(a) Purpose. To further the goals and purpose of this Article and the preservation, protection, perpetuation and use of historic districts and landmarks, the Urban County Council shall have the authority to designate historic districts or landmarks as zones protected by an H-1 overlay. The Board of Architectural Review shall have the power to make recommendations for the establishment of zones protected by an H-1 overlay.
(b) Procedure. The procedure for designation is as follows herein:
(1) Application. An application for the establishment of an historic district or landmark may be filed only by the Lexington-Fayette Urban County Council, the Planning Commission, the owner of the subject property or by a person with written authorization of the owner. The Board of Architectural Review, the Historic Preservation Commission, or an individual Lexington-Fayette Urban County citizen may request that the Urban County Council or the Planning Commission initiate a zone map amendment.
Said application shall be filed with the Planning Commission and transmitted to the Board of Architectural Review for its review and recommendation.
(2) Study. Upon the filing of an application for the establishment of an historic district for an area or an individual property as a landmark, the Board of Architectural Review shall study and review the application.
The preservation staff shall prepare studies, reports and/or other information for consideration by the Board of Architectural Review.
(3) Notice of Board of Architectural Review Hearing. The Board of Architectural Review shall give notice of the time, place and reason for holding a public hearing thereon by one (1) publication in the newspaper of highest circulation in Fayette County, Kentucky. This notice shall be published not earlier than twenty-one (21) days and not later than seven (7) days before the public hearing.
Notice of the hearing shall be given at least fourteen (14) days prior to the hearing by first-class mail to all owners of property within the area of a proposed historic district or within the area proposed as a landmark.
(4) Board of Architectural Review Public Hearing. After notice of the public hearing as provided herein, and within ninety (90) days after the filing date, the Board of Architectural Review shall hold a public hearing on the proposed application and recommend to the Planning Commission that the application be approved or disapproved and shall forward its recommendation, in writing, citing appropriate guidelines and criteria upon which the decision is based, to the Planning Commission.
(5) Planning Commission Public Hearing. The Planning Commission shall consider the recommendation of the Board of Architectural Review at a public hearing with notice required by Article 6 herein.
Before considering the establishment of an historic district or landmark, the Planning Commission shall review and consider studies, reports and/or other information prepared by the Historic Preservation Office staff. The Division of Planning staff may assist with such studies and information.
After voting on whether the application for the establishment of an historic district or landmark should be approved or disapproved, the Planning Commission shall forward its recommendation, with its reasons in writing, to the Lexington-Fayette Urban County Council and the Kentucky Heritage Council.
(6) Action by the Lexington-Fayette Urban County Council. The Lexington-Fayette Urban County Council shall, as in the case of any map amendment request, act upon the application for the establishment of an historic district or landmark after it has received the written recommendation thereon from the Planning Commission. It shall take a majority of the entire Lexington-Fayette Urban County Council to override the recommendation of the Planning Commission.
(Code 1983, § 13-6; Ord. No. 153-89 , § 1, 8-31-1989)
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