CHAPTER 140:
THE NEW CASTLE HISTORIC PRESERVATION BOARD AND AUTHORIZING THE DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS AND THE REGULATION OF CHANGES TO PROPERTY IN HISTORIC DISTRICTS AND LANDMARKS.
CHAPTER 140: THE NEW CASTLE HISTORIC PRESERVATION BOARD AND AUTHORIZING THE DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS AND THE REGULATION OF CHANGES TO PROPERTY IN HISTORIC DISTRICTS AND LANDMARKS.
Section
140.01 Purpose and declaration of public policy
140.02 Definitions
140.03 Preservation board
140.04 Powers and duties of the board
140.05 Designation of preservation districts and landmarks
140.06 Approval of the changes to landmarks, landmark sites, and property
in preservation districts
140.07 Maintenance and repair of the landmarks, landmark sites and property in
historic districts
140.08 Penalties
140.09 Nominations to the national register of historic places
140.10 Moratorium
140.11 Severability
140.12 Effective date
§ 140.01 PURPOSE AND DECLARATION OF PUBLIC POLICY.
(A) The City Commission finds that there is concern about the future of the central business district and other neighborhoods and areas of the City of New Castle and that the City has begun a Main Street Program in cooperation with the State government to help the central business district.
(B) The City Commission finds that many buildings having historic, architectural, aesthetic, or cultural interest and value have been neglected, altered, or destroyed, notwithstanding the feasibility and desirability of preserving and continuing the use of such buildings and without adequate consideration of the irreplaceable loss to the people of the city.
(C) The City Commission finds that the central business district and other neighborhoods and areas of the City have been damaged and have deteriorated or are threatened because of new construction, demolitions, alterations, and relocations that have harmed or will harm the historic and architectural character of the central
business district and these neighborhoods and areas notwithstanding the feasibility and desirability of preserving and improving these neighborhoods and areas through appropriate actions.
(D) The City Commission finds that the historic character of the central business district is of vital importance in maintaining the economy of the city.
(E) The City Commission finds that New Castle has played an important role in the development of Kentucky and that this growth is shown today through buildings representing the activity as a governmental, agricultural and commercial center. The City Commission finds that the city has buildings, historic sites, and areas that represent the persons who live and work or have lived and worked in New Castle during its history. It is the finding of the City Commission that the distinctive and significant character of this city can only be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its landmarks and historic districts which are civic and community assets.
(F) The City Commission finds that the Federal and Kentucky governments have passed laws to protect and preserve landmarks and historic districts, to allow cities to create overlay districts, that some of these laws provide incentives for historic preservation and that the National Historic Preservation Act was amended in 1980 to create a Certified Local Government program establishing a new federal-state-local partnership to encourage the efforts by cities to protect and preserve their landmarks and historic districts.
(G) The City Commission finds that this ordinance benefits all the residents of New Castle and all the owners of property therein.
(H) The City Commission declares as a matter of public policy that the preservation, protection, perpetuation, and use of landmarks and historic districts is a public necessity because they have a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of this City, state and nation. The Board declares as a matter of public policy that this ordinance is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people.
(I) The purpose of the Ordinance is to effect the goals as set forth in the above findings and declarations of the public policy and specifically, but not exclusively, to:
(1) Effect and accomplish the preservation, protection, perpetuation, and use of historic districts, landmarks, and landmark sites having a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value to the City, state, and nation;
(2) Promote the educational, culture, economic, and general welfare of the people and safeguard the City’s history and heritage as embodied and reflected in such landmarks, sites, and districts;
(3) Stabilize and improve property values in such districts and in the City as a whole;
(4) Foster civic pride in the value of notable accomplishments of the past; strengthen the economy of the City;
(5) Protect and enhance the City’s attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry; and
(6) Enhance the visual and aesthetic character, diversity, and interest of
the City;
(7) Supplement the provisions of existing ordinances of the City relating
to property nuisances and unsafe housing, but not to conflict with or supercede those ordinances.
§ 140.02 DEFINITIONS
As used in this ordinance, the following terms shall mean:
(A) Alteration: Any construction, replacement or remodeling on a building or structure which changes the exterior structural parts, the location of exterior openings or the exterior appearance of the building structure. An alteration may include proposed sign or changes to an existing sign, the painting of any building, the
installation of a fence visible to the public, or the cutting down of a tree that is visible to the public.
(B) Alteration of Distinctive Architectural Features: The physical characteristics of a building or structure which contribute to its status as a landmark.
(C) Board: The New Castle Preservation Board.
(D) Building: Any structure designed or constructed for residential, commercial, industrial, agricultural or other use.
(E) Certificate of Appropriateness: The permit, issued by the Board, which gives its approval for work or demolition to be done in a preservation district or on a landmark.
(F) Certified Local Government: A government meeting the requirements of the National Historic Preservation Amendments Act of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
(G) City Commission: The New Castle Commission.
(H) Demolition: Any act that destroys in whole or in part a landmark or a building or structure in a preservation district or on a landmark site.
(I) Demolition by Neglect: Neglect in maintenance, repairing or securing a building or the loss of the structural integrity of a building.
(J) Designed property: A landmark or building or structure in a preservation district. Designated property shall include all lots within a preservation district and the entire lot containing a landmark.
(K) Preservation District: An area within the City of New Castle meeting one or more of the criteria contained in § 140.05 (E) of this ordinance and designated by the City Commission as a Preservation District.
(L) Landmark: A building, structure, or site within the City of New Castle eligible for nomination to the National Register of Historic Places and, with the consent of the owner, designated by the City Commission as a landmark(Ord. #05-07; 10/12/05)
(M) Landmark Site: The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises, or the setting for a landmark.
(N) Major Structural Change: Structural alterations and structural repairs made within any twelve (12) month period costing in excess of fifty percent (50%) of the physical value of the structure, as determined by comparison of the extent/value of the alterations involved and the replacement value of the structure at the time the plans for the alteration are approved, using the Building Officials Conference of America (BOCA) chart for construction cost.
(O) New Construction: The act of adding to an existing building or structure or constructing a new building or structure.
(P) Ordinary Maintenance and Repairs: Any work, the purpose of which is to correct deterioration or to prevent the deterioration of a landmark or building or structure in a preservation district. Such work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance and shall involve the use of the same building materials or available materials that are as close as possible to the original. Work that changes the external appearance of a property shall be considered an alteration for purposes of this ordinance.
(Q) Structure: Anything constructed or erected, the use of the ground, including (but not limiting the generality of the foregoing) barns, smokestacks, advertising signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, radio and television antenna, solar collectors, microwave antenna, including the supporting towers, roads, ruins or remnants (including foundations), swimming pools or walkways. (Ord. # 03-07; 6/2/03)
§ 140.03 PRESERVATION BOARD
(A) There is hereby established the New Castle Preservation Board. The Board shall consist of five members appointed by the Mayor and approved by the City Commission. The Mayor shall seek to appoint members who shall have demonstrated interest in historic preservation, or have training or experience in a preservation related profession, architecture, history, archaeology, architectural history, planning, or a related field. Two members of the Board shall own property within the City. When the Board reviews an issue that may normally be evaluated by a professional,
and that professional field is not represented on the Board, the Board may seek expert advice before rendering its decision. Members of the Board 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 Board.
(B) The terms of office of the members shall be three years, except the terms of two members of the original board shall expire after two years and the terms of two members of the original board shall expire after one year. Each member shall serve until the appointment and qualification of his successor. 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.
(C) The Board shall each year elect members to serve as Chairman and Vice Chairman. A member of the Board designated by the Board shall prepare the minutes of its meetings which shall be held monthly unless there is no business to be transacted. Nothing herein shall preclude special meetings of the Board to be called by the Chairman as necessary. The board shall adopt rules for conducting its meetings.
(D) The Board shall be subject to the open meetings and open records law (KRS 61.800, et. Seq. and 61.870, et. Seq.) of the commonwealth.
(E) A simple majority of the Board shall be required for any action of the Board.
(F) No member of the Board shall vote on any matter that may affect the property, income, or business interest of that member or his or her immediate family.
(G) The Board, in addition to any appropriations made by the City of New Castle, 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 ordinance.
§ 140.04 POWERS AND DUTIES OF THE BOARD
(A) In addition to the powers and duties stated elsewhere, the Board shall take action necessary and appropriate to accomplish the purpose of this ordinance. The Board shall, with the assistance of the City, survey and inventory properties for the purposes of preparing a plan for their preservation, recommending the designation of preservation districts and the individual landmarks, regulating changes to designated
property including that property to which proposed alterations are visible to the public, demolitions, relocations, and new construction, adopting guidelines for exterior changes to designated property, and for undertaking new construction on designated property, working with and advising the federal, state, and county governments and other agencies of city government, and advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation. In addition, these actions may include initiating plans for the preservation and rehabilitation of individual buildings and undertaking educational programs including the preparation of publications and the placing of historic markers.
(B) In making its survey of buildings and areas, the Board shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Board shall provide that its survey and preservation plan shall be maintained and continued. The Board shall use the preservation plan to assist the City in its overall planning efforts.
§ 140.05 DESIGNATION OF PRESERVATION DISTRICTS AND LANDMARKS
(A) The Board shall recommend to the City Commission the designation of individual landmarks and preservation districts, and the City Commission may establish these landmarks and districts by ordinance enacted in accordance with
KRS 82.650, et seq.
(B) Consideration for designation as a preservation district or landmark may be initiated by the Board or by the filing of an application for designation by a property owner, a resident of New Castle or any organization in New Castle. A person or an organization proposing a designation shall provide the Board with the names and addresses of the owners of the affected property or properties and the owners of all adjoining property.
(C) The Board shall gather and compile information about an area or property to be considered for designation as a preservation district or landmark and shall schedule a public hearing on the proposed designation. Notice of that public hearing shall be provided by advertisement in the newspaper with the largest circulation in the county.
(D) Prior to its first public hearing on a designation the Board shall adopt general guidelines that will apply to New Castle’s landmarks and preservation districts and
will assist owners in the preservation and rehabilitation of their property. The general guidelines shall include the Secretary of the Interior’s standards for Rehabilitation Guidelines for Rehabilitation Historic Buildings and other guidelines that will apply to all designated property in the City. Before each public hearing on a designation the Board may adopt additional guidelines that will supplement the general guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the preservation district. The guidelines shall suggest changes that would be appropriate for landmarks or for property in preservation districts. After a designation the Board may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes in accordance with this ordinance.
(E) A landmark or preservation district shall qualify for designation when it meets one or more of the following criteria which shall be set out in the Board report making its recommendations to the City Commission:
(1) Its value as a reminder of the cultural or archaeological 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 its architecture significance;
(6) Its distinguishing characteristics of an architectural style valuable for the
study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant
concentration or continuity of sites, buildings, objects, or structures united
by past events or aesthetically by plan or physical development; or
(8) Its character as an established and geographically definable neighborhood,
united by culture, architectural style, or physical plan and development.
(F) After evaluating the testimony at public hearing, survey information, and other material it has assembled, the Board shall make its recommendation to the City Commission with a written report on the property or area under consideration for designations as landmarks or as a preservation district.
(G) The Board shall then deliver its proposed designation t the Henry County Planning & Zoning Commission which shall be asked to review the proposed designation for any nonconformance between the proposed designation and the Comprehensive Plan, the Henry County Zoning Ordinance and Subdivision Regulations. In the event of any apparent non-conformance, the Planning & Zoning Commission shall be requested to provide recommendations to the Board for their elimination. If none is apparent, the Planning & Zoning Commission shall be requested to prepare the proposed district boundary or landmark site as an overlay to the zoning map. Properties in a preservation district or landmark site shall be subject to the Henry County Zoning Ordinance and Subdivision Regulations and other rules of its underlying zoning district. Upon establishment of an overlay district, all rehabilitation, maintenance and development within the overlay district shall conform to all zoning regulations applicable to the district as well as the regulations of the Board. Where there is a conflict between the County Zoning Ordinance or Subdivision Regulations and the Regulations of the Board, the higher standard shall control.
(H) The City Commission shall approve, modify, or disapprove of the proposed designation within sixty (60) days after receiving the recommendation of the Board. Prior to the adoption of a ordinance establishing a preservation district or landmark, the City Commission shall hold a public hearing and notice of that hearing shall be provided pursuant to Chapter 424 of the Kentucky Revised Statutes and shall be given not less than seven (7) days nor more than twenty-one (21) days before said hearing. At least fifteen (15) days prior to the public hearing written notice shall be given by first class mail to the owners of the property under consideration. Records of the county property valuation administrator may be relied upon to determine the identities and addresses of the property owners. (Ord. # 02-15; 1/15/03)
(I) The City Commission shall notify each property owner of the designation relating to his or her property and shall arrange that the designation of a property as a landmark or as a part of a preservation district be recorded in the office of the County
Clerk. The Board shall request that fees be waived for the City documents recording the designations.
(J) An amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(K) An overlay district (pursuant to KRS 82.605 et seq.) is hereby established consisting of that area as described in the map which is attached hereto and incorporated by reference herein as if fully set out.
(Ord. # 03-09; 7/23/03) (Ord.#05-07; 10/12/05)
(L) That the standards, guidelines and criteria that shall govern changes to properties within the district and to individual landmarks shall be the “New Castle Preservation District Design Guidelines” dated May 12,2003, consisting of seventeen (17) pages and which is attached hereto and incorporated by reference herein as if fully set out. (Ord. #03-09; 7-23-03)
§ 140.06 APPROVAL OF CHANGES TO LANDMARKS. LANDMARK SITES, ANF PROPERTY IN PRESERVATION DISTRICTS
Procedure For Obtaining Certificate
(A) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actins affecting property in a preservation district:
(1) Alteration;
(2) New construction;
(3) Demolition; or
(4) Relocation
(B) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actions affecting a landmark or a landmark site.
(1) Alteration of Distinctive Architectural Features.
(2) Demolition
(C) The City shall forward to the Board every applicant for a permit that would authorize an exterior alteration visible to the public, new construction, demolition, or relocation affecting property in a preservation district or that would authorize an
alteration of distinctive architectural features or a demolition affecting a landmark or a landmark site. The City shall give the applicant a form from the Board requesting additional information from the applicant. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used.
(D) The Board shall hold a public hearing on each Certificate of Appropriateness within thirty (30) days after a completed application is received by the Board. The Board shall make a decision on the application within forty-five (45) days after the receipt of a completed application, provided that the Board may extend the time for decision an additional sixty (60) days when the application is for demolition or new construction. The Board shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and its guidelines. The Board may suggest modifications to an application and may then approve a Certificate of Appropriateness providing for revisions in the plans submitted. If the Board fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Board’s decision. Advertised notice of the hearing shall be given, including conspicuous posting on the property.
(E) In making a decision on an applicant, the Board shall use the general guidelines and the guidelines it has adopted for that landmark or preservation district. The Board shall consider: (1) the effect of the proposed work on the landmark or the property upon which such work and other structures on the landmark site or other property in the preservation district and (2) the relationship between such work and other adjacent or nearby buildings and property. In evaluating the effect and the relationship, the Board shall consider historical and architectural significance, architectural style, design, arrangement, texture, materials, and color. The certificate from the Board shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(F) In making a decision on an application, the Board shall be aware of the importance of finding a way to meet the current needs of the applicant. In the event that compliance with the guidelines creates an undue economic hardship on an applicant, the Board may grand an exemption to the applicant. The Board shall adopt procedures for applicants who wish to seek an undue economic hardship exemption.
(G) Any person aggrieved by action taken by the Board shall first appeal that action in writing to the City Commission within thirty (30) days thereof. The decision of the City Commission on the appeal shall be in writing and may be appealed to the Henry Circuit Court. Any appeal from the decision of the City Commission shall be taken within thirty (30) days of the date of the decision of the City Commission.
(H) Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided this work on property in a preservation district does not change its exterior appearance that is visible to the public or, if a landmark, does not constitute the alteration of a distinctive architectural feature.
(I) All work performed pursuant to a Certificate of Appropriateness shall conform to the provisions of such Certificate. The City or its agents may 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 or without the appropriate Certificate of Appropriateness, the Police Chief or the City Clerk shall issue a Stop Work Order and any law enforcement officer may cite violators in District Court. 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 City may apply in Circuit Court for an injunction to enforce its Stop Work Order.
Alterations
(J) When a person wishes to undertake an alteration affecting property in a preservation district, that person shall apply directly to the Board for a Certificate of Appropriateness. The Board may also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Board for its comments. The Board shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Board.
Demolition
(K) When an applicant wishes to demolish a landmark, a building or a structure on a landmark site, or a building or structure in a preservation district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board 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 hearing, the Board may decide that a building or
structure in a preservation district or on a landmark site may be demolished because it does not contribute to the preservation district or to the landmark. On all other demolition applicants, the Board shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the preservation district can be put to reasonable beneficial use without the approval of the demolition applicant. In the case of an income-producing building, the Board shall also determine whether the applicant can obtain a reasonable return from this existing building. The Board may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in Section 140.06 (D). If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition applicant unless the Board finds grounds to grant the demolition applicant under the points contained in Section 140.06(D).
Relocation
(L) When the applicant wishes to move a building or structure in a preservation district, or wishes to move a building or structure to a landmark site or to a property in a preservation district, the Board shall consider:
(1) The contribution the building or structure makes to its present setting;
(2) Whether there are definite plans for the site to be vacated;
(3) Whether the building or structure can be moved without significant damage to its physical integrity; and
(4) 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 Section 140.06(D).
Signs
(M) In reviewing applications involving signs, the Board shall use guidelines it has prepared that have been approved by the City Commission. Owners and tenants shall apply to the Board before their signs are made.
Emergency Conditions
(N) An owner shall immediately notify the City of emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a preservation district, and the owner shall promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(O) In any case where the City determines that there are emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a preservation district, it may order the remedying of these conditions without the approval of the Board. The City shall promptly notify the Chairman of the Board of the action being taken.
§ 140.07 MAINTENANCE AND REPAIR OF THE LANDMARKS, LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
(A) Every person who owns or is in charge of a landmark, a landmark site, or a property in a preservation district shall keep in good repair: (1) all of the exterior portions of such buildings or structures; and (2) all interior portions thereof which, if not so maintained, may cause such buildings or structure to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his building by neglecting it and permitting damage to the building by weather or vandalism. No provision in this subsection shall be interpreted to require an owner or tenant to undertake an alteration or to restore his building to its original appearance.
(B) (1) All buildings within a preservation district or within a landmark site easily
visible from a street with deteriorated, peeling or blistered or dirty and faded
painted surfaces shall be painted on or before October 31, 2005. All such
buildings which have unpainted brick or stone surfaces which are covered
with soot or dirt shall be cleaned by proper cleaning methods on or before
October 31, 2005. (Ord. 02-15; 1/15/03; and Ord. # 04-08; 12/16/04)
(2) All buildings within a preservation district or a landmark site requiring
painting shall be painted at least every five (5) years unless the existing paint
is in a state of good repair and condition. All such buildings not requiring
painting, (i.e. non-painted brick and stone buildings) shall be cleaned at least
once every ten (10) years unless the existing masonry surfaces are clean and
in a state of good repair and condition.
(3) All structural and decorative elements of building fronts and other portions of
buildings within a preservation district or landmark site easily visible from a
street, and regulated by the design guidelines adopted by the city which are in
a state of deterioration or disrepair shall be repaired or replaced in a workman-
like manner to match as closely as possible the original material and
construction techniques on or before October 31, 2005.
(Ord. 02-15; 1/15/03)(Ord. #04-08; 12/16/04)
(4) Windows on the fronts of buildings within a preservation district or landmark
site or easily visible from a street and regulated by the design guidelines
adopted by the city shall not be boarded up except during construction or
during a period of repair or periodic maintenance. If it is necessary to close an
opening with brick, the brick used for closing must match as closely as
possible the existing brick, unless the building is to be painted. All such
boarding shall be removed on or before October 31, 2005.
(Ord. # 04-08; 12/16/04)
(C) The Board shall request a meeting with a property owner when his landmark or his building in a preservation district is in poor repair, and the Board shall discuss with the owner ways to improve the condition of his property. After this step the Board may request the City to take action to require correction of defects in any building or structure designated under this Ordinance so that such building or structure shall be preserved in accordance with the purposes of this Ordinance. The action taken by the City may include securing the doors, windows, and other parts of the building and additional steps to stabilize walls, roofs, and other parts of a building. (Ord. # 02-15; 1/15/03)
(D) The board shall request a meeting with the owner of each vacant lot in a preservation district, and the Board shall discuss with each owner ways to maintain the vacant lot so that it will contribute to the preservation of the preservation district. The Board may prepare plans to improve the appearance of a vacant lot in the preservation district.
(E) The provisions of this section shall be in addition to all other provision of the Kentucky Building Code requiring buildings and structures to be kept in good repair.
§ 140.08 PENALITIES
(A) Any person violating § 140.06 (K) shall be subject to one or more of the following penalties:
(1) The forfeiture to the City of the real estate upon which the demolished
building or structure was located;
(2) The denial of a building permit for new construction upon the subject
Real estate for a period of up to five (5) years, or
(3) A fine not to exceed the cost of reconstructing the demolished building or
structure.
(B) Upon a finding by and recommendation of the Board that a building or structure within the preservation district or on a landmark site is threatened with demolition by neglect (§ 140.07 (A)), the Commission may require the owner of the property t repair all conditions contributing to the demolition by neglect. If such repairs are not made within a reasonable time, the City may make such repairs as are necessary to correct the demolition by neglect in accordance with the city’s nuisance abatement procedure.
(C) Any person violating any other provisions of this chapter shall be fined not less than twenty-five ($25) dollars, nor more than fifty ($50) dollars for each offense. Each day’s violation shall constitute a separate offense.
§ 140.09 NOMIINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES
(A) To participate in Certifies Local Government program, the City shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Board to submit recommendations an each proposed nomination to the National Register. The mayor and the Board shall obtain comments from the public that shall be included in their National Register recommendations. Within sixty (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 Board do not agree, both opinions shall be forwarded in the City’s report. If both the Mayor and the Board
recommended that a property not be nominated, the Kentucky Heritage Council shall inform the property owner, the state 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) If either or both the Mayor and the Board agree 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 Board, or the property owner may appeal the final decision by the State Historic Preservation Officer.
(C) 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.
§140.10 MORATORIUM
No person shall, within four hundred eighty five (485) days one year of the effective date of this ordinance or until the effective date of the first ordinance of the City establishing a preservation district, which ever is sooner, undertake new construction, a major structural change or the demolition of a building or structure within the City without the consent of the City. This prohibition shall not apply to emergency repairs or ordinary maintenance and repairs as defined in this ordinance.
(ORD. # 03-07; 6/2/03)
§ 140.11 SEVERABILITY
If any part of this Ordinance shall be declared void or unconstitutional, the remaining provisions shall continue to have full force and effect.
§ 140.12 EFFECTIVE DATE
This Ordinance shall take effect immediately upon passage by the City of New Castle. (Ord. # 02-03; 3/20/2002)
Section
140.01 Purpose and declaration of public policy
140.02 Definitions
140.03 Preservation board
140.04 Powers and duties of the board
140.05 Designation of preservation districts and landmarks
140.06 Approval of the changes to landmarks, landmark sites, and property
in preservation districts
140.07 Maintenance and repair of the landmarks, landmark sites and property in
historic districts
140.08 Penalties
140.09 Nominations to the national register of historic places
140.10 Moratorium
140.11 Severability
140.12 Effective date
§ 140.01 PURPOSE AND DECLARATION OF PUBLIC POLICY.
(A) The City Commission finds that there is concern about the future of the central business district and other neighborhoods and areas of the City of New Castle and that the City has begun a Main Street Program in cooperation with the State government to help the central business district.
(B) The City Commission finds that many buildings having historic, architectural, aesthetic, or cultural interest and value have been neglected, altered, or destroyed, notwithstanding the feasibility and desirability of preserving and continuing the use of such buildings and without adequate consideration of the irreplaceable loss to the people of the city.
(C) The City Commission finds that the central business district and other neighborhoods and areas of the City have been damaged and have deteriorated or are threatened because of new construction, demolitions, alterations, and relocations that have harmed or will harm the historic and architectural character of the central
business district and these neighborhoods and areas notwithstanding the feasibility and desirability of preserving and improving these neighborhoods and areas through appropriate actions.
(D) The City Commission finds that the historic character of the central business district is of vital importance in maintaining the economy of the city.
(E) The City Commission finds that New Castle has played an important role in the development of Kentucky and that this growth is shown today through buildings representing the activity as a governmental, agricultural and commercial center. The City Commission finds that the city has buildings, historic sites, and areas that represent the persons who live and work or have lived and worked in New Castle during its history. It is the finding of the City Commission that the distinctive and significant character of this city can only be maintained by protecting and enhancing its historic, architectural, aesthetic, and cultural heritage and by preventing unnecessary injury or destruction of its landmarks and historic districts which are civic and community assets.
(F) The City Commission finds that the Federal and Kentucky governments have passed laws to protect and preserve landmarks and historic districts, to allow cities to create overlay districts, that some of these laws provide incentives for historic preservation and that the National Historic Preservation Act was amended in 1980 to create a Certified Local Government program establishing a new federal-state-local partnership to encourage the efforts by cities to protect and preserve their landmarks and historic districts.
(G) The City Commission finds that this ordinance benefits all the residents of New Castle and all the owners of property therein.
(H) The City Commission declares as a matter of public policy that the preservation, protection, perpetuation, and use of landmarks and historic districts is a public necessity because they have a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value and thus serve as visible reminders of the history and heritage of this City, state and nation. The Board declares as a matter of public policy that this ordinance is required in the interest of the health, prosperity, safety, welfare, and economic well-being of the people.
(I) The purpose of the Ordinance is to effect the goals as set forth in the above findings and declarations of the public policy and specifically, but not exclusively, to:
(1) Effect and accomplish the preservation, protection, perpetuation, and use of historic districts, landmarks, and landmark sites having a special or distinctive character or a special historic, architectural, aesthetic, or cultural interest and value to the City, state, and nation;
(2) Promote the educational, culture, economic, and general welfare of the people and safeguard the City’s history and heritage as embodied and reflected in such landmarks, sites, and districts;
(3) Stabilize and improve property values in such districts and in the City as a whole;
(4) Foster civic pride in the value of notable accomplishments of the past; strengthen the economy of the City;
(5) Protect and enhance the City’s attractions to residents, tourists, and visitors and serve as a support and stimulus to business and industry; and
(6) Enhance the visual and aesthetic character, diversity, and interest of
the City;
(7) Supplement the provisions of existing ordinances of the City relating
to property nuisances and unsafe housing, but not to conflict with or supercede those ordinances.
§ 140.02 DEFINITIONS
As used in this ordinance, the following terms shall mean:
(A) Alteration: Any construction, replacement or remodeling on a building or structure which changes the exterior structural parts, the location of exterior openings or the exterior appearance of the building structure. An alteration may include proposed sign or changes to an existing sign, the painting of any building, the
installation of a fence visible to the public, or the cutting down of a tree that is visible to the public.
(B) Alteration of Distinctive Architectural Features: The physical characteristics of a building or structure which contribute to its status as a landmark.
(C) Board: The New Castle Preservation Board.
(D) Building: Any structure designed or constructed for residential, commercial, industrial, agricultural or other use.
(E) Certificate of Appropriateness: The permit, issued by the Board, which gives its approval for work or demolition to be done in a preservation district or on a landmark.
(F) Certified Local Government: A government meeting the requirements of the National Historic Preservation Amendments Act of 1980 (P.L. 96-515) and the implementing regulations of the U.S. Department of the Interior and the Kentucky Heritage Council.
(G) City Commission: The New Castle Commission.
(H) Demolition: Any act that destroys in whole or in part a landmark or a building or structure in a preservation district or on a landmark site.
(I) Demolition by Neglect: Neglect in maintenance, repairing or securing a building or the loss of the structural integrity of a building.
(J) Designed property: A landmark or building or structure in a preservation district. Designated property shall include all lots within a preservation district and the entire lot containing a landmark.
(K) Preservation District: An area within the City of New Castle meeting one or more of the criteria contained in § 140.05 (E) of this ordinance and designated by the City Commission as a Preservation District.
(L) Landmark: A building, structure, or site within the City of New Castle eligible for nomination to the National Register of Historic Places and, with the consent of the owner, designated by the City Commission as a landmark(Ord. #05-07; 10/12/05)
(M) Landmark Site: The land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises, or the setting for a landmark.
(N) Major Structural Change: Structural alterations and structural repairs made within any twelve (12) month period costing in excess of fifty percent (50%) of the physical value of the structure, as determined by comparison of the extent/value of the alterations involved and the replacement value of the structure at the time the plans for the alteration are approved, using the Building Officials Conference of America (BOCA) chart for construction cost.
(O) New Construction: The act of adding to an existing building or structure or constructing a new building or structure.
(P) Ordinary Maintenance and Repairs: Any work, the purpose of which is to correct deterioration or to prevent the deterioration of a landmark or building or structure in a preservation district. Such work shall restore the property to its appearance prior to deterioration or shall result in the protection of its present appearance and shall involve the use of the same building materials or available materials that are as close as possible to the original. Work that changes the external appearance of a property shall be considered an alteration for purposes of this ordinance.
(Q) Structure: Anything constructed or erected, the use of the ground, including (but not limiting the generality of the foregoing) barns, smokestacks, advertising signs, billboards, backstops for tennis courts, bridges, fences, pergolas, gazebos, radio and television antenna, solar collectors, microwave antenna, including the supporting towers, roads, ruins or remnants (including foundations), swimming pools or walkways. (Ord. # 03-07; 6/2/03)
§ 140.03 PRESERVATION BOARD
(A) There is hereby established the New Castle Preservation Board. The Board shall consist of five members appointed by the Mayor and approved by the City Commission. The Mayor shall seek to appoint members who shall have demonstrated interest in historic preservation, or have training or experience in a preservation related profession, architecture, history, archaeology, architectural history, planning, or a related field. Two members of the Board shall own property within the City. When the Board reviews an issue that may normally be evaluated by a professional,
and that professional field is not represented on the Board, the Board may seek expert advice before rendering its decision. Members of the Board 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 Board.
(B) The terms of office of the members shall be three years, except the terms of two members of the original board shall expire after two years and the terms of two members of the original board shall expire after one year. Each member shall serve until the appointment and qualification of his successor. 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.
(C) The Board shall each year elect members to serve as Chairman and Vice Chairman. A member of the Board designated by the Board shall prepare the minutes of its meetings which shall be held monthly unless there is no business to be transacted. Nothing herein shall preclude special meetings of the Board to be called by the Chairman as necessary. The board shall adopt rules for conducting its meetings.
(D) The Board shall be subject to the open meetings and open records law (KRS 61.800, et. Seq. and 61.870, et. Seq.) of the commonwealth.
(E) A simple majority of the Board shall be required for any action of the Board.
(F) No member of the Board shall vote on any matter that may affect the property, income, or business interest of that member or his or her immediate family.
(G) The Board, in addition to any appropriations made by the City of New Castle, 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 ordinance.
§ 140.04 POWERS AND DUTIES OF THE BOARD
(A) In addition to the powers and duties stated elsewhere, the Board shall take action necessary and appropriate to accomplish the purpose of this ordinance. The Board shall, with the assistance of the City, survey and inventory properties for the purposes of preparing a plan for their preservation, recommending the designation of preservation districts and the individual landmarks, regulating changes to designated
property including that property to which proposed alterations are visible to the public, demolitions, relocations, and new construction, adopting guidelines for exterior changes to designated property, and for undertaking new construction on designated property, working with and advising the federal, state, and county governments and other agencies of city government, and advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation. In addition, these actions may include initiating plans for the preservation and rehabilitation of individual buildings and undertaking educational programs including the preparation of publications and the placing of historic markers.
(B) In making its survey of buildings and areas, the Board shall conduct this work in accordance with the guidelines of the Kentucky Heritage Council. The Board shall provide that its survey and preservation plan shall be maintained and continued. The Board shall use the preservation plan to assist the City in its overall planning efforts.
§ 140.05 DESIGNATION OF PRESERVATION DISTRICTS AND LANDMARKS
(A) The Board shall recommend to the City Commission the designation of individual landmarks and preservation districts, and the City Commission may establish these landmarks and districts by ordinance enacted in accordance with
KRS 82.650, et seq.
(B) Consideration for designation as a preservation district or landmark may be initiated by the Board or by the filing of an application for designation by a property owner, a resident of New Castle or any organization in New Castle. A person or an organization proposing a designation shall provide the Board with the names and addresses of the owners of the affected property or properties and the owners of all adjoining property.
(C) The Board shall gather and compile information about an area or property to be considered for designation as a preservation district or landmark and shall schedule a public hearing on the proposed designation. Notice of that public hearing shall be provided by advertisement in the newspaper with the largest circulation in the county.
(D) Prior to its first public hearing on a designation the Board shall adopt general guidelines that will apply to New Castle’s landmarks and preservation districts and
will assist owners in the preservation and rehabilitation of their property. The general guidelines shall include the Secretary of the Interior’s standards for Rehabilitation Guidelines for Rehabilitation Historic Buildings and other guidelines that will apply to all designated property in the City. Before each public hearing on a designation the Board may adopt additional guidelines that will supplement the general guidelines and will apply to the property under consideration if it is designated. The guidelines shall not limit new construction to any one architectural style but shall seek to preserve the character and integrity of the landmark or the preservation district. The guidelines shall suggest changes that would be appropriate for landmarks or for property in preservation districts. After a designation the Board may expand or amend the guidelines it has adopted provided it holds a public hearing on the changes in accordance with this ordinance.
(E) A landmark or preservation district shall qualify for designation when it meets one or more of the following criteria which shall be set out in the Board report making its recommendations to the City Commission:
(1) Its value as a reminder of the cultural or archaeological 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 its architecture significance;
(6) Its distinguishing characteristics of an architectural style valuable for the
study of a period, method of construction, or use of indigenous materials;
(7) Its character as a geographically definable area possessing a significant
concentration or continuity of sites, buildings, objects, or structures united
by past events or aesthetically by plan or physical development; or
(8) Its character as an established and geographically definable neighborhood,
united by culture, architectural style, or physical plan and development.
(F) After evaluating the testimony at public hearing, survey information, and other material it has assembled, the Board shall make its recommendation to the City Commission with a written report on the property or area under consideration for designations as landmarks or as a preservation district.
(G) The Board shall then deliver its proposed designation t the Henry County Planning & Zoning Commission which shall be asked to review the proposed designation for any nonconformance between the proposed designation and the Comprehensive Plan, the Henry County Zoning Ordinance and Subdivision Regulations. In the event of any apparent non-conformance, the Planning & Zoning Commission shall be requested to provide recommendations to the Board for their elimination. If none is apparent, the Planning & Zoning Commission shall be requested to prepare the proposed district boundary or landmark site as an overlay to the zoning map. Properties in a preservation district or landmark site shall be subject to the Henry County Zoning Ordinance and Subdivision Regulations and other rules of its underlying zoning district. Upon establishment of an overlay district, all rehabilitation, maintenance and development within the overlay district shall conform to all zoning regulations applicable to the district as well as the regulations of the Board. Where there is a conflict between the County Zoning Ordinance or Subdivision Regulations and the Regulations of the Board, the higher standard shall control.
(H) The City Commission shall approve, modify, or disapprove of the proposed designation within sixty (60) days after receiving the recommendation of the Board. Prior to the adoption of a ordinance establishing a preservation district or landmark, the City Commission shall hold a public hearing and notice of that hearing shall be provided pursuant to Chapter 424 of the Kentucky Revised Statutes and shall be given not less than seven (7) days nor more than twenty-one (21) days before said hearing. At least fifteen (15) days prior to the public hearing written notice shall be given by first class mail to the owners of the property under consideration. Records of the county property valuation administrator may be relied upon to determine the identities and addresses of the property owners. (Ord. # 02-15; 1/15/03)
(I) The City Commission shall notify each property owner of the designation relating to his or her property and shall arrange that the designation of a property as a landmark or as a part of a preservation district be recorded in the office of the County
Clerk. The Board shall request that fees be waived for the City documents recording the designations.
(J) An amendment or rescission of any designation shall be accomplished through the same steps as were followed in the original designation.
(K) An overlay district (pursuant to KRS 82.605 et seq.) is hereby established consisting of that area as described in the map which is attached hereto and incorporated by reference herein as if fully set out.
(Ord. # 03-09; 7/23/03) (Ord.#05-07; 10/12/05)
(L) That the standards, guidelines and criteria that shall govern changes to properties within the district and to individual landmarks shall be the “New Castle Preservation District Design Guidelines” dated May 12,2003, consisting of seventeen (17) pages and which is attached hereto and incorporated by reference herein as if fully set out. (Ord. #03-09; 7-23-03)
§ 140.06 APPROVAL OF CHANGES TO LANDMARKS. LANDMARK SITES, ANF PROPERTY IN PRESERVATION DISTRICTS
Procedure For Obtaining Certificate
(A) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actins affecting property in a preservation district:
(1) Alteration;
(2) New construction;
(3) Demolition; or
(4) Relocation
(B) A Certificate of Appropriateness from the Board shall be required before a person may undertake the following actions affecting a landmark or a landmark site.
(1) Alteration of Distinctive Architectural Features.
(2) Demolition
(C) The City shall forward to the Board every applicant for a permit that would authorize an exterior alteration visible to the public, new construction, demolition, or relocation affecting property in a preservation district or that would authorize an
alteration of distinctive architectural features or a demolition affecting a landmark or a landmark site. The City shall give the applicant a form from the Board requesting additional information from the applicant. The applicant shall provide, where applicable, drawings of the proposed work, photographs of the existing building or structure or site and adjacent properties, and information about the building materials to be used.
(D) The Board shall hold a public hearing on each Certificate of Appropriateness within thirty (30) days after a completed application is received by the Board. The Board shall make a decision on the application within forty-five (45) days after the receipt of a completed application, provided that the Board may extend the time for decision an additional sixty (60) days when the application is for demolition or new construction. The Board shall approve or disapprove each application, and it shall give its reasons for its decision using the criteria contained in this section and its guidelines. The Board may suggest modifications to an application and may then approve a Certificate of Appropriateness providing for revisions in the plans submitted. If the Board fails to decide on an application within the specified time period, the application shall be deemed approved. Applicants shall be given notice of the public hearings and meetings relating to their application and shall be informed of the Board’s decision. Advertised notice of the hearing shall be given, including conspicuous posting on the property.
(E) In making a decision on an applicant, the Board shall use the general guidelines and the guidelines it has adopted for that landmark or preservation district. The Board shall consider: (1) the effect of the proposed work on the landmark or the property upon which such work and other structures on the landmark site or other property in the preservation district and (2) the relationship between such work and other adjacent or nearby buildings and property. In evaluating the effect and the relationship, the Board shall consider historical and architectural significance, architectural style, design, arrangement, texture, materials, and color. The certificate from the Board shall not relieve the property owner from complying with the requirements of other state and local laws and regulations.
(F) In making a decision on an application, the Board shall be aware of the importance of finding a way to meet the current needs of the applicant. In the event that compliance with the guidelines creates an undue economic hardship on an applicant, the Board may grand an exemption to the applicant. The Board shall adopt procedures for applicants who wish to seek an undue economic hardship exemption.
(G) Any person aggrieved by action taken by the Board shall first appeal that action in writing to the City Commission within thirty (30) days thereof. The decision of the City Commission on the appeal shall be in writing and may be appealed to the Henry Circuit Court. Any appeal from the decision of the City Commission shall be taken within thirty (30) days of the date of the decision of the City Commission.
(H) Ordinary maintenance and repairs may be undertaken without a Certificate of Appropriateness provided this work on property in a preservation district does not change its exterior appearance that is visible to the public or, if a landmark, does not constitute the alteration of a distinctive architectural feature.
(I) All work performed pursuant to a Certificate of Appropriateness shall conform to the provisions of such Certificate. The City or its agents may 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 or without the appropriate Certificate of Appropriateness, the Police Chief or the City Clerk shall issue a Stop Work Order and any law enforcement officer may cite violators in District Court. 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 City may apply in Circuit Court for an injunction to enforce its Stop Work Order.
Alterations
(J) When a person wishes to undertake an alteration affecting property in a preservation district, that person shall apply directly to the Board for a Certificate of Appropriateness. The Board may also recognize the importance of approving plans that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Board for its comments. The Board shall prepare a list of routine alterations that shall receive immediate approval without a public hearing when an applicant complies with the specifications of the Board.
Demolition
(K) When an applicant wishes to demolish a landmark, a building or a structure on a landmark site, or a building or structure in a preservation district, the Board shall negotiate with the applicant to see if an alternative to demolition can be found. The Board 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 hearing, the Board may decide that a building or
structure in a preservation district or on a landmark site may be demolished because it does not contribute to the preservation district or to the landmark. On all other demolition applicants, the Board shall study the question of economic hardship for the applicant and shall determine whether the landmark or the property in the preservation district can be put to reasonable beneficial use without the approval of the demolition applicant. In the case of an income-producing building, the Board shall also determine whether the applicant can obtain a reasonable return from this existing building. The Board may ask applicants for additional information to be used in making these determinations. These determinations shall be in addition to the points contained in Section 140.06 (D). If economic hardship or the lack of a reasonable return is not proved, the Board shall deny the demolition applicant unless the Board finds grounds to grant the demolition applicant under the points contained in Section 140.06(D).
Relocation
(L) When the applicant wishes to move a building or structure in a preservation district, or wishes to move a building or structure to a landmark site or to a property in a preservation district, the Board shall consider:
(1) The contribution the building or structure makes to its present setting;
(2) Whether there are definite plans for the site to be vacated;
(3) Whether the building or structure can be moved without significant damage to its physical integrity; and
(4) 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 Section 140.06(D).
Signs
(M) In reviewing applications involving signs, the Board shall use guidelines it has prepared that have been approved by the City Commission. Owners and tenants shall apply to the Board before their signs are made.
Emergency Conditions
(N) An owner shall immediately notify the City of emergency conditions dangerous to life, health or property affecting a landmark, a landmark site, or a property in a preservation district, and the owner shall promptly provide evidence of the dangerous conditions that has been prepared by a person with professional qualifications in evaluating buildings and structures.
(O) In any case where the City determines that there are emergency conditions dangerous to life, health, or property affecting a landmark, a landmark site, or a property in a preservation district, it may order the remedying of these conditions without the approval of the Board. The City shall promptly notify the Chairman of the Board of the action being taken.
§ 140.07 MAINTENANCE AND REPAIR OF THE LANDMARKS, LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
(A) Every person who owns or is in charge of a landmark, a landmark site, or a property in a preservation district shall keep in good repair: (1) all of the exterior portions of such buildings or structures; and (2) all interior portions thereof which, if not so maintained, may cause such buildings or structure to deteriorate or to become damaged or otherwise to fall into a state of disrepair. The purpose of this section is to prevent a person from forcing the demolition of his building by neglecting it and permitting damage to the building by weather or vandalism. No provision in this subsection shall be interpreted to require an owner or tenant to undertake an alteration or to restore his building to its original appearance.
(B) (1) All buildings within a preservation district or within a landmark site easily
visible from a street with deteriorated, peeling or blistered or dirty and faded
painted surfaces shall be painted on or before October 31, 2005. All such
buildings which have unpainted brick or stone surfaces which are covered
with soot or dirt shall be cleaned by proper cleaning methods on or before
October 31, 2005. (Ord. 02-15; 1/15/03; and Ord. # 04-08; 12/16/04)
(2) All buildings within a preservation district or a landmark site requiring
painting shall be painted at least every five (5) years unless the existing paint
is in a state of good repair and condition. All such buildings not requiring
painting, (i.e. non-painted brick and stone buildings) shall be cleaned at least
once every ten (10) years unless the existing masonry surfaces are clean and
in a state of good repair and condition.
(3) All structural and decorative elements of building fronts and other portions of
buildings within a preservation district or landmark site easily visible from a
street, and regulated by the design guidelines adopted by the city which are in
a state of deterioration or disrepair shall be repaired or replaced in a workman-
like manner to match as closely as possible the original material and
construction techniques on or before October 31, 2005.
(Ord. 02-15; 1/15/03)(Ord. #04-08; 12/16/04)
(4) Windows on the fronts of buildings within a preservation district or landmark
site or easily visible from a street and regulated by the design guidelines
adopted by the city shall not be boarded up except during construction or
during a period of repair or periodic maintenance. If it is necessary to close an
opening with brick, the brick used for closing must match as closely as
possible the existing brick, unless the building is to be painted. All such
boarding shall be removed on or before October 31, 2005.
(Ord. # 04-08; 12/16/04)
(C) The Board shall request a meeting with a property owner when his landmark or his building in a preservation district is in poor repair, and the Board shall discuss with the owner ways to improve the condition of his property. After this step the Board may request the City to take action to require correction of defects in any building or structure designated under this Ordinance so that such building or structure shall be preserved in accordance with the purposes of this Ordinance. The action taken by the City may include securing the doors, windows, and other parts of the building and additional steps to stabilize walls, roofs, and other parts of a building. (Ord. # 02-15; 1/15/03)
(D) The board shall request a meeting with the owner of each vacant lot in a preservation district, and the Board shall discuss with each owner ways to maintain the vacant lot so that it will contribute to the preservation of the preservation district. The Board may prepare plans to improve the appearance of a vacant lot in the preservation district.
(E) The provisions of this section shall be in addition to all other provision of the Kentucky Building Code requiring buildings and structures to be kept in good repair.
§ 140.08 PENALITIES
(A) Any person violating § 140.06 (K) shall be subject to one or more of the following penalties:
(1) The forfeiture to the City of the real estate upon which the demolished
building or structure was located;
(2) The denial of a building permit for new construction upon the subject
Real estate for a period of up to five (5) years, or
(3) A fine not to exceed the cost of reconstructing the demolished building or
structure.
(B) Upon a finding by and recommendation of the Board that a building or structure within the preservation district or on a landmark site is threatened with demolition by neglect (§ 140.07 (A)), the Commission may require the owner of the property t repair all conditions contributing to the demolition by neglect. If such repairs are not made within a reasonable time, the City may make such repairs as are necessary to correct the demolition by neglect in accordance with the city’s nuisance abatement procedure.
(C) Any person violating any other provisions of this chapter shall be fined not less than twenty-five ($25) dollars, nor more than fifty ($50) dollars for each offense. Each day’s violation shall constitute a separate offense.
§ 140.09 NOMIINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES
(A) To participate in Certifies Local Government program, the City shall initiate all local nominations to the National Register of Historic Places and shall request the Mayor and the Board to submit recommendations an each proposed nomination to the National Register. The mayor and the Board shall obtain comments from the public that shall be included in their National Register recommendations. Within sixty (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 Board do not agree, both opinions shall be forwarded in the City’s report. If both the Mayor and the Board
recommended that a property not be nominated, the Kentucky Heritage Council shall inform the property owner, the state 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) If either or both the Mayor and the Board agree 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 Board, or the property owner may appeal the final decision by the State Historic Preservation Officer.
(C) 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.
§140.10 MORATORIUM
No person shall, within four hundred eighty five (485) days one year of the effective date of this ordinance or until the effective date of the first ordinance of the City establishing a preservation district, which ever is sooner, undertake new construction, a major structural change or the demolition of a building or structure within the City without the consent of the City. This prohibition shall not apply to emergency repairs or ordinary maintenance and repairs as defined in this ordinance.
(ORD. # 03-07; 6/2/03)
§ 140.11 SEVERABILITY
If any part of this Ordinance shall be declared void or unconstitutional, the remaining provisions shall continue to have full force and effect.
§ 140.12 EFFECTIVE DATE
This Ordinance shall take effect immediately upon passage by the City of New Castle. (Ord. # 02-03; 3/20/2002)
