The “HP” Historic Preservation Overlay District is intended to preserve and protect the historically or architecturally worthy buildings, structures, sites, monuments and neighborhoods.

(1960 Code, § 60-6-89)

   This overlay district has no effect on the classification, whether permitted, special or prohibited, of uses in the primary zoning districts. Rather, this overlay district imposes additional restrictions on both permitted and special uses.

(1960 Code, § 60-6-90)

   All uses, whether permitted or special, that are located in the area covered by the “HP” Overlay District shall not only meet all the applicable requirements of the primary district, but shall also meet the requirements set forth herein.

(1960 Code, § 60-6-91)

   The purpose of the Historic District is to promote the educational, cultural, economic and general welfare of the community by providing for preservation and continued utilization of areas, places, buildings, structures and other objects having special historical, community or aesthetic interest value.

(1960 Code, § 60-6-92)

   The Historic District regulations as provided herein for areas within said districts are intended to preserve and protect the historically or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares and neighborhoods of the areas designated. In all zoning districts lying within the boundaries of a Historic District, the regulations for both the zoning district and the Historic District shall apply.

(1960 Code, § 60-6-93) (Ord. 3256, passed 10-22-1974; Ord. 9102-2022, passed 12-5-2022)

   The boundaries of a Historic District shall be established by the City Council, and shall be indicated on the official zoning map of the city.

(1960 Code, § 60-6-94) (Ord. 9102-2022, passed 12-5-2022)

   (A)   No area shall be designated as part of the Historic District until there shall have been due notice given to persons owning property therein, and a public hearing held on the merits of such designation. The Historic Preservation Commission may, on its own motion or upon petition, conduct a preliminary and informal investigation of areas within the city considered to have buildings, structures, areas, places or other objects having special historical, community or aesthetic interest or value. The Economic Development, Planning & Zoning Department, on behalf of the Commission, shall establish preliminary boundaries for areas considered to have such interest or value, and set a time and place for a public hearing on the merits of designating the defined area as a Historic District. The Economic Development, Planning & Zoning Department, on behalf of the Commission shall then cause notice to be sent to all owners of record of property within the defined area not less than 15 days, nor more than 30 days, prior to the date of hearing. The notice shall set forth the boundaries of the area under consideration, the reasons it is being considered for designation as a Historic District, a statement that use of the property will be restricted if it is included in the Historic District, and the date, time and place of the public hearing. Notice of such hearing shall also be given to the Director of Economic Development, Planning & Zoning Department, the Building Commissioner, the Chairperson of the City Plan Commission, the Chairperson of the Zoning Board of Appeals, the City Attorney, the City Engineer, each of the Aldermen and the Mayor as well as to any interested parties who shall file with the Secretary of the Historic Preservation Commission a request to receive such notices. A copy of the notice shall be mailed to each tenant of property within the proposed district in cases where the Commission has reason to believe the occupant of property is not the owner of record of the property.

   (B)   The hearings shall be conducted by the Historic Preservation Commission, and all interested persons shall be given the opportunity to be heard, in person, by counsel or by correspondence. The Commission shall make such record or notes of the hearing as the Chairperson shall deem sufficient. After hearing testimony, the Commission shall make its recommendations to the City Council if it finds that all or any part of the area described in the hearing notice meets the criteria of the Historic District. The City Council shall, within 30 days of receiving the recommendations of the Historic Preservation Commission, either accept or reject the recommendations. If the recommendations are accepted, the Council shall, by ordinance, establish the boundaries of the District and make it subject to the provisions of this section.

(1960 Code, § 60-6-95) (Ord. 9102-2022, passed 12-5-2022)

   It shall be unlawful to demolish, move or substantially change the exterior appearance of any building within the Historic District without having first obtained approval of a Design Review Request for such action, and said approval is required in addition to the building permit required by Ch. 150 of this code of ordinances. A Design Review Request shall not be necessary if the demolition, move, or substantial change is necessary because the building is structurally unsafe, damaged, dilapidated, dangerous to the neighborhood and beyond reasonable repair as determined by the Building Commissioner. Building Commissioner shall advise the Historic Preservation Commission of said action prior to commencement of activity. Building Commissioner must also determine that the condition of building is not attributable to the owner.

(1960 Code, § 60-6-96) (Ord. 5370, passed 1-17-1995; Ord. 8370-2019, passed 9-17-2019; Ord. 9102-2022, passed 12-5-2022) Penalty, see § 162.999

   A Design Review Request issued after approval by the Historic Preservation Commission. shall be required before a permit is issued for any of the following:

   (A)   Demolition of a building or structure within the Historic District;

   (B)   Moving a building or structure out of, into or within the Historic District;

   (C)   Material change in the exterior appearance of existing buildings or structures within the Historic District by additions, reconstruction or alteration, if subject to public view from a public street or sidewalk at any time during the year;

   (D)   Any new construction within the Historic District subject to public view from a public street or sidewalk at any time during the year;

   (E)   Demolition, construction or material change of any street, sidewalk, fence, wall, sign or ornamentation within the Historic District, if subject to public view from a public street or sidewalk at any time during the year; and

   (F)   A Design Review Request shall not be necessary if the demolition, move, or substantial change is necessary because the building is structurally unsafe, damaged, dilapidated, dangerous to the neighborhood and beyond reasonable repair as determined by the Building Commissioner. Building Commissioner shall advise the Historic Preservation Commission of said action prior to commencement of activity. Building Commissioner must also determine that the condition of building is not attributable to the owner.

(1960 Code, § 60-6-97) (Ord. 5370, passed 1-17-1995; Ord. 8370-2019, passed 9-17-2019; Ord. 9102-2022, passed 12-5-2022)

   (A)   All applications for a design review request shall be made to the Economic Development, Planning & Zoning Department, on forms to be provided by the department. Detailed drawings, plans or specifications shall not be required, but each application shall be accompanied by such sketches, drawings, photographs, descriptions or other information showing the proposed exterior alterations, additions, changes or new construction as are reasonably required by the Historic Preservation Commission to make a decision. No fee shall be required for application for a Design Review Request.

   (B)   The Building Commissioner shall review all applications for building permit, and if any building permit application is received for work to be done on property within a Historic District and no application for Design Review Request is submitted, the Building Commissioner shall defer any action on the application for building permit, and notify the applicant that an application for Design Review Request should be submitted. No building permit shall be issued for work to be done within a Historic District unless a Design Review Request has been approved for the same work.

(1960 Code, § 60-6-98) (Ord. 5370, passed 1-17-1995; Ord. 9102-2022, passed 12-5-2022)

   (A)   The Economic Development, Planning & Zoning Department shall transmit all applications for Design Review Request to the members of the Historic Preservation Commission prior to the next scheduled meeting of the Commission. Notice of the meeting shall be given to the applicant, and the Aldermen representing the ward in which the property is located and any interested parties who shall file with the Secretary of the Historic Preservation Commission a request to receive such notices. The Chairperson shall conduct the meeting, and the Commission shall receive oral or written testimony from all interested persons.

   (B)   The applicant or any other party may be represented by counsel. The Secretary shall make such record or notes of the meeting as the Chairperson shall deem sufficient. The Historic Preservation Commission shall, approve the application as submitted, approve the application with conditions with respect to the appropriateness of design, arrangement. texture, material, location or other elements of appearance of the building or structure involved, request that the applicant revise and resubmit the application with recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, location or other elements of appearance of the building or structure involved, or deny the application. In case of denial, the applicant may, within 30 days after denial of the application, file a formal appeal with City Council. The City Council shall then determine if the application shall be approved as submitted, approved with conditions with respect to the appropriateness of design, arrangement, texture, material, location or other elements of appearance of the building or structure involved, request that the applicant revise and resubmit the application with recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, location or other elements of appearance of the building or structure involved, or denied. If the appeal is denied, the Commission shall not again hear the subject matter of any application which has been denied for a period of one year, except in cases where an applicant appears within 90 days with amended application, as provided above.

   (C)   The Economic Development, Planning & Zoning Department may administratively approve a Design Review Request application if the proposed materials match the existing materials and there are no alterations to design of the property, excluding windows and tuckpointing.

(1960 Code, § 60-6-99) (Ord. 9102-2022, passed 12-5-2022)

   (A)   The Historic Preservation Commission shall not consider interior arrangement or features not subject to any public view from a public street or sidewalk at any time during the year, and shall not make any requirements, except for the purpose of preventing developments incongruous to the aesthetic and historic aspects of the surroundings.

   (B)   The Commission shall consider the following in passing on the appropriateness of exterior architectural features:

      (1)   All exterior architectural features, which are subject to public view from a public street or sidewalk at any time during the year, including any signs, fences, outbuildings, paving and substantial grading of soil levels;

      (2)   General design and arrangement;

      (3)   Texture and material;

      (4)   The relation of the factors in divisions (B)(1), (B)(2) and (B)(3) above to similar features of buildings and structures in the immediate surroundings;

      (5)   The extent to which the building or structure would be harmonious with or incongruous to the aesthetic, cultural or historic nature of the surroundings;

      (6)   The extent to which the building or structure will promote the general welfare of the city and its citizens; and

(1960 Code, § 60-6-100) (Ord. 5327, passed 10-3-1994; Ord. 5370, passed 1-17-1995; Ord. 6445, passed 7-15-2002; Ord. 9102-2022, passed 12-5-2022; Ord. 9238-2024, passed 1-2-2024)