As used in this Article, the following terms shall mean:
(a) Board means the Board of Architectural Review of the Lexington-Fayette Urban County Government.
(b) Certified Local Government means a government meeting the requirements of the National Historic Preservation Amendments Act of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
(c) Certificate of Appropriateness means a document which certifies the findings of the Board of Architectural Review or the Historic Preservation Officer that the work proposed by the applicant is appropriate in a zone protected by an H-1 overlay. The Certificate shall also delineate any conditions imposed by the Board or Historic Preservation Officer in approving the request. In order to grant a Certificate, the Board or the Historic Preservation Officer shall consider all circumstances related to the proposal, and may grant the Certificate if it finds that the proposed changes are consistent with the guidelines adopted by the Historic Preservation Commission.
(d) Commission means the Historic Preservation Commission of the Lexington-Fayette Urban County Government.
(e) Demolition means any act in a zone protected by an H-1 overlay that destroys in whole or in part a landmark or a building or structure or which results in the moving of any landmark, building or structure.
(f) Exterior Change means rehabilitation or replacement which is not ordinary maintenance and repair. New construction of any building element, addition, building or structure is an exterior change. Demolition of any building element, addition, building or structure is an exterior change. The term "exterior change" includes, but is not limited to:
(1) Major rehabilitation, replacement and installation of building elements, such as:
a. Rehabilitating large amounts of existing building elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color.
b. Rehabilitating/replacing existing building elements when changes are made in materials, style or configuration.
c. Installing new building elements.
d. Replacing missing building elements and/or materials.
e. Painting a structure or material not previously painted.
f. Removing paint from a material previously painted.
(2) Major rehabilitation, replacement and installation of site elements, such as:
a. Rehabilitating large amounts of existing site elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color.
b. Rehabilitating or replacing existing site elements when changes are made in materials, style or configuration.
c. Installing new site elements.
d. Replacing missing site elements or materials.
e. Painting a site element not previously painted.
f. Removing paint from a site element which has been painted.
g. Removing trees with trunks more than ten (10) inches in diameter.
h. Major landscaping projects, including installation, relocation or redesign of new or existing site elements.
i. Disturbing fields, archaeological and other land features by demolition or new construction on sites.
j. Rehabilitating or replacing existing signs when changes are made in materials, style and configuration.
k. Installing new signs.
(g) Historic District and Landmark means an area, neighborhood, place, building, structure, site or improvements meeting one (1) or more of the following criteria, and designated by the Urban County Council as a zone protected by an H-1 overlay:
(1) It has value as a part of the cultural or archaeological heritage of the county, state or nation;
(2) Its location is a site of a significant local, state or national event;
(3) It is identified with a person or persons or famous entity who significantly contributed to the development of the county, state or nation;
(4) It is identified as the work of a master builder, designer, or architect whose individual work has influenced the development of the county, state or nation;
(5) It has value as a building that is recognized for the quality of its architecture and that retains sufficient element showing its architectural significance;
(6) It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials;
(7) It has 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;
(8) It has character as an established and geographically definable residential neighborhood, agricultural area, or business district, united by culture, architectural style or physical plan and development; or
(9) It is the place or setting of some unique geological or archaeological location.
(h) Historic Preservation Office Staff means:
(1) The staff to the Historic Preservation Commission and to the Board of Architectural Review shall be the Historic Preservation Office of the Lexington-Fayette Urban County Government. Assistance shall be given by the staff to the Board of Architectural Review and the Historic Preservation Commission in the administration of this Article.
(2) The Urban County Government shall employ a staff in compliance with Certified Local Government requirements. Historic Preservation Office staff shall have expertise in historic preservation.
(i) Ordinary Maintenance and Repair means the correction of minor deterioration to site and building elements and structures when changes are made with the same materials with the same size, shape, configuration, style, texture and material color. The term "ordinary maintenance and repair" includes the following activities:
(1) Routine maintenance and repair of building elements:
a. Repairing small amounts of existing building materials and elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color.
b. Painting a structure or material that is already painted.
c. Caulking and weather stripping windows and doors.
(2) Routine maintenance, repair and installation of site elements:
a. Repairing site elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color.
b. Pruning trees and shrubbery and removal of trees less than ten (10) inches in diameter.
c. Planting vegetable and flower gardens, except as part of a major landscaping plan.
d. Planting shrubs and trees. Except as part of a major landscaping plan.
e. Installing temporary signs (real estate, political, etc.).
f. Installing house numbers, mailboxes and porch light fixtures.
(Code 1983, § 13-3; Ord. No. 153-89 , § 1, 8-31-1989)
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