§ 27-150. Same—Prerequisite to rezoning.

(a)

No change in the zoning of any real property designated as a historic landmark or as part of a historic district shall be recommended by the planning commission to the unified government board of commissioners without an accompanying certificate of appropriateness granted by the landmarks commission.

(b)

A certificate of appropriateness shall be granted by the landmarks commission for a zoning classification change if:

(1)

The request is for a change of zoning classification in which none of the permitted uses would have a detrimental effect on the historic, cultural or architectural character of the real property designated as a historic landmark or located within a historic district or of other improvements thereon; or

(2)

The request is for a use allowed by special permit that would not have a detrimental effect on the historic, cultural or architectural character of the real property designated as a historic landmark or located within a historic district or of other improvements thereon.

(c)

All site plans for proposed uses contingent upon a change in zoning in historic districts or relative to historic landmarks must be approved by a majority vote of the quorum present of the landmarks commission prior to submission to the unified government board of commissioners for final approval.

(Code 1964, § 2-26(7)(C); Code 1988, § 27-117; Ord. No. 49004, § 2, 9-1-1970; Ord. No. 63524, § 1, 11-12-1981; Ord. No. 64598, § 1, 2-2-1984)