[Adopted 6-9-1998, approved 8-30-1998; amended 6-7-2011, approved 9-15-2011 (Art. 65 of the 2011 General By-Laws)]
The purpose of this By-Law is to promote the educational, cultural, economic and general welfare of the inhabitants and property owners of the Town of Dartmouth through the preservation and protection of the distinctive characteristics of buildings and places of historical significance to the Town, or the architecture of such buildings and places, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith.
For purposes of this By-Law, the words listed below shall have the following meaning:
A. 
The word "altered" shall include the words "rebuilt", "reconstructed", "restored", "removed" and "demolished";
B. 
The word "building" shall mean a combination of materials forming a shelter for persons, animals or property;
C. 
The words "certificate of appropriateness", "nonapplicability" and "hardship"
D. 
The word "commission" shall mean the commission acting as the historic district commission;
E. 
The word "constructed" shall include the words "built", "erected", "installed", "enlarged" and "moved";
F. 
The word "structure" shall mean a combination of materials other than a building, including a sign, fence, stone wall, terrace, walk or driveway; and
G. 
The word "exterior architectural feature" shall mean such portion of the exterior of a building or structure as is open to view: from a public street, public way, public park or public body of water, without reference to fences, hedges or other artificial or natural screening which shall not be considered sufficient to obscure a building or structure from the public view; including, but not limited to the architectural style and general arrangement and setting thereof, the kind and texture of exterior building materials, or other materials applied to exterior surfaces and the type and style of windows, lights, signs and other appurtenant exterior features.
A. 
Except as this By-Law may otherwise provide in accordance with § 209-7 or 209-8, no building or structure within the historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability, or a certificate of hardship with respect to such construction or alteration.
B. 
Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine together with 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 the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application.
C. 
No building permit for construction of a building or structure or for alteration of an exterior architectural feature within the historic district and no demolition permit for demolition or removal of a building or structure within the historic district shall be issued by the Town of Dartmouth Building Department or any department or official thereof until the certificate required by this section has been issued by the commission.
In passing upon matters before it, the commission shall strive to advance the purposes of this By-Law, and shall consider, among other things the historic and architectural value and significance of the site, building or structure, the general design, arrangement, proportions, texture and material of the features involved, the relation of such features to similar features of buildings and structures in the surrounding area, and the position of such buildings or structures in relation to the public streets public ways, public parks or public bodies of water in the surrounding area. In the case of new construction or additions to existing buildings or structures, the commission shall consider the appropriateness or the site and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity.
The commission shall not, in passing upon matters before it, consider interior arrangements or architectural features not subject to public view. In determining whether an exterior architectural feature is subject to public view from a public street, public way, public park or public body of water, fences, hedges, and other artificial or natural screening shall not be considered sufficient to obscure the feature from the public view. Further, the commission shall not make any recommendation or requirement with respect to any matter before it, except for the purpose of preventing developments incongruous with the historic aspects or the architectural characteristics of the surroundings and of the historic district. While the commission shall encourage owners of buildings and structures in the historic district to use historically authentic materials wherever feasible for any construction or alteration, the use of any particular material shall not be prohibited based upon its composition alone. This By-Law does not regulate color, since colors are a matter of personal taste and can easily be changed. However, the use of proper contrasts and historic colors is strongly encouraged. It is not the intent of this By-Law to require that buildings and structures in the historic district be maintained as historic artifacts. Rather, the commission is required to apply the standards set forth herein, particularly those contained in this section and § 209-6, in order to protect and preserve the general flavor, and the distinctive characteristics and architecture of the historic district.
A. 
Categories of exempt buildings and structures. The authority of the commission shall not extend to the review of any of the following categories of buildings or structures or exterior architectural features in the historic district and the buildings or structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission:
(1) 
Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify.
(2) 
Terraces, walks, driveways, and sidewalks, provided that any such structure is substantially at grade level.
(3) 
Storm doors and storm windows, screens, lighting fixtures, and antenna (except satellite dishes).
(4) 
Signs of not more than two square feet in area in connection with the use of a residence for a customary home occupation or for professional purposes, provided that only one such sign is displayed in connection with each residence.
(5) 
The reconstruction, substantially similar in exterior design and materials, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and is carried forward with due diligence.
B. 
Determining additional exemption categories. The commission may determine from time to time after public hearing that certain categories of exterior architectural features, structures or signs, may be constructed or altered without review by the commission without causing substantial derogation from the intent and purposes of this By-Law and of the Historic Districts Act, Massachusetts General Laws Chapter 40C, as amended.
C. 
Restrictions by line of sight. The commission may further determine from time to time after public hearing that the authority of the commission shall be limited to only those exterior architectural features within the historic district subject to view from one or more specifically designated public streets, public ways, public parks or public bodies of water, as opposed to all exterior architectural features within the historic district subject to view from a public street, public way, public park or public body of water, without substantial derogation from the intent and purposes of this By-Law and of the Historic Districts Act, Massachusetts General Laws Chapter 40C as amended.
D. 
Certificates of non-applicability. Upon request, the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of Subsection A, B or C of this section.
Nothing in this By-Law shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within the historic district which does not involve a change in design, material, or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of this By-Law.
The commission shall have the following additional powers, functions and duties:
A. 
Certificates of appropriateness.
(1) 
If the commission determines that the construction or alteration for which an application for a certificate or appropriateness has been filed will be appropriate for and compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness, the commission shall place upon its records the reasons for such determination, and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefore as set forth in its records, to be issued to the applicant and the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features.
(2) 
Prior to the issuance of any disapproval, the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal, which, if made, would make the application acceptable to the commission. If within 14 days of the receipt of such notice, the applicant files a written modification of his application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant.
B. 
When architectural feature is not applicable. In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate for nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of § 209-7, the commission shall cause a certificate of nonapplicability to be issued to the applicant.
C. 
Certificates of hardship. If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant, and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this By-Law and of the Historic Districts Act, Massachusetts General Laws Chapter 40C, as amended. If the commission determines that owing to such condition: failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or, in the event of a failure by the commission to make a determination on an application within the time specified in § 209-11 hereof, the commission shall cause a certificate of hardship to be issued to the applicant.
D. 
Issue of certificates. Each certificate issued by the commission shall be dated and signed by its Chairperson, Vice-Chairperson, Secretary, or such other person designated by the commission to sign such certificates on its behalf.
E. 
Record of action. The commission shall keep a permanent record of its resolutions, transactions and determinations and of the vote of each member participating therein, and shall adopt and amend such rules and regulations not inconsistent with the provisions of this By-Law and the provisions of the Historic Districts Act, Massachusetts General Laws Chapter 40C, as amended, and prescribe such forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the Town Clerk.
F. 
Copies of record of action to town clerk. The commission shall file with the Town Clerk, and with any department or official of the Town having authority to issue building permits, a copy or notice of all certificates and determinations of disapproval issued by it.
G. 
Appropriations and expenses. The commission may, subject to appropriation, employ personnel and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes.
H. 
Future assignment of powers and duties. The commission shall have, in addition to the powers, authority and duties granted to it by this By-Law, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the Town Meeting.
Meetings of the commission shall be held at the call of the Chairperson and shall be called at the request of two members of the commission and in such other manner as the commission shall determine in its rules. A majority of the members of the commission shall constitute a quorum. The concurring vote of the majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship.
A. 
The commission shall determine promptly, and in all events within 14 days after the filing of an application for a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If the commission determines that such application involves any such features which are subject to approval by the commission, the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided.
B. 
The commission shall fix a reasonable time for the hearing on any application subject to approval and shall give public notice of the time, place and purposes thereof at least 14 days before said hearing in such manner as it may reasonably determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Planning Board, to any person filing a written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing, but in any event, within 60 days after the filing of the application, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within, such period of time, the commission shall thereupon issue a certificate of hardship.
C. 
A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application, provided, however, that if the commission dispenses with a public hearing on an application, notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby, as above provided, and 10 days shall elapse after the mailing of such notice before the commission may act upon such application.
A. 
Any applicant aggrieved by a determination of the commission may, within 20 days after the filing of the notice of such determination with the Town Clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the town is a member. If the town is not a member of a regional planning agency, the Department of Community Affairs shall select the appropriate regional planning agency,
B. 
The finding of the person or persons making such review shall be filed with the Town Clerk within 45 days after the request and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court sitting in equity for the County of Bristol pursuant to the provisions of Massachusetts General Laws Chapter 40C, Section 12A, as amended.
The superior court sitting in equity for the County of Bristol shall have jurisdiction to enforce the provisions of this By-Law and the determinations, rulings, and regulations issued pursuant thereto and may, upon the petition of the Select Board or of the commission, restrain by injunction violations thereof, and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered in violation thereof, and may issue such other orders for relief as may be equitable. Whoever violates any of the provisions of this By-Law shall be punished by a fine of not less than $10 nor more than $500. Each day during any portion of which a violation continues to exist shall constitute a separate offense.
This By-Law may, from time to time, be amended in any manner not inconsistent with the provisions of Massachusetts General Laws Chapter 40C, by a two-thirds vote of a Town meeting, provided that the substance of such amendment has first been submitted to the historic district commission having jurisdiction over such district for its recommendation and its recommendation has been received or 60 days have elapsed without such recommendation.
In the event that any provision of this By-Law shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect.