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;
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(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
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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);
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(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.
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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.
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(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.
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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
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(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:
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(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.
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ATTEST.'
SUSAN DAVM CITY CLERK