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(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
All work performed pursuant to a certificate of appropriateness shall conform to the provisions of such certificate. It shall be the responsibility of the building inspector and the Board to inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with such certificate, 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.
(Ord. 2007-4, passed 2-6-07) Penalty, see § 38.15
(A) (1) Every person in charge of a landmark, a landmark site or a property in a historic district shall keep in good repair:
(a) All of the exterior portions of such buildings or structures; and
(b) All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair.
(2) The purpose of this section is to prevent a person from forcing the demolition of his or her building by neglecting it and by permitting damage to the building because of weather or vandalism. No provision in this chapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his or her building to its original appearance.
(B) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness provided this work on a landmark, a landmark site or property in a historic district does not change its exterior appearance that is visible to the public.
(C) An owner shall immediately notify the city of emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic district, and the owner shall immediately start and complete the work required to make his or her property safe. In any case where the city determines that there are emergency conditions dangerous to life, health or property affecting a landmark, a landmark site or a property in a historic district, the city shall order the remedying of these conditions without the approval of the Board. The city shall promptly notify the Chairman of the Board of the action being taken.
(D) The Board shall request a meeting with a property owner when his or her landmark or his or her building in a historic district is in poor repair, and the Board shall discuss with the owner ways to improve the condition of his or her property.
(E) The provisions of this section are in addition to all other provisions of all city, local or state codes applicable to building and property maintenance.
(Ord. 2007-4, passed 2-6-07) Penalty, see § 38.15