An Ordinance amending Title 17 of the Metropolitan Code of Laws by amending section 17.40.410 relative to demolition of residential structures (Proposal No. 2006Z-003T).

Whereas, T.C.A. §7-51-1201 provides 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;

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That section 17.40.410 be amended by adding the following provision:

F. Compliance with T.C.A. §7-51-1201 et seq. For the purposes of complying with T.C.A. §7-51-1201 et seq., the Historic Zoning Commission shall make the determination of whether a structure for which a demolition permit has been applied for 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

LEGISLATIVE HISTORY
Introduced:	November 15, 2005
Passed First Reading:	November 15, 2005
Referred to:	Planning Commission - Approved 8-0 (December 8, 2005) Planning & Zoning Committee
Passed Second Reading:	January 5, 2006
Passed Third Reading:	January 17, 2006
Approved:	January 18, 2006
By:
Effective:	January 21, 2006