ALTERATION, TO ALTER
The act or the fact of rebuilding, reconstruction, restoration,
replication, removal, demolition, and other similar activities.
BUILDING
A combination of materials forming shelter for people, animals
or property.
CERTIFICATE
A certificate of appropriateness, a certificate of nonapplicability,
or a certificate of hardship as set forth in this bylaw.
COMMISSION
The Falmouth Historical Commission as established in accordance
with Chapter 40C of the Massachusetts General Laws and shall have
all the powers and duties of the historical commission as provided
in MGL c. 40, § 8D.
DISTRICT
One of the seven (7) historic districts established pursuant
to Chapter 654 of the Acts of 1975, and any additional historic district
as may be established pursuant to Chapter 40C of the Massachusetts
General Laws.
EXTERIOR ARCHITECTURAL FEATURE
Any portion of the exterior of a building or structure that
is open to view from a public street, public way, public park or public
body of water, including but not limited to architectural style and
general arrangement and setting thereof, the kind and texture of exterior
building materials, the materials applied to exterior surfaces, and
the type and style of windows, doors, lights, signs and other appurtenant
exterior fixtures.
HARDSHIP
Application of this bylaw to a particular piece of property,
evaluated in its totality, owing to the unique characteristics of
the property, that is unduly oppressive, arbitrary or confiscatory
and would involve substantial economic loss to the applicant because
a literal enforcement of the bylaw, provided the conditions and characteristics
of the property are not the result of actions of the applicant, or
owner, or their agents, predecessors, successors or assigns.
PERSON AGGRIEVED
The applicant; an owner of adjoining property; an owner of
property within the same district area within one hundred (100) feet
of the subject property lines; and any charitable corporation in which
one of its purposes is the preservation of historic places, structures,
buildings or districts.
[Amended AFTM 11-6-2017, Art. 9, approved 2-12-2018]
SIGNS
Any symbol, design or device used to identify or advertise
any place of business, product, activity or person.
STRUCTURE
A combination of materials other than a building, including
but not limited to a sign, fence, wall, terrace, walk or driveway.
TEMPORARY BUILDING
A building not to be in existence for a period of more than
two (2) years.
TEMPORARY SIGN
A sign not to be in existence for a period of more than thirty
(30) days.
The historic districts shall consist of the areas listed in §
36-14 (Appendices) of this bylaw.
The Commission may determine from time to time after a public
hearing, duly advertised and posted at least fourteen (14) days in
advance in a conspicuous place in Town Hall and in a newspaper of
general circulation in Falmouth, that certain categories of exterior
architectural features, structures or buildings under certain conditions
may be constructed or altered without review by the Commission without
causing substantial derogation from the intent and purpose of this
bylaw.
The Commission established hereunder shall have the powers and
duties of a historical commission as provided in MGL c. 40, § 8D,
and may be entitled a historical commission in addition to a historic
district commission.
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 the bylaw shall continue to be in full
force and effect.