2. B.
   Applicability of Historic Overlay Districts

   1. 1.
      The Historic (H) Landmark and District Classifications and these regulations are established in addition to the underlying district and regulations pertaining to said underlying district. Where there are conflicts between the procedures and regulations herein established for Historic Landmark or District Overlays and other procedures and regulations in these regulations, the provisions of this Article shall apply.

3. C.
   Historic Preservation Activities

   1. 1.
      These regulations provide a means to systematically review and protect, as necessary, neighborhoods, areas, places, and buildings, structures, sites, and objects of special and/or distinctive prehistoric, historic, architectural, cultural, or aesthetic significance.

Effective on: 12/20/2022

1. 1.
   Membership of the HPRB

   1. a.
      The Historic Preservation Review Board shall consist of a minimum of seven members, to be appointed pursuant to the agreement to form a joint planning unit in Boone County and KRS 100.127 (3). The members shall have a demonstrated interest in historic preservation, or local history, and at least two members shall have training or experience in a preservation-related profession such as architecture, history, archaeology, architectural history, planning or a related field. Two professional members shall be appointed to the Board unless such persons are not available to serve. Board membership may also include a developer, a realtor, community businessperson, or other related professions. Members of the Board shall serve without compensation. In addition, each Board member shall be required to attend, or view online, at least one informational/educational workshop per year, approved by the State Historic Preservation Office.
   2. b.
      Three of the members shall be appointed for three years, two for two years, and one for one year. Subsequently, members shall be appointed for three years. When vacancies occur, a new member shall be selected within sixty (60) days of the vacancy.

2. 2.
   Meetings of the HPRB

   1. a.
      Meetings shall be held at regularly scheduled times and shall be held no less than four times per year. Special meetings can be called by the Chairman or in his/her absence, the Vice-Chairman, or at the request of the Planning Commission. Recommendations by the HPRB shall be made by a majority vote of those members at any meeting where a quorum of members is present. The Rural/Open Space Planner, or a designee shall prepare the minutes of the Board’s meetings which shall be available for public inspection. The HPRB shall prepare and keep on file at the Planning Commission office, a written annual report of activities, cases, decisions, qualifications of members and other work. These shall be available for public inspection. The Planning Commission may provide staff and financial assistance to the HPRB. In addition, the HPRB will adopt rules of order and procedure that shall be available for public inspection.

3. 3.
   Powers and Duties of the HPRB

   1. a.
      The HPRB shall take action necessary and appropriate to accomplish the purposes of this article. These actions include, but are not limited to, acting as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation, conducting a survey of historic buildings and areas and preparing a plan for their preservation; recommending the designation of historic districts and individual landmarks; regulating changes to designated local landmarks and districts including proposed alterations, and new construction; adopting guidelines for changes to designated property; working with and advising the federal, state and county and city governments on historic preservation issues including any federally funded project which comes under Section 106 review; and advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation. In addition, these actions may include initiating plans for the preservation and rehabilitation of individual historic buildings and undertaking educational programs including the preparation of publications and the placing of historic markers.

4. 4.
   Notification Procedure

   1. a.
      When property is under review by the HPRB, notice of the hearing shall be posted conspicuously on the property for a minimum of fourteen (14) consecutive days immediately prior to the hearing. Notice of the meetings shall be published in a newspaper of general circulation at least once, but may be published two or more times, provided that one publication occurs within seven (7) to twenty-one (21) days prior to the meeting. Such published notice shall state, at a minimum, the date, time, place, and type of meeting.

Effective on: 12/20/2022

Effective on: 12/20/2022

2. 2.
   Recommendation by the Historic Preservation Review Board

   1. a.
      If the applicant is a party other than the HPRB, that body shall review the application at the next regularly scheduled business meeting, provided the application was received fifteen (15) working days prior to the meeting, and make an official recommendation to the Planning Commission. The HPRB’s recommendation shall be forwarded to the Commission for action. The recommendation for an overlay shall strongly consider the desire of the land owner(s), present and intended use (as known), and be based upon the request meeting one or more of the following criteria:

      1. I.
         Its value as a visible reminder of the cultural heritage of the area, state, or nation.
      2. II.
         Its location as a site of a significant local, state, or national event.
      3. III.
         Its identification with a person or persons who significantly contributed to the development of the area, state, or nation.
      4. IV.
         Its identification as the work of a master designer, builder, or architect, whose individual work has influenced the development of the area, state, or nation.
      5. V.
         Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance.
      6. VI.
         Its distinguishing or unusual characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.
      7. VII.
         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.
      8. VIII.
         Its character as an established and geographically definable neighborhood, united by culture, architectural style or physical plan and development.

3. 3.
   Hearing for Zoning Action

   1. a.
      A public hearing before the Planning Commission shall be scheduled to hear comments on the Historic Landmark/District Overlay. All notifications for the hearing must follow the procedures established within ARTICLE 3. At this hearing, the HPRB shall report on the relationship between the proposed designation and the future land use of the county as noted in the Boone County Comprehensive Plan. Additionally, comments by the applicant and other individuals shall be heard.

4. 4.
   Recommendation by Planning Commission

   1. a.
      After receiving the recommendation of the Historic Preservation Review Board and conducting a public hearing, the Commission shall vote to approve or deny the request at their next regularly scheduled business meeting. The Commission’s recommendation must be based on the HPRB’s recommendation and a finding of fact as required in SECTION 308 of this ordinance.
   2. b.
      Results of the Commission vote shall then be sent to the appropriate legislative body or Fiscal Court.

5. 5.
   Action by City Council or Fiscal Court

   1. a.
      Within ninety (90) days of receipt of the recommendation from the Planning Commission, the legislative body or Fiscal Court shall either adopt or deny the recommendation of the Planning Commission or adopt some modification thereof. In the event the legislative body or Fiscal Court overturn the recommendation of the Planning Commission, a majority of the entire membership shall be required to take such action, and the applicant shall be notified.

Effective on: 12/20/2022

2. B.
   Action by Historic Preservation Review Board

   1. 1.
      Upon the filing of an application for a building permit in a Historic District or affecting a Historic Landmark, the Building Inspector and Zoning Administrator shall promptly notify the HPRB of such application. The applicant must also complete an application for a Certificate of Appropriateness (COA) and a COA must be approved prior to the issuance of a zoning or building permit. The HPRB shall then discuss the application at their next business meeting, as long as the application is received a minimum of fifteen (15) working days prior to that meeting. The HPRB, shall require the submission of any or all of the following items (unless they do not apply to a specific proposal): architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs for perspective drawings showing proposed structures and all such existing structures as are within one hundred (100) feet of the Historic District or Landmark and are substantially related to it visually or by reason of function, traffic generation or other characteristics.
   2. 2.
      In its review of the material submitted, the HPRB shall examine the architectural design and the exterior surface, treatment of the structures on the site in question, and their relationship to other structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the district or landmark. Conformance with the standards and guidelines in the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and design guidelines tailored to each historic district, if such guidelines have been adopted, shall be the basis for the HPRB’s decision. The HPRB shall not consider any interior arrangements. The HPRB shall vote to approve or disapprove the application within ninety (90) days after the application is filed for a building permit with the Building Inspector.

3. C.
   Approval by Historic Preservation Review Board

   1. 1.
      If the HPRB approves the application for a COA in a Historic District or at the site of a Historic Landmark, it shall immediately forward its recommendations in writing, stating the reasons for such approval to the Planning Commission. The Commission shall promptly cause a COA to be issued to the applicant, and shall at the same time transmit a copy of said certificate to the Building Inspector. Upon receipt of the COA, the Building Inspector shall issue the building permit if it meets all other requirements of the law. The Building Inspector shall inspect the construction or alteration approved by such certificate from time to time and report to the HPRB and the Commission any work not in accordance with such certificate.

4. D.
   Disapproval by Historic Preservation Review Board

   1. 1.
      If the Historic Preservation Review Board denies an application for a COA in a Historic District, it shall promptly transmit a written statement of the reasons for such disapproval to the Planning Commission and send a copy of that statement to the applicant.

5. E.
   Appeal Process

   1. 1.
      In the event the Historic Preservation Review Board denies an application for a building permit COA in a Historic Overlay, the applicant for said permit may appeal to the Planning Commission, which shall hold a public hearing thereon and shall vote on said appeal within thirty (30) days after the notice of appeal is filed with the Commission. The Commission shall give notice of the Public Hearing. If the Commission votes to recommend that the application for a building permit be approved, it shall issue a COA to the applicant and transmit a copy to the Building Inspector.
   2. 2.
      If the Commission votes to uphold the HPRB’s denial of a COA, it shall transmit its decision in writing to the Building Inspector. In such cases, no building permit shall be issued by the Building Inspector on said application for a period of six (6) months from the date of the decision of the Commission. During this period, representatives from the Planning Commission, the HPRB and the applicant shall undergo meaningful discussions for the purpose of finding a method to resolve the issues resulting in the Commission’s denial of the COA. The Commission shall also investigate the feasibility of preserving the historic structure or the integrity of the historic district through such actions as leasing, sub-leasing, or acquisition of all or part of interest in the property.

6. F.
   Failure of Historic Preservation Review Board to Act

   1. 1.
      Upon failure of the HPRB to take action upon any case within ninety (90) days after the application for a building permit has been filed with the Building Inspector, and unless a mutual agreement between the HPRB and the applicant has been made for an extension of said time, the application shall be deemed to be approved and the Planning Commission shall promptly issue a COA as provided herein above.

Effective on: 12/20/2022

Effective on: 12/20/2022