Lexington City Zoning Code
ARTICLE IX
Residential Historic Neighborhood Conservation District
§ 420-9.1 Intent.
The purposes and objective of this article are to:
A.
Bring attention to the architectural excellence and historic importance of certain buildings, structures, places and residential areas in the City.
B.
Preserve and improve the unique and distinctive character of certain residential sections.
C.
Enhance the quality of life for residents by preserving the historic resources of the City.
D.
Maintain and improve property values, encourage sound stewardship and be minimally intrusive on property owners.
E.
Assist private organizations within the City in furthering a deeper appreciation of the rich cultural and historic heritage of the community.
§ 420-9.2 Scope.
Any building wholly or partially included within any Residential Historic Neighborhood Conservation District shall fall within the concept of this article. The building regulations of any Residential Historic Neighborhood Conservation District will conform to the existing zoning districts upon which such area is superimposed.
§ 420-9.3 Areas created; boundaries.
In order to execute the purposes and objective of this article, there are hereby created in the City one or more Residential Historic Neighborhood Conservation Districts. The boundaries for such district or districts shall be designated on the City of Lexington Zoning Map.
§ 420-9.4 Approval of major actions by Architectural Board.
The following major actions shall be approved only after a public meeting and favorable action by a majority of the members of the Architectural Board:
A.
Demolishing or moving of a main or accessory building.
B.
Construction of a new main building or a new accessory building.
C.
Installation of a chicken coop and pen, either mobile or fixed and in accordance with § 420-11.1.1E, which will be subject to public view from a public street, public way or public place.
[Added 12-5-2019 by Ord. No. 2019-12]
§ 420-9.5 Certificate of appropriateness required.
No permit shall be issued for any improvement requiring approval by the Architectural Board by § 420-9.4 above unless a certificate of appropriateness is issued for such purpose by the Architectural Board and unless the construction or demolition complies with the requirements of the Building Code and other ordinances and laws applicable and relating thereto.
§ 420-9.6 Application for certificate of appropriateness.
Application for a certificate of appropriateness shall be made to the Zoning Administrator, in writing, by the owner of such building, structure or property. Application for new construction shall be accompanied by plans and specifications, sketches or other documentation of the parts of the building, structure or other improvement which are or will be subject to public view from the contiguous public street or streets in the case of corner lots. Such documentation 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, and materials proposed to be used. In the case of an application for demolition, the application shall be accompanied by plans and specifications, photographs or other appropriate documentation 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 the public street 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.
§ 420-9.7 Action by Architectural Board.
A.
Upon receipt of the application and the plans and specifications required above, the Architectural Board may 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[1] and other ordinances and laws applicable or relating thereto.
B.
The Architectural Board shall be guided in its decisions by the purposes and objectives declared in § 420-9.1 and by the standards and guidelines established in §§ 420-9.8 and 420-9.10 below. The Board shall have the authority to request modification of proposed actions in order to comply with said standards and guidelines.
C.
The Architectural Board shall approve any application which conforms to the purposes and objectives declared in § 420-9.1 and the standards and guidelines established in §§ 420-9.8 and 420-9.10. The Board shall give reasons for its decisions, shall act promptly on applications before it, and shall coordinate its procedures with those of other agencies and individuals charged with the administration of this article. The Board may seek advisory assistance from experts in such fields as the Board's work requires.
§ 420-9.8 Considerational factors.
Before a certificate of appropriateness is issued by the Board for work within these Residential Historic Neighborhood Conservation Districts, and upon conferring with the applicant for the certificate of appropriateness, the Board, in addition to considering the purposes and objectives specified in § 420-9.1, shall consider:
A.
The appropriateness of the exterior architectural features of the building and its relationship to or congruity with the exterior architectural features of other land, places, areas, buildings or structures in the Residential Historic Neighborhood Conservation District and environs.
B.
The general exterior design, arrangement, textures, and materials proposed to be used in the construction of the building when viewed from the public street (or streets in the case of a corner lot) along the lot front of said building and its relationship to the other factors to be considered by the Board under this section. Among other things, the Board is to consider the overall architectural design, form and style, including the height, mass, proportion and scale; architectural details, such as the design and style of decorative or functional fixtures, such as lighting, windows and doors; the design and arrangement of buildings on the site; and the texture and materials of a proposal when assessing architectural compatibility.
C.
Any applicable provisions of the City's design guidelines.
[Added 1-16-2020 by Ord. No. 2020-01]
§ 420-9.9 Factors not to be considered.
A.
The Board shall not consider the interior arrangement of a building or features of a building which are not subject to public view from the contiguous public street or streets.
B.
The Board shall not impose any requirements except for the purpose of preventing developments incongruous with the historic and architectural aspects of the building and its surroundings or the character of the Residential Historic Neighborhood Conservation District.
§ 420-9.10 Considerational factors for demolition, moving or razing.
When reviewing requests for demolition, moving, or razing, the Board shall also consider whether:
A.
The loss of the building will be adverse to the district or to the public interest by virtue of its uniqueness or its architectural or historic significance;
B.
The demolition, moving or razing will have an adverse effect on the character and surrounding environment of the district;
C.
The historic, archaeological, or architectural value of a structure and its contribution to the historic value of the surrounding area;
D.
The building is of such significance that it would qualify on its own merit for designation as a state or local historic building or for listing in the landmarks registry; or
E.
The building is of such old and uncommon design, texture and/or material that it could be reproduced only with great difficulty and/or expense.
F.
Any applicable provisions of the City's design guidelines.
[Added 1-16-2020 by Ord. No. 2020-01]
§ 420-9.11 Appeals.
Appeals of any decision of the Zoning Administrator in granting or refusing to grant a certificate of appropriateness or building permit pursuant to the provisions of this article may be taken in accordance with procedures set forth below. Appeals are limited to owners of the property affected by such decision, residents of adjacent properties, and the Lexington City Council. Appeals of any decision of the Board in granting or refusing to grant a certificate of appropriateness or building permit pursuant to the provisions of this article may be taken in accordance with the procedures set forth below. The City Council may appeal the decision of the Zoning Administrator and the Board. In such instance, the appeal shall be directed to the Circuit Court.
A.
The appeal process shall be as follows:
(1)
Appeals of decisions of the Zoning Administrator and Architectural Board shall be taken to the Lexington City Council within 30 days of the action taken by the Architectural Board. An appeal shall be noted by letter addressed to the City Manager noting the particular action appealed from. Further, any appellant aggrieved by the decision of the Lexington City Council shall have the right to appeal to the Circuit Court within 30 days of the action taken by the Lexington City Council.
(2)
Appeals by the Lexington City Council of any decision of the Architectural Board shall be directly to the Circuit Court.
B.
Razing or demolition.
(1)
In addition to the right of appeal as set forth above, the owner of a building or structure located in a Residential Historic Neighborhood Conservation District set forth in § 420-9.3, 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:
(a)
He or she has applied for such right;
(b)
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
(c)
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.
(2)
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 or her request to the Lexington City Council to approve the razing or demolition of the historic building or structure.
(3)
The time schedule for offers to sell shall be as follows:
(a)
Three months when the offering price is $25,000 or less;
(b)
Four months when the offering price is $25,000 or more but less than $40,000;
(c)
Five months when the offering price is $40,000 or more but less than $55,000;
(d)
Six months when the offering price is $55,000 or more but less than $75,000;
(e)
Seven months when the offering price is $75,000 or more but less than $90,000; and
(f)
Twelve months when the offering price is $90,000 or more.
§ 420-9.12 Investigation of prospective areas.
The Board may investigate and propose 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 § 420-9.1 and report thereon from time to time to the Planning Commission for consideration as to whether such areas shall be set apart for preservation and recognition, through whatever means possible.
§ 420-9.13 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 a Residential Historic Neighborhood Conservation District.