Center City City Zoning Code

CHAPTER 231

HP HISTORIC PRESERVATION OVERLAY DISTRICT

§ 231.01 PURPOSE.

The purposes of this chapter are to:

(A) Safeguard the heritage of the city by preserving properties that reflect elements of the city's cultural, social, economic, political, visual or architectural history;

(B) Protect and enhance the city's appeal to residents, visitors and tourists, and serve as a support and stimulus to business and industry;

(D) Promote the preservation and continued use of heritage preservation sites for the education and general welfare of the people of the city;

(E) Enhance the economic viability of heritage preservation sites and districts through the protection and promotion of their unique character; and

(F) Enhance the visual and aesthetic character, diversity and interest of the city.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.02 PERMITTED USES.

The permitted uses are those of the underlying zoning district(s).

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.03 CONDITIONAL USES.

The following are conditional uses allowed in the Historic Preservation Overlay District by the issuance of a conditional use permit based upon procedures set forth in and regulated by Chapter 196 (Conditional Use Permits) of this title. All conditional uses listed in the underlying zoning district, except those listed below, shall be prohibited.

(A) Bed and breakfast establishments, as regulated by § 205.20(B) (Specialized Housing) of this title.

(B) Daycare facilities as a principal or an accessory use, except as provided for by this chapter, provided that the use complies with the provisions of § 205.21 (Daycare Facilities) of this title.

(D) Planned unit developments as regulated by Chapter 217 (Planned Unit Developments) of this title.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.04 INTERIM USES.

No interim uses shall be allowed within the Historic Preservation Overlay District. All interim uses listed in the underlying zoning district shall be prohibited.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.05 PERMITTED ACCESSORY USES.

The following are permitted accessory uses allowed in the Historic Preservation Overlay District. All permitted accessory uses listed in the underlying zoning district, except those listed below, shall be prohibited.

(A) Accessory uses, buildings and structures customarily incidental arid directly related to the uses allowed as permitted, conditional, interim, and administrative permit in this section, subject to applicable regulation of this title.

(B) Boarding or renting of rooms to not more than 2 individuals per dwelling unit.

(D) Fences as regulated by § 213.02 (Fences and Retaining Walls) of this title.

(E) Ground source heat pump systems as regulated by § 215.04 (Ground Source Heat Pump Systems) of this title.

(F) Keeping of animals subject to § 205.19 (Keeping of Animals) of this title.

(G) Private garages and off-street parking and off-street loading as regulated by Chapter 210 (Off-street Parking) and Chapter 211 (Off-street Loading) both of this title.

(H) Private playground and recreational facilities, only accessory to an existing principal permitted use on the same lot and which are operated for the enjoyment and convenience of the residents of the principal use and their occasional guests, except as otherwise permitted.

(I) Recreational vehicles and equipment parking and storage as regulated by § 205.13 (Outdoor Storage and Refuse) of this title.

(J) Signs as regulated by Chapter 207 (Signs) of this title.

(K) Yard/garage sales, provided each does not exceed 4 days in duration, and there are no more than 3 sales per year conducted on the premises.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.06 USES BY ADMINISTRATIVE PERMIT.

The following are uses allowed in the Historic Preservation Overlay District by the issuance of an administrative permit based upon procedures set forth in and regulated by Chapter 198 (Administrative Permits and Approval) of this title. All uses by administrative permit listed in the underlying zoning district, except those listed below, shall be prohibited.

(A) Essential services, except transmission pipelines (i.e., pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 33 kV and up to 100 kV as regulated by § 205.05 (Essential Services) of this title.

(B) Home occupations (Type I) as regulated by Chapter 206 (Home Occupations) of this title.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.07 LOT REQUIREMENTS, SETBACKS AND HEIGHT RESTRICTIONS.

The minimum lot requirements, setbacks and height restrictions are those of the underlying zoning district(s) except as stated in this chapter.

(A) Side yard setback: 5 feet except that no principal structure shall be located less than 15 feet from a neighboring principal structure.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.08 BUILDING ALTERATIONS.

Any remodel or repair in any manner that will change the exterior appearance of the building or site; new construction; moving of a building; building demolition; signs; addition or deletion of awning. shutters, canopies and similar appurtenances; change or alteration of the structure's architectural style; or alteration of a roof line within the Historic Preservation Overlay District must conform to the city's Code of Ordinances, Title XV Land Usage Chapter 151, Heritage Preservation and the following requirements.

(A) All alterations, additions, or new buildings must be similar architecturally to the existing buildings within the Historic Preservation Overlay District.

(B) Within the Historic Preservation Overlay District new single-family homes shall only be allowed as a two-story or one- and one-half story home design.

(C) Within the Historic Preservation Overlay District, the narrow side of the house, which shall include the front entrance of the house, shall face Summit Avenue. The rear of the house and garage shall be located on the opposite side of the lot away from Summit Avenue.

(D) Within the Historic Preservation Overlay District, the setback of the house along Summit Avenue shall be the same as the 2 adjacent houses on each side of the property or an average of the 2 adjacent houses on each of the property.

(E) The following requirements in relation to building materials and design shall be required for all new construction, remodels or repairs on any structure within the Historic Preservation Overlay District.

(1) Siding of all structures shall consist of horizontal lap siding no narrower than 2 inches and no wider than 4 inches. Siding consisting of stone, brick, steel, logs or having a log appearance shall be prohibited.

(2) Steel roofs shall be allowed in the Historic Preservation Overlay District, but shall be visually similar to architecturally historic materials.

(3) All windows shall consist of either double hung or picture style windows. All double hung windows shall have a paned glass design.

(4) Garages can either be detached or attached garages but no garage access is allowed on Summit Avenue.

(5) Roof design shall consist of a pitch of no less than 4:12 and no more than 12:12. Flat roofs are allowed on detached garages.

(Ord. 2017-05-02A, passed 5-2-2017)

§ 231.09 SITES AND DISTRICTS.

Sites and districts designated by the City Council shall be considered to be included in the Heritage Preservation Overlay District as shown on the city zoning map.