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HomeMy WebLinkAboutOrdinance 6673113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6673 File Number: 2023-868 AMEND CODE OF ORDINANCES §33, ARTICLE X - HISTORIC DISTRICT COMMISSION: AN ORDINANCE TO AMEND ARTICLE X HISTORIC DISTRICT COMMISSION IN §33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE FAYETTEVILLE CITY CODE WHEREAS, the Historic District Commission began discussing changes to its governing regulations in February 2023 in response to feedback from the Arkansas Historic Preservation Program as part of a Certified Local Government review; and WHEREAS, Stantec Consulting Services also recommended that the City should consider an update to the ordinance to clarify the path to create a local historic district; WHEREAS, Historic District Commissioners and City staff recommend the approval of these amendments to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.226 Established by replacing "Act Number 484 of 1963" with "Ark. Code Ann. § 14-172-201, et seq." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.227 Membership by adding the following language to the end of the section: "Members should demonstrate an interest in historic preservation, possessing interest or expertise in architecture, landscape architecture, history, urban or regional planning, building rehabilitation, real estate, law, archeology, or conservation." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.229 Powers and Duties by adding the following: "Review and recommend historical markers to recognize important places and persons in Fayetteville's history." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 33.231 Historic Districts as follows: "33.231 Historic Districts Page 1 Ordinance: 6673 File Number: 2023-868 (A) The City Council may establish historic districts pursuant to the provisions of Ark. Code Ann. § 14-172-201, et seq., as amended. (B) District characteristics. The City Council and the Historic District Commission should consider the following characteristics when establishing an historic district to preserve areas of exemplary architectural, archaeological, cultural, or historic value: (1) Significance in history, architecture, archaeology, or culture; (2) Association with certain events that have made a significant contribution to the broad patterns of local, regional, state, or national history; (3) Association with the lives of significant persons in our past; (4) Embodying the distinctive characteristics of an architectural or engineering type, period, or method of construction; (5) Represents the work of a master designer, builder, or craftsman; or (6) Represents an established and familiar visual feature of the community. (C) Relationship to zoning districts (overlay zone). The historic district regulations are intended to preserve and protect the historically or architecturally worthy buildings, structures, sites, monuments and neighborhoods of the historic area. In all zoning districts lying within the boundaries of the historic district, the regulations for both the zoning district and the historic district shall be applied. Whenever there is a conflict between the regulations of the zoning district and the regulations of the historic district overlay zone, the more restrictive shall apply." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby renumbers the sections following the new § 33.231 Historic Districts accordingly. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of § 33.233 Work Not Requiring a Certificate of Appropriateness (formerly § 33.232) and enacts a replacement (C) as follows: "Facing the Public Right of Way. Work not facing any public right-of-way shall not require a Certificate of Appropriateness." PASSED and APPROVED on July 18, 2023 Attest: ``�����111 trrrt�r� AYcT7EVlLi_. /'''�� 610161►`�O� ``i` Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 18, 2023 CITY COUNCIL MEMO 2023-868 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager DATE: SUBJECT: Amend Fayetteville Code of Ordinances Chapter 33, Article X - Historic District Commission. Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 33.226 Established, 33.227 Membership, 33.229 Powers And Duties, 33.231 Historic Districts, and 33.233 Work Not Requiring A Certificate of Appropriateness. The proposed code changes would update the state code reference, member qualifications, add historical markers, establish local historic districts, and clarify when a Certificate of Appropriateness is not required. RECOMMENDATION: Long Range Planning staff and the Historic District Commission recommend approval of an amendment to the Fayetteville Code of Ordinances amending Chapter 33, Historic District Commission, to update the state code reference, member qualifications, add historical markers, establish local historic districts, and clarify when a Certificate of Appropriateness is not required. BACKGROUND: Per the National Park Service, the Certified Local Government Program was established "...to facilitate State and local government cooperation with Federal partners to promote nationwide preservation initiatives. Through the certification process, local communities make a commitment to national historic preservation standards. This commitment is key to America's ability to preserve, protect, and increase awareness of our unique cultural heritage found across the country." Per the Arkansas Historic Preservation Program, "The Certified Local Government (CLG) program represents a partnership between the National Park Service (NPS), the Arkansas Historic Preservation Program (AHPP) and local governments (Arkansas cities and counties) to preserve historic resources at the local level. An Arkansas city or county is eligible to participate in the CLG program if it has appointed a Historic District Commission (HDC) and has passed a local preservation ordinance designating one or more local historic districts, according to applicable state law. 21 Arkansas cities currently participate in the Certified Local Government program." Fayetteville became a CLG in 2008 with the adoption of the current Historic District Commission ordinance and with the establishment of the White Hanger at Drake Field as a local historic district. The City's program is reviewed every four years by AHPP staff, which includes reporting on historic preservation activity and a visit to an HDC meeting. Staff and Commissioner qualifications and training, participation with Federal Section 106 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 project review, grant funded project management and completion, and other program aspects are reviewed for compliance with comments provided for improvements for better alignment with the CLG program standards. Municipal programs in good standing are eligible for CLG grants on an annual basis, and the City of Fayetteville's recent successful CLG grant applications include the citywide Heritage and Historic Preservation Plan ($50,000) and a historic context statement for the University Heights and Haskell Heights neighborhoods ($20,000). After completing a review of Fayetteville's current historic preservation program and resources as part of the project to write the city's first Heritage and Historic Preservation Plan, the project consultant, Stantec, made the following observation on page 41 of the plan document: "The ordinance established the City's ability to form an HDC to administer the goals and purpose of the law. It also grants the City the ability to designate historic districts via a local ordinance and oversee alterations and demolitions to properties within locally designated districts. Aside from indicating that local historic districts should have "special historic community or architectural value," there is no designation criteria, nor is there an application process by which a member of the public or a group of individuals could seek designation." Additionally, Action Item 1.1 on page 80 of the plan reads: "Modify ordinance to include eligibility criteria and a process for establishing local historic districts." Item 1.2 on the same page reads: "Ensure HDC ordinance meets CLG criteria for expertise in architecture, urban planning/design, or history to the extent possible. Hire consultants or pro bono professionals to assist the HDC on an as -needed basis." The proposed amendments would accomplish these first two action items. DISCUSSION: The Historic District Commission began discussing changes to the ordinance in their meeting on February 9, 2023 in response to feedback from the Arkansas Historic Preservation Program as part of the Certified Local Government quadrennial review. Additionally, the Commission received draft recommendations from Stantec Consulting Services that the City should consider an update to the ordinance to create and/or clarify the path to create a local historic district. The Commissioners worked with staff through the next several meetings on proposed edits, considering state requirements for the establishment of local historic districts, ordinances in other cities in Arkansas with local historic districts, criteria for Historic District Commission members and program criteria for good standing with the Certified Local Government program, through which the City of Fayetteville applies for annual grant funding to support historic preservation work. Long Range Planning staff also received feedback on the proposed changes from the CLG Coordinator with AHPP to ensure that the changes would be aligned with the state program's expectations and criteria for good standing. Out of that feedback came the proposal to adjust the language for when a Certificate of Appropriateness is Not Required (this is only applicable to properties located within established local historic districts), so that only work facing a public right-of-way and not work visible from a public right-of-way requires the approval. The language for "visible from a public right-of-way" is often unclear and requires an interpretation of "visible", in contrast to "facing the public right-of-way", which is based on the orientation of the structure being altered. The Commission made a final review of the proposed changes in their June 8, 2023 meeting and did not have any additional comments or edits. Commissioner Alex Lee made the motion to forward the amendments to the City Council with a second by Commissioner Hark Harper. The motion was approved 4-0-0. No public comment was received. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: HDC Ordinance SRF, ARTICLE _X HISTORIC _ DISTRICT _ COMM ISSION_Strikethrough_Highlight, ARTICLE_X_HISTORIC_DISTRICT_COMMISSION_Clean, 2023 AHPP CLG Review Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-868 Amend Fayetteville Code of Ordinances Chapter 33, Article X - Historic District Commission. Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 33.226 Established, 33.227 Membership, 33.229 Powers And Duties, 33.231 Historic Districts, and 33.233 Work Not Requiring A Certificate of Appropriateness. The proposed code changes would update the state code reference, member qualifications, add historical markers, establish local historic districts, and clarify when a Certificate of Appropriateness is not required. AN ORDINANCE TO AMEND ARTICLE X HISTORIC DISTRICT COMMISSION IN §33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE FAYETTEVILLE CITY CODE WHEREAS, the Historic District Commission began discussing changes to its governing regulations in February 2023 in response to feedback from the Arkansas Historic Preservation Program as part of a Certified Local Government review; and WHEREAS, Stantec Consulting Services also recommended that the City should consider an update to the ordinance to clarify the path to create a local historic district; WHEREAS, Historic District Commissioners and City staff recommend the approval of these amendments to the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.226 Established by replacing "Act Number 484 of 1963" with "Ark. Code Ann. § 14-172-201, et seq." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.227 Membership by adding the following language to the end of the section: "Members should demonstrate an interest in historic preservation, possessing interest or expertise in architecture, landscape architecture, history, urban or regional planning, building rehabilitation, real estate, law, archeology, or conservation." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.229 Powers and Duties by adding the following: "Review and recommend historical markers to recognize important places and persons in Fayetteville's Page 1 Ordinance: 6673 File Number: 2023-868 history." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 33.231 Historic Districts as follows: "33.231 Historic Districts (A) The City Council may establish historic districts pursuant to the provisions of Ark. Code Ann. § 14- 172-201, et seq., as amended. (B) District characteristics. The City Council and the Historic District Commission should consider the following characteristics when establishing an historic district to preserve areas of exemplary architectural, archaeological, cultural, or historic value: (1) Significance in history, architecture, archaeology, or culture; (2) Association with certain events that have made a significant contribution to the broad patterns of local, regional, state, or national history; (3) Association with the lives of significant persons in our past; (4) Embodying the distinctive characteristics of an architectural or engineering type, period, or method of construction; (5) Represents the work of a master designer, builder, or craftsman; or (6) Represents an established and familiar visual feature of the community. (C) Relationship to zoning districts (overlay zone). The historic district regulations are intended to preserve and protect the historically or architecturally worthy buildings, structures, sites, monuments and neighborhoods of the historic area. In all zoning districts lying within the boundaries of the historic district, the regulations for both the zoning district and the historic district shall be applied. Whenever there is a conflict between the regulations of the zoning district and the regulations of the historic district overlay zone, the more restrictive shall apply." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby renumbers the sections following the new § 33.231 Historic Districts accordingly. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (C) of § 33.233 Work Not Requiring a Certificate of Appropriateness (formerly § 33.232) and enacts a replacement (C) as follows: "Facing the Public Right of Way. Work not facing any public right-of-way shall not require a Certificate of Appropriateness." Page 2 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2023-868 Item ID 7/18/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/30/2023 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: Long Range Planning staff and the Historic District Commission recommend approval of an amendment to the Fayetteville Code of Ordinances amending Chapter 33, Historic District Commission, to update the state code reference, member qualifications, add historical markers, establish local historic districts, and clarify when a Certificate of Appropriateness is not required. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Ord. 5177 Approval Date: 9/16/2008 ARTICLE X HISTORIC DISTRICT COMMISSION ARTICLE X HISTORIC DISTRICT COMMISSION 33.226 Established There is hereby established a Historic District Commission for the City of Fayetteville, Arkansas. Said commission shall have those powers delegated to such a commission by Act Numbep 484 of'I963 Ark. Code Ann. § 14-172-201, et sep, as amended, of the Acts of the General Assembly of the State of Arkansas. (Ord. No. 2509, § 1, 3-1-79) 33.227 Membership The Commission shall consist of seven (7) members appointed by the Mayor, subject to confirmation by the City Council. Each member of the Commission shall be an elector of the city holding no salaried or elective municipal office. Members hall be appointed for terms of three (3) years. Vacancies shall be filled in like manner for the unexpired term. Members should demonstrate an interest in historic preservation, possessing interest or expertise in architecture, landscape architecture, history, urban or regional planning, building rehabilitation, real estate. law. archeoloev. or conservation. (Ord. No. 2509, § 2, 3-1-79; Ord. No. 3836, § 1, 10-18-94) 33.228 Purpose (A) The purpose of the Commission shall be as follows: (1) Effect and accomplish the protection, enhancement, and perpetuation of such areas and improvement of districts which represent or reflect elements of the city's cultural, social, economic, political, and architectural history; (2) Safeguard the city's historic, aesthetic and cultural heritage, as embodied and reflected in such areas; (3) Stabilize and improve property values in such districts; (4) Foster civic pride in the beauty and accomplishments of the past; (5) Protect and enhance the city's attractions to tourists and visitors as well as residents; (6) Strengthen the economy of the city; and (7) Promote the use of historic districts and landmarks for the education, pleasure, and welfare of the people of the city. 33.229 Powers And Duties (A) The Commission shall: (1) Adopt design review guidelines to be used when considering Certificate of Appropriateness applications. These guidelines will be based upon the Secretary of Interior's Standards for Rehabilitation and adapted specifically to Fayetteville's local ordinance historic districts; (2) Conduct surveys and studies of neighborhoods, areas, places, structures, objects and improvements within the City of Fayetteville for the purpose of determining those of distinctive historic, community, architectural, or archeological interest or value; Fayetteville, Arkansas, Code of Ordinances (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 1 of 6 (3) Nominate buildings, structures, objects and historic districts to the National Register of Historic Places; (4) Recommend to the City Council the adoption of ordinances designating areas as having special historic community or architectural value as "historic district" and add these historic districts to the provisions of this ordinance; (5) Keep a register of all properties and structures that have been designated as historically significant including all information required for each designation; (6) Obtain the services of qualified persons to direct, advise and assist the Historic District Commission; (7) Advise and assist owners of historic properties within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places; (8) Review and recommend historical markers to recognize important places and persons in Fayetteville's history; (29) Hold public hearings to review applications for certificates of appropriateness; and (10-9) Cooperate with the Arkansas Historic Preservation Program, historical associations and other agencies and organizations devoted to the history of this city and state.; 33.230 Proceedings Of Historic District Commission (A) The Historic District Commission shall adopt rules necessary to conduct its affairs, and in keeping with the provisions of the City Code of Ordinances. Meetings shall be held at the call of the chairperson and at such other times as the Historic District Commission may determine. (B) The Historic District Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Planner. 33.231 Historic Districts (A) The Citv Council may establish historic districts Dursuant to the Drovisions of Ark. Code Ann. § 14-172-201. et seq., as amended. (B) District characteristics. The City Council and the HDC should consider the following characteristics when establishing an historic district to preserve areas of exemplary architectural, archaeological, cultural, or historic value: (1) Significance in history, architecture, archaeology, or culture; Association with certain events that have made a significant contribution to the broad Datterns of local, regional, state, or national history; (3) Association with the lives of significant persons in our past; (4) Embodying the distinctive characteristics of an architectural or engineering type, period, or method of construction; (5) Represents the work of a master designer, builder, or craftsman; or (6) Represents an established and familiar visual feature of the community. (C) Relationship to zoning districts (overlay zone). The historic district regulations are intended to preserve and protect the historicallv or architecturally worthv buildings. structures. sites. monuments and neighborhoods of the (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 2 of 6 historic area. In all zoning districts lying within the boundaries of the historic district, the regulations for both the zoning district and the historic district shall be applied. Whenever there is a conflict between the regulations of the zoning district and the regulations of the historic district overlay zone, the more restrictive shall apply. 33.232-1 Certificate Of Appropriateness (A) No qualifying building or structure, which may include but not be limited to masonry walls, fences, light fixtures, steps and paving, other appurtenant fixtures, or other elements set forth in design guidelines shall be erected, altered, restored, moved, or demolished within said local ordinance Historic District until after an application for a Certificate of Appropriateness as to the exterior architectural features has been submitted to and approved by the HDC. (1) No building permit or other permit shall be granted for purpose of constructing or altering structures until an application for a Certificate of Appropriateness as to the exterior architectural features has been submitted to and approved by the HDC. (2) A Certificate of Appropriateness shall be required whether or not a building permit is required. (3) In its deliberations under this Ordinance, said HDC shall not consider interior arrangement or use. 33.233. Work Not Requiring A Certificate Of Appropriateness (A) Ordinary Maintenance and Repairs. Nothing in these regulations shall be construed to prevent ordinary maintenance and/or repair of any exterior architectural feature of a property within a historic district. (B) Public Safety. This ordinance shall not prevent the restoration, rehabilitation, renovation, preservation, alteration, construction, or demolition of any such feature that the city shall certify is required for the public safety. In emergency situations, threatening life, limb or significant property damage, work may be authorized without a Certificate of Appropriateness. Such work shall be done in accordance with the principles and specific criteria adopted under this ordinance. (C) Visibility#rFacing the Public Right -of -Way. Work not visible fromfacing any public right-of-way shall not require a Certificate of Appropriateness. 33.2343 Determination On An Application (A) Within a reasonable amount of time, not to exceed thirty (30) days after the filing of an application for a Certificate of Appropriateness, the applicant shall promptly send by mail, postage prepaid, to the applicant and to the owners of all adjoining properties, a notice of hearing to be held by the HDC on said application. A notice of the public hearing shall be published at least one (1) time in a newspaper having circulation throughout the City of Fayetteville a minimum of fifteen (15) days prior to the hearing. (1) All persons desiring to present information regarding the application shall be heard at the hearing. (2) The HDC shall determine whether the restoration, rehabilitation, renovation, preservation, alteration, construction, moving or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the Historic District within ninety (90) days. (3) If the HDC determines that a Certificate of Appropriateness should not be issued, it shall place upon its records the reasons for such determination. The HDC shall immediately notify the applicant of its determination. (B) In making its determination, the HDC shall consider without being limited to the following criteria: (1) The purpose of this ordinance; (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 3 of 6 (2) The architectural or historic value or significance of a building and its relationship to the surrounding area; (3) The general compatibility of proposed changes; and (4) Any other factor, including visual and aesthetic, considered pertinent. (C) No change shall be made in the scope of work for any building permit after issuance of a Certificate of Appropriateness without resubmitting to the Commission and receiving approval in the same manner as provided above. 33.2354 Demolition (A) Inappropriate Demolition. 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 the Commission may defer the matter until such time as it 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 reason for the request to demolish. (2) Adaptive use changes. (3) The feasibility of moving the building to another appropriate location. 33.236-5 Economic Hardship (A) Definition. Economic hardship shall refer to an owner's inability to see a reasonable return for an investment that will comply with the ordinance's standards to preserve the property. Evidence of economic hardship is generally limited to instances when the cost of preservation exceeds the value of the building, or preservation will deprive the owner of reasonable use of the property. An owner's personal financial status is not an issue the Commission may consider. (B) Application for Economic Hardship. If a Certificate of Appropriateness is denied, the applicant may submit an application for a Certificate of Economic Hardship within fifteen (15) calendar days from the date of the notice of denial by the Commission. The Application for a Certificate of Economic Hardship shall be subject to the hearing schedules and notice provisions applicable to applications for Certificates of Appropriateness. (1) It shall be the incumbent on the applicant to demonstrate economic hardship to the Commission. The applicant for a Certificate of Economic Hardship should submit the following information before the commission makes a determination on the application: (a) Estimates of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations Commission; (b) A report from a licensed engineer or architect about structures on the property and their suitability for rehabilitation; (c) Estimated market value of the property; (d) An estimate from a licensed architect or contractor or appraiser, as to the economic feasibility of rehabilitation or reuse of the existing structure; (e) Amount paid for the property, the date of purchase, and the party from whom purchased and any terms of financing between seller and buyer; (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 4 of 6 (f) If the property is income -producing, the annual gross income from the property for the previous two (2) years; (g) All appraisals obtained within the previous two (2) years; (h) Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; (i) Assessed value of the property according to the two (2) most recent assessments; (j) Real estate taxes for the previous (2) years; (k) Form of ownership or operation of the property; and (1) Information about plans prepared for the property if a building or structure is demolished. (2) The Commission may seek expert testimony on the foregoing and may request the submission of any other information reasonably considered necessary to make a determination as to whether the property does yield or may yield a reasonable economic return to the owner. (3) The Commission shall review all the evidence and information submitted. The Commission shall make a determination, within thirty-one (31) calendar days of the public hearing, whether a Certificate of Economic Hardship should be granted based on the information submitted. If the Commission makes a finding of economic hardship, it shall grant a Certificate of Economic Hardship and give its approval for the work as proposed by the applicant. 33.2376 Demolition by Neglect (A) No owner or person with an interest in real property designated as an historic landmark or within an historic district shall permit said property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. (B) Complaints. Upon any citizen's complaint or upon the city's own initiative and determination that demolition by neglect is occurring with respect to any property in one of the city's local ordinance historic districts, the city shall conduct a preliminary investigation and prepare a staff report. Such a complaint must include a clear description of the property and the nature of the deterioration claimed to constitute demolition by neglect. (1) If the city finds that the complaint has a basis in fact, it will notify the property owner that a complaint has been received. A staff report will be brought before the Historic District Commission (HDC) in no fewer than thirty (30) days. If the preliminary investigation does not substantiate the complaint, the complaint is resolved and no further action will be taken. The first letter of notice to the property shall include: (a) A description of the process; (b) How the property owner or others having legal possession, custody or control can resolve the issue immediately, and (c) Reports documenting the violations. (2) The Director of Long Range Planning will forward the complaint and staff report to the HDC at its next regularly scheduled meeting after the thirty (30) days have elapsed (a) The Commission will review complaints and staff reports and accept information from the owner and other interested persons. Based on the information received, the Commission may file a decision. If the HDC determines there are specific defects with the subject property it will notify (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 5 of 6 the Director of Long Range Planning and Building Official to act under the procedures set out below to require the correction of deterioration or making of repairs to the historic structure; (i) The written finding shall identify the specific condition(s) of the property which have led to that determination, and shall contain a notice that a hearing will be held before the Historic District Commission not less than thirty (30) nor more than forty-five (45) days after the serving of such order; (ii) The written finding shall also state that the owner and/or parties in interest shall be given a right to answer and to give testimony at the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Historic District Commission (HDC). The purpose of the hearing is to receive evidence concerning the charge of demolition by neglect; (iii) If after such finding and hearing, the Commission determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, the Director of Long Range Planning shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within a time to be specified in the written decision those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. (b) Complaints or orders issued by the city shall be served upon persons either personally or by certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by reasonable diligence, city staff shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint 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. 33.238- 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. 33.2399 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. (B) Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined $10.00 to $500.00 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. (Ord. No. 5177, 9-16-08) (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 6 of 6 ARTICLE X HISTORIC DISTRICT COMMISSION ARTICLE X HISTORIC DISTRICT COMMISSION 33.226 Established There is hereby established a Historic District Commission for the City of Fayetteville, Arkansas. Said commission shall have those powers delegated to such a commission by Ark. Code Ann. § 14-172-201, et seq, as amended, of the Acts of the General Assembly of the State of Arkansas. (Ord. No. 2509, § 1, 3-1-79) 33.227 Membership The Commission shall consist of seven (7) members appointed by the Mayor, subject to confirmation by the City Council. Each member of the Commission shall be an elector of the city holding no salaried or elective municipal office. Members hall be appointed for terms of three (3) years. Vacancies shall be filled in like manner for the unexpired term. Members should demonstrate an interest in historic preservation, possessing interest or expertise in architecture, landscape architecture, history, urban or regional planning, building rehabilitation, real estate, law, archeology, or conservation. (Ord. No. 2509, § 2, 3-1-79; Ord. No. 3836, § 1, 10-18-94) 33.228 Purpose (A) The purpose of the Commission shall be as follows: (1) Effect and accomplish the protection, enhancement, and perpetuation of such areas and improvement of districts which represent or reflect elements of the city's cultural, social, economic, political, and architectural history; (2) Safeguard the city's historic, aesthetic and cultural heritage, as embodied and reflected in such areas; (3) Stabilize and improve property values in such districts; (4) Foster civic pride in the beauty and accomplishments of the past; (5) Protect and enhance the city's attractions to tourists and visitors as well as residents; (6) Strengthen the economy of the city; and (7) Promote the use of historic districts and landmarks for the education, pleasure, and welfare of the people of the city. 33.229 Powers And Duties (A) The Commission shall: (1) Adopt design review guidelines to be used when considering Certificate of Appropriateness applications. These guidelines will be based upon the Secretary of Interior's Standards for Rehabilitation and adapted specifically to Fayetteville's local ordinance historic districts; (2) Conduct surveys and studies of neighborhoods, areas, places, structures, objects and improvements within the City of Fayetteville for the purpose of determining those of distinctive historic, community, architectural, or archeological interest or value; Fayetteville, Arkansas, Code of Ordinances (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 1 of 6 (3) Nominate buildings, structures, objects and historic districts to the National Register of Historic Places; (4) Recommend to the City Council the adoption of ordinances designating areas as having special historic community or architectural value as "historic district" and add these historic districts to the provisions of this ordinance; (5) Keep a register of all properties and structures that have been designated as historically significant including all information required for each designation; (6) Obtain the services of qualified persons to direct, advise and assist the Historic District Commission; (7) Advise and assist owners of historic properties within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places; (8) Review and recommend historical markers to recognize important places and persons in Fayetteville's history; (9) Hold public hearings to review applications for certificates of appropriateness; and (10) Cooperate with the Arkansas Historic Preservation Program, historical associations and other agencies and organizations devoted to the history of this city and state. 33.230 Proceedings Of Historic District Commission (A) The Historic District Commission shall adopt rules necessary to conduct its affairs, and in keeping with the provisions of the City Code of Ordinances. Meetings shall be held at the call of the chairperson and at such other times as the Historic District Commission may determine. (B) The Historic District Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Planner. 33.231 Historic Districts (A) The City Council may establish historic districts pursuant to the provisions of Ark. Code Ann. § 14-172-201, et seq., as amended. (B) District characteristics. The City Council and the HDC should consider the following characteristics when establishing an historic district to preserve areas of exemplary architectural, archaeological, cultural, or historic value: (1) Significance in history, architecture, archaeology, or culture; (2) Association with certain events that have made a significant contribution to the broad patterns of local, regional, state, or national history; (3) Association with the lives of significant persons in our past; (4) Embodying the distinctive characteristics of an architectural or engineering type, period, or method of construction; (5) Represents the work of a master designer, builder, or craftsman; or (6) Represents an established and familiar visual feature of the community. (C) Relationship to zoning districts (overlay zone). The historic district regulations are intended to preserve and protect the historically or architecturally worthy buildings, structures, sites, monuments and neighborhoods of the (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 2 of 6 historic area. In all zoning districts lying within the boundaries of the historic district, the regulations for both the zoning district and the historic district shall be applied. Whenever there is a conflict between the regulations of the zoning district and the regulations of the historic district overlay zone, the more restrictive shall apply. 33.232 Certificate Of Appropriateness (A) No qualifying building or structure, which may include but not be limited to masonry walls, fences, light fixtures, steps and paving, other appurtenant fixtures, or other elements set forth in design guidelines shall be erected, altered, restored, moved, or demolished within said local ordinance Historic District until after an application for a Certificate of Appropriateness as to the exterior architectural features has been submitted to and approved by the HDC. (1) No building permit or other permit shall be granted for purpose of constructing or altering structures until an application for a Certificate of Appropriateness as to the exterior architectural features has been submitted to and approved by the HDC. (2) A Certificate of Appropriateness shall be required whether or not a building permit is required. (3) In its deliberations under this Ordinance, said HDC shall not consider interior arrangement or use. 33.233 Work Not Requiring A Certificate Of Appropriateness (A) Ordinary Maintenance and Repairs. Nothing in these regulations shall be construed to prevent ordinary maintenance and/or repair of any exterior architectural feature of a property within a historic district. (B) Public Safety. This ordinance shall not prevent the restoration, rehabilitation, renovation, preservation, alteration, construction, or demolition of any such feature that the city shall certify is required for the public safety. In emergency situations, threatening life, limb or significant property damage, work may be authorized without a Certificate of Appropriateness. Such work shall be done in accordance with the principles and specific criteria adopted under this ordinance. (C) Facing the Public Right -of -Way. Work not facing any public right-of-way shall not require a Certificate of Appropriateness. 33.234 Determination On An Application (A) Within a reasonable amount of time, not to exceed thirty (30) days after the filing of an application for a Certificate of Appropriateness, the applicant shall promptly send by mail, postage prepaid, to the applicant and to the owners of all adjoining properties, a notice of hearing to be held by the HDC on said application. A notice of the public hearing shall be published at least one (1) time in a newspaper having circulation throughout the City of Fayetteville a minimum of fifteen (15) days prior to the hearing. (1) All persons desiring to present information regarding the application shall be heard at the hearing. (2) The HDC shall determine whether the restoration, rehabilitation, renovation, preservation, alteration, construction, moving or demolition of buildings, structures, or appurtenant fixtures involved will be appropriate to the preservation of the Historic District within ninety (90) days. (3) If the HDC determines that a Certificate of Appropriateness should not be issued, it shall place upon its records the reasons for such determination. The HDC shall immediately notify the applicant of its determination. (B) In making its determination, the HDC shall consider without being limited to the following criteria: (1) The purpose of this ordinance; (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 3 of 6 (2) The architectural or historic value or significance of a building and its relationship to the surrounding area; (3) The general compatibility of proposed changes; and (4) Any other factor, including visual and aesthetic, considered pertinent. (C) No change shall be made in the scope of work for any building permit after issuance of a Certificate of Appropriateness without resubmitting to the Commission and receiving approval in the same manner as provided above. 33.235 Demolition (A) Inappropriate Demolition. 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 the Commission may defer the matter until such time as it 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 reason for the request to demolish. (2) Adaptive use changes. (3) The feasibility of moving the building to another appropriate location. 33.236 Economic Hardship (A) Definition. Economic hardship shall refer to an owner's inability to see a reasonable return for an investment that will comply with the ordinance's standards to preserve the property. Evidence of economic hardship is generally limited to instances when the cost of preservation exceeds the value of the building, or preservation will deprive the owner of reasonable use of the property. An owner's personal financial status is not an issue the Commission may consider. (B) Application for Economic Hardship. If a Certificate of Appropriateness is denied, the applicant may submit an application for a Certificate of Economic Hardship within fifteen (15) calendar days from the date of the notice of denial by the Commission. The Application for a Certificate of Economic Hardship shall be subject to the hearing schedules and notice provisions applicable to applications for Certificates of Appropriateness. (1) It shall be the incumbent on the applicant to demonstrate economic hardship to the Commission. The applicant for a Certificate of Economic Hardship should submit the following information before the commission makes a determination on the application: (a) Estimates of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the recommendations Commission; (b) A report from a licensed engineer or architect about structures on the property and their suitability for rehabilitation; (c) Estimated market value of the property; (d) An estimate from a licensed architect or contractor or appraiser, as to the economic feasibility of rehabilitation or reuse of the existing structure; (e) Amount paid for the property, the date of purchase, and the party from whom purchased and any terms of financing between seller and buyer; (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 4 of 6 (f) If the property is income -producing, the annual gross income from the property for the previous two (2) years; (g) All appraisals obtained within the previous two (2) years; (h) Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; (i) Assessed value of the property according to the two (2) most recent assessments; (j) Real estate taxes for the previous (2) years; (k) Form of ownership or operation of the property; and (1) Information about plans prepared for the property if a building or structure is demolished. (2) The Commission may seek expert testimony on the foregoing and may request the submission of any other information reasonably considered necessary to make a determination as to whether the property does yield or may yield a reasonable economic return to the owner. (3) The Commission shall review all the evidence and information submitted. The Commission shall make a determination, within thirty-one (31) calendar days of the public hearing, whether a Certificate of Economic Hardship should be granted based on the information submitted. If the Commission makes a finding of economic hardship, it shall grant a Certificate of Economic Hardship and give its approval for the work as proposed by the applicant. 33.237 Demolition by Neglect (A) No owner or person with an interest in real property designated as an historic landmark or within an historic district shall permit said property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. (B) Complaints. Upon any citizen's complaint or upon the city's own initiative and determination that demolition by neglect is occurring with respect to any property in one of the city's local ordinance historic districts, the city shall conduct a preliminary investigation and prepare a staff report. Such a complaint must include a clear description of the property and the nature of the deterioration claimed to constitute demolition by neglect. (1) If the city finds that the complaint has a basis in fact, it will notify the property owner that a complaint has been received. A staff report will be brought before the Historic District Commission (HDC) in no fewer than thirty (30) days. If the preliminary investigation does not substantiate the complaint, the complaint is resolved and no further action will be taken. The first letter of notice to the property shall include: (a) A description of the process; (b) How the property owner or others having legal possession, custody or control can resolve the issue immediately, and (c) Reports documenting the violations. (2) The Director of Long Range Planning will forward the complaint and staff report to the HDC at its next regularly scheduled meeting after the thirty (30) days have elapsed (a) The Commission will review complaints and staff reports and accept information from the owner and other interested persons. Based on the information received, the Commission may file a decision. If the HDC determines there are specific defects with the subject property it will notify (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 5 of 6 the Director of Long Range Planning and Building Official to act under the procedures set out below to require the correction of deterioration or making of repairs to the historic structure; (i) The written finding shall identify the specific condition(s) of the property which have led to that determination, and shall contain a notice that a hearing will be held before the Historic District Commission not less than thirty (30) nor more than forty-five (45) days after the serving of such order; (ii) The written finding shall also state that the owner and/or parties in interest shall be given a right to answer and to give testimony at the hearing; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Historic District Commission (HDC). The purpose of the hearing is to receive evidence concerning the charge of demolition by neglect; (iii) If after such finding and hearing, the Commission determines that the structure is undergoing demolition by neglect because it is deteriorating, or if its condition is contributing to deterioration, the Director of Long Range Planning shall state in writing the findings of fact in support of such determination and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within a time to be specified in the written decision those elements of the structure that are deteriorating, contributing to deterioration, or deteriorated. (b) Complaints or orders issued by the city shall be served upon persons either personally or by certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by reasonable diligence, city staff shall make an affidavit to that effect, stating the steps taken to determine and locate the persons in interest, then the serving of such complaint 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. 33.238 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. 33.239 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. (B) Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined $10.00 to $500.00 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. (Ord. No. 5177, 9-16-08) (Supp. No. 27) Created: 2022-12-12 10:36:28 [EST] Page 6 of 6 ARKANSAS HERITAGE June 15, 2023 Britin Bostick Long Range Planning & Special Projects Manager City of Fayetteville 125 West Mountain St. Fayetteville, AR 72701 Sent via email to: bbostick@favetteville-ar.gov Dear Mrs. Bostick: Sarah Huckabee Sanders Governor Shea Lewis Interim Secretary I would like to begin by thanking you and the City of Fayetteville for your continued commitment to city and statewide preservation through your work as a Certified Local Government (CLG) community. This letter serves to conclude the Quadrennial Review process, summarize its findings, and provide guidance for improvement, if applicable. The City's Self -Assessment Form, through which the AHPP gathers information prior to a site visit, was submitted on March 17, 2022. 1 conducted my site visit to the Fayetteville Historic District Commission's (HDC) August 11, 2022, meeting and enjoyed the opportunity to watch the commissioners at work as well as discuss relevant topics with them. This meeting was satisfactory, with the commission in apparent good working order. Below are a few observations made as well as suggestions for improvement. I would recommend that the HDC, in conjunction with your department, begin searching for the historic district that would best be locally regulated. This is a major goal of your forthcoming preservation plan, and I make mention of the local district here to lend my support to the idea. During my visit, I gathered that you have a competent and highly interested commission. Collectively, they are a great asset to the entire city and, if the right area could be identified, to a local district that is seeking to regulate its historic resources. At the time of my visit, the HDC had received two new applications for new members. Please provide an update on those applications, and more generally on any commission vacancies, at your earliest convenience. Should you have any questions related to this letter, please do contact me. Thank you again for your dedication to the preservation of Arkansas's historic resources. Sincerely, lain Montgomery Certified Local Government Coordinator Arkansas Historic Preservation Program 1100 North Street • Little Rock, AR 72201 • 501-324-9150 ArkansasPreservation.com Form 0.25 NV\!Am ftiddM&A A WEHCO MEDIA COMPANY RE RECEIVED Account #: NWCL5004205 JUL 24Y2023 Company: CITY OF FAYETTEVILLE-CLERKS OFFI4�F FAYETTEVILLE CITY CLERK'S OFFICE Ad number #: 307429 PO #: Matter of: ORD 6673 AFFIDAVIT • STATE OFARKANSAS • COUNTY OF WASHINGTON I, Carla Gardner, do solemnly swear that I am the Finance Director of the Northwest Arkansas Democrat Gazette, a daily newspaper printed and published in said county, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6673 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $256.10. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 07122123; NWA nwaonline.com 07/22/23 Finance Director NOTARY PUBLIC CATHERINE STAGGS MY COMMISSION # 12402772 ;o* EXPIRES: February 28, 20125 x '� Washington County Ordinance: 6673 File Number: 2023-868 AMEND CODE OF ORDI- NANCES §33, ARTICLE X - HIS- TORIC DISTRICT COMMISSION: AN ORDINANCE TO AMEND ARTICLE X HISTORIC DISTRICT COMMISSION IN §33 DEPART- MENTS, BOARDS, COMMIS- SIONS, AND AUTHORITIES OF THE FAYETTEVILLE CITY CODE WHEREAS, the Historic Dis- trict Commission began dis- cussing changes to its governing regulations in Febru- ary 2023 in response to feed- back from the Arkansas Historic Preservation Program as part of a Certified Local Government review; and WHEREAS, Stantec Consulting Services also recommended that the City should consider an update to the ordinance to clar- ify the path to create a local his- toric district; WHEREAS, Historic District Commissioners and City staff recommend the approval of these amendments to the City Code. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 33.226 Established by replacing "Act Number 484 of 1963" with "Ark. Code Ann.§ 14-172-201, at seq. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 33.227 Membership by adding the following language to the end of the section "Members should demon- strate an interest in historic preservation, possessing inter- est or expertise in architecture, landscape architecture, history, urban or regional planning, building rehabilitation, real es- tate, law, archeology, or conser- vation." Section 3: That the City Council of the City of Fayet- teville, Arkansas hereby amends § 33.229 Powers and Duties by adding the following: "Review and recommend historical markers to recognize important places and persons in Fayetteville's history." Section 4: That the City Council of the City of Fayet- teville, Arkansas hereby enacts a new § 33.231 Historic Dis- tricts as follows: "33.231 Historic Districts (A) The City Council may es- tablish historic districts pur- suant to the provisions of Ark. Code Ann. § 14-172-201, at seq., as amended. (B) District characteristics. The City Council and the HOC should consider the following characteristics when establish- ing an historic district to pre- serve areas of exemplary architectural, archaeological, cultural, or historic value: (1) Significance in history, ar- chitecture, archaeology, or cul- ture; (2) Association with certain events that have made a signif- icant contribution to the broad patterns of local, regional, state, or national history; (3) Association with the lives of significant persons in our past; (4) Embodying the distinctive characteristics of an architec- tural or engineering type, pe- riod, or method of construction; (5) Represents the work of a master designer, builder, or craftsman; or (6) Represents an established and familiar visual feature of the community. (C) Relationship to zoning dis- tricts (overlay zone). The historic district regulations are intended to preserve and protect the his- torically or architecturally wor- thy buildings, structures, sites, monuments and neighborhoods of the historic area. In all zoning districts lying within the bound- aries of the historic district, the regulations for both the zoning district and the historic district shall be applied. Whenever there is a conflict between the regulations of the zoning district and the regulations of the his- toric district overlay zone, the more restrictive shall apply." Section 5: That the City Coun- cil of the City of Fayetteville, Arkansas hereby renumbers the sections following the new § 33.231 Historic Districts ac- cordingly. Section 6: That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals sub- section (C) of § 33.233 Work Not Requiring a Certificate of Appro- priateness (formerly § 33.232) and enacts a replacement (C) as follows: "Facing the Public Right of Way. Work not facing any public right-of-way shall not require a Certificate of Appropriateness." PASSED and APPROVED on July 18, 2023 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $256.10 July 22, 2023 307429 RECEIVED JUL 2 4,2023 (OF fAY S OFFICE Form v1 28 NW \ media AWEHCO MEOW COMPANY RECEIVED Account#: NWCL5004205 AUG 212023 • Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY OF FAYETTEVILLE IrtTY CLERKS OFFICE Ad number#: 316131 PO#: Matter of ORD 6673 AFFIDAVIT•STATE OF ARKANSAS•COUNTY OF WASHINGTON I,Carla Gardner,do solemnly swear that I am the Finance Director of the Northwest Arkansas Democrat Gazette,a daily newspaper printed and published in said county,State of Arkansas;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6673 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Northwest Arkansas Democrat Gazette for publication the sum of $257.40.(Includes$0.00 Affidavit Charge). NWA Democrat Gazette 08/19/23;NWA nwaonline.com 08/19/23 Finance Director �g�-� ;°„`�� �, '•,, CATHERINE STAGGS Ae� �� .0T.WY •i MY COMMISSION#12402772 EXPIRES:February 28, 2025 .1 ►� '' Washington County NOTARY PUBLIC Ordinance:6673 district regulations are intended File Number: 2023-868 to preserve and protect the his- AMEND CODE OF ORDI- torically or architecturally wor- NANCES§33,ARTICLE X-HIS- thy buildings,structures,sites, TORIC DISTNN COMMISSION:AMEN: monuments tos anda.nneighborhoodszoni RECEIVED AN ORDINANCE TO AMEND of the historic area.In all zoning ARTICLE X HISTORIC DISTRICT districts lying within the bound- COMMISSION IN§33 DEPART- aries of the historic district,the MENTS, BOARDS, COMMIS- regulations for both the zoning AUG 21202� SIGNS,AND AUTHORITIES OF district and the historic district THE FAYETTEVILLE CITY CODE shall be applied. Whenever WHEREAS,the Historic Dis- there is a conflict between the trict Commission began dis- regulations of the zoning district cussing changes to its and the regulations of the his- CITY OF FAYETTEVILLE governing regulations in Febru- toric district overlay zone,the CITY CLERK'S OFFICE ary 2023 in response to feed- more restrictive shall apply." back from the Arkansas Historic Section 5:That the City Coun- Preservation Program as part of cil of the City of Fayetteville, a Certified Local Government Arkansas hereby renumbers the review;and sections following the new§ WHEREAS,Stantec Consulting 33.231 Historic Districts ac- Services also recommended cordingly. that the City should consider an Section 6:That the City Coun- update to the ordinance to clar- cil of the City of Fayetteville, ify the path to create a local his- Arkansas hereby repeals sub- toric district; section(C)of§33.233 Work Not WHEREAS, Historic District Requiring a Certificate of Appro- Commissioners and City staff priateness(formerly§33.232) recommend the approval of and enacts a replacement(C)as these amendments to the City follows: Code. "Facing the Public Right of NOW,THEREFORE,BE IT OR- Way.Work not facing any public DAINED BY THE CITY COUNCIL right-of-way shall not require a OF THE CITY OF FAYEI ItVILLE, Certificate of Appropriateness." ARKANSAS: PASSED and APPROVED on Section 1:That the City Coun- July 18,2023 cil of the City of Fayetteville, Approved: Arkansas hereby amends § Lioneld Jordan,Mayor 33.226 Established by replacing Attest: "Act Number 484 of 1963"with Kara Paxton, "Ark.Code Ann.§14-172-201, City Clerk Treasurer et seq." This publication was paid for Section 2:That the City Coun- by the City Clerk-Treasurer of cil of the City of Fayetteville, the City of Fayetteville, Arkansas hereby amends § Arkansas. 33.227 Membership by adding Amount paid:$257.40 the following language to the August 19,2023 316131 end of the section: "Members should demon- strate an interest in historic preservation,possessing inter- est or expertise in architecture, landscape architecture,history, urban or regional planning, building rehabilitation,real es- tate,law,archeology,or conser- vation." Section 3: That the City Council of the City of Fayet- teville,Arkansas hereby amends §33.229 Powers and Duties by adding the following: "Review and recommend his- torical markers to recognize im- portant places and persons in Fayetteville's history." Section 4:That the City Coun- cil of the City of Fayetteville, Arkansas hereby enacts a new §33.231 Historic Districts as follows: "33.231 Historic Districts (A)The City Council may es- tablish historic districts pur- suant to the provisions of Ark. Code Ann. § 14-172-201, et seq.,as amended. (B) District characteristics. The City Council and the Historic District Commission should consider the following charac- teristics when establishing an historic district to preserve areas of exemplary architec- tural,archaeological,cultural,or historic value: (1)Significance in history,ar- chitecture,archaeology,or cul- ture; (2)Association with certain events that have made a signif- icant contribution to the broad patterns of local,regional,state, or national history; (3)Association with the lives of significant persons in our past; (4)Embodying the distinctive characteristics of an architec- tural or engineering type,pe- riod,or method of construction; (5)Represents the work of a master designer, builder, or craftsman;or (6)Represents an established and familiar visual feature of the community. (C)Relationship to zoning dis- tricts(overlay zone).The historic