[HISTORY: Adopted by the Municipal Council of the City of
Taunton as Rev. Ords. 1964, §§ 22-1 to 22-8; amended 2-13-1979 (Ch. 10, Art.
II, of the 2010 Code). Subsequent amendments noted where applicable.]
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.[1]
[1]
Editor's Note: The description and plan are on file in the
office of the City Clerk.
A.Â
Membership. There is hereby established under MGL c. 40C an Historic
District Commission consisting of seven members and three alternate
members appointed by the Mayor and approved by the Municipal Council.
These members shall include one from two nominees submitted by the
Old Colony Historical Society, one member from two nominees submitted
by the Boston Society Chapter of the American Institute of Architects
and one member from two nominees submitted by the North Bristol County
Board of Realtors and at least one resident of the district. Members
chosen from nominees made by the American Institute of Architects
and the Board of Realtors need not be residents of the City.
B.Â
Terms of office. When the Commission is first established, the members
from the Old Colony Historical Society, from the chapter of the American
Institute of Architects and from the Board of Realtors shall be appointed
for three-year terms. Two other individuals will be appointed for
two-year terms and two individuals for a one-year term. One of the
two-year or one-year terms is to be filled by a resident of the district.
Three alternate members will also be appointed, one for a one-year
term, one for a two-year term, and one for a three-year term. Qualifications
for membership should include the individual's knowledge and appreciation
of historic and architectural values and the significance of this
district and the buildings involved.
C.Â
Vacancy. Vacancies shall be filled within 60 days by the Mayor by
appointment for the unexpired term.
D.Â
Compensation. All members and alternate members shall serve without
compensation.
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.Â
Rules and regulations. The Commission may adopt rules and regulations
not inconsistent with the provisions of the Historic Districts Act.
B.Â
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.Â
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.Â
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.Â
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.Â
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.[1]
The Historic District Commission shall not make any recommendations
or requirements with regard to the following:
A.Â
The color of the paint.
B.Â
The color of materials used on roofs.
C.Â
Storm windows, window screens and television antennas.
D.Â
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.
[Added 5-7-1996]
A.Â
This article is adopted to protect and preserve buildings and structures
within the City which reflect or constitute distinctive features of
the architectural, cultural, economic, political or social history
of the City and to encourage the preservation and restoration rather
than demolition of such buildings and structures and, by furthering
these purposes, to promote the public welfare and to make the City
a more attractive and desirable place in which to live and work.
B.Â
To achieve this purpose, the Taunton Historic District Commission
(hereinafter "the Commission") is empowered to advise the Taunton
Zoning Enforcement Officer with respect to the issuance of permits
for demolition. Further, the Commission is mandated to offer its advice
and expertise to owners of preferably preserved buildings and structures.[1]
C.Â
The issuance of demolition permits is regulated as described hereafter
in this article.
The following words and phrases, when used in this article,
shall have the meanings set forth below, unless the context otherwise
requires:
A day which is not a legal municipal holiday, Saturday or
Sunday.
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.
Any building or structure within the City which is determined
by the Commission to be historically significant because such building
or structure is:
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
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.
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.
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.
A.Â
The provisions of this article shall apply only to any building or
structure which, in whole or in part, was built 50 or more years prior
to the date of the application for the demolition permit and is:
(1)Â
A building or structure listed or eligible to be listed on the National
Register of Historic Places or on the State Register;
(2)Â
A building or structure significantly associated with one or more
historic persons or events, or with the broad architectural, cultural,
economic, political or social history of the City;
(3)Â
A building or structure which is historically or architecturally
significant in terms of period, style, method of building construction
or association with a significant architect or builder either by itself
or as part of a group of buildings; or
(4)Â
A building or structure located within 150 feet of a federal, state
or local historic district boundary.
B.Â
The provisions of this article shall not apply to buildings or structures
containing less than 500 square feet of floor space unless such building
or structure is listed on the National Register of Historic Places.
[Amended 7-11-2000]
A.Â
No permit for the demolition of any building or structure shall be
issued other than in conformity with the provisions of this article,
as well as in conformity with the provisions of the other laws and
ordinances applicable to the demolition of buildings and structures
and the issuance of permits generally.
B.Â
Completed applications are to be filed with the Building Department
and dispersed to the City Planner and Historic District Commission
by the Building Department.
C.Â
Within 10 business days from receipt by the Commission of an application for a demolition permit, the Commission shall make a determination of whether or not the building or structure is a regulated building or structure, and if the Commission determines that the building or structure is regulated by this article, the Commission shall also determine within the same 10 business days whether or not the building or structure may be an historically significant building or structure. If the Zoning Enforcement Officer does not receive the opinion of the Commission in regard to these determinations within 15 business days of the date of the receipt of the application by the Commission, then, subject to § 273-15 of this article, the Zoning Enforcement Officer may grant the permit applied for.
D.Â
If the Commission determines that the building or structure is not
regulated by this article or is not historically significant, the
demolition permit application shall be approved and signed by the
Commission and returned to the Zoning Enforcement Officer. Upon receipt
of such, the Zoning Enforcement Officer may, subject to the requirements
of the Building Code and any other applicable laws, issue the demolition
permit.
E.Â
If the Commission determines that the building or structure may be
an historically significant building or structure, the Commission
shall review the application for demolition at a public hearing to
be held within 20 business days of determination that the subject
building or structure may be an historically significant building
or structure. The Commission shall cause to be published in a newspaper
of local circulation notice of the date and place of such public hearing,
cost of such publication to be borne by the applicant. Such notice
shall specify the address of the subject building and shall be published
in said newspaper once during each of the two weeks preceding the
date of such public hearing. No less than five business days before
the public hearing the applicant for the demolition permit shall submit
to the Commission three copies of a demolition plan which shall include
the following:
(1)Â
A map showing the location of the building or structure to be demolished
on its property and with reference to the neighboring properties;
(2)Â
Photographs of all street facade elevations;
(3)Â
A description of the building or structure, or part thereof, to be
demolished;
(4)Â
The reasons for the proposed demolition and data supporting said
reason; and
(5)Â
A brief description of the proposed reuse of the property on which
the building or structure to be demolished is located.
F.Â
After said public hearing, the Commission shall, within 10 business
days, determine whether or not the subject building or structure is
historically significant and a preferably preserved building or structure
and notify in writing the applicant and the Zoning Enforcement Officer
of its determination, stating the reasons for such decision.
G.Â
If the determination is that the subject building or structure is
both historically significant and preferably preserved, the Zoning
Enforcement Officer shall not issue a demolition permit for a period
of six months from the date of such determination, unless the Commission
informs the Zoning Enforcement Officer in writing prior to the expiration
of the six-month period that:
(1)Â
The Commission is satisfied that the applicant has made a bona fide,
reasonable, and unsuccessful effort to locate a purchaser for the
building or structure who is willing to preserve, rehabilitate or
restore the building or structure; or
(2)Â
The applicant has agreed to accept a demolition permit according
to certain conditions approved by the Commission.
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.
A.Â
The Zoning Enforcement Officer is specifically authorized to institute
any actions, in law or in equity, as deemed necessary to obtain compliance
with or to prevent a threatened violation of this article.[1]
B.Â
Any owner of a building determined by the Commission to be a preferably
preserved historic building or structure who causes the building to
be demolished without first obtaining a demolition permit in accordance
with the provisions of this article shall be subject to a fine of
not more than $300. The provisions of this article may be enforced
in equity in the Superior Court by a petition brought by the Historic
District Commission on behalf of the City of Taunton.
