(A) Zoning classifications and permitted uses.
(1) All landmarks and historic preservation districts shall also be classified in one or more of the zoning districts established by subchapter. The zoning of any landmark shall be designated by a combination of symbols, i.e., R-2-L, C-1-L, and the like. The zoning of any land in a historic preservation district shall be designated by a combination of symbols, i.e., R-2-H, R-3-H, and the like.
(2) For any landmark or any historic preservation district, all the regulations of the underlying zoning district shall apply, except insofar as the regulations are in conflict with any special regulations applicable to a landmark or historic preservation district, and in the event of a conflict, the regulations governing the landmark or historic preservation district shall apply. All permitted uses or conditional uses otherwise allowable in the underlying zoning district shall continue to be the appropriate allowable use.
(B) Relationship to Plan Commission. The Historic Sites Commission may, at the request of the Plan Commission or on its own initiative, prepare a written report to, and, in addition, may testify at any public hearing conducted by, the Plan Commission with respect to any matter being considered by the Plan Commission which may affect any improvement designated a landmark or any designated historic preservation district.
(C) Conditional uses.
(1) A copy of any application for a conditional use under the provisions of this subchapter shall be forwarded by the Plan Commission to the Historic Sites Commission, if the proposed conditional use would be within or immediately adjacent to a historic preservation district, or if the owner of a landmark would be entitled to notice under the provisions of this subchapter.
(2) Within a reasonable time after receipt of the copy of any application for a conditional use, the Historic Sites Commission shall review the application to determine the effect which the proposed conditional use would have on the landmark or historic preservation district, according to the appropriate criteria and architectural and aesthetic consideration for the granting of a certificate of appropriateness.
(3) Within 30 days after receipt of the copy of any application for a conditional use, the Historic Sites Commission shall file with the Plan Commission any written report and recommendations it desires to make. The written report and recommendations, and any testimony presented by the Historic Sites Commission at a public hearing conducted by the Plan Commission, shall be briefly summarized in the report submitted by the Plan Commission to the City Council. In lieu of the summary, the Plan Commission, at its discretion, may append the Historic Sites Commission’s report and recommendations to the written report and recommendations made by the Plan Commission to the City Council.
(D) Variances; amendments to zoning provisions.
(1) A copy of any application for a variance from the provisions of these zoning provisions, or street graphics ordinance, and a copy of any proposed amendment to the map or text of the zoning provisions shall be forwarded by the Plan Commission of the Board of Zoning Appeals to the Historic Sites Commission, if the proposed change would be within or immediately adjacent to a Historic Preservation District, or if the owner of a landmark would be entitled to notice under the provisions of the zoning provisions or this chapter.
(2) Within a reasonable time after receipt of the copy of any application for a variance from the provisions of this zoning chapter or an amendment to the map or text of this zoning chapter, the Historic Sites Commission shall review the application to determine the effect which the proposed variance or amendment would have on the district according to the appropriate criteria and architectural and aesthetic considerations of the granting of a certificate of appropriateness.
(3) (a) Within 30 days after receipt of the copy of any application for a variance of a proposed amendment, the Historic Sites Commission shall forward any written report and recommendations it desires to make to the Commission or Board from which the copy of the application or amendment was received.
(b) The written report and recommendations, and any testimony presented by the Historic Sites Commission as a public hearing conducted by the Plan Commission or Board of Zoning Appeals concerning the proposed variance or amendment, shall be briefly summarized in any reports required to be submitted to the Historic Landmarks Foundation of the state by the Plan Commission or Board of Zoning Appeals, as applicable.
(c) In lieu of the summary, the Plan Commission or Board or Zoning Appeals, at its discretion, may append the Historic Sites Commission’s report and recommendations to any written reports and recommendations required to be provided to the Historic Landmarks Foundation of the state by the Plan Commission or Board of Zoning Appeals.
(Prior Code, § 156.407) (Ord. 0-08-0020, passed 9-22-2008) Penalty, see § 156.999