(A) (1) A certificate of appropriateness from the Commission 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 of a building or structure that is visible to the public. Activities which require a certificate of appropriateness include, but are not limited to:
1. Repair or replacement of roofs, gutters, siding, masonry, external doors and windows, trim, lights and other appurtenant fixtures, with different materials or different design;
2. Removal or relocation of a building, structure or object, or a portion thereof, including out buildings;
3. New construction or any enlargement, modification, or alteration of the exterior of an existing building, structure or object, which requires a building permit;
4. Removal, replacement, or enclosure of porches;
5. Basic alteration of materials, including installation of siding, shingles, or masonry facing;
6. Installation or removal of fencing of fence walls;
7. Installation or removal of shutters;
8. Removal, installation, modification or alteration of exterior architectural features;
9. Exterior sandblasting, water blasting, other abrasive cleaning or chemical cleaning; and
10. Fire-time painting or permanent removal of paint;
(b) New construction;
(c) Demolition; or
(d) Relocation.
(2) A certificate of appropriateness is required even when the proposed work does not require a building permit. When seeking a building permit for a project involving designated property, a person must submit a certificate of appropriateness approving any of the work listed in this division (A).
(B) (1) 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 that does not require a building permit, that person shall apply directly to the Commission for a certificate of appropriateness. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used.
(2) The Code Enforcement Officer shall forward to the Commission every application for a permit that would authorize an exterior alteration visible to the public, new construction, demolition or relocation affecting the landmark, a landmark site or a property in a historic district. The Code Enforcement Officer shall give the applicant a form from the Commission requesting additional information from the applicant.
(C) (1) In the event work is being performed without the required certificate of appropriateness, the Code Enforcement Officer shall issue a stop work order. In the event that work requiring a certificate of appropriateness, but not a building permit is being performed without the required certificate of appropriateness, the Code Enforcement Officer shall issue a stop work order. In the event work is being performed which is not in accordance with the certificate, the Code Enforcement Officer shall issue a stop work order and any law enforcement officer may cite violators in District Court.
(2) No additional work shall be undertaken as long as a stop work order shall continue in effect.
(3) The city may apply to Circuit Court for an injunction to enforce its stop work order and any other appropriate relief in order that the intent of this chapter shall be carried out.
(4) The Commission shall meet with the owner or his or her agent to resolve the problem.
(5) The City Attorney may seek in Circuit Court an injunction.
(D) (1) The Commission shall hold a public hearing on each certificate of appropriateness within 45 days after a completed application is received by the Commission. The Commission shall make a decision on the application within 45 days after the receipt of a completed application; provided that, the Commission may extend the time for decision an additional 60 days when the application is for demolition or new construction. The Commission 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 Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved.
(2) Applicants shall be given notice of the public hearings and meetings relating to their applications and shall be informed of the Commission’s decision. 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 for five consecutive days immediately prior to the hearing.
(E) (1) In making a decision on an application, the Commission shall use the general guidelines and the guidelines it has adopted for that landmark or historic district. The Commission shall consider:
(a) The effect of the proposed work on the landmark or the property upon which the work is to be done; and
(b) The relationship between the work and other structures on the landmark site or other property in the historic district.
(2) In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, texture, materials and color. The certificate of appropriateness from the Commission shall not relieve the applicant from complying with the requirements of other state and local laws and regulations.
(F) In making a decision on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission 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 Commission for its comments.
(G) (1) The Commission shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the written guidelines of the Commission. At each meeting, the Commission shall be informed of the certificates of appropriateness that have been issued under this provision. The Commission shall not regulate the color of paint used on designated property, but it may prepare and distribute material on paint colors appropriate for different types and styles of buildings.
(2) Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided this work on a landmark, a landmark site or a property in a historic district does not change its exterior appearance that is visible to the public. Every person in charge of a landmark or a property in a historic district shall keep it in good repair:
(a) All of the exterior portions of the buildings or structures; and
(b) All interior portions thereof which, if not so maintained, may cause the buildings or structures to deteriorate, to become damaged or otherwise to fall into a state of disrepair. The purpose of this provision is to prevent a person from forcing the demolition of his building by neglecting it and by permitting damage to the building because of weather or vandalism.
(3) No provision in this chapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his building to its original appearance. The provisions of this section shall be in addition to the provisions of the Kentucky Building Code requiring buildings and structures to be kept in good repair.
(H) The Commission 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 Commission shall discuss with the owner ways to improve the condition of his or her property. After this step, the Commission may request the Code Enforcement Officer to take action to require correction of defects in any building or structure designated under this chapter, so that the building or structure shall be preserved in accordance with the purposes of this chapter. Action taken by the City may include boarding up the doors, windows and other parts of the building and additional steps to stabilize walls, roofs and other parts of the building or structure in accordance with Chapter 95 of this code of ordinances. The Commission shall request a meeting with the owner of properties within a historic district that it considers to be vacant or underutilized, and the Commission shall discuss with each owner ways to better their property so that it might better contribute to the economic well- being and preservation of the historic district.
(I) (1) When a property is damaged by fire, storm or other unexpected events, the owner or tenant may receive approval from the Chairperson or Vice-Chairperson of the Commission for the work to be done in response to this emergency. At its next meeting, the Commission shall be informed of the certificates of appropriateness that were issued. In situations requiring temporary action, an owner may do work in order to temporarily protect the property from further damage provided the owner reports this work to the Commission within two business days.
(2) An owner shall immediately notify the Code Enforcement Officer 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 promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(3) In any case where the Code Enforcement Officer 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, he or she may order remedying of these conditions without the approval of the Commission. The Code Enforcement Officer shall promptly notify the Chairperson of the Commission of the action being taken.
(J) (1) 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 Commission shall negotiate with the applicant to see if an alternative to demolition can be found. The Commission 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 Commission 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 a landmark site.
(2) On all other demolition applications, the Commission 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 Commission shall also determine whether the applicant can obtain a reasonable return from his building. The Commission may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in division (E) above. If economic hardship or the lack of a reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds grounds to grant the demolition application under the points contained in division (E) above.
(K) (1) When the applicant wishes to move a landmark, a building or structure on a landmark site or a building or structure in a historic district or wishes to move a building or structure to a landmark site or to a property in a historic district, the Commission 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 § 99.31(E).
(L) (1) A certificate of appropriateness shall remain valid for one year after it is issued. Work is required to start before the end of the one-year period. If actual work is not commenced within one year the certificate is invalid.
(2) For the purpose of this division (L), the following definition shall apply unless the context clearly indicates or requires a different meaning.
ACTUAL WORK. Includes the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition is required preparatory to rebuilding, the excavation or demolition shall be deemed to be actual work; provided that, it shall be carried out diligently.
(M) The applicant shall have an appeal to the City Council from a decision of the Commission denying an application for a certificate of appropriateness. The appeal must be filed, in writing, with the City Clerk within 14 days after the decision of the Commission. The City Council shall hold a public hearing and shall vote on the appeal within 60 days of its receipt. The City Council shall transmit its decision, in writing, to the applicant, the Commission and the Code Enforcement Officer.
(N) New owners. Purchase of a building in the downtown historic district requires:
(1) Communication with the Historic Preservation Commission to ensure all requirements of the Historic Preservation District are understood and to acknowledge any outstanding business or violations with the Historic Preservation Commission; and
(2) A good faith effort by the property owner to communicate with the Commission regarding any proposed alterations and/or maintenance beyond that what is defined by this chapter as ordinary.
(Ord. 2400, passed 1-28-2002; Am. Ord. 2022-3007, passed 5-23-2022)