[Ord. No. 08-31, 10-7-2009]
Historic districts are overlay zoning districts which cover
designated districts or structures within the Town of Cumberland.
The purposes of historic districts are to:
(a)
Safeguard the heritage of the Town by preserving designated districts
and structures of historic or architectural value which reflect elements
of Cumberland's cultural, social, economic, political, and architectural
history;
(b)
Stabilize and improve property values in such districts or designated
structures;
(c)
Maintain and foster civic beauty;
(d)
Strengthen the economy; and
(e)
Promote the use of designated districts and structures for the education,
pleasure and welfare of the citizens.
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An historic district may include properties which are associated
with broad patterns, events, and/or people significant in local, state
or national history; which embody the distinctive characteristics
of a broad range of building types and architectural styles; which
possess high artistic value and/or represent the work of a master
builder, architect, landscape architect or other designer; or which
lack individual distinction but which add to the historic district
zone's status as a significant and distinguishable sociocultural entity.
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[Ord. No. 08-31, 10-7-2009]
These overlay zoning districts are designated in accordance
with Title 45, Chapter 24.1 of the General Laws of Rhode Island, as
amended, which declares the preservation of structures of historic
or architectural value to be a public purpose and authorizes the creation
of the historic district commission (HDC) for that purpose in the
Town of Cumberland. The regulations set forth in this article are
intended to safeguard the heritage of the Town of Cumberland by establishing
the following overlay districts:
(a)
Ashton Historic Overlay District.
(b)
Tower Hill Road Historic Overlay District.
(c)
Old West Wrentham Road Historic Overlay District.
(d)
Lonsdale Historic Overlay District.
(e)
Upper Scott Road Historic Overlay District.
(f)
Diamond Hill Road Historic Overlay District.
(g)
Town Hall Historic Overlay District.
(h)
Landmark
Buildings Historic District.
[Added 5-20-2020 by Ord. No. 20-10-A]
(i)
Arnold
Mills Historic District.
[Added 7-19-2023 by Ord. No. 23-13]
[Ord. No. 08-31, 10-7-2009]
The historic district commission, hereinafter known as the HDC,
shall administer the historic district and perform such duties as
to promote historic preservation in Cumberland.
(a)
Qualifications. Members of the HDC shall have demonstrated a general
interest in historic preservation, and may be drawn from, but not
be limited to the following professions and disciplines: American
history, architectural history, landscape design, architecture, archeology,
preservation, law, real estate, planning or historic building contracting.
(b)
Term. The HDC shall consist of seven qualified members who shall
reside in the Town. The members shall be appointed by the Town Council
to serve for terms ending as follows:
(1)
Two members shall serve an initial term of one year from the
date of their first appointment.
(2)
Two members shall serve an initial term of two years from the
date of their first appointment.
(3)
Three members shall serve a term of three years from the date
of his/her first appointment.
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Thereafter all members shall serve for terms of three years
in accordance with state law and shall be eligible for reappointment.
Upon expiration of said term, appointed members shall continue to
serve until a successor is appointed.
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(c)
Auxiliary member. The Town Council shall have the right to name an
auxiliary member to the HDC in addition to the regular members, which
auxiliary member shall sit as an active member, upon the request of
the chair when and if a regular member is unable to serve at any meeting
of the HDC.
(d)
Vacancy. In the event of a vacancy on the HDC, the Town Council shall
make an interim appointment to fill the unexpired term(s) of such
member(s). Vacancies shall be filled within 90 days.
(e)
Organization. The HDC shall organize annually and elect its officers,
which shall include a chair and a vice-chair, elected from among its
membership. The department of planning and community development shall
assign staff to work with the HDC.
[Ord. No. 08-31, 10-7-2009]
The chair shall preside over all HDC meetings and shall have
the right to vote. The vice-chair shall, in the case of absence or
disability of the chair, perform the duties of the chair.
(a)
Meetings. All meetings of the HDC shall be open to the public and
any person, organization or duly authorized representative shall be
entitled to appear and be heard on any matter before the HDC reaches
its decision. All meetings shall be posted in accordance with the
open meeting laws of the State of Rhode Island.
(b)
Record. The HDC shall keep a taped or stenographic record of all
meetings and a written record of all resolutions, proceedings, findings,
decisions and actions, and all such records shall be open to the public.
(c)
Quorum. A quorum shall be necessary for business to be conducted
before the HDC. A majority of the duly appointed members shall constitute
a quorum.
[Ord. No. 08-31, 10-7-2009]
The HDC shall have the following powers and duties:
(a)
Regulation of development in historic districts. The HDC shall be
authorized to regulate the construction, demolition, change in any
exterior structure and/or appurtenance within any historic district
identified on the overlay zoning district map of the official zoning
map adopted in accordance with this appendix and identified herein.
(b)
Adoption of rules. The HDC shall, within 90 days of its first meeting,
adopt and publish written rules and regulations, as provided in the
Rhode Island Historical Preservation Commission's report entitled
Easy Guide to Rehab Standards, dated 1992, (hereinafter known to as
"RIHPC Standards") necessary to carry out its functions under the
provisions of this article. All such rules and regulations, and any
amendments thereto, shall be available to the public.
(c)
Adoption of standards and guidelines. The HDC shall, within 90 days
of its first meeting, adopt and publish standards and guidelines as
necessary to inform historic district residents, property owners,
and the general public of those criteria by which the HDC shall determine
whether to issue a certificate of appropriateness. The standards and
guidelines shall insure that consideration is given to the historic
and architectural significance of the district, the structure and
its appurtenances; the way in which the structure and its appurtenances
contribute to the historical and architectural significance of the
district; and the appropriateness of the general design, arrangement,
texture, materials, and siting proposed in the plans for both new
and existing structures and appurtenances. The HDC may incorporate
by reference in its rules and regulations such other standards as
are appropriate, including, but not limited to the Standards and Guidelines
for Rehabilitation adopted by the United States Secretary of the Interior.
The HDC may from time to time amend its standards as reasonably necessary,
and it shall publish all such amendments to remain in compliance with
the RIHPC Standards.
(d)
Issuance of certificate of appropriateness. The HDC shall be authorized
to issue certificates of appropriateness for projects that conform
to the requirements of this appendix and the standards and guidelines
adopted by the HDC. A certificate of appropriateness may be issued
by the HDC indicating approval of plans for alteration, construction,
repair, removal or demolition of a structure or appurtenances of a
structure within an historic district. "Appropriate" for the purposes
of passing upon an application for a certificate of appropriateness
means not incongruous with those aspects of the structure, appurtenances,
or the district which the HDC has determined to be historically or
architecturally significant.
(e)
Provision of advice to other agencies. In order to assist the Town
on matters of historic preservation, the HDC may provide its expertise
and advice to agencies of Town government as appropriate.
(f)
Inspection of work in progress. The HDC or its designee may inspect work in progress after a certificate of appropriateness has been issued to insure that work is proceeding in accordance with the approval received. If the HDC finds that the work in progress does not conform to the certificate of appropriateness, the HDC shall advise the zoning enforcement officer, who shall enforce the requirements of the certificate of appropriateness in accordance with Article 17 of this appendix.
[Ord. No. 08-31, 10-7-2009]
Before a property owner commences construction, alteration,
repair, removal or demolition of any existing structure or its appurtenances
within a historic district overlay zone, the owner must first apply
for and receive a certificate of appropriateness from the HDC. Upon
application to the Building Official for a permit, the Building Official
shall determine whether or not the property or parcel in question
is within the historic district. If it is, the applicant shall be
referred to the HDC for determination of jurisdiction for a certificate
of appropriateness. A certificate of appropriateness is not a substitute
for a building permit.
(a)
Application for certificate of appropriateness. The HDC shall require
the owner to submit information which is reasonably necessary to evaluate
the proposed construction, alteration, repair, removal or demolition
including, but not limited to, plans and site plans, drawings and
elevations, photographs, or other information.
(b)
Hearing. The HDC shall hold a public hearing on an application for
a certificate of appropriateness. Notice of such hearing shall be
mailed to all abutting property owners, at least 10 days prior to
the public meeting, by regular mail. The applicant shall supply the
HDC with a list of the names and addresses of all abutting property
owners from the most current records of the Town Assessor.
(c)
Filing fee. An application for a certificate of appropriateness shall
be accompanied by a filing fee as set by the Town Council which shall
be deposited with the Town treasurer and no part of which shall be
returned to the applicant. Such fees shall be used solely to defray
administrative costs related to the HDC's activities. These include
postage, printing of standards and guidelines and hiring expert consultants
and witnesses.
[Ord. No. 08-31, 10-7-2009]
The HDC shall evaluate all applications in accordance with the
criteria established in the standards and guidelines adopted in accordance
with subsection 8-5(c) of this article. The HDC shall act only on
exterior features of a structure and its appurtenances. In reviewing
an application for a certificate of appropriateness, the HDC shall
have the power to call in experts to aid in its deliberations, and
may incorporate the conclusions of such experts in its decisions.
[Ord. No. 08-31, 10-7-2009]
All decisions of the HDC regarding the issuance of a certificate
of appropriateness shall be in writing. The HDC shall articulate and
explain the reasons and basis of each decision on the record. An application
for a certificate of appropriateness may be approved, denied, or approved
with amendment by the HDC. When denying an application for a certificate
of appropriateness, the HDC shall include the basis for its conclusion
that the proposed activity would be incongruous with those aspects
of the structure, appurtenances, or the district. The HDC shall send
a copy of the decision to the applicant. The action taken by the HDC
shall be binding on the zoning enforcement officer. No application
shall be denied or granted by the HDC without a hearing. An application
for the same petition shall not be heard by the HDC for the period
of one year from the date the original petition was denied. The HDC
shall have the right to waive this requirement for any petition if
a majority of the HDC present at a meeting agrees.
[Ord. No. 08-31, 10-7-2009]
The failure of the HDC to act within 45 days from the date of
the filing of a completed application shall be deemed to constitute
approval. However, in the event that the HDC shall make a written
finding of fact within this forty-five-day period that the circumstances
of a particular application requires further time for additional study
and information, then the HDC shall have a period of up to 90 days
from the date of filing a completed application within which to act
upon such application. Nothing in this section shall be construed
to prevent the applicant and the HDC from mutually agreeing on an
extension.
[Ord. No. 08-31, 10-7-2009]
In order to preserve the historic fabric of the Town, demolition
of historic properties shall be discouraged. When reviewing an application
for a certificate of appropriateness to demolish an historic structure
or appurtenance, the HDC shall consider, in addition to the provisions
of the adopted standards and guidelines, the listing of a structure
in the National Register of Historic Places. In the case of an application
for demolition of any structure, appurtenance or a portion of a structure
listed on the National Register of Historic Places, the HDC shall
endeavor to work out with the owner an economically feasible plan
for the preservation of such structure on its present site. The HDC
shall issue a certificate of appropriateness only if the HDC finds
that at least one of the following exists:
(a)
Retention of such structure constitutes a hazard to public safety
which hazard cannot be eliminated by economic means available to the
owner, including sale of the structure on its present site to any
purchaser willing to preserve such structure; or
(b)
Preservation of such structure is a deterrent to a major improvement
program which will be of substantial benefit to the community; or
(c)
Preservation of such structure would cause undue or unreasonable
financial hardship to the owner, taking into account the financial
resources available to the owner including sale of the structure to
any purchaser willing to preserve such structure; or
(d)
Preservation of such structure would not be in the interest of the
majority of the community.
[Ord. No. 08-31, 10-7-2009]
The HDC shall assist the owner in identifying and evaluating
alternatives to demolition, including sale of the structure on its
present site. When considering an application to demolish a structure
of historic or architectural value, in addition to any other criteria,
the HDC shall consider the following:
(a)
Whether there is a reasonable likelihood that some person or group
other than the current owner is willing to purchase, move and preserve
such structure; and
(b)
Whether the owner has made continuing, bona fide and reasonable efforts
to sell the structure to any such purchaser willing to move or preserve
such structure.
[Ord. No. 08-31, 10-7-2009]
(a)
Appeals. A person or persons jointly or severally aggrieved by a
decision of the HDC shall have the right to appeal the decision to
the board. When hearing appeals from HDC decisions, the board shall
not substitute its own judgment for that of the HDC, but must consider
the issue upon the findings and record of the HDC. The board shall
not reverse an HDC decision except on a finding of prejudicial procedural
error, clear error, or lack of support by the weight of the evidence
in the record. The board shall file a written decision explaining
the basis of each decision for the record, and the board shall send
a copy of the decision to the applicant and to the HDC. The filing
fee and the filing procedure for an appeal of the decision of the
HDC shall be the same as that for an appeal of the decision of the
zoning official.
