§ 17.40.410. Powers and duties.

A.

Creation of Historic Overlay Districts. The historic zoning commission shall review applications calling for the designation of historic overlay districts according to the standards contained in Chapter 17.36, Article III, referring written recommendations to the metropolitan council. Establishment of an historic overlay district on the official zoning map shall be in accordance with Section 18.02 of the Metropolitan Charter and Article III of this chapter.

B.

Establishment of Design Review Guidelines. The historic zoning commission shall adopt design guidelines for each historic overlay district and apply those guidelines when considering preservation permit applications. Design guidelines relating to the construction, alteration, addition and repair to, and relocation and demolition of structures and other improvements shall be consistent with the National Historic Preservation Act of 1966, as amended. A public hearing following the applicable public notice requirements of Article XV of this chapter shall precede the adoption of all design review guidelines by the historic zoning commission. Testimony and evidence material to the type of historic overlay under consideration may be considered by the commission in its deliberations.

C.

Design and Demolition Review. The historic zoning commission shall make the following determinations with respect to historic overlay districts:

1.

The appropriateness of the exterior architectural design and features of, and appurtenances related to, any new structure or improvement;

2.

The appropriateness of the exterior architectural design and features of any addition to the existing structure;

3.

The appropriateness of exterior alterations and repairs to an existing structure;

4.

The appropriateness of relocating any building out of, into, or within the boundaries of an historic overlay district; and

5.

The appropriateness of the maximum size of buildings and structures on a lot and the buildable area within which a building can be located, including setbacks and height; and

6.

The appropriateness of demolishing any structure or other improvement. As a condition of any permission to demolish a structure or other improvement, the historic zoning commission may require historical documentation in the manner of interior and exterior photographs, architectural measured drawings of the exterior, or other notations of architectural features, all at the expense of the commission;

7.

The historic zoning commission may take into consideration the historical or architectural significance of the subject structure or improvement; and the impact of the proposed undertaking on the historic character and integrity of the district as a whole.

D.

Right of Entry Upon Land. In performance of its duties, the commission and its staff may access the grounds of any land within its jurisdiction to make examinations and surveys or post public notices as required by this Zoning Code; however, this code does not empower right of entry into a building without the consent of the owner.

E.

Use of Land. The use of property located within an historic overlay district shall be governed solely by the associated base zoning district or an approved PUD master development plan.

F.

Compliance with T.C.A. § 7-51-1201 et seq. For the purposes of complying with T.C.A. § 7-51-1201 et seq., the Historic Zoning Commission shall make the determination of whether a structure for which a demolition permit has been applied for meets the criteria of T.C.A. § 7-51-1201. If the Historic Zoning Commission determines that the structure at issue meets the criteria of T.C.A. § 7-51-1201, it shall initiate legislation to allow the Metropolitan Council the opportunity to approve or disapprove the demolition in accordance with T.C.A. § 7-51-1201 et seq.

(Ord. BL2007-45 § 1, 2008; Ord. BL2005-864 § 1, 2006; § 4(7) of Amdt. 1 with Ord. 96-555 § 10.9(B), 1997)