A Certificate of Appropriateness shall be required before a person may undertake any exterior changes on a property or structure within a zone protected by an H-1 overlay. Ordinary maintenance may be undertaken without a Certificate of Appropriateness, provided that the work involves repairs to existing features of a building or the replacement of elements of a building with identical pieces and provided that the work does not change the exterior appearance of the building. The Historic Preservation Commission shall by administrative regulation define the meaning of the terminology "exterior changes" and "ordinary maintenance."
(a) Where Required. A Certificate of Appropriateness shall be required prior to the initiation of any new construction on, any exterior change to, or the demolition of all, or any part of, any building, structure or sign on any premises in a zone protected by an H-1 overlay.
In no case shall a Certificate of Appropriateness be required to change the paint color of a previously painted surface.
(b) Procedures for Issuance of a Certificate of Appropriateness for Exterior Changes and New Construction. Certificates of Appropriateness may be issued by Board of Architectural Review or by the Historic Preservation Office in accordance with provisions contained herein.
The Board may delegate actions to the Historic Preservation Officer, who may review applications without public hearing and action of the Board.
(1) Certificates of Appropriateness Issued by the Board of Architectural Review. All applications for Certificates of Appropriateness shall be reviewed by the Board at a public hearing, except those applications for work which have been specifically delegated to the Historic Preservation Officer under Subsection (b)(2) of this section. In addition, the Board shall review all applications for Certificates referred by the Historic Preservation Officer or those requested for public hearing by the applicant.
a. Filing. The Board of Architectural Review, where it deems necessary in order to review a particular application, may require the submission of any or all of the following items: architectural plans, plot plans, landscaping plans, plans for off-street parking, plans for proposed signs, elevations of all portions of proposed additions to structures, photographs, elevations, or perspective drawings showing the proposed structure and existing structures that are within one hundred (100) feet or are substantially related to it visually or by reason of function, traffic generation or other characteristics.
Should the Board of Architectural Review find that the material submitted is not adequate for the proper review of the proposal, the Board of Architectural Review shall promptly notify the applicant and state the specific information that will be required. In such cases, the applicant shall not be deemed to have made a bona fide application to the Board of Architectural Review until the specific information is submitted.
b. Notice. Notice of the time, place and reason for holding a public hearing shall be given by first class letter at least fourteen (14) days in advance of the public hearing. Such notice shall be given to the applicant and where the subject property adjoins land in an Agricultural-Rural (A-R) Zone, Agricultural Natural Area (A-N) Zone, or Agricultural Buffer (A-B) Zone, notice shall be given to the next two (2) properties or one (1) mile, whichever is greater, in the direction of the Agricultural-Rural (A-R) Zone Agricultural Natural Area (A-N) Zone, or Agricultural Buffer (A-B) Zone. Where the subject property adjoins an Agricultural-Urban (A-U) Zone, notice shall be given to all properties within two hundred (200) feet and to the owners of the next two (2) properties but not to exceed any property owner beyond twenty thousand, four hundred (2,400) feet from the property in the direction of the A-U land. For all other properties, notice shall be given to all owners of property within two hundred (200) feet of the subject property. It shall be the obligation of the preservation staff to prepare, certify and mail all notice as required herein.
Further, the Board shall give notice of the time, place and reason for holding a public hearing by publication in the newspaper of highest circulation in Fayette County. Kentucky, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing.
c. Board of Architectural Review Public Hearing. After notice, the Board shall consider the request for a Certificate of Appropriateness at a public hearing. At the hearing, the Board shall receive the report of the staff, orally and/or in writing, and shall allow the applicant, protestors and other interested citizens to testify and rebut evidence presented by others, provided the Chairman shall have the power to limit repetitive testimony and exclude irrelevant testimony and evidence.
In its review of material submitted, the Board of Architectural Review shall examine the architectural design and the exterior surface treatment of the proposed construction on the site in question and its relationship to other structures within the area, the relationship of the proposed construction to the design of the building, and other pertinent factors affecting the appearance and efficient functioning of the historic district or the landmark.
The Board of Architectural Review shall not consider any interior arrangement and shall make no requirements except for the purpose of preventing development incongruous in scale, design or materials to the historic or architectural aspects of the district or landmark.
In reviewing proposals, the Board of Architectural Review shall refer to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and comply with the design guidelines and criteria adopted by the Historic Preservation Commission.
The Board of Architectural Review shall vote to approve all or part of the application or disapprove all or part of the application within sixty (60) days after the completed application is filed.
d. Certificate of Appropriateness Issuance. The Historic Preservation Officer shall promptly issue the Certificate of Appropriateness in accordance with the action of the Board of Architectural Review. Copies of the Certificate and the application materials shall be forwarded to the Divisions of Planning and Building Inspection and/or the Division of Code Enforcement, as appropriate.
(2) Certificates Issued by the Historic Preservation Officer. A Certificate issued by the Historic Preservation Officer is intended to expedite approval of routine applications for exterior changes without full hearing and action by the Board.
The Board may review and delegate items to the responsibility of the Historic Preservation Officer for review and issuance of Certificates of Appropriateness. The delegation of these items shall be reviewed by the Board at a public hearing and recorded in the minutes of the Board.
a. Procedures for Issuance of a Certificate by the Historic Preservation Officer.
1. Filing. The applicant shall file sufficient information as to accurately depict the location, design and scope of the work to be done. The staff shall review the information and promptly notify the applicant if the material is not adequate for review and advise the applicant what specific information will be required.
2. Review. The staff shall review the application for compliance with the adopted guidelines and consult with other Divisions as appropriate to ensure proper review. Upon determination that all requirements of the guidelines have been met and that the application complies with the requirements of the Board, the Historic Preservation Officer shall approve the application and issue the COA. If any question arises as to compliance or if the Historic Preservation Officer or applicant feels that the application raises issues deserving review by the full Board, the request shall be referred to the Board for action.
3. Certificate of Appropriateness Issuance. Upon approval by the Historic Preservation Officer, the staff shall issue the Certificate of Appropriateness and notify the applicant. In addition, the staff shall forward a copy of the Certificate and application materials to the Divisions of Planning and Building Inspection and/or the Division of Code Enforcement, as appropriate.
(c) Certificates of Appropriateness for Demolition. Division of Building Inspection shall issue no permit which would result in the demolition of all or any part of a structure within a zone protected by an H-1 overlay unless and until a Certificate of Appropriateness has been approved by the Board of Architectural Review.
(1) Procedures. The procedure for review of a Certificate of Appropriateness for demolition shall be as set forth in Subsection (b)(1) of this section, above. The Board shall hear evidence concerning the application at its public hearing and may approve a Certificate only if one (1) of the following conditions is determined to exist:
a. The application is for demolition of an addition, for a portion of a building or for an accessory structure which is not significant to the principal structure, site, landmark or district and the approval of the application would not adversely affect those parts of a building site, landmark or the historic district which are significant.
b. The application is for the demolition or moving of a building, or portion of a building, which does not contribute to the character of, and will not adversely affect the character of the property in a zone protected by an H-1 overlay.
c. No reasonable economic return can be realized from the property and the denial of the application would result in the taking of the property without just compensation.
If the owner wishes to make a claim that the denial of the permit would amount to a taking of the property without just compensation, the owner shall submit to the Board of Architectural Review, not less than twenty (20) days prior to the public hearing, the following information:
(1) For all property:
(a) The amount paid for the property, the date of purchase and the party from whom purchased including a description of the relationship, if any, between the owner and the person from whom the property was purchased.
(b) The assessed value of the land and improvements thereon according to the two (2) most recent assessments recorded in the office of the Property Valuation Administrator.
(c) The two (2) most recent real estate tax bills.
(d) Annual debt service for the previous two (2) years recorded by the lending agency.
(e) Appraisals obtained within the previous two (2) years by the owner in connection with his purchases, financing or ownership of the property.
(f) Listings of the property for sale or rent, price asked and offers received, if any.
(g) Any consideration by the owner as to profitable adaptive uses for the property.
(2) For income-producing property:
(a) Annual gross income from the property for the previous two (2) years.
(b) Itemized operating and maintenance expenses for the previous two (2) years.
(c) Annual cash flow for the previous two (2) years.
(3) The Board of Architectural Review may require that the property owner furnish such additional information as the Board of Architectural Review believes is relevant to its determination of taking without just compensation and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information which cannot be obtained, and shall describe the reasons why such information cannot be obtained.
Should the Board of Architectural Review find that the material submitted is not adequate for the proper review of the proposal, the Board of Architectural Review shall promptly notify the applicant and state specifically the information that the Board requires.
(2) Notwithstanding any other provision of this Article, the Board of Architectural Review, after hearing evidence at its public hearing, may vote to postpone action to approve or deny an appeal for a reasonable period of time not to exceed one (1) year from the filing date of application in order to conduct studies, surveys and/or gather information concerning the following:
a. Alternatives which may be or may become available including restoration, rehabilitation, adaptive reuse, or other alternatives to demolition; and
b. Study the question of economic hardship for the applicant, including whether the landmark or the property can be put to reasonable beneficial use without the approval of the demolition; and whether the applicant can obtain a reasonable return from the existing building. If economic hardship or the lack of a reasonable return is not proved, the Board of Architectural Review shall deny the demolition application, giving the facts and reasons for its decision.
(d) Effect of Certificate of Appropriateness. Upon approval of the Certificate of Appropriateness, the Historic Preservation Office shall forward a copy of the Certificate to the applicant and to the Divisions of Planning and Building Inspection, which shall issue permits when required, in accord with the Certificate of Appropriateness, provided it meets all other requirements of law.
The Division of Planning and/or the Division of Building Inspection, as appropriate, shall enforce all provisions of the Certificate, including any conditions thereof, and shall inspect the property at regular intervals to ensure strict compliance. The Inspector who inspects the site shall be governed by the design guidelines adopted by the Historic Preservation Commission and shall receive technical assistance from the preservation staff in this inspection.
The property owner shall obtain permits, when required, and commence work on all work authorized by the Certificate of Appropriateness within one (1) year from the issuance of the Certificate.
(e) Failure of Board of Architectural Review to Act. Upon failure of the Board of Architectural Review to take final action upon any application within sixty (60) days after the completed application has been filed, and unless a mutual written agreement between the Board of Architectural Review and the applicant has been made for an extension of time, the application shall be deemed to be approved; and a Certificate of Appropriateness shall be issued to the applicant, and a copy of said Certificate transmitted to the Divisions of Planning and Building Inspection or the Division of Code Enforcement, as appropriate.
(f) Appeals. Any person or entity claiming to be injured or aggrieved by any decision of the Board of Architectural Review to approve or deny any request for a Certificate of Appropriateness may appeal such decision to the Planning Commission within thirty (30) days of the Board's action. Such appeal shall be in writing and shall fully state the grounds upon which the appeal is sought. Upon receipt of the appeal, the Secretary to the Planning Commission shall notify the Historic Preservation Officer, who shall promptly transmit the entire record of the Board, including tapes and transcripts, if any. In addition, within five (5) days of the filing of the appeal, the Secretary to the Planning Commission shall, by certified mail, notify the applicant of the appeal, if the applicant is not the appellant. The Commission shall then hold a de novo hearing on the appeal and render a decision within ninety (90) days of the date of filing the appeal.
Procedure for the De Novo Public Hearing.
a. Notice. All parties to the appeal, including the Board of Architectural Review, shall be notified of the time, place and reason for the public hearing by first class letter at least fourteen (14) days in advance. In addition, notice of the appeal shall be given by one (1) publication in the newspaper of highest circulation in Fayette County, Kentucky, not earlier than twenty-one (21) days nor later than seven (7) days before the public hearing.
b. Action by the Planning Commission. After notice as required above, the Commission shall conduct a public hearing and vote to approve or deny the appeal. At the hearing, the Planning Commission shall allow its staff, Historic Preservation Office staff, the Board members, the appellant, protestors, and other interested citizens to testify and rebut the evidence presented provided that the Chairman shall have the power to limit repetitive testimony and exclude irrelevant testimony and evidence. In its deliberations, the Planning Commission shall give due consideration to the decision of the Board and the finding and conclusions reflected in the Board's record and shall apply the design guidelines adopted by the Historic Preservation Commission.
(g) Appeal to the Fayette Circuit Court. Any person or entity claiming to be injured or aggrieved by any order of the Planning Commission to affirm, modify or set aside the Certificate of Appropriateness and/or final decision of the Board of Architectural Review may appeal from the Planning Commission's action to the Fayette Circuit Court within thirty (30) days of that order in the manner as established in KRS 100.347.
All orders of the Planning Commission which have not been appealed within thirty (30) days shall become final; however, there shall be no stay of any action on the subject property until such time as an appeal has been filed with the Fayette Circuit Court.
(h) Consideration by the Board of Previously Denied Appeals. In the event the appeal of an applicant is denied by the Planning Commission, the building or any portion thereof which was the subject of the applicant's application, shall not be included in a subsequent application to the Board for a Certificate of Appropriateness and/or final decision until the expiration of one (1) year from the date of the order of the Planning Commission.
However, before the expiration of one (1) year, the Board of Architectural Review may allow the filing of an application for a Certificate of Appropriateness and/or final decision if the Board of Architectural Review finds that there are new facts or conditions not considered previously, or that there has been a change in the guidelines adopted by the Historic Preservation Commission which has substantially altered the character of the request. In such cases, after the evidence is presented by the applicant, the Board of Architectural Review shall vote to approve or deny such a request for a new hearing. The Board's reconsideration of the application shall take into consideration the new evidence presented. The Board's decision need not be restricted to the new evidence. If the new evidence is withdrawn at any time during the reconsideration by the applicant, the Board shall have no authority to reconsider the application.
(Code 1983, § 13-7; Ord. No. 153-89 , § 1, 8-31-1989; Ord. No. 211-99 , § 1, 7-8-1999; Ord. No. 122-2011 , §§ 21—24, 9-29-2011)