§ 45-24.1-4 - Permit required to construct, alter, or demolish structure – Application – Written decisions of commission – Powers of commission.
SECTION 45-24.1-4
§ 45-24.1-4 Permit required to construct,alter, or demolish structure – Application – Written decisions ofcommission – Powers of commission. – (a) The commission shall, within twelve (12) months of the date the localhistoric district zoning ordinance takes effect:
(1) Adopt and publish all rules and regulations necessary tocarry out its functions under the provisions of this chapter; and
(2) Publish standards as necessary to inform historicdistrict residents, property owners, and the general public of those criteriaby which the commission determines whether to issue a certificate ofappropriateness. The commission may amend these standards as reasonablynecessary, and it shall publish all amendments.
(b) Before a property owner or public utility as defined insubdivision 39-1-2(20) that is installing a gas regulator or gas meter mayauthorize or commence construction, alteration, repair, removal, or demolitionaffecting the exterior appearance of a structure or its appurtenances within ahistoric district or affecting a historic cemetery wherever located within acity or town, the owner or public utility must apply for and receive acertificate of appropriateness from the commission. In applying, the owner orpublic utility must comply with application procedures established by thecommission pursuant to this chapter and the applicable local ordinance. Thecommission shall require the owner or public utility to submit informationwhich is reasonably necessary to evaluate the proposed construction,alteration, repair, removal, or demolition, including, but not limited to,plans, drawings, photographs, or other information. The owner of the propertyor the public utility must obtain a certificate of appropriateness for theproject whether or not state law requires that he, she or it also obtain apermit from the local building official. The building official shall not issuea permit until the commission has granted a certificate of appropriateness.
(c) In the case of a historic cemetery, the owner must complywith all provisions of law and make suitable and appropriate provisions for thereinterment of any human remains in an established cemetery. Original orexisting headstones and markers shall be preserved and installed at the site ofthe reinterment.
(d) In reviewing plans, the commission shall giveconsideration to:
(1) The historic and architectural significance of thestructure and its appurtenances;
(2) The way in which the structure and its appurtenancescontribute to the historical and architectural significance of the district; and
(3) The appropriateness of the general design, arrangement,texture, materials, and siting proposed in the plans.
The commission shall pass only on exterior features of astructure and its appurtenances and shall not consider interior arrangements.
(e) All decisions of the commission shall be in writing. Thecommission shall articulate and explain the reasons and bases of each decisionon a record, and, in the case of a decision not to issue a certificate ofappropriateness, the commission shall include in the bases for its conclusionthat the proposed activity would be incongruous with those aspects of thestructure, appurtenances, or the district which the commission has determinedto be historically or architecturally significant. The commission shall send acopy of the decision to the applicant.
(f) In the case of an application for construction, repair,alteration, removal, or demolition affecting the exterior appearance of astructure, or its appurtenances, which the commission deems so valuable to thecity, town, state, or nation, that the loss of that structure will be a greatloss to the city, town, state, or nation, the commission shall endeavor to workout with the owner an economically feasible plan for the preservation of thatstructure. Unless the commission is satisfied that the retention of thestructure constitutes a hazard to public safety, which hazard cannot beeliminated by economic means available to the owner, including the sale of thestructure to any purchaser willing to preserve the structure, or unless thecommission votes to issue a certificate of appropriateness for the proposedconstruction, alteration, repair, removal, or demolition, the commission shallfile with the building official or duly delegated authority its rejection ofthe application. In the absence of a change in the structure arising fromcasualty, no new application for the same or similar work shall be filed withinone year after the rejection.
(g) In the case of any structure deemed to be valuable forthe period of architecture it represents and important to the neighborhoodwithin which it exists, the commission may file with the building official, orother duly delegated authority its certificate of appropriateness for anapplication if any of the circumstances under which a certificate ofappropriateness might have been given under subsection (6) are in existence orif:
(1) Preservation of the structure is a deterrent to a majorimprovement program which will be of substantial benefit to the community;
(2) Preservation of the structure would cause undue orunreasonable financial hardship to the owner, taking into account the financialresources available to the owner, including the sale of the structure to anypurchaser willing to preserve the structure; or
(3) The preservation of the structure would not be in theinterest of the majority of the community.
(h) When considering an application to demolish or remove astructure of historic or architectural value, the commission shall assist theowner in identifying and evaluating alternatives to demolition, including thesale of the structure and its present site. In addition to any other criteria,the commission also shall consider whether there is a reasonable likelihoodthat some person or group other than the current owner is willing to purchase,move, and preserve the structure, and whether the owner has made continuing,bona fide, and reasonable efforts to sell the structure to any purchaserwilling to move and preserve the structure.
(i) No less than fifteen (15) days after receiving anapplication to demolish or to remove an historic cemetery, the commission shallforward the application to the commission to study historic cemeteries. Thecommission shall also immediately forward to the commission to study historiccemeteries its finding of fact, if any, together with its action on theapplication.