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ORDINANCE NO. 0 00 Q- L{-a
AN ORDINANCE ESTABLISHING PROCEDURES FOR
THE PROTECTION AND PRESERVATION OF THE
CHARACTER OF AND PROPERTIES WITHIN THE
HISTORIC DISTRICT
WHEREAS,the City of Batesville contains unique and valuable historic
properties and neighborhoods worthy of preservation and protection; and
WHEREAS,the establishment of historic districts is in furtherance of the public
interest and welfare to preserve and protect said historic district and the buildings,
structures and surroundings therein; and
WHEREAS, it is hereby found and determined that certain areas and districts
within the City have a special character or special historic or aesthetic interest or value
and represent architectural products of distinct periods in the history of the City, and that
said areas are in danger of having their distinctiveness destroyed without adequate
consideration of the irreplaceable loss of the aesthetic, cultural and historic values
• represented by such areas; therefore the preservation thereof is both feasible and desirable
to the people of this City; and
WHEREAS, Ordinance No. 2007-11-2 creates the Batesville Historic District
Commission to oversee the creation and operation of historic districts within the City of
Batesville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS:
SECTION 1 —PURPOSE: It is hereby declared as a matter of public policy that the
protection, enhancement,perpetuation, and use of such areas,improvements and districts
of special character or special historic or aesthetic interest or value are public necessities
and are required in the interest of the health,prosperity, safety and welfare of the people
of this City.
The purpose of this Ordinance is to:
(a) effect and accomplish the protection, enhancement, and perpetuation of such
areas and improvement of districts which represent or reflect elements of the
City's cultural, social, economic,political, and architectural history;
® (b) safeguard the City's historic, aesthetic and cultural heritage, as embodied
and reflected in such areas;
. (c) stabilize and improve property values in such districts;
(d) foster civic pride in the beauty and accomplishments of the past;
(e) protect and enhance the City's attractions to tourists and visitors;
(f) strengthen the economy of the City; and
(g) promote the use of historic districts and landmarks for the education,
pleasure, and welfare of the people of the City.
SECTION 2—BATESVILLE DOWNTOWN COMMERCIAL HISTORIC
DISTRICT:The Historic District hereby created shall consist of that area of the City
shown on Exhibit 1,which is attached hereto and made a part hereof.
The Downtown Commercial Historic District in Batesville, Arkansas, is described as
follows:
Both sides of Main Street between State Street and Fourth Street and the west side of
Central from Main Street to the railroad tracks,more specifically the following
parcels in the Old Town addition: Block 13, lots 5-10; Block 14, lots 1-5; Block 15,
lots 1-5;Block 16, lots 6-10;Block 17, lots 5-8; Block 18, lots 1-4; Block 19, lots 1-
• 5; Block 20, lots 6-10.
SECTION 3—COMMISSION POWERS: Without limiting the generality of the other
provisions of this Ordinance by reason of the following enumeration, the Historic District
Commission(hereafter referred to as HDC) shall have, in addition to the duties
enumerated in Ordinance No. 2007-11-2 the authority but not be limited to:
(a) adopt and amend design review guidelines to be used when considering
Certificate of Appropriateness applications, such actions always following a
public hearing. These guidelines will be based upon the Secretary of
Interior's Standards for Rehabilitation and adapted specifically to Batesville;
(b) conduct surveys and studies of neighborhoods, areas, places, structures,
objects and improvements within the City of Batesville for the purpose of
determining those of distinctive historic, community, architectural, or
archeological interest or value;
(c) nominate buildings, structures, objects and historic districts to the National
Register of Historic Places;
(d) 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;
• (e) keep a register of all properties and structures that have been designated as
historically significant including all information required for each
designation;
(f) obtain the services of qualified persons to direct, advise and assist the
Historic District Commission;
(g) request and receive any appropriate information, cooperation, assistance or
studies from any City departments,boards, agencies or commissions and
any joint city-county departments,boards, agencies or commissions;
(h) 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;
(i) promote the education and understanding of Batesville's heritage;
(j) hold public hearings to review applications for certificates of
appropriateness;
(k) periodically review the Batesville Zoning Ordinance and recommend to the
• Planning Commission and the City Council any amendments appropriate for
the protection and continued use of property within historic districts;
(1) review and make recommendations to the Planning Commission on all
conditional uses, rezonings, and variances that affect properties within
historic districts;
(m) testify before relevant boards and commissions on any matter affecting
architecturally and/or historically significant properties;
(n) destroy, exchange or otherwise dispose of in accordance with the law, any
materials in its possession, except borrowed materials, which it may find to
be worthless or surplus to its needs;
(o) establish and make reasonable charges for furnishing copies of materials in
its possession or for sales of historic memorabilia or signs;
(p) expend any moneys arising from grants, contributions or gratuities, and
receive bequests or donations of real or personal property and convert into
money any such property which cannot be used in the form received, and
expend the same for any of the functions performable by it;
•
(q) cooperate with the Arkansas Historic Preservation Program, historical
• associations and other non-profit organizations devoted to the history of this
city and state;
(r) take such other action, not inconsistent with law, as it shall deem necessary
in the performance of any of its functions; and
(s) adopt(or amend) its own rules and regulations by a vote of not less than two
thirds of all members present and voting.
SECTION 4—HISTORIC PRESERVATION OFFICER: The Mayor shall designate
and individual to serve as the city's Historic Preservation Officer, who shall keep the
Historic District Commission's records,provide administrative support, and advise the
HDC on matters submitted to it. Said officer may be a current city employee or a
consultant procured for professional services.
In addition to serving as a representative of the HDC,the Historic Preservation Officer is
responsible, along with the HDC Chair or his/her designee, for coordinating the City's
preservation activities with those of state and national agencies and organizations. The
HPO may consult, at his or her discretion,with preservation professionals including, but
not limited to, architects, archeologists, and realtors. In addition,the HPO may, when
necessary and with adequate notice, call special meetings of the HDC.
•
SECTION 5: DEFINITIONS
Unless specifically defined below,words or phrases shall have the same meaning
they have in common usage.
ADAPTIVE USE -Rehabilitation of a historic structure for use other than its original
use such as a residence converted into offices.
ADDITION-New construction added to an existing building or structure.
ALTERATION -Any project involving change of or addition to an existing building.
AREA OF INFLUENCE-The affected area to be notified for a public hearing as
determined by a specific type of construction, alteration,restoration,moving or
demolition as described in the individual categories found in the guidelines for review
adopted by the Historic District Commission.
BUILDING-Any structure having a roof supported by columns or walls for the
housing or enclosure of persons, animals or chattels.
•
CERTIFICATE OF APPROPRIATENESS - A document awarded by the Historic
. District Commission allowing an applicant to proceed with a proposed rehabilitation,
renovation,preservation, alteration,demolition, or new construction in a designated
area or site, following a determination of the proposal's suitability according to
applicable criteria.
CERTIFICATE OF ECONOMIC HARDSHIP -A certificate issued by the Historic
District Commission waiving the requirement for a Certificate of Appropriateness due
to significant financial constraints of the property.
CHARACTER-The qualities and attributes of any structure, site, street or district.
CONTEMPORARY-Reflecting characteristics of the current period. Contemporary
denotes characteristics which illustrate that a building, structure or detail was
constructed in the present or recent past rather than being imitative or reflective of a
historic design.
DETAILING-Architectural aspects that, due to particular treatment,draw attention
to certain parts or features of a building.
DEMOLITION-Any act which destroys in whole or in part a building or structure.
DEMOLITION BY NEGLECT- The destruction of a building or structure through
• abandonment or lack of maintenance.
DESIGN GUIDELINES - Criteria developed by preservation commissions to identify
design concerns in an area and to help property owners ensure that rehabilitation and
new construction respect the character of designated buildings and districts.
ELEMENT-A material part or detail of a site, structure, street, or district.
ENTRANCE AREA- The area of access to the interior of the building including the
design, location, and materials of all porches, stairs, doors,transoms, and sidelights.
EXTERIOR ARCHITECTURAL FEATURES - The architectural style, design and
general arrangement of the exterior of a structure, including the kind and texture of
the building material and the type and style of all windows, doors, light fixtures, signs
and other appurtenant fixtures.
FACADE- A face of a building.
HEIGHT - The vertical distance as measured through the central axis of the building
from the elevation of the lowest finished floor level to the highest point of the
building.
0
HISTORIC DISTRICT- A geographically definable area with a significant
• concentration of buildings, structures, sites, spaces, or objects unified by past events,
physical development, design, setting,materials,workmanship, sense of cohesiveness
or related historical and aesthetic associations. The significance of a district may be
recognized through listing in a local, state, or national register and may be protected
legally through enactment of a local historic district ordinance administered by a
historic district commission.
LANDMARK-A building, structure, object or site which is identified as a historic
resource of particular significance.
MASSING-Volume,magnitude or overall size of a building.
ORDINARY MAINTENANCE -Those improvements which do not change but
simply upgrade a structure.
OWNER OF RECORD -The person, corporation, or other legal entity listed as
owner on the records of Independence County.
PRESERVATION—The maintenance of a property without significant alteration to
its current condition.
PROPORTION -Relationship of height to width of the building outline as well as ,
• individual components.
PUBLIC NOTICE -The classified advertisement of an event, such as a preservation
commission meeting,that is published in the local newspaper and posted in the city
government building in order to notify the general public of the upcoming event.
REHABILITATION—The process of returning a property to a state of utility,
through repair or alteration,which makes possible an efficient contemporary use
while preserving those portions and features of the property which are significant to
its historic, architectural, and cultural values.
RESTORATION—The process of returning a building to its condition at a specific
time period, often to its original condition.
RHYTHM- A harmonious or orderly recurrence of compositional elements at regular
intervals, including the location of doors and the placement of windows,
symmetrically or asymmetrically and their relative proportion.
ROOF AREA-The outside covering of a building or structure extending above the
vertical walls including the form,material, and texture of the roof, including the
slope,pitch, and spacing of roof covering. Roof area also includes but is not limited
to size, design, number, and location of dormers; the design and placement of
® cornices; and the size, design,material, and location of chimneys.
• SCALE-The relative dimension, size, degree or proportion of parts of a building to
one another or group of buildings.
SITING-Location of a building in relationship to the legal boundaries and setbacks,
adjacent properties, and the natural conditions of the site.
STRUCTURE-Any improvement on the land that extends above ground level.
TEXTURE- The visual or tactile surface characteristics created by shape,
arrangement and distribution of the component materials.
WALL AREAS - The vertical architectural member used to define and divide space.
This includes but is not limited to kind,texture,and exposure of wall sidings and
trims and the location, number, and design of all window and door openings.
SECTION 6- CERTIFICATE OF APPROPRIATENESS REQUIRED: No building
or structure, including but not 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 Historic District until after
an application for a Certificate of Appropriateness has been submitted to and approved by
the HDC.
• (a) No building permit or other permit shall be granted for purpose of
constructing or altering exterior, street-side surfaces until an application for
a Certificate of Appropriateness as to the exterior architectural features has
been submitted to and approved by the HDC.
(b) No demolition permit shall be issued without a Certificate of
Appropriateness.
(c) A Certificate of Appropriateness shall be required whether or not a building
permit is required.
(d) In its deliberations under this Ordinance, said HDC shall not consider
interior arrangement or use.
SECTION 7—DETERNIINATION ON AN APPLICATION: Within a reasonable
amount of time,not to exceed thirty (30) days after the filing of an application for a
Certificate of Appropriateness,the HDC shall make a preliminary determination as to the
properties, if any,that will be materially affected by any of the changes proposed in said
application. The HDC shall promptly send by mail, postage prepaid,to the applicant and
to the owners of all such affected properties, a notice of hearing to be held by the 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 Batesville a minimum of fifteen
(15) days prior to the hearing.
• (a) The HDC,at the public hearing, shall hear all persons desiring to present
information regarding the application. The HDC shall act on such
application for Certificate of Appropriateness within a reasonable period of
time. 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. 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) Proposed repairs, alterations, new construction,moving or demolition in the
Historic District shall respect and relate to the special character of the
District. In making its determination,the HDC shall consider without being
limited to the following criteria:
1. The purpose of this Ordinance;
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) The HDC shall encourage proposed changes which reflect the original
design of the structure,based on photographs, written description or other
historical documentation, and shall be guided by the following preferences:
1. It is preferable to preserve by maintenance rather than to repair
original features of the building.
2. It is preferable to repair rather than to reconstruct if possible.
3. It is preferable to restore by reconstruction of original features
rather than to remove or remodel.
4. Contemporary design shall not be excluded from consideration.
(d) When evaluating the general compatibility of alterations to the exterior of
any building in the Historic District, the HDC shall consider,but not be
limited to,the following factors within the building's area of influence:
1. Siting
2. Height
3. Proportion
4. Rhythm
5. Roof area
6. Entrance area
7. Wall areas
• 8. Detailing
9. Facade
10. Scale
11. Massing.
(e) New construction shall be judged on its compatibility with the existing
neighborhood and area of influence.
(fj Additions to existing buildings shall be judged in the same manner as new
construction and shall complement the design of the original building.
(g) 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
HDC and receiving approval in the same manner as provided above.
SECTION 8—DEMOLITION: If the application for a Certificate of Appropriateness
involves the demolition of a building which the HDC initially determines to be an
inappropriate demolition, then the HDC 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. An attempt to find a purchaser for the property who would maintain the
building in a suitable and acceptable manner.
4. The feasibility of moving the building to another appropriate location.
5. Any such other solution as may be deemed advisable and in keeping
with the spirit and intent of this Ordinance.
(a) The owner or other person having legal custody of any building or structure
within a historic district shall keep the structure properly maintained and
repaired in order to prevent demolition by neglect. However, during the
time the HDC is considering any one of the alternatives above,progress
reports shall be made by the HDC and/or its staff at its regularly scheduled
meeting. If, at the expiration of six(6) calendar months from the date of the
first public hearing of an application for demolition,the property owner has
not found a viable alternative to the demolition of the property,the HDC
shall reschedule the matter for public hearing requiring notices as aforesaid,
and upon said public hearing, make its final determination as to the
• application. In such cases,the public hearing for final determination shall
be held within one (1) calendar month after the expiration of the six (6)
• months from the date of the first public hearing; and at the second public
hearing, the HDC may hear such matters as are considered necessary or
desirable to be fully advised of all facts and circumstances pertaining to the
proposed demolition. At the second public hearing, the HDC may
immediately announce its decision or take the matter under advisement to its
next regularly scheduled meeting but in no event longer than two (2)
calendar months after the expiration of the six-month period after the first
public hearing.
SECTION 9—ECONOMIC HARDSHIP: Upon denial of a Certificate of
Appropriateness, a property owner may apply for reconsideration based on economic
hardship. In this case, consideration shall follow Guidelines established by the
Commission.
It shall be the incumbent on the applicant to demonstrate economic hardship to the HDC.
The HDC may request the applicant to produce documentation including,but not limited
to, cost estimates,reports from engineers and architects,market value of the property
before and after proposed renovations, and income realized and/or realizable from the
property.
If the property is a significant historic and community resource,the HDC may invoke up
to a ninety (90)day delay of proposed work. During this period of delay,the applicant,
• with the assistance of the HDC and the HPO, shall investigate the feasibility of the
alternatives, and report his/her findings to the HDC. If the applicant fails such,the HDC
may consider this failure in their deliberations.
The HDC may seek expert testimony on the foregoing and may request the submission of
any other information reasonably considered necessary to determine whether the property
does yield or may yield a reasonable economic return for the owner.
If, after the end of the ninety (90) day delay period, no reasonable alternative plan or use
can be found and there will be no substantial detriment to the Historic District,the
HDC may issue a Certificate of Economic Hardship approving the proposed work. If the
HDC finds otherwise, it shall deny the application for Certificate of Economic Hardship,
and record in its records the reasons therefore.
SECTION 10—DEMOLITION BY NEGLECT
(a) No owner or person with an interest in real property within the 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 Historic District 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) Upon any citizen's complaint, the Historic Preservation Officer's
notification, or upon the Building Official's own initiative and
determination that demolition by neglect is occurring with respect to any
• property in one of the City's historic districts, the Historic Preservation
Officer and Building Official shall conduct a preliminary investigation and
prepare a staff report and notify the HDC Chairperson of the complaint
and report.
(c) If the preliminary investigation does not substantiate the complaint, the
complaint is resolved and no further action will be taken. If the City finds
that the complaint has a basis in fact, it will notify the property owner that
a complaint has been received. The complaint and staff report will be
brought before the Historic District Commission in no fewer than 30 days.
The first letter of notice to the property shall include:
(1) A description of the process;
(2) How the property owner or others having legal possession, custody or
control can resolve the issue immediately, and
(3) Reports documenting the violations.
(d) The Historic Preservation Officer will forward the complaint and staff
report to the HDC at its next regularly scheduled meeting;
(e) The Historic District Commission will review complaints and staff reports
and accept information from 'the owner and other interested persons.
Based on the information received, the' HDC may file a decision. If the
• HDC determines there are specific defects with the subject property it will
notify the Historic Preservation Officer 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;
(f) Whenever a decision of the Historic District Commission is filed with the
Historic Preservation Officer and Building Official, the City shall issue
and cause to be served upon the owner and/or such other person who may
have legal possession, custody, and control thereof, as the same may be
determined by reasonable diligence, a written finding stating that the
Historic District Commission has reason to believe that the property is
undergoing demolition by neglect;
(g) 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 that forty-five (45) days after the serving of such
order;
(h) 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. The
purpose of the hearing is to receive evidence concerning the charge of
demolition by neglect;
(i) If after such finding and hearing, the Historic District Commission
determines that the structure is undergoing demolition by neglect because
it is deteriorating, or if its condition is contributing to deterioration, the
• Historic Preservation Officer shall state in writing the findings of fact in
support of such determination and shall request the City of Batesville to
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.
(j) An approved Certificate of Appropriateness and arrangements to bring the
property into compliance agreed upon by the property owner and/or other
parties in interest, and the Historic District Commission, will stay all
proceedings under these regulations.
(k) Complaints or orders issued by the City of Batesville 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 Historic
Preservation Officer or Building Official in the exercise of reasonable
diligence, and the Historic Preservation Officer and Building Official 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 11-WORK NOT REQUIRING A CERTIFICATE OF
• APPROPRIATENESS -
(a) Nothing in this Ordinance shall be construed to prevent the ordinary
maintenance and/or repair of any exterior architectural feature in the
Historic District which does not involve a change in design, materials, or
outer appearance and includes in-kind replacement or repair. Such
ordinary maintenance will not require a Certificate of Appropriateness.
Work consisting only of a change in exterior paint color shall be
considered ordinary maintenance, as shall the planting or replacement of
grass, shrubs, and trees. The City Building Official and the Historic
Preservation Officer shall be responsible for determining what is ordinary
maintenance in specific cases.
(b) This Ordinance shall not prevent the restoration, rehabilitation,renovation,
preservation, alteration, construction, or demolition of any such feature
that the building inspector or similar agent of the City shall certify is
required for the public safety. In emergency situations,threatening life,
limb or significant property damage, work may be authorized by the City
of Batesville without a Certificate of Appropriateness. Such work shall be
done in accordance with the principles and specific criteria adopted under
this Ordinance. When work is performed by city staff or utility companies
under this emergency clause, the HDC shall be so notified by the next
• business day.
® (c) Any building or demolition permit that has been issued before enactment
of this ordinance but in compliance with which no substantial construction
or demolition has begun shall be null and void upon enactment of this
ordinance, and a new permit shall be requested.
SECTION 12—APPLICABILTY TO CITYAND UTILITIES: Work done by the City
of Batesville and by public utility companies within historic districts shall be subject to
the provisions of this Ordinance. The HDC shall consider these certificates in accordance
with the procedures and standards applicable to individual certificates.
SECTION 13 -APPEALS: The HDC may adopt,within its own rules,procedures for
addressing aggrieved applicants or reconsidering prior decisions. Any applicant still
aggrieved by the determination of the HDC may, within thirty (30) days after the making
of such decision, appeal the determination of the HDC to the Circuit Court of
Independence County,Arkansas.
SECTION 14- ENFORCEMENT: 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 HDC concerning the stop work order within five
(5)business days.
Any person who violates any of the provisions of this Ordinance shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined in accordance with Ordinance
2005-11-1, as amended from time to time.
In addition,the violation of this Ordinance may result in the revocation of any business
and privilege licenses issued by the City of Batesville.
The City Council may, at the request of the HDC, in lieu of or in addition to penalties
provided in this chapter, apply for any appropriate remedy for the purpose of restraining
or abating any violation of this chapter.
SECTION 15—OTHER ORDINANCES: All Ordinances and parts of Ordinances in
conflict herewith are hereby repealed. This Ordinance is amendatory to the Batesville
Municipal Code.
SECTION 16—STATE LAW: It is the legislative intent of the Batesville City Council
to grant to the Batesville Historic District Commission authority to the extent allowed
under the Arkansas Historic Districts Act,Act 484 of 1963 as amended and codified at
Arkansas Code Annotated §14-172-101 et seq. Should Arkansas law hereafter be
® amended,this Ordinance shall conform to state law.
• SECTION 17—SEVERABILITY. Severability is intended throughout and within this
Ordinance. If any provision, including any exception, part,phrase, or term, or the
application thereof to any person or circumstance(s) is held invalid, the application to
other persons or circumstances shall not be affected thereby, and the validity of this
ordinance in any and all respects shall not be affected thereby.
SECTION 18 - EMERGENCY: The City Council has found and determined that the
creation and establishment of a Historic District Commission for the City of Batesville is
essential in order to assure the preservation of historic districts and buildings related to
the history of the City. In consideration of the public interest to be preserved, an
emergency is hereby declared to exist and this Ordinance being necessary for the
immediate preservation of the public peace, health and safety, shall be in full force and
effect immediately from and after the date of its passage.
PASSED on this cQ3 day of , 2009.
ATTEST: APPROVED:
co01
Denise M. Johnston, Citf Clerk Rick Elumbaug M
APPR ED AS TO LEGAL FORM:
Scott Stalker, rty A orne
RECOMMENDATIONS OF THE CITY PLANNING COMMISSION
The City Planning Commission of the City of Batesville, Arkansas, held its monthly
meeting on Monday, March 2, 2009, with Chairman Canna Osborn presiding. Also
present were Secretary Brian Langston, and fellow Commission members Steven Lewis,
Ronnie Hampton, Nina Womack, Mike Fagan and Ken Smith.
Terrell Tebbetts, Chairman of the (BHDC) Batesville Historic District Commission made
a presentation regarding the commission's work in creating a local ordinance to preserve
the visual quality within the Commercial Historic District of Batesville and allow for
future development compatible with the area's historic character. The BHDC has recently
completed Design Guidelines and a Draft Ordinance establishing procedures for the
protection and preservation of the character and properties within Batesville's current
Commercial Historic District. As part of this process, the BHDC is required by state law
to submit their report to the Batesville City Planning Commission for its recommendation
and support.
Commissioner Hampton made motion that the Batesville City Planning Commission
recommend to the City Council of the City of Batesville, Arkansas, approval of the
Proposed Ordinance and all the supporting documents as presented by the Batesville
Historic District Commission. The motion was seconded by Commissioner Fagan and
upon vote of the commission was passed unanimously.
® Therefore, the City Planning Commission of the City of Batesville, Arkansas
recommends to the City Council of the City of Batesville, Arkansas, that appropriate
action be taken by the City Council to carry out the recommendations of the City
Planning Commission in support of this proposed ordinance.
Batesville City Planning Commission
By 0 r-Al" ,— 0
Carma Osborn, Chairman
By
Brian Langston, Secretary
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