Cranston City Zoning Code
CHAPTER 17
12 HISTORIC DISTRICTS
§ 17.12.010 Historic districts.
A.
Authority and Purpose.
1.
This section is adopted in accordance with Title 45-24 of the General Laws of Rhode Island, as amended (1988 amendment), which declares the preservation of structures of historic or architectural value to be a public purpose; authorizes historic district zoning and the creation of an historic district commission for preservation purposes in each city and town; provides for definitions of terms used in historical area zoning; and establishes a uniform procedure regarding historical area zoning.
2.
The regulations in this section have been adopted to preserve districts and specific buildings of the city which reflect elements of its cultural, social, economic, political and architectural history. This section is designed to stabilize and improve property values in such historic districts, to preserve specific buildings, to foster civic beauty, to strengthen the local economy and to promote the use of such districts and buildings for the education, pleasure and welfare of the residents of the city; provide where feasible, that in these historic districts housing, including but not limited to, limited equity cooperative housing, be made available to low and/or moderate income residents.
B. "Alteration" "Appurtenances" "Certificates of appropriateness" "Appropriate for the purpose of passing upon an application for a certificate of appropriateness" "Construction" "Demolition" "Historic district" "Major maintenance or repair" "Removal" "Routine maintenance or repair" "Structure"
Definitions. The following terms shall have the following respective meanings:
means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including but not limited to the erection, construction, reconstruction or removal of any structure or appurtenance.
means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including but not limited to paving, doors, windows, signs, materials, decorative accessories, fences and historic landscape features.
means a certificate issued by the Cranston historic district commission, established under this chapter, indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within an historic district.
means not incongruous with those aspects of the structure, appurtenances or the district which the commission has determined to be historically or architecturally significant.
means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes and retaining walls.
means an act or process that destroys a structure or its appurtenances in part or in whole.
means a specific area of the city and the structures therein, as designated by ordinance of the city pursuant to this chapter. An historic district includes one or more structures. Criteria to be employed in the determination of boundary lines and contributing or noncontributing structures shall be those criteria established by the historic district commission and approved by the city council.
means the infrequently required repair to remedy or prevent damage or deterioration of a structure or its appurtenances, including but not limited to, replacement of roofs, windows, porches, shingles, clapboards, shutters, chimneys or any repair that alters the architectural features of a property.
means a relocation of a structure on its site or to another site.
means the care regularly and frequently required to remedy or prevent damage or deterioration of a structure or its appurtenances, including but not limited to sealing of wood or masonry, pointing of brick, painting, weather stripping, storm doors and storm windows, gutters and downspouts. Re-roofing and re-siding shall be considered as routine maintenance or repair if the roof plane is not altered and the new roofing or siding material match the style, type and appearance of the original construction. Any maintenance or repair that alters architectural features of the property shall not be considered as routine maintenance, but rather as a major repair.
means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including but not limited to buildings, gazebos, billboards, outbuildings, decorative and retaining walls and swimming pools.
C.
Designation of Historic Districts.
1.
For the purposes of this section, the boundaries of and properties within any local historic district are established as shown on a map designated as a local historic district map and filed in the office of the city clerk. Such map(s) is/are incorporated as part of this chapter.
2.
It is the intent of this section that historic property owned by the city within the boundaries of designated historic districts as shown on a "historic district map" shall not be exempt from the provisions of this section.
3.
All provisions of this section shall apply to future historic districts which may be created by the city council.
D.
Historic District Commission. There is established a historic district commission to carry out the purposes of this section.
1.
The commission shall consist of seven members, who reside in Cranston and are appointed by the mayor and serve without compensation. Members shall have a demonstrated interest in historic preservation and desirable, hut not required, examples of education or experience qualifications, including American history, architectural history, architecture, archaeology, historic preservation, law, real estate, building or planning, among others. Members shall be appointed for three year terms and appointments shall be staggered so that subsequent appointments shall not reoccur at the same time. Members shall be eligible for reappointment. In the event of a vacancy on the commission, the mayor shall promptly make an interim appointment, within ninety (90) days, for the remainder of the unexpired term. The mayor may name an auxiliary member to the commission in addition to the regular members, which auxiliary member shall sit as an active member at the chairperson's request, when and if a regular member is unable to serve at any commission meeting.
2.
The commission shall organize annually and, by election, shall select from its membership a chairperson, vice chairperson and secretary.
3.
The commission shall:
a.
Compose all rules and regulations necessary to carry out its functions under the provisions of this chapter;
b.
Compose standards of review to inform historic district residents, property owners and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. From time to time these standards may be amended, as reasonably as necessary;
c.
Present the foregoing rules, regulations and standards, including amendments thereto, to the city council for its approval; and
d.
Publish and make available to the public all rules, regulations and standards of review, including amendments thereto, after approval by the Cranston city council.
4.
All meetings of the commission shall be open to the public and any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision. The commission shall comply in all respects with the R.I. Open Meetings Law.
5.
Notice of commission meetings at which an application for a certificate of appropriateness is being considered shall appear in a newspaper with general community circulation at least six days, but no more than fourteen (14) days prior to such meetings. The fee for advertising shall be borne by the applicant and shall be paid at the time of application submittal.
6.
Notice of any other commission meeting shall be prominently posted in at least three locations within city hall, for a period of at least ten ( I 0) days prior to and including the meeting date.
7.
A written record of all commission resolutions, proceedings, findings of fact, decisions and actions shall be on file for public view at the city planning office.
8.
Four members shall constitute a quorum and the concurring vote of not less than four commissioners shall be necessary for either approval or rejection of any official business of the commission.
E.
Powers and Procedures of the Commission.
1.
It shall be the duty of the commission, with the assistance and aid of the city plan commission, to make its recommendations to the city council for the establishment, laying out or defining of districts which are deemed to be of historic or architectural value.
2.
Certificates of Appropriateness.
a.
Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated historic district, the owner must apply for and receive a certificate of appropriateness from the commission approving such construction, alteration, repair, removal or demolition.
b.
In applying for a certificate of appropriateness, a property owner must comply with application procedures as established by the commission pursuant to Chapter 45-24.1 of the General Laws as amended and the provisions of this chapter. A certificate of appropriateness is necessary for all replacement windows, fences, and any other changes to the building which require a building permit, which includes alteration, repair, removal or demolition. Building permit applications for reroofing, which include stripping and/or new shingles which match the existing roof in color, size and material, may be granted a certificate of appropriateness administratively through the planning office. Building permit applications for residing that matches the existing siding in scale, spacing and material, may also be granted a certificate of appropriateness administratively through the planning office. The inspector of buildings shall not issue a building permit until the application has received a certificate of appropriateness.
c.
Applications for certificates of appropriateness shall be filed with the commission at the office of the planning department, which shall determine if such application is complete according to the submission requirements of the commission. Incomplete applications shall be returned to the applicant for completion and resubmission within seven working days of receipt by the city planning department.
d.
The application date shall be that date on which the city planning department has acknowledged receipt of a completed application.
e.
The commission shall require the owner to submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition including but not limited to site plans, elevation drawings, photographs or other information deemed appropriate by the commission which may be specified in their procedures and standards.
3.
In reviewing the applications and plans, the commission shall give consideration to:
a.
The historic and architectural significance of the structure and its appurtenances;
b.
The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district;
c.
The appropriateness of the general compatibility of the design, texture, material, siting and location proposed in the plans. Rejection of plans on the basis of siting or location shall be based only upon:
d.
The commission shall pass only on the exterior features of a structure and its appurtenances and shall not consider interior arrangements.
4.
In the case of an application for construction, repair, alteration, removal or demolition affecting a noncontributing or new structure, the design review guidelines shall specify that the commission shall interpret the guidelines with flexibility, granting a certificate of approval if such construction, repair, alteration, removal or demolition does not destroy significant historical or architectural features and that the design is compatible with the site and environmental setting of the property, neighborhood or district. All buildings, structures, appurtenances and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance than that of the building, structure, appurtenance or site and setting shall be discouraged.
5.
When considering an application to demolish or remove a structure of historic or architectural value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. In addition to any other criteria, the commission shall also consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.
6.
In circumstances where historic district commission review may overlap with historic reviews of the Rhode Island Historic Preservation and Heritage Commission, it shall be the obligation of the historic district commission to arrange a coordinated review process with the state agency. This coordinated review shall be arranged within the time limitations established through the local commission's rules of procedure for their own review of an application. The purpose of the coordinated review shall be to minimize the potential for conflicting opinions on matters related to historic preservation on the part of local and state authorities. The historic district commission shall solicit the written comments of the Rhode Island Historic Preservation Commission.
7.
The following are special considerations regarding valuable historic resources:
a.
In the case of an application for construction, repair, alteration, removal or demolition affecting the exterior appearance of a structure or its appurtenances, which the commission deems so valuable that the loss thereof will be a great loss to the city, state or nation, the commission shall endeavor to work out with the owner, an economically feasible plan for the preservation of such structure.
b.
Unless the commission is satisfied that the retention of such structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure to any purchaser willing to preserve such structure or unless the commission votes to issue a certificate of appropriateness for such construction, alteration and repair, removal and demolition, the commission shall file with the inspector of buildings its rejection of such application and, in the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection.
c.
In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the inspector of buildings its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under the preceding paragraph are in existence or if:
i.
Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
ii.
Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
iii.
The preservation of such structure would not be in the best interest of the majority of the community.
F.
Failure of the Commission to Act. The failure of the commission to act within forty-five (45) days from the date of a completed application filed with it shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the commission. In the event, however, that the commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information that can be obtained within the aforesaid period of forty-five (45) days, then and in said event, the commission shall have a period of up to ninety (90) days within which to act upon such application.
G.
Advisory Role. In order to assist the city, its agencies, boards and commissions, staff, mayor and council on matters of historic preservation, the commission may provide its expertise and advise as appropriate.
H.
Exceptions.
1.
Nothing in this section shall be construed to prevent routine maintenance or repair of any structure within a historic district, provided that such maintenance or repair does not result in any change of design, type of material or appearance of the structure or appurtenance. Nothing in this section shall be interpreted to discourage contemporary building methods and materials or construction techniques that promote energy conservation, provided that such methods, materials or techniques do not alter significant historical or architectural features of the structure or appurtenance. Nothing in this section shall be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building official prior to the passage of this section.
2.
Additionally, the historic district commission shall not regulate or consider the color of paint of any structure or appurtenance, any interior features, barbecues or outdoor detached fireplaces, readily removable exterior features (such as air conditioners, play equipment, lawn furnishings, outbuildings smaller than twenty (20) square feet), storm windows or doors, rear yard decks or patios not visible from the street and decorative vegetation.
I.
Appeals. Any person aggrieved by a decision of the historic district commission shall have the right to appeal such decision to the zoning board of review. When hearing appeals from commission decisions, the zoning board of review shall not substitute its own judgment for that of the commission, but must consider the issue upon the findings and record of the commission. The zoning board of review shall not reverse a commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of evidence in the record. The zoning board of review shall put all decisions on appeals in writing. The zoning board of review shall articulate and explain the reasons and bases of each decision on the record and the zoning board of review shall send a copy of the decision to the applicant and to the historic district commission. Any person aggrieved by a decision of the zoning board of review on a matter appealed under this section may apply to the Superior Court of Rhode Island in the same manner provided in Section 45-24-20 and from the Superior Court to the Supreme Court by the writ of certiorari.
J.
Enforcement. Any duly authorized local official, including but not limited to the inspector of buildings, may bring an action against any property owner who fails to comply with the requirements of this section. Such actions shall be brought in the Superior Court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this section.
K.
Oak Lawn Village Local Historic District.
1.
Oak Lawn Village Local Historic District is designated an historic district, the boundaries of which are shown on the map entitled "Zoning Plat—Oak Lawn Village Local Historic District," and dated July 26, 1982, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk, and shall be delineated as an overlay district on the zoning plat maps 18/2, 18/4 and 21/3, as amended, Cranston, Rhode Island.
2.
After review of applications for certificate of appropriateness from owners of noncontributing residential structures within the Oak Lawn Village Local Historic District built after January 1, 1965 and before the passage of the ordinance codified in this section, the historic district commission recommendations shall be of an advisory nature only and not binding upon the inspector of buildings.
L.
Lippitt Hill School Local Historic District. The former Lippitt Hill School is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat— Lippitt Hill School Local Historic District," and dated July 17, 1995, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 30/4, as amended, Cranston, Rhode Island.
M.
Evangeliste Turgeon House Local Historic District. The Evangeliste Turgeon House is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat 2/2—Evangeliste Turgeon House Local Historic District" and dated July 21, 2005, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 2/2, as amended, city of Cranston, Rhode Island.
N.
The Joy Homestead Local Historic District.
1.
The Joy Homestead is designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat—The Joy Homestead Local Historic District" and dated April 19, 2006, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 12/6, as amended, city of Cranston, Rhode Island.
2.
The Joy Homestead local historic district consists of lot number 3112 in its entirety on the city of Cranston's assessor's map 12/6, as of December 31, 2005.
O.
The Niles Westcott House Local Historic District. The Niles Westcott House is hereby designated an individual Local Historic district, the boundary of which is shown on the map entitled, "Zoning Plat - The Niles Westcott House Local Historic District" and dated January 23, 2009, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 16/1, as amended, city of Cranston, RI.
P.
The James H. Armington House Local Historic District. The James H. Armington House is hereby designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat—The James H. Armington House Local Historic District" and dated October 1, 2011, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the zoning plat map 2/4, lot 3598, as amended, city of Cranston, Rhode Island.
Q.
The Nathan Westcott House Local Historic District. The Nathan Westcott House is hereby designated an individual local historic district, the boundary of which is shown on the map entitled, "Zoning Plat — The Nathan Westcott House Local Historic District" and dated August 9, 2019, which map is incorporated and made a part of this chapter. Said map shall be filed at the office of the city clerk and shall be delineated as an overlay district on the Zoning Plat Map 12/6, as amended, city of Cranston, RI.
(Prior code § 30-4.1; Ord. 05-44 § 1; Ord. 05-54 § 1; Ord. 06-49 §§ 1, 2; Ord. 2009-14, § 1, 3/23/2009; Ord. 2011-43, § 1, 11/28/2011; Ord. 2019-35, § 1, 9/23/2019)