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)
(A) There is hereby established the Dayton Board of Architectural Review. The Board shall consist of five (5) members appointed by the Mayor and approved by the City Council. The members shall have demonstrated interest in historic preservation, and at least one (1) member shall have training or experience in a preservation-related profession: architecture, history, archaeology, architectural history, planning or related fields. When a professional member is not available, the Mayor may appoint a person interested in historic preservation to serve. When the Board reviews an issue that is normally evaluated by a professional member and that field is not represented on the Board, the Board 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 Board shall serve without compensation. Each member shall attend at least one (1) educational meeting on historic preservation per year. This meeting shall have been approved by the State Historic Preservation Officer.
(B) The terms of office of the members shall be four (4) years, except the terms of two (2) members of the original Board shall expire after one (1) year and one (1) member of the original Board shall expire after two (2) years and one (1) member of the original Board shall expire after three (3) years. Each member shall serve until the appointment and qualification of that member’s successor. When a vacancy occurs during a term of office, it shall be filled within sixty (60) days, and the person selected shall be appointed for the unexpired portion of the term.
(C) The Boards shall each year elect members to serve as Chair, Vice Chair and Secretary. The Chair shall preside at the meetings of the Board and shall be the spokesperson for the Board. In the Chair’s absence, the Vice Chair shall perform these duties. The Secretary shall prepare the minutes of the Board’s meetings which shall be available for public inspection.
(D) No member of the Board shall vote on any matter that may affect the property, income or business interest of that member.
(Ord. 2007-4, passed 2-6-07)
Cross-reference:
Other Departments, Boards, Commissions and Authorities, see Ch. 34
(A) The Board shall have the following duties and powers:
(1) To conduct a survey of historic buildings and areas and to prepare and recommend to City Council a plan for their preservation;
(2) To recommend to the City Council the designation of historic districts and individual landmarks and landmark sites;
(3) To recommend to City Council written guidelines for making exterior changes to designated property and for undertaking new construction on designated property;
(4) To regulate alterations visible to the public that are proposed for designated property, regulate demolitions, relocations, and new construction involving designated property;
(5) To work with and advise the federal, state and county governments and other parts of city government on its area of expertise;
(6) To advise and assist property owners and other persons and groups including neighborhood organizations who are interested in historic preservation;
(7) To conduct educational programs including the preparation of publications and the placing of historical markers; and
(8) To take any and all other actions which may be assigned to it by the Mayor and/or City Council.
(B) The Board shall recommend to City Council plans for the preservation and rehabilitation of individual historic buildings. The Board shall on a regular basis, give recognition to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of Dayton.
(C) In making its survey of historic buildings and areas, the Board shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Board shall provide that its survey and preservation plan shall be maintained and continued. The Board shall use the preservation plan to assist the city and Campbell County in their overall planning efforts.
(D) The Board shall prepare comments on the relationship between Dayton’s historic districts and landmarks and plans for redevelopment projects. These comments shall include suggestions on how to link the new and old buildings.
(E) The Board shall adopt and make public rules for the transaction of its business and shall hold at least four public meetings annually and special public meetings when necessary. All meetings shall comply with the Kentucky Open Meeting Statute, KRS 61.805. A simple majority of the membership shall constitute a quorum for decisions involving historic buildings and areas.
(F) The Board shall prepare and keep on file, available for public inspection, a written annual report of the activities, cases, decisions, qualifications of members and other work.
(G) The Board, in addition to any appropriations made by the City of Dayton, shall have the right to recommend to City Council applications for grants and special funding which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out its duties.
(H) In the development of the certified local government program, the city may ask the Board to perform other responsibilities that may be delegated to the Board under the National Historic Preservation Act.
(I) The Board shall receive regular assistance in the performance of its responsibilities from a city staff member. In addition, the city may, by contract, obtain assistance on preservation matters from a professional with expertise in historic preservation or a closely related field. Other city staff members may be asked to assist the Board by providing technical advice or helping in the administration of this chapter.
(Ord. 2007-4, passed 2-6-07)
(A) To participate in the certified local government program, the city shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Board to submit recommendations on each proposed nomination to the National Register. The Mayor and the Board shall obtain comments from the public that shall be included in their National Register recommendations. Within sixty (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 Kentucky Heritage Council and the owner of the property of the two (2) recommendations regarding the eligibility of the property. If the Mayor and the Board do not agree, both opinions shall be forwarded in the city’s report. If both the Mayor and the Board recommend that a property not be nominated, the Kentucky Heritage Council shall inform the property owner, the Kentucky Historic Preservation Review Board and the State Historic Preservation Officer, and the property will not be nominated unless an appeal is filed with the State Historic Preservation Officer.
(B) If the Mayor and the Board agree that a property should be nominated or if either of them feels that a property should be nominated, the nomination will receive preliminary review by the Kentucky Historic Preservation Review 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 Mayor, the Board or the property owner may appeal the final decision by the State Historic Preservation Officer.
(Ord. 2007-4, passed 2-6-07)
(A) The City Council may request the Board to study a building or an area in order to make a recommendation on whether it qualifies for designation as a landmark, a landmark site or historic district. The owner of a property may request the Board to study his or her building in order to make a recommendation on whether it qualifies for designation as a landmark or landmark site. Each designation of a landmark shall include the designation of a landmark site.
(B) The Board shall assemble information about a property or district being considered for designation and shall schedule a public hearing on the proposed designation. Prior to the hearing the Chair or another member of the Board may have an individual meeting with an owner or a tenant of a building under construction for designation as a landmark or as a part of a historic district. The purpose of these meetings shall be to explain the provisions of this chapter and to answer questions about how a designation would affect the owner or tenant. Prior to the hearing, the Board may hold an educational meeting in an area or a neighborhood under consideration in order to explain the provisions of this chapter and to answer questions.
(C) Advertised notice of the public hearing pursuant to KRS Chapter 424 shall be given, including conspicuous posting on the property or in the proposed district for fourteen (14) consecutive days immediately prior to the hearing. Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by certified letters to the owners of property under consideration and the owners of all adjoining property. Written notice shall be considered sufficient when it is mailed to the owner at the address listed in the records maintained by the Property Valuation Administrator.
(D) Before its first public hearing on a designation, the Board shall recommend to City Council and gain approval for general guidelines that will apply to Dayton’s landmarks and historic districts and will assist owners in the preservation and rehabilitation of their property. The general guidelines may include the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and may include other guidelines that will apply to all designated property in the city. In its guidelines and in its decisions the Board shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the historic district. The Board may expand or amend the guidelines provided it holds a public hearing on the changes and submits the proposed changes to the City Council for approval.
(E) A landmark or historic district shall qualify for designation when it meets one (1) or more of the following criteria which shall be discussed in a Board report making its recommendations to the City Council:
(1) Its value as a reminder of the cultural or archaeological heritage of the city, state or nation;
(2) Its location as a site of a significant city, local, state or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the city, state or nation;
(4) Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state or nation;
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance:
(6) Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant concentration of buildings or structures united by past events or by its plan or physical development; or
(8) Its character as an established and geographically definable residential neighborhood or business district, united by culture, architectural style or physical plan and development.
(F) After evaluating the testimony at its public hearing, survey information and other material it has assembled, the Board shall make its recommendation to the City Council with a written report on the property or area under consideration. In its report the Board may set goals for a proposed historic district in order to encourage appropriate work in the district.
(G) The city’s Planning and Zoning Commission shall report on the relationship between the proposed designation and existing and future plans for the development of the city. If the Planning and Zoning Commission approves of the proposed designation, it shall amend the Comprehensive Plan to include the proposed designation and shall recommend a change in the zoning map to show the proposed historic designation. The Planning and Zoning Commission shall forward its comments, the Comprehensive Plan amendment and the zoning map change to the City Council. If the Planning and Zoning Commission does not approve of the proposed designation, it shall forward its comments to the City Council.
(H) The City Council shall approve, modify or disapprove the proposed designation after receiving the recommendation of the Board and the material from the Planning and Zoning Board. If the City Council decides to make a designation and no Comprehensive Plan amendment has been adopted and no zoning map change has been recommended, the City Council shall request the Planning and Zoning Commission to reconsider its earlier decision, and shall provide that the designation shall take effect after these preliminary steps have been approved.
(I) The Board shall notify each owner of the decision relating to his or her property and shall arrange that the designation of a property as a landmark or as a part of a historic district be recorded in the land records of the county. The Board shall also give notice of the decision to the government offices in the city and county which shall retain them for future reference.
(J) The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(Ord. 2007-4, passed 2-6-07)
(A) (1) A certificate of appropriateness from the Board shall be required before a person may undertake the following actions affecting a landmark, a landmark site, or a property in a historic district:
(a) Alteration of the exterior part of a structure that is visible to the public;
(b) New construction;
(c) Demolition; or
(d) Relocation.
(2) When seeking a building permit involving designated property, the person must submit a certificate of appropriateness approving the work listed in this division (A).
(B) When a person wishes to undertake an exterior alteration visible to the public affecting a landmark, a landmark site or a property in a historic district or when a person wishes to undertake new construction, a demolition or a relocation affecting a landmark, landmark site or a property in a historic district, that person shall apply to the Board for a certificate of appropriateness. This application is required even when the proposed work does not require a building permit. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building, structure or site and adjacent properties, and information about the building materials to be used. Further, the applicant shall pay such application fee as may be assessed by the city for costs of advertising and other costs of administration.
(C) In the event work is being performed without the required certificate of appropriateness, the city shall issue a stop work order. All work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Board shall meet with the owner or tenant to resolve the problem. The city may apply in Circuit Court for an injunction to enforce its stop work order.
(D) The Board shall hold a public hearing on each certificate of appropriateness within thirty (30) days after a completed application is received by the Board. The Board shall make a decision on the application within forty-five (45) days after the receipt of a completed application provided that the Board may extend the time for decision an additional sixty (60) days when the application is for a demolition or new construction. The Board shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its guidelines. The Board may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Board fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants and all abutting property owners shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Board’s decision all by certified mail addressed to the owner at the address listed in the records maintained by the Property Valuation Administrator. Advertised notice shall be given as required by KRS Chapter 424. When an application has been approved, the applicant shall be given a certificate of appropriateness. Advertised notice of the public hearing shall be given, including conspicuous posting on the property.
(E) In making a decision on an application, the Board shall use its guidelines. The Board shall consider: (1) the effect of the proposed work on the landmark, the landmark site, or the property in the historic district upon which such work is to be done; and (2) the relationship between such work and other buildings and structures on the landmark site or other property in the historic district. In evaluating the effect and the relationship, the Board shall consider historical and architectural significance, architectural style, design, texture, materials and color. The certificate from the Board shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(F) In making a decision on an application, the Board shall be aware of the importance of finding a way to meet the current needs of the applicant. The Board shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his or her plans, he or she may bring a tentative proposal to the Board for its comments. The Board shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Board. The list shall include paint colors appropriate for different types of buildings.
(G) Owners and tenants shall apply to the Board for a certificate of appropriateness for a sign before their sign is made. In addition to its guidelines, the Board shall prepare and distribute examples, of signs that would be appropriate in a historic district. The Board’s standards for signs shall be the standards used in a historic district but, also, shall not conflict with the provisions of other local laws and regulations.
(H) When an applicant wishes to demolish a landmark, a building or structure on a landmark site or a building or structure in a historic district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public hearing, the Board may decide that a building or structure in a historic district or on a landmark site may be demolished because it does not contribute to the historic district or to the landmark. On all other demolition applications, the Board shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the historic district can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Board shall also determine whether the applicant can obtain a reasonable return from his or her building. The Board may ask applicants for additional information to be used in making these determinations. If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition application unless the Board finds grounds to grant the demolition application under the points contained in § 156.07(E).
(I) (1) When an applicant wishes to have a landmark, a building or structure on a landmark site, or a building or structure in a historic district moved or when an applicant wishes to move a building or structure to a landmark site or to a property in a historic district, the Board shall consider:
(a) The contribution the building or structure makes to its present setting;
(b) Whether there are definite plans for the site to be vacated;
(c) Whether the building or structure can be moved without significant damage to its physical integrity; and
(d) The compatibility of the building or structure to its proposed site and adjacent properties.
(2) These considerations shall be in addition to the points contained in § 156.07(E).
(J) Within thirty (30) days, the applicant shall have an appeal to the Circuit Court from a decision of the Board on an application for a certificate of appropriateness.
(Ord. 2007-4, passed 2-6-07) Penalty, see § 38.15
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