(A) Definition. For the purpose of this section, HISTORIC BUILDING OR STRUCTURE means a building or structure that:
(1) Has been designated an Individual Landmark or is a contributing building or structure located in a local Historic Preservation District under the Landmarks Ordinance, LMCO §§ 32.250 et seq.; or
(2) Is listed on the National Register of Historic Places or is a contributing building or structure located in a Historic District designated by the National Register of Historic Places; or
(3) Is 50 years of age or older and is eligible to be listed on the National Register of Historic Places as set forth below in subsection (B); or
(4) Is an accessory building or structure greater than 600 sq. ft. and 100 years of age, and is eligible to be listed on the National Register of Historic Places as set forth below in subsection (B).
(B) Wrecking permit. Except as provided in subsection (F) below, no wrecking permit shall be issued for the demolition of Historic Buildings or Structures until after the date of certification, as set forth below in subsection (C). Upon application for a demolition permit of a Historic Building or Structure as defined in subsections (A)(3) or (A)(4) above, a Metro Historic Preservation Professional shall determine whether the building or structure meets the criteria for listing in the National Register of Historic Places within 14 days of receiving a complete application as set forth below in subsection (C). If it is determined in writing that the building or structure does not meet the criteria for listing in the National Register of Historic Places, the permit shall be issued without regard to the 30-day period, certification or other requirements as set forth in this section. The 30- day hold shall be notified via the specific Council District’s Historic Structure Demolition Notification in GovDelivery. If, before 20 days have passed a petition is submitted with at least ten signatures from residents or property owners within (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 is received, this period may be extended for an additional 30 or 60 days as determined by Landmarks staff.
(C) Notice.
(1) Form of notice. The applicant or property owner shall send notice of intent to demolish to the owners of properties which touch the parcel containing the Historic Building or Structure at a point or along a border or are separated from doing so by a street or alley, Planning and Design Services, and the Council Member whose district contains the proposed demolition site on a form provided by the Department. The applicant or property owner shall also cause a sign, in accordance with standards established by the Department, to be posted on the proposed demolition site of the Historic Building or Structure at a location visible from the right of way. The sign shall remain on the Historic Building or Structure for at least 30-days. The wrecking permit application shall include photographs of every building elevation, including a photograph of the aforementioned sign.
(2) Timing of notice. Notice as required by subsection (C)(1) above shall be accomplished, meaning issued and the 30-day (or 60-day, if extended) via petition as outlined above) period has passed, according to the following:
(a) If the site is proposed to be redeveloped in conjunction with the demolition and such redevelopment requires a public hearing, then notice shall be accomplished before the public hearing. This shall be a joint notice advertising both the public hearing and the proposed demolition. In addition to noticing required by state law and the land development code for the specific requests being acted upon at the public hearing, the joint notice shall be sent by email to all subscribers to receive such notice.
(b) If the site is proposed to be redeveloped in conjunction with the demolition but such redevelopment does not require a public hearing, or if the site is not proposed to be redeveloped in conjunction with the demolition, then notice shall be accomplished prior to the issuance of the wrecking permit.
(3) Certification to the Department. Once notice has been accomplished pursuant to these requirements, the applicant or property owner shall certify to the Department of Codes and Regulations (the "Department") that it has been so accomplished.
(4) Timeframe for Landmarks Petition. A petition requesting designation of Historic Buildings or Structures as Local Historic Landmarks under LMCO § 32.260 must be received:
(a) By the date of the public hearing if the site is proposed to be redeveloped in conjunction with the demolition and such redevelopment requires a public hearing.
(b) Before the issuance of the wrecking permit if the site is proposed to be redeveloped in conjunction with the demolition but such redevelopment does not require a public hearing, or if the site is not proposed to be redeveloped in conjunction with the demolition.
(5) Expiration of notice and certification. If more than five years pass after the date notice was sent or certified without the building being demolished, then the notice and certification process will need to be repeated.
(D) Site redevelopment. In addition to the requirements in subsection (C) above, and except as provided in subsections (E) and (F) below, a wrecking permit for a Historic Building or Structure shall not be issued until a Development Plan for the subject property (if required) has been approved and permits have been issued allowing for substantial construction activities, such as site disturbance, clearing and grading, or building or construction of a principal structure.
(E) Site not to be redeveloped.
(1) If the property on which the Historic Building or Structure is located is not proposed to be redeveloped contemporaneous with the demolition of the Historic Building or Structure, the applicant or property owner shall provide a written statement to that effect to the Department and, prior to issuance of the wrecking permit, the property owner shall record a deed restriction in a form approved by the Department prohibiting any development of the subject property for a period of two years from the date the restriction is recorded. In such case, no permits shall be requested or issued for development on the subject property for said two-year period unless the restriction is waived by the Historic Landmarks and Preservation Districts Commission.
(2) The Historic Landmarks and Preservation Districts Commission may waive the two-year restriction if it finds and resolves that substantial land use, economic or social changes affecting the property have occurred in the interim, or that the community will benefit from the waiver and development of the property. Commission staff may approve a waiver as applied to an accessory building which is proposed to be destroyed and not redeveloped. To request a waiver, the property owner shall submit a letter to the Department of Planning and Design Services requesting a waiver and explaining how the proposal meets the criteria.
(F) Exceptions.
(1) Section 150.110 shall not apply:
(a) In any case where the Department, the Division of Fire, a Fire Protection District, the Board of Health, or any officer or agency thereof, or any court of justice orders or directs the demolition of any structure or building for the purpose of remedying conditions determined to be dangerous to life, health or property; or
(b) To demolitions intended to protect health and safety pursuant to LMCO § 156.806; or
(c) To buildings or structures that have been denied an individual landmark designation per the Historic Landmarks and Preservation Districts Ordinance (LMCO § 32.260) within two years of the wrecking permit being filed; or
(d) To community facility reviews for state and local governments other than Louisville Metro.
(2) Demolitions intended to protect health and safety pursuant to § 156.807 and demolitions performed by or at the direction of the Louisville and Jefferson County Landbank Authority on Landbank-owned properties shall not be subject to subsections (D) and/or (E) above.
(3) If the proposed demolition is part of a Development Plan approved through a public review process before a Louisville Metro Board or Commission, including at least 30 days' notice of the potential demolition of the Historic Building or Structure and the opportunity for public comment, then a wrecking permit may be issued subject to the provisions of subsection (D) above.
(4) If the proposed demolition has been approved by the Landmarks Commission or a Committee thereof, then a wrecking permit may be issued, subject to the provisions of subsection (D) above.
(Lou. Metro Am. Ord. No. 104-2003, approved 5-30-2003; Lou. Metro Am. Ord. No. 267-2007, approved 12-10-2007; Lou. Metro Am. Ord. No. 87-2018, approved 6-29-2018; Lou. Metro Am. Ord. No. 183-2018, approved 10-15-2018; Lou. Metro Am. Ord. No. 153-2023, approved 11-6-2023) Penalty, see § 150.999