§ 5.80. HZ Historical Overlay Zone.

5.80.01. General description.

The HZ, Historical Overlay Zone, designates areas and structures of sufficient historical and cultural significance to warrant public protection. It is the intent to preserve and protect such structures in their present location or to provide for their moving to a special HZ, Historical Overlay Zone, location, and to require that new construction, alteration or use shall be appropriate to their character. It is not intended that the use of these structures shall be regulated by this zone.

5.80.02. Uses permitted. Property and buildings in an HZ, Historical Overlay Zone shall be used for purposes permitted in the zone in effect at the time of historic zoning or subsequent general zone regulations legislatively approved for the property.

5.80.03. Nonconforming uses and structures. The historical zoning commission may permit the remodeling or rebuilding of a nonconforming structure for the purpose of continuing a use which was lawfully existing at the time any HZ, Historical Overlay Zone, was created; provided, however, that any such remodeling or rebuilding shall be done in a manner so that the design and appearance of the remodeled or rebuilt structure is, in the opinion of the historic zoning commission, in keeping with the historical and cultural character of the district.

5.80.04. Area regulations, height regulations and off-street parking. To be in accordance with the zone requirements in effect at the time of historic classification, or subsequent amendments, and any recommendations of the historic zoning commission, as set forth by general findings in the particular case.

5.80.05. Area boundary. The historic zoning commission may recommend establishing a zone boundary around structures warranting public protection which includes adjoining property having a conspicuous visual relationship to the historic structure and which boundary may extend up to one-quarter (¼) mile from the property line of the land pertaining to any such historic structure.

5.80.06. Historic zoning commission: creation; appointment of members; term of office; jurisdiction and powers. For the purpose of enforcing the historic zoning regulations, a historic zoning commission is hereby established, and said commission shall consist of five (5) members, to be appointed by the county mayor, subject to confirmation by the county board of commissioners.

The membership of the commission shall consist of a representative of a local patriotic or historical organization; an architect, if available; a person who is a member of the local planning commission at the time of such person's appointment; and the remainder shall come from the community in general. Each member shall serve for a term of five (5) years, except, in constituting this body, four (4) members will serve terms from one (1) to four (4) years so that the term of one (1) member will expire each year, with their successors to serve a full term. All members shall serve without compensation. The commission may adopt rules and regulations not inconsistent with T.C.A. Title 13 concerning public planning and housing.

5.80.07. Permits: Procedure; criteria. All applications for permits for construction, alterations, repair, moving or demolition to be carried on within the HZ, Historical Overlay Zones shall be referred by the building inspector to the historic zoning commission who shall have broad powers to request detailed construction plans and related data pertinent to thorough review of the proposal. The historic zoning commission shall within sixty (60) days following the availability of permit application, direct the granting of the permit with or without attached conditions, or direct the refusal of the permit, and shall state the grounds for refusal in writing. Upon review of the application for the permit, the historic zoning commission shall give prime consideration to:

A.

Historical and/or architectural value of the present structure.

B.

The relationship of the exterior architectural features of such structure to the rest of the structure and to the surrounding area.

C.

The general compatibility of exterior design, arrangement, texture, and materials proposed to be used.

D.

And to any other factor, including aesthetic, which it deems to be pertinent.

Exclusive jurisdiction relating to historical matters is placed in the five (5) member historic zoning commission. Anyone who may be aggrieved by any final order or judgment of the commission may have said order or judgment reviewed by courts by the procedure of statutory certiorari as is provided for in T.C.A. 27-902 and 27-903 [now T.C.A. §§ 27-9-102 and 27-9-103].

(Ord. No. O-96-2-101, § 1, 3-25-96; Ord. No. O-12-9-102, § 1(Exh. A), 10-22-12; Ord. No. O-12-9-103, § 1(Exh. A), 10-22-12)