HomeMy WebLinkAbout22338 1 ORDINANCE NO.22,338
2
3 AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE IV, DIVISION 3, § 23-
4 115 OF THE LITTLE ROCK REVISED CODE OF ORDINANCES (1988), TO
5 PROVIDE FOR A REVISION OF THE PURPOSES AND PROCEDURES
6 CONCERNING CERTIFICATES OF APPROPRIATENESS; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, the purposes and procedures of concerning the Historic District Commission's
10 treatment and issuance of Certificates of Appropriateness were established pursuant to Little Rock, Ark.
11 Ordinance No. 19,755 (May 15, 2007) and amended, in part, by Little Rock, Ark. Ord. No. 20,423 (April
12 19,2011); and,
13 WHEREAS, there is now a desire to amend the ordinance concerning the Historic District
14 Commission's treatment and issuance of Certificates of Appropriateness in order to clarify and simply the
15 processes of applying for and issuance of such a certificate; and
16 WHEREAS, the inclusion of standard terms and procedures for Certificate of Appropriateness in
17 Historic Preservation Ordinances is considered to be a best practice for the efficacy of managing the
18 significant architectural and historic character of the local ordinance district; and
19 WHEREAS, the proposed standard terms and procedures are in alignment with zoning approvals and
20 Building Permits issued by the City of Little Rock's Planning& Development Department.
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
22 OF LITTLE ROCK,ARKANSAS:
23 Section 1. Little Rock, Ark., Rev. Code § 23-1 15 (1988) is hereby amended to read as follows:
24 DIVISION 3.- CERTIFICATE OF APPROPRIATENESS.
25 Sec. 23-115.- Certificate of Appropriateness Required.
26 (a) Certificate of Appropriateness required. No building or structure, including stone walls,
27 fences, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered,
28 restored, moved, or demolished within the Historic District created by this division until after
29 an application for a certificate of appropriateness as to the exterior architectural changes has
30 been submitted to and approved by the Historic District Commission.
31 A Certificate of Appropriateness shall have been issued by the Commission prior to the
32 issuance of a Building Permit or other permit granted for purposes of constructing, altering,
33 restoring, moving or demolishing structures. A Certificate of Appropriateness shall be
34 required whether or not a Building Permit is required. Each Certificate of Appropriateness
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1 shall be issued to a specific owner of real property and cannot be transferred from the
2 property owner to whom it was issued to another person. Each certificate of appropriateness
3 shall be issued for a specific parcel of real property and cannot be transferred for use on
4 another parcel of real property.
5 (b) Conditions. The Historic District Commission may impose conditions upon a Certificate of
6 Appropriateness. The conditions must be stated within the Historic District Commission's
7 Motion of Approval and approved as such as provided in this Chapter.
8 1. Expirations and Extensions. Conditions shall include time limits for the validity of
9 the Certificate of Appropriateness. If permits issued by the Building Code Division
10 relevant to the Certificate of Appropriateness expire following the period of
11 validity,the Certificate of Appropriateness shall be null and void.
12 i. All Certificates of Appropriateness,except for those for new construction
13 and additions, shall expire one (1)-year from the date of issuance unless
14 the work pursuant to that Certificate of Appropriateness has been
15 commenced within that one (1)-year period or the permits required by
16 the City and to be issued by the City's Building Code Division have been
17 applied for within that one(1)-year period.
18 ii. Certificates of Appropriateness for new construction and additions shall
19 expire three (3)years from the date of issuance unless the work pursuant
20 to that Certificate of Appropriateness has been commenced within that
21 three (3)-year period or the permits required by the City and to be issued
22 by the City's Building Code Division have been applied for within that
23 three(3)-year period.
24 iii. A six (6)-month extension of a Certificate of Appropriateness may be
25 granted administratively. If an additional extension is requested, the
26 Historic District Commission may grant a second extension for up to one
27 (1)-year based on good cause. Any request for an extension of a
28 Certificate of Appropriateness must be submitted in writing to the
29 Historic District Commission at least one (1)-month prior to its
30 expiration. After a Certificate of Appropriateness, and any extensions
31 thereof, has expired, the certificate of appropriateness shall be null and
32 void.
33 iv. An extension of a Certificate of Appropriateness shall not be granted if
34 there are changes to the plans and specifications of such work approved
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1 by the issued Certificate of Appropriateness and in the case of a
2 Certificate of Appropriateness issued for demolition.
3 (c) Enforcement and Violations. All work performed pursuant to a Certificate of Appropriateness
4 issued shall conform to the conditions expressly stated in the Certificate or reasonably
5 implied therefrom. In the event any condition or requirement included in the certificate of
6 appropriateness has not been met, or work requiring a Certificate of Appropriateness occurs
7 in the absence of Certificate of Appropriateness, a Citation for Violation shall be issued
8 pursuant to Sec. 23-78 of this Division and all work shall immediately cease until such
9 violations have been remedied. If changes occur to the scope of work of an issued Certificate
10 of Appropriateness that are not a violation of a condition, as determined by staff, a Citation
11 will not be issued.
12 (d) Placement of Certificate of Appropriateness. The Certificate of Appropriateness or copy
13 shall be posted on the site of the work at the front of the property to be seen from the street
14 until the completion of the project.
15 Section 2. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph,
16 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
17 unconstitutional, such declaration or adjudication shall not affect the remaining provisions of this
18 ordinance,as if such invalid or unconstitutional provision was not originally a part of this ordinance.
19 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
20 ordinance are hereby repealed to the extent of such inconsistency.
21 PASSED: November 21,2023
22 fiatAPPROVED:
23l
24ji^-2v-A""
25 ' 1" '1`17. . ,City Clerk Frank Scott,Jr.,Mayor
26 APP'O TM' S TO LEGAL FORM:
27
28 '4 ,
29 Thomas M. Carpenter, City Atto ney
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