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Ludlow City Zoning Code

ARTICLE XX

URBAN DESIGN REVIEW BOARD

SECTION 20.0 URBAN DESIGN REVIEW BOARD ESTABLISHED

  • PURPOSE
    1. The Board and the procedures for which it is responsible for implementing are intended to protect, develop and promote the educational, cultural, travel, industrial, commercial, and other economic development and growth opportunities associated with the City’s neighborhoods, areas, squares, streetscapes, sites, places, structures having a special or distinctive character or a special historic, aesthetic architectural, archaeological, special, or cultural significance to the City. It is the unique character of the City's residential neighborhoods and commercial districts that imparts distinctiveness to the City and which serve as visible reminders of the history and cultural heritage of the City, the State, and the Nation. The protection of these resources is in the interest of the economic well-being, prosperity, health, safety and general welfare of the people.
    2. The Board is established for the purpose of creating and maintaining an Inventory of Historic Properties and Sites, assisting with the Section 106 review process of the National Historic Preservation Act for undertakings occurring in the City, reviewing City-funded activities when the activity may affect historical properties identified in the Inventory and Preservation Plan, marketing any historic properties that the City may surplus in the future, stabilizing and improving property values in the City and encouraging new buildings and developments that will be harmonious with the existing historic buildings and districts but will not necessarily be of the same architectural style. Regulations in such areas are intended to protect against destruction of or encroachment upon such areas, structures, or sites, to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archeological heritage of the city; to prevent creation of environmental influences and adverse conditions to such purposes; and to assure that new structures and uses in such areas will be in keeping with the character to be preserved and enhanced. The purpose is to develop the City not as a museum but as a vital living area in which each succeeding generation may build with the quality and sensitivity of past generations.
  • ESTABLISHMENT AND MAKE-UP
    1. The Board shall consist of five members, with the City Administrative Officer or his/her designee having a by-right position in the group to represent the City and provide staffing support. The five members of the board will be recommended by Mayor and approved by Council. The following criteria will be met to satisfy the minimum requirements for the board. More than one criteria may be fulfilled by the same appointed member.
    2. The membership shall meet the following criteria:
      1. One member shall represent the Ludlow Historic Society, Inc.
      2. One member shall represent the Ludlow Heritage Museum, Inc.
      3. Two members that have training, education or experience in preservation-related fields, that include architecture, landscape architecture, history, archaeology, architectural history, planning/zoning, building materials, real estate appraisal, economic/community development, or related fields. One of these two may not be a resident, so long as they have working knowledge of the community and their expertise are not found amongst the citizenry willing to serve.
      4. Two members will be representing the community at large. A Ludlow business owner, that is not a resident, may be appointed as one of the Members At-Large.
    3. Members should be Ludlow residents, unless otherwise noted above, or in special circumstances.
    4. The Board shall keep accurate attendance figures and report annually on the attendance of members. In the event that any member of the Board is absent for more than one-fourth of the regularly scheduled meetings per calendar year, the Mayor has the right to reconsider such Board member’s appointment and to recommend to Council a replacement for such Board member for the reason of excessive absenteeism. Such replacement must be in accordance with the general appointive guidelines of this section.
    5. Each Board member shall attend at least one informational or educational meeting biennially that has been approved by the State Historic Preservation Office (hereinafter “SHPO”) or attend training that would aid in the performance of their duties and responsibilities. Training not previously approved by the SHPO shall be submitted to the City to be approved by the Mayor.
  • TERMS OF OFFICE
    1. The members of the Board shall serve a term of four years and shall serve without pay but may be reimbursed by the City for necessary expenses incurred in connection with their duties subject to prior approval by the Mayor.
    2. Vacancies on the Board shall be filed within 60 days, with the replacement completing the term of the previous member.
    3. Three members of the Board will begin with four-year terms and two members of the Board will begin with a two-year term before beginning full four-year terms.
  • ORGANIZATION
    1. The Board shall elect from its membership a Chairperson, a Vice Chairperson, and a Secretary who shall serve for terms of one year and who shall be eligible for reelection. The Chairperson shall preside over the Board meetings and shall have the right to vote. In the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson.
    2. The Board shall adopt and make public a set of bylaws for the transaction of its business which shall provide for the time and place of regular meetings and for the calling of special meetings. Special meetings shall only be called by the Chairperson or by at least two members of the Board.
    3. Meetings of the Board shall be conducted as follows:
      1. A simple majority of the membership of the Board shall constitute a quorum.
      2. Regular meetings of the Board shall be held on the third Thursday of each month at 7:00 p.m. in the Meeting Room of the Ludlow Municipal Building. All meetings of the Board shall be open to the public and a public record must be kept of the Board’s resolutions, proceedings and actions. All meeting shall have a previously available agenda and shall comply with the Kentucky Open Meetings Statute, KRS 61.805 to 61.850.
      3. Notice of special meetings of the Board shall be made as follows:
        1. Published pursuant to Kentucky Revised Statutes, Chapter 424, not less than seven nor more than twenty-one days prior to regular meetings or received no less than twenty-four hours prior to special meetings; and
        2. At least fifteen days prior written notice given by first class mail to the owners of property and owners of property immediately adjacent to property affected by matters under consideration by the Board.
    4. The recommendations of the Board shall be considered “approved” upon a majority vote of the Board members present and voting, if a quorum is present. These recommendations shall be signed by the Chairperson and the Secretary.
    5. The Board shall cause full minutes of its meetings to be kept, and upon approval by the Board, they shall be filed with the Secretary of the Board, who shall make them available for public inspection and shall file and maintain them in a manner similar to that provided for minutes of City Council meetings.
    6. No member of the Board shall vote on any matter that may affect the property, income, or business interest of that member or their family members. Board members are not allowed to participate in discussions at Board meetings about any property in which they or a family member have an interest and they shall disqualify themselves prior to the beginning of a discussion about property in which they have an interest.
  • DUTIES AND POWERS
    1. The Board shall conduct a continuing survey of historic and cultural resources according to SHPO guidelines for purposes of determining those of a distinctive character or special historic, aesthetic, architectural, archeological, or cultural significance or value. The Board shall prepare and maintain an inventory of these resources within the City for use by public agencies and private owners. This inventory shall be referred to as the Inventory of Historic Properties and Sites. The inventory shall identify historic properties throughout the city and prioritize or rank these identified properties and sites based on eminent risk of loss and historical value. The format and content of and subsequent additions or changes to the Inventory of Historic Properties and Sites shall be approved by the Board and submitted to Council for approval.
    2. The Board, after completion of the initial Inventory of Historic Properties and Sites, shall prepare and submit its recommendations for a preservation plan for historic sites and structures in the City to the appropriate planning agency of the City for its consideration, review, and alteration for proposed adoption by the City.
    3. The Board shall assist the City in its consultation with the Kentucky SHPO for the Section 106 Review on all projects which are deemed federal undertaking. The Board’s review and comments shall be included in all Section 106 submissions to the SHPO.
    4. For purposes of Section 106 Review and where appropriate, the Board, in consultation with the City and the SHPO, may expand the definition for what will be considered “historic properties” at the local level from the federal definition outlined in 36 CFR §800.16 (l)(1) and (l)(2) to include other resources with local significance deemed worthy of preservation.
    5. The Board shall review and comment on any plans for new construction prior to demolition of or alteration to identified historic properties (buildings, streetscapes, structure, or sites) to help ensure appropriateness and compatibility of design of new construction and consider alternatives for rehabilitation and adaptive reuse of existing historic properties. The Inventory and Preservation Plan established through Section E. 1. and 2. will inform this review. When the City is unable to implement recommendations made by the Board, the City will continue to consult with the Board in the development of alternatives.
    6. The Board shall assist the City in surplus of city-owned historic properties to prospective owners interested in historic preservation prior to these properties being listed on the open market, auctioned, or demolished. The Board may, upon request by the City, propose plans to prospective owners for the rehabilitation and adaptive reuse of individual historic structures.
    7. The Board shall assist in determining recommended areas for Historic Preservation Overlay zones and shall make recommendations to the City for the designation of Historic Landmarks.
    8. The Board shall make decisions on requests for Certificates of Appropriateness. The Board shall use the Ludlow Historic Design Guidelines or any applicable Chapter 99 Development Plan area guidelines in making decisions on these requests to alter, demolish, relocate, or add to a designated property, or to build a new structure in designated Historic Preservation Overlay zones or Chapter 99 Development Plan areas. The guidelines may include the United States Secretary of the Interior's Standards for Rehabilitation.
    9. The Board shall make decisions on requests for exterior alterations, demolitions, and new construction in Historic Preservation Overlay zones.
    10. The Board may initiate plans for the rehabilitation of individual historic structures in the City.
    11. The Chairperson of the Board shall have the power to administer an oath to witnesses prior to testifying before the Board on any issue.
    12. In the development of the Certified Local Government Program, the City may ask the Board to perform other responsibilities that may be delegated to the City under the National Historic Preservation Act.
    13. The Board shall administer the Main Street Facade Program.
  • [Ord. # 2021-02, 20.0, B., 1., and 20.0, E., 8., adding clarifying language, 02/11/2021] 

    Effective on: 1/1/1901

    SECTION 20.1 CERTIFICATES OF APPROPRIATENESS

  • Applicability

    Within the boundaries of a Historic Preservation Overlay zone that calls for the application of design guidelines, the alteration of the exterior appearance or demolition of any existing structure, or construction of a new structure, or portions thereof, may not be undertaken until a Certificate of Appropriateness has been issued. However, a Certificate of Appropriateness is not ​​​​required for:

    1. Routine maintenance and repair;
    2. Any in-kind replacement;
    3. Painting except when the work will involve the painting of brick and/or stone​​​​​​​ that has not been previously painted;
    4. Any interior projects;
    5. Any projects in the rear of the house not visible from any street;
    6. Any project on an interior side that does not contain a prominent entrance or other significant architectural features;
    7. Any accessory structure (garage, shed, fence, etc.), not visible from any street​​​​​​​;
    8. Landscaping of natural/plant materials​​​​​​​;
    9. In any case where the Building Inspector or the City Administrative Officer​​​​​​​ determines that there are emergency conditions dangerous to life, health, or property affecting an historic structure, that person​​​​​​​ may order these conditions remedied without the approval of the UDRB or the Historic Preservation Officer​​​​​​​. In all such cases, these actions will be communicated to the UDRB at a public meeting.
  • Application
    1. An application for a Certificate of Appropriateness must be filed by the owner of the subject property or the owner’s authorized agent.
    2. Applications must be filed with the Historic Preservation Officer, who must forward the application to the Urban Design Review Board, unless the Historic Preservation Officer​​​​​​​ approval is authorized by Section 20.1, C.
    3. There is no application fee for a Certificate of Appropriateness; however, a Certificate of Appropriateness must be obtained before any work is initiated.
    4. Any person who performs work without a Certificate of Appropriateness may be required to have their application heard before the Urban Design Review Board and will be required to pay a $100.00​​​​​​​ application fee to cover administrative costs.
    5. Contents
      1. Prior to either the preparation of working drawings and specifications or calling for proposals or bids from contractors, any property owner may seek an informal meeting with the UDRB for technical assistance prior to formally submitting for a project. All informal meetings requested shall be held at a regularly scheduled meeting. The UDRB shall provide a written account of such technical assistance to the property owner for use in any subsequent application.
      2. Every application for alterations or additions to existing structures or the erection of any new structure within the boundaries Historic Preservation Overlay zone must be accompanied by drawings of the proposed exterior alterations, additions, or changes. For new construction, all buildings and other site improvements must be indicated on the drawings. For demolition, all proposed changes to any remaining structures and any site improvements must be indicated on the drawings.
      3. As used herein, “drawings” mean site plans, elevations, and/or perspectives drawn at a scale with sufficient detail to show the location of improvements on the site (if applicable) and the architectural design and exterior appearance of buildings and structures on the site. These drawings must include the following information (unless waived by the Historic Preservation Officer):
        1. Existing and proposed principal and accessory buildings, including location, dimensions, and height;
        2. Access points and off-street parking spaces;
        3. Driveways, sidewalks, walkways, terraces, and other paved surfaces;
        4. Accessory structures, including walls, fences, porches, lighting, signs, and other site improvements;
        5. Existing and proposed landscape areas and materials, if proposed to be altered;
        6. Proposed materials, textures, and colors, including samples of materials or color samples.
        7. All properties immediately adjacent to the site must also be included in the site plan; a site section and/or site elevations, including any adjacent properties, may be required for new construction.
      4. An application for a Certificate of Appropriateness is not considered complete until all illustrative material necessary to adequately describe the proposed project has been submitted to the Historic Preservation Officer. The Urban Design Review Board may refuse to consider an application for a Certificate of Appropriateness if it judges that insufficient information has been provided by the applicant.
  • Review and Approval
    1. Certificates of Appropriateness may be reviewed and approved by the Historic Preservation Officer or by the UDRB. Table 20-1 outlines which projects may be reviewed and approved by the Historic Preservation Officer​​​​​​​ versus review and approval by the UDRB:
  • Table 20-1
    Type of ProjectURDB Review/ApprovalAdministrative Review/Approval
    Accessory Structures front, side, protruding, or corner sideYesNo
    Additions/alterations, front, side protruding, or side on corner lotYesNo
    Additions/alterations, side or rearYes If facing streetNo
    Changes to any UDRB Approved Project, majorYesNo
    Changes to any UDRB Approved Project, MinorNoYes
    Demolitions / RelocationsYesNo
    Doors/storm doors, front, side protruding, or corner sideYesNo
    Doors, side or rearNoNo
    Driveway/parking areas/curb cuts, new and any changesYesNo
    Exterior Wall, front, side protruding, or corner side, material and/or style changeYesNo
    Exterior Wall, side or rear, material and/or style changeNoNo
    Gutter, box, repair or replacementYesNo
    Gutter (other than box) or downspoutNoYes
    Roof, pitched, material and/or style changeYesNo
    Roof, flat, material and/or style changeNoYes
    Roof decks and roof structures front, side protruding, or corner sideYesNo
    Exterior lighting fixturesNoYes
    Masonry (brick or stone) tuckpointingNoYes
    Mechanical systems, solar panels, satelite dishes, utilities and accessories, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, side and rearNoNo
    Painting if brick or stone has not been paintedYesNo
    Porches, railings, and steps front, side protruding, or corner sideYesNo
    Routine maintenance or repairs, matching materials and styles (except windows)NoYes
    New Construction/ReconstructionYesNo
    Fences/retaining walls, front, side protruding, or corner sideYesNo
    Signage/Awnings, new or alteration to size, shape, or lighting front, side protruding, or corner sideYesNo
    Signage/Awnings, face changesNoNo
    Shutters, front, side protruding, or corner sideYesNo
    Shutters, side or rearNoNo
    Windows, replacement, change in material/size/color/configuration front, side protruding, or corner sideYesNo
    Windows, replacement, same material/size/color/configuration side and rearNoYes
    Windows, storm, new or alteration front, side protruding, or corner sideYesNo
    Windows, storm, new or alteration side and rearNoYes
    Windows, storm, replacement in kindNoNo
    Table 20-1
    Type of ProjectURDB Review/ApprovalAdministrative Review/Approval
    Accessory Structures front, side, protruding, or corner sideYesNo
    Additions/alterations, front, side protruding, or side on corner lotYesNo
    Additions/alterations, side or rearYes If facing streetNo
    Changes to any UDRB Approved Project, majorYesNo
    Changes to any UDRB Approved Project, MinorNoYes
    Demolitions / RelocationsYesNo
    Doors/storm doors, front, side protruding, or corner sideYesNo
    Doors, side or rearNoNo
    Driveway/parking areas/curb cuts, new and any changesYesNo
    Exterior Wall, front, side protruding, or corner side, material and/or style changeYesNo
    Exterior Wall, side or rear, material and/or style changeNoNo
    Gutter, box, repair or replacementYesNo
    Gutter (other than box) or downspoutNoYes
    Roof, pitched, material and/or style changeYesNo
    Roof, flat, material and/or style changeNoYes
    Roof decks and roof structures front, side protruding, or corner sideYesNo
    Exterior lighting fixturesNoYes
    Masonry (brick or stone) tuckpointingNoYes
    Mechanical systems, solar panels, satelite dishes, utilities and accessories, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, side and rearNoNo
    Painting if brick or stone has not been paintedYesNo
    Porches, railings, and steps front, side protruding, or corner sideYesNo
    Routine maintenance or repairs, matching materials and styles (except windows)NoYes
    New Construction/ReconstructionYesNo
    Fences/retaining walls, front, side protruding, or corner sideYesNo
    Signage/Awnings, new or alteration to size, shape, or lighting front, side protruding, or corner sideYesNo
    Signage/Awnings, face changesNoNo
    Shutters, front, side protruding, or corner sideYesNo
    Shutters, side or rearNoNo
    Windows, replacement, change in material/size/color/configuration front, side protruding, or corner sideYesNo
    Windows, replacement, same material/size/color/configuration side and rearNoYes
    Windows, storm, new or alteration front, side protruding, or corner sideYesNo
    Windows, storm, new or alteration side and rearNoYes
    Windows, storm, replacement in kindNoNo
    Table 20-1
    Type of ProjectURDB Review/ApprovalAdministrative Review/Approval
    Accessory Structures front, side, protruding, or corner sideYesNo
    Additions/alterations, front, side protruding, or side on corner lotYesNo
    Additions/alterations, side or rearYes If facing streetNo
    Changes to any UDRB Approved Project, majorYesNo
    Changes to any UDRB Approved Project, MinorNoYes
    Demolitions / RelocationsYesNo
    Doors/storm doors, front, side protruding, or corner sideYesNo
    Doors, side or rearNoNo
    Driveway/parking areas/curb cuts, new and any changesYesNo
    Exterior Wall, front, side protruding, or corner side, material and/or style changeYesNo
    Exterior Wall, side or rear, material and/or style changeNoNo
    Gutter, box, repair or replacementYesNo
    Gutter (other than box) or downspoutNoYes
    Roof, pitched, material and/or style changeYesNo
    Roof, flat, material and/or style changeNoYes
    Roof decks and roof structures front, side protruding, or corner sideYesNo
    Exterior lighting fixturesNoYes
    Masonry (brick or stone) tuckpointingNoYes
    Mechanical systems, solar panels, satelite dishes, utilities and accessories, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, side and rearNoNo
    Painting if brick or stone has not been paintedYesNo
    Porches, railings, and steps front, side protruding, or corner sideYesNo
    Routine maintenance or repairs, matching materials and styles (except windows)NoYes
    New Construction/ReconstructionYesNo
    Fences/retaining walls, front, side protruding, or corner sideYesNo
    Signage/Awnings, new or alteration to size, shape, or lighting front, side protruding, or corner sideYesNo
    Signage/Awnings, face changesNoNo
    Shutters, front, side protruding, or corner sideYesNo
    Shutters, side or rearNoNo
    Windows, replacement, change in material/size/color/configuration front, side protruding, or corner sideYesNo
    Windows, replacement, same material/size/color/configuration side and rearNoYes
    Windows, storm, new or alteration front, side protruding, or corner sideYesNo
    Windows, storm, new or alteration side and rearNoYes
    Windows, storm, replacement in kindNoNo
    Table 20-1
    Type of ProjectURDB Review/ApprovalAdministrative Review/Approval
    Accessory Structures front, side, protruding, or corner sideYesNo
    Additions/alterations, front, side protruding, or side on corner lotYesNo
    Additions/alterations, side or rearYes If facing streetNo
    Changes to any UDRB Approved Project, majorYesNo
    Changes to any UDRB Approved Project, MinorNoYes
    Demolitions / RelocationsYesNo
    Doors/storm doors, front, side protruding, or corner sideYesNo
    Doors, side or rearNoNo
    Driveway/parking areas/curb cuts, new and any changesYesNo
    Exterior Wall, front, side protruding, or corner side, material and/or style changeYesNo
    Exterior Wall, side or rear, material and/or style changeNoNo
    Gutter, box, repair or replacementYesNo
    Gutter (other than box) or downspoutNoYes
    Roof, pitched, material and/or style changeYesNo
    Roof, flat, material and/or style changeNoYes
    Roof decks and roof structures front, side protruding, or corner sideYesNo
    Exterior lighting fixturesNoYes
    Masonry (brick or stone) tuckpointingNoYes
    Mechanical systems, solar panels, satelite dishes, utilities and accessories, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, front, side protruding, or corner sideYesNo
    Ornamental trim or Architectural details, changes/alterations, side and rearNoNo
    Painting if brick or stone has not been paintedYesNo
    Porches, railings, and steps front, side protruding, or corner sideYesNo
    Routine maintenance or repairs, matching materials and styles (except windows)NoYes
    New Construction/ReconstructionYesNo
    Fences/retaining walls, front, side protruding, or corner sideYesNo
    Signage/Awnings, new or alteration to size, shape, or lighting front, side protruding, or corner sideYesNo
    Signage/Awnings, face changesNoNo
    Shutters, front, side protruding, or corner sideYesNo
    Shutters, side or rearNoNo
    Windows, replacement, change in material/size/color/configuration front, side protruding, or corner sideYesNo
    Windows, replacement, same material/size/color/configuration side and rearNoYes
    Windows, storm, new or alteration front, side protruding, or corner sideYesNo
    Windows, storm, new or alteration side and rearNoYes
    Windows, storm, replacement in kindNoNo
      1. The Historic Preservation Officer is hereby authorized to issue Certificates of Appropriateness without review by the Urban Design Review Board, under the following circumstances:
        1. The application must be determined to be consistent with the Ludlow Historic Design Guidelines.
        2. The Historic Preservation Officer may not approve any application for any new construction or for the demolition of a principal or contributing structure.
        3. The Historic Preservation Officer may refer any project to the Urban Design Review Board upon which it may otherwise act, due to the complexity of the project or uncertainty as to its consistency with the Ludlow Historic Design Guidelines.
        4. The Historic Preservation Officer may not disapprove any project. Any application which is not approved by the Historic Preservation Officer​​​​​​​ must be forwarded to the Urban Design Review Board in accordance with SECTION 20.1, D.
        5. Upon issuance of a Certificate of Appropriateness by the Historic Preservation Officer, all other provisions of this section must be followed, and the Historic Preservation Officer must notify the Urban Design Review Board of such action at its next regular meeting.
    1. Public Hearing Notice for applications to the UDRB

      When an application is made for a Certificate of Appropriateness for projects identified in Table 20-1 that required UDRB review and approval, or is forwarded by the Historic Preservation Officer, a public hearing must be held by the UDRB. Notice for a public hearing for designation of historic structures, areas, or sites must be made in accordance with SECTION 20.0, D., 3., c.

    2. Urban Design Review Board Hearing/Action
      1. The Urban Design Review Board must hold regular meetings, at least once a month, and review applications that have been received by the staff 14 business days or more prior to each meeting. The Urban Design Review Board must hold at least one public hearing on all applications for Certificates of Appropriateness that involve new construction, demolition of principal or contributing structures, or substantial alterations to a building. The applicant must be informed of the time and place at which the Urban Design Review Board will consider the application and the applicant will be heard.
      2. Following the Urban Design Review Board’s review and public hearing, if required, the Board must take action, by simple majority vote, on applications for Certificates of Appropriateness, based on the review and decision-making criteria of Section 20.1, F.
      3. In acting on an application for a Certificate of Appropriateness, the Urban Design Review Board is authorized to approve, approve with modifications, or disapprove the application.
      4. If the Urban Design Review Board approves an application, it must cite the appropriate section(s) of the Ludlow Historic Design Guidelines. A Certificate of Appropriateness must then be issued to the applicant and signed by the Historic Preservation Officer on behalf of the Chairperson or Vice-Chairperson. The Certificate of Appropriateness must be attached to the application, along with documents approved by the Urban Design Review Board, and must be transferred to the office of the Zoning Administrator and Building Inspector. All documents approved by the Urban Design Review Board must be stamped accordingly. The Zoning Administrator or Building Inspector must thereupon process the application in the usual manner.
      5. If the Urban Design Review Board disapproves an application, it must cite the appropriate section(s) of the Ludlow Historic Design Guidelines, for such disapproval and must transmit a record of such action and the reasons therefore in writing to the Zoning Administrator and Building Inspector and to the applicant. No further action may be taken by the Zoning Administrator or Building Inspector on the application. The applicant may modify the application to make it acceptable to the Urban Design Review Board and has the right to resubmit the application at any time.
      6. The Urban Design Review Board must act within 60 days of receipt of a complete application. The failure of the Urban Design Review Board to approve or disapprove such application within such time, unless otherwise mutually agreed by the applicant and the Urban Design Review Board, will be deemed to constitute disapproval and the issue will be considered to have been resolved. The applicant has the right to re-apply to the Urban Design Review Board again, if they so choose.
      7. After a Certificate of Appropriateness has been issued in accordance with this section, the project must, from time to time, be inspected in the field to review the construction, reconstruction, alteration, maintenance, or repair as authorized and such action as is necessary must be taken to assure compliance with the approved application.
      8. Approval of a Certificate of Appropriateness does not exempt the applicant from complying with all of the requirements of this zoning ordinance, the Building Code, Housing Code, and other regulations of the City.
    3. Review and Decision-Making Criteria

      In acting on any application for a Certificate of Appropriateness, the Urban Design Review Board must follow the procedures and make findings regarding the applicable criteria as follows:

      1. If the work involves the alteration of an existing structure or site, including demolition of additions, the staff or Urban Design Review Board must first determine whether the structure or site is contributing based on:
        1. Its value as a reminder of the cultural or archeological heritage of the city, state, or nation;
        2. Its location as a site of a significant local, state, or national event;
        3. Its identification with a person or persons who significantly contributed to the development of the city, state, or nation;
        4. Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation;
        5. Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing architectural significance;
        6. Its characteristic of an architectural style of a period; or

        g Its character as a contributing element in a Historic Preservation Overlay zone or in a Historic Designation Report.

      2. If the structure or site is determined to be contributing, the Urban Design Review Board must state the basis for such determination and must make the following findings to approve the proposed work:
        1. That the proposed work is consistent with the Ludlow Historic Design Guidelines, and the historic and architectural character of the building, structure, appurtenance, or site will be properly preserved;
        2. That the proposed project will not have a detrimental impact on the historic or architectural character of the property; and
        3. That the proposed project is compatible with other properties in the Historic Preservation Overlay zone in terms of form, proportion, mass, texture, configuration, building materials, color, the location of the building on the lot, and the land use.
      3. If the structure or site is not determined to be significant or contributing, to approve the proposed work, the Urban Design Review Board must find Section 20.1 , F., 2., above and it must further find that the proposed work will not increase the incompatibility of an existing structure.
      4. If the Urban Design Review Board fails to make positive finding(s) as required above, a Certificate of Appropriateness may not be issued unless the Urban Design Review Board finds:
        1. That the proposed alterations are necessary for the continued viability of the structure and the cost of making these improvements in such a manner as to meet the above finding(s) will result in the building being incapable of earning an economic return upon its value at that time, or upon future sale of the property in the case of an owner/occupant. The Urban Design Review Board may require cost estimates for an alternative that would comply with the design guidelines; or
        2. The proposed project is required for the physical functioning of the building or health or safety reasons and no reasonable alternative is available to meet this need.
      5. If the Urban Design Review Board finds that either of the latter two circumstances exists, every effort must be made to minimize the adverse impact of the proposed work and to allow for the work to be reversed in the future.
      6. If the proposed work involves new construction (both infill and additions to existing structures), the Urban Design Review Board must make the following findings to approve the work:
        1. That the proposed work is consistent with the Ludlow Historic Design Guidelines; and
        2. That the proposed project is compatible with other buildings in the Historic Preservation Overlay zone in terms of form, proportion, mass, texture, configuration, building materials, color, and location of the building on the lot.
      7. Requests for approval of demolition, in whole or in part, or relocation of a contributing structure must also follow the procedures established in SECTION 20.2.

    [Ord. # 2021-02, Numerous amendments and updates, 02/11/2021] 

    Effective on: 1/1/1901

    SECTION 20.2 PROCEDURE AND CRITERIA FOR DEMOLITION AND MOVING OF STRUCTURES

  • Applicability

    The demolition or moving of all or part of an existing building in a designated Historic Preservation Overlay zone requires the approval of the Urban Design Review Board, in accordance with the following procedures:

    1. The Urban Design Review Board must approve the Certificate of Appropriateness to demolish the structure if any one of the following circumstances is found to exist:
      1. Demolition has been ordered by a the Building Inspector or the City Administrative Officer for reasons of public health and safety. In the case of imminent danger, such demolition may occur prior to approval by the Urban Design Review Board; or
      2. The demolition is requested for an inappropriate addition or a noncontributing building, and the Urban Design Review Board determines that the demolition will not adversely affect the character of the area, including the appearance of the streetscape in terms of the overall scale, rhythm, design, or unity; or
      3. The proposed replacement structure and development will strengthen the viability of the area as a whole and will not adversely affect the character of the area, including the appearance of the streetscape in terms of the overall scale, rhythm, design, or unity; or
      4. The demolition is consistent with plans or policies adopted by the Mayor and the City Council.; or
      5. In approving the Certificate of Appropriateness to demolish the structure, the Urban Design Review Board must state the basis for approval, pursuant to one of the above findings.
    2. If none of the circumstances listed in Section 20.2, A., 1., are found to exist, the Urban Design Review Board may approve the permit to demolish the structure only if it finds that the structure cannot be reused or cannot earn an economic return upon its value. If an owner requests a demolition permit for this reason, the Urban Design Review Board must hold a public hearing in accordance with SECTION 20.0, D., c., and the following procedures:
      1. Unless otherwise agreed by the applicant, the hearing must be held at the next regular meeting of the Urban Design Review Board. In every case, however, the hearing must be held within 45 days of the date of the original application.
      2. At the hearing, the owner must present reasons why the structure cannot be reused or cannot earn an economic return upon its value. Any other persons may speak at this hearing and may present evidence to demonstrate reuse potential or opportunities for an economic return upon its value.
      3. Within no more than 90 days of the date of the hearing, the Urban Design Review Board must identify a satisfactory plan for the preservation of the structure. If such a plan is presented, the demolition may not be approved. In the event the Urban Design Review Board does not identify an economically feasible plan, or otherwise concurs with the showing by the owner, the demolition must be approved. If, prior to the expiration of the 90-day period, the Urban Design Review Board identifies a preliminary plan for the preservation of the structure, the Urban Design Review Board must be given an additional period of time not to exceed 90 days to recommend a final plan.
      4. If the Urban Design Review Board has taken no action to approve or disapprove the request within the 90-day period (or 180-day period if extended), the demolition must be allowed and permits must be issued by the Zoning Administrator and the Building Inspector.
    3. If the Urban Design Review Board approves a Certificate of Appropriateness for demolition as per this subsection, it may require the applicant to perform mitigating actions, such as archival documentation of the structure and/or salvage and re-use of historic elements.
    4. As an alternative to demolition that has been approved pursuant to Section 20.2, A., 1., or Section 20.2, A., 2., the Urban Design Review Board may approve the moving of an existing building where:
      1. The new surroundings would be harmonious with the historical and architectural character of the building; and
      2. The relocation would help preserve and protect a building of historical interest.
  • [Ord. # 2021-02, 20.2, A., 1., a., changing "a responsible public official" to "the Building Inspector or the City Administrative Officer", 02/11/2021] 

    Effective on: 1/1/1901

    SECTION 20.3 FEATURES NOT SUBJECT TO REVIEW:

    In reviewing an application for a Certificate of Appropriateness, the Urban Design Review Board may not consider interior arrangement or features that are not subject to any public view. The Urban Design Review Board may not impose any requirements except for the purpose of preventing development that is architecturally incompatible with the Historic Preservation Overlay zone or Chapter 99 Development Plan area.

    Effective on: 1/1/1901

    SECTION 20.4 EXPIRATION OF CERTIFICATE OF APPROPRIATENESS:

    A Certificate of Appropriateness is valid for six calendar months from the date of issue. Work on the project must commence within that six-month time period, or the Certificate of Appropriateness will expire and be of no further effect. Once a Certificate of Appropriateness has expired, the applicant will be required to apply for a new Certificate of Appropriateness prior to initiating any work.

    Effective on: 1/1/1901

    SECTION 20.5 WORK PERFORMED WITHOUT A CERTIFICATE OF APPROPRIATENESS

  • The City Administrative Officer has the right to revoke the occupational license of any person performing work without a required Certificate of Appropriateness.
  • Any work completed without a Certificate of Appropriateness that cannot be approved by the Historic Preservation Officer must be reviewed by the Urban Design Review Board and the owner will be required to pay a $100.00 application and review fee to cover administrative costs thereof.
  • Any violation of provisions within this Article is subject to the provisions of Article 16.
  • Effective on: 1/1/1901

    SECTION 20.6 APPEALS OF URBAN DESIGN REVIEW BOARD DECISIONS

  • Applicability

    A decision by the Urban Design Review Board to deny a Certificate of Appropriateness or an application for waiver or modification may be appealed to the City Council.

  • Application

    An application for an appeal from a decision by the Urban Design Review Board must be filed by the owner of the subject property or the property owner’s authorized agent. Such appeal must be made in writing and must be filed with the Historic Preservation Officer within 30 days after the Urban Design Review Board takes final action on the application.

  • City Council Action
    1. The Mayor and the City Council will be notified of the appeal and it will be placed on the agenda for a regular or special meeting of the City Council.
    2. In reviewing an appeal, the City Council must review the record of the Urban Design Review Board regarding the issue appealed and determine whether the procedures and criteria established in SECTION 20.1, SECTION 20.2, or SECTION 20.3 have been followed and/or whether the decision of Board was arbitrary, based on the record. If the City Council finds that an error has been made, it has the authority to order the issuance of a Certificate of Appropriateness or approve an application for design review, in accordance with the applicable procedures and criteria, or may remand the issue to the Urban Design Review Board for further consideration, stipulating certain facts.
    3. If the City Council finds no cause of action, it must uphold the decision of the Urban Design Review Board.
    4. It is the intent that the City Council will be lenient in its judgment of plans for new construction or for alteration, repair, or demolition of structures determined to be non-contributing, except where such construction, alteration, repair, or demolition would seriously impair the historic or architectural value of the surrounding structures or area. It is not the intent of this subsection to limit new construction, alteration, or repair to any single period of architectural style.
  • Effective on: 1/1/1901

    SECTION 20.7 APPEAL TO CIRCUIT COURT:

    A decision of the City Council may be appealed to the Kenton Circuit Court within 30 days after the final decision of the City Council on the appeal from the Urban Design Review Board decision. The appeal to the Circuit Court must follow the procedures set forth in the Kentucky Revised Statutes if it is alleged that there is an error in any order, requirement, decision, or determination made by the City Council or Urban Design Review Board in carrying out their duties as set forth in this section. The computation of the 30-day timeframe must be in accordance with KRS 446.030.

    Effective on: 1/1/1901