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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 sections10-780 through 10-784 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. (Ord. No. 0-2010-119; 11/10/10)
b. A "historic landmark" is defined as any site or area of historic or cultural importance or significance as designated by the Historical Preservation Board or 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)(Ord. No. 0-2009-99; 9/23/09)
a. The Historical Preservation Board may recommend and the city council may approve the expansion of an historic district or the application of such zoning district to a new area in accordance with this section.
b. The Historical Preservation Board may approve the designation of a landmark if the board finds that the proposed landmark merits such designation according to this Division. The Board shall have final authority to designate historic structures, sites or areas for inclusion on the landmark register, unless the Board's decision is appealed to the City Council pursuant to Chapter 1, Article IV., in which case the City Council shall have final authority. (Ord. No. 0-2009-99; 9/23/09)
a. The historical preservation board must maintain 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 will be required as prescribed by the board. The board will conduct public meetings to consider applications for inclusion of sites, structures, or areas on the Tyler historic landmark register. The board shall have final authority to designate historic structures, sites, or areas for inclusion on the register, unless the board's decision is appealed to the City Council pursuant to Chapter 1, Article IV., in which case the City Council shall have final authority.
d. In considering a structure, site or area for designation in the Tyler historic landmark register, the board will consider the following:
1. Character, interest, or value as part of the development, heritage, or cultural characteristics of the city, State of Texas, or United States.
2. Distinguishing characteristics of an architectural type or specimen.
3. Elements of architectural design, detail, materials, or craftsmanship, which represent a significant architectural innovation.
4. 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.
5. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style.
6. Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, State of Texas, or United States.
7. Location as the site of a significant historic event.
8. Identification with a person(s) who significantly contributed to the culture and development of the city, State of Texas, or United States.
9. Value as an aspect of community sentiment or public pride.
10. Identification as the work of a designer, architect, or builder whose work has influenced city growth or development.
11. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community, or the city.
12. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest.
13. Demonstrated ability of the property owner to maintain the structure, site, or area in a sanitary, aesthetic, or lawful manner. (Ord. No. 0-2005-61, 8/17/05)
14. The planning department will 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) (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2010-119; 11/10/10)
e. In considering a sign for designation in the Tyler Historic Landmark Register, the Board will consider the following:
1. The sign has been in continuous existence at its present location for not less than fifty years and the sign has not been significantly altered.
2. The sign is structurally safe or is capable of being made so without substantially altering its historic significance.
3. The continued existence of the sign is encouraged and is beneficial to the public good. (Ord. No. 0-2010-119; 11/10/10)
a. Property Owner’s Authority to Request Removal
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. City Council Authority to Initiate Removal of Landmark Status
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 will make a recommendation to the city council. Following a hearing, the city council 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 planning department within a specified time. It is unlawful to fail to comply with any city council order requiring removal and return of the register plaque. In considering a sign for designation in the Tyler Historic Landmark Register, the Board will consider the following:
1. The sign has been in continuous existence at its present location for not less than fifty years and the sign has not been significantly altered.
2. The sign is structurally safe or is capable of being made so without substantially altering its historic significance.
3. The continued existence of the sign is encouraged and is beneficial to the public good. (Ord. No. 0-2010-119; 11/10/10)
Factors that the board and city council may consider include:
a. Significant alteration of architectural feature of building or structure;
b. Demolition of building or structure;
c. Allowing property to fall into state of disrepair; and
d. Such other factors as the board and city council may deem appropriate. (Ord. No. 0-98-81, 10/7/98) (Ord. No. 0-2005-70, 9/14/05)
DIVISION B.
Certificate of Appropriateness
Certificate of Appropriateness
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, or within a historic district overlay, unless a Certificate of Appropriateness or Certificate of Demolition has been issued pursuant to this Division. Any proposed construction, alteration, change, restoration, removal or demolition of a building or structure from property within a National Historic District and designated as High or Selected Medium Priority according to the Historic Research Survey, shall be presented to the Planning Department for a non-binding review, but shall not require a Certificate of Appropriateness or Certificate of Demolition. The Planning Department shall provide suggestions and/or recommendations to the Applicant regarding the proposed activities. The term "exterior architectural feature" shall include, but not limited to, the kind, color and basic texture of all exterior building materials and such features as windows, doors, lights, signs and other exterior features. At least quarterly, Planning Department Staff shall present a report to the Board listing all City-issued building permits for buildings or structures located within a National Historic District and designated High or Selected Medium Priority according to the Historic Research Survey. (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2011-45, 6/8/11) (Ord. No. 0-2013-77; 8/28/13)
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