§ 156.044  HISTORIC OVERLAY DISTRICT.
   (A)   Intent.
      (1)   The purpose of the Historic District is to provide a mechanism for the preservation of sites, structures, and districts of historical or  architectural significance together with their appurtenances and environmental settings. The Historic District is meant to enhance, not substitute for the underlying zoning classification. This article imposes additional requirements during the construction, alteration, reconstruction, moving and demolition of sites and structures located within the Historic District. The Historic District is intended to work in conjunction with the other zones and for the purpose of protecting and preserving the exterior of the buildings, structures, appurtenances, and places.
      (2)   The Historic District is to improve the economic viability of the designated areas within the City of Murray, while enhancing the visual quality of the environment and the quality of life.
   (B)   Applicability.
      (1)   Upon approval of the Historic District by the City Council, the official zoning map will be amended.
      (2)   The Historic District classification and regulations shall be established in addition to the existing zoning classification and regulations. Where there are conflicts between the procedures and regulations herein established for the Historic District and other procedures and regulations of the underlying zone, it is intended that the more stringent shall apply. The regulations apply to all proposed development within the boundaries of the Historic District, as shown on the official zoning map.
      (3)   It is the intent of this section that the Architectural Review Board be lenient in its judgment of plans for new construction or for alteration, repair, or demolition of structures determined to be non-contributing, except where such construction, alteration, repair, or demolition would seriously impair the historic or architectural value of surrounding structure or the surrounding area. It is not the intent of this subchapter to limit new construction, alteration, or repair to any one period of architectural style.
   (C)   Creation and boundaries.
      (1)   The boundaries of the district shall be illustrated in Exhibit A, attached to Ord. 2009-1480, on file in the City Clerk’s office.
      (2)   An area of land to be designated as a City of Murray Historic Overlay District generally bounded by Olive Street to the north. Elm Street to the south, the west right-of-way of the KWT Railroad to the east, and South 7th Street to the west in Calloway County, Kentucky.
   (D)   Principles and Guidelines.
      (1)   Upon the effective date of this section, no person shall commence any development activity within the Historic District without obtaining a Certificate of Appropriateness certifying compliance with the Historic Design Guidelines, (refer to the City of Murray Historic Design Guidelines).
      (2)   The Historic Design Guidelines are not intended to discourage development or to dictate architectural design or style, but to encourage such development that contributes to the overall urban design quality of the district. These guidelines shall be the basis for evaluating applications for development proposals.
   (E)   Administration.
      (1)   Responsibility for administering and implementing the Historic Design Guidelines is delegated to the Architectural Review Board, City Planning Staff and Murray Main Street, a nonprofit corporation pursuant to KRS Chapter 58.
      (2)   Each proposed development within the Historic District shall apply for a Certificate of Appropriateness. The application guidelines will be followed as described in the Architectural Review Board ordinance, §§ 32.65 through 32.69.
(Ord. 2008-1475, passed 11-13-08; Am. Ord. 2009-1480, passed 2-26-09)