Article VIII, § 420-8.2

Appeals may be taken from any action or decision of the Zoning Administrator and Board in granting or refusing to grant a certificate of appropriateness. Appeals shall be taken to Lexington City Council within 30 days of the action taken by the Architectural Review Board. Further, any owner or any party aggrieved by the decision of the Lexington City Council shall have the right to appeal to the Circuit Court of the City of Lexington within 30 days of the action taken by the Lexington City Council.

The failure of the Board to approve or disapprove such plans and specifications, with or without conditions or modifications, within 60 days from the date of application for the certificate of appropriateness shall be deemed to constitute approval.

No improvement, structural or otherwise, in the Historic Downtown Preservation District shall be located, constructed, reconstructed, altered, repaired or demolished unless a permit therefor is issued by the Zoning Administrator. No such permit shall be issued unless a certificate of appropriateness is issued for such purpose by the Architectural Board.

The owner of a building or structure located in the Historic Downtown Preservation District, the razing or demolition of which is subject to the provisions of this article, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure provided that he has applied for such right, made a bona fide offer to sell, and no bona fide contract has been executed.

The Board shall consider the historical or architectural value and significance, appropriateness of exterior architectural features, general exterior design, arrangement, textures, materials, planting and color, and any applicable design guidelines.

The building regulations of the Historic Downtown Preservation District will conform to the existing zoning districts that the Historic Downtown Preservation District is superimposed upon.

The Board shall prescribe the character, type, color and materials used in the erection, posting, display or maintenance of signs permitted in the Historic Downtown Preservation District.