Historic districts are overlay zoning districts which cover designated districts or structures within the Town of Cumberland. The purpose of historic districts is to safeguard the heritage of the Town by preserving designated districts and structures of historic or architectural value which reflect elements of Cumberland's cultural, social, economic, political, and architectural history; to stabilize and improve property values in such districts or designated structures; to maintain and foster civic beauty; to strengthen the economy; and to promote the use of designated districts and structures for the education, pleasure and welfare of the citizens. An historic district may include properties which are associated with broad patterns, events, and/or people significant in local, state or national history; which embody the distinctive characteristics of a broad range of building types and architectural styles; which possess high artistic value and/or represent the work of a master builder, architect, landscape architect or other designer; or which lack individual distinction but which add to the Historic District Zone's status as a significant and distinguishable sociocultural entity.

(a) Historic District Commission - Membership

The Historic District Commission, hereinafter known as the HDC, shall administer the Historic District and perform such duties as to promote historic preservation in Cumberland.

(1) Qualifications: Members of the HDC shall have demonstrated a general interest in historic preservation, and may be drawn from, but not be limited to the following professions and disciplines: American history, architectural history, landscape design, architecture, archeology, preservation, law, real estate, planning or historic building contracting.

(2) Term: The HDC shall consist of seven (7) qualified members who shall reside in the Town. The members shall be appointed by the Town Council to serve for terms ending as follows:

i) Two (2) members shall serve an initial term of one (1) year from the date of their first appointment.

ii) Two (2) members shall serve an initial term of two (2) years from the date of their first appointment.

iii) Three (3) members shall serve a term of three (3) years from the date of his/her first appointment.

Thereafter all members shall serve for terms of three (3) years in accordance with State law and shall be eligible for reappointment. Upon expiration of said term, appointed members shall continue to serve until a successor is appointed.

(3) Auxiliary Member: The Council shall have the right to name an auxiliary member to the HDC in addition to the regular members, which auxiliary member shall sit as an active member, upon the request of the Chair when and if a regular member of the HDC is unable to serve at any meeting of the HDC.

(4) Vacancy: In the event of a vacancy on the HDC, the Council shall make an interim appointment to fill the unexpired term(s) of such member(s). Vacancies shall be filled within ninety (90) days.

(5) Organization: The HDC shall include a Chair and a Vice-Chair elected from its membership. The Department of Planning and Community Development shall assign staff to work with the HDC.

(b) Conduct of Business

The Chair shall preside over all HDC meetings and shall have the right to vote. The Vice-Chair shall, in the case of absence or disability of the Chair, perform the duties of the Chair. All meetings of the HDC shall be open to the public and any person, organization or duly authorized representative shall be entitled to appear and be heard on any matter before the HDC reaches its decision.

(1) Record: The HDC shall keep a taped or stenographic record of all meetings and a written record of all resolutions, proceedings, findings, decisions and actions, and all such records shall be open to the public.

(2) Quorum: A quorum shall be necessary for business to be conducted before the HDC. A majority of the duly appointed members shall constitute a quorum.

(e) Powers and Duties of the HDC

The HDC shall have the following powers and duties:

(1) Regulation of Development in Historic Districts: The HDC shall be authorized to regulate the construction, demolition, change in any exterior structure and/or appurtenance within any Historic District identified on the Overlay Zoning District Map of the Official Zoning Map adopted in accordance with this Ordinance and identified by Section 1-2.

(2) Adoption of Rules: The HDC shall, within ninety (90) days of its first meeting, adopt and publish written rules and regulations, as provided in the Rhode Island Historical Preservation Commission's report entitled Easy Guide to Rehab Standards, dated 1992, (hereinafter known to as "RIHPC Standards") necessary to carry out its functions under the provisions of this article. All such rules and regulations, and any amendments thereto, shall be available to the public.

(3) Adoption of Standards and Guidelines: The HDC shall, within ninety (90) days of its first meeting, adopt and publish standards and guidelines as necessary to inform historic district residents, property owners, and the general public of those criteria by which the HDC shall determine whether to issue a Certificate of Appropriateness. The standards and guidelines shall insure that consideration is given to the historic and architectural significance of the district, the structure and its appurtenances; the way in which the structure and its appurtenances contribute to the historical and architectural significance of the district; and the appropriateness of the general design, arrangement, texture, materials, and siting proposed in the plans for both new and existing structures and appurtenances. The HDC may incorporate by reference in its rules and regulations such other standards as are appropriate, including, but not limited to the Standards and Guidelines for Rehabilitation adopted by the United States Secretary of the Interior. The HDC may from time to time amend its standards as reasonably necessary, and it shall publish all such amendments to remain in compliance with the RIHPC Standards.

(4) Issuance of Certificates of Appropriateness: The HDC shall be authorized to issue Certificates of Appropriateness for projects that conform to the requirements of this Ordinance and the Standards and Guidelines adopted by the HDC. A Certificate of Appropriateness may be issued by the HDC 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 HDC has determined to be historically or architecturally significant.

(5) Provision of Advice to Other Agencies: In order to assist the Town on matters of historic preservation, the HDC may provide its expertise and advice to agencies of Town government as appropriate.

(6) Inspection of Work in Progress: The HDC or its designee may inspect work in progress after a Certificate of Appropriateness has been issued to insure that work is proceeding in accordance with the approval received. If the HDC finds that the work in progress does not conform with the Certificate of Appropriateness, the HDC shall advise the Zoning Enforcement Officer, who shall enforce the requirements of the Certificate of Appropriateness in accordance with Article 9 of this Ordinance.

(d) Certificate of Appropriateness

Before a property owner commences construction, alteration, repair, removal or demolition of any existing structure or its appurtenances within an Historic District Overlay Zone, the owner must first apply for and receive a Certificate of Appropriateness from the HDC. Upon application to the Building Official for a permit, the Building Official shall determine whether or not the property or parcel in question is within the Historic District. If it is, the applicant shall be referred to the HDC for determination of jurisdiction for a Certificate of Appropriateness. A Certificate of Appropriateness is not a substitute for a building permit.

(1) Application for Certificate of Appropriateness: The HDC 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 plans and site plans, drawings and elevations, photographs, or other information.

(2) Hearing: The HDC shall hold a public hearing on an application for a Certificate of Appropriateness. Notice of such hearing shall be mailed to all abutting property owners, at least ten (10) days prior to the public meeting, by regular mail. The applicant shall supply the HDC with a list of the names and addresses of all abutting property owners from the most current records of the Town Assessor.

(3) Filing Fee: An application for a Certificate of Appropriateness shall be accompanied by a filing fee as set by the Town Council which shall be deposited with the Town Treasurer and no part of which shall be returned to the applicant. Such fees shall be used solely to defray administrative costs related to the HDC's activities. These include postage, printing of Standards & Guidelines and hiring expert consultants and witnesses.

(e) Standards and Guidelines

The HDC shall evaluate all applications in accordance with the criteria established in the Standards and Guidelines adopted in accordance with Section 6-1 (c) (3) of this Ordinance. The HDC shall act only on exterior features of a structure and its appurtenances. In reviewing an application for a Certificate of Appropriateness, the HDC shall have the power to call in experts to aid in its deliberations, and may incorporate the conclusions of such experts in its decisions.

(f) Decisions of the HDC

All decisions of the HDC regarding the issuance of a Certificate of Appropriateness shall be in writing. The HDC shall articulate and explain the reasons and basis of each decision on the record. An application for a Certificate of Appropriateness may be approved, denied, or approved with amendment by the HDC. When denying an application for a Certificate of Appropriateness, the HDC shall include the basis for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenances, or the district. The HDC shall send a copy of the decision to the applicant. The action taken by the HDC shall be binding on the Zoning Enforcement Officer. No application shall be denied or granted by the HDC without a hearing. An application for the same petition shall not be heard by the HDC for the period of one year from the date the original petition was denied. The HDC shall have the right to waive this requirement for any petition if a majority of the HDC present at a meeting agree.

(g) Failure of the HDC to Act

The failure of the HDC to act within forty-five (45) days from the date of the filing of a completed application shall be deemed to constitute approval. However, in the event that the HDC shall make a written finding of fact within this forty five (45) day period that the circumstances of a particular application requires further time for additional study and information, then the HDC shall have a period of up to ninety (90) days from the date of filing a completed application within which to act upon such application. Nothing in this section shall be construed to prevent the applicant and the HDC from mutually agreeing on an extension.

(h) Special Criteria for Demolition

In order to preserve the historic fabric of the Town, 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, in addition to the provisions of the adopted Standards and Guidelines, the listing of a structure in the National Register of Historic Places. In the case of an application for demolition of any structure, appurtenance or a portion of a structure listed on the National Register of Historic Places, the HDC shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure on its present site. The HDC shall issue a Certificate of Appropriateness only if the HDC finds that at least one of the following exists:

(1) retention of such structure constitutes a hazard to public safety which hazard cannot be eliminated by economic means available to the owner, including sale of the structure on its present site to any purchaser willing to preserve such structure; or

(2) preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community; or

(3) 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; or

(4) preservation of such structure would not be in the interest of the majority of the community.

(i) Alternatives to Demolition

The HDC shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site. When considering an application to demolish a structure of historic or architectural value, in addition to any other criteria, the HDC shall consider the following:

(1) 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

(2) Whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser willing to move or preserve such structure.

(j) Appeals

A person or persons jointly or severally aggrieved by a decision of the HDC shall have the right to appeal the decision to the Board. When hearing appeals from HDC decisions, the Board shall not substitute its own judgement for that of the HDC, but must consider the issue upon the findings and record of the HDC. The Board shall not reverse an HDC 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 Board shall file a written decision explaining the basis of each decision for the record, and the Board shall send a copy of the decision to the applicant and to the HDC. The filing fee and the filing procedure for an appeal of the decision of the HDC shall be the same as that for an appeal of the decision of the Zoning Official.

(k) Enforcement

This regulation shall be enforced in accordance with Article 9 of this Ordinance.