[Amended 5-25-2022 by Ord. No. 2022-13]
There is hereby established under the provisions of MGL c. 40,
§ 8D, the Historical Commission of the City, for the purposes
and with the rights and duties provided by law.
The purpose of this article is to aid in the preservation and
protection of the distinctive characteristics and architecture of
buildings, structures, and places significant in the history of the
Fall River.
As used in this article, the following terms shall have the
meanings indicated:
The act or the fact of rebuilding, reconstruction, restoration,
replication, removal, demolition, and other similar activities.
A combination of materials forming a shelter for persons,
animals or property.
A certificate of appropriateness, a certificate of non-applicability,
or a certificate of hardship as set forth in this article.
The Historical Commission as established in this article.
The act of building, erecting, installing, enlarging, moving
and other similar activities.
Such portion of the exterior of a building or structure as
is open to view from a public way or ways, including but not limited
to architectural style and general arrangement and setting thereof,
the kind and texture of exterior building materials, and the type
and style of windows, doors, lights, signs and other appurtenant exterior
fixtures.
An area designated as historic by the Historical Commission
because the area/district contains a significant portion of buildings,
structures or other improvements which, considered as a whole, merit
preservation and protection due to distinctive characteristics and
architecture.
The applicant; an owner of adjoining property; an owner of
property within the same district area; an owner of property within
100 feet of said district area; and any charitable corporation in
which one of its purposes is the preservation of historic places,
structures, buildings or districts.
A combination of materials other than a building including,
but not limited to, a sign, fence, wall, terrace, walk, driveway,
monument, cemetery, or fountain.
A building not to be in existence for a period of more than
two years; a structure not to be in existence for a period of more
than one year. The Historical Commission may further limit the time
periods set forth herein as it deems appropriate.
The Historical Commission shall consist of seven members. Four
members shall be appointed by the Mayor; two members initially to
be appointed for one year, one for two years, and one for three years.
Three members shall be appointed by the City Council; one member initially
to be appointed for one year, one for two years, and one for three
years. Each successive appointment shall be made for three years.
A.
The Historical Commission is responsible for monitoring the preservation
of historically significant structures and resources in the City.
The Commission's duties include encouraging proper development
and maintenance of historic structures, creating public awareness
of historic preservation, reviewing demolition and alteration requests
of historic properties, and conducting studies of significant historical
events.
B.
The Historical Commission shall monitor and approve any proposed
alteration or demolition of any historic structure or building within
a designated historic district, as set forth under the procedures
and criteria established in this article. In exercising its powers
and duties hereunder, the Historical Commission shall pay due regard
to the distinctive characteristics of each building, structure and
district area.
C.
The Historical Commission may designate additional properties, structures,
or resources as historic, may expand existing historic districts,
and may create additional historic districts.
D.
The Historical Commission may adopt reasonable rules and regulations,
setting forth such forms and procedures as it deems necessary for
the regulation of its affairs and the conduct of its business, including
requirements for the contents and form of applications for certificates,
fees, hearing procedures and other matters. The Historical Commission
shall file a copy of any such rules and regulations with the office
of the City Clerk.
E.
The Historical Commission, after a public hearing duly posted and
advertised at least 14 days in advance in a conspicuous place in the
Fall River Government Center and in a newspaper of general circulation,
may adopt and amend guidelines which set forth the designs for certain
exterior architectural features which are, in general, suitable for
the issuance of a certificate. No such design guidelines shall limit
the right of an applicant for a certificate to present other designs
to the Historical Commission for approval.
F.
The Historical Commission shall annually elect a Chairman, a Vice
Chairman and Secretary, and file notice of such election with the
office of the City Clerk.
G.
The Historical Commission shall keep a permanent record of its resolutions,
transactions, decisions and determinations and of the vote of each
member participating therein.
H.
The Historical Commission shall undertake educational efforts to
explain to the public and property owners the merits and functions
of a district.
In a Local Historic District, no building permit or demolition
permit shall issue unless the Historical Commission has first issued
a certificate of appropriateness, certificate of non-applicability,
or certificate of hardship for the proposed construction, alteration
or demolition.
A.
Any person who desires to obtain a certificate shall file an application
with the Historical Commission for a certificate of appropriateness,
certificate of nonapplicability, or certificate of hardship. The application
shall be accompanied by such plans, elevations, specifications, material,
and other information required by the Historical Commission to enable
it to make a determination on the application. In the case of demolition
or removal, a statement of the proposed condition and appearance of
the property thereafter is required.
B.
The Historical Commission does not have jurisdiction over interior
renovations or exterior architectural features not visible from a
public way and, therefore, shall immediately issue a certificate of
non-applicability for said applications.
C.
The Historical Commission shall determine, within 14 days of the
filing of an application for a certificate, if the Commission has
jurisdiction over the application because the proposal involves substantial
alteration of exterior architectural features visible from a public
way.
D.
If the Historical Commission has jurisdiction, it shall hold a public
hearing on the application within 45 days from the date of the filing
of the application. At least 14 days prior to the public hearing,
public notice shall be given by posting a notice in a conspicuous
place in the Fall River Government Center and in a newspaper of general
circulation in Fall River. Such notice shall identify the time, place
and purpose of the public hearing. Concurrently, a copy of said public
notice shall also be mailed to the applicant, to the owners of all
adjoining properties, and to the Planning Board. A public hearing
on an application for a certificate need not be held if such hearing
is waived in writing by all persons entitled to notice thereof.
E.
The concurring vote of a majority of the members shall be required
to issue a certificate.
F.
The Historical Commission shall issue a certificate, a conditional
approval, or a disapproval notice within 60 days of the application
filing date. Each certificate shall be signed by the Chair, or other
person designated to sign certificates on behalf of the Historical
Commission. Copies of the decision shall be sent to the applicant,
the City Clerk, and the Building Commissioner. If the Historical Commission
fails to comply with this sixty-day deadline, and has not obtained
the applicant's written agreement to extend the time for filing
the decision, then the City Clerk shall issue, upon the applicant's
request, a certificate of hardship. The official date for issuance
of the certificate or disapproval shall be the date the decision is
filed with the City Clerk.
G.
If the application for a certificate is conditionally approved, the
Historical Commission may impose certain conditions and limitations
before issuing a certificate of appropriateness, such as requiring
architectural or plan modifications consistent with the intent and
purpose of this article.
H.
If the application for a certificate is denied, the disapproval notice
shall set forth the reasons for the denial, and may include recommendations
that would make any subsequent application more suitable for approval.
I.
When considering issuance of a certificate of hardship, the Historical
Commission shall determine whether, owing to conditions especially
affecting the building or structure involved, but not affecting the
district generally, failure to approve an application will involve
a substantial hardship, financial or otherwise, to the applicant and
whether such application may be approved without substantial detriment
to the public welfare and without substantial derogation from the
intent and purposes of this article. The Historical Commission may
issue a certificate of hardship even when not specifically requested
by the applicant.
J.
Any person aggrieved by a decision of the Historical Commission may,
within 20 days of the decision, file a written appeal with the Fall
River City Planner. The appeal will be reviewed by the City Planner,
or a person or persons designated by the City Planner, and a written
decision on the appeal shall be filed with the City Clerk within 45
days of the request. The decision of the City Planner or designee
shall be binding on the applicant and the Historical Commission, unless
a further appeal is sought in the Superior Court, as provided in MGL
c. 40C, § 12A. The filing of such further appeal shall occur
within 20 days after the finding of the City Planner or designee has
been filed with the office of the City Clerk.
A.
In deliberating on applications for certificates, the Historical
Commission shall consider the historic significance and architectural
value of the site, building or structure, including its relationship
to similar buildings and structures in the surrounding area.
B.
In the case of an addition to an existing building or structure within
a Local Historic District, the Historical Commission shall consider
the materials to be used for the addition and the appropriateness
of the scale, shape and proportions of the building or structure both
in relation to the land area upon which the building or structure
is situated and in relation to buildings and structures in the vicinity.
C.
When ruling on applications for certificates on solar energy systems
as defined in MGL c. 40A, § 1A, the Historical Commission
shall consider the policy of the Commonwealth of Massachusetts to
encourage the use of solar energy systems and to protect solar access.
D.
The Historical Commission shall not consider interior arrangements
or architectural features not subject to public view from a public
way.
A.
The Historical Commission shall issue a certificate of nonapplicability
for any construction, alteration, or request that is not within the
purview of the Commission, including the following categories:
(1)
The color of paint;
(2)
Terraces, walks, driveways, sidewalks and similar structures, provided
that any such structure is substantially at grade level;
(3)
Storm windows and doors, screen windows and doors, and window air
conditioners;
(4)
The color of roofing materials;
(5)
The reconstruction, substantially similar in exterior design, of
a building, structure or exterior architectural feature damaged or
destroyed by fire, storm or other natural causes, provided such reconstruction
is begun within one year thereafter and carried forward with due diligence.
B.
Nothing in this article shall be construed to prevent the ordinary
maintenance, repair or replacement of any exterior architectural feature
that does not involve a change in design, material or the outward
appearance thereof, nor to prevent landscaping with plants, trees
or shrubs, nor construed to prevent the meeting of requirements certified
by a duly authorized public officer to be necessary for public safety
because of an unsafe or dangerous condition, nor construed to prevent
any construction or alteration under a permit duly issued prior to
the effective date of this article.
After a public hearing, the Historical Commission may determine
that certain categories of exterior architectural features, structures
or buildings may be constructed or altered without review by the Commission
without causing substantial derogation from the intent and purpose
of this article.
A.
The Historical Commission shall be charged with the enforcement of
this article, and shall determine whether a particular activity is
in violation.
B.
The Historical Commission may, upon its own initiative, or upon a
written complaint of any resident of Fall River, take action to prevent,
correct, restrain or abate alleged violations of this article. The
Commission may not, however, file a lawsuit or take other formal legal
action in the name of the City of Fall River without first obtaining
the approval of the Corporation Counsel. If the Historical Commission
declines to take action on a written complaint submitted by a resident,
the Commission shall promptly notify the resident of the decision.
C.
Whoever violates any of the provisions of this article may be punishable
by a daily fine of up to $300 for each offense.
D.
The Historical Commission may designate the Building Commissioner
of the City of Fall River to act on its behalf and to enforce this
article.
If any of the provisions, sections, subsections, sentences or
clauses of this article shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, the remainder of this article
shall continue to be in full force and effect.
