HB 1279

Present law requires all applications for permits for construction, alteration, repair, rehabilitation, relocation , or demolition of any building, structure , or ot her improvement to real estate situated within a historic zone or district to be referred to the historic zoning commission or the regional historic zoning commission, which has broad powers to request detailed construction plans and related data pertinent to thorough review of the proposal. The historic zoning commission or the regional historic zoning commission may also review the construction, alteration, rehabilitation, relocation , or demolition of any building, structure , or other improvement on real property, whether privately or publicly owned, which is situated in a historic district or zone, and for which a permit is not required. This bill provides that a privately- owned property built after 1899 that is located in whole or in part in a tourism development zone is not subject to the authority of a historic zoning commission or a historic zoning law, rule, review guideline, or regulation, with respect to any aspect of a project not historic in nature. Additionally, a property owner whose project falls within this exception is not required to make an application to a historic zoning commission. Under this bill, a historic zoning commission does not have authority to stop or prevent the continuation of such project if, upon notice from the histo ric zoning commission that a project does not meet the exception set forth in this bill, a property owner files a good faith affidavit with the commission along with the opinion of a licensed architect that the project falls within the exception. Upon the receipt of the affidavit and opinion, the historic zoning commission has no authority over the project and in any subsequent hearing or proceeding whether administrative, in a court of record, or otherwise, the opinion of the architect must be afforded a presumption of correctness that may only be overcome by a finding of clear and convincing evidence that the project is not subject to the exception found in this bill . This bill authorizes the local fire marshal or similar government official to override a decision by a historic zoning commission, if any aspect of a project involves any life or safety issues with respect to doors, windows, ingress, or egress over which the local fire marshal or a similar government official has authority pursuant to any l aw .