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A. The purpose of the Historic Preservation Overlay (HP) zone is to assist in implementing the General Plan for the recognition, preservation, and enhancement of landscape features, objects, structures, and sites that represent distinctive events, and elements of cultural, political, architectural, and archaeological significance (hereafter "Resources") that have historic and heritage significance within the City. Furthermore, the HP zone is intended to encourage the economic reuse of resources when appropriate, promote cultural awareness through the recognition and preservation of the Resources, and provide for the education and general welfare of the public. (Res. 24-1600, 10-14-2024)
A. In addition to the Issues for Consideration criteria for a Zoning Map Amendment of Article VI of this Chapter, to be eligible to be zoned with the Historic Preservation Overlay:
1. The City Council shall first find that the property(ies) identified in the application meets the criteria to be designated a Landmark or Historic District as specified in this Chapter; and
2. The Resources on the property occurred at least fifty (50) years ago; younger properties may be eligible when a significant event or improvement has occurred on the property that complies with the National Register Criteria for Evaluation. (Res. 24-1600, 10-14-2024)
A. Landmarks:
1. The City Council may designate a Resource(s) as a Landmark that complies with the following criteria:
a. The Resource possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
b. The Resource is identified with historic personages or events;
c. The Resource embodies the distinguishing characteristics of an architectural style;
d. The Resource is the work of a designer whose work has significantly influenced an age; or
e. Because of a Resources unique location or singular physical characteristic, represents an established and familiar visual feature of the community.
B. Historic District:
1. The City Council may designate several properties as a Historic District that complies with the following criteria:
a. Contains several properties which meet one or more of the criteria for designation of a landmark;
b. By reason of possessing such qualities, it constitutes a district section of the City; and
c. The majority of owner(s) of the properties concur with the designation. (Res. 24-1600, 10-14-2024)
A. The Community Development Director shall notify the property owner(s) by registered mail of an application initiated by the City Council, Planning and Zoning Commission, or the Zoning Administrator within fifteen (15) days of the application submittal to zone the property with the HP overlay. (Res. 24-1600, 10-14-2024)
A. The Building Official shall not issue any building permits, and no construction or demolition activity shall occur unless allowed by the Building Official for emergency purposes, on a property that the City Council or Planning and Zoning Commission has initiated an application, or that application has been submitted to rezone the property to the HP overlay. The stay of the building permit and construction or demolition activity shall remain in place until the City Council has made a decision on the application, the application has been withdrawn, or one (1) year has passed since the City Council or Planning and Zoning Commission initiated the application.
B. By a majority vote of those present, the City Council may extend the stay of the building permits, and construction and demolition activity on the property of an application for a period not to exceed four (4) months from the stay's expiration date. The stay of the building permits, and construction and demolition activity for an application on a property may be extended no more than twice. (Res. 24-1600, 10-14-2024)
A. The applicable underlying zoning district's use regulations shall apply to the HP Overlay, except that the City Council may approve additional land uses included as part of the Landmark's Historic Preservation Plan. To approve additional land uses, the City Council shall find that the proposed land use(s) are necessary to:
1. Maintain the integrity of the Landmark's purpose for which it received its designation;
2. Maintain the economic vitality of the Landmark; and
3. Promote the general welfare of the public.
B. The City Council may impose requirements on additional land uses. (Res. 24-1600, 10-14-2024)
A. The applicable underlying zoning district's development standards shall apply to the HP Overlay, except that the City Council may approve modifications to the development standards as part of the Landmark's or Historic District's Preservation Plan. To approve modifications to the development standards, the City Council shall find that the proposed modifications are necessary to:
1. Maintain the integrity of the Landmark on the property for which it received its designation:
2. Maintain the integrity of the properties of the Historic District for which it received its designation:
3. Maintain the economic vitality of the Landmark or Historic District; and
4. Allow the Landmark or Historic District to maintain conformance with the Historic Preservation Plan.
B. If there is a conflict between the development standards of the Historic Preservation Plan and the development standards of the underlying district, the development standards of the Preservation Plan shall control. (Res. 24-1600, 10-14-2024)
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