Fort Worth Zoning Ordinance

Chapter 4 District Regulations

Article 1. General

4.100 Districts Established

In order to regulate and restrict the location of trades and industries and the location of buildings erected, reconstructed, altered or enlarged for specified uses, to regulate and restrict the height and bulk of buildings hereafter erected, reconstructed, altered or enlarged, to protect and preserve places and areas of historical and cultural importance and significance, to regulate and determine the area of yards and other open spaces and to regulate and limit the density of population, the City of Fort Worth is hereby divided into districts that are grouped in classes for convenience of reference as follows.

1. Special Purpose Districts
   1. Agricultural (“AG”) District
   2. Community Facilities (“CF”) District
   3. Historic Preservation Overlay Districts (“HSE”, “HC”, “DD”)
   4. Planned Development (“PD”) District
   5. Conservation (“CD”) Overlay District
   6. Manufactured Housing (“MH”) District
      
2. Residential Districts
   1. One-Family, (“A-2.5A) District
   2. One-Family, (“A-43”) District
   3. One-Family, (“A-21”) District
   4. One-Family, (“A-10”) District
   5. One-Family, (“A-7.5”) District
   6. One-Family, (“A-5”) District
   7. One-Family Restricted (“AR”) District
   8. Two-Family (“B”) District
   9. Zero Lot Line/Cluster (“R1”) District
   10. Townhouse/Cluster (“R2”) District
   11. Low Density Multifamily (“CR”) District
   12. Medium Density Multifamily (“C”) District
   13. High Density Multifamily (“D”) District
       
3. Commercial Districts
   1. Neighborhood Commercial Restricted (“ER”) District
   2. Neighborhood Commercial (“E”) District
   3. Low Intensity Mixed-Use (“MU-1”) District
   4. Low Intensity Greenfield Mixed-Use (“MU-1G”) District
   5. General Commercial Restricted (“FR”) District
   6. General Commercial (“F”) District
   7. Intensive Commercial (“G”) District
   8. Central Business (“H”) District
   9. Trinity Uptown ("TU") District
      
4. Industrial Districts
   1. Light Industrial (“I”) District
   2. High Intensity Mixed-Use (“MU-2”) District
   3. High Intensity Greenfield Mixed-Use (“MU-2G”) District
   4. Medium Industrial (“J”) District
   5. Heavy Industrial (“K”) District
      
5. Inactive Districts
   1. Flood Plain (“O1”) District
   2. Flood Plain (“O2”) District
   3. Multifamily Highrise (“DHR1”) District
   4. Multifamily Highrise (“DHR2”) District
   5. Planned Commercial (“EP”) District
   6. Office Midrise (“OM”) District
   7. Industrial Park (“IP”) District

4.101 District Hierarchy

References in this Zoning Ordinance to more or less restrictive zoning districts refer to the base zoning districts established above and represent a progression from the “A” District as the most restrictive base zoning district to the “K” District as the least restrictive base zoning district.  Special purpose and inactive districts are not included in the zoning district hierarchy.

4.102 District Maps

1. Maps Incorporated
   The districts described above and the boundaries of such districts are shown upon the maps attached hereto and made a part of this Zoning Ordinance, being designated as the “District Maps” and said maps and all the notations, references and other information shown thereon shall be as much a part of this Ordinance as if the matters and information set forth by said map were all fully described herein.   The District Maps are available in the Planning and Development Department.
2. Boundaries of Districts
   Where uncertainty exists with respect to the boundaries of the various districts, as shown on the map accompanying and made a part of this Ordinance, the following rules shall apply:
   1. The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by the street or alley lines, the centerline of said street or alley shall be construed to be the boundary of such district.
   2. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by lot lines, said lot line shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
   3. In unsubdivided property, the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale contained on such map, unless dimensions are shown.
3. Omitted Land
   If, because of error or omission in the District Maps, any property in the City of Fort Worth is not shown as being in a zoning district, or if for any other reason the zoning cannot be properly determined on any property in the City of Fort Worth, such property shall be classified as “AG” Agricultural until changed by amendment
4. Initial Zoning
   In the case of property annexed to the City without a specific action designating zoning districts for the property, the property shall be classified as “AG” Agricultural until changed by amendment.

4.103 Compliance with District Standards

Except as specifically authorized to the contrary in this Ordinance, the following regulations shall apply in all districts:

1. No building permit, Certificate of Occupancy or other permit shall be issued, nor shall any use be made of land or any building or structure within the City of Fort Worth unless such land is located in a district.
2. No building or structure shall be erected, reconstructed, altered or enlarged nor shall any building or structure or land be used for any purpose other than is permitted hereafter in the district in which such building, structure or land is located, and no building, structure or land shall be used and no Certificate of Occupancy or building permit shall be issued for any use or purpose prohibited by ordinance or by the Constitution and laws of the United States of America or of the State of Texas.
3. No building or structure shall be erected, reconstructed, altered or enlarged to exceed the height or bulk limit established for the district in which such building is located.
4. No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this Ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.
5. No building permit shall be issued for any building or structure unless such building or structure is located on a platted lot or lots which have been described by an instrument recorded in the county deed records in accordance with Chapter 212, Texas Local Government Code, and the lot or lots front upon a legally established street or private access easement.
6. In addition, no building permit shall be issued for any building on land composed of a fractional part of any lot, or a lot and a fractional part of any adjacent lot, or the fractional parts of two adjacent lots.
7. Every dwelling hereafter erected, reconstructed, altered or enlarged shall be located on a lot of record unless:
   the dwelling is an integral part of a Unified Residential Development (see ‘6.506 Unified Residential Development’ ); or
   the lot is described by metes and bounds by an instrument recorded in the County Deed Records before October 1, 1940, or the date of annexation, whichever is later; or
   the lot qualifies for a dwelling permit by other provisions of this Ordinance.
8. No yard or other open space provided about any building or structure for the purpose of complying with the provisions of these regulations shall be considered as providing a yard or open space for any other building or structure; provided further that no yard or open space on an adjacent property shall be considered as providing a yard or open space on a lot whereon a building is to be erected.

Article 2. Special Purpose Districts

4.200 Agricultural District ("AG")

1. Purpose and Intent
   The purpose of the Agricultural District is to provide for continued use of land for agricultural purposes, including farms, ranches, orchards, truck farms and nurseries, until such time as it is appropriate and desirable to develop the property (at which time a rezoning to a district appropriate for the proposed development is required).  One-family dwellings are permitted, provided they are clearly accessory to an agricultural operation.
2. Uses
   In the Agricultural (“AG”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5. 
   1. One-Family Dwellings.  One-family dwellings clearly incidental to the operation of a farm, ranch, orchard, truck garden or nursery (including dwellings on the same farm or ranch used exclusively for the housing of employees living on the premises) are permitted in the “AG” District, provided that tracts that contain less than ten acres in separate ownership shall be limited to one principal dwelling.
   2. Feeding Pens. In the “AG” District, farms, ranches and similar agrarian activities involving the growing of plants and the raising and pasturing of livestock may include accessory feeding pens, provided that no operation shall be conducted that will be obnoxious or offensive.  Commercial feeding pens shall not be permitted.
   3. Accessory Buildings.  See ‘5.301 Accessory Buildings on Residential Lots’.
3. Property Development Standards
   In the Agricultural (“AG”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table.

   Agricultural (“AG”) District
   Front Yard	25 feet minimum
   Rear Yard	25% of lot depth minimum, not to exceed 25 feet
   Side Yard
   Interior lot, up to 50’ width	Each side 10% of lot width minimum, but not less than 3 feet
   Interior lot over 50’ width	Each side 5 feet minimum, sum of both sides equal to minimum 20% of lot width (not to exceed 20 feet)
   Corner lot*	Same as interior lot
   Height	3½  stories or 45 feet maximum, provided, however, Stealth Telecommunication Towers are permitted to a height of 75 feet as a Special Exception approved by the Board of Adjustment.  The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.  Telecommunication Towers are not permitted.
   NOTES: *May be subject to projected front yard setback (see Sections 6.101F and 4.200D.4)

   
   
4. Other Development Standards
   Development in the Agricultural (“AG”) District may be subject to a variety of general development standards included in Chapter 6, and the following provisions:
   1. On-Premises Signs.  On-premises signs are permitted in the “AG” District subject to the following:
      An unilluminated nameplate bearing the family name of the occupants residing in the residence not to exceed one square foot in area.
      An unilluminated sign for those uses permitted that are not residential. The sign shall not exceed 30 square feet in area, shall be no higher than 25 feet above grade, and shall be placed a minimum of ten feet behind the property line.  Such sign shall not be placed within 20 feet of drives providing ingress and egress to the property.
   2. Off-Street Parking. One space per dwelling unit.  For nonresidential uses, see Chapter 6 ‘Development Standards’, Article 2.
   3. Landscaping and Buffers.  Nonresidential uses may require landscaping or buffers.  See Chapter 6 ‘Development Standards’, Article 3.
   4. Projected Front Yard Setback. 
      On corner lots, the side yard regulations shall be the same as for interior lots except in the case of reversed frontage where the corner lot abuts on the side of a lot facing the other intersecting street, in which case there shall be a side yard on the corner lot of not less than 50 percent of the front yard required on the lot abutting the rear of the corner lot or separated only by an alley.
      This regulation shall not be interpreted so as to reduce the buildable width, after providing the required minimum side yard, of a corner lot of record and in separate ownership as of May 16, 1966, to less than 28 feet. 
      No accessory buildings (Sec. 5.301) on a reverse frontage corner lot shall project beyond the front yard of the lots in the rear, nor shall a building be erected, reconstructed, altered or enlarged closer than 5 feet to the rear.

4.201 Community Facilities ("CF") District

1. Purpose and Intent
   The purpose of the Community Facilities (“CF”) District is to accommodate those institutional and related uses that are established in response to the health, safety, educational and welfare needs of a neighborhood, community or major sector of the City.
2. Uses
   In the Community Facilities (“CF”) District, no building or land shall be used and no building shall hereafter be erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8, and the supplemental use standards of Chapter 5.
3. Property Development Standards
   In the Community Facilities (“CF”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table.

   “CF” District
   LotWidth	50 feet minimum
   Front Yard*
   Across street from front yard in “A” or “B” District	20 feet minimum
   Across street from front yard in “AR“ or “R1” through “D” District	10 feet minimum
   Rear Yard	5 feet minimum reduced to 0  feet where adjacent to an alley at least 10 feet wide
   Side Yard**
   Adjacent to residential district	5 feet minimum
   Across street from a side yard in a residential district	10 feet minimum
   Height	Based on most restrictive adjacent district.  Stealth Telecommunication Towers are permitted to a height of 15 feet above the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment.  The Scenic Preservation and Design Review Commission must approve the design of all Stealth Telecommunication Towers.  Telecommunication Towers are permitted to the allowable height of the most restrictive adjacent district as a Special Exception approved by the Board of Adjustment.
   Notes: *  May be subject to setback averaging (Section 6.101D) ** May be subject to projected front yard (Section 6.101F)

   
   
4. Other Development Standards
   Development in the Community Facilities (“CF”) District may be subject to a variety of general development standards included in Chapter 6, and the following provisions.
   1. Parking.  See Chapter 6 ‘Development Standards’, Article 2. When adjacent to or across the street from a one- or two-family district, parking is prohibited in the front yard.  Access to parking may be through the front yard.
   2. Signs. Identification signs shall be permitted subject to the following provisions:
      Signs shall be permitted to identify the use or uses of the property on which displayed.
      A sign or combination of signs shall have a maximum allowable area of exposure along each dedicated street frontage of not more than one square foot of sign area for each ten linear feet of frontage along said street; provided, however, a minimum of at least one sign shall be allowed having an area of 12 square feet.
      Not more than 50 percent of the total allowable sign area may be located in the required yard space along a dedicated street. However, no individual sign in such required yard space shall exceed 20 square feet in sign area.
      Symbols which are designed as an integral part of the building structure and symbols and signs which are not visible or readable from the public street shall not be limited by the above regulations.
      Signs located across the street from a one- or two-family district shall not be illuminated. The source of light for illuminated signs shall not be visible and shall not be intermittent or flashing. Revolving signs shall not be permitted.
   3. Landscaping and Buffers. Nonresidential uses may require landscaping or buffers.  See Chapter 6 ‘Development Standards’, Article 3.
   4. Development Adjacent to a One- or Two-Family District.
      When adjacent to or across the street from a one- or two-family district, parking is prohibited in the front yard.  Access to parking may be through the front yard.
      Except for country clubs, elementary and secondary schools, public parks, playgrounds, community centers, places of worship, day care facilities and kindergartens, all uses in the “CF” District shall be located at least 100 feet from any one- or two-family district. Such distance shall be measured from the facility to the district boundary line.
      A bufferyard in accordance with the requirements of Section 6.300 shall be required when a “CF” District is located adjacent to any one- or two-family district.
      
5. Special Definition of Site
   The site for any use permitted in the “CF” District may be composed of one or more lots of record whether the same are adjacent or separated by a dedicated right-of-way. 

4.202 Manufactured Housing ("MH") District

1. Purpose and Intent
   It is the purpose of the Manufactured Housing (“MH”) District to provide a specific area for manufactured home parks and manufactured home subdivisions only, thus providing a location for the use and enjoyment of manufactured housing along with those uses customarily accessory thereto.
2. Uses
   In the Manufactured Housing (“MH”) District, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered or enlarged, nor shall a Certificate of Occupancy be issued, except in accordance with the use tables in Chapter 4, Articles 6 and 8 and the supplemental use standards of Chapter 5.
   1. Manufactured home subdivisions. Manufactured home subdivisions are permitted in the “MH” District.
   2. Manufactured home parks. Manufactured home parks are permitted in the “MH” District. Manufactured home parks shall be constructed and developed in accordance with Chapter 13 of the City Code, “Fire Prevention and Protection,” Article I, Section 13-2, Subsection (b), Appendix VIII, “Mobile Home and Recreational Vehicle Parks.”
   3. Manufactured homes not in a subdivision or park. No manufactured home shall be located within the City of Fort Worth except in a manufactured home park or a manufactured home subdivision, except as permitted by the Board of Adjustment as a special exception use as a place of residence for documented security purposes (see ‘5.404 Residence for Security Purposes, Temporary’).
   4. Manufactured home sales lot. No manufactured home sales lot shall be permitted in the “MH District”.
3. Property Development Standards
   1. In manufactured home subdivisions in the Manufactured Housing (“MH”) District, the minimum dimension of lots and yards and the height of buildings shall be as shown in the accompanying table, and the following standards:
      No more than one dwelling unit shall be
      located on any one subdivision lot;
      Skirting shall be required on all manufactured homes; and
      All manufactured homes shall be anchored to a permanent foundation.
   2. Manufactured home parks shall conform to the following standards:
      Skirting shall be required on all manufactured homes; and
      All manufactured homes shall be anchored to a permanent foundation.
   3. Recreational vehicles shall not be occupied as living quarters in any zoning district.

      “MH” District: Manufactured Home Subdivision
      Land Area	4 acre minimum
      LotArea	4,000 square feet minimum per unit
      LotWidth	40 feet minimum
      LotCoverage	50 percent maximum
      Front Yard	20 feet minimum
      Rear Yard	5 feet minimum
      Side Yard
      Interior lot	5 feet minimum
      Corner lot*	10 feet minimum
      Height	35 feet maximum  (see Section 6.100.)
      Notes: *  May be subject to projected front yard (Section 6.101F)

4. Other Development Standards
   Development in the Manufactured Housing (“MH”) District may be subject to a variety of general development standards in Chapter 6, and the following provisions.
   1. Signs. An identifying sign shall be permitted at each major entrance to the manufactured home park except that no more than three signs shall be permitted for one park, and such signs shall be subject to the following provisions:
      Each sign shall contain only the identifying name of the park and its street address.
      Signs may be illuminated but the source of light shall not be visible and shall not be intermittent or flashing; revolving signs shall not be permitted. Signs shall not be lighted between the hours of 10:00 p.m. and 6:00 a.m.
      Such signs may be freestanding but shall have not more than two supports and the top of the sign shall be no more than eight feet above grade.
      Each sign shall be single-faced and shall be limited to a maximum area of 12 square feet.
      All signs shall conform with the requirements concerning setbacks from public streets that are applicable to structures, except that such signs may be attached flat against a wall or fence surrounding the manufactured home park, no portion of which shall extend into the public right-of-way.
   2. Parking. One space per dwelling unit in a manufactured housing subdivision and two spaces per dwelling unit in a manufactured home park.  See also Chapter 6 ‘Development Standards’, Article 2.
   3. Landscaping.  For manufactured home parks, generally 4 percent of net site area or 30-foot deep landscaped area adjacent to public rights-of-way.  See Chapter 6 ‘Development Standards’, Article 3.

Article 3. Planned Development ("PD") District

4.300 Purpose and Intent

The Planned Development (“PD”) District is intended to provide for greater flexibility and discretion in the development of residential, commercial, industrial, and institutional uses and combinations of such uses. The “PD” District is intended to provide for increased compatibility and more effective mitigation of potentially adverse impacts than is possible under conventional district regulations.  It is recognized that it is desirable for certain improved sites within the City to be redeveloped and for other unimproved sites to be developed symbiotically with adjacent improved land in accordance with site plans prepared and approved as a part of the ordinance authorizing the zoning necessary for the proposed development. 

4.301 Designation of "PD" District

1. Site Plan Approval Required
   No building permit or Certificate of Occupancy shall be issued and no use of land, buildings or structures shall be made in the “PD” District until the same has been approved by the City Council as part of a site plan in compliance with the procedures, terms and conditions of this Article of the Ordinance; provided, however, the requirement for a site plan may be waived by the City Council where deemed appropriate by the City Council in its sole discretion.
2. Site Plan Requirements
   The site plan submitted in support of a request for site plan approval shall contain sufficient information delineating the characteristics of the site, changes in those characteristics as may be proposed by the development, how the development will relate to public services and facilities, and what protection features are included to ensure that the development will be compatible with existing and allowable development on adjacent property. The site plan shall show at least the following items of information:
   1. The land area included within the site, the zoning classification of all adjacent sites, and all public and private rights-of-way and easements bounding and intersecting the site and adjacent sites which are proposed to be continued, created, relocated and/or abandoned.
   2. The proposed finished grade of the site and its relation to elevations of adjacent sites if pertinent.
   3. A description of the proposed site and the boundaries thereof.
   4. The location of each existing and each proposed structure on the site, the specific category of use or uses to be contained therein, the number of stories, gross floor area, type of exterior construction material, and the location of entrances and exits to buildings.
   5. The location and width of all curb cuts and driving lanes.
   6. The dimensions and capacities of parking areas and loading areas, and the character and location of illumination facilities for same.
   7. All pedestrian walks, malls and open areas for use by tenants or the public.
   8. The location and height of all walls, fences and screen planting and landscaping.
   9. The location, size, height, foot-candle level and orientation of all lighting and signs.
   10. The types of surfacing such as paving, turf or gravel to be used at the various locations.
   11. The location of fire hydrants.
   12. Location and screening of garbage containers, air conditioners and outside storage or display.
   13. A schedule of the phasing of all improvements shown in the plan.
   14. Building height, building separation and open space.
   15. Density per acre of any residential dwellings.
3. Application
   An application for site plan approval shall be filed with the Planning and Development Department on a form prepared by that Department and accompanied by a site plan. No site plan shall be accepted for filing until the appropriate filing fee has been paid.
4. Procedure for Zoning Change to “PD” District
   The procedures for hearing a request for a zoning change to the “PD” District shall be the same as for a requested change to any other district, as set forth in Chapter 3, Article 5.
5. “PD” District as Amendment to Ordinance
   Every Planned Development District approved under the provisions of this Ordinance shall be considered as an amendment to the Ordinance as applicable to the property involved. In approving the Planned Development District, the City Council may impose conditions relative to the standard of development, and such conditions shall be complied with before a Certificate of Occupancy is issued for the use of the land or any structure which is part of the Planned Development District; and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a Certificate of Occupancy.

4.302 Procedure for Site Plan Approval in "PD" District

1. Public Hearing Required
   The Zoning Commission shall hold a public hearing on all applications for site plan approval. The procedures for hearing a request for approval of a site plan shall be in accordance with this Section.
2. Written Notice
   Written notice of the public hearing before the Zoning Commission shall be sent to the owners of real property within 300 feet of the property upon which a site plan has been submitted, such notice to be given not less than ten days before the date set for hearing to all such owners who have rendered their said property for City taxes, as their ownership appears on the last approved ad valorem tax roll. Such notice shall be served by depositing same, properly addressed and postage paid, in the United States mail.  When property lying within 300 feet of the proposed site plan is located within territory which was annexed to the City after the final date for making the renditions which are included on the last approved tax roll, at least 15 days notice of the time and place of the public hearing shall be published in the official newspaper or a paper of general circulation in the City.
3. Zoning Commission Recommendation
   All recommendations by the Zoning Commission on site plan approval shall be forwarded to the City Council for setting and holding of a public hearing thereon.

4.303 Site Plan Revisions

1. Review and Evaluation
   Any revisions to the site plan after the public hearing before the City Council, except as permitted under Paragraph B. below, shall be submitted to the Planning and Development Department for distribution, review and written evaluation by City staff prior to resubmission to and approval by the Zoning Commission and City Council.
2. Minor Changes
   Minor changes to an approved site plan, which will not cause any of the following circumstances to occur, may be authorized by the Planning and Development Director or a designee:
   1. A change in the character of the development.
   2. A five percent or greater increase in the gross floor areas of structures.
   3. Any substantial and material changes in such external effects on adjacent property as noise, heat, light, glare and vibration.
   4. A substantial and material reduction in the originally approved separations between buildings.
   5. Any adverse changes in traffic circulation, safety, drainage or utilities.
   6. A five percent or greater increase in the height of structures.
   7. A ten percent or greater reduction in the originally approved setbacks from property lines.
   8. A five percent or greater increase in ground coverage by structures.
   9. A five percent or greater reduction in the ratio of off-street parking and loading space (provided that the minimum requirements of Chapter 6, Article 2 are met).
   10. A change in the size, height, lighting, flashing, animation or orientation of originally approved signs.

       
       The decision of the Planning and Development Director as to whether requested changes are minor shall be final and nonappealable. Any change deemed not to be a minor change, as indicated above, shall be processed as a new application to the Zoning Commission in accordance with the provisions of this Article.

       
       

4.304 Considerations for Site Plan Approval

1. Criteria
   During the site plan review and evaluation process, the following criteria shall be considered:
   1. The nature and character of the development and adequacy of the buffer between proposed improvements on the site and adjacent property.
   2. The adequacy of utilities, access roads, drainage and other necessary supporting facilities that have been or will be provided.
   3. The adequacy of the design, location and arrangement of all driveways and parking spaces so as to provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments.
   4. The adequacy of any nuisance prevention measures that have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration.
   5. The effect directional lighting will have on neighboring properties.
   6. The impact of the proposed development on adjacent property values and on the ability of the adjacent property to be developed.
2. Additional Requirements
   In approving a site plan, the Zoning Commission or City Council may impose additional reasonable requirements necessary to protect the public interest and welfare of the community.
3. Violation of Conditions
   The violation of any condition or requirement on an approved site plan or any construction or use that is not in compliance with an approved site plan shall be deemed to be a violation of the ordinance which granted the “PD” District zoning change subject to site plan approval.

4.305 Uses

1. Map Designations
   The permitted use or uses of property located in the “PD” District shall be determined at the time the district is approved by using the suffixes described below:
   1. The suffix “SU” (Specific Use)  may be selected and added as a suffix to the “PD” District to note that the City Council has approved a specific use or uses or a class of generic uses such as offices, retail, personal services, educational facilities or warehousing. In the event certain uses are deemed inappropriate, the use of the property may be further restricted by eliminating certain uses from the category of uses.
   2. Any Commercial or Industrial district (Chapter 4, Articles 9 and 10) may be selected and added as a suffix to a “PD” District, which permits the property to be used for any use or uses included in the list of permitted uses for the indicated district.
   3. Approval of a “PD” District in combination with a suffix of another zoning district, or approval of a “PD” District in combination with an “SU” suffix shall be deemed approval of a more restrictive district than approval of such zoning without a “PD” designation, provided that the approved use was permitted in the district indicated in the public hearing notice.  Uses permitted in a “PD” District through addition of the suffix for another zoning district, may be refined through exclusion of specified uses otherwise permitted in the district.
2. Residential Planned Developments
   The following may be permitted through approval of a Planned Development in accordance with the procedures in this Article.  Halfway houses are permitted only through approval of a planned development.
   1. Halfway houses.
      The applicant shall submit the following information to the Planning and Development Department:
      1. Area plan showing zoning classifications and land uses of all property within ¼ mile of the site of the proposed halfway house. The area plan must specifically identify all uses related to children, such as schools, places of worship, parks, playgrounds, day care centers, public and private youth centers, public swimming pools and video arcade facilities. The applicant is expected to make a good faith effort to locate all such uses;
      2. Site plan for the property, in compliance with this Article. The site plan shall include a floor plan detailing room sizes, sleeping areas, number of beds, training rooms, kitchen and food service areas, bathrooms, recreational areas and all other uses. The site plan requirement cannot be waived by the Zoning Commission;
      3. Copy of the contract governing the operation of the facility;
      4. Security plan identifying security features of facility; and
      5. Copy of policies and rules for operation of the facility.
         
         The Zoning Commission shall consider comments from the Police Department and Planning and Development Department concerning the documentation described above prior to recommending approval of any zoning change request for a halfway house.
         
         Notification of the requested zoning change shall be sent to the owners of all property within 1000 feet of the property on which the change in zoning is proposed, in accordance with the procedure set out in state law and local ordinances, and to all neighborhoods registered with the Planning and Development Department that include property located within 1000 feet of the proposed site.  Notice of the time and place of the hearing before the City Council shall be published in an official newspaper or a newspaper of general circulation at least 15 days before the hearing as required by state law and shall be at least five inches by eight inches.
         
         If the owner or operator of a nonconforming halfway house wishes to expand the facility or make structural alterations which require the approval of the Board of Adjustment, notification of the request shall be sent to the owners of all property within 1000 feet of the property on which the expansion is proposed, in accordance with the Rules of Procedure of the Board of Adjustment, and to all neighborhoods registered with the Planning and Development Department that include property located within 1000 feet of the proposed site.  In addition, notice of the time and place of the hearing before the Board of Adjustment shall be published in an official newspaper or a newspaper of general circulation at least 15 days before the hearing and shall be at least five inches by eight inches.
   2. Residential Dwellings, either exclusively or in combination with commercial, light industrial and/or institutional uses.
      The designated multifamily component of the Planned Development may contain more than 24 units per acre only in areas designated as mixed-use growth centers in the Comprehensive Plan.  When the multifamily component of a Planned Development contains more than 24 units per acre, the applicant shall submit a service impact analysis to address impact on sewer and water service, traffic, storm drainage, nearby recreational amenities, and residential land uses within ½ mile, in addition to submitting a site plan in accordance with this article.  For purposes of this section, a light industrial use is any use allowed in the “I” Light Industrial District and an institutional use is any use allowed in the “CF” Community Facilities District.
3. Specific Commercial Uses Permitted in “PD” District Only
   The following uses are permitted only through approval of a Planned Development in accordance with the procedures in this Article.
   1. Gambling facilities or other operations featuring games of chance, including bingo parlors.
   2. Horse, dog or automotive racing.
      Additional development controls shall be required, as follows:
      1. Holding areas for horses or dogs shall be provided in case of fire.
      2. An approved emergency plan and an approved evacuation plan shall be provided.
      3. Security plans shall be provided and reviewed by the Police Department.
      4. Spectator parking lots shall be 500 feet from any one- or two-family districts.
      5. Other facilities, including accessory uses and facilities such as the race track and the bleachers, shall be 1000 feet from any one- or two-family district and from any multifamily district not a part of race track as a mixed use.
      6. The parking required shall be one space for every two spectator seats and one space for every ten square feet of spectator standing area.
      7. When located within or adjacent to any city, state, or national historic district, the racetrack building and structures shall be designed to be compatible with said district.
      8. An approved solid waste disposal plan shall be provided and set into operation upon occupancy of the racetrack and its buildings and structures.
      9. All support activities and other proposed uses, which the site may include, shall be specifically identified.
         
         In addition to site plan requirements and development controls above, the following design considerations shall be incorporated where feasible:
         
      10. Impact studies (such as traffic impact) on the effects of the track operations on adjacent lands.  Such studies shall include setbacks; street, arterial, and highway access; and buffering of properties surrounding the racetrack site.
      11. Compartmentalization of parking areas for traffic circulation and emergency vehicle circulation.
      12. Emergency vehicle access around site located at the bleachers area with connection through the spectator parking lots to the user area.
      13. Height of buildings and structures not to exceed 12 stories or 120 feet, whichever is the most restrictive.
      14. User parking and storage area for trailers and similar vehicles with separate access than from spectator parking area.
   3. Shooting or weapons firing range (see also Section 23-6, Fort Worth City Code).
   4. Hotels and motels within 1000 feet of a residential district (see ‘5.116 Hotel, Motel or Inn’).
   5. Mini-Warehouse
      
4. Specific Industrial Uses Permitted in “PD” District Only
   The following uses are permitted only through approval of a Planned Development in accordance with the procedures in this Article.
   1. Cement, lime, gypsum or plaster of paris manufacture.
   2. Coke ovens.
   3. Creosote treatment or manufacture.
   4. Landfill, recycling center, household hazardous waste or waste tire facility.
      Facilities handling, processing, and loading of municipal solid waste and recyclable materials for transportation at transfer stations; storage, processing, bailing or reclamation of paper, glass, wood, metals, plastics, rags, junk, concrete, asphalt, and other materials at materials recovery facilities and recycling centers; disposal, dumping, or reducing of offal or dead animals; composting for yard and wood wastes, municipal solid waste, and/or sludge at composting facilities; collection and storage of household hazardous wastes; and processing and storage of scrap tires at waste tire facilities, subject to the requirements set out below.  For purposes of this subsection, such facilities are further defined by Title 30, Texas Administrative Code, Chapter 330, “Municipal Solid Waste,” Sections 330.2 and 330.803, and Chapter 335, “Industrial Solid Waste and Municipal Hazardous Waste,” Section 335.1.  The operator shall comply with the following requirements:
      Submit a site development plan for review that provides detailed information about the design and development of the facility and that addresses:
      1. Zoning and land use within ¼ mile of the site;
      2. Proximity to residences, businesses, and other uses;
      3. Availability and characteristics of access roads including current traffic volumes and impact of proposed facility on roads and traffic;
      4. Locations of all existing and proposed buildings, equipment, and machinery;
      5. Fire prevention and control;
      6. Groundwater, drinking water, and surface water protection including wash areas, stream or water course diversions, holding ponds, and tanks;
      7. Screening fences, berms, buffers, and landscaping;
      8. Provisions for all activities including loading, unloading, handling, processing of materials, and maintenance and storage of containers, vehicles and other equipment and machinery to be done within the confines of the facility and behind required screening fences; and
      9. Erection and maintenance of signage at the entrance to the facility that is clearly visible to the public and identifies the owner, operator, business address, telephone number, and hours of operation of the facility.
         
         Obtain, maintain, and have available on-site all required permits and comply with all federal, state, and local regulations that relate to the collection, transportation, handling, processing, and disposal of all materials for which the facility is approved.
         Submit and maintain on-site an operations plan that addresses:
      10. Provisions for preventing unauthorized wastes and materials from being brought to the facility;
      11. Procedures for identifying, handling, removing, transporting, and disposing of unauthorized wastes and materials that may have been brought to the facility;
      12. Procedures for controlling water runoff, erosion, dust, odors, vectors and rodents;
      13. Procedures and employee training for fire prevention and control;
      14. Litter control and cleanup; and
      15. Procedures for reporting and handling fuel and chemical spills.
          
          Provide proof of financial security by submitting documents showing compliance with federal and/or state financial assurance requirements or by submission of performance bond sufficient to ensure that maximum amount of materials stored or accumulated on-site at any one time can be properly recovered and disposed of in the event that the owner/operator is unable to do so.
          City Council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state, and local regulations, codes, and ordinances. The operator and/or owner shall provide in writing for access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety.
          The Planning and Development Department may not issue a Certificate of Occupancy until the operator of such facility submits proof that the operation of the facility has been approved by all applicable federal and state regulatory agencies as required by law.
   5. Manufacture, processing or production of hazardous chemicals (including acid, ammonia, bleaching powder or chlorine manufacture, and explosives manufacture and storage)
   6. Manufacture of heavy rubber products.
   7. Metal smelting, reclamation or ore reduction of tin, copper, lead, zinc or iron ores.
   8. Mining, quarrying, dredging or excavation of dirt, gravel, sand, or stone, for the purpose of removing, screening, crushing, washing, or storage of ore, clay, stone, gravel or similar materials, subject to the following requirements:
      1. Provision of a site plan of all existing conditions, including topography at five-foot intervals, streams, lakes, and other bodies of water, roadways, utility lines, structures and major vegetation, including canopy cover.
      2. Identification of any known protected species of plant, fish or animal life, or the presence of areas of historic, cultural or archeological significance. Such property that is found to be protected or of significant public interest shall not be included in any area approved for mining.
      3. Delineation of all permits and licenses (including NPDES and Texas Air Control Board) required for the operation of such a facility, name of contact person, agency address and telephone number of all permitting agencies, and verification of approval of same prior to operation.
      4. Submission of a plan of operation, including scheduling of activities, phasing, traffic generation, employees, and use of explosives or other hazardous or caustic materials or chemicals.
      5. Analysis of potential impacts to adjacent properties (especially residential) due to dust, noise, water runoff and diversion, ground water alteration, silting, sedimentation, erosion, traffic, and mitigation measures to control such impacts.  Submittal of drainage study if deemed necessary by the Department of Transportation and Public Works.  When deemed appropriate, as a mitigation measure of the site perimeter, City Council may require appropriate buffering, berming, screening and landscaping greater than that required under this Zoning Ordinance, which shall be maintained in a proper manner at the expense of the property owner. All mitigation measures must be installed and completed prior to any physical mining of the site.
      6. Submission of plan for protection of adjacent rights-of-way and streets if mining operations are planned within 50 feet of such rights-of-way and streets, and approval of plans required from the Transportation and Public Works Director.
      7. Approvals from all utility service providers, transmission, electric and pipeline companies for work around, near or across such utility facility, including approvals for relocation of such utility facility if required.
      8. Site plan identifying all proposed structures, operating facilities, loading and wash areas, roadways, stream or water course diversions, holding ponds/tanks, temporary power lines and other site improvements.
      9. A reclamation plan, including final topography contours, at five-foot intervals, relocated stream beds, lakes, ponds and other physical features, type and depth of surface material, seeding and replanting plan for restoration of the original canopy cover of the site, including any required cross-section and engineering/construction plans as approved by the City Forester or a soil conservation scientist. It is recommended that plant materials native to the site be used.
      10. Submission of a performance bond or cash payment for each phase as required under the standard contract for Community Facilities Agreement of the City to ensure that all restoration costs in accordance with the reclamation plan of the site are met.
      11. Provision of a clearly visible sign at the entrance to the mining operation identifying the name, business address and phone number of the facility owner and operator in compliance with the requirements for on-premises signs.
      12. City Council may appoint an oversight committee of city staff, public representatives and others, as required, to provide assurance of compliance with all federal, state and City regulations, codes and ordinances. The operator and/or owner of a mining operation shall provide in writing for the limited access to the property by said members subject to all safety and operational restrictions required by law to protect on-site public welfare and safety. Such access approval shall be a prerequisite and part of the conditions of approval of the “PD” District.
   9. Packing plants, including slaughtering of animals and processing of by-products.
   10. Paper and pulp manufacture.
   11. Petroleum refining or wholesale storage.
   12. Rock, cement crushers and stone quarries.
   13. Rolling mills.

4.306 Property Development Standards

In addition to any other specific regulations, the following standards shall apply in any “PD” District.

1. The City Council, in approving any “PD” District, may designate the maximum height, floor area and/or other restrictions on the development of such uses.
2. The height and yard regulations of the most restrictive district in which the approved use or uses are allowed shall constitute the minimum development requirements; provided, however, that the City Council or Zoning Commission may impose more restrictive requirements in order to minimize incompatibilities
3. Unless indicated on the approved site plan, the sign regulations in the most restrictive district in which the approved use or uses are allowed shall be followed.
4. The parking requirements of Chapter 6, Article 2 shall apply to all commercial and industrial uses in the “PD” District. Parking requirements for apartments and multifamily dwellings in the “PD” District shall be determined in accordance with the Unified Residential Development provisions in Section 6.506.

Article 4. Conservation("CD") Overlay District

4.400 Purpose and Intent

1. The City of Fort Worth has many unique and distinctive residential and commercial areas that contribute significantly to the overall architectural and cultural character and identity of the city.  The City Council recognizes the need to preserve, protect, and enhance the value of these areas and wishes to provide a means of conserving the distinctive atmosphere or character of areas by protecting or enhancing their significant architectural or cultural attributes through the establishment of Conservation Districts.
2. Section 211.003, Texas Local Government Code authorizes the City of Fort Worth to regulate and restrict the construction, alteration, reconstruction, or razing of buildings and other structures in “designated places and areas of historic, cultural, or architectural importance and significance.” The Conservation District provides for the establishment of regulations concerning the conservation of existing buildings and new construction and their settings in designated places of architectural or cultural importance and significance.  It is recognized that there are areas in the city where the application of conservation district zoning could assist in the conservation of architectural and cultural attributes and thereby contribute to the stability or stabilization of these areas:
3. The provisions of this Article are intended:
   To protect and strengthen desirable and unique physical features and design characteristics of an area;
   To protect and enhance the livability of the City;
   To reduce incompatible development and promote new compatible development;
   To encourage, foster, and strengthen civic pride;
   To encourage the stabilization of property and property values; and
   To ensure the harmonious, orderly and efficient growth and development of the City.

4.401 Zoning Classification

1. Designation is a means for property owners to initiate and implement programs for the conservation or revitalization of neighborhoods and commercial areas.  The overlay district and its regulations shall be applicable to each property within the district in addition to the regulations of the base underlying zoning classification where the property is located.
2. Any zoning district may be followed by the suffix “CD,” indicating that such zoning district is subject to the use and development regulations of both the designated district and the Conservation District guidelines.
3. Designation of an area by the City Council as a conservation district (“CD”) 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.
4. The height of structures and minimum dimensions of lots and yards shall be determined by the regulations set forth for the underlying, primary zoning district classification except where height and area regulations are specified in Conservation District design guidelines adopted by the City Council.
5. If there are any conflicts between the adopted guidelines of the Conservation District and any provision of the Zoning Ordinance, the provisions of the adopted guidelines of the Conservation District shall apply.
6. If there are any conflicts 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.

4.402 Criteria for Designation

1. The proposed Conservation District must have consistent and definable physical characteristics that can be conserved by protecting or enhancing it architectural or cultural attributes;
2. The majority of the housing stock within the proposed Conservation District must be composed of consistent building types;
3. The proposed Conservation District area must contain at least one adjoining block face that includes both sides of the street; and
4. At least fifty-one percent (51%) of the land area in the proposed Conservation District must be presently improved.

4.403 Procedures for Designation of Property

An application for a Conservation District Overlay (“CD”) zoning may be initiated at the direction of:

1. The request of the owners who collectively own more than fifty (50) percent or more of the individual tracts, parcels, or platted lots, to be located within the boundaries of the proposed district; and the request of the owners who collectively own fifty (50) percent or more of the land area, excluding streets and alleys, 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.
2. The City Manager, the Zoning Commission, or the City Council.

4.404 Application

1. An application for a “CD” zoning initiated by the City Manager, the Zoning Commission, or the City Council shall be processed by the Planning and Development  Department.  The Planning and Development Department shall develop the Conservation District Guidelines for the proposed district as outlined in this Article.
2. An agent of a group that satisfies the requirements of Section 4.202 may file an application for “CD” zoning with the Director of Planning and Development on a form furnished by the department.  Each owner representing fifty (50) percent or more of the individual tracts, parcels, or platted lots and (50) percent or more of the land area must sign the application.  A copy of the proposed district guidelines must be provided to each property owner before the owner signs the application.  Acknowledgement of the receipt of the proposed guidelines by each property owner must be indicated on the application.
3. An application for “CD” zoning must include the following:
   An application fee equal to that required for “HC” historic and cultural landmarks district applications.
   Maps, including streets, alleys, lots and blocks at the scale of at least 1 inch= 200 feet, indicating the area to be covered and 200 feet beyond.
   Graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed district, including:
   
   1. A description of the prevalent architectural and cultural attributes of the area;
   2. The common building height, size, roof line and principal elevation;
   3. The common lot size and open space;
   4. The prevalent front and side yard setbacks;
   5. The prevalent fences, entrances, driveways, windows, garage placement and entry;
   6. Other common prevalent characteristics of the proposed district; and
   7. An explanation of how and why such a classification would be in the best interests of the city as a whole.
      
      A list of all neighborhood associations and/or other organizations representing the interests of the property owners in the proposed district.  This list should include the name, address, and telephone number of a contact person for each organization.
      Proposed guidelines for the District.
4. Applications deemed incomplete by the Planning and development Department shall be returned to the agent for the applicants within fourteen (14) calendar days of the initial application submission.  An application shall be considered submitted when it is received by the Planning and Development Department.  The returned application shall include a letter prepared by the department with adequate instructions to inform the applicant of additional information required to complete the submission of the application.  No action will be taken by the City on an incomplete application.

4.405 Conservation District Guidelines

1. The Planning and Development  Department shall work with the applicants to prepare the Conservation District guidelines for the proposed district.  The guidelines will include, at a minimum, a written and graphic description of the goals, objectives, policies, and proposals for guiding the development of the area.
2. The guidelines shall establish the significant physical characteristics for structures and properties in the district and shall include at least one of the following elements governing the physical, characteristics and features of all property within the proposed district:
   
   1. Building height and number of stories;
   2. Building material;
   3. Building size;
   4. Principal elevation;
   5. Lot size
   6. Front, side, and rear yard setbacks;
   7. Off-street parking and loading;
   8. Roofline and pitch;
   9. Paving;
   10. Accessory buildings;
   11. Driveways;
   12. Garages;
   13. Density;
   14. Square footage;
   15. Signage;
   16. Architectural style;
   17. Window dormer and door size;
   18. Landscaping;
   19. Fences;
   20. Street layouts;
   21. Parks, greenbelts or other natural characteristics; and
   22. Land use patterns.
       
3. The proposed guidelines shall be permitted with the application to the Zoning Commission and the City Council.  No Conservation District may be established in the city unless the City Council first approves the design guidelines for the district in accordance with this Article.
4. Copies of the approved guidelines shall be on file in the Planning and Development Department.
5. Design guidelines may be reviewed and modified by the City Council when requested by a property owner within the district or by the 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.

4.406 Public Hearings

1. At least fifteen (15) days prior to submission of the application to the Zoning Commission for consideration, the Planning and Development Department shall hold a public meeting for the purpose of informing property owners in the proposed district of the submitted application for a Conservation District overlay and the proposed guidelines for the district.  At least ten (10) days prior to the public hearing, notices of the time and place of the meeting shall be mailed to all addresses of property owners and residents shown on the application, to any additional addresses of properties in the proposed district as shown on the last approved city tax roll, and to any registered neighborhood associations located within the proposed district.  Notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail.
2. Zoning Commission Hearing.  No area shall be designated as a Conservation District without the recommendation of the Zoning Commission.  The Zoning Commission shall conduct a public hearing on the proposed designation within forty-five (45) days after receipt of the application for designation and the proposed guidelines by the Planning and Development Department, or as soon thereafter as is reasonably practicable.  The 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.
3. City Council Hearing.  The City Council shall give notice and conduct its hearing on the Zoning Commission’s recommendation concerning the proposed designation and guidelines within forty-five (45) days of receipt of the recommendations of the Zoning Commission, or as soon thereafter as is reasonably practicable.  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, 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.
4. If the owners of at least twenty (20) percent of an area nominated for designation as a Conservation District protest such designation by submitting a written, signed protest, the affirmative vote of at least ¾ of all members of the City Council is required in order for the designation to take effect.

4.407 Recording of Designations on Zoning Map

Upon designation of an area as a Conservation District, the City Council shall direct that the designation to be recorded on the official zoning maps of the city.  All zoning maps shall indicate the property in the district with the suffix “CD” in addition to the marks indicating the primary underlying zoning district classification indicating the such zoning district is subject to the use and development regulations of both the designated district and the Conservation District.

4.408 Filing of Designation and Guidelines in Property Records

Record of designation of an area as a Conservation District and the corresponding district guidelines shall be recorded in the official property records of the county in which the property is located by the Planning and Development Department.

4.409 Enforcement

1. Upon receipt of a building permit application for property within a Conservation District, the Building Official shall forward a copy of the building permit application to the Director of Planning and Development for review and comment.  No building permit shall be issued by the Planning and Development Department for any new construction or any alteration or addition to the exterior of an existing building or structure within a designated Conservation District without the submission and approval of design plans and issuance of a Certificate of Appropriateness by the Director of Planning and Development.
2. All work performed pursuant to a Certificate of Appropriateness shall conform to any requirements included herein.  It shall be the duty of the Planning and Development and Code Compliance Department to assure compliance.  If work is performed that is not in accordance with the Certificate of Appropriateness and verification by the Building Official, the Building Official shall issue a stop-work order and all work shall immediately cease.  No further work shall be undertaken on a project while a stop-work order is in effect.

4.410 Appeal, Penalties

1. Any owner dissatisfied with any action of the Planning and Development Department, Code Compliance Department, or Building Official relating to the enforcement of the district guidelines shall have the right to appeal to the City Council within ten (10) days after receipt of notification of such action, by filing a written notice of such appeal with the City Secretary and the Planning and Development Department.  Such appeal shall be a de novo hearing concerning the matter in question.  The City Council shall schedule a hearing on such appeal within thirty (30) days after receipt of the notice of appeal, or as soon thereafter, as is reasonably practicable.  Notice of such hearing shall be published by the City Secretary in the city’s official newspaper not less than the 15th day before the date of the hearing.  Written notice shall be given to all property owners within the Conservation District no later than ten (10) days before the date set for the hearing by depositing the same in the United States Mail.  At the hearing, the owner and all interested parties will have the opportunity to be heard.  The City Council shall uphold, reverse, or modify the decision of the Planning and Development Department or Building Official within thirty (30) days of the appeal hearing unless the owner agrees to a continuance.
2. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this Article shall be fined not more than $2,000.00 for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.
3. The provisions of this section shall apply in addition to other enforcement procedures or penalties, which are available at law or in equity.

Article 5. Historic Preservation Overlay Districts ("HSE", "HC", "DD")

4.500 Purpose and Intent

As a matter of public policy, the protection, enhancement and perpetuation of landmarks or districts of historical, cultural, architectural or archeological importance and significance 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 historical, 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 historical, cultural, architectural or archeological importance which represent or reflect distinctive and important elements of Fort Worth’s historical, cultural, architectural, archeological, social, economic, ethnic and political heritage;
2. To promote the preservation and conservation of the heritage, architecture, culture and development of Fort Worth;
3. Educate elected officials, appointed bodies, city departments, and the public at large about the heritage of Fort Worth and the benefits of utilizing historic preservation to achieve the goals and vision of the City;
4. Foster civic pride by recognizing accomplishments of the past;
5. Protect and enhance the attractiveness of the City to tourists and visitors and support and stimulate the economy;
6. Ensure the harmonious, orderly and efficient growth and development of the City;
7. Encourage appropriate land uses, which respect the historic character and development of significant sites, features, structures and neighborhoods;
8. Engage the public in discourse on the preservation of the City, its benefits, and participation in planning for historic preservation;
9. Promote the economic prosperity and welfare of the community;
10. Encourage the stabilization, restoration and improvement of property and property values; and
11. 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.

4.501 Appointment of Historic Preservation Officer

The Planning and Development 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.

4.502 Districts Established

1. Establishment of Categories
   There shall be three categories of protection for historically, culturally, architecturally or archeologically significant properties in the City of Fort Worth, as follows:
   1. Highly Significant Endangered (“HSE”)
   2. Historic and Cultural Landmark, if an individual structure or site, or Historic and Cultural Landmarks District, if more than one structure or site (“HC”); and
   3. Demolition Delay (“DD”)
      These historic preservation overlay districts may appear on the Official Zoning Map from time to time as required by Section 4.503H.
2. 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.
3. 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. However where the proposed use of a historically significant property may adversely impact the character or integrity of the property, the provisions of this article may be used to encourage an appropriate alternative.
   2. A historic overlay district is subject to the regulations of the primary zoning district classification. However, where adopted design guidelines of a district recommend a more historically appropriate yard setback building height, lot dimension or site configuration than the base zoning district allows, the design guidelines shall prevail however in no instance shall this relieve the requirement for a variance from the Board of Adjustments in compliance with the provisions set out by this or any other adopted ordinance.
   3. Design guidelines adopted for any district shall be considered supplementary to any provision of this article and the regulations of the City of Fort Worth. For all instances where this article shall be applied, the prevailing precedence shall be as follows: 
      1. Chapter 4, Article 5 of the Comprehensive Zoning Ordinance of the City  of Fort Worth for all matters of process, procedure and regulation; 
      2. The adopted guidelines of a district, the City of Fort Worth, or the Secretary of the Interior for all matters of rehabilitation, restoration or preservation; and
      3. All other City of Fort Worth ordinances, regulations or policies as they may apply to any action described within this article.
   4. In no instance shall the provisions of this article 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.
   5. 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.
4. General Criteria for Designation
   The following criteria and supplemental examples shall be used to propose the significance of structures, sites and their features, or neighborhoods and to evaluate designation by the City of Fort Worth as Highly Significant Endangered, Historic and Cultural Landmark district and Demolition Delay: 
   1. Is distinctive in character, interest or value; strongly exemplifies the cultural, economic, social, ethnic or historical heritage of the City of Fort Worth, State of Texas or the United States, including, but not limited to:
      1. Site or structure associated with a particular ethnic, religious, social or cultural group's history or development; 
      2. Site or structure associated with the founding, development or expansion of an historical or established business in the City of Fort Worth, the State of Texas or the United States; or
      3. Site or structure associated with a documented theme in the history of  Fort Worth such as the Pioneer and "Fort Worth" era, the Cattle Drives and the Stockyards, Railroads, development patterns, or oil, aviation and other industries.
   2. Is an important example of a particular architectural type or specimen in the City of Fort Worth, including, but not limited to:
      1. Example of a high style form of architecture such as Victorian, Art Deco or Beaux Arts;
      2. Example of a revival style of architecture such as Classical Revival or Tudor Revival; or
      3. Example of documented vernacular or regional architecture such as a  shotgun or bungalow.
   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, including, but not limited to:
      1.  Work of an architect, landscape architect or builder known on a national scale such as Louis Kahn, Phillip Johnson, or Tadao Ando;
      2. Work of an architect or builder known for specific contributions to Fort  Worth such as Wyatt Hedrick, Preston Geren, or Wiley Clarkson; or
      3. Work associated with an architecture, landscape architecture or building firm identified with significant projects in Fort Worth such as Sanquinet and Staats; Hare and hare, or Van Slyke & Woodruff.
   4. Embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation, including, but not limited to:
      1. Contains specific and identifiable architecture features;
      2. Contains information about primitive or archaic construction methods or design; or
      3. Contains materials significant for their use or manner of use.
   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, including, but not limited to:
      1. Contributes to a neighborhood or area described by previous historical survey as eligible local or National Register District;
      2. Associated with an established pattern of development applied similarly across a defined neighborhood or subdivision;
      3. Associated with a style of architecture, type of construction, or detailed   feature of significance to a class of building or geographic area.
   6. Possesses significant archeological value, which has produced or is likely to produce data affecting theories of historic or prehistoric interest, including, but not limited to;
      1. Tests a hypothesis or process in important research in the social sciences, or humanities;
      2. Corroborates or enhances current information on the past, its people, or processes; or;
      3. Reconstructs a culture or site for the purpose of identifying and explaining connections to or between historic or prehistoric events, cultures, or peoples.
   7. Is the site of a significant historic event, including, but not limited to:
      1. Location of a specific event important to the history of the city, state, or country such as a Civil War battlefield or the site of the original military  fort at Fort Worth;
      2. Specific location of a pattern of events significant to the history of the city, state, or country such as part of the Chisholm Trail or a depot on the railroad; or
      3. General location establishing a pattern of events significant to the city, state, or country such as an industrial district representing the city's achievements in the meat packing industry or a neighborhood developed by oil barons.
   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, including, but not limited to:
      1. Site associated with a specific person of significance to the city, state, or country such as the home of John Ryan, the office of Amon Carter, or the grave of Ripley Arnold;
      2. Site associated with a business or personal interest to someone of significance such as a neighborhood developed by John Ryan or the site of a club with membership of noteworthy citizens; or
      3. Site associated with a known organization or group of people with significance such as a fraternal organization or congregation.
   9. Represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area, including, but not limited to:
      1. Explain a feature that caused a specific pattern of development such as the effect the Trinity River has on river front property or the effect the  Interstate Highway has on the splitting of one historical neighborhood    into many neighborhoods;
      2. Defines a relationship between features, sites, or structures such as the orientation of structures around community park or the location of a school within a neighborhood; or
      3. Expresses an aesthetic or historic sense of a period of time such as a carriage house or a hand drawn well.
   10. Is designated as a Recorded Texas Historic Landmark or State Archeological Landmark, or is included on the National Register of Historic Places.
5. 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; and
   2. It is determined by the City Council to be threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition.
      The nomination for designation shall describe how the structure meets the pertinent criteria in Paragraph D of this section, the existing and proposed use of the structure, any planned stabilization and/or rehabilitation by the property owner, and the nature and degree of endangerment to the structure. 
      A structure designated Highly Significant Endangered shall be deemed to be a historically significant site in need of tax relief to encourage its preservation, in accordance with Section 11.24 of the Texas Tax Code.
6. Designation as Historic and Cultural Landmark (“HC”)
   An individual structure or site may be designated as a 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 a Historic and Cultural Landmarks District.
7. Designation as Demolition Delay (“DD”)
   1. Designation. A structure may be designated Demolition Delay if it satisfies one or more of the following qualifications:
      • Designated as a Recorded Texas Historic Landmark;
      • Designated as a Texas State Archeological Landmark;
      • Designated as an American Civil Engineering Landmark;
      • Listed on the National Register of Historic Places; or
      • It meets two or more of the criteria set out in Paragraph D above, and is identified as a resource within a defined survey district of the historic resources survey or within a 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.
      Owners of structures designated Demolition Delay who have filed an 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.
      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 a Historic and Cultural Landmarks District.

4.503 Procedures for Designation of Property

The procedures for designation of sites, features, and structures as Highly Significant Endangered, Historic and Cultural Landmark (individual or as a district), and Demolition Delay and for designation of areas as Historic and Cultural Landmarks Districts are as follows:

1. Initiation of Nomination
   1. An application may be submitted by the owner of a property, their duly authorized agent, or by the City Manager.
   2.  In lieu of an application, the Historic and Cultural Landmarks Commission or the City Council may adopt a resolution calling for the Historic Preservation Officer to submit a nomination to the Historic and Cultural Landmarks Commission for consideration.  Where the Historic and Cultural Landmarks Commission adopts a resolution, the nomination may not be considered until the next regularly scheduled meeting.
   3. Nominations prepared and submitted by an authorized agent shall contain the signatures of the owner or owners unless created by resolution of the City Council or the Historical and Cultural Landmarks Commission.
2. Nomination
   1. Application contents. All applications submitted for the designation of a property as Highly Significant Endangered, Historic and Cultural Landmark or Demolition Delay shall contain at a minimum, the following information:
      1. Site address, legal description and base zoning for the property or properties in question. For the designation of a structure or feature on a partial lot or parcel, a metes and bounds survey stamped by a surveyor licensed by the State of Texas shall be required;
      2. Property owner or owners name, mailing address, and telephone number;
      3. Survey or site plan depicting the location of all buildings and site features contained within the property to be designated;
      4. Photographs of each elevation of all buildings and site features contained within the property to be designated;
      5. Written description of all buildings and site features with materials, architectural features, height, fenestration and other significant details and a description of each building or feature's status as contributing or non-contributing to the significance of the site;
      6. Written nomination containing applicability of the criteria for designations; and
      7. Application form containing the signature of the owner or owners.
   2.  Where a nomination is for the designation of a Historic and Cultural Landmark district, the application shall contain the signatures of owners in support of the district as follows:
      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 to be located within the boundaries of the proposed district.
      3. Two or more platted lots developed together shall be counted as one lot.
      4. Each vacant platted lot of sufficient size to be developed under the current zoning designation for the property shall be counted as one lot.
   3. For purposes of this section, the Historic Preservation Officer is the administrative official with original jurisdiction to review an application for completeness. An application shall not be accepted by the Historic Preservation Officer until it contains all information prescribed herein. For nominations submitted by             resolution of the City Council or the Historic and Cultural Landmarks Commission, an application shall be deemed complete upon a majority affirmative vote of the appropriate body.                     
3. Notice of Nomination
   When the Historic Preservation Officer deems an applicant to be complete, a notice of the pending nomination shall be mailed to all property owners at least ten days before the scheduled Historic and Cultural Landmarks Commission hearing.  The notice shall be served by depositing the same, properly addressed and postage paid, in the United States Mail.  In the case of nomination for a historic and cultural landmarks district, a notice of nomination shall be mailed to each individual owner of property within the district in accordance with this section.  The most recently approved municipal tax roll showing the name and address of the owner shall be used for this purpose.  The notice of nomination shall include the following information:
   1. A description of the property proposed for nomination, including the contributing or non-contributing status of properties included within a district nomination;
   2. The proposed category of protection and the criteria on which the nomination is based;
   3. A description of the benefits, restrictions and other terms of the proposed designation, including but not limited to tax incentives and restrictions on demolition and rehabilitation;
   4. The time, place and date of the public hearing by the Historic and Cultural Landmarks Commission to consider such designation;
   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.
4. 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 standard mail, 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 4.504 for a period of 135 days or until the proposed designation is denied.  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 standard mail, 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 4.504 for a period of 135 days or until the proposed designation is denied.  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 4.504.  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.  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 compelling 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.
5. Consideration of Designation Any property nominated for designation as HSE, HC (individual or district), or DD shall be considered for designation at public hearings by the Historic and Cultural Landmarks Commission, the Zoning Commission, and the City Council.
   1.  Historic and Cultural Landmarks Commission Hearing. There shall be a public hearing of the Historic and Cultural Landmarks Commission before a recommendation is voted upon the designation of a property or district.
      1. Upon the determination by the Historic Preservation Officer that a complete application has been received for designation, a public hearing of the Historic and Cultural Landmarks Commission shall be scheduled. At this hearing, the  Historic Preservation Officer shall verify the required signatures of property owners have been received, present any proposed design guidelines for        review, present the context for establishing contributing status of property within the district and a list of the properties considered to meet this criteria, and describe the economic incentives eligible and describe the economic incentives eligible under the designation. The Historic and Cultural         Landmarks Commission may accept this testimony or may continue consideration of the designation and request amendments or modifications to the information presented.
      2. The Commission may recommend the designation or adoption of the proposed guidelines, may recommend the designation and guidelines with specific modifications or may recommend denial of the designation.
      3.  Where the Commission finds it necessary to continue discussions on any part of the nomination, or cannot recommend approval of the proposed design guidelines, consideration of both the nomination and the guidelines may be continued to a date agreed upon by an affirmative vote of the Commission.
   2. Zoning Commission Hearing. Upon submittal of the recommendation of the Historic and Cultural Landmarks Commission, the proposed designation and where applicable design guidelines shall be submitted to the Zoning Commission for its review and recommendations. The Zoning Commission shall give notice and conduct its public hearing on the proposed designation and where applicable design guidelines within 45 days of the receipt of such recommendation from the Historic and Cultural Landmarks Commission, or as soon thereafter as is reasonably practicable. The 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.
   3. 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.
   4. Vote Required for Designation by the City Council. If an owner of a property 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 ¾ of all members of the City Council is required in order for the designation to take effect, in accordance with Section 211.006 of the Texas Local Government Code.
6. 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.
7. Filing of Designations in Property Records. Record of designations 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. Proof of recordation shall be provided to the Historic Preservation Officer prior to the receipt of any subsequent economic incentives from the City of Fort Worth.
8. Amendments to an existing Historical and Cultural Landmark District. Following the designation by the City Council of a Historic and Cultural Landmark District, amendments to change the district boundary, the adopted design guidelines or the list of contributing properties shall follow the procedures for an amendment to this ordinance and in accordance with the following provisions:
   1. The boundary of an existing district may be amended or otherwise altered to include additional properties where each of the following conditions exist:
      1. The geographic area proposed for inclusion within the existing boundary is contiguous to the existing district;
      2. The area proposed for inclusion is found to meet at least three of the ten criteria for designation as described in this article;
      3. The area proposed for inclusion has a similar context and character that reasonably relates to the existing district, either by architectural, historical, or cultural motif; and
      4. A petition in support of the amendment signed by the owners of more than 50% of the individual tracts, lots, and parcels and more than 50% of the total land area within the area proposed for inclusion.
   2. The design guidelines for a district may be amended at the request of the City Council or property owners where each of the following conditions exist:
      1. A petition in support of the amendments signed by the owners of more than 50% of the individual tracts, lot, and parcels and more than 50% of the total land area within the district; and
      2. The existing guidelines shall remain in effect, unless otherwise found to be void, until the date of approval by the City Council of any amendments or alterations  to the guidelines.
   3. The list of contributing structures for a district may be amended periodically at the request of the district or the City Council where each of the following conditions exist:
      1. A petition of support signed by all owners of property being added to or subtracted from the list; and
      2. A statement for each property as to why the change in status is sought, accompanied by any additional information that may be requested by the historic preservation officer to support the change in status.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

4.504 Certificate of appropriateness

To preserve significant structures and neighborhoods, changes shall be documented and reviewed to determine if the proposed change is appropriate to the character of the area designated or pending designation as HSE, HC, or DD and does not adversely impact its significance.

1. Certificate of appropriateness required. All changes to the exterior of a structure designated or pending designation as HSE or HC and the land by which it is accessed shall require review for appropriateness with the provisions of this article, and adopted design guidelines.  In addition, the demolition or relocation of any structure designated or pending designation as HSE, HC, or DD shall also require review for appropriateness in the same manner.
   1. Work, which does not involve a change to material, configuration, dimension, or outward appearance, shall be considered in-kind repair and does not require a certificate of appropriateness.
   2. Removal of non-original and non-historic materials, restoration of existing features, repairs, alterations and construction not visible from the public right of way, and alteration of a non-contributing structure shall be reviewed by the historic preservation officer and if found to be appropriate and consistent with applicable standards and guidelines may be issued a certificate of appropriateness. At the discretion of the historic preservation officer, an application found to alter significantly the character of a structure or site may be referred to the Historic and Cultural Landmarks Commission for further review.
   3. Alterations and construction visible from the public right of way, demolition, relocation of a structure, and any an application found to alter significantly the character of a structure or site shall be reviewed by the Historic and Cultural Landmarks Commission.
2. Application for a certificate of appropriateness. The property owner of authorized agent shall file an application for a certificate of appropriateness with the historic preservation officer prior to the commencement of any work.  The application shall contain a completed application form, as provided by the historic preservation officer, with the signature of the property owner or authorized agent and attachments as required by the historic preservation officer in order to evaluate the appropriateness of the application, including but not limited to:
   1. Site plan of the property;
   2. Photographs of all affected elevations of the structure and property;
   3. Detailed description of the proposed work;
   4. Scaled drawings or renderings of all proposed changes for each affected elevation, including dimensions, materials and profile drawings;
   5. Structural reports and documents;
   6. Samples of materials to be used;
   7. For demolition and relocation applications, rationale why the structure is no longer significant, based on the criteria for designation, or if applicable, proof of economic hardship; and
   8. Any other information requested by the Historic and Cultural Landmarks Commission or historic preservation officer necessary to evaluate the appropriateness of the proposed work. An application shall not be accepted until it is determined complete and correct by the historic preservation officer.
3. Criteria for evaluation of appropriateness.  The intent of the historic designation is to preserve the character, identity, and presence of historic structures and sites without constraining creative use and adaptation.  Therefore, in determining the appropriateness of proposed changes to an area designated or pending designation the following standards adapted from the Secretary of the Interior’s Standard for Rehabilitation shall be used in conjunction with approved design guidelines and applicable city code:
   1. A structure or property shall be used for its historic purpose or be placed in a new use that is permitted under the zoning ordinance. The use shall require minimal change to the defining characteristics of the structure, property, site and environment.
   2. 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.
   3. Each structure or property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other structures or property, shall not be undertaken.
   4. Most structures and property change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
   5. 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.
   6. 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.
   7. 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.
   8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
   9. New additions, exterior alterations, or related new construction shall not destroy historic materials which characterize the structure or property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the structure or property and its environment.
   10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic structure or property and its environment will be unimpaired.
   11. New construction, which takes place after demolition or removal of a structure or property in an historic and cultural landmarks district has been approved, must comply with the design guidelines for the district.
   12.  New construction, which takes place after demolition or removal of a structure that is an accessory use to a structure designated highly significant endangered or historic and cultural landmark, must comply with the design guidelines in order to maintain the historic character of the designated structure.
4. Procedure for review of a certificate of appropriateness.  Upon acceptance of a completed application, the historic preservation officer shall review the project for consistency with applicable city ordinances, the provisions of this article and adopted design guidelines.
   1. Historic preservation officer.  Where the proposed work can be considered for review by the historic preservation officer under section 4.503 (A) [2], the historic preservation officer may issue a certificate of appropriateness when the proposed work is found to be consistent with all regulations and guidelines. Where the historic preservation officer considers the proposed work to be inconsistent with applicable regulations and guidelines or potentially to have impact on the character of a structure of site the application shall be forwarded to the Historic and Cultural Landmarks Commission for consideration of the certificate of appropriateness.
   2. Historic and Cultural Landmarks Commission.  The Historic and Cultural Landmarks Commission shall conduct a public hearing to consider an application for a certificate of appropriateness within 45 days after it is accepted by the historic preservation officer or as soon thereafter as is reasonably practicable.
      1. Notice to owners of adjacent property. Upon receipt of a complete application for a certificate of appropriateness, the historic preservation officer or a designee shall prepare a notice of public hearing, which shall be mailed to the owner or owners of property located within a distance of 200 feet of the property listed within the application, at least ten days prior to the Historic and Cultural Landmarks Commission hearing. The notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail.
      2. For applications seeking to demolish or relocate a structure designated or pending designation as HSE, HC or DD, the city manager or designee shall cause the posting of at least one sign on the property used to access the structure no less than ten days before the date of the public hearing at which the application will be considered by the Historic and Cultural Landmarks Commission.  Where possible, the sign shall be conspicuously located near the public right of way. The sign shall indicate the pending request for demolition or relocation and provide a contact source for additional information. The posting of the sign or its maintenance shall not be deemed a condition precedent to the holding of any public hearing, to the approval or denial of the certificate of appropriateness or to any other official action concerning the application.
      3. The owner or authorized representative and all other persons who have executed a purchase contract or option contract for purchase of the property, or their representatives, shall appear at the hearing. The owner, potential buyers and all other interested parties, including local preservation groups, will be heard concerning the application. For requests to demolish or relocate a structure, the Historic and Cultural Landmarks Commission may request evidence concerning plans for the future development of the property.
   3. Decision of the Historic and Cultural Landmarks Commission . At the conclusion of the public hearing, or as soon thereafter as is reasonably practicable, the Historic and Cultural Landmarks Commission shall take one or more of the following actions:
      1. If the Historic and Cultural Landmarks Commission finds that the application is consistent with applicable regulations and guidelines, a certificate of appropriateness may be approved, with or without any conditions that may be appropriate;
      2. If the Historic and Cultural Landmarks Commission finds that the application is not consistent with applicable regulations and design guidelines, a certificate of appropriateness may be denied with or without prejudice;
      3. If the Historic and Cultural Landmarks Commission fails to issue the certificate of appropriateness because the proposed work is not consistent with applicable regulations and design guidelines, the owner shall have the right to request deviations from the design guidelines from the Historic and Cultural Landmarks Commission. In order to receive a deviation from the guidelines, the owner must prove by a preponderance of the evidence that no reasonable opportunity exists to recover the cost of the proposed work if it is required in accordance with 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 has satisfied the burden of proof, the deviation from the design guidelines may be approved and the work allowed, 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.
      4. If the Historic and Cultural Landmarks Commission finds that there is not enough information to reasonably determine the appropriateness of proposed work or if all interested parties who may present testimony are not in attendance at the public hearing, the application may be continued until such time necessary information or interested parties are available.
   4. Certificate of appropriateness, loss of significance: If the Historic and Cultural Landmarks Commission finds that a structure is no longer significant; a certificate of appropriateness for demolition or relocation may be approved. In making this determination, the Historic and Cultural Landmarks Commission must find that the owner has established by a preponderance of evidence that the structure has undergone significant and irreversible changes which have caused it to lose the significance, qualities or features which qualified the structure designation.
   5. Certificate of appropriateness, economic hardship:
      1. If the Historic and Cultural Landmarks Commission finds that an owner of a property 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. 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 4.506.
      2. If the owner does not establish that an unreasonable economic hardship exists, the certificate of appropriateness shall be denied.
      3. 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 public hearing and 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. These conditions shall be in compliance with all other city codes and ordinances.
   6. Certificate of appropriateness, demolition delay: 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 owner or authorized agent shall be required to participate in a consultation meeting to discuss a process for alternatives to demolition prior to the issuance of a permit, in accordance with the following:
      1. Within thirty (30) days, of submission of an application for demolition, the historic preservation officer shall schedule a consultation meeting with the owner or authorized agent, city staff and interested parties to propose alternatives to the owner which would seek to alleviate the need for demolition.  These alternatives may include but are not limited to property tax relief, loans or grants from public or private resources, acquisition of the property, a transfer of development rights, or a variance from provisions of the zoning ordinance or building code. The application shall not be deemed complete by the historic preservation officer until the owner or authorized agent provides a written response to any alternatives proposed in the consultation meeting.
      2. The historic preservation officer shall upon completion of the application schedule a public hearing in accordance with section 4.504(D). The owner of the property shall be in attendance at the public hearing.
      3. The Historic and Cultural Landmarks Commission shall conduct a public hearing during which the owner or authorized agent shall present testimony and evidence stating why the structure should be demolished, including but not limited to proof of unreasonable economic hardship, barriers to development, structural deficiency or loss of significance.
      4. At the conclusion of the public hearing, the Historic and Cultural Landmarks Commission shall issue a certificate of appropriateness for demolition pending the submission by the owner of a response to each proposal in writing and submitted to the historic preservation officer for review and acceptance by the Historic and Cultural Landmarks Commission.
         1. As a condition to the certificate of appropriateness, the Historic and Cultural Landmarks Commission may require a delay of no more than 180 days from the date of the hearing.
         2. During the delay period the owner may request a hearing of the Historic and Cultural Landmarks Commission to present evidence why the delay should be waived or shortened.
         3. 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 city shall issue a permit for demolition.
         4. If the owner of the property can provide a preponderance of evidence that there is no economically viable use of the property without demolition of the structure, the delay period may be waived or shortened to any time less than 180 days at the discretion of the Historic and Cultural Landmarks Commission.
         5. In determining the length of any delay, the Historic and Cultural Landmarks Commission shall consider whether delay of such certificate of appropriateness will cause unreasonable economic hardship to the owner.
         6. Should the Historic and Cultural Landmarks Commission fail to approve a specific delay period by an affirmative vote, the maximum delay of 180 days allowed by this article shall be required.
         7. In the event that the owner of property designated demolition delay allows a valid demolition permit to expire without demolishing the property, the 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 the permit.
5. Documentation of properties to be demolished or relocated. 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:
   1. Photographs of the structure, property or features to be demolished;
   2. Written documentation of the architecture of the structure or property;
   3. Documentation that the site has been rezoned (e.g. “PD” Planned Development), replatted, variances granted or that other development requirements have been met; and
   4. Additional documentation required for certain highly significant properties:
      1. Significant historical background of past owners and events in the structure or on the property;
      2. Scaled drawings of the floor plan;
      3. Scaled drawings of the exterior elevation;
      4. Scaled plan indicating the dimensions of the site and exact location of each structure, property and landscape feature on the site; and
      5. Any other information 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)
6. Re-filing of application for certificate of appropriateness. When an application for certificate of appropriateness is denied by the Historic and Cultural Landmarks Commission, or the Appeals Board on appeal, or when the owner has withdrawn an application after the application has been scheduled for hearing, no new application of like nature shall be accepted by the city or scheduled for a hearing by the Historic and Cultural Landmarks Commission for a period of 12 months following the date of denial or withdrawal, unless the application is denied without prejudice; provided, however, on receipt of written request by the owner describing substantially changed conditions since prior consideration of the application to justify an earlier consideration of the application, the Historic and Cultural Landmarks Commission may waive the mandatory delay period and authorize the acceptance of a new application.
7. All decisions of the Historic and Cultural Landmarks Commission shall be in writing. The decisions shall state the findings of the Historic and Cultural Landmarks Commission relating to the approval, denial or approval with conditions of the certificate of appropriateness. The historic preservation officer shall provide copies of the decisions of the Historic and Cultural Landmarks Commission to the applicants, the building official and the superintendent of the code compliance division.
8. 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.
9. Commencement of work.  Work, as described by any certificate of appropriateness may not begin until the Historic and Cultural Landmarks Commission has issued a decision on the certificate of appropriateness, and then only after all other required permits and approvals have been granted.
10. Limitation of term of certificate of appropriateness.  Where work approved under a certificate of appropriateness has not commenced within 180 days of the date of issuance, the certificate of appropriateness shall be considered void and a new application shall be required.
    1.  As an exception, where a valid permit has been issued by the City of Fort Worth in compliance with the terms of the certificate of appropriateness, the certificate of appropriateness may remain valid until the date of expiration of the associated permit, at the discretion of the historic preservation officer and building official.
    2. upon expiration of a certificate of appropriateness, an applicant may apply for an extension of the previously approved project. Where no change is made to the project, the historic preservation officer may approve an extension not to exceed 90 days. Where a change is made to the proposed project or an extension has expired, the applicant shall be required to submit a new application for a certificate of appropriateness.
11.  No authority to grant variance. The board of adjustment shall not have jurisdiction to grant any variance from the criteria listed section 4.504(C) or from any adopted design guidelines.

4.505 Enforcement

1. All work performed pursuant to a certificate of appropriateness shall conform to any requirements included herein. It shall be the duty of the historic preservation officer periodically to inspect any such work to assure compliance. If work is found that is not performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic and Cultural Landmarks Commission and verification by the building official, the building official shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on a project while a stop-work order is in effect, except at the discretion of the building official where work is deemed to not require a certificate of appropriateness or other review as provided by this chapter.
2. Upon receipt of a stop work order by the building official, a property owner shall file an application for all necessary certificates of appropriateness within 10 business days for review at the next regular hearing of the Historic and Cultural Landmarks Commission.
3. Where an owner fails to submit an application for review within the required time period, a second citation shall be issued and all civil remedies available to the city shall be pursued, including the issuance of a separate citation each day the violation persists.

4.506 Unreasonable economic hardship

1. Declaration of unreasonable economic hardship. The Historic and Cultural Landmarks Commission may declare that an unreasonable economic hardship exists as a basis for:
   1. Recommending removal of the highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay designation; or
   2. Issuing a certificate of appropriateness approving the demolition or relocation of property designated or pending designation as highly significant endangered or historic and cultural landmark or located in an area designated or pending designation as an historic and cultural landmarks district.
2. Burden of proof. When a claim of unreasonable economic hardship is made, the owner must prove by a preponderance of the evidence that:
   1. The owner cannot make reasonable beneficial use of or realize a reasonable rate of return on a structure or site, regardless of whether that return represents the most profitable return possible, unless the highly significant endangered, historic and cultural landmark, historic and cultural landmarks district or demolition delay designation, as applicable, is removed or the proposed demolition or relocation is allowed;
   2. The structure or property cannot be reasonably adapted for any other feasible use, whether by the current owner or by a purchaser, which would result in a reasonable rate of return; and
   3. The owner has failed to find a purchaser or tenant for the property during the previous two years, despite having made substantial ongoing efforts during that period to do so. The evidence of unreasonable economic hardship introduced by the owner may, where applicable, include proof that the owner's affirmative obligations to maintain the structure or property make it impossible for the owner to realize a reasonable rate of return on the structure or property.
3. Claim for historic and cultural landmarks districts. Owners of individual structures or sites located in an historic and cultural landmarks district are entitled to a certificate of appropriateness for demolition or relocation upon proof of unreasonable economic hardship; however, an historic and cultural landmarks district designation shall be removed only from the entire district, upon proof that the designation results in an unreasonable economic hardship to the district as a whole. Individual structures or sites shall not be removed from an historic and cultural landmarks district.
4. Consultation and search for alternatives. The owner, persons or entities who have executed a sales contract or option contract for purchase of the property, or their representatives, the Historic and Cultural Landmarks Commission, local preservation groups and interested parties shall consult in good faith, as outlined in Section 4.504 (D) in a diligent effort to seek alternatives that will eliminate the unreasonable economic hardship and preserve the structure or property.
5.  Affidavit of hardship. As evidence that an unreasonable economic hardship exists, the owner may submit the following information to the Historic and Cultural Landmarks Commission by affidavit:
   1. For all structures and property:
      1. The past and current use of the structures and property;
      2. The name and legal status (e.g., partnership, corporation) of the owners;
      3. The original purchase price of the structures and property;
      4. The assessed value of the structures and property according to the two most recent tax assessments;
      5. The amount of real estate taxes on the structures and property for the previous two years;
      6. The date of purchase or other acquisition of the structures and property;
      7. Principal balance and interest rate on current mortgage and the annual debt service on the structures and property, if any, for the previous two years;
      8. All appraisals obtained by the owner or applicant within the previous two years in connection with the owner's purchase, financing or ownership of the structures and property;
      9. Any listing of the structures and property for sale or rent, price asked and offers received;
      10. Any consideration given by the owner to profitable adaptive uses for the structures and property;
      11. Any replacement construction plans for proposed improvements on the site;
      12. Financial proof of the owner's ability to complete any replacement project on the site, which may include but not be limited to a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institution; and
      13. The current fair market value of the structure and property as determined by a qualified appraiser.
   2. For income producing structures and property:
      1. Annual gross income from the structure and property for the previous two years;
      2. Itemized operating and maintenance expenses for the previous two years; and
      3. Annual cash flow, if any, for the previous two years.
   3. In the event that the Historic and Cultural Landmarks Commission determines that any additional information described above is necessary in order to evaluate whether an unreasonable economic hardship exists, the Historic and Cultural Landmarks Commission shall notify the owner. Failure by the owner to submit such information to the Historic and Cultural Landmarks Commission within 15 days after receipt of such notice, which time may be extended by the Historic and Cultural Landmarks Commission, will be grounds for denial of the owner's claim of unreasonable economic hardship.

4.507 Designation as highly significant endangered ("HSE")

1. 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 Section 4.502D; and
   2. It is determined by the city council to be threatened by deterioration, damage or irretrievable, irreplaceable loss due to neglect, disuse, disrepair, instability, lack of financial resources and/or impending demolition. The nomination for designation shall describe how the structure meets the pertinent criteria in Paragraph D of this section, the existing and proposed use of the structure, any planned stabilization and/or rehabilitation by the property owner, and the nature and degree of endangerment to the structure. A structure designated highly significant endangered shall be deemed to be a historically significant site in need of tax relief to encourage its preservation, in accordance with section 11.24 of the Texas Tax Code.
2. Eligibility for tax incentives.
   1. In order for property designated highly significant endangered to be eligible for tax incentives, all work shall be performed in accordance with the provisions of this chapter and applicable city codes and ordinances.  The Historic and Cultural Landmarks Commission and the city council shall review and approve applications for the tax incentive at the commencement of the project and upon satisfactory completion of the project.
   2. Property designated as highly significant endangered shall be eligible for rehabilitation incentives once every 20 years.
3. Exemption for Stabilization of Highly Significant Endangered Structure.
   1. Description of Incentives. A structure designated Highly Significant Endangered, which is stabilized 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 (“Stabilization Incentives”) for a period of years as hereinafter set forth:
      1. The owner of the structure shall be entitled to exemption from City ad valorem taxes of all of the assessed value of the structure, commencing in the tax year immediately following the year in which the work is completed.  The exemption under this paragraph terminates when an owner qualifies for Rehabilitation Incentives under Paragraph D. below, or after 10 years, whichever occurs later.  In the event that the owner substantially rehabilitates the structure, but does not seek approval of the Rehabilitation Incentives under Paragraph C., the exemption under this paragraph shall terminate on the same date that the Rehabilitation Incentives would have terminated if the owner had followed the procedures set out in Paragraph D. below.  Nothing in this Article relieves the owner from the responsibility to submit an application for the exemption each year to the appraisal district for the county in which the property is located pursuant to the terms of the Texas Tax Code. The Historic Preservation Officer shall assist the owner in filing for such exemption, at the request of the owner.
      2. The owner of the structure shall be entitled to recover a part or all of the cost of such work through a partial exemption from City ad valorem taxes of up to 50 percent of the value of the land necessary for access to and use of the structure for a period not to exceed five years. The exemption shall commence in the tax year immediately following the year in which the work is completed.  In the event that the tax savings arising from the partial exemption for such one-year period is less than the cost of such work, the partial exemption may be carried over from year to year, for a total period not to exceed five years.  The owner will not be eligible for a partial exemption for stabilization subsequent to rehabilitation of the property and receipt of the Rehabilitation Incentives under Paragraph 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.
   2. Stabilization. “Stabilization” of a structure designated as Highly Significant Endangered shall consist of exterior and interior improvements required to prevent further deterioration of the structure, as determined by the Building Official, but at a minimum shall include the following:
      1. The foundation shall be stable, have any defects that might affect the continued safety and life of the building corrected, and be made as level as reasonably possible;
      2. The roof shall be made water tight, replacing any defective material including wet or damaged insulation, shingles or wood elements;
      3. Correction of any defective enclosures, e.g. windows, doors and vents, that might allow for the entry of water, birds, rodents or vectors (bugs or animal capable of carrying a disease producing organism);
      4. Taking corrective action for the elimination of any infestation, e.g. termites, roaches, water bugs, mosquitoes, ticks, rodents, etc.; and
      5. Correcting any item that might be considered as a hazard to fire fighting efforts.  For this item, the Building Official may consult with the Fire Chief or his designee.
   3. Eligible Costs.  Eligible projects shall consist of work performed for the stabilization of the structure and may include exterior improvements and interior improvements to the frame, walls, floor, ceiling, plumbing, electrical wiring and mechanical items, such as heating and air conditioning systems.  Fixtures and decorative items shall not be eligible for consideration. Materials and labor for repairing, replacing or adding any of the following shall be eligible:
      1. Structural walls;
      2. Structural sub floors;
      3. Structural ceilings;
      4. Exterior doors;
      5. Exterior paint;
      6. Mechanical equipment;
      7. Windows;
      8. Exterior brick veneers or treatments;
      9. Plumbing;
      10. Electrical wiring;
      11. Roof and gutter where necessary for structural integrity;
      12. Facade items;
      13. Elevators;
      14. Foundations;
      15. Termite damage and treatment;
      16. Security and/or fire protection systems;
      17. Architectural and engineering services if directly related to the eligible costs described above; and
      18. Demolition and cleanup if directly related to the eligible costs described above.
   4. Ineligible Costs.  Ineligible costs include, but are not limited to, the following:
      1. Plumbing and electrical fixtures; provided, however, documented replacement of historic fixtures may be considered eligible;
      2. Overhead;
      3. Taxes;
      4. Supervisor payroll;
      5. Repairs of construction equipment;
      6. Tools; and
      7. Any other items not directly related to the exterior appearance or the structural integrity or viability of the building.
4. Tax incentives for rehabilitation of highly significant 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") for a period of years as hereinafter set forth:
      1. Exemption from city ad valorem taxes of all of the assessed value of the structure;
      2. 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 the greater of 30 percent of the assessed value of the structure prior to rehabilitation, or three thousand dollars ($3,000.00).
   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 this chapter. 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 chapter. 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. Application for incentives. An application for incentives shall be filed with the historic preservation officer in accordance with Section 4.508E.
   5. Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. 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. Failure to record such a document may result in the delay of receipt of incentives.
   6. 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.
5. Removal of highly significant endangered designation.
   1. The highly significant endangered designation may be removed for the following reasons:
      1. It is determined that the site or structure is no longer historically, culturally, architecturally or archaeologically significant under the criteria listed in section 4.502E;
      2. It is determined that the site or structure is no longer endangered; or
      3. It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.506.
   2. An applicant seeking removal of the highly significant endangered designation on the basis that the site or structure is no longer endangered shall simultaneously nominate such structure for designation as historic and cultural landmark. The application for removal of the highly significant endangered designation and the request for designation of such property as historic and cultural 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.

4.508 Designation as historic and cultural landmark ("HC")

1. 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 Section 4.502D. 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.
2.  Eligibility for tax incentives.
   1. Property designated as historic and cultural landmark or considered to contribute to a historic and cultural landmark district shall be eligible for tax incentives under the provisions of this section.
   2. In order for property designated historic and cultural landmark or considered to contribute to a historic and cultural landmark district to be eligible for tax incentives, all work shall be performed in accordance with the provisions of this chapter and applicable city codes and ordinances.  The Historic and Cultural Landmarks Commission and the city council shall review and approve applications for the tax incentive at the commencement of the project and upon satisfactory completion of the project.
   3. Property designated as historic and cultural landmark or considered to contribute to a historic and cultural landmark district shall be eligible for rehabilitation incentives once every 20 years.
3. Tax incentive for rehabilitation of a historic and cultural landmark.
   1. Description of Incentive. Any structure which is designated historic and cultural landmark or which is considered to contribute to an historic and cultural landmarks district and which is substantially rehabilitated in accordance with this chapter, and the land necessary for access to and use of the structure, shall be eligible for the following tax benefits (“Rehabilitation Incentives”) for a period of years as hereinafter set forth:
      1. A structure and land as described above 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 this section. 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.
      2. "Substantial rehabilitation" shall consist of rehabilitation at a cost which equals or exceeds the greatest of 30 percent of the assessed value of the structure prior to rehabilitation or three thousand dollars ($3,000.00).
      3. Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. 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. Failure to record such a document may result in the delay of receipt of incentives.
      4. 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.
4. Application submitted after the commencement of work for which a certificate of appropriateness is not required.
   1. The provisions of this paragraph shall apply only to work that meets the following conditions:
      1. the work is completed on a structure that is designated as a historic and cultural landmark or that is considered to contribute to a historic and cultural landmark district, including the land necessary for access to and use of said structure;
      2.  The work does not require a certificate of appropriateness; and
      3. An application for tax exemption is filed within five (5) years after the completion of the work.
   2. 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 chapter. The terms and requirements for the incentive shall be as described in this section.  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.
   3. Execution of commitment to repay. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. 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. Failure to record such a document may result in the delay of receipt of incentives.
   4. 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.
5. Application for 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 4.504. 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 property;
   2. Provide proof of title in the application to the property proposed for certification;
   3. Provide proof that taxes or other assessments are not delinquent on the property;
   4. Include a complete set of plans and/or documentation for the stabilization or rehabilitation, and verify compliance with established guidelines and city codes;
   5. Include a scope of work which includes a list of eligible costs;
   6. For rehabilitation projects, include a statement of costs reflecting that the costs equal or exceed the greater of 30 percent of the assessed value of the structure or three thousand dollars ($3000.00);
   7. Include a projection of the estimated construction time and predicted completion date;
   8. Authorize members of the Historic and Cultural Landmarks Commission and officers of the city to visit and inspect the property;
   9. 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;
   10. 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
   11. Contain sufficient documentation supporting the information submitted therein.
6. Consideration of application for tax incentives.
   1. Review by Historic and Cultural Landmarks Commission. Upon receipt of the 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 during the next regular hearing, 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 no less than once per fiscal quarter. The city council shall approve the application, subject to compliance with all certificates 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.
7. Expiration of application for tax incentives.
   1. An application for tax incentives shall expire after a period of 24 months from the date of review by the city council with a finding by the historic preservation officer that:
      1.  Work on the project has not commenced or has ceased substantial advancement;
      2. The applicant has failed to obtain the necessary permits for work
      3. Such permits for work have expired; or
      4. The project has been subject to outstanding citations for violations of applicable city codes or regulations.
   2. Where an applicant may provide evidence to contradict the findings for expiration, the historic preservation officer may recommend approval of the verification to the Historic and Cultural Landmarks Commission under the original application.
   3. Where an applicant is unable to provided such evidence a new application may be filed for tax incentives under the provisions of chapter and may be considered, where all requirements of section 4.508D have been met, for verification.
8. 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:
      1. Sworn statement of completion of the project;
      2. Copies of all receipts for cost of project;
      3. Documentation that all required inspections of the project have been performed by the development department;
      4. In the case of stabilization projects, proof that costs are eligible;
      5. In the case of rehabilitation projects, proof that the cost of the rehabilitation equals or exceeds the greatest of 30 percent of the assessed value of the structure prior to rehabilitation or three thousand dollars ($3,000.00). Such costs may be determined according to the value of the permits issued by the development department and/or proof of actual expenditures; and
      6. Proof that a certificate of occupancy has been issued, if applicable.
   2. Verification by Historic and Cultural Landmarks Commission. The Historic and Cultural Landmarks Commission, upon receipt of the sworn statement of completion, shall make an investigation of the property and shall verify whether the stabilization or rehabilitation project has been completed at the next regular hearing. 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:
      1. The applicant has submitted all information required under paragraph 1 above;
      2. Rehabilitation costs equal or exceed the required amount;
      3. The project has passed all required final inspections and has obtained a certificate of occupancy, if required; and
      4. All work has been performed in accordance with the certificate of appropriateness and the applicable guidelines and codes.
   3. Verification by City Council and notification of taxing authorities. No less than once per fiscal quarter, the City Council shall review and verify completion of projects for tax incentives. 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 considered to contribute to an historic and cultural landmarks district shall constitute a finding that the structure is a historically significant site in need of tax relief in accordance with section 11.24 of the Texas Tax Code.
      1. 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.
      2. 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.
      3. 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. Upon satisfactory completion of the rehabilitation project, the owner shall record with the deed a document provided by the historic preservation officer as a notice of the historic site tax exemption and commitment to repay taxes in the event of default. The purpose of this document shall be to provide information on the terms of the tax incentive and penalties for negligently or willfully destroying a property during the period of exemption. 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. Failure to record such a document may result in the delay of receipt of incentives.
9. 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 applicable 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 4.504. 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.
10. 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 applicable 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.
11. 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 considered to contribute to an historic and cultural landmarks district are transferable and run with the property.
12. 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:
       1. 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 4.502D; or
       2.  It is determined that such designation creates an unreasonable economic hardship upon the owner or owners in accordance with the provisions of section 4.506.
    2. The historic and cultural landmarks district designation may be removed only from a district as a whole. The designation shall not be removed from individual sites or structures located within a district.
    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.

4.509 Designation as demolition delay ("DD")

1. Designation. A structure may be designated demolition delay if it satisfies one or more of the following qualifications:
   1. Designated as a Recorded Texas Historic Landmark;
   2. Designated as a Texas State Archeological Landmark;
   3. Designated as an American Civil Engineering Landmark;
   4. Listed on the National Register of Historic Places; or
   5. It meets two or more of the criteria set out in Section 4.502D.
2. Designation of demolition delay property as highly significant endangered or historic and cultural landmark.
   1. Owners of structures designated demolition delay who have filed an application for a certificate of appropriateness for demolition are subject to a delay in issuance of the permit of up to 180 days after a public hearing by the Historic and Cultural Landmarks Commission. 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 over the objection of the owner.
   2. 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 over the objection of the owner. However, an area which includes such structure may be designated as an historic and cultural landmarks district.
3.  Removal of demolition delay designation.
   1. The demolition delay designation may be removed for the following reason
   2. It is determined that the site or structure no longer satisfies at least one of the criteria set out in section 4.502G;
   3. 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
   4. The site or structure is demolished in accordance with this section.
   5. 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.

4.510 Demolition by neglect

1. Prevention of demolition by neglect of exterior. No owner or person with an interest in real property which is designated by the City of Fort Worth as demolition delay, highly significant endangered or historic and cultural landmark or which is located in an historic and cultural landmarks district, whether occupied or not, shall permit the structure or property to fall into a serious state of disrepair or to remain in a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic and Cultural Landmarks Commission, produce a detrimental effect upon the character of the structure or property, or, if the structure or property is in an historic and cultural landmarks district, upon the district. Examples of such deterioration include:
   1. Deterioration of exterior walls or other vertical supports;
   2. Deterioration of roofs or other horizontal members;
   3. Deterioration of exterior chimneys;
   4. Deterioration or crumbling of exterior stucco or mortar;
   5. Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;
   6. Deterioration of any exterior feature so as to create a hazardous condition which could make demolition necessary for the public safety; or
   7. Deterioration or removal of any unique exterior architectural feature which would detract from the original architectural style.
2. Prevention of demolition by neglect of interior. No owner or person with an interest in property which is designated demolition delay, highly significant endangered or historic and cultural landmark, including a structure in an historic and cultural landmarks district, whether occupied or not, shall permit the interior portions of such structure or property to fall into a serious state of disrepair which, in the judgment of the Historic and Cultural Landmarks Commission, produces a detrimental effect upon the structural integrity of such structure or property which could make demolition necessary for the public safety.

4.511 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 historical 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. 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 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.
3. 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.

4.512 Appeal; penalties

1. Appeal to Appeals Board
   1. Any owner dissatisfied with any action of the Historic and Cultural Landmarks Commission, other than actions relating to designation, which shall be heard by the Historic and Cultural Landmarks Commission, the Zoning Commission and the City Council in accordance with Section 4.503, shall have the right to appeal to the  Appeals Board within ten days after receipt of notification of such action, by filing a written notice of such appeal with the City Secretary and the Historic Preservation Officer.  The written notice of appeal shall specify:
      1. That the decision of the commission is unreasonable, either in whole or in part; and
      2. The grounds for the appeal.
   2. The Appeals Board shall schedule a hearing on such appeal within 30 days after receipt of the notice of appeal, or as soon thereafter as is reasonably practicable.  Notice of such hearing shall be published by the City Secretary in the City’s official newspaper not less than the 15th day before the date of the hearing.  The Historic Preservation Officer shall forward to the Appeals Board a complete record of the matter being appealed, including a transcript of the tape of the hearing before the Historic and Cultural  Landmark Commission.  In considering an appeal, the Appeals Board shall:
      1. Hear and consider testimony and evidence concerning the previous recommendations and actions of the city staff and the landmark commission.
      2. Hear new testimony and consider new evidence that was not available at the time of the hearing before the Historic and Cultural Landmarks Commission;
      3. Give deference to the decision of the Historical and Cultural Landmarks Commission, considering the record made before the Historic and Cultural Landmarks Commission. The Appeals Board may uphold, reverse or modify the decision of the Historic and Cultural Landmarks Commission within 30 days of the appeal hearing unless a continuance is agreed to by the owner.
   3. A hearing before the Appeals Board shall exhaust the administrative remedies of the property owner under this title.
2. Fines. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this article shall be fined not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
3. Restrictions on future development. If a structure designated highly significant endangered, historic and cultural landmark or demolition delay or located within the boundaries of an historic and cultural landmarks district is demolished or relocated without a certificate of appropriateness, then the following restrictions shall be applicable to the site where the structure or property was formerly located:
   1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of three years after the date of such demolition or removal.
   2. No permits shall be issued by the city for any curb cuts on the site for a period of three years from and after the date of such demolition or removal.
   3. No parking lot for vehicles shall be operated on the site for a period of three years from and after the date of such demolition or removal.
   4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. When these restrictions become applicable to a particular site, the historic preservation officer shall cause to be filed a verified notice thereof in the real property records of the county where the site is located and such restrictions shall then be binding on future owners of the property. The restrictions imposed by this paragraph shall be in addition to any fines imposed pursuant to paragraph B above.
4. Cumulative remedies. The provisions of this section shall apply in addition to other enforcement procedures or penalties which are available at law or in equity, including, but not limited to, those available for adversely affecting historic structures or property under section 315.006 of the Texas Local Government Code and section 442.016 of the Texas Government Code.

Article 6. Residential District Use Table

4.600 Allowed Uses

The table on the following pages sets forth the uses permitted within the residential districts.

4.601 Key to Table Designations

1. Permitted Uses
   A “P” in a cell indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this Zoning Ordinance.  A “P*” in any cell means that supplemental use standards apply (See Chapter 5 ‘Supplemental Use Standards’).  The specific section number of the standard is noted in the right-hand column titled “Supplemental Standards”.
2. Special Exception Uses
   An “SE” in a cell indicates that a use is allowed only if reviewed and approved as a special exception use, in accordance with the review procedures of Chapter 3, Article 3. An “SE*” in any cell means that supplemental use standards apply (See Chapter 5 ‘Supplemental Use Standards’). The specific section number of the standard is noted in the right-hand column titled “Supplemental Standards”.
3. Uses Not Allowed
   An empty cell indicates that a use is not allowed in the respective zoning district.
4. Supplemental Use Standards
   The numbers contained in the right-hand column of the table are references to additional standards and requirements that may apply to the use listed. Standards referenced in this column apply only in zoning districts where the designation includes a “*”.
5. Use Also Included in Nonresidential District Use Table
   The “»” symbol in the second column from the right (titled “see ‘4.803 Nonresidential District Use Table’”) indicates this use can also be found in the Nonresidential District Use Table in Article 8.

4.602 Unlisted Uses

Additional uses have been interpreted as part of or similar to many of the uses listed in the table.  The full list of such uses is included in Appendix C, Use Index.  If a use is not listed, then the Board of Adjustment shall, upon the request of any interested party and pursuant to the procedures set forth in Chapter 3, Article 2, make a determination within which district, if any, a proposed use should be allowed.

USE TABLE KEY:

P = Permitted by right

SE = Only allowed following special exception review (see ‘3.300 Application Required’)

*= Supplemental standards apply; see right column

 ◊  =    May also be allowed following PD review

blank = Not permitted

» = Also in nonresidential districts, Section 4.803

4.603 Residential District Use Table