Fwd: New notification requirements for preservation permits

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John TeSelle

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Aug 5, 2021, 12:34:44 PM8/5/21

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Neighbors,

Please see the notice received today from the Metro Historic Commission. For areas of HWEN that are covered by a Conservation Zoning Overlay, this proposed ordinance would require public notification (paid by the property owner) when certain types of new construction or renovation work are submitted for a building permit.

---------- Forwarded message ---------
From: Zeigler, Robin (Historical Commission) <Robin....@nashville.gov>
Date: Thu, Aug 5, 2021 at 9:22 AM
Subject: New notification requirements for preservation permits

Dear Preservation Permit Applicant:

Councilmembers Murphy and Allen are working on a bill to require mailed notices and yard signs for the following types of projects in historic overlays: infill, demolition of contributing building, work on corner lots, and setback determinations. These notices will be the responsibility of the applicant. Below is the language of the substitute ordinance. The Council’s public hearing regarding this project is expected on September 7. If passed, we will provide information on the website on how to create mailing lists and signs. Attached is a draft. (The website has been revised since this draft was created and so not all links are correct at this time.) We welcome your comments on the best way to relay this information.

We are sending this to you so you have plenty of time to prepare and to ask questions of us or the councilmembers. For those of you who are frequent applicants, you may want to pre-print generic signs but please DO NOT do so yet as the attached guidance is still in draft form.

Robin

615-862-7970 x79776

Substitute Ordinance No. BL2021-621

An ordinance amending Sections 17.40.720 and 17.40.730 of the Metropolitan Code, Zoning Regulations, to require additional public notice regarding applications for permits from the Historic Zoning Commission (Proposal No. 2021Z-003TX-001).

BE IT ENACTED BY THE METROPOLITAN COUNCIL OF NASHVILLE & DAVIDSON COUNTY:

Section 1. That Section 17.40.720 of the Metropolitan Code is hereby amended by adding the following new subsection D.:

D. Historic Zoning Commission Preservation Permits. No action shall be taken by the historic zoning commission on a preservation permit application under Section 17.40.420 unless, at least ~~twenty-one~~ eleven days prior to consideration of the application by the commission, the permit applicant provides written notice by U.S. Mail of the date, time, and place of the commission meeting to all property owners ~~within one thousand feet of~~ adjacent to the subject property. The applicant shall be responsible for the costs associated with the preparation of the written notices and shall be responsible for the mailing of such written notices.

Section 2. That Section 17.40.730 of the Metropolitan Code is hereby amended by deleting the first ~~sentence~~ paragraph and replacing it with the following:

Public notice signs shall be posted in accordance with the following provisions on any property subject to council consideration of an amendment to the official zoning map, or to the consideration of a variance, hillside exception or a special exception use permit by the board of zoning appeals~~, or to the consideration of a preservation permit application under Section 17.40.420 by the historic zoning commission~~. Notwithstanding, the following provisions shall not apply to a change in zoning district title or the specific provisions therein upon the adoption or subsequent amendment of this title. Public notice signs shall be posted in accordance with subsection E of this section on any property subject to consideration of certain preservation permit applications under Section 17.40.420 by the historic zoning commission.

Section 3. That Section 17.40.730 of the Metropolitan Code is further amended by adding the following new subsection E:

E. Historic Zoning Commission Preservation Permits. Public notice signs shall be posted on any property subject to consideration by the historic zoning commission of a preservation permit application which proposes demolition of a historic building, new construction of a primary building, an addition or outbuilding for a corner lot, or any other preservation permit that requires a setback determination. The public notice sign shall be installed on affected properties no less than eleven days prior to the consideration by the historic zoning commission. The number and placement of public notice signs shall be posted in accordance with subsection C. The applicant shall be responsible for both the cost of preparation of these public notice signs and the placement of the signs in accordance with this provision.

Section 43. Be it further enacted, that this ordinance shall take effect ~~immediately~~ 60 days after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.