Lexington City Zoning Code
ARTICLE VIII
Historic Downtown Preservation District
§ 420-8.1 Intent.
The purposes and objectives of this article are to:
A.
Bring attention to the architectural excellence and historic importance of certain buildings, structures, places and areas in the City.
B.
Improve the land values, business climate, environmental quality, facilities and services of the City, while keeping the unique and distinctive character of certain sections.
C.
Foster a more favorable climate in the City, especially in the Central Business District, for the development of tourism as a basic and vital industry in the community.
D.
Encourage the development of off-street parking in the Central Business District for the convenience of shoppers, City and county employees and tourists.
E.
To assist private organizations within the City in furthering a deeper appreciation of the rich cultural heritage of the community.
F.
To promote a broad program, within the scope of this article, for preserving, rehabilitating and maintaining architecturally fine structures, monuments, walkways, places and areas within the entire City.
§ 420-8.2 Scope.
Any building wholly or partially included within the Historic Downtown Preservation District shall fall within the concept of this article. The building regulations of the Historic Downtown Preservation District will conform to the existing zoning districts that the Historic Downtown Preservation District is superimposed upon, except that anything in this chapter to the contrary notwithstanding, any existing structure located in the Historic Downtown Preservation District and listed as an historic structure, as per § 420-8.8, may be used as a single-family or multifamily dwelling unit.
§ 420-8.3 Area created; boundaries.
In order to execute the purposes and objectives of this article, there is hereby created in the City an Historic Downtown Preservation District. The boundaries of the Historic Downtown Preservation District shall fall within the classification of the C-1 zone.
§ 420-8.4 Investigation of prospective areas.
It shall be a function of the Board to investigate and delineate buildings, structures, places and areas in the City having historic interest or value which should be preserved and protected in the execution and attainment of the purposes and objectives declared in § 420-8.1 and to report thereon from time to time to the Council for consideration as to whether such areas should be set apart for preservation and recognition, through whatever means possible.
§ 420-8.5 Permit.
A.
Certificate of appropriateness required. No improvement, structural or otherwise, in the Historic Downtown Preservation District shall be located, constructed, reconstructed, altered, repaired or demolished unless a permit therefor is issued by the Zoning Administrator. No such permit shall be issued unless a certificate of appropriateness is issued for such purpose by the Architectural Board and unless the location, construction, reconstruction, alteration, repair or demolition thereof otherwise complies with the requirements of the Building Code[1] and other ordinances and laws applicable and relating thereto.
B.
Application. Application for a certificate of appropriateness to locate, construct, reconstruct, alter, repair or demolish a building, structure or any other improvement in the Historic Downtown Preservation District shall be made to the Zoning Administrator, in writing, by the owner of such building, structure or property. The application for such certificate of appropriateness shall be accompanied by plans and specifications of the parts of the building, structure or other improvement which are or will be subject to public view from a public street, public way or public place. Such plans and specifications shall show the proposed exterior architectural features of such building, structure or improvement and shall include, but not necessarily be limited to, the general design, arrangement, textures, materials, planting and color proposed to be used in the location, construction, reconstruction, alteration or repair of the building, structure or improvement and the types of windows, exterior doors, lights, landscaping, parking, signs and other exterior fixtures and appurtenances which will be subject to public view from a public way or other public place. In the case of an application for demolition, the application shall be accompanied by plans and specifications of the remaining and/or adjacent structure(s) and, if none, then the lot or remaining improvements on the site. Such plan shall address the view from a public way or public place of such lot or remaining structure(s). Upon the filing of such application, the Zoning Administrator shall transmit it, with such plans and specifications, to the Board.
§ 420-8.6 Certificate of appropriateness.
A.
Action by Architectural Review Board.
(1)
Upon receipt of the application and the plans and specifications required by § 420-8.5B, the Architectural Review Board shall confer with the applicant for the certificate of appropriateness and shall approve or disapprove such plans and specifications and, if such plans are approved, shall issue a certificate of appropriateness therefor, with or without conditions, or with such modifications of the plans and specifications as the Board deems necessary to execute the purposes and objectives of and to require compliance with the regulations and restrictions set out in this article. Otherwise, the Board shall reject such plans and specifications and shall not issue the certificate of appropriateness. The failure of the Board to approve or disapprove such plans and specifications, with or without conditions or modifications, within 60 days from the date of application for the certificate of appropriateness shall be deemed to constitute approval of the plans and specifications as submitted and the Zoning Administrator shall issue the permit, provided that the work to be done under the permit complies with the requirements of the Building Code and other ordinances and laws applicable or relating thereto.
(2)
Razing or demolition.
(a)
In addition to the right of appeal as set forth in § 420-8.11, the owner of a building or structure located in the Historic Downtown Preservation District set forth in § 420-8.3, the razing or demolition of which is subject to the provisions of this article, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure provided that:
[1]
He has applied for such right;
[2]
The owner has, for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell such building or structure, and the land pertaining thereto, to the City or to any person, firm, corporation, government or agency thereof, or political subdivision thereof, which gives reasonable assurance that it is willing to preserve and restore the building or structure and the land pertaining thereto; and
[3]
No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such building or structure and the land pertaining thereto prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained.
(b)
Any appeal which may be taken to the Circuit Court from the decision of the Lexington City Council, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the Lexington City Council, but thereafter the owner may renew his request to the Lexington City Council to approve the razing or demolition of the historic building or structure.
(c)
The time schedule for offers to sell shall be as follows:
[1]
Three months when the offering price is $25,000 or less;
[2]
Four months when the offering price is $25,000 or more but less than $40,000;
[3]
Five months when the offering price is $40,000 or more but less than $55,000;
[4]
Six months when the offering price is $55,000 or more but less than $75,000;
[5]
Seven months when the offering price is $75,000 or more but less than $90,000; and
[6]
Twelve months when the offering price is $90,000 or more.
B.
Considerational factors. Before a certificate of appropriateness is issued by the Board, and upon conferring with the applicant for the certificate of appropriateness, the Board, in addition to other pertinent factors which may be involved in the execution of the purposes and objectives declared in § 420-8.1, shall consider:
(1)
The historical or architectural value and significance of the building or structure and its relationship to or congruity with the historic value of the land, place or area in the Historic Downtown Preservation District upon which it is proposed to be located, constructed, reconstructed, altered or repaired.
(2)
The appropriateness of the exterior architectural features of such building or structure to such land, place or area and its relationship to or congruity with the exterior architectural features of other land, places, areas, buildings or structures in the Historic Downtown Preservation District and environs.
(3)
The general exterior design, arrangement, textures, materials, planting and color proposed to be used in the location, construction, alteration or repair of the building, structure or improvement and the types of windows, exterior doors, lights, landscaping and parking viewed from a public street, public way or other public place and their relationship to or congruity with the other factors to be considered by the Board under this section.
(4)
Any applicable provisions of the City's design guidelines.
[Added 1-16-2020 by Ord. No. 2020-01]
C.
Factors not necessarily considered. The Board shall not necessarily consider detailed designs, interior arrangement or features of a building or structure which are not subject to public view from a public street, public way or other public place and shall not impose any requirements except for the purpose of preventing developments incongruous with the historic aspects of the surroundings and the Historic Downtown Preservation District.
§ 420-8.7 Maintenance and repair.
Nothing in this article shall be construed to prevent ordinary maintenance or repair of any exterior architectural feature now or hereafter located in an Historic Downtown Preservation District.
§ 420-8.8 Inventory of buildings.
The Board, in order to further execute the purposes and objectives declared in § 420-8.1, may make an inventory or list of all existing buildings in the City which it deems to be of historic interest because of their architecture, persons who have resided there or events which have occurred therein or for other historic reasons. Such inventory or list shall give a brief description of each building, the date of its construction, as nearly as can be ascertained, the reasons for including it in such inventory or list, and the names and addresses of its present owners, as shown on the current land books of the City. In this inventory, the Board may ask the assistance and cooperation of the local historical organizations, as the Board sees fit.
§ 420-8.9 Building markers.
The Board shall encourage one or all of the local historical organizations to design an appropriate marker for the proposed Historic Downtown Preservation District and place such recommendations before the Board for adoption and shall invite each owner of an historic building described in the inventory to display the marker thereon. If such owner agrees to display the marker, he shall signify such agreement by executing an instrument approved by the City Attorney, a copy of which shall be filed in the office of the Building Official. The Building Official shall thereupon cause to be erected and thereafter shall maintain such marker on or adjacent to such building, on which shall be inscribed the name of the building or its builder and the original owner or the date of construction of the building. The cost of marking, inscribing, installing and maintaining such marker shall be paid through public funds raised for this purpose.
§ 420-8.10 Signs.
The Board shall prescribe the character, type, color and materials used in the erection, posting, display or maintenance of signs permitted in the Historic Downtown Preservation District, and, in so doing, the Board shall give due consideration to the purposes of such signs and require that they be in harmony with the exterior general design, arrangement, textures, materials, color and use of the building or structure on or at which they are erected, posted, displayed or maintained and congruous with the purposes and objectives declared in § 420-8.1, without defeating the purpose for which such signs are intended.
§ 420-8.11 Appeals.
Appeals may be taken from any action or decision of the Zoning Administrator and Board in granting or refusing to grant a certificate of appropriateness pursuant to the provisions of this article. Appeals shall be taken to Lexington City Council within 30 days of the action taken by the Architectural Review Board. An appeal shall be noted by letter addressed to the City Manager noting the particular action appealed from. Further, any owner or any party aggrieved by the decision of the Lexington City Council shall have the right to appeal to the Circuit Court of the City of Lexington within 30 days of the action taken by the Lexington City Council.