Amending Supplementing Chapter 21 Zoning Ordinance

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STAFF REPORT Proposed Amendment of the Historic Preservation Ordinance Summary of the Proposed Amendment Section 1. It has been determined that the Historic Preservation Commission is not legally empowered to acquire or own property, either real or personal, and Section 1 deletes this from the Commission's powers and duties as outlined in the existing Zoning Ordinance. Section 2. Section 2 is a point of clarification: by definition, _the term "historic landmarks" includes Historic Preservation Districts, and Section 2 of the proposed amendment more clearly states this. Section 3. Section 3 proposes establishing the HP Historic Preserva- tion District as an "overlay" district, rather than as a conventional "use" district. Under the existing Zoning Ordinance, the uses permitted in the HP District include: historic landmarks, accessory buildings, structures and uses, and complementary uses such as antique shops, restaurants, museums, art galleries, or offices. Some of these uses are incompatible in certain zoning districts, e.g. commercial uses in a residential district. The overlay approach provides a means of alleviating the problem. Under the proposed amendment, those uses normally permitted in the zoning district or districts which the HP District overlays continue to be permitted, subject to the provisions of that zoning district. In addition to these, the standards which the Historic Preservation Commission shall have adopted as an element of the Historic Preservation Plan at the time of the area's designation by the legislative body as an HP District would also apply. General Comment The Historic Preservation Commission has been in operation now for two years and has been contemplating the proposed amend- ment for some time as a means of clarifying the Commission's relationship to zoning in general and more particularly, to land use.