[1]
Editor's Note — Ord. no. 2000-05 § 1, adopted April 11, 2000, amended article VIII §§ 29-76 — 29-79 by enacting the new provisions set out herein. Former §§ 29-76 — 29-79 derived from ord. no. 80-22 art. VIII §§ 1 — 4, 12-2-1980; ord. no. 92-29 §§ 2, 4, 2-9-1993; ord. no. 94-38 § I, 2-28-1995; ord. no. 95-03 §§ XIII — XIV, 4-11-1995; ord. no. 97-10 § I, 5-13-1997.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2000-28 § 1, 12-12-2000; Ord. No. 2004-17 § 1, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
A. 
Purpose. The purpose of this Article is to promote the educational, cultural, economic and general welfare of the community by:
1. 
Providing a mechanism to identify and preserve the distinctive historic, archaeological and architectural characteristics of Lexington which represent elements of the City's cultural, social, economic, political and architectural history;
2. 
Fostering civic pride in the beauty and noble accomplishments of the past as represented in Lexington's landmarks and historic districts;
3. 
Conserving and improving the value of property designated as landmarks or within historic districts;
4. 
Providing for economic benefits to encourage business and residential owners to locate and invest in historically significant properties;
5. 
Protecting and enhancing the attractiveness of the City to home buyers, tourists, visitors and shoppers, and thereby supporting and promoting business, commerce and industry, and providing economic benefit to the City;
6. 
Fostering and encouraging preservation, restoration and rehabilitation of the historic structures, areas and neighborhoods, and thereby preventing future urban blight;
7. 
Promoting the use of historic districts and landmarks for the education, pleasure and welfare of the people of the City;
8. 
Promoting the identification, evaluation, protection and interpretation of the prehistoric and historic archaeological resources within the incorporated limits of the City.
B. 
Definitions. Unless specifically defined below, words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most reasonable application.
ALTERATION
Any act or process that changes one (1) or more historic, architectural or physical features of an area, site, landscape, place and/or structure including, but not limited to, the erection, construction, reconstruction or removal of any structure; the expansion or significant modification of agricultural activities; and clearing, grading or other modification of an area, site or landscape that changes its current condition.
AREA
A specific geographic division of the City of Lexington.
BOARD OF ADJUSTMENT
The Board established pursuant to Article VII.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Historical Preservation Commission (HPC) indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.
CONSTRUCTION
The act of adding as addition to an existing structure or the erection of a new principal or accessory on a lot or property.
CULTURAL RESOURCES
Districts, sites, structures, objects and evidence of some importance to a culture, a subculture or a community for scientific, engineering, art tradition, religious or other reasons significant in providing resource and environmental data necessary for the study and interpretation of past lifeways and for interpreting human behavior.
DEMOLITION
Any act or process which destroys in part or in whole a landmark or a structure within a historic district, or which threatens to destroy a landmark or a structure within a historic district, or which destroys or threatens to destroy a potentially significant property or structure by failure to maintain it in a condition of good repair and maintenance.
DESIGN GUIDELINE
A standard of appropriate activity that will preserve the historic, architectural, scenic or aesthetic character of a landmark or historic district.
DETERMINATION OF ECONOMIC HARDSHIP
A determination made by the City Council upon recommendation by the HPC authorizing an alteration, construction, removal or demolition even though a permit therefore has previously been denied by the City Council.
EXTERIOR ARCHITECTURAL APPEARANCE
The architectural character and general composition of the exterior of a structure including, but not limited to, the kind, color and texture of the building materials, paint color and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.
HISTORIC DISTRICT
An area designated as a "historic district" by ordinance of the City Council which may include individual landmarks, as well as other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the historic district.
HISTORIC SIGNIFICANCE
Character, interest or value as part of the development, heritage or culture of the community, County, State or country; as the location of an important local, County, State or national event; or through identification with a person or persons who made an important contribution to the development of the community, County, State or country.
HPC
Members of the Historical Preservation Commission.
LANDMARK
A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, interpretation and preservation because of its historic, architectural or archaeological significance to the City of Lexington.
MINIMUM MAINTENANCE
The minimum regulations governing the conditions and maintenance of all existing structures as set out in the Uniform Building Codes, current edition, and adopted by reference, with certain amendments thereto by the City Council of the City of Lexington, Missouri, as such Existing Structures Code shall be amended from time to time by the City of Lexington.
ORDINARY MAINTENANCE
Any work for which a building permit is not required by municipal ordinance, where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a structure or any part thereof and to restore the same, as nearly as may be practical, to its condition prior to the occurrence of such deterioration, decay or damage and does not involve change of materials nor of form.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
PERMITS RELATING TO A HISTORIC DISTRICT OR LANDMARK
A permit issued by the Building Inspector in response to a Certificate of Appropriateness issued by the Historical Preservation Commission (HPC) or a decision by the City Council indicating approval of plans for alteration, construction, removal or demolition of a landmark or of any structure located within a historic district.
PUBLIC IMPROVEMENT PROJECT
An action by the City of Lexington or any of its departments or agents involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, parking, or other portions of the public infrastructure servicing commercial, residential, recreational or industrial development; or any undertakings effecting City parks or City-owned structures.
REMOVAL
Any relocation of a structure, object or artifact on its site or to another site.
REPAIR
Any change that is not construction, alteration, demolition or removal and is necessary or useful for continuing normal maintenance and upkeep.
SITE
The traditional, documented or legendary location of an event, occurrence, action or structural significance in the life or lives of person, persons, groups or tribe, or any place with evidence of past human activity. Sites include, but are not limited to, cemeteries, burial grounds, occupation and work area, evidence of farming or hunting and gathering, battlefields, settlements, estates, gardens, groves, river crossings, routes and trails, caves, quarries, mines or significant trees or other plant life.
SPECIAL MEETINGS OF THE HISTORIC PRESERVATION COMMISSION (hereinafter "HPC")
Special Meetings of HPC may be called by the Chair or three (3) Commissioners and notice requirements and procedural requirements are outlined herein.
[Ord. No. 2022-09, 3-8-2022]
STOP WORK ORDER
An order directing an owner, occupant, contractor or subcontractor to halt an action for which a Certificate of Appropriateness is required and notifying the owner, occupant, contractor or subcontractor of the application process for a Certificate of Appropriateness.
STRUCTURE
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground including, but without limiting the generality of the foregoing, building, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers, and swimming pools.
SURVEY
The systematic gathering of information on the architectural, historic, scenic and archaeological significance of buildings, sites, structures, areas or landscapes through visual assessment in the field and historical research for the purpose of identifying landmarks or districts worthy of preservation.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2001-65 § 1, 11-13-2001; Ord. No. 2004-17 § 3, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008; Ord. No. 2012-11 § 1, 3-27-2012]
A. 
Composition Of Historic Preservation Commission. The HPC shall consist of seven (7) members, five (5) of whom shall be citizens of Lexington. Up to two (2) members of the Commission may be non-residents owning or operating businesses in Lexington and/or living in adjacent areas of Lafayette County. In addition, a member of the City Council and of the Planning and Zoning Commission shall be appointed to serve as liaison. The Mayor shall make every reasonable effort to appoint persons with a demonstrated interest in the history and preservation of the City of Lexington. To the extent available in the community the HPC shall include professional members representing such disciplines as architecture, law, real estate brokerage, banking, history or other fields related to historic preservation and residents of historic districts or potential historic districts.
[Ord. No. 2022-09, 3-8-2022]
B. 
Terms. The terms of office of the members of the HPC shall serve a term of three (3) years until their successors are appointed. Vacancies shall be filled for the unexpired term only. Action to fill vacancies shall be initiated within sixty (60) days. The HPC shall hold at least six (6) meetings per year and any member of the HPC who fails to attend at least fifty percent (50%) of all meetings, regular and special, in any calendar year shall automatically vacate the membership. The terms shall be staggered so that no more than three (3) members are appointed in any one (1) year. The members shall not serve more than two (2) complete terms consecutively, however they may be reappointed after a one (1) year absence. An unexpired term of more than eighteen (18) months to which a member is appointed shall be considered a complete term.
C. 
Officers. Officers shall consist of a Chairman and a Vice Chairman elected by the HPC who shall each serve a term of one (1) year and shall be eligible for re-election. No officer shall serve more than two (2) consecutive terms in any office. The Chairman shall preside over meetings. In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman. If both are absent, a temporary Chairman shall be elected by those present. The Secretary of the HPC shall be elected by the HPC and shall have the following duties:
1. 
Take minutes of each meeting;
2. 
Be responsible for publication and distribution of copies of the minutes, reports and decisions to the members of the HPC and the City Clerk;
3. 
Give notice as provided herein by law for all public hearings conducted by the HPC;
4. 
Advise the Mayor of vacancies on the HPC and expiring terms of members; and
5. 
Prepare to submit to the Council a complete record of the proceedings before the HPC on any matter requiring Council consideration.
D. 
Meetings.
[Ord. No. 2022-09, 3-8-2022]
1. 
Regular Meetings. A quorum shall consist of (4) of the Commissioners. All decisions or actions of the HPC shall be made by a majority vote of those Commissioners present and voting at a lawfully convened meeting by a majority vote of those Commissioners present. Meetings shall be held at regularly scheduled times as established by HPC or at special meetings called for as outlined below.
2. 
Special Meetings. The Chair, or person acting as Chair, or any three (3) members of HPC, shall have the power, and are hereby authorized to call a special meeting of the HPC, by serving a notice, in writing, on each Commissioner of HPC, or person acting as HPC, by delivering to each of them a copy of such notice, or by leaving such copy at his/her usual place of abode with some inhabitant thereof over the age of fifteen (15) years and complying with other statutory requirements for the posting of meetings pursuant to the Missouri Revised Statutes then in effect. Such notice shall state the object of the special meeting and the time for holding the same, and such notice shall be written out at length and copied upon the journal of HPC proceedings. No business other than that specified in the written notice shall be transacted at the special meeting.
No member of the HPC shall vote on any matter that may materially or apparently affect the property, income or business interest of that member. No action shall be taken by the HPC that could in any manner deprive or restrict the owner of property in its use, modification, maintenance, disposition or demolition until such owner shall first have had the opportunity to be heard at public meeting of the HPC as provided herein. All meetings of the HPC shall be open to the public except as allowed by State law. The HPC shall keep minutes of its proceedings, showing the vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record. All HPC rules of procedure shall be available to the public at City Hall.
E. 
Funding. The City Council may annually appropriate funds, within the budget limitations, for the operation of the HPC. The HPC may, with the consent of the City Council, apply for, receive or expend any Federal, State or private grant, grant-in-aid, gift or bequest in furtherance of the general purpose of this Article.
F. 
Compensation. The members shall serve without compensation but shall be reimbursed for expenses they incur while on Commission business.
G. 
Powers And Duties. The HPC shall have the following powers and duties:
1. 
To conduct ongoing survey and research to identify and document buildings, structures, objects, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the locality, the State or the nation;
2. 
To recommend to the City Council designation of significant historic properties as historic landmarks and historic districts, to prepare documentation supporting such nomination and to maintain a register of designated landmarks and districts and of significant historical, architectural and archaeological properties, a copy of which should be kept at City Hall;
3. 
To recommend to the City Council the establishment of regulations, guidelines and policies to preserve the integrity and ambience of designated landmarks and districts. The Commission shall have the authority to review ordinary maintenance as deemed appropriate, new construction, alterations, removals and demolitions proposed within the boundaries of a landmark or district, including review of plans for vacant lots and non-historic buildings and structures;
4. 
To provide information and technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property. To collect information of sources, suppliers, construction contractors/workers, artisan, appropriate color palettes, of qualified historical restoration providers, which would be kept at City Hall for interested citizen reference;
5. 
To recommend to the City Council programs and policies and economic incentives to encourage the preservation of significant historic landmarks and districts;
6. 
To formulate plans and programs for public and private action for encouraging and promoting the preservation of historic landmarks;
7. 
To suggest sources of funds for preservation and restoration activities and acquisitions, including Federal, State, local, private and foundation sources;
8. 
To conduct comprehensive studies into the field of historic preservation in this community, including programs now being offered, what still needs to be done and cooperative efforts among various groups which could be effected toward a common goal;
9. 
To provide for the community an overall view of historic preservation and provide data for individuals or organizations interested in historic preservation;
10. 
To educate the community about its rich historical legacy and to encourage historical preservation as inspiration for future generations;
11. 
To work with the Federal and State Government, City planning and zoning, the historical society and other boards or organizations to help coordinate restoration or preservation projects;
12. 
To establish pertinent information about preservation and color charts to be kept at City Hall for individuals interested in doing preservation work on their or other properties;
13. 
To participate in the conduct of land use, urban renewal and other City activities affecting landmarks and districts; and
14. 
To acquire by gift or bequest fee title or lesser interest, including preservation restriction or easements, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2008-05 § 1, 2-12-2008]
The HPC shall undertake an ongoing survey and research effort in the City of Lexington to identify neighborhoods, areas, sites, structures and objects that have historic, cultural, archaeological, architectural or aesthetic importance, interest or value. Before the HPC shall on its own initiative nominate any landmark or district for designation, it shall develop a plan and schedule for conducting a comprehensive survey of the City of Lexington to identify significant resources. As part of the survey, the HPC shall review and evaluate any prior survey and studies by any unit of government or private organization and compile appropriate descriptions, facts and photographs. The HPC shall systematically identify potential landmarks and historic districts and adopt procedures to nominate them to the City Council for consideration based upon the following criteria:
1. 
The potential landmarks and historic districts in one (1) identifiable neighborhood or district geographical area of the City of Lexington;
2. 
The potential landmarks and historic districts associated with a particular person, event or historical period;
3. 
The potential landmarks and historic districts of a particular architectural style or school or of a particular architect, engineer, builder, designer or craftsman;
4. 
The potential landmarks and historic districts containing historic and prehistoric archaeological resources with the potential to contribute to the understanding of historic and prehistoric cultures;
5. 
Such other criteria as may be adopted by the HPC to assure systematic survey and nomination of all potential landmarks and historic districts within the City of Lexington.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2004-17 §§ 4 — 6, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
A. 
General. Nominations shall be made to the HPC on a form prepared by it and may be submitted by the HPC, owner of record of the nominated property or structure or the City Council. Nominations shall be turned in to the City Clerk who will within seven (7) days of receipt mail a notification of intent to nominate to the owner of record of the nominated property. Forms and criteria for nomination will be available at the office of the City Clerk.
B. 
Criteria for Consideration of Nomination. The HPC shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure, site, area or district meets one (1) or more of the following criteria:
[Ord. No. 2022-09, 3-8-2022]
1. 
Its character, interest or value as part of the development, heritage or cultural characteristics of the Community, County, State or Country;
2. 
Its overall setting and harmony as a collection of buildings, structures, objects where the overall collection forms a unit;
3. 
Its potential to be returned to an accurate historic appearance regardless of alterations or insensitive treatment that can be demonstrated to be reversible;
4. 
Its location as a site of a significant local, County, State or national event;
5. 
Its identification with a person or persons who significantly contributed to the development of the Community, County, State or Country;
6. 
Its embodiment of distinguishing characteristics of an architectural type valuable for the study of a period, type, method of construction or use of indigenous materials;
7. 
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, County, State or country;
8. 
Its embodiment of elements or design, detailing, materials or craftsmanship that render it architecturally significant;
9. 
Its embodiment of design elements that make it structurally or architecturally innovative;
10. 
Its unique location or singular physical characteristic that make it an established or familiar visual feature of the neighborhood, community or City;
11. 
Its character as a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouse, gas station or other commercial structures, with a high level of integrity or architectural significance;
12. 
Its suitability for preservation or restoration; and
13. 
Its potential to yield information important to history and prehistory.
Any structure, property or area that meets one (1) or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration.
C. 
Public Hearing on Landmarks and Historic Districts. Upon receipt of a completed nomination of a landmark or historic district, the HPC shall schedule a public hearing to solicit input and comment on the proposed nomination and guidelines for certification of appropriateness.
[Ord. No. 2022-09, 3-8-2022]
D. 
Report And Recommendation Of HPC.
1. 
The HPC shall within forty-five (45) days from receipt of a complete nomination in proper form adopt by resolution a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 29-76.3 of this Article. The resolution shall be accompanied by a report to the City Council containing the following information:
a. 
Explanation of the significance or lack of significance of the nominated landmark or historic district as it relates to the criteria for designation;
b. 
Explanation of the integrity or lack of integrity of the nominated landmark or historic district.
2. 
In the case of a nominated landmark found to meet the criteria for designation:
a. 
The significant exterior architectural features of the nominated landmark that should be protected;
b. 
The types of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Section 29-76.3 through Section 29-77 of this Article;
c. 
Archaeological significance and recommendations for interpretation and protection.
3. 
In the case of a nominated historic district found to meet the criteria for designation:
a. 
The types of significant exterior architectural features of the structure within the nominated historic districts that should be protected;
b. 
The types of alterations and demolitions that should be reviewed for appropriateness pursuant to the provisions of Section 29-76.3 through Section 29-77 of this Article;
c. 
The type and significance of historic and prehistoric archaeological sites within the nominated historic district;
d. 
Proposals for design guidelines of HPC review of certificates of appropriateness within the nominated landmark or historic district;
e. 
The relationship of the nominated landmark or historic district to the ongoing effort of the HPC to identify and nominate all potential cultural resources that meet the criteria for designation;
f. 
Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulation, lot size and parking regulations necessary or appropriate to the preservation of the nominated landmark or historic district, including recommendations for buffer zones to protect and preserve visual integrity;
g. 
A map showing the location of the nominated landmark and/or the boundaries of the nominated historic district.
The recommendations and report of the HPC shall be sent to the Planning and Zoning Commission within seven (7) days following the vote on the resolution and shall be available to the public in the office of the City Clerk.
E. 
Notification Of Nomination. The Planning and Zoning Commission shall schedule and hold a hearing on the nomination following receipt of a report and recommendation from the HPC that a nominated landmark or historic district does or does not meet the criteria for designation. The meeting shall be scheduled, held and conducted in the same manner as other meetings to consider applications for zoning map amendments or ordinance amendments. Notice of the date, time, place and purpose of the meeting and a copy of the completed nomination form shall be sent by regular mail to the owner(s) of record and to the nominators.
F. 
Public Hearing. Oral or written testimony concerning the significance of the nominated landmarks or historic district shall be taken at the public hearing from any person concerning the nomination. The HPC may present expert testimony if funded in advance by the City or present its own evidence regarding the compliance of the nominated landmark or historic district with the criteria for consideration of a nomination set forth in Section 29-76.3 of the ordinance. The owner of any nominated landmark or of any property within a nominated historic district shall be allowed reasonable opportunity to present evidence regarding significance and shall be afforded the right of representation by counsel and reasonable opportunity to cross-examine expert witnesses. The hearing shall be closed upon completion of testimony.
[Ord. No. 2022-09, 3-8-2022]
G. 
Determination By Planning and Zoning Commission. Within sixty (60) days following close of the public hearing, the Planning and Zoning Commission shall make a determination upon the evidence whether the nominated landmark or historic district does or does not meet the criteria for designation. Such a determination shall be made upon a motion and vote of the Planning and Zoning Commission and shall be accompanied by a report stating the findings of the Planning and Zoning Commission concerning the relationship between the criteria for designation in Section 29-76.3 of the ordinance and the nominated landmark or historic district and all other information required by Section 29-76.3 of this Article.
[Ord. No. 2022-09, 3-8-2022]
H. 
Notification of Determination. Notice of the determination of the Planning and Zoning Commission, including a copy of the report, shall be sent by regular mail by the City Clerk to the owner of record of a nominated landmark and of all property within a nominated historic district and to the nominator within seven (7) days following adoption of the resolution. Within seven (7) days following a determination by the Planning and Zoning Commission that the nominated landmark or historical district does or does not meet the criteria for designation, a copy of the resolution and report shall be sent to the City Council.
[Ord. No. 2022-09, 3-8-2022]
I. 
(Reserved)
J. 
Action By City Council. The City Council shall, within sixty (60) days after receiving the recommendation of the Planning and Zoning Commission, either reject or agree with the recommendation and by formal resolution so reject the recommendation or by ordinance accept such recommendation and declare the property a landmark or historical district. The City Council shall hold a public hearing before enacting the resolution or ordinance and provide notice and take testimony in the same manner as provided in Section 29-76.3 of the ordinance. Any resolution or ordinance shall be accompanied by a written statement explaining the reasons for the action of the City Council. The City Clerk shall provide written notification of the action of the City Council by regular mail to the nominator, the applicant and the owner(s) of record of the nominated landmark or of all property within a nominated historic district. The notice shall include a copy of the designated ordinance or resolution passed by the City Council and shall be sent within seven (7) days of the City Council action. A copy of each designation ordinance shall be sent to the HPC, Planning and Zoning Commission and Building Inspector.
K. 
The Designation Ordinance. Upon designation, the landmark or historic district shall be classified as a "District Historic" and the designating ordinance shall prescribe the significant exterior architectural features; the type of construction, alteration, demolition and removal, other than those requiring a building or demolition permit, that should be reviewed for appropriateness; the design guidelines for applying the criteria for review of appropriateness; permitted uses; special uses; height and area regulations; minimum dwelling size; floor area; lot size; sign regulations; and parking regulations. The Official Zoning Map of the City of Lexington shall be amended to show the location of the "District Historic" as on overlay zone.
L. 
Interim Control. No building permit shall be issued by the Building Inspector for alteration, construction, demolition or removal of a nominated landmark or of any property or structure within a nominated historic district from the date of the meeting of the HPC at which a nomination form is first presented until the final disposition of the nomination by the City Council unless such alteration, removal or demolition is authorized by formal resolution of the City Council as necessary for public health, welfare or safety. In no event shall the delay be for more than one hundred eighty (180) days.
M. 
Amendment And Rescission Of Designation. Designation may be amended or rescinded upon petition to the HPC and compliance with the same procedure and according to the same criteria set forth herein for designation.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2000-28 § 1, 12-12-2000; Ord. No. 2004-17 § 7, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
A. 
Building Design Standards.
1. 
Overview. These standards are prepared to provide general assistance to building, property and business owners of the Lexington downtown area and the Historic Preservation District(s). The standards are designed to advise building, property and business owners on the preservation and rehabilitation of properties located in the designated area. The intent of these standards is to assist the long-term preservation of the area's significance through preservation of historical materials and features. The focus of rehabilitation includes materials, construction types, sizes and encompasses the facade of buildings within the designated district.
"Rehabilitation" is defined as the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values. It is recognized that rehabilitation may require repairs or alterations to provide efficient contemporary use; however, these repairs or alterations should not damage or destroy materials or features that are important in defining the building's historical character.
2. 
Introduction to the standards. Primary concerns for building rehabilitation focus on the building's important or "character defining" architectural materials and features; yet, make possible an efficient, contemporary use of the property. Identified below are key terms related to an approvable restoration/rehabilitation project:
Identify, retain and preserve. It is important to identify, retain and preserve the architectural materials and features that are important in defining the historic character of the property. These architectural features should include, but are not limited to, windows, doors ornamental ironwork, transoms, storefront ornamental brick work.
Protect and maintain. After materials and features are identified, issues to protect and maintain must be addressed. Protection and maintenance generally involves the least degree of intervention and is preparatory to other work.
Repair and replace. Repair of character-defining materials and features is recommended whenever possible. Guidance for repair work is available from a variety of resources. Replacement of an entire feature with new material may be required due to a high degree of deterioration or damage. When replacement is appropriate, the entire feature should be replaced "in kind", as near to the original feature as possible, with a solution that is compatible to the property.
B. 
Permits for any of the following activity within a historic district or in relation to a landmark shall be granted by the Building Inspector subject to review and approval as defined in Section 29-77.1 below:
1. 
Any construction, alteration or removal requiring a building permit from the City of Lexington;
2. 
Any demolition in whole or in part requiring a demolition permit from the City of Lexington;
3. 
Any construction, alteration, demolition or removal affecting a significant exterior architectural feature or appearance with paint colors to be selected from a paint manufacturer's historic palette as specified in the ordinance designating the landmark or historic district; There will no building permit charges for painting.
4. 
Any construction, alteration or removal involving earth distribution activities that might affect archaeological resources;
5. 
Any action to correct a violation of a minimum maintenance standard.
It shall be the function of the HPC to initially consider and issue a Certificate of Appropriateness for a permit to be granted. The Building Inspector shall forward any application for such a permit within a historic district or in relationship to a landmark to the HPC within seven (7) days following receipt of the application. The application shall include accompanying plans and specifications affecting the exterior architectural appearance of a designated landmark or of a property within a designated historic district. Applications to demolish a building shall include plans and specifications for the contemplated use of the property.
[Ord. No. 2022-09, 3-8-2022]
Any applicant may request a meeting with the HPC before the application is reviewed by the HPC or during the review of the application. Application for review of construction, alteration, demolition or removal not requiring a building permit shall be made on a form prepared by the HPC and available at the office of the City Clerk. Such matters will be considered at the next regularly scheduled meeting of the HPC after the application is submitted.
C. 
Violations Within A Historic District. Whenever the HPC has reason to believe that an action within a historic district or on a designated landmark has been initiated or is about to be initiated or that a violation of a permit has occurred, it shall notify the Building Inspector. The Building Inspector shall make every reasonable effort to contact the owners, occupants, contractor or subcontractor and inform them of proper procedure and, if applicable, provide them a copy of an application for a proper permit. If compliance is not immediately obtained, the Building Inspector shall take whatever action he deems appropriate including a stop work order.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2008-05 § 1, 2-12-2008; Ord. No. 2022-09, 3-8-2022]
A. 
The HPC shall review each application for a building or demolition permit within a historic district or in relation to a landmark and issue or deny a Certificate of Appropriateness within forty-five (45) days of receipt of the application. Written notice of the approval or denial of the Certificate of Appropriateness shall be provided to the applicant and the Building Inspector or, where a "permitted on review use" or "rezoning" change is required, to the Planning and Zoning Commission within seven (7) days following the determination. In the case of approval, the Building Inspector shall issue to the applicant an appropriate permit which shall be accompanied by the certificate.
B. 
A building permit based on a Certificate of Appropriateness shall become void unless construction is commenced with six (6) months of date of issuance. Such permits shall be issued for a period of twelve (12) months and are renewable. If the project is not completed according to the guidelines provided in the Certificate of Appropriateness, the project shall be deemed in violation of this Article.
C. 
Denial of a Certificate of Appropriateness. If HPC denies the application and does not issue the Certificate of Appropriateness, a written statement of the reason for the denial shall be forwarded to the Building Inspector and the City Clerk within forty-eight (48) hours, to be included in the agenda for review at the next regularly scheduled City Council meeting. The HPC shall make recommendations to the applicant concerning changes, if any, in the proposed application that would allow the HPC to issue a Certificate of Appropriateness and shall confer with the applicant and attempt to resolve as quickly as possible the differences between the applicant and the HPC. If they so choose, the applicant may resubmit an amended application that takes into consideration the recommendations of the HPC. If no such resolution is achieved, the applicant and HPC may choose to appear at the City Council meeting to state their opinions and/or opposition concerning the application. The City Council then will make the final decision whether to issue a permit.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2004-17 § 8, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
Public improvements and land acquisition projects by the City of Lexington or any of its departments or agencies shall be reviewed by the HPC in the following manner:
1. 
The HPC shall review and comment upon any public improvement project proposed by the City of Lexington or any of its agencies or departments that lie within any historic district, on the site of or within two hundred (200) feet of any landmarks or within two hundred (200) feet of any boundary of a historic district. The City Engineer shall send a completed preliminary design for a public improvement project to the HPC simultaneously with its submission to the City Council for approval. The HPC shall have at least thirty (30) days to complete its review and report to the City Council, except when the Planning and Zoning Commission, if necessary to accelerate the design review process, may specify a time less than thirty (30) days within which the HPC shall complete its review and report to the Council.
2. 
The HPC shall review and comment upon any proposed acquisition of a landmark or of land or buildings within a historic district by the City of Lexington or any of its agencies or departments. The City Council or the City Engineer shall, at the earliest possible date that will not interfere with acquisition negotiations, send the HPC information concerning the location, size, current use and proposed use of the land or building to be acquired and specify the date by which the HPC shall report to the City Council.
3. 
The HPC shall review the public improvement of land acquisition projects to determine its effect upon the historic, archaeological or architectural character of the landmark or historic district and report to the City Council within any time specified by the City Council or the Planning and Zoning Commission but not to exceed forty-five (45) days. The report by the HPC shall include any recommendations for changes to the preliminary design or land acquisition that will lessen or alleviate any adverse effect of the proposed project upon the historic, archaeological or architectural character of the landmark or historical district.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2004-17 § 9, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
In considering its recommendation for any permits required in a historic district or in regard to a landmark, the HPC shall be guided in principle by the Secretary of the Interior's standards and any design guideline in the ordinance designating the landmark or historic district as follows:
1. 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
2. 
The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided if possible; if the historic material is too deteriorated, then it should be replaced with materials or features as close to the original as possible. It is recognized that rehabilitation may require repairs or alterations to provide efficient contemporary use; however, these repairs or alterations should not damage or destroy materials or features that are important in defining the building's historical character.
3. 
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, should not be undertaken.
4. 
Most properties change over time; those changes could have acquired historic significance in their own right and should be retained and preserved if they are significant to the property and its (the building or the City's) history.
5. 
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property should be preserved.
6. 
Deteriorated historic features shall be repaired rather than replaced if at all possible. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. When replacement is appropriate, the entire feature should be replaced "in-kind", as near to the original feature as possible, with a solution that is compatible to the property. Replacement of missing features can be substantiated by documentary, physical or pictorial evidence or by traditional design elements of the buildings architectural style.
7. 
Chemical or physical treatment, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
8. 
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
9. 
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
10. 
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2007-33 § 3, 9-5-2007; Ord. No. 2008-05 § 1, 2-12-2008]
None of the provisions of this Article shall be construed to prevent any measures of construction, alteration or demolition necessary to correct or abate the unsafe or dangerous condition of any structure, other feature or part thereof, where such condition has been declared unsafe or dangerous by the Building Inspector and where the proposed measures have been declared necessary, by such department or departments, to correct the said condition; provided however, that only such work as is reasonably necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. In the event any structure or other feature shall be damaged by fire or other calamity or by act of God or by the public enemy to such an extent that in the opinion of the aforesaid department or departments it cannot reasonably be repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2004-17 § 13, 5-11-2004; Ord. No. 2007-33 § 3, 9-5-2007; Ord. No. 2008-05 § 1, 2-12-2008]
The City Council shall establish appropriate fees for the HPC review of permits.
It shall be unlawful for any person to undertake or cause an alteration, construction, demolition or removal of any nominated or designated landmark or structure within a nominated or designated historical district without approval of the City.
It shall be unlawful to not maintain designated landmarks or structures within designated historic districts within the minimum maintenance requirements of Section 29-78.2 of the ordinance.
Any person convicted of violating the provisions of this Article shall be punished by a fine no greater than five hundred dollars ($500.00) or confinement for a period not to exceed sixty (60) days or both such fine and confinement. Each day such violation shall continue shall constitute a separate violation.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2000-28 § 1, 12-12-2000; Ord. No. 2004-17 § 10, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
The HPC shall at a minimum consider the following architectural design guidelines in making their recommendations as to the issuance of permits within a historic district or in relationship to a landmark:
1. 
Height. The height of any proposed alteration of construction should be compatible with the style and character of the landmark and with surrounding structures in a historic district.
2. 
Proportions of windows and doors. The proportions and relationship between doors and windows should be compatible with the architectural style and character of the landmark and with surrounding structures within a historic district.
3. 
Relationship of building masses and space. The setback and relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible.
4. 
Roof shape. The design of the roof should be compatible with the architectural style and character of the landmark and with surrounding structures in a historic district.
5. 
Landscaping. Immediate landscaping of the building itself should be compatible with the architectural character and appearance of the landmark and of surrounding structures and landscapes in historic districts.
6. 
Scale. The scale of the structure after alteration, construction or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district.
7. 
Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in a historic district should be compatible with the dominant horizontal or vertical expression of surrounding structures. The directional expression of a landmark after alteration, construction or partial demolition should be compatible with its original architectural style and character.
8. 
Architectural detail. Architectural details including materials, paint color and textures should be treated so as to make a landmark compatible with its original architectural style and character and to preserve and enhance the architectural style or character of a landmark or historic district.
9. 
Signage. The character of outside signs should be in keeping with the historic architectural character of a landmark or historic district. Character of a sign includes the number, size, scale, location, type (e.g., off-site advertising signs and on-site business signs), letter size or style and intensity and type of illumination.
10. 
Minimum maintenance. Significant exterior architectural features should be kept in a condition of good repair and maintenance. All structural and mechanical systems should be maintained in a condition and state of repair that will prevent decay, deterioration or damage to significant architectural features or otherwise adversely affect the historic or architectural character of structures within a historic district.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2004-17 § 11, 5-11-2004; Ord. No. 2008-05 § 1, 2-12-2008]
If the City Council denies the issuance of any permit within a historic district or in regard to a designated landmark, the applicant may request reconsideration on the basis of economic hardship. An application for determination of economic hardship shall first be made to and on a form prepared by the HPC. The HPC shall schedule a public hearing concerning the application and provide public notice and individual notice to the applicant, owners of record and owners adjacent to the property in the same manner as in Section 29-76.3 and any person may testify in the hearing concerning economic hardship. All testimony, objections thereto and rulings at such public hearings shall be taken down by a reporter employed by the City for that purpose or if electronic tape recording equipment is available by such electronic means.
The HPC may solicit expert testimony or require that the applicant for a determination of economic hardship make submissions concerning any or all of the following before it makes a determination on the application:
1. 
An estimate of the cost of the proposed construction, alteration, demolition or removal as well as an estimate of any additional costs that would be incurred to comply with any recommendations of the HPC for charges necessary for their recommendation for the issuance of the permit;
2. 
A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation;
3. 
An estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition or removal; after any changes recommended by the HPC; and in the case of a proposed demolition, after renovation of the existing property for continued use;
4. 
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure.
Upon completion of the hearing the HPC shall make its recommendation to the City Council as to whether a permit should be issued because of economic hardship. The City Council shall at their next meeting make its determination.
[Ord. No. 2000-05 § 1, 4-11-2000; Ord. No. 2008-05 § 1, 2-12-2008; Ord. No. 2008-10 § 1, 3-25-2008]
A. 
Ordinary Maintenance Exclusion. Nothing in the Section shall be constructed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in Section 29-76.3.
B. 
Definition Of Ordinary Maintenance. Any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.
C. 
Minimum Maintenance Requirement. All buildings and structures designated by City ordinance as "H" shall be preserved against decay and deterioration and free from certain structural defects in the following manner. The owner thereof or such other person or persons who may have the legal custody and control thereof shall repair such building if it is found to have any of the following defects:
1. 
The deterioration of exterior walls or other vertical supports;
2. 
The deterioration of roofs or other horizontal members;
3. 
The deterioration of external chimneys;
4. 
The deterioration or crumbling of exterior plasters or mortar;
5. 
The deterioration or ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;
6. 
The peeling of paint, rotting, holes and other forms of decay;
7. 
The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping;
8. 
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
If minimum maintenance is not being maintained, the owner of the property or other person having legal custody thereof shall be notified by the Building Inspector. The notice shall be by certified mail and/or hand delivered by the Lexington Police Department and shall specify each item in the property or landmark that fails to meet minimum maintenance requirements. The owner or other persons having legal custody of the property shall have thirty (30) days from the receipt of notice to comply with the minimum maintenance requirements. The HPC, for good cause shown, may extend the thirty (30) day period or any extension granted by the Building Inspector. If the owner or person having legal custody of the property should fail to meet the minimum maintenance requirements, the owner or persons having legal custody of the property shall be in violation of this Section and punished in accordance with Section 29-77.5.
[Ord. No. 2000-05 § 1, 4-11-2000]
Applications for zoning amendments, special use permits or variances for a landmark or structures within a historic district shall be referred to the HPC by the Planning and Zoning Commission. The HPC may review these applications using any format which it deems appropriate, provided however, that the applicant shall be notified of the time and place of such review and shall be given the opportunity to appear and be heard. Within fifteen (15) days after receipt of said application, the HPC shall forward its comments for presentation to the Planning and Zoning Commission for their consideration in reviewing the application.
[1]
Editor's Note — Ord. no. 2004-17 § 12, adopted May 11, 2004, repealed section 29-79 "appeals" in its entirety. Former section 29-79 derived from ord. no. 2000-05 § 1, 4-11-2000. At the editor's discretion, this section has been reserved for the city's future use.