Lexington City Zoning Code
ARTICLE 27
COURTHOUSE AREA DESIGN OVERLAY ZONE
Sec. 27-1. - Intent.
The intent of the Courthouse Area Design Zone is to encourage growth and redevelopment in the Downtown Area while preserving and protecting the unique features and characteristics of the area in conformity with the Comprehensive Plan and the design guidelines for the Courthouse Area adopted by the Lexington-Fayette Urban County Council.
(Code 1983, § 27-1; Ord. No. 326-2000 , § 1, 11-9-2000)
Sec. 27-2. - Application of regulations.
The classifications and regulations hereunder shall be established in addition to the zone classifications and regulations as shown on the Zoning Map Atlas for the subject areas. Except as provided hereinbelow, the use, dimensions and other requirements for said zones, as provided in the Zoning Ordinance shall apply. Where there are conflicts between the procedures and regulations within the Zoning Ordinance, the more restrictive shall apply.
(Code 1983, § 27-2; Ord. No. 326-2000 , § 1, 11-9-2000)
Sec. 27-3. - Definitions.
As used in this Article, the following terms shall mean:
(a) Authorization Permit means a document which certifies the findings of the Board or the Design Review Officer that the work proposed by the applicant is appropriate the authorization shall also delineate any conditions imposed by the Board or Officer in approving the request. In order to grant an authorization, the Board or Officer shall consider all circumstances related to the proposal, and may grant the authorization if it finds that the proposed changes are consistent with the adopted Courthouse Area Design Guidelines.
(b) Board means the Courthouse Area Design Review Board of the Lexington-Fayette Urban County Government.
(c) Demolition means any act that destroys in whole or in part a building or structure or which results in the moving of any building or structure.
(d) Design Review Officer means the employee of the Lexington-Fayette Urban County Government assigned by the Chief Administrative Officer to carry out the duties and functions of the officer as defined herein. This individual shall demonstrated expertise and/or a professional degree in architecture, design, or a similar field so as to be qualified to carry out such duties. The term "officer," when used in this Article, refers to the Design Review Officer.
(e) Exterior Change means rehabilitation or replacement which is not ordinary maintenance and repair. New construction of any building element, addition, building or structure is an exterior change. Demolition of any building element, addition, building or structure is an exterior change.
(1) Exterior change includes, but is not limited to:
(a) Major Rehabilitation, Replacement and Installation of Building Elements.
(1) Rehabilitating large amounts of existing building elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color;
(2) Rehabilitating/replacing existing building elements when changes are made in materials, style or configuration;
(3) Installing new building elements;
(4) Replacing missing building elements and/or materials;
(5) Painting a structure or material not previously painted;
(6) Removing paint from a material previously painted.
(b) Major Rehabilitation, Replacement and Installation of Site Elements.
(1) Rehabilitating large amounts of existing site elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color;
(2) Rehabilitating or replacing existing site elements when changes are made in materials, style or configuration;
(3) Installing new site elements;
(4) Replacing missing site elements or materials;
(5) Painting a site element not previously painted;
(6) Removing paint from a site element which has been painted;
(7) Removing trees with trunks more than ten (10) inches in diameter;
(8) Major landscaping projects, including installation, relocation or redesign of new or existing site elements;
(9) Disturbing fields, archaeological and other land features by demolition or new construction on sites.
(f) Ordinary Maintenance and Repair means the correction of minor deterioration to site and building elements and structures when changes are made with the same materials with the same size, shape, configuration, style, texture and material color.
(1) Ordinary maintenance and repair includes the following activities:
(a) Routine Maintenance and Repair of Building Elements.
(1) Repairing small amounts of existing building materials and elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color;
(2) Painting a structure or material that is already painted;
(3) Caulking and weather-stripping windows and doors.
(b) Routine Maintenance, Repair and Installation of Site Elements.
(1) Repairing site elements when repairs are made with materials of the same size, shape, style, configuration, texture and material color;
(2) Pruning trees and shrubbery and removal of trees less than ten (10) inches in diameter;
(3) Planting vegetable and flower gardens, except as part of a major landscaping plan;
(4) Planting shrubs and trees, except as part of a major landscaping plan;
(5) Installing temporary signs (real estate, political, etc.);
(6) Installing building numbers and mailboxes.
(Code 1983, § 27-3; Ord. No. 326-2000 , § 1, 11-9-2000; Ord. No. 60-2009 , § 27, 5-7-2009)
Sec. 27-4. - Court House Area Design Review Board.
(a) Establishment. The Court House Area Design Review Board is established to review and decide applications in compliance with the provisions of this Article.
(b) Membership. The Court House Area Design Review Board shall consist of five (5) voting members including the chairman. All members must be residents of Fayette County. At least two (2) of the five (5) members shall be design or preservation-related professionals. These include the professions of architecture, history, archaeology, architectural history, historic preservation, urban design or related disciplines such as urban planning or landscape architecture; one (1) member shall be an employee of the Lexington-Fayette Urban County Government who is not the Design Review Officer; one (1) member shall be a representative of the banking or financial community; and one (1) member shall be a property or business owner within the Court House Area Overlay Zoning District. When the Court House Area Design Review Board reviews an issue, and that field is not represented on the Court House Area Design Review Board, the Court House Area Design Review Board shall seek expert advice before rendering its decision.
(c) Ethics. The Court House Area Design Review Board shall prepare and keep on file, available for public inspection, the members' qualifications. Article 16, the Code of Ethics of the Lexington-Fayette Urban County Government Charter, shall apply to members of the Court House Area Design Review Board.
(d) Officers. The Court House Area Design Review Board shall annually elect one (1) of its members to be Chairman and one (1) of its members to be Vice-Chairman. The Secretary of the Court House Area Design Review Board shall be the Design Review Officer, who shall also serve as a non-voting member of the Court House Area Design Review Board.
(e) Length of Term. The terms of Court House Area Design Review Board members shall be as follows:
(1) Members shall serve a term of four (4) years except that the membership of those representing particular organizations or offices shall be deemed to have terminated upon their leaving their respective memberships or positions.
(2) Terms shall be staggered in such manner to allow the appointment or re-appointment of at least one-half (½) of the membership every two (2) years.
(3) Term of membership shall extend from July 1 of one (1) year through and until June 30 of the designated year.
(4) Vacancies, when they occur during a term of office, shall be filled for the unexpired term in the manner prescribed for original appointment.
(5) Members may serve consecutive terms but must go through the reappointment process to do so the maximum length of membership shall be two (2) terms or eight (8) years, whichever is longer.
(6) Any member may be removed from office by a majority of the Council of the Lexington-Fayette Urban County Government.
(f) Compensation. The members shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to sufficient funds being appropriated by the Lexington-Fayette Urban County Council for this purpose.
(g) By-Laws. The Court House Area Design Review Board shall adopt by-laws for the transaction of its business and the transactions of the business of all of its subcommittees. Regular meetings shall be held and special meetings may be held as specified in the by-laws. Minutes of all meetings and records of all proceedings, including the number of votes for and against each question and the record of the vote of each member, shall be kept and made available for public inspection. The Court House Area Design Review Board shall prepare a written annual report which shall be kept and made available for public inspection. A simple majority of the total membership of the Court House Area Design Review Board shall constitute a quorum for the transaction of business. The Chairman votes only in the case of a tie. Each member shall be required to attend meetings regularly as defined in the by-laws. Failure to do so may result in removal from the Court House Area Design Review Board. The Court House Area Design Review Board shall have the power to establish subcommittees as it deems necessary, from both within and without its membership, and to receive assistance in its work from outside individuals, groups and organizations. The Court House Area Design Review Board may give special recognition to outside individuals, groups and organizations.
(h) Jurisdiction. The jurisdiction of the Court House Area Design Review Board shall include all necessary and implied powers as shall be described herein with respect to the regulation of the Court House Area Overlay Zone.
(i) Powers and Duties. In addition to such other powers, duties and authorities as are set forth in this Article, the Court House Area Design Review Board shall in order to accomplish the purpose of this Article perform duties that include, but are not limited to, the following:
(1) Present to the Lexington-Fayette Urban County Council and the Planning Commission annually a report containing:
(i) A statement of goals and objectives for the county for the next ensuing five-year period;
(ii) Any financial records pertaining to the Court House Area Design Review Board's operation.
(2) Cooperate with and advise the Lexington-Fayette Urban County Council and other government agencies, departments, commissions and offices with regard to such matters as may be appropriate with respect to the Court House Area.
(3) Form subcommittees as necessary.
(4) Establish criteria for which applications may be acted upon by the Design review Officer, and which cases require both a preliminary and final review by the Board
(5) Review and decide applications for Authorization Permits as provided hereinbelow.
(6) Periodically review the adopted design guidelines and make recommendations to the Urban County Council for changes to design guidelines.
(Code 1983, § 27-4; Ord. No. 326-2000 , § 1, 11-9-2000)
Sec. 27-5. - Designation of the Courthouse Area Design Zone (CA).
To further the goals and purposes of this Article and the preservation, protection, perpetuation and use of the Court House Area, the Urban County Council shall have the authority to designate properties protected by a zoning overlay district to be known as the CA zone. The procedures to establish such zoning shall comply with all applicable state statues and requirements contained in this Zoning Ordinance for the creation of a zoning district as a Zoning Map Amendment.
(Code 1983, § 27-5; Ord. No. 326-2000 , § 1, 11-9-2000)
Sec. 27-6. - Authorization Permits.
An Authorization Permit shall be required before a person may undertake any exterior changes on a property or structure within a zone protected by a CA overlay. Ordinary maintenance and repair as defined under Section 27-3(f) may be undertaken without an Authorization Permit, provided that the work involves repairs to existing features of a building or the replacement of elements of a building with identical pieces and provided that the work does not change the exterior appearance of the building.
(a) Where Required. An Authorization Permit shall be required prior to the initiation of any new construction on, any exterior change to, or the demolition of all, or any part of, any building, structure or sign on any premises in a zone protected by an CA overlay.
In no case shall an Authorization Permit be required to change the paint color of a previously painted surface.
(b) Procedures for the Officer or Board as May Issue Issuance of an Authorization Permit for Exterior Changes and New Construction. Authorization Permits specified hereinbelow.
(1) Authorization Permits Issued by the Board. All applications for Authorization Permits shall be reviewed by the Board at a public hearing, except those applications for work which have been specifically delegated to the Design Review Officer under Subsection (b)(2) of this section. In addition, the Board shall review all applications for authorizations referred by the Design Review Officer or those requested for public hearing by the applicant.
(a) Pre-Filing Conference. Prior to formal filing, the applicant shall meet with the Design Review Officer to discuss preliminary design concepts, applicable procedures and similar matters. The Officer shall determine whether the matter can be approved by the Officer as specified under Subsection (b)(2) of this section. If the Officer determines that full Board approval is necessary, the Officer shall further determine if preliminary Board review is required, or if the applicant may proceed directly to final action by the Board.
(b) Preliminary Board Review. Where determined to be necessary by the Officer, the Board shall first consider the application at a preliminary review meeting. This meeting shall not be considered a hearing, and notice shall not be required. The extent of the review shall be concept plans on building mass and scale. The Board will provide comments to the applicant for the applicant to consider for final Board review.
(c) Final Board Review. Final Board review shall be considered a public hearing as specified under Subsection (b)(1)(f) of this section and will be subject to the notice requirements of Subsection (b)(1)(e) of this section. Authorization permits may only be issued by the Board after action at a hearing.
(d) Filing Materials. The Board, where it deems necessary in order to review a particular application, may require the submission of any or all of the following items: architectural plans, plot plans, landscaping plans, plans for off-street parking, elevations of all portions of proposed additions to structures, photographs, elevations, or perspective drawings showing the proposed structure and existing structures that are within one hundred (100) feet or are substantially related to it visually or by reason of function, traffic generation or other characteristics.
Should the Board find that the material submitted is not adequate for the proper review of the proposal, the Board shall promptly notify the applicant and state the specific information that will be required. In such cases, the applicant shall not be deemed to have made a bona fide application to the Board until the specific information is submitted.
(e) Notice. Notice of the time, place and reason for holding a public hearing shall be given by first class letter at least fourteen (14) days in advance of the public hearing to owners of all properties located within two hundred (200) feet of the subject property. It shall be the obligation of the Design Review Officer to prepare, certify and mail all notice as required herein.
Further, the Board shall give notice of the time, place and reason for holding a public hearing by publication in the newspaper of highest circulation in Fayette County, Kentucky, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing.
(f) Board Public Hearing. After notice, the Board shall consider the request for an Authorization Permit at a public hearing. At the hearing, the Board shall receive the report of the Officer, orally and/or in writing, and shall allow the applicant, protestors and other interested citizens to testify and rebut evidence presented by others provided the Chairman shall have the power to limit repetitive testimony and exclude irrelevant testimony and evidence.
In its review of material submitted, the Board shall examine the architectural design and the exterior surface treatment of the proposed construction on the site in question and its relationship to other structures within the area, the relationship of the proposed construction to the design of the building, and other pertinent factors affecting the appearance and efficient functioning of the structure.
The Board shall not consider any interior arrangement. The Board shall make no requirements except for the purpose of preventing development incongruous in scale, design or materials to the district.
In reviewing proposals, the Board shall utilize the design guidelines and criteria adopted by the Court House Area Design Review Board. These guidelines shall form the basis of any action by the Board.
The Board shall vote to approve all or part of the application or disapprove all or part of the application within sixty (60) days after the completed application is filed. The Board shall be required to make findings to support any action of approval disapproval, indicating the specific provisions of the adopted guidelines that support the action.
(g) Authorization Permit Issuance. The Design Review Officer shall promptly issue the Authorization Permit in accordance with the action of the Board. Copies of the authorization and the application materials shall be forwarded to the Divisions of Planning and Building Inspection and/or the Division of Code Enforcement, as appropriate.
(2) Authorizations Issued by the Design Review Officer. An authorization issued by the Design Review Officer is intended to expedite approval of routine applications for exterior changes without full hearing and action by the Board.
The Board may review and delegate items to the responsibility of the Design Review Officer for review and issuance of Authorization Permits. The delegation of these items shall be reviewed by the Board at a public hearing and recorded in the minutes of the Board.
(a) Procedures for Issuance of an Authorization by the Design Review Officer.
(1) Filing. The applicant shall file sufficient information as to accurately depict the location, design and scope of the work to be done. The Officer shall review the information and promptly notify the applicant if the material is not adequate for review and advise the applicant what specific information will be required.
(2) Review. The Officer shall review the application for compliance with the adopted guidelines and consult with other Divisions as appropriate to ensure proper review. Upon determination that all requirements of the guidelines have been met and that the application complies with the requirements of the Board, the Design Review Officer shall approve the application and issue the Authorization Permit. If any question arises as to compliance or if the Design Review Officer or applicant feels that the application raises issues deserving review by the full Board, the request shall be referred to the Board for action.
(3) Authorization Permit Issuance. Upon approval by the Design Review Officer, the Officer shall issue the Authorization Permit and notify the applicant. In addition, the Officer shall forward a copy of the authorization and application materials to the Division of Building Inspection.
(c) Authorization Permits for Demolition. Division of Building Inspection shall issue no permit which would result in the demolition of all or any part of a structure within a zone protected by a CA overlay unless and until an Authorization Permit has been approved by the Board.
(1) Procedures. The procedure for review of an Authorization Permit for demolition shall be as set forth in Subsection (b)(1) of this section, above. The Board shall hear evidence concerning the application at its public hearing and may approve an authorization only if one (1) of the following conditions is determined to exist:
(a) The application is for demolition of an addition, for a portion of a building or for an accessory structure which is not significant to the principal structure, site, or district and the approval of the application would not adversely affect those parts of a building or district which are significant.
(b) The application is for the demolition or moving of a building, or portion of a building, which does not contribute to the character of, and will not adversely affect the character of the property in a zone protected by a CA overlay.
(c) No reasonable economic return can be realized from the property and the denial of the application would result in the taking of the property without just compensation.
If the owner wishes to make a claim that the denial of the permit would amount to a taking of the property without just compensation, the owner shall submit to the Board, not less than twenty (20) days prior to the public hearing, the following information:
(1) For all property:
(a) The amount paid for the property, the date of purchase and the party from whom purchased including a description of the relationship, if any, between the owner and the person from whom the property was purchased.
(b) The assessed value of the land and improvements thereon according to the two (2) most recent assessments recorded in the office of the Property Valuation Administrator.
(c) The two (2) most recent real estate tax bills.
(d) Annual debt service for the previous two (2) years recorded by the lending agency.
(e) All appraisals obtained within the previous two (2) years by the owner in connection with his purchases, financing or ownership of the property.
(f) Listings of the property for sale or rent, price asked and offers received, if any.
(g) Any consideration by the owner as to profitable adaptive uses for the property.
(2) For income-producing property:
(a) Annual gross income from the property for the previous two (2) years.
(b) Itemized operating and maintenance expenses for the previous two (2) years.
(c) Annual cash flow for the previous two (2) years.
(3) The Board may require that the property owner furnish such additional information as the Board believes is relevant to its determination of taking without just compensation and may provide in appropriate instances that such additional information be furnished under seal. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the information that cannot be obtained, and shall describe the reasons why such information cannot be obtained.
Should the Board find that the material submitted is not adequate for the proper review of the proposal, the Board shall promptly notify the applicant and state specifically the information that the Board requires.
(2) Notwithstanding any other provision of this Article, the Board, after hearing evidence at its public hearing, may vote to postpone action to approve or deny an appeal for a reasonable period of time not to exceed one (1) year from the filing date of application in order to conduct studies, surveys and/or gather information concerning the following:
(a) Alternatives which may be or may become available including restoration, rehabilitation, adaptive reuse, or other alternatives to demolition; and
(b) Study the question of economic hardship for the applicant including whether the structure can be put to reasonable beneficial use without the approval of the demolition; and whether the applicant can obtain a reasonable return from his/her existing building. If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition application, giving the facts and reasons for its decision.
(d) Effect of Authorization Permit. Upon receipt of the Authorization Permit from the Design Review Officer, a seven-day waiting period shall begin in which no demolition activity may be undertaken by the applicant or its agents, and no demolition permits may be issued. Upon completion of the waiting period, the Division of Building Inspection shall issue a demolition or wrecking permit, as appropriate, in accord with the Authorization Permit, provided the application meets all other requirements of law. In the instance an applicant is required to obtain a building permit, no mandatory waiting period shall apply, and the Division of Building Inspection shall issue a building permit upon receipt of the Authorization Permit from the Design Review Officer, provided the application meets all other requirements of law.
(e) Failure of Board to Act. Upon failure of the Board to take final action upon any application within sixty (60) days after the completed application has been filed, and unless a mutual written agreement between the Board and the applicant has been made for an extension of time, the application shall be deemed to be approved and an Authorization Permit shall be issued to the applicant, and a copy of said authorization transmitted to the Divisions of Planning and Building Inspection or the Division of Code Enforcement, as appropriate.
(Code 1983, § 27-6; Ord. No. 326-2000 , § 1, 11-9-2000; Ord. No. 60-2009 , § 28, 5-7-2009; Ord. No. 155-2009 , § 1, 7-7-2009; Ord. No. 122-2011 , §§ 36, 37, 9-29-2011)
Sec. 27-7. - Appeals.
Any person or entity claiming to be injured or aggrieved by any decision of the Board to approve or deny any request for an Authorization Permit may appeal such decision to the Planning Commission within thirty (30) days of the Board's action. Such appeal shall be in writing and shall fully state the grounds upon which the appeal is sought. Upon receipt of the appeal, the Secretary to the Planning Commission shall notify, in writing, the Division of Planning, Building Inspection and Engineering, as well as the Design Review Officer, who shall promptly transmit the entire record of the Board, including tapes and transcripts, if any. In addition, within five (5) days of the filing of the appeal, the Secretary to the Planning Commission shall, by certified mail, notify the applicant of the appeal, if the applicant is not the appellant. Regardless of whether any permit has been issued pursuant to Section 27-6(d), no building or demolition activity may be undertaken or continued by the applicant or its agents; and no building, demolition or other permits may be issued by the Divisions of Building Inspection and Engineering until after the Commission holds a public hearing and takes action on the appeal. The Commission shall then hold a de novo hearing on the appeal and render a decision within ninety (90) days of the date of filing the appeal.
(a) Procedure for the De Novo Public Hearing.
(1) Notice. All parties to the appeal, including the Board, shall be notified of the time, place and reason for the public hearing by first class letter at least fourteen (14) days in advance. In addition, notice of the appeal shall be given by one (1) publication in the newspaper of highest circulation in Fayette County, Kentucky, not earlier than twenty-one (21) days nor later than seven (7) days before the public hearing.
(2) Action by the Planning Commission. After notice as required above, the Commission shall conduct a public hearing and vote to approve or deny the appeal. At the hearing, the Planning Commission shall allow its staff, Design Review Officer, the Board members, the appellant, protestors, and other interested citizens to testify and rebut the evidence presented provided that the Chairman shall have the power to limit repetitive testimony and exclude irrelevant testimony and evidence. In its deliberations, the Planning Commission shall give due consideration to the decision of the Board and the finding and conclusions reflected in the Board's record and shall apply the adopted design guidelines.
(b) Appeal to the Fayette Circuit Court. Any person or entity claiming to be injured or aggrieved by any order of the Planning Commission to affirm, modify or set aside the Authorization Permit and/or final decision of the Board may appeal from the Planning Commission's action to the Fayette Circuit Court within thirty (30) days of that order in the manner as established in KRS 100.347.
All orders of the Planning Commission which have not been appealed within thirty (30) days shall become final.
(c) Consideration by the Board of Previously Denied Appeals. In the event the appeal of an applicant is denied by the Planning Commission, the building or any portion thereof which was the subject of the applicant's application, shall not be included in a subsequent application to the Board for an Authorization Permit and/or final decision until the expiration of one (1) year from the date of the order of the Planning Commission.
However, before the expiration of one (1) year, the Board may allow the filing of an application for an Authorization Permit and/or final decision if the Board finds that there are new facts or conditions not considered previously, or that there has been a change in the adopted guidelines which has substantially altered the character of the request. In such cases, after the evidence is presented by the applicant, the Board shall vote to approve or deny such a request for a new hearing. The Board's reconsideration of the application shall take into consideration the new evidence presented. The Board's decision need not be restricted to the new evidence. If the new evidence is withdrawn at any time during the reconsideration by the applicant, the Board shall have no authority to reconsider the application.
(Code 1983, § 27-7; Ord. No. 326-2000 , § 1, 11-9-2000; Ord. No. 155-2009 , §§ 2, 3, 7-7-2009; Ord. No. 122-2011 , § 38, 9-29-2011)
Sec. 27-8. - Compliance with other codes, statutes and regulations.
In order to prevent purposeful neglect of structures within zones protected by CA overlays, all properties shall comply with the Property Maintenance Code, as well as all other applicable codes, statutes, and regulations. To accomplish this, the Design Review Officer shall annually consult with appropriate enforcement officials and compile and forward to the Board a list of those properties in zones with CA overlays which have been found to be in violation of the International Property Maintenance Code, 1998 Edition.
(Code 1983, § 27-8; Ord. No. 326-2000 , § 1, 11-9-2000; Ord. No. 120-2011 , § 1, 9-29-2011)