UNOFFICIAL COPY 23 RS BR 1698
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AN ACT relating to overlay districts. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 82.660 is amended to read as follows: 3
(1) A city legislative body, except for urban-county governments, may by ordinance 4
create one (1) or more overlay districts pursuant to this section to provide additional 5
regulations for design standards and development within any area of the city 6
determined to be: 7
(a) An area that has historical, architectural, natural, or cultural significance that 8
is suitable for preservation or conservation; or 9
(b) An area that is located near a river or other body of water, or along an 10
established commercial corridor that has a special character related to the 11
location that is suitable for conservation. 12
(2) Upon the establishment of an overlay district, development within the area shall 13
conform to all zoning regulations applicable to the area and shall also conform to all 14
overlay district regulations. 15
(3) An ordinance establishing an overlay district shall, at a minimum, include the 16
following provisions: 17
(a) An accurate description of the boundaries of the district; 18
(b) A description of the historical, architectural, cultural, aesthetic, natural, or 19
other distinctive characteristics of the district that are to be preserved or 20
conserved; 21
(c) A delegation of responsibility for the administration of overlay regulations to 22
an appropriate entity of city government pursuant to KRS 82.670; 23
(d) The standards, guidelines, or criteria that shall govern development within the 24
district to preserve, conserve, or protect the historical, architectural, cultural, 25
aesthetic, or other distinctive characteristics of the district. These standards, 26
guidelines, or criteria may be set out descriptively in the ordinance or by 27 UNOFFICIAL COPY 23 RS BR 1698
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illustration, and may incorporate by reference established architectural 1
standards or guidelines. The standards, guidelines, or criteria governing 2
development within the district, enacted under this section or KRS Chapter 3
100, shall not prohibit a property owner from painting structures in the 4
district with traditional colors that exist on other structures within the 5
district, except that the standards, guidelines, or criteria may prohibit the 6
painting of structures constructed with types of materials that have not 7
otherwise been painted within the district, including but not limited to 8
historic brick, stone, stucco, terra cotta, or other types of historic building 9
materials that were not originally painted, have never been painted, or 10
should not be painted because of the risk of causing irreversible damage to 11
the materials used in the historic structures.[; and] 12
(4) Any city participating in the Certified Local Government Historic Preservation 13
Program shall comply with the regulations of the Kentucky Heritage Commission. 14
(5) Upon the effective date of the establishment of an overlay district, no person shall 15
begin any major structural change or any ordinary repairs to any building or 16
structure or change or create any surface parking lot, or clear a parcel or lot of trees 17
or other major vegetation, or change the appearance to signage within an overlay 18
district until the city has issued a permit, without cost, certifying that the person has 19
complied with the provisions of the overlay district regulations governing the 20
district. This prohibition shall not apply to emergency repairs that need to be made 21
to a building or structure within an overlay district. 22