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)