[Adopted 10-8-1974 by Doc. 283 (Ch. 39, Art. I, of the
1980 Code)]
This article shall be known and may be cited
as the "Historic Districts Ordinance" under authority of Massachusetts
General Laws, Chapter 40C, as amended.
The purpose of this article is to promote the
educational, cultural, physical, economic and general welfare of the
public through the preservation and protection of the historical assets
of Rocks Village, including buildings, sites and districts of historical
and architectural interest, through the maintenance of such landmarks
of the history of Rocks Village, the commonwealth and the nation and
through the development of appropriate uses and settings for such
buildings and places.
[Amended 3-29-1988 by Doc. 73]
The boundaries of the Rocks Village Historic
District, as amended, are established to be as shown on a map entitled
"Boundary Map Rocks Village Historic District," dated March 1988,
which accompanies and is hereby declared to be a part of this article.[1]
[1]
Editor's Note: The map is on file in the office
of the City Clerk.
A.
The Rocks Village Historic District Commission, herein
referred to as the "District Commission," shall consist of seven members
and three alternates appointed by the Mayor, subject to confirmation
by the City Council.
C.
When the District Commission is first established,
two members shall be appointed for one-year terms, two members shall
be appointed for two-year terms and the remaining three members and
the three alternates shall be appointed for three-year terms, and
all members shall serve until a successor is appointed and confirmed.
At the expiration of their respective terms, the Mayor shall appoint
successors for three-year terms in the manner described in the proceeding
subsections. Vacancies for any unexpired term shall be filled in the
same manner as in the original appointment.
D.
The District Commission shall elect annually a Chairman
and Vice Chairman from its own number and a Secretary from within
or without its number.
E.
Alternates shall have all the powers and duties of
regular members when called to serve by the Chairman or Vice Chairman
of the Commission.
F.
All members and alternates shall serve without compensation.
[Amended 7-10-2007 by Doc. 76]
No building or structure within a Historic District shall be constructed, demolished, moved or altered in any way that affects exterior architectural features, and no building shall be moved into a Historic District unless the Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of nonapplicability with respect to such construction, alteration or movement. The Building Inspector shall not issue a permit within a Historic District unless one of the certificates noted above has first been issued by the District Commission or the proposed improvement is exempted from these provisions by § 54-6. If the Commission fails to reach a final decision on an application for such a certificate within 60 days of the filing of an application, unless the applicant consents to an extension of time, the application shall be deemed to be approved.
The authority of the District Commission is
not extended to the review of the following:
A.
Temporary structures or signs, subject, however, to
such conditions as to duration of use, location, lighting, removal
and similar matters as the Commission may reasonably specify.
B.
Terraces or landscaping that does not substantially
change the grade level.
C.
Storm doors, storm windows, screens, window air conditioners
and television antennas.
D.
Color and type of paint.
E.
Repairs that do not alter the character of the structure.
[Amended 8-10-1976 by Doc. 129]
The District Commission shall have all the powers
and responsibilities of a Historic District Commission as described
in Chapter 40C of the Massachusetts General Laws.
The District Commission may receive and accept
appropriations, grants and gifts for the furthering of the purposes
of this article, to establish a historic marker program, publish guides,
maps and other appropriate publications to illustrate historical and
architectural resources of Rocks Village and to acquire and maintain
historic properties.
[Amended 7-10-2007 by Doc. 76]
The District Commission shall serve in an advisory
capacity to the Mayor, the City Council, the Planning Board, the Massachusetts
Historical Commission and any other public agency on matters pertaining
to or affecting any historic structures or sites in the Rocks Village
Historic District.
The Planning Director or his designee shall
act as technical advisor to the District Commission and shall cooperate
with the District Commission in the fulfillment of the District Commission's
responsibilities under the General Laws of Massachusetts and shall
perform any and all functions of the Commission which it may lawfully
delegate to him.
The District Commission shall propose changes
in Rocks Village Historic District boundaries as it deems appropriate.
Massachusetts General Laws, Chapter 40C, will guide the procedures
for these activities.
A.
The District Commission shall coordinate historic
preservation activities and oversee the preparation and implementation
of historic preservation plans of Rocks Village.
B.
The District Commission shall provide assistance to
owners of historic structures on matters pertaining to preservation
of those structures in Rocks Village.
A.
The District Commission shall adopt rules and regulations
for the conduct of its business not inconsistent with Chapter 40C
of the General Laws or with the purpose of this article.
B.
The District Commission shall act at all times with
a clear understanding of the need of the residents of Rocks Village
Historic District to enjoy the amenities of modern life in the use
of their home and properties.