Tennessee § 5-1-129 - Design review commission.

§ 5-1-129. Design review commission.

It is the intent of the general assembly that all appropriate actions should be taken to authorize the local legislative body in any county having a population of not less than one hundred sixty thousand six hundred (160,600) nor more than one hundred sixty thousand seven hundred (160,700), according to the 2010 federal census or any subsequent federal census which has county-wide zoning to protect the manner in which growth and construction of buildings are regulated in areas of historical significance to a locality, the county and the state. The county legislative body of a county to which subdivision (a)(1) applies may create a design review commission, referred to in this section as “DRC,” having the authority to develop general guidelines for the exterior appearance of and entrance to properties which are located in an area of historical significance to a locality, the county and the state. The only properties to which this section applies located in such area must be: Nonresidential property; or Multiple family residential property. The county legislative body may designate the planning commission as the design review commission. When developing the guidelines for the exterior appearance of and entrance to properties identified in subdivision (a)(2), the county legislative body or planning commission must obtain input from citizens living within the area as well as from persons who have an interest in and knowledge of preservation of historic buildings. When the county creates a separate DRC, the county mayor or county executive or metropolitan mayor shall appoint the members of the DRC from residents of the county and shall strive to ensure that the membership is representative of the county as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building. If a municipality within a county has a planning region outside of its current corporate limits, and the municipality has a DRC that has adopted guidelines, then the county's DRC shall adopt the same guidelines as the municipality for that area within the municipality's planning region insofar as such guidelines meet the requirements of subsection (a). The county DRC guidelines adopted pursuant to subsection (a) shall not apply within the corporate limits of any municipality unless the municipality adopts such county's DRC guidelines. This section shall not apply to any agricultural buildings in the unincorporated area of the county. The county DRC guidelines adopted pursuant to subsection (a) shall be subject to approval by the county legislative body. Once approved, county building permits issued pursuant to § 13-7-110 or similar law, shall be withheld for noncompliance with DRC guidelines. Any property owner affected by the guidelines or the withholding of a building permit due to noncompliance with such adopted DRC guidelines may appeal a decision of the DRC or the county building commissioner or similar official to the county board of zoning appeals created pursuant to § 13-7-106, or similar law, for a final decision. Nothing in this section shall be construed to apply to “outdoor advertising” as defined in § 54-21-102. Acts 2012, ch. 1034, § 1. Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.