(A) The City Council and/or property owner may request the Historic District Commission to study his or her building in order to make a recommendation on whether it qualifies for designation as a landmark and landmark site. Each designation of a landmark shall include the designation of a landmark site.
(B) The Commission shall assemble information about a property or district being considered for designation and shall schedule a public hearing on the proposed designation. Prior to the hearing the Chairperson or other members of the Commission may have an individual meeting with an owner or a tenant of a building under construction for designation as a landmark or as a part of a historic district. The purpose of these meetings shall be to explain the provisions of this chapter and to answer questions about how a designation would affect the owner or tenant. Prior to the hearing the Commission may hold an educational meeting in an area or neighborhood under consideration in order to explain the provisions of this chapter and to answer questions.
(C) Advertised notice of the public hearing shall be given, including conspicuous posting on the property and publication pursuant to KRS Chapter 424 in the proposed district for 14 consecutive days immediately prior to the hearing. Notice of the hearing shall be given at least 14 days in advance of the hearing by first class mail to the owners of property under consideration and the owners of all adjoining property. Written notice shall be considered sufficient when it is mailed to the person listed as owner in the records maintained by the Property Valuation Administrator.
(D) Before its first public hearing on a designation, the Commission shall recommend to the Mayor and City Council and gain approval for general guidelines that will apply to the city’s landmarks and historic districts and will assist owners in the preservation and rehabilitation of their property. The general guidelines shall include the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and may include other guidelines that will apply to all designated property in the city. In its guidelines and in its decisions the Commission shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the historic district. The Commission may expand or amend the guidelines provided it holds a public hearing on the changes and submits the proposed changes to the Mayor and City Council for approval.
(E) A landmark or historic district shall qualify for designation when it meets one or more of the following criteria which shall be discussed in a Commission report making its recommendations to the Mayor and City Council:
(1) Its value as a reminder of the cultural or archaeological heritage of the city, state or nation;
(2) Its location as a site of a significant local, state or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the city, state or nation;
(4) Its identification as a work of a master builder, designer or architect whose individual work has influenced the development of the city, state or nation;
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance;
(6) Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant concentration of buildings or structures united by past events or by its plan or physical development; or
(8) Its character as an established and geographically definable residential neighborhood or business district, united by culture, architectural style or physical plan and development.
(F) After evaluating the testimony at its public hearing, survey information and other material it has assembled, the Commission shall make its recommendation to the Mayor and City Council with a written report on the property or area under consideration. In its report the Commission may set goals for a proposed historic district in order to encourage appropriate work in the district.
(G) The Oldham County Joint Planning and Zoning Commission shall report to the Mayor and City Council on the relationship between the proposed designation and any existing or proposed plans for development of the city. The Planning Commission’s comments shall consider how the proposed designation may affect the community’s zoning ordinance, zoning district map and comprehensive plan.
(H) The Mayor and City Council shall approve, modify or disapprove the proposed designation within 60 days after receiving the recommendation from the Commission.
(I) The Commission shall notify each owner of the decision relating to his or her property and shall arrange that the designation of property as a landmark or as a part of a historic district be recorded in the land records of the county. The Commission shall also give notice of the decision to the government offices in the city and county which shall retain them for future reference.
(J) The amendment or recision of any designation shall be accomplished through the same steps as were followed in the original designation.
(K) The applicant may appeal a decision on a certificate of appropriateness issued by the Historic District Commission to the Code Enforcement Board, and all of the rules and procedures provided in the Code Enforcement Board ordinance shall apply, including the right to an appeal to District Court.
(Ord. 7-89, passed 7-3-1989; Ord. 3-92, passed 4-6-1992; Ord. 25-2005, passed 1-3-2006; Ord. 2-2016, passed 3-7-2016)