(A) The Commission shall approve a list of historic structures which have not been designated as landmarks and which are eligible according to the Commission for the National Register. The list may be added to from time to time. The purpose of this list shall be to recognize and encourage the protection, enhancement, perpetuation and use of those structures. The Commission shall maintain a record of historic structures in the city which have officially been designated by agencies of the state or federal government, and shall cause the structures to be added to the aforesaid list.
(B) The Commission may authorize those steps as it deems desirable to recognize the merit of, and to encourage the protection, enhancement, perpetuation and use of any designated landmark or any structure of merit in a designated historic district, including, but not limited to, the issuance of a certificate of recognition and the authorization of a plaque to be affixed to the exterior or near the structure; and the Commission shall cooperate with the appropriate state and federal agencies in those efforts.
(C) The Commission may make recommendations to the City Commission and to any other body or agency responsible to encourage giving names pertaining to city history to streets, squares, walks, plazas and other public places.
(D) The Commission shall, after the effective date of this subchapter, undertake to establish and maintain a list of landmarks, landmark sites, structures of merit and areas having a special historical, architectural or aesthetic interest or value. This list may include single structures or sites, portions of structures, or integrated combinations thereof. After public hearings, the Commission may designate landmarks, landmark sites and historic districts from the list. In the establishment of the foregoing list, the Commission shall notify and solicit the views of property owners and residents of structures, sites and areas proposed by the Commission to be included in those lists.
(E) In considering the designation of any landmark, landmark site or historic district, the Commission shall apply the following criteria with respect to that property; provided, however, that no neighborhood, area, site, place, structure or improvement shall be required to satisfy more than one of these criteria to qualify for the description:
(1) Its character, interest or value as part of the development of the heritage of the city, county, the state or the United States;
(2) Its exemplification of historic, aesthetic, architectural, archaeological, educational, economic or cultural heritage of the city, the county, the state or the nation;
(3) Its location as a site of a significant historic event;
(4) Its identification with a person or persons who significantly contributed to the culture and development of the city, the county, the state or the nation;
(5) Its embodiment of distinguishing architectural characteristics;
(6) Its identification as the work of a locally or nationally recognized architect or master builder;
(7) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; or
(8) Its unique location, significance, physical characteristics, significant architectural historic characteristics, representing a neighborhood or district within the city or representing an established or familiar visual feature within a neighborhood or district in the city.
(F) A notice of the public hearing required hereinabove prior to the designation of any landmark, landmark site, structure of merit or historic district shall be mailed via certified mail return receipt requested by the Commission or its designate not less than ten days prior to the date of the hearing to all property owners having property affected by the designation as a landmark, landmark site, structure of merit or historic district, including adjoining property owners; provided, however, that failure of any property owner or resident to receive the notice shall not affect the validity of the proceedings.
(G) Whenever the Commission is considering the designation of an area or building as a landmark, landmark site, structure of merit or historic district, the Commission may proceed to list the designation if the owner or owners of the land consent(s) in writing to the designation without complying with the public meeting and notice requirements set out hereinabove.
(H) Each designated landmark, landmark site, structure of merit or historic district may be marked as such by an appropriate plaque carrying a brief description and account of the historic significance of the property.
(I) Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other statute or municipal ordinance or regulation.
(J) The use permitted by the zoning applicable to the area included in the historic district shall be permitted without restriction by the provisions of this subchapter.
(K) Within five days after making any designation as provided for herein, of a landmark, landmark site, structure of merit or historic district, the Commission shall file a copy of same with the Clerk of the county, the Department of Building and Housing Inspection, the County Works Department, County Office of Historic Preservation and Archives, the City Volunteer Fire Protection District, the Louisville and County Board of Health, the Louisville and County Planning Commission, the Urban Renewal Agency and the Metropolitan Sewer District.
(L) The Commission may effect the amendment or rescission of any designation of an area, place, building or structure in the same manner and procedure as was followed in the original designation.
(Ord. 21, Series 1984, passed 1-3-1985; Ord. 94-06, passed 9-1-1994)