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(A) The City Council finds that the city has been damaged because of new construction that has harmed the historic and architectural character of the city notwithstanding the feasibility and desirability of designing new buildings that would be appropriate to the established character of the city.
(B) The Council finds that buildings having historic, architectural or cultural value have been significantly altered or destroyed notwithstanding the feasibility of preserving these buildings or altering them in an appropriate way.
(C) The Council finds that the historic and architectural character of the city is of vital importance in maintaining the economy of the city.
(D) The Council finds that the city has played an important role in the development of the county and that the history of the city is shown today through buildings representing the activities and events during its growth. The Council finds that the city has buildings that represent the persons who live or have lived in the city during a period of more than 100 years. It is the finding of the City Council that the distinctive and significant character of the city can only be maintained by protecting and enhancing its historic, architectural and cultural heritage and by preventing unnecessary injury to its Historic Preservation District and its landmarks which are a civic and community asset.
(E) The Council finds that the federal and state governments have passed laws to protect Historic Districts and landmarks and that the National Historic Preservation District Act, being 16 U.S.C. §§ 470 et seq., was amended in 1980 to establish a certified local government program creating a new federal-state-local partnership to encourage the efforts by cities to protect and preserve their Historic Districts and landmarks.
(F) The Council finds that this chapter and the historic preservation program benefits all the residents of the city and all the owners of property.
(G) The City Council declares as a matter of public policy that the preservation, protection and use of Historic Districts and landmarks are a public necessity because they have a special character and historic, architectural and cultural value and thus serve as visible reminders of the history and heritage of the city, state and nation. The Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people.
(H) The purpose of this chapter is to effect the goals as set forth in the above findings and declarations of public policy and specifically, but not exclusively, to:
(1) Effect and accomplish the preservation, protection and use of the Historic Preservation District and individual landmarks which have a special character and historic, architectural value to the city, state and nation;
(2) Promote the educational, cultural, economic and general welfare of the people and safeguard the city’s history and heritage as embodied and reflected in its Historic Preservation District and landmarks;
(3) Stabilize and improve property values in such district and in the city as a whole;
(4) Foster civic pride in the value of notable accomplishments of the past;
(5) Strengthen the economy of the city;
(6) Protect and enhance the city’s attractions to residents and visitors; and
(7) Enhance the visual and aesthetic character, diversity and interest of the city.
(Prior Code, § 156.01) (Ord. passed 8-19-1996)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. Any construction, replacement or change to the exterior of a building or structure when it is visible to the public. An ALTERATION shall include a proposed sign of changes or an existing sign.
CERTIFICATE OF APPROPRIATENESS. The permit, issued by the Historic District Commission, which gives its approval for work to be done in the Historic Preservation District or on a landmark.
CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Act and the regulations of the U.S. Department of the Interior and the State Heritage Council.
COMMISSION. The Historic Preservation District Commission.
DEMOLITION. Any act that destroys in whole or part, a landmark or a building or structure in the Historic Preservation District.
HISTORIC PRESERVATION DISTRICT. An area of architectural, historical or cultural significance which meets one or more of the criteria contained in § 155.06 of this chapter and which has been designated by the city.
LANDMARK. A building or structure of architectural, historical or cultural significance which meets one or more of the criteria contained in § 155.06 of this chapter and which has been designated by the city.
NEW CONSTRUCTION. An addition to an existing building or structure or the construction of a new building or structure.
ORDINARY MAINTENANCE AND REPAIR. Any work, the purpose of which is to correct deterioration or to prevent deterioration of a designated historic property. The work shall restore the property to its appearance prior to deterioration or shall result in the protection of its appearance. The work shall involve the use of the same building materials or as close as possible to the original.
PLANNING COMMISSION. The Hopkins County Joint Planning and Zoning Commission.
(Prior Code, § 156.02) (Ord. passed 8-19-1996; Ord. passed 8-9-1999)
(A) Establishment. There is hereby established the Historic District Commission for the city. The Commission shall consist of five members appointed by the Mayor and approved by the City Council. The members shall have demonstrated interest in historic preservation and at least two members shall have training or experience in a preservation-related profession: architecture, history, archeology, architectural history, planning or related fields. When one or two professional members are not available, the Mayor may appoint other persons interested in historic preservation to serve. When the Commission reviews an issue that is normally evaluated by a professional member and that field is not represented by the Commission, the Commission shall seek expert advice before rendering its decision. In making appointments, the Mayor shall seek to include a member who is active in real estate. Members of the Commission shall serve without compensation, but they will be reimbursed for expenses incurred in the performance of their duties in accordance with the rules educational meeting on historic preservation per year. This meeting shall have been approved by the State Historic Preservation Officer.
(B) Terms of office. The terms of office of the members shall be three years, except the terms of one member of the original Commission shall expire after two years and the term of one member of the original Commission shall expire after one year. Each member shall serve until the appointment and qualification of his successor. Vacancies on the Commission shall be filled within 60 days. When a vacancy occurs during a term of office, it shall be filled within 60 days, and the person selected shall be appointed for the unexpired portion of the term.
(C) Officers. The Commission shall each year elect members to serve as Chairperson, Vice-Chairperson and Secretary. The Chairperson shall preside at the meetings of the Commission and shall be spokesperson for the Commission. In his or her absence, the Vice-Chairperson shall perform these duties. The Secretary shall prepare in minutes of the Commission’s meetings which shall be available for public inspection.
(D) Conflict of interest. No member of the Commission shall vote on any matter that may affect the property, income or business of that member.
(Prior Code, § 156.03) (Ord. passed 8-19-1996)
(A) Specific powers. In addition to the powers and duties stated elsewhere, the Commission shall take action necessary and appropriate to accomplish the purpose of this chapter. These actions may include, but are not limited to, the following:
(1) Conducting or causing to be conducted a continuing survey of cultural resources in the community according to the guidelines established by the State Heritage Council. Local review commissions may receive copies of the State Heritage Council inventory of historic buildings for their community;
(2) Recommending to the City Council the designation of Historic Preservation Districts and individual landmarks;
(3) Establishing and using written guidelines for the conservation of designated local landmarks and historical districts in decisions on requests for permits for alterations, demolition or additions to listed landmarks and buildings within Historic Districts; regulating alterations; regulating demolitions, relocations, maintenance and repairs and new construction involving designated property;
(4) Acting in an advisory role to other officials and departments of local government regarding the protection of local cultural resources, advising the federal, state and county governments and other parts of city government;
(5) Acting as a liaison on behalf of local government by advising and assisting individuals and organizations concerned with historic preservation;
(6) Conducting educational programs including the preparation of publications and the placing of historical markers;
(7) Attending at least one informational/educational meeting per year, approved by the State Historic Preservation Officer; and/or
(8) May receive regular assistance in the performance of its responsibilities from the city staff. In addition, the city shall, by contract, obtain assistance on preservation matters from a professional with expertise in historic preservation or a closely related field.
(B) Rehabilitation of buildings. The Commissions may initiate and encourage plans for the preservation and rehabilitation of individual historic buildings. The Commission shall, on a regular basis, give special recognition by way of awards or press releases, to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of the city.
(C) Survey of historic buildings. In making its survey of historic buildings and areas, the Commission shall conduct this work in accordance with the guidelines of the State Heritage Council. The Commission shall provide its survey and preservation plan to assist the city and the county in their overall planning efforts.
(D) Meetings of the Commission. The Commission shall adopt and make public rules for the transaction of its business and shall hold monthly public meetings, when necessary. All meetings shall require a quorum of three members, the Chairperson reserving the right to vote. All meetings shall have a previously available agenda and shall comply with the State Open Meetings Statute, KRS 61.805. A simple majority of the membership attending shall be required for decisions involving Historic Districts and landmarks.
(E) Annual report. The Commission shall prepare and keep on file, available for public inspection, a written annual report of its activities, cases, decisions, qualifications of members and other work.
(F) Right to receive and spend funds. The Commission, in addition to any appropriations made by the city, shall have the right to receive, hold and spend funds which it may legally receive from any and every source both in and out of the commonwealth for the purpose of carrying out the provisions of this chapter.
(G) Other duties under the certified local government program. In the development of the certified local government program, the city may ask the Commission to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act.
(Prior Code, § 156.04) (Ord. passed 8-19-1996; Ord. passed 8-9-1999)
(A) Initiation of nominations; appeal. To participate in the certified local government program, the city shall initiate all local nominations to the National Register of Historical Places and shall request the Commission to submit recommendations on each proposed nomination to the National Register. The Commission shall obtain comments from the public that shall be included in their National Register recommendations. Within 60 days of the receipt of a nomination from a private individual or the initiation of a nomination by the city, the city shall inform the State Heritage Council and the owners of the property of the two recommendations regarding the eligibility of the property. The Commission’s decision shall be forwarded in the city’s report. However, if the city and the Commission do not agree, both opinions shall be forwarded in the city’s report. If the city and the Commission recommend that a property not be nominated, the State Heritage Council shall inform the property owner, the State Historic Preservation Review Board and the State Preservation Officer, and the property will not be nominated unless an appeal is filed with the State Historic Preservation Officer. Register criteria for evaluation is found in 36 C.F.R. § 60.4, National Register.
(B) Review of nominations; appeals. If the city and the Commission agree that a property should be nominated or if either of them feel that a property shall be nominated, the nomination will receive a preliminary review by the State Historic Preservation Board. The Review Board shall make a recommendation to the State Historic Preservation Officer who decides whether to forward the nomination to the U.S. Secretary of the Interior who shall make the decision on listing the property on the National Register. The city, the Commission or the property owner may appeal the final decision by the State Historic Preservation Officer.
(Prior Code, § 156.05) (Ord. passed 8-19-1996)
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