[Adopted 3-2-2015]
The purpose of this article is to protect the historic and architectural
character of properties not lying within an historic district and
that are listed on, or under consideration for listing on, the National
Register of Historic Places, Section 470 of Title 16a of the United
States Code, or the State Register of Historic Places, as defined
in Section 10-410 of the Connecticut General Statutes, as such sections
now exist or may subsequently be amended. This article is adopted
pursuant to the authority granted to municipalities under Section
7-148 of the Connecticut General Statutes, as amended from time to
time.
The purposes of the Commission established by this article are
to promote the educational, cultural, economic, environmental, and
general welfare of the municipality by:
(1)
Protecting the historic and/or architectural character and continuity
of properties that are listed on, or under consideration for listing
on, the National Register of Historic Places and/or the State Register
of Historic Places; and
(2)
Strengthening the local economy by stabilizing and improving property
values and economic activity through the adaptive use and reuse of
historic structures, while also protecting and enhancing the attractiveness
of the locality; and
(3)
Fostering appropriate use and wider public knowledge and appreciation
of distinctive areas, sites, structures, features and objects that
have historic and/or architectural significance; and
(4)
Providing a resource, or referrals, for information and expertise
to those interested in rehabilitating an historic structure or construction
having an impact on an historic structure; and
(5)
Ensuring and fostering preservation, restoration and rehabilitation
that respects the historic, cultural, and architectural significance
of distinctive areas, sites, structures and objects; and
(6)
Drafting and applying design standards in a reasonable and flexible
manner to prevent the unnecessary loss of a community's historic
character.
As used in this article, the following terms shall have the
meanings indicated:
A property that is listed on, or under consideration for
listing on, the National Register of Historic Places and/or the State
Register of Historic Places.
With regard to an application for placement on the National
Register of Historic Places, that an application has been approved
for study by the State Historic Preservation Office and, with regard
to an application for placement on the State Register of Historic
Places, that an application has been scheduled for hearing by the
State Historic Preservation Council.
[Amended 2-5-2018]
(a)
There is hereby established an Historic Preservation Commission ("Commission") whose purpose and duty shall be to carry out the specific purposes as set forth in § 18-219 of this article and to administer the provisions of this article.
(b)
The Commission shall consist of five members and up to three alternates
appointed by the Mayor with the consent of a majority of the Board
of Aldermen present and voting. Alternates may be designated by the
Chairperson of the Commission to sit as a Commissioner if a Commission
member is absent.
(c)
Each member and alternate of the Commission shall be an elector of
the City of Milford and shall serve without compensation. Preferably
at least one member shall be a licensed architect, preferably with
experience in historic architecture, and at least one member shall
have a background with credentials in local cultural history, architectural
history, or archaeology or has served as a city or state historian.
(d)
Members shall serve for a term of five years or until a successor
is appointed, except that the initial members of the Commission shall
be appointed for terms as follows:
(1)
One member with an initial term expiration of December 31, 2015.
(2)
One member with an initial term expiration of December 31, 2016.
(3)
One member with an initial term expiration of December 31, 2017.
(4)
One member with an initial term expiration of December 31, 2018.
(5)
One member with an initial term expiration of December 31, 2019.
(e)
Any member of the Commission may be removed for cause upon recommendation
of the Mayor and by majority vote of the Board of Aldermen present
and voting.
(f)
The members of the Commission shall elect annually from its members
a Chairperson who shall preside at meetings of the Commission and
a Vice Chairperson to preside in the absence of the Chairperson.
(g)
The Commission shall adopt rules of procedure for the receipt of
complaints, applications, the conduct of meetings and hearings, and
any other matters deemed appropriate by the Commission. In all matters
of parliamentary procedure not determined in this article, Robert's
Rules of Order (revised) shall be taken as authority to decide the
course of proceedings.
(h)
No member of the Commission shall participate in a meeting or decision
of the Commission upon any matter in which the member has a specific
personal or financial interest as defined in the City of Milford Code
of Ethics.[1]
(i)
Regular meetings of the Commission shall be held at least once each
month, except when there is no business for the Commission to act
upon, and at such other times as it deems necessary. A quorum shall
consist of three members. A majority vote of the Commission shall
be required for any action of the Commission. The Chairperson or any
three members may call a meeting of the Commission. The Commission
shall keep records of its meetings and activities.
(a)
The Commission shall undertake, on its own initiative or with the
cooperation of other partners, the research and documentation of historic
buildings, sites, and structures within the City of Milford, using
public records, historical records, and visual observation from the
public way.
(b)
The Commission may enlist and supervise the work of volunteers, students,
or paid consultants to help document historic resources within the
City of Milford, subject to available resources. The standards and
format for documentation shall comply with those of the State Historic
Preservation Office for community-based surveys and inventories.
(c)
With the approval of the Board of Aldermen, the Commission shall
be authorized to apply for grants from public and/or private sources
to support the activities of the Commission as outlined in this article.
(a)
When buildings, structures or sites have been accepted for protection
under the Milford Historic Preservation Ordinance, the Commission
shall notify all relevent City departments, including, but not limited
to, the Building Department, Planning and Zoning Board, and the City
Engineer.
(b)
The Commission shall maintain a list of properties that are listed
on, or under consideration for listing on, the State Register of Historic
Places and/or the National Register of Historic Places, as well as
any buildings or structures that have been inventoried or documented
by the Commission. This list shall be made available in printed form
at the City Clerk's office and the Milford Public Library, as
well as on the City's website.
(c)
The Commission shall, maintain regular communication with the State
Historic Preservation Office, in order to be apprised of any new and
pending nominations to the State Register and National Register.
(d)
The Commission shall, with the written authorization of the property
owner(s), submit annually to the Mayor a list of historic properties
that are recommended for nomination to the State Register and/or the
National Register of Historic Places. The Commission shall also have
the authority to prepare and submit nominations to the State Historic
Preservation Office on behalf of the City of Milford, and with the
written authorization of interested property owner(s).
(e)
The Commission may advise other City boards, commissions, and staff
on the preservation, rehabilitation, reuse, or demolition of any City-owned
property of designated historic or architectural significance.
(f)
The Commission may advise and assist other City boards, commissions,
and staff in recognizing and preserving the buildings and structures
of historical or architectural significance within the City and implementing
local ordinances, codes and regulations that may have an impact on
historic properties.
(g)
The Commission may review and consult in the periodic preparation
and updating of the municipal Plan for Conservation and Development.
(a)
No building or structure located on a protected property shall be
altered, restored, moved, dismantled or demolished until after an
application for a certificate of appropriateness as to exterior architectural
features has been submitted to and approved by the Commission for:
(1)
Any dismantling or demolition of any building or structure,
or part thereof, located on a protected property; or
(2)
Any alteration of any such building or structure, or part thereof,
located on a protected property if that alteration is visible from
a street other than a street which faces only the rear of the building.
(b)
Dismantling or demolition of a building or structure located on a
protected property shall be approved by the Commission only if the
applicant establishes, to the satisfaction of the Commission, that
there is no feasible or prudent alternative to dismantling or demolition.
(c)
Exterior architectural features shall include, but not limited to,
such portion of the exterior of any building or structure which is
open to view from a public street, way or place. The provisions of
this section shall not be construed to apply to the color of paint
used on the exterior of any building or structure.
(d)
The Commission shall adopt the Secretary of the Interior's Standards
for the Treatment of Historic Properties (36 CFR Part 68.3(b), Rehabilitation).
(a)
The Commission shall hold a public hearing upon each application for a certificate of appropriateness as to exterior architectural features. Notice of the time and place of such hearing shall be given by legal publication in a newspaper having a substantial circulation in the City at least seven days before such hearing. Within not more than 65 days after the filing of an application as required by Section 18-225, the Commission shall act upon such application and shall give written notice of its action to the applicant. Evidence of approval, as referred to in Section 18-225, shall be by certificate of appropriateness issued by the Commission. Failure of the Commission to act within said 65 days shall constitute approval and no other evidence of appropriateness and of all its doings shall be necessary. The Commission shall keep a record of all applications for certificates of appropriateness and of all its doings.
[Amended 2-5-2018]
(b)
For the purpose of this article, an application will be considered
to have been filed upon the receipt of said application by the Clerk
of the Commission or, if there is no such Clerk, upon the receipt
of said application by the City Clerk, who will immediately forward
the application to the Chairperson of the Commission, noting the time
of said receipt.
(c)
Any application for Commission approval shall include adequate illustrations,
plans, elevations, sections, and details at a scale of no less than
1/4 inch, clearly illustrating the scope of the proposed work. All
applications and drawing submittals for major additions and alterations
shall be signed and sealed by a licensed architect who qualifies as
an historic architect, as defined by 36 CFR Part 61, and, if necessary,
additionally signed and sealed by a licensed professional engineer.
(d)
In its deliberations, the Commission shall not consider interior
arrangement or use and shall take no action except for the purpose
of preventing the alteration, restoration, moving, dismantling or
demolition of protected properties obviously incongruous with the
historic aspects of this article. The Commission shall set forth its
reason(s) for approving or denying each application for a certificate
of appropriateness in its written notice of its decision to the applicant
and in the record of its proceedings.
(e)
Demolition of a protected property shall be approved by the Commission
only if the applicant establishes, to the satisfaction of the Commission,
that there is no feasible or prudent alternative to demolition.
[Amended 2-5-2018]
If the Commission determines that the proposed alteration, restoration,
moving, dismantling or demolition will be appropriate, it shall issue
a certificate of appropriateness. In acting upon appropriateness as
to exterior architectural features, the Commission shall consider,
in addition to any other pertinent factors, the Secretary of the Interior's
guidelines for rehabilitating historic buildings, the historical and
architectural value and significance, architectural style and general
design of the architectural features involved. A certificate of appropriateness
may be denied for any building or structure, the alteration, restoration,
moving, dismantling or demolition of which, in the opinion of the
Commission, would be detrimental to the interests of the City.
Where, by reason of topographical conditions or immediately
adjoining existing developments, or because of other unusual circumstances,
the strict application of any provisions of this article would result
in exceptional practical difficulty or undue hardship upon the owner
of any protected property, the Commission shall have power to vary
or modify strict adherence to the sections herein or to interpret
the meaning of said sections so as to relieve such difficulty or hardship.
Any such variance, modification or interpretation shall remain in
harmony with the general purpose and intent of said sections. In granting
variances, the Commission may impose such reasonable and additional
stipulations and conditions as will, in its judgment, better fulfill
the purpose of said sections.
If any action or ruling taken by the Commission has been violated, the Commission may, in addition to other remedies, institute an action or proceeding to prevent such unlawful alteration, restoration, moving, dismantling or demolition or to restrain, correct or abate such violation. Regulations and orders of the Commission issued pursuant to this article shall be enforced by the Building Inspector of the City of Milford, 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 this article. The owner or agent of any building or premises where such a violation has been committed or exists, or 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 any such violation or who maintains any building or premises in which any such violation exists, shall be subject to punishment as provided in Section 1-9 of this Code of Ordinances, for each day that such violation continues, and the Superior Court for the Judicial District of Ansonia-Milford at Milford shall have jurisdiction of all such offenses, subject to appeal as in other cases.
Any person or persons severally or jointly aggrieved by any decision of the Commission or of any officer thereof may, within 15 days from the date when such decision was rendered, take an appeal to the Superior Court for the Judicial District of Ansonia-Milford at Milford, which appeal shall be made returnable to such court in the same manner as that prescribed for civil actions brought to such court. Procedure upon such appeal shall be the same as that defined in Section 8-8 of the General Statutes of Connecticut, as amended.
Nothing in this article shall be construed to prevent the ordinary
maintenance or repair of any exterior feature of a protected property
which does not involve a change of design thereof; nor to prevent
the construction, reconstruction, alteration, dismantling or demolition
of any such feature which the Building Inspector certifies is required
by public safety because of an unsafe or dangerous condition; nor
to prevent the alteration, restoration, dismantling or demolition
of any such feature under a permit issued by the Building Inspector
prior to the effective date of establishment of this article.
The facilities and services of the City Planner and the Planning
and Zoning staff and office shall be available to the Commission as
it may reasonably require. The Commission shall otherwise operate
within the amount of the appropriation provided in the City budget
each year.
