Specific powers. The Commission shall take necessary and appropriate action to accomplish the purpose of this chapter. These actions may include the following:
(A) Establishing overlay districts. No overlay district may be established within the city unless the following conditions have been met:
(1) The establishment of any overlay district shall begin with the Commission’s recommendation and finding of fact to the City Council.
(2) The recommendation of the Commission shall include a listing of all the individual parcels in the area to be included in the area proposed, a recommendation of the design guidelines and regulations to be imposed upon the area to be protected and findings detailing the reasons why the Commission believes a certain area should be protected, based upon the following criteria:
(a) The value of the site as a reminder of the cultural or archeological heritage of the location as a site of significant local, state, or national event, or identification with a person or persons who significantly contributed to the development of the city;
(b) The quality of the site’s architecture and architectural style is valuable for the study of a period, method of construction, or use of indigenous materials;
(c) The character of the site is an established and geographically definable neighborhood, united by culture, continuity of sites, architectural style or physical plan and development; and
(d) The desire of the city to the extent possible, preserve the extensive green space and tree canopy that has characterized the development of the city area and has contributed to the city’s designation as a Tree City USA for many years.
(3) The City Council shall act upon the recommendation of the Commission by either accepting the recommendation, denying the recommendation, or accepting the recommendation with modifications. Such action shall be memorialized in an ordinance which meets the requirements of KRS 82.650 to 82.670. Prior to the second reading of said ordinance, the city will hold the public hearing required by KRS 82.650 to 82.670 and shall send a copy of the draft ordinance to the Oldham County Planning Commission.
(4) At the conclusion of the required public hearing the city shall determine whether to impose the overlay district by deciding whether to approve the final ordinance.
(5) The Commission shall notify each owner in an overlay district of the designation and shall arrange that the designation of a property as part of an overlay district be filed by the Oldham County Clerk in the land records by owner’s name and tax district lot and block number. The Commission shall also give notice of the designation to the Oldham County Planning Commission.
(B) Administering overlay districts. The Pewee Valley Overlay District Commission is hereby delegated the authority and responsibility for the administration of any designated overlay district, in accordance with KRS 82.650 to 82.670 and the following:
(1) A certificate of appropriateness from the Commission shall be required before a person may undertake the following actions affecting the exterior of any property located within a designated overlay district:
(a) Construction requiring a building permit;
(b) Demolition requiring a demolition permit;
(c) Relocation or moving a structure; and
(d) Any project requiring a development plan approval, conditional use permit or site disturbance permit.
(2) Any determination of a certificate of appropriateness shall be in writing and shall be based upon the design guidelines and regulations that were adopted by the city when the overlay district was established by ordinance. The Commission shall prepare and keep on file, available for public inspection, a written annual report of its activities, cases, decisions, qualifications of members and other work.
(3) Overlay district regulations shall not conflict with the zoning regulations for the city and shall not permit uses prohibited by the underlying zoning regulations, nor prohibit uses allowed by the underlying zoning regulations. Overlay district regulations shall supplement the underlying zoning regulations by establishing additional design standards, guidelines, and criteria for development with the overlay district to reserve, conserve, or protect the historical, cultural, architectural, aesthetic, or other distinctive characteristics of the overlay district.
(4) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness; provided, the work does not require building permit, demolition permit, moving a structure, or any project requiring a development plan approval, conditional use permit or site disturbance permit.
(5) When an applicant wishes to demolish a building or structure in an overlay district, the Commission shall negotiate with the applicant to see if an alternative to demolition can be found. The Commission 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. The Commission may decide that a building or structure may be demolished if it does not contribute to the district or is too badly damaged to repair. The Commission shall study the question of economic hardship for the applicant and shall determine whether property can be put to reasonable beneficial use without the approval of the demolition application.
(6) When a property is damaged by fire, a storm or other unexpected event, the owner or tenant may receive approval from the Chairperson or Vice-Chairperson of the Commission for work to be done in response to this emergency. In situations requiring temporary action, an owner may do work to protect temporarily his or her property from further damage; provided, he or she reports this work to the Commission within ten business days.
(7) Any applicant denied a permit under KRS 82.650 to 82.670 shall first have right of appeal to the City Council. The decision of the City Council is then appealable to Oldham Circuit Court.
(Ord. 7, Series 2022, passed 11-2-2022)