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1555ORDINANCE NO, 1555 (#15 - 2016) AN ORDINANCE CREA TING JMC § 226, TO PROVIDE FOR CREA TION OF THE JACKSONVILLE HISTORIC DISTRICT COMMISSION; PROVIDING CERTAIN PROVISIONSAND REQUIREMENTS THEREOF; AND, FOR OTHER PURPOSES. WHEREAS, the City is in need of historical preservation for the older and more historic portions of our town, doing so will assist the Planning Commission in its function and operation, and creation of a Historic District Commission, through the authority and provisions granted through ACA § 14-172-201, et. seq. , will enable the City, any historical society, and/or citizens interested in historic preservation to be eligible for certain state and federal funds and programs to enhance those efforts; and, WHEREAS, after research and review, interested member(s) of the City Council and Staff recommend adoption of the following provisions to the City Code for creation and operation of a Historic District Commission. The Committee recommends that the City Council adopt such modifications after hosting a Public Hearing regarding the matter. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OFJACKSONVILLE, ARKANSAS, THAT: SECTION ONE; IMC § 2.26.010 (CREATION AND PURPOSE) is hereby created and shall read as follows: There is hereby created the Jacksonville Historic District Commission (JHDC) pursuant to the authority contained in ACA § 14-172-201 et. seq., said statutes hereby being adopted and incorporated herein. The purpose of the Jacksonville Historic District 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; ORDINANCE NO, 1555 (#15-2016) Page Two (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. SECTION TWO: JMC § 2.26.020 (MEMBERSHIP AND TERMS OF OFFICE) is hereby created and shall read as follows: The JHDC shall consist of Five (5) members appointed by the Mayor with the advice and consent of the City Council. Members shall be electors of the City holding no salaried or elective municipal office and shall include at least One (1) person who owns property within a proposed historic district. Members shall demonstrate a positive interest in historic preservation, possessing interest or some level of expertise in architecture, history, urban or regional planning, building rehabilitation, real estate, or preservation or conservation in general. A. Members of the JHDC shall be appointed for terms of Three (3) years each and until their successors are appointed and qualified. The appointment shall be arranged so that the term of at least One (1) member shall expire each year. Vacancies shall be filled in the same manner for the balance of the unexpired terms. Members shall serve on the JHDC without compensation. SECTION THREE; JMC § 2.26.030 (OFFICERS AND MEETINGS) is hereby created and shall read as follows: The JHDC shall elect a Chair, Vice -Chair, Secretary, and Recording Secretary annually from its own members and shall meet no less than Four (4) times per year, with meetings called by the Chair and/or the Commission at such times as determined necessary. The JHDC may adopt rules and regulations not inconsistent with the provisions of local, state, and federal law. A simple majority of the JHDC shall constitute a quorum for the transaction of business, and a record of each meeting shall be approved and maintained by the Commission by and through the City Clerk. SECTION FOUR; JMC § 2.26.040 (POWERS AND DUTIES) is hereby created and shall read as follows: A. The JHDC may conduct studies for the identification and designation of historic districts and sites throughout the City. The JHDC may proceed at its own ORDINANCE NO, 1555 (#15-2016) Page Three initiative or upon a petition from any person, group, or association. The JHDC shall maintain records of all studies and inventories for public use. B. The JHDC may make recommendations to the State Historic Preservation Officer for the listing of a historic district or site in the National Register of Historic Places. C. The JHDC will cooperate with the Arkansas Historic Preservation Program (AHPP) and the National Park Service (NPS) in the pursuance of Certified Local Government (CLG) status. D. The JHDC will serve as the official custodian of the City's history and will act as a point of contact for the public and for state and federal agencies in all matters concerning historic preservation within the City. E. The JHDC shall make an investigation and report on the historic significance of buildings, structures, sites, or surroundings included in a proposed historic district and shall transmit copies of its report to the Arkansas Historic Preservation Program (AHPP), a division of the Department of Arkansas Heritage, or its successor agencies, and to the City's Planning Commission for their consideration and recommendation. The AHPP (or applicable state agency) and the Planning Commission shall give their recommendations to the JHDC within Sixty (60) days from the date of receipt of said report. F. Failure by these bodies to make recommendations within the allotted timeframe shall be taken as approval of the report of the JHDC. Recommendations shall be read in full at the required public hearing to be held by the JHDC. G. The JHDC shall hold a public hearing on establishment of a proposed historic district after giving notice of such hearing by publication in a newspaper of general circulation in the City once a week for Three (3) consecutive weeks, the first such publication being at least Twenty (20) days prior to the public hearing. Such notice shall include the time and place of the hearing, specify the purpose, and describe the boundaries of the proposed historic district. H. The JHDC shall submit a final report with its recommendations and a draft of a proposed ordinance to the City Council within Sixty (60) days after the public hearing. The report shall contain the following: (1) A complete description of the area or areas to be included in the proposed historic district, and any single historic district may embrace noncontiguous lands; (2) A map showing the exact boundaries of the area or areas to be included within the proposed district(s); ORDINANCE NO, 1555 (#15-2016) Page Four (3) A proposed ordinance designed to implement the provisions of the Arkansas Historic Districts Act, ACA § 14-172-201 et. seq.; and, (4) Such other matters as the JHDC may deem necessary and advisable, including a statement of purpose and policy. I. The City Council, after reviewing the report of the JHDC, shall take one of the following steps: (1) Accept the report of the JHDC and enact the proposed ordinance therein; (2) Return the report to the JHDC with such amendments and revisions thereto as it may deem advisable, for consideration by the Commission and a further report to City Council within Ninety (90) days of such return; (3) Reject the report of the JHDC, stating its reasons therefor; and/or, (4) Discharge the JHDC. SECTION FIVE: JMC § 2.26.050 (CERTIFICATES OF APPROPRIATENESS) is hereby created and shall read as follows: No qualifying building or structure, which may include but not be limited to, the building or structure itself, 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 a designated 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 JHDC. (1) No building permit or other such 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 JHDC. (2) A Certificate of Appropriateness shall be required whether or not a building permit is required. (3) In its deliberations under this Ordinance, the JHDC shall not consider interior arrangement or usage. SECTION SIX.• JMC § 2.26.055 (WORK NOT REQUIRING A CERTIFICATE OF APPROPRIATENESS) is hereby created and shall read as follows: Nothing in these historic district regulations shall be construed to prevent ordinary maintenance and/or repair of any exterior architectural feature of a property within a designated historic district. ORDINANCE NO. 1555 (#15-2016) Page Five A. These Code provisions shall not prevent the restoration, rehabilitation, renovation, preservation, alteration, construction, or demolition of any such feature that the City shall certify is required for public safety purposes. In emergency situations, threatening life, limb, or significant property damage, work may be conducted without a Certificate of Appropriateness. In as much as possible, such work shall be done in accordance with the principles and specific criteria adopted under this Code. B. Repairs and work not visible from any public right-of-way shall not require a Certificate of Appropriateness. SECTION SEVEN. JMC § 2.26.060 (DEMOLITION) is hereby created and shall read as follows: If an Application for a Certificate of Appropriateness involves demolition of a building which the JHDC initially determines to be an inappropriate demolition, then the JHDC 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; and/or, (3) The feasibility of moving the building to another appropriate location. SECTION EIGHT., JMC § 2.26.062 (ECONOMIC HARDSHIP) is hereby created and shall read as follows: In consideration of circumstances involving Economic Hardship, the JHDC shall consider such to be an owner's inability to see a reasonable return for an investment that will comply with this Code's standards in preservation of the property in question. Evidence of economic hardship will generally be limited to instances when the cost of preservation exceeds the value of the building or where preservation will deprive the owner of reasonable use of the property. An owner's personal financial status is not an issue the JHDC may consider. (A) 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 JHDC. 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. ORDINANCE NO, 1555 (#15-2016) Page Six (1) It shall be incumbent on any applicant to demonstrate economic hardship to the Commission. Applicant(s) for a Certificate of Economic Hardship should submit the following information before the JHDC can make a determination on the application: (a) Estimates of costs of the proposed construction, alteration, demolition, or removal, and an estimate of any additional costs that would be incurred to comply with the recommendations or requirements of the JHDC; (b) A report from a licensed engineer or architect about structural soundness of the building(s) and its/their suitability for rehabilitation; (c) Estimated market value of the property as a whole; (d) An estimate from a licensed architect, licensed contractor, and/or certified appraiser as to the economic feasibility of rehabilitation or reuse of the existing structure(s); (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; (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 Two (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 JHDC 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 JHDC shall review all the evidence and information submitted. The Commission shall make a determination, within Thirty (30) 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. ORDINANCE NO, 1555(#15-2016) Page Seven SECTION NINE.' JMC § 2.26.064 (DEMOLITION BY NEGLECT) is hereby created and shall read as follows: (A) No owner(s) and/or person(s) 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 JHDC, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. (B) 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 designated 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 report will be brought before the JHDC) 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(s) or others having a financial interest, legal possession, custody, or control can resolve the issue immediately, and, (c) Reports documenting the violations. (2) The Code Enforcement Office will forward the complaint and report to the JHDC at its next regularly scheduled meeting after the Thirty (30) days have elapsed. (a) The JHDC will review complaints, such reports, and accept information from the owner and/or other interested persons. Based on the information received, the JHDC may file a decision. If the JHDC determines there are specific defects with the subject property it will notify the Code Enforcement Office 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 JHDC not less than Thirty ORDINANCE NO. 1555 (#15-2016) Page Eight (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 JHDC. The purpose of the hearing is to receive evidence concerning the charge of demolition by neglect; and, (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 Code Enforcement Office 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, the City 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. SECTION TEN; IMC § 2.26.070 (APPEALS) is hereby created and shall read as follows: Any applicant aggrieved by the determination of the JHDC may appeal the determination of the Commission to the Circuit Court of Pulaski County, Arkansas, in accordance with Rule 9 of the Arkansas District Court Rules. SECTION ELEVEN; IMC § 2.26.080 (ENFORCEMENT) is hereby created and shall read as follows: ORDINANCE NO, 1555 (#15-2016) Page Nine (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 JHDC and/or City, the Code Enforcement Office 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 JHDC concerning the Stop Work Order within Five (5) business days. (B) Any person who violates any of the provisions of this Code shall be guilty of a misdemeanor and, upon conviction thereof in the Jacksonville District Court shall be fined Twenty-five ($25.00) to Five Hundred ($500.00) per day after a Thirty (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. SECTION TWELVE; If any court of competent jurisdiction finds that any section, clause, sentence, or phrase of these Code provisions is invalid or unconstitutional, that finding in no way affects the validity of the remaining portions of this Code. SECTION THIRTEEN: Said Ordinance and the changes included herein shall be in full force and effect from and after its passage and approval as provided by and subject to applicable law. APPROVED AND ADOPTED THIS 4" DA Y OFAUGUST, 2016. ORDINANCE NO, 1555 (#15-2016) Page Ten ATTEST.' SUSAN DAVM CITY CLERK