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§ 36.32 DEDICATION OF LANDS OR BUILDINGS; ACQUISITION OF REAL PROPERTY.
   The City Council may dedicate for use as playgrounds and recreation centers any lands or buildings owned by the city and not devoted to an inconsistent public use and may acquire real property for those purposes by purchase, lease, condemnation or otherwise.
(`96 Code, § 35.32) (Ord. 1959-2-1, passed 4-16-1959)
§ 36.33 CHARGES FOR USE OF PARK GROUNDS AND FACILITIES.
   (A)   The city staff is authorized to charge for and collect for rental of equipment, facilities, and space, per the amounts determined by the legislative body. The legislative body may establish fees for the use of the park area and its facility by large groups. All fees, rental or other charges for the use of any park area or its facilities shall be paid directly to the city.
   (B)   The revenue collected from the concessions, fees and rentals shall be utilized for park maintenance, improvements and security and shall be kept by the city in conformity of the requirements of any and all applicable state law.
(`96 Code, § 35.33) (Ord. 1990-13, passed 7-25-1990; Am. Ord. 2017-7, passed 12-14-2017)
URBAN DESIGN REVIEW BOARD
§ 36.50 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALTERATION. Any construction, replacement, or change to the exterior of a BUILDING or structure when it is visible to the public. An ALTERATION shall include a proposed sign or changes to an existing sign. Painting and ORDINARY MAINTENANCE AND REPAIRS shall not be considered ALTERATIONS.
   BOARD. The Ludlow Urban Design Review Board as established in this subchapter.
   BUILDING. Any structure designed or constructed for residential, commercial, industrial, agricultural, transportation, or other use.
   CERTIFICATE OF APPROPRIATENESS. The permit, issued by the BOARD, which gives its approval for work or DEMOLITION to be done in a locally designated HISTORIC DISTRICT or on a LANDMARK.
   CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Act in the implementing regulations of the U.S. Department of Interior and the Kentucky Heritage Council.
   CITY. The City of Ludlow, Kentucky.
   COUNCIL. The Ludlow City Council.
   DEMOLITION. Any act destroying, in whole or in part, or moving, a LANDMARK, BUILDING, or structure deemed by the BOARD to be of historic significance.
   DESIGNATED PROPERTY. A LANDMARK, BUILDING, or structure in a HISTORIC DISTRICT. DESIGNATED PROPERTY shall include all lots within a HISTORIC DISTRICT and the entire lot containing a LANDMARK.
   HISTORIC DISTRICT. An area of architectural, historical, or cultural significance.
   INVENTORY OF HISTORIC PROPERTIES AND SITES. A catalog of historical sites.
   LANDMARK. A BUILDING or structure of architectural, historical, or cultural significance which meets one or more of the criteria contained in this subchapter and which has been designated by the CITY.
   ORDINARY MAINTENANCE AND REPAIRS. Any work, the purpose of which is to correct deterioration or to prevent deterioration of a designated historic property. The work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance. The work shall involve the use of the same building materials or available materials that are as close as possible to the original. Work that changes the external appearance of the property shall be considered an ALTERATION for purposes of this subchapter.
   PRESERVATION PLAN. Guidelines and/or regulations for the rehabilitation of certain sites, structures, and/or areas to incorporate them into a livable community.
   SECTION 106 REVIEW. The process set forth in National Historic Preservation Act of 1966, 16 U.S.C. §§ 470, et seq., as amended, and 36 CFR § 800, which requires federal agencies to consider the effects on historic properties of any project carried out by them or that receives federal financial assistance, permits, or approvals.
   STATE HISTORIC PRESERVATION OFFICE or SHPO. The Kentucky program approved by the U.S. Secretary of Interior for the purpose of carrying out the provisions of the National Historic Preservation Act of 1966, 16 U.S.C. §§ 470a, et seq., and is also the Kentucky Heritage Cabinet established pursuant to KRS 171.381.
   SURPLUS PROPERTIES. Properties owned by the CITY.
   UNDERTAKING. As used in SECTION 106 REVIEW, a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out by or on behalf of a federal agency; those carried out with federal financial assistance; and those requiring a federal permit, license, or approval.
(Ord. 2018-4, passed 7-12-2018)
§ 36.51 PURPOSE.
   (A)   The Board and the procedures for which it is responsible for implementing are intended to protect, develop and promote the educational, cultural, travel, industrial, commercial, and other economic development and growth opportunities associated with the city's neighborhoods, areas, squares, streetscapes, sites, places, structures having a special or distinctive character or a special historic, aesthetic architectural, archaeological, special, or cultural significance to the city. It is the unique character of the city's residential neighborhoods and commercial districts that imparts distinctiveness to the city and which serve as visible reminders of the history and cultural heritage of the city, the state, and the nation. The protection of these resources is in the interest of the economic well-being, prosperity, health, safety, and general welfare of the people.
   (B)   The Board is established for the purpose of creating and maintaining an inventory of historic properties and sites, assisting with the Section 106 Review process of the National Historic Preservation Act for undertakings occurring in the city, reviewing city-funded activities when the activity may affect historical properties identified in the inventory and preservation plan, marketing any historic properties that the city may surplus in the future, stabilizing and improving property values in the city, and encouraging new buildings and developments that will be harmonious with the existing historic buildings and districts, but will not necessarily be of the same architectural style. Regulations in such areas are intended to protect against destruction of or encroachment upon such areas, structures, or sites; to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archeological heritage of the city; to prevent creation of environmental influences and adverse conditions to such purposes; and to assure that new structures and uses in such areas will be in keeping with the character to be preserved and enhanced. The purpose is to develop the city not as a museum but as a vital living area in which each succeeding generation may build with the quality and sensitivity of past generations.
(Ord. 2018-4, passed 7-12-2018)
§ 36.52 ESTABLISHMENT; MAKEUP.
   (A)   The Board shall consist of five members, with the City Administrative Officer having a by-right position in the group to represent the city and provide staffing support. The five members of the board will be recommended by the Mayor and approved by Council. The following criteria must be met to satisfy the minimum requirements for the Board. More than one criteria may be fulfilled by the same appointed member.
   (B)   The membership shall meet the following criteria:
      (1)   One member shall represent the Ludlow Historic Society;
      (2)   One member shall represent the Ludlow Heritage Museum, Incorporated;
      (3)   Two members that have training, education, or experience in preservation-related fields, that include architecture, landscape architecture, history, archaeology, architectural history, planning/zoning, building materials, real estate appraisal, economic/community development, or related fields. One of these two may not be a resident, so long as they have working knowledge of the community and their expertise are not found amongst the citizenry willing to serve; and
      (4)   Two members will be representing the community at large. A city business owner that is not a resident may be appointed as one of the members at-large.
   (C)   Members should be city residents, unless otherwise noted above, or in a special circumstance.
   (D)   The Board shall keep accurate attendance figures and report annually on the attendance of members. In the event that any member of the Board is absent for more than one-fourth of the regularly scheduled meetings per calendar year, the Mayor has the right to reconsider such Board member's appointment and to recommend to Council a replacement for such Board member for the reason of excessive absenteeism. Such replacement must be in accordance with the general appointive guidelines of this section.
   (E)   Each Board member shall attend at least one informational or educational meeting biennially that has been approved by the State Historic Preservation Office (SHPO) or attend training that would aid in the performance of their duties and responsibilities. Training not previously approved by the SHPO shall be submitted to the city to be approved by the Mayor.
(Ord. 2018-4, passed 7-12-2018)
§ 36.53 TERMS OF OFFICE.
   (A)   The members of the Board shall serve a term of four years and shall serve without pay, but may be reimbursed by the city for necessary expenses incurred in connection with their duties subject to prior approval by the Mayor.
   (B)   Vacancies on the Board shall be filled within 60 days, with the replacement completing the term of the previous member.
   (C)   Three members of the Board will begin with four-year terms and two members of the Board will begin with two-year terms before beginning full four-year terms.
(Ord. 2018-4, passed 7-12-2018)
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