HomeMy WebLinkAboutHDC1981-003 Pages From A Book and Newspaper Article 10/23/1981995
HISTORIC: DI5TRICI,S
19- 5003
SFCHON,
SECTION.
19-3004.
Appointment of historic district
19-5007.
Filing (if' certificate -- Yle.kring —,
commission — Qualifications
Notice — Dutermination.
— Term — Vacancies —
19-5008.
Certain changes not prohibited.
Compensation — Officers --
19-5009.
Appeal from dr�cision to c•hnncery
AuthoriLy.
court — Remedy exclusive.
19-5005.
Certificate of* appropriateness
19-5010.
Powers vested in chancery court —
required.
Property owners' agreement.
19-5006-
Commission not to be concerned
19-5011.
Violation to constitute
with interior architectural
misdemeanor.
features.
19-5001. Short title. — This act [§§ 19-5001- — 19-5011] shall be known
and may be cited as the Historic Districts Act. [Acts 1963, No. 484, § 1, p.
1547.]
Cross -References. Historic preservation,
y B-904 — 8-913.
19-5002. Legislative purpose. — The purpose of this act [§§ 19-5001 —
19-5011] is to promote the educational, cultural, economic and general
welfare of the public through the preservation and protection of buildings,
sites, places, and districts of historic interest, through the maintenance of
such as landmarks in the history of architecture of the municipality, of the
' state and of the nation, and through the development of appropriate settings
for such buildings, places and districts. [Acts 1963, No. 484, § 2, p. 1547.]
1.9-5003. Procedure for establishment of historic districts. — Any city
or town may, by ordinance adopted by vote of the.governing body thereof,
establish historic districts and may make appropriations for the purpose of
carrying out the provisions of this act [§§ 19-5001 — 19-5011], subject to the
following provisions:
A. An Historic District Commission, established as provided in section 4
[§ 19-5004], shall make an investigation and report on the historic
significance of the buildings, structures, features, sites or surroundings,
includgd in any such proposed historic district and shall transmit copies of
its report to the Arkansas Historic Preservation Program, a Division of the
Arkansas Department of Natural and Cultural Heritage, the Planning
Commission of the municipality, if any, and in the absence of sach Planning
Commission, to the governing body of the municipality, for their
consideration and recommendation, and each such body or individual shall
give its recommendation to the Historic District Commission within sixty
(60) days from the date of receipt of such report. Such recommendations
` shall be read in full at the public hearing to be held by the Historic District
i Commission as hereinafter specified. Failure to make recommendations
a within sixty (60) days after date of receipt shall be taken as approval of the
report of the Historic District Commission.
B. The Historic District Commission shall hold a public hearing on the
establishment of a proposed historic district after giving notice of such
hearing by publication in a newspaper of general circulation in the
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19-5003 CITIES AND TOWNS 996
municipality once a week for three [3] consecutive weeks, the first such
publication to be at least twenty [20] days prior to said public hearing. Snch
notice shall include the time and place of said Hearing, specify the purpose
and describe the boundaries of the proposed historic district.
C. The Historic District Commission shall submit a final report with its
recommendations and a draft of a proposed ordinance to the governing body
of the municipality within sixty [60] nays after the public hearing. The
report shall contain the following:
1. A complete description of the area or areas to be included in the historic
district or districts. Any single historic district may embrace
noncontiguous lands;
2. A map showing the exact boundaries of the area or areas to be included
within the proposed district or districts;
3. A proposed ordinance designed to implement the provisions of this act;
4. Such other matters as the Commission may deem necessary and
advisable.
D. The governing body of the municipality after reviewing the report of
the Historic District Commission shall take one [1] of the following steps:
1. Accept the report of the Historic District Commission and enact an
ordinance to carry out the provisions of this act;
2. Return the report to the Historic District Commission with such
amendments and revisions thereto as it may deem advisable, for
consideration by the Historic District Commission and a further report
to the governing body of the municipality within ninety [90] days of such
return;
3. Reject the report of the Historic District Commission stating its reasons
therefor and discharge the Commission.
E. The Historic District Commission established under the provisions of
this act may, from time to time, by following the procedures set out in
subsections (B) to (D), inclusive, of this section, suggest proposed
amendments to any ordinance adopted hereunder or suggest additional
ordinances to be adapted hereunder. [Acts 1963, No. 484, § 3, p, 1547; 1965,
No. J170, § 1, p. 524; 1977, No. 480, § 11, P. 1164.1
Compiler's Notes. Section 2 of Acts 1965,
No. 170 is compiled as § 19-5010.
Section 10 of Acts 1977, No. 480 is compiled
as § 8-913.
Amendments. The 1977 amendment in
paragraph A. substituted "Historic
Preservation Program, a Division of a e
Arkansas Department of Natural and
Cultural Heritage" for "History Commission"
preceding "the Planning Commission of the
municipality."
Repealing Clause, Section 12 of Acts 1977,
No. 480 repealed Acts 1975, No. 564, §§ 8-901
— 8-903 and all laws and parts of laws in
conflict therewith.
Separability. Section 13 of Acts 1977, No.
480 read: "If any provision of this or the
application thereof to any person or
circumstance is held invalid, such invalidity
shall not affect other provisions or
applications of this Act which can be given
effect without the invalid provision or
application, and to this end the provisions of
this Act are declared to be severable."
Emergency. Section 14 of Acts 1977, No.
480 read: "It is hereby found and determined
by the General Assembly that it is desirable
that the historical and cultural heritage of the
State of Arkansas be preserved; that it is
essential that an agency be created to
coordinate and supervise authority in
preserving the historical and cultural.
heritage of the State; that this Act is designed
to accomplish this purpose and should be
given effect immediately. Therefore, an
emergency is hereby declared to exist and this
' 19-5007 CITIES AND TOWNS
19.5007. )15 iIing of certificate ---Ilea ' g— Not icc — 1)etyerm�i-1naIi0n. —
s# Within a reasonable time not to exc thirty (30) days rafter the filiti€; ofan
application for a crrtif'scate of rcapriateness with the Commission, said
Cuenmission shall determine e property to be materially affected by such
applications and forthwith end by mail, postage 1)repaid.
-am4 to the owners of all such properties to be materially affiected, notice of
the hearing to be heI.d by the Commission on said application.
The Commission may hold such public hearings as are necessary in
considering any applications for certificates of appropriateness. The
Commission shall act on such application far certificate of appropriateness
,vithin a reasonable period of time. The Commission shall determine
whether the proposed construction, reconstruction, alteration, restoration,
moving or demolition of buildings, structures, or flppurtenant fixtures
involved will be appropriate to the preservation of the Historic District for
the purposes of this act [§§ 19-5001-19-5011]; or wl:ether, notwithstanding
that it may be inappropriate, owing to conditions especially affecting the
structure involved, but not affecting the Historic District generally, failure
to issue a certificate of appropriateness will involve a substantial hardship,
to the applicant, and whether such certificate may
be issued without substantial detriment to the public welfare and without
substantial derogation from the intent and purpose of this act.
If the Commission determines that the proposed construction,
reconstruction, alteration, restoration, moving or demolition is appropriate
or is not appropriate, owing to conditions as aforesaid but that failure to
issue a certificate of'appropriateness would involve substantial detriment.or
derogation as aforesaid, or if the Commission fails to make a deterlrrinatiort
within a reasonable time prescribed by ordinance, the Commission shall
forthwith approve such application and shall issue to the applicant a
certificate of appropriateness, if the Commission determines that a
certificate of appropriateness should not be issued, it shall place upon its
records the reasons for such determination and may include
recommendations respecting the proposed construction, reconstruction,
alteration, restoration, moving or demolition. The {;ornmission shall
forthwith notify the applicant af'such determination- [Acts 1963, No. 484,
§ 7, p. 1547.]
19-5008. Certain changes not prohibited. — Nothing in this act
[§§ 19-5001 — 19-50111 shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the; Historic
District
nor to prevent the construe ort, reconstruction,
a&r-ation, restoration, or demolition of any such feature which the building
inspector or similar agent shall certify is required by the public safety
because of an unsafe or dangerous condition; nor to prevent the
construction, reconstruction, alteration, restoration or demolition of any
such feature under a permit issued by a building inspector or similar agent
prior to the eMetive date of the establishment of said Historic District. [Acts
1963, No. 484, § 8, P. 1547.]
r
997 HISTORIC DISTRICTS 19 5006
Act being neeminry for the 1mR50tiale alter iln paAgligf' and approval," Approved
preservation of she public peace, health and March 17, 1977.
safety shall he in full force and effect from and
19-5004. Appointment of historic district commission— Qualifications
—'Perm — Vacancies — Compensation — Officers — Authority. — The
Historic District Commission, hereinafter referred to as "Commission,"
shall consist of five [5] members appointed by the mayor, subject to
confirmation by the governing body of the city, wino shall be electors of such
municipality holding no salaried or elective municipal office. The
appointments to membership on the Commission shall be so arranged that
the term of at least one [1] member will expire each year, and their
successors shall be appointed in a like manner for terns af'three [3] years.
Vacancies shall be filled in like manner for the unexpired term. All
members shall serve without compensation. 1,he C0111Inissiolt shall elect a
Chairman and Vice-Chairmani annually frorn its own number. The
Commission may adopt rules and regulations not inconsistent with the
provisions of this act [§§ 1M001 — 19-50111 :anti m�ty, subject to
appropriation, employ clerical and technical assistance or consultants and
may accept money, gifts or grants, and use the same for such purposes. [Acts
1963, No. 484, § 4, p. 1547.]
19-5005. Certificate of appropriateness required. --• No building or
structure including stone walls, fences, light fixtures, steps and paving or
other appurtenant fixtures ,hall be erected, altered, restored, moved, forao
demolished within an historic district until after an application
certificate of appropriateness as to exterior architectural features has been
submitted to and approved by the Commission. The municipality shall
require a certificate of appropriateness to be issued by the Commission prior
to the issuance of a building permit or other permit granted for purposes of
constructing or altering structures. A•et'4i eeoe airlapr purr -;a --a ^^—
• For purpo f this
act [§§ 19-5001 �— 19-5011] "exterior architectural features" dude
the architectural style, general design and general arrangement of the
-exterior of a structure, including the kind and texture of the building
material and the type and style oral I windows, doors, light fixtures, signs
and other appurtenant fixtures. The style, material, size and location of
outdoor advertising signs and bill posters within an historic district shall
also be under the control of the Commission. [Acts 1963, No. 484, § 5, P.
1547.]
19-5006. Commission not to be concerned with interior architectural
features. — In its deliberations under this act [§§ 19-5001. —• 19-5011], the
commission shall not consider interior arrangement or use and shall take
no action under this act except for the purpose of preventing the
construction, reconstruction, alteration, restoration, moving or demolition
of buildings, structures or appurtenant fixtures, in the Historic District
obviously incongruous with the historic aspects of the District. [Acts 1963,
No. 484, § 6, p. 1547.]
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999 PUBLIC CORPORATIONS FOR MUNICIPAL FACILITIES 19-5011
19-5009. Appeal from decision to chancery court — Remedy exclusive.
— Any applicant aggrieved by the determination of the Commission may.
within 30 days after the making of such decision, appeal to the Chancery
Court of the county wherein the property is tocaited. The Court shall hear
all pertinent evidence and shall annul the determination of the Commission
if it finds the reasons given for such determinations to be unsupported by
the evidence or to be insufficient in law and may make such other decree
as justice and equity may require. The remedy provided by this section shall
be exclusive; but the applicant shall have all rights of appeal as in other
equity cases. [Acts 1963, No. 484, § 9, p. 1547.]
19-5010. Powers vested in chancery court — Property owners'
agreement. — The Chancery Court having jurisdiction over the property in
question shall have jurisdiction in equity to enforce the provisions of this Act
in the rulings issued thereunder and may restrain by injunction violations
thereof. Provided, none of the provisions of this Act shall be in operation
until and unless (1) there shall have been filed with the City Clerk of the city
or town in which a historic district is contemplated, a petition signed by a
majority in numbers of the property owners within such proposed historic t
district agreeing that their property shall be included in such historic 3 Jl
district; or (2) the boundaries of the proposed historic district are identical
Ali -
to and encompass the area of a National Register of Historic Places Historic
),
District as certified by the United States Department of Interior. [Acts 1963,E
No. 484, § 10, p. 1547; 1965, No. 170, § 2, p. 524; 1979, No. 371, § 1, p. —.] VA
Amendments. The 1979 amendment in the Repealing Clause. Section 2 of Acts IVI!3,
second sentence added the words "or (2) the No. 371 repealed all laws and parts of laws in
boundaries of the proposed historic district conflict with that act.
are identical to and encompass the area of a Section 3 of Acts 1965, No. 170 repealed all
National Register of Historic Places Historic laws and parts of laws in conflict therewith.
District as certified by the United States
Department of Interior."
19-5011. Violation to constitute misdemeanor. — Any person who
:;violates any of the provisions of this act [§§ 19-5001 — 19-5011] shall be
guilty of a misdemeanor, and upon conviction thereof shall be fined not less
than $10.00 nor more than $500.00. Each day that a violation continues to
exist shall constitute a separate offense. [Acts 1963, No. 484, § 11, p. 1547.]
Severability. Section 12 of Acts 1963, No. every other section, paragraph, or part shall
484 read: "In case any section, paragraph, or continue in full force and effect; and to this
part of this act shall for any reason be end the provisions hereof are declared to be
declared invalid or held unconstitutional, severable."
CHAPTER 51
PUBLIC CORPORATIONS FOR MUNICIPAL FACILITIES
SECTION. SECTION.
19-5101. Definitions. 19-5104. Contents of certificate of
19-5102. Legislative intent. incorporation.
19-5103. Authority and procedure to 19-5105. Execution and recording of
incorporate. certificate of incorporation.
a
Notice of Public Heoring
On May 4 19k11, of +;o0 p.m. In the chambor
of the board of Directors of the City Of Llllio
Rack, Arkantas. 2nd Ploor, City Hell, pVrslM
and to fha fMistarIc Dltirkll Act (Act old of
1963), the Little Rock Historic Dlttrlci Com-
misslan will hard a pubiIc hear I n 0 for the pur-
gone of reading recommendations from the
ArkenAi Department of Nelurel and Cultu-
ral Horllego and the L1119 Rack Planning
Commisslon rogardtng the 900110MOnt Of a
histarK district wllhln the area described N:
Ee9fnnrng at a point which lb 1be InlerseG-
lien of the canto ( lines of Ferry Siroot and
Fifth ICapiloT Avanua); from said paint run
5 along the caniorline of Ferry Slrael as
plotlad, to the c4onlerilne of Nlrith Sletoi;
Ihonce run E along the conterllne Of Mirth
Street to the canlorllne of the W Pro',
Road of Interstate 30; MonC/ run SE sionp
fha conterllna of ine sy Frontage Road of
tnlerrtate 30 to the evniorlino of MCGDwaM1
StreoIj Ih"co run S along the ceniOF11, a vl
McGowan Street 10 the centarilne OI Thir-
toenth StrooT; Monco run W olong the con-
torilno of Thirteenth Street to the can-
terllno of MCAlmont Streal; thence run S
along the canlerilna of MCOimehi Slraat 10
the c.Onterllno of SlxItenlh Slrgal; lhanco
run W along ihC centcrlino of Si Yleenih
Street to the contcrllne e1 Bragg Street;
thence run N along ins canlorllno of Bragg
Street to the conterllne of Flfloanlh Streel;
it:anca run W along the contarrina at Fkl-
t4pnth Street to the conterllna at an 6110y
bctwoon Scott Sireet and Main Slraet;
thence run N along the onnlarllne of Ina al-
ley bafwewl Main St(oer and Scott Street Io
the U'nlor%np 6f Ninth 5lrpot; the nc0 run E
along the canlaYllna of Ninth 54reot to the
cenlerllne of COmrxrland Slreel; IhOnct
run N alanp the contarilno of CVmbarlend
Si rdet to ine Centerlino of Fillh Wool
1Capltot AVanuall thence run ti along the
- Can her, Ina et Fifth Strd of (Cap l f of Ave nu0)
10 the point of•baglnning, which Is, fha in'
Iertor "on of the centerl l n as of Ferry Sir Ott
end Fkf,h 5treaf ,COO fat Ave nual.
All Intorasled parilei may appear and be
hoard of said ilmo and place. OrdlnancaL
gulddllnaa, byLows and other "Hinont data
Bra avatlabla for inspection In the Office 0!
Comprehensive Planning, Room 311, Cut
Hell, Little hack, Arkansas. All Inierostac
person$ era Invl led Ie review Iho IMar met ier
In saki otftco and 10 discuss lho details wit)
the Planning staff.
Given unto my hand thls 15 day of Aprl
1981.
/s/Nattianlel M. Griffin, Director
Office of Comprehensive Planning
54630 d-lbThur: 31