2013 Kentucky Revised Statutes CHAPTER 82 - GENERAL PROVISIONS APPLICABLE TO CITIES 82.660 Creation of overlay districts -- Contents of ordinance -- Effect of establishment of district.
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82.660 Creation of overlay districts -- Contents of ordinance -- Effect of
establishment of district.
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A city legislative body, except for urban-county governments, may by
ordinance create one (1) or more overlay districts pursuant to this section to
provide additional regulations for design standards and development within any
area of the city determined to be:
(a) An area that has historical, architectural, natural, or cultural significance
that is suitable for preservation or conservation; or
(b) An area that is located near a river or other body of water, or along an
established commercial corridor that has a special character related to the
location that is suitable for conservation.
Upon the establishment of an overlay district, development within the area
shall conform to all zoning regulations applicable to the area and shall also
conform to all overlay district regulations.
An ordinance establishing an overlay district shall, at a minimum, include the
following provisions:
(a) An accurate description of the boundaries of the district;
(b) A description of the historical, architectural, cultural, aesthetic, natural, or
other distinctive characteristics of the district that are to be preserved or
conserved;
(c) A delegation of responsibility for the administration of overlay regulations
to an appropriate entity of city government pursuant to KRS 82.670;
(d) The standards, guidelines, or criteria that shall govern development within
the district to preserve, conserve, or protect the historical, architectural,
cultural, aesthetic, or other distinctive characteristics of the district. These
standards, guidelines, or criteria may be set out descriptively in the
ordinance or by illustration, and may incorporate by reference established
architectural standards or guidelines; and
Any city participating in the Certified Local Government Historic Preservation
Program shall comply with the regulations of the Kentucky Heritage
Commission.
Upon the effective date of the establishment of an overlay district, no person
shall begin any major structural change or any ordinary repairs to any building
or structure or change or create any surface parking lot, or clear a parcel or lot
of trees or other major vegetation, or change the appearance to signage within
an overlay district until the city has issued a permit, without cost, certifying that
the person has complied with the provisions of the overlay district regulations
governing the district. This prohibition shall not apply to emergency repairs that
need to be made to a building or structure within an overlay district.
Effective:July 13, 1990
History: Created 1990 Ky. Acts ch. 479, sec. 2, effective July 13, 1990.
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