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HomeMy WebLinkAboutOrdinance 5177 ORDINANCE NO, 5177 AN ORDINANCE TO AMEND THE CODE OF FAYETTEVILLE BY ENACTING §33.228 THROUGH §33.337 IN ARTICLE X, HISTORIC DISTRICT COMMISSION WHEREAS, the Historic District Commission was reestablished in 2006 "to promote the education, cultural, economic, and general welfare of the public through the preservation and the protection of buildings, sites, places and historic districts of interest'; and WHEREAS, the City Council established White Hangar at Drake Field as a local ordinance district in February 2008; and WHEREAS, to become a certified local government and join 14 other cities in the State of Arkansas, the City of Fayetteville must have an ordinance outlining the powers and duties of the Historic District Commission; and WHEREAS, certified local governments gain access to an enhanced partnership with the Arkansas Historic Preservation Program and the National Park Service, including training, technical support, and grant assistance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby amends the Code of Fayetteville by enacting §33 .228 through §33 .337 in Article X, Historic District Commission of the City Code as shown on Exhibit "A" and made a part hereof. TR""'� GSE . . . . .E9S PASSED and APPROVED this 16" day of September, 2008. h GST Y DF •�'� APPROVED: ATTEST: E ; FAYETTEVILLE ; By: a24 BY �11(�(i�v �IIL{ � ���'?;tiGTON G�,,``�• DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Exhibit "A" 33.228 Purpose "historic district" and add these historic districts to the provisions of this (A) The purpose of the Commission shall be as Ordinance; follows: (1 ) effect and accomplish the protection, (5) keep a register of all properties and enhancement, and perpetuation of such structures that have been designated as areas and improvement of districts historically significant including all which represent or reflect elements of information required for each the City's cultural, social, economic, designation; political, and architectural history; (6) obtain the services of qualified persons (2) safeguard the City's historic, aesthetic to direct, advise and assist the Historic and cultural heritage, as embodied and District Commission; reflected in such areas; (7) advise and assist owners of historic (3) stabilize and improve property values in properties within historic districts on such districts; physical and financial aspects of Preservation, renovation, rehabilitation, (4) foster civic pride in the beauty and and reuse, and on procedures for accomplishments of the past; inclusion on the National Register of Historic Places; (5) protect and enhance the City's attractions to tourists and visitors as well (8) hold public hearings to review as residents; applications for certificates of appropriateness; and (6) strengthen the economy of the City; and (9 cooperate with the Arkansas Historic (7) promote the use of historic districts and Preservation Program, historical landmarks for the education, pleasure, associations and other agencies and and welfare of the people of the City. organizations devoted to the history of this city and state; 33.229 Powers and Duties 33.330 Proceedings of Historic District Commission (A) The Commission shall: (A) The Historic District Commission shall adopt (1 ) adopt design review guidelines to be rules necessary to conduct its affairs, and in used when considering Certificate of keeping with the provisions of the City Code Appropriateness applications. These of Ordinances. Meetings shall be held at the guidelines will be based upon the call of the chairperson and at such other Secretary of Interiors Standards for times as the Historic District Commission Rehabilitation and adapted specifically may determine. to Fayetteville's local ordinance historic districts; (B) The Historic District Commission shall keep minutes of its proceedings and shall keep (2) conduct surveys and studies of records of its examinations and other official neighborhoods, areas, places, actions, all of which shall be a public record structures, objects and improvements and be immediately filed in the office of the within the City of Fayetteville for the city planner. purpose of determining those of distinctive historic, community, 33.330 Certificate of Appropriateness architectural, or archeological interest or value; (A) No qualifying building or structure, which may include but not be limited to masonry (3) nominate buildings, structures, objects walls, fences, light fixtures, steps and and historic districts to the National paving, other appurtenant fixtures, or other Register of Historic Places; elements set forth in design guidelines shall be erected, altered, restored, moved, or (4) recommend to the City Council the demolished within said local ordinance adoption of ordinances designating Historic District until after an application for a areas as having special historic Certificate of Appropriateness as to the community or architectural value as 0 0 Exhibit "A" exterior architectural features has been minimum of fifteen (15) days prior to the submitted to and approved by the HDC. hearing. (1 ) No building permit or other permit shall (1) All persons desiring to present be granted for purpose of constructing information regarding the application or altering structures until an application shall be heard at the hearing. for a Certificate of Appropriateness as to the exterior architectural features has (2) The HDC shall determine whether the been submitted to and approved by the restoration, rehabilitation, renovation, HDC. preservation, alteration, construction, moving or demolition of buildings, (2) A Certificate of Appropriateness shall be structures, or appurtenant fixtures required whether or not a building permit involved will be appropriate to the is required. preservation of the Historic District within 90 days. (3) In its deliberations under this Ordinance, said HDC shall not consider interior (3) If the HDC determines that a certificate arrangement or use. of appropriateness should not be issued, it shall place upon its records the reasons for such determination. The 33.331 Work Not Requiring A HDC shall immediately notify the Certificate Of Appropriateness applicant of its determination. (B) In making its determination, the HDC shall (A) Ordinary Maintenance and Repairs. Nothing consider without being limited to the in these regulations shall be construed to following criteria: prevent ordinary maintenance and/or repair of any exterior architectural feature of a (1 ) The purpose of this Ordinance; property within a historic district. (B) Public Safety. This Ordinance shall not (2) The architectural or historic value or prevent the restoration, rehabilitation, significance of a building and its renovation, preservation, alteration, relationship to the surrounding area; construction, or demolition of any such feature that the City shall certify is required (3) The general compatibility of proposed for the public safety. In emergency changes; and situations, threatening life, limb or significant (4) Any other factor, including visual and property damage, work may be authorized aesthetic, considered pertinent. without a Certificate of Appropriateness. Such work shall be done in accordance with (C) No change shall be made in the scope of the principles and specific criteria adopted work for any building permit after issuance of under this Ordinance. a Certificate of Appropriateness without (C) Visibility from the Public Right-of-Way. Work resubmitting to the Commission and not visible from any public right-of-way shall receiving approval in the same manner as not require a Certificate of Appropriateness. provided above. 33.332 Determination On An 33.333 Demolition Application (A) Inappropriate demolition. If the application (A) Within a reasonable amount of time, not to for a Certificate of Appropriateness involves exceed thirty (30) days after the filing of an the demolition of a building which the application for a Certificate of Commission initially determines to be an Appropriateness, the applicant shall promptly inappropriate demolition, then the send by mail, postage prepaid, to the Commission may defer the matter until such applicant and to the owners of all adjoining time as it has had an opportunity to consider properties, a notice of hearing to be held by the following alternatives to the demolition of the HDC on said application. A notice of the subject property: public hearing shall be published at least one (1) time in a newspaper having circulation (1 ) Sources of funding for preservation and throughout the City of Fayetteville a restoration activities if lack of such funds 0 0 Exhibit "A" is the reason for the request to as to the economic feasibility of demolish. rehabilitation or reuse of the existing structure; (2) Adaptive use changes. (e) Amount paid for the property, the date of purchase, and the party (3) The feasibility of moving the building to from whom purchased and any another appropriate location. terms of financing between seller and buyer; 33.334 Economic Hardship (f) If the property is income-producing, the annual gross income from the (A) Definition. Economic hardship shall refer to property for the previous two (2) an owners inability to see a reasonable years; return for an investment that will comply with the ordinance's standards to preserve the (g) All appraisals obtained within the property. Evidence of economic hardship is previous two (2) years; generally limited to instances when the cost ( of preservation exceeds the value of the h) Any listing of the property for sale building, or preservation will deprive the or rent, price asked and offers owner of reasonable use of the property. An received, if any, within the previous owner's personal financial status is not an two (2) years; issue the commission may consider. (i) Assessed value of the property (B) Application for economic hardship. If a according to the two (2) most recent certificate of appropriateness is denied, the assessments; applicant may submit an application for a certificate of economic hardship within fifteen G) Real estate taxes for the previous (15) calendar days from the date of the (2) years; notice of denial by the Commission. The (k) Form of ownership or operat on of application for a certificate of economic the property; and hardship shall be subject to the hearing schedules and notice provisions applicable to applications for certificates of (1) Information about plans prepared appropriateness. for the property if a building or structure is demolished. (1 ) It shall be the incumbent on the applicant to demonstrate economic (2) The Commission may seek expert hardship to the Commission. The testimony on the foregoing and may applicant for a certificate of economic request the submission of any other hardship should submit the following information reasonably considered information before the commission necessary to make a determination as makes a determination on the to whether the property does yield or application: may yield a reasonable economic return to the owner. (a) Estimates of the cost of the proposed construction, alteration, (3) The Commission shall review all the demolition or removal and an evidence and information submitted. estimate of any additional cost that The commission shall make a would be incurred to comply with determination, within thirty-one (31) the recommendations Commission; calendar days of the public hearing, whether a Certificate of Economic (b) A report from a licensed engineer or Hardship should be granted based on architect about structures on the the information submitted. If the property and their suitability for Commission makes a finding of rehabilitation; economic hardship, it shall grant a Certificate of Economic Hardship and (c) Estimated market value of the give its approval for the work as property; proposed by the applicant. (d) An estimate from a licensed architect or contractor or appraiser, Exhibit "A" 33.335 Demolition by Neglect the procedures set out below to require the correction of (A) No owner or person with an interest in real deterioration or making of repairs to property designated as an historic landmark the historic structure; or within an historic district shall permit said (1 ) The written finding shall identify property to fall into a serious state of the specific condition(s) of the property which have led to that disrepair so as to result in the deterioration determination, and shall of any exterior architectural feature which contain a notice that a hearing would, in the judgment of the Commission, will be held before the Historic produce a detrimental effect upon the District Commission not less character of the historic district as a whole or than thirty (30) nor more that the life and character of the property itself. forty-five (45) days after the serving of such order; (B) Complaints. Upon any citizen's complaint or (2) The written finding shall also upon the City's own initiative and state that the owner and/or determination that demolition by neglect is occurring with respect to any property in one parties i interest shall be given a right answer and to of the City's local ordinance historic districts, give testimony at the hearing; the City shall conduct a preliminary and that the rules of evidence investigation and prepare a staff report. Such prevailing in courts of law or a complaint must include a Gear description equity shall not be controlling in of the property and the nature of the hearings before the Historic deterioration claimed to constitute demolition District Commission (HDC). by neglect. The purpose of the hearing is (1 ) If the City finds that the complaint has a to receive evidence concerning basis in fact, it will notify the property the charge of demolition by owner that a complaint has been neglect; received. A staff report will be brought before the Historic District Commission (3) h after such finding and hearing, the Commission (HDC) in no fewer than 30 days. If the determines that the structure is preliminary investigation does not undergoing demolition by substantiate the complaint, the neglect because it is complaint is resolved and no further deteriorating, or if its condition action will be taken. The first letter of is contributing to deterioration, notice to the property shall include: the Director of Long Range (a) A description of the process; Planning shall state in writing the findings of fact in support of (b) How the property owner or others such determination and shall having legal possession, custody or issue and cause to be served control can resolve the issue upon the owner and/or other immediately, and parties in interest therein an (c) Reports documenting the violations. order to repair within a time to en (2) The Director of Long Range Planning be specified in the wrtt decision those elements of the will forward the complaint and staff structure that are deteriorating, report to the HDC at its next regularly contributing to deterioration, or scheduled meeting after the 30 days deteriorated. have elapsed (a) The Commission will review (b) Complaints or orders issued by the complaints and staff reports and City shall be served upon persons accept information from the owner either personally or by certified and other interested mail. If the whereabouts of such persons. Based on the information persons are unknown and the same received, the Commission may file cannot be ascertained by a decision. If the HDC determines reasonable diligence, City staff shall there are specific defects with the make an affidavit to that effect, subject property it will notify the stating the steps taken to determine Director of Long Range Planning and locate the persons in interest, and Building Official to act under then the serving of such complaint 0 0 Exhibit "A" or order may be made by publishing the same once each week for two (2) successive weeks in a newspaper of general circulation within the City. Where such service is by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises thereby affected. 33.336 Appeals (A) Any applicant aggrieved by the determination of the Commission may appeal the determination of the Commission to the Circuit Court of Washington County, Arkansas, in accordance with Rule 9 of the Arkansas District Court Rules. 33.337 Enforcement (A) In the event that work being performed is found not to be in accordance with the Certificate of Appropriateness or upon notification of such fact by the Historic District Commission and/or City staff, the building inspector shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. Stop work orders and penalties for non-compliance with such will be enforced according to other applicable laws. A decision shall be made by the Commission concerning the stop work order within five (5) business days. (8) Any person who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined ten dollars ($10) to five hundred dollars ($500) per day after a 30- day period in which the person may correct the violation, in accordance with the Arkansas Historic Districts Act. Each day that a violation continues to exist constitutes a separate offense. y of Fayetteville Staff Review Form . D � City Council Agenda Items 7 and Contracts, Leases or Agreements N � irrG 9/16/2008 City Council Meeting Date Agenda Items Only Karen Minkel Planning Operations Submitted By Division 'Department Action Required: ADM 08-3056: (Certified Local Government Ordinance): Planning staff recommends approval of a certified local government ordinance establishing the powers and duties of the Historic District Commission. Cost of this request Category I Project Budget Program Category I Project Name Account Number Funds Used to Date Program / Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # Department irec G Original Contract Date: (Y Z9 " Op Original Contract Number: City Att Date Received in City allF3� l a.3 G I_o f Clerk's Office Finance and Internal Service Director Date Received in C*J Mayor's Office � b Mayor Dale Comments: Revised April 16, 2007 City Council Meeting,*- September 16, 2008 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From : Karen Minkel , Interim Director of Long Range Planning Date: August 28, 2008 Subject: ADM 08-3056 (Certified Local Government Ordinance) Approval of a certified local government ordinance establishing the powers and duties of the Historic District Commission. RECOMMENDATION Staff recommends approval of a certified local government ordinance establishing the powers and duties of the Historic District Commission. BACKGROUND In order to become a Certified Local Government, the City Council must approve an ordinance that outlines the powers and procedures of the Historic District Commission. The State Historic Preservation Program Office provided a model ordinance, which Staff has adapted for Fayetteville. The Historic District Commission forwarded this ordinance to the Ordinance Review Committee on July 10, 2008 with a vote of 4-0-0. The ordinance was then reviewed by the Assistant City Attorney whose comments are attached. Staff amended the ordinance to incorporate Mr. Whitaker' s suggestions. The Ordinance Review Committee unanimously voted to forward this ordinance to the City Council with a vote of 3 -0-0 on August 20, 2008 with no amendments. DISCUSSION The proposed ordinance outlines the following: • Purpose: The purpose of the HDC includes protecting and enhancing districts that represent or reflect elements of the City' s cultural, social, economic, political and architectural history, safeguarding the the' City' s historic, aesthetic and cultural heritage, fostering civic pride, strengthening the economy and promoting the use of the historic districts and landmarks for the education, pleasure and welfare of the people of Fayetteville. • Powers and Duties: Powers and duties include adopting design guidelines to be used when considering Certificates of Appropriateness applications, nominating structures and districts to the National Register of Historic Places, recommending local ordinance districts to the City Council , advising and assisting owners of historic properties on the physical and financial aspects of preservation, holding • City Council MeetinlifSeptember 16, 2008 Agenda Item Number public hearings for certificates of appropriateness and cooperating with state, county and local historic preservation organizations. • Proceedings: This section states that minutes of all public hearings shall be kept with the City Planning Division. • Certificate of Appropriateness: This section states that certificates of appropriateness must be granted before work may begin on structures within local ordinance historic districts and that the HDC may not consider interior arrangement or use. • Determination on an Application : Certificate of Appropriateness applicants must notify adjacent property owners thirty days prior to the public hearing. The HDC shall make a determination within 90 days. No changes shall be made within the scope of work before resubmitting to the HDC. • Demolition: HDC may defer issuing a certificate of appropriateness for an inappropriate demolition until it considers sources of funding for preservation and restoration, adaptive use, and the feasibility of moving the building to an appropriate location. • Economic Hardship: This section includes a definition of economic hardship and states that demonstrating economic hardship is incumbent upon the applicant. A suggested list of evidence that the applicant can provide to the HDC is included. • Demolition by Neglect: This section prohibits property owners within a local ordinance historic district from letting property fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature that would produce a detrimental effect upon the character of the district or the property itself. The section further outlines the protocol to be used upon receiving a complaint. • Work Not Requiring a Certificate of Appropriateness: Work not requiring a certificate of appropriateness includes ordinary maintenance and repairs, work required for public safety and work not visible from the public right-of-way. • Appeals: Appeals must be filed with the Circuit Court of Washington County within 30 days after the HDC makes a determination. • Enforcement: Stop work orders and tines may be issued. BUDGET IMPACT None ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF FAYETTEVILLE BY ENACTING §33 .228 THROUGH §33 .337 IN ARTICLE X. HISTORIC DISTRICT COMMISSION WHEREAS, the Historic District Commission was reestablished in 2006 "to promote the education, cultural, economic, and general welfare of the public through the preservation and the protection of buildings, sites, places and historic districts of interest; and WHEREAS, the City Council established White Hangar at Drake Field as a local ordinance district in February 2008; and WHEREAS, to become a certified local government and join 14 other cities in the State of Arkansas, the City of Fayetteville must have an ordinance outlining the powers and duties of the Historic District Commission; and WHEREAS, certified local governments gain access to an enhanced partnership with the Arkansas Historic Preservation Program and the National Park Service, including training, technical support, and grant assistance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends the Code of Fayetteville by enacting §33 .228 through §33 .337 in Article X, Historic District Commission of the City Code as shown on Exhibit "A" and made a part hereof. PASSED and APPROVED this 16'h day of September, 2008 . APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 9 Exhibit "A" 0 33.228 Purpose "historic district" and add these historic districts to the provisions of this (A) The purpose of the Commission shall be as Ordinance; follows: ( 1 ) effect and accomplish the protection, (5) keep a register of all properties and enhancement, and perpetuation of such structures that have been designated as areas and improvement of districts historically significant including all which represent or reflect elements of information required for each the City's cultural, social, economic, designation; political, and architectural history; (6) obtain the services of qualified persons (2) safeguard the City's historic, aesthetic to direct, advise and assist the Historic and cultural heritage, as embodied and District Commission; reflected in such areas; (7) advise and assist owners of historic (3) stabilize and improve property values in properties within historic districts on such districts; physical and financial aspects of preservation, renovation, rehabilitation, (4) foster civic pride in the beauty and and reuse, and on procedures for accomplishments of the past; inclusion on the National Register of Historic Places; (5) protect and enhance the City's attractions to tourists and visitors as well (8) hold public hearings to review as residents; applications for certificates of appropriateness; and (6) strengthen the economy of the City; and (9 cooperate with the Arkansas . Historic (7) promote the use of historic districts and Preservation Program, historical landmarks for the education, pleasure, associations and other agencies and and welfare of the people of the City. organizations devoted to the history of this city and state; 33.229 Powers and Duties 33.330 Proceedings of Historic District Commission (A) The Commission shall: (A) The Historic District Commission shall adopt ( 1 ) adopt design review guidelines to be rules necessary to conduct its affairs, and in used when considering Certificate of keeping with the provisions of the City Code Appropriateness applications. These of Ordinances. Meetings shall be held at the guidelines will be based upon the call of the chairperson and at such other Secretary of Interiors Standards for times as the Historic District Commission Rehabilitation and adapted specifically may determine. to Fayetteville's local ordinance historic districts; (B) The Historic District Commission shall keep minutes of its proceedings and shall keep (2) conduct surveys and studies of records of its examinations and other official neighborhoods, areas, places, actions, all of which shall be a public record structures, objects and improvements and be immediately filed in the office of the within the City of Fayetteville for the city planner. purpose of determining those of distinctive historic, community, 33.330 Certificate of Appropriateness architectural, or archeological interest or value; (A) No qualifying building or structure, which may include but not be limited to masonry (3) nominate buildings, structures, objects walls, fences, light fixtures, steps and and historic districts to the National paving, other appurtenant fixtures, or other Register of Historic Places; elements set forth in design guidelines shall be erected, altered, restored, moved, or (4) recommend to the City Council the demolished within said local ordinance adoption of ordinances designating Historic District until after an application for a areas as having special historic Certificate of Appropriateness as to the community or architectural value as Exhibit "A" 33.228 Purpose "historic district" and add these historic districts to the provisions of this (A) The purpose of the Commission shall be as Ordinance; follows: ( 1 ) effect and accomplish the protection, (5) keep a register of all properties and enhancement, and perpetuation of such structures that have been designated as areas and improvement of districts historically significant including all which represent or reflect elements of information required for each the City's cultural, social, economic, designation; political, and architectural history; (6) obtain the services of qualified persons (2) safeguard the City's historic, aesthetic to direct, advise and assist the Historic and cultural heritage, as embodied and District Commission; reflected in such areas; (7) advise and assist owners of historic (3) stabilize and improve property values in properties within historic districts on such districts; physical and financial aspects of preservation, renovation, rehabilitation, (4) foster civic pride in the beauty and and reuse, and on procedures for accomplishments of the past; inclusion on the National Register of Historic Places; (5) protect and enhance the City's attractions to tourists and visitors as well (8) hold public hearings to review as residents; applications for certificates of appropriateness; and (6) strengthen the economy of the City; and (9 cooperate with the Arkansas Historic (7) promote the use of historic districts and Preservation Program, historical landmarks for the education, pleasure, associations and other agencies and and welfare of the people of the City. organizations devoted to the history of this city and state; 33.229 Powers and Duties 33.330 Proceedings of Historic District Commission (A) The Commission shall: (A) The Historic District Commission shall adopt (1 ) adopt design review guidelines to be rules necessary to conduct its affairs, and in used when considering Certificate of keeping with the provisions of the City Code Appropriateness applications. These of Ordinances. Meetings shall be held at the guidelines will be based upon the call of the chairperson and at such other Secretary of Interior's Standards for times as the Historic District Commission Rehabilitation and adapted specifically may determine. to Fayetteville's local ordinance historic districts; (B) The Historic District Commission shall keep minutes of its proceedings and shall keep (2) conduct surveys and studies of records of its examinations and other official neighborhoods, areas, places, actions, all of which shall be a public record structures, objects and improvements and be immediately filed in the office of the within the City of Fayetteville for the city planner. purpose of determining those of distinctive historic, community, 33.330 Certificate of Appropriateness architectural, or archeological interest or value; (A) No qualifying building or structure, which may include but not be limited to masonry (3) nominate buildings, structures, objects walls, fences, light fixtures, steps and and historic districts to the National paving, other appurtenant fixtures, or other Register of Historic Places; elements set forth in design guidelines shall be erected, altered, restored, moved, or (4) recommend to the City Council the demolished within said local ordinance adoption of ordinances designating Historic District until after an application for a areas as having special historic Certificate of Appropriateness as to the community or architectural value as