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HomeMy WebLinkAbout14042ORDINANCE NO. 14,042 AN ORDINANCE ESTABLISHING AN HISTORIC DISTRICT AND ESTABLISHING PROCEDURES FOR THE ISSUANCE OF CERTIFICATE OF APPROPRIATENESS REQUIRED WITH REFERENCE' TO CONSTRUCTION ACTIVITIES ON STRUCTURES LOCATED IN THE HISTORIC DISTRICT; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock has previously established an Historic District Commission by Ordinance No, May 4, 1976; and 13,154 passed WHEREAS, said Commission has investigated and reported on proposed Historic District publicati and a Publication of notice and public hearing have been held as provided in said Ordinance, an Commission has submitted a final report which has been accepted by the Board of Directors of the City of Little Rock; and WHEREAS, the establishment of an Historic District is desirable and in furtherance of the public i interest and welfare to preserve and protect said Historic District, and the buildings, structur and surroundings therein; and es WHEREAS, the establishment of an Historic District has been Proposed to accomplish the foregoing, pursuant to authority rant by Arkansas Statutes S 19 -5001 et se q•; g ed NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. It is hereby 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 products of distinct periods in the history of the City, and that said areas, improvements and districts are • danger of being uprooted or having their distinctiveness destroyed yed without adequate consideration of the irreplaceable loss of the aesthetic, cultural, and historic values represented by such areas improvements and districts and therefore the ' preservation thereof is both feasible and desirable to the people of this City. It is hereby declared-:,as a matter of public policy that the protectiun, 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 Ordinance is to (A) effect and accomplish the protection,.enhancement, and perpetuation of such areas and improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history; (B) safeguard the City's historic, aesthetic and cultural limritage, as embodied and reflected in such areas, im- provements and districts; (C) stabilize and improve paoperty values in such districts. (D) foster civic pride in the beauty and accom- plishments of the past; (E) protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; (F) strengthen the economy of the City; and (G) promote the use of historic districts and landmarks for the education, pleasure, and welfare of the people of the City. SECTION 2. The Historic District hereby created shall consist of that area of the City shown on Exhibit "1" which is attached hereto and made a part hereof and more particularly described as follows, to -wit: The Little Rock Historic District Boundary begins at a Point which is the intersection of the centerlines of Ferry Street and Fifth (Capitol Avenue). From said 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 center- line of the west frontage load 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. Thence run south along the centerline of McAlmont Street to the centerline Of Sixteenth Street. Thence run west along the center- line 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 Cumberland Street to the center- line 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 3. Definitions. 1. ALTERATION - Any project involving change of or addition to an existing building. 2. AREA OF INFLUENCE - The affected area to be notified for a Public hearing as determined by a specific type of construction, alteration, restoration, moving or demoli- tion as described in the individual catagories found in the guidelines for review adopted by the Historic District Commission. 3. BUILDING - Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. 4. DETAILING - Architectural aspects that, due to particular treatment, draw attention to certain parts or features of a building. 5. ENTRANCE AREA - The area of access to the interior of the building including the design, location, and materials of all porches, stairs, doors, transoms and sidelights. 6. EXTERIOR ARCHITECTURAL FEATURES - The arW,,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. 7. FACADE - A face of a building. 8. HEIGHT - 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. 9. MASSING - Volume, magnitude or overall size of a building. 10. ORDINARY MAINTENANCE - Those improvements which do not change but simply upgrade a structure, including but not limited to: replacing deteriorated porch flooring, stairs, siding or trim in the same material and texture, replacing or adding screens, gutters or downspouts. _4_ 11. PITCH - Degree of inclination. 12. PROPORTION - Relationship of height to width of the building outline as well as individual components. 13. ROOF AREA - The outside covering of a building or structure extending above the vertical walls including the form, material, and texture of the roof, and in- cluding 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. 14. RHYTHM - A harmonious or orderly recurrence of compo- sitional elements at regular intervals, including the location of doors and the placement of windows, symetrically or asymmetrically and their relative proportion. 15. SCALE - The relative dimension, size, degree or proportion of parts of a building to one another or group of buildings. 16. SIDELIGHT - A narrow window flanking a door. 17. SITING - Location of a building in relationship to the legal boundaries and setbacks, adjacent properties, and the natural conditions of the site. 18. STRUCTURE - Any improvement on the land which extends above ground level. 19. TEXTURE - The visual or tactile surface characteristics created by shape, arrangement and distribution of the component materials. 20. WALL AREAS - The vertical architectural member 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. SECTION 4. No building or structure, including stone walls, fences, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved, or demolished Within said Historic District until after an application for a Certificate of Appropriateness as to the exterior architectural -5— 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 construct- ing or altering structures. In its deliberations under this Ordinance, said Commission shall not consider interior arrangement or use and shall take no action hereunder except for the purpose of preventing the construc- tion, reconstruction, alteration, restoration, moving or demolition of buildings, structures or appurtenant fixtures, in said District, which are deemed by the Commission to be obviously incongruous with the historic aspects of the district. In making its determination, the Commission shall consider without being limited to the following criteria: A. Proposed repairs, alterations, new construction, moving or demolition in the Historic District shall respect and relate to the special character of the District. Changes shall be evaluated on basis of: 1. The purpose of this Ordinance; 2. The architecbtral or historic value or significance of a building and its relationship to the surround- ing area; 3. The general compatibility of proposed changes; and 4. Any other factor, including visual and aesthetic considered pertinent. B. Repairs considered as part of a building's ordinary maintenance are those that do not change but simply upgrade a structure, including painting, replacing deteriorated porch flooring, stairs, siding or trim in the same material and texture, replacing or adding screens, gutters or downspouts. These repairs shall not require a Certificate of Appropriateness. Improvements of this type are specifically identified in the guidelines adopted for the Historic District Commission. C. The Commission shall encourage proposed changes which reflect the original design of the structure, based on photographs, written description or other historical documentation, and be guided by the following preferences: l0 1. It is preferable to preserve by maintenance rather than to repair original features of the building. 2. It is preferable to repair rather than to reconstruct if possible. 3. It is preferable to restore by reconstruction of original features rather than to remove or remodel. 4. Contemporary design shall not be excluded from con- sideration. D. When evaluating the general compatibility of alterations to the exterior of any building in the Historic District, the Commission shall consider, but not be limited to, the following factors within the building's area of influence: 1. Siting; 2. Height; 3. Proportion; 4. Rhythm; 5. Roof Area; 6. Entrance Area; �. Wall Areas; 8. Detailing; 9. Facade; 1 @. Scale; and 11. Massing. These terms are defined in Section 3 above. E. Additions to existing buildings shall be judged in the same manner as new construction and shall complement the design of the original building, including exterior window sizes, door heights and ceiling heights, and should not interfere with any outstanding architectural feature. Decoration of the exterior should blend with, if not specifically match, existing exterior features such as window casements, gable trim, roofline, siding material, foundation materials and types of windows. F. 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 limited to the factors listed for alterations in Subsection D. G. A Certificate of Appropriateness is not required for repairs, alterations, new construction, moving or demolitions -7- that are not visible from the street or streets which abut subject property. SECTION 5. A. Upon receipt of an application for a Certificate of Appropriateness, the Historic District Commission shall make a preliminary determination as to the properties, if any, which will be materially affected by any of the changes proposed i6 said appli- cation, which wall include all properties located within the area of influence of the property which is the subject of the application, as defined in the review 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 said application. Notices of the public hearing shall be mailed at least ten (10) days prior to the hearing, and a notice of such hear- ing shall be published at least one (1) time in a newspaper having circulation throughout the City of Little Rock 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 regar�®rng the application. After such public hearing, the Historic District Commission shall make its determination as to the appropriateness of the proposed change. The Commission may immediately announce its decision or defer the matter to its next regularly scheduled Commission meeting or reschedule the application for further consideration at such other public hearings as are deemed necessary or desirable in order to fully develop the facts and circumstances surrounding any one particular application. No application for a Certificate of Appropriateness for a purpose other than demolition shall be de- ferred at the insistance of the Historic District Commission longer than ninety (90) days from the date of the first public hearing without consent of the applicant. Further, if the Commission has rendered no decision on the application for a purpose other than demolition within ninety (90) days from the time of the first public hearing, unless the applicant has agreed to a further deferral or extension of time, the Commission shall consider the application as having been approved and shall issue a Certifi- cate of Appropriateness. C. If the application for a Certificate of Appropriateness involves the demolition of a building which the Commission initially determines to be an inappropriate demolition, then not- withstanding said determination the Commission may defer the matter until such time as the Commission has had an opportunity to consider the following alternatives to the demolition of subject property: 1. Sources of funding for preservation and restoration activities, if lack of such funds is the reaoon for the request to demolish. 2. Adaptive use changes, if there are conditions under which the required preservation 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 Ordinance. 3. An attempt to find a purchaser for the property who would maintain the landmark in a suitable and acceptable manner within the limits of the Historic District Commission Ordinance. 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 Ordinance. During the time the Commission is considering any one of the alternatives hereinabove set out, progress reports shall be made by the Commission and /or its staff at each regularly scheduled Commission meeting. If at the expiration of six calendar months from the date of the first public hearing of an application for demolition, the Commission has not found a viable alternative to the demolition of the property, the Commission shall reschedule the matter for public hearing requiring notices as aforesaid, and upon said public hearing, make its final determination as to the application. In such cases, the public hearing for final determination shall be held within one calendar ME month after the expiration of the six months from the date of the first public hearing, and at the second public hearing, the Commission may hear such matters as are considered 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 advisoment to its next regularly scheduled Commission meeting for the purpose of announcing its decision, but in no event longer than two calendar months after the expiration of the six month period after the first public hearing. If the Commission has rendered no decision on the application for demolition within two calendar months after the expiration of the six months following the first public hearing, the Commission shall consider the application as having been approved and shall issue Certificate of Appropriateness. D. In addition to considering the matters brought to the Commission's attention and the criteria hereinabove set out in Section 4, the Commission may determine that failure to issue a Certificate of Appropriateness 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 Historic District generally. Such certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purpose of this ordinance, and the Commission may approve such application and grant a Certificate of Appropriate- ness for the activity proposed. E. If the Commission determines that a Certificate of Appropriateness should not be sssued, it shall place upon its record the reasons for such determination and may include recommendations respecting the proposed construction, recon- struction, alteration, restoration, moving, or demolition. F. No person shall be granted a building permit or other construction permit by the City of Little Rock with reference r —10— to any structure located within the Historic District until all requirements of this ordinance have been complied with. SECTION 6. Nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Historic District which does not involve a change in design, material, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, or demolition of any such feature which the building inspector or other agent of the City shall certify is required by the public safety because of an unsafe or dangerous condition; nor to prevent the construction, recon- struction, alteration, 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 establish- ment of said Historic District. SECTION 7. Any applicant aggrieved by the determination of the Commission may, within 30 days after the making of such decision, appeal the determination of the Commission to the Chancery Court of Pulaski County, Arkansas. 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 in- sufficient 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. SECTION 8. All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. The individual provisions and sections of this Ordinance are hereby declared to be severable so that the decision by any court of competent jurisdiction that any pro- vision contained herein, or the application of any provision contained herein, is unconstitutional, illegal or otherwide invalid shall not affect the constitutionality, legality or validity of the remaining provisions of the Ordinance or other applications thereof. -11— SECTION 10. Any person who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon con- viction 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. SECTION 11. Considering the public interest to be preserved, an emergency is hereby declardd to exist and this Ordinance shall be in full force and effect immediately from and after the date of its passage. 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