(A) Purpose. The purpose of the Rural Heritage Mixed Use District (HD) is to facilitate the preservation of the county's significant historic resources that are under pressure due to adjacent incompatible development, proposed future development, or existing underutilization and neglect. The goal is to prevent the loss of historic, cultural, and heritage sites by incorporating compatible mixed-use development that promotes tourism, economic vitality, and complements the historic character of the district. The aim is to allow adaptive re-use of significant historic buildings and introduce new uses at an intensity and scale that fit into the environs in a balanced and compatible manner, fostering a vibrant and sustainable district that celebrates its unique heritage assets.
(B) Intent of general uses. The intent of the Rural Heritage Mixed Use District (HD) is to function in a compatible manner that enhances the attractiveness of the district as a destination. This regulation does not presuppose all potential permitted used. General uses could include:
(1) Tourism-oriented facilities such as hotels, bed and breakfasts, inns, conferences centers/meeting halls, amphitheater and museums;
(2) Commercial activities such as retail, galleries, craft studios, restaurants, and cafes;
(3) Production facilities such as distilleries, storage/warehousing, breweries, wineries, vineyards, orchards; agricultural and food production;
(4) Recreational amenities such as hiking trails, parks, gardens, rides/attractions, and other leisure opportunities;
(5) Other uses not contemplated may be deemed appropriate.
(C) Eligibility to apply for zoning change to HD. A proposed Rural Heritage Mixed Use District (HD) must contain one or more historic resources that are currently listed or eligible for the National Register of Historic Places (NRHP) that are currently vacant, abandoned, underutilized, or located in an area where adjacent future land uses are not favorable to the continued preservation of the resource(s). Eligibility of non-NRHP-listed or non-NRHP-eligible resources shall be determined by a professional meeting or exceeding the professional who 1) is retained by contract or employed by the Fiscal Court or Planning Commission and 2) meets or exceeds qualifications standards set by the Secretary of the Interior. Their analysis shall include an assessment of the levels of significance and integrity of all identified primary and accessory/associated resources existing on the property(ies).
(D) Development plan and historic preservation review process.
(1) The Frankfort/Franklin County Planning Commission shall hear applications requesting a zone map amendment to rezone to Rural Heritage Mixed Use District (HD). The request shall include the following items to be considered:
(a) Legal descriptions or plat of properties subject to the rezoning to establish district boundaries.
(b) A conceptual plan depicting the proposed development layout. The conceptual plan should show approximate placement of new buildings and roads. It should identify existing features that are proposed to be demolished. Uses of the existing and new buildings should be labeled.
(c) A detailed written description of the proposed development that includes an explanation of the historic significance and integrity of the primary building, structure, and/or site, as well as any accessory/associated resources, and how the proposed development will incorporate those resources into a cohesive heritage tourism destination.
(d) A list containing the proposed uses including primary uses and ancillary uses shall be approved by the Planning Commission.
(2) Preliminary development plan will be required for approval by the Planning Commission. The preliminary development plan shall include roads, parking, new buildings, existing buildings and historic resources, drainage features, topographical slope, and natural features such as streams, woodlands, and wetlands. It shall also include changes such as structures to be demolished, proposed grading, and removal of trees as well as to identify areas that will be preserved for rural and agricultural uses. The preliminary development plan may be submitted in lieu of the conceptual plan under division (D)(1)(b) above if submitted in conjunction with zone map amendment request and satisfies the requirements of this section herein.
(3) Final development plan and historic preservation review approval is required.
(a) Development plan approval shall include all requirements for a development plan as found in §§ 155.190 through 155.196. The lot area, lot width, yard and usable open space requirements do not apply to Rural Heritage Mixed Use Districts. The siting and location of buildings, improvements, structures and common open spaces within the area of the Rural Heritage Mixed Use District shall be controlled by the development plans which are approved for the Rural Heritage Mixed Use District.
(b) A report shall be developed by a qualified professional meeting the requirements of division (C) above and will include the application of the development guidelines contained in division (E) below of this section to determine the appropriateness of the proposed treatments, alterations, and design of new construction on property of the NRHP-listed or NRHP-eligible resources. The report will be provided to the Planning Commission to assist them with its historic preservation review.
(c) The Planning Commission chairperson or staff will review and have authority for approval of the final development plan. If there have been significant changes between the preliminary and final development plan then the Planning Commission will review and have authority for approval. It will also consider the review report from division (D)(3)(b) above for conditions to be included in final approval.
(E) Development guidelines. The character, scale and aesthetics of the proposed development shall be compatible with the cultural and rural nature of the site. Preservation of NRHP-listed or NRHP-eligible historic buildings and associated contributing elements shall be required and proposed changes to the exterior of these buildings shall be reviewed and approved by the Planning Commission. Demolition of the primary historic resource shall not be permitted. Relocation of accessory or associated resources may be permitted. Demolition of accessory/associated resources may be permitted if the resources lack historic significance or integrity. Rehabilitation of the exterior of the historic buildings and their environs shall follow these design standards, which are to be applied in a reasonable manner, taking into consideration the significance and integrity of each resource, in addition to economic and technical feasibility:
(1) The adaptive re-use of the historic building should require minimal change to the defining characteristics of the building, the site, and environment immediately adjacent. The placement of mixed-use structures in the district should respect the historic character of the historic site.
(2) The character of the historic buildings should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided, if possible.
(3) Each property should be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.
(4) Most properties change over time; those changes that have acquired historic significance in their own right should be preserved.
(5) Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.
(6) Deteriorated historic features should be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature should match the old in design, color, texture, and other visual qualities and, where possible, materials. Missing features should be substantiated by documentary, physical, or pictorial evidence.
(7) Consideration for the potential to find significant archeological resources in the vicinity of the rehabilitation should be given.
(8) New additions, exterior alterations, or related new construction should not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(9) New additions should be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(Ord. 8-2024, passed 8-6-2024)