(a) Establishment. Pursuant to KRS 67.083, 67A.060(1), 67A.070, 82.026 and 100.203(1)(e), the Historic Preservation Commission of the Lexington-Fayette Urban County Government is hereby created. The existing Lexington-Fayette Urban County Historic Commission created by Ordinance No. 206-74 has been abolished along with Sections 2-86 through 2-90 of Chapter II of the Code of Ordinances and former Article 13 of this Zoning Ordinance has been replaced by this Article. However, the designations of property as within an Historic District (H-1) zone, all decisions made under prior ordinances, and all actions under prior ordinances shall continue in full force and effect until repealed, modified or amended.
(b) Membership. The Historic Preservation Commission shall consist of fifteen (15) voting members, including the chairman. All members must be residents of Fayette County and have demonstrated an interest in historic preservation prior to his/her serving, be willing to accept the chairmanship of a sub-committee if such duty is deemed necessary by the chairman, and attend at least one (1) informational/educational meeting per year, approved by the State Historic Preservation Office. At least two (2) of the fifteen (15) members shall be preservation-related professionals. These include the professions of architecture, history, archaeology, architectural history, historic preservation, planning, or related disciplines, such as urban planning; American Studies; American Civilization; or Cultural Anthropology. When the Historic Preservation Commission reviews an issue, and that field is not represented on the Historic Preservation Commission, the Historic Preservation Commission shall seek expert advice before rendering its decision.
Twelve (12) of the fifteen (15) members shall be nominated by organizations as follows:
(1) A licensed architect nominated by the membership of the local chapter of the American Institute of Architects;
(2) A licensed real estate person nominated by the membership of the Lexington Board of Realtors;
(3) A person nominated by the Lexington-Fayette Urban County Tourist and Convention Commission;
(4) A person nominated by the Bluegrass Conservancy;
(5) A person nominated by the Board of the Blue Grass Trust for Historic Preservation;
(6) One person nominated by the staff of the Division of Planning of the Lexington-Fayette Urban County Government; and
(7) Six (6) persons nominated at the annual meeting of the general memberships of Neighborhood Associations containing a designated historic district. Each organization shall nominate three (3) candidates for each vacancy for which they are eligible to make nominations; provided, however, that not more than six (6) members shall be appointed to represent all the locally designated historic districts and that not more than one (1) of these six (6) members shall be from the same locally designated historic district. From the respective nominees, the Mayor shall appoint the members subject to confirmation by a majority of the members of the Lexington-Fayette Urban County Council. If any organization fails to make candidate and/or membership nominations within thirty (30) days after written request from the Mayor, the Mayor shall, with approval of a majority of the members of the Urban County Council, appoint any otherwise qualified person to represent such organization, and the person selected shall be appointed for the unexpired portion of the term.
Two (2) of the fifteen (15) members shall be selected as follows: One (1) member shall be appointed from persons in the banking profession and one (1) member shall be appointed from persons in the builder/developer field. The Mayor shall appoint these members subject to confirmation by a majority of the members of the Lexington-Fayette Urban County Council.
One (1) of the fifteen (15) members shall be the Chairman of the Board of Architectural Review who shall serve as an ex-officio, voting member of the Historic Preservation Commission.
Notwithstanding the provisions of Articles 5 and 7 of the Lexington-Fayette Urban County Government Charter, all of the appointments to the twelve (12) memberships which represent organizations shall be by Mayoral appointment of any otherwise qualified member of such organization, subject to confirmation by a majority of the members of the Lexington-Fayette Urban County Council.
All members must meet the requirements for Certified Local Governments in Kentucky; and the Historic Preservation Commission shall prepare and keep on file, available for public inspection, the members' qualifications. Article 16, the Code of Ethics of the Lexington-Fayette Urban County Government Charter, shall apply to members of the Historic Preservation Commission.
(c) Officers. The Historic Preservation Commission shall have officers. The Chairman, Vice-Chairman, and Treasurer shall constitute the Executive Committee with the Secretary acting as liaison to other government departments. Officers of the Executive Committee may serve consecutive terms. The Executive Committee shall have and exercise all of the authority of the Historic Preservation Commission, subject to the limitations imposed on the powers of the committees and of the directors of non-stock, nonprofit corporations by KRS 273.221, and except as otherwise expressly provided in this Article.
(1) The Historic Preservation Commission shall annually elect one (1) of its members to be Chairman and one (1) of its members to be Vice-Chairman.
(2) The Secretary of this Historic Preservation Commission shall be the Historic Preservation Officer, who shall also serve as a non-voting member of the Historic Preservation Commission.
(d) Length of Term. The terms of Historic Preservation Commission members, other than the Chairman of the Board of Architectural Review, shall be as follows:
(1) Members shall serve a term of four (4) years except that the membership of those representing particular organizations or offices shall be deemed to have terminated upon their leaving their respective memberships or positions.
(2) Terms shall be staggered in such manner to allow the appointment or re-appointment of at least one-half (½) of the membership every two (2) years.
(3) Terms of membership shall extend from July 1 of one (1) year through and until June 30 of the designated year.
(4) Vacancies, when they occur during a term of office, shall be filled for the unexpired term in the manner prescribed for original appointment.
(5) Members may serve consecutive terms but must go through the reappointment process to do so.
(6) Any member may be removed from office by a majority of the Council of the Lexington-Fayette Urban County Government.
(e) Compensation. The members shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to sufficient funds being appropriated by the Lexington-Fayette Urban County Council for this purpose.
(f) By-Laws. The Historic Preservation Commission shall adopt by-laws for the transaction of its business and the transactions of the business of all of its subcommittees. Regular meetings shall be held and special meetings may be held as specified in the by-laws. Minutes of all meetings and records of all proceedings, including the number of votes for and against each question and the record of the vote of each member, shall be kept and made available for public inspection. The Historic Preservation Commission shall prepare a written annual report which shall be kept and made available for public inspection. A simple majority of the total membership of the Historic Preservation Commission shall constitute a quorum for the transaction of business. The Chairman votes only in the case of a tie. Each member shall be required to attend meetings regularly as defined in the by-laws. Failure to do so may result in removal from the Historic Preservation Commission. The Historic Preservation Commission shall have the power to establish subcommittees as it deems necessary, from both within and without its membership, and to receive assistance in its work from outside individuals, groups and organizations. The Historic Preservation Commission may give special recognition to outside individuals, groups and organizations.
(g) Jurisdiction. The jurisdiction of the Historic Preservation Commission shall include all necessary and implied powers as shall be described herein with respect to the establishment, protection, regulation and promotion of National Register historic landmarks and historic districts. The Lexington-Fayette Urban County Government, on behalf of the Historic Preservation Commission, shall have the right to receive, hold and spend funds which legally may be received from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out the provisions of this Article. The Historic Preservation Commission shall provide guidance to the Lexington-Fayette Urban County Government in all matters concerning and/or which might relate to historic preservation, conservation and/or enhancement of structures, premises, areas, and artifacts of historic, cultural, architectural, archaeological or geological significance as those matters relate to the establishment and maintenance of historic districts, areas, landmarks, sites and regulations to be enforced.
(h) Powers and Duties. In addition to such other powers, duties and authorities as are set forth in this Article, the Historic Preservation Commission shall, in order to accomplish the purpose of this Article, perform duties that include, but are not limited to, the following:
(1) Present to the Lexington-Fayette Urban County Council and the Planning Commission annually a report containing:
a. A statement of goals and objectives for historic preservation for the county for the next ensuing five-year period;
b. Any financial records pertaining to the Historic Preservation Commission's operation.
(2) Conduct a general study and survey of districts, landmarks, sites, neighborhoods, areas, places, structures, improvements, and geological and archaeological sites within Fayette County for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, archaeological, geological or cultural significance or value and or compiling appropriate descriptions, facts and lists for historic district and landmark nominations.
(3) Prepare and submit to the Planning Commission for its consideration a preservation plan for the historic properties in Fayette County which shall, if adopted, be an element of the Comprehensive Plan.
Such plan shall include properties in zones protected by H-1 overlays, properties listed in or eligible for listing in the National Register of Historic Places, as well as other properties meeting the criteria set forth in Section 13-3(g).
(4) After a public hearing, adopt design guidelines and criteria by which all Certificate of Appropriateness applications shall be reviewed and decided.
(5) Participate in the Certified Local Government program by preparing and reviewing nominations for inclusion in the National Register districts and landmarks, sites, neighborhoods, areas, places, structures, improvements, and geological and archaeological sites within Fayette County. The Mayor and the Historic Preservation Commission shall obtain comments from the public that shall be included in the recommendations. Within sixty (60) days of receipt of a nomination from a private individual or the initiation of a nomination by the Lexington-Fayette Urban County Government, the Lexington-Fayette Urban County Government shall inform the Kentucky Heritage Council and the owner of the property of the recommendations regarding the eligibility of the property. If both the Historic Preservation Commission and the Mayor recommend that a property not be nominated, the Kentucky Heritage Council will inform the owner, the State Review Board and the State Historic Preservation Officer and the property will not be nominated unless an appeal is filed with the State Historic Preservation Officer. If either or both the Historic Preservation Commission and the Mayor agree that the property should be nominated, the nomination will be scheduled for review by the Kentucky Historic Preservation Review Board. The opinion or opinions of the Historic Preservation Commission and the Mayor will be presented to them for their consideration. The Kentucky Historic Preservation Review Board, after considering all opinions, shall make its recommendation to the State Historic Preservation Officer who decides whether to forward the nomination to the United States Secretary of the Interior who shall make the decision on listing the property on the National Register. The Historic Preservation Commission, the Mayor or the property owner may appeal the final decision by the State Historic Preservation Officer.
(6) Review for the Lexington-Fayette Urban County Government the advisability of the acceptance or rejection of historic sites, buildings, and landmarks proposed for donation to the Urban County Government. In conjunction with other Lexington-Fayette Urban County Government departments, examine on a yearly basis Lexington-Fayette Urban County Government-owned historic properties; evaluate their maintenance, repairs, needs and uses; and help establish a maintenance schedule and develop policies about their care and use.
(7) Determine the appropriate designation, signage and/or markers for selected historic districts and landmarks and establish a procedure for implementation of the same.
(8) Aid in the coordination of public and private events, festivals, banquets, conventions, celebrations and tours which have to do with historic preservation, including, but not limited to, coordinating events with the Lexington-Fayette Urban County Tourist and Convention Commission.
(9) Encourage, update and undertake where necessary the publication of uniform and complementary maps, design guidelines, brochures and descriptive material about historic districts and landmarks.
(10) Advise owners of historic landmarks and properties in historic districts on all matters relating to the preservation, restoration and rehabilitation of their property. Keep the preservation guidelines and handbooks needed for such advice updated as to aid Board of Architectural Review decisions and property owners. Keep updated on local, state and federal tax incentives, loan options and grant programs so as to aid property owners.
(11) Cooperate with and enlist assistance from the National Park Service, the National Trust for Historic Preservation, the Kentucky Heritage Council, and other federal, state and local agencies active in the field of historic and cultural preservation.
(12) Educate the public, owners of historic landmarks and properties in historic districts, and residents in historic districts on the purposes of this Article and the benefits of preservation.
(13) Act as liaison to all local museums and historic house museums and aid in the promotion of those museums and the coordination of their activities.
(14) Cooperate with and advise the Lexington-Fayette Urban County Council and other government agencies, departments, commissions and offices with regard to such matters as may be appropriate with respect to historic districts and landmarks.
(15) Form subcommittees as necessary.
(16) Assist the Lexington-Fayette Urban County Government in fulfilling its historic preservation responsibilities pursuant to Section 106 of the National Historic Preservation Act of 1966 as amended.
(Code 1983, § 13-4; Ord. No. 153-89 , § 1, 8-31-1989; Ord. No. 204-94 , § 1, 10-20-1994; Ord. No. 83-2012 , § 1, 7-5-2012)
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