The text
Footnotes:
--- (1) --- Editor's note— Ord. No. 2003-14, adopted Aug. 6, 2003, amended the former Ch. 14, §§ 14-1—14-9, and enacted a new Ch. 14 as set out herein. The former Ch. 14 pertained to similar subject matter and derived from Code 1972, §§ 9.5-1—9.5-8, 9.5-10.
Cross reference— Buildings and building regulations, ch. 9; streets, sidewalks and other public places, ch. 25; subdivisions, ch. 26; zoning, ch. 28; historic district zone, § 28-281.
State Law reference— Historic preservation, G.L. 1956, § 45-24.1-1 et seq.
Sec. 14-1. - Authority of chapter.#
This chapter is adopted in accordance with G.L. 1956, § 45-24.1-1 et seq., which: (1)
Declares the preservation of structures of historic or architectural value to be a public purpose; and
(2)
Authorizes historic district zoning and the creation of an historic district commission for that purpose in each city and town.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-2. - Purpose of chapter.#
The regulations set forth in this chapter have been established to: (1)
Safeguard the heritage of the town by preserving one or more historic districts and other designated structures of historic or architectural value in the town which reflect elements of the town's cultural, social, economic, political and architectural history;
(2)
Stabilize and improve property values in established historic districts and of designated structures of historic or architectural value;
(3)
Maintain and foster the civic beauty of the town;
(4)
Strengthen the economy of the town; and,
(5)
Promote the use of historic districts and other designated structures for the education, pleasure and welfare of the citizens of the town
(Ord. No. 2003-14, 8-6-03)
Sec. 14-2.1. - Definitions.#
All definitions contained in R.I. Gen. Laws § 45-24.1-1.1 shall apply to this chapter.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-3. - Designation of historic districts and structures.#
(a)
Historic districts. For the purposes of this chapter, the boundaries of the historic districts are hereby established as shown on the map entitled, "Map of Historic Districts, Town of Bristol, Rhode Island," dated..., and the list of properties within the district ("Attachment 1") as may be amended from time to time, which is filed at the office of the town clerk.
(b)
Designated structures not within an historic district. For the purposes of this chapter, a list of structures of historic or architectural value not located within the boundaries of an established historic district is hereby established as the list in Attachment 2 to the map of historic districts mentioned in subsection (a) of this section and further identified as [title] dated..., as may be amended from time to time.
(c)
Map of historic districts and attachments incorporated by reference. The "Map of Historic Districts, Town of Bristol, Rhode Island" and its attachments described in this section are hereby made part of this chapter by reference.
(d)
Public property. It is the intent of this chapter that property owned by any governmental entity and not previously designated nor within the historic district may be placed on either Attachment 1 or 2. The town council shall approve any such designation with respect to town owned property.
(e)
Maintenance of historic properties list. The criteria for adding or deleting a structure from the list of historic structures and for the review of historic district boundaries shall be the National Register Criteria for Evaluation or similar criteria which may be adopted by the National Park Service and/or Secretary of the Interior under federal law. The commission shall establish and maintain procedures by which property owners and/or the commission may nominate properties for addition to or deletion from the list of structures. The town council upon the recommendation of the commission shall determine whether or not to grant a petition.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-4. - Historic district commission.#
(a)
Establishment. There is hereby established an historic district commission to execute the declared purposes of this chapter.
(b)
Membership. Membership in the historic district commission shall be as follows:
(1)
The historic district commission shall consist of seven members who shall reside in the town, at least two and preferably three of whom shall be residents of or property owners in an historic district or designated structure of an historic or architectural value. Two auxiliary members of the historic district commission may be appointed in addition to regular members of the historic district commission, which auxiliary members shall sit as active members and participate in all discussion and business of the commission, provided that the first auxiliary member shall not vote on an application brought before the commission unless a regular member of the commission is unable to serve at any meeting of the historic district commission, and further provided that the second auxiliary member of the commission shall not vote on an application unless two regular members of the commission are unable to serve at any meeting. Appointment of the auxiliary members shall be made in accordance with the provisions of subsection (b)(3) of this section.
(2)
In making appointments to the historic district commission, the president of the town council, with the consent of the town council, should appoint at least three members who have some expertise in American or local history, architectural history, architecture, real estate, historic preservation, planning, historic building contracting, archeology or other areas of relevant expertise.
(3)
Appointment of members and length of terms shall be as follows:
a.
All members shall be appointed by the president of the town council with the consent of the town council. The terms of members shall be three years, except for initial appointments.
b.
Initial appointments of members shall be made by the president of the town council, with the consent of the town council, as follows:
1.
Two members for one year;
2.
Two members for two years;
3.
Three members for three years.
All subsequent three-year appointments shall be staggered.
c.
In the event of a vacancy before the expiration of a member's term, the president of the town council, with the consent of the town council, shall make an interim appointment to complete the unexpired term of the member, which appointment shall be made within 31 days of receiving written notice of such vacancy. Such appointment shall be made in accordance with subsection (b)(1) and (2) of this section.
d.
In making appointments to the historic district commission, the president of the town council may consult with any duly organized historic or preservation society within the town. Any such society shall also be given the opportunity to submit a list of qualified citizens for consideration by the president of the town council.
e.
Members shall serve without compensation.
(c)
Organization. Organization of the historic district commission shall be as follows:
(1)
The commission shall organize itself annually in the month corresponding to the month of the initial appointment of the first commission by electing from its membership:
a.
A chairperson;
b.
A vice-chairperson; and
c.
A secretary.
(2)
The commission shall adopt guidelines and rules of procedure necessary for its governance, which shall not be inconsistent with the provisions of this chapter, state law or the Secretary of the Interior Standards for Rehabilitation or similar law. Commission guidelines and rules of procedure will become part of this chapter after approval by the town council.
(Ord. No. 2003-14, 8-6-03; Ord. No. 2005-02, 2-2-05; Ord. No. 2015-13, 7-29-15; Ord. No. 2023-18, 9-13-23)
Sec. 14-4.1. - Guidelines and rules of procedure.#
Historic district commission may establish rules of procedure consistent with the following: (1)
The chairperson shall preside over all commission meetings and shall have the right to vote.
(2)
The vice-chairperson shall, in the case of absence or disability of the chairperson, perform the duties of the chairperson.
(3)
The secretary or his/her designee shall keep a record of all historic district commission proceedings, resolutions and actions, and shall provide a copy of such record to the office of the town clerk where it shall be kept on file for public inspection.
(4)
At least four members of the historic district commission shall constitute a quorum for the transaction of its business.
(5)
The concurring vote of a majority of the members participating in a hearing shall be necessary for approval of any application and for establishing or modifying commission guidelines and rules for procedure. The historic district commission may delegate to a single member of its staff the authority to issue a certificate of appropriateness in certain circumstances, as such circumstances are defined in the rules of procedure as adopted or amended by the historic district commission at a public hearing. The staff may not deny a certificate of appropriateness, but shall refer such action to the historic district commission for a hearing.
(6)
The town solicitor or a designated assistant solicitor shall attend, when requested by the town council or commission, meetings of the historic district commission, but shall not have a vote, nor shall the solicitor's absence prohibit the historic district commission from taking any action otherwise authorized by this chapter.
(7)
The rules of procedure established by the historic district commission must provide for:
a.
The time and place of holding regular historic district commission meetings;
b.
The calling of special meetings by the chairperson or by at least two other members of the historic district commission;
c.
The adoption of forms and written guidelines for all applications; and,
d.
The adoption of standard certificates for the approval or rejection of applications submitted to the historic district commission for review.
(8)
All meetings of the historic district commission shall be open to the public, and all citizens or their duly constituted representatives shall be entitled to appear and be heard on any matter before the commission before it reaches its decision.
(9)
The commission shall provide notice of its meetings and comply in all respects with the requirements of the Open Meetings Act. Agendas for all regular historic district commission meetings shall be posted at least one week in advance in town hall and in a newspaper of general circulation in the town in the week prior to such meetings.
(10)
The commission shall keep a record, which shall be open to public view, of its resolutions, proceedings, findings, decisions and actions.
(Ord. No. 2003-14, 8-6-03; Ord. No. 2010-02, 2-17-10)
Sec. 14-4.2. - Duties and powers of the commission.#
Duties and powers of the historic district commission are as follows: (1)
Review boundaries and list of structures. Review of historic district boundaries and lists of historic structures.
a.
It shall be the duty of the commission to review the map of historic districts and its attachment described in section 14-3 at least once every three years, and to make recommendations to the town council for:
1.
Modifications of historic district boundaries; and
2.
Additions and deletions to the lists of structures of historic or architectural value.
b.
It is the intent of this chapter that all such recommendations shall be made only after careful study by the historic district commission, shall be based on documented facts, and shall be in keeping with the purposes set forth in section 14-2.
(2)
Review of applications. Review of applications by the historic district commission shall be done as follows:
a.
It shall be the duty of the historic district commission to review applications for the construction of any structure within an historic district; or for the alteration, repair, moving or demolition of any existing structure within an historic district or designated as having historic or architectural value in accordance with section 14-3, when such alteration, repair, moving or demolition in any manner affects the structure's exterior appearance or location; or the construction, alteration, repair, moving or demolition of site appurtenances that affect the appearance of the surrounding area. The historic district commission shall have the power to pass upon such applications before a permit for such activity is granted or before such activity receives final approval by any other town government entity including but not limited to, the zoning board and planning board or before the issuance of a building permit.
b.
In reviewing applications, the historic district commission shall give consideration to the Secretary of the Interior's Standards for Rehabilitation or similar standards adopted by the U.S. Department of the Interior or the Rhode Island Historic Preservation and Heritage Commission. In rendering its decision the commission shall make findings of fact which may include, but are not limited to, the following:
1.
The historic or architectural value and significance of the structure and its appurtenances and their relationship to the historic value of the surrounding area;
2.
The relationship of the exterior architectural features of such structure to the rest of the structure and the surrounding area;
3.
The general compatibility of exterior arrangement, design, texture, and materials proposed to be used; and
4.
Any other factor affecting the structure or site, including aesthetics, which it deems to be pertinent.
c.
The historic district commission shall pass only on exterior features of the structure and its appurtenances and shall not consider interior arrangement, nor shall it disapprove applications except in regard to the standards and considerations set forth in this section. Provided however, that with regard to applications for formula businesses, as defined in section 28-1 of the Code, the historic district commission may review and regulate any interior features, including without limitation signs, which are visible to passers-by through any window, opening, or open door; may review and regulate any exterior facade or sign colors so as to prevent the use of a "corporate color scheme" to defeat the purposes of the formula business regulations; and may (independently of the zoning board) give consideration to the standards set forth in subsection 28-150(h) of the Code.
d.
It is the intent of this chapter that the historic district commission be strict in its judgment of plans for structures deemed to be valuable in section 14-3. It is also the intent of this chapter that the historic district commission be lenient in its judgments of plans for structures of little historic value or for plans for new construction except where such plans would seriously impair the historic or architectural value of surrounding structures or the surrounding area. It is not the intent of this chapter to limit new construction, alteration, or repairs to any one period of architectural style.
e.
In the case of an application for repair or alteration affecting the appearance of a structure or for the moving or demolition of a structure which the historic district 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 historic district commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such a structure. Unless the commission is satisfied that retention of such structure constitutes a hazard to the public safety, which hazard cannot be eliminated by economic means available to the owner or unless such proposed construction, alteration and repair will not, in the opinion of the historic district commission, materially impair the historic value of such structure, the commission shall file with the building official or other responsible town government entity its rejection of such application. 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.
f.
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 historic district commission may file with the building official or other responsible town government entity its approval of such application if any of the circumstances under which approval might have been given under this section are in existence or if:
1.
Such structure is a deterrent to a major improvement program which will be of substantial benefit to the community;
2.
Retention of such structure would cause undue financial hardship on the owner; or
3.
The retention of such structure would not be in the interest of the majority of the community.
g.
Moving or demolishing of structures of historic or architectural value may be allowed only if there is no other way to retain the structure on its present site.
(3)
Provide advice to the zoning board of review; variances. Due to the peculiar conditions of design and construction in historic neighborhoods where structures were often built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by granting variances or exceptions to normal yard requirements. Upon receipt of a completed application for relief from the dimensional requirements of the zoning ordinance, the zoning board shall send a copy of the application to the commission. Where it is deemed that such variance or exception will not adversely affect neighboring properties, the historic district commission may recommend to the zoning board of review that such variance or exception to the standard requirements be made. Such recommendation shall be submitted to the zoning board prior to the close of the public hearing on the application and shall be advisory.
(Ord. No. 2003-14, 8-6-03; Ord. No. 2004-11, § 1, 5-12-04)
Sec. 14-5. - Procedure for review of applications.#
(a)
Certificate of appropriateness required. Before a property owner and/or applicant may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within the historic district or an existing structure designated to be of historic or architectural value in accordance with section 14-3, the owner must apply for and receive a certificate of appropriateness from the commission. The owner of the property must obtain a certificate of appropriateness for the project whether or not state law requires that he or she also obtain a permit from the local building official. The building official shall not issue a permit until the commission has granted a certificate of appropriateness. Provided, however, that a certificate of appropriateness need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16.
(b)
Submittal of applications. Submittal of applications shall proceed in accordance with the guidelines and procedures pursuant to section 14-4.1. and as follows:
(1)
Upon receipt of any application for a building permit, the building official shall independently verify whether the property is in an historic district or whether the structure has been designated as being of historic or architectural value. In making this independent verification, the building official shall consult the map of historic districts and its attachments as described in section 14-3.
(2)
Any application determined by the building official to pertain to a property or structure covered by section 14-3, must be submitted, along with all plans and other information received by the building official, to the historic district commission for review within ten working days of the filing of such application. Incomplete applications shall be returned to the applicant, and notice shall be sent to the building official within seven working days of receipt by the historic district commission of a completed application.
(3)
Town government entities proposing any activity described in subsection (a)(1) of this section for individuals, even though no building permit is required for such government entity, shall submit application and plans directly to the historic district commission before such activity is authorized. Town government entities submitting applications shall use the same forms and meet the same requirements as specified for individuals applying for certification.
(c)
Requirements for historic district commission review.
(1)
The historic district commission shall review all completed applications it receives at its next regular meeting, providing such completed applications are received by the commission at least ten working days before such meeting.
(2)
When reviewing applications, the historic district commission may confer with the applicant and may suggest what it thinks is proper for approval. If the applicant makes the suggested modifications, the historic district commission will consider the revised application at the next regular meeting.
(3)
The commission shall render a written decision either approving or denying, in whole or in part, the scope of work proposed and stating the reasons for such action. Those aspects of a project which are denied by the commission cannot be resubmitted for one calendar year from the date of first receipt by the commission. A denial by the commission shall be binding upon the building official and no permit shall be issued or work authorized in such case.
(d)
Certificate of appropriateness. The historic district commission shall, transmit a copy of the decision of approval, to the building official. No permit shall be issued or work begun until such certificate shall be signed by the chairperson or vice-chairperson and attached to the building permit application. The chairperson or vice-chairperson shall also stamp and sign all plans or prints submitted to the historic district commission, signifying its approval. Approvals are good for one year from the date of their issuance, providing work has commenced during that year. Extensions for the same approved plans for one year may be requested without a new complete application providing such request is made during the year of the initial approval.
(e)
Failure of the historic district commission to act. The failure of the historic district commission to act within 45 days of the certification of an application as complete, shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the commission. If, however, the commission shall make a finding that circumstances of a particular application require further study and information than can be obtained within such period of 45 days, then, the historic district commission shall have a period of up to 90 days within which to act upon such application.
(Ord. No. 2003-14, 8-6-03; Ord. No. 2020-04, 7-1-20)
Sec. 14-6. - Exceptions.#
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of alike kind of any structure or to prevent maintenance or repair not requiring a building permit for an individual within an historic district, or at the premises where a structure of designated historic or architectural value is located; nor shall anything in this chapter be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building official or directed by a town government entity prior to the original date of passage of this chapter.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-7. - Penalty for violation of chapter.#
(a)
It shall be the duty of the building official to enforce the provisions of this chapter. If the building official is informed by the historic district commission or otherwise finds that any provision of this chapter is being violated, the building official shall notify, in writing, the person or entity responsible for such violation, indicating the nature of the violation and order action necessary to correct it. Immediately upon authorization from the town council respecting any such violation, the town solicitor shall institute appropriate legal action to prevent, enjoin, abate or remove such violation.
(b)
Any person who continues to violate any provision of this chapter after receiving notice of such violation shall be guilty of a misdemeanor, subject to a fine of $100.00 for each offense. Each day such a violation is continued is a separate offense.
(c)
If any alteration or destruction of the historic or architectural fabric of a building or site covered by section 14-3 occurs without historic district commission approval, the historic district commission may require that such fabric be restored or duplicated by the owner of such property.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-8. - Appeal.#
(a)
Any person or persons jointly or severally aggrieved by a decision of the historic district commission shall have the right to appeal concerning such decision to the zoning board of review. An appeal must be filed within 20 days of the date of the commission's final written decision. The procedures governing the appeal shall be as provided in the zoning ordinance.
(b)
Any town government entity aggrieved by a decision of the historic district commission shall have the right to appeal directly to the town council.
(Ord. No. 2003-14, 8-6-03)
Sec. 14-9. - Budget.#
The historic district commission will be responsible to prepare an annual operating budget at the time called for by the proper town officials.
(Ord. No. 2003-14, 8-6-03)