The regulations set forth in this article are adopted in accordance with RIGL 1956, § 45-24.1-1 et seq., entitled "Historic Area Zoning," to safeguard the heritage of the town by preserving districts which reflect elements of its cultural, social, economic and political and architectural history; foster civic beauty; strengthen the local economy; and promote the use of historic districts for the education, pleasure and welfare of the citizens of the town.

(Ord. No. 90-6, § 1, 4-23-1990)

(a)

For the purpose of this article, the boundaries of historic districts are established as shown on the map entitled "Historic District Map," filed at the office of the town clerk. Such map is made part of this article.

(b)

That portion of a parcel of land known as B.O.R. South Parcel, deeded to the town by the United States of America, Bureau of Outdoor Recreation, recorded in the town land evidence records, book 271, page 275, within 200 feet of the northerly boundary of West Main Street, so called, bounded easterly in part by Green Street, and land now or formerly of Stanford E. et ux Paula Cashdollar, lot #26, and Charles et ux Carol D. Kaufman, lot #25, assessor's plat 118, and westerly by the easterly boundary of assessor's plat 118, lot #34, now or formerly of Residential Mortgage Corporation, which is shown on a map entitled "Historic District Map," filed in the office of the town clerk, with such map, as amended, is made a part of this article.

(c)

Assessor plat 117, lot 277.

(Ord. No. 90-6, § 1, 4-23-1990; Ord. No. 02-20, § 13, 11-18-2002)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 the historic district commission 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 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 appurtenances to a structure, including but not limited to buildings, extensions, outbuildings, fire escapes and retaining walls.

Demolition means an act or purpose of destroying a structure or its appurtenances in part or in whole.

Historic district means a specific division of the town as designated by section 21-332. A historic district may include one or more structures.

New construction means any new structure and/or substantial alteration or addition to an existing structure affecting the exterior appearance of the structure.

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

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

Structure 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 retaining walls and swimming pools.

(Ord. No. 90-6, § 1, 4-23-1990)

Cross reference— Definitions generally, § 1-2.

(a)

Established. In order to carry out the purposes of this article, there is established a historic district commission.

(b)

Membership and appointment. The commission shall consist of five qualified members, all of whom shall be residents of the town, not less then two of whom shall be residents of the historic district. The membership of the commission may increase as new historic zoning districts are added in order to allow for representation by the new districts. The membership of the commission shall not exceed seven members. The town shall have the right to name an auxiliary member of the commission appointed in addition to the regular members of the commission. The auxiliary member shall sit as an active member upon the request of the chair when and if a regular member of the commission is unable to serve at any meeting of the commission. Appointed members of the commission shall be eligible for reappointment and upon the expiration of such members' term shall continue to serve until replaced. If a vacancy occurs on the commission, interim appointments of appointed members may be made by the town council to complete the unexpired term of such position. Duly organized and existing preservation societies may present a list of qualified citizens to the town council from which list the town council may select members.

(c)

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

(d)

Terms of membership. Members shall be appointed for staggered terms of three years.

(Ord. No. 90-6, § 1, 4-23-1990)

(a)

The historic district commission shall, within 12 months of the date the historical zoning takes effect:

(1)

Adopt and publish all rules and regulations necessary to carry out its function under this article; provided, however, any such rules and regulations shall be approved by the town council; and

(2)

Publish such standards as necessary 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. The commission may amend these standards as reasonably necessary, and it shall publish all amendments.

(b)

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. In applying, the owner must comply with application procedures as established by the commission pursuant to RIGL 1956, § 45-24.1-1 et seq., and this article. 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 plans, drawings, photographs or any other information set forth in the application procedures. The owner of the property must obtain a certificate of appropriateness for the project, whether or not state law requires a permit from the building inspector. The building inspector shall not issue a permit until the commission has granted a certificate of appropriateness.

(c)

In reviewing plans, the historic district commission shall give consideration to the following:

(1)

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

(2)

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

(3)

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

The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

(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 compliance, 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 that commission has determined to be historically or architecturally significant. The commission shall send a copy of the decision to the applicant.

(e)

If an application is submitted for construction, repair, alteration, removal or demolition affecting the exterior appearance of a structure or its appurtenances which the commission deems so valuable to the town, state or nation that the loss thereof will be a great loss to the town, state or nation, the commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure. 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 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 proposed construction, alteration, removal or demolition, the commission shall file with the building inspector its rejection of such application.

(f)

If any structure is deemed so valuable for the period of architecture it represents and important to the neighborhood within which it exists, the commission may file with the building inspector its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under subsection (e) of this section are in existence or if:

(1)

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

(2)

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

(3)

Preservation of such structure would not be in the interest of the majority of the community.

(g)

When considering an application to demolish or remove a structure of historic value, the commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure in its present site. In addition to any other criteria, the commission also 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, bona fide and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

(h)

In circumstances where historic district commission review may overlap with historic reviews of the state historic preservation 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 its 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 the local and state authorities. The historic district commission shall solicit the written comments of the state historic preservation commission.

(Ord. No. 90-6, § 1, 4-23-1990)

(a)

Meetings. 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. The commission shall keep a record, which shall be open to public view in the town clerk's office and a copy shall be kept in the department of planning and development, 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.

(b)

Actions. 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 shall have 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. The failure of the commission to act within 45 days from the date of application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval. If, however, the historic district commission shall make 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 within which to act upon such application.

(Ord. No. 90-6, § 1, 4-23-1990)

State Law reference— Open meetings law, RIGL 1956, § 42-46-1 et seq.

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.

(Ord. No. 90-6, § 1, 4-23-1990)

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 from 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 on 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 RIGL 1956, § 45-24-20 and from the superior court to the supreme court by writ of certiorari.

(Ord. No. 90-6, § 1, 4-23-1990)

The building inspector may bring an action against any property owner who fails to comply with the requirements of this article. Such action shall be brought to 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 article.

(Ord. No. 90-6, § 1, 4-23-1990)

(a)

The tax assessor shall cause to be inserted on all assessor's cards in the historic district a statement that the particular parcel is located in a historic district and is subject to the rules and regulations of the historic district commission.

(b)

The recorder of deeds shall cause a notation in the land evidence records on each parcel under the name of the present owner that the parcel is located in a historic district and is subject to the rules and regulations of the historic district commission.

(Ord. No. 90-6, § 1, 4-23-1990)

(a)

The town council in consultation with the historic district commission may identify structures of historical or architectural value whose deteriorated physical condition endangers the preservation of the structure or its appurtenances. The council shall publish standards for maintenance of properties within historic districts. Upon the petition of the historic district commission that a historic structure is so deteriorated that its preservation is endangered, the council may establish a reasonable time not less than 30 days within which the owner must begin repairs. If the owner has not begun repairs within the allowed time, the council shall hold a hearing at which the owner may appear and state his or her reasons for not commencing repairs. If the owner does not appear at the hearing or does not comply with the council's orders, the council may cause the required repairs to be made at the expense of the city or town and cause a lien to be placed against the property for repayment.

(b)

For the purpose of this section, property owners shall be required to maintain structures on their property in accordance with the maintenance provisions set forth in RIGL Title 23, Chapter 27.3, State Building Code and Title 45, Chapter 24.3, Housing Maintenance and Occupancy Code.

(Ord. No. 02-14, § 7, 10-7-2002; Ord. No. 03-8, § 11, 6-9-2003)