§ 17.7.801. Historic building conservation projects.

A.

Intent. The intent of this section is to facilitate the preservation of structures of historic significance within the city. As a means of providing economic incentives for the preservation of the community's historic structures, the provisions of this section allow the placement and operation of certain commercial and residential activities within historic structures and the construction of appurtenant structures and facilities determined to be essential to the preservation of the historic structure, which may be at variance with the provisions of the underlying zone, but under controlled conditions which are not inimical to the quality of the residential environment in the territory surrounding the project area.

B.

Qualification of structure. The provisions of this section shall be applicable to structures, and their attendant site area which have been:

1.

Previously placed upon the state or national register of historic sites or buildings; or

2.

Previously placed upon the Historic Sites List or Historic Landmarks Register in accordance with the applicable provisions or Ordinance 91-08-09 (ordinance authorizing historic sites list and historic landmarks register); or

3.

Previously designated by resolution of the city council as a structure of local historical significance.

C.   

Permitted uses.

1.

Any use within the zone district in which the project is located, subject to the limitations thereto hereinafter set forth.

2.

Offices of professional persons.

3.

Art galleries - structures used for the display and incidental sale of paintings and similar art objects.

4.

Reception centers - structures for the conducting of wedding receptions and similar gatherings.

5.

Restaurants - not including drive-in service.

6.

The enlargement or modification of residential structures for the purpose of:

a.

Increasing the number of dwelling units within the structure; or

b.

Converting the structure to short term sleeping accommodations for the public (bed and breakfast establishment).

7.

Craft shops, provided that the character of the activity will be conducted in a manner consistent with the objectives underlying zone.

8.

Mixed use structures - a structure containing one or more dwelling units and one or more of the other uses authorized under this section.

9.

The incidental sale of gifts, confectionery, books, souvenirs and similar items as part of a use permitted under this section.

10.

Pre-schools and child care nurseries, subject to the following:

a.

The applicant shall provide evidence of approval of the facility for the intended purpose by the state or that the facility would meet the state guidelines for physical facilities for the number of occupants proposed, where state approval is not required. The city may also require inspection and approval of local fire and health authorities.

b.

The proposed facility shall include an outdoor play area which conforms to state guidelines for such a facility.

c.

The maximum number of students shall be one for each thirty-five square feet of floor space devoted to preschool and child-care purposes.

d.

There shall be adequate access and off-street parking.

e.

The facility shall be registered with the business license division of the city and an annual business license secured.

f.

Signs shall be limited to one facility identification sign. When located in a residential zone the sign shall not exceed twenty-four square feet in area.

g.

The structure shall contain adequate rest room and kitchen facilities.

h.

The application shall contain a site plan, prepared in substantial compliance with the provisions of Section 17.6.101. The plan shall show both the entire property and a floor plan of the structure and shall identify those portions proposed to be used for child-care purposes.

11.

Other uses and structures determined by the planning commission to be similar in character to those identified in this section, subject to such conditions as may be attached to ensure that the conduct of the use will be in harmony with the intent of the historic building conservation projects and the underlying zone district.

D.

Detailed development plan required.

1.

A detailed development plan showing the entire site area proposed to be included in the project shall be submitted with the preliminary application. The plan shall show the historic structure, all other existing and proposed buildings and structures, all off-street parking areas, all significant landscaping elements, and any other existing or proposed feature. The content and detail of the plans shall be as set forth in Section 17.6.101.

2.

The city may require a floor plan for the historic structure and any additions or new structures. The plan shall indicate the intended purpose for each room or area.

3.

In the event that the proposed plan provides for the construction of additions to a historic structure or the construction of any new buildings the plans, exterior elevations for any such new construction shall be reviewed and approved by the city for conformance with the site plan and compatibility with the general historical and architectural character of the project.

E.

Approval procedure. The procedure to be followed shall be as set forth in Section 17.7.200 of this title.

F.

Required improvements. The following site and building improvements shall be constructed as directed by the city engineer or building inspector, as applicable:

1.

All required streets, curbs, gutter, sidewalk, driveways and off street parking areas shall be graded and hard-surfaced (asphalt or concrete). Nor portion of the front setback area shall be devoted to off street parking.

2.

Landscaping and landscape structures.

3.

Such modifications to the historic structure as are required for compliance with the provisions the building, mechanical, plumbing, electrical, fire and similar codes.

4.

Other site improvements as set forth on the approved site plan.

G.

Improvements to be compatible with historic character—Review criteria. All additions to an existing structure, all new buildings and structures, and all site facilities (parking areas, landscape features) shall be compatible with the character of the historic structure. Where a structure has been placed on the state or national register of historic sites, approval for additions shall not be given by the city until plans for the proposed addition shall have been reviewed and approved by the agency which has designated the structure to be of historic significance. In evaluating the proposed additions, amendments or new construction the planning commission and city council shall consider the following:

1.

The effect of the proposed changes on the general historic and/or architectural character of the structure or area.

2.

The architectural style, arrangement, texture, and materials used on existing and proposed structures and their relation to other structures within the project area and immediate vicinity of the project.

3.

The effect of the proposed additions and amendments in creating, changing, destroying or affecting otherwise the exterior architectural features of the structure upon which such work is proposed.

4.

The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the structure or area.

5.

The use to which the structure will be put.

6.

The condition of existing structures and improvements and whether or not they are a hazard to public health or safety.

7.

The compatibility of the proposed structures and uses with the development in the vicinity surrounding the proposed project area.

H.

Special provisions.

1.

Subsequent amendments. The development plan shall indicate the intended use of all portions of the structure. Any subsequent change which will increase the amount of space used for commercial activities or which will require an increase in the number of off-street parking spaces shall require an amendment to the development plan.

2.

Project identification signs. Project identification signs shall be limited to one identification sign per street frontage, the location and design of which shall be approved as part of the development plan.

(Ord. No. 94-12-52; Ord. No. 03-10-32; Ord. No. 2018-05-27 , Pt. I(§ 3), 6-26-2018)