The Commission shall have such powers, shall
perform such functions, and shall be subject to such limitations as
shall, from time to time, be prescribed by the applicable General
Statutes of Connecticut. The Commission shall adopt rules of procedure
and may adopt regulations not inconsistent with said statutes; may,
subject to appropriation, employ clerical and technical assistance;
and may accept money gifts and expend the same for purposes consistent
with this article. The Commission shall perform all the functions
of an historic district study committee relative to establishing new
historic districts, as provided in the General Statutes, and from
time to time may suggest proposed amendments to this article.
If the Commission determines that the proposed
erection, construction, restoration, alteration, razing, moving or
parking will be appropriate, it shall issue a certificate of appropriateness.
In the passing upon appropriateness the Commission shall consider,
in addition to any other pertinent factors, the historical and architectural
value and significance, architectural style, general design, arrangement,
texture and material of the architectural features involved and the
relationship thereof to the architectural style and pertinent features
of other structures in the immediate neighborhood. In passing upon
appropriateness as to parking, the Commission shall take into consideration
the size of such parking area, the visibility of cars parked therein,
the closeness of such area to adjacent buildings and other similar
factors. A certificate of appropriateness may be refused for any building
or structure the erection, reconstruction, restoration, alteration,
moving or razing of which, in the opinion of the Commission, would
be detrimental to the interest of the Liberty Green Historic District.
Where, by reason of topographical conditions,
district borderline situations, immediately adjoining existing developments
or because of other unusual circumstances, the strict application
of any provisions of C.G.S. §§ 7-147a to 7-147k, inclusive,
amended, or of this article 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 variances, the Commission may impose such
reasonable and additional stipulations and conditions as will in its
judgment better fulfill the purpose of said sections.
[Amended 8-5-2009]
If any action or ruling taken by the Commission
pursuant to the provisions of C.G.S. §§ 7-147a to 7-147k,
inclusive, as amended, or pursuant to the provisions of this article
has been violated, the Commission may, in addition to other remedies,
institute an action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, razing, maintenance or use
for parking or to restrain, correct or abate such violation or to
prevent the occupancy of such building, structure or land. Regulations
and orders of the Commission issued pursuant to said sections of the
General Statutes of Connecticut, as amended, or this article, shall
be enforced by the Building Official of the Town of Clinton. The Building
Official is hereby authorized to inspect and examine any building,
structure, place or premises and to require in writing the remedying
of any condition found to exist therein or thereon in violation of
any provision of the regulations or orders made under the authority
of said sections of the General Statutes of Connecticut, as amended,
or this article. The owner or agent of any building or premises where
such a violation has been committed or exists, or the owner, agent,
lessee or tenant of an entire building or entire premises where such
violation has been committed or exists, or the agent, architect, builder,
contractor, or any other person who commits, takes part or assists
in such violation, shall be fined not less than $10 nor more than
$100 for each day that such violation continues. However, if the offense
is willful, the person convicted thereof shall be fined not less than
$100 nor more than $250 for each day that such violation continues,
and the Superior Court for the district wherein such violation continues
or exists shall have jurisdiction of all such offenses, subject to
appeal as in other cases. Each day that a violation continues to exist
shall constitute a separate offense.
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, 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 within 12 days before
the return day to which such appeal has been taken. Procedure upon
such appeal should be the same as that defined in C.G.S. § 8-8,
as amended.
[Amended 8-5-2009]
Nothing in this article shall be construed to
prevent the ordinary maintenance or repair of any feature in the Liberty
Green Historic District which does not involve a change of design
thereof, nor to prevent the construction, reconstruction, alteration,
or demolition of any such feature which the Building Official certifies
is required by the public safety because of unsafe or dangerous condition,
nor to prevent the construction, reconstruction, alteration or demolition
of any such feature under a permit issued by the Building Official
prior to the effective date of establishment of the district.
This article and any amendment hereof shall
be recorded in the Land Records of the Town of Clinton and indexed
by the Town Clerk in the Grantor Index under the names of the owners
of record of such real property as is included within the district.