Sec. 10-785. Applicability

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)

Sec. 10-786. Authority to File

Applications for certificates of appropriateness will be made on a specified form to the board and must include two copies of all detailed plans, elevations, perspectives, specifications, or other suitable plans for the proposed work.

Sec. 10-787. Notice and Hearing by Historical Preservation Board

Within forty-five (45) days of the receipt of a completed application, the board must hold a public meeting, as scheduled by the Planning and Zoning Department. Property owners must be notified of the date, time and place of the public hearing. If the subject property was initially tagged as substandard and in violation of the Minimum Urban Standards, Chapter 7, Art. III., or successor, or a Certificate of Demolition is being sought, then property owners and known mortgagees and lien holders must be notified of the date, time and place of the public hearing by certified mail, return receipt requested, restricted signature, at least ten (10) days prior to the hearing. If the subject property was so tagged as substandard or a Certificate of Demolition is being sought, then the Planning and Zoning Department must also send a copy of the notice letter described herein to the Neighborhood Services Director. (Ord. No. 0-2009-99; 9/23/09)

Sec. 10-788. Review Process for Certificates of Appropriateness or Certificats of Demolition

Upon review of the application, the board must 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 article. If the proposed work is consistent with the Secretry of Interior Standards, a Certificate of Appropriateness may be administratively approved by the Historic Preservation Officer. As described above, the Historic Preservation Officer or the board shall have final authority to grant a Certificate of Appropriateness, except as follows:

      1.    If the board's decision regarding a Certificate of Appropriateness is appealed to the City Council pursuant to Chapter 1, Article IV., then the board must then forward its recommendations to the City Council, which will have final authority to grant a Certificate of Appropriateness. Property owners must be notified of the date, time and place of the public hearing.

2.    If the subject property was initially tagged as substandard and in violation of the Minimum Urban Standards, Chapter 7, Art. III., or successor, or if a Certificate of Demolition is being sought, then the board must then forward its recommendations to the City Council, which will have final authority to grant a Certificate of Appropriateness or Certificate of Demolition. (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2011-45, 6/8/11)