The Town of Ipswich hereby establishes an Architectural Preservation
District ("APD"), to be administered by an Architectural Preservation
District Commission ("APDC").
For the purpose of this bylaw, the terms and words listed below
shall have the following meaning:
ADDITION, SUBSTANTIAL
Any addition to a principal or accessory contributing building
that is enclosed by walls and a roof and which increases the existing
gross floor area by 1,000 square feet or by 30% or more, whichever
is less. Multiple additions that occur within a consecutive three-year
period which collectively increase the building's gross floor
area as described above shall also constitute a Substantial Addition.
[Amended 5-12-2015 ATM
by Art. 16]
ALTERATION
A change to a building or part thereof, such as removal,
construction, reconstruction, restoration, replication, rehabilitation,
addition, or demolition; and/or a change to a site that includes constructing,
placing, erecting, installing, enlarging or moving a building and
other similar activities.
ALTERATION, SUBSTANTIAL EXTERIOR
An Alteration to the exterior of a contributing building
which bears a cost that equals or exceeds 50% of the assessed value
of the structure before the Alteration is undertaken, or which significantly
changes the shape, height and proportions, or scale of the building,
and/or its relationship to surrounding structures along the streetscape.
BINDING REVIEW
Pursuant to §
113-9 of this bylaw, a mandatory process which applies to demolition, substantial alterations, and new construction of buildings on contributing properties in an APD.
BUILDING
A combination of materials having a roof, the purpose of
which is the shelter of persons, animals, property, or processes.
CERTIFICATE TO ALTER
A document issued by the APDC allowing Alterations which require review pursuant to §
113-9 of this bylaw.
CONTRIBUTING PROPERTY
Any building within an APD that was constructed prior to
1900 and which contributes to its historical character, or any house
lot within the APD which was either vacant prior to the adoption of
this bylaw or subsequently becomes vacant due to the demolition of
its principal building.
DEMOLITION
The act of pulling down, destroying, removing or razing structures
or significant parts of structures, or commencing the work of total
or substantial destruction with the intent of completing the same.
DESIGN GUIDELINES
A public document which provides further detail and illustration of the design standards established in §
113-10 of this bylaw. Such guidelines, by facilitating the APDC's determination as to whether proposed alterations are appropriate and compatible with the existing buildings, setting and neighborhood character of the APD, will ensure fair, reasonable and objective preservation practices by the APDC.
PERSON AGGRIEVED
The owner of the subject property or an owner of real property
located within the APD and within 300 feet of the subject property.
SUBSTITUTE SIDING
A siding material that has been placed over or has replaced
the wood siding of a building. This includes, but is not necessarily
limited to, aluminum, vinyl, or asphalt siding.
[Amended 5-12-2015 ATM
by Art. 16]
The APD shall, by Town Meeting vote, encompass the area shown
on the map entitled "Proposed Architectural Preservation District,
dated September 3, 2014," and appended to this bylaw. Amendments to
the district boundaries may be made only by vote of Town Meeting.
The following are exempt from the requirements of this bylaw:
A. Routine maintenance of buildings.
B. Repairs or improvements which do not require a building or demolition
permit from the Building Inspector.
C. Temporary buildings (subject to time and size limits imposed by the
APDC).
D. Interior building alterations.
E. Exterior building colors.
F. Installation or replacement of storm windows and doors, screen windows
and doors.
G. Removal or replacement of gutters, downspouts, window and door shutters.
H. Removal of substitute siding from a building.
I. Structures not defined as buildings or parts of buildings.
J. Reconstruction of a building damaged or destroyed by fire, storm or other disaster, provided that the reconstruction is completed in a manner that is consistent with other local bylaws. For a Contributing Property the owner is encouraged to reconstruct the building, to the greatest extent possible, to conform to its original size and appearance; for a non-Contributing Property the owner is encouraged to reconstruct the building to conform to the design standards in §
113-10 and the associated design guidelines.
When reviewing an application, the APDC shall consider the following standards, which are intended to guide the property owner in the site development and building design, as well as the APDC in its review of proposed actions as described in §
113-9 above:
A. Height and Proportions — The height, proportions, and relationship
of height to width between windows, doors, signs and other architectural
elements should be compatible with the architectural style and character
of the building or structure.
B. Relation of Structures and Spaces — The relation of a structure
to the open space between it and adjoining structures should be compatible
with such relationships in the district.
C. Shape — The shape of roofs, windows, doors and other design
elements should be compatible with the architectural style and character
of the building.
D. Scale — The scale of a structure should be compatible with
its architectural design style and character and that of the district.
E. Directional Expression — Building facades and other architectural
design elements should be compatible with those of others in the district
with regard to the dominant vertical or horizontal expression or direction
related to use and historical or cultural character, as appropriate.
F. Garages and Accessory Buildings — Garages and accessory buildings
should be sensitively integrated into the overall development, and
should not be the predominant design feature when viewed from the
street.
[Amended 5-12-2015 ATM
by Art. 16]
In addition to the duties previously set forth in this bylaw,
the APDC or the Building Inspector may issue enforcement orders directing
compliance with this bylaw and may undertake any other administrative
enforcement action authorized by law. Upon request of the APDC, and
with the approval of the Select Board, the Town Counsel may take legal
action on behalf of the Town for enforcement of this Bylaw, or any
order issued hereunder, in any court of competent jurisdiction.
[Amended 5-12-2015 ATM
by Art. 16]
Any aggrieved party may appeal the action of the APDC. Appeals may be taken as provided by MGL c. 249, §
4, as may be amended.
The provisions of this bylaw shall be deemed to be separable.
If any of its provisions, sections, subsections, sentences or clauses
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this bylaw shall continue to be in
full force and effect.
The APDC shall promulgate and publish such rules and regulations
as are deemed appropriate and consistent with the provisions of this
bylaw.