No person shall be permitted to disturb, demolish, destroy, reconstruct or otherwise affect historic structures. No public or private utility, attempting to take property under the law of eminent domain, shall be permitted to disturb, demolish, destroy, reconstruct or otherwise affect historic structures without first obtaining necessary grading, wrecking and/or other appropriate permits from the Woodford County Planning Commission. If the Planning Commission rejects the permit request of the private or public utility, then the Public Service Commission may override the decision of the Planning Commission and issue a certificate of convenience and necessity for the requested permit(s), if it determines that there is no acceptable alternate site and that the public convenience and necessity requires the proposed construction, which determination must be more than conclusory in nature, and which must be supported by reliable and verifiable documentation, research and/or studies and analysis. In a case involving water lines, regulation of the size and dimension of water lines shall remain within the jurisdiction of the Planning Commission and/or Fiscal Court. Provided, however, that the terms of this provision shall not bind or apply to Woodford County Government or to any of its agencies or districts, or to the Federal Highway Administration, Kentucky Department of Transportation or other similar government agency.
(Ord. 1-99, passed 2-23-1999) Penalty see § 151.99