Glasgow City Zoning Code
REVIEW PROCESS
§ 158.495 REQUIREMENT FOR CERTIFICATE OF APPROPRIATENESS.
A certificate of appropriateness shall be required before a person may undertake the following actions affecting a landmark or a property in a Historic Preservation District:
(A) Alteration of the exterior of a building or structure that is visible to the public;
(B) New construction;
(C) Demolition; or
(D) Relocation.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.496 APPLICATION TO THE COMMISSION.
(A) When seeking a building permit from the city government, the City Code Enforcement Officer 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 the landmark, landmark site, or a property in a historic district. The Code Enforcement Officer shall give the applicant a form from the Commission requesting additional information from the application.
(B) A certificate of appropriateness application form is available at Renaissance/Main Street office. 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.
(C) The applicant shall supply the Commission with the information it requests in order to reach a decision on his or her application for a certificate of appropriateness. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.497 STOP WORK ORDER - INJUNCTION.
(A) In the event work is being performed without the required certificate of appropriateness, the City Code Enforcement Officer shall issue a stop work order. In the event that work is being performed which is not in accordance with such certificate, the City Code Enforcement Officer 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. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Historic Preservation Commissioners shall meet with the owner or tenant to resolve the problem. The city may apply in Circuit Court for an injunction to enforce its stop work order.
(B) In the event work requiring a certificate of appropriateness but not a building permit is being performed without the required certificate of appropriateness, the Code Enforcement Officer shall issue a stop work order and any law enforcement officer may site violators to District Court. All work shall cease on the designated property. 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.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.498 ACTION BY THE HISTORIC PRESERVATION COMMISSION.
(A) The Commission shall hold a public hearing on each certificate of appropriateness within 30 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. The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in these guidelines. The Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved.
(B) Notice of the public hearing shall be given at least 14 days in advance of the hearing by first-class mail, with certification by the Commission secretary or other appointed officer that the notice was mailed to the applicant and to an owner of every parcel of property adjoining the subject property. It shall be the duty of the applicant to furnish the Commission the names and addresses of the owners of all adjoining property. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of the owner. If the property is in condominium or cooperative forms of ownership, the person notified by mail shall be the president or chairman of the owner group which administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.
(C) Notice shall be published in a newspaper of general circulation in the city at least seven and no more than 21 days before the public hearing in accordance with KRS Chapter 424. In addition, notice shall be posted conspicuously on the subject property for 14 consecutive days immediately prior to the public hearing. The Commission may include in its application fee a charge for the cost of giving notice of the public hearing. When an application has been approved, the applicant shall be given a certificate of appropriateness.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.499 CRITERIA IN DECIDING ON APPLICATIONS.
In making a decision on an application, the Commission shall use design guidelines adopted by the City Council. The Commission shall consider: the effect of the proposed work on the landmark or the property in the historic district upon which work is to be done; and the relationship between such work and other structures on the landmark site or other property in the historic district. 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 applicant from complying with the requirements of other state and local laws and regulations.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.500 CONSULTATION 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.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.501 ROUTINE ALTERATIONS - ORDINARY MAINTENANCE.
(A) The Commission shall prepare a list of routine alterations that shall receive immediate approval from the Chairman or Vice-Chairman of the Commission without a public hearing when an applicant complies with the specifications of the design guidelines. The list shall include suggested paint colors appropriate for different types of building such as repairs to doors, windows, awnings, roofs, etc. At each meeting the Commission shall be informed of the certificates of appropriateness that have been issued under this provision.
(B) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness provided this work on a landmark, a landmark site or a property in a local historic district does not change its exterior appearance that is visible to the public. Every person in charge of a landmark or a property in a historic district shall keep in good repair: all of the exterior portions of such buildings or structures; and all interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate or 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. No provision in these Design Guidelines shall be interpreted to require an owner or tenant to undertake an alteration or to restore his or her building to its original appearance. The provisions of these Design Guidelines shall be in addition to the provisions of the Kentucky Building Code requiring buildings and structure to be kept in good repair.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.502 EMERGENCY SITUATION.
(A) An owner shall immediately notify the City Code Enforcement Officer of emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a local 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.
(B) 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 his or her property from further damage provided he or she reports this work to the Commission within two business days.
(C) In any case where the City Code Enforcement Officer 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 the remedying of these conditions without the approval of the Commission. The City Code Enforcement Officer shall promptly notify the Chairperson of the Commission of the action being taken. If consultation is not possible, the city shall notify the Commission of the action taken after the completion of the work.
(D) In the case of unusual circumstances whereby the normal process for obtaining a certificate of appropriateness creates undue hardship for the health, safety and welfare of the applicant, the Commission may at its discretion waive the normal process and give immediate approval for a certificate of appropriateness. The Commission shall site its reasons for such immediate approval.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.503 CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS.
All work performed pursuant to a certificate of appropriateness shall conform to the provisions of such certificate. It shall be the responsibility of the Commissioners or its designee to inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with such certificate, the city shall issue a stop work order. All work shall cease in the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Commission shall meet with the owner or tenant to resolve the problem. The City Attorney may seek in Circuit Court an injunction and any other appropriate relief in order that the intent of these design guidelines shall be carried out.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.504 LENGTH OF VALIDITY OF A CERTIFICATE OF APPROPRIATENESS.
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 the approved work has not been completed within two years after the certificate of appropriateness was issued, the Commission shall review the situation and may require an application for a certificate of appropriateness for the work that remains to be done.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.505 APPEAL OF COMMISSION’S DECISION.
Any party in interest shall have a right to appeal to the City Council any decision of the Commission regarding an application for a certificate of appropriateness. Such appeal must be filed in writing with the City Clerk within 14 days after the final decision of the Commission. The City Council shall hold a public hearing and shall vote on the appeal within 60 days of its receipt. The City Council shall transmit its decision in writing to the applicant, the Commission, and the City Code Enforcement Officer.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.506 DEMOLITION.
When an applicant wishes to demolish a landmark, a building or structure on a landmark site or a building or structure in the local 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. After its public hearing, the Commission may decide that a building or structure in the historic district or on a landmark site in the local historic district may be demolished because it does not contribute to the historic district or to a 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 property in the local historic district can be put to reasonable beneficial use without the approval of the demolition application. 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 building. The Commission may ask applicants for additional information to be used in making these determinations. 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 as outlined in § 158.499 “Criteria in Deciding on Applications”.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)
§ 158.507 MOVING A LANDMARK OR A BUILDING OR STRUCTURE IN A HISTORIC PRESERVATION DISTRICT.
(A) When an applicant wishes to move a landmark, a building or structure on a landmark site, or a building or structure in a local historic district or when an applicant wishes to move a building or structure to a landmark site or a lot containing a landmark or to a property in a local historic district, the Commission shall consider:
(1) The contribution the building or structure makes to its present setting;
(2) Whether there are definite plans for the site to be vacated;
(3) Whether the building or structure can be moved without significant damage to its physical integrity; and
(4) The compatibility of the building or structure to its proposed site and adjacent properties.
(B) These considerations shall be in addition to the points contained under § 158.499, “Criteria in Deciding on Applications”.
(Ord. 2496, passed 7-26-2004; Am. Ord. 2774, passed - -; Am. Ord. 2018-2916, passed 4-9-2018)