§ 161.07 DESIGNATION OF THE HISTORIC DISTRICT OVERLAY (HDO) FOR HISTORIC SITES, STRUCTURES AND DISTRICTS AND CERTAIN PROVISIONS RELATED TO THE DOWNTOWN HISTORIC DISTRICT.
   (A)   The Board of Commissioners may designate boundaries for sites, structures, or districts of historic, archaeological, or architectural significance consistent with adopted criteria for such designation.
      (1)   The Downtown Historic District shall be considered the area bounded as follows:
         (a)   See map attached to Ord. 2021-0323 as Exhibit A and incorporate by reference as if fully set forth herein. (The map adopted by and through Ord. 2018-005 remains the current map and is readopted by reference herein.)
         (b)   See map attached to Ord. 2021-033 as Exhibit B and incorporated by reference for Expanded Historic District Area.
      (2)   Historic District Overlay Design Guidelines and/or Standards are hereby approved and adopted by reference in their entirety and made a part of the public records of the City of Franklin and a copy of the most current adopted amendment to said Guidelines and/or Standards shall be placed and kept on file in the office of the City Clerk where they may be inspected by any person for any reason during the hours such office is open. These Guidelines and/or Standards may be amended from time to time, and any amendments shall be approved by the Board of City Commissioners by resolution.
      (3)   With regard to the structures located in the Downtown Historic District and regardless of any other ordinance to the contrary including, but not limited to applicable zoning ordinances, the first floor of a structure located within the area of the defined Downtown Historic District shall serve as commercial property only and, further, shall only be used for those commercial purposes permitted in a B-l zone. No one shall be allowed to occupy the first floor store front portion of the structure as a residence. A rear entrance residence may be allowed if that portion of the structure was designed as residential prior to the passage of this chapter, and if approved in writing by the HPC.
   (B)    Criteria for designation. In considering any property for designation as an historic site/ structure/district, the HPC shall consider the property as an eligible designation when it meets one or more of the following criteria listed under either division (B)(1) or (2) below:
      (1)   Historic, archaeological and cultural significance:
         (a)   The property has significant character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation;
         (b)   The property is the site of an historic event;
         (c)   The property is identified with a person or group of persons who have historical significance or who have influenced society; or
         (d)   The property exemplifies the cultural, economic, social, political or historic heritage of the city.
      (2)   Architectural and design significance:
         (a)   The property embodies the distinctive characteristics of a type, period or method of construction or architecture;
         (b)   The property represents the work of a master craftsman, architect or builder;
         (c)   The property possesses significant artistic value;
         (d)   The property represents a significant and distinguishable entity whose components may lack individual distinction;
         (e)   The property represents an established and familiar visual feature of the neighborhood, community or city due to its singular physical characteristics, landscape or historical event; or
         (f)   The property is a rare example of a particular period, style, material or construction technique.
   (C)   Procedure for designation of a HDO.
      (1)   Petitions for designation as a historic site or structure shall be initiated by the legal owners of the site or structure. Petitions for designation of an HDO shall be initiated by a majority of the owners of the properties comprising the proposed district. Petition for designation of an historic site, structure or HDO may also be made within the downtown commercial district or central business district by the Board of Commissioners with input from the public.
      (2)   Petitions for designation shall be filed with, and on forms provided by the City Manager, which will refer the petition to the HPC.
      (3)   All petitions shall include the following:
         (a)   A detailed cultural resource survey of the HDO;
         (b)   A detailed preservation plan for the HDO.
      (4)   The HPC will refer the petition to other appropriate agencies for comment. In addition, the planning staff will review the facts and relevant information concerning a petition and render a report thereon.
      (5)   Upon receipt of the recommendations of the planning staff, the HPC shall schedule a public hearing on the petition, which must be held within 45 days of the receipt of those recommendations. All hearings shall be held in accordance with KRS 82.660.
      (6)   Upon finding that a proposed designation meets the intent of this chapter, and that such designation is in the public interest of the citizens of the city, the HPC may recommend to the Board of Commissioners the designation of an historic site/structure/district and, if such a designation is made, the change in the HDO to be posted on the official city zoning map.
      (7)   After concluding a hearing on a petition, the Board of Commissioners shall issue their decision. If the decision of the Board of Commissioners is to make such designation, the City Attorney shall prepare an ordinance to affect that result and the Planning and Zoning Administrator shall cause a change in the map upon the adoption of the ordinance.
(Ord. 2018-005, passed 4-9-2018; Ord. 2018-017, passed 11-19-2018; Ord. 2021-033, passed 1-10-2022)