Alteration.
A physical change in or to a building.
Architectural control.
Regulations governing the appearance or architectural style of buildings or structures.
Building.
A building, such as a retail or commercial structure, house, barn, church, hotel, jail, or similar construction, that is created to shelter any form of human activity. “Building” also may be used to refer to a historically and functionally related unit, such as a courthouse.
Case law.
The body of law developed through hearings and judgments of specific issues (cases) by courts of law.
Comprehensive historic preservation plan.
A document that integrates the various preservation activities and gives them coherence and direction, as well as relates the community’s preservation efforts to community development planning as a whole.
Comprehensive plan.
A document or series of documents prepared by a planning commission or department setting forth policies for the future of a community.
Design review.
The decision-making process conducted by an established review committee of a local government that is guided by the terms set in the historic preservation ordinance.
Design review guidelines.
A set of guidelines adopted by the commission and approved by the city council that details acceptable alterations of designated properties. They are usually generously illustrated and written in a manner that would be understood by most property owners.
District.
A district possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
Due process (of law).
A requirement that legal proceedings be carried out in accordance with established rules and principles.
Enabling legislation.
State legislation that grants certain authority to local governments so that they may direct the development of their communities. Chapter 211 [of the Local Government Code] is the legislation that enables municipalities in the state to designate historic landmarks and districts as part of the comprehensive plan.
General law cities.
Incorporated municipalities with populations under 5,000. These cities must conform to the general laws of the state.
Historic property.
A district, site, building, structure, or object significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level.
Historic resource.
This generally is the same as a historic property. It includes architectural, historical, and archeological properties as well as landscape features.
Home rule cities.
Incorporated municipalities with populations over 5,000. These cities must adopt a home rule charter and are granted more independence in their local decision-making.
Integrity.
The authenticity of a property’s historic identity, evidenced by survival of physical characteristics that existed during the property’s historic or prehistoric period.
Intensive survey.
A systematic detailed examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance.
Inventory.
A list of historic properties that have been identified and evaluated as meeting specified criteria of significance.
Landmark.
Any individual building, structure, or object that is significant for historical, architectural, or archeological reasons.
Object.
The term “object” is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, such as statuary in a designed landscape.
Ordinary maintenance.
Generally refers to activities relating to a property that would be considered ordinary or common for maintaining the property, such as the replacement of a porch floor with identical or in-kind materials. It also may include other activities such as painting.
Police power.
The authority of government to exercise controls to protect the public’s health, safety, morals, and general welfare.
Preservation.
The act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.
Preservation planning.
The planning for the continued identification and evaluation of historic properties and for their protection and enhancement.
Rehabilitation.
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, and cultural values.
Restoration.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
Site.
The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure.
Special district.
A district established to accommodate a narrow or special set of uses or for special purposes. The term can signify any district beyond the conventional residential, commercial, industrial, and agricultural districts. Examples include open space districts, hotel/motel districts, or historic preservation districts.
Statutory law.
The body of law established through statutes initiated and adopted by elected officials participating in our legislative and executive branches of government.
Structure.
The term “structure” is used to distinguish from buildings those functional constructions made usually for purposes other than creating shelter.
Taking.
The appropriation by government of private land for which compensation must be paid. Under the U.S. Constitution, property cannot be condemned through eminent domain for public use or public purpose without just compensation.
(Ordinance adopted 12/13/05, app. A)
Failure to comply with any of the provisions of this article shall be deemed a violation and the violator shall be liable for a misdemeanor charge and be subject to a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each day the violation continues. Each day shall be considered a new violation.
(Ordinance adopted 12/13/05, sec. 15)
The city council hereby declares that as a matter of public policy the protection, enhancement, and perpetuation of landmarks and districts of historical and cultural importance and significance are necessary to promote the economic, cultural, educational, and general welfare of the public. It is recognized that the historic district represents the unique confluence of time and place that have shaped the identity of generations of citizens, collectively and individually, and produced significant historic, architectural, and cultural resources that constitute a part of their heritage. This act is intended to:
(1) 
Protect and enhance the landmarks and districts which represent distinctive elements of the city’s historic, architectural, and cultural heritage;
(2) 
Foster civic pride in the accomplishments of the past;
(3) 
Protect and enhance the city’s attractiveness to visitors and the support and stimulus to the economy thereby provided;
(4) 
Insure the harmonious, orderly, and efficient growth and development of the city;
(5) 
Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such property within the city;
(6) 
Encourage stabilization, restoration, and improvements of such properties and their values.
(Ordinance adopted 12/13/05, sec. 1)
(a) 
Created.
There is hereby created a commission to be known as the Fairfield Preservation Commission (FPC).
(b) 
Composition; appointment of members.
The commission shall consist of six (6) members to be appointed, to the extent available, among the residents of the community, by the city council.
(c) 
Qualifications of members.
All commission members, regardless of background, shall have a known and demonstrated interest, competence, or knowledge in historic preservation within the city.
(d) 
Term.
Commission members shall serve for a term of three (3) years, with the exception that the initial term of two (2) members shall be one (1) year, and two (2) members shall be two years, and two (2) members shall be three years.
(e) 
Officers.
The vice-chairman and secretary of the commission shall be elected by and from the members of the commission. The historic preservation officer shall function as the chairman of the board and the seventh (7th) member of the commission.
(f) 
Limitation on years of service.
No commission member may serve more than a total of nine (9) years of total service whether in consecutive terms or otherwise.
(g) 
Residency of members.
Members of the commission can reside outside of the city limits.
(h) 
Powers and duties.
The commission shall be empowered to:
(1) 
Make recommendations for employment of staff and professional consultants as necessary to carry out the duties of the commission to the city council.
(2) 
Prepare rules and procedures as necessary to carry out the business of the commission, which shall be ratified by the city council before becoming effective.
(3) 
Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which shall be ratified by the city council. (Note: The initial historic district shall be the areas set out on the plat attached to the ordinance codified in this article, which forms a part hereof for all purposes and is currently the Main Street district of the city.)
(4) 
Conduct surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the city.
(5) 
Create committees from among its membership and delegate to these committees responsibilities to carry out the purposes of this article.
(6) 
Maintain written minutes which record all actions taken by the commission and the reasons for taking such actions.
(7) 
Recommend conferral of recognition upon the owners of landmarks or properties within districts by means of certificates, plaques, or markers.
(8) 
Increase public awareness of the value of historic, cultural, and architectural preservation by developing and participating in public education programs.
(9) 
Make recommendations to the city council concerning the utilization of state, federal, or private funds to promote the preservation of landmarks and historic districts within the city.
(10) 
Approve or disapprove of applications for certificates of appropriateness pursuant to this act.
(11) 
Prepare and submit annually to the mayor and city council a report summarizing the work completed during the previous year.
(12) 
Prepare specific design guidelines for review of landmarks and districts to submit to the city council for final approval.
(13) 
Recommend the acquisition of a landmark structure by the city council where its preservation is essential to the purpose of this act and where private preservation is not feasible.
(14) 
Propose tax abatement program(s) for landmarks or districts.
(15) 
Accept on behalf of the city the donation of preservation easements and development rights as well as any other gift of value for the purpose of historic preservation, subject to the approval of the city council, with all funds and donations becoming the property of the city and to be used for the accepted purpose only.
(i) 
Meetings.
The commission shall meet at least monthly, if business is at hand. Special meetings may be called at any time by the chairman or on the written request of any three commission members. All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Civil Statutes.
(j) 
Quorum.
A quorum for the transaction of business shall consist of not less than a majority of the full authorized membership.
(Ordinance adopted 12/13/05, sec. 2)
(a) 
The council of the city shall appoint an individual to serve as the historic preservation officer. This officer shall administer this article and advise the commission on matters submitted to it. This officer may be a member of the city council or another city employee, but is not required to be so.
(b) 
In addition to serving as a representative of the commission, the officer is responsible for coordinating the city’s preservation activities with those of other city employees as well as other state and federal agencies and with local, state, and national nonprofit preservation organizations.
(Ordinance adopted 12/13/05, sec. 3)
(a) 
These provisions pertaining to the designation of historic landmarks constitute a part of the comprehensive plan of the city.
(b) 
Property owners of proposed historic landmarks shall be notified prior to the commission hearing on the recommended designation. At the commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.
(c) 
Upon recommendation of the commission, the proposed historic landmark shall be submitted to the city council within thirty (30) days from the date of submittal of the designation request. The city council shall give notice and conduct its hearing on the proposed designation within forty-five (45) days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in public hearings of the city. The city council shall make its decisions within forty-five (45) days subsequent to the hearing on the proposed property designation.
(d) 
Upon designation of a (building, object, site, structure) as a historic landmark or district, the city council shall cause the designation to be recorded in the official public records of real property of the county and the tax records of the city, and with the county appraisal district, as well as in any other official maps of the city. All maps should indicate the designated landmarks with an appropriate mark.
(e) 
The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general ordinances of the city.
(Ordinance adopted 12/13/05, sec. 4)
(a) 
These provisions pertaining to the designation of historic districts constitute a part of the comprehensive plan of the city.
(b) 
Property owners within a proposed historic district shall be notified prior to the commission hearing on the recommended designation. At the commission’s public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic district.
(c) 
The commission may recommend the designation of a district if it contains properties and an environmental setting which meet one or more of the criteria for designation of a landmark.
(d) 
Upon recommendation of the commission, the proposed historic district shall be submitted to the city council within thirty (30) days from the date of submittal of the designation request. The city council shall give notice and conduct its hearing on the proposed designation within forty-five (45) days of receipt of such recommendation from the commission. Such hearing shall be in the same manner and according to the same procedures as specifically provided in the general ordinances of the city. The city council shall make its decisions within forty-five (45) days subsequent to the hearing on the proposed designation.
(e) 
The city council shall give notice, follow the publication procedure, hold hearings, and make its determination in the same manner as provided in the general ordinances of the city.
(f) 
Upon designation of a historic district, the city council shall cause the designated boundaries to be recorded in the official public records of real property of the county and the tax records of the city and with the county appraisal district, as well as on any other official maps of the city. All maps should indicate the designated historic district by an appropriate mark.
(Ordinance adopted 12/13/05, sec. 5)
A historic landmark or district may be designated if it:
(1) 
Possesses significance in history, architecture, archeology, or culture;
(2) 
Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history;
(3) 
Is associated with events that have made a significant impact in our past;
(4) 
Embodies the distinctive characteristics of a type, period, or method of construction;
(5) 
Represents the work of a master designer, builder, or craftsman; or
(6) 
Represents an established and familiar visual feature of the neighborhood or city.
(Ordinance adopted 12/13/05, sec. 6)
No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation relative to any historic landmark or any property within a historic district, nor shall any person make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any historic landmark or any property within a historic district, without first obtaining a certificate of appropriateness from the commission.
(Ordinance adopted 12/13/05, sec. 7)
In considering an application for a certificate of appropriateness, the commission shall be guided by any adopted design guidelines, and, where applicable, the following standards from the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings which have been approved by the commission and city council. Any adopted design guidelines and the Secretary of the Interior’s standards which have been adopted by the commission and city council for use on landmarks and historic districts located in the city shall be made available to the property owners of historic landmarks or who own property within historic districts.
(1) 
Every reasonable effort shall be made to adapt the property in a manner which requires minimal alteration of the building, structure, object, or site and its environment;
(2) 
The distinguishing original qualities or character of a building, structure, object, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible;
(3) 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected as much as possible;
(4) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object, or site shall be kept where possible;
(5) 
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should reflect the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;
(6) 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Unapproved sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken;
(7) 
Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project;
(8) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment;
(9) 
Whenever possible, new additions or alterations to buildings, structures, objects, or sites shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the building, structure, object, or site would be unimpaired.
(Ordinance adopted 12/13/05, sec. 8)
(a) 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the commission. The application shall contain:
(1) 
Name, address, and telephone number of the applicant, and detailed description of proposed work, and have attached any available renderings or photos of proposed work.
(2) 
A location and photograph of the property and adjacent properties. (Note: Historical photographs may be requested as well.)
(3) 
Elevation drawings of the proposed changes, if available.
(4) 
Samples of materials to be used.
(5) 
If the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination (if any), and a plan showing the sign’s location on the property.
(6) 
Any other information which the commission may deem necessary in order to visualize the proposed work.
(b) 
No building permit shall be issued for such proposed work by the city until a certificate of appropriateness has first been issued by the commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the city.
(c) 
The commission shall review the application at a regularly scheduled meeting within thirty (30) days from the date the application is received, at which time an opportunity will be provided for the permit application to be heard. The commission shall approve, respond, deny, or approve with modifications the permit application within forty-five (45) days after the review meeting. In the event the commission does not act or make a decision within ninety (90) days of the receipt of the application, a permit is automatically granted. (Note: The commission’s decision is limited to those decisions stated by ordinance, i.e., approve, deny, or approve with modifications. Suspension of action for a specified period of time can also be decided in lieu of or in addition to the foregoing decision options.)
(d) 
All decisions of the commission shall be in writing. The commission’s decision shall state its findings pertaining to the approval, denial, or modification of the application. A copy shall be sent to the applicant. Additional copies shall be filed as part of the public record on that property and dispersed to appropriate departments, including the fire marshal, city building inspector, Main Street director, parks director, city secretary, city administrator, etc.
(e) 
An applicant for a certificate of appropriateness dissatisfied with the action of the commission relating to the issuance or denial of a certificate of appropriateness shall have the right to appeal to the city council within thirty (30) days after receipt of notification of such action. The city council shall give notice, follow publication procedure, hold hearings, and make its final decision.
(Ordinance adopted 12/13/05, sec. 9)
A permit for the demolition of a historic landmark or property within a historic district, including secondary buildings and landscape features, shall not be granted by the (building inspector or other city official) without the approval of a completed application for a certificate of appropriateness by the commission, as provided for in sections 1.07.009, 1.07.010 and 1.07.011 of this article.
(Ordinance adopted 12/13/05, sec. 10)
(a) 
After receiving written notification from the commission of the denial of a certificate of appropriateness, an applicant may commence a hardship process. No building permit or demolition permit shall be issued after a written notification is received by an applicant unless and until the commission makes a finding that hardship exists.
(b) 
When a claim of economic hardship is made due to the effect of this article, the owner must prove that:
(1) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(2) 
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(3) 
Efforts to find a purchaser interested in acquiring the property and preserving the landmark have failed.
(c) 
The applicant shall consult in good faith with the commission, any other known local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be shown to the commission.
(d) 
The commission shall hold a public hearing on the application within sixty (60) days from the date the hardship application is received by the preservation officer or the commission. Following the hearing, the commission has thirty (30) days in which to prepare a written recommendation to the city council. In the event that the commission does not act within ninety (90) days of the receipt of the application, a permit will automatically be granted.
(e) 
All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the fire marshal’s and building inspector’s offices, the Main Street and parks directors’ offices, and the city administrator’s office, and with the city secretary’s office for public inspection. The commission’s decision shall state the reasons for granting or denying the hardship application.
(f) 
An applicant for a hardship certificate of appropriateness dissatisfied with the action of the commission relating to the issuance or denial of a hardship certificate of appropriateness shall have the right to appeal to the city council within thirty (30) days after receipt of notification of such action. The city council shall give notice, follow publication procedure, hold hearings, and make its final hardship decision.
(Ordinance adopted 12/13/05, sec. 11)
All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the historic preservation officer to inspect periodically any such work to assure compliance. In the event work is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the commission and verification by the historic preservation officer, the historic preservation officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work [order] is in effect.
(Ordinance adopted 12/13/05, sec. 12)
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.
(Ordinance adopted 12/13/05, sec. 13)
(a) 
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.
(b) 
Examples of such deterioration include:
(1) 
Deterioration of exterior walls or other vertical supports;
(2) 
Deterioration of roof or other horizontal members;
(3) 
Deterioration of exterior chimneys;
(4) 
Deterioration or crumbling of exterior stucco or mortar;
(5) 
Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows, canopies, or doors;
(6) 
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
(Ordinance adopted 12/13/05, sec. 14)