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Zoning Ordinance

July 14, 2021 edition. Later amendments are not incorporated into this copy. Municipal source ↗ · Download full document · Markdown

ContentsPage 80 — D. APPEALS

Page 80 — D. APPEALS

Original section ↗ · Link to this section

(2) The Athens Historic Preservation Commission (AHPC) shall review all permits for construction, repair, alteration, rehabilitation, relocation or demolition of any building or structure which is located or is proposed to be located in the designated zone, and further shall be authorized to review any construction, repair, alteration, rehabilitation, relocation or demolition project on any structure not requiring a permit in accordance with Tennessee Code Annotated, § 13-7-407(a), and which according to adopted guidelines requires a certificate of appropriateness.

(3) Historic zones and boundaries shall be recommended by the AHPC to the Athens Regional Planning Commission and Council of the City of Athens.

(4) In accordance with TCA 3-7-406, the AHPC shall adopt design guidelines for each historic district consistent with the regulations and standards adopted by the Secretary of the Interior which it will apply in ruling upon the granting or denial of a certificate of appropriateness.

(5) The AHPC shall review applications for certificates of appropriateness within thirty (30) days following the availability of sufficient data for applicable projects. If a certificate of appropriateness is denied, then the applicant shall be informed of the AHPC's finding in writing.

D. APPEALS

The AHPC shall have exclusive jurisdiction relating to historic matters. Anyone who may be aggrieved by any final order of judgment of the commission may have said order of judgment reviewed by the courts by procedures of certiorari as provided for in the Tennessee Code Annotated, Title 27, Chapter 8.

E. PUBLIC SAFETY EXCLUSION

None of the provisions of this ordinance shall be construed to prevent any action of construction, alteration, or demolition necessary to correct or abate the unsafe or dangerous condition of any resource, or part thereof, where such condition has been declared unsafe or dangerous by the city building official or the fire department and where the proposed actions have been declared necessary by such authorities to correct the said condition provided, however, that only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. In the event that any resource designated as a Local Landmark or located within the designated Local Historic Overlay District shall be damaged by fire or other calamity to such an extent that it cannot be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws, provided that:

The city building official concurs with the property owner that the resource cannot be repaired and restored and so notifies the AHPC in writing.

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Zoning Ordinance | Athens Transparency