(A) A certificate of appropriateness from the Historic District 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;
(1) Alteration or restoration of the exterior part of a structure that is facing a street;
(2) New construction;
(3) Demolition; or
(4) Relocation.
(B) No building permit shall be issued for any designated property unless an approved certificate of appropriateness or proper waiver form is submitted to the building official as part of the permit application.
(C) When a person wishes to undertake an exterior alteration visible to the street affecting a landmark, a landmark site or a property in a historic district or when a person wishes to undertake new construction, a demolition or a relocation affecting a landmark, a landmark site or a property in a historic district, that person shall apply to the Commission for a certificate of appropriateness. This application is required even when the proposed work does not require a building permit. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building, structure or site and adjacent properties, and information about the building materials to be used.
(D) In the event work is being performed without the required certificate of appropriateness and upon recommendation from the Commission, the Chief of Police or his or her designee shall issue a stop work order. All work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Commission shall meet with the owner or tenant to resolve the problem. The city may apply in Circuit Court for an injunction to enforce its stop work order.
(E) The Commission shall hold a public hearing on each certificate of appropriateness within 30 days after a completed application is received by the Commission unless it meets those listed for staff approval in the guideline book. The Commission shall make a decision on the application within ten days after the public hearing. 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 unless the applicant and the Commission have agreed in writing to an extension. Applicants shall be given notice of the public hearings and meetings relating to their application 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 hearing shall be given, including conspicuous posting on the property pursuant to § 156.06(C).
(F) In making a decision on an application, the Commission shall use its guidelines
. The Commission shall consider: the effect of the proposed work on the landmark, the landmark site, or the property in the historic district upon which such work is to be done; and the relationship between such work and other buildings and structures on the landmark site or other property in the historic district. In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, texture and materials. The certificate from the Commission shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(G) 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. The Commission shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Commission. A certificate of appropriateness shall not be required for the painting of the building.
(H) When considering an application to demolish a landmark, building or structure on a landmark site, or a building or structure in a historic district, the Commission shall follow the guidelines approved by the Mayor and City Council. The Commission may negotiate with the applicant to see if an alternative to demolition can be found. 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 the landmark. 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 or her building. The Commission may ask applicants for additional information to be used in making these determinations. If economic hardship or the lack of a historic district can be put to reasonable beneficial use without the application but work with the applicant to try and find a reasonable solution to the issue. 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 § 156.06(F).
(I) When an applicant wishes to move a landmark, a building or structure on a landmark site, or a building or structure in a historic district or when an applicant wishes to move a building or structure to a landmark site or to a property in a historic district, the Commission shall consider: the contribution the building or structure makes to its present setting; whether there are definite plans for the site to be vacated; whether the building or structure can be moved without significant damage to its physical integrity; and the compatibility of the building or structure to its proposed site and adjacent properties. These considerations shall be in addition to the points contained in § 156.06(E).
(J) The applicant may appeal a decision on a certificate of appropriateness within 30 days of issuance by the Historic District Commission to the Board of Adjustments and Appeals, where the rules of procedure for administrative appeals shall apply, and may appeal a decision of the Board of Adjustments and Appeals to the Oldham Circuit Court within 30 days of the Board's decision, otherwise the decision shall be deemed final and unappealable. The Code Enforcement Board shall have the power to hear violations of the Historic Preservation Ordinance as provided in § 35A.07.
(K) When applying to the Commission for a certificate of appropriateness, it is the burden of the applicant to provide adequate supportive documentation and information for the Commission to make an appropriate decision. Where applicable, the applicant shall provide drawings of the proposed work, photographs of the existing building, structure or site and adjacent properties, and information about the building materials to be used. The Commission will be guided by the information provided by the applicant and the approved guidelines when making their decision.
(L) The Commission will treat all applicants fairly and impartially. If a conflict of interest, or perceived conflict of interest exists for a Commission member, that member will remove himself or herself from the decision making process. Possible conflicts resulting from ex parte contacts or communication will be avoided by all Commission members. An ex parte contact or communication is an oral or written communication that is not on the public record, and of which other interested parties are not given reasonable prior notice. An example of an ex parte contact is an interested party discussing an application with a Commission member outside of a public meeting prior to the application review.
(Ord. 7-89, passed 7-3-1989; Ord. 25-2005, passed 1-3-2006; Ord. 2-2016, passed 3-7-2016; Ord. -2020, passed 12-3-2020)