This chapter is adopted for the purpose of preserving
and protecting significant buildings or structures within the City
which constitute or reflect distinctive features of the architectural,
cultural, political, economic or social history of the City; to resist
and restrain environmental influences adverse to this purpose; to
encourage owners of preferably preserved significant buildings or
structures to seek out persons who might be willing to purchase and
to preserve, rehabilitate, or restore such buildings or structures
rather than demolish them; and by furthering these purposes to promote
the public welfare, to preserve the resources of the City, and to
make the City a more attractive and desirable place in which to live.
To achieve these purposes, the Amesbury Historical Commission is empowered
to advise the Amesbury Building Commissioner with respect to the issuance
of permits for demolition, and the issuance of demolition permits
for significant buildings and structures is regulated as provided
in this chapter.
The following terms, when used, whether or not
capitalized, in this chapter, shall have the meanings set forth below,
unless the context otherwise requires:
APPLICATION
An application for a permit for the demolition of a building
or structure.
BUILDING
A combination of any materials having a roof and enclosed
within exterior walls or fire walls built to form a structure for
the shelter of persons, animals or property.
BUILDING COMMISSIONER
The person occupying the office of Building Commissioner
or otherwise authorized to issue demolition permits.
COMMISSION STAFF
The Chairman of the Commission, the person performing the
functions of the Chairman in the event that there is no person with
the title of Chairman as such, or any other person regularly providing
staff services for the Commission to whom the Commission has delegated
authority to act as Commission staff under this chapter.
DEMOLITION
The act of pulling down, destroying, removing, or razing
a building or structure or commencing the work of total or substantial
destruction with the intent of completing the same. "Demolition" also
includes any of the following actions when visible from a public way:
removal of a roof or removal of one or more sides of a building or
structure. "Demolition" does not include the removal of a roof or
one or more sides of a building or structure if it is to be replaced
in kind, subject to all other applicable codes and regulations.
DETERMINATION
Any determination contemplated in §
225-3 of this chapter made by the Commission or the Commission staff.
ESSENTIAL SERVICES
Those services/utilities which have been in place in a building,
including but not limited to electric, gas, water, sprinkler systems,
fire alarm, smoke alarm, and fire panel.
HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE
Any building or structure within the City which is in whole
or in part 75 or more years old and one or more of the following:
A.
Which is within any historic district;
B.
Which is listed on or is within an area listed
on the National Register of Historic Places or which is the subject
of a pending application for listing on said National Register;
C.
Which is or has been designated by the Commission
to be a significant building or structure which either is:
(1)
Importantly associated with one or more historic
persons or events or with the broad architectural, cultural, political,
economic, or social history of the City or the commonwealth; or
(2)
Historically or architecturally significant
(in terms of period, style, method of building construction, or association
with a famous architect or builder) either by itself or in the context
of a group of buildings; or
D.
Which is included in Amesbury's Comprehensive
Historic Resource Inventory.
HISTORIC DISTRICT
Any existing or pending National Register district or local
historic district that may from time to time have been established
by ordinance.
PERMIT
A permit issued by the Building Commissioner for demolition
of a building or structure pursuant to an application therefor.
PREFERABLY PRESERVED
Any significant building or structure which the Commission determines, as provided in §
225-3 of this chapter, is in the public interest to be preserved or rehabilitated rather than to be demolished.
STRUCTURE
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, or the like.
The demolition permit shall expire after 24
months of being issued. This means that once the above conditions
have been satisfied, the owner of the property has 24 months to demolish
the building or structure. If the building or structure is not taken
down in that period, the owner shall submit a new demolition permit
application for Commission review.
If a building or structure poses an immediate
threat to public health or safety due to its deteriorated condition,
the owner of such building or structure may request issuance of an
emergency demolition permit from the Building Commissioner. As soon
as practicable after receipt of such request, the Building Commissioner
shall arrange to have the property inspected by a board consisting
of himself or his designee, the City Engineer or his designee, the
Chairman of the Commission or his designee, and one disinterested
person chosen by the Building Commissioner. After inspection of the
building or structure and consultation with the other members of the
board, the Building Commissioner shall determine whether the condition
of the building or structure represents a serious and imminent threat
to public health and safety and whether there is any reasonable alternative
to the immediate demolition of the building or structure which would
protect public health and safety. If the Building Commissioner finds
that the condition of the building or structure poses a serious and
imminent threat to public health and safety and that there is no reasonable
alternative to the immediate demolition of the building or structure,
then the Building Commissioner may issue an emergency demolition permit
to the owner of the building or structure. Whenever the Building Commissioner
issues an emergency demolition permit, he shall prepare a written
report describing the condition of the building or structure and the
basis of his decision to issue an emergency demolition permit. A copy
of this written report shall be filed with the Commission.