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The Architectural and Historic Board of Review shall consist of five voting members appointed by the Mayor with the approval of Council. At least one member shall be the owner of property in the Kenton Downtown Historical District, one shall be a downtown business person who is a member of the Kenton Area Chamber of Commerce, one shall be a downtown business operator and two shall be drawn from the general citizenry of the Municipality. Members shall be appointed for three-year terms to serve without compensation. In the initial appointment of Board members, one shall be appointed for a one-year term, two for a two-year term, and two for a three-year term. Thereafter, members shall be appointed for three-year terms.
(Ord. 90-010. Passed 6-11-90; Ord. 91-022. Passed 1-13-92; Ord. 03-012. Passed 7-28-03.)
(a) Generally.
(1) The Architectural and Historic Board of Review established in Section 1437.04 shall serve to protect and preserve the value, appearance and use of property on which buildings are constructed or altered, to maintain a high character of community development, to protect the public health, safety, convenience and welfare and to protect real estate within the Kenton Downtown Historical District from impairment or destruction of value. Such purposes shall be accomplished by regulating the design, use of materials, color scheme, finished grade lines, dimensions, orientation and location of all main and accessory buildings to be created, moved, altered, remodeled or repaired, subject to the provisions of the Zoning and Building Codes and other applicable ordinances and of the Municipality and the State. In reviewing, regulating and approving building plans, the Board shall consider and take cognizance of the development of adjacent, contiguous and neighboring buildings and properties for the purpose of achieving safe, harmonious and integrated development of related properties.
(2) The purpose of such regulation shall be to help increase property values and commerce in general.
(3) When requested, the Board shall act in an advisory capacity to any officer, board or commission of the Municipality. In fulfilling any such request, the Board may require drawings, plans, specifications or studies to be submitted according to the provisions of this chapter for its evaluation and recommendation.
(b) Establishment of Guidelines. Council hereby finds and determines that the establishment of guidelines for the construction, erection, alteration, removal, moving or demolition of buildings and structures in the District is vital to the preservation of the educational, cultural, economic and general welfare of the District and of the residents of the Municipality.
Council further finds and determines, on the basis of its own observations and knowledge, that the following purposes will be served by the establishment of such guidelines by this chapter:
(1) Promotion of the use and preservation of historic buildings, structures and sites which reflect the cultural, social, economic, political or architectural heritage of the District for the education and general welfare of the residents of the Municipality;
(2) Protection and enhancement of the attractiveness of the District as it relates to residents, tourists and visitors, serving as a support and stimulant to business and thereby strengthening the economy of the Municipality and its residents;
(3) Stabilization and increase of property values within the District;
(4) Compatibility of any and all construction of new improvements and buildings and modifications of existing structures to conform to the historic architectural character of the District;
(5) Enhancement of the visual and aesthetic character, diversity and interests of the District;
(6) Preservation and further enhancement of civic pride of the residents of the Municipality in the beauty of the District and in the accomplishments of the past; and
(7) Protection of the property rights of owners whose property lies within areas of historic architectural significance in the District.
(Ord. 88-005. Passed 3-14-88.)
The Architectural and Historic Board of Review shall meet within the first fifteen days of January of each year and shall elect one of its members as Chairman, a second member as Vice-Chairman and a third member as Secretary. The Board shall meet monthly and more frequently at the call of the Chairman. A scheduled meeting may be cancelled, by action of the Chairman, if it can be determined that there are no applications or issues of the Board to address. The elected Chairman, who shall serve until a successor is elected, shall be responsible for the proper administration of the Board's work. In the absence of the Chairman responsibility shall fall to the Vice-Chairman. The elected Secretary shall keep, or cause to be kept, in the Municipal offices, a complete and accurate record of all meetings and proceedings of the Board.
Three members of the Board shall constitute a quorum, and a majority vote shall be required to take action. In order to better carry out the provisions of the chapter, the Board, by formal motion, may adopt rules for the conduct of its business.
(Ord. 88-005. Passed 3-14-88; Ord. 91-022. Passed 1-13-92.)
(a) Standards for Rehabilitation. The Director of Public Service and the Architectural and Historic Board of Review, in their consideration of applications, shall use as general guidelines the United States Secretary of the Interior's Standards for Rehabilitation, which are as follows:
(1) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
(2) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) All buildings, structures and sites shall be recognized as products of their own time. Alterations having no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right , and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftmanship which characterize a building, structure or site shall be treated with sensitivity.
(6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that damage the historic building materials shall not be used, except in situations where such methods are the only solution to cleaning and/or restoration.
(8) Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10) Wherever possible, new additions or alterations to structures shall be made in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(b) Specific Guidelines. The Board, in its consideration of applications, shall use as specific guidelines the following for the Kenton Downtown Historic District:
Specific Guidelines | |
Item | Section Number |
Specific Guidelines | |
Item | Section Number |
Demolition | 1437. 11 |
Facade Capping | 1437. 12 |
Fences | 1437. 13 |
Materials and Details | 1437.14 |
New Construction | 1437.15 |
Parking and Landscaping | 1437.18 |
Porches, Steps and Applied Architectural Features | 1437. 19 |
Restoration and Rehabilitation | 1437.21 |
Siding and Surface Treatment | 1437.23 |
Signs | 1437.24 |
Site/Setback | 1437.27 |
Kenton Downtown Historical District Streetscape Plans | 1437.25, 1437.26 |
Windows and Doors | 1437.28 |
(Ord. 88-005. Passed 3-14-88; Ord. 91-022 . Passed 1-13-92. )
(a) No applicant shall construct, erect, alter, remove, move or demolish any structure or building within the Downtown Historical District without a permit issued as provided in this section.
(b) Applications for any permit required by this chapter shall be submitted to the City Clerk who shall then submit them to the Architectural and Historic Board of Review. If the Board is satisfied that the application complies with the requirements of this chapter, the Board shall issue the appropriate permit. Notice of the issuance of a permit or denial of an application shall be given to the applicant in writing within thirty days of submission.
(c) Any applicant whose application has been denied by the Board may, within twenty days of the date of the notification, appeal the denial to the Architectural and Historic Board of Review. The appeal shall be in writing and shall specify the grounds therefor. The Board shall hear the appeal at a regular or special meeting, provided that the applicant shall be given at least ten days advance notice of the hearing date. The Board shall decide the appeal within thirty days after the hearing, and shall notify the applicant in writing, of its decision. If the application is denied for a second time by the Board, the applicant may appeal the denial to the Kenton City Council. The City Council shall hear the appeal at a regular scheduled meeting, provided the applicant shall be given ten days advance notice of the meeting/hearing. City Council will vote on the application at the hearing or the immediately following regularly-scheduled meeting of City Council. The applicant shall be notified of the decision within ten days of the decision. Such decision shall be binding upon the Architectural and Historic Board of Review or the Kenton City Council, as applicable, and the terms and conditions thereof shall be incorporated in the permit required hereunder.
(d) Any applicant whose application request does not comply with the requirements of this chapter must submit a variance application along with their permit application. Included with the variance application shall be an explanation as to why the request cannot be completed in compliance with the requirements of this chapter.
(e) In determining whether a permit shall be issued, the Architectural and Historic Board of Review shall consider whether the proposed change will adversely affect or destroy any significant historic or architectural feature of the structure, whether it is inappropriate or inconsistent with the spirit and purpose of this chapter, and whether it will adversely affect or destroy the general historic and architectural significance of the District. With respect to a proposed demolition, a determination shall be made as to whether preservation or rehabilitation is economically feasible for the applicant and a permit shall be issued if the denial of the same would result in practical difficulty or unnecessary hardship that would deprive the applicant of the reasonable use of the land or building involved.
(Ord. 91-022. Passed 1-13-92; Ord. 23-023. Passed 9-25-23.)
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