An Ordinance amending Title 16 of the Metropolitan Code of Laws by amending section 16.28.190 to provide for compliance with T.C.A. §7-51-1201 et seq.

Whereas, T.C.A. §7-51-1201 states that no residential structure may be demolished, without Metropolitan Council approval, if it meets the following criteria:

(1) The residential structure was originally constructed before 1865;
(2) The residential structure is reparable at a reasonable cost; and
(3) The residential structure has a historical significance besides age itself, including, but not limited to, uniqueness of architecture, occurrence of historical events, notable former residents, design by a particular architect, or construction by a particular builder.

Whereas, the Metropolitan Historic Zoning Commission is uniquely qualified to make the necessary determinations under these criteria.
Section 1. That section 16.28.190 of the Metropolitan Code of Laws be amended by adding the following provision:

Any property owner or the owner's agent applying for a demolition permit for a structure that was originally constructed before 1865 shall, with the application for the permit, present to the Director of Codes Administration and the Executive Director of the Metropolitan Historical Commission at least two reports, each prepared by a Qualified Historic Restoration Consultant, stating the following:

a. The name and qualifications of the person making the report.
b. The condition of structural elements of the building proposed to be demolished. Such report should include an assessment of damage or decay, if any, to foundations, flooring, floor supports, walls and other vertical supports, ceilings, roofs and their support systems and other horizontal elements, fireplace, chimneys, exterior cladding and other exterior elements that may affect structural integrity, windows, window frames and doors and/or any fault, defect or condition that might affect the structural integrity or the water-tightness of the building.
c. An estimated cost of repair for those item(s) identified in the structural report as damaged or decayed and which affect the structural integrity of the structure.
d. A valuation from a Qualified Historic Properties Real Estate Appraiser of the building(s) proposed to be demolished.

Qualified Historic Restoration Consultant is defined as a professionally licensed Architect or General Contractor with a specialty in historic buildings, i.e., one who has worked directly on the rehabilitation or restoration of historic buildings for a minimum of ten years and/or a minimum of fifteen long-term (lasting six months or more) historic building projects. The consultant shall provide a list of qualifying historic projects, detailing their scope, budget, the consultant's scope of involvement, specific historic issues/challenges, date of completion, and client contact information. The MHZC will determine whether the consultant meets these criteria.

Qualified Historic Properties Real Estate Appraiser is defined as an individual who has a minimum of five years of professional experience working as a real estate appraiser, specifically including the valuation of historic property, buildings, and their appurtenances. For these purposes, "Historic" shall be defined as 100 years old and older. The Appraiser shall provide a listing of historic properties evaluated, with accompanying date of service and client contact information. The MHZC will determine whether the consultant meets these established criteria.

Upon receipt of the demolition permit application, the Metropolitan Historic Zoning Commission shall, at a scheduled public hearing, make the determination as to whether or not the structure 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.

Section 2. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Pam Murray, John Summers


Introduced: November 15, 2005
Passed First Reading: November 15, 2005
Referred to: Codes Committee
Planning & Zoning Committee
Withdrawn: December 6, 2005