[Adopted 4-13-1998 ATM by Art. 49, approved 7-31-1998]
Pursuant to Section 9(g) of the Nantucket Historic District Act (Chapter 395, Acts of 1970, as amended, hereinafter referred to as the "HDC Act"), no building or structure shall be constructed or altered within the Nantucket Historic District as defined in Section 4 of the HDC Act in any way that affects its exterior architectural features, unless and until either:
A. 
An application for a building permit shall first have been approved as to exterior architectural features, which approval shall be evidenced by a certificate of appropriateness issued by the Nantucket Historic District Commission; or
B. 
The Commission first issues a certificate of nonapplicability with respect to such alteration or construction.
Pursuant to Section 9(g) of the HDC Act, no building or structure within the Historic Nantucket District shall be razed without first obtaining a permit approved by the Nantucket Historic District Commission.
For the purposes of this Article IV, "exterior architectural features" shall have the same meaning as defined in Section 2A of the HDC Act. The "Nantucket Historic District Commission" refers to the Commission created by Section 3 of said Act. The procedures for obtaining a certificate of appropriateness, a certificate of nonapplicability or a permit to raze are those described in the HDC Act, including Section 9 thereof.
Any violation of § 124-8 or 124-9 prohibitions shall result in a penalty of $300, which may be enforced by means of noncriminal disposition tickets pursuant to Chapter 1 of the Nantucket Code. Each day the violation continues to exist shall be considered a separate violation.
[Added 4-13-1998 ATM by Art. 60, approved 7-31-1998; amended 4-12-1999 ATM by Art. 58, approved 8-10-1999; 4-8-2008 ATM by Art. 70, approved 8-18-2008]
The Historic District Commission (HDC) shall establish regulations to provide for the giving of notice to interested parties of hearings on all applications that involve new construction resulting in an overall change of 1,000 square feet or more of floor area, or 100 square feet or more of floor area in the Old Historic Districts of Town and Siasconset, as may from time to time be defined by the HDC. Such regulations shall include a provision that notice shall be given to owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, and to such other interests as the Commission shall deem entitled to notice by adoption of rules and regulations. The Commission shall give notice of hearings in accordance with its regulations.
[Added 4-12-2004 ATM by Art. 55, approved 9-3-2004]
A. 
Owners of certain contributing buildings and structures in the Nantucket Historic District shall provide sufficient minimum maintenance as defined herein in Subsection B below, to the minimum extent necessary to keep such buildings from falling into a state of poor repair as may be identified hereinafter by the Nantucket Historic District Commission rules and regulations as contributing buildings and structures to the historic authenticity of the Nantucket Historic District. This provision shall only apply to the exterior architectural features of such contributing buildings and structures, as defined in St. 1970, c. 395, § 2A,[1] as amended, and also to the interior portions of buildings and structures which, if not adequately maintained, would cause the exterior architectural features to deteriorate or become damaged.
[1]
Editor's Note: See Ch. A301, § A301-4, Historic District Commission.
B. 
In carrying out the responsibilities set forth in § 124-13A above, owners shall therefore be responsible for taking at least the minimum steps necessary to prevent the deterioration of the following items, which would, if allowed to deteriorate, cause a detrimental effect upon the character of the Historic District as to such contributing buildings and structures as follows:
(1) 
Foundations, exterior walls or other vertical supports (exterior or interior);
(2) 
Roofs or other horizontal members (including joists, beams, etc.);
(3) 
Chimneys or chimney support systems.
C. 
In cases where deterioration has already progressed to an advanced stage, and where immediate removal is requested by the owner, the standard for razing in St. 1970, c. 395, § 6 shall apply.
D. 
In all cases for such contributing buildings and structures, nonstructural exterior architectural features shall be repaired. In situations where it is impractical to repair the feature, or prohibitively expensive to replace it, it shall be stored safely until such time as it is possible to recreate the feature from the original pieces at reasonable expense.
E. 
The Nantucket Historic District Commission upon application and after hearing, may grant a waiver from the requirements of this section upon a showing of impossibility, or financial hardship, or the occurrence of events beyond the owner's control, or such other exigent circumstances as the Commission may determine.
F. 
Any person violating this section shall be subject to a fine or penalty in the amount of $300, with each day to be considered as a separate violation. The enforcing person for purposes of Nantucket Code § 1-2 shall be the administrator of the Historic District Commission or his/her designee.