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City of Newport
City of Newport Zoning Ordinance
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§ 17.80.040

Historic district commission

  • A. There is hereby established a historic district commission to carry out the purpose of this Chapter.

  • B. Membership and Appointment.

    • 1. The commission shall consist of seven qualified members, residents of the City of Newport, to be appointed by the mayor of the City of Newport with the consent of the city council. Members shall be appointed for three-year terms, except that the initial appointments of some of the members shall be for less than three years to the end that the initial appointments shall not reoccur at the same time. Members shall be eligible for reappointment and, upon expiration of their terms, shall continue to serve until replaced unless otherwise provided for in the ordinances of the City of Newport or its Charter.

    • 2. Members of the commission shall have a demonstrated interest in historic preservation. Duly organized and existing preservation societies may present to the mayor lists of qualified citizens to be considered for appointment.

    • 3. The mayor of the City of Newport shall have the right, with the consent of the council, to name two auxiliary members to the commission in addition to the regular members. An auxiliary member shall sit as an active member, upon the request of the chairman of the commission, when and if a regular member of the commission is unable to serve at any meeting of the commission.

    • 4. In the event of a vacancy on the commission, the mayor shall promptly make an interim appointment, with the consent of the city council, for the remainder of the unexpired term. Vacancies on the commission shall be filled within ninety (90) days.

    • 5. Members of the commission shall serve without compensation.

  • C. Organization of the Commission.

    • 1. The commission shall organize annually and, by election, shall select from its membership a chairman, vice-chairman and a secretary.

    • 2. The commission shall:

      • a. Adopt and publish all rules, regulations and procedures necessary to carry out its functions under the provisions of this chapter; and

      • b. Adopt and publish standards which shall be in harmony with the Newport standards for the treatment of historic properties to inform historic district residents, property owners, and the general public of those criteria by which the commission shall determine whether to issue a certificate of appropriateness. The commission may, from time to time, amend these standards as reasonably necessary, and it shall publish all such amendments. Such amendments shall be in harmony with the Newport standards for the treatment of historic properties.

      • c. The commission may delegate to the director of planning, zoning, development and inspections for the City of Newport, or his/her designee, authority to issue a certificate of appropriateness for: (1) Minor alterations; (2) Major alterations to noncontributing structures; and (3) In-kind replacement. The commission may also authorize said department or officer to approve [1] extensions to already approved certificates of appropriateness; [2] minor modifications to plans previously approved by the commission; [3] waiver of application fees for demonstrated financial hardship; and [4] such other alterations and administrative matters that it may delegate to said department or officer pursuant to Chapter 24.1 of Title 45, General Laws of Rhode Island 1956, as amended. However, at no time may said department or officer deny a certificate of appropriateness but shall refer such action to the commission for consideration and decision.

    • 3. Conduct of Business.

      • a. The chairman shall preside over all commission meetings and shall have the right to vote.

      • b. The vice-chairman shall, in the case of absence or disability of the chairman, perform the duties of the chairman.

      • c. All meetings of the commission shall be open to the public and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the commission reaches its decision.

      • d. The commission shall keep a record of all resolutions, proceedings, finding of fact, decisions and actions and such record shall be on file for public view in the department of planning, zoning, development and inspections.

      • e. The commission shall provide notice of its meetings and comply in all respects with the requirements of the open meetings law. Notice of the commission meetings shall appear in a newspaper of general circulation in the city seven days prior to such meetings.

      • f. Five members shall constitute a quorum and the concurring vote of a majority, but not less than four members present shall be necessary for the approval of any plans before the commission for review, certificate of appropriateness and for establishing or amending commission rules, regulations, procedures and standards.

(Ord. No. 2010-28, § 1, 8-25-2010)