§ 7.1. NEIGHBORHOOD CONSERVATION

7.1.1

Intent Statement

The designation of the Neighborhood Conservation Overlay District (oNC) is intended to ensure the conservation and improvement of buildings and neighborhoods which, in their aggregate or individually, are of special community and neighborhood significance. In addition, the overlay district is intended to provide a framework that will encourage and provide incentives for property owners in designated older areas to maintain their property, environment and the integrity of their neighborhood, conserve important components of the City's housing stock and protect property values. The maintenance provisions of this development code are not only designed to generally promote the health and safety of the community, and its residents, but also to encourage the preservation and restoration of the amenities which were originally present in each designated neighborhood. The purpose of the district includes the following specific objectives:

A.

Encourage proper maintenance, preservation, protection and enhancement of original neighborhood character and streetscape in older neighborhoods;

B.

Foster neighborhood and civic pride in the older neighborhoods and historic areas of the City;

C.

Encourage compatible new construction, rehabilitation and alterations to existing structures;

D.

Enhance the visual and aesthetic character, diversity and interest of the City;

E.

Encourage rehabilitation and preservation or return of owner-occupancy of residential structures in certain areas where the owner-occupied structures designed as single family dwellings have been or are in danger of being converted to multiple dwellings in a manner which may adversely affect their immediate neighborhood;

F.

Strengthen the City's and neighborhood's economy;

G.

Enable economic use of older structures in a manner compatible with residential values;

H.

Protect neighborhood property values;

I.

Protect against the introduction and spread of slum and blighting conditions.

7.1.2

Designation

The City Council may, in the manner provided for amending this development code, designate specific areas as oNC Overlay District when such areas are consistent with the standards set forth below, and with the provision of a Neighborhood Conservation Plan adopted by the City Council as part of the Comprehensive Plan. The standards for determining whether an area should be designated are as follows:

A.

Neighborhoods that contain an older housing stock which are in need of upgrading and rehabilitation, and areas which are deteriorating due to overcrowding, inappropriate conversions, nonconforming use and excessive economic speculation;

B.

Neighborhoods that contain buildings or structures which individually or collectively represent a distinguishable entity of local historic, cultural or architectural significance; or represent a historical character in terms of common neighborhood living style, date of origin, lot size, building type and architectural style and character;

C.

Neighborhoods adjacent to landmarks, buildings, or structures, or designated historic districts having important historic, architectural or cultural interest; or

D.

Neighborhoods that offer or have the potential to offer suitable and decent housing at affordable prices for City residents.

7.1.3

Application of the District

A.

Any oNC district designated by the City Council shall be shown as an overlay to the existing underlying district with the designation oNC on the Zoning District Map, as amended. The provisions of the Neighborhood Overlay Plan for the district and the provisions of this development code shall serve as a supplement to the underlying district regulations. The oNC district is not limited to residential underlying districts and may be applied to the following districts: R1, R2, R3, R4, R6, R7, R8, CN, CG, B1, I1, I2, and I3.

B.

Except where specifically altered in this oNC Overlay District, or by ordinance adopting or amending the Overlay District Designation for any specific area, the uses, housing types, minimum lot and yard requirements, maximum height, accessory uses and signs shall be determined by the regulations applicable to the underlying district over which the oNC district is superimposed.

7.1.4

Specific Provisions for Neighborhood Plan

Any Neighborhood Conservation Plan adopted pursuant to this development code shall be an amendment to the City's Comprehensive Plan and shall be adopted in the same manner as any other amendment to the Comprehensive Plan. Each Neighborhood Conservation Plan shall include but not be limited to a description of the character of the neighborhood sought to be conserved or restored, the economic or residential function of the neighborhood, the slum and blighting conditions sought to be avoided, if any, and the policies to be adopted to remedy the specific conditions in the neighborhood which result in the need for a Neighborhood Conservation Plan.

7.1.5

Neighborhood Regulations

At the time any neighborhood is designated as an area subject to the provisions of this development code, the City Council may adopt specific regulations which shall apply to the neighborhood. It is anticipated that different neighborhoods will be subject to differing regulations. Such regulations shall be consistent with the Neighborhood Conservation Plan which applies to the neighborhood so designated, and shall become amendments to this development code.