[Adopted 5-17-1993 as
Ch. 2.124 of the 1993 Code]
The ordinance codified in this article shall be known and may
be cited as the "Historic Districts Ordinance" of the City of Quincy
and is adopted pursuant to the provisions of 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 its architecture,
and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith. Regulations
may be promulgated by the Historical Commission, in accordance with
the provisions of MGL c. 40C, in order to fulfill the purposes of
this article.
As used in this article, the following terms shall have the
meanings indicated:
ALTERED
Includes the words "rebuilt," "reconstructed," "restored,"
"removed" and "demolished" and the phrase "changed in exterior color."
BUILDING
A combination of materials forming a shelter for persons,
animals or property.
COMMISSION
The Commission acting as the Historical Commission.
CONSTRUCTED
Includes the words "built," "erected," "installed," "enlarged"
and "moved."
EXTERIOR ARCHITECTURAL FEATURE
Such portion of the exterior of the building or structure
as is open to view from a public street, public way, public park or
public body of water, including but not limited to the architectural
style and general arrangement and setting thereof, the kind, color
and texture of exterior building materials, the color of paint or
other materials applied to exterior surfaces and the type and style
of windows, doors, lights, signs and other appurtenant exterior fixtures.
PERSON AGGRIEVED
An applicant, an owner of property adjoining the property
of an applicant, an owner of property within the same historic district
as the property of an applicant and within 100 feet of said property
as measured from a property line, and any charitable corporation which
one of whose purposes is the preservation of historic structures or
districts.
STRUCTURE
A combination of materials other than a building, including
a sign, fence, wall, terrace, walk or driveway.
[Amended by Order No. 97-337]
A. When required. Except as otherwise provided in §
180-8 or
180-9, no building or structure within an historic district shall be constructed or altered in any way that affects an exterior architectural feature unless the Commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship with respect to such construction or alteration.
B. Application; required contents. Any person who desires to obtain
a certificate from the Commission shall file with the Commission an
application therefor in such form as the Commission may reasonably
determine, together with such plans, elevations, specifications, material
or other information, including, in the case of demolition or removal,
a statement of the proposed condition and appearance of the property
thereafter, as may be reasonably deemed necessary by the Commission
to enable it to make a determination on the application.
C. Required for building permit issuance. No building permit for construction
of a building or structure or for alteration of an exterior architectural
feature within an historic district and no demolition permit for demolition
or removal of a building or structure within an historic district
shall be issued by the Director of Inspectional Services until the
certificate required by this section has been issued by the Commission.
Nothing in this article shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
within an historic district which does not involve a change in design,
material, color or the outward appearance thereof; nor to prevent
landscaping with plants, trees or shrubs; nor construed to prevent
the meeting of a requirement certified by a duly authorized public
officer to be necessary for public safety because of an unsafe or
dangerous condition; nor construed to prevent any construction or
alteration under a permit duly issued prior to the effective date
of the ordinance codified in this article.
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, appeal to the Superior Court for Norfolk County,
in accordance with the provisions of MGL c. 40C, § 12A.
[Amended by Order No. 97-337]
A. The Superior Court for Norfolk County may, in accordance with the
provisions of MGL c. 40C, § 13, enforce the provisions of
this article and any determination, ruling or regulation issued pursuant
thereto and may, upon the petition of the Commission or at the request
of the Commission or the Director of Inspectional Services, restrain
by injunction violations thereof, and, without limitation, such court
may order the removal of any building, structure or exterior architectural
feature constructed in violation thereof, or the substantial restoration
of any building, structure or exterior architectural feature altered
or demolished in violation thereof, and may issue such other orders
for relief as may be equitable.
B. Whoever violates any of the provisions of this article shall, in
addition to such other penalty as may be provided by law, be subject
to a fine of $100, imposed by the Commission through the Director
of Inspectional Services or designee of the Mayor, as a noncriminal
disposition pursuant to MGL c. 40, § 21D. Each day during
any portion of which a violation continues to exist shall constitute
a separate offense. The Director of Inspectional Services or designee
of the Mayor shall permit a grace period of seven days after notice
of a violation prior to the imposition of a fine.
[Adopted 5-17-1993 as
Ch. 15.24 of the 1993 Code]
The Quincy Center Historic District and the Adams Birthplace
Historic District shall be administered by the Historical Commission
of the City in accordance with the provisions of MGL c. 40C.
No demolition of any building cited on List A, titled "Certificate
of Appropriateness for Demolition Required," on file in the office
of the City Clerk and made part of this article, shall be undertaken
within an historic district unless the Commission shall first have
issued a certificate of appropriateness or a certificate of hardship
with respect to such demolition. No board, commission, department
or agency of the City shall give final approval to the demolition
of any building cited on List A without first receiving proof that
the property owner has obtained a certificate of appropriateness or
a certificate of hardship from the Commission. Demolition of any building
within the historic districts, other than those cited on List A, does
not require a certificate from the Commission.
The Commission shall submit all determinations regarding major
new developments or major rehabilitation projects and the reasons
for such determinations to the City Council. The City Council shall
then review the proposal and shall annul the determination of the
Commission if it finds the decision of the Commission inconsistent
with the City's future growth objectives and the objectives of this
article. Major new developments and major rehabilitation are defined
to be projects with a gross building floor equal to or greater than
30,000 square feet.