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(A) The Urban Design Review Board and the procedures for which it is responsible for implementing are intended to promote the educational, cultural, travel, industry, and other economic resources and the general welfare of the city by preserving and protecting the old, historic, or architecturally worthy structures, sites, monuments, streetscapes, squares, and neighborhoods. It is the unique character of Covington's residential and commercial neighborhoods that imparts distinctiveness to the city and which serves as visible reminders of the history and cultural heritage of the city, the state, and the nation.
(B) The Urban Design Review Board is established for the purpose of stabilizing and improving property values in the City and encouraging new buildings and developments that will be harmonious with the existing historic buildings and districts but will not necessarily be of the same architectural style. Regulations in such areas are intended to protect against destruction of or encroachment upon such areas, structures, or sites, to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archeological heritage of the city; to prevent creation of environmental influences and adverse conditions to such purposes; and to assure that new structures and uses in such areas will be in keeping with the character to be preserved and enhanced. The purpose is to develop the City not as a museum but as a vital living area in which each succeeding generation may build with the quality and sensitivity of past generations.
13.03.02 Establishment; Makeup.
(A) An Urban Design Review Board must consist of nine members who shall be appointed by the Board of Commissioners, and who have demonstrated knowledge of or interest in the preservation of historic and architectural landmarks.
(B) The nine members must be selected from the following organizations or professions, and must be appointed by the Mayor and City Commission:
(1) One member from the American Institute of Architects, recommended by the Institute.
(2) One member from the Board of Realtors or Appraisers, recommended by either organization.
(3) One member from Covington Business Council, recommended by the organization.
(4) One member from the Main Strasse Village Association, recommended by the Association, or a member that lives in the Main Strasse area.
(5) Five members representing Historic Preservation Overlay zones or KRS Chapter 99 Development Plan areas where the Urban Design Review Board has review authority.
(C) All appointees must be residents of the city whenever possible.
(D) All members must have a demonstrated interest in historic preservation, and at least two members must have training or experience in a preservation-related profession, architecture, landscape architecture, history, archeology, architectural history, planning, or related fields. Appointments to the Urban Design Review Board must, whenever possible, be consistent with the above guidelines as to individual membership. Whenever possible, appointments should be made primarily from the above listed organizations; but when nominees are not available from such organizations, the City Commission reserves the right to nominate other interested individuals.
(E) The Urban Design Review Board must keep accurate attendance figures and report annually on the attendance of members. In the event that any member of the Urban Design Review Board is absent from more than one-third of the regularly scheduled meetings, the City Commission reserves the right to reconsider such Urban Design Review Board member's appointment and to replace such Urban Design Review Board member for the reason of excessive absenteeism. Such replacement must be consistent with the general appointive guidelines of this section.
13.03.03 Terms of Office.
(A) The members of the Urban Design Review Board may serve without pay but may be reimbursed by the City for necessary expenses incurred in connection with their duties. The members must serve overlapping terms of four years or until they are reappointed or their successors are appointed. Initially three members must be appointed for a term of one year, two members for a term of two years, and two members for a term of three years, and two members for a term of four years. Members may be reappointed for consecutive terms. After the initial appointments, all appointments must be made for a term of four years.
(B) If a member representing a designated organization or profession will cease to be a member of that organization or profession, or if a vacancy will occur from some other cause, a new appointment must be made by the Mayor and City Commission for the unexpired term, using the procedures of appointment set forth above.
(C) Vacancies on the Urban Design Review Board must be filled within 60 days, with the replacement completing the term of the previous member.
13.03.04 Organization .
(A) The Urban Design Review Board must elect from its membership a Chairperson and a Vice Chairperson who must serve for terms of one year and who must be eligible for reelection. The Chairperson must preside over the Urban Design Review Board and must have the right to vote. In the absence or disability of the Chairperson, the Vice Chairperson must perform the duties of the Chairperson.
(B) The Secretary of the Urban Design Review Board must be the Historic Preservation Officer. The Urban Design Review Board must receive assistance in the performance of its responsibilities from the Historic Preservation Officer whose assigned duties must include this work with the Urban Design Review Board and who must have expertise in historic preservation or a closely related field. Other city staff members must assist the Urban Design Review Board by providing technical advice or helping in the administration of these sections of the zoning ordinance.
(C) A majority of the members of the Urban Design Review Board must constitute a quorum. The Urban Design Review Board must adopt and make public a set of bylaws for the transaction of its business which must provide for the time and place of regular meetings and for the calling of special meetings by the Chairperson or by at least two members of the Urban Design Review Board. All meetings of the Urban Design Review Board must be open to the public and a public record must be kept of the Urban Design Review Board's resolutions, proceedings, and actions. The Urban Design Review Board must hold at least four meetings per year, scheduled at regular intervals in a public place. The decisions of the Urban Design Review Board must be made in public with applicants notified of meetings and decisions.
(D) The Urban Design Review Board is empowered to issue a Certificate of Appropriateness upon a majority vote of Urban Design Review Board members present and voting. It may be signed by the Historic Preservation Officer on behalf of the Chairperson or Vice-Chairperson.
(E) The Urban Design Review Board must cause full minutes of its meetings to be kept, and upon approval by the Urban Design Review Board, they must be filed with the Secretary/Historic Preservation Officer, who must make them available for public inspection and must file and maintain them in a manner similar to that provided for minutes of meetings.
(F) No member of the Urban Design Review Board may vote on any matter that may affect the property, income, or business interests of that member. Urban Design Review Board members are not allowed to participate in discussions at Urban Design Review Board meetings (either as a sitting member or as an applicant) about any property in which they may have an interest and they must disqualify themselves prior to the beginning of a discussion about property in which they have an interest.
13.03.05 Duties and Powers.
(A) The Urban Design Review Board must conduct a continuing survey of historical and cultural resources according to State Historic Preservation Office guidelines and must maintain an inventory of these resources in its jurisdiction for use by public agencies and private owners. The Urban Design Review Board must prepare a plan for the preservation of these resources for use in advising other officials and departments of local government.
(B) The Urban Design Review Board must make recommendations to the City Commission for the designation of Historic Landmarks and Historic Preservation Overlay zones.
(C) The Urban Design Review Board must make decisions on requests for Certificates of Appropriateness. The Urban Design Review Board must use the Covington Design Guidelines or any applicable Chapter 99 Development Plan area guidelines in making decisions on these requests to alter, demolish, relocate, or add to a designated property, or to build a new structure in designated Historic Preservation Overlay zones or Chapter 99 Development Plan areas. The guidelines may include the United States Secretary of the Interior's Standards for Rehabilitation.
(E) The Urban Design Review Board must make decisions on requests for waivers or modifications of the infill development standards of this ordinance, the Mixed Use Corridor Overlay (MUC-O) Zone, and the Linden Gateway District (LGD) Zone. The Urban Design Review Board must use the Review and Approval Criteria in accordance with § 12.15.
(F) The Urban Design Review Board must advise and assist the federal and state governments and property owners and other persons and groups interested in historic preservation. The Urban Design Review Board must undertake educational programs that may include the preparation of publications, the holding of meetings on preservation issues and the placing of historical markers.
(G) The Urban Design Review Board may initiate plans for the rehabilitation of individual historic structures.
(H) Each Urban Design Review Board member must attend each year one informational or educational meeting that has been approved by the State Historic Preservation Officer.
(I) Nominations to the National Register of Historic Places.
(1) To participate in the certified Local Government Program, the city government must initiate local nominations to the National Register of Historic Places, and must request the Mayor and the Urban Design Review Board to submit recommendations on each proposed nomination to the National Register.
(2) The Mayor and the Urban Design Review Board must obtain comments from the public that will be included in their National Register recommendations.
(3) Within 60 days of the receipt of a nomination from a private individual or the initiation of a nomination by the city government, the city government must inform the State Historic Preservation Office and the owner of the property of the two recommendations regarding the eligibility of the property.
(a) If the Mayor and the Urban Design Review Board do not agree, both opinions must be forwarded in the city government's report.
(b) If both the Mayor and the Urban Design Review Board recommend that a property not be nominated, the State Historic Preservation Office must inform the owner and the State Historic Preservation Review Board, and the property will not be nominated unless an appeal is filed with the State Historic Preservation Officer.
(c) If either or both the Mayor and the Urban Design Review Board recommend that a property should be nominated, the nomination will receive a preliminary review by the State Historic Preservation Review Board.
(4) The State Historic Preservation Review Board must make a recommendation to the State Historic Preservation Officer, who decides whether to forward the nomination to the United States Secretary of the Interior, who must make the decision on listing the property on the National Register.
(5) The Mayor, the Urban Design Review Board, or the property owner may appeal the final decision by the State Historic Preservation Officer.
(6) In the development of the Certified Local Government Program, the city government may ask the Urban Design Review Board to perform other responsibilities that may be delegated to the city government under the National Historic Preservation Act.
(J) The Urban Design Review Board is responsible for review of applications for waivers or modifications of the infill development standards of this ordinance, in accordance with § 12.15.
(Ord. O-37-06, passed 8-15-06; Am. Ord. 10-04, passed 6-24-10; Am. Ord. O-35-10, passed 9-28-10)