ORD NO 07-1977 ORDINANCE NO. 7-1
AN ORDINANCE ESTABLISHING A HISTORIC DISTRICT AND ESTABLISHING PROCEDURES FOR THE ISSUANCE
OF CERTIFICATES OF APPROPRIATNESS REQUIRED WITH REFERENCE TO CONSTRUCTION ACTIVITIES
ON STURCTURES LOCATED IN THE HISTORIC DISTRICT AND FOR OTHER ?IMPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: The following described tract of real property located in the City of
Van Buren, Arkansas, is hereby established as a historic district, pursuant to the
provisions, of Act 484 of the 1963 Acts of Arkansas, said tract of real property
being described as follows, to -wit:
All that part of Block 1, Drennen Addition of the City of Van Buren, Arkansas,
lying south and east of the railroad right -of -way, and
All that part of Block 42, lying south and east of the railroad right -of -way,
Lots 12 thru 16, Block 43, Lots 9 thru 16,Block 28, Lots 1 thru 8, Block 27,
Lots 9 thru 16, Block 26, Lots 1 thru 6, Block 22, Lots 7 thru 12, Block 23, all
of Block 18, Lots 7 thru 16, Block 17, Lots 1 thru 8, Block 13, and Public Square,
Lots 3 thru 8, Block 8, Lots 9 and 10, Block 7, all in the Original Town of
Van Buren, Arkansas,
Property beginning at a point where the southeasterly edge of the Broadway Street
right -of -way extended intersects with the Arkansas River's edge thence in
a northwesterly direction along the hank of the Arkansas River to the intersection
of the river with the northwesterly edge of the right -of -way of Washington Street
extended, thence northeasterly along said Washington Street right -of -way to Front
Street; thence southeasterly along Front Street to the southeastern edge of the
right -of -way of Broadway; thence southwesterly along said right -of -way to the
point of beginning,
And a sixty (60) feet Main Street right -of -way beginning at the northwest corner
of Lot 10, Block 7, of the Original Town of Van Buren, westerly to the sea wall,
And Main Street right -of -way and all other street and alley rights -of -way,
adjoining all above described property.
II
SECTION 2: (a) 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 established by Section 1
until after an application for a certificate of appropriateness as to exterior
architectural features has been submitted to and approved by the Van Buren Historic
District Commission pursuant to the requirements and procedures set forth in Act 484 of the
1963 Acts of Arkansas and as further set forth in this Ordinance.
(b) Any person desiring such certificate of appropriateness shall file with the
O Historic District Commission at least 20 days prior to the next regular meeting of the
Commission an application therefor, which application shall contain the following
information:
For Existing Buildings:
Accurate sketch, photograph, or drawing of four (4) elevations showing
existing appearance; plus sketch or drawing of any proposed physical changes.
Description of materials to be used and colors of all materials plus the
overall color scheme including but not limited to: foundation, walls, trim,
windows, doors, roof, chimneys and any other exterior surface or detail.
For New Construction:
Accurate drawing of four (4) elevations showing proposed appearance and its
relationship to adjacent and nearby buildings.
Description of materials and colors to be used including all exterior surfaces
and details.
And shall include also a Five Dollar ($5.00) Deposit to cover cost for Notice publications
(c) Upon receipt of an application containing the information required in subparagraph (b)
above, the Commission shall determine the properties to be materially affected by such
application, which properties shall include as a minimum all properties located
adjacent to the tract for which the certificate is applied, and shall forthwith send
by mail, postage prepaid, to the applicant and to the owners of all such affected
properties a notice of a hearing to be held by the Commission on said application.
Said notices of such hearing shall be mailed at least 10 days prior to the hearing,
and a notice of such hearing shall be run at least one time in a newspaper having
circulation throughout the City of Van Buren at least 10 days prior to the hearing.
The cost of such notices shall be paid by the applicant.
(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 decision with reference to the application
pursuant to the guidelines set forth in Sections 5, 6, 7 and 8 of Act 484 of the 1963 Acts
of Arkansas within. 31 days of said public hearing. If the Commission has rendered
no decision on the application within such period of time, the applicant may consider
his application as having been granted and may make application to the appropriate City
Officials for any building permit or other permit required for such construction activity
proposed.
(e) No person shall be granted a building permit or other permit by the City with reference
to any structure located within the historic district until compliance is had with
the preceding paragraphs of this Section.
SECTION 3: The Historic District Commission shall establish a date and time for and
shall hold at least one regular meeting in each calendar month of the year, and which
meeting shall be an open, public meeting except with reference to discussions of those
matters which are permitted to be discussed in executive session by the laws of the
State of Arkansas.
SECTION 4: All Ordinances and parts -of Ordinances in conflict herewith are hereby repealed.
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SECTION 5: Severability. The individual provisions and sections of this Ordinance are
hereby declared to be severable so that the decision by any court of competent
jurisdiction that any provision contained herein, or the application of any provision
contained herein, is unconstitutional, illegal or otherwise invalid shall not affect
the constitutionality, legality or validity of the remaining provisions of the ordinance
or other applications thereof.
SECTION 6: This ordinance being necessary to the continued development of the
Historic District, an emergency is declared to exist and this ordinance shall be in
%Lull force from the date of its approval.
PASSED AND APPROVED THIS 9th day of May 1977
Mayor
ATTEST:
.a„ -ti
City Clerk