It is the intent of this chapter to provide for the retention, enhancement, and stabilization of Newport's historic stone walls within the city limits, which are important cultural resources contributing to the aesthetic character of the city. It is not the intent of this chapter to deprive a citizen use of their property, detract from that property's value or cause financial hardship.

(Ord. No. 2014-020, § 1, 8-27-2014)

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

"Historic stone wall" means a human-made linear or curvilinear structure, freestanding or semi-attached to another structure, comprised primarily of aligned, stacked, and/or cemented natural stone, originally constructed in the 17th, 18th, 19th, or early 20th centuries, to designate a property boundary or to segregate activities within a single property.

(Ord. No. 2014-020, § 1, 8-27-2014)

A.

Alteration or removal of historic stone walls located within a designated historic district shall require prior review and approval from the historic district commission. Alteration or removal of historic stone walls not located within a designated historic district shall require prior review and approval from the planning board. After commission board approval is granted to alter or remove an historic stone wall, the applicant shall obtain any further approvals required by law from the building official, if applicable, prior to work commencing.

B.

Building and site improvements shall be designed to avoid impacts to historic stone walls to the greatest extent feasible while allowing for reasonable use of property. Special consideration shall be given to the preservation of historic stone walls flanking or abutting city and state roads, demarcating historic burial grounds, and/or contributing to the character of a historic structure or site.

C.

Alteration to a historic stone wall shall be designed in a way that requires minimal changes to the design, materials, and construction methods that characterize the wall, which may include but not be limited to: coursing, stone type, joint width, stacking pattern, cementation, height, thickness, vertical angle/profile, footprint, end treatments, and pattern of breaks or openings. Alterations shall ensure the structural stability of the wall is maintained.

D.

Relocation or partial relocation of a historic stone wall shall be preferable to removal. Relocation or partial relocation of a historic stone wall shall reuse to the greatest extent feasible existing materials, features, and elements that characterize the wall, and shall replace in kind those materials, features, and elements that are necessary to be removed, in order to protect the historic integrity of the wall.

E.

An existing state of disrepair, in and of itself, shall not be justification to remove a historic stone wall. An historic stone wall in disrepair shall remain as is in its existing condition and location, or shall be repaired, stabilized, and/or treated according to the general provisions of this chapter.

F.

In addition to the review standards contained in this chapter, historic stone walls located within a designated historic district shall be subject to the review standards provided for in Chapter 17.80.

G.

Any appeal of a decision from the historic district commission or planning board denying an application to alter or remove a historic stone wall shall follow the procedures established for those bodies for appeals to the zoning board of review.

(Ord. No. 2014-020, § 1, 8-27-2014)

Any person violating the provisions of this chapter shall be subject to the penalties provided for in Section 17.112.080.

(Ord. No. 2014-020, § 1, 8-27-2014)

Nothing in this chapter shall be construed to restrict, amend, repeal, or otherwise limit the application or enforcement of the zoning ordinance.

(Ord. No. 2014-020, § 1, 8-27-2014)