The regulations set forth in this article are adopted in accordance with R.I.G.L. 1956, § 45-24.1-1 et seq., entitled "Historic Area Zoning," to safeguard the heritage of the city by preserving its cultural, social, economic and architectural history; foster neighborhood pride; maintain property values; strengthen the local economy through tourism; and promote the use of historic districts for the education, pleasure and welfare of the residents of the city.

(Ch. 413, § I, 1-16-07)

The city shall have the authority, as provided for in the R.I.G.L § 45-24.1-2, to establish, change, layout and define districts which are deemed to be of historical or architectural value in the same manner as cities and towns are presently empowered to establish or change areas and classifications of zoning.

(Ch. 413, § I, 1-16-07)

The following terms have the following respective meanings unless a different meaning clearly appears from the context:

Alteration 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.

Appurtenances 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.

Certificate of appropriateness means a certificate issued by a 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 a historic district. Appropriate for the purposes of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the commission has determined to be historically or architecturally significant.

Construction 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.

Demolition means an act or process that destroys a structure in part or in whole.

Historic district means a specific division of a city or town as designated by ordinance of the city or town pursuant to this chapter. A historic district may include one or more structures.

Rehabilitation means a 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 and structure which are significant to its historic, architectural, and cultural values.

Removal means a relocation of a structure on its site or to another site.

Repair means a change meant to remedy damage or deterioration of a structure or its appurtenances.

Structure means for the purpose of this chapter a building exclusively intended for residential occupancy.

(Ch. 413, § I, 1-16-07; Ch. 729, § I, 11-7-18)

Property owned by the city within the boundaries of the designated historic district shall not be exempt from the provisions of this chapter.

The following properties are deemed as historic districts:

Hunt's Mills Historic District

Map 505, Block 1, Parcel 1

Rumford Historic District (to be protected solely by section 19-493 entitled "Special criteria for demolition and removal")

Map 404, Block 18, Parcel 21.2

Map 501, Block 1, Parcel 1

Map 504, Block 1, Parcels 2, 3, 4, 5, 7, 8, 18, 19, 20, 22, 32, 43, 44, 45, 55, 56, 63, 64, 68, 82, 83, 84 and 96

Map 504, Block 2, Parcels 1 and 7

Map 504, Block 4, Parcels 3 and 5

Map 504, Block 5, Parcels 1, 2, 3, 4, 5, 6, 7, 9, 11, 12 and 13

Map 504, Block 8, Parcel 2

Map 504, Block 9, Parcels 1, 2, 3, 4, 5 and 6

Map 504, Block 10, Parcel 1

Map 504, Block 11, Parcels 1, 2, 3, 4, 5, 6 and 7

Map 504, Block 12, Parcels 1, 2 and 3

Map 504, Block 13, Parcels 1, 2, 3, and 4

Map 504, Block 14, Parcels 1, 34, 35, 36, 37, 45 and 46

Map 504, Block 15, Parcels 1 and 2

Map 504, Block 16, Parcel 1

Map 604, Block 1, Parcels 33, 35 and 36

(Ch. 413, § I, 1-16-07; Ch. 729, § II, 11-7-18)

(a)

The commission shall consist of seven members who are residents of the city who shall be appointed by the mayor, provided that the initial members serve staggered terms. Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The mayor shall have the right to name a council member as an auxiliary member of the commission, to sit as a non-voting eighth member of the commission and the right to designate two ex-officio non-voting members that have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history.

(b)

Appointed members shall serve a period of three years and be eligible for reappointment. If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the original appointing authority to complete the unexpired term of such position.

(c)

The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

(Ch. 413, § I, 1-16-07; Ch. 674, § I, 8-15-17; Ch. 729, § III, 11-7-18; Ch. 877, § XXII, 6-6-23)

(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 the historic district, the owner must apply for and receive a certificate of appropriateness from the commission. The building inspector shall not issue a building permit until the commission has granted a certificate of appropriateness. The owner of the property must obtain a certificate of appropriateness whether or not state law requires a permit from the building inspector.

(b)

Applications for certificates of appropriateness shall be filed with the commission at the department of planning, whose staff shall determine if such application is complete. Once the application has been determined to be complete, it shall be forwarded to the commission along with all maps, plans, and other data provided by the applicant to the commission for their review. The department of planning shall provide to the commission a written opinion stating whether the application meets the standards of review stated in this chapter.

(c)

In applying, the owner must comply with application procedures as established by the commission pursuant to R.I.G.L. 1956, § 45-24.1-1 et seq., and this article. The owner shall submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition, including but not limited to plans, drawings, photographs or any other information set forth in the application procedures.

(d)

All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and bases of each decision on a record, or if the decision is not to issue a certificate of appropriateness, the commission shall include the bases for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenance or the district which the commission has determined to be historically or architecturally significant. The commission shall send a copy of all decisions to the applicant, building inspector, and planning department.

(e)

The commission's secretary shall record minutes of all meetings. The records of the commission shall be available for public inspection in accordance with all applicable federal, state and local laws and regulations at the office of the city clerk.

(f)

Fish passage facilities, accessory structures, and related river modifications associated with the Ten Mile River Fish Restoration Project are exempt from a review by the historic district commission.

(Ch. 413, § I, 1-16-07)

(a)

The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements. In reviewing an application for certificate of appropriateness, the historic district commission shall give consideration to the following:

(1)

The historic and architectural significance of the structure and its appurtenances;

(2)

The historic character and historic ecological features of the surrounding landscape;

(3)

The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district; and

(5)

The appropriateness of the general design, arrangement, texture, materials and siting proposed in the plans.

(6)

The commission shall use as their primary guide the standards contained in the publication "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings", Office of Archeology and Historic Preservation, Heritage Conservation and Recreation Service, U.S. Department of Interior, Washington, D.C., 20240.

(Ch. 413, § I, 1-16-07)

Demolition of historic structures within a designated historic district shall be discouraged. When reviewing an application for removal and demolition of an historic structure or appurtenance, the commission shall consider the following criteria, in addition to adopted standards:

(1)

In the case of an application for construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure, which the commission deems so valuable to the city, state or nation 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;

(2)

The commission shall approve an application for demolition when in the opinion of the fire chief or building inspector that the building constitutes a hazard to public safety;

(3)

Unless the commission votes to issue a certificate of appropriateness for such construction, alteration, repair, removal, and demolition, the commission shall file with the building inspector and director of planning its rejection of such application;

(4)

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;

(5)

In the case of an application for demolition of any structure or a portion of a structure which the HDC has deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the HDC may file with the building inspector and director of planning its certificate of appropriateness for demolition if the HDC finds that any of the following exists:

a.

Preservation of the structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

b.

Preservation of the structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing to preserve the structure;

c.

The preservation of the structure would not be in the interest of the majority of the community.

(6)

When considering an application for demolition or removal of a historic structure, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site;

(7)

In addition to any other criteria, the commission shall 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 and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

(Ch. 413, § I, 1-16-07; Ch. 729, § IV, 11-7-18)

(a)

All meetings of the historic district commission shall be open to the public, and any person or such person's duly constituted representative shall be entitled to appear and be heard on any matter before the commission before its decision is reached.

(b)

The commission shall keep a record, which shall be open to public view in the city clerk's office of its resolutions, proceedings, findings, decisions and actions. The commission shall provide notice of its meetings and shall comply in all respects with the requirements of the open meeting law.

(c)

The commission shall file with the building inspector its certificate of appropriateness or rejection of all plans submitted to it for review. No work shall begin until such certificate has been filed, but in case of rejection, such certificate shall be binding upon the building inspector, and no permit shall be issued in such case.

(d)

The failure of the commission to act within 45 days from the date of an application deemed to be complete by the department of planning shall constitute an approval, unless an extension is agreed upon mutually by the applicant and the commission.

(e)

If the historic district commission makes a finding of fact that the circumstances of a particular application requires further time and information than can be obtained within the period of 45 days, the commission shall have a period of up to 90 days which to act upon such application.

(Ch. 413, § I, 1-16-07)

The historic properties designation and study commission shall be disbanded and dissolved and the functions, duties and authorities of that commission shall be subsumed into the historic district commission. The historic district commission will have the following added responsibilities.

(1)

Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.

(2)

After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.

(3)

Compile and maintain a list of designated historic landmarks.

(4)

Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.

(5)

The commission shall, as deemed appropriate or at the request of the mayor or city council, conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of a historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation.

(Ch. 674, § II, 8-15-17)

Editor's note— Ch. 674, § II, adopted August 15, 2017, in effect, repealed § 19-495 and enacted a new § 19-495 as set out herein. Former § 19-495 pertained to coordinated review process and derived from Ch. 413, adopted January 17, 2007.

Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure within the historic districts, provided that such maintenance or repair does not result in any change of design, type of material or appearance of the structure or its appurtenances, nor shall anything in this article be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building inspector prior to the effective date of the ordinance from which this article derives.

(Ch. 413, § I, 1-16-07)

Any authorized local official or any local building official may bring an action against any property owner who fails to comply with the requirements of insert section number of "powers and procedures of historic district commission". 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 chapter.

(Ch. 413, § I, 1-16-07)

A person jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal the decision to the zoning board of review. When appealing a commission decision, 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 the evidence in the record. The zoning board of review shall put all decisions of appeal 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 jointly or severally aggrieved by a decision of the zoning board of review on a matter of appeal under this article may appeal to the state superior court in the same manner provided in R.I.G.L. 1956, § 45-24-20 and from the superior court to the supreme court by writ of certiorari.

(Ch. 413, § I, 1-16-07)