Subject: 9544/Historic Zoning/Amend 9250 Date: Wed, 20 Feb 1991 15:50:00 -0500 ORDINANCE NO. 9544 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 10, BY MAKING DELETIONS OR ADDITIONS TO SECTIONS 10-12 THROUGH 10-15 RELATIVE TO HISTORIC ZONING ORDINANCE NO. 9250, AS AMENDED. _________________________________ WHEREAS, the City Council of the City of Chattanooga, Tennessee, has determined that it is in the best interest of the citizens of Chattanooga, Tennessee, to amend Chattanooga City Code, Part II, Chapter 10, Sections 10-12 through 10-15 relative to the Historic Zoning Ordinance; NOW, THEREFORE, SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Chattanooga City Code, Part II, Chapter 10, Section 10-12, "K" is amended by deleting the phrase: aesthetically. More specifically, a Local Historic District is an area which: and substituting in lieu thereof the following: aesthetically, and which meets one or more of the following criteria: wherefore Section 10-12, "K" in its entirety, reads as follows: K. Local Historic District: An area, designated by the Chattanooga City Commission which possesses a significant concentration or continuity of sites or buildings which are significant historically, architecturally, or aesthetically, and which meets one or more of the following criteria: (1) Is associated with an event which has made a significant contribution to local, state or national history; (2) Includes structures associated with the lives of persons significant in local, state or national history; (3) Contains structures or groups of structures which embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; (4) Has yielded or may be likely to yield archaeological information important in history or prehistory; or (5) Is listed in the National or Tennessee Registers of Historic Places. [Acts 1982 (Adj.S.), ch. 814, 1.] SECTION 2. BE IT FURTHER ORDAINED, That Section 10-12, "L" is amended by deleting the phrase: aesthetically. More specifically, a Local Historic Landmark is a structure which: and substituting in lieu thereof the following: aesthetically, and which meets one of more of the following criteria: wherefore Section 10-12, "L" in its entirety, reads as follows: L. Local Historic Landmark: A single property or structure, designated by the Chattanooga City Commission, which is significant historically, architecturally, or aesthetically, and which meets one or more of the following criteria: (1) Is associated with an event which has made a significant contribution to local, state or national history; (2) Is associated with the lives of persons significant in local, state or national history; (3) Embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; (4) Has yielded or may be likely to yield archaeological information important in history or prehistory; or (5) Is listed in the National or Tennessee Registers of Historic Places. [Acts 1982 (Adj.S.), ch. 814, 1.] SECTION 3. BE IT FURTHER ORDAINED, That Section 10-13, C.5, is amended by deleting said subsection in its entirety and substituting in lieu thereof the following: The Historic Zoning Commission shall provide Reports of the status of approved Certificates of Appropriateness and Certificates of Economic Hardship to the Building Inspection Division. Such status reports shall be made available to the public at the Office of the Chattanooga-Hamilton County Regional Planning Commission. SECTION 4. BE IT FURTHER ORDAINED, That Section 10-14, "C" be amended by deleting subsection 8 in its entirety and substituting in lieu thereof new paragraphs 10 and 11, making appropriate numerical revisions, as follows: 11. That it is listed in the National Register of Historic Places. SECTION 5. BE IT FURTHER ORDAINED, That Section 10-14, "D" is amended to read as follows: D. Proceedings (1) Historic Districts Upon receipt of an application for nomination as a Local Historic District, the Historic Zoning Commission shall hold a minimum of one (1) public meeting in or near the proposed district at which members of the public shall be allowed to hear the proposal, view maps and other materials, ask questions of the commissioners or applicant, and express support or opposition to the application. Such meeting shall be held in a school, church or other public or semi-public facility, in or near the proposed district. Such meeting shall be advertised in a local, city-wide newspaper. Following the meeting in the neighborhood, a final meeting shall be held at City Hall or Annex thereto during which the HZC shall make a resolution recommending that the City Council accept or deny the application for nomination as a local historic district. Such meeting shall be advertised in a local, city-wide newspaper. The resolution shall be accompanied by a report to the City Council containing the following information: a. Explanation of the significance or lack of significance of the nominated local historic district as it relates to the criteria for designation. b. Explanation of the integrity or lack of integrity of the nominated local historic district. c. Proposed design guidelines for applying the criteria for review of Certificates of Appropriateness to the nominated local historic district. d. A map showing the location of the nominated Local Historic District. Upon receipt of a recommendation for nomination as a Local Historic District from the Historic Zoning Commission, the City Council shall conduct a hearing on the resolution using the same administrative procedure with which they decide zoning cases except that there shall be no referral to the Chattanooga-Hamilton County Regional Planning Commission during which they shall either grant or deny status as a Local Historic District. Upon City Council approval of the Local Historic District, current photographs or a video of all sides visible from the public thoroughfares of all structures in the District shall be taken to serve as baseline documentation for future proceedings. The recommendations and report of the Historic Zoning Commission shall be available to the public. (2) Historic Landmarks Upon receipt of an application for nomination as a Local Historic Landmark, the Historic Zoning Commission shall hold a minimum of one (1) public meeting in the Chattanooga City Hall or any Annex thereto at which members of the public shall be allowed to hear the proposal, view maps and other materials, ask questions of the commissioners or applicant, and express support or opposition to the application. Such meeting shall be advertised prior to the meeting through a local, city-wide newspaper. Following the landmark meeting(s), a final meeting shall be held at City Hall or any Annex thereto during which the Historic Zoning Commission shall make a Resolution recommending that the City Commission accept or deny the application for nomination as a Local Historic Landmark. Such meeting shall be advertised prior to the meeting through a local, city-wide newspaper. The Resolution shall be accompanied by a report to the City Commission containing the following information: a. Explanation of the significance or lack of significance of the nominated Local Historic Landmark as it relates to the criteria for designation; b. Explanation of the integrity or lack of integrity of the nominated landmark; c. In the case of a nominated Landmark found to meet the criteria for designation; (i) The types of significant exterior architectural features of the Landmark that should be protected. (ii) The types of alterations that should be reviewed for appropriateness. (iii) Proposed design guidelines for reviewing applications for Certificates of Appropriateness. d. A map showing the location of the nominated Local Historic Landmark. The recommendations and report of the Historic Zoning Commission shall be available to the public. SECTION 6. BE IT FURTHER ORDAINED, That Section 10-15, "A", be amended by deleting in its entirety and substituting in lieu thereof the following: All applications for permits for construction, alteration, rehabilitation, relocation, or demolition of any building, structure, or other improvement to real estate situated within a Local Historic District shall require a Certificate of Appropriateness. Any construction, alteration, rehabilitation, relocation or demolition of any building, structure or other improvements on real property, whether privately or publicly owned, which is situated within a Local Historic District and for which a permit is not required, shall require a Certificate of Appropriateness. Any alteration, rehabilitation, relocation, or demolition of a Local Historic Landmark, whether privately or publicly owned, shall require a Certificate of Appropriateness. SECTION 7. BE IT FURTHER ORDAINED, That Section 10-15, C.2, last paragraph be amended by deleting said paragraph in its entirety. SECTION 8. BE IT FURTHER ORDAINED, That Section 10-15, "D", be amended by adding paragraph "I" and "II" as follows: I. Administrative Review. Staff approval may be provided for work that meets the design guidelines and is not one of the following: New construction of primary structures, outbuildings, or garages; additions, demolition; parking lots. II. Historic Zoning Commission Review. The Historic Zoning Commission must review all applications for new construction of primary structures, outbuildings, garages, additions; demolition and parking lots as well as any applications that the staff refers to the Historic Zoning Commission. SECTION 9. BE IT FURTHER ORDAINED, That the following sections be added to the Historic Zoning Ordinance: Section 10-21. Moratorium for Proposed Historic Preservation Landmark or Historic Districts. There shall be a moratorium on the granting of permits to demolish, construct, reconstruct, renovate, grade, or in any way alter any structures or land recommended for designation as a local historic district or landmark pursuant to this article. The moratorium shall begin with the passing of a resolution by the Historic Zoning Commission recommending that the City Council accept the application for nomination as a Local Historic District or Local Historic Landmark, and the moratorium shall end when the City Council either grants or denies status as a Local Historic District or Local Historic Landmark. Section 10-22. Right of Entry upon Land. The Commission, its members and employees, in the performance of its work, may enter upon any land within its jurisdiction and make examinations and surveys and place or remove public notices as required by this Ordinance, but there shall be no right of entry into any building without the consent of the owner. SECTION 10. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That this Ordinance shall take effect two (2) weeks from and after its passage as required by law, the public welfare requiring it. _/s/_________________________ CHAIRPERSON PASSED on Third and Final Reading April 30 1991. APPROVED:____DISAPPROVED:____ DATE:__________________, 1991. _/s/_________________________ MAYOR