Pursuant to Chapter 29 of the Town of Westport Charter, § 38-1 of Westport’s Code of Ordinances establishes the Westport Historic District Commission (HDC) which “shall have all the powers and duties prescribed for Historic District Commissions” under Connecticut General Statutes (C.G.S.) §§ 7 147a through 7-147k.  Additionally, § 38-2 of the Code designates the HDC as Westport’s Historic Properties Commission which “shall have all the powers and duties prescribed for historic properties commissions” under C.G.S. §§ 7-147p through 7-147y. These C.G.S. sections, which are also known as “Chapter 97a - Historic Districts and Historic Properties”, can be found in their entirety here.

As the title of Chapter 97a would suggest, C.G.S. §§ 7-147a(b) and 7-147p(b) respectively enable the establishment of Local Historic Districts and Historic Properties:

Any municipality may, by vote of its legislative body [by ordinance] and in conformance with the standards and criteria formulated by the Department of Economic and Community Development, establish within its confines an historic district [property] or districts [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.G.S. §§ 7-147b and 7-147q respectively then set forth the detailed multi-step procedure for establishing Local Historic Districts and Historic Properties before the ordinance can be enacted. Note that as part of the multi-step process a vote of property owners within a proposed Local Historic District is required. A two-thirds majority of returned ballots is required to approve the Local Historic District (C.G.S. § 7-147b(i)). For a proposed Historic Property, the owner or a simple majority of multiple owners of such property must not object (C.G.S. § 7-147b(g)).

Under C.G.S. § 7-147c, the HDC is established as the authority responsible for all functions relative to regulated Local Historic Districts and for administering the provisions of the C.G.S. related to Local Historic Districts. Section 7-147r provides that the HDC can be the authority having jurisdiction over Historic Properties. As noted above, the Westport HDC has been so empowered to regulate Historic Properties by Westport ordinance § 38-2.

The HDC’s primary tool for regulating Local Historic Districts and Historic Properties is the Certificate of Appropriateness process. “Appropriate” is defined as “not incongruous with those aspects of the historic district which the historic district commission determines to be historically or architecturally significant.” (C.G.S. § 7-147a). C.G.S. §§ 7-147d and 7-147s, as applicable respectively to Local Historic Districts and Historic Properties, states:

a) No building or structure shall be erected or altered within an historic district [located within the boundaries of an historic property] until an application for a certificate of appropriateness as to exterior architectural features has been submitted to the historic district commission an approved by said 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 an historic district [the boundaries of an historic property] and no demolition permit for demolition or removal of a building or structure within an historic district [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 district 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 an historic district 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 an historic district [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 certificate of occupancy as to parking has been submitted to the commission and approved by said commission.

C.G.S. § 7-147f(b) limits HDC regulatory control to exterior historic and architectural features. Interior arrangement or use is not regulated, except that the HDC may make recommendations as to the adaptive reuse of any building or structure. C.G.S. § 7-147e requires the HDC to hold a public hearing for each application for a Certificate of Appropriateness unless the HDC determines that such application involves items not subject to approval by the HDC.

C.G.S. §§ 7-147g and 7-147v, as respectively applicable to Local Historic Districts and Historic Properties, provides the HDC with the authority to vary the requirements for a Certificate of Appropriateness for unusual circumstances, and in so doing to require additional stipulations and conditions that will in the judgment of the HDC better fulfill the objectives of the HDC.

In addition to its regulatory responsibility with respect to the issuance of Certificates of Appropriateness, C.G.S. § 7-147c(j) states that the HDC may also serve the following functions:

(1) Make periodic reports to the legislative body;
(2) Provide information to property owners and others involving the preservation of the district;
(3) Suggest pertinent legislation;
(4) Initiate planning and zoning proposals;
(5) Cooperate with other regulatory authorities and civic organizations and groups interested historic preservation;
(6) Comment on all applications for zoning variances and special exceptions where they affect historic districts;
(7) Render advice on sidewalk construction and repair, tree planting, street improvements and the erection or alteration of public buildings not otherwise under its control where they affect historic districts;
(8) Furnish information and assistance in connection with any capital improvement program involving historic districts;
(9) Consult with groups of experts.

The HDC is a branch of local government and its decisions are legally enforceable as described in C.G.S. §§ 7-147h and 7-147w. The jurisdiction of the Historic District Commission is independent of and equal to that of any other local governmental authority except a court of law upon appeal. Persons aggrieved by any decision of the HDC can appeal to the Superior Court for the judicial district in which the Local Historic District or Historic Property is located as specified in C.G.S. §§ 7-147i and 7-147x. In accordance with C.G.S. § 7-147c(d), the Town of Westport Charter Chapter 29 provides that the HDC consist of five members and three alternate members, all of whom shall be electors of the town holding no salaried municipal office, as appointed by the First Selectman.