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The Council, upon recommendation of the HPC and the Planning Commission, may approve the HP modifying district if it finds that all of the following findings of fact exist:

A. The subject HPD is unique by virtue of historical significance and therefore requires special handling of development.

B. The underlying zone regulations do not allow the property owners and/or the City appropriate control or flexibility needed to preserve the historic character of the HPD.

C. The establishment of the modifying district will help preserve the historical significance of an HPD.

D. The HP modifying district is necessary and will help to enhance and protect the public convenience, health, safety and general welfare. (Ord. 3196 § 3, 2011).