§ 2-355. Nominations to the National Register of Historic Places; designation of local historic preservation districts; downtown design review.

(a)

Nominations to the National Register of Historic Places:

(1)

Initiation of Nominations: The city board of commissioners shall initiate all nominations of properties within the city for inclusion on the National Register of Historic Places. The board of commissioners and the historic preservation board shall both submit a recommendation on each proposed nomination to the National Register. Within sixty (60) days of receipt of a nomination from a private individual or the initiation of a nomination by the city, both the board of commissioners and the historic preservation board shall conduct a public hearing and obtain comments from the general public on the proposed nomination which shall be documented and included in their respective recommendations, and shall inform the owner of the property nominated of the two (2) recommendations regarding the eligibility of the property. Regardless of whether they agree, the recommendations of both the board of commissioners and the historic preservation board shall be forwarded by the city to the state heritage council. If the board of commissioners and the historic preservation board both recommend that a property not be nominated, the state heritage council shall inform the property owner, the state historic preservation review board and the state historic preservation officer, and the property shall not be nominated unless an appeal is filed with the state historic preservation officer.

(2)

Review of Nomination: If either or both the board of commissioners and the historic preservation board agree that a property should be nominated for inclusion on the National Register of Historic Places, the nomination shall receive a preliminary review by the state historic preservation review board, who shall make a recommendation to the state historic preservation officer, who shall then decide whether or not to forward the nomination to the United States Secretary of the Interior, in whom there is vested final authority to certify the inclusion of the property on the National Register of Historic Places. The board of commissioners, the historic preservation board, or the owner of the property nominated for inclusion on the National Register of Historic Places may appeal the final decision by the state historic preservation officer.

(b)

Designation of Local Historic Preservation Districts:

(1)

Recommendations and Designations: Consideration of the designation of a landmark or historic district may originate with the filing of an application for designation with the board by two-thirds ( 2/3 ) of the owners of each parcel of property within the proposed district. Multiple owners of a parcel of property shall be considered as one (1) property owner for the purposes of filing the application. The board shall verify the names and addresses of the owners of the affected property and the owners of all adjoining properties as listed on the tax rolls of the city. The board may appoint a committee representing a potential historic district or landmark to work with the property owners in the area during the formative stages of application development. The committee shall be responsible for determining the feasibility and support of a historic district in the area and shall prepare a map or plat that illustrates the boundaries of the proposed district and its proximity to surrounding areas. The committee is responsible for holding public area meetings and distributing information concerning historic designation. The committee shall also be responsible for drafting and presenting to the property owners of the affected area a set of regulations or standards to be applied to the historic district. The committee shall include at least one (1) member of the board.

(2)

Preservation, Restoration, Rehabilitation and Reconstruction Guidelines/Standards: Prior to its first public hearing on a proposed designation, the board shall develop and adopt preservation, restoration, and/or reconstruction guidelines that will apply to the proposed historic preservation district or landmark and which will assist owners in the preservation and rehabilitation of their property. The guidelines shall include the Secretary of the Interior's standards for rehabilitation and guidelines for rehabilitating historic buildings and may include other appropriate guidelines. The guidelines, along with the proposed designation, shall be submitted to the board of commissioners for its approval. The guidelines and the decision of the board shall not limit new construction to any one (1) architectural style, but shall seek to preserve the character and integrity of the historic districts and landmarks. The board may expand or amend the guidelines provided it holds a public hearing on the changes after formal notification to the affected property owners in the manner prescribed herein, and submits the proposed changes to the board of commissioners for its approval.

(3)

Public Hearing and Notice: To initiate the process for designations, the board shall gather pertinent information about the property or properties proposed for historic designation and shall schedule a public hearing on same. Notice of the hearing shall be advertised in the local newspaper not less than seven (7) nor more than twenty-one (21) consecutive days immediately prior to the hearing. At least five (5) days prior to the public hearing, written notice shall be given by first-class mail to the owners of property under consideration and the owners of all adjoining property. The clerk or other designated officer of the board shall certify that the notices were mailed. Written notice shall be considered sufficient if it is mailed to the person listed on the tax rolls of the city. The written notice required herein shall advise all interested property owners and other parties of the availability of general and specific information regarding the proposed historic district designation and guidelines, and where and when said information is available for public inspection. During the hearing, a member of the board or its designee, shall present a summary of the proposed historic district designation and the preservation, restoration, rehabilitation or reconstruction guidelines applicable thereto. Thereafter, all properties and other interested parties shall be given an opportunity to ask questions, tender other relevant information, and/or comment on all matters pending before the board. The board shall cause an official transcript to be kept of all testimony, comments and discussions occurring during the public hearing.

(4)

Designation Criteria to be Considered by Board: A historic preservation district or landmark shall qualify for designation when it involves a residence, building, structure or a site that is at least fifty (50) years old, and meets one (1) or more of the following criteria which shall be specifically addressed in the board's report and recommendations to the city board of commissioners:

a.

It is characterized as an established and geographically definable residential neighborhood, united by culture, architectural styles, or physical plan and development;

b.

Its character as a geographically definable area possessing a significant concentration of homes, buildings, or structures united by past events or by its plan or physical development;

c.

It has value as a reminder of the cultural or archaeological heritage of the city, state, or nation;

d.

Its location as the site of a significant local, state or national event;

e.

Its identification with a person or persons who significantly contributed to the development of the city, state, or nation;

f.

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;

g.

Its value as a building that is recognized for the quality of its architecture and that retains sufficient elements showing its architectural significance; or

h.

Its distinguishing characteristics are of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.

(5)

Report and Recommendation to the Board of Commissioners: Within sixty (60) days after the completion of the public hearing required herein, the board shall submit a written report to the board of commissioners which summarizes the testimony, information, and materials presented to and considered by the board, and which includes its findings of fact and recommendations regarding the residence, building, structure or district's qualification for historic designation and the preservation, restoration, rehabilitation and reconstruction guidelines that apply. The report and recommendation shall contain all pertinent information about the residence, building, or structure which has been identified for inclusion in the proposed designation, as well as a detailed map which identifies the boundaries of the proposed landmark or historic district. A copy of the report and map shall also be sent to the planning commission. Within sixty (60) days of the receipt of the report and prior to the adoption of any ordinance by the board of commissioners establishing a historic preservation district, the planning commission shall evaluate the proposed designation in light of existing and future plans for development and growth within the city, and submit it, in writing, to the board of commissioners.

(6)

Action by the Board of Commissioners: The board of commissioners shall, in its sole legislative discretion, approve, modify or disapprove the board's recommendation within sixty (60) days after receipt thereof, even though a recommended historic preservation district or landmark qualifies for designation and meets the criteria set forth in subsection 2-355(4) of this division. For good cause, this time period may be extended by the board of commissioners. Historic preservation districts or landmark designations recommended by the board and approved by the board of commissioners, shall be established by ordinance.

(7)

Relationship to Zoning: The property or landmarks in a designated historic preservation district shall be subject to any and all zoning, use, and development regulations applicable thereto. In the event of a conflict between this division and the underlying use and development zoning regulations, the stricter standards shall govern. Upon establishment of a historic preservation district, development within the area shall conform to all applicable zoning and historic district regulations.

(8)

Notification of Designation as Landmark or Historic Preservation District: The board shall notify each owner of the decision relating to his or her property and shall cause to be lodged of record in the appropriate index in the office of the county clerk a recordable instrument providing actual and constructive notice that the property more particularly described therein has been designated by ordinance as a historic preservation district or landmark; and that any exterior alterations visible to the public, new construction, demolition, or relocation affecting said landmark or property within the historic preservation district is burdened and restricted by, owned subject to, and shall comply with, the preservation, restoration or reconstruction guidelines applicable thereto, which shall be incorporated by reference in the recorded instrument. A recordable memorandum that summarizes and references the city ordinance establishing the historic preservation district or landmark, map, and preservation, restoration and reconstruction guidelines applicable to the landmark or properties within said district, may be lodged of record in lieu of the original documents. The preservation, restoration and reconstruction guidelines, once lodged of record, shall constitute a lawfully binding covenant that runs with the land affected thereby and shall inure to the benefit of and be binding upon all successors in interest thereto. A certified copy of the ordinance approved by the board of commissioners, including the historic preservation district or landmark map shall be forwarded to the city-county metropolitan planning commission. The planning commission shall include approved historic preservation districts or landmarks in the comprehensive plan, and any subsequent amendments thereto and such new comprehensive plan as may thereafter be adopted.

(9)

Amendment or Rescission of a Designation of Landmark or Historic Preservation District: Amendments to, or rescission of, any historic preservation designation or applicable guidelines shall be conducted in the same manner required for the original designation and/or guidelines.

(c)

Downtown Design Review:

(1)

Downtown Overlay Districts: The city has adopted the downtown design standards originally developed by Downtown Owensboro, Inc., and building form standards for downtown within the city metropolitan zoning ordinance as article 21, downtown overlay districts. This section comprehensively addresses development, design, and historic preservation standards for downtown Owensboro based on specific character districts identified in the Downtown Owensboro Master Plan adopted by the city board of commissioners in February 2009.

(2)

Downtown Overlay Design Review Standards: Article 21 of the city metropolitan zoning ordinance establishes the standards for the review of any and all public or private projects that involve permanent building construction, demolition, alteration, repairs, restoration, maintenance or rehabilitation that in any way visibly alters the exterior appearance of any structure, sign or property site observable from public rights-of-way and that occur within any area of the downtown overlay district boundary that is not "designated property" as defined in this division. The boundary for the downtown overlay district shall be established in article 21 and is generally defined in section 2-352 of this division. The historic preservation board shall provide the following services in support of the implementation of article 21:

a.

Have the option to make a recommendation to the board of adjustment on any appeals to a decision of the zoning administrator on any downtown project and such recommendation, if issued, shall be issued within 21 days of notice of the appeal;

b.

Provide design direction and support to the zoning administrator and downtown design administrator in reviewing any downtown projects;

c.

Make a decision on any requests for design exceptions to standards in article 21 of the city metropolitan zoning ordinance.

d.

Make a recommendation to the board of adjustment on any request for dimensional variances within the downtown overlay district boundary.

e.

Review and approve the design and development of any major civic venues within downtown Owensboro.

(3)

Downtown Design Administrator: The role of the downtown design administrator shall be as established in article 21 of the city metropolitan zoning ordinance.

(4)

Downtown Design Review Process: Article 21, downtown overlay districts, of the city metropolitan zoning ordinance shall establish the process for development and design review and approval within downtown Owensboro.

(Ord. No. 39-2009, § 1, 11-3-2009)