59-A-6.21. Density transfer.

Where any tract of land classified in more than one residential zone contains a site, structure, or area of historic significance suitable for preservation, the Planning Board may permit the transfer of dwelling units from one zone to another in excess of the number of dwelling units otherwise permitted in the zone to which the dwelling units are transferred, for the purpose of preserving the historic site, structure or area if all of the following requirements are met:

   (a)   Generally. The site, structure or area to be preserved is deemed by the Planning Board to be of such historical value as to warrant preservation. The Planning Board shall base their determination of historic significance upon an assessment of the age and condition of the structure; historic events involving the site, structure or area; personages involved in the history of the site, structure or area; and the historic uniqueness of the site, structure or area. The applicant requesting a transfer of density under these provisions shall submit such information as the Planning Board may require regarding the historic significance of the site, structure or area;

   (b)   Density-Generally. The density to be transferred shall not exceed the density that would otherwise have been permitted on the historic site;

   (c)   Same-Low to high only. The transfer of dwelling units shall only be from tracts in a lower density zoning classification to tracts in a higher density zoning classification;

   (d)   Uses permitted. No building, structure or land shall be used and no building or structure shall be hereafter erected, structurally altered, enlarged or maintained, except for one or more of the following uses:

   All those permitted uses set forth in the applicable zones.

   Gifts and antique shops, offices, professional and business, including banks and financial institutions, in existing structures and accessory facilities; provided, that the Planning Board finds that such uses and facilities are consistent with the purposes of this section.

   (e)   Special exceptions. The following uses may be permitted as special exceptions in accordance with the provisions of Division 59-G:

   All those special exception uses set forth in the applicable zones.

   (f)   Compliance with other requirements, variances. All requirements of the applicable zones shall be met except as provided above, and except that the Planning Board may allow such dimensional variations as the Planning Board may find to be essential in order to preserve the historic site or structure;

   (g)   Size. The historic site or area from which dwelling units are to be transferred shall not exceed 3 acres;

   (h)   Maximum number of units. The total number of units in the combined tracts shall not exceed the total number of units otherwise permitted on the separate tracts;

   (i)   Compatibility with area. The Planning Board finds that the transfer of density will not produce land use configurations detrimental to or incompatible with existing or planned development in the surrounding area;

   (j)   Dedications, site restoration, etc. Any applicant under these provisions shall submit such information as the Planning Board may require indicating the method, including but not limited to, dedication to public use, by which the subject site, structure or area is to be preserved. The Planning Board shall not approve the use of these provisions unless it is satisfied that adequate guarantees have been or can be made for the preservation, and restoration if necessary, of the historic site, structure or area;

   (k)   Prohibited cases. No use shall be permitted within any site, structure or area designated by the Planning Board as being of historic significance where the operational characteristics of such use would tend to encroach upon or destroy its historic value or adversely impact the surrounding area; and

   (l)   Site plan review. Development on the combined tracts is subject to site plan review by the Planning Board under the following procedure:

      (1)   A building permit or certificate of occupancy must not be issued for the construction or use of any structures on the combined tracts, except in compliance with a detailed site plan of development approved by the Planning Board under Division 59-D-3. That detailed site plan must also treated as a preliminary plan of subdivision and all relevant subdivision regulations apply to its review and approval.

      (2)   Building permits and use-and-occupancy permits for the construction and use of all structures under this provision are issued by the Department under Division 59-A-3. All construction and development under any building permit must comply with the approved detailed site plan. Any departure from the plan is cause to deny or revoke the building permit or deny a use-and-occupancy permit.