Section
157.01 Purpose and declaration of public property
157.02 Definitions
157.03 Pikeville Historic Preservation Board
157.04 Powers and duties of the Board
157.05 Nominations to the National Register of Historic Places
157.06 Designations of landmarks and historic districts
157.07 Review of changes to landmarks and property in historic districts
157.08 Emergency conditions
157.09 Maintenance and repair of landmarks and property in historic districts
157.10 Vacant lots in a historical district
157.11 Conformity with the certificate of appropriateness
157.12 Designation of commercial and residential districts and individual landmarks
157.13 Adoption of historical preservation design and review guidelines
157.99 Penalty
(A) The Board of Commissioners declares as a matter of public policy that the preservation, protection, and use of landmarks and historic districts is a public necessity because they have a distinct character or a special historic, architectural, or cultural value and thus serve as visible reminders of the history and heritage of this city, state and nation. The Board of Commissioners finds that this chapter benefits all the residents of the city and all the owners of property and declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people.
(B) The purpose of this chapter is to effect the goals as set forth in the above findings and declaration of public policy and specifically, but not exclusively, to:
(1) Effect and accomplish the preservation, protection and use of historic districts and landmarks having a distinctive character or a special historic, architectural or cultural value to this city, state and nation;
(2) Promote the educational, cultural, economic and general welfare of the people and safeguard the city’s history and heritage as embodied and reflected in such landmarks and districts;
(3) Stabilize and improve property values in such districts and in the city as a whole;
(4) Provide a review process for the preservation and continued use of designated historic properties;
(5) Foster civic pride in the value of notable accomplishments of the past;
(6) Strengthen the economy of the city;
(7) Protect and enhance the city’s attractions to residents, tourists and visitors and serve as a support and stimulus to business and industry; and
(8) Enhance the visual and aesthetic character, diversity and interest of the city.
(Ord. 0-90-028, passed 8-27-90)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERATION. Any construction on or change to the exterior of a designated historic property when the construction or change is visible to the public and may be seen by a person located on a public street. An alteration shall include construction or changes on lots containing landmarks and lots within a historic district. An alteration shall not include painting and ordinary maintenance repair.
BOARD. The Pikeville Historic Preservation Board.
CERTIFICATE OF APPROPRIATENESS. The document, issued by the Historic Preservation Board, which gives its approval for work to be done on a designated historic property. A certificate of appropriateness must be issued prior to the issuance of a building permit. A certificate of appropriateness may contain conditions relating to the proposed work.
CERTIFIED LOCAL GOVERNMENT. A government meeting the requirements of the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
DEMOLITION. Any act that destroys in whole or in part a designated historic property.
DESIGNATED HISTORIC PROPERTY. A landmark or a building or structure in a historic district. A landmark or historic district shall be established by the Board of Commissioners. The designated historic property shall include all lots within a historic district and the entire lot containing a landmark.
HISTORIC DISTRICT. An area of architectural, historical or cultural significance to the city, state or nation that meets one (1) or more of the criteria contained in § 157.06 and has been designated by the city. The district shall include all lots within the boundaries of the district.
LANDMARK. A building, a structure, an object or a location of architectural, historical or cultural significance to the city, state or nation that meets one (1) more of the criteria contained in § 157.06 and has been designated by the city. A landmark shall include a historical site that was the location of a significant historical event. A landmark shall include the entire lot containing a landmark including related buildings and structures and the land that provides the grounds, the premises and the setting for the landmark.
ORDINARY MAINTENANCE AND REPAIR. Any work, the purpose of which is to correct deterioration or to prevent deterioration of a designated historic property. The work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance. The work shall involve the use of the same building materials or available materials that are as close as possible to the original.
(Ord. 0-90-028, passed 8-27-90)
(A) There is hereby established the Pikeville Historic Preservation Board. The Board shall consist of five (5) members appointed by the Mayor and approved by the Board of Commissioners. The members shall have demonstrated interest in historic preservation, and at least two (2) members shall have training or experience in a preservation-related profession, architecture, history, archaeology, architectural history, planning or related fields. When one (1) or two (2) professional members are not available, the Mayor may appoint other persons interested in historic preservation to serve. When the Board reviews an issue that is normally evaluated by a professional member and the field is not represented on the Board, the Board shall seek expert advice before rendering its decision. In making appointments, the Mayor shall seek to include a member who is active in real estate. Members of the Board shall serve without compensation, but they shall be reimbursed for expenses incurred in the performance of their duties in accordance with the rules adopted by the Board.
(B) The terms of office of the members shall be four (4) years, except the terms of two (2) members of the original Board shall expire after two (2) years and the terms of two (2) members of the original Board shall expire after one (1) year. Each member shall serve until the appointment and qualification of his or her successor. When a vacancy occurs during a term of office, it shall be filled within sixty (60) days, and the person selected shall be appointed for the unexpired portion of the term.
(C) The Board shall each year elect members to serve as Chairman, Vice Chairman and Secretary. The Chairman shall preside at meetings of the Board and shall have the right to vote. The Chairman shall be the spokesman for the Board in presenting its policy to the city government and to the public. In the absence or disability of the Chairman, the Vice Chairman shall perform his or her duties. The Secretary shall prepare the minutes of the Board’s meetings which shall be available for public inspection. The Board shall submit periodic reports to the Commission, the frequency and content of which shall be determined by the Commission.
(D) No members of the Board shall vote on any matter that may affect the property, income or business interests of that member.
(E) The Board, in addition to any appropriations made by the city, shall have the right to receive, hold and spend funds which it may legally receive from any source both in and out of the Commonwealth for the purpose of carrying out the provisions of this chapter. The Board shall at all times fully comply with the Kentucky Model Procurement Code as adopted by the Commission.
(Ord. 0-90-028, passed 8-27-90; Am. Ord. 07-0-002, passed 2-26-07; Am. Ord. 07-0-005, passed 2-26-07)
(A) In addition to the powers and duties stated elsewhere, the Board shall take actions necessary and appropriate to accomplish the purposes of this chapter. These actions may include, but are not limited to:
(1) Conducting a survey of historic buildings and areas and preparing a plan for their preservation;
(2) Recommending the designation of historic districts and individual landmarks;
(3) Regulating changes to designated historic property, including proposed alterations that are visible to the public; demolitions; relocations; vacant lots within a historical district and new construction;
(4) Adopting guidelines for changes to designated historic property;
(5) Working with and advising the federal, state and county governments and other parts of city government;
(6) Advising and assisting property owners and other persons and groups, including neighborhood organizations who are interested in historic preservation;
(7) Initiating plans for the preservation and rehabilitation of individual historic buildings; and
(8) Undertaking educational programs including the preparation of publications, the placing of historic markers and the recognition of successful rehabilitation projects.
(B) In making its survey of historic buildings and areas, the Board shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Board shall provide that its survey and preservation plan shall be maintained and continued. The Board shall use the preservation plan to assist the city in its overall planning efforts.
(C) The Board shall adopt and make public rules for the transaction of its business and shall hold monthly public meetings and special public meetings, when necessary. All meetings shall have a previously available agenda and shall comply with the Kentucky Open Meeting Statute (KRS 61.805). A simple majority of the membership shall be required for decisions involving historic buildings and areas.
(D) The Board 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.
(E) The Board shall receive assistance in the performance of its responsibilities from a city staff member whose assigned duties shall include this work with the Board and who shall have expertise in historic preservation or a closely-related field. Other city staff members may be asked to assist the Board by providing technical advice or helping in the administration of this chapter.
(F) The Board may encourage plans for the preservation and rehabilitation of individual historic buildings. The Board shall, on a regular basis, give recognition to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of Pikeville.
(Ord. 0-90-028, passed 8-27-90; Am. Ord. 07-0-002, passed 2-26-07; Am. Ord. O-2021-10, passed 4-26-21)
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