[Ord. of 4-5-1976, §§ 1, 12]
(a)
In order to promote the educational, cultural, economic and general welfare of the City and others through the preservation and protection of buildings and places of historic interest and through the development of appropriate settings for such buildings and places, there is hereby established, pursuant to Sections 7-147a to 7-147m, inclusive, of the Connecticut General Statutes (Rev. 1958) as amended, an historic district to be known on the map referred to in Subsection (b) of this section.
(b)
The boundaries of the Milford Historic District No. 1 shall be as
shown on a map, "Historical District Map. Milford, Connecticut," which
is on file in the office of the City Clerk.
[Ord. of 4-5-1976, § 2; Ord. of 3-8-1977; Ord. of 1-3-2000, § 1]
A Milford Historical District Commission, hereinafter referred
to as the "Commission," consisting of five members and three alternates,
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 Sections 7-147a to 7-147m, inclusive, of the Connecticut
General Statutes (Rev. 1958) as amended and in this article.
[Ord. of 4-5-1976, § 3; Ord. of 3-8-1977; Ord. of 1-3-2000, § 1]
The Board of Aldermen of the City shall appoint five members
and three alternates to the Commission in such manner that the terms
of one member shall expire on the first day of January of each year,
commencing in 1977 and continuing to 1981, inclusive. All subsequent
appointments shall be made by the Board of Aldermen and shall be for
a term of five years or for the duration of an unexpired term only.
At least two of the members of the Commission shall at all times be
residents of an historical district. Members and alternates shall
be electors of the City holding no salaried City office. Within a
period of 30 days after the appointment of members to the first Commission,
said members shall meet, organize and elect a Chairman, Vice Chairman
and Clerk from the members. Within a period not exceeding 30 days
after the first day of January of each year succeeding commencing
after the first day of January of each succeeding year commencing
in 1976, the members of the Commission shall elect a Chairman, Vice
Chairman and a Clerk from the members. All members and alternates
shall serve without compensation.
[Ord. No. 4-5-1976, § 4]
The Commission created by Section 18-148 of this article shall be vested with all powers and shall faithfully perform all duties imposed upon historic district commissions in Sections 7-147a to 7-147m, inclusive, of the General Statutes of Connecticut (1958 Rev.) as amended. The Commission shall fix the time and place of its regular meetings and provide a method for calling special meetings. It shall determine its own rules of procedure. The presence of three members shall constitute a quorum. The Commission may adopt regulations, rules of procedure and orders to carry out the purpose of this article.
[Ord. of 4-5-1976, §§ 5a, 5b]
(a)
No building or structure shall be erected, altered, restored, moved or demolished within the Milford Historic District No. 1 until after an application for a certificate of appropriateness as to exterior architectural features has been submitted to the Commission and approved by the Commission created by Section 18-148 of this article.
(b)
"Exterior architectural features" shall include such portion of the
exterior of a structure as is open to view from a public street, way
or place. The style, material, size and location of outdoor advertising
signs and bill posters within the Milford Historic District No. 1
shall also 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.
(c)
No area within an historic district shall be used for industrial,
commercial, business, home industry or occupation parking whether
or not such area is zoned for such use, until after an application
for a certificate of appropriateness as to parking has been filed
with the Commission or the Clerk of the City and approved by the Commission.
The provisions of this paragraph shall apply to the enlargement or
alteration of any such parking area in existence on the effective
date of the ordinance of April 5, 1976, creating the provisions contained
in this article.
[Ord. of 4-5-1976, § 6]
(a)
The Commission created by Section 18-148 of this article shall hold a public hearing upon each application for a certificate of appropriateness as to exterior architectural features or as to parking. Notice of 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 City at least seven days before such hearing. Within not more than 60 days after the filing of an application as required by Section 18-151, 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 Section 18-151, shall be by certificate of appropriateness issued by the Commission. Failure of the Commission to act within said 60 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)
For the purposes of this article, an application will be considered
to have been filed upon the receipt of said application by the Clerk
of the Commission, or, if there is no such Clerk, upon the receipt
of said application by the City Clerk, who will immediately forward
the application to the Commission noting the time of said receipt.
(c)
In its deliberations the Commission shall not consider interior arrangement
or use and shall take no action except for the purpose of preventing
the erection, reconstruction, restoration, alteration or razing of
buildings in the Milford Historic District No. 1 obviously incongruous
with the historic 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 committee record of its proceedings.
[Ord. of 4-5-1976, § 7]
If the Commission determines that the proposed erection, construction,
restoration, alteration, razing or parking will be appropriate, it
shall issue a certificate of appropriateness. In passing upon appropriateness
as to exterior architectural features, the Commission shall consider,
in addition to any other pertinent factors, the historical and architectural
value and significance, architectural style and general design of
the architectural features involved and the relationship thereof to
the exterior architectural style and pertinent features of other structures
in the immediate neighborhood. A certificate of appropriateness may
be refused for any building or structure, the erection reconstruction,
restoration, alteration or razing of which, in the opinion of the
Commission, would be detrimental to the interest of the Milford Historical
District No. 1.
[Ord. of 4-5-1976, § 8]
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 Sections 7-147a to 7-147k, inclusive, of the General Statutes of Connecticut (1958 Rev.) as amended or of this article would result in exceptional practical difficulty or undue hardship upon the owner of any specific property, the Commission created by Section 18-148 of this article, in passing upon applications for a certificate required by Section 18-151, 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.
[Ord. of 4-5-1976, § 9]
If any action or ruling taken by the Commission created by Section 18-148 of this article pursuant to the provisions of Sections 7-147a to 7-147k, inclusive, of the General Statutes of Connecticut (1958 Rev.) as amended or of this article has been violated, the Commission may, in addition to other remedies, institute an action of proceeding to prevent such unlawful erection, construction, reconstruction, alteration, razing, maintenance or use 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 such sections of the General Statutes of Connecticut (1958 Rev.), as amended, or of this article, shall be enforced by the Building Inspector of the City, hereinafter referred to as the "Building Inspector," who 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 (1958 Rev.) as amended or of this article. The owner or agent of any building or premises where such a violation has been committed or exists, or where the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists, shall be subject to punishment as provided in Section 1-9 of this Code of Ordinances, for each day that such violation continues, and the circuit court wherein such violation continues or exists shall have jurisdiction of all such offenses, subject to appeal as in other cases.
[Ord. of 4-5-1976, § 10; Ord. of 1-3-2000, § 2]
Any person or persons severally or jointly aggrieved by any decision of the Commission created by Section 18-148 of this article or of any officer thereof may, within 15 days from the date when such decision was rendered, take an appeal to the judicial district of Ansonia-Milford at Milford, 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 shall be the same as that defined in Section 8-8 of the General Statutes of Connecticut (Revision of 1958) as amended.
[Ord. of 4-5-1976, § 11]
Nothing in this article shall be construed to prevent the ordinary
maintenance or repair of any exterior feature in the Milford Historic
District No. 1 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 inspector certifies is required
by the public safety because of an unsafe or dangerous condition;
nor to prevent the construction, reconstruction, alteration or demolition
of any such feature under a permit issued by the building inspector
prior to the effective date of establishment of the district.
[Ord. of 4-5-1976, § 13]
The facilities and services of the City Planner, his staff and office, shall be available to the Commission created by Section 18-148 of this article as it may reasonably require. The Commission shall otherwise operate within the amount of the appropriation provided in the City budget each year.
