[Adopted 8-28-1979 by Doc. 218 (Ch. 39, Art. III, of the
1980 Code)]
This article shall be known and may be cited
as the "Haverhill Historic Districts Ordinance."
The purpose of this article is to promote the
educational, cultural, physical, economic and general welfare of the
public through the preservation and protection of the historical assets
of the City of Haverhill, including the buildings, sites and districts
of historical and architectural interest, through the review by a
District Commission herein established of projects that affect the
exterior architectural features and setting of such landmarks of Haverhill's,
the commonwealth's and the nation's history found within the City
and properly designated as provided by the General Laws of Massachusetts.
The boundaries of the Washington Street Historic
District are hereby established as shown on a map entitled "Boundaries
of the Washington Street Historic District" dated April 1979, which
accompanies and is hereby declared to be a part of this article.[1]
[1]
Editor's Note: The map is on file in the office
of the City Clerk.
A.
The Haverhill Historic District Commission, herein
referred to as the "District Commission," shall consist of four regular
and three alternate, City-wide members; also three regular members
and one alternate member for each local district of the City covered
by this article, all of whom are appointed by the Mayor and confirmed
by the City Council.
B.
A full District Commission sitting to make decisions
within a district shall be a body of seven, made up from the four
City-wide members or their alternates and three local district members
or their alternate for that District.
C.
D.
When the District Commission is first established,
the City-wide members shall be appointed as follows: one member for
one year, one member for two years and two members for three years.
The three alternates shall also have initial terms of one, two and
three years.
E.
The Local District Members shall be appointed initially
as follows: one member for one year, one member for two years and
one member for three years; also one alternate for three years.
F.
All members shall serve until a successor is appointed
and confirmed. At the expiration of their respective terms, the Mayor
shall appoint successors for three-year terms in the manner described
in the preceding subsections. Vacancies for any unexpired term shall
be filled in the same manner as in the original appointment.
G.
The District Commission shall elect annually a Chairman
and Vice Chairman from its City-wide members and a Secretary from
within or without its membership.
H.
Alternates shall have all the powers and duties of
regular members when called to serve by the Chairman or Vice Chairman
of the Commission.
I.
All members and alternates shall serve without compensation.
[Amended 7-10-2007 by Doc. 76]
No building or structure within a Historic District shall be constructed, demolished, moved or altered in any way that affects exterior architectural features, and no building shall be moved into a Historic District unless the Commission shall first have issued a certificate of appropriateness, a certificate of hardship or a certificate of nonapplicability with respect to such construction, alteration, demolition or movement. The Building Inspector shall not issue a permit within a Historic District unless one of the certificates noted above has first been issued by the District Commission or the proposed change is exempted from these provisions by § 54-32. If the Commission fails to reach a final decision on an application for such a certificate within 60 days of the filing of an application, unless the applicant consents to an extension of time, the application shall be deemed to be approved.
The authority of the District Commission in
the Washington Street Historic District is not extended to the following:
A.
Temporary structures and signs, subject, however,
to such conditions as to duration of use, location, lighting, removal
and similar matters as the Commission may reasonably specify.
B.
Window air conditioners, antennas and similar appurtenances.
C.
Color of paint for nonmasonry surfaces.
D.
The reconstruction, substantially similar in exterior
design, of a building, structure or exterior architectural feature
damaged or destroyed by fire, storm or other disaster, provided that
such reconstruction is begun within one year thereafter and carried
forward with due diligence.
A.
The District Commission shall have all the powers
and responsibilities of a Historic District Commission as described
in Chapter 40C of the Massachusetts General Laws.
B.
The Commission shall adopt rules and regulations for
the conduct of its business not inconsistent with Chapter 40C of the
General Laws or with the purpose of the Ordinance.
C.
The District Commission may receive and accept appropriations,
grants and gifts for the furthering of the purpose of this article,
to establish a historic marker program, publish guides, maps and other
appropriate publications to illustrate historical and architectural
resources of the districts and to acquire and maintain historic properties.
D.
The District Commission shall serve in an advisory
capacity to the Mayor, the City Council, the Planning Board, the Massachusetts
Historical Commission and any other public agency on matters pertaining
to or affecting any historic structures or sites in the historic districts.
[Amended 7-10-2007 by Doc. 76]
E.
The Planning Director or his designee shall act as
technical advisor to the District Commission and shall cooperate with
the District Commission in the fulfillment of the District Commission's
responsibilities under the General Laws of Massachusetts and shall
perform any and all functions of the Commission which it may lawfully
delegate to him.
F.
The District Commission shall propose changes in the
historic district boundaries as it deems appropriate. Massachusetts
General Laws, Chapter 40C, will guide the procedures for these activities.
A.
The District Commission shall coordinate historic
preservation activities and oversee the preparation and implementation
of historic preservation plans for the historic districts.
B.
The District Commission shall provide assistance to
owners of historic structures on matters pertaining to preservation
of those structures within historic districts.
A.
The District Commission shall adopt rules and regulations
for the conduct of its business not inconsistent with Chapter 40C
of the General Laws or with the purpose of this article.
B.
The District Commission shall act at all times with
a clear understanding of the need of the owners and residents of property
in historic districts to enjoy the amenities of modern life in the
use of their properties.