Fayette Definitions ordinance (§ 415.020)

Unless specifically defined below, words or phrases in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter 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 Fayette.

BOARD OF ADJUSTMENT: The Board established pursuant to Chapter 405, Article X, Section 405.900.

CERTIFICATE OF APPROPRIATENESS: A certificate issued by the Fayette Historic Preservation Commission (FHPC) indicating its approval of plans for alteration, construction, removal, or demolition of a landmark or of a structure within a historic district.

CERTIFICATE OF ECONOMIC HARDSHIP: A certificate issued by the FHPC authorizing an alteration, construction, removal, or demolition, even though a certificate of appropriateness has previously been denied.

COMMISSIONER: Member of the Fayette Historic Preservation Commission appointed by the Mayor.

CONSTRUCTION: The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

CULTURAL RESOURCES: Districts, sites, structure, 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(s) 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.

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 material and type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

FHPC: Members of the Historic Preservation Commission.

HISTORIC DISTRICT: An area designated as a "historic district" by ordinance of the Board of Aldermen 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.

LANDMARK: A property or structure designated as a "landmark" by ordinance of the Board of Aldermen, 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 Fayette.

MINIMUM MAINTENANCE: The minimum regulations governing the conditions and maintenance of all existing structures, as currently adopted in the Technical Codes, with any amendments thereto, as set out in Section 500.010 of this Code.

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 hereof 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 either change of materials or of form.

OWNER OF RECORD: The person, corporation, or other legal entity listed as the owner on the records of the County Recorder of Deeds.

PLANNING AND ZONING COMMISSION: The Commission established pursuant to Section 400.030 of the Code of Ordinances.

PUBLIC IMPROVEMENT PROJECT: An action by the City of Fayette or any of its departments or agencies involving 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 affecting 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.

RULES OF PROCEDURE: A set of rules written in plain English and adopted by the members of the FHPC which should include, but are not limited to, step-by-step procedures for at least the following items:

1. Regular meeting date, time, and place and a description of the Commission's meeting format.

2. What the applicant does for each step where he/she must go.

3. What the Commission does, including staff review, committee review, and site inspections.

4. Role of other governmental bodies or employees.

5. A detailed description of the nomination procedure including provision for notice to applicants of their hearing, publication of meeting notice, and property owner objection or concurrence.

6. A detailed description of the procedure for developing design guidelines.

7. Appeal procedure.

8. Submission requirements for design review.

9. A precise explanation of what happened with each option of final Commission action: approval, approval with conditions, disapproval, or no action.

SITE: The traditional, documented, or legendary location of an event, occurrence, action, or structure significant in the life or lives of a 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 areas, 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.

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, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antenna dish, 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 historic research for the purpose of identifying landmarks or districts worthy of preservation.