This article shall be known as the "Taunton Historic District
Ordinance" and is adopted pursuant to MGL c. 40C, as amended.
The purpose of this article 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 of the City or their architecture,
and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith.
There is hereby established under the provisions of MGL c. 40C,
as amended, an historic district to be known as the "Taunton Historic
District" which shall be bounded as described in Appendix I attached
hereto and as shown on a plan affixed hereto marked Appendix II. Said
description and plan shall be parts of this article and are hereby
incorporated by reference.
The Historic District Commission shall have all the powers and
duties of an historic district commission as provided by the Historic
Districts Act, MGL c. 40C, and subsequent amendments thereto unless
specifically limited by this article or subsequent amendment of this
article.
A. Rules and regulations. The Commission may adopt rules and regulations
not inconsistent with the provisions of the Historic Districts Act.
B. Expenditures. The Commission may, subject to appropriation and budget
limitations, employ clerical and technical assistance or consultants
and incur other expenses appropriate to the carrying on of its work,
provided that the City appropriates funds for these purposes.
C. General regulatory powers. The Commission shall have control of new
construction, reconstruction, alterations, relocation and demolition
of buildings and structures and of all exterior architectural features
of buildings and structures within the historic district which are
visible from any public way within the historic district except as
limited by this article. The term "structure" includes stone walls,
fences, driveways, walks, terraces, storm doors, steps, pavings, signs,
lights and appurtenant fixtures on lots, buildings or structures but
is not limited to the same. For the purposes of this article, any
structure partially within the historic district shall be wholly within
the district. The Commission may also administer for the City any
properties which the City may vote to place in its care and may be
assigned any other related powers by vote of the Municipal Council.
Properties administered by the Commission may include leasehold interests
or any ownership rights of the City equal to or less than a fee simple.
D. Consideration. In passing upon matters before it, the Commission
should consider, among other things, the historic and architectural
value and significance of the site, building or structure and the
general design arrangement of the features involved in relation of
such features to similar features of buildings and structures in the
surrounding area. In a case of new construction or addition to existing
buildings or structures, the Commission shall consider the appropriateness
of the size and shape of the building or structure, both in relation
to the land area upon which the building or structure is situated
and to buildings and structures in the vicinity, and the Commission
may, in appropriate cases, impose dimensional and setback requirements
in addition to those required by the applicable zoning ordinance.
E. Waiver of review. The Commission may determine, from time to time,
after public hearing, that certain categories of exterior architectural
features, structures or signs may be constructed or altered without
review by the Commission. The Commission may, after public hearing,
set forth the various designs of certain appurtenances such as light
fixtures which will meet the requirements of an historic district,
but no such determination shall limit the right of an applicant to
present other designs to the Commission for its approval.
F. Regulation. The Historic District Commission, by a majority of members
entitled to vote and constituting at least a quorum, may delegate
the responsibility of administering the provisions of this article
to one of its members. This member so appointed shall represent the
Commission and shall be given authority to locate potential violations
of this article, to bring them to the knowledge of the Commission,
and to serve notice to the offending party of the potential violation.
The Zoning Enforcement Officer will further be given authority to
call a special meeting of the Commission for purposes of enforcing
this article.
The Historic District Commission shall not make any recommendations
or requirements with regard to the following:
B. The color of materials used on roofs.
C. Storm windows, window screens and television antennas.
D. Temporary signs, provided that the sign is a single- or double-faced
sign and does not exceed six square feet in area, and further provided
that said temporary sign will be removed within a reasonable period
of time not to exceed 30 days after its use. Examples: Political signs
shall be taken down within 30 days after the date of the election;
signs of real estate brokers shall be taken down within 30 days after
the date that the transaction has been consummated. Under no conditions
shall more than one temporary sign be placed on each lot. Temporary
signs should not be illuminated in any way, whether it be directly
or indirectly. No control shall exist over temporary signs for charitable,
religious, and nonprofit organizations or events sponsored by the
same, provided that these organizations are located within the district.
The Commission shall conduct all of its business and execute
all of its duties in accordance with MGL c. 40C, §§ 1
to 17, as amended.
No building permit shall be issued for any building or structure
within the district, whether it be for exterior construction or reconstruction
or demolition, without prior review and approval by the Commission.
No subdivision plan shall be approved without prior review and approval
by the Commission. If buildings or land located within the historic
district is involved, building permits issued and subdivision plans
approved without the approval of the Historic District Commission
shall be invalid and null and void.
The following words and phrases, when used in this article,
shall have the meanings set forth below, unless the context otherwise
requires:
BUSINESS DAY
A day which is not a legal municipal holiday, Saturday or
Sunday.
DEMOLITION
The intentional act of pulling down, destroying, removing
or razing a building or structure or commencing the work of total
or substantial destruction with the intent of completing the same.
HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE
Any building or structure within the City which is determined
by the Commission to be historically significant because such building
or structure is:
A.
Associated with one or more historic persons or events, or with
the architectural, cultural, economic, political or social history
of the City of Taunton; or
B.
Historically or architecturally important (in terms of period,
style, method of building construction or association with a famous
architect or builder) either by itself or in the context of a group
of buildings or structures.
HISTORIC DISTRICT
Taunton Historic District or any other historic district
which may be established in the City of Taunton under MGL c. 40C or
the regulations of the National Register of Historic Places.
PREFERABLY PRESERVED HISTORIC BUILDING OR STRUCTURE
Any historically significant building or structure which
is determined by the Commission, because of the important contribution
made by such building or structure to the historical and/or cultural
resources of the City, to be in the public interest to preserve.
Notice of a hearing or determination provided for in this article
shall be sent by the Commission to the owner of record, the applicant
for the demolition permit (if different from owner of record), the
immediate abutters to the subject property, the Zoning Enforcement
Officer, and to such other persons and organizations in such manner
as the Commission may determine appropriate. The Commission may require
that the applicant maintain on the building which is the subject of
a demolition permit application notice, in a form designated by the
Commission, visible from the nearest public way, of any hearing on
the subject matter of such application, and the applicant shall comply
with such requirements.
Nothing in this article shall be construed to derogate in any
way from the authority of the Zoning Enforcement Officer derived from
MGL c. 143. However, before acting pursuant to said chapter the Zoning
Enforcement Officer shall make every reasonable effort to inform the
Chairperson of the Historic District Commission of his/her intentions
to cause demolition before the Zoning Enforcement Officer initiates
the same.
Nothing in this article shall be deemed to conflict with the
provisions of the Historic Districts Act, MGL c. 40C, with respect
to the requirements of notice, laws, hearing and issuance by the Commission
of a certificate of appropriateness, a certificate of nonapplicability
or a certificate of hardship prior to the demolition of any building
in an historic district. Any temporary building erected or maintained
in an historic district pursuant to a certificate issued by the Commission
may be demolished in a manner consistent with the terms of such certificate.