DIVISION A. Review and Approval Bodies

Sec. 10-770. Planning and Zoning Commission

   a.   Establishment and Membership

      There is hereby created a Planning and Zoning Commission which must consist of seven members.

   b.   Powers and Duties

      1.   The Planning and Zoning Commission will act and function as the city municipal planning commission. The commission will have the power and duty to make and adopt rules and regulations governing its procedure.

      2.   The Commission will make, adopt, and recommend to the City Council a comprehensive (master) plan for the physical development of the city, including any area outside of its boundaries and within five miles thereof which in the Commission's judgment may bear a relation to city planning, subject to state law limitations.

      3.   The Commission will also act and function as the city zoning commission, and will have all powers granted by state law.

      4. The Commission is designated as the Airport Zoning Commission for all airport zoning purposes under Texas Local Government Code Chapter 241 or successor. The Commission shall be responsible for recommending airport zoning regulations, airport hazard zoning regulations, and airport compatible land use regulations, to the City Council. All proposed airport zoning regulations, airport hazard zoning regulations, and compatible land use regulations affecting the airport, shall be also be reviewed by the Airport Advisory Board, which shall provide its recommendations.

      5.   The Commission will review all proposed annexations and recommend action to the City Council.

   c.   Comprehensive (Master) Plan

      1.   Authority

         The Planning and Zoning Commission may, from time to time, amend, extend, or add to the comprehensive (master) plan, and will have all of the powers and duties vested, created, and granted by state law.

      2.   Scope

         (a)   The comprehensive plan, with accompanying maps, plats, charts, and descriptive matter must show the Commission's recommendation for city development as well as the extraterritorial jurisdiction.

         (b)   The Planning and Zoning Commission may, from time to time, adopt and publish a part of the plan covering one or more major sections or city subdivisions or one or more of the aforesaid or other subject matter.

      3.   Content

         The comprehensive plan may include or depict, among other things:

         (a)   The general location, character, and extent of the streets, viaducts, bridges, waterways, boulevards, parkways, playgrounds, squares, parks, aviation fields and other public ways, grounds and open spaces:

         (b)   The general location of public buildings and other public property and general location and extent of public utilities and terminals, either publicly or privately owned and operated, water, lights, sanitation, transportation, communication, power and other purposes.

         (c)   The removal, relocation, widening, narrowing, vacation, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings or property, utilities or terminals;

         (d)   A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises, subject to the limitations set forth in state law.

      4.   Area development plans. Plans for specific areas of the City may be established to analyze the needs and opportunities for growth. The recommendations from the area development plans shall be in line with the principles established in the Comprehensive Plan. (Ord. No. 0-2013-16; 2/27/13)

   d.   Training

Within one year of assuming duties, and on an annual basis thereafter, Commission members must attend at least one training session or seminar that addresses zoning issues. (ORD. 0-97-62, 12/10/97) (Ord. 0-2003-38, 7/23/03) (Ord. No. 0/2010/20, 3/10/10) (Ord. No. 0-2013-16; 2/27/13)(Ord. No. 0-2013-42; 5/22/13)

Sec. 10-771. Zoning Board of Adjustment

   a.   Establishment, Membership, and Vacancies

      There will be a zoning board of adjustment consisting of five members and two alternate members to be appointed by the City Council. An alternate member will serve in the absence of one or more of the regular members. All cases to be heard by the board will always be heard by a minimum of four members or members and alternates.

   b.   Meetings

      The board will adopt rules in accordance with this division. Meetings must be held at the call of the chair and at such other times as it may determine. Such chair, or in the chair’s absence the acting chair, may administer oaths and compel the attendance of witnesses. All board meetings must be open to the public. The board must keep minutes of its proceedings, showing all official actions. The minutes must be filed in the planning department.

   c.   Authority to File

      Appeals to the board may be taken by any person aggrieved or affected by any decision of any administrative official. Such appeal must be taken within 30 days, by filing with the planning department and with the board a notice of appeal specifying the grounds thereof. The planning department will forward to the board all papers constituting the record upon which the action appealed from was taken. (Ord. No. 0-2011-45, 6/8/11)

   d.   Powers and Duties

      1.   The zoning board of adjustment is empowered to grant the following exceptions to the provisions of the unified development code:

         (a)   The reconstruction of a nonconforming building which has been damaged by fire, act of God, or the public enemy to the extent of more than 70 percent of double its assessed value as listed on the records of the city tax department. In granting such an exception, the board must find it necessary for the preservation and enjoyment of a substantial property right and not detrimental to the public welfare.

         (b)   The erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.

      2.   To authorize a variance from the terms of the unified development code that is not contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship, and so that the spirit of the zoning ordinance shall be observed and substantial justice done.

3. The Zoning Board of Adjustment is designated as the Airport Board of Adjustment for all purposes under Texas Local Government Code Chapter 241 or successor.

   e.   Public Hearings

      1.   In exercising the above-mentioned powers, the board may reverse, affirm, or modify the decision appealed.

      2.   The concurring vote of four members of the board (including alternates when seated) is necessary to reverse any decision of any administrative official, to decide in favor of the applicant, or to effect any variation in such ordinance.

   f.   Permits

      Any special exception or variance authorized by the board will allow for the issuance of a building permit or certificate of occupancy within 90 days of the date of the favorable board action, unless the board grants a longer period.

   g.   Lapse of Permits; Permission to Reapply for a Permit

      1.   If a building permit or certificate of occupancy has not been issued within 90 days (or such extended period as the board may grant) the special exception or variance will be deemed waived and all rights there under terminated. Such termination and waiver will be without prejudice to a subsequent application for a special exception or appeal for a variance to the board in accordance with applicable rules and regulations.

      2.   No application for a special exception or appeal for a variance to the board may be allowed on the same piece of property for six months from the date of the board’s ruling, except in cases where other property in the same zoning district has been altered or changed by a board ruling within the same six-month period.

   h.   Appeals

      Any person(s), jointly or severally, aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the City, may present to a court of record a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the Planning Department. (Note) (ORD. 0-97-62, 12/10/97)(Ord. No. 0-2013-42; 5/22/13)

Sec. 10-772. Tyler Historical Preservation Board

   a.   Establishment, Membership, and Vacancies

      1. Regular, voting board members. 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) regular voting members who shall serve without compensation and who shall be appointed by the City Council. Regular members shall serve for terms as set forth in Section 1-20. Regular Board membership appointed by the City Council shall include 1) an architect, planner, or design professional; 2) a historian, archeologist, or related profession; 3) a real estate professional; 4) an attorney; and 5) an owner of historic landmark or property in historic district. Such regular membership requirements may also be met if a Board member falls into more than one of the listed classifications. All regular voting members shall have a demonstrated interest, competence or knowledge in historic preservation within the City.
                 2. Non-voting members. In addition to the nine (9) regular voting Board members, the City Council shall also appoint up to a maximum of three (3) representatives, which shall include one representative from Historic Tyler, Inc., one representative from Heart of Tyler, and one representative from another local organization with a demonstrated interest in historic preservation to serve as non-voting members of the Board. Said non-voting members shall serve in an advisory capacity only to the regular Board, and shall serve for terms as set forth in Section 1-20. All non-voting members appointed pursuant to this Section shall be unpaid, and shall have a demonstrated interest, competence or knowledge in historic preservation within the City. (Ord. 0-2001-38, 8/22/01) (0-2005-61; 8/17/05) (Ord. No. 0-2007-72; 6/19/07) (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2014-8; 1/22/14)

   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 designate 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 for Rehabilitation 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.

      16.   To establish guidelines and to designate people, places and events to be included in the Half Mile of History cultural and historic landmark program. The Board's decision regarding inclusion on the Half Mile of History cultural and historic program may be appealed to the City Council pursuant to Chapter 1, Article IV. (Ord. No. 0-2011-45, 6/8/11)

   c.    The powers and duties of the board are:

      1.   Act in an advisory capacity and make recommendations to the City Manager, the Planning and Zoning Commission 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 and Zoning Commission and City Council locations, sites and structures to preserve and restore as official historic sites or districts. (Ord. 0-2003-38, 7/23/03)

      3.   Except at otherwise provided in this Division, 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) (Ord. No. 0-2007-101, 8-22-07) (Ord. No. 0-2009-99; 9/23/09)

DIVISION B. Fees