(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