[Adopted 4-27-1988 by Ord. No. 190]
In order to promote the educational, cultural,
economic, and general welfare of the Town of Canton and others through
the preservation and protection of buildings and places of historic
interest within the Village of Collinsville, a unique example of an
early one-company mill town, and through the development and retention
of appropriate settings for such buildings and places, the Collinsville
Historic District ("district") is hereby established pursuant to §§ 7-147a
to 7-147k, inclusive, of the General Statutes.
A Collinsville Historic District Commission
("Commission") consisting of five regular members and three alternate
members is hereby established. It shall be the purpose of the Commission
to perform the duties and functions of an historic district commission
as provided in §§ 7-147a to 7-147k, inclusive, of the
General Statutes and as provided in this article.
[Amended 12-14-2011]
The Board of Selectmen of the Town of Canton
shall, within 65 days after the adoption of this article, appoint
five regular members and three alternate members to the Commission
in such manner that the terms of one regular member and one alternate
member shall expire on the 30th day of June of each year commencing
in 1989. All subsequent appointments shall be made by the Board of
Selectmen for a term of four years for regular members and four years
for alternate members, except that an appointment to fill an unexpired
term shall be for the duration of said unexpired term only. Members
and alternate members shall be electors of the Town of Canton holding
no salaried Town office. At least two of the regular members and one
of the alternate members shall be residents within the Collinsville
Historic District. Within a period of 30 days after the appointment
of said members to the Commission, and within a period not exceeding
30 days after the first day of July of each succeeding year commencing
in 1989, said regular members shall meet, organize, and elect a Chairman,
Vice Chairman, and Clerk from its own members. Alternate members shall
not participate in any election of officers of the Commission. In
all others matters, when a member of the Commission is absent or has
a conflict of interest the Chairman of the Commission shall designate
an alternate member to act, choosing alternates in rotation so that
they shall act as nearly equal a number of times as possible. If any
alternate is not available in accordance with such rotation, such
fact shall be recorded in the minutes of the meeting. Regular members
and alternate members may be appointed for another term or terms.
A.
The Commission shall be vested with all powers and
shall faithfully perform all duties imposed upon historic district
commissions in §§ 7-147a to 7-147h, inclusive, of the
General Statutes. The Commission shall fix the time and place of its
regular meetings and provide a method for calling special meetings.
It shall adopt rules of procedure. The presence of three members or
alternate members shall constitute a quorum, and no resolution or
vote except a vote to adjourn or to fix the time and place of its
next meeting shall be adopted by fewer than three affirmative votes.
The Commission may adopt regulations to provide guidance to property
owners as to factors to be considered in preparing an application
for a certificate of appropriateness.
B.
The Commission may:
(1)
Provide information to property owners and others
involving the preservation of the district.
(2)
Initiate planning and zoning proposals.
(3)
Cooperate with other regulatory agencies and civic
organizations and groups interested in historic preservation.
(4)
Comment on applications for zoning variances and special
exceptions where they affect the district.
(5)
Render advice on sidewalk construction and repair,
tree planting, street improvements, and the erection or alteration
of public buildings not otherwise under its control where they affect
the district.
(6)
Furnish information and assistance in connection with
any capital improvement program involving the district.
No building or structure within the district
shall be erected or altered until after an application for a certificate
of appropriateness as to exterior architectural features has been
submitted to the Commission and approved by said Commission. "Exterior
architectural features" means such portion of the exterior of a structure
or building as is open to view from a public street, way, or place.
No building permit for erection of a building or structure or for
alteration of an exterior architectural fixture within the district
and no demolition permit for demolition or removal of a building or
structure within the district shall be issued by the Town or any department,
agency, or official thereof until a certificate of appropriateness
has been issued. A certificate of appropriateness shall be required
whether or not a building permit is required. The style, material,
size, and location of outdoor advertising signs and bill posters within
the district shall be under the control of the Commission. The provisions
of this section shall not be construed to extend to the color of paint
used on the exterior of any building or structure. No area within
the district shall be altered or enlarged for industrial, commercial,
business, home industry, or occupational parking, whether or not the
area is zoned for such use, until after an application for a certificate
of appropriateness as to parking has been submitted to and approved
by the Commission.
A.
The Commission shall hold a public hearing upon each application for a certificate of appropriateness unless the Commission determines that the application involves items not subject to approval by the Commission. Notice of the time and place of such hearing shall be given by publication in the form of a legal advertisement appearing in a newspaper having a substantial circulation in the Town of Canton not more than 15 days nor less than five days before such hearing. Within not more than 65 days after the filing of an application as required by § 268-14 above, the Commission shall pass upon such application and shall give written notice of its decision to the applicant. Evidence of approval, as referred to in § 268-14 above, shall be by certificate of appropriateness issued by the Commission. Failure of the Commission to act within said 65 days shall constitute approval and no other evidence of approval shall be needed. The Commission shall keep a record of all applications for certificates of appropriateness and of all its doings.
B.
In its deliberations the Commission shall not consider
interior arrangements or use; however, it may recommend adaptive uses
of any buildings or structures within the district compatible with
the historic architectural aspects of the district. The Commission
shall take no action except for the purpose of controlling the erection
or alteration of buildings, structures, or parking which is incongruous
with the historic or architectural aspects of the district. The Commission
shall set forth its reason for approving or denying each application
for a certificate of appropriateness in its written notice of its
decision to the applicant and in the Commission's record of its proceedings.
When a certificate of appropriateness is denied, the reasons shall
include the basis for the Commission's conclusion that the proposed
activity would not be appropriate. In its notice to the applicant,
the Commission may make recommendations relative to design, arrangement,
texture, material, and similar features.
If the Commission determines that the proposed
erection, alteration, or parking will be appropriate, it shall issue
a certificate of appropriateness. In passing on appropriateness as
to exterior architectural features, buildings, or structures, the
Commission shall consider the items set forth in § 7-147f
of the General Statutes.
A.
Relationship to other commissions. Jurisdiction of
the Commission over any matter shall not be construed to diminish
the authority of any other Town agency, board, or commission. In cases
of overlapping jurisdiction, approval by all agencies, boards, or
commissions with purview over the matter shall be required.
B.
Annual report. The Commission shall make an annual
report of its activities to the Board of Selectmen.
C.
Cooperation and coordination. The Commission may:
(1)
Provide information to property owners and others
involving the preservation of the district;
(2)
Initiate planning and zoning proposals;
(3)
Cooperate with other regulatory agencies and civic
organizations and groups interested in historic preservation;
(4)
Comment on applications for zoning variances and special
exceptions where they affect the Collinsville Historic District;
(5)
Render advice on sidewalk construction and repair,
tree planting, street improvements, and the erection or alteration
of public buildings not otherwise under its control where they affect
the Collinsville Historic District; and
(6)
Furnish information and assistance in connection with
any capital improvement program involving the Collinsville Historic
District.
For the purpose of encouraging the responsiveness,
securing the support, and drawing on the resources of interested residents
of the historic district who are not members of the Historic District
Commission, and apart from the provision in the Act[1] for formal appeals from the Commission decisions by aggrieved
parties, and other than the required public hearings by the Commission
upon applications for certificates of appropriateness, the Commission
shall hold meetings with residents of the historic district if and
when at least 20 of the owners of real property in the district make
written petition to the Commission for such meeting to discuss matters
of policy or other matters that may be at issue between property owners
and the Commission. The Commission shall call meetings so requested
within 65 days. The Commission shall not be bound by the meetings
but in formulating policy shall be responsive to the sentiments of
the community insofar as its best judgment suggests and the powers
and limitations derived from the General Statutes permit.
[1]
Editor's Note: "The Act" refers to §§ 7-147a
to 7-147k, inclusive, of the General Statutes.
Where, by reason of topographical conditions,
district border line situations, or because of other unusual circumstances,
solely with respect to a certain parcel of land and not affecting
generally the district, the strict application of any provision of
this article or §§ 7-147a to 7-147k, inclusive, of
the General Statutes, would result in exceptional practical difficulty
or undue hardship upon the owner of any specific property, the Commission
in passing upon applications shall have power to vary or modify strict
adherence to said sections or to interpret the meaning of said sections
so as to relieve such difficulty or hardship, provided that such variance,
modification, or interpretation shall remain in harmony with the general
purpose and intent of said sections so that the general character
of the district shall be conserved and substantial justice done. In
granting variations, the Commission may impose such reasonable and
additional stipulations and conditions as will, in its judgment, better
fulfill the purpose of said sections. For each variance granted, the
Commission shall place upon its records and in the notice to the applicant
the reasons for its determination.
If any action or ruling taken by the Commission
pursuant to the provisions of §§ 7-147a to 7-147k,
inclusive, of the General Statutes, or of this article has been violated,
the Commission may, in addition to other remedies, institute an action
in the Superior Court to restrain such violation. Regulations and
orders of the Commission issued pursuant to said sections of the General
Statutes, or of this article shall be enforced by the Zoning Enforcement
Officer of the Town of Canton. Penalties for violations shall be as
provided in § 7-147h of the General Statutes.
Any person or persons severally or jointly aggrieved
by any decision of the Commission or of any officer thereof may, within
15 days from the date when such decision was rendered, take an appeal
to the Superior Court for Hartford County, which appeal shall be made
returnable to such Court in the same manner as that prescribed for
civil actions brought to such Court. Notice of such appeal shall be
given by leaving a true and attested copy thereof in the hands of
or at the usual place of abode of the Chairman or Clerk of the Commission
and with the Town Clerk within 12 days before the return day to which
such appeal has been taken. Procedure upon such appeal shall be the
same as that defined in § 8-8 of the General Statutes.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance or repair of any exterior feature in the
district which does not involve a change of design thereof, nor to
prevent the erection or alteration of any such feature which the Building
Official certifies is required by the public safety because of an
unsafe or dangerous condition, nor to prevent the erection or alteration
of any such feature under a permit issued by the Building Official
prior to the effective date of establishment of the district.
B.
If a building in the district is to be demolished,
no demolition shall occur for 90 days from issuance of a demolition
permit if during such time the Commission or the Connecticut Commission
on Culture and Tourism is attempting to find a purchaser who will
retain or remove such building or who will present some other reasonable
alternative to demolition. During such ninety-day period the Town
may abate all real property taxes. At the conclusion of such ninety-day
period, the demolition permit shall become effective and the demolition
may occur. Nothing in this subsection shall be construed to mandate
that the owner of such property sell such property or building.
[Amended 12-14-2011]
[Amended 12-14-2011]
The boundaries of the district shall include
the historic district located in Collinsville as shown on the map
designated as "Exhibit A" and incorporated in and made a part of this
article. A legal description of said historic district designated
as "Exhibit B" is also incorporated in and made part of this article.
Exhibits A and B are included at the end of this chapter.
The facilities and services of the Town of Canton
staff and office shall be available to the Commission as it may reasonably
require. The Commission shall otherwise operate within the amount
of the appropriation provided in the Town budget each year.
This article shall not apply to property owned
by the Town of Canton so long as the Town of Canton owns such property;
however, the Town of Canton shall seek a recommendation on such property
from the Collinsville Historic District Commission. A copy of this
article shall be recorded in the land records of the Town of Canton.
