Zoning

Sec. 31-83
District HP - Historic Preservation District


A. INTENT Within districts now existing or hereafter created, it is intended to permit creation of District HP Historic Preservation District in general areas or for individual structures and premises officially designated as having historic or cultural significance. Regulations within such districts are intended to protect against destruction of or encroachment upon such areas, structures and premises, to encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural and historic heritage of the city, to prevent creation of environmental influences adverse to such purposes, and to assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced. It is further the intent of these regulations that the Planning Commission shall seek the advice and assistance of groups or individuals qualified by interest, training and experience in achieving the objectives as set forth.

B. APPLICATION FOR HISTORIC PRESERVATION DISTRICT DESIGNATION
1. Applications for HP zoning shall be prepared by the property owners in the area
concerned and shall include signatures in support of the application from each of
the property owners in the proposed district. Single lot districts are permitted.
Each application shall contain information and recommendations as indicated
below concerning the areas, buildings and premises proposed for such zoning.

2. Proposed district boundaries shall in general be drawn to include all appropriate
properties reasonably near to each other within the area.

3.
A report shall be submitted with the application, establishing and defining the
historic and cultural features of the district and describing the structures and
features of substantial public significance, present trends and conditions, and
desirable public objectives for conservation, development or redevelopment.
Such report shall include, among other pertinent matters:
 
An analysis of existing structures by period of construction (if known),
architectural style (if significant), condition, present use, assessed valuation,
and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to interior of the block, and off-street parking provided. In addition to general analysis, two specific and detailed classifications shall be established:
 
1. A classification of individual structures and premises of substantial public interest, with maps, photographs and other data indicating the public importance of preservation and particular features it is desired to preserve.

2.
A classification of existing structures, premises and uses likely to have an adverse effect on the desired character of the district, including those near and visually related to the district, with maps, photographs and other data indicating the reasons for such classification.

C. DISTRICT REGULATIONS
1. In order to promote general welfare through the preservation and protection of
features of historical significance, no person shall be permitted to build, erect,
construct, alter, destroy or remove buildings or structures, or in any way change
the outward appearance of any building or structure without having obtained
approval for so doing by the Planning Commission as herein created. Evidence
of such required approval shall be a letter of approval issued by such Commission.

2.
By general rule or by specific request in a particular case, the Planning
Commission may require submission of any or all of the following in connection
with the application: architectural plans, site plans, landscaping plans, proposed
signs with appropriate detail as to character, proposed exterior lighting
arrangements, elevations of all portions of structures with important relationships
to public view (with indications as to construction materials, design of doors and
windows, colors and the like), photographs or perspective drawings indicating
visual relationships to adjoining structures and spaces, and such other exhibits
and reports as are necessary for its determinations after examination of the
material submitted and field examination if necessary in the case, the
Commission shall issue a letter of approval only if it finds that the proposal is in
fact appropriate to the character, appearance and efficient functioning of the
district and meets requirements established by City Council.

D. USE REGULATIONS The "HP" Historic Preservation District shall function as an overlay to the Zoning District Map of Marshall. Those uses permitted by the Zoning Ordinance of Marshall, within the several zoning districts, shall be subject to the additional requirements of the "HP" District regulations if they fall within the "HP" District boundaries.

1.
Residential structures shall be limited to the use for which they were originally
intended and shall be used for occupancy in the manner for which they were
originally designed.

2.
Commercial, industrial or public buildings shall be used according to the Use
Regulations of their respective existing district.

E. INTENSITY OF USE REGULATIONS The Intensity of Use Regulations for the existing zoning district shall apply to the designated "HP" District.

F. HEIGHT REGULATIONS The Height Regulations for the existing zoning district shall apply to the designated "HP" District.

G. YARD REGULATIONS
1. The minimum Yard Regulations for the existing zoning district shall apply to the
designated "HP" District.

2.
To the extent that existing patterns of lotting contribute to the character of HP
Districts, it is the intent of these regulations to encourage continuation of such
patterns. It is further intended to prevent future fragmentation of land ownership
likely to have adverse effects on such character. Lots or portions of lots existing
in HP districts may be combined, but no existing lot or combination of lots,
parcels or portions thereof in single ownership at the time of zoning to HP status,
shall be reduced in width, depth or area without the approval of the Planning
Commission. The Commission may grant individual applications for such
approval upon finding that such reduction would not adversely affect the
character of the district in general or of surrounding property, or may establish
general rules regarding approval to apply within the district or any sub-area
established.

H. PARKING AND LOADING OR UNLOADING REGULATIONS
1. The parking and loading or unloading regulations for the existing zoning district
shall apply to the designated "HP" District.

2.
No required off-street parking or loading space shall be located in any required
front yard.

 

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