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(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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