This article shall be known as and may be cited
as the "Barnstable Historic Landmark Ordinance."
This article is enacted pursuant to authority
derived from Section 6 of the Home Rule Amendment to the Constitution
of the Commonwealth of Massachusetts, and Charter of the Town of Barnstable.
The purpose of this article is to promote the
educational, cultural, economic and general welfare of the public
through the preservation and protection of the distinctive characteristics
of structures and landscapes significant in the history or architecture
of Barnstable, and through the maintenance and improvement of settings
for such structures and landscapes.
For purposes of this article, the following
words shall have the following meanings:
ALTERED
Changed in exterior color or appearance, rebuilt, reconstructed,
restored, removed, or remodelled.
BUILDING
A combination of materials forming a shelter for persons,
animals, or property.
COMMISSION
The municipal historical commission established under § 8D of Chapter
40 of the General Laws.
CONSTRUCTED
Built, erected, installed, enlarged, or moved.
DEMOLISHED
Destroyed or altered in such a substantial manner as to constitute
destruction.
EXTERIOR ARCHITECTURAL FEATURE
A portion of the exterior of a building or structure as is
open to view from a public street, public way, public park, or public
body of water or is identified for preservation in an ordinance establishing
a district or landmark, including but not limited to the architectural
style and general arrangement and setting thereof, the kind, color,
and texture of exterior building materials, the color of paint or
other materials applied to exterior surfaces and the type and style
of windows, doors, lights, signs, and other appurtenant exterior fixtures.
LANDMARK
Any structure or landscape as established in accordance with §
112-12.
LANDSCAPE
A streetscape or an arrangement of land for human use and
enjoyment, including placement of structures, vehicular and pedestrianways,
and plantings.
PERSON AGGRIEVED
The applicant, an owner of adjoining property, an owner of
property within the same historic district or of property within 100
feet of the property lines of the property subject of the application,
and any charitable corporation having as one of its purposes the preservation
of historic buildings or places.
STRUCTURE
A combination of materials including, but not limited to,
a building, bridge, tower or other engineering work, sign, fence,
wall, terrace, walk, or driveway.
Nothing in this article shall be construed to
prevent the ordinary maintenance, repair or replacement of any exterior
architectural feature of a landmark which does not involve a change
in design or material or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent
compliance with 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 the order which designated that landmark, nor construed to prevent
the reconstruction, substantially similar in exterior design, of a
structure or exterior architectural feature damaged by fire, storm
or other disaster, provided such reconstruction is commenced within
one year thereafter and carried forth with due diligence.
The Commission shall have the powers, functions
and duties with respect to each landmark as is provided historic district
commissions under Clauses (a) through (g) of § 10 of Chapter
40C of the General Laws with respect to historic districts, including
without limitation with respect to approval and disapproval of certificates
of appropriateness, nonapplicability and hardship, the dating and
signing of such certificates, the keeping of records and adoption
of rules and regulations, the filing with the Town Clerk and Building
Department of certificates and determinations of disapproval by it,
and the determination of designs of appurtenances which will meet
the requirements of the landmark.
The Commission shall adopt rules for the reasonable
conduct of meetings and public hearings, which rules shall not be
inconsistent with the procedures provided for meetings of and hearings
by the historic district commissions under § 11 of Chapter
40C of the General Laws. In the absence of the adoption of any such
rules, meetings and public hearings of the Commission shall be in
conformity with the provisions of § 11 of Chapter 40C applicable
to historic district commissions.
The Commission is specifically authorized to
institute any and all actions in court, including an action for injunctive
relief, as deemed necessary and appropriate to obtain compliance with
the requirements of any section of this article or to prevent a threatened
violation thereof. Any violation of this article may be punished to
the like extent provided in § 13 of Chapter 40C of the General
Laws for a violation of said chapter, except that no such fine shall
exceed $300. In addition to the foregoing, no building permit shall
be issued, with respect to any premises upon which a landmark has
been voluntarily demolished otherwise than pursuant to a certificate
granted after compliance with the provisions of this article, for
a period of two years after the date of the completion of such demolition.
(The word "premises" for the purpose of this sentence refers to the
parcel of land upon which the demolished structure was located and
all adjoining parcels of land under common ownership or control.)
No provision of this article shall alter or diminish the duties and functions of the Commission under the authority of Chapter
40, § 8D, or of a historic district commission established under the authority of Chapter 40C of the General Laws, or restrict the establishment of any additional historic district under said Chapter 40C.
The provisions of this article are severable.
If any provision shall be held to be invalid or unconstitutional by
any court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.