(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.)