The purposes and objective of this article are to:
A.
Bring attention to the architectural excellence and historic importance
of certain buildings, structures, places and residential areas in
the City.
B.
Preserve and improve the unique and distinctive character of certain
residential sections.
C.
Enhance the quality of life for residents by preserving the historic
resources of the City.
D.
Maintain and improve property values, encourage sound stewardship
and be minimally intrusive on property owners.
E.
Assist private organizations within the City in furthering a deeper
appreciation of the rich cultural and historic heritage of the community.
Any building wholly or partially included within any Residential
Historic Neighborhood Conservation District shall fall within the
concept of this article. The building regulations of any Residential
Historic Neighborhood Conservation District will conform to the existing
zoning districts upon which such area is superimposed.
In order to execute the purposes and objective of this article,
there are hereby created in the City one or more Residential Historic
Neighborhood Conservation Districts. The boundaries for such district
or districts shall be designated on the City of Lexington Zoning Map.
The following major actions shall be approved only after a public
meeting and favorable action by a majority of the members of the Architectural
Board:
A.
Demolishing or moving of a main or accessory building.
B.
Construction of a new main building or a new accessory building.
C.
Installation
of a chicken coop and pen, either mobile or fixed and in accordance
with § 420-11.1.1E, which will be subject to public view from
a public street, public way or public place.
[Added 12-5-2019 by Ord. No. 2019-12]
No permit shall be issued for any improvement requiring approval by the Architectural Board by § 420-9.4 above unless a certificate of appropriateness is issued for such purpose by the Architectural Board and unless the construction or demolition complies with the requirements of the Building Code and other ordinances and laws applicable and relating thereto.
Application for a certificate of appropriateness shall be made
to the Zoning Administrator, in writing, by the owner of such building,
structure or property. Application for new construction shall be accompanied
by plans and specifications, sketches or other documentation of the
parts of the building, structure or other improvement which are or
will be subject to public view from the contiguous public street or
streets in the case of corner lots. Such documentation shall show
the proposed exterior architectural features of such building, structure
or improvement and shall include, but not necessarily be limited to,
the general design, arrangement, textures, and materials proposed
to be used. In the case of an application for demolition, the application
shall be accompanied by plans and specifications, photographs or other
appropriate documentation of the remaining and/or adjacent structure(s)
and, if none, then the lot or remaining improvements on the site.
Such plan shall address the view from the public street of such lot
or remaining structure(s). Upon the filing of such application, the
Zoning Administrator shall transmit it, with such plans and specifications,
to the Board.
A.
Upon receipt of the application and the plans and specifications
required above, the Architectural Board may confer with the applicant
for the certificate of appropriateness and shall approve or disapprove
such plans and specifications and, if such plans are approved, shall
issue a certificate of appropriateness therefor, with or without conditions,
or with such modifications of the plans and specifications as the
Board deems necessary to execute the purposes and objectives of and
to require compliance with the regulations and restrictions set out
in this article. Otherwise, the Board shall reject such plans and
specifications and shall not issue the certificate of appropriateness.
The failure of the Board to approve or disapprove such plans and specifications,
with or without conditions or modifications, within 60 days from the
date of application for the certificate of appropriateness shall be
deemed to constitute approval of the plans and specifications as submitted,
and the Zoning Administrator shall issue the permit, provided that
the work to be done under the permit complies with the requirements
of the Building Code[1] and other ordinances and laws applicable or relating thereto.
B.
The Architectural Board shall be guided in its decisions by the purposes and objectives declared in § 420-9.1 and by the standards and guidelines established in §§ 420-9.8 and 420-9.10 below. The Board shall have the authority to request modification of proposed actions in order to comply with said standards and guidelines.
C.
The Architectural Board shall approve any application which conforms to the purposes and objectives declared in § 420-9.1 and the standards and guidelines established in §§ 420-9.8 and 420-9.10. The Board shall give reasons for its decisions, shall act promptly on applications before it, and shall coordinate its procedures with those of other agencies and individuals charged with the administration of this article. The Board may seek advisory assistance from experts in such fields as the Board's work requires.
Before a certificate of appropriateness is issued by the Board for work within these Residential Historic Neighborhood Conservation Districts, and upon conferring with the applicant for the certificate of appropriateness, the Board, in addition to considering the purposes and objectives specified in § 420-9.1, shall consider:
A.
The appropriateness of the exterior architectural features of the
building and its relationship to or congruity with the exterior architectural
features of other land, places, areas, buildings or structures in
the Residential Historic Neighborhood Conservation District and environs.
B.
The general exterior design, arrangement, textures, and materials
proposed to be used in the construction of the building when viewed
from the public street (or streets in the case of a corner lot) along
the lot front of said building and its relationship to the other factors
to be considered by the Board under this section. Among other things,
the Board is to consider the overall architectural design, form and
style, including the height, mass, proportion and scale; architectural
details, such as the design and style of decorative or functional
fixtures, such as lighting, windows and doors; the design and arrangement
of buildings on the site; and the texture and materials of a proposal
when assessing architectural compatibility.
C.
Any applicable
provisions of the City's design guidelines.
[Added 1-16-2020 by Ord.
No. 2020-01]
A.
The Board shall not consider the interior arrangement of a building
or features of a building which are not subject to public view from
the contiguous public street or streets.
B.
The Board shall not impose any requirements except for the purpose
of preventing developments incongruous with the historic and architectural
aspects of the building and its surroundings or the character of the
Residential Historic Neighborhood Conservation District.
When reviewing requests for demolition, moving, or razing, the
Board shall also consider whether:
A.
The loss of the building will be adverse to the district or to the
public interest by virtue of its uniqueness or its architectural or
historic significance;
B.
The demolition, moving or razing will have an adverse effect on the
character and surrounding environment of the district;
C.
The historic, archaeological, or architectural value of a structure
and its contribution to the historic value of the surrounding area;
D.
The building is of such significance that it would qualify on its
own merit for designation as a state or local historic building or
for listing in the landmarks registry; or
E.
The building is of such old and uncommon design, texture and/or material
that it could be reproduced only with great difficulty and/or expense.
F.
Any
applicable provisions of the City's design guidelines.
[Added 1-16-2020 by Ord.
No. 2020-01]
Appeals of any decision of the Zoning Administrator in granting
or refusing to grant a certificate of appropriateness or building
permit pursuant to the provisions of this article may be taken in
accordance with procedures set forth below. Appeals are limited to
owners of the property affected by such decision, residents of adjacent
properties, and the Lexington City Council. Appeals of any decision
of the Board in granting or refusing to grant a certificate of appropriateness
or building permit pursuant to the provisions of this article may
be taken in accordance with the procedures set forth below. The City
Council may appeal the decision of the Zoning Administrator and the
Board. In such instance, the appeal shall be directed to the Circuit
Court.
A.
The appeal process shall be as follows:
(1)
Appeals of decisions of the Zoning Administrator and Architectural
Board shall be taken to the Lexington City Council within 30 days
of the action taken by the Architectural Board. An appeal shall be
noted by letter addressed to the City Manager noting the particular
action appealed from. Further, any appellant aggrieved by the decision
of the Lexington City Council shall have the right to appeal to the
Circuit Court within 30 days of the action taken by the Lexington
City Council.
(2)
Appeals by the Lexington City Council of any decision of the
Architectural Board shall be directly to the Circuit Court.
B.
Razing or demolition.
(1)
In addition to the right of appeal as set forth above, the owner of a building or structure located in a Residential Historic Neighborhood Conservation District set forth in § 420-9.3, the razing or demolition of which is subject to the provisions of this article, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure, provided that:
(a)
He or she has applied for such right;
(b)
The owner has, for the period of time set forth in the same
schedule hereinafter contained and at a price reasonably related to
its fair market value, made a bona fide offer to sell such building
or structure, and the land pertaining thereto, to the City or to any
person, firm, corporation, government or agency thereof, or political
subdivision thereof, which gives reasonable assurance that it is willing
to preserve and restore the building or structure and the land pertaining
thereto; and
(c)
No bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such building or structure
and the land pertaining thereto prior to the expiration of the applicable
time period set forth in the time schedule hereinafter contained.
(2)
Any appeal which may be taken to the Circuit Court from the
decision of the Lexington City Council, whether instituted by the
owner or by any other proper party, notwithstanding the provisions
heretofore stated relating to a stay of the decision appealed from,
shall not affect the right of the owner to make the bona fide offer
to sell referred to above. No offer to sell shall be made more than
one year after a final decision by the Lexington City Council, but
thereafter the owner may renew his or her request to the Lexington
City Council to approve the razing or demolition of the historic building
or structure.
(3)
The time schedule for offers to sell shall be as follows:
(a)
Three months when the offering price is $25,000 or less;
(b)
Four months when the offering price is $25,000 or more but less
than $40,000;
(c)
Five months when the offering price is $40,000 or more but less
than $55,000;
(d)
Six months when the offering price is $55,000 or more but less
than $75,000;
(e)
Seven months when the offering price is $75,000 or more but
less than $90,000; and
(f)
Twelve months when the offering price is $90,000 or more.
The Board may investigate and propose buildings, structures, places and areas in the City having historic interest or value which should be preserved and protected in the execution and attainment of the purposes and objectives declared in § 420-9.1 and report thereon from time to time to the Planning Commission for consideration as to whether such areas shall be set apart for preservation and recognition, through whatever means possible.
Nothing in this article shall be construed to prevent ordinary
maintenance or repair of any exterior architectural feature now or
hereafter located in a Residential Historic Neighborhood Conservation
District.
