(A) Requirement for certificate of appropriateness. A certificate of appropriateness from the Commission shall be required before a person may undertake the following actions affecting a landmark, a landmark site, or a property in a historic district:
(1) Alteration of the exterior part of a structure that is visible to the public;
(2) New construction;
(3) Demolition; or
(4) Relocation.
(B) Application to the Commission.
(1) When a person wishes to undertake an exterior alteration visible to the public affecting a landmark, a landmark site, or a property in a historic district that does not require a building permit, that person shall apply directly to the Commission for a certificate of appropriateness.
(2) The Building Inspector shall forward to the Commission every application for a permit that
would authorize an exterior alteration visible to the public, new construction, demolition, or relocation affecting a landmark, a landmark site, or a property in a historic district. The Building Inspector shall give the applicant a form from the Commission requesting additional information from the applicant.
(3) The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building, structure, or site and adjacent properties, and information about the building materials to be used.
(C) Stop-work order; injunction.
(1) In the event work is being performed without the required certificate of appropriateness, the Commission shall ask that a stop-work order be issued. In the event work requiring a certificate of appropriateness, but not a building permit is being performed without the required certificate of appropriateness, the Commission shall ask that a stop-work order be issued.
(2) In the event work is being performed which is not in accordance with such certificate, the Police Chief or the City Clerk shall issue a stop-work order and any law enforcement officer may cite violators in District Court. All work shall cease on the designated property.
(3) No additional work shall be undertaken as long as such stop-work order shall continue in effect. The city may apply in Circuit Court for an injunction to enforce its stop-work order.
(D) Action by the Commission; notice.
(1) The Commission shall hold a public hearing on each certificate of appropriateness within 45 days after a completed application is received by the Commission. The Commission shall make a decision on the application within 45 days after the receipt of a completed application; provided, that the Commission may extend the time for decision an additional 60 days when the application is for demolition or new construction.
(2) The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its guidelines. The Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted.
(3) If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Commission’s decision.
(4) When an application has been approved, the applicant shall be given a certificate of appropriateness. Advertised notice of the hearing shall be given, including conspicuous posting on the property for five consecutive days immediately prior to the hearing.
(E) Criterial in deciding on applications.
(1) In making a decision on an application, the Commission shall use the general guidelines and the guidelines it has adopted for that landmark or historic district.
(2) The Commission shall consider:
(a) The effect of the proposed work on the landmark or the property upon which such work in the historic district is to be done; and
(b) The relationship between such work and other adjacent or nearby buildings and property.
(3) In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, arrangement, texture, materials, and color. The certificate of appropriateness from the Commission shall not relieve the property owner from complying with the requirements of other commonwealth and local laws and regulations.
(F) Consulting with applicants. In making a decision on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his or her plans, he or she may bring a tentative proposal to the Commission for its comments.
(G) Routine alterations, ordinary maintenance, and repairs.
(1) The Commission shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications written guidelines of the Commission. At each meeting, the Commission shall be informed of the certificates of appropriateness that have been issued under this provision. The Commission may regulate the color of paint used on designated property.
(2) Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness provided this work on a landmark, a landmark site, or a property in a historic district does not change its exterior appearance that is visible to the public.
(3) Every person in charge of a landmark or a property in a historic district shall keep it in good repair:
(a) All of the exterior portions of such buildings or structures; and
(b) All interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate, 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 or her building by neglecting it and by permitting damage to the building because of weather or vandalism.
(4) No provision in this chapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his or her building to its original appearance.
(H) Meetings with owners about condition of buildings.
(1) (a) The Commission shall request a meeting with a property owner when his or her landmark or his or her building in a historic district is in poor repair, and the Commission shall discuss with the owner ways to improve the condition of his or her property.
(b) After this step, the Commission may request the Building Inspector to take action to require correction of defects in any building or structure designated under this chapter so that such building or structure shall be preserved in accordance with the purposes of this chapter.
(c) The action taken by 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.
(2) The Commission shall request a meeting with the owner of each vacant lot in a historic district, and the Commission shall discuss with each owner ways to maintain the vacant lot so that it will contribute to the preservation of the historic district. The Commission may prepare plans to improve the appearance of a vacant lot in the historic district.
(3) The provisions of this section shall be in addition to all other provisions of the Commonwealth Building Code, being 815 KAR 7:120 requiring buildings and structures to be kept in good repair.
(I) Emergency situations.
(1) When a property is damaged by fire, storm, or other unexpected events, the owner or tenant may receive approval from the Chairperson or Vice-Chairperson of the Commission for the work to be done in response to this emergency. At its next meeting, the Commission shall be informed of the certificates of appropriateness that were issued. In situations requiring temporary action, an owner may do work in order to temporarily protect the property from further damage provided the owner reports this work to the Commission within two business days.
(2) An owner shall immediately notify the Building Inspector of emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a historic district, and the owner shall promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(3) In any case where the Building Inspector determines that there are emergency conditions dangerous to life health, or property affecting a landmark, a landmark site, or a property in a historic district, he or she may order remedying of these conditions without the approval of the Commission. The Code Enforcement Officer shall promptly notify the Chairperson of the Commission of the action being taken.
(J) Demolition of a landmark or a building or structure in a historic district.
(1) When an applicant wishes to demolish a landmark, building, or structure on a landmark site, or a building or structure in a historic 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.
(2) After its public hearing, the Commission may decide that a building or structure in a historic district or on a landmark site may be demolished because it does not contribute to the historic district or to the landmark. On all other demolition applications, the Commission 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.
(3) In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his or her existing building. The Commission may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in § 154.06(E).
(4) If economic hardship or the lack of a reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds grounds to grant the demolition application under the points contained in § 154.06(E).
(M) Moving a landmark, building, or structure in a historic district.
(1) When the applicant wishes to move a landmark, building, or structure on a landmark site, or a building or structure in a historic district, or wishes to move a building or structure to a landmark site or to a property in a historic district, the Commission shall consider:
(a) The contribution the building or structure makes to its present setting;
(b) Whether there are definite plans for the site to be vacated;
(c) Whether the building or structure can be moved without significant damage to its physical integrity; and
(d) The compatibility of the building or structure to its proposed site and adjacent properties.
(2) These considerations shall be in addition to the points contained in § 154.06(E).
(N) Length of validity of certificate of appropriateness.
(1) A certificate of appropriateness shall remain valid for one year after it is issued. Work is required to start before the end of the one-year period. If actual work has not commenced within one year, the certificate is invalid.
(2) ACTUAL WORK is hereby defined to include the placing of construction materials in 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 it shall be carried out diligently.
(O) Appeal of the Commission’s decision. The applicant shall have an appeal to the Circuit Court from a decision of the Commission on an application for a certificate of appropriateness. Such appeal must be filed in writing with the City Clerk within 14 days after the decision of the Commission. The City Council shall hold a public hearing and shall vote on said appeal within 60 days of its receipt. The City Council shall transmit its decision in writing to the applicant, the Commission, and the Code Enforcement Officer.
(Ord. 648B-01, passed 9-10-2001; Ord. 734-06, passed 11-13-2006)