Zoning

Plain English Breakdown

The official source material does not provide specific details on how this change will affect tourism development zones in practice or its impact on local communities and historical preservation efforts.

Changes to Historic Zoning for Tourism Development Zones

This bill allows privately owned properties built after 1899 within tourism development zones to be exempt from certain historic zoning rules and commissions' authority.

What This Bill Does

• Allows privately owned property built after 1899 in a tourism development zone to not follow historic zoning rules for non-historic aspects of projects.
• Exempts property owners from applying to the historic zoning commission if their project falls under this exception.
• Requires historic zoning commissions to accept an architect's opinion as correct unless proven otherwise with clear and convincing evidence when a project is claimed to be exempt.
• Gives local fire marshals or similar officials authority to override decisions by historic zoning commissions on projects involving life or safety issues.

Who It Names or Affects

• Property owners in tourism development zones who have buildings built after 1899
• Historic zoning commissions and their rules

Terms To Know

Tourism Development Zone

A designated area where special economic or regulatory incentives are provided to encourage tourism-related development.

Historic Zoning Commission

An organization that oversees and enforces rules related to the preservation of historic buildings and areas.

Limits and Unknowns

• The bill does not specify what happens if a project is partially exempt and partially subject to historic zoning rules.
• It's unclear how this change will affect tourism development zones in practice.
• The bill doesn't address the impact on local communities or historical preservation efforts.

Official Summary Text

Present law requires all
applications for permits for construction, alteration, repair, rehabilitation, relocation
,
or demolition of any building, structure
,
or ot
her improvement to real estate situated within a historic zone or district
to
be referred to the historic zoning commission or the regional historic zoning commission, which
has
broad powers to request detailed construction plans and related data pertinent
to thorough review of the proposal.

The historic zoning commission or the regional historic zoning commission may also review the construction, alteration, rehabilitation, relocation
,
or demolition of any building, structure
,
or other improvement on real
property, whether privately or publicly owned, which is situated in a historic district or zone, and for which a permit is not required.

This bill provides that a privately-
owned property built after 1899 that is located in whole or in part in a tourism
development zone

is not subject to the authority of a historic zoning commission or a historic zoning law, rule, review guideline, or regulation, with respect to any aspect of a project not historic in nature.
Additionally, a property owner whose project
falls within this exception is not required to make an application to a historic zoning commission.

Under this bill, a
historic zoning commission does not have authority to stop or prevent the continuation of such project if, upon notice from the histo
ric zoning commission that a project does not meet the exception set forth in
this bill,
a property owner files a good faith affidavit with the commission along with the opinion of a licensed architect that the project falls within the exception. Upon the
receipt
of the
affidavit and opinion, the historic zoning commission has no authority over the project and in any subsequent hearing or proceeding whether administrative, in a court of record, or otherwise, the opinion of the architect must be afforded a
presumption of correctness that may only be overcome by a finding of clear and convincing evidence that the project is not subject to the exception found in
this bill
.

This bill authorizes the local fire marshal or similar government official to override
a decision by a historic zoning commission, if any aspect of a project involves
any life or safety issues with respect to doors, windows, ingress, or egress over which the local fire marshal or a similar government official has authority pursuant to any l
aw
.

Current Bill Text

HOUSE BILL 1279
By Hill

SENATE BILL 340
By Lowe

SB0340
002214
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 13,
Chapter 7, Part 4, relative to historic commissions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 13-7-407, is amended by adding the
following as new subsections:
(c) Notwithstanding this part to the contrary, a privately owned property built
after 1899 that is located in whole or in part in a tourism development zone, as defined in
§ 7-88-103, is not subject to the authority of a historic zoning commission or a historic
zoning law, rule, review guideline, or regulation, with respect to any aspect of a project
that relates to or includes lighting; televisions; monitors; signs; speakers; electronic
devices, mechanisms, or equipment; weatherization such as seasonal canopies,
heaters, or tents; or any other aspect of a building, structure, or other improvement to
real property that, at the time the project commences, was not historic in nature.
(d) A property owner whose project falls within the exception set forth in
subsection (c) is not required to make an application to a historic zoning commission.
(e) A historic zoning commission does not have authority to stop or prevent the
continuation of such project if, upon notice from the historic zoning commission that a
project does not meet the exception set forth in subsection (c), a property owner files a
good faith affidavit with the commission along with the opinion of a licensed architect that
the project falls within the exception. Upon the receipt of a good faith affidavit and
opinion from a licensed architect, the historic zoning commission has no authority over
the project and in any subsequent hearing or proceeding whether administrative, in a

- 2 - 002214

court of record, or otherwise, the opinion of the architect must be afforded a presumption
of correctness that may only be overcome by a finding of clear and convincing evidence
that the project is not subject to the exception found in subsection (c).
(f) If any aspect of a project involves any life or safety issues with respect to
doors, windows, ingress, or egress over which the local fire marshal or a similar
government official has authority pursuant to any law, regulation, or rule, the fire marshal
or government official may override a decision by a historic zoning commission related to
such project.
(g) As used in this section, "project" means any construction, alteration, repair,
improvement, rehabilitation, relocation, or demolition of any building, structure, or other
improvement to real property, or any aspect thereof.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.