(A)   It is the intent of this District to preserve the historic sites and structures of the Town of Collierville. The requirements of the District are designed to protect and preserve historic and/or architectural value; create an aesthetic atmosphere; strengthen the economy; promote cultural welfare; stabilize and improve property values; encourage rehabilitation and compatible new construction and development; protect and enhance the Town’s attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; and promote education and patriotic heritage of the present and future citizens of the community.

   (B)   In order to achieve the intent of the H-1 Historic District, as shown on the Official Zoning Map of Collierville, Tennessee, the following regulations shall apply:

      (1)   Any use permitted by the existing zoning classification is also permitted by the H-1 Historic District;

      (2)   The H-1 District classification may be superimposed in addition to existing zoning classification where the following criteria shall be determined to exist by the Historic District Commission;

      (3)   The quality of significance in American history, architecture, archeology and culture is present in districts, sites, buildings and structures that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:

         (a)   That are associated with events that have made a significant contribution to the broad patterns of our history;

         (b)   That are associated with the lives of persons significant in our past;

         (c)   That embody the distinctive characteristics of a type, period or method of construction or that represent the work of a master, that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or

         (d)   That have yielded or may be likely to yield archaeological information.

(`00 Code, § 11-1301) (Ord. 2003-03, passed 2-10-03)

   (A)   Purpose. The Historic District Commission is organized for the purposes of preserving historic and/or architectural value, creating an aesthetic atmosphere, strengthening the economy, promoting cultural welfare, stabilizing and improving property values, encouraging rehabilitation and compatible new construction and development, protecting and enhancing the town’s attractions to tourists and visitors, and promoting education and patriotic heritage.

   (B)   Membership.

         (a)   Architectural history;

         (b)   Law;

         (c)   History;

         (d)   Archaeology;

         (e)   Landscape architecture;

         (f)   Real estate;

         (g)   Planning; or

         (h)   Engineering;

and the remaining members shall be appointed from the community in general. All members shall have a demonstrated interest, experience, or knowledge in historic preservation.

      (2)   The terms of all Members shall be five years, and the Members’ terms shall be arranged so that the term of at least one Member but not more than two members shall expire each year. Despite the expiration of a Member’s terms, he or she shall continue to serve until his or her successor is elected and qualified.

      (3)   All Members shall serve without compensation.

      (4)   A majority of the Board of Mayor and Aldermen may vote to remove a Member or Members.

      (5)   Any vacancy by reason of death, resignation, or other cause shall be filled for the unexpired term of the member through appointment by the Mayor within sixty days of the vacancy, subject to confirmation by the Board of Mayor and Aldermen.

   (C)   Officers.

      (2)   The Chairperson shall preside at all meetings of the Historic District Commission. The Chairperson shall have the power to appoint committees, call special meetings and to perform such other duties as may be ordered by the Board of Mayor and Aldermen or the Historic District Commission. Subject to division (D)(6), the Chairperson shall have the privilege of discussing all matters before the Historic District Commission and to vote thereon.

      (3)   The Vice-Chairperson shall preside at all meetings and assume all duties and powers of the Chairperson in the absence of the Chairperson.

      (4)   The Secretary shall oversee staff as they keep the official minutes, maintain a record of membership attendance, and notify the membership of the meeting date, time, and location. In the absence of the Secretary, the Chairperson shall appoint any Member to serve as temporary secretary. The Secretary shall preside at all meetings and assume all duties and powers of the Chairperson in the absence of the Chairperson and he Vice-Chairperson.

      (5)   The Parliamentarian shall advise the Commission during meetings regarding Robert’s Rules of Order, Revised.

      (6)   The Historian shall advise Town staff and the Commission during meetings regarding the Town of Collierville’s history.

      (7)   Nomination of Officers shall be made from the Members and the Members shall elect Officers at an annual organizational meeting to be held in February.

      (8)   The nominee for each office receiving a majority vote of the Members present shall be declared elected and shall take office immediately following election.

      (9)   All officers shall be elected for a term of one year and shall serve for a term of one year or until his or her successor is elected. All Officers shall be eligible to succeed themselves. Vacancies shall be filled immediately for any unexpired term by the regular election procedure.

      (10)   An Officer may resign at any time by delivering his or her resignation to the Historic District Commission. An Officer’s resignation shall be effective when delivered unless it specifies a later effective date. If an Officer’s resignation is made effective at a later date and the Historic District Commission accepts the future effective dare, the Historic District Commission may fill the pending Officer vacancy before the effective date if the Historic District Commission provides that the successor shall not take office until the effective date.

   (D)   Meetings.

      (2)   All meetings and the records of such meeting shall be open to the general public. the Historic District Commission may request any member of Town staff, the Town Attorney, or any other individual whose attendance is deemed desirable, to be present at any meeting of the Historic District Commission. Notice of such meeting shall be published in a newspaper in general circulation within the Town limits at least three days prior to the date of such meeting.

      (3)   Four Members shall constitute a quorum. A quorum shall be present before any business is transacted.

      (4)   Each Member is entitled to cast a vote. The concurring vote of a majority of those Members present shall constitute final action of the Historic District Commission on any matter before the Historic District Commission.

      (5)   A record of the vote of each Member on each question shall be kept as a part of the minutes of the Historic District Commission. If a Member is absent or it a Member does not vote, the record shall indicate such fact.

      (6)   If any Member shall have a direct or indirect personal interest in any business before the Historic District Commission, such Member shall disclose the interest to the Historic District Commission and shall be disqualified from voting upon this business.

      (7)   The Historic District Commission shall consider only such items of business at the meeting that have been presented to the Members 48 hours prior to the meeting. As an exception to the above, business not on the agenda may be considered only on the following basis:

         (a)   After the Chairperson considers additional business not on the agenda deserving of special consideration and presents the general nature of the business without going into specific details; and

         (b)   After a motion for consideration of the business in question has been made and has received a majority vote of the Members present.

      (8)   The order of business at a meeting shall be as follows:

         (a)   Roll call to determine that a quorum is present;

         (b)   Reading and approval of the minutes of previous meeting;

         (c)   Old business;

         (d)   New business;

         (e)   Committee reports;

         (f)   Other business;

         (g)   Adjournment.

      (9)   During a meeting, the case before the Historic District Commission shall be presented by the Chairperson, by a Member designated by the Chairperson, or by the Town’s Development Director or his or her designee. Interested parties shall then have the opportunity to submit comments either in person or in writing.

      (10)   A public record shall be kept of those speaking before the Historic District Commission at all public hearings or presenting comments in writing.

   (E)   Meeting attendance.

      (2)   Absences due to personal sickness, family death, business travel or emergencies of like nature, shall be recognized as approved absences and shall not affect the Member’s status on the Historic District Commission, except that in the event of a long illness or such other cause for a prolonged absence, the Member shall be replaced.

   (F)   Adoption and amendments.

      (2)   These by-laws may be amended or repealed only by the Board of Mayor and Aldermen.

   (G)   Order of business. Roberts Rules of Order, revised, shall apply at all meetings, unless in conflict with provisions set forth in these by-laws as adopted and/or amended.

(`00 Code, § 11-1302) (Ord. 2003-03, passed 2-10-03; Am. Res. 2004-31, passed 6-28-04)

   (A)   Procedure.

      (1)   The owner or authorized agent of the owner of a property or properties may apply to the Historic District Commission for inclusion in (or removal from) the local historic district. An application shall be filed with the Department of Development Services and a public hearing held at a special or regularly scheduled meeting of the Historic District Commission.

      (2)   The Historic District Commission shall make a recommendation in writing to the Planning Commission regarding the creation of any local historic landmarks or local historic district. A rezoning application (for the addition of the historic district overlay) shall be submitted to the Planning Commission. The designation of such landmarks or districts will follow the rezoning process.

      (3)   The Board of Mayor and Aldermen shall review and consider the recommendations of the Historic District Commission and Planning Commission prior to the establishment of any local historic landmark or district. Any action to rezone historic property shall be subject to the requirements of this chapter.

   (B)   Criteria. The following criteria shall be used by the Commission in considering a property for inclusion in (or removal from) the local historic district:

      (1)   The presence of qualities significant in American history, architecture, archaeology, and culture.

      (2)   The subject district, site, building, or structure possess integrity of location, design, setting, materials, workmanship, feeling, and association, and:

         (a)   Are associated with events that have made a significant contribution to the broad patterns of our history; or

         (b)   Are associated with the lives of persons significant in our past; or

         (c)   Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that posses high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

         (d)   Have yielded, or may be likely to yield archaeological information.

(`00 Code, § 11-1303) (Ord. 2003-03, passed 2-10-03)

   The Historic District Commission shall use the Secretary of the Interior’s Standards for Rehabilitation as the basis for design guidelines created for each district or landmark. Design guidelines are criteria and standards which the Collierville Historic District Commission and the Development Director must consider in determining the appropriateness of proposed work within a historic district.

(`00 Code, § 11-1304) (Ord. 2002-15, passed 9-9-02; Am. Ord. 2003-03, passed 2-10-03)

   (A)   If a Certificate of Appropriateness has been denied to a property owner within the Historic Zoning District, then the property owner has the right to present evidence to the Historic District Commission that such denial creates an economic hardship for the owner. To prove the existence of a condition of economic hardship, the applicant must establish, and the Commission must find, both of the following:

      (1)   The building or site is incapable of earning a reasonable economic return. This finding shall be made by considering, and the applicant shall submit to the Commission, evidence establishing, each of the following factors:

         (a)   The applicant’s knowledge of the structure or property’s designation within the Historic District at the time of acquisition, or whether the property was designated subsequent to acquisition.

         (b)   That by reason of exceptional deterioration of the structure or by reason of the particular economics of the proposed project, the strict application of the district specific design guidelines would result in peculiar and practical difficulties or undue economic hardship upon the owner to develop the property in accordance with the district specific design guidelines.

         (c)   That the relief of the peculiar hardships would not establish substantial detriment to the public good or substantially impair the intent and purpose of the Historic Zoning Ordinance.

         (d)   That the peculiar hardship would apply to the particular land or building regardless of the owner.

         (e)   That the peculiar hardship is not created as the result of an act on the part of the applicant or previous grantor within the preceding two years.

         (f)   The current level of economic return on the property as considered in relation to the following:

            1.   Estimate of the cost of the proposed construction, alteration, demolition, removal or significant landscaping and an estimate of any additional cost that would be incurred to comply with the recommendation of the Historic District Commission for modificaton necessary for the issuance of a Certificate of Appropriateness.

            2.   Estimated market value from a licensed real estate appraiser or the County Tax Assessor of the property:

               a.   In its current condition;

               b.   After completion of the construction, alteration, demolition or removal;

               c.   After any construction or alteration recommended by the Historic District Commission; and

            3.   In the case of a proposed demolition, an estimate from an architect, engineer, licensed general contractor, real estate consultant, appraiser or other professional experienced in the rehabilitation of historic structures as to the structural soundness and integrity of the structure and the economic feasibility of rehabilitation or rescue of the existing structure on the property.

            4.   If the property is income-producing, the annual gross income from the property for the previous two years including an itemization of operating and maintenance expenses for the previous two years and depreciation deduction and annual cash flow before and after debt services, if any, during the same period.

            5.   All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property.

            6.   Any listing of the property for sale or rent, price asked and offers received, if any within the previous two years.

            7.   Real estate taxes for the previous two years.

            8.   Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other.

      (2)   That the applicant has the present intent and the secured financial ability, demonstrated by documentary evidence and by those plans and materials which would otherwise be required in order to secure a Building permit from the Building Official, to replace the historic building or structure with a building of comparable size and architectural character to that proposed for demolition or relocation.

   (B)   Hearing and determination.

      (1)   The Historic District Commission shall review the application for Certificate of Economic Hardship and schedule a public hearing in the same manner it would for a Certificate of Appropriateness. The Commission may receive testimony concerning economic hardship of the property at the hearing. Furthermore, the Historic District Commission may solicit expert testimony or require that the applicant or the applicant’s agent make additional submissions concerning the reasonable use or economic return of the property.

      (2)   Following review by the Historic District Commission and prior to the close of the public hearing, the Historic District Commission shall issue or deny the Certificate of Economic Hardship. Written notice of the approval or denial of the application for a Certificate of Economic Hardship shall be provided to the applicant and to the Building Official if a building permit is needed. The Historic District Commission shall state in written notice, all specific guidelines, requirements and conditions to which the certificate is subject or reasons for the denial of the application. The applicant may resubmit an amended application or reapply for a Certificate of Economic Hardship that takes into consideration the recommendations of the Historic District Commission.

(`00 Code, § 11-1305) (Ord. 2003-03, passed 2-10-03)

   (A)   Certificate of appropriateness required.

      (1)   Any person undertaking construction, alteration, renovation, relocation, or demolition within the H-1 Historic District must apply to the Historic District Commission for a certificate of appropriateness pursuant to the requirements of this chapter, except for:

         (a)   Work undertaken for the purpose of ordinary repair and maintenance; or

         (b)   Construction, alteration, renovation, relocation, or demolition of any sign that is not within the scope of the sign regulations, as set forth in § 151.175, or that is exempt from the sign permit requirement as set forth in § 151.176(B); provided, however, that a Certificate of Appropriateness shall be required for the construction, alteration, renovation, relocation, or demolition of convenience signs and integral signs as defined in § 151.171; or

         (c)   Those activities that the Development Director is authorized to approve, as described in this chapter.

      (2)   No building permit shall be issued for construction, alteration, renovation, relocation or demolition to be conducted within the H-1 Historic District until there has been a determination with respect to such proposed activities by the Historic District Commission or the Development Director, as applicable, and, if subject to review by the Historic District Commission, the issuance of either a Certificate of Appropriateness or a Certificate of Economic Hardship by the Historic District Commission.

      (3)   The failure of a property owner or the property owner’s representative to obtain a Certificate of Appropriateness before commencing construction, alteration, renovation, relocation, or demolition within the H-1 Historic District or the failure of said parties to comply with the requirements of a Certificate of Appropriateness shall constitute a violation of this section.

   (B)   The Historic District Commission or the Development Director, as applicable, shall issue a Certificate of Appropriateness if, upon application and after hearing, it finds:

      (1)   That the property owner or property owner’s representative has established that the proposed alteration or activity complies with the standards for review set forth by this chapter and regulated by the Commission and conforms to the purpose and intent of this chapter; and

      (2)   That creating, changing, demolishing, or altering the exterior architectural features of the structure, improvement or site upon which the work is to be done will not have a substantial adverse impact on the aesthetic, historic or architectural significance and value of either the property itself or of the neighboring improvements in the district.

   (C)   Administration shall be by the Department of Development Services and the Historic District Commission. All items regulated within the H-1 District shall be submitted to the Commission through the Department of Development Services through the office of the Director.

   (D)   Building permit required.

      (1)   The issuance of a Certificate of Appropriateness shall enable the applicant to obtain the appropriate permit from the Building Official and to proceed with the proposed alteration or activity.

      (2)   All work that required the issuance of a building permit prior to the establishment of the H-1 Historic District shall constitute to require a building permit.

      (3)   The following procedure shall be followed for the issuance of building permits:

         (a)   Applications for building permits within the H-1 Historic District shall be made to the office of the Development Director and all such applications shall be referred to the Historic District Commission. The Historic District Commission shall have broad powers to request detailed construction plans and related data pertinent to thorough review of any application.

         (b)   Upon receiving an application for a Certificate of Appropriateness the Historic District Commission shall, within 45 days following the availability of sufficient data, issue to the office of the Development Director a letter stating its approval with or without attached conditions or disapproval with the grounds for disapproval stated in writing. In reviewing the proposed project, the Commission may confer with the applicant or the applicant’s authorized representative.

         (c)   The office of the Development Director shall additionally review applications for building permits (which have received written approval from the Historic District Commission) in the same manner review is performed for building permit applications outside of the H-1 Historic District, and final issuance or rejection shall additionally be based upon the adopted Building Codes of the Town of Collierville. The fee charged for building permits within the H-1 Historic District shall conform to existing fee schedules for building permits in any other zoning district within the Town of Collierville.

   (E)   Transfer of Certificate of Appropriateness or Certificate of Economic Hardship prohibited. The transfer of a Certificate of Appropriateness or Certificate of Economic Hardship from one structure, improvement project, or site to another structure, improvement project or site or from one person to another is prohibited.

   (F)   Effective period of Certificate of Appropriateness and Certificate of Economic Hardship. Each determination of Certificate of Appropriateness or Certificate of Economic Hardship issued under the provisions of this chapter shall expire and become null and void if the alteration, construction, repair, removal, relocation or demolition for which the determination was issued is not completed as required by the Certificate of Appropriateness and in accordance with the conditions established by the Historic District Commission.

(`00 Code, § 11-1306) (Ord. 2003-03, passed 2-10-03; Am. Ord. 2005-01, passed 2-14-05; Am. Ord. 2010-01, passed 8-23-10)

   Every person in charge of an improvement in a historical district shall keep in good repair all of the exterior portions of such improvements and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair.

(`00 Code, § 11-1307) (Ord. 2003-03, passed 2-10-03)

   In any case where a Town enforcement agency shall order or direct the construction, removal, alteration or demolition of any improvement in an historic district for the purpose of remedying conditions determined to be dangerous to life, health or property, nothing contained in this chapter shall be construed as making it unlawful for any person, without prior issuance of a letter of approval pursuant to this subchapter, to comply with such order of direction. However, the enforcement agency shall give the Commission notice of any proposed order or direction which affects or may affect the exterior appearance of any structure or site on or in the environs of a historic district. Except in cases affecting public health and safety, the Commission shall be afforded adequate opportunity to review and provide written comments upon any action proposed by an enforcement agency within a historic district prior to the initiation of any said action.

(`00 Code, § 11-1308) (Ord. 2003-03, passed 2-10-03)

   (A)   Where it appears that the owner or person in charge of an improvement on a landmark site or preservation site threatens or is about to do or is doing any work in violation of this subchapter, the Town Attorney for the Town of Collierville may apply to an appropriate court for an injunction against such violation or this subchapter. If an order of the court enjoining or restraining such violation does not receive immediate compliance, the Town Attorney shall forthwith apply to an appropriate court to punish said violation pursuant to law.

   (B)   A violation of this subchapter is punishable by a fine not to exceed $50, or the maximum amount permitted by state law, whichever is greater. Each day that a violation continues shall constitute a separate offense.

(`00 Code, § 11-1309) (Ord. 2003-03, passed 2-10-03)

   (A)   Notwithstanding any provision contained herein relative to the duties and authority of the Historic District Commission, the Development Director shall have the authority to approve, with no further approval being necessary, applications relative to property in this Historic District limited to the following:

      (1)   Replacement of existing materials with similar materials;

      (2)   Relocation of a site feature, such as a fence, light post, or entry pillar;

      (3)   Extension of an existing fence;

      (4)   Removal of a minor non-compliant architectural element, such as shutters, wall-mounted light fixtures, and building and then the addition of and/or replacement with a compliant element;

      (5)   Screening of trash receptacles, mechanical and utility equipment, and other similar unsightly site features or building elements;

      (6)   Relocation of a sign from one property to another property if said sign meets the requirements of the Town Code and Historic District Design Guidelines at the new location; and

      (7)   New signs if said sign meets the requirements of the Town Code and Historic District Design Guidelines.

   (B)   The applicant may appeal an administrative decision related to a certificate of appropriateness to the Historic District Commission.

(Am. Ord. 2011-11, passed 12-12-11)

   If any section, sentence, clause or phrase of this subchapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalid unconstitutionality shall not affect or impair any other section, sentence, clause or phrase.

(`00 Code, § 11-1310) (Ord. 2003-03, passed 2-10-03)