Posted 19 April 2006 - 02:28 PM
Here are a few of the rules and regulations regarding Demolition Delay Designations:
D. General Criteria for Designation
The criteria to be applied in order to determine whether sites or structures qualify for designation as Highly Significant Endangered, Historic and Cultural Landmark, Historic and Cultural Landmarks District and Demolition Delay are as follows:
1. Is distinctive in character, interest or value; strongly exemplifies the cultural, economic, social, ethnic or historical heritage of the City of Fort Worth, State of Texas or the United States.
2. Is an important example of a particular architectural type or specimen in the City of Fort
Worth.
3. Has been identified as the work of an important architect or master builder whose individual work has contributed to the development of the City of Fort Worth.
4. Embodies elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation.
5. Bears an important and significant relationship to other distinctive structures, sites or areas, either as an important collection of properties of architectural style or craftsmanship with few intrusions, or by contributing to the overall character of the area according to a plan based on architectural, historic or cultural motif.
6. Possesses significant archeological value, which has produced or is likely to produce data affecting theories of historic or prehistoric interest.
7. Is the site of a significant historic event.
8. Is identified with a person or persons who significantly contributed to the culture and development of the City of Fort Worth, State of Texas or the United States.
9. Represents a resource, whether natural or man-made, which greatly contributes to the character or image of a defined neighborhood or community area.
10. Is designated as a Recorded Texas Historic Landmark or State Archeological Landmark, or is included on the National Register of Historic Places.
Here is some information about designation of Demolition Delay:
G. Designation as Demolition Delay (“DD”)
1. Designation. A structure may be designated Demolition Delay if it satisfies one or more
of the following qualifications:
a. Designated as a Recorded Texas Historic Landmark;
b. Designated as a Texas State Archeological Landmark;
c. Designated as an American Civil Engineering Landmark;
d. Listed on the National Register of Historic Places; or
e. 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.
a. 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.
b. Accordingly, if an owner of a structure designated Demolition Delay has filed an application for a Certificate of Appropriateness for demolition or if a demolition permit has been issued to an owner of such structure within the preceding three year period, such structure shall not be nominated for designation as Historic and Cultural Landmark or Highly Significant Endangered. However, an area which includes such structure may be designated as a Historic and Cultural Landmarks District.
Best definition in the Fort Worth Zoning Ordinance of Demolition Delay:
d. Delay of Demolition of Demolition Delay Property: The Historic and Cultural Landmarks Commission may not deny an application for a Certificate of Appropriateness for demolition of property designated or pending designation as Demolition Delay. However, the Certificate of Appropriateness may provide that issuance of a demolition permit may be delayed for up to 180 days after submission of the application in order to permit the Historic and Cultural Landmarks Commission, City staff, local preservation groups and other interested parties to explore alternatives to demolition or relocation with the owner and persons or entities who have executed a purchase contract or option contract for the purchase of the property, or their representatives. The delay period, which shall not exceed 180 days, shall commence on the date on which an application for a Certificate of Appropriateness is filed with the Historic Preservation Officer. In determining the length of any such delay, the Historic and Cultural Landmarks Commission shall consider whether delay of such Certificate of Appropriateness will cause unreasonable economic hardship to the owner. Notwithstanding any other provisions of this Section to the contrary, in no event shall issuance of a demolition permit for property designated or pending designation as Demolition Delay be delayed for more than 180 days after submission of an application for a Certificate of Appropriateness.
5. Consultation Concerning Alternatives During Delay Periods. During any period for which demolition has been delayed, the owner, all persons or entities who have executed a sales contract or option contract for purchase of the property and the developer, or their representatives, shall meet with the Historic and Cultural Landmarks Commission and City staff, in consultation with local preservation groups and interested parties, in order to explore any alternatives to demolition or relocation which may provide economically
viable uses for the structure or property. The burden shall be on the City to recommend a plan to alleviate the unreasonable economic hardship. City staff shall assist the Historic and Cultural Landmarks Commission and the owner by performing the studies required to develop a viable alternative plan. Such plan may include, but is not limited to, property tax relief, loans or grants from public or private resources, acquisition of the property by purchase or eminent domain, building code modifications, changes in applicable Zoning Ordinance provisions, including a transfer of development rights, or a variance from provisions of the Zoning Ordinance, to allow reasonable beneficial use of the structure or property. At the end of any delay period, if a suitable alternative plan acceptable to the owner has not been approved by the Historic and Cultural Landmarks Commission, the Historic and Cultural Landmarks Commission shall issue the Certificate
of Appropriateness for demolition or relocation.
The entire Historic Preservation section can be downloaded as a part of the Zoning Ordinance from the City of Fort Worth's web site.