HomeMy WebLinkAbout197551 ORDINANCE NO. 19,755
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3 AN ORDINANCE TO AMEND CHAPTER 23 OF THE CODE OF ORDINANCES PERTAINING
4 TO HISTORIC PRESERVATION; AND FOR OTHER PURPOSES.
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6 WHEREAS, the Little Rock Board of Directors adopted Little Rock Ordinance No. 13,154
7 establishing the Little Rock Historic District Commission for the purpose of implementing the provisions
8 of the Historic Preservation chapter of the Little Rock Code of Ordinances, and
9 WHEREAS, in conjunction with review of the MacArthur Park Historic District Design Review
10 Guidelines, the Historic District Commission reviewed the Little Rock Historic Preservation Code for
11 needed corrections and clarification, and
12 WHEREAS, the Historic District Commission voted to recommend that the Little Rock Board of
13 Directors adopt certain changes to the Little Rock Code of Ordinances for the purpose of reorganizing
14 and amending Chapter 23 "Historic Preservation," and
15 WHEREAS, the Board of Directors supports the Historic District Commission's recommendation.
16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
17 ROCK, ARKANSAS:
18 Section 1. Little Rock, Ark., Rev. Code 55 23 -76 through 23 -95 are hereby repealed.
19 Section 2. Little Rock, Ark., Rev. Code SS 23 -76 through 23 -81 are designated as Little Rock,
20 Ark., Rev. Code, Chapter 23, Division 1 and are hereby adopted as follows:
21
22 ARTICLE IV. HISTORIC PRESERVATION
23 DIVISION 1. GENERAL
24 Sec. 23 -76. Findings; purpose.
25 It is found and determined that certain areas, improvements, and districts within the city have a
26 special character or special historic or aesthetic interest or value and represent architectural products
27 of distinct periods in the history of the city, and that the areas, improvements and districts are in
28 danger of being uprooted or having their distinctiveness destroyed without adequate consideration of
29 the irreplaceable loss of the aesthetic, cultural, and historic values represented by such areas,
30 improvements and districts, and therefore the preservation thereof is both feasible and desirable to
31 the people of this city. It is declared as a matter of public policy that the protection, enhancement,
32 perpetuation, and use of such areas, improvements and districts of special character or special historic
33 or aesthetic interest or value is a public necessity and is required in the interest of the health,
34 prosperity, safety and welfare of the people of this city. The purpose of this division is to:
35 (1) Effect and accomplish the protection, enhancement, and perpetuation of such areas and
36 improvements and of districts which represent or reflect elements of the city's cultural,
37 social, economic, political, and architectural history.
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1 (2) Safeguard the city's historic, aesthetic and cultural heritage, as embodied and reflected
2 in such areas, improvements and districts.
3 (3) Stabilize and improve property values in such districts.
4 (4) Foster civic pride in the beauty and accomplishments of the past.
5 (5) Protect and enhance the city's attractions to tourists and visitors and the support and
6 stimulus to business and industry thereby provided.
7 (6) Strengthen the economy of the city.
8 (7) Promote the use of historic districts and landmarks for the education, pleasure, and
9 welfare of the people of the city.
10 Sec. 23 -77. Definitions.
11 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
12 them in this section, except where the context clearly indicates a different meaning:
13 Alteration means any project involving change of or addition to an existing building.
14 Area of influence means the affected area to be notified for a public hearing as determined by a
15 specific type of construction, alteration, restoration, moving or demolition as described in the
16 individual categories found in the guidelines for review adopted by the historic district commission.
17 Building means any structure having a roof supported by columns or walls for the housing or enclosure
18 of persons, animals or chattels.
19 Detailing means architectural aspects that, due to particular treatment, draw attention to certain
20 parts or features of a building.
21 Entrance area means the area of access to the interior of the building including the design, location,
22 and materials of all porches, stairs, doors, transoms, and sidelights.
23 Exterior architectural features means the architectural style, general design and arrangement of the
24 exterior of a structure, including the kind and texture of the building material, and the type and style
25 of all windows, doors, light fixtures, signs and other appurtenant features.
26 Facade means a face of a building.
27 Height means the vertical distance as measured through the central axis of the building from the
28 elevation of the lowest finished floor level to the highest point of the building.
29 Massing means volume, magnitude or overall size of a building.
30 Ordinary maintenance means those improvements which do not change but simply upgrade a
31 structure, including but not limited to: replacing deteriorated porch flooring, stairs, siding or trim in
32 the same material and texture, or replacing screens, gutters or downspouts.
33 Pitch means the degree of inclination.
34 Proportion means the relationship of height to width of the building outline as well as individual
35 components.
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1 Rhythm means a harmonious or orderly recurrence of compositional elements at regular intervals,
2 including the location of doors and the placement of windows, symmetrically or asymmetrically and
3 their relative proportion.
4 Roof area means the outside covering of a building or structure extending above the vertical walls
5 including the form, material, and texture of the roof, and including the slope and pitch, spacing of roof
6 covering; size, design, number and location of dormers, the design and placement of cornices, and the
7 size, design, material and location of chimneys.
8 Scale means the relative dimension, size, degree or proportion of parts of a building to each other or
9 group of buildings.
10 Sidelight means a narrow window flanking a door.
11 Siting means the location of a building in relationship to the legal boundaries and setbacks, adjacent
12 properties, and the natural conditions of the site.
13 Structure means any improvement on the land which extends above ground level.
14 Texture means the visual or tactile surface characteristics created by shape, arrangement and
15 distribution of the component materials.
16 Wall areas means the vertical architectural member used to define and divide space including the kind
17 and texture and exposure of wall sidings and trims, and the location, number and design of all window
18 and door openings.
19 Cross reference: Definitions and rules of construction generally, S 1 -2.
20 Sec. 23 -78. Violations and penalties.
21 (a) Pursuant to Arkansas law, any person who violates any of the provisions of this Article shall be
22 guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) nor
23 more than five hundred dollars ($500.00).
24 (State law reference - A.C.A. S 14- 172 -204.)
25 (b) Each day that a violation continues to exist shall constitute a separate offense.
26 (State law reference - A.C.A. S 14- 172 -204.)
27 (c) When, in the judgment of the enforcing officer, a violation of this Article exists, the enforcing
28 officer shall issue a written order to the alleged violator. The order shall specify those sections of
29 this Article of which the person may be in violation and shall state that the person has a maximum
30 of thirty (30) days from the date of the order in which to abate the alleged violation or to appear
31 before the Historic District Commission and show cause why enforcement action should not be
32 taken by the City.
33 (d) In this section, a "violation" does not include the failure of a city officer or city employee to
34 perform an official duty unless it is provided that the failure to perform such duty is to be
35 punished under this section.
36 Sec. 23 -79. Authority to Issue Citations.
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1 (a) The administrator or administrator's designee is hereby empowered to appoint and authorize
2 qualified inspectors for the issuance of citations for violations of the Little Rock Historic
3 Preservation Code and regulations promulgated pursuant thereto.
4 (b) The administrator or administrator's designee is hereby empowered to appoint and authorize
5 qualified individuals from other governmental departments or entities to issue citations for
6 violations of the Little Rock Historic Preservation Code and regulations promulgated pursuant
7 thereto.
8 (c) The administrator or the administrator's designee shall designate in writing the individuals who are
9 authorized to issue citations. This list shall be filed of record with the city clerk.
10 Sec. 23 -80. Equitable Relief.
11 (a) The imposition of a penalty does not prevent the simultaneous granting of equitable relief in
12 appropriate cases.
13 (b) The circuit court having jurisdiction over the property in question shall have jurisdiction in equity
14 to enforce the provisions of this chapter and may restrain by injunction violations of it.
15 (State law reference - A.C.A. S 14- 172 -205.)
16 (c) The imposition of a penalty does not prevent the denial of or revocation of a building permit for
17 failure to comply with the provisions of the Little Rock Historic Preservation Code.
18 Sec. 23 -81. Appeals.
19 Any applicant aggrieved by the determination of the historic district commission made pursuant to the
20 provisions of this division may, within thirty (30) days after the making of such decision, appeal the
21 determination of the commission to the circuit court of the county wherein the property is located.
22 The court shall hear all pertinent evidence and shall annul the determination of the commission if it
23 finds the reasons given for such determinations to be unsupported by the evidence or to be insufficient
24 in law, and may make such other decree as justice and equity may require. The remedy provided by
25 this section shall be exclusive; but the applicant shall have all rights of appeal as in other equity cases.
26 State law reference - A.C.A. S 14- 172 -212.
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28 Section 3. Little Rock, Ark., Rev. Code SS 23 -82 through 23 -95 are hereby reserved.
29 Section 4. Little Rock, Ark., Rev. Code SS 23 -96 through 23 -100 are designated as Little Rock,
30 Ark., Rev. Code Chapter 23, Division 2.
31 Section 5. Little Rock, Ark., Rev. Code S 23 -100 is hereby repealed.
32 Section 6. Little Rock, Ark., Rev. Code 5 23 -100 is hereby adopted as follows:
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34 Sec. 23 -100. Duties Generally.
35 (a) Historic District Guidelines.
36 (1) The historic district commission shall adopt design review guidelines for each local ordinance
37 historic district established pursuant to this Article. The guidelines should provide the
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1 commissioners with an objective standard for decisions concerning the appropriateness of a
2 project in relation to the architectural and historical character of the district.
3 (2) Design review guidelines shall be reviewed periodically by the historic district commission for
4 needed revision to ensure that the guidelines are well adapted to the respective local
5 ordinance historic district.
6 (b) Architectural Surveys.
7 The historic district commission shall work with planning and development staff to ensure that
8 periodic architectural surveys are conducted for each local ordinance historic district as required
9 by the Arkansas Historic Preservation Program.
10 (c) Proposed Local Ordinance Historic Districts.
11 (1) Investigation and Report. The historic district commission shall make an investigation and
12 report on the historic significance of the buildings, structures, features, sites, or surroundings
13 included in any proposed historic district and shall transmit copies of its report to the
14 Arkansas Historic Preservation Program ( "AHPP "), a division of the Department of Arkansas
15 Heritage and to the Little Rock Planning Commission for their consideration and
16 recommendation.
17 (2) Recommendations. The AHPP and the Planning Commission shall give their recommendation to
18 the historic district commission within sixty (60) days from the date of receipt of the report.
19 Recommendations shall be read in full at the required public hearing to be held by the
20 historic district commission. Failure to make recommendations within sixty (60) days after
21 date of receipt shall be taken as approval of the report of the historic district commission.
22 (3) Public Hearing. The historic district commission shall hold a public hearing on the
23 establishment of a proposed local ordinance historic district after giving notice of such
24 hearing by publication in a newspaper of general circulation in the city once a week for three
25 (3) consecutive weeks, the first such publication to be at least twenty (20) days prior to the
26 public hearing. Such notice shall include the time and place of the hearing, specify the
27 purpose and describe the boundaries of the proposed local ordinance historic district. (Code
28 1961, 5 2 -91)
29 (4) Final Report. The historic district commission shall submit a final report with its
30 recommendations and a draft of a proposed ordinance to the governing body of the city
31 within sixty (60) days after the public hearing. The report shall contain the following:
32 (i) A complete description of the area or areas to be included in the historic district or
33 districts. Any single historic district may embrace noncontiguous lands.
34 (ii) A map showing the exact boundaries of the area or areas to be included within the
35 proposed district or districts.
36 (iii) A proposed ordinance designed to implement the provisions of the Historic Districts Act.
37 (State law reference - A.C.A. S 14- 172 -201 et seq. )
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1 (iv) Such other matters as the commission may deem necessary and advisable, including a
2 statement of purpose and policy.
3 (d) Determination of Appropriateness - Generally.
4 Upon receipt of an application for a certificate of appropriateness, required pursuant to the
5 provisions of this Article, the historic district commission shall study the proposal and hold a public
6 hearing to determine the appropriateness of the proposed change in relation to the significant
7 architectural and historic character of the local ordinance historic district.
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9 Section 7. Little Rock, Ark., Rev. Code §§ 23 -101 through 23 -114 are hereby reserved.
10 Section 8. Little Rock, Ark., Rev. Code §5 23 -115 through 23 -123 are hereby repealed.
11 Section 9. Little Rock, Ark., Rev. Code §5 23 -115 through 23 -123 are designated as Little Rock
12 Rev. Code Chapter 23, Division 3 and are hereby adopted as follows:
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14 DIVISION 3. CERTIFICATE OF APPROPRIATENESS.
15 Sec. 23 -115. Certificate of Appropriateness Required.
16 No building or structure, including stone walls, fences, light fixtures, steps and paving or other
17 appurtenant fixtures shall be erected, altered, restored, moved, or demolished within the historic
18 district created by this division until after an application for a certificate of appropriateness as to the
19 exterior architectural changes has been submitted to and approved by the historic district commission.
20 A certificate of appropriateness shall have been issued by the commission prior to the issuance of a
21 building permit or other permit granted for purposes of constructing or altering structures.
22 Section 23 -116. Exemptions.
23 Nothing in this division shall:
24 (a) Prevent the ordinary maintenance or repair of any exterior architectural feature in the historic
25 district created by this division which does not involve a change in design, material, or outer
26 appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, or
27 demolition of any such feature which the building inspector or other agent of the city shall certify
28 is required by the public safety because of an unsafe or dangerous condition.
29 (b) Prevent the construction, reconstruction, alteration, restoration or demolition of any such feature
30 under a permit issued by a building inspector or similar agent of the city prior to the effective
31 date of the establishment of the historic district.
32 Sec. 23 -117. Notice of Public Hearing.
33 Upon receipt of an application for a certificate of appropriateness pursuant to provisions of this
34 division, the historic district commission shall make a preliminary determination as to the properties, if
35 any, which will be materially affected by any of the changes proposed in the application, which shall
36 include all properties located within the area of influence of the property which is the subject of the
37 application, as defined in the review guidelines adopted by the historic district commission. The
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1 commission shall forthwith send by mail, postage prepaid, to the applicant and to the owners of all
2 such affected properties, a notice of hearing to be held by the commission on the application. Notices
3 of the public hearing shalt be mailed at least ten (10) days prior to the hearing, and a notice of such
4 hearing shall be published at least one (1) time in a newspaper having circulation throughout the city
5 at least fifteen (15) days prior to the hearing. The cost of such notices shall be paid by the applicant.
6 Sec. 23 -118. Public Hearings and Deferrals.
7 At the public hearing, the commission shall hear all persons desiring to present information regarding
8 the application. After such public hearing, the historic district commission shall make its determination
9 as to the appropriateness of the proposed change. The commission may immediately announce its
10 decision or defer the matter to its next regularly scheduled commission meeting or reschedule the
11 application for future consideration at such other public hearings as are deemed necessary or desirable
12 in order to fully develop the facts and circumstances surrounding any one (1) particular application. No
13 application for a certificate of appropriateness for a purpose other than demolition shall be deferred at
14 the insistence of the historic district commission longer than ninety (90) days from the date of the first
15 public hearing without consent of the applicant. If the commission has rendered no decision on the
16 application for a purpose other than demolition within ninety (90) days from the time of the first public
17 hearing, unless the applicant has agreed to a further deferral or extension of time, the commission
18 shall consider the application as having been approved and shall issue a certificate of appropriateness.
19 (See "Alternatives to Demolition" below.)
20 Sec. 23 -119. Prohibited Considerations.
21 In its deliberations under this article, the commission shall not consider interior arrangement or use
22 and shalt take no action hereunder except for the purpose of preventing the construction,
23 reconstruction, alteration, restoration, moving or demolition of buildings, structures or appurtenant
24 fixtures, in the district, which are deemed by the commission to be obviously incongruous with the
25 historic aspects of the district.
26 Sec. 23 -120. General Criteria.
27 In making its determination, the commission shall consider without being limited to the following
28 criteria:
29 (a) Proposed repairs, alterations, new construction, moving or demolition in the historic district shall
30 respect and relate to the special character of the district. Changes shall be evaluated on basis of:
31 (1) The purpose of this division.
32 (2) The architectural or historic value or significance of a building and its relationship to the
33 surrounding area.
34 (3) The general compatibility of proposed changes.
35 (4) Any other factor, including visual and aesthetic considered pertinent.
36 (b) Repairs considered as part of a building's ordinary maintenance are those that do not change but
37 simply upgrade a structure, including painting, replacing deteriorated porch flooring, stairs, siding
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1 or trim in the same material and texture, replacing screens, gutters or downspouts. These repairs
2 shall not require a certificate of appropriateness. Improvements of this type are specifically
3 identified in the guidelines adopted for the historic district commission.
4 (c) The commission shall encourage proposed changes which reflect the original design of the
5 structure, based on photographs, written description or other historical documentation, and be
6 guided by the following preferences:
7 (1) It is preferable to preserve by maintenance rather than to repair original features of the
8 building.
9 (2) It is preferable to repair rather than to reconstruct if possible.
10 (3) It is preferable to restore by reconstruction of original features rather than to remove or
11 remodel.
12 (d) When evaluating the general compatibility of alterations to the exterior of any building in the
13 historic district, the commission shall consider, but not be limited to, the following factors within
14 the buildings area of influence:
15 (1) Siting.
16 (2) Height.
17 (3) Proportion.
18 (4) Rhythm.
19 (5) Roof area.
20 (6) Entrance area.
21 (7) Wall areas.
22 (8) Detailing.
23 (9) Facade.
24 (10) Scale.
25 (11) Massing.
26 (e) Additions to existing buildings shall be judged in the same manner as new construction and shall
27 complement the design of the original building, including exterior window sizes, door heights and
28 ceiling heights, and should not interfere with any outstanding architectural feature. Decoration of
29 the exterior should blend with existing exterior features such as window casements, gable trim,
30 roofline, siding material, foundation materials and types of windows.
31 (f) Generally, new construction shall be judged on its ability to blend with the existing neighborhood
32 and area of influence. The commission shall consider, but not be limited to the factors listed for
33 alterations in paragraph (d) of this subsection.
34 Sec. 23 -121. Alternatives to Demolition.
35 If the application for a certificate of appropriateness involves the demolition of a building which the
36 commission initially determines to be an inappropriate demolition, then notwithstanding the
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1 determination the commission may defer the matter until such time as the commission has had an
2 opportunity to consider the following alternatives to the demolition of subject property:
3 (a) Sources of funding for preservation and restoration activities, if lack of such funds is the reason
4 for the request to demolish.
5 (b) Adaptive use changes, if there are conditions under which the required preservation of a historic
6 landmark would cause undue hardship to the owner or owners, so long as such changes are in
7 keeping with the spirit and intent of this division.
8 (c) An attempt to find a purchaser for the property who would maintain the landmark in a suitable
9 and acceptable manner within the limits of this division.
10 (d) The feasibility of moving the structure to another appropriate location.
11 (e) Any such other solution as may be deemed advisable and in keeping with the spirit and intent of
12 this division.
13 During the time the commission is considering any one (1) of the alternatives hereinabove set out,
14 progress reports shall be made by the commission or its staff at each regularly scheduled commission
15 meeting. If at the expiration of six (6) calendar months from the date of the first public hearing of an
16 application for demolition, the commission has not found a viable alternative to the demolition of the
17 property, the commission shall reschedule the matter for public hearing requiring notices as aforesaid,
18 and upon said public hearing, make its final determination as to the application. In such cases, the
19 public hearing for final determination shall be held within one (1) calendar month after the expiration
20 of the six (6) months from the date of the first public hearing, and at the second public hearing, the
21 commission may hear such matters as are considered necessary or desirable to fully advise the
22 commission of all facts and circumstances as then exist as they pertain to the proposed demolition. At
23 the second public hearing the commission may immediately announce its decision or take the matter
24 under advisement to its next regularly scheduled commission meeting for the purpose of announcing its
25 decision, but in no event longer than two (2) calendar months after the expiration of the six -month
26 period after the first public hearing. If the commission has rendered no decision on the application for
27 demolition within two (2) calendar months after the expiration of the six (6) months following the first
28 public hearing, the commission shall consider the application as having been approved and shall issue
29 the certificate of appropriateness.
30 Section 23 -122. Substantial Hardship. In addition to considering the matters brought to the
31 commission's attention and the criteria set out in section 23 -120, the commission may determine that
32 failure to issue a certificate of appropriateness will involve a substantial hardship to the applicant, and
33 notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure
34 but not affecting the historic district generally. Such certificate may be issued without substantial
35 detriment to the public welfare and without substantial derogation from the intent and purpose of this
36 division, and the commission may approve such application and grant a certificate of appropriateness
37 for the activity proposed.
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Section 23 -123. Reasons for Denial. If the commission determines that a certificate 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, reconstruction, alteration,
restoration, moving, or demolition.
Section 10. Little Rock, Ark., Rev. Code SS 23 -124 through 23 -128 are hereby reserved.
Section 11. Little Rock, Ark., Rev. Code S 23 -129 is designated as Little Rock, Ark. Rev. Code
Chapter 23, Division 4 and is hereby amended to read as follows:
DIVISION 4. MACARTHUR PARK HISTORIC DISTRICT
Sec. 23 -129. Created; boundaries.
The MacArthur Park 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
particularly described as follows:
Beginning at a point which is the intersection 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 Interstate 30; thence run southeast along the centerline
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
(McMath Avenue); thence run south along the centerline of McAlmont Street as platted to the
centerline of Sixteenth Street; thence run west along the centerline of Sixteenth Street as
platted 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 Cumberland Street to the centerline of Fifth Street
(Capitol Avenue); thence run east along the centerline 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).
Section 12. Little Rock, Ark., Rev. Code SS 23 -130 through 23 -160 are hereby reserved.
Section 13. Severability. In the event any portion of this resolution is declared or adjudged
to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
portions of this resolution, which shall remain in full force and effect as if the portion so declared or
adjudged invalid or unconstitutional was not originally a part of this resolution.
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Historic Preservation
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1 Section 14. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict
2 with any provision of this resolution are hereby repealed to the extent of such conflict.
3 ADOPTED: May 15, 2007
4 ATTEST: APPROVED:
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7 Na y Wood, ity Clerk Mark Stodola, Mayor
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9 APPROVED AS TO LEGAL FORM:
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12 Thomas M. Carpenter, City A t rney
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4
CAPITOL
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MacArthur Park Historic District
N1N DEYEE �IENT mo .,