[Adopted 4-14-1986 ATM by Art. 39]
[Amended 3-21-2016 ATM
by Art. 30; 3-28-2018 ATM by
Art. 44]
This bylaw is enacted for the purpose of preserving and protecting
significant buildings within the Town, and to encourage owners of
such buildings to seek out persons who might be willing to purchase,
preserve, rehabilitate or restore such buildings rather than demolish
them. To achieve these purposes the Lexington Historical Commission
(the "Commission") is empowered to advise the Building Commissioner
with respect to the issuance of permits for demolition of significant
buildings. The issuance of demolition permits for significant buildings
is regulated as provided in this bylaw except those buildings which
are within Historic Districts or Neighborhood Conservation Districts
(as defined below).
Buildings which are within Historic Districts are subject to the bylaws and regulations of the Historic Districts Commission, including §
19-4 of this bylaw. Buildings which are in Neighborhood Conservation Districts are subject to the bylaws and regulations of the applicable Neighborhood Conservation District Commission.
As used in this article, the following terms
shall have the meanings indicated:
BUILDING
Any combination of materials forming a shelter for persons,
animals or property.
COMMISSION
Except as otherwise provided in §
19-4, the Lexington Historical Commission.
[Amended 3-21-2016 ATM
by Art. 30]
DEMOLITION
Any act of substantially pulling down, destroying, removing
or razing a building or any portions thereof, or commencing the work
of total or substantial destruction with the intent of completing
the same. "Demolition" as used herein shall be deemed to include demolition
by neglect.
[Amended 4-11-2007 ATM by Art. 15]
DEMOLITION BY NEGLECT
A process of ongoing damage to the fabric, viability and/or
functionability of an unoccupied building leading towards and/or causing
its eventual demolition due to decay and/or structural failure and/or
severe degradation over a period of time as a result of a general
lack of maintenance, and/or failure to secure the building from pests
or vandals, and/or failure to take reasonable measures to prevent
the ingress of water, snow, ice, and wind through the roof, walls,
or apertures.
[Added 4-11-2007 ATM by Art. 15]
HISTORIC DISTRICTS
Historic districts as defined in Chapter 447 of the Acts
of 1956, as amended.
[Added 3-21-2016 ATM
by Art. 30]
HISTORIC DISTRICTS COMMISSION
The Historic Districts Commission established pursuant to
Chapter 447 of the Acts of 1956, as amended.
[Added 3-21-2016 ATM
by Art. 30]
SIGNIFICANT BUILDING
Except as otherwise provided in §
19-4, any building or portion thereof not within an Historic District or Neighborhood Conservation District but which:
[Amended 3-21-2016 ATM
by Art. 30; 3-28-2018 ATM by Art.
44]
A.
Is listed on, or is within an area listed on,
the National Register of Historic Places, or is the subject of a pending
application for listing on said National Register; or
B.
Is included in the Cultural Resources Inventory
prepared by the Commission including those buildings listed for which
complete surveys may be pending; or
C.
Has been determined by vote of the Commission
to be historically or architecturally significant in terms of period,
style, method of building construction, or association with a famous
architect or builder provided that the owner of such a building and
the Building Commissioner have been notified, in hand or by certified
mail, within 10 days of such vote.
[Added 4-11-2007 ATM by Art. 15; amended 3-21-2016 ATM by Art. 30]
A. The term "Commission" as used in this §
19-4 shall mean the Lexington Historical Commission or, with respect to buildings within its jurisdiction, the Historic Districts Commission.
[Amended 3-28-2018 ATM
by Art. 44]
B. The term "significant building" as used in this §
19-4 and in §
19-5 shall also include buildings subject to the jurisdiction of the Historic Districts Commission.
[Amended 3-28-2018 ATM
by Art. 44]
C. If the Commission has reason to believe, through visual inspection
or other means, that a significant building may be undergoing demolition
by neglect, then the Commission shall notify the Building Commissioner
and the owner, and the Commission and the Building Commissioner shall
jointly hold a public hearing to i) confirm whether or not the building
is a significant building and ii) determine whether or not it is undergoing
demolition by neglect, which shall require the concurrence of the
Building Commissioner. In furtherance of determining its condition,
the Commission may, at any time, request an inspection of the building
by the Building Commissioner.
D. If the Commission and the Building Commissioner both determine that
the building is undergoing demolition by neglect, the Commission and
the Building Commissioner shall attempt to negotiate a voluntary agreement
with the owner for appropriate and timely repairs sufficient to structurally
stabilize the building and/or prevent further deterioration.
E. In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner, then the Commission and the Building Commissioner may take such action as is permitted under §
19-5, including seeking a court order that specific repairs be undertaken to secure the building against the elements, vandals and vermin, to halt further deterioration, and to stabilize it structurally. The Commission may forbear from commencing an action in court for any reason.
F. Upon completion of all repairs that have been agreed upon between
the owner and the Commission and the Building Commissioner or that
have been ordered by the Commission and the Building Commissioner,
or that have been ordered by the court, and upon certification by
the Building Commissioner that said repairs have been completed, the
Commission shall certify that the building is no longer undergoing
demolition by neglect.
[Amended 4-11-2007 ATM
by Art. 15; 3-21-2016 ATM by Art.
30]
A. The Commission and the Building Commissioner are each authorized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this bylaw, or to prevent a violation thereof. The Historic Districts Commission is, in addition, authorized to institute any such proceeding to obtain compliance with §§
19-4 and
19-5B and
19-5C of this bylaw.
B. No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this bylaw for a period of two years after the date of the completion of such demolition or the date by which the Commission or the Historic Districts Commission, as applicable, and the Building Commissioner both have determined that a building is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under §
19-4D herein, or as otherwise agreed to by the Commission or Historic Districts Commission, as applicable. As used herein "premises" includes the parcel of land upon which the demolished significant building was located.
C. Upon a determination by the Commission or the Historic Districts Commission, as applicable, that a building is a preferably preserved significant building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Subsection
B of this section.
[Added 4-11-2007 ATM by Art. 15]
Notwithstanding any other provision of this
bylaw, nothing herein shall be construed to prevent the demolition
of any structure or portion thereof which the Building Commissioner
shall certify is required by the public safety because of an unsafe
or dangerous condition.
If any section, paragraph or part of this bylaw
be for any reason declared invalid or unconstitutional by any court,
every other section, paragraph and part shall continue in full force
and effect.
[Added 3-27-2013 ATM
by Art. 31]
Prior to inclusion of a building or portion thereof in the Cultural
Resources Inventory, the Commission shall provide advance written
notice of no less than 21 (twenty-one) days, sent to the address of
the owner of record of said property, as maintained in the Assessor’s
office. Said notice shall include the date of the meeting at which
the Commission will deliberate on inclusion of said building in the
Cultural Resources Inventory.