A.
It is hereby declared as a matter of public policy that the recognition,
preservation, enhancement, and continued use of buildings, structures,
sites, and areas within the Historic District defined in this chapter
having historical, architectural, cultural, or design significance
are required in the interest of the economic prosperity, cultural
enrichment, health, and general welfare of the community.
B.
The purposes of this article are to:
(1)
Safeguard the heritage of the Town of Bedford by providing for the
protection of the structures and areas representing significant elements
of its cultural, social, economic, political, and architectural history;
(2)
Enhance the visual character of the municipality by encouraging and
regulating the compatibility of new construction within the Historic
District to reflect or respect established architectural traditions;
(3)
Foster public appreciation of, and civic pride in, the beauty of
the Town of Bedford and the accomplishments of its past;
(4)
Strengthen the economy of the Town of Bedford by protecting and enhancing
the attractiveness of the community to residents, tourists, and visitors;
(5)
Conserve property values within the Town of Bedford; and
(6)
Promote the private and public use of structures and areas within
the Historic district of the Town of Bedford for the education, pleasure,
prosperity, and general welfare of the community.
A.
The Historic District Commission shall adopt and amend regulations
for the administration of the Historic District.
B.
The Historic District Commission shall be responsible for the administration
of this article and regulations within the Historic District.
C.
The Historic District Commission shall review all applications for
permits for construction, alteration, removal, or demolition within
the Historic District.
D.
Such powers of review shall be limited to those considerations which
will have an impact on the character and integrity of the district.
F.
The Historic District Commission shall have the power to accept and
use gifts, grants, or contributions for the exercise of its functions.
The location of the Historic District of the Town of Bedford
shall be shown on the Zoning Map, Town of Bedford, New Hampshire.
A.
Regulated activities. It is unlawful for any person to construct,
alter, move, or demolish any building, structure, or improvement which
lies within the Historic District without first obtaining a certificate
of approval from the Historic District Commission.
[Amended 3-14-2006]
B.
Historic Commission review. For the purpose of this article, the
following activities shall be reviewed by the Historic District Commission
and as detailed in the Historic District Commission Regulations:
[Amended 3-14-2006]
(1)
Erection, alteration, sand blasting, abrasive cleaning, relocation,
or demolition of the building or structure, and construction on any
site;
[Amended 3-14-2006]
(2)
Erection, alteration, or removal of any exteriors or visible features
of a building or structure;
(3)
Construction or reconstruction of any stone wall or fencing; and
[Amended 3-14-2006]
(4)
Grading, excavation, or removal of stone walls, fences, and trees.
[Amended 3-14-2006]
The Historic District Commission shall not require review of
the following activities and as detailed in the Historic District
Commission Regulations:
A.
Ordinary maintenance and repair. Ordinary maintenance and repair
of any architectural feature which does not involve removal or a change
in design, dimensions, materials, or outer appearance of such features.
The following procedures shall be followed in processing applications
for approval of work covered by this article:
A.
Application. An application, on forms established by the Historic
District Commission, shall be submitted to the Historic District Commission
for review and approval of any work to be performed within the Historic
District of the Town of Bedford.
B.
Fees. The applicant shall be required to pay an application fee and
legal notice fee as established by the Historic District Commission.
C.
Project
description. The application shall include a narrative description
of the project and graphic materials of sufficient clarity and detail
to give the Commission a clear and certain understanding of the applicant's
intention regarding the work contemplated and its consistency with
the Historic District Ordinance and regulations.
D.
Application documents. The applicant shall supply site plans, building
plans, elevations, perspective sketches, photographs, building material
samples, or other information reasonably required by the Commission
to make its determination of approval or disapproval.
E.
Review by additional Town officials. In reviewing the application
package, the Commission may request reports and recommendations regarding
the feasibility of the applicant's proposal from the Planning Board,
Fire Chief, Building Code Official, Health Officer, and other administrative
officials who may possess information concerning the impact of the
proposal on the Historic District.
F.
Hearing The Historic District Commission shall conduct a hearing
on all applications, providing notice as required by law to each abutting
property owner and the general public.
G.
Approval. The Commission shall issue a certificate of approval or
notice of disapproval within 10 calendar days of the date of the final
hearing unless the applicant shall agree to an extension in writing.
[Amended 3-14-2006]
In making a determination on an application, the Historic District
Commission shall take into account the purposes of this article and
consider, but not be limited to, the following:
A.
Historical, architectural, or cultural value. The historical, architectural,
or cultural value of the subject building(s), structure(s), or landscape(s),
and their relationship and contribution to the setting.
B.
Compatibility. The compatibility of the exterior design, arrangement
of elements, texture, and materials proposed to be used in relationship
to existing buildings or structures and their settings.
C.
Scale and size. The scale and general size of new construction in
relation to existing surroundings with consideration of such factors
as height, width, street frontage, number of stories, roof type, facade
openings, and architectural detail.
D.
Other factors. Other factors, including yards, off-street parking,
screening, fencing, entrance drives, sidewalks, signs, lights, and/or
landscaping which might effect the character of any buildings or structures
within the district and similar factors which related to the setting
for such structure or grouping of structures.
E.
Project impact. Impact that the applicant's proposal will have on
the setting and the extent which it will preserve and enhance the
historical, architectural, and cultural qualities of the district
and community.
F.
Compatible use. Every reasonable effort shall be made to provide
a compatible use for a property which requires minimal alteration
of the building, structure, site, and its environment, or to use a
property for its originally intended purpose.
G.
Historical preservation. The distinguishing original qualities or
character of a building, structure, site and its environment shall
not be destroyed. The removal or alteration of any historical material
or distinctive architectural features should be avoided when possible.[1]
H.
Alterations. All buildings, structures, and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
I.
Appropriate changes. Changes which may have taken place in the course
of time are evidence of the history and development of a building,
structure, site, and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
J.
Stylistic features and examples of skilled craftsmanship. Distinctive
stylistic features or examples of skilled craftsmanship which characterize
a building, structure, or site shall be treated with sensitivity.
K.
Restoration vs. replacement.
(1)
Deteriorated architectural features shall be repaired rather than
replaced, whenever possible.
(2)
In the event replacement is necessary, the new material should match
the material being replaced in composition, design, texture, and other
visual qualities.
(3)
Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historical,
physical, or pictorial evidence rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
L.
Cleaning. The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sand blasting and other cleaning
methods that will damage the historical building material shall not
be undertaken.
M.
Preservation of archaeological resources. Every reasonable effort
shall be made to protect and preserve archaeological resources affected
by or adjacent to any project.
N.
Contemporary design. Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural,
or cultural material, and such design is compatible with the size,
scale, color, material, and character of the property, neighborhood,
or environment.
O.
Additions or alterations. Whenever possible, new additions or alterations
to structures shall be done in such a manner that if such additions
or alterations were removed in the future, the essential form and
integrity of the original structure would be unimpaired.
P.
Demolition or relocation of buildings or other structures.
(1)
Before a building or other structure is demolished or moved out of
the district or neighborhood, the applicant shall, in good faith,
prepare a detailed plan for reuse of the vacated sight which the Commission
determines will meet the requirements of a certificate of approval.
(2)
Such certificates of approval for demolition, relocation, or reuse
shall only be granted upon a showing by the applicant that to deny
such certificate would result in a hardship unique to the property
in question and that such hardship is not common to the neighboring
properties within the district or neighborhood.
A.
No regulated activities shall occur without first receiving a certificate
of approval from the Historic District Commission.
[Amended 3-14-2006]
B.
Modifications of approved application
[Amended 3-14-2006]
(1)
Any deviation from the approved application in the actual construction,
renovation, or change in a building or site shall render such application
null and void.
(2)
Modifications to an application must be approved by the Historic
District Commission at a regular public hearing.
(3)
In the event that an unanticipated modification is discovered to
be necessary during the actual construction process, the Bedford Building
Code Official may allow a reasonable substitution in design or materials.
The applicant shall then immediately file an amended plan with the
Historic District Commission.
Any person or persons jointly or severely aggrieved by a decision
of the Historic District Commission shall have the right to appeal
that decision to the Zoning Board of Adjustment in accordance with
state law.
[Added 3-12-1996]
A.
The exterior work of the approved application must be completed within
two years after the issuance of the certificate of approval. "Exterior
work" is defined as construction of the building, painting, landscaping,
driveways, and retaining walls.
