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A. Permitted Uses. All properties located within the historic overlay zone shall be permitted to have the same uses as permitted in the underlying zoning district, except where this chapter specifies exceptions to the requirements of the underlying zone.

B. Deviations. An applicant may propose, and after review and recommendation by the historical commission, the planning director may allow an applicant to deviate from certain development standards contained in the neighborhood conservation guidelines and historic overlay zone standards, provided the proposal satisfies the evaluation criteria of this subsection. This process differs from the variance procedure in that rather than approval being based upon unusual circumstances or a physical hardship, it is based upon the quality of the proposed design. This alternative process is intended to promote well-designed and innovative housing which may not strictly comply with the established standards and guidelines, but which meets the intent of the standards and guidelines. In evaluating such a proposal, the planning director, using the historical commission’s recommendation as a guide, shall determine if the alternative design provides equivalent or superior results than compliance with the established standards and guidelines.

1. What Can Be Changed.

a. Historic overlay zone guidelines.

b. Roof pitch.

c. Building modulation.

2. Basis for Deviation. The applicant, if requesting a deviation from standards for either a multifamily or single-family development, shall provide plans and a written narrative describing the deviation request to the historical commission for review. The plans and narrative shall provide the historical commission with sufficient detail to determine if the proposed development will provide a project equivalent or superior to what would result from compliance with the neighborhood conservation guidelines and historic overlay zone standards. The historical commission shall make their recommendations to the planning director based on the following criteria:

a. Unique characteristics of the property and surroundings and how they will be protected or enhanced by the deviation;

b. Positive characteristics of the proposed development and whether such characteristics could be provided by compliance with the standards and guidelines;

c. Whether proposed design mitigates impacts that could be caused by deviation from the standards. (Ord. 3774-20 § 5(P) (Exh. 3), 2020.)