A.
The City of Pawtucket, Rhode Island hereby declares
the establishment of an Historic District Commission to be a public
purpose which is in the interest of health, safety and general welfare
of the people of Pawtucket and the overall betterment of the community.
B.
This Article is intended to accomplish the following
objectives:
(1)
Safeguard the heritage of the City by preserving individual
structures and historic districts in the City that reflect the special
elements of Pawtucket's cultural, social, economic, political, and
architectural history.
(2)
Maintain property values in such historic districts.
(3)
Foster neighborhood pride and appeal to families who
desire to live in an orderly urban environment.
(4)
Strengthen the local economy through tourism.
(5)
Promote the use of and growth of historic districts
for the education, pleasure and welfare of the citizens of Pawtucket.
The City of Pawtucket shall have the authority,
as provided for in the R.I.G.L § 45-24.1-2, to establish,
change, layout and define districts which are deemed to be of historical
or architectural value in the same manner as cities and towns are
presently empowered to establish or change areas and classifications
of zoning.
[Amended 12-20-2023 by Ch. No. 3287]
As used in this article, the following terms
shall have the following respective meanings unless a different meaning
clearly appears from the context:
An act that changes one or more of the exterior architectural
features of a structure 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 Historic District Commission
established under this Article indicating approval of plans for alteration,
construction, repair, removal or demolition of a structure or appurtenances
of a structure within an historic district. "Appropriate for the purposes
of passing upon an application for a certificate of appropriateness"
means not incongruous with those aspects of the structure, appurtenances
or the district which the Commission has determined to be historically
or architecturally significant.
The City of Pawtucket, Rhode Island.
The Historic District Commission of the City.
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 geographic area of a City or town as designated
by ordinance of the City or town pursuant to Chapter 45-24.1. of the
Rhode Island General Laws. An "historic district" may include one
or more structures.
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
A relocation of a structure on its present 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 the purposes of this chapter, the boundaries of
Historic Districts shall be identified by ordinance and shown on maps
entitled "City of Pawtucket Zoning Map," which is filed in the office
of the City Clerk. Historic districts and individual structures will
be delineated on the City of Pawtucket official Zoning Maps.
B.
Historic property owned by the City of Pawtucket within
the boundaries of designated Historic Districts shall not be exempt
from the provisions of this chapter.
A.
Establishment. Subject to the Rhode Island General
Acts and Procedures prescribed hereunder, there is hereby created
an Historic District Commission, hereafter called the "Commission,"
to carry out the purposes of this chapter.
B.
Appointment. The Commission shall consist of seven
members, residents of the City of Pawtucket, to be appointed by the
Mayor of Pawtucket and confirmed by the City Council of Pawtucket.
Members shall be appointed for a term of three years, except that
the initial appointment of two members shall be for one year, two
members for two years and three members for three years. Members may
be eligible for reappointment. No more than two members of the Commission
shall reside in or own property in the same National Register Historic
District.
[Amended 10-23-1997 by Ch. No. 2470]
C.
Auxiliary member. The Mayor of the City of Pawtucket,
subject to the approval of the City Council, shall have the right
to name an additional or eighth member of the Historic District Commission
of the City to sit as an active member upon the request of the Chairperson
of the Commission, when and if a member of the Commission is unable
to serve at any meetings or hearings.
D.
Qualifications. Members of the Commission shall have
a demonstrated interest in either historic preservation, architectural
history, planning, archaeology, historic construction, neighborhood
improvement, architecture or local history, with no fewer than three
members having expertise in one of these areas. Duly organized and
existing preservation and neighborhood organizations may present to
the appointing authority a list of qualified citizens from which list
the appointing authority may select members.
E.
Organization. The Commission shall organize annually
and by election shall select from its membership a Chairperson, Vice
Chairperson and Secretary and shall adopt rules of procedure deemed
necessary in discharging its duties. The Commission shall meet no
fewer than four times a year.
F.
Transaction of business. The meetings of the Commission
shall be open to the public. Any person or his or her duly constituted
representative shall be entitled to appear and be heard on any matter
before the Commission reaches a decision.
G.
Keeping of records. The Commission shall appoint a
Secretary who shall record the minutes of the meeting. The records
of the Commission shall be available for public inspection in accordance
with all applicable federal, state and local laws and regulations
at the offices of the Department of Planning and Redevelopment and
at the City Clerk's office. Technical assistance to the Commission
shall be provided, as requested, from the City Department of Planning
and Redevelopment.
A.
Surveys. The Historic District Commission may undertake
studies and surveys to identify and evaluate historic properties in
the City of Pawtucket to identify neighborhoods, areas, sites, structures
and objects that have historic, community, architectural or aesthetic
importance, interest or value. As part of the survey, the District
Commission shall review and evaluate any prior surveys and studies
of any unit of government or private organization.
B.
Criteria for consideration of nomination.
(1)
The Historic District Commission shall, upon such
investigation as it deems necessary, make a determination as to whether
a nominated property, structure or area meets one or more of the following
criteria:
(a)
Its character, interest or value as part of
the development, heritage or cultural characteristics of the nation,
state or City.
(b)
Its location as a site of a significant local,
county, state or national event.
(c)
Its identification with a person or persons
who significantly contributed to the development of the nation, state
or City.
(d)
Its embodiment of distinguishing characteristics
of an architectural style valuable for the study of a period, type,
method of construction or use of indigenous materials.
(e)
Its identification as the work of a master builder,
designer, architect or landscape architect whose individual work has
influenced the development of the community or state.
(f)
Its embodiment of elements of design, detailing,
materials or craftsmanship that render it architecturally significant.
(g)
Its embodiment of design elements that make
it structurally or architecturally innovative.
(h)
Its unique location or singular physical characteristics
that make it an established or familiar visual feature.
(i)
Its character as a fine or unique example of
a utilitarian structure, including but not limited to commercial structures,
with a high level of integrity or architectural significance.
(j)
Its suitability for preservation or restoration.
(2)
Any structure, property or area that meets one or
more of the above criteria shall also have sufficient integrity of
location, design, materials and workmanship to make it worthy of preservation
or restoration.
C.
Nomination of Historic Districts. Nominations for
Historic Districts shall be completed by the applicant on a Commission
Property Nomination Form and may be submitted by the Historic District
Commission, a property owner of record, the City Council or any other
person or organization.
D.
Notification and public hearing. The Pawtucket Historic
District Commission shall schedule a public hearing on all districts
whose nomination form is completed in proper form. Notice of the date,
time, place and purpose of the public hearing shall be sent to the
owner of record and the nominating person or organization at least
seven days prior to the date of the hearing.
E.
Historic District Commission procedure. The Historic District Commission shall, within 60 days after the public hearing, adopt by resolution a recommendation that the nominated structure or Historic District does meet the criteria for designation in Subsection B of this section. Nominated properties shall have a letter of consent from the owner or trustee on file with the Commission. The resolution shall be accompanied by a report to the City Council and City Planning Commission containing the rationale for approving any nomination.
[Amended 10-23-1997 by Ch. No. 2470]
A.
Reviewable actions. The Historic District Commission
shall review all plans for new construction on any existing lot or
lots, including any construction, alteration, removal or demolition
of a structure affecting the exterior appearance of any designated
structure within an Historic District. The Historic District Commission
shall have the power to review and approve such plans before a building
or demolition permit is issued.
[Amended 9-9-2010 by Ch. No. 2947]
B.
General procedures.
(1)
Before a property owner may authorize or commence
construction, alteration, repair, removal or demolition affecting
the exterior appearance of a structure or its appurtenances within
any designated Historic District, the owner must apply for and receive
a certificate of appropriateness from the Commission.
(2)
A certificate of appropriateness is necessary for
all window replacements and all construction, alteration, repair,
removal or demolition requiring a building permit. The Director may
not issue a building permit until the Commission has issued a certificate
of appropriateness.
[Amended 8-25-2004 by Ch. No. 2739]
(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 certificates of appropriateness shall
be filed with the Commission at the Department of Planning and Redevelopment,
whose staff shall determine if such application is complete and who
shall forward complete applications, together with all maps, plans
and other data to the Commission for review. Incomplete applications
shall be returned to the applicant within seven working days of receipt
of the Department of Planning and Redevelopment.
(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 as set forth in the Commission's
rules and regulations.
D.
Commission's review of applications.
(1)
In reviewing applications and plans, the Commission
shall give consideration to:
(a)
The historical and architectural significance
of the structure and its appurtenances.
(b)
The way in which the structure and its appurtenances
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.
(2)
The Commission shall pass only on exterior features
of a structure and its appurtenances and shall not consider interior
arrangements.
(3)
The Commission shall use the standards contained in
the publication Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings by the Secretary of the Interior as its primary
guide.
(4)
All decisions of the Commission shall be in writing.
The Commission shall articulate and explain the reasons and basis
of each decision on 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.
[Amended 9-9-2010 by Ch. No. 2947]
A.
Demolition
is defined in the chapter as "the act of pulling down, destroying,
removing or razing a building or commencing the work of total or substantial
destruction with the intent of completing the same." In addition to
complete demolition of a building, the following actions may require
a demolition permit.
(1)
Removal
of a roof (for example, raising the overall height of a roof, rebuilding
the roof to a different pitch, or adding another story to a building);
(2)
Removal
of one side of a building;
(3)
Gutting
of a building's interior to the point where exterior features (windows,
etc.) are impacted; and
(4)
Removal
of more than 25% of a structure.
B.
In order
to preserve the historic fabric of the City, demolition of historic
properties shall be discouraged. When reviewing an application for
a certificate of appropriateness to demolish an historic structure
or appurtenance, the HDC shall consider the following criteria, in
addition to the provisions of the adopted Standards and Guidelines.
(1)
A
"significant historic building" is one that is at least 50 years old
and is listed on the National Register of Historic Places, or is eligible
for listing on the National Register of Historic Places, or is a designated
landmark, or is in the local historic district, or is determined by
a majority of the Commission to be "importantly associated with one
or more historic persons or events, or with the broad architectural,
cultural, political, economic or social history of the City or the
state, or historically or architecturally significant (in terms of
period, style, method of building construction or association with
a famous architect or builder) either by itself or in the context
of a group of buildings." A determination that a significant building
is "preferably preserved" (relative to the proposed replacement structure)
is made if a majority of the Commission finds that it is in the public
interest that the building should be preserved.
(2)
In
the case of an application for removal or demolition affecting the
exterior appearance of a structure or its appurtenances, the Commission
shall endeavor to work out with the owner an economically feasible
plan for the preservation of such structure.
C.
When considering an application to demolish or remove
a significant historic building, the Commission shall assist the owner
in identifying and evaluating alternatives to demolition, including
sale of the structure on its present site.
D.
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.
E.
Procedure.
(1)
Within seven days of receipt of a certificate of appropriateness
application for demolition for a building or structure which is 50
years or older, the Director shall forward a copy of this application
to the Commission. No demolition permit should be issued at that time,
and no demolition may occur.
(2)
Application requirements for Commission review of proposed demolition:
A completed certificate of appropriateness application and demolition
permit application shall be submitted to the Historic District Commission
(HDC). Application forms can be obtained from the Zoning and Code
Enforcement and Department of Planning offices. The application forms
must be signed by the record owner and must be accompanied by a site
plan that indicates the location of the structure and the extent of
demolition. (Information about the contractor and disposal of debris
need not be provided in order to initiate HDC review, though the information
will be required by Zoning before a demolition permit will be issued).
Upon receipt of a completed application, the HDC staff will make an
initial determination of significance and, if necessary, schedule
the case for the next available HDC meeting.
(a)
An application that requires review by the Historic District
Commission must be accompanied by six sets of the following supplemental
materials:
[1]
Dimensioned engineered site plan of existing conditions and
of the proposed replacement project. The site plan should indicate
the relationship to the surrounding structures and properties.
[2]
Schematic elevation drawings of the existing building and the
proposed replacement project (can be indicated on the same drawing).
Dimensions and construction materials should be indicated. Elevations
that demonstrate the relationship to neighboring structures are preferred.
(This requirement may be waived at the discretion of the Director).
[3]
Any application for a project that also requires zoning relief
(variance or special permit) must include the Zoning Board of Appeals
application.
(b)
The following additional materials may be submitted with the
application, but are not required to complete the application:
[1]
Engineer's report or other report on the condition of the structure.
(c)
Supplemental application materials should not exceed 11 inches
by 17 inches in size. The Historic Commission does not charge an application
fee, but we do require that six copies of the supplemental materials
be submitted with the application
(3)
Within 30 days from the Commission's receipt of a complete demolition
permit application, the Commission shall determine whether the structure
is a significant historic structure. If the Commission determines
the building or structure is not considered significant, the Commission
shall so notify the Director in writing and the Building Commissioner
may issue a demolition permit. If the building or structure is determined
to be significant, the Commission shall so notify the owner and the
Director in writing, and the Director shall not issue a demolition
permit for a period of six months from the date of the application,
unless the Commission informs the Director prior to the expiration
of said six months that the applicant for the demolition has made
a reasonable but unsuccessful effort to locate a purchaser for the
building or structure, or one who is willing to preserve, rehabilitate
or restore the building or structure, or has agreed to accept a demolition
permit on specified conditions approved by the Commission. If the
Commission does not determine that the building or structure is considered
significant within 30 days of the Historic Commission's receipt of
a complete demolition permit application, the Director may issue a
demolition permit.
F.
Emergency demolition.
(1)
The Commission shall approve an application for demolition when,
in the opinion of the Director, Fire Chief or the Public Safety Director,
the building constitutes a hazard to public safety.
G.
Unless the Commission votes to issue a certificate of appropriateness
for such construction, alteration and repair, removal and demolition,
the Commission shall file with the Director its rejection of such
application.
H.
In the absence of change in such structure arising from casualty,
no new application for the same or similar work shall be filed within
one year after such rejection.
I.
In the case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Commission may file with the Director its certificate of appropriateness for such application if any of the circumstances under which a certificate of appropriateness might have been given under Subsection H are in existence, or if:
(1)
Preservation of such structure is a deterrent to a major improvement
program which will be of substantial benefit to the community.
(2)
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.
(3)
The preservation of such structure would not be in the best interest
of the majority of the community.
J.
Photographic documentation. Prior to the issuance of an demolition
permit for any significant historic building, the applicant must provide
photographic documentation. The requirements and guidelines for this
documentation that have been approved by the Commission are on file
with the Department of Planning and Redevelopment.
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 than 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 City, its agencies, boards,
commissions, staff and the City 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 ordinary 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 or appearance of
the structure or its appurtenances; nor shall anything in this article
be construed to prevent the construction, alteration, repair, moving
or demolition of any structure under a permit issued by the Director
prior to the passage of such article.
[Amended 12-20-2023 by Ch. No. 3287]
Any person or persons jointly or severally aggrieved by a decision
of the Historic District Commission has the right to appeal the decision
to the Zoning Board of Review and a further right of appeal from the
Zoning Board to the Superior Court in the same manner provided in
R.I.G.L. § 45-24-69 and from the Superior Court by writ
of certiorari. 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
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 Commission.
A.
Violation of the provisions of this article or failure
to comply with any of its requirements shall constitute a violation.
Any person who violates this article or who fails to comply with any
of its requirements shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a separate
offense.
[Amended 5-24-2018 by Ch. No. 3160]
B.
Nothing herein contained shall prevent the City from
taking such lawful action as is necessary to prevent or remedy any
violations.
The following actions are exempt from review
of the Historic District Commission:
A.
Painting: preparation, materials or colors.
B.
Decorating: holiday or other.
C.
Normal landscaping, including shrubs, trees, flowers,
window flower boxes and other plantings; also exterior lighting and
flags and flagpoles.
D.
Repair of any existing walkway, driveway, wall, fence
or terrace in the same location and with the same materials.
E.
Window air-conditioning units.
F.
Temporary structures or signs used for special events
and whose duration will not exceed any guidelines established by the
Commission.
G.
The reconstruction, in the same 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 and is continued to completion without substantial
interruption.
H.
Storm doors, storm windows and canvas awnings.
I.
All ordinary maintenance and repair of any of the
existing features or building that does not involve a change in design,
materials or the outward appearance.
J.
The removal of deteriorated, damaged or dangerous
building features, provided that unapproved new ones are not installed.
This includes but is not limited to porches, stairs, shutters, porticoes,
car parks, fences and walls.
