[Amended 11-5-2020, effective 11-5-2020]
This chapter is adopted in accordance with Title 45-24.1 of
the General Laws of Rhode Island, as amended (1988 amendment), which:
A.
Declares the preservation of structures of historic or architectural
value to be a public purpose;
B.
Authorizes historic district zoning and the creation of an historic
district commission for that purpose in each city and town;
C.
Provides for definitions of terms used in historical area zoning;
and
D.
Establishes a uniform procedure regarding historical area zoning.
The regulations in this chapter have been adopted to preserve
districts and specific buildings of the Town of Glocester which reflect
elements of its cultural, social, economic, political and architectural
history. This chapter is designed to stabilize and improve property
values in such historic districts, to preserve structures, to foster
civic beauty, to strengthen the local economy and to promote the use
of such districts and specific buildings for the education, pleasure
and welfare of the residents of the Town of Glocester.
The following terms shall have the following respective meanings:
An act that changes one or more of the exterior architectural
features or its appurtenances, including but not limited to the erection,
construction, reconstruction, or removal of any structure or appurtenance.
Features other than primary or secondary structures which
contribute to the exterior historic appearance of a property, including
but not limited to paving, doors, windows, signs, materials, decorative
accessories, fences, and historic landscape features.
A certificate issued by the Glocester Historic District Commission
indicating approval of plans for alteration, construction, repair,
removal, or demolition of any structure or appurtenances of a structure
within an historic district.
The act of adding to an existing structure or erecting a
new principal or accessory structure or appurtenances to a structure,
including but not limited to buildings, extensions, outbuildings,
fire escapes, and retaining walls.
An act or process that destroys a structure or its appurtenances
in part or in whole.
A specific division of a city or town as designated by ordinance
of the Town of Glocester pursuant to this chapter. An historic district
may include one or more structures.
A relocation of a structure on its site or to another site.
A change meant to remedy damage or deterioration of a structure
or its appurtenances.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including but
not limited to buildings, gazebos, billboards, outbuildings, decorative
and retaining walls, and swimming pools.
A.
For purposes of this chapter, the boundaries of historic districts
are established as shown on a map entitled "Historic District Designation
Map," which designation map is filed in the office of the Glocester
Town Clerk. Such designation map is hereby incorporated as a part
of this chapter.
B.
It is the intent of this article that historic property owned by
the Town of Glocester within the boundaries of designated historic
districts as shown on the Historic District Designation Map shall
not be exempt from the provisions of this chapter.
A.
Establishment. There is hereby established an Historic District Commission
to carry out the purpose of this article.
B.
Membership and appointment.
(1)
The Commission shall consist of seven qualified members, electors
of the Town of Glocester, to be appointed by the Town Council. Members
shall be appointed for three-year terms, except that the initial appointments
of some of the members shall be for less than three years to the end
that the initial appointments shall not reoccur at the same time.
Members shall be eligible for reappointment.
(2)
At least four members of the Commission shall have a demonstrated
knowledge or interest in historic preservation (such as, but not limited
to, architect, owner of an historic home, or builder versed in historic
restoration).
(3)
The Town Council shall have the right to name an auxiliary member
to the Commission in addition to the regular members, which auxiliary
member shall sit as an active member, upon the request of the Chairman
of the Commission when and if a regular member of the Commission is
unable to serve at any meeting of the Commission.
(4)
In the event of a vacancy on the Commission, the Town Council shall
make an interim appointment, for the remainder of the unexpired term.
Vacancies on the Commission shall be filled within 60 days.
C.
Organization of the Commission.
(1)
The Commission shall organize annually and, by election, shall select
from its membership a Chairman, Vice Chairman, and a Secretary.
(2)
The Commission shall:
(a)
Adopt and publish all rules and regulations necessary to carry
out its functions under the provisions of this article. Such rules
and regulations and any additions and amendments thereto shall be
submitted to the Council for its approval and shall, thereon, become
part of this chapter; and
(b)
Adopt and publish standards and guidelines (which shall use
as a guide the Secretary of the Interior's Standards and Guidelines
for Rehabilitating Historic Buildings, 36 CFR 671, as amended), within
six months following the adoption of this article to inform Historic
District residents, property owners, and the general public of those
criteria by which the Commission shall determine whether to issue
a certificate of appropriateness. The Commission may from time to
time amend these standards as reasonably necessary, and it shall publish
all such amendments.
(3)
Conduct of business.
(a)
The Chairman shall preside over all Commission meetings and
shall have the right to vote.
(b)
The Vice-Chairman shall, in the case of absence or disability
of the Chairman, perform the duties of the Chairman.
(c)
All meetings of the Historic District Commission 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
Historic District Commission reaches its decision. All meetings shall
be posted in accordance with the open meetings laws of the State of
Rhode Island.
(d)
The Secretary shall keep a record of all resolutions, proceedings,
finding of fact, decisions and actions, and such record shall be on
file for public view at the office of the Glocester Town Clerk.
(e)
Five members shall constitute a quorum and the concurring vote
of a majority, but not less than four of the members present shall
be necessary for either approval or rejection of any plans before
the Commission for review and for establishing or amending Commission
rules, regulations and standards of review.
A.
Reviewable actions. The Historic District Commission shall review
all plans for new construction on any existing lot or lots, including
window replacements, paint color changes and any construction, alteration,
removal or demolition of a structure affecting the exterior appearance
of any structure, including appurtenances within the Historic District.
The Historic District Commission shall have the authority to review
and approve such plans before a building or demolition permit is issued.
B.
General procedures.
(1)
Before a property owner may authorize or commence construction, alteration,
repair, removal or demolition affecting the exterior appearance of
a contributing structure or its appurtenances within any designated
Historic District, the owner must apply for and receive a certificate
of appropriateness from the Commission approving such construction,
alteration, repair, removal or demolition.
(2)
A certificate of appropriateness is necessary for all new construction
on any existing lot or lots, including window replacements, paint
color changes and any construction, alteration, removal or demolition
of a structure affecting the exterior appearance of any structure,
including appurtenances within the Historic District. A certificate
of appropriateness is required before the issuance of a building permit.
(3)
In applying for a certificate of appropriateness, a property owner
must comply with the application procedures as established by the
Commission pursuant to Chapter 45-24.1 of the General Laws, as amended,
and the provisions of this chapter.
C.
Application for certificate of appropriateness.
(1)
Applications for certificate of appropriateness shall be filed with
the Commission at the office of the Building Official, who shall determine
if such application is complete and who shall forward complete applications,
together with all maps, plans, and other data, to the Commission.
Incomplete applications shall be returned to the applicant within
seven working days of receipt by the Building Official.
(2)
The Commission 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 site plans,
elevation drawings, photographs or other information deemed appropriate
by the Commission and set forth in the Commission's rules and regulations
adopted pursuant to this article.
(3)
In reviewing the applications and plans, the Commission shall give
consideration to:
(a)
The historic and architectural significance of the contributing
structure and its appurtenances;
(b)
The way in which the structure and its appurtenances, as existing
or planned, contribute to the historical and architectural significance
of the district;
(c)
The appropriateness of the general design, arrangement, texture,
material and siting proposed in the plans; and
(d)
The Commission shall pass only on exterior features of a structure
and its appurtenances and shall not consider interior arrangements.
(4)
All decisions and recommendations of the Commission shall be in writing.
The Commission shall articulate and explain the reasons and bases
of each decision and recommendation on a record, and in the case of
a decision not to issue a certificate of appropriateness, the Commission
shall include the basis for its conclusion that the proposed activity
would be incongruous with those aspects of the structure, appurtenances,
or the district which the Commission has determined to be historically
or architecturally significant. The Commission shall send a copy of
the decision to the applicant.
(5)
Any certificate of appropriateness granted by the HDC shall expire
one year after the date of approval, unless the applicant shall have
obtained a building permit and proceeded with the approved construction.
An applicant's failure to proceed with approved construction with
the one-year timeframe shall cause the certificate of appropriateness
to become null and void.
(6)
An application for a certificate of appropriateness which has been
denied by the HDC shall not be heard again for a period of one year
from the date the application was denied, unless a majority of the
HDC present at a meeting agrees to waive this requirement.
D.
Demolition of structures.
(1)
In addition to complete demolition of a structure, the following
actions shall require a demolition permit and review by the Historic
District Commission:
(a)
Removal of a roof including raising the overall height of a
roof, rebuilding the roof to a different pitch, or addition another
story to a building;
(b)
Removal of one side of a building;
(c)
Gutting of a building's interior to the point where the exterior
features are impacted; and
(d)
Removal of more than 25% of a structure.
(2)
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 Commission shall consider the following criteria,
in addition to the provisions of the adopted Standards of Review:
(3)
When considering an application to demolish a significant historic
building, the Commission shall assist the owner in identifying and
evaluating alternatives to demolition, including an economically feasible
plan for the preservation of the structure or sale of the structure
on its present site.
(4)
In addition to any other criteria, the Commission also shall consider
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 whether the owner has made continuing bona fide
and reasonable efforts to sell the structure to any such purchaser
willing to move and preserve such structure.
(5)
The Commission shall issue a certificate of appropriateness for the
demolition of a contributing structure only if at least one of the
following primary findings exists:
(a)
If the structure is deemed valuable to the Town, state or nation,
such that its loss will be a great loss to the Town, state or nation,
then in order for the GHDC to approve demolition, the structure must
constitute a hazard to public safety, which hazard cannot be eliminated
by economic means available to the owner, including sale of the structure
to any purchaser willing to preserve the structure.
(b)
If the structure is deemed valuable for the period of architecture
which it represents, or to the district as a whole, then at least
one of the following requirements must be met:
[1]
Retention of such structure constitutes a hazard to public safety
which hazard cannot be eliminated by the economic means available
to the owner, including sale of the structure on its present site
to any purchaser willing to preserve such structure; or
[2]
Preservation of such structure is a deterrent to a major improvement
program which will be of substantial benefit to the community; or
[3]
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
[4]
Preservation of such structure would not be in the general interest
of the community.
(c)
If the primary criteria have been met, then any or all of the
following secondary criteria may be considered in deciding whether
to approve or deny the application:
[1]
The merit of the structure to be demolished.
[2]
The effect of the demolition on the surrounding buildings.
[3]
The effect of the demolition on the historic district as a whole.
[4]
The value or usefulness of the proposed replacement structure
to the community and the appropriateness of its design to the historic
district.
[5]
If the lot is to be left open, the impact of open space in that
location and on the district as a whole.
[6]
The effect of the demolition on the local economy.
[7]
Whether the demolition will foster civic beauty.
[8]
Whether the demolition will stabilize and improve property values
in the district.
[9]
The effect of the demolition on safeguarding the heritage of
the Town, state or nation.
[10]
The effect of the demolition on promotion of the
district for the education, pleasure and welfare of the citizens of
the Town.
(d)
If a structure is deemed noncontributing, the GHDC may consider
any or all of the secondary criteria above in deciding whether to
issue a certificate of appropriateness for demolition.
(6)
A certificate of appropriateness must be obtained prior to the issuance
of a demolition permit.
(7)
Emergency demolition. The Commission shall approve an application
for demolition when, in the opinion of the Building Official or Fire
Chief, the building constitutes an imminent hazard to public safety.
The failure of the Commission to act within 45 days from the
date of a completed application filed with it shall be deemed to constitute
approval, unless an extension is agreed upon mutually by the applicant
and the Commission. In the event, however, that the Commission shall
make a finding of fact that the circumstances of a particular application
require further time for additional study and information can be obtained
within the aforesaid period of 45 days, then and in said event the
Commission shall have a period of up to 90 days within which to act
upon such application.
In order to assist the Town of Glocester, its agencies, boards,
commissions, staff and Council on matters of historic preservation,
the Commission may provide its expertise and advice as appropriate.
Nothing in this article shall be construed to prevent painting,
routine maintenance or repair of any structure within the Historic
District, provided that such maintenance or repair does not result
in any change of design, type of material, color, or appearance of
the structure or appurtenances; nor shall anything in this article
be construed to prevent the construction, alteration, repair, moving
or demolition of any structure under permit issued by the Building
Official prior to the passage of this article.
Where there is a violation of any of the provisions of this
article or of any action taken thereunder, the Building Official,
through the Town Solicitor, shall institute an appropriate action
to prevent, enjoin, abate, or remove such violation.
Any person aggrieved by a decision of the Historic District
Commission shall have the right to appeal such decision to the Zoning
Board of Review. When hearing appeals from Commission decisions, the
Zoning Board of Review shall not substitute its own judgment for that
of the Commission, but must consider the issue upon the findings and
the record of the Commission. The Zoning Board of Review shall not
reverse a Commission 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 Zoning Board of Review shall put all decisions
on appeal in writing. The Zoning Board of Review shall articulate
and explain the reasons and bases of each decision on the record,
and the Zoning Board of Review shall send a copy of the decision to
the applicant and to the Historic District Commission. Any person
aggrieved by a decision of the Zoning Board of Review on a matter
appealed under this article may apply to the Superior Court of Rhode
Island.
The Building Official, through the Town Solicitor, may bring
an action against any property owner who fails to comply with the
requirements of this article. Such actions shall be brought in the
Superior Court having jurisdiction where the violation occurred or
is likely to occur. Plaintiffs may seek restraining orders and injunctive
relief to restrain and enjoin violations or threatened violations
of this article.
Amendment or additions to the article or to the Historical District
shall be by the same process and procedure as amendments to this chapter.
