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:
PROTECTED PROPERTY
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.
UNDER CONSIDERATION
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]
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.