HomeMy WebLinkAboutHDC2007-016 Article IV. Historic PreservationC
PLANNING
Identifyng
Name /ap,
°l
Metropolitan Park
Community Park
Neighborhood Park
Regional Park
Open space (where showand described in plan(b) Within each generalsites
are identified as follows:
Identifying
Name Symbol
Existing facility E
Proposed facili P
(Code 1961, § 2 41)
Sec. 23-Ta011
ctions of areas.
The pagrounds, and recreational areas
shown ok system master plan presently
serve, orplanned to serve, their functions
accord g to the planning concepts and park sys-
tem s dards listed in the plan.
(Cod 1961, § 24-42)
23-54-23-75. Reserved.
ARTICLE IV. HISTORIC
PRESERVATION*
DIVISION 1. GENERALLY
Secs. 23-76-23-95. Reserved.
DIVISION 2. HISTORIC DISTRICT
COMMISSIONt
Sec. 23-96. Established.
The historic district commission is established.
(Code 1961, § 2-89(a))
'State law reference —Historic Districts Act, A.C.A. §
14-172-201 et seq.
tCross reference Boards and commissions generally, §
2-261 et seq.
State law reference —Historic district commission gener-
ally, A.C.A. § 14-172-2065.
VELOPMENT
Supp. No. 24 1334.1
§ 23-96
0 1
PLANNING AND DEVELOPMENT
Sec. 23-97. Members.
(a) The historic district commission shall con-
sist of five (5) members appointed by the board of
directors. Members shall be electors of the city
holding no salaried or elective municipal office
and shall include two (2) persons who own prop-
erty within the historic district one (1) of whom
must also reside in the historic district, one (1)
architect and one (1) member of the Quapaw Quar-
ter Association and selected from a list of three
(3) submitted to the board of directors by the Quapaw
Quarter Association Board of Directors.
(b) Members shall be appointed for terms of
three (3) years each and until their successors are
appointed and qualified. Vacancies shall be filled
for the balance of the unexpired terms. Members
shall serve without compensation.
(Code 1961, § 2-89)
Sec. 23-98. Officers, meetings and staff.
The historic district commission shall elect a
chairman and vice-chairman annually from its
own number. The commission may adopt rules
and regulations not inconsistent with the provi-
sions of this article and may, subject to appropri-
ation, employ clerical and technical assistance or
consultants and may -accept money, gifts or grants,
and use the same for such purpose.
(Code 1961, § 2-89)
Sec. 23-99. Fiscal procedures.
The historic district commission is subject to all
fiscal procedures of the city.
Sec. 23-100. Duties generally.
(a) The historic district commission shall make
an investigation and report on the historic signif-
icance of the buildings, structures, features, sites,
or surroundings included in any proposed historic
district and shall transmit copies of its report to
the Arkansas Historic Preservation Program, a
division of the Department of Arkansas Heritage,
to the planning commission for their consideration.
and recommendation. Such program and the plan-
ning commission shall give their recommendation
to the historic district commission within sixty
(60) days from the date of receipt of the report.
1335
§ 23-102
(b) Recommendations shall be read in full at
the required public hearing to be held by the
historic commission. Failure to make recommen-
dations within sixty (60) days after date of receipt
shall be taken as approval of the report of the
historic district commission.
(Code 1961, § 2-90)
State law reference —Similar provisions, A.C.A. § 14-172-
207(1).
Sec. 23-101. Public hearings; notice.
The historic district commission shall hold a
public hearing on the establishment of`Laaosed
historic list ' is of such hear'
ing by publicafion 'r news a er -
culation in the city once a week for three (3) con-
secutive wee , the first such publication to a at
least twenty (20) days prior to the public hearing.
Such notice shall include the time and place of
the hearing, specify the purpose and describe the
boundaries of the proposed historic district.
(Code 1961, § 2-91)
State law reference —Similar provisions, A.C.A. § 14-172-
207(2).
Sec. 23-102. Required final report contents.
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 city within sixty (60) days 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 the Historic Districts Act
[A.C.A. § 14-172-201 et seq.].
(4) Such other matters as the commission may
deem necessary and advisable, including a
statement of purpose and policy.
(Code 1961, § 2-92)
State law reference —Similar provisions, A.C.A. § 14-172-
207(3)).
§ 23-103 LITTLE ROCK CODE
Secs. 23-103-23-125. Reserved. the same material and texture, replacing or add-
ing screens, gutters or downspouts.
DIVISION 3. HISTORIC DISTRICT
Sec. 23-126. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Alteration means any project involving change
of or addition to an existing building.
Area of influence means the affected area to be
notified for a public hearing as determined by a
specific type of construction, alteration, restora-
tion, moving or demolition as described in the
individual categories found .in the guidelines for
review adopted by the historic district commission.
Building means any structure having a roof
supported by columns or walls for the housing or
enclosure of persons, animals or chattels.
Detailing means architectural aspects that, due
to particular treatment, draw attention to certain
parts or features of a building.
Entrance area means the area of access to the
interior of the building including the design, lo-
cation, and materials of all porches, stairs, doors,
transoms, and sidelights.
Exterior architectural features means the archi-
tectural style, general design and arrangement of
the exterior of a structure, including the kind and
.texture of the building material, and the type and
style of all windows, doors, light fixtures, signs
and other appurtenant features.
Facade means a face of a building.
Height means the vertical distance as measured
through the central axis of the building from the
elevation of the lowest finished floor level to the
highest point of the building.
Massing means volume, magnitude or overall
size of a building.
Ordinary maintenance means those improvements
which do not change but simply upgrade a struc-
ture, including but not limited to: replacing dete-
riorated porch flooring, stairs, siding or trim in
Pitch means the degree of inclination.
Proportion means the relationship of height to
width of the building outline as well as individ-
ual components.
Rhythm means a harmonious or orderly recur-
rence of compositional elements at regular inter-
vals, including the location of doors and the place-
ment of windows, symmetrically or asymmetri-
cally and their relative proportion.
Roof area means the outside covering of a build-
ing or structure extending above the vertical walls
including the form, material, and texture of the
roof, and including the slope and pitch, spacing of
roof covering; size, design, number and location of
dormers, the design and placement of cornices,
and the size, design, material and location of
chimneys.
Scale means the relative dimension, size, de-
gree or proportion of parts of a building to each
other or group of buildings.
Sidelight means a narrow window flanking a
door.
Siting means the location of a building in rela-
tionship to the legal boundaries and,setbacks,
adjacent properties, and the natural conditions of
the site.
Structure means any improvement on the land
which extends above ground level.
Texture means the visual or tactile surface char-
acteristics created by shape, arrangement and distri-
bution of the component materials.
Wall areas means the vertical architectural mem-
ber used to define and divide space including the
kind and texture and exposure of wall sidings
and trims, and the location, number and design of
all window and door openings.
(Ord. No. 14,042, § 3, 5-5-81)
Cross reference=Definitions and rules of construction gen-
erally, § 1-2.
1336
C
r,
r�
PLANNING AND DEVELOPMENT
Sec. 23-127. Penalty.
Any person convicted of a violation of any of
the provisions of this division shall be punished
as provided in section 1-9.
Sec. 23-128. Findings; purpose.
It is found and determined that certain areas,
improvements, and districts within the city have
a special character or special historic or aesthetic
interest or value and represent architectural prod-
ucts of distinct periods in the history of the city,
and that the areas, improvements and districts
are in danger of being uprooted or having their
distinctiveness destroyed without adequate con-
sideration of the irreplaceable loss of the aesthet-
ic, cultural, and historic values represented by
such areas, improvements and districts, and there-
fore the preservation thereof is both feasible and
desirable to the people of this city. It is declared
as a matter of public policy that the protection,
enhancement, perpetuation, and use of such areas,
improvements and districts of special character
or special historic or aesthetic interest or value is
a public necessity and is required in the interest
of the health, prosperity, safety and welfare of
the people of this city. The purpose of this divi-
sion is to:
(1) Effect and accomplish the protection, en-
hancement, and perpetuation of such areas
and improvements and of districts which
represent or reflect elements of the city's
cultural, social, economic, political, and ar-
chitectural history.
(2) Safeguard the city's historic,. aesthetic and
cultural heritage, as embodied and reflected
in such areas, improvements and districts.
(3) Stabilize and improve property values in
such districts.
(4) Foster civic pride in the beauty and accom-
plishments of the past.
(5) Protect and enhance the city's attractions
to tourists and visitors and the support and
stimulus to business and industry thereby
provided.
(6) Strengthen the economy of the city.
§ 23-129
(7) Promote the use of historic districts and
landmarks for the education, pleasure, and
welfare of the people of the city.
(Ord. No. 14,042, § 1, 5-5-81)
Sec. 23-129. Created; boundaries.
The historic district is created and shall consist
of that area of the city shown on Exhibit "1"
which is attached to Ordinance No. 14,042 and
made a part of this division and more particu-
larly described as follows:
Beginning at a point which is the intersec-
tion of the centerlines of Ferry Street and Fifth
(Capitol Avenue); from such point run south
along the centerline of Ferry Street as platted,
to the centerline of Ninth Street; thence run
east along the centerline of Ninth Street to the
centerline of the west frontage road of Inter-
state 30; thence run southeast along the center-
line of the west frontage road of Interstate 30 to
the centerline of McGowan Street; thence run
south along the centerline of McGowan Street
to the centerline of Thirteenth Street; thence
run west along the centerline of Thirteenth Street
to the centerline of McAlmont Street; thence
run south along the centerline of McAlmont
Street to the centerline of Sixteenth Street; thence
run west along the centerline of Sixteenth Street
to the centerline of Bragg Street, thence run
north along the centerline of Bragg Street to
the centerline of Fifteenth Street; thence run
west along the centerline of Fifteenth Street to
the centerline of an alley between Scott Street
and Main Street; thence run north along the
centerline of the alley between Main Street and
Scott Street to the centerline of Ninth Street;
thence run east along the centerline of Ninth
Street to the centerline of Cumberland Street;
thence run north along the centerline of Cum-
berland Street to the centerline of Fifth Street
(Capitol Avenue); thence run east along the cen-
terline of Fifth Street (Capitol Avenue) to the
point of beginning, which is, the intersection of
the centerlines of Ferry Street and Fifth Street
(Capitol Avenue).
(Ord. No. 14,042, § 2, 5-5-81)
1337
M
§ 23-130
Sec. 23-130. Appeals.
LITTLE ROCK CODE
Any applicant aggrieved by the determination
of the historic district commission made pursuant
to the provisions of this division may, within thirty
(30) days after the making of such decision, ap-
peal the determination of the commission to the
chancery court of the county. The court shall hear
all pertinent evidence and shall annul the deter-
mination 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.
(Ord. No. 14,042, § 7, 5-5-81)
Sec. 23-131. Exemption.
Nothing in this division shall:
(1) Prevent the ordinary maintenance or re-
pair of any exterior architectural feature
in the historic district created by this divi-
sion which does not involve a change in
design, material, or outer appearance there-
of, nor to prevent the construction, recon-
struction, alteration, restoration, or demo-
lition of any such feature which the build-
ing inspector or other agent of the city shall
certify is required by the public safety be-
cause of an unsafe or dangerous condition.
(2) Prevent the construction, reconstruction, al-
teration, restoration or demolition of any
such feature under a permit issued by a
building inspector or similar agent of the
city prior to the effective date of the estab-
lishment of the historic district.
(Ord. No. 14,042, § 6, 5-5-81)
Sec. 23-132. Certificate of appropriateness—.
Generally.
(a) No building or structure, including stone
walls, fences, light fixtures, steps and paving or
other appurtenant• fixtures shall be erected, al-
tered, restored, moved, or demolished within the
historic district created by this divisio until after
an application for a certificate of appropriateness
as to the exterior architectural changes has been
submitted to and approved by the historic district
commission. An application for a certificate of
appropriateness shall have been issued by the
commission prior to the issuance. of a building
permit or other permit granted for purposes of
constructing or altering structures.
(b) In its deliberations under this article, the
commission shall not consider interior arrange-
ment or use and shall take no action hereunder
except for the purpose of preventing the construc-
tion, reconstruction, alteration, restoration, mov-
ing or demolition of buildings, structures or ap-
purtenant fixtures, in the district, which are deemed
by the commission to be obviously incongruous
with the historic aspects of the district.
(c) In making its determination, the commis-
sion shall consider without being limited to the
following criteria:
1338
(1) Proposed repairs, alterations, new construc-
tion, moving or demolition in the historic
district shall respect and relate to the spe-
cial character of the district. Changes shall
be evaluated on basis of.
a. The purpose of this division.
b. The architectural or historic value or
significance of a building and its rela-
tionship'to the surrounding area.
c. The general compatibility of proposed
changes.
d. Any other factor, including visual and
aesthetic considered pertinent. -
(2) Repairs considered as part of a building's
ordinary maintenance are those that do not
change but simply upgrade a structure, in-
cluding painting, replacing deteriorated porch
flooring, stairs, siding or trim in the same
material and texture, replacing or adding
screens, gutters or downspouts. These re-
pairs shall not require a certificate of ap-
propriateness. Improvements of this type
are specifically identified in the guidelines
adopted for the historic district commission.
(3) The commission shall encourage proposed
changes which reflect the original design
of the structure, based on photographs, writ-
PLANNING AND DEVELOPMENT
ten description or other historical documen-
tation, and be guided by the following
preferences:
a. It is preferable to preserve by mainte-
nance rather than to repair original
features of the building.
b. It is preferable to repair rather than to
reconstruct if possible.
c. It is preferable to restore by reconstruc-
tion of original features rather than to
remove or remodel.
d. Contemporary design shall not be ex-
cluded from consideration.
(4) When evaluating the general compatibil-
ity of alterations to the exterior of any build-
ing in the historic district, the commission
shall consider, but not be limited to, the
following factors within the building's area
of influence:
a.
Siting.
b.
Height.
c.
d.
Proportion.
Rhythm.
is e.
Roof area.
f.
Entrance area.
g.
Wall areas.
h.
Detailing.
i.
Facade.
j.
Scale.
k.
Massing.
(5) Additions to existing buildings shall be judged
in the same manner as new construction
and shall complement the design of the orig-
inal building, including exterior window
sizes, door heights and ceiling heights, and
should not interfere with any outstanding
architectural feature. Decoration of the ex-
terior should blend with, if not specifically
match, existing exterior features such as
window casements, gable trim, roofline, sid-
ing material, foundation materials and types
of windows.
(6) Generally, new construction shall be judged
on its ability to blend with the existing
neighborhood and area of influence. The
commission shall consider, but not be lim-
- ited to the factors listed for alterations in
paragraph (4) of this subsection. 0 Supp. No. 5
§ 23-133
(d) A certificate of appropriateness is not re-
quired for repairs, alterations, new construction,
moving or demolitions that are not visible from
the street or streets which abut subject property.
(Ord. No. 14,042, § 4, 5-5-51)
Sec. 23-133. Same —Notice, hearing, etc.
(a) Upon receipt of an application for a certifi-
cate of appropriateness pursuant to provisions of
this division, the historic district commission shall
make a preliminary determination as to the prop-
erties, if any, which will be materially affected by
any of the changes proposed in the application,
which shall include all properties located within
the area of influence of the property which is the
subject of the application, as defined in the re-
view guidelines adopted by the historic district
commission. The commission shall forthwith send
by mail, postage prepaid, to the applicant and to
the owners of all such affected properties, a notice
of hearing to be held by the commission on the
application. Notices of the public hearing shall be
mailed at least ten (.10.) days prior to the hearing,
and a notice of such hearing shall be published at
least one (1) time in a newspaper having circula-
tion throughout the city at least fifteen (15) days
prior to the hearing. The cost of such notices shall
be paid by the applicant.
(b) At the public hearing, the commission shall
hear all persons desiring to present information
regarding the application. After such public hear-
ing, the historic district commission shall make
its determination as to the appropriateness of the
proposed change. The commission may immedi-
ately announce its decision or defer the matter to
its next regularly scheduled commission meeting
or-Teschedule the application for future consider-
ation at such other public hearings as are deemed
necessary or desirable in order to fully develop the
facts and circumstances surrounding any one (1)
particular application. No application for a certif-
icate of appropriateness for a purpose other than
demolition shall be deferred at the insistence of
.the historic district commission longer than ninety
(90) days from the date of the first public hearing
without consent of the applicant. If the commis-
sion has rendered no decision on the application
for a purpose other than demolition within ninety
1339
5 23.133
LITTLE ROCK CODE
(90) days from the time of the first public hearing,
unless the applicant has agreed to a further de-
ferral or extension of time, the commission shall
consider the application as having been approved
and shall issue a certificate of appropriateness.
(c) If the application for a certificate of appro-
priateness involves the demolition of a building
which the commission initially determines to be
an inappropriate demolition, then notwithstand-
ing the determination the commission may defer
the matter until such time as the commission has
had an opportunity to consider the following al-
ternatives to the demolition of subject property:
(1) Sources of funding for preservation and res-
toration activities, if lack of such funds is
the reason for the request to demolish.
(2) Adaptive use changes, if there are condi-
tions under which the required preserva-
tion of a historic landmark would cause
undue hardship to the owner or owners, so
long as such changes are in keeping with
the spirit and intent of this division.
(3) An attempt to find a purchaser for the prop-
erty who would maintain the landmark in
a suitable and acceptable manner within
the limits of this division.
(4) The feasibility of moving the structure to
another appropriate location.
(5) Any such other solution as may be deemed
advisable and in keeping with the spirit
and intent of this division.
(d) During the time the commission is consid-
ering any one (1) of the alternatives hereinabove
set out, progress reports shall be made by the
commission or its staff at each regularly sched-
uled commission meeting. If at the expiration of
six (6) calendar months from the date of the first
public hearing of an application for demolition,
the commission has not found a viable alterna-
tive to the demolition of the property, the com-
mission shall reschedule the matter for public
hearing, requiring notices as aforesaid, and upon
said public hearing, make its final determination
as to the application. 1n such cases, the public
hearing for final determination shall be held within
one (1) calendar month after the expiration of the
Supp. No. 5
six (6) months from the date of the first public
hearing, and at the second public hearing, the
commission may hear such matters as are consid-
ered necessary or desirable to fully advise the
commission of all facts and circumstances as then
exist as they pertain to the proposed demolition.
At the second public hearing the commission may
immediately announce its decision or take the
matter under advisement to its next regularly
scheduled commission meeting for the purpose of
announcing its decision, but in no event longer
than two (2) calendar months after the expiration
of the six-month period after the first public hear-
ing. If the commission has rendered no decision
on the application for demolition within two (2)
calendar months after the expiration of the six (6)
months following the first public hearing, the com-
mission shall consider the application as having
been approved and shall issue the certificate of
appropriateness.
(e) In addition to considering the matters brought
to the commission's attention and the criteria set
out in section 23-132, the commission may de-
termine that failure to issue a certificate of ap-
propriateness will involve a substantial hardship
to the applicant, and notwithstanding that it may
be inappropriate, owing to conditions especially
affecting the structure but not affecting the his-
toric district generally. Such certificate may be
issued without substantial detriment to the pub-
lic welfare and without substantial derogation
from the intent and purpose of this division, and
the commission may approve such application and
grant a certificate of appropriateness for the ac-
tivity proposed.
(f) No person shall be granted a building per-
lnit or other construction permit by the city with
reference to any structure located within the his-
toric district until there is compliance with all
requirements of this division.
(g) If the commission determines that a certifi-
cate of appropriateness should not be issued, it
shall place upon its record the reasons for such
determination and may include. recommendations
respecting the proposed construction, reconstruc-
tion, alteration, restoration, moving, or demolition.
(Ord. No. 14,042, § 5, 5-5-81)
1340