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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)
DIVISION C.
Tax Abatement
Tax Abatement
In accordance with state law, the City Council finds that all designated landmarks structures are historically significant and entitled to tax relief in order to encourage historic preservation. Fifty percent (50%) 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, up to a maximum assessed value amount of $ 2,000,000, must 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. As long as the property remains on the Tyler historic landmark register, has not changed ownership, and otherwise remains in compliance with all applicable ordinances, the owner shall not be required to re-apply for exemption on an annual basis. (Ord. 0-98-81, 10/7/98); (Ord. 0-2005-61; 8/17/05) (Ord. No. 0-2012-83, 10/10/12)
a. The tax abatement provided for in this section is intended to encourage historic preservation within the City of Tyler. Any building or structure that has been designated as a historic landmark pursuant to the terms of this Article, and which is substantially rehabilitated as provided herein, may have abated one hundred percent (100%) of the amount of any increase in the assessed value for purposes of ad valorem taxes levied by the City of Tyler in excess of the assessed value of the property for a period of five (5) years following issuance of a Certificate of Appropriateness. Said tax abatement must only apply to the increase in the assessed value of the property over the assessed base value of the property, regardless of the actual value of any permits and improvements. In order to be eligible for tax abatement, said renovations must be at a minimum cost of thirty thousand dollars ($30,000.00) and must be completed within a period of two (2) years from the date of issuance of a Certificate of Appropriateness. The tax abatements would become applicable to the property in January of the first tax year following the date of issuance of a Certificate of Appropriateness. The tax abatements must continue in effect during the established five-year period as long as the property remains on the Tyler historic landmark register. The total amount of said improvements subject to tax abatement per year for the five-year period on a single piece of property must not exceed two million dollars ($2,000,000).
b. To be eligible for property tax abatement under this section, a property must meet the following requirements:
1. The building or structure must meet the requirements for, and have previously been designated as, a historic landmark pursuant to section 10-782.
2. The structure or building upon which the renovation is to occur must be at least fifty (50) years old or older;
3. The tax abatement under this section is available for buildings or structures on both residential and commercial property.
4. Any renovations or improvements must conform to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, a copy of which is available in the Planning Department.
c. Application process. Applications for tax abatement under this section are voluntary. Any owner seeking tax abatement under this section must file an application for a Certificate of Appropriateness in conformance with section 10-786
. Said application must include a projection of the estimated construction time and predicted completion date of the historic repair or rehabilitation. The requirements of sections 10-786
and 10-783
must govern the application, granting and removal, and maintenance process for the Certificate of Appropriateness. However, the actual granting of the tax abatement under this section shall be subject to the discretion and approval of the City Council. After a public hearing, the City Council may by ordinance approve the abatement provided for in this section. If approved by City Council, the applicant for abatement shall cause a copy of the ordinance and application for exemption to be sent to the Smith County Appraisal District not later than January 1st of each subject tax year. (Ord. No. 0-2017-69; 8/23/17)
d. Time for completion; re-capture. If the improvements, renovation or restoration repair work on a particular piece of property are not completed within two (2) years from the date of issuance of the Certificate of Appropriateness, any and all tax abatements previously received on said property during the two-year period must be revoked, and the City may re-capture all tax abatements that the property owner received during said two-year period. In addition to the re-capture, the property owner shall not be eligible for the tax abatement for the remaining three (3) years.
e. Eligible costs. Eligible costs must include construction, reconstruction, alteration, change, restoration, removal or demolition of any exterior architectural feature of a building or structure on the Tyler historic landmark register. Materials and labor for repairing, replacing or adding any of the following shall be eligible, if expressly approved as part of the Certificate of Appropriateness:
1. Structural walls;
2. Exterior doors;
3. Windows;
4. Exterior brick veneers or treatments;
5. Roof and gutter where necessary for structural integrity;
6. Facade items;
7. Limited demolition, not more than fifteen percent (15%) of the original structure, and cleanup related to the eligible costs in this subsection;
8. Exterior paint (consistent with those colors available during the time period that the structure was built);
9. Foundations;
10. Structural subfloors;
11. Structural ceilings;
12. Termite damage and treatment;
13. Fixtures and decorative items attached to the main structure, or that contribute to the historic integrity of the property;
14. Fencing that contributes to the historic integrity of the property.
f. Ineligible costs. Ineligible costs shall include the following:
1. Overhead;
2. Taxes;
3. Supervisor payroll;
4. Repairs of construction equipment;
5. Tools;
6. Plumbing and electrical wiring;
7. Mechanical equipment; air conditioning systems;
8. Any other items not directly related to the exterior appearance or the structural integrity or viability of the structure, except that interior items for commercial properties shall be allowed.
g. Use in conjunction with other incentives. The tax abatement authorized by this section may be used in conjunction with other types of abatements or incentives, either existing and that may be developed in the future, unless otherwise prohibited by statute or ordinance.
h. Sunset review. Before the fifth anniversary of the date of re-adoption of this section, the City Manager or designee shall review the tax abatement program established herein. The City Manager or designee shall review the effects of, and any benefits or problems associated with, this program. Following such review, the City Manager or designee shall make a recommendation to the City Council regarding whether to continue, modify, or repeal this section. (Ord. No. 0-2005-61; 8/17/05) (Ord. No. 0-2008-8; 1/9/08) (Ord. No. 0-2012-83, 10/10/12) (Ord. No. 0-2017-69; 8/23/17) (Ord. No. 0-2022-89; 9/28/2022)
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