TITLE XV:  LAND USAGE - Back to Table of Contents

       Chapter

        150.  BUILDING REGULATIONS
        151.  COMPREHENSIVE PLAN
        152.  HISTORIC PRESERVATION
        153.  SIGNS
        154.  SUBDIVISION REGULATIONS
        155.  SWIMMING POOLS
        156.  ZONING CODE

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 CHAPTER 150:  BUILDING REGULATIONS - Back to Top

Section

 General Provisions

 Standard Codes Adopted

 Building and Zoning

 Compliance Certificates

1998 S-4

 Violations

 GENERAL PROVISIONS

࿙ 150.01  CONTROL OF LIGHTS SHINING ON RIGHTS-OF-WAY, PUBLIC PROPERTY. - Top of Building Regulations

(A) No light, from the light source, filament, or reflector, shall be placed within the front setback area, or for corner lots, a side set back area, as defined by the applicable zoning regulation, except for lights installed for the purpose of illuminating an entrance to property, and, in which case, they shall individually and collectively, not cast a light upon any portion of the  surfaced area of a public rightofway, measured at a height of four feet above the surface, of an intensity greater than four footcandles.

 (B) No light, regardless of its size or type, shall be placed within the rear or side set back areas of residential property except where such areas are used for an entrance to the property and then such light(s) shall conform to the standards set out in section one of this section.

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 (C) No light, regardless of its size or type, shall be permitted which is constructed or situated in such a  manner that it casts a light beyond the boundaries of the property upon which the light is maintained and which can be measured at any point on the property of another at an intensity greater than  one  footcandle  or at any point on a residential structure of another at an intensity of greater than onetenth of one foot- candle.

 (D) The city shall retain the right to place street lights within its public rightsofway where such lights are deemed necessary by the city or its officials for the safety of motorists and pedestrians.  Such lights shall not be subject to the restrictions of this section.

(Ord. 88-4, passed 3-28-88)  Penalty, see ࿙ 150.99

࿙ 150.02  PROVISIONS FOR ACCESS REQUIRED PRIOR TO ISSUANCE OF BUILDING
PERMIT. - Top of Building Regulations

 (A) Building permits will not be approved for structures on so called ྿flag lots.࿀

 (B) That culdesac lots musthave front lot widths equal to a minimum of 50% of the lot width at the required building line at the required setback distance before building permits may be approved.

 (C) The required building lines will be established perpendicular to a straight line connecting the points where nonparallel side lot lines cross the culdesac or other rights of way before building permits may be approved.

 (D) The required building lines will be established perpendicular to side lines where side lines are parallel before building permits may be approved.

(Ord. 84-12, passed 7-23-84)  Penalty, see ࿙ 150.99

1998 S-4

࿙ 150.03  STREET FRONTAGE REQUIREMENTS. - Top of Building Regulations

 Building and zoning compliance certificates shall not be issued by the city for any lot on which the street frontage as measured in linear feet, and all portions of the lot between the street frontage and the building set-back line (on a buildable portion of the lot), do not equal at least one-half of the width of the lot at the required building set-back line as established for the zoning district in which the lot is located.

(Ord. 97-10, passed 7-14-97)

 STANDARD CODES ADOPTED

࿙ 150.15  ADOPTION OF KENTUCKY BUILDING CODE AND STANDARDS OF

SAFETY; ENFORCEMENT AGENTS. - Top of Building Regulations

 (A) The Kentucky Building Code, as contained in Chapter 7, Title 815 of the Kentucky Administrative Regulations; the Kentucky Plumbing Code, as contained in Chapter 20, Title 815 of the Kentucky Administrative Regulations; the Kentucky Standards of Safety, as contained in Chapter 10, Title 815 of the Kentucky Administrative Regulations, together with any amendments, are hereby adopted by reference as if fully set forth in this code of ordinances.  Copies of the above codes and any amendments thereto shall be placed on file in the office of the City Clerk where they shall be available for public inspection during normal business hours.

 (B) The Jefferson County Department of Building Inspection shall be designated as the local enforcement agent for the Kentucky Building Code.

 (C) The Chief of the Fire Department and all other designated officers, agents, and employees of the city are hereby charged with the enforcement of the provisions of the Standards of Safety.  (Ord. 63-3, passed - -63) Penalty, see ࿙ 150.99

 Building Reguations 4A

࿙ 150.16  APPLICATION. - Top of Building Regulations

 The application of the State Building Code shall be extended to all single-family dwellings in the city which are to be constructed or remodeled.

࿙ 150.17  APPEALS. - Top of Building Regulations

 Appeals from decisions made by the Building Inspector under this chapter may be taken to the State Board of Housing, Buildings and Construction unless and/or until a local board of housing appeals, as set forth in KRS Chapter 198B, is established to hear such appeals.

Statutory reference:

 Appeals procedure, see KRS 198B.070

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 Building Regulations 5

 BUILDING AND ZONING COMPLIANCE CERTIFICATES

࿙ 150.30  DEFINITIONS. - Top of Building Regulations

 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 ACCESSORY BUILDINGS AND STRUCTURE. Those buildings and structures that are associated with a single family residence but are not used for residential or commercial purposes, and are not constructed on a permanent foundation or if constructed on a permanent foundation do not exceed 250 square feet of floor or ground space. Accessory buildings and structures shall include, without limitation, decks, tennis courts, and outbuildings.

 STRUCTURES. Buildings that have roofs supported by columns or walls for shelter or enclosure of persons, animals, materials or property of any kind.  STRUCTURE shall also include anything constructed or erected which requires the use of ground locations including but not limited to in-ground swimming pools, decks and patios, tennis courts, signs, stables, entrances to any street that exceed eight feet in height or the parts of which collectively occupy more than 75 square feet of ground space, other outbuildings and poles 15 feet or more in height. Structures and buildings are used interchangeably in this subchapter.

(Ord. 86-9, passed 8-26-86; Am. Ord. 93-15, passed 92693; Am. Ord. 9516, passed 8795)

࿙ 150.31  COMPLIANCE CERTIFICATE REQUIRED PRIOR TO CONSTRUCTION,

ALTERATION AND THE LIKE. - Top of Building Regulations

 No structure shall be erected, including site preparation, modified externally, reconstructed, wrecked, removed or altered without an approved Building and Zoning Compliance Certificate being first secured and applicable fees paid.

(Ord. 86-9, passed 8-26-86)  Penalty, see ࿙ 150.99

࿙ 150.32  APPLICATION PROCEDURE. - Top of Building Regulations

 (A) Applications for the certificates referred to above and applicable fees shall be made to the City Clerk and proceeds shall be paid to the city's general fund.

 (B) Applications shall be numbered and recorded by the City Clerk and accompanied by an approved plat with professional surveyor's seal or equivalent indicating proposed location of structures with accurate measurements of lot lines, interior distances, existing structure locations, and a full set of nonreturnable, detailed plans and specifications.

 (C) Applications shall be accompanied by any required approvals from the CityCounty Health Department, the Metropolitan Sewer District, the County Works Department, the Fire Department Inspector (for fire plug location), the Jefferson County Zoning Office, the Zoning Officer for compliance with established zoning district regulations, the City Forester or his deputy, the Flood Safety Officer, and where applicable the City Historic Preservation Commission.

 (D) Applications with required accompanying approvals and documents shall then be submitted to the  City Clerk. Following review and approval by the City Zoning Officer and the City Engineer, the certificate may be issued.

(Ord. 86-9, passed 8-26-86; Am. Ord. 2, passed 9-26-88; Am. Ord. 4, passed 8-28-89; Am. Ord. 93-15, passed 92693)

࿙ 150.33  CITY ENGINEER TO REPORT ON ISSUANCE OR DENIAL OF CERTIFICATES. - Top of Building Regulations

 The City Engineer shall report Building and Zoning Compliance Certificates he has issued to the next regular City Council meeting and the reasons for any certificates denied.

(Ord. 86-9, passed 8-26-86)

࿙ 150.34  FEE SCHEDULE. - Top of Building Regulations

 (A) The Building and Zoning Compliance Certificate fees shall be computed as follows:

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  (1) New single-family residences $0.50 per square foot

 No maximum

  (2) All other new buildings $0.75 per square foot of floor and ground space

 No maximum

  (3) An addition to an existing single family residence more than 500 square feet and buildings and structures associated with a single family residence that are not otherwise exempt $.25 per square foot of floor space

 No maximum

  (4) Addition to an existing residence less than 500 square feet of floor space $50

  (5) Swimming  pool  (based  on  surface area)  $.10 per square foot

 No maximum

  (6) Demolition (other than interior renovation) $.20 per square foot

 No maximum

  (7) Interior renovation No fee

 (B) (1) Floor space as used in  this section includes all living space of single family residences any part of which is above grade, and all available floor space under roof of any commercial structure.

  (2) Ground space as used in this section includes all space other than floor space of a commercial project which is covered by an impervious surface, and entrances to a residential development.

 (C) Any other fees charged by duly constituted authorities shall be in addition to the fees in division (A) of this section.

 (D) After the issuance of a Building and Zoning Compliance Certificate, for the construction, reconstruction, or alteration of a structure which totals 1,500 square feet or more, and prior to delivery to the applicant, the applicant shall post with the city a cash bond (cash or cashier's check payable to the city) in the amount of $1,500, for the purpose of insuring construction of the structure for which the certificate is sought in accordance with the site plan approved by the City Engineer or Zoning Officers and tree preservation plan approved by the City Forester or his deputy. 

  (1) Upon the applicant's completion of all footings and/or foundations, the applicant shall notify either the City Engineer or Zoning Officer within five days so that the footings or foundations may be inspected for compliance to the site plan and zoning regulations.  Failure to notify the City Engineer or Zoning Officer will result in forfeiture of the cash bond.

  (2) Upon completion of construction and grading as specified on the applicant's building plans and tree preservation plan, and if there are no unpaid fines or civil penalties for violation of ordinances, the bond shall be refunded or released. Unpaid fines or civil penalties for violation of ordinances shall be set off against the bond prior to refund or release.

(Ord. 86-9, passed 8-26-86; Am. Ord. 9315, passed 92693; Am. Ord. 952, passed 2695; Am. Ord. 9516, passed 8795)  Penalty, see ࿙ 150.99

࿙ 150.35  PRESENTATION OF COPY OF CERTIFICATE TO COUNTY CODE ENFORCEMENT OFFICER. - Top of Building Regulations

 A copy of the Building and Zoning Compliance Certificate shall be presented to the Jefferson County Code Enforcement Office which shall be responsible for the examination and approval of all plans and specifications and issue building permits and in addition permits for heating, air conditioning, boiler,  refrigeration, electrical and specialized systems.

(Ord. 86-9, passed 8-26-86; Am. Ord. 4, passed 828-89; Am. Ord. 93-15, passed 9-26-93)

࿙ 150.36  DISPLAY OF CERTIFICATE AT BUILDING SITE; CONFORMANCE TO

SPECIFICATIONS REQUIRED. - Top of Building Regulations

 Building and Zoning Compliance Certificates shall be prominently displayed on the premises at the

 Building Regulations 7

building site during construction.  The performance of the construction or alteration shall conform to specifications in the application and work shall be subject to periodical and repeated inspections by the Zoning Inspector or appointed city representative. For any deviations from applicable specifications, the city shall have the authority and duty to issue a stop work order until deviations are corrected by the applicant or his contractor. Failure of the applicant to correct any deviations within 30 days shall entitle the city, at its option, to correct the deviations at the expense of the applicant or to order termination of work and cancellation of the Zoning and Compliance Certificate.

(Ord. 86-9, passed 8-26-86; Am. Ord. 4, passed 828-89; Am. Ord. 93-15, passed 9-26-93)

࿙ 150.37  EXPIRATION OF CERTIFICATE. - Top of Building Regulations

 The Building and Zoning Compliance Certificates shall expire after 270 days from the date of approval and it shall be unlawful to continue construction after expiration. 

(Ord. 86-9, passed 8-26-86; Am. Ord. 93-15, passed 92693)

࿙ 150.38  REVOCATION OF CERTIFICATE. - Top of Building Regulations

 The City Engineer, Zoning Compliance Officer, City Forester, Flood Safety Officer, and Chairperson of the Historic Preservation District Commission or anyone designated to act in the absence of the aforementioned officials, shall have the authority to revoke the Building and Zoning Compliance Certificate for any property where a violation of any ordinance of the city has been found. Notification of the revocation of the Building and Zoning Compliance Certificate shall be immediately transmitted to the Jefferson County Code Enforcement Office, and any of the aforesaid city officials, or any officer of the city Police Department, shall, upon revocation of the Building and Zoning Compliance Certificate, post on the property a stop work order.

(Ord. 86-9, passed 8-26-86; Am. Ord. 93-15, passed 92693)

࿙ 150.39  BUILDING SITE CLEAN-UP; OBSTRUCTION OF TRAFFIC FLOW. - Top of Building Regulations

 The applicant is responsible for building site cleanup upon completion of construction or upon work stoppage or cancellation of permit.  The applicant will assure that adequate traffic flow will not be obstructed and that emergency fire and safety vehicles will have freedom of movement.

(Ord. 86-9, passed 8-26-86; Am. Ord. 4, passed 828-89; Am. Ord. 93-15, passed 9-26-93)

 VIOLATIONS

࿙ 150.50  VIOLATION OF STOP WORK ORDER; CONTINUATION OF WORKS AFTER

REVOCATION OF ZONING COMPLIANCE CERTIFICATE. - Top of Building Regulations

 (A) No person shall perform work, or direct work to be performed, in violation of a stop work order issued by any officer or employee of the city empowered to issue such an order by any ordinance of the city, or statute of the Commonwealth of Kentucky.

 (B) No person shall perform work, or direct work to be performed, that requires a valid building and zoning compliance certificate, following the revocation of such certificate, and before such certificate is reinstated or reissued.

 (C) Police officers of the city who observe a violation of this section may physically arrest the violator, or, in their discretion, and in accordance with the appropriate Kentucky Revised Statutes, issue the violator a criminal citation/summons for the appearance of the violator in Jefferson District Court.

(Ord. 92-6, passed 8-24-92)  Penalty, see ࿙ 150.99

࿙ 150.99  PENALTY. - Top of Building Regulations

 (A) Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall

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be subject to a fine of up to $500, imprisonment for up to 30 days or both such fine and imprisonment.

 (B) Any person, property owner, firm, or corporation which violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of ࿙࿙ 150.01 and 150.02, or fails to comply with a notice of violation from the City Zoning Officer or City Engineer shall be fined not less than $10 nor more than $250 for each offense. Each day that the violation is permitted to exist shall constitute a separate offense.

 (C) Any person who violates any provision of the state codes adopted in ࿙ 150.01 shall be subject to the following penalties:

  (1) Violators of the State Building Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $1,000 for each offense.  (KRS 198B.990(1))

  (2) Violators of the State Standards of Safety shall, upon conviction, be subject to a fine of not less than $25 nor more than $1,000, imprisonment for not more than 60 days, or both, for each offense.  (KRS 227.990(1))

  (3) Violators of the State Plumbing Code shall, upon conviction, be subject to a fine of not less than $10 nor more than $100, imprisonment for not more than 90 days, or both, for each offense. (KRS 318.990)

 (D) Any person, corporation or firm violating any provisions of this ࿙࿙ 150.30 through 150.39 upon conviction thereof shall be guilty of a violation and fined not less than $50 nor more than $500 per violation.  Each day during which such violations continue shall be deemed and construed a separate offense.  The failure to carry out the provisions and terms  of the conditional permit shall constitute a violation of said sections and each day such a violation continues shall be deemed and construed a separate offense.  Where a violation of ࿙࿙ 150.30 through 150.39 also constitutes a violation of any chapter or section of the Kentucky Revised Statutes it shall be presumed that the laws of the

Commonwealth take precedence and the penalty for the violation thereof shall apply.

(Ord. 86-9, passed 8-26-86; Am. Ord. 4, passed 82889; Am. Ord. 93-15, passed 9-26-93)

 Building Regulations 9

 APPENDIX A:  CONSTRUCTION/TREE PRESERVATION PLAN

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 Building Regulations 11

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 Building Regulations 13

 APPENDIX B:  PERMIT TO TRENCH

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 APPENDIX C:  BUILDER'S CONTRACT BOND

 Building Regulations 15

 ZONING COMPLIANCE CERTIFICATE GUIDELINES

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CHAPTER 151:  COMPREHENSIVE PLAN - Back to Top

Section

 151.01 Adoption of by reference

࿙ 151.01  ADOPTION OF BY REFERENCE. - Top of Comprehensive Plan

 (A) The Comprehensive Plan entitled ྿Guided Growth and Redevelopment for Louisville and Jefferson County࿀ adopted by the Louisville and Jefferson County Planning Commission is hereby adopted by reference and incorporated into this code of ordinances as if fully set forth herein.  (Ord. 84-2, passed 6-25-84; Am. Ord. 97-9, passed 6-9-97)

 (B) The amendments to the Comprehensive Plan regarding the R-R, RE and R1 zoning district regulations, which were recommended for approval by the Louisville and Jefferson County Planning Commission on October 6, 1988, are hereby adopted by reference and incorporated into this code of ordinances as if fully set forth herein. (Ord. 1988-8, passed 11-28-88)

 (C) Copies of said Comprehensive Plan and all amendments to the Plan are available for public inspection during normal hours at the office of the City Clerk.

1998 S-4 17

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CHAPTER 152:  HISTORIC PRESERVATION - Back to Top

Section

 General Provisions

 Historic District Commission

 Historic Preservation Districts and Landmarks

 Approval of Changes to Property in Historic Preservation Districts

 GENERAL PROVISIONS

࿙ 152.01  INTENT AND DECLARATION OF PUBLIC POLICY. - Top of Historic Preservation

 (A) The City Council finds that the city has been damaged because of new construction that has harmed the historic and architectural character of the city notwithstanding the feasibility and desirability of designing new buildings that would be appropriate to the established character of the city.

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 (B) The Council finds that buildings having historic, architectural or cultural value have been significantly altered or destroyed notwithstanding the feasibility and desirability of preserving these buildings or altering them in an appropriate way.

 (C) The Council finds that the historic and architectural character of the city is of vital importance in maintaining the economy of the city.

 (D) The Council finds that the city of Anchorage has played an important role in the development of Jefferson County and that the history of the city is shown today through buildings representing the activities and events during its growth. The City Council finds that the city has buildings that represent the persons who live or have lived in the city during a period of more than 100 years. It is the finding of the City Council that the distinctive and significant character of the city can only be maintained by protecting and enhancing its historic, architectural and cultural heritage and by preventing unnecessary injury to its historic preservation district and its landmarks which are a civic and community asset.

 (E) The City Council finds that the federal and state governments have passed laws to protect historic districts and landmarks and that the National Historic Preservation Act was amended in 1980 to establish a certified local government program creating a new federalstatelocal partnership to encourage the efforts by cities to protect and preserve their historic districts and landmarks.

 (F) The City Council finds that this chapter and the historic preservation program benefit all the residents of the city and all the owners of property.

 (G) The City Council declares as a matter of public policy that the preservation, protection and use of historic districts and landmarks are a public necessity because they have a special character and historic, architectural, and cultural value and thus serve as visible reminders of the history and heritage of this city, state and nation. The City Council declares as a matter of public policy that this chapter is required in the interest of the health, prosperity, safety, welfare and economic well-being of the people.

(Ord. 92-9, passed 12-21-92)

࿙ 152.02  PURPOSE. - Top of Historic Preservation

 The purpose of this chapter is to effect the goals as set forth in the above findings and declarations of public policy and specifically, but not exclusively, to:

 (A) Effect and accomplish the preservation, protection and use of the Historic Preservation District and individual landmarks which have a special character and historic, architectural and cultural value to the city, state and nation;

 (B) Promote the educational, cultural, economic and general welfare of the people and safeguard the city's history and heritage as embodied and reflected in its Historic Preservation District and landmarks;

 (C) Stabilize and improve property values in such district and in the city as a whole;

 (D) Foster civic pride in the value of notable accomplishments of the past;

 (E) Strengthen the economy of the city;

 (F) Protect and enhance the city's attractions to residents and visitors; and

 (G) Enhance the visual and aesthetic character, diversity and interest of the city.

(Ord. 92-9, passed 12-21-92)

࿙ 152.03  DEFINITIONS. - Top of Historic Preservation

 For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 ALTERATION.  Any construction, replacement or change to the exterior of a building or structure when it is visible to the public. An alteration shall include a proposed sign or changes to an existing sign.

 Historic Preservation 21

 CERTIFICATE OF APPROPRIATENESS.  The permit, issued by the Historic District Commission, which gives its approval for work to be done in the Historic Preservation District or on a landmark.

 CERTIFIED LOCAL GOVERNMENT.  A government meeting the requirements of the National Historic Preservation Act and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.

 COMMISSION.  The Anchorage Historic District Commission.

 DEMOLITION.  Any act that destroys in whole or in part a landmark or a building or structure in the Historic Preservation District.

 HISTORIC PRESERVATION DISTRICT.  An area of architectural, historical or cultural significance which meets one or more of the criteria contained in ࿙࿙ 152.30 through 152.38 of this chapter and which has been designated by the city.

 LANDMARK.  A building or structure of architectural, historical or cultural significance which meets one or more of the criteria contained in ࿙࿙ 152.30 through 152.38 of this chapter and which has been designated by the city.

 NEW CONSTRUCTION.  An addition to an existing building or structure or the construction of a new build in or structure.

(Ord. 92-9, passed 12-21-92)

࿙ 152.04  NOMINATIONS TO NATIONAL REGISTER OF HISTORIC PLACES. - Top of Historic Preservation

 (A) Initiation of nominations.  To participate in the Certified Local Government program, the city shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Commission to submit recommendations on each proposed nomination to the National Register. The Mayor and the Commission shall obtain comments from the public that shall be included in their National Register recommendations. Within 60 days of the receipt of a nomination from a

private individual or the initiation of a nomination by the city, the city shall inform the Kentucky Heritage Council and the owner of the property of the two recommendations regarding the eligibility of the property. If the Mayor and the Commission do not agree, both opinions shall be forwarded in the city's report. If both the Mayor and the Commission recommend that a property not be nominated, the Kentucky Heritage Council shall inform the property owner, the Kentucky Historic Preservation Review Board and the State Historic Preservation Officer, and the property will not be nominated unless an appeal is filed with the State Historic Preservation Officer.

 (B) Review of nominations.  If the Mayor and the Commission agree that a property should be nominated or if either of them feel that a property should be nominated, the nomination will receive a preliminary review by the Kentucky Historic Preservation Review Board.  The Review Board shall make a recommendation to the State Historic Preservation Officer who decides whether to forward the nomination to the U.S. Secretary of the Interior who shall make the decision on listing the property on the National Register. The Mayor, the Commission or the property owner may appeal the final decision by the State Historic Preservation Officer.

(Ord. 92-9, passed 12-21-92)

࿙ 152.05  CONFORMITY WITH CERTIFICATE OF APPROPRIATENESS. - Top of Historic Preservation

 All work performed pursuant to a Certificate of Appropriateness shall conform to the provisions of such certificate. It shall be the responsibility of the Zoning Inspector and the Commission to inspect from time to time any work being performed to assure such compliance. In the event work is being performed which is not in accordance with such certificate, the city shall issue a stop work order. All work shall cease on the designated property.  No additional work shall be undertaken as long as such stop work order shall continue in effect. The Commission shall meet with the owner or tenant to resolve the problem. The City Attorney may seek in Circuit Court an injunction

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and any other appropriate relief in order that the intent of this chapter shall be carried out.

(Ord. 92-9, passed 12-21-92)

 HISTORIC DISTRICT COMMISSION

࿙ 152.15  ESTABLISHMENT. - Top of Historic Preservation

 There is hereby established the Anchorage Historic District Commission. The Commission shall consist of seven members appointed by the Mayor and approved by the City Council. The members shall have demonstrated interest in historic preservation, and at least two members shall have training or experience in a preservationrelated profession: architecture, history, archeology, architectural history, planning or related fields. When one or two professional members are not available, the Mayor may appoint other persons interested in historic preservation to serve. When the Commission reviews an issue that is normally evaluated by a professional member and that field is not represented by the Commission, the Commission shall seek expert advice before rendering its decision. In making appointments, the Mayor shall seek to include a member who is active in real estate. Members of the Commission shall serve without compensation, but they shall be reimbursed for expenses incurred in the performance of their duties in accordance with the rules adopted by the Commission. Each member shall attend at least one educational meeting on historic preservation per year.  This meeting shall have been approved by the State Historic Preservation Officer.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-3, passed 4593)

࿙ 152.16  TERMS OF OFFICE; VACANCIES. - Top of Historic Preservation

 The terms of office of the members shall be three years, except the terms of two members of the original Commission shall expire after two years and the terms of two members of the original Commission shall expire after one year.   Each member shall serve until the appointment and qualification of his successor.  Vacancies on the Commission shall be filled within 60 days.  When a

vacancy occurs during a term of office, it shall be filled within 60 days, and the person selected shall be appointed for the unexpired portion of the term.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-3, passed 4593)

࿙ 152.17  OFFICERS. - Top of Historic Preservation

 The Commission shall each year elect members to serve as Chairperson, Vice-Chairperson and Secretary. The Chairperson shall preside at the meetings of the Commission and shall be the spokesman for the Commission.  In his absence, the Vice-Chairperson shall perform these duties. The Secretary shall prepare the minutes of the Commission's meetings which shall be available for public inspection.

(Ord. 92-9, passed 12-21-92; Am. Od. 93-3, passed 4593)

࿙ 152.18  CONFLICT OF INTEREST. - Top of Historic Preservation

 No member of the Commission shall vote on any matter that may affect the property, income or business interest of that member.

(Ord. 92-9, passed 12-21-92)  Penalty, see ࿙ 152.99

࿙ 152.19  POWERS AND DUTIES. - Top of Historic Preservation

 (A) Specific powers.  In addition to the powers and duties stated elsewhere, the Commission shall take action necessary and appropriate to accomplish the purpose of this chapter.  These actions may include, but are not limited to, the following:

  (1) Conducting a survey of historic buildings and areas and preparing a plan for their preservation;

  (2) Recommending to the City Council the designation of Historic Preservation Districts and individual landmarks;

  (3) Adopting written guidelines for making exterior changes to designated property and for undertaking new construction on designated property;

 Historic Preservation 23

  (4) Regulating alterations visible to the public that are proposed for designated property; regulating demolitions, relocations, and new construction involving designated property;

  (5) Working with and advising the federal, state and county governments and others parts of city government;

  (6) Advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation; and

  (7) Conducting educational programs including the preparation of publications and the placing of historical markers.

 (B) Rehabilitation of buildings.  The Commission may initiate and encourage plans for the preservation and rehabilitation of individual historic buildings.  The Commission shall, on a regular basis, give recognition to owners and tenants who maintain or rehabilitate their historic buildings with care and thus contribute to the preservation of the history of the city.

 (C) Survey of historic buildings.  In making its survey of historic buildings and areas, the Commission shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Commission shall provide that its survey and preservation plan shall be maintained and continued. The Commission shall use the preservation plan to assist the city and the county in their overall planning efforts.

 (D) Meetings of the Commission.  The Commission shall adopt and make public rules for the transaction of its business and shall hold monthly public meetings and special public meetings, when necessary. All meetings shall have a previously available agenda and shall comply with the Kentucky Open Meeting Statute, KRS 61.805. A simple majority of the membership shall be required for decisions involving historic districts and landmarks.

 (E) Annual report.  The Commission shall prepare and keep on file, available for public inspection, a written annual report of its activities,

cases, decisions, qualifications of members and other work.

 (F) Right to receive and spend funds.  The Commission, in addition to any appropriations made by the city, shall have the right to receive, hold and spend funds which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky for the purpose of carrying out the provisions of this chapter.

 (G) Other duties under the Certified Local Government Program.  In the development of the Certified Local Government Program, the city may ask the Commission to perform other responsibilities that may be delegated to the city under the National Historic Preservation Act.

 (H) Assistance for the Commission.  The  Commission shall receive regular assistance in the performance of its responsibilities from the City staff. In addition, the city shall, by contract, obtain assistance on preservation matters from a professional with expertise in historic preservation, architecture, or a closely related field.

(Ord. 92-9, passed 12-21-92)

 HISTORIC PRESERVATION DISTRICTS AND LANDMARKS

࿙ 152.30  RECOMMENDATIONS AND DESIGNATIONS. - Top of Historic Preservation

 The Commission shall recommend to the City Council the designation of historic preservation districts and individual landmarks, and the City Council may make these designations by the enactment of ordinances.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.31  PUBLIC HEARINGS AND NOTICE. - Top of Historic Preservation

 To start the designation process, the Commission shall assemble information about the district or property being considered for designation and shall

24 Anchorage - Land Usage

schedule a public hearing on the proposed designation. Advertised notice of the hearing shall be given, including conspicuous posting in the proposed district or on the lot of the proposed landmark for 15 consecutive days immediately prior to the hearing. Notice shall also be given in a zoned publication serving the city.  At least 15 days prior to the public hearing written notice shall be given by certified mail to the owners of property under consideration and the owners of all adjoining property. A copy of the written notice shall also be sent to all the owners by first class mail. The Secretary of the Commission or other officer of the Commission shall certify that the notices were mailed. Written notice shall be considered sufficient when it is mailed to the person listed on the tax rolls of the city.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.32  ADOPTION OF GUIDELINES. - Top of Historic Preservation

 Before its first public hearing on a designation, the Commission shall adopt general guidelines that will apply to Historic Preservation Districts and landmarks and 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 guidelines that will apply to all designated property in the city. In its guidelines and in its decisions the Commission shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the historic districts and landmarks. The Commission may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes and submits the proposed changes to the City Council for its comments.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.33  CRITERIA FOR DESIGNATION. - Top of Historic Preservation

 A Historic Preservation District or a landmark shall qualify for designation when it meets one or more of the following criteria which shall be discussed in a Commission report making its recommendations to the City Council:

 (A) Its character 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 buildings or structures united by past events or by its plan or physical development;

 (C) Its value as a reminder of the cultural or archeological heritage of the city, state or nation;

 (D) Its location as a 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 of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.34  RECOMMENDATION AND REPORT TO CITY COUNCIL. - Top of Historic Preservation

 After evaluating the testimony at its public hearing, survey information and other material it has assembled, the Commission shall make its recommendation to the City Council with a written report on the area or property under consideration.  The report shall contain information about the

 Historic Preservation 25

buildings which have been identified for inclusion in the proposed designation. The recommendation and the report shall also be sent to the Planning Commission.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.35  REVIEW BY PLANNING COMMISSION. - Top of Historic Preservation

 The Commission shall, at the same time it submits its recommendation and report to the City Council, send them to the Louisville and Jefferson County Planning Commission and request a review and comments from the Planning Commission within 60 days based on the relationship between the proposed designation and existing and future plans for the development of the city.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.36  ACTION BY CITY COUNCIL TIME PERIOD. - Top of Historic Preservation

 The City Council shall approve, modify or disapprove the proposed designation within 60 days after receiving the recommendation and report of the Commission. The time period may be extended to 90 days if a review has been received from the Planning Commission within the initial 60 days to allow consideration of that review.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.37  NOTIFICATION OF DESIGNATION. - Top of Historic Preservation

 The Commission shall notify each owner of the decision relating to its property and shall arrange that the designation of a property as a landmark or as a part of a Historic Preservation District be filed by the County Clerk in the land records by owner's name and tax district lot and block number. The Commission shall also give notice of the designation to the government offices in the city and county which shall retain them for future reference. The Commission shall also send a map of the approved Historic Preservation District to the Planning

Commission and request the Planning Commission to make a note on the zoning map or zoning map overlay of the existence of the Historic Preservation District and make the map of it available to the public. The Commission shall also request the Planning Commission to include the approved Historic Preservation District and approved landmarks on Core Graphic 11 of the Comprehensive Plan and any amendments thereto and such new Comprehensive Plan as may thereafter be adopted.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

࿙ 152.38  AMENDMENT OR RECISION OF A DESIGNATION. - Top of Historic Preservation

 The amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.

(Ord. 92-9, passed 12-21-92; Am. Ord. 93-10, passed 6193)

 APPROVAL OF CHANGES TO PROPERTY IN HISTORIC PRESERVATION DISTRICTS

࿙ 152.50  CERTIFICATE OF APPROPRIATENESS REQUIRED. - Top of Historic Preservation

 (A) A certificate of appropriateness from the commission shall be required before a person may undertake the following actions affecting a landmark or a property in a historic preservation district:

  (1) Alteration of the exterior part of a building or structure that is visible to the public;

  (2) New construction;

  (3) Demolition; or

  (4) Relocation.

 (B) A certificate of appropriateness is required even when the proposed work does not require a building permit. When seeking a building permit from county government for a project involving designated

26 Anchorage - Land Usage

property, a person must submit a certificate of appropriateness approving any of the work listed in this division.

(Ord. 92-9, passed 12-21-92)

࿙ 152.51  APPLICATION TO COMMISSION. - Top of Historic Preservation

 A person shall be referred to the Commission by the City Clerk when he wants to undertake an exterior alteration visible to the public, new construction, demolition or relocation affecting a landmark or a property in a historic preservation district. The person shall supply the Commission with the information it requests in order to reach a decision on his application for a certificate of appropriateness. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or site and adjacent properties, and information about the building materials to be used.

(Ord. 92-9, passed 12-21-92)

࿙ 152.52  STOP WORK ORDER; INJUNCTION. - Top of Historic Preservation

 In the event work is being performed without the required certificate of appropriateness, the city shall issue a stop work order. All work shall cease on the designated property. No additional work shall be undertaken as long as such stop work order shall continue in effect. The Commission shall meet with the owner or tenant to resolve the problem. The City Attorney may seek in Circuit Court an injunction and any other appropriate relief in order that the intent of this chapter shall be carried out. The procedures authorized in this section may also be used in the event work is being performed which is not in accordance with the certificate of appropriateness issued by the Commission.

(Ord. 92-9, passed 12-21-92)  Penalty, see ࿙ 152.99

࿙ 152.53  ACTION BY HISTORIC DISTRICT COMMISSION; NOTICE TO APPLICANTS. - Top of Historic Preservation

 (A) The Commission shall hold a public hearing on each Certificate of Appropriateness within 30 days after a completed application is received by the Commission. The Commission shall make a decision

1998 S-4

on the application within 45 days after the receipt of a completed application provided that the Commission may extend the time for decision an additional 60 days when the application is for a demolition or new construction. The Commission shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and in its guidelines. Should the Commission, by majority vote, decide that the application may have significant impact on the neighborhood and/or the Historic District, in lieu of approving or disapproving the application at the public meeting, the Commission, by majority vote, may set a public hearing on the certificate of appropriateness which shall be held within 45 days of the date of the vote. The Commission may suggest modifications to an application and may then approve a certificate of appropriateness providing for revisions in the plans submitted. If the Commission fails to decide on an application within the specified time period, the application shall be deemed approved.

 (B) Applicants, and all owners of property that adjoins the property for which the certificate of appropriateness is sought, as those owners are indicated in the tax records of the city,  shall be given notice of the public meetings and hearings relating to their application and shall be informed of the Commission's decision.  When an application been approved, the applicant shall be given a certificate of appropriateness. Advertised notice of the public hearing shall be given, including conspicuous posting on the property for five consecutive days immediately prior to the hearing. Notice of a public hearing shall also be given in a zoned publication serving the city.  The Commission may include in its application fee a charge for the cost of giving notice of the public hearing.

(Ord. 92-9, passed 12-21-92; Am. Ord. 98-1, passed 2-9-98)

࿙ 152.54  GUIDELINES FOR DECIDING ON APPLICATIONS. - Top of Historic Preservation

 In making a decision on an application, the Commission shall use its guidelines. The Commission shall consider the effect of the proposed work on the landmark or the property in the historic district upon

 Historic Preservation 27

which such work is to be done, and the relationship between such work and other adjacent or nearby buildings and property.  In evaluating the effect and the relationship, the Commission shall consider historical and architectural significance, architectural style, design, texture, materials and color. The certificate from the Commission shall not relieve the applicant from complying with the requirements of other state and local laws and regulations.

(Ord. 92-9, passed 12-21-92)

࿙ 152.55  CONSULTATION WITH APPLICATIONS. - Top of Historic Preservation

 Before an applicant prepares his plans, he may bring a tentative proposal to the Commission for its comments. The Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of approving plans that will be reasonable for the applicant to carry out.

(Ord. 92-9, passed 12-21-92)

࿙ 152.56  ROUTINE ALTERATIONS; ORDINARY MAINTENANCE. - Top of Historic Preservation

 (A) The Commission shall prepare a list of routine alterations that shall receive immediate approval from the Chairperson or Vice-Chairperson of the Commission without a public meeting, when an applicant complies with the specifications of the Commission. The list shall include paint colors appropriate for different types of buildings.  At each meeting the Commission shall be informed of the certificates of appropriateness that have been issued under this provision.

 (B) Ordinary repairs and maintenance may be undertaken without a certificate of appropriateness provided this work on a landmark or a property in a historic district does not change its exterior appearance that is visible to the public.  Every person in charge of a landmark or a property in a historic district shall keep in good repair all of the exterior portions of such buildings or structures; and all interior portions thereof which, if not so maintained, may cause such buildings or structures to deteriorate

1998 S-4

or to become damaged or otherwise to fall into a state of disrepair. The purpose of this provision is to prevent a person from forcing the demolition of his building by neglecting it and by permitting damage to the building because of weather or vandalism. No provision in this chapter shall be interpreted to require an owner or tenant to undertake an alteration or to restore his building to its original appearance. The provisions of this section shall be in addition to the provisions of the Kentucky Building Code requiring buildings and structures to be kept in good repair.

(Ord. 92-9, passed 12-21-92; Am. Ord. 98-1, passed 2-9-98)  Penalty, see ࿙ 152.99

࿙ 152.57  EMERGENCY SITUATIONS. - Top of Historic Preservation

 (A) When a property is damaged by fire, a storm or other unexpected event, the owner or tenant may receive approval from the Chairperson or Vice-Chairperson of the Commission for work to be done in response to this emergency. At its next meeting the commission shall be informed of the certificate of appropriateness that was issued. In situations requiring temporary action, an owner may do work in order to protect temporarily his property from further damage provided he reports this work to the Commission within two business days.

 (B) In any case where the city determines that there are emergency conditions dangerous to life, health or property affecting a landmark or a property in a historic district, the city may order the remedying of these conditions without the approval of the Commission. When it is possible, the city shall consult with the Chairperson or Vice-Chairperson of the Commission about the action being taken. If consultation is not possible, the city shall notify the Commission of the action taken after the completion of the work.

(Ord. 92-9, passed 12-21-92)

࿙ 152.58  DEMOLITION OF LANDMARK, BUILDING OR STRUCTURE IN HISTORIC

PRESERVATION DISTRICT. - Top of Historic Preservation

 When an applicant wishes to demolish a landmark  or  a  building  or   structure in a  historic

28 Anchorage - Land Usage

preservation district, the Commission shall negotiate with the applicant to see if an alternative to demolition can be found. The Commission may ask interested individuals and organizations for assistance in seeking an alternative to demolition and in obtaining estimates on rehabilitation costs for the threatened building. After its public meeting, the Commission may decide that a building or structure in a historic district may be demolished because it does not contribute to the historic district.  On all other demolition applications, the Commission shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the historic district can be put to reasonable beneficial use without the approval of the demolition application.  In the case of an incomeproducing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his building. The Commission may ask applicants for additional information to be used in making these determinations.  If economic hardship or obtaining a reasonable return is not proved, the Commission shall deny the demolition application unless the Commission finds grounds to grant the demolition application under the points contained in ࿙ 152.54 of this chapter.

(Ord. 92-9, passed 12-21-92; Am. Ord. 98-1, passed 2-9-98)

࿙ 152.59  MOVING A LANDMARK, BUILDING OR STRUCTURE IN HISTORIC

PRESERVATION DISTRICT. - Top of Historic Preservation

 When an applicant wishes to move a landmark or a building or structure in a historic district or when an applicant wishes to move a building or structure to a lot containing a landmark or to a property in a historic district, the Commission shall consider the contribution the building or structure makes to its present setting; whether there are definite plans for the site to be vacated; whether the building or structure can be moved without significant damage to its physical integrity; and the compatibility of the building or structure to its proposed site and adjacent properties. These considerations shall be in addition to the points contained in ࿙ 152.54 of this chapter.

(Ord. 92-9, passed 12-21-92)

1998 S-4

࿙ 152.60  LENGTH OF VALIDITY OF CERTIFICATE OF APPROPRIATENESS. - Top of Historic Preservation

 A certificate of appropriateness shall remain valid for one year after it is issued. Work is required to start before the end of the one year period. If the approved work has not been completed within two years after the certificate of appropriateness was issued, the Commission shall review the situation and may require an application for a certificate of appropriateness for the work that remains to be done.

(Ord. 92-9, passed 12-21-92)

࿙ 152.61  APPEAL OF COMMISSION'S DECISION. - Top of Historic Preservation

 The applicant shall have an appeal to the Circuit Court from a decision of the Commission on an application for a certificate of appropriateness.

(Ord. 92-9, passed 12-21-92)

࿙ 152.99  PENALTY. - Top of Historic Preservation

 Any person violating any of the provisions of this chapter shall be assessed a civil penalty of $250 for each offense. Each day's violation shall constitute a separate offense.

(Ord. 92-9, passed 12-21-92)

 Historic Preservation 29

 APPENDIX A:  GUIDELINES FOR PUBLIC IMPROVEMENT WITHIN THE HISTORIC

 PRESERVATION DISTRICT

30 Anchorage - Land Usage

 Historic Preservation 31

32 Anchorage - Land Usage

 Historic Preservation 33

 APPENDIX B:  HISTORIC PRESERVATION DISTRICT MAP

34 Anchorage - Land Usage

 APPENDIX C:  APPLICATION FOR CERTIFICATE OF APPROPRIATENESS

 Historic Preservation 35

 APPENDIX D:  CERTIFICATE OF APPROPRIATENESS

36 Anchorage - Land Usage