Historic Zoning Commission members are looking at improving the historic district design guidelines in an effort to put more bite on property owners who choose to violate the rules.
“We would like for our guidelines to have teeth and not just be advisory,” said HZC member Ryan J. Moore. “Is that possible?”
“Of course it is,” said Dan Brown, a certified local government coordinator from the Tennessee Historical Commission. “State legislation gives you full authority and that your design guidelines have the force of law and are only changeable in Chancery Court. From a legal standpoint, you have the right and your design guidelines have the force of law in your historic district. In order to make changes to the guidelines, you do have to hold a public meeting.”
HZC members requested a presentation from the state organization to advise them on tightening their guidelines to prevent, among other items, any more historic wood windows from being replaced with vinyl ones.
“Wood windows are really one of the most character-defining historic elements to buildings,” said Brown. “They really, really are. Buildings that have lost their original windows usually cannot get on the national historic registry. It is a very important element.”
The Tennessee Historical Commission offers free consultations to municipalities, as well as reimbursable grants to pay 60 percent of master planning, design guidelines, surveys, training, brochures and school programs. The 40 percent match can be met with in-kind work.
HZC members have had prior incidents with property owners who replace wood windows with vinyl windows without approval. The situation has been left unchecked to the point where the city’s legal counsel has said it would be an uphill battle for the city to begin enforcement now.
Planning and Zoning manager Josh Baker asked about the possibility of enforcement with new guidelines.
“I’m assuming, if we revise the guidelines, that would be a good time to start fresh and we could start enforcing some things that maybe we haven’t in the past,” said Baker.
Brown agreed.
“It’s like the speed limit,” he said. “You may have had a 50 mph limit. However, you can lower that to 40 or 30. It doesn’t matter that it used to be 50 mph. You can still enforce the new speed limit.”
Moore added, “We don’t want to make it hard on anybody who has done something in violation of the current historic district guidelines. We just want improvement for the future.”
No steps were taken to begin the process of revamping the historic district guidelines.
Brown presented members with a printout of “popular window replacement myths.” According to the information, it’s a myth that:
• Vinyl windows are “maintenance free.”
• Old wood windows are not as energy efficient as vinyl windows.
• Replacement windows look just like historic wood windows.
• Replacement windows are the “greener” option.
• Old wood windows are highly susceptible to rot.
• It’s pointless to restore an old wood window when it will just be covered up with a modern storm window.
• It is more expensive to restore an old wood window than to replace it.
• Old wood windows have lead paint and should be discarded.
Historic zoning officials seek guidelines with teeth
