§ 6-15-11-5. RELATIONSHIP TO SPECIAL USES, MINOR VARIATIONS, FAMILY NECESSITY VARIATIONS, AND MAJOR VARIATIONS.

Whenever an application is made for a special use, minor variation, family necessity variation, or major variation relating to a historic landmark, or a property located in a local historic district that involves exterior alterations, the application shall be referred to the Preservation Commission that shall have the authority to make its recommendations to the appropriate decision making body. Excluded from the recommendation of the Preservation Commission are alterations where a certificate of appropriateness may be approved by the Zoning Administrator, as set forth Title 2, Chapter 8, "Historic Preservation," and the Preservation Commission Rules and Procedures. Recommendations relating to lot coverage, yard requirements, parking, building height, and/or landscaping shall be based upon its determination as to whether the special use or variation:

(A)

Is necessary and/or appropriate in the interest of historic conservation so as to not adversely affect the historical architecture or aesthetic integrity of the landmark or character of local historic districts; or

(B)

Is necessary to provide the owner a recoverable rate of return on the real property where the denial thereof would amount to a taking of the property without just compensation; and

(C)

Will not be materially detrimental to the public health, safety, and welfare, or injurious to property in the district or vicinity where the property is located.

(Ord. 89-0-05; Ord. No. 79-O-18 , § 4, 7-23-2018)

Editor's note

Ord. No. 79-O-18 , § 4, adopted July 23, 2018, changed the title of Section 6-15-11-5 from "Relationship to special uses and variations" to "Relationship to special uses, minor variations, family necessity variations, and major variations." The historical notation has been preserved for reference purposes.