(A) Requirement for Certificate of Appropriateness. A Certificate of Appropriateness shall be required before a person may undertake the following actions affecting a landmark or a property in an historic district:
(1) Alteration of the exterior part of a building or structure that is visible to the public;
(2) New construction;
(3) Demolition; or
(4) Relocation.
A Certificate of Appropriateness is required even when the proposed work does not require a building permit.
(B) Application process.
(1) An application for a Certificate of Appropriateness may be obtained from the City of Murray Planning Department. City staff will meet with the applicant regarding the application process and guidelines to ensure completion of application. In addition to the application, the applicant shall provide drawings of the proposed work, photographs of the existing building or site and adjacent properties, and information about the building materials to be used. All applications will be reviewed by the Board at a public hearing, except for those applications proposing exterior alterations to a structure or property that meet the criteria as designated in the city design guidelines. The Board shall grant the city staff authority to review and issue a certificate of appropriateness for such applications.
(2) Stop work order. In the event work is being performed without the required Certificate of Appropriateness, the Board or City Official shall direct the Building Inspector to issue a Stop Work Order. All work shall cease on the designated property until a certificate of appropriateness has been issued.
(C) Action by the Architectural Review Board: notice. Once a completed Certificate of Appropriateness application has been received the Board shall hold a public hearing to consider the request. Notice of the public hearing shall be given at least fourteen (14) days in advance of the public hearing by first class mail to all surrounding property owners along with a notice of the hearing by publication in the Murray Ledger and Times in Murray. Kentucky not less than seven (7) days nor more than twenty-one (21) days prior to the public hearing. At the public hearing, the Board shall consider the request for a Certificate of Appropriateness by examining the staff report, and hearing testimony of the applicant, and interested citizens speaking in favor or in opposition of the proposed changes. The Board 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 Board shall consider historical and architectural significance, architectural style, design, texture of materials and color and may suggest modifications to the application. The Certificate of Appropriateness issued by the Board shall not relieve the applicant from complying with the requirements of other state and local laws and regulations. The Board shall vote to approve or disapprove all or a part of the application within ninety (90) days after the completed application is filed. If the application is approved city staff shall then issue the Certificate of Appropriateness and the applicant may apply for a building permit (if applicable) to begin work. If the application is disapproved, the Board shall notify the applicant in writing the reasons for such disapproval. The applicant may not reapply for the same request for a period of six (6) months from the date of action taken by the Board unless otherwise noted.
(D) Routine Alterations: Ordinary Maintenance and Repairs.
(1) The Board may prepare a list of routine alterations that may receive immediate approval without a public hearing, when an applicant complies with the written guidelines of the Board. At each meeting the Board shall be informed of the Certificates of Appropriateness that have been issued under this provision. The Board 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.
(2) Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided this work on a landmark or a property in an historic district does not change its exterior appearance that is visible to the public. Every person in charge of a landmark or a property in an historic district shall keep it in good repair: (1) all of the exterior portions of such buildings or structures; and (2) all interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this provision is to prevent a person from forcing the demolition of his building by neglecting it and by permitting damage to the building because of weather or vandalism.
(3) No provision in this subchapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his 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.
(E) Meetings with owners about condition of buildings. The Board shall request a meeting with a property owner when his landmark or his building in an historic district is in poor repair, and the Board shall discuss with the owner ways to improve the condition of his property. After this step, the Board may request the Building Inspector to take action to require correction of defects in conflict with the city's building code and property maintenance code any building or structure designated under this subchapter so that such building or structure shall be preserved in accordance with the purposes of the subchapter. Action taken by the city may include boarding up the doors, windows, and other parts of the building and additional steps to stabilize walls, roofs and other parts of the building or structure.
(F) 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 an historic district, he may order the remedying of these conditions without the approval of the Board. When it is possible, he shall consult with the Chairman or Vice Chairman of the Board about the action being taken. If consultation is not possible, the city shall notify the Board of the action taken after the completion of the work.
(G) Demolition of a landmark or a building or structure in an historic district. When an applicant wishes to demolish a landmark or a building or structure in an historic district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public hearing, the Board may decide that the building or structure in an historic district may be demolished because it does not contribute to the historic district. On all other demolition applications, the Board shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the historic district can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income - producing building, the Board shall also determine whether the applicant can obtain a reasonable return from his building. The Board may ask applicants for additional information to be used in making these determinations. If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition application unless the Board finds grounds to grant the demolition application under the points contained in § 32.68(A) through (D).
(H) Moving a landmark or a building or structure in an historic district. When applicant wishes to move a landmark or a building or structure in a historic district or when an applicant wishes to move a building or structure to a lot containing a landmark or to a property in an historic district, the Board shall consider:
(1) The contribution the building or structure makes to the present setting;
(2) Whether there are definite plans for the site to be vacated;
(3) Whether the building or structure can be moved without significant damage to its physical integrity; and
(4) The compatibility of the building or structure to its proposed site and adjacent properties. These considerations shall be in additions to the points contained in § 32.68(A) through (D).
(I) Length of validity of certificate of appropriateness. A Certificate of Appropriateness shall remain valid for six (6) months after it is issued. Work is required to begin before the end of the six (6) month period. Actual work is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition is required preparatory to rebuilding, such excavation or demolition shall be deemed to be actual work provided that shall be carried out diligently.
(J) Appeal of the Board's decision. The applicant shall have a right to appeal a decision by the Board to the City Council on any request to amend the original designated boundaries or an application for a Certificate of Appropriateness, within thirty (30) days of the action of the Board.
(Ord. 2003-1334, passed 11-13-03; Am. Ord. 2008-1460, passed 4-24-08; Am. Ord. 2009-1482, passed 3-12-09; Am. Ord. 2021-1810, passed 5-27-21)