§ 153.56 HISTORIC PRESERVATION OVERLAY DISTRICT.
   (A)   Purpose. 
      (1)   The purpose and intent of this district is to stimulate the restoration and rehabilitation of structures and property that contribute to the character and fabric of established residential, commercial or industrial neighborhoods. New construction will be encouraged provided the primary emphasis is on preservation of existing buildings and that the design of new development furthers the aesthetic character and function of the property and area.
      (2)   Because most of the development within the district occurred prior to adoption of zoning and other regulations, the land use and design is highly diverse and often does not conform to conventional regulations. This section recognizes that this diversity is a major contributing factor of the district’s historic character. This section may be applied to encourage the protection and enhancement of the existing historic and diverse features.
   (B)   Historic Preservation Overlay District established.
      (1)   After thorough study and inventory, the City Council may designate a geographical area within the municipality having significant historical value and character as a Historic Preservation Overlay District (HPOD).
      (2)   The boundaries of the HPOD may overlap (in other words, overlay) the boundaries of other districts established under this chapter.
      (3)   A proposed development must conform to the requirements of both this overlay district and the underlying district, except that through the procedures of this overlay district a portion of the requirements of the underlying district may be waived or modified.
      (4)   All new development within this district shall be reviewed and acted upon by the Zoning Commission under the procedures of § 153.11.
   (C)   Design Review Board: powers.
      (1)   The City Council shall form and appoint a Design Review Board.
      (2)   The Design Review Board will comprise seven local members as follows:
         (a)   Two licensed professional architects;
         (b)   One building contractor;
         (c)   The Zoning Administrator;
         (d)   One member of the City Council; and
         (e)   Two citizens.
      (3)   The Design Review Board shall have the following powers and responsibilities:
         (a)   Review applications for development within this Historic Preservation Overlay District.
         (b)   Recommend to the Zoning Commission appropriate modifications of requirements of the underlying zoning district, and recommendations for approval, conditions for conditional approval or denial of an application for development within the HPOD;
         (c)   Develop and apply specific guidelines related to architectural appearance, landscape design and signing for the construction or alteration of structures or sites within the HPOD;
         (d)   Call upon city staff for advice or assistance; and
         (e)   Testify before boards or the City Council on matters relating to architecturally significant sites, structures, areas or neighborhoods.
   (D)   Procedures for review and action.
      (1)   A person proposing development within the HPOD must submit an application for a conditional use to the Zoning Administrator. The application must present the information specified in § 153.11, and sketches of proposed new construction or alterations to existing structures.
      (2)   The Zoning Administrator will forward copies of the application to the members of the Design Review Board and the Zoning Commission.
      (3)   The Design Review Board will review the application and meet with the applicant.
      (4)   The Design Review Board will submit recommendations to the Zoning Commission.
      (5)   The Zoning Commission and the Design Review Board will publish notice and hold a joint public hearing to discuss the application. At the hearing, the Zoning Administrator and the developer will be invited to explain the proposed project, the Design Review Board will discuss its recommendations, and the members of the general public will be invited to comment.
      (6)   The Zoning Commission, considering the recommendations of the Zoning Administrator, Design Review Board and public comment, will approve, conditionally approve or deny the application under the procedures specified in § 153.11. The Zoning Commission will present in writing the conditions for conditional approval or the reasons for denial.
   (E)   Standards of Historic Preservation Review. The Design Review Board and the Zoning Commission will be guided by the following in considering appropriate design and modifying requirements of the underlying zoning districts:
      (1)   Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, published by the U.S. Department of Interior, National Park Service, Preservation Assistance Division (available for review at the office of the Zoning Administrator).
      (2)   Architectural design guidelines used to consider the appropriateness and compatibility of proposed development with existing properties shall focus on:
         (a)   Height;
         (b)   Proportions of doors and windows;
         (c)   Relationship of building masses and spaces;
         (d)   Roof shape;
         (e)   Scale;
         (f)   Dominant horizontal or vertical expression of surrounding structures; and
         (g)   Architectural details.
      (3)   The criteria for granting deviations from the underlying zoning district requirements include:
         (a)   Modifications shall be consistent with the intent and purpose of this section, the zoning ordinance and adopted comprehensive plan;
         (b)   Modifications shall have minimal adverse impact on abutting properties or allowed uses;
         (c)   Modifications shall ensure the protection of the public health, safety and general welfare; and
         (d)   Approvals may be conditioned to include:
            1.   Time period for completion of alterations;
            2.   Landscaping and its maintenance;
            3.   Location, surfacing and marking of off-street parking areas; and
            4.   Other conditions in conformity with the intent and purpose of this section.
(Ord. 2007-03, passed 1-14-2008)