§ 19-62. Certificate of appropriateness, procedures.

(a)

(1)

No building or structure, including stone walls, fences, light fixtures, steps and paving or other appurtenant fixtures shall be erected, altered, restored, moved or demolished within the historic district until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to and approved by the historic district commission pursuant to the requirements and procedures set forth in the Historic Districts Act [A.C.A. § 14-172-201 et seq.] and as further set forth in this section.

(2)

Certificates of appropriateness applied for and issued with reference to signs (including banners) shall comply with the provisions of the RH residential historic zone set forth in Fort Smith Code section 27-416. There is no requirement for application for or issuance of a certificate of appropriateness for decorative or event banners. It shall be unlawful for any person to install or to display an event banner in violation of the following provisions:

a.

Event banners may be displayed only on the outside of buildings and may not obscure windows and doors;

b.

Event banners may not be displayed prior to ten (10) days before the subject event and must be removed within seventy-two (72) hours of completion of the event; and,

c.

Event banners shall not be installed until installer has acquired a sign installation permit from the city building department.

(3)

A certificate of appropriateness is not required for ordinary maintenance of a building or structure within the historic district. Ordinary maintenance is defined as any work that does not constitute or effectuate a change in design, material, color, or outward appearance and is accomplished with in-kind replacement or repair.

(4)

A certificate of appropriateness is not required with reference to landscaping of any building or structure if the subject landscaping work involves only the planting of flowers, the planting of shrubs which will not reach a mature height in excess of three (3) feet, the removal of trees less than twelve (12) inches in diameter (measured as a point four (4) feet above ground level), or the pruning of tree limbs which are less than six (6) inches in diameter at the point of pruning.

(5)

A certificate of appropriateness is not required for the following activities if the property owner has submitted to the administrative staff of the historic district commission the information required to be submitted with an application for a certificate of appropriateness and the administrative staff has approved the proposed activity in writing:

a.

Emergency, temporary maintenance and repair which does not permanently alter the distinctive features of the subject building, structure or property, all required city permits are obtained, and the owner of the property commits to apply for a certificate of appropriateness to make permanent repairs within thirty (30) days of the date on which the administrative staff grants written approval of the emergency, temporary repair;

b.

The installation of HVAC equipment that is located in the rear or on the side of the property and is entirely screened from public view;

c.

The installation of electrical and telephone panels, cable connections, satellite dishes, gas meters, or window air conditioning units that are located on a building's rear facade;

d.

The installation of a roof ventilation device not larger than twelve (12) inches height and located on the rear of the building's roof;

e.

The installation of a privacy fence that is made of wood with flat boards in a single row, no taller than six feet, located in the rear of the property and set back from the building's front facade at least one-half the distance between the front facade and the property's rear property line;

f.

Installation of a picket fence that is made of wood, no taller than three (3) feet, with pickets no wider than four (4) inches and spacing between pickets of not more than three (3) inches, and painted while or neutral color;

g.

Removal of a chain link fence;

h.

Installation of storm windows that match the design, configuration, and color of the existing windows;

i.

Repair and replacement of a sidewalk or driveway on public and private property that does not involve a change in size, material, and location;

j.

The construction, replacement, or repair of a public street or alley; and,

k.

The painting of or installation of shingles on the roof of any building or structure provided the paint colors or shingle color is consistent with the Commission's adopted list of approved paint and shingle colors for use within the historic district.

(b)

Any person desiring the issuance of a certificate of appropriateness shall file with the historic district commission an application containing a description of the work proposed. The description of work proposed shall include:

(1)

Photographs depicting the current location or portion of location subject to the requested certificate of appropriateness;

(2)

A written description identifying the proposed exterior alteration, addition, change, new construction or other proposed work;

(3)

As to alterations and new construction of buildings or structures, scaled drawings, plans and specifications and, for new construction, a proposed site plan depicting lot boundaries and existing and proposed structures;

(4)

Samples of proposed exterior construction materials; and,

(5)

Samples of proposed color scheme, where pertinent.

The administrative staff of the historic district commission may request an applicant to supplement the application with additional material or information reasonably required for historic district commission review of the application.

(c)

All applications received twenty (20) or more days prior to the next regularly scheduled meeting of the historic district commission shall be heard at the next regularly scheduled meeting. All other applications shall be heard at the following month's regularly scheduled meeting. At least fifteen (15) calendar days prior to the meeting of the historic district commission at which the application is considered, the administrative staff of the historic district commission shall cause to be published in a newspaper having a general circulation in the city a notice that a public hearing will be held on the pending application by the historic district commission. In addition, the administrative staff of the commission will cause to be sent to all property owners of property located within one hundred (100) feet of the property lines of the subject property a notice advising that the public hearing on the applied for certificate of appropriateness will be held. Said written notice shall be placed in the United States mail, postage prepaid, at least ten (10) days prior to the hearing.

(d)

On the date established for the public hearing, such public hearing shall be held and the commission shall hear all persons desiring to present information with reference to the application. After such public hearing, the commission shall take the application under consideration and shall make a decision with reference to the application pursuant to the guidelines set forth in A.C.A. §§ 14-172-208 through 14-172-211. In making its determination on the application, the historic district commission will give consideration to the following:

(1)

The guidelines for rehabilitation and new construction for the Belle Grove Historic District as adopted and amended from time to time by the historic district commission and the secretary of interior's standards for rehabilitation;

(2)

As to applications for demolition certificates of appropriateness, the standards for review set forth in section 19-63.

The historic district commission shall approve, approve with modifications, disapprove, or table the application for a specific date for additional consideration. The administrative staff of the historic district commission shall provide written notification of the commission's decision to the applicant within seven (7) calendar days of the determination by the commission.

(e)

Any applicant for a certificate of appropriateness which is denied or approved with modification by the commission may file a request for reconsideration of the commission's decision. The request for rehearing must be filed within thirty (30) calendar days of the date of notification by the commission's administrative staff of the original determination. The written request for rehearing must include new evidence which the applicant proposes for consideration as to which the applicant certifies the applicant's belief the new evidence provides a basis on which the historic district commission should reconsider its prior determination. The request for reconsideration will be heard by the historic district commission at its next regular, voting meeting after which the notice required by the following sentence has been given. Written notice identifying the date of the public meeting of the historic district commission at which the rehearing application will be heard shall be sent to the applicant, any person providing information and/or speaking regarding the same issue at the initial public hearing resulting in the commission's determination, and to each owner of property located within one hundred (100) feet of the subject property. Said notice shall be placed in the United States mail, with postage prepaid, at least ten (10) calendar days prior to the meeting of consideration of the request for reconsideration. After reconsideration, the decision of the historic district commission shall be issued pursuant to subparagraph (d) above and shall not be subject to a further request for reconsideration. Consideration of the rehearing application will require the presence of the applying property owner or the property owner's authorized agent.

(f)

Any person aggrieved by the determination of the commission may within ten (10) days of the date of decision file a written request with the commission that the commission forward to the board of directors a written report summarizing the actions taken by the commission with reference to the application in question. Upon receipt of such a request, the commission shall, within ten (10) days, forward a written report of its actions with reference to the pertinent application to the board of directors. Any applicant aggrieved by the determination of the commission may, within thirty (30) days after the making of such decision, exercise the right of appeal as set forth in A.C.A. § 14-172-212.

(g)

No person shall be granted a building permit or other permit with reference to any structure located within the historic district until compliance is had with the preceding paragraphs of this section.

(h)

A certificate of appropriateness issued by the historic district commission shall become void unless work pursuant to the certificate of appropriateness is commenced within one (1) year of the date of issuance of the certificate of appropriateness, unless the historic district commission grants an extension to the certificate based on abnormal weather conditions or other circumstances beyond the control of the applicant which have been shown to delay the approved work.

(Ord. No. 3359, § 2, 7-6-76; Ord. No. 3193, § 2, 9-3-74; Ord. No. 3695, § 1, 10-23-79; Ord. No. 3748, § 1, 6-17-80; Ord. No. 53-07, §§ 2—8, 8-7-07; Ord. No. 17-12, §§ 1—3, 2-21-12)

State law reference

Certificates of appropriateness, A.C.A. § 14-172-208 et seq.