Powers and procedures of the commission
A. Certificate of Appropriateness Required.
1. Before a property owner may commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within any designated historic district, or affecting an historic cemetery located in the City of Newport, the owner must apply for and receive a certificate of appropriateness from the commission approving such construction, alteration, repair, removal or demolition.
2. 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.
3. A certificate of appropriateness is necessary whether or not state law requires a permit from the building official. The building official shall not issue a building permit until the commission has issued a certificate of appropriateness.
B. Application for Certificate of Appropriateness.
1. Applications for certificates of appropriateness shall be filed with the office of planning, zoning, development and inspections. The director or his/her designee shall determine if such application is complete and shall forward complete applications, together with all maps, plans, and other data to the commission. Incomplete applications shall be returned to the applicant within seven working days of receipt by the department of planning, zoning, development and inspections.
2. The commission shall require the applicant 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 and set forth in the commission's rules, regulations, procedures and standards, adopted pursuant to this Chapter, which information may be submitted in digital format acceptable to the commission.
3. In the case of a historic cemetery, the owners must comply with all provisions of law and make suitable and appropriate provisions for the reinternment of any human remains in an established cemetery. Original or existing headstones and markers shall be preserved and installed at the site of the reinternment.
C. The Commission's Review of Applications for Certificate of Appropriateness.
1. In deciding whether to issue a certificate of appropriateness, and in making the determination that the proposed alteration is not incongruous with those aspects of the structure, appurtenances, or the district that the commission has determined to be historically or architecturally significant, the commission shall give consideration to:
a. The historic 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; and
c. The appropriateness of the general design, arrangement, texture, materials, and siting proposed in the plans.
The commission shall also apply the Newport standards for treatment of historic properties (the Newport standards). The Newport standards, adapted from the Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Buildings, 36 CFR 671, as amended, are basic principles to be applied in a reasonable manner to preserve historic districts and structures, while allowing for reasonable change, architectural variety, innovation and imagination. The Newport standards are intended to insure that properties in Newport's historic districts are not altered improperly. The goal is to set up clear rules that everyone will understand.
2. In conducting its review, the commission shall apply the Newport Standards and shall also take into account the relative architectural and historic significance of structures: the integrity and condition of historic fabric; the reasonableness of the proposed alteration; and the practical realities of alternatives that minimize harm to the historic district.
3. The commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements. Doors, window sash and frames covered by storm doors or windows shall be considered exterior features.
4. The commission may give conceptual approval for proposed new construction or major alterations. Conceptual approval does not assure that the commission will issue a certificate of appropriateness. Final approval is contingent upon acceptance of all stylistic and historic details including, but not limited to, window choice, siding choice, trim choice and materials.
5. Decisions of the commission. All decisions of the commission shall be in writing. The commission shall articulate and explain the reasons and basis of each decision on a 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. In addition, the commission may, upon request of the applicant, include an outline of reasonable alternatives, methods, materials or other conditions under which the activity would likely be approved. The commission shall send a copy of the written decision to the applicant.
(Ord. No. 2010-28, § 1, 8-25-2010)