City of Fort Worth Highly Significant Endangered (HSE) Overlay District
The Highly Significant Endangered (HSE) overlay provides the most stringent level of protection for landmarks in the City of Fort Worth that meet at least three significance criteria and face an immediate threat of irretrievable loss. Property owners are strictly required to obtain a Certificate of Appropriateness (COA) for any exterior modifications, repairs, or demolition, and the unauthorized removal of an HSE-designated structure triggers a mandatory five-year moratorium on all new building permits for that site.
Purpose and Eligibility
The City of Fort Worth establishes the HSE overlay to protect and perpetuate landmarks or districts of historical, cultural, architectural, or archeological importance [Section 4.401(a)]. This designation is specifically reserved for resources that are "endangered," meaning they are threatened by deterioration, damage, or irretrievable loss due to neglect, disuse, or developmental pressures [Section 4.401(c)(3)a].
To be eligible for the HSE designation in the City of Fort Worth, an individual property must meet the following three requirements:
- Satisfy three or more of the City’s criteria for historical significance.
- Meet the necessary criteria for assessing the integrity of the site (location, design, setting, materials, etc.).
- Be demonstrably threatened by imminent destruction or decay [Section 4.401(c)(3)a].
The Certificate of Appropriateness (COA) Process
In the City of Fort Worth, any exterior work on a property designated with the HSE overlay requires a COA before work can commence. This includes construction, alteration, demolition, relocation, and repair [Section 4.401(d)(1)a].
Level of Review
The Historic Preservation Officer (HPO) or the Historic and Cultural Landmarks Commission (HCLC) reviews applications based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties [Section 4.401(d)(3)a].
| Action Type | Required Reviewing Body |
|---|---|
| Ordinary Maintenance/Repair | Historic Preservation Officer (HPO) |
| New Construction of Primary Structure | Historic and Cultural Landmarks Commission (HCLC) |
| Demolition or Relocation | Historic and Cultural Landmarks Commission (HCLC) |
| Waivers from Design Guidelines | Historic and Cultural Landmarks Commission (HCLC) |
Relocation and Construction Standards
If an HSE structure is relocated within the City of Fort Worth, the new location must be designated with an overlay equal to or better than the original designation. Furthermore, the owner must stabilize and substantially rehabilitate the relocated structure within nine months of the approval [Section 4.401(d)(6)].
Relationship to Base Zoning and Development Standards
The HSE overlay functions as a supplement to the primary underlying zoning district. While the base district determines the permitted uses, the HSE overlay's design standards prevail if they are more restrictive regarding the physical form of the development [Section 4.401(b)(6)].
| Standard | HSE Overlay Requirement |
|---|---|
| Prevailing Guidelines | HSE design standards and Secretary of the Interior’s Standards prevail over base district standards if more restrictive [Section 4.401(b)(6)]. |
| Setbacks/Height | If HSE guidelines require more historically appropriate setbacks or heights than the base district, the HSE standards must be followed [Section 4.401(b)(6)]. |
| Parking | HSE-designated buildings may be exempt from off-street parking requirements if the HPO determines them eligible [Section 6.200(d), 6.201(b)(3)]. |
| Signage | Signage must not project more than three feet from the building and is generally limited to 10% of the area of the facade to which it is attached [Section 6.408]. |
Demolition Restrictions and Hardship
Demolition of an HSE property is a last resort in the City of Fort Worth. The HCLC will only approve a demolition COA if the applicant proves one of the following:
- Loss of Significance: The property has undergone irreversible changes and no longer reveals its historical interest [Section 4.401(d)(3)b.1.i].
- Unreasonable Economic Hardship: The owner must provide extensive financial documentation (purchase price, appraisals, tax values, etc.) proving that the property cannot be adapted for any feasible use or earn a reasonable return [Section 4.401(e)].
Historic Site Tax Exemptions
Properties in the City of Fort Worth designated as HSE are eligible for a historic site tax exemption if they are "substantially treated" (rehabilitated) [Section 4.401(f)(4)].
- Base Term: 10 years.
- Extended Term: An additional 5 years (15 total) is available if substantial treatment is completed and verified within two years of the property being designated as HSE [Section 4.401(f)(6)].
Penalties for Unauthorized Actions
The City of Fort Worth imposes severe "Restrictions on Future Development" if an HSE property is demolished or relocated without an approved COA [Section 4.401(h)(2)].
| Restriction Type | Duration/Constraint |
|---|---|
| Building Permit Ban | No permits issued for 5 years (except to restore the original structure). |
| Curb Cut Ban | No permits for curb cuts issued for 3 years. |
| Parking Lot Ban | No parking lots for vehicles may be operated on the site for 3 years. |
| Maintenance Requirement | Owner must maintain the site in a clean state and maintain all existing trees. |
| Fines | Subject to standard City of Fort Worth code violation fines (up to $2,000 per day). |
Sections Cited
- Section 2.103 Historic and Cultural Landmarks Commission
- Section 4.401 Historic Preservation Ordinance - Historic Overlays
- Section 6.200 General Requirements (Parking)
- Section 6.201 Off-Street Parking Requirements
- Section 6.408 Regulations Governing On-Premise Attached Signs