Section
156.01 Declaration of purpose and public policy
156.02 Definitions
156.03 Board of Architectural Review established
156.04 Powers and duties of Board
156.05 Nominations to National Register of Historic Places
156.06 Designation of landmark and landmark sites and historic districts
156.07 Approval of changes to landmarks, landmark sites, and property in historic districts
156.08 Conformity with certificate of appropriateness
156.09 Maintenance and repair of landmarks, landmark sites and property in historic districts
156.10 Exemption
City Council finds as follows:
(A) That buildings and neighborhoods having historic, architectural or cultural interest and value have been neglected, altered or destroyed notwithstanding the feasibility and desirability of preserving and continuing the use of such buildings and neighborhoods and without adequate consideration of the irreplaceable loss to the public.
(B) That the historic character of Dayton is of vital importance in maintaining the economy of the city and that its historic buildings and neighborhoods can be preserved, improved and used by means of appropriate changes.
(C) That Dayton has we11-established residential and business districts and that the history of the city is shown today through buildings representing the activities and events during its growth. And that the city has buildings and areas that represent the persons who live and work or have lived and worked in Dayton during a period of more than one hundred (100) years. And that the distinctive and significant character of this city can only be maintained by protecting and enhancing its historic, architectural and cultural heritage and by preventing unnecessary injury or destruction of its landmarks and historic districts which are civic and community assets.
(D) That the federal and Kentucky governments have passed laws to protect and preserve landmarks and historic districts, that some of these laws provide incentives for historic preservation, and that the National Historic Preservation Act permits the establishment of a certified local government program creating a new federal-state-local partnership to encourage the efforts by cities to protect and preserve their landmarks and historic districts.
(E) That individual historic preservation projects have already been undertaken in Dayton and that this chapter will encourage additional preservation work that will be important in achieving the goals of the city.
(F) That this chapter benefits all the residents of Dayton and all the owners of property.
(G) That it is a matter of public policy that the preservation, protection and use of landmarks and historic districts is a public necessity because they have a special character or a special historic, architectural or cultural interest and value and thus serve as visible reminders of the history and heritage of this city, state and nation. Further it is 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) That 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) Accomplish the preservation, protection and use of historic landmarks, landmark sites and districts having a special character or special historic, architectural or cultural interest and value to this 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 reflected in such landmarks, sites and districts;
(3) Stabilize and improve property values in such districts 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 attraction to residents, tourists and visitors and serve as a support and stimulus to business; and
(7) Enhance the visual and aesthetic character, diversity and interest of the city.
(Ord. 2007-4, passed 2-6-07)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BOARD.” The Dayton Board of Architectural Review.
“CERTIFIED LOCAL GOVERNMENT.” A government meeting the requirements of the National Historic Preservation Amendment Act and implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
“DEMOLITION.” Any act that destroys in whole or in part a landmark or a building or structure in a historic district or on a landmark site.
“HISTORIC DISTRICT.” An area meeting one (1) or more of the criteria contained in § 156.06(E).
“LANDMARK.” A building, structure or site meeting one (1) or more of the criteria contained in § 156.06(E).
“LANDMARK SITE.” The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the setting for a landmark.
(Ord. 2007-4, passed 2-6-07)
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