[Comp. Ords. 1983, pg. 62, 6-25-73, § 1]
In order to promote the educational, cultural, economic and
general welfare of the Town 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,
a Durham Historic District is hereby established pursuant to §§ 7-147a
to 7-1471, inclusive, of the General Statutes.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 2]
A Durham Historic District Commission, consisting of five members
and three alternate members is hereby established. It shall be the
purpose of the commission to perform the duties and functions of a
Historic District Commission as provided in §§ 7-147a
to 7-1471, inclusive, of the General Statutes.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 3]
The Board of Selectmen shall appoint five members and three
alternate members to the commission in such a manner that the terms
of one member shall expire on the first day of January of each year
commencing in 1974 and continuing to 1979 inclusive, and the terms
of one alternate member shall expire on the first day of January of
each year commencing in 1974 and continuing to 1977 inclusive. All
subsequent appointments shall be made by the Board of Selectmen and
shall be for a term of five years each except that an appointment
to fill an unexpired term shall be for the duration of such unexpired
term only. At all times at least three members and two alternate members
of the commission shall be residents within the Durham Historic District.
Members and alternate members shall be electors of the Town holding
no salaried Town office. Within a period of 30 days after the appointment
of members to the first commission, such members shall meet, organize,
and elect a chairman, vice-chairman and clerk from its own members.
Within a period not exceeding 30 days after the first day of January
of each succeeding year commencing in 1974, the members of the commission
shall elect a chairman and a clerk from its own members. Alternate
members shall not participate in any election of officers of the commission.
In all other matters when a member of the commission is unable to
act at a particular time because of absence, sickness or self interest,
or other good reason, he shall notify the chairman of the commission,
and the chairman shall designate an alternate member to serve in place
of the member. All members and alternate members shall serve without
compensation.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 4]
The Historic District Commission shall be vested with all powers
and shall faithfully perform all duties imposed upon Historic District
Commissions in §§ 7-147a to 7-147k, inclusive, of the
General Statutes. 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 four
members or alternate members shall constitute a quorum, and no resolution
or vote except a vote to adjourn or to fix the time and place of its
next meeting shall be adopted by less than three affirmative votes.
The commission may adopt regulations, rules of procedure and orders
to carry out the purpose of this article.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 5]
No building or structure shall be erected, altered, restored,
moved or demolished within the historic district 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. 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 historic district 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.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 6]
(a)
The Historic District Commission shall hold a public hearing upon each application for a certificate of appropriateness. 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 Town at least seven days after the filing of an application as required by § 12-45. 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 § 12-45, shall be a certificate of appropriateness issued by the commission. Failure of the commission to act within 60 days shall constitute approval and no 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)
In its deliberations the Historic District 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 historic district obviously incongruous
with the historic aspects of the district. The commission shall set
forth its reasons for approving or denying each application for a
certificate of appropriateness in its written notice of its decision
to the applicant and in the commission record of its proceedings.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 7]
If the Historic District Commission determines that the proposed
erection, construction, restoration, alteration or razing will be
appropriate, it shall issue a certificate of appropriateness. In the
passing upon appropriateness the commission shall consider, in addition
to any other pertinent factors, the historic 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 historic district.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 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 §§ 7-147a to 7-147k, inclusive, of the General Statutes
would result in exceptional practical difficulty or undue hardship
upon the owner of any specific property, the commission in passing
upon applications shall have power to vary or modify strict adherence
to the sections or to interpret the meaning of the sections so as
to relieve such difficulty or hardship; provided such variance, modification
or interpretation shall remain in harmony with the general purpose
and intent of such sections so that the general character of the district
shall be conserved and substantial justice done. In granting variances,
the commission may impose such reasonable and additional stipulations
and conditions as will in its judgment better fulfill the purpose
of such sections.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 9]
If any action or ruling taken by the commission pursuant to
the provisions of §§ 7-147a to 7-147k, inclusive, of
the General Statutes has been violated, the commission may, in addition
to other remedies, institute an action or 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 shall be enforced by 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 such sections
of the General Statutes. 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 which such
violation exists, shall be fined not more than $100 for each day that
such violation continues, but, if the offense is willful, the person
convicted thereof shall be fined not more than $250 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. Each day that a violation continues
to exist shall constitute a separate offense.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 10]
Any person severally or jointly aggrieved by any decision of
the Historic District Commission or of any officer thereof may, within
15 days from the date when such decision was rendered, take an appeal
to the Court of Common Pleas for the Judicial District of Middlesex
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 would
be the same as that defined in § 8-8 of the General Statutes.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 11]
Nothing in this article shall be construed to prevent the ordinary
maintenance or repair of any exterior feature in the historic district
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 feature under a permit issued by the building inspector prior
to the effective date of establishment of the district.
[Comp. Ords. 1983, pg. 62, 6-25-73, § 12]
The boundaries of the Durham Historic District shall be as shown
on a map, "Map Showing Proposed Boundaries of the Durham Historic
District."
