*Cited. 196 C. 596, 607.
Sec. 7-147p. Historic property ordinances authorized. Definitions. (a) As used
in this part: "Historic property" means any individual building, structure, object or site
that is significant in the history, architecture, archaeology and culture of the state, its
political subdivisions or the nation and the real property used in connection therewith;
"altered" means changed, modified, rebuilt, removed, demolished, restored, razed,
moved or reconstructed; "erected" means constructed, built, installed or enlarged; "exterior architectural features" means such portion of the exterior of a structure or building
as is open to view from a public street, way or place; "building" means a combination
of materials forming a shelter for persons, animals or property; "structure" means any
combination of materials, other than a building, which is affixed to the land, and shall
include, but not be limited to, signs, fences and walls; "municipality" means any town,
city, borough, consolidated town and city or consolidated town and borough.
(b) Any municipality may, by ordinance and in conformance with the standards and
criteria formulated by the Connecticut Commission on Culture and Tourism, designate
within its confines an historic property or properties to promote the educational, cultural,
economic and general welfare of the public through the preservation and protection of
the distinctive characteristics of individual buildings and places associated with the
history of or indicative of a period or style of architecture of the municipality, of the
state or of the nation.
(c) The legislative body of any municipality may make appropriations for the purpose of carrying out the provisions of this part.
(P.A. 84-286, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism.
Sec. 7-147q. Procedures for establishment of historic properties. Prior to the
designation of an historic property or properties, the following steps shall be taken:
(a) The legislative body shall appoint or authorize the chief elected official of the
municipality to appoint an historic properties study committee for the purpose of making
an investigation of one or more proposed historic properties. The legislative body of a
municipality which proposes to establish more than one historic property may establish
more than one committee. An already existing historic properties commission or an
historic district commission established in the municipality pursuant to part I of this
chapter may be appointed to make this investigation. Each committee established under
the provisions of this section shall consist of five regular and three alternate members
who shall be electors of the municipality holding no salaried municipal office. Such
alternate members shall, when seated as provided in this section, have all powers and
duties of a member of the committee. If a regular member of such committee is absent
or has a conflict of interest, the chairman of the committee shall designate an alternate
to so act, choosing alternates in rotation so that they shall act as nearly equal a number
of times as possible. If any alternate is not available in accordance with such rotation,
such fact shall be recorded in the minutes of the meeting.
(b) The historic properties study committee shall investigate and submit a report
which shall include the following: (1) An analysis of the historic significance and architectural merit of the buildings, structures, objects or sites proposed as historic properties;
(2) a map showing the exact boundaries of the area to be designated as the historic
property or properties; (3) a proposed ordinance or proposed ordinances designed to
designate and provide for the protection of an historic property or properties in accordance with the provisions of this part; and (4) such other matters as the committee may
deem necessary or advisable.
(c) The historic properties study committee shall transmit copies of its report to the
Connecticut Commission on Culture and Tourism, the planning commission and zoning
commission, or the combined planning and zoning commission, of the municipality, if
any, and, in the absence of such a planning commission, zoning commission or combined
planning and zoning commission, to the chief elected official of the municipality for
their comments and recommendations. In addition to such other comments and recommendations as it may make, the Connecticut Commission on Culture and Tourism may
recommend either approval, disapproval, modification, alteration or rejection of the
proposed ordinance or ordinances and of the boundaries of each proposed historic property. Each such commission, board or individual shall deliver such comments and recommendations to the committee within sixty-five days of the date of transmission of such
report. Failure to deliver such comments and recommendations shall be taken as approval of the report of the committee.
(d) The historic properties study committee shall hold a public hearing on the designation of each proposed historic property not less than sixty-five nor more than one
hundred thirty days after the transmission of the report to each party as provided in
subsection (c) of this section, except that, if all such parties have delivered their comments and recommendations to the committee, such hearing may be held less than sixty-five days after the transmittal of the report. The comments and recommendations received pursuant to subsection (c) of this section shall be read in full at the public hearing.
(e) Notice of the time and place of such hearing shall be given as follows: (1) Written
notice of the time, place and purpose of such hearing, postage prepaid, shall be mailed
by certified mail to the owner or owners of record of the real property to be included in
each proposed historic property, as they appear on the last-completed grand list, at the
addresses shown thereon, at least fifteen days before the time set for such hearing,
together with a copy of the report of the historic properties study committee or a fair
and accurate synopsis of such report. A complete copy of the report, a copy of all recommendations made under subsection (c) of this section, a map showing the boundaries
of the real property to be included in each proposed historic property and a copy of the
proposed ordinance shall be available at no charge from the town clerk during business
hours or shall be mailed, upon request, to any owner of record of real property in the
proposed historic property or properties with the notice of the hearing; and (2) by publication of such notice in the form of a legal advertisement appearing in a newspaper
having a substantial circulation in the municipality at least twice, at intervals of not less
than two days, the first not more than fifteen days nor less than ten days and the last not
less than two days before such hearing.
(f) The historic properties study committee shall submit its report with any changes
made following the public hearing, along with any comments or recommendations received pursuant to subsection (c) of this section, and such other materials as the committee may deem necessary or advisable to the legislative body of the municipality within
sixty-five days after the public hearing.
(g) The owner or owners of record of a proposed historic property may object to
the proposed designation by submitting to the historic properties study committee or to
the legislative body of the municipality a notarized statement certifying that the person
filing such objection is the entire or partial owner of the property and objects to the
designation. Unless persons holding fifty per cent or more of the ownership interest
in a proposed historic property object to the proposed designation within thirty days
following the public hearing held pursuant to subsection (d) of this section, the legislative
body of the municipality shall, by majority vote, take one of the following steps: (1)
Accept the report of the committee as to the proposed historic property and enact an
ordinance to designate the historic property and provide for its regulation in accordance
with the provisions of this part; (2) reject the report of the committee, stating its reasons
for such rejection; or (3) return the report to the historic properties study committee,
with such amendments and revisions as it may deem advisable, for consideration by
the committee. The committee shall, within sixty-five days of such return, submit an
amended report to the legislative body and mail by certified mail a copy of the amended
report to the owner or owners of record of each proposed historic property covered by
the report. The committee need not hold a public hearing other than the one provided
for in subsection (d) of this section. Unless persons holding fifty per cent or more of
the ownership interest in a proposed historic property object to the proposed designation
within thirty days of receipt of the amended report by written submission in the manner
set forth in this subsection, the legislative body of the municipality may accept or reject
the amended report as provided in this subsection.
(h) Any ordinance, or amendment thereof, enacted pursuant to this part, which designates or alters historic property boundaries, shall contain a legal description of the
area to be included within each historic property. The legislative body, when it passes
such an ordinance, or amendment thereof, shall transmit to the municipal clerk a copy
of the ordinance or amendment thereof. Such ordinance, or amendment thereof, shall
be recorded in the land records of the municipality in which such real property is located
and indexed by the municipal clerk in the grantor index under the names of the owners
of record of such property.
(P.A. 84-286, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism.
Sec. 7-147r. Historic properties commission. (a) The first ordinance enacted by
a municipality to designate any historic properties shall provide for the creation of an
historic properties commission and for the termination of the historic properties study
committee or committees. The historic properties commission shall administer the provisions of this part relative to all historic properties then or thereafter designated by the
municipality and, relative to such historic properties, the commission shall have all
of the powers and duties that historic district commissions have over historic districts
pursuant to part I of this chapter except as is otherwise provided in this part. A municipality may designate an historic properties commission to administer historic districts in
accordance with part I of this chapter in the event that no historic district commission
exists when the historic properties commission is created. A municipality may designate
an existing historic district commission to administer historic properties in accordance
with this part.
(b) The historic properties commission may from time to time, in accordance with
section 7-147q, initiate the designation of additional historic properties or the enlargement of the boundaries of an existing historic property.
(P.A. 84-286, S. 3.)
Sec. 7-147s. Certificate of appropriateness. (a) No building or structure located
within the boundaries of an historic property shall be erected or altered until after an
application for a certificate of appropriateness as to exterior architectural features has
been submitted to the historic properties commission and approved by such commission.
No earthworks or site of recognized historic or archaeological importance within the
boundaries of an historic property shall be altered until after an application for a certificate of appropriateness has been submitted to the historic properties commission and
approved by said commission.
(b) No building permit for erection of a building or structure or for alteration of
an exterior architectural feature within the boundaries of an historic property and no
demolition permit for demolition or removal of a building or structure within the boundaries of an historic property shall be issued by a municipality or any department, agency
or official thereof until a certificate of appropriateness has been issued. A certificate of
appropriateness shall be required whether or not a building permit is required.
(c) The historic properties commission may request 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 property after such demolition
or removal, as may be reasonably deemed necessary by the commission to enable it to
make a determination on the application. The style, material, size and location of outdoor
advertising signs and bill posters within the boundaries of an historic property shall also
be under the control of such commission. The provisions of this section shall not be
construed to extend to the color of paint used on the exterior of any building or structure.
(d) No area within the boundaries of an historic property shall be used for industrial,
commercial, business, home industry or occupational parking, whether or not such area
is zoned for such use, until after an application for a certificate of appropriateness as to
parking has been submitted to the commission and approved by said commission.
(P.A. 84-286, S. 4.)
Sec. 7-147t. Procedure for application for certificate. In reviewing and acting
upon applications for certificates of appropriateness, the historic properties commission
shall follow the procedures set forth in section 7-147e for use by historic district commissions in reviewing applications for certificates of appropriateness affecting historic districts.
(P.A. 84-286, S. 5.)
Sec. 7-147u. Considerations in determining appropriateness. Except as otherwise provided in this part, in reviewing and acting upon applications for certificates of
appropriateness, the historic properties commission shall apply the same standards and
take into account the same considerations as set forth in section 7-147f for use by historic
district commissions in reviewing applications for certificates of appropriateness affecting historic districts. In passing upon the appropriateness of alterations to earthworks
or sites of historic or archaeological importance, the commission shall consider, in addition to any other pertinent factors, their value and significance, size, design, arrangement,
texture and materials. In its deliberations, the historic properties commission shall act
only for the purpose of controlling the erection or alteration of buildings, structures,
objects, sites or parking that are incongruous with the historic or architectural aspects
of the historic property.
(P.A. 84-286, S. 6.)
Sec. 7-147v. Variations, permissible when. Where, by reason of topographical
conditions or location or because of other unusual circumstances, the strict application
of any provision of this part would result in exceptional practical difficulty or undue
hardship upon the owner of the historic property, the commission in passing upon applications shall have power to vary or modify strict adherence to the provisions of this
part, provided such variance or modification shall remain in harmony with the general
purpose and intent of this part so that the historic and architectural aspects of the historic
property shall be conserved. In granting variances or modifications, the commission
may impose such reasonable stipulations and conditions as will, in its judgment, better
fulfill the purposes of this part. The commission shall, for each variance or modification
granted, place upon its records and in the notice to the applicant the reasons for its
determinations.
(P.A. 84-286, S. 7.)
Sec. 7-147w. Action by commission to prevent illegal acts. If any provision of
this part, or any action taken or ruling made by the historic properties commission
pursuant to the provisions of this part or any regulation or ordinance adopted pursuant
to this part, has been violated, the historic properties commission shall have, in addition
to other remedies, those remedies available to historic district commissions as provided
in section 7-147h.
(P.A. 84-286, S. 8.)
Sec. 7-147x. Appeals. Any person or persons severally or jointly aggrieved by any
decision of the historic properties commission or of any officer thereof may appeal such
decision in the same manner and according to the same procedure as set forth in section
7-147i for appeals from the decisions of the historic district commissions.
(P.A. 84-286, S. 9.)
Sec. 7-147y. Exempted acts. Delay of demolition. (a) Nothing in this part shall
be construed to prevent the ordinary maintenance or repair of any exterior architectural
feature within the boundaries of an historic property which does not involve a change
in the appearance or design thereof; nor to prevent the erection or alteration of any such
feature which the building inspector or a similar agent certifies is required by the public
safety because of a condition which is unsafe or dangerous due to deterioration; nor to
prevent the erection or alteration of any such feature under a permit issued by a building
inspector or similar agent prior to designation of such historic property.
(b) If a building within the boundaries of an historic property is to be demolished,
no demolition shall occur for ninety days from issuance of a demolition permit if during
such time the historic properties commission or the Connecticut Commission on Culture
and Tourism is attempting to find a purchaser who will retain or remove such building
or who will present some other reasonable alternative to demolition. During such ninety-day period the municipality may abate all real property taxes. At the conclusion of such
ninety-day period, the demolition permit shall become effective and the demolition may
occur. Nothing in this section shall be construed to mandate that the owner of such
property is under any obligation to sell such property or building.
(P.A. 84-286, S. 10; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2,
S. 30.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3,
2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and Tourism.