(A) Requirement for certificate of appropriateness. A certificate of appropriateness from the Commission shall be required before a person may undertake the following actions affecting a landmark or a property in a historic district:
(1) Any alteration of the exterior part of a building or structure that is easily visible to the public;
(2) New construction or addition; or
(3) Demolition or relocation.
(B) Application to the Commission. A person shall be referred to the Commission by the Building Inspector when he/she wants to undertake an exterior alteration visible to the public, new construction, or demolition affecting a landmark or a property in a historic district. The person shall supply the Commission with the information it requests in order to reach a decision on his application for a certificate of appropriateness. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or site and adjacent properties, and information about the building materials to be used.
(C) Stop work order; injunction. In the event work is being performed without the required Certificate of Appropriateness, the Commission shall direct the Building Inspector to issue a stop work order. All work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Commission shall meet with the owner or his agent to resolve the problem.
(D) Action by the Commission or architectural review; notice. For new construction, major structural changes and demolition requests, the Commission shall hold a public hearing on each Certificate of Appropriateness request within forty-five (45) days after a completed application is received by the Commission. All other CPA requests (with the exception of requests for signs which may be approved by staff) shall require a public meeting within 30 days a completed application is received. The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its standards. The Commission may suggest modifications to an application and where agreed upon by the owner or his agent may then approve a Certificate of Appropriateness providing for revisions in the plans submitted. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Commission's decision. When an application has been approved, the applicant shall be given a Certificate of Appropriateness. Advertised notice of the public hearing shall be given in accordance with Chapter 424 of the Kentucky Revised Statues.
(E) Criteria in deciding on applications. In making a decision on an application, the Commission shall use its standards. The Commission shall consider:
(1) The effect of the proposed work on the landmark or the property in the historic district upon which such work is to be done; and
(2) The relationship between such work and other adjacent or nearby buildings and property. In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, texture, materials and color. The certificate from the Commission shall not relieve the applicant from complying with the requirements of other state and local laws and regulations.
(F) Routine alterations; ordinary maintenance and repairs. The Commission may prepare a list of routine alterations that may receive immediate approval from staff without a public hearing when an applicant complies with the written standards of the Commission. The Commission shall not regulate the color of paint used on designated property, but it may prepare and distribute material on paint colors appropriate for different types and styles of buildings. Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness. Every person in charge of a landmark or a property in a historic district shall keep it in good repair. No provision in this chapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his or her building to its original appearance. The provisions of this section shall be in addition to the provisions of the Kentucky Building Code requiring buildings and structures to be kept in good repair.
(G) Meetings with owners about condition of buildings. The Commission shall request a meeting with a property owner when his or her landmark or his or her building in a historic district is in poor repair, and the Commission shall discuss with the owner ways to improve the condition of his or her property. After this step, the Commission may request the Building Inspector to take action to require correction of defects in any building or structure designated under this chapter so that such building or structure shall be preserved in accordance with the purposes of this chapter.
(H) Emergency situations. In any case where the Building Inspector determines that there are emergency conditions dangerous to life, health or property affecting a landmark or a property in a historic district, he may order the remedying of these conditions without the approval of the Commission. The city shall notify the Commission of the action taken after the completion of the work.
(I) Demolition of a landmark or a building or structure in a historic district. When an applicant wishes to demolish a landmark or a building or structure in a historic district, the Commission shall negotiate with the applicant to see if an alternative to demolition can be found.
(J) Length of validity of certificate of appropriateness. A certificate of appropriateness shall remain valid for one (1) year after it is issued. Work is required to start before the end of the one-year period. If actual work is not commenced within one year, the certificate shall expire. Actual work is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(K) Appeal of the Commission's decision. Any party aggrieved by a decision of the Madisonville Historic District has the right to appeal the Commission's decision to the Madisonville City Council within thirty (30) days of the official decision of the Commission.
(Ord. 2001-03, passed 5-11-01; Am. Ord. O-2018-12, passed 11-19-18)