[Adopted 4-27-1965 by Ord. No. 47; amended 7-27-1982; 6-27-1989]
[Amended 7-28-1992]
In order to promote the educational, cultural,
economic and general welfare of the Town of Farmington and the public
through the preservation and protection of the distinctive characteristics
of buildings and places associated with the history of or indicative
of a period or style of architecture of the Town, state or nation,
the Farmington Historic District, as described in Exhibit A and as
shown on the map, Exhibit B, annexed hereto,[1] is established pursuant to C.G.S. §§ 7-147a
to 7-147k, inclusive, as amended.
[1]
Editor's Note: Exhibits A and B are on file
in the Clerk's office.
[Amended 7-28-1992; 3-9-2004]
The Farmington Historic District Commission
(hereinafter referred to as the "Commission") shall consist of five
regular members and three alternate members, who shall be electors
of the Town holding no salaried municipal office. It shall be the
purpose of the Commission to perform the duties and functions of an
historic district commission and historic properties commission as
provided in C.G.S. §§ 7-147a to 7-147y, inclusive,
as amended, and this article.
A.
Commission members shall be appointed by the Town
Council and shall serve for a term of five years, except that an appointment
to fill an unexpired term shall be for the duration of such unexpired
term only. The term of appointment of at least one member shall expire
each year, and their successors shall be appointed in like manner
for terms of five years.
B.
At all times at least three regular members and two
alternate members of the Commission shall be residents from within
the Farmington Historic District herein established. If a regular
member of the Commission is absent or has a conflict of interest,
the Chairman of the Commission shall designate an alternate to so
act, choosing alternates in rotation so that they shall act as nearly
an equal number of times as possible. If any alternate is not available
in accordance with such rotation, such fact shall be recorded in the
minutes of the meeting.
C.
The Commission shall elect annually a Chairman, a
Vice Chairman and a Clerk from its own number. Each regular member
shall continue in office until his/her successor is duly appointed.
All members shall serve without compensation. Any regular or alternate
member may be appointed for another term or terms.
D.
The membership of any person who is absent from three
regular meetings during any six-month period shall terminate as of
the time the third such absence occurs, unless such absences are waived
by the Chairman of such Commission because of illness or other extenuating
circumstances. The Chairman of the Commission shall notify the Town
Manager promptly after the third such absence occurs.
[Added 7-28-1992]
E.
The term of each member shall expire on September
30 of the year that is currently provided in this chapter for the
expiration of the term of each member, and the term of a successor
member shall commence on October 1.
[Added 7-28-1992]
A.
The Commission shall adopt rules of procedure not
inconsistent with the provisions of C.G.S. §§ 7-147a
to 7-147y, inclusive, as amended. The Commission may adopt regulations
not inconsistent with its enabling act to provide guidance to property
owners as to the factors to be considered in preparing an application
for a certificate of appropriateness.
[Amended 3-9-2004]
B.
The Commission shall also keep a permanent record
of its resolutions, transactions and determinations and of the vote
of each member participating therein.
[Amended 7-28-1992; 3-9-2004]
The Commission shall be vested with all the
powers and shall faithfully perform all duties imposed upon historic
district commissions and historic properties commissions in C.G.S.
§§ 7-147a to 7-147y, inclusive, as amended.
The Commission shall fix the time and place
of its regular meetings and provide a method for calling special meetings.
The presence of four members shall constitute a quorum, and no resolution
or vote, except a vote to adjourn or fix the time and place of its
next meeting, shall be adopted by less than three affirmative votes.
As used in this article, the following terms
shall have the meanings indicated:
Changed, modified, rebuilt, removed, demolished, restored,
razed, moved or reconstructed.
A combination of materials forming a shelter for persons,
animals or property.
Constructed, built, installed or enlarged.
Such portion of the exterior of a structure or building as
is open to view from a public street, way or place.
Any individual building, structure, object or site that is
significant in the history, architecture, archaeology and culture
of the Town, state or nation and the real property used in connection
therewith.
[Added 3-9-2004]
Any combination of materials, other than a building, which
is affixed to the land, and shall include but not be limited to signs,
fences and walls.
[Amended 3-9-2004]
A.
No building or structure shall be erected or altered
within the Historic District or within the boundaries of an historic
property until after an application for a certificate of appropriateness
as to exterior architectural features has been submitted to and approved
by the Commission.
B.
No building permit for erection of a building or structure
or for alteration of an exterior architectural feature within the
Historic District or within the boundaries of an historic property
and no demolition permit for demolition or removal of a building or
structure within the Historic District or within the boundaries of
an historic property shall be issued by the Town or any department,
agency or official thereof until a certificate of appropriateness
has been issued. A certificate of appropriateness shall be required
whether or not a building permit is required.
C.
The Commission may request such plans, elevations,
specifications, material and other information, including, in the
case of demolition or removal, a statement of the proposed condition
and appearance of the property after such demolition or removal, as
may be reasonably deemed necessary by the Commission to enable it
to make a determination on the application. The style, material, size
and location of outdoor advertising signs and bill posters within
the Historic District or within the boundaries of an historic property
shall also be under the control of such Commission. The provisions
of this section shall not be construed to extend to the color of paint
used on the exterior of any building or structure.
D.
No area within the Historic District or within the
boundaries of an historic property shall be used for industrial, commercial,
business, home industry or occupational parking, whether or not such
area is zoned for such use, until after an application for a certificate
of appropriateness as to parking has been submitted to the Commission
and approved by said Commission. The provisions of this section shall
apply to the enlargement or alteration of any such parking area in
existence on October 1, 1973.
A.
The Commission shall hold a public hearing upon each
application for a certificate of appropriateness, unless the Commission
determines that such application involves items not subject to approval
by it. The Commission shall fix a reasonable time and place for such
hearing. Notice of the time and place of such hearing shall be given
by publication in the form of a legal advertisement appearing in a
newspaper having a substantial circulation in the municipality at
least twice, at intervals of not less than two days, the first not
more than 15 days nor less than 10 days and the last not less than
two days before such hearing. For all applications, the Planning Department
shall mail notice of the public hearing no later than 10 days before
such hearing by certified mail, return receipt, to all owners of property
which are abutting any boundary of the property or are directly across
from any street or roadway which is abutting any boundary of the property
which is the subject of the application. The names and addresses used
shall be those as recorded in the office of the Town Assessor on the
date the application is filed. In the case where a property requiring
notice has been submitted to common-interest ownership, such as a
condominium, the required notice need only be sent to the homeowners'
association. In addition, the applicant shall post a notification
sign provided by the Planning Department on the property at least
seven days prior to the date of the public hearing.
[Amended 7-28-1992; 12-11-2001]
B.
Within not more than 65 days after the filing of an
application as required by C.G.S. § 7-147d or 7-147s, as
amended, the Commission shall pass upon such application and shall
give written notice of its decision to the applicant. When a certificate
of appropriateness is denied, the Commission shall place upon its
records and in the notice to the applicant the reasons for its determination.
In the notice to the applicant the Commission may make recommendations
relative to design, arrangement, texture, material and similar features.
The Commission may issue a certificate of appropriateness with stipulations.
Evidence of approval, as referred to in C.G.S. § 7-147d
or 7-147s, shall be by certificate of appropriateness issued by the
Commission. Failure of the Commission to act within said 65 days shall
constitute approval and no other evidence of approval shall be needed.
[Amended 3-9-2004]
A.
If the Commission determines that the proposed erection,
alteration or parking will be appropriate, it shall issue a certificate
of appropriateness. In passing on appropriateness as to exterior architectural
features, buildings or structures, the Commission shall consider,
in addition to other pertinent factors, the type and style of exterior
windows, doors, light fixtures, signs, aboveground utility structures,
mechanical appurtenances and the type and texture of building materials.
In passing upon appropriateness as to exterior architectural features,
the Commission shall also consider, in addition to any other pertinent
factors, the historical and architectural value and significance,
architectural style and pertinent features of other buildings and
structures in the immediate neighborhood. No application for a certificate
of appropriateness for an exterior architectural feature, such as
a solar energy system, designed for the utilization of renewable resources
shall be denied, unless the Commission finds that the feature cannot
be installed without substantially impairing the historic character
and appearance of the district. A certificate of appropriateness for
such a feature may include stipulations requiring design modifications
and limitations on the location of the feature which do not significantly
impair its effectiveness. In passing upon appropriateness as to parking,
the Commission shall take into consideration the size of such parking
area, the visibility of cars parked therein, the closeness of such
area to adjacent buildings and other similar factors. In passing upon
the appropriateness of alterations to earthworks or sites of historic
or archaeological importance, the Commission shall consider, in addition
to any other pertinent factors, their value and significance, size,
design, arrangement, texture and materials.
[Amended 3-9-2004]
B.
In its deliberations, the Commission shall act only
for the purpose of controlling the erection or alteration of buildings,
structures or parking which are incongruous with the historic or architectural
aspects of the district. The Commission shall not consider interior
arrangement or use. However, the Commission may recommend adaptive
reuse of any buildings or structures within the district compatible
with the historic architectural aspects of the district.
[Amended 3-9-2004]
Where, by reason of topographical conditions,
district borderline situations or because of other unusual circumstances
solely with respect to a certain parcel of land and not affecting
generally the district in which it is situated, the strict application
of any provision of C.G.S. §§ 7-147a to 7-147y, inclusive,
as amended, would result in exceptional practical difficulty or undue
hardship upon the owner of any specific property, the Commission,
in passing upon applications, shall have the power to vary or modify
strict adherence to said sections or to interpret the meaning of said
sections so as to relieve such difficulty or hardship, provided that
such variance, modification or interpretation shall remain in harmony
with the general purpose and intent of said sections so that the general
character of the district shall be conserved and substantial justice
done or, as to an historic property, the historic and architectural
aspects of the historic property conserved. In granting variations
the Commission may impose such reasonable and additional stipulations
and conditions as will, in its judgment, better fulfill the purposes
of said sections. In addition to the filing required by Subsection
(b) of C.G.S. § 7-147e or 7-147v, the Commission shall,
for each variation granted, place upon its records and in the notice
to the applicant the reason for its determinations.
[Amended 3-9-2004]
A.
If any provision of C.G.S. §§ 7-147a
to 7-147y, inclusive, as amended, or any action taken or ruling made
by the Historic District Commission pursuant to the provisions of
said sections or of any regulation or ordinance adopted under said
sections has been violated, the Commission may, in addition to other
remedies, institute an action in the Superior Court for the judicial
district wherein such violation exists, which Court shall have jurisdiction
to restrain such violation and to issue orders directing that the
violation be corrected or removed. Such order may direct the removal
of any building, structure or exterior architectural feature erected
in violation of said sections or any bylaw or ordinance adopted under
said sections or the substantial restoration of any building, structure
or exterior architectural feature altered or demolished in violation
of said sections or any regulation or ordinance adopted under said
sections. Regulations and orders of the Commission issued pursuant
to said sections or to any regulation or ordinance adopted under said
sections shall be enforced by the Zoning Enforcement Officer or Building
Official or by such other person as may be designated by ordinance
who may be authorized to inspect and examine any building, structure,
place or premises and to require, in writing, the remedying of any
condition found to exist therein or thereon in violation of any provision
of the regulations or orders made under the authority of said sections
or of any regulation or ordinance adopted under said sections.
B.
The owner or agency of any building, structure or
place where a violation of any provision of C.G.S. §§ 7-147a
to 7-147y, inclusive, or of any regulation or ordinance adopted under
said sections has been committed or exists or the lessees or tenants
of an entire building, entire structure or place where such violation
has been committed or exists or the owner, agent, lessee or tenant
of any part of the building, structure or place in which such violation
has been committed or exists or the agent, architect, builder, contractor
or any other person who commits, takes part or assists in any such
violation or who maintains any building, structure or place in which
any such violation exists shall be fined not less than $10 nor more
than $100 for each day that such violation continues; but if the offense
is willful, the person convicted thereof shall be fined not less than
$100 nor more than $250 for each day that such violation continues.
The Superior Court for the judicial district wherein such violation
continues or exists shall have jurisdiction of all such offenses,
subject to appeal as in other cases. Each day that a violation continues
to exist shall constitute a separate offense. All costs, fees and
expenses in connection with actions under this section may, in the
discretion of the Court, be assessed as damages against the violator,
which, together with reasonable attorney's fees, may be awarded to
the Historic District Commission which brought such action. Any funds
collected as fines pursuant to this section shall be used by the Commission
to restore the affected buildings, structures or places to their condition
prior to the violation wherever possible and any excess shall be paid
to the municipality in which the district or historic property is
situated.
Any person or persons severally or jointly aggrieved
by any decision of the Historic District Commission or of any officer
thereof may, within 15 days from the date when such decision was rendered,
take an appeal to the Superior Court for the judicial district of
Hartford/New Britain at Hartford, which appeal shall be made returnable
to such Court in the same manner as that prescribed for other civil
actions brought to such Court. Notice of such appeal shall be given
by leaving a true and attested copy thereof in the hands of or at
the usual place of abode of the Chairman or Clerk of the Commission
within 12 days before the return day to which such appeal has been
taken. Procedure upon such appeal shall be the same as that defined
in C.G.S. § 8-8, as amended.
[Amended 3-9-2004]
A.
Nothing in C.G.S. §§ 7-147a to 7-147y,
inclusive, as amended, shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in the
Historic District or on an historic property which does not involve
a change in the appearance or design thereof or to prevent the erection
or alteration of any such feature which the Building Official or a
similar agent certifies is required by the public safety because of
a condition which is unsafe or dangerous due to deterioration or to
prevent the erection or alteration of any such feature under a permit
issued by a Building Official or similar agent prior to the effective
date of establishment of such district.
B.
If a building in the Historic District or on an historic
property is to be demolished, no demolition shall occur for 90 days
from the issuance of a demolition permit if during such time the Historic
District Commission or the Connecticut Historical Commission is attempting
to find a purchaser who will retain or remove such building or who
will present some other reasonable alternative to demolition. During
such ninety-day period, the Town may abate all real property taxes.
At the conclusion of such ninety-day period, the demolition permit
shall become effective and the demolition may occur. Nothing in this
section shall be construed to mandate that the owner of such property
sell such property or building.
[Amended 3-9-2004; 2-26-2008; 2-13-2012; 7-13-2021; 2-7-2023; 2-4-2024]
The boundaries of the Farmington Historic District
shall be shown on a map captioned "The Town of Farmington Official
Historic District and Historic Properties Map," approved by the Town
Council January 2, 2024, effective date February 4, 2024, and on a
legal description attached hereto and incorporated and made part of
this article.[1]
[1]
Editor's Note: The map and legal description
are on file in the Clerk's office.
The facilities and services of the Farmington
Town Planner, his staff and office shall be available to the Commission
as it may reasonably require. The Commission shall otherwise operate
within the amount of the appropriation provided in the Town budget
each year.
This article shall not apply to property owned
by the Town of Farmington so long as the Town of Farmington owns such
property.
