ARTICLE VII. - VOLUNTARY HISTORIC PRESERVATION PROGRAM

Footnotes:

--- (6) --- Editor's note— Amendment of June 9, 2003, repealed Art. VII, §§ 4-151—4-169, which pertained to swimming pools and derived from Code 1967, §§ 30-1—30-21; Ord. of Mar. 8, 1983.

Sec. 4-180. - Purpose.#

The purpose of the article is to encourage the voluntary preservation of residential and commercial structures of historic and architectural value within the voluntary historic district, the national historic district and outlying eligible residential properties to safeguard the heritage of Warren by preserving structures which reflect elements of its cultural, social, economic, political and architectural history. It is also the purpose of this article to encourage reconstruction and new construction of residential and commercial structures within the Warren Voluntary Historic District and the national historic district that preserve the architectural historic value and character of said districts.

(Ord. of 2-17-2004)

Sec. 4-181. - Definitions.#

(a)

"Committee" shall mean the voluntary historic district committee appointed by the Warren Town Council to administer and promulgate the voluntary historic preservation program ordinance, article VIII, of the Warren Town Code.

(b)

"Historic structure" shall mean a commercial or residential property which may or may not be owner occupied and can contain more than one (1) residential rental unit and/or commercial space, and is;

(1)

Located in the voluntary historic district zone and/or within the National Historic Register Area and certified by the voluntary historic district committee as contributing to the character of that local and/or national historic district in which it is located; or

(2)

Designated as an outlying residential property by the town, which was constructed at least one hundred (100) years ago, and/or has an architectural period style important to the historic fabric of the town, and subject to the rules and regulations and standards and guidelines of the Warren Voluntary Historic District.

(c)

"Certificate of appropriateness" shall mean that document certifying that any maintenance or rehabilitation project to the exterior of a historic structure or the construction of a new structure within the Warren Voluntary Historic District is consistent with the character of that property or district and determined to be consistent with the committee standards and guidelines.

(d)

"Construction permit fee" shall mean the fee imposed by section 4-37 of the Code of Ordinances of the Town of Warren.

(e)

"Voluntary historic preservation board of appeal" shall mean a three (3) member board appointed by the Warren Town Council. Members of the board of appeal shall not be members of the Warren Voluntary Historic District Committee.

(f)

"Warren Voluntary Historic District" is bounded and described as follows: Beginning at a point from the Warren-Barrington Bridge, extending southerly along the shore of the Warren River, to Bridge Street, easterly along Bridge Street to Main Street, then northerly on Main Street to the East Bay Bicycle Path, then northeasterly along the east Bay Bicycle Path to the shore of the Warren River, then southerly to the point and place of beginning. Said district shall include all properties fronting on either side of the boundary Streets in the East Bay Bicycle Path. For the purpose of this article the boundaries of historic districts are established as shown on a map entitled "Warren Voluntary Historic District Map" which is filed in the office of the town clerk and the building official's office. This map and any recorded amendments to the map, is hereby incorporated as a part of this article.

(g)

"Outlying residential property" for the purposes of this article shall include the following architectural styles and periods of time they represent. As defined, these structures are eligible for certification by the Warren Voluntary Historic District Committee as an outlying residential property of historic, architectural or archaeological value, for properties located outside of the Voluntary Historic District and National Historic Register Area.

Style Period Style Period

Colonial - 1785 Italianate 1830—1880

Georgian 1700—1776 Second Empire 1855—1885

Federal 1780—1825 Shingle Style 1880—1900

Jeffersonian 1790—1830 Queen Anne 1880—1900

Greek Revival 1820—1860 Victorian 1840—1900

Gothic Revival 1830—1890

(Ord. of 2-17-2004)

Sec. 4-182. - Eligibility for voluntary historic preservation program.#

The owner of an eligible residence, commercial structure or legally recorded lot in the voluntary historic district and national historic register district, or an eligible outlying residential property may apply, on a voluntary basis, to the committee for a certificate of appropriateness for any maintenance, rehabilitation or new/reconstruction project which conforms to the Warren Voluntary Historic Preservation Program Standards and Guidelines.

Upon receipt of an application, the committee shall first determine whether the residence or commercial structure is a historic structure as defined in this article, and then determine whether the proposed maintenance or rehabilitation project conforms to the requirements of the Warren Voluntary Historic Preservation Program Standards and Guidelines. Upon receipt of an application for new construction or reconstruction projects, the committee shall determine if the proposed design conforms to the purpose of this article in terms of the historic fabric of the district and meets the requirements of the Warren Voluntary Preservation Program Standards and Guidelines.

The committee shall issue a certificate of appropriateness if it determines after a hearing on the application that the residence or commercial structure is a historic structure, and that the proposed maintenance, rehabilitation or new/reconstruction project conforms to Warren Voluntary Historic Preservation Program Standards and Guidelines.

(Ord. of 2-17-2004)

Sec. 4-183. - Waiver of construction permit fees.#

The building inspector shall waive the applicable building and other permit fees for reconstruction, replacement, renovation or restoration to the exterior of existing structures within the voluntary historical district or to outlying properties, as defined under section 4-181 of this article. However, the fee for a construction permit in adherence to the state building code is not waived. This section shall not be applicable to other types of construction within the voluntary historical district. No construction permit fees shall be waived unless the application for benefits under the voluntary historic preservation program is made prior to an application for a building permit.

(Ord. of 2-17-2004)

Sec. 4-184. - Property tax reduction.#

(a)

Upon certification by the committee and the building official that the exterior maintenance, rehabilitation or new/reconstruction project was completed in conformity with the certificate of appropriateness, the historic property or outlying residential property shall be eligible for a real estate tax deduction in the amount of four (4) percent of the cost of the maintenance or rehabilitation project, not to exceed twenty (20) percent of the total annual amount of the real estate tax for the property for all of the projects so certified by the building official.

(b)

The time period for the duration of the real estate tax reduction for qualifying maintenance or rehabilitation projects is as follows:

Project cost Number of years for tax

reduction

$2,000.00 - $39,999.99 5

$40,000.00 - $59,999.99 7

$60,000.00 and over 9

(c)

The reduction in real estate taxes pursuant to this section shall not diminish, impair, or nullify any other real estate tax reduction, abatement or credit to which the owner of a historic structure, outlying residential property or new/reconstruction project accepted by the committee, is otherwise eligible. Any other real estate tax reduction, abatement or credit shall be applied to the gross tax due prior to the application of the reduction pursuant to this section.

(d)

The town council may from time to time set new limitations that it shall deem necessary to receive the property tax reduction as set forth in this section. Any change shall not impair or affect any real estate tax reduction previously conferred upon an historic structure, outlying residential property or new/reconstruction project accepted by the committee.

(e)

The real estate reduction as set forth in this section shall not be assigned, awarded, transferred or credited to any other residence, property or person other than the historic structure, outlying residential property or new/reconstruction project accepted by the committee so certified for the property tax reduction.

(Ord. of 2-17-2004)

Sec. 4-185. - Completion, certification.#

Upon completion of the maintenance, rehabilitation or new/reconstruction project for which the property owner seeks real estate property tax relief, the owner shall apply to the tax assessor for the relief provided for in this article. The tax assessor shall verify that the applicant has received a certificate of completeness from the committee. The property tax reduction shall commence in the following year after the certificate of appropriateness has been certified as completed by the board and the building official.

The tax assessor is hereby authorized to require and demand of the committee any documents, certifications or other proof of the cost of maintenance, rehabilitation or new/reconstruction project he/she shall deem necessary and reasonable. The committee shall respond promptly to any such request by the tax assessor, and is also responsible to ensure the correctness of these instruments.

(Ord. of 2-17-2004)

Sec. 4-186. - Restrictive covenants required.#

No historic structure maintained or rehabilitated may benefit from the provisions of this article unless the owner of such historic structure shall grant to the town a recorded restrictive covenant that the historic structure shall retain its use and be maintained in a manner which preserves the historic structure's character for a period equal to the length of the project's property tax reduction.

The tax assessor shall record said covenant in the land evidence records for the town.

(Ord. of 2-17-2004)

Sec. 4-187. - Forfeiture of tax reduction.#

In the event of the failure of the owner to maintain the property according to the committee's guidelines during the period of the project's tax reduction, the owner shall forfeit the property tax reduction from the first instance of noncompliance as determined and certified by the tax assessor.

Upon forfeiture, subsequent payments shall be adjusted and billed upon the full value of the property without benefit or reference to the tax reduction. If payment has been made in whole and a forfeiture occurs, partial credit shall be given for that portion of the reduction accrued to the date of the forfeiture. The portion of the reduction not paid as part of the whole payment shall then become due and payable.

(Ord. of 2-17-2004)

Sec. 4-188. - Administration of the program.#

The committee shall draft all application and certificate of appropriateness forms with the requirements of this program to conform with this article. The committee shall establish qualifying guidelines for the maintenance and rehabilitation of historic residences, subject to approval by the Warren Town Council.

(Ord. of 2-17-2004)

Sec. 4-189. - Appeals.#

Appeals of decisions of the committee shall be to the voluntary historic preservation board of appeals for a hearing.

(Ord. of 2-17-2004)

Sec. 4-190. - Historic preservation loan program.#

Subject to the availability and eligibility of funds from the community development block grant program ("CDGB") the town manager shall cause to be implemented a small loan program for approved alterations and renovations to eligible historic properties and structures. Priority shall be given to applications for facade improvements to eligible historic properties and structures located in a village business or business zone or voluntary historic zone.

(Ord. of 2-17-2004)

Sec. 4-191. - Membership, appointment.#

(a)

Historic district committee. The Warren Voluntary Historic District Committee shall consist of five (5) members and two (2) alternates to be appointed by the town council. The initial appointees shall be appointed for the following terms: Two (2) shall be appointed for four-year terms, two (2) shall be appointed for two-year terms, and one (1) shall be appointed for a three-year term. Thereafter, as terms expire, appointments, other than interim appointments, shall be for terms of four (4) years. The two (2) alternates shall be appointed to three-year terms. Such committee members shall continue to hold their respective offices until successors are qualified. Each member shall be responsible to carry out their duties as defined in the voluntary district rules and regulations, as approved by the Warren Town Council. Alternates shall perform the duties of a member only when a member is not present at a public hearing on the application for a certificate of appropriateness.

(b)

Board of appeals. The voluntary historic district board of appeals shall consist of three (3) members to be appointed by the town council. The initial members shall be appointed for the following terms: one (1) member shall be appointed for a three-year term; one (1) member shall be appointed for a two-year term; and one (1) member shall be appointed for a one-year term. Thereafter, as terms expire, appointments, other than interim appointments, shall be for terms of three (3) years. Members shall continue to hold their respective offices until their successors are qualified. Each member shall be responsible to carry out their duties as defined in the voluntary district rules and regulations, as approved by the Warren Town Council.

(Ord. of 2-17-2004)