The following section shall address the processes and review criteria for designating local historic districts, landmarks, or landmark sites.
(A) Designation criteria. In considering any area, place, structure, work of art, or object in Newport as a local historic district, landmark, or landmark site, the City shall be required to demonstrate that such designation meets one or more of the following criteria as part of the applicable review procedure:
(1) Its value as a reminder of the cultural or archaeological heritage of the City, state, or nation;
(2) Its location as a site of a significant local, state, or national event;
(3) Its identification with a person or persons who significantly contributed to the development of the City, state, or nation;
(4) Its identification as the work of a master builder, designer or architect, whose individual work has influenced the development of the City, state, or nation;
(5) Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance;
(6) Its distinguishing characteristics of an architectural style valuable for the study of a period, method of construction or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant concentration or continuity of sites, buildings, objects, or structures, united by past events or aesthetically by plan or physical development; or
(8) Its character as an established and geographically definable neighborhood, united by culture, architectural style, or physical plan and development.
(B) Designation of local landmarks or landmark sites.
(1) Step 1- initiation. The designation of a local landmark or landmark site may be initiated by the City Manager, after administrative consideration or direction from the Board of Commissioners, or by the filing of an application for designation by a property owner, any resident of Newport, or any organization in Newport. A person or an organization proposing a designation shall give the Commission the names and addresses of the owners of the subject properties and the owners of all adjoining property, as listed on the tax rolls of the City.
(2) Step 2 - notification and scheduling of public hearing.
(a) The Commission shall assemble information about the local landmark or landmark site district being considered for designation and shall schedule a public hearing on the proposed designation.
(b) Advertised notice of the hearing shall be given in accordance with KRS Chapter 424 and, ,at a minimum, shall include:
1. Written notice given by first-class mail to the owners of all properties under consideration at least 15 days prior to the public hearing. Such written notice shall also be sent to any owners of lots that adjoin the subject landmark or landmark site. Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the City; and
2. The conspicuous posting of a sign on the property that is the subject of the application.
(3) Step 3 - commission review and recommendation.
(a) The Commission shall hold a public hearing regarding the proposed designation with the notice as required above.
(b) Prior to such hearing, the Commission shall establish the guidelines that shall apply to the subject local landmark or landmark site. Such guidelines shall be considered and acted upon as part of any designation. The Commission shall have the authority to utilize the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, general guidelines applicable to all landmarks or landmark sites in the City, or special guidelines specific to the subject local landmark or landmark site.
(c) After evaluating the testimony received at its public hearing, survey information, and other material it has assembled, the Commission shall have up to 12 months after a new designation is proposed to make its recommendation to the Board of Commissioners with a written report on the local landmark or landmark site under consideration. The report shall contain information about structures and sites which have been identified for inclusion in the proposed designation.
(4) Step 4 - Board of Commissioners review and decision.
(a) The Board of Commissioners shall review the information forwarded from the Commission and make a decision to approve, modify, or deny the proposed designation within 60 days after receiving the Commission's recommendation.
(b) The Board of Commissioners shall make their decision by the enactment of ordinances.
(5) Step 5 - notification of designation. Within 30 days of the Board of Commissioner's decision, the Commission shall notify each owner of the decision relating to their property and shall arrange that the designation of a property as a local landmark or landmark site be recorded in the land records of Campbell County. The Commission shall also give notice of the decision to the government offices in the City and Campbell County, which shall retain them for future reference.
(C) Designation of local historic districts. The following is the procedure for the designation of a local historic district, which requires a zoning ordinance amendment for a related overlay district.
(1) Step 1 - initiation. The designation of a local historic district may be initiated by the City Manager, after administrative consideration or direction from the Board of Commissioners, or by the filing of an application for designation by a property owner, any resident of Newport, or any organization in Newport. A person or an organization proposing a designation shall give the Commission the names and addresses of the owners of all properties within the historic district and the owners of all lots that adjoin the district, as listed on the tax rolls of the City.
(2) Step 2 - notification and scheduling of public hearing.
(a) The Commission shall assemble information about the local historic district being considered for designation and shall schedule a public hearing on the proposed designation.
(b) Advertised notice of the hearing shall be given in accordance with KRS Chapter 424 and, at a minimum, shall include:
1. Written notice shall be given by first-class mail to the owners of all properties under consideration at least 15 days prior to the public hearing. Such written notice shall also be sent to any owners of lots that adjoin the subject historic district. Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the City; and
(3) Step 3 - Commission review and recommendation.
(a) The Commission shall hold a public hearing regarding the proposed designation with the notice as required above.
(b) Prior to such hearing, the Commission shall establish the guidelines that shall apply to the subject local historic district. Such guidelines shall be considered and acted upon as part of any designation. The Commission shall have the authority to utilize the United States Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, general guidelines applicable to all historic districts, or special guidelines specific to the subject local historic district.
(c) After evaluating the testimony received at its public hearing, survey information, and other material it has assembled, the Commission shall have up to 12 months after a new designation is proposed to make its recommendation to the Planning and Zoning Commission with a written report on the local historic district under consideration. The report shall contain information about the district and the structures and sites within the district which have been identified for inclusion in the proposed designation.
(d) The Commission's recommendation shall be made to the Planning and Zoning Commission to form the base of an application for a zoning map amendment to a Design Review Overlay District that will have the same boundaries as the proposed local historic district.
(4) Step 4 - Planning and Zoning Commission review and recommendation.
(a) The Planning and Zoning Commission shall review the Commission's recommendation as part of a zoning map amendment process.
(b) The review process and resulting recommendation to the Board of Commissions shall be in the same form, and with the same public notice, as required by Article XVII of the Newport Zoning Ordinance.
(5) Step 5 - Board of Commissioners review and decision.
(a) The Board of Commissioners shall review the local historic district designation and the related zoning map amendment simultaneously.
(b) The Board of Commissioners shall review the information forwarded from the Historic Preservation Commission and the Planning and Zoning Commission, and make a decision to approve, modify, or deny the proposed designation in accordance with the provisions of Article XVII of the Newport Zoning Ordinance.
(c) The Board of Commissioners shall make their decision by the enactment of two ordinances. One ordinance shall be required for the designation of the local historic district, and a second ordinance shall be required for the related zoning map amendment to a Design Review Overlay District.
(6) Step 6 - notification of designation. Within 30 days of the Board of Commissioner's decision, the Commission shall notify each owner of the decision relating to their property and shall arrange that the designation of a property as that located within a local a historic district be recorded in the land records of Campbell County. The Commission shall also give notice of the decision to the government offices in the City and Campbell County, which shall retain them for future reference.
(D) Nominations to the National Register of Historic Places. The designation of any landmarks, landmark sites, or historic district to the National Register of Historic Places shall follow the procedural requirements of Kentucky Heritage Council.
(E) Amending or rescinding of designation.
(1) The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(2) Passage of any ordinance to rescind a designation shall relieve the owner or owners of any properties from any duties or penalties related to this subchapter on historic preservation.
(F) Moratorium on demolition during designation process.
(1) A moratorium on all demolition of any structure shall be in effect in areas proposed for designation as a landmark, landmark site, or historic district until such time that the Board of Commissioners has approved, modified or disapproved the proposed designation.
(2) During the period of any moratorium, approval for or the denial of, any request for demolition shall be required in accordance with the COA process and historic preservation guidelines set forth herein.
(Ord. O-2023-016, passed 9-25-2023)