CHAPTER 161:  DOWNTOWN HISTORICAL DISTRICT
Section
General Provisions
   161.01   Established
Sign Regulations
   161.10   Purpose
   161.11   Definitions
   161.12   Certificate of appropriateness and permit
   161.13   Application and permit procedures
   161.14   Sign fees
   161.15   Abandoned signs
   161.16   Variance procedures
   161.17   Measurement; signs exempted from area requirements
   161.18   Signs which do not require a permit
   161.19   Temporary signs and temporary sign permits
   161.20   Permanent signs
   161.21   Nonconforming signs
   161.22   Street numbers required
Design Control
   161.30   Purpose
   161.31   Plans subject to review
   161.32   Criteria for evaluating applications for certification
   161.33   Design requirements
   161.34   Procedure for architectural review; approval certificate
   161.35   Architectural Review and Design Commission
   161.36   Permit applications; fee
   161.99   Penalty
GENERAL PROVISIONS
§ 161.01  ESTABLISHED.
   A Historical District for the Cambridge Downtown Business district is hereby established within the area described below:
   Beginning at a point being the center of the intersection of North 4th Street and Wheeling Avenue; thence northerly along the centerline of North 4th Street to a point being the center of the intersection of North 4th Street and the first alley (known as Brown Avenue) north of Wheeling Avenue; thence easterly along the centerline of Brown Avenue to a point being the center of the intersection of Brown Avenue and the first alley west of North 7th Street; thence northerly along the centerline of such alley to the center of the intersection of such alley and the first alley north of Steubenville Avenue; thence easterly along the centerline of the first alley north of Steubenville Avenue to the center of the intersection of such alley and the first alley east of North 9th Street; thence southerly along the centerline of the first alley east of North 9th Street to the center of the intersection of such alley and Brown Avenue; thence easterly along the centerline of Brown Avenue to a point being the center of the intersection of Brown Avenue extended and the first alley east of McCleary Avenue extended; thence southerly along the centerline of the first alley east of McCleary Avenue to a point being the intersection of such alley and Turner Avenue; thence westerly along the centerline of Turner Avenue to a point being the center of the intersection of Turner Avenue extended and North 4th Street extended; thence northerly along the centerline of North 4th Street to the place of beginning.
(Ord. 31-93, passed 5-24-93)
SIGN REGULATIONS
§ 161.10  PURPOSE.
   The purpose of these sign regulations is to encourage the proper development and use or planned graphic signing systems and to regulate signs and signing systems in the Downtown Historical District.  In addition to protecting from distractions and obstructions that can contribute to traffic and pedestrian accidents, it is the intent of these regulations that signs are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, can become a nuisance factor to adjacent properties or the community in general.  To protect the general health, safety and welfare, and to protect and encourage a more attractive economic, business and overall physical appearance or the community, all signs and signing systems are subject to the regulations that follow in this subchapter.
(Ord. 22-94, passed 3-14-94)
§ 161.11  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANNOUNCEMENT SIGN.  A freestanding or mounted bulletin board or similar device typically with changeable copy.
   AWNING.  A hood or cover that projects from the wall of a building and which can be retracted, folded or collapsed against the face of the supporting building.
   BANNER.  A nonrigid cloth, plastic or canvas sign typically related to a special event or promotion.
   BILLBOARD.  An outdoor sign exceeding 60 square feet in area.
   CANOPY.  A projection from a building made from any material, which is cantilevered, suspended or supported on columns intended only for shelter or ornamentation.
   FLASHING. A sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
   GRANDFATHER SIGNS. All signs in place when the sign regulations take effect.
   GROUND SIGN.  A freestanding detached sign whose support structure is imbedded in the ground.
   INTERIOR SIGN.  A sign which is not in any manner physically affixed to or painted on the glass or other structural component of the window, but which is on the interior of the premises and clearly visible through the window from the exterior of the premises.
   JOINT IDENTIFICATION SIGN.  A sign intended to provide the identity or name, whether through logo, type, graphics or other symbols, for two or more uses within one building or on one property or the name of the building or its address for property occupied by two or more businesses.
   MARQUEE.  A canopy that provides additional loading for graphics specifically for theatrical and entertainment use.
   MESSAGE CENTER.  A display capable of transmitting variable information to the public, such as the date, time and temperature, public service messages, or a wide variety of promotional announcements.
   MOVING SIGN.  Any sign, all or any part of which physically moves up or down or sideways, revolves, or is animated so as to give the appearance of movement.
   PENNANT.  A triangular shaped banner.
   PERMANENT SIGN.  A sign intended to be erected and used or in fact which is used for a time period in excess of six months.
   PORTABLE SIGN.  A sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
   PROJECTING NAMEPLATE.  A sign indicating only the name and/or address of an occupant which extends outward perpendicular to the building face.
   REPAIR.  Efforts required to correct damage to sign supports, structure or sign face.
   ROOF LINE.  The lowest point of a roof which is closest to the ground.
   ROOF SIGN. A sign erected upon the roof of a building, any portion of which is above the roof line of a building.
   SANDWICH BOARD. A collapsible, portable sign with two faces for changeable information on an erasable surface.
   SIGN.  A name, identification, description, display or illustration which is affixed to, painted or represented, directly or indirectly upon a building, picture, parcel or lot and which directs attention to an object, product, place, activity, person, institution, organization or business.
   STREAMER. A ribbon-shaped or cord-like rope which may have pennants and/or banners attached which is stretched or hung between two or more supports.
   TEMPORARY SIGN.  A sign intended to be used, and in fact used for a time period of six months or less, and not renewable, unless otherwise extend by the AR&D Commission.
   WALL SIGN.  A sign attached to a building face, with the exposed face thereof in a plane parallel to the plane of the wall including painted murals, messages, graphics and other designs painted along with any letters or minerals mounted on buildings and any extensions thereon.  A mansard roof facade on a building shall be considered part of the wall.
   WINDOW SIGN.  A sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)
§ 161.12  CERTIFICATE OF APPROPRIATENESS AND PERMIT.
   All temporary and permanent signs to be erected within the Cambridge Downtown Historical District, except those specifically excluded herein (see § 161.18), shall require a certificate of appropriateness and a sign permit before being erected.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)  Penalty, see § 161.99
§ 161.13  APPLICATION AND PERMIT PROCEDURES.
   (A)   All applications for both temporary, permanent and repaired signs in the Downtown Historic District shall be submitted to the City Engineer.  All new signs or changes to existing signs in the Downtown Historic District must be approved by the Architectural Review and Design Commission before a sign permit is granted.
   (B)   Written application for the permit required shall contain a description of the proposed sign, the location, material from which constructed, the method of securing or fastening same and such other information as may be required.  Plans and specifications for signs or signboards shall be filed showing the dimensions, materials, and required details of construction including loads, stresses, and anchorage.  The application shall be accompanied by the written consent of the owner or lessee of the premises upon which the sign or signboard is to be erected.  The City Engineer may refuse to issue a permit for the erection of any such sign or signboard, unless such details of construction and manner of erection shall be such as will insure the safety of such signs and signboards when erected.
   (C)   The City Engineer shall review the application and act within 15 days by rejecting the application and returning to the application approving same and forward to the Architectural Review and Design Commission.  The Engineer's review shall include the completeness of the application and the safety of such signs when erected.
   (D)   The Architectural Review and Design Commission shall review the application and act within 30 days by rejecting the application and returning to the Engineer, approve the application or approve the application with modifications and issue a certificate of appropriateness.  The certificate shall be forwarded to the Engineer.
   (E)   Upon receipt of the certificate of appropriateness, the Engineer shall issue the applicant a sign permit.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)
§ 161.14  SIGN FEES.
   An applicant for a sign permit shall pay a fee of $10 per sign due upon submission of the sign application.
(Ord. 22-94, passed 3-14-94)
§ 161.15  ABANDONED SIGNS.
   Except as otherwise provided in § 161.21, the Architectural Review and Design Commission shall determine at public hearings when a sign is abandoned as is provided for in § 154.12.
(Ord. 22-94, passed 3-14-94)
§ 161.16  VARIANCE PROCEDURES.
   All applications for a sign variance shall be made directly to the Planning Commission upon forms as prescribed by the Commission.  The Planning Commission shall have the power to make recommendations to Council for sign variances from the provisions and requirements of this subchapter which will not be contrary to the public interest or the intent and purpose of this subchapter, but only where, owning to special conditions pertaining to a specific piece of property, the strict application of provisions to requirements of this subchapter would cause undue or unnecessary hardship.  No such variance shall be recommended by the Planning Commission unless the Planning Commission, after holding a public hearing on the application, determines that the following conditions have been met.
   (A)   The granting of the variance is in accord with the general purpose of this subchapter.
   (B)   The granting of the variance is not injurious to the area or otherwise detrimental to the public welfare.
   (C)   There exist special circumstances or conditions, fully described in the findings, applicable to the property for which the variance is sought, which do not apply generally to the property in the Downtown Historical District, and which, if the provisions of this subchapter were strictly applied, would deprive the owner of the reasonable use of such property.
   (D)   The granting of the variances necessary for the reasonable use of the property.
   (E)   Proof of hardship created by the strict application of this subchapter is presented by the owner.  The proof must show:
      (1)   The hardship results from the application of this subchapter.
      (2)   The hardship is not self-created.
      (3)   The hardship is unique to the property in question.
      (4)   The owner cannot reasonably use the property if the terms of this subchapter are strictly applied.  Showing that a greater profit would result if the provisions of this subchapter were not strictly applied does not prove hardship under the terms of this subchapter.  Showing that the owner bought the property in question without knowledge of the restrictions imposed by this subchapter does not prove hardship under the terms of this subchapter.
   (B)   All recommendations of the Planning Commission shall be presented to Council.  Council shall act only on the recommendation as it comes from the Planning Commission.  A failure by Council to act on a recommendation of the Planning Commission under this section within 60 days of the presentment of the recommendation to Council shall constitute an affirmance of the recommendation of the Planning Commission granting or denying the variance.
(Ord. 22-94, passed 3-14-94)
§ 161.17  MEASUREMENT; SIGNS EXEMPTED FROM AREA REQUIREMENTS.
   (A)   Sign area shall include the face of all the display area of the sign, not including the bracing, framing and structural supports of the sign, unless such support members are made part of the message or face the sign.
   (B)   Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than 12 inches apart.  See illustration below.
   (C)   The area of letters, numbers or emblems mounted on a building wall or wall extension shall be computed by enclosing such sign with the smallest single continuous perimeter around the letters, numbers or emblems and determining its area.
(Ord. 22-94, passed 3-14-94)  Penalty, see § 161.99
§ 161.18  SIGNS WHICH DO NOT REQUIRE A PERMIT.
   The following signs may be erected without a permit:
   (A)   Signs clearly in the nature of decorations customarily associated with any national, local or religious holiday, to be limited to 60 days in any one year and to be displayed not more than 60 consecutive days.  The signs may be of any illumination or animation provided that safety and visibility hazards are not created.
   (B)   Political signs or posters concerning candidates for elective office, public issues and similar matters to be decided by public election, to be displayed beginning no more than 45 days prior to election and to be removed no later than seven days after such election, subject to penalty.  The signs shall not exceed six square feet in area, shall not be illuminated, and shall not create a safety or visibility hazard, nor be affixed to any public utility pole or tree or be located within a public right-of-way.
   (C)   Signs that indicate the sale, development, rental or lease of a particular structure or land area, to be limited in size to six square feet, with one sign allowed per street front.  Such signs shall not be located in a public right-of-way.
   (D)   Exterior signs that are limited in size to 25% of the window area, or ten square feet, whichever is less and which are either not illuminated or are illuminated only from a concealed light source.  Such signs may be placed only in ground level windows where no other permanent or temporary signs are placed and be displayed for a maximum period of 30 days if they indicate or promote special sales or special occasions.
   (E)   Nameplates, provided that the nameplate does not exceed 1½ square feet, and is flush to building, and material must be appropriate to face of building.
   (F)   A sign which advertises the sale of personal property such as a garage, yard, porch or moving sale sign provided that it is limited to one sign, not greater than four square feet in size and which sign is located on the sale premises for a time period not greater than two consecutive days.  Such signs shall not be located in a public right-of-way.
   (G)   Construction signs which display the identification of the construction project, including identification of the contractors, architects and other construction principals provided that such construction sign conforms to the size requirements of the zoning district in which it is located and is removed upon the completion of construction or the commencement of occupancy, whichever event occurs first.
   (H)   The responsible party in each of the above instances shall be as follows:
      (1)   In all cases, the person actually placing the sign.
      (2)   In the case of political signs, the candidate whose name appears on the sign.
      (3)   In the case of porch, yard, or garage sale signs, the owner of the property if he resides therein and has an interest in the sale, otherwise the lessee or other occupant of the property who is conducting the sale.
      (4)   In the case of circus and other special event signs, the sponsoring organization shall be the responsible party.
(Ord. 22-94, passed 3-14-94) Penalty, see § 161.99
§ 161.19  TEMPORARY SIGNS AND TEMPORARY SIGN PERMITS.
   (A)   All temporary signs shall be subject to approval by the Architectural, Review and Design Commission and shall be issued permits subject to the restrictions set forth in the schedule of sign regulations of this subchapter and the regulations required for permanent signs as set forth in § 161.20, except as otherwise provided herein.
   (B)   Banners, and pennants less than 16 square feet are permitted provided that they are attached at each corner, point and/or end so as to prevent movements.  Streamers are prohibited except for as described in § 161.17.
   (C)   Mobile signs which can be moved from one location to another without any change in their structural components or members, including trailer signs, are prohibited.
   (D)   All temporary signs shall be located at the site or location of the event being promoted or of the headquarters for the sponsoring organization except as otherwise provided for in division (H) of this section.
   (E)   The date upon which temporary sign is first displayed shall be legibly marked on the sign.
   (F)   The construction requirement set forth in § 161.20(B)(1) shall not be applicable to temporary signs.
   (G)   Sandwich board signs are exempt from the regulations of this section, except that sandwich board signs shall not have more than 16 square feet of sign face, shall not have lights or illumination, must leave a minimum clearance of five feet from building line on the sidewalk on which they are placed, and shall be of color and design appropriate to the surroundings.
   (H)   Community events and programs which last for a time period of 14 days or less and which are sponsored by nonprofit, public, educational, religious and charitable organizations may display four signs during the event and for a time period of 14 days immediately preceding the commencement of the event.  One sign may be located at the site of the event provided it does not exceed 24 square feet in size.  All off-site signs located in the Downtown Historical District, including streamers, shall not exceed 18 square feet in size.  Each sign shall be placed at a different site and shall be removed no later than 48 hours after the scheduled activity.  If the program or event is for a continuing period of time in excess of 14 days, only one sign, not larger than ten square feet, is permitted and such sign must be located either at the site of the event or program or at the location of the sponsoring organization.
   (I)   Signs greater than four square feet in size which promote special business sales, promotions or occasions shall require a temporary sign permit.  No business shall display such signs for more than 90 days per calendar year or for more than 30 continuous days.  The date each sign is first displayed and the time period for which the sign will be displayed shall be legibly marked on the sign.
   (J)   Political campaign headquarters signs shall require a temporary sign permit.
   (K)   No streamers, banners or signs are permitted on or around public landmarks.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)  Penalty, see § 161.99
§ 161.20  PERMANENT SIGNS.
   (A)   All permanent signs shall require a permit.  Permitted permanent signs shall be classified into one of the four following types:  wall signs, window signs, ground signs, and nameplate signs.
      (1)   All signs within the Downtown Historical District shall be of such a style or design that reflects the era during which the structure was built.
      (2)   All signs shall be construction or natural or traditional materials.
   (B)   Wall signs may be erected on a building wall or extension of a building wall which faces a street, parking lot or service drive, and such sign may not extend beyond any building setback lines.  Wall signs shall be attached parallel to the building face and extend outward perpendicular from the building face a maximum of ten inches except as follows:
      (1)   Signs may be painted on an awning area or attached to a canopy, marquee or roof which projects beyond the building provided that no part of such sign may extend above the roof line, canopy or marquee.
      (2)   All signs are limited to no larger than one quare feet per lineal foot of the store front. (EX: Measure with store front and multiply with 1. If a store front measures 25' it is allowed a maximum of 25 square feet of permanent sign.)
   (C)   Ground signs, to include pole signs and other types of freestanding signs, may be erected on a lot provided the location, height and other characteristics of the sign meet the regulations of this subchapter.
   (D)   Permanent window signs shall be limited to signs denoting the identification of the occupant, the address of the premises and its use.  Window signs shall be limited to one sign per window and shall not exceed one-fourth of the total area of the window, and in no case exceed ten square feet.
   (E)   Projecting Nameplate.  Signs shall not exceed one per major street frontage, shall not rise above the roof line nor obscure any architectural features, and shall not exceed one square foot per linear foot frontage.
   (F)   The following general requirements shall apply for characteristics of permanent signs:
      (1)   Illumination.  Illumination shall be from a concealed or indirect light source and shall not flash, blink, fluctuate, travel, move or in any manner fail to provide constant illumination and shall not create a hazard or visibility problem or interfere with or impair vehicular traffic.  The level of illumination emitted from a sign shall not be of an intensity to constitute a demonstrable safety hazard to vehicular movement on any street from which the sign may be viewed.  Illuminated signs shall be constructed and maintained so that the source of illumination is shielded or otherwise prevented from beaming directly onto adjacent properties or streets.  No internal lighted signs are permitted in the Downtown Historic District.
      (2)   Animation, Message Centers and Moving Signs.  Message centers, flashing signs, moving signs and the animation of signs are prohibited.
      (3)   Pennants, Streamers, and the Like.  No sign shall contain or consist of banners, pennants, ribbons, streamers or similar moving devices.
      (4)   Construction.  The construction of all signs, including any electrical wiring necessary for the operation of illuminated signs shall conform to the specifications of the City Building Code.  All signs shall be adequately maintained and shall not constitute a safety hazard.
      (5)   Location.
         (a)   All permanent signs shall be located on the site being promoted, identified or advertised.
         (b)   In no case shall any part of a sign be placed in, over, or extend onto any public right-of-way except for publicly owned signs such as traffic control and directional signs.  In no case shall any part of a sign be placed in, over or extend above the roof line of any structure.
         (c)   No sign shall be permitted to cover, "black out" or close existing windows, doorway openings or otherwise hide important architectural features.
   (G)   The height of the sign shall be measured from the established grade which shall be defined as that point where the grade line intersects the fronting wall of the building.
   (H)   Billboards, roof signs, mobile signs, announcement signs, blinking, flashing, fluctuation, or moving lights, moving signs, flashing signs, animated signs, pennants, ribbons, and streamers are prohibited.
   (I)   All signs projecting over city property shall be installed so as to insure a minimum of ten feet of clearance from the bottom of the sign to the sidewalk pavement.  If extended over any roadway or alley, 15 feet of clearance from the bottom of the sign to the roadway pavement shall be provided to permit safe vehicular traffic.
   (J)   All upper story level offices or businesses must conform to all rules regulating signs in the Downtown Historic District.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)  Penalty, see § 161.99
§ 161.21  NONCONFORMING SIGNS.
   (A)   The continuance of an existing sign which does not meet the regulations and requirements of this subchapter shall be deemed a nonconforming sign which shall terminate by abandonment.  A sign shall be considered abandoned:
      (1)   When the sign is associated with an abandoned use.
      (2)   When the sign remains after the termination of a business.  A business has ceased operations if it is closed to the public for at least 90 consecutive days.  Seasonal businesses are exempt from this determination.
      (3)   When the sign is not maintained or does not conform to the following:
         (a)   All signs, together with all supports, braces, guys and anchors shall be kept in repair and in proper state of preservation.  The display surfaces of all signs shall be subject to periodic inspection in accordance with the Building Code.
         (b)   Every sign and the immediately surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary and inoffensive condition free and clear of all obnoxious substances, rubbish and weeds.
      (4)   Abandonment shall be determined based upon the above definitions, at a public hearing.  Upon a finding that the signage is abandoned, the right to maintain and use such sign shall terminate immediately.
   (B)   A nonconforming sign shall not be structurally relocated or replaced unless it is brought into compliance with the provisions of this subchapter.
   (C)   A nonconforming sign shall be maintained or repaired in accordance with the following provisions:
      (1)   The size and structural shape shall not be changed or altered.  The copy may be changed provided that the change applies to the original nonconforming use associated with the sign and that the change is made by the owner of the sign at the time the sign became nonconforming; the copy area shall not be enlarged.  Any subsequent owner or user shall bring the sign into compliance within 30 days.
      (2)   In case damage occurs to the sign to the extent of 50% or more of either the structure or the replacement value of the sign, the sign shall be brought into compliance.  Where damage to the sign is less than 50% of the structure or its replacement value, the sign shall be repaired within 60 days.
   (D)   The Grandfather Clause shall terminate at the end of ownership of lease. All new signs replacing Grandfather Clause signs shall conform to all signage regulations in the Downtown Historic District.
(Ord. 22-94, passed 3-14-94; Am. Ord. 45-96, passed 6-10-96)  Penalty, see § 161.99
§ 161.22  STREET NUMBERS REQUIRED.
   An owner, occupant or person having control of a residential, industrial, commercial or public building shall display the numerical address of the building in Arabic numbers not less than four inches in height.
(Ord. 22-94, passed 3-14-94)  Penalty, see § 161.99
DESIGN CONTROL
§ 161.30  PURPOSE.
   The purpose of the Downtown Historical District 1880-1925 era is to maintain and enhance the distinctive character of the Downtown Historical District by safeguarding the architectural integrity of the various period structures within it, and to prevent intrusions and alternations within the district, such as parking lots and open space use that would be incompatible with this established character.
(Ord. 58-96, passed 7-22-96)
§ 161.31  PLANS SUBJECT TO REVIEW.
   Plans to make changes to the exterior of structures or other environmental features in the Downtown Historical District are subject to review by the Architectural Review and Design Commission using the Rickey Report as a standard of historic reference.  The Rickey Report is a study done of this particular area by outside consultants and is available.
(Ord. 58-96, passed 7-22-96)
§ 161.32  CRITERIA FOR EVALUATING  APPLICATIONS FOR CERTIFICATION.
   In considering the appropriateness of any proposed change to the exterior surface of structures or to the other environmental feature of the district, including treescaping and exterior signage and lighting, the Commission shall consider the following:
   (A)   The distinguishing original qualities or character of a period building, structure or site and their environment shall not be destroyed.  The removal or alteration of any historic material or distinctive architectural features should be avoided.
   (B)   All buildings, structures, and sites shall be recognized as products of their own time.  Alterations that have no historical basis and which seek to create an earlier appearance inconsistent to the original integrity of the building shall be discouraged.
   (C)   Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be maintained and used as major guideposts for the style of the building.
   (D)   Significant architectural features that have deteriorated shall be repaired rather than replaced.  In the event replacement is necessary, the new material should match the material being replaced in composition and design.  Repair or replacement of architectural features shall be based on accurate duplications of features, and substantiated by historic, physical or pictorial evidence rather than on a conjectural design or the availability of different architectural elements from other buildings or structures.
   (E)   The surface cleaning of structures shall be undertaken with methods designed to minimize damage to historic building materials.  Sandblasting and other cleaning methods that will damage the historic building materials are to be avoided.
   (F)   Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.
   (G)   When alterations and additions to existing buildings are compatible with size, scale, color, material and character of the property and environment they shall not be discouraged if they do not destroy significant historical architectural materials or alter the intended era of the structure.
   (H)   New additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.
   (I)   Any alterations to trees in the Downtown Historical District can only be made by permission of this Commission, except for the yearly maintenance and replacing by the Beautification Council.
(Ord. 58-96, passed 7-22-96)
§ 161.33  DESIGN REQUIREMENTS.
   (A)   Existing structures and premises.  Reconstruction or rehabilitation within the Downtown Historical District shall conform to the distinguishing original exterior qualities or character of the structure, its site and its environment.
   (B)   New construction.  The design of new structures and of additions to existing structures, including new site improvements, shall take into account the architectural style, general design, arrangement, texture, material and color of other structures and premises within the Downtown Historical District.
   (C)   Materials.
      (1)   All new structures and all reconstruction or remodeling of existing structures within the Downtown Historical District shall utilize natural traditional exterior materials such as brick, stone, masonry and wood.
      (2)   Contemporary materials could be used if they would contribute to the preservation or enhancement of existing integrity and new structure and be architecturally harmonious.
   (D)   Color.  Traditional colors and combinations of those colors that are both identified with the origin or the era in which the Downtown Historical District was originally built, and approved by the Architectural Review and Design Commission, shall be used for building exteriors for all new construction, reconstruction, remodeling, and exterior maintenance of existing structures within the Downtown Historical District.
   (E)   Signs.  All signs are to be in compliance with §§ 161.10 through 161.22.
(Ord. 58-96, passed 7-22-96)
§ 161.34  PROCEDURE FOR ARCHITECTURAL REVIEW; APPROVAL CERTIFICATE.
   (A)   A certificate of approval is required from the Architectural Review and Design Commission prior to any new construction, remodeling, reconstruction or demolition.  Also for any exterior changes to the building that may devalue it as an asset to the historical community of downtown Cambridge.
   (B)   Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any property within the Downtown Historical District.
   (C)   Applications for certificate of approval shall be filed with the Architectural Review and Design Commission at least 15 days before a meeting.  The applicant shall submit with the application, drawings, materials and color samples and any other aides that would assist the Commission in understanding the wishes of the applicant.
   (D)   The Commission shall review and within 15 days, grant a certificate, disapprove an application, or approve an application with modification.
   (E)   Upon disapproval of an application, the applicant may appeal to City Council, within ten days.
   (F)   Application may be obtained at the City Engineer's Office.
(Ord. 58-96, passed 7-22-96)
§ 161.35  ARCHITECTURAL REVIEW AND DESIGN COMMISSION.
   The purpose of the Architectural Review and Design Commission is to establish guidelines and review proposal designs for building and signage within the designated Downtown Historical District.  The City Council approved Ord. No. 22-94 (§§ 161.10 through 161.22) establishing sign regulations for the Downtown Historical District upon the recommendation of the Commission.  That ordinance regulates signs, temporary permanent and repaired.  Effective date of that Ordinance is April 14, 1994.
(Ord. 58-96, passed 7-22-96)
§ 161.36  PERMIT APPLICATIONS; FEE.
   Permit applications for all signs within the Downtown Historic District may be obtained at the City Engineer's Office.  A copy of the sign ordinance will be provided.  A fee of $10.00 is required for each sign.
(Ord. 58-96, passed 7-22-96)
§ 161.99  PENALTY.
   Any person, firm, corporation, partnership or association violating any provision of this chapter or failing to obey any lawful order issued pursuant to its terms shall be fined not more than $100.  Each day during which such violation continues may be deemed a separate offense.
(Ord. 22-94, passed 3-14-94)