(A) Designation powers. Pursuant to this section, the Commission may:
(1) Designate individual landmarks, which shall be identified by a description setting forth the general nature, distinctive characteristics, location and boundaries thereof;
(2) Designate districts which shall be identified by a description setting forth the general nature, distinctive characteristics including contributing structures or sites, location, and boundaries thereof.
(3) Amend any designation made pursuant to the provisions of subsections (1), (2), and (3) of this section.
(B) Designation processes.
(1) The process for designation of individual landmarks and amendments thereto may be initiated:
(a) By a vote of the Commission;
(b) By written request of the structure or site owner(s);
(c) By a resolution of Council; or
(d) By receipt of a petition requesting such designation or amendment pursuant to the provisions of subsections (C) and (I) of this section.
(2) The process for designation of landmarks districts and amendments thereto may only be initiated by a District petition pursuant to § 32.260(C) below.
(C) District petition. The Commission may designate an area as a district if it receives a petition requesting such designation, if the petition contains the verified names and addresses of no fewer than 200 residents of such proposed district, or the verified names and addresses of the owners of at least 50% of the structures or sites within the proposed district, whichever is fewer. The petition shall also contain the following information:
(1) A description of the boundaries of the proposed district; and
(2) A description of the distinctive characteristics of the proposed district.
(3) If the proposed district is already listed in the National Register of Historic Places, a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation Office and the National Park Service.
(D) District hearing. Upon verification of a petition pursuant to the requirements of § 32.260(C), the Commission shall conduct a study and produce a report, and hold a public hearing to determine if the proposed district should be established. A new report is not required if the proposed district was listed on the National Register of Historic Places after January 1, 1990. The study shall be a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation Office and the National Park Service. A description of the proposed district shall be published in the newspaper in accordance with KRS Chapter 424 no less than once. At least 30 days prior to the hearing, a copy of the proposed district description and the notice of the hearing shall be mailed, by first class mail or electronic mail, to all property owners within the proposed district, all members of Council and the Mayor of Louisville, and the mayor and city clerk of any home rule city in which the proposed district is situated.
(E) Commission vote. After the public hearing, the Commission shall vote on the question of the establishment of the district within 90 days.
(F) Criteria.
(1) In considering the designation of any neighborhood, area, or site in Louisville Metro as a district, the Commission shall apply the following criteria.
(2) Each district shall possess sufficient integrity to meet criterion (a) and one or more of the other criteria (b) through (g):
(a) Its character, interest, or value as part of the development or heritage of the city, the Commonwealth, or the nation.
(b) Its location as a site of a significant historic event.
(c) Its primary identification with a person or persons who significantly contributed to the culture, heritage, or development of the city, the Commonwealth, or the nation.
(d) Its embodiment of distinguishing characteristics of an architectural type or specimen; or its embodiment of a significant architectural innovation; or its identification as the work of an architect, landscape architect, or master builder whose individual work has significantly influenced the development of the city, the Commonwealth, or the nation.
(e) Its historic significance is based on its association with underrepresented history within the city, the Commonwealth, or the nation and it broadens our understanding of these underrepresented histories.
(f) Its relationship to other distinctive areas which are eligible for preservation according to a plan based on an historic, cultural, or architectural motif.
(g) Its location or physical characteristics representing an established and familiar visual feature or which reinforce the physical continuity of a neighborhood, area, or place within Louisville Metro.
(G) Designation to Council. If the Commission designates a district, it shall within seven days of the meeting at which the designation was approved, forward a copy of the designation to the Council.
(H) District designation. No designation of a district shall be effective until ratified by ordinance enacted by the Council. Within 60 days of such ratification, the Commission shall appoint a Committee for the new district and the Committee shall approve guidelines for the new district in accordance with the procedures established in this section. The Commission shall adopt interim guidelines for the district which shall apply until the guidelines are adopted and approved for the district as provided in this section. The provisions of this subchapter shall apply to all exterior alterations to structures or sites within the new district 30 days after the Council enacts an ordinance establishing the new district.
(I) Individual landmark petition. The Commission may designate a structure or site as an individual landmark if it receives a written request of the owner or owners of the structure or site, or a petition requesting designation containing the verified signatures and addresses of no fewer than 200 residents of Louisville Metro and provided that at least 101 of those verified signatures and addresses contained in the petition are residents or property owners within one of the following boundaries: (1) a one-mile radius surrounding the structure or site proposed for landmark designation, (2) the Council district in which the proposed landmark is located or (3) the cumulative area formed when the boundaries of (1) and (2) are combined. When verifying signatures for purposes of accepting a perfected petition to designate a structure or site as an individual landmark, any resident or property owner whose address is located on property that touches one of the three boundaries as defined herein shall qualify and be counted toward the aforementioned 101 signature threshold. In the case of a pending demolition application for the subject structure, the petition shall comply with the timing provisions of § 150.110. The petition shall include the following information:
(1) A completed application form with research showing that the proposed individual landmark is architecturally, historically, or culturally significant and possesses integrity as stipulated in § 32.260(O).
(2) If the proposed individual landmark is already listed on the National Register of Historic Places, a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation Office and the National Park Service.
(J) Individual landmark pre-hearing conference. Within 14 calendar days of the verification of the petition or receipt of a written request for individual landmark status from the owner of a structure or site, staff shall work with the owner(s) of the structure or site to schedule a pre- hearing conference before a subcommittee of no more than five Commissioners. The pre-hearing conference shall be scheduled to occur within 45 calendar days of the verification of the petition. At the pre-hearing conference, staff may discuss with the interested parties, including representatives for the petitioners, any changes proposed to the structure or site, the petition for designation, its goals and objectives, the review process, and anything else pertinent to the proposed designation or applicable process. An individual landmark pre-hearing conference shall not be required if the proposal was initiated by a vote of the Commission or a resolution of Council.
(K) Individual landmark report. The Commission staff shall conduct a study of and produce a report on the designation proposal within 30 calendar days of the pre-hearing conference. If the designation process was initiated by a vote of the Commission or a resolution of Council, Commission staff shall have up to 60 calendar days from the date action was taken on such vote/resolution to produce the report. If the proposed individual landmark was listed on the National Register of Historic Places after January 1, 1990, then the information contained in the National Register registration, combined with a site visit to evaluate current conditions, may be used in lieu of a new study. The report in such cases shall be a copy of the nomination forms, including all maps and photographs, already approved by the State Historic Preservation Office and the National Park Service. Once completed, staff shall make its report on the proposal available to the public by posting it on the appropriate Metro Government website and by keeping a copy of same in its office so that it is readily accessible to the public during staff’s regular office hours.
(L) Individual landmark technical review and hearing. Within 14 calendar days of the completion and issuance of the report on the proposed designation pursuant to the requirements of § 32.260(K), staff shall schedule a public meeting with a subcommittee of no fewer than three Commissioners for a technical review of the report and process for compliance with the requirements of § 32.260(I), (J), and (K).
(1) Should the subcommittee determine that the report and process do not meet the requirements, the subcommittee shall thus advise the petitioner(s) or initiating body, property owner(s), and staff. As to the stated deficiency, the appropriate party may respond within 30 days of the date of the initial decision. If information intended to correct the deficiency is submitted to staff within 30 calendar days, staff shall prepare a revised report and schedule an additional technical review meeting. If information intended to correct the deficiency is not submitted to staff within 30 calendar days, or a revised report is submitted but still found to be deficient at a second technical review hearing, then the petition will be deemed void.
(2) Should the subcommittee determine that the report and process meet the requirements, staff shall schedule a public hearing to be held at a regular meeting of the Commission within 90 calendar days of the subcommittee meeting. An extension may be granted if the designation process was initiated by the property owner or petition, is requested by the petitioner or property owner, is agreed upon by those parties, and is deemed appropriate and reasonable by the Chair. If requested by the petitioner or property owner and deemed appropriate and reasonable by the Chair, the hearing may be held at a time and place convenient to the public.
(M) Individual landmark hearing notice.
(1) Once a public hearing date, time and place has been established, staff shall mail no later than 30 days before the hearing date, by first class mail (unless specified otherwise below), a notice containing the address and description of the proposed individual landmark as well as the date, time, and place of the public hearing to the following parties (for purposes of mailing notice to the parties identified below in divisions (a), (d), (e), (f) and (g) if, according to the records of the Property Valuation Administrator, the address of the property owner is not the same as the address of the property entitled to notice, then a notice addressed to “resident” shall be mailed to the address of that property):
(a) The resident(s) and owner(s) of the structure or site;
(b) All members of the Council and Mayor of Louisville (notification sent via electronic mail is sufficient);
(c) The mayor and city clerk of any home rule city in which the proposed individual landmark is situated;
(d) The resident(s) and owner(s) of every parcel of property adjoining at any point the site that is the subject of the petition;
(e) The resident(s) and owner(s) of every parcel of property directly across the street from the site that is the subject of the petition;
(f) The resident(s) and owner(s) of every parcel of property that adjoins the adjoining property or adjoins the property directly across the street from the site that is the subject of the petition;
(g) The resident(s) and owner(s) of any other property within 500 feet of the site that is the subject of the petition; and
(h) The Neighborhood Notification Program list compiled by Planning and Design Services for the Council district(s) in which the structure or site is situated (these notices may go by electronic mail).
(2) No less than 14 days immediately prior to the date of the public hearing, the Commission shall conspicuously post a sign on the site whereon the landmark proposed for designation is located. The posted sign shall state “Proposed Landmark Designation” in letters three inches in height. The time, place, and date of hearing shall be in letters at least one inch in height. The sign shall be constructed of durable material and shall state the telephone number of the appropriate staff person to contact for information related to the proposed designation. Additionally, the Commission shall publish the above notice in the newspaper in accordance with KRS Chapter 424 at least once no less than seven days prior to the date of the hearing.
(N) Commission vote. After the public hearing, the Commission shall vote on the question of designation of the individual landmark within 90 days.
(O) Criteria.
(1) In considering the designation of any area, site or structure in Louisville Metro as an individual landmark, the Commission shall apply the following criteria with respect to such structure, site, or area.
(2) An individual landmark shall possess sufficient integrity to meet criterion (a) and one or more of the other criteria (b) through (e):
(a) Its character, interest, or value as part of the development or heritage of the city, the Commonwealth, or the nation.
(b) Its location as a site of a significant historic event.
(c) Its primary identification with a person or persons who significantly contributed to the culture, heritage, or development of Louisville Metro, the city, the Commonwealth, or the nation.
(d) Its embodiment of distinguishing characteristics of an architectural type of specimen; or its embodiment of a significant architectural innovation; or its identification as the work of an architect, landscape architect, or master builder whose individual work has significantly influenced the development of the city, the Commonwealth, or the nation.
(e) Its historic significance is based on its association with underrepresented history within the city, the Commonwealth, or the nation and it broadens our understanding of these underrepresented histories.
(P) Designation to Council. If the Commission approves the designation of an individual landmark, it shall within seven days of the meeting at which the designation was approved, forward a copy of the designation to the Metro Council
(Q) Review by Council. The designation of an individual landmark shall be effective 60 days from the date upon which the Commission took final action upon such proposal unless the Council adopts, by a vote of the majority of the members in attendance, a resolution initiating a review of the Commission’s final action upon the proposal within said 60 days. If the Council timely initiates review of the Commission’s final action, it shall, by letter (or email if specified), notify all parties set forth in § 32.260(M) of the date, time and place that the review will be conducted, and, if a public hearing will be held, the right of the public to comment at the public hearing on the proposal. If a public hearing is not held by the Council, or by one of its committees assigned to holding the review, the Council shall confine its review to the information that was presented to the Commission. The Council shall take its final action upon the review of any decision of the Commission within 150 days of the date upon which the Commission took final action upon such proposal. The Council shall make a decision based upon written findings of fact and following the criteria set forth in § 32.260(O). The Council’s decision shall uphold, modify, or overturn the Commission’s decision, and may place conditions the Council deems appropriate. Upon review of the Commission’s decision, if the Council fails to take final action within 150 days of the date upon which the Commission took final action, the Commission’s final action shall become final and effective as a matter of law.
(R) Demolition during individual landmark designation process. During the pendency of the individual landmark designation process, from initiation to the Commission or the Council and during any possible appeal or review period, including the 60-day time period wherein Council must act to initiate a review of the Commission’s decision, and appeals to court, Metro Government shall not issue demolition permits or order under §§ 150.006, 150.110, or 156.807 for a structure(s) or site being proposed for landmark designation, unless the individual landmark report was found to be deficient and information intended to correct the deficiency was not submitted to staff within 30 days of such finding of deficiency or a revised report was filed and again found to be deficient pursuant to § 32.260(L)(1).
(1999 Lou. Code, § 32.510) (Lou. Ord. No. 44-1997, approved 3-28-1997; Lou. Am. Ord. No. 0079-2002, § 9, approved 6-27-2002; Lou. Metro Am. Ord. No. 71-2005, approved 6-1-2005; Lou. Metro Am. Ord. No. 130-2012, passed 8-9-2012; Lou. Metro Am. Ord. No. 128-2013, approved 7-30-2013; Lou. Metro Am. Ord. No. 96-2019, approved 8-8-2019; Lou. Metro Am. Ord. No. 154-2023, approved 11-6-2023)