COMMISSIONERS ORDINANCE NO. 0-99-10
AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF NEWPORT, KENTUCKY ADOPTING REVISED HISTORIC DISTRICT DESIGN REVIEW GUIDELINES AS PART OF THE CODE OF ORDINANCES FOR THE CITY OF NEWPORT, KENTUCKY AND REPEALING THE EXISTING GUIDELINES.
WHEREAS, there has been compiled, edited and printed a codification of Historic District Design Review Guidelines to be a part of the permanent and general ordinances of the City of Newport, Kentucky; and
WHEREAS, the City of Newport, Kentucky Historic Preservation Commission held numerous public hearings to revise and adopt new guidelines for the regulation of the East Row Historic District, and
WHEREAS, those guidelines were approved by the City of Newport, Kentucky Planning & Zoning Commission, and
WHEREAS, these guidelines are now on file in the office of the City Clerk, for public inspection, entitled "East Row Historic District Design Review Guidelines;"
BE IT ORDAINED BY THE CITY OF NEWPORT, KENTUCKY:
SECTION I
That Subsection "A" of Section 2.32.040 of the Code of Ordinances of the City of Newport, Kentucky Municipal Code be amended to read as follows:
2.32.040 Same-Powers and duties.
A. There is hereby adopted the "East Row Historic District Design Review Guidelines as adopted and hereafter amended by reference the same as if fully set forth herein. In addition to the powers and duties stated elsewhere, the commission shall take action necessary and appropriate to accomplish the purpose of this chapter. These actions may include, but are not limited to, conducting a survey of historic buildings and areas and preparing a plan for their preservation; recommending the designation of historic districts and individual landmarks; regulating changes to designated property, including proposed alterations that are visible to the public; demolitions and new construction; adopting guidelines for changes to designated property; working with and advising the federal, state and county governments and other parts of city government; and advising and assisting property owners and other persons and groups, including neighborhood organizations, who are interested in historic preservation. In addition, these actions may include initiating plans for the preservation and rehabilitation of individual historic buildings an undertaking educational programs, including the preparation of publications and the placing of historic markers.
SECTION II
Adoption. There is hereby adopted the "East Row Historic District Design Review Guidelines," as compiled, edited and printed by the City of Newport, Kentucky as of May 17, 1999.
SECTION III
Title-Citation-Reference. These guidelines shall be known as the "East Row Historic District Design Review Guidelines" and it shall be sufficient to refer to said guidelines as the "East Row Historic District Design Review Guidelines" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "East Row Historic District Design Review Guidelines." References may be made to the titles, chapters, sections and subsections of the said guidelines and such references shall apply to those titles, chapters, sections or subsections as they appear in such guidelines.
SECTION IV
Reference Applies To All Amendments. Whenever a reference is made to these guidelines as the "East Row Historic District Design Review Guidelines" or to any portion thereof, or to any other historic preservation ordinance of the City of Newport, Kentucky, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
SECTION V
Title, Chapter and Section Headings. Title, chapter and section headings contained therein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any other title, chapter or section thereof.
SECTION VI
Effect of Code on Past Actions and Obligations. The adoption of these guidelines shall not affect prosecutions for ordinance violations committed prior to the effective date of said guidelines, and does not waive any fee or penalty due and unpaid on the effective date of this code, and shall not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.
SECTION VII
Constitutionality. If any section, subsection, sentence, clause or phrase of said guidelines for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the guidelines.
SECTION VIII
References to Prior Code. References in City forms, documents and regulations to the chapters and sections of the former guidelines shall be construed to apply to the corresponding provisions contained within these guidelines.
SECTION IX
That this Ordinance shall be signed by the Mayor, attested by the City Clerk, recorded, published and effective upon publication.
PASSED: First reading 5-17-99
PASSED: Second reading 5-24-99
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