Chapter 12 — 25A. H HISTORIC OVERLAY DISTRICT

Section 12-25A.01. Intent.

• (a) The H (historic overlay) district is intended to encourage but not mandate the preservation of architecturally significant structures by permitting relaxed development standards such as parking requirements and setbacks in recognition of the preservation of architectural features, which are no longer commonly used in design practice and considered important to the social fabric of the community. The district is designed to accommodate various types of uses such as professional and administrative offices, home occupations, and limited light commercial activities (such as antique stores, hair dressers, barbershops, art galleries and studios, and bed and breakfast) and other uses, which are compatible with the structure and the adjacent neighborhood.

• (b) The requirements and procedures set out in this chapter are designed and intended to be applied in such a manner as to provide maximum design flexibility to the property owner, or developer, yet allow the City to encourage but not mandate design features that are consistent with the building's architecture and arrangement of uses within the project. The "H" designation may combine with the various zones called out in the provisions of this title.

• (Ord. 99-05)

Section 12-25A.02. Permitted uses.

• (a) The following uses are permitted in the H districts, providing the use is allowed in the underlying zoning district, and subject to approval of a planned development permit or a conditional use permit:

  • (1) Single-family residences;

  • (2) Change of use of existing buildings;

  • (3) Minor additions to existing buildings;

  • (4) Additions to existing parking or landscape areas;

  • (5) Accessory structures and uses.

• (b) Any use permitted in any of the following districts may be permitted in the H district in accordance with the following regulations. The symbol "H" shall be combined with the following district designations and land so designated may be used as follows:

  • (1) R-1/H, R-2/H and R-3/H may permit residential uses, using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved H zoning overlay district. Densities are as established by the land use element of the General Plan.

  • (2) CPO/H, C-1/H and C-2/H may permit commercial and office uses, using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved H zoning overlay district.

• (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.03. Initiation.

The adoption of a rezoning amendment to the zoning ordinance applying the provisions of this chapter to any property shall be initiated in the following manner:

• (a) Where the Planning Commission determines that the best interest of the community will be secured by application of H district standards so that the highest and best quality development may be achieved in accordance with provisions of the adopted land use element of the City.

• (b) When the property owner or his designated agent files an application with the Community Development Department for rezoning, together with the required filing fee, as determined by resolution of the Council, and with a preliminary development plan as described in this chapter.

• (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.04. Development plan approval: Required.

The development plan process is required to allow a change in use or to establish a new use in order to promote orderly, attractive and harmonious development within those areas covered by historic overlay district. Any development proposal pursuant to the historic overlay district and primary zoning designation shall be subject to first receiving approval of a development plan from the Planning Commission of the City as provided in this title.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.05. Development plan approval: Purpose.

The development plan process is established in order to promote orderly, attractive and harmonious development within those areas covered by the historic overlay district. Any development proposal pursuant to the historic overlay district and primary zoning designation shall be subject to first receiving approval of a development plan from the Planning Commission of the City as provided in this title.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.06. Development plan approval: Permit application and hearing.

For the procedure on filing an application and setting the public hearing, see Sections 12-35.203 through 12-35.208.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.07. Development plan approval: Findings.

For the required findings, see Sections 12-35.206, 12-35.207 and 12-35.208. (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.08. Development plan approval: Effective date.

For the effective date of the Planning Commission action, see Section 12-35.209. (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.09. Development plan approval: Appeals.

For filing of appeals, see Section 12-35.211.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.10. Development plan approval: Expiration and extension.

For expiration and extension, see Section 12-35.212. (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.11. Development plan approval: Revocation.

For revocation procedure, see Section 12-35.213.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.12. Modification or enlargement of structures.

For the procedure regarding modification or enlargement of structures, see Section 12-35.214. (Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)

Section 12-25A.13. Preexisting development plans.

Any approved development plans existing at the date of adoption of the ordinance from which this section derives shall continue to remain valid, until amended or expired, according to the regulations stated in this title.

(Ord. 91-17 § 1 Exhibit D, eff. 10/3/91)