CHAPTER 159: HISTORIC DISTRICT COMMISSION
Section
   159.01   Purpose and definitions
   159.02   Establishment, terms of office, officers and conflict of interest
   159.03   Powers and duties of Commission
   159.04   Nominations to the National Register of Historic Places
   159.05   Designation of historic districts and landmarks
   159.06   Approval of changes to landmarks and property in historic districts
   159.07   Conformity with the Certificate of Appropriateness
 
   159.99   Penalty
§ 159.01 PURPOSE AND DEFINITIONS.
   (A)   The purpose of a Historic District Commission is to:
      (1)   Effect and accomplish the preservation, protection and use of the Historic Preservation District and individual landmarks which have a special character and historic, architectural value to the city, state and nation;
      (2)   Promote the educational, cultural, economic and general welfare of the people and safeguard of the people and safeguard the city's history and heritage as embodied and reflected in its historic preservation district and landmarks;
      (3)   Stabilize and improve property values in such district and in the city as a whole;
      (4)   Foster civic pride in the value of notable accomplishments of the past;
      (5)   Strengthen the economy of the city;
      (6)   Protect and enhance the city's attractions to residents and visitors; and
      (7)   Enhance the visual and aesthetic character, diversity, and interest of the city.
   (B)   Definitions. For the purpose of this chapter, certain terms are defined as follows:
      ADDITION. New construction attached to an existing structure.
      ALTERATION. Any construction, replacement or change to the exterior of a building or structure when it is easily visible to the public.
      CERTIFICATE OF APPROPRIATENESS (COA). The permit, issued by the Historic District Commission, which gives its approval for work or demolition to be done in the Historic Preservation District or on a landmark.
      CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Act and implementing the regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
      COMMISSION. The city of Madisonville Historic District Commission.
      DEMOLITION. Any act that destroys in whole or in part, a landmark or a building or structure in the Historic District or Historic Preservation District.
      DESIGNATED PROPERTY. A landmark, a building, or a structure in a historic district. Designated property shall include all lots within a historic district and the entire lot containing a landmark.
      HISTORIC DISTRICT, LOCAL. A district established by the city through a zoning overlay that has local historic significance. Properties within this district must meet local design standards.
      HISTORIC PRESERVATION DISTRICT. An area of architectural, historical or cultural significance which meets one or more of the criteria established by the Historic District Commission and which has been designated by the city.
      LANDMARK. A building or structure of architectural, historical, or cultural significance which meets one or more of the criteria established by the Historic District Commission and which has been designated by the city.
      MAJOR STRUCTURAL CHANGE. Structural alterations and structural repairs made within any twelve (12)-month period costing in excess of fifty percent (50%) of the physical value of the structure, as determined by comparison of the extent/value of the alterations involved and the replacement value of the structure at the time the plans for the alteration are approved, using the Building Officials Conference of America (BOCA) chart for construction cost.
      NEW CONSTRUCTION. An addition to an existing building or structure or the construction of a new building or structure.
      ORDINARY MAINTENANCE AND REPAIR. 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 appearance. The work shall involve the use of the same building materials or available materials that are as close as possible to the original. Painting previously painted surfaces shall be considered ordinary maintenance. Work that changes the external appearance of a property shall be considered an alteration.
      STRUCTURE. Anything constructed or erected, the use of the ground, including (but without limiting the generality of the foregoing) barns, smokestacks, advertising signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, radio and television antennae, solar collectors, microwave antennae, including the supporting towers, roads, ruins or remnants (including foundations) swimming pools or walkways.
(Ord. 2000-06, passed 5-2-00; Am. Ord. 2001-03, passed 5-11-01; Am. Ord. O-2018-12, passed 11-19-18)
§ 159.02 HISTORIC DISTRICT COMMISSION ESTABLISHMENT, TERMS OF OFFICE, OFFICERS AND CONFLICT OF INTEREST.
   (A)   There is hereby established the Historic District Commission for the city of Madisonville, Kentucky. The Commission shall consist of seven (7) members appointed by the Mayor and approved by the City Council. The members shall have demonstrated interest in historic preservation, and at least two (2) members shall have training or experience in a preservation-related profession: architecture, history, archeology, architectural history, planning or related fields. When one (1) or two (2) professional members are not available, the Mayor may appoint other persons interested in historic preservation to serve. When the Commission reviews an issue that is normally evaluated by a professional member and that field is not represented by the Commission, the Commission shall seek expert advice before rendering its decision. In making appointments, the Mayor shall seek to include a member who is active in real estate. Members of the Commission shall serve without compensation, but they shall be reimbursed for expenses incurred in the performance of their duties in accordance with the rules adopted by the Commission. Each member shall attend at least one (1) educational meeting on historic preservation per year. This meeting shall have been approved by the State Historic Preservation Officer.
   (B)   The terms of office of the members shall be three (3) years, except the terms of one member of the original Commission shall expire after two (2) years and the term of one member of the original Commission shall expire after one (1) year. Each member shall serve until the appointment and qualification of his/her successor. When a vacancy occurs during a term of office, it shall be filled within sixty (60) days and the person selected shall be appointed for the unexpired portion of the term.
   (C)   The Commission shall each year elect members to serve as Chairman, Vice- Chairman and Secretary. The Chairman shall preside at the meetings of the Commission and shall be the spokesperson for the Commission. In his/her absence, the Vice-Chairman shall perform these duties. The Secretary shall prepare minutes of the Commission's meetings which shall be available for public inspection.
   (D)   No member of the Commission shall vote on any matter that may affect the property, income or business of that member.
(Ord. 2000-06, passed 5-2-00; Am. Ord. 2001-03, passed 5-11-01; Am. Ord. O-2018-12, passed 11-19-18)
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