[HISTORY: Adopted by the City Council of
the City of Northampton 6-2-1994 (Ch. 26 of the 1977 Code). Amendments noted where applicable.]
The purpose of this chapter is to promote the
educational, cultural, economic, and general welfare of the public
through the preservation and protection of the distinctive characteristics
of buildings and places significant in the history and architecture
of the City of Northampton and the Commonwealth of Massachusetts,
through the maintenance and improvement of settings for such buildings
and places, and through the encouragement of design compatible therewith.
An Elm Street Historic District (District) is
established within the City of Northampton, in accordance with Chapter
40C of the Massachusetts General Laws. The Elm Street Historic District
shall be bounded as shown on a map entitled "Elm Street Historic District,
City of Northampton" attached and made part of this chapter.[1]
[1]
Editor's Note: The map is on file in the Clerk's
office.
[1]
Former §§ 195-3, Historic District Commission,
and 195-4, Powers and duties of Commission, as amended, were repealed
12-4-2014. See now the Administrative Code, included in the City Code
following the Charter.
[Added 3-3-2011[1]]
All projects fall under one of the following three categories:
exempt, potentially exempt, or nonexempt. The Commission is authorized
to add additional projects as exempt or potentially exempt.
A.
Exempt
from Historic District review (Property owners may apply for a certificate
of nonapplicability if they want a written record.):
(1)
General
exemptions.
(a)
Interior work and use of premises are not subject to any review.
(b)
Exterior architectural features not visible from a public way, provided
that they would not be visible even in the absence of all freestanding
walls and fences, signs, accessory structures, and landscaping.
(c)
Meeting any requirements certified by a duly authorized public officer
to be necessary for public safety because of an unsafe or dangerous
condition.
(d)
Projects within the City right-of-way, when undertaken by the City
or its agents or designees, after consulting with the Commission (but
no permit or approval is required).
(2)
Access
devices/ramps that are temporary and involving no permanent alteration
to existing physical structures, and in existence for six months or
less.
(3)
Air
conditioners: window only.
(4)
Antennas:
rooftop TV and satellite dishes with a diameter of 12 inches or less.
(5)
Art:
outdoor freestanding art that is not an advertisement and does not
alter any exterior feature of a building.
(6)
Chimneys:
repointing with the same materials and matching mortar color to existing
mortar.
(7)
Cornices,
columns, pediments and trim: repair and replacement with the same
materials and design or appearance.
(8)
Doors:
replacement with no change in opening dimensions, design or material;
storm doors.
(10)
Fences, when not part of any other structure or functioning as retaining walls when such fences are allowed as-of-right by Chapter 350, Zoning.
(11)
Foundations:
minor repairs with the same materials and color.
(12)
Gutters,
downspouts and water cisterns: repair and replacement with the same
general design (but not necessarily materials), provided that downspouts
are at the corner of a building and are vertical (no diagonal or horizontal
downspouts) and cisterns or water tanks do not extend more than three
feet above grade.
(13)
Landscaping,
grading, terraces, walks, and sidewalks: planting, pruning, trimming
or removal of trees, shrubs, flowers and other plants and grading,
provided that no retaining walls are required nor any alteration to
the siding on any building.
[Amended 12-7-2017 by Ord. No. 17.383]
(15)
Mailboxes.
(16)
Masonry
and stucco: minor repairs when using the same materials, design and
color.
(17)
Paint
color.
(18)
Parking
areas on the side or rear of the principal building.
(20)
Siding:
repairs when using the same materials, color and dimensions.
[Amended 12-7-2017 by Ord. No. 17.383]
(22)
Steps,
stairways and railings: repair and replacement with the same materials
and design or appearance.
(23)
Solar,
rooftop-mounted panels only if consistent with design standards.
[Amended 12-7-2017 by Ord. No. 17.383]
(25)
Windows:
screens and storm windows only.
B.
Potentially
exempt with a certificate of nonapplicability from the Director of
Planning and Sustainability or his/her designee, based on the standards
herein and in the Design Standards:
[Amended 12-7-2017 by Ord. No. 17.383]
(1)
Access
devices and ramps not facing a street and not altering the historic
character of a structure.
(2)
Air
conditioners, compressors, and exterior equipment not in front of
the principal building on a site and adequately screened.
(3)
Cornices,
columns, pediments and trim: repair and replacement with the same
design or appearance but different materials.
(4)
Doors:
replacement or repair of non-street-facing doors with the same essential
design features (but not necessarily the same materials).
(5)
Foundations,
masonry, stucco, and chimneys: restoration and major repairs with
the same design and materials if such work is historically accurate.
(6)
Gutters,
downspouts, and water cisterns: new installations, provided that downspouts
are at the corner of a building and are vertical (no diagonal or horizontal
downspouts) and cisterns or water tanks are placed out of public view
or do not extend more than three feet above grade and are properly
screened.
(8)
Solar
tubes (but not skylights) and air vents: exterior vents and solar
tubes not distracting from the historic integrity of the building.
(9)
Railings:
replacement with the same design but different materials.
(10)
Roofs:
reroofing with different materials and/or design, but a compatible
design, but not changing to a metal roof.
(11)
Windows:
duplication or rehabilitation of existing windows, provided that the
new windows are identical in size to the old windows, have the same
style and details and are consistent with the Design Standards.
(12)
Siding:
replacement with the same materials and dimensions.
C.
Nonexempt:
All other projects not exempted above and all appeals of a denial
of a certificate of nonapplicability require a certificate of appropriateness
or a certificate of hardship from the Commission.
[1]
Editor's Note: This ordinance also repealed former § 195-6,
Exemptions, as amended.
The following procedures shall apply to properties
within the Historic District. All procedures shall be in accordance
with Chapter 40C of the Massachusetts General Laws:
A.
Prior to any construction, alteration, or demolition that in any way affects exterior architectural features, except those activities exempted in § 195-5, a landowner or applicant must apply for and receive a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship from the Historic District Commission.
B.
To apply for a certificate, the applicant must complete
and file the Commission's application form, with the appropriate number
of copies and supplementary material. Said application must be filed
with the City Clerk.
[Amended 2-19-2009]
C.
A person may apply for a certificate of nonapplicability
to determine if a project involves a regulated architectural feature.
Within 14 days, the Commission or its duly authorized subcommittee
or agent shall issue a certificate of nonapplicability if it finds
that the project would not involve any exterior architectural feature
or would only involve exterior architectural features that are exempt
from review. A denial of a certificate of nonapplicability by a subcommittee
or agent may be appealed to the full Commission within 14 days of
its denial. In reviewing a denial, the Commission shall follow the
same procedures as for any other request for a certificate of nonapplicability
that is heard by the full Commission.
[Amended 2-6-1997; 2-19-2009]
D.
A person may apply for a certificate of appropriateness
to determine if a project will be appropriate for or compatible with
the preservation of the Historic District.
(1)
Within 14 days, the Commission shall issue a certificate
of nonapplicability, as described above, or determine that a public
hearing on the application is required.
(2)
Within 30 days after the required public notice and
public hearing, the Commission shall issue a certificate of appropriateness
with suitable conditions, if any, or disapprove the application. The
public hearing may be waived in accordance with Chapter 40C.
(3)
If the application is going to be disapproved, the
Commission must first notify the applicant of the reasons for such
disapproval and recommend changes in the applicant's proposal which,
if made, would make the application acceptable to the Commission.
If within 14 days the applicant files a written modification of the
project in conformity with the recommended changes, the Commission
shall issue a certificate of appropriateness.
(4)
If the Commission finds that a project is inappropriate
(certificate is disapproved), it shall consider whether a certificate
of hardship should be issued.
E.
A person may apply for a certificate of hardship to
determine whether there is a unique hardship. The Commission shall
issue a certificate of hardship when it finds that, owing to conditions
especially affecting the building or structures involved, but not
affecting the historic district generally, failure to approve an application
will involve a substantial hardship, financial or otherwise, to the
applicant and whether such application may be approved without substantial
detriment to the public welfare and without substantial derogation
from the intent and purposes of this chapter.
F.
A landowner in the district or his or her representative
may request informal assistance from the Commission in planning alterations
or new construction. The Commission shall offer informal advice and
comments to any proposal. This advice, however, cannot be binding
on the Commission when it formally reviews an application for a certificate.
[Amended 2-19-2009]
This chapter may be enforced by criminal and noncriminal penalties and injunctive relief, in accordance with Chapter 40C of the Massachusetts General Laws and Chapter 40 of the Northampton Code of Ordinances.
[Added 2-6-1997]
A.
Any person aggrieved by a determination of the Commission
may, within 20 days after the filing of the notice of such determination
with the City Clerk, file a written request with the Commission for
a de novo review by a person or persons of competence and experience
in such matters, designated by the Pioneer Valley Planning Commission.
B.
The Pioneer Valley Planning Commission's designee's(s')
finding shall be filed with the City Clerk within 45 days after the
request and shall be binding on the applicant and the Commission,
unless a further appeal is sought in Superior Court, as provided in
MGL c. 40C.
Any portion of this chapter may be amended by
a two-thirds vote of the City Council, in accordance with the provisions
of Chapter 40C of the Massachusetts General Laws.
This chapter shall take effect upon appointment
of the initial members of the Historic District Commission and filing
of the map of the boundaries of the Historic District with the Northampton
City Clerk and the Hampshire County Registry of Deeds.
