§ 7-6. Certificate of appropriateness

(a) Required. Before a property owner may authorize or commence construction, alteration, repair, removal or demolition of any existing structure or its appurtenances within a historic district, the owner must first apply for and receive a certificate of appropriateness from the commission.

(b) Permits. A certificate of appropriateness is necessary whether or not state law requires that a permit be obtained from the building official.

(c) Hearings on application. The commission shall conduct such hearings as are necessary on the applications filed before it and shall give reasonable notice of such hearings.

(d) Information required. 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:

(1) Plans;

(2) Drawings;

(3) Photographs; or

(4) Other information.

(e) Review. In reviewing the applications and the plans submitted therewith, the commission shall give consideration to:

(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.

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

(f) Exterior features only to be considered. The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements.

(g) Use of experts. The commission shall have the power to call in experts to aid in its deliberation at the owner's expense.

(h) Decisions of commission. All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and basis of each decision on a 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 and to the building official.

(i) Certificate to be binding. The certificate of appropriateness shall be binding upon the building official or other duly delegated authority.

(j) Inspections. After a permit is granted as herein provided, the building official or other duly delegated authority shall, from time to time, inspect the construction, alteration or repair and shall take such action as is necessary to ensure compliance with the certificate of appropriateness.

(k) Approval of application. The failure of the commission to act within 45 days from the date the completed application is filed with it, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval. 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 such event the commission shall have a period of up to 90 days within which to act upon such application.

(Rev. Ords. 1989, § 7-6)

refcross

Building standards, § 4-16 et seq.

refstatelaw

Similar provisions, G.L. 1956, § 45-24.1-5.