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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)
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)
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)
Following the board's or City Council's decision, as applicable, the planning department must forward to the property owner either a certificate of appropriateness, which will include a copy of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, or notice that the Board or city council has made a 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 or city council within 60 days of original receipt of the application, a certificate of appropriateness will be deemed issued. (Ord. No. 0-2009-99; 9/23/09)
a. Permit applications which require Certificate of Appropriateness or Certificate of Demolition.
Upon completion of the board or City Council hearing and recommendation to the property owner or within 60 days, whichever occurs first, a building permit will be issued in accordance with the application of the property owner, provided that such application complies with the building code and other ordinances.
b. Permit applications which do not require Certificate of Appropriateness or Certificate of Demolition.
Permit applications which do not require a Certificate of Appropriateness or Certificate of Demolition shall be issued a building permit upon application review completion by the Planning Department and/or the Historical Preservation Board and recommendation to the property owner or within 10 business days, whichever occurs first, 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) (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2013-77; 8/28/13)
Permit applications which do not require a Certificate of Appropriateness or Certificate of Demolition shall be issued a building permit upon application review completion by the Planning Department and/or the Historical Preservation Board and recommendation to the property owner or within 10 business days, whichever occurs first, 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) (Ord. No. 0-2009-99; 9/23/09) (Ord. No. 0-2013-77; 8/28/13)
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 will 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 division. 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) (Ord. No. 0-2005-70, 9/14/05)
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 as historic landmarks, or structures within local districts, or structures 50 years or older where federal funding is involved unless a Certificate of Appropriateness for Rehabilitation or a Certificate of Demolition has been issued by the Board or City Council, as applicable. 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 and Certificates of Demolition and other required information shall be submitted to the Planning Department which will then submit the documents to the Chief Building Official for a structural and financial feasibility review prior to public hearing before the Historical Preservation Board, except as otherwise directed in this Section.
1. Applications for Certificates of Appropriateness for Rehabilitation shall be made on a specified form and shall include two (2) copies of detailed plans, elevations, perspectives, specifications or other suitable plans for the proposed work, including information regarding the financial feasibility of the plans and proof of financial resources to complete the work.
2. If the building or structure is placarded as substandard and a public nuisance as defined by the City of Tyler Minimum Urban Standards at City Code Chapter 7, Sec. 7-69 and 7-70 and the property owner desires to rehabilitate the property, the Application for Certificate of Appropriateness for Rehabilitation and attachments shall be submitted to the Neighborhood Services Director with the required Rehabilitation Plan of Action and within the time frame described in Sec. 7-71.
3. Applications for Certificates of Demolition shall be made on a specified form to the Board and shall include two (2) copies of an explanation of the deteriorated and/or dilapidated condition of the building , including visual exhibits such as photographs, and/or copies of the Inspection Report for Substandard Building prepared by City staff if the property has been placarded as substandard and a public nuisance as defined by the City of Tyler Minimum Urban Standards, in which case the Application documents shall be submitted to the Neighborhood Services Director.
4. Applications submitted to the Neighborhood Services Director shall be forwarded to the Planning Department which will forward to the Chief Building Official providing a sufficient time for review prior to the hearing scheduled before the Board.
c. Time and Notice of Board Hearing: Within forty-five (45) days of the receipt of a completed Application, the Board shall hold a public hearing, as scheduled by the Planning Department. Property owners and known mortgagees and lien holders shall 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 if a Certificate of Demolition is being sought, then property owners and known mortgagees and lien holders shall 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 Department shall also send a copy of the notice letter described herein to the Neighborhood Services Director.
d. Procedure for Board Review and Public Hearing before City Council under certain circumstances:
1. Upon review of the Application for Certificate of Appropriateness for Rehabilitation or for Certificate of Demolition, and considering the Chief Building Official’s recommendations, the Board shall determine:
(a) Whether demolition is recommended, if applicable, or whether the proposed rehabilitation work will adversely affect any exterior architectural feature or adversely affect the historical character of the building, structure or site;
(b) Whether any proposed work is consistent with the guidelines in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;
(c) Whether such work is appropriate and consistent with the spirit and intent of this chapter; and
(d) Whether sufficient evidence of financial resources to complete the work has been presented.
(e) Time for completion. As part of the review of an application for a Certificate of Appropriateness or for a Certificate of Demolition, the Board may recommend a specific time period for completion of all work under the Certificate of Appropriateness or Certificate of Demolition. When considering the specific time for completion in each individual case, the Board and City Council may take into account the proposed scope of the work, the size and dimensions of the property, the cost of the work, and any other specific circumstances affecting the particular building, structure or property. If work under a Certificate of Appropriateness or Certificate of Demolition issued under this section has not been completed within the time period established pursuant to this subsection, the person or entity must file an application for a new Certificate of Appropriateness or Certificate of Demolition pursuant to this section. It shall be unlawful for a person or entity to perform work governed by an expired Certificate of Appropriateness or Certificate of Demolition without obtaining a new Certificate of Appropriateness or Certificate of Demolition.
2. If the Board's decision on a Certificate of Appropriateness is appealed to the City Council pursuant to Chapter 1, Article IV., or if the Board conducts a hearing on a property that has been tagged as substandard under Chapter 7 or for which a Certificate of Demolition is being sought, then the Planning Department shall place the Board's recommendation on the next available City Council agenda. The Board's recommendations shall be forwarded to the City Council, which shall have final authority to grant a Certificate of Appropriateness for Rehabilitation or Certificate of Demolition, as applicable. If the City Council is considering an appeal of a Certificate of Appropriateness pursuant to Chapter 1, Article IV., then notice of the date, time and place of such hearing before the City Council shall be provided to the property owner. If the City Council is conducting a hearing on a property that has been tagged as substandard under Chapter 7 or for which a Certificate of Demolition is being sought, notice of such hearing before the City Council will be provided to the property owner and known mortgagees and lien holders by certified mail, return receipt requested, restricted signature at least ten (10) days prior to the hearing. At either type of hearing, the City Council shall review the Board recommendation and make a final decision regarding the issuance of a Certificate under this chapter.
3. Following the board’s or City Council's decision, as applicable, the Planning Department shall either hand-deliver or forward to the property owner within two (2) days of the hearing, the following:
(a) For situations not involving a substandard structure and not involving a request for Certificate of Demolition, in which only the board conducted a hearing:
(1) A Certificate of Appropriateness for Rehabilitation, which shall include a copy of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; or
(2) Notice that the board has made a 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;
(b) For situations not involving a substandard structure and not involving a request for Certificate of Demolition, in which the board conducted a hearing, but the board’s decision was appealed to the City Council pursuant to City Code Chapter 1, Article IV.:
(1) A Certificate of Appropriateness for Rehabilitation, which shall include a copy of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings; or
(2) Notice that the City Council has made a 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;
(c) For situations involving a substandard structure or request for Certificate of Demolition, in which the City Council conducted a hearing in addition to the board hearing:
(1) A Certificate of Appropriateness for Rehabilitation, which shall include a copy of the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures; or
(2) Notice that the City Council has made a 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; or
(3) Certificate of Demolition which shall mandate that demolition and clearance shall be completed by a date certain.
(4) Appeal to District Court: An interested party may appeal the final decision of the City Council to the district court by filing a verified petition within thirty (30) days of the date the Certificate or other final notice is provided to the party pursuant to this Chapter. On expiration of the thirty (30) day appeal period, any City Council decision shall be final.
e. Issuance of Building permit: A building permit consistent with a Certificate issued under this chapter may be applied for and issued following the appropriate board or City Council hearing. (Ord. No. 0-98-81, 10/7/98)
f. Temporary Emergency Repair Orders. If the Chief Building Official, in consultation with the Neighborhood Services Director, if applicable, 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 for Rehabilitation. The Chief Building Official shall send the Board a written Temporary Emergency Repair Order explaining the work done to remove the immediate threat. 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 for Rehabilitation is obtained pursuant to this section. If the City incurs costs associated with abating the immediate threat and the City desires to assess costs against the owner, a certified statement of costs shall be prepared by the Chief Building Official, verified by the Chief Financial Officer, and forwarded to the property owner by certified mail, return receipt requested, with instructions regarding the owner’s responsibility to pay those costs. The City may place a lien on the property for unpaid costs associated with this section by filing an affidavit of lien and the certified statement of charges with the ’’’’Smith’ ’’County’’ land records. 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) (Ord. No. 0-2005-70, 9/14/05) (Ord. No. 0-2007-101, 8-22-07) (Ord. No. 0-2013-77; 8/28/13)
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