Sec. 7-147d. Certificate of appropriateness: Parking areas.
Sec. 7-147d. Certificate of appropriateness: Parking areas. (a) No building or
structure shall be erected or altered within an historic district until after an application
for a certificate of appropriateness as to exterior architectural features has been submitted
to the historic district commission and approved by said commission.
(b) No building permit for erection of a building or structure or for alteration of an
exterior architectural feature within an historic district and no demolition permit for
demolition or removal of a building or structure within an historic district shall be issued
by a municipality 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 historic district 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 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 an historic district 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 an historic district 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.
(1961, P.A. 430, S. 4; 1963, P.A. 600, S. 2; P.A. 73-473, S. 1; P.A. 80-314, S. 4.)
History: 1963 act redefined "exterior architectural features", deleted stone walls, fences, signs, light fixtures, steps and
paving from purview of certificate and excluded exterior paint color from provisions of section; P.A. 73-473 added Subsec.
(b) re parking areas; P.A. 80-314 deleted "restored, moved or demolished" and removed definition of "exterior architectural
features" from Subsec. (a), added Subsec. (b) re certificates of appropriateness, added Subsec. (c) including provisions re
signs and exterior paint color, previously in Subsec. (a), and stating what information is necessary for commission's decision
on application and relettered former Subsec. (b) as Subsec. (d).
Cited. 153 C. 160. Cited. 171 C. 199. Cited. 189 C. 727. Cited. 196 C. 596.
Cited. 29 CA 28.
Subsec. (d):
A reading of the word "occupational" that restricts it strictly to for-profit commercial or industrial uses would render
other words unnecessary surplusage, which would violate basic tenet of statutory construction that legislature does not
intend to enact meaningless provisions. 284 C. 838. Subsec. plainly and unambiguously encompasses parking for private
elementary educational facilities because legislature drafted statute with language clearly intended to subject a broad variety
of nonresidential parking uses to historic district regulation. Id. Legislature's enactment of Sec. 7-147k(b) which exempts
from provisions of historic district act "any property owned by a nonprofit institution of higher education, for as long as
a nonprofit institution of higher education owns such property" further supports a construction of Subsec. subjecting
nonprofit private elementary school to jurisdiction of the commission. Id.