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(A) When Required. A certificate of appropriateness shall be required before a person or entity may undertake any exterior alterations on a property or structure or prior to the initiation of any new construction or the demolition of all or any part of any building or structure on any premises in a historic district except as otherwise noted herein. Recurring maintenance which does not require issuance of a building permit under § 157.101 may be undertaken without a certificate provided the work involves repairs to existing features of a building or the replacement of elements of a building with identical pieces which will not alter the exterior appearance and historic character of the building. Furthermore, nothing contained in this chapter is intended to mandate that existing non-contributing structures be brought into compliance. The Building Inspector may determine that an application for building permit is for alterations to a structure which is an existing non-contributing structure and that such application is otherwise exempt from the requirements of this section. However, applications for building permits for existing non- contributing structures nevertheless shall be reviewed to determine that new additions or modifications do not cause further negative impact on the historic character of the district, and, in the event of general renovation or restoration of any existing non-contributing Structure costing 50% or more of the total fair market value of the structure, the Board may require the applicant to reincorporate historic design elements to the extent reasonably practicable in the Board's discretion.
(B) Standard for Review of Applications. In its review of the material submitted in support of an application for a certificate the Board (or the Building Inspector, if applicable) shall examine the architectural design and the exterior surface treatment of the proposed construction on the site in question and its relationship to other structures within the area, the relationship of the proposed construction to the design of the building, and other pertinent factors affecting the appearance and efficient functioning of the historic district or individual landmarks contained therein. The Board's authority shall extend to any material exterior changes including, but not limited to, painting previously unpainted masonry, sandblasting wood or masonry or repainting of masonry walls. In all instances, however, the Board shall regulate only those outside surfaces of a building which can be viewed from the primary or secondary street or other right of way which is contiguous with the structure. Interior arrangements shall not be considered, and no requirements shall be imposed except for the purpose of preventing development incongruous in scale, design or materials to the historic or architectural aspects of the district or landmark. In reviewing proposals, the Board shall refer to the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as currently or hereinafter in effect, and the Board shall comply with the design guidelines and criteria adopted by the Historic Preservation Commission.
(C) Procedure. A certificate may be issued by the Board (or by the Building Inspector if applicable) in accordance with the following procedures:
(1) Filing. In the event that information submitted with an application for building permit is deemed insufficient to enable a determination under this section, the Board may require the submission to the Building Inspector of any or all of the following additional items: architectural plans, plot plans, landscaping plans, plans for off-street parking, plans for signs, building elevations, photographs, or prospective drawings depicting the proposed structure with existing adjoining or nearby structures which are substantially related to it visually or by reason of function, traffic generation or other characteristics. In such event, the applicant shall not be deemed to have completed an application for certificate until such specific information is submitted.
(2) Issuance of Certificates by the Building Inspector. The Building Inspector shall issue no building permit which would result in the demolition, alteration or construction of all or any part of a structure (other than existing non-contributing Structures) within a historic district unless and until a certificate has been approved or a determination has been made that no certificate is required. In order to expedite disposition of routine applications for exterior changes, the Board may define and delegate such items to the responsibility of the Building Inspector by adoption of public guidelines or policies to delineate permissible areas of responsibility. Upon his review of such information as may be submitted with an application, and upon determination that all requirements of the guidelines have been met, the Building Inspector shall approve or disapprove the application. At any time, the Building Inspector may elect to defer action upon a pending application and to refer any application to the full Board for review and a hearing. Any person aggrieved by any determination to issue or disapprove an application to issue a certificate may appeal to the Board as provided hereinafter.
(3) Certificates for Demolition. The specific criteria for issuance of certificates for demolition of structures (other than existing non-contributing structures) on any parcel within a historic district shall be as follows:
(a) If the application is for demolition of an addition, for a portion of a building or for an accessory structure which is not significant to the principal structure, site, landmark or the historic district, and the approval of the application would not adversely affect the remaining parts of the structure, site, landmark or the historic district which are significant, the Building Inspector may review and approve issuance of the certificate.
(b) In all other cases, the Board shall conduct a public hearing concerning the application, and may approve the issuance of the certificate only if the application is for the demolition or moving of a building (or portion thereof) which does not contribute to the character of and will not adversely affect the character or the remainder of the historic district, or, alternatively, if no reasonable economic return can be realized from the property without the demolition, and the denial of the application would result in the taking of the property without just compensation. The applicant shall bear the burden of proving that a taking without compensation would occur, and the Board may require the applicant to produce all relevant information concerning the property and its value including but not limited to, date(s) of purchase and amount(s) paid for the property and the relationships, if any, between buyer and seller; gross income and cash flow from income producing property; operating and maintenance expenses; assessed value for tax purposes; annual debt service; appraisals; real estate listings for sale or rent and terms and conditions of offers made or received; and consideration for profitable and/or reasonable adaptive uses for the property in lieu of demolition.
(4) Notice of Hearing. In the event that a public hearing before the Board is deemed necessary prior to approval or disapproval of an application, notice of the time and place of the hearing and its purpose shall be given by publication in the newspaper in accordance with KRS Chapter 424 and additional notice shall be provided to the record owner of adjacent properties via certified mail at the address listed for such owner in the property tax records of the city.
(5) Hearings. All public hearings conducted before the Board on applications for certificates shall be conducted in the same manner and utilizing the same procedures as hearings before the Board of Appeals under § 150.20. The Board shall vote to approve or disapprove all or part of any application for certificate within 30 days after the hearing is finally completed. The Building Inspector shall promptly issue any certificate if approved by the Board during any hearing or take such additional steps to implement or enforce the Board's other determination, if any, as may be required.
(6) Appeals. Any person aggrieved by any decision of the Board on an application for certificate (including any appeals from actions of the Building Inspector) may appeal the decision of the Board in the same manner prescribed for appeals from the Board of Appeals under § 150.02.
(Ord. 2002-10, passed 7-1-02)