Pawtucket City Zoning Code
ARTICLE V
Historic Districts
§ 410-30 Purpose and objectives.
A.
The City of Pawtucket, Rhode Island hereby declares the establishment of an Historic District Commission to be a public purpose which is in the interest of health, safety and general welfare of the people of Pawtucket and the overall betterment of the community.
B.
This Article is intended to accomplish the following objectives:
(1)
Safeguard the heritage of the City by preserving individual structures and historic districts in the City that reflect the special elements of Pawtucket's cultural, social, economic, political, and architectural history.
(2)
Maintain property values in such historic districts.
(3)
Foster neighborhood pride and appeal to families who desire to live in an orderly urban environment.
(4)
Strengthen the local economy through tourism.
(5)
Promote the use of and growth of historic districts for the education, pleasure and welfare of the citizens of Pawtucket.
§ 410-31 Power and authority.
The City of Pawtucket 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.
§ 410-32 Definitions.
[Amended 12-20-2023 by Ch. No. 3287]
As used in this article, the following terms shall have the following respective meanings unless a different meaning clearly appears from the context:
ALTERATION
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
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
A certificate issued by the Historic District Commission established under this Article indicating approval of plans for alteration, construction, repair, removal or demolition of a structure or appurtenances of a structure within an 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.
CITY
The City of Pawtucket, Rhode Island.
COMMISSION
The Historic District Commission of the City.
CONSTRUCTION
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
An act or process that destroys a structure or its appurtenances in part or in whole.
HISTORIC DISTRICT
A specific geographic area of a City or town as designated by ordinance of the City or town pursuant to Chapter 45-24.1. of the Rhode Island General Laws. An "historic district" may include one or more structures.
REHABILITATION
The 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 which are significant to its historic, architectural and cultural values.
REMOVAL
A relocation of a structure on its present site or to another site.
REPAIR
A change meant to remedy damage or deterioration of a structure or its appurtenances.
STRUCTURE
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.
§ 410-33 Designation of Historic Districts.
A.
For the purposes of this chapter, the boundaries of Historic Districts shall be identified by ordinance and shown on maps entitled "City of Pawtucket Zoning Map," which is filed in the office of the City Clerk. Historic districts and individual structures will be delineated on the City of Pawtucket official Zoning Maps.
B.
Historic property owned by the City of Pawtucket within the boundaries of designated Historic Districts shall not be exempt from the provisions of this chapter.
§ 410-34 Historic District Commission.
A.
Establishment. Subject to the Rhode Island General Acts and Procedures prescribed hereunder, there is hereby created an Historic District Commission, hereafter called the "Commission," to carry out the purposes of this chapter.
B.
Appointment. The Commission shall consist of seven members, residents of the City of Pawtucket, to be appointed by the Mayor of Pawtucket and confirmed by the City Council of Pawtucket. Members shall be appointed for a term of three years, except that the initial appointment of two members shall be for one year, two members for two years and three members for three years. Members may be eligible for reappointment. No more than two members of the Commission shall reside in or own property in the same National Register Historic District.
[Amended 10-23-1997 by Ch. No. 2470]
C.
Auxiliary member. The Mayor of the City of Pawtucket, subject to the approval of the City Council, shall have the right to name an additional or eighth member of the Historic District Commission of the City to sit as an active member upon the request of the Chairperson of the Commission, when and if a member of the Commission is unable to serve at any meetings or hearings.
D.
Qualifications. Members of the Commission shall have a demonstrated interest in either historic preservation, architectural history, planning, archaeology, historic construction, neighborhood improvement, architecture or local history, with no fewer than three members having expertise in one of these areas. Duly organized and existing preservation and neighborhood organizations may present to the appointing authority a list of qualified citizens from which list the appointing authority may select members.
E.
Organization. The Commission shall organize annually and by election shall select from its membership a Chairperson, Vice Chairperson and Secretary and shall adopt rules of procedure deemed necessary in discharging its duties. The Commission shall meet no fewer than four times a year.
F.
Transaction of business. The meetings of the Commission shall be open to the public. Any person or his or her duly constituted representative shall be entitled to appear and be heard on any matter before the Commission reaches a decision.
G.
Keeping of records. The Commission shall appoint a Secretary who shall record the minutes of the meeting. 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 offices of the Department of Planning and Redevelopment and at the City Clerk's office. Technical assistance to the Commission shall be provided, as requested, from the City Department of Planning and Redevelopment.
§ 410-35 Criteria for designation of Historic Districts.
A.
Surveys. The Historic District Commission may undertake studies and surveys to identify and evaluate historic properties in the City of Pawtucket to identify neighborhoods, areas, sites, structures and objects that have historic, community, architectural or aesthetic importance, interest or value. As part of the survey, the District Commission shall review and evaluate any prior surveys and studies of any unit of government or private organization.
B.
Criteria for consideration of nomination.
(1)
The Historic District Commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property, structure or area meets one or more of the following criteria:
(a)
Its character, interest or value as part of the development, heritage or cultural characteristics of the nation, state or City.
(b)
Its location as a site of a significant local, county, state or national event.
(c)
Its identification with a person or persons who significantly contributed to the development of the nation, state or City.
(d)
Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials.
(e)
Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community or state.
(f)
Its embodiment of elements of design, detailing, materials or craftsmanship that render it architecturally significant.
(g)
Its embodiment of design elements that make it structurally or architecturally innovative.
(h)
Its unique location or singular physical characteristics that make it an established or familiar visual feature.
(i)
Its character as a fine or unique example of a utilitarian structure, including but not limited to commercial structures, with a high level of integrity or architectural significance.
(j)
Its suitability for preservation or restoration.
(2)
Any structure, property or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration.
C.
Nomination of Historic Districts. Nominations for Historic Districts shall be completed by the applicant on a Commission Property Nomination Form and may be submitted by the Historic District Commission, a property owner of record, the City Council or any other person or organization.
D.
Notification and public hearing. The Pawtucket Historic District Commission shall schedule a public hearing on all districts whose nomination form is completed in proper form. Notice of the date, time, place and purpose of the public hearing shall be sent to the owner of record and the nominating person or organization at least seven days prior to the date of the hearing.
E.
Historic District Commission procedure. The Historic District Commission shall, within 60 days after the public hearing, adopt by resolution a recommendation that the nominated structure or Historic District does meet the criteria for designation in Subsection B of this section. Nominated properties shall have a letter of consent from the owner or trustee on file with the Commission. The resolution shall be accompanied by a report to the City Council and City Planning Commission containing the rationale for approving any nomination.
[Amended 10-23-1997 by Ch. No. 2470]
§ 410-36 Powers and procedures.
A.
Reviewable actions. The Historic District Commission shall review all plans for new construction on any existing lot or lots, including any construction, alteration, removal or demolition of a structure affecting the exterior appearance of any designated structure within an Historic District. The Historic District Commission shall have the power to review and approve such plans before a building or demolition permit is issued.
[Amended 9-9-2010 by Ch. No. 2947]
B.
General procedures.
(1)
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.
(2)
A certificate of appropriateness is necessary for all window replacements and all construction, alteration, repair, removal or demolition requiring a building permit. The Director may not issue a building permit until the Commission has issued a certificate of appropriateness.
[Amended 8-25-2004 by Ch. No. 2739]
(3)
In applying for a certificate of appropriateness, a property owner must comply with the 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.
C.
Application for certificate of appropriateness.
(1)
Applications for certificates of appropriateness shall be filed with the Commission at the Department of Planning and Redevelopment, whose staff shall determine if such application is complete and who shall forward complete applications, together with all maps, plans and other data to the Commission for review. Incomplete applications shall be returned to the applicant within seven working days of receipt of the Department of Planning and Redevelopment.
(2)
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 as set forth in the Commission's rules and regulations.
D.
Commission's review of applications.
(1)
In reviewing applications and plans, the Commission shall give consideration to:
(a)
The historical 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 design, arrangement, texture, material and siting proposed in the plans.
(2)
The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.
(3)
The Commission shall use the standards contained in the publication Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the Secretary of the Interior as its primary guide.
(4)
All decisions of the Commission shall be in writing. The Commission shall articulate and explain the reasons and basis of each decision on record and, in the case of a decision not to issue a certificate of appropriateness, the Commission shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances or the district which the Commission has determined to be historically or architecturally significant. The Commission shall send a copy of the decision to the applicant.
§ 410-37 Demolition and removal of structures.
[Amended 9-9-2010 by Ch. No. 2947]
A.
Demolition is defined in the chapter as "the act of pulling down, destroying, removing or razing a building or commencing the work of total or substantial destruction with the intent of completing the same." In addition to complete demolition of a building, the following actions may require a demolition permit.
(1)
Removal of a roof (for example, raising the overall height of a roof, rebuilding the roof to a different pitch, or adding another story to a building);
(2)
Removal of one side of a building;
(3)
Gutting of a building's interior to the point where exterior features (windows, etc.) are impacted; and
(4)
Removal of more than 25% of a structure.
B.
In order to preserve the historic fabric of the City, demolition of historic properties shall be discouraged. When reviewing an application for a certificate of appropriateness to demolish an historic structure or appurtenance, the HDC shall consider the following criteria, in addition to the provisions of the adopted Standards and Guidelines.
(1)
A "significant historic building" is one that is at least 50 years old and is listed on the National Register of Historic Places, or is eligible for listing on the National Register of Historic Places, or is a designated landmark, or is in the local historic district, or is determined by a majority of the Commission to be "importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the City or the state, or historically or architecturally significant (in terms of period, style, method of building construction or association with a famous architect or builder) either by itself or in the context of a group of buildings." A determination that a significant building is "preferably preserved" (relative to the proposed replacement structure) is made if a majority of the Commission finds that it is in the public interest that the building should be preserved.
(2)
In the case of an application for removal or demolition affecting the exterior appearance of a structure or its appurtenances, the Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure.
C.
When considering an application to demolish or remove a significant historic building, the Commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site.
D.
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.
E.
Procedure.
(1)
Within seven days of receipt of a certificate of appropriateness application for demolition for a building or structure which is 50 years or older, the Director shall forward a copy of this application to the Commission. No demolition permit should be issued at that time, and no demolition may occur.
(2)
Application requirements for Commission review of proposed demolition: A completed certificate of appropriateness application and demolition permit application shall be submitted to the Historic District Commission (HDC). Application forms can be obtained from the Zoning and Code Enforcement and Department of Planning offices. The application forms must be signed by the record owner and must be accompanied by a site plan that indicates the location of the structure and the extent of demolition. (Information about the contractor and disposal of debris need not be provided in order to initiate HDC review, though the information will be required by Zoning before a demolition permit will be issued). Upon receipt of a completed application, the HDC staff will make an initial determination of significance and, if necessary, schedule the case for the next available HDC meeting.
(a)
An application that requires review by the Historic District Commission must be accompanied by six sets of the following supplemental materials:
[1]
Dimensioned engineered site plan of existing conditions and of the proposed replacement project. The site plan should indicate the relationship to the surrounding structures and properties.
[2]
Schematic elevation drawings of the existing building and the proposed replacement project (can be indicated on the same drawing). Dimensions and construction materials should be indicated. Elevations that demonstrate the relationship to neighboring structures are preferred. (This requirement may be waived at the discretion of the Director).
[3]
Any application for a project that also requires zoning relief (variance or special permit) must include the Zoning Board of Appeals application.
(b)
The following additional materials may be submitted with the application, but are not required to complete the application:
[1]
Engineer's report or other report on the condition of the structure.
(c)
Supplemental application materials should not exceed 11 inches by 17 inches in size. The Historic Commission does not charge an application fee, but we do require that six copies of the supplemental materials be submitted with the application
(3)
Within 30 days from the Commission's receipt of a complete demolition permit application, the Commission shall determine whether the structure is a significant historic structure. If the Commission determines the building or structure is not considered significant, the Commission shall so notify the Director in writing and the Building Commissioner may issue a demolition permit. If the building or structure is determined to be significant, the Commission shall so notify the owner and the Director in writing, and the Director shall not issue a demolition permit for a period of six months from the date of the application, unless the Commission informs the Director prior to the expiration of said six months that the applicant for the demolition has made a reasonable but unsuccessful effort to locate a purchaser for the building or structure, or one who is willing to preserve, rehabilitate or restore the building or structure, or has agreed to accept a demolition permit on specified conditions approved by the Commission. If the Commission does not determine that the building or structure is considered significant within 30 days of the Historic Commission's receipt of a complete demolition permit application, the Director may issue a demolition permit.
F.
Emergency demolition.
(1)
The Commission shall approve an application for demolition when, in the opinion of the Director, Fire Chief or the Public Safety Director, the building constitutes a hazard to public safety.
G.
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 Director its rejection of such application.
H.
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.
I.
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 Director its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under Subsection H 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.
(3)
The preservation of such structure would not be in the best interest of the majority of the community.
J.
Photographic documentation. Prior to the issuance of an demolition permit for any significant historic building, the applicant must provide photographic documentation. The requirements and guidelines for this documentation that have been approved by the Commission are on file with the Department of Planning and Redevelopment.
§ 410-38 Failure of Commission to act.
The failure of the Commission to act within 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 than can be obtained within the aforesaid period of 45 days, then and in said event the Commission shall have a period of up to 90 days within which to act upon such application.
§ 410-39 Advisory role.
In order to assist the City, its agencies, boards, commissions, staff and the City Council on matters of historic preservation, the Commission may provide its expertise and advice as appropriate.
§ 410-40 Exceptions.
Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure within the 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 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 Director prior to the passage of such article.
§ 410-41 Appeals of decisions.
[Amended 12-20-2023 by Ch. No. 3287]
Any person or persons jointly or severally aggrieved by a decision of the Historic District Commission has the right to appeal the decision to the Zoning Board of Review and a further right of appeal from the Zoning Board to the Superior Court in the same manner provided in R.I.G.L. § 45-24-69 and from the Superior Court by writ of certiorari. 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 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 Commission.
§ 410-42 Violations and penalties.
A.
Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a violation. Any person who violates this article or who fails to comply with any of its requirements shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
[Amended 5-24-2018 by Ch. No. 3160]
B.
Nothing herein contained shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violations.
§ 410-43 Actions exempt from review of Historic District Commission.
The following actions are exempt from review of the Historic District Commission:
A.
Painting: preparation, materials or colors.
B.
Decorating: holiday or other.
C.
Normal landscaping, including shrubs, trees, flowers, window flower boxes and other plantings; also exterior lighting and flags and flagpoles.
D.
Repair of any existing walkway, driveway, wall, fence or terrace in the same location and with the same materials.
E.
Window air-conditioning units.
F.
Temporary structures or signs used for special events and whose duration will not exceed any guidelines established by the Commission.
G.
The reconstruction, in the same design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided that such reconstruction is begun within one year and is continued to completion without substantial interruption.
H.
Storm doors, storm windows and canvas awnings.
I.
All ordinary maintenance and repair of any of the existing features or building that does not involve a change in design, materials or the outward appearance.
J.
The removal of deteriorated, damaged or dangerous building features, provided that unapproved new ones are not installed. This includes but is not limited to porches, stairs, shutters, porticoes, car parks, fences and walls.