Guide to the DD: Demolition Delay Overlay in the City of Fort Worth
The DD: Demolition delay overlay in the City of Fort Worth serves as a supplemental layer to base zoning, specifically requiring a Certificate of Appropriateness for the demolition or relocation of protected structures. While permitted uses are determined by the underlying base district, the Historic and Cultural Landmarks Commission may impose a stay on demolition or relocation permits for up to 180 calendar days to investigate preservation alternatives.
Nature and Purpose of the DD Overlay
The DD: Demolition delay overlay is established by the City of Fort Worth as one of three specific categories of historic protection [Section 4.401(c)(1)]. It is intended to identify and protect landmarks or districts of historical, cultural, architectural, or archeological significance [Section 4.401(a)].
Unlike more restrictive designations, the DD: Demolition delay overlay primarily functions as a procedural safeguard. It allows the City of Fort Worth and interested stakeholders a window of time to explore preservation strategies, such as relocation or finding a new buyer, before a significant structure is permanently removed from the landscape [Section 4.401(d)(3)b.1.ii].
Relationship to Base Zoning Districts
The DD: Demolition delay overlay is a supplemental designation. This means the underlying base zoning district continues to govern many aspects of the property [Section 4.401(c)(6)a].
| Standard Type | Modification by DD: Demolition Delay Overlay |
|---|---|
| Permitted Uses | Determined and controlled by the base zoning district [Section 4.401(c)(6)a]. |
| Setbacks & Height | Generally follows the base zoning district standards, as the overlay focuses on demolition/relocation rather than new construction design [Section 4.401(d)(1)b]. |
| Exterior Repairs | Does not require a Certificate of Appropriateness for general construction or repair work [Section 4.401(d)(1)b]. |
| Demolition | Requires a Certificate of Appropriateness and is subject to a mandatory delay period [Section 4.401(d)(1)b]. |
| Relocation | Requires a Certificate of Appropriateness and is subject to a mandatory delay period [Section 4.401(d)(1)b]. |
Procedural Modifications and the Delay Mechanism
The primary way the DD: Demolition delay overlay modifies the standard development process in the City of Fort Worth is through the Certificate of Appropriateness (COA) requirement.
Mandatory Review
Any property in the City of Fort Worth designated with the DD: Demolition delay overlay must obtain a COA from the Historic and Cultural Landmarks Commission (HCLC) or the Historic Preservation Officer (HPO) prior to the commencement of any demolition or relocation work [Section 4.401(d)(1)b].
The 180-Day Stay
When an applicant (other than the City of Fort Worth) requests a COA to demolish or relocate a structure within the DD: Demolition delay overlay, the HCLC cannot flatly deny the request if the criteria are met, but it is empowered to delay the action. The HCLC may delay the issuance of the permit for up to 180 calendar days from the date of the original hearing [Section 4.401(d)(3)b.1.ii].
Documentation Requirements
As a condition of the eventual issuance of a permit for demolition or relocation, the City of Fort Worth requires the property owner to document the structure. This must be done in accordance with the Historic American Buildings Survey (HABS) Documentation Standards [Section 4.401(d)(5)b].
Removal or Change of Designation
The DD: Demolition delay overlay designation may be modified or removed by the City of Fort Worth under specific circumstances:
- Upgrade in Protection: A DD: Demolition delay overlay designation can be changed to an HC (Historic and Cultural Landmark) or HSE (Highly Significant Endangered) designation if the property meets the higher standards for those categories [Section 4.401(c)(4)a.2].
- Loss of Integrity: The designation may be removed if the property no longer conforms to the criteria for significance and integrity [Section 4.401(c)(4)a.1].
- Demolition: If the structure is legally demolished, the DD: Demolition delay overlay must be removed from the property [Section 4.401(c)(4)a.2].
Sections Cited
- Section 4.401: Historic Preservation Ordinance - Historic Overlays
- Section 4.1309: Stockyards ("SY") District
- Section 9.101: Defined Terms