21-2-7.29: USE STANDARDS:

   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)

21-2-7.30: DEVELOPMENT STANDARDS AND MODIFICATIONS:

   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)

21-2-7.31: HISTORIC PRESERVATION PLAN:

   A.   All Zoning Map Amendment applications to zone property with the HP Overlay zone shall include a Historic Preservation Plan that is to be approved by the City Council as part of the application to zone property to the HP Overlay. The Historic Preservation Plan is to include a comprehensive set of documents for the proposed Landmark or Historic District that involves compiling information about the Resource(s), which may include information about the archaeological assets, building(s), historical events, improvement, sites, structures, etc. The Historic Preservation Plan typically includes such information as Historic Structure Reports, Conditions Assessment Reports, archaeological surveys, and technical analyses. Furthermore, the Plan is essential for addressing present conditions, providing an action plan for the future use and preservation of the Resource(s) and implementing the plan recommendations. All Historic Preservation Plan shall include a set of guidelines for additions, modifications, repairs, rehabilitation, and restoration of the resource. In addition, the Historic Preservation Plan shall include modifications to the land use and development standards that are necessary to maintain and preserve the integrity and economic vitality of the Resource(s). For additional information and submittal requirements, refer to the Historic Preservation Plan Submittal Guide and Zoning Map Amendment Application checklist available from the Community Development Department.

   B.   Modification to a Historic Preservation Plan: A modification to the land use, development standards, and design standards of a Historic Preservation Plan shall be processed with a Zoning Map Amendment and receive the approval of the City Council. (Res. 24-1600, 10-14-2024)

21-2-7.32: CERTIFICATE OF APPROPRIATENESS OR CERTIFICATE OF NO EFFECT, WHEN REQUIRED:

   A.   Ordinary maintenance or repair of any structure or site improvement zoned with the HP Overlay that does not alter or modify the historic character of the structure or property does not require the approval Certificate of No Effect or a Certificate of Appropriateness.

   B.   No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, move of a Landmark or structures in a Historic District, or make modifications of any material change to the appearance of property, including its light fixtures, signs, sidewalks, fences, steps, paving, roof, or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of the Landmark or Historic District, without first obtaining a Certificate of No Effect from the Community Development Director or Certificate of Appropriateness from the Planning and Zoning Commission.

   C.   An application for a Certificate of Appropriateness or Certificate of No Effect shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter. (Res. 24-1600, 10-14-2024)

21-2-7.33: CERTIFICATE FOR ECONOMIC HARDSHIP:

   A.   A property owner may submit a Certificate of Economic Hardship when:

      1.   The Certificate of Appropriateness for a proposed alteration has been denied; or

      2.    The Landmark or contributing property in a Historic District is damaged or destroyed by fire, flood, or similar abnormal and identifiable event.

   B.   An application for a Certificate for Economic Hardship shall be submitted and decided upon in accordance with the provisions and procedures of Article VI. Zoning Procedures of this Chapter. (Res. 24-1600, 10-14-2024)