KRS 82.660: Creation of overlay districts -- Contents of ordinance -- Effect of

establishment of district.

(1) 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.

(2) 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.

(3) 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, ar chitectural, 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

(4) Any city participating in the Certified Local Government Historic Preservation

Program shall comply with the regulations of the Kentucky Heritage Commission.

(5) Upon the effective date of the establishment of an overlay dist rict, 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 withi n 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.