[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Architectural details shall mean the small details like moldings, carved woodwork, etc. that add character to a building.

Alteration shall mean any act or process that changes one of more historic, architectural, or physical features of an area, site, place, and/or structure including, but not limited to the erection, construction, reconstruction or removal of any structure.

Applicant means a person seeking a designation or authorization under this chapter or the person's designated and duly authorized agent or representative. This term may include the property owner, occupant of the site, the historic preservation commission ("HPC") or city council.

Appurtenant features means the features that define the design of a building or property including but not limited to porches, railings; columns, shutters, steps, fences, attic vents, sidewalks, driveways, garages, carports, outbuildings, gazebos, and arbors.

Archeological property/site means any locale where there is physical evidence of past human activity that is either prehistoric or historic in age.

Building shall refer to a dwelling, such as a house, barn, church, hotel, or similar structure created to shelter any form of human activity. The term may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. The term also includes mobile homes, manufactured homes, and industrial housing.

Certificate of appropriateness shall mean a permit or order obtained from the City of Farmersville indicating approval of plans for alteration, construction, or removal affecting a designated landmark or property within a designated district.

Certified local government means a local government that has been certified or approved by the state historic preservation office (SHPO), which has an appointed commission to oversee the survey and inventory of historic resources, to review areas for historically significant structures, and to develop and maintain community planning and education programs.

Contributing building shall mean a historic building that is at least 70 years old or older that retains the physical characteristics that existed during its period of significance. The building's physical integrity is determined by reviewing the following seven aspects: location, setting, design, construction, workmanship, and/or association with historical persons or events.

Design guidelines shall mean guidelines of appropriateness or compatibility of building design within a community or historic district. Often in the form of a handbook, design guidelines contain drawings accompanying "do's and don'ts" for a property owner. The historic preservation commission has authority to administer design guidelines.

Design review shall refer to the decision-making process conducted by the historic preservation commission or an appointed historic preservation officer that is guided by reviewing and comparing the classic or traditional design style and guidelines applicable to the architectural style of a historic structure against the designs and alterations proposed in a building owner's application for a certificate of appropriateness.

Demolition by neglect shall mean allowing a building to fall into such a state of disrepair that it becomes necessary or desirable to demolish it.

Downtown Historic District is the Farmersville Commercial District as listed in the Nation Register of Historic Places by the U.S. Department of Interior, Reference Number 100000670 as of February 21, 2017.

Exterior architectural feature shall mean but not be limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to the view from a public way.

Façade shall mean every face, side, and angle of the entire building that is visible from a public right-of-way including the parapet, whether front, sides, or rear facade.

Historic designations means an official recognition of the significance of a building, property or district. Designation can occur on three different levels:

Federal — The National Register of Historic Places (for both individual buildings and entire districts);

State — Recorded Texas Historic landmarks (only for individual buildings) and State Archeological Landmarks; or

County — A National Register of Historical Places - Collin County Texas, historical properties, historic district, lodging, shopping and restaurant renovation opportunities.

Local — Designated under a municipal historic ordinance either individually as a landmark or as a locally designated district.

Historic districts, designated by the suffix "HD,'' shall mean any neighborhood or region designated by the city council as being a part of the Historic Preservation Overlay Zoning District.

Historic landmarks, designated by the suffix "HL,'' shall mean a building, structure object or site designated by city council as a historic landmark.

Historic preservation means the protection, reconstruction, rehabilitation, repair and restoration of places and structures of historic, architectural, or archeological significance.

Historic preservation commission (HPC) shall mean the five-member board established under this article and appointed by city council.

Historic preservation easement means a voluntary legal agreement, typically in the form of a deed, which permanently protects a significant historic property. A historic preservation easement is a perpetual easement through which the owner granting the easement is assured that the property's historic character will be preserved. In addition, an owner who donates a historic preservation easement may be eligible for one or more forms of federal tax benefits.

Historic rehabilitation shall mean the 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 and features of the property which are significant to its historic, architectural, and cultural values.

Historic resource shall mean any building, structure, object or site that is 50 years or older or any resource that has been identified as a high or medium priority because of its unique history or architectural characteristics.

Historic resources survey means a systematic, detailed examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance.

Integrity means the authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period.

Inventory means a list of historic properties that have been identified and evaluated as meeting specified criteria of significance.

Local historic district means a geographically and locally defined area that possesses a significant concentration, linkage, or continuity of buildings, objects, sites, structures, or landscapes united by past events, periods, or styles of architecture, and that, by reason of such factors, constitute a distinct section of the city. Historic sites within a local district need not be contiguous for an area to constitute a district. All sites, buildings, and structures within a local historic district, whether individually contributing or not are subject to the regulations of the district.

Local historic landmark means any site, building, structure, or landscape of historic significance that receives designation by the city pursuant to this chapter.

Minor alteration shall mean the installation or alteration to awnings, fences, gutters, downspouts, and incandescent lighting fixtures; restoration of original architectural features that constitute a change from the existing condition; alterations to signs; and additions and changes not visible from any street to the rear of the main structure or to an accessory structure.

National Register of Historic Places shall mean the nation's official list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission.

Object means a physical item associated with a specific setting or environment that is movable by nature or design, such as statuary in a designed landscape. 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.

Order of demolition shall mean an order issued by the historic preservation commission indicating approval of plans for demolition of a designated landmark or property within a designated district.

Ordinary maintenance shall mean repair of any exterior or architectural feature of a landmark or property within a historic district which does not involve a change to the architectural or historic value, style or general design. In-kind replacement or repair is included in this definition of ordinary maintenance.

Overlay district shall mean zoning, applied over one or more other districts, creates a second, mapped zone that is superimposed over the conventional zoning districts. Overlay districts typically provide for a higher level of regulations in certain areas such as transit station areas, downtown areas, and historic districts, but may also be used to permit exceptions or less restrictive standards (fewer parking spaces in a downtown or transit station area, or more density in an economic development area).

Owner shall mean the individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a lessor or lessee if responsible for payment of ad valorem taxes.

Preservation shall mean the stabilization of an historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. (Protection and stabilization have now been consolidated under this treatment.)

Preservation easement means a voluntary legal agreement that permanently protects the historic character of a historic property. Under the terms of a typical preservation easement, a property owner places restrictions on the development of, or changes to, the property and transfers these restrictions to a qualified organization whose mission includes environmental protection, land conservation, open space preservation, or historic preservation. The organization to which the preservation easement is conveyed must have the resources to manage and enforce the restrictions provided for in the easement and have a commitment to do so. Once recorded, the easement restrictions become part of the property's chain of title and "run with the land" in perpetuity, thus binding not only the owner who grants the easement but all future owners as well. Preservation easements may also be referred to as "deed restrictions," "covenants," or "equitable servitudes."

Preservationist shall mean someone with experience, education or training in the field of preservation.

Reconstruction shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building as it appeared at a specific period of time. A technique used earlier in the 20th century; reconstruction is rarely used today because of the preference to use limited financial resources to preserve existing historic buildings.

Recorded Texas Historical Landmark shall mean a state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric. They must be at least 50 years of age and retain their original exterior appearance. State historical landmarks receive greater legal protection than National Register of Historic Places designations.

Rehabilitation means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values.

Restoration shall mean returning a property to a state indicative of a particular period of time in its history, while removing evidence of other periods.

Secretary of the Interior Standards for Rehabilitation shall mean the standards established by the Secretary of the Interior for advising federal agencies on the preservation/rehabilitation of historic properties listed or eligible for listing on the National Register of Historic Places.

Site means 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.

Stabilization proposal is a document that provides the historic preservation commission and officer a step-by-step plan to mitigate the need to demolish a building by explaining work to be done to stabilize said building. This proposal shall include the name of the contractor, a timeline, and work to be done.

State archeological landmark shall mean a designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner's permission. Although called "archeological" landmarks, this designation can include buildings as well as archeological sites. For a building to be designated as a state archeological landmark, it must first be listed on the National Register of Historic Places. Damage to a state archeological landmark is subject to criminal, not civil, penalties.

State historic preservation office (SHPO) shall mean the state office responsible for administering federal historic preservation programs as defined in the National Historic Preservation Act of 1966 as amended and subsequent legislation. The Executive Director of the Texas Historical Commission serves as SHPO for the State of Texas.

Structure is a term used to distinguish specific types of functional constructions from buildings that are usually made for purposes other than creating shelter.

Zoning means a police power measure, enacted by a municipality, including the city, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

Appointment and reappointment. There is hereby created a commission to be known as the historic preservation commission, which commission is sometimes referred to herein as the "HPC." The historic preservation commission shall consist of five members appointed by majority vote of the city council identified as places one through five. The initial members shall serve as follows: one member (place one) shall be appointed to serve for one year, or until their successor is appointed; and two members (places two and three) shall be appointed to serve for two years, or until their successors are appointed; and two members (places four and five) shall be appointed to serve for three years, or until their successors are appointed. Thereafter, each member appointed or reappointed shall serve a term not to exceed three-years until the member resigns or is removed as herein provided. All members may serve a maximum of two consecutive terms three-year terms. After serving two consecutive three-year terms, a member will not be eligible for re-appointment to the commission for a period of one term (three years).

(b)

Commission members. All members of the commission shall be residents of the city. To the extent available among the residents of the city, the commission should consist of the following:

(1)

A majority of its members (three) should own contributing buildings in the historic downtown area;

(2)

At least one member should be a business owner operating in a contributing building in the historic downtown area;

(3)

At least one member should be an architect, planner, or representative of a design profession; and

(4)

One member should be a member of the City of Farmersville Historic Society.

Regardless of background, each member of the HPC should have a known and demonstrated interest, competence, or knowledge in historic preservation within the City of Farmersville, Texas.

(c)

Removal. Members of the historic preservation commission serve at the will and pleasure of the city council. Any member may be removed before their terms of office expire.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

The purpose and object of the historic preservation commission is to act as an advisory board to the city council regarding historic preservation and as the city council may deem beneficial to the city. In this regard the historic preservation commission may, subject to the final authority of the city council:

(1)

Prepare rules and procedures as necessary to carry out the business of the commission, which rules and procedures must be approved by the city council;

(2)

Maintain written minutes that record all action taken by the commission and the reasons for taking such actions;

(3)

Adopt criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which criteria must be approved by the city council;

(4)

Approve or deny applications for certificates of appropriateness pursuant to this article;

(5)

Conduct historic property surveys and maintain an inventory of significant historic, architectural, and cultural landmarks and all properties located in the historic preservation overlay district within the city;

(6)

Recommend following receipt of a request and public hearing and notice, as required by law, the designation of resources as historic landmarks and historic districts to the planning and zoning commission and/or city council;

(7)

Recommend to city council conferral of recognition upon the owners of historic landmarks and/or properties within historic 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 utilization of state, federal or private funds to promote the preservation of historic landmarks and historic districts within the city;

(10)

Prepare specific design guidelines for the review of historic landmarks and districts; and

(11)

Notify property owners of conditions which may place a historic landmark at risk or jeopardize the historic integrity of the historic district or historic landmark.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

The historic preservation commission shall meet at least monthly if business is at hand.

(b)

Special meetings may be called at any time by the chairman or on the written request of any two commission members or on the written request of the city manager.

(c)

All meetings shall be held in conformance with the Texas Open Meetings Act, Texas Gov't. Code Chapter 551.

(d)

A quorum for the transaction of business shall consist of not less than three members of the commission.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

The historic preservation commission is hereby generally empowered, subject to any restrictions imposed by the Farmersville Code and state or federal law, to:

(1)

Make recommendations to the city council regarding any need for staffing and professional consultants to carry out the duties of the HPC.

(2)

Adopt parliamentary rules and procedures necessary to carry out the business of the HPC, which rules and procedures shall be subject to approval by the city council.

(3)

Review and make recommendations to the planning and zoning commission and city council regarding the designation of historic landmarks and the delineation of historic districts.

(4)

Recommend and subject to city council consent confer recognition upon the owners of historic landmarks or properties within historic districts by means of certificates, plaques, or markers.

(5)

Review and recommend to the planning and zoning commission and the city council (and any other impacted city boards and commissions) all proposed changes to the zoning ordinance, building code, general plan or other adopted policies of the city that may affect the purpose of the article.

(6)

Conduct public hearings and provide comment regarding buildings, objects, sites, structures, and districts for nomination to the National Register of Historic Places to the Texas Historic Commission. Such recommendations shall be guided by the criteria established in the National Historic Preservation Act of 1966, as amended.

(7)

Implement and maintain a system of survey or inventory of significant historic, architectural, and cultural landmarks and all properties located within the Historic Preservation Overlay Zoning District and any other historic districts located in the city. Such information shall be maintained securely, made accessible to the public and should be updated at least one time every ten years.

(8)

Monitor and report to the Texas Historical Commission all actions affecting any recorded Texas Historic Landmark, state archaeological landmark, national register property and any locally designated landmark, as deemed necessary.

(9)

Create subcommittees from among its membership and delegate to those subcommittees such responsibilities as may facilitate the commission's efforts to carry out the purposes of this article in a more efficient manner.

(10)

Maintain written meeting minutes, which are recorded by city staff, reflecting all matters considered by and actions taken by the HPC and the reasons supporting the HPC's actions.

(11)

Develop, prepare, and adopt specific design guidelines that must be approved by the city council, for use in the review of all certificates of appropriateness applications.

(12)

Prepare and submit annually to the city council a report summarizing the goals and objectives and work completed during the previous year by the HPC and any recommended budgetary items.

(13)

Make recommendations to the city council concerning the utilization of state, federal, or private funds to promote the preservation of historic landmarks and historic districts within the city.

(14)

Recommend to city council the acquisition of endangered historic landmarks by demolition where the preservation thereof is essential to the purpose of this article and where private preservation is not feasible.

(15)

Propose incentive program(s) to city council for local property owners of historic landmarks or within local historic districts.

(16)

Recommend to the city council whether donations of preservation easements as well as any other gift of value for the purpose of historic preservation should be accepted.

(17)

Provide comment to the Texas Historical Commission on any federal undertakings (projects utilizing federal funds or requiring a federal permit) pursuant to Section 106 of the National Historic Preservation Act of 1966, as amended.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

The city manager or their designee will appoint a qualified city official, or staff person to serve as historic preservation officer (HPO) subject to the city council's allocation of funding for such purpose. The HPO must have an interest, knowledge and a demonstrated background in the disciplines of architecture, history, urban planning, real estate, legal, archeology, or other disciplines related to historic preservation. In the absence of a qualified official or staff person of the municipality, a volunteer resident of the city may be appointed by city council as HPO.

(b)

The HPO shall be a non-voting member of the commission tasked with administering this article and advising the commission on matters submitted to it.

(c)

In addition to serving as representative of the commission, the HPO is responsible for coordinating the city's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.

(d)

The HPO shall be aware of the condition of all structures within the historic district or any designated historic landmark. The HPO will notify property owners of conditions that may put a historic structure at risk or jeopardize the historic integrity of the historic district or historic landmark.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

The requirements for a certificate of appropriateness impact the following:

(1)

All buildings; and

(2)

New construction within the local historic district

(b)

Certificate of appropriateness ("COA") for alteration or new construction affecting historic landmarks or historic districts. Persons shall obtain a certificate of appropriateness to carry out: any exterior new construction, reconstruction, alteration, restoration, exterior new rehabilitation, or relocation of any historic landmark or on any property within a historic district. Likewise, any person making any material change in the light fixtures, signs, sidewalks, fences, steps, paving, building exteriors or other exterior elements in a historic district or to a historic landmark, visible from a public right-of-way in that historic district or historic landmark, which affect the appearance and cohesiveness of any historic landmark or any property within the historic district shall obtain a certificate of appropriateness prior to commencing work.

(c)

Criteria for approval of a certificate of appropriateness. Approval or disapproval of applications for certificates of appropriateness shall be determined by the historic preservation commission, following a public hearing on the matter. In considering an application for a certificate of appropriateness, the commission shall be guided by any specific design guidelines adopted for a particular district or landmark.

(d)

Certification of appropriateness application procedure:

(1)

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:

a.

The physical address of the property to be modified;

b.

The name, address, telephone number of the applicants;

c.

A detailed description of the proposed work;

d.

Elevation drawings of the proposed work and changes, if available;

e.

Samples or a description of materials proposed to be used;

f.

If the proposal includes signs or lettering, a scale drawing/example 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; and

g.

Current photographs of the property and adjacent properties as well as historical photographs, if available, and photographs of the current area for which the COA is sought shall be provided to the staff liaison for the HPC.

(2)

The historic preservation commission shall issue a certificate of appropriateness prior to the city's issuance of a building permit for the proposed work.

(3)

The COA required by this article shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Farmersville.

(4)

The historic preservation commission shall review an application for a certificate of appropriateness at a regularly scheduled meeting or special called meeting of the HPC within 45 days from the date the application is determined to be administratively complete.

(5)

The applicant will be afforded an opportunity to speak regarding the application for a certificate of appropriateness at the HPC's meeting.

(6)

The commission may take one of the following actions on the application for a certificate of appropriateness: Approve, deny, or approve with modifications.

(7)

If the historic preservation commission does not act on the application for a certificate of appropriateness within 90 days of the date the application is determined to be administratively complete, the certificate of appropriateness shall be deemed to have been approved.

(8)

All decisions of the historic preservation commission shall be in writing. The commission's decision shall state its findings pertaining to approval, denial, or modification of the application for a certificate of appropriateness. A copy of the commission's written decision regarding the certificate of appropriateness shall be sent to the applicant.

(9)

Additional copies of the commission's written decision regarding the certificate of appropriateness shall be filed as part of the public record on that property and dispersed to the building inspections & permits department of the city. The approval or conditional approval of a certificate of appropriateness is not, and shall not be interpreted as being, a substitute for a building permit and does not assure the issuance of a building permit.

(10)

An applicant for a certificate of appropriateness dissatisfied with the commission's denial or conditional approve of their application for a certificate of appropriateness may appeal that decision to the city council within 30 days after receipt of notification of the HPC's action.

(11)

If the applicant appeals the HPC's decision, the city council shall hold a public hearing after providing notice and publication. The city council may affirm the decision of the historic preservation commission or issue such determination as the city council believes to be correct.

(12)

As with the determination of the HPC, the decision of the city council shall also be reduced to writing and distributed in the same fashion as the original determination of the historic preservation commission. The decision of the city council shall not be interpreted as being, a substitute for a building permit and also does not assure the issuance of a building permit.

(e)

Certificate of appropriateness required for demolition. The review of an administratively complete application for a certificate of appropriateness by the historic preservation commission is required prior to the issuance of a demolition permit of a historic landmark or a property within a historic district including secondary buildings and landscape features, as provided for in subsections (f), (g) and (h) of this section.

(f)

Economic hardship application procedure:

(1)

For deviations.

a.

After receiving written notification from the historic preservation commission of the denial of a certificate of appropriateness under subsection (d), above, the applicant shall have the right to seek deviations from the applicable criteria and design guidelines based on economic hardship. In the alternative, the applicant may raise the existence of economic hardship simultaneously with the original certificate of appropriateness. To be entitled to relief from based on economic hardship, the applicant must prove by a preponderance of the evidence that they will have no reasonable opportunity to recover the cost of the proposed work if they are required to perform the work in accordance with the criteria and design guidelines identified by the HPC.

b.

The applicant must provide the historic preservation commission evidence of an economic hardship as a justification for a deviation from the applicable criteria and design guidelines for a certificate of appropriateness based on economic hardship by the applicant. The commission must review such evidence to confirm whether an economic hardship exists before a certificate of appropriateness with deviations to the applicable criteria and design guidelines may be issued based on economic hardship.

c.

If the historic preservation commission finds that the applicant would have no reasonable opportunity to recover the cost of the proposed work if performed in accordance with the criteria and the design guidelines, the HPC may grant a deviation from the criteria and any applicable design guidelines and may issue a certificate of appropriateness for the required work, with or without conditions. If the HPC finds that the applicant has failed to satisfy this burden of proof, the certificate of appropriateness will be denied.

d.

The following factors may be considered by the historic preservation commission in determining whether and to what extent a certificate of appropriateness with one or more deviations from the criteria and any applicable design guidelines should be considered:

1.

The cost to perform the work in compliance with the criteria and design guidelines and the value of the property;

2.

The extent to which a deviation is necessary to allow the owner a reasonable opportunity to recover the cost of the work;

3.

Whether granting the deviation will harm an existing or proposed historic landmark, historic district or historic property designated with a high priority rating; and/or

4.

Whether the proposed work is in harmony with the spirit and purposes of this article.

(2)

For demolition.

a.

After receiving written notification from the historic preservation commission of the denial of a certificate of appropriateness under subsection (e), above, for a proposed demolition has been denied, the applicant shall have the right to seek relief based on economic hardship. In the alternative, the applicant may raise the existence of economic hardship simultaneously with the original certificate of appropriateness for demolition. The commission must confirm that a hardship exists before a certificate of appropriateness for demolition shall be issued.

b.

When a claim of economic hardship is made, due to the effect of this article, the applicant 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;

3.

Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and/or

4.

The structure or property is in such a condition as to be irreparably damaged and, as such, poses a nuisance to the surrounding area and is a threat to the health, safety and general welfare of the community.

(3)

The process.

a.

The applicant shall consult in good faith with the historic preservation commission and other local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the historic landmark or property. Evidence of the applicant's efforts must be shown to the commission.

b.

The historic preservation commission shall hold a public hearing on the application within 60 days from the date the application is determined to be administratively complete by the city.

c.

Following the hearing regarding economic hardship, the historic preservation commission has 30 days to prepare a written decision regarding the claimed economic hardship associated with the historic landmark or property. If the commission does not act within 90 days after the application for a claimed hardship is deemed administratively complete, the hardship application shall be deemed approved.

d.

All decisions of the historic preservation commission shall be in writing. The commission's decision shall state its findings pertaining to approval, denial, or modification of the application for the alleged economic hardship as it applies to a certificate of appropriateness. A copy of the commission's written decision shall be sent to the applicant by mail.

e.

Additional copies of the commission's written decision regarding the certificate of appropriateness shall be filed as part of the public record on that property and dispersed to the building inspections & permits department of the city. The approval or conditional approval of a certificate of appropriateness is not, and shall not be interpreted as being, a substitute for a building permit and does not assure the issuance of a building permit.

f.

The commission's decision shall state the reasons for granting or denying the economic hardship application related to the certificate of appropriateness or demolition permit.

g.

An applicant for a certificate of appropriateness dissatisfied with the commission's denial or conditional approve of their application for a certificate of appropriateness may appeal that decision to the city council within 30 days after receipt of notification of the HPC's action.

h.

If the applicant appeals the HPC's decision, the city council shall hold a public hearing after providing notice and publication. The city council may affirm the decision of the historic preservation commission or issue such determination as the city council believes to be correct.

i.

As with the determination of the HPC, the decision of the city council shall also be reduced to writing and distributed in the same fashion as the original determination of the historic preservation commission. The decision of the city council shall not be interpreted as being, a substitute for a building permit and also does not assure the issuance of a building permit.

(g)

Enforcement. 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 building official to periodically inspect 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 historic preservation 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 the project as long as a stop work order is in effect. Once compliance is confirmed by the building official, the stop work order may be lifted by the receipt of a written notice of compliance by the official to the building inspections and permits department.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark or historic property within a historic district that does not involve a change in design, material, or outward appearance. In-kind replacement or repair is included in this definition of ordinary maintenance.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

No owner or person with an interest in real property designated as a historic 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 historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the historic property itself. Examples of such deterioration shall 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 stucco or mortar;

(5)

Ineffective waterproofing of exterior walls, roof, or foundations, including broken windows or doors; and/or

(6)

Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public health, safety and welfare.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

New development or construction. All new structures and expansions within the Historic Overlay Zoning District and the Historic Downtown District shall require the approval of a certificate of appropriateness before any work begins and must have front, side and rear facades comprised of wood, brick, masonry, stone, stucco, or glass that are consistent with existing buildings in the same general area. Architectural metal accents, such as copper or bronze may be used to accent structural elements. No metal buildings shall be permitted.

(b)

Existing structures. Every reasonable effort shall be made to refurbish, rehabilitate and/or adapt any existing structures in the Historic Overlay Zoning District and the Historic Downtown District shall require the approval of a certificate of appropriateness before any work begins and shall require minimal alteration of any distinctive architectural features or characteristics of the structure and shall remain harmonious with the historical character of existing buildings in the same general area.

(c)

The design of walls and other structures located on the same site, including those used for screening, within the Historic Overlay Zoning District and the Historic Downtown District shall require the approval of a certificate of appropriateness before any work begins and shall generally be constructed of the same or similar materials as the primary building on the lot consistent with the historical character of the main building.

(d)

Paint colors must be taken from an appropriate historical palette.

(e)

Provided, however, with regard to subsections (a) through (c), above, an applicant must present a certificate of appropriateness to the historic preservation commission, together with a site plan and specifications that include elevation drawings and proposed alternative materials which meet or exceed the appearance and durability requirements of this article.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

(a)

The owner of a historical landmark or a historical property may submit a request to have their historical landmark or historical property designated as a local historic landmark or historical property through the Historical Preservation Overlay Zoning District (HD).

(b)

Designation of historic landmarks is accomplished through the zoning process by having the Historical Preservation Overlay Zoning District (HD) applied to the property and amending the official zoning map for the City of Farmersville to reflect the application of the overlay district. Such an amendment must be approved by ordinance of city council, following notice, public hearing, and recommendations by both the historic preservation commission and the city planning and zoning commission, in that order to the city council and a final determination by the city council following applicable notice and a public hearing.

(c)

Property owners of proposed historic landmarks shall be notified prior to the hearing of the historic preservation commission, on the recommended designation. At the historic preservation commission's public hearing, owners, interested parties, and technical experts may present testimony or documentary evidence that will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic landmark.

(d)

The recommendation of the historic preservation commission regarding a request to rezone a historic landmark with the Historical Preservation Overlay Zoning District (HD) shall be submitted to the city secretary for consideration by the city planning & zoning commission. The city planning & zoning commission shall give notice and conduct its hearing on the proposed zoning case and thereafter forward its recommendation to the city council for final determination following notice and public hearing on the request.

(e)

Upon designation of a building, object, site, or structure as a historic landmark, the city council shall cause the designation to be recorded in the official zoning maps of the City of Farmersville. The official zoning map should indicate the designated historic landmarks with an appropriate mark.

(f)

Criteria for the designation of historic landmarks. A historic landmark may be designated if it:

(1)

Possesses significance in history, architecture, archaeology, 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 the lives of persons significant in our past; embodies the distinctive characteristics of a type, period, or method of construction.

(4)

Represents the work of a master designer, builder, or craftsman.

(5)

Represents an established and familiar visual feature of the city.

(6)

Possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

(7)

Has yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

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 building inspector 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 HPC and verification by the HPO, the building inspector shall issue a stop work order and all work shall immediately cease. The property owner shall then be required to apply for a hearing before the HPC to explain the non-compliance. No further work shall be undertaken on the project as long as a stop work is in effect until a decision is rendered by the HPC on the application.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)

It shall be unlawful to construct reconstruct significantly alter restore or demolish any building or structure designated as a landmark or in a designated district in violation of the provisions of this article. The city in addition to other remedies may institute any appropriate action or proceeding to prevent such unlawful construction reconstruction significant alteration or demolition to restrain correct or abate such violation or to prevent any illegal act business or maintenance in and about such premises including acquisition of the property.

Any person firm or corporation violating any provision of this article shall be guilty of a class C misdemeanor punishable by a fine of not less than $250.00 or more than $2,000.00. Each day the violation continues shall be considered a separate offence. Such remedy under this section is in addition to the abatement restitution.

(Ord. No. O-2022-0927-002, § 3, 9-27-2022)