Article I — ADAPTIVE REUSES IN HISTORICALLY SIGNIFICANT HOMES

The purpose of the provisions set out in this article is to establish procedures for the permitting of certain nonresidential uses in existing residential structures, in order to encourage the preservation of homes identified by the Historic and scenic preservation commission as having special historical, architectural or cultural significance in the community. (Ord. 1906 § 1, 1986: Ord. 1000 § 52.10(J), 1955)

As used in this article:

ADAPTIVE REUSE: A nonresidential use that is to be utilized in conjunction with a residential use. The following individual uses or a combination thereof are allowed under this section, if determined to be appropriate for the particular location and structure:

• A. Art association and art galleries;

B. Conducting of charitable, nonprofit or political events and programs of general public interest; premises at which events are held no more often than yearly shall not require a permit under this section;

• C. Conducting of receptions;

• D. Conducting of recitals;

• E. Conducting of weddings;

• F. Gift shop as an accessory use to another use in this list;

• G. Home tours, including showcase homes;

• H. Museums;

• I. Retreats, such as for executives and religious groups.

HISTORICAL, ARCHITECTURAL OR CULTURAL SIGNIFICANCE: The architecture or design of the structure is exemplary of a significant or unique architectural style, or, that the structure as owned by a person or group of persons who have significant historical or cultural involvement with the development of the City. (Ord. 1906 § 1, 1986: Ord. 1000 § 52.10(J)(2), 1955)

Application shall be in the form of a conditional use permit. The applicant must be the owner, as demonstrated by a grant deed, the lessee pursuant to a lease with a term of at least twenty five (25) years, or the purchaser pursuant to a land sale contract. These additional requirements shall be imposed:

A. The structure shall serve as the primary residence of the owner unless the owner is a nonprofit corporation. An exception may be granted

for nonprofit entities that qualify for tax exempt status pursuant to federal or state law.

B. The historic and scenic preservation commission shall review the proposal for a determination of special historical, architectural or cultural significance prior to planning commission review, and their recommendations shall be considered by the planning commission in imposing conditions on the project. The structure shall be included on the city's Register of Historic and Scenic Properties or a state or national listing of historical significance, during the life of the permit.

C. If the use at any time becomes objectionable to the neighborhood due to noise, odors, lights, traffic, on street parking, nighttime activities, or any other nuisances, the application may be revoked pursuant to chapter 18.192 of this title.

D. The permit is granted solely to the applicant. If control of the property is transferred to another party, a new permit shall be required.

E. The projected volume of traffic to be generated by the activity, as compared to normal traffic expected with full development of the site in accordance with the zone classification, shall be utilized as a guide in determining the number, size, frequency and hours of activities to be permitted. For other than home tours, art galleries and museums, the number of activity days in the multiple-family residential zones shall not exceed four (4) in any calendar month, and in the single- family zones shall not exceed two (2) in any calendar month, except upon special approval by the planning commission for good cause shown.

F. Permits shall be subject to a one year review period by the planning commission after the first year of operation.

G. All proceeds derived from the adaptive reuse of a historic home shall be used exclusively for the physical preservation and restoration of this structure, and to defray the reasonable costs of administering activities authorized by the permit. (Ord. 1906 § 1, 1986: Ord. 1000 § 52.10(J)(1), 1955)

A. The lot upon which the adaptive reuse is to be established shall conform to the minimum area and dimension standards of the zoning district in which it is located, and shall not be further subdivided.

B. Parking spaces in a permitted location shall be provided on the same lot for the adaptive reuse(s) in addition to the required parking spaces serving the resident owner. No on street parking is permitted.

C. Any sign shall be reviewed as part of the conditional use permit application and shall not exceed four (4) square feet in area. If not attached to the residence, a sign shall not exceed three feet (3') in height. One sign shall be permitted. The sign may only be externally lighted. Signs may only be lighted during hours of activity. Lighting shall be turned off between ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.

D. The planning commission may, at the time of application hearing, determine a reasonable combination of adaptive reuses to be permitted.

E. The applicable provisions of article VI of this chapter shall apply to adaptive reuse(s).

F. In addition to standards required of all conditional use permits, per chapter 18.192 of this title, the planning commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural or cultural features of the structures or property, as a condition of the permit. (Ord. 2470 § 2, 2001: Ord. 1906 § 1, 1986: Ord. 1000 § 52.10(J)(3), 1955)