(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)