Preservation Ordinance
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ARTICLE II. HISTORICAL PRESERVATION
Sec. 10-10 - Sec. 10-19. Reserved
Sec. 10-20. Historic landmarks.
a. The City Council finds that the recognition and preservation of historic landmarks is in the public interest and serves to promote the welfare of the community. The purpose of sections 10-20 through 10-25 is to preserve the historic structures of the community through a voluntary program of owner participation, and to carry out the City's responsibilities as a Certified Local Government.
b. A "historic landmark" is defined as any site or area of historic or cultural importance or significance as designated by the City Council. Historic landmarks shall include historic structures, sites, districts or areas:
1. Within which the buildings, structures, appurtenances and places exemplify the cultural, political, economic or social history of the nation, state, region or community.
2. That are identified with the lives of historic persons or with important historical events.
3. That embody the distinguishing characteristics of an architectural type or specimen as to color, proportion, form, details, materials and craftsmanship. (Ord. No. 0-98-81, 10/7/98)
Sec. 10-21. Tyler Historical Preservation Board-Created; composition; appointment of members; terms
a. There is hereby created in and for the City a board to be known as the "Tyler Historical Preservation Board," which shall be composed of nine (9) members who shall serve without compensation and who shall be appointed by the City Council. Members shall serve for terms as set forth in section 2-1. Board membership shall include 1) an architect, planner, or design professional; 2) a historian, archeologist, or related profession; 3) a real estate professional; 4) an attorney; 5) an owner of historic landmark or property in historic district; and 6) a member of a local historical or preservation organization. Such membership requirements may also be met if a Board member falls into more than one of the listed classifications. All members shall have a demonstrated interest, competence or knowledge in historic preservation within the City.
b. The purposes of the Historical Preservation Board are:
1. To work with the federal and state governments, City Planning Department, the historical society and other boards or organizations to help coordinate restoration or preservation projects.
2. To educate the community about its rich historical legacy and to encourage historical preservation as inspiration for future generations.
3. To study and research the necessity for historical districts for the City.
4. To conduct comprehensive studies into the field of historical preservation in this community, including programs now being offered, what still needs to be done, and cooperative efforts among various groups which could be effected toward a common goal.
5. To provide for the community an overall view of historical preservation and provide data for individuals or organizations interested in historical preservation.
6. To recommend to the City Council historic landmarks which should be included in the Tyler Historic Landmark Register.
7. To thoroughly familiarize itself with buildings, structures, sites, districts, areas, places and lands within the City which may be eligible for designation as historical landmarks.
8. To establish criteria and make recommendations to the City Council to be used in determining whether certain buildings, districts, and areas should be designated as historical landmarks.
9. To establish guidelines and review requests for certificates of appropriateness and certificates of demolition for buildings, structures and sites designated as historical landmarks.
10. To formulate plans and programs for public and private action for encouraging and promoting the preservation of historical landmarks.
11. To suggest sources of funds for preservation and restoration activities and acquisitions, including federal, state, local, private and foundation sources.
12. To provide information and counseling to owners of historical landmarks.
13. To prepare annual reports to the Texas Historical Commission and City Council that summarize Board activity during the previous year.
14. To prepare design guidelines for review of historical landmarks and districts.
15. To propose to the City Council tax abatement programs for historical landmarks and districts.
c. The powers and duties of board are:
1. Act in an advisory capacity and make recommendations to the City Manager, the Planning Board and the City Council concerning establishment of any location, structure, building or area as an official historical site and shall make future recommendations regarding preservation and restoration of such areas or buildings, subsequent to their establishment as official historical sites or districts.
2. Conduct hearings and research for the purpose of determining the feasibility of recommending to the City Manager, the Planning Board and City Council locations, sites and structures to preserve and restore as official historic sites or districts.
3. The authority of the Board shall be limited to making recommendations, and it shall in no way have authority to designate or establish areas, buildings or structures as historical sites or districts.
4. The Planning Director shall designate in writing a local preservation officer who shall serve as a liaison for the City and Board to the Texas Historical Commission, and who shall assist the Board in formulating plans and programs for historical preservation. (Ord. No. 0-98-81, 10/7/98)
Sec. 10-22. Designation of historic landmarks.
a. There shall be maintained a document designated as the "Tyler Historic Landmark Register."
b. A structure, site or area may be nominated by the owner or by any interested third party, but may not be placed on the Tyler historic landmark register without the express consent of the property owner.
c. An application form shall be required as prescribed by the Board. The Board shall conduct public hearings to consider applications for inclusion of sites, structures or areas on the Tyler historic landmark register and shall make a recommendation to the City Council. The City Council may designate historic structures, sites or areas for inclusion on the register, after considering the report and recommendation of the Board.
d. In considering a structure or place for designation in the Tyler historic landmark register, the Board and City Council shall consider one (1) or more of the following:
1. Character, interest or value as part of the development, heritage or cultural characteristics of the City, State or United States.
2. Recognition as a recorded Texas historic landmark, a national historic landmark, or entered into the National Register of Historic Places.
3. Distinguishing characteristics of an architectural type or specimen.
4. Elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation.
5. Relationship to other distinctive buildings, sites, districts or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif.
6. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style.
7. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States.
8. Location as the site of a significant historic event.
9. Identification with a person(s) who significantly contributed to the culture and development of the City, State or United States.
10. Value as an aspect of community sentiment or public pride.
11. Identification as the work of a designer, architect or builder whose work has influenced City growth or development.
12. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community, or the City.
13. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.
e. The Planning Department shall cause the designation of any structure, site, area, or district on the Tyler historic landmark register to be recorded in the Smith County deed records. (Ord. No. 0-98-81, 10/7/98)
Sec. 10-23. Alteration or demolition of historic landmarks; certificate of appropriateness required.
a. No person or entity may construct, reconstruct, alter, change, restore, remove or demolish any exterior architectural feature of a building or structure or relocate any building or structure designated on the Tyler historic landmark register unless a certificate of appropriateness has been issued by the Board. The term "exterior architectural feature" shall include, but not be limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior fixtures.
b. Application procedure: Applications for certificates of appropriateness shall be made on a specified form to the Board and shall include two (2) copies of all detailed plans, elevations, perspectives, specifications or other suitable plans for the proposed work.
c. Hearing: Within forty-five (45) days of the receipt of a completed application, the Board shall hold a hearing.
d. Review: Upon review of the application, the Board shall determine whether the proposed work will adversely affect any exterior architectural feature or adversely affect the historical character of the building, structure or site, whether any proposed rehabilitation of an historic building, structure or site is consistent with the guidelines in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and whether such work is appropriate and consistent with the spirit and intent of this chapter. The Board shall forward to the property owner either a certificate of appropriateness, which shall include a copy of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, or its written determination that the proposed work would adversely affect the historic character of the site or structure and a recommendation of an alternative course of action which would preserve the historic character of the structure. If no action has been taken by the Board within sixty (60) days of original receipt of the application, a certificate of appropriateness shall be deemed issued by the Board.
e. Building permit to be used: Upon completion of the hearing and recommendation to the property owner or within sixty (60) days, whichever occurs first, a building permit shall be issued in accordance with the application of the property owner, provided that such application complies with the Building Code and other ordinances. (Ord. No. 0-98-81, 10/7/98)
f. Temporary Emergency Repairs. If the Chief Building Official determines that a building or structure designated on the Tyler historic landmark register poses an immediate threat to persons or property, the Chief Building Official may order or conduct any temporary emergency repairs necessary to make the building or structure safe without the requirement of a certificate of appropriateness. The Chief Building Official shall send a written explanation of such temporary emergency repair order to the Board. However, once such temporary emergency repairs have been completed, no further work may be done on the building or structure unless a certificate of appropriateness is obtained pursuant to this section. It is unlawful to fail to comply with a temporary emergency repair order issued by the Chief Building Official. (Ord. 0-99-52, 7/21/99)
g. Sec. 10-24. Property owners' rights; removal by Board.
a. Any person or entity, that owns a majority interest in a historic building, structure or site as designated on the Tyler historic landmark register may have such property stricken from the register by notifying the Board in writing.
b. If, after a hearing, the Board determines that an owner or person with an interest in a historic building, structure or site designated on the Tyler historic landmark register has, through action or inaction, adversely affected the historic character of the property, the Board may order such property removed from the register, and may also order the owner or person in interest to remove the register plaque from the property and return it to the Board within a specified time. It is unlawful to fail to comply with any Board order requiring removal and return of the register plaque. Factors that the Board may consider include:
1. Significant alteration of architectural feature of building or structure;
2. Demolition of building or structure;
3. Allowing property to fall into state of disrepair;
4. Such other factors as the Board may deem appropriate.
(Ord. No. 0-98-81, 10/7/98)
Sec. 10-25. Tax abatement.
In accordance with state law, the City Council finds that all structures listed are historically significant and entitled to tax relief in order to encourage historic preservation. Ten (10) percent of the assessed value of any building, structure or site listed on the Tyler historic landmark register and the land necessary for access to and from the building, structure, or site shall be exempt from annual City ad valorem taxation, provided that such building, structure or site is listed on the register on the first day of January of the applicable tax year. (Ord. No. 0-98-81, 10/7/98)
Secs. 10-26-10-29. Reserved.
