[Ord. of 6-26-2012]
This chapter is enacted for the purpose of preserving and protecting
significant buildings within the City that constitute or reflect distinctive
features of the architectural, cultural, economic, political or social
history of the City and to limit the detrimental effect of demolition
on the character of the City. Through this chapter, owners of preferably
preserved buildings are encouraged to seek out alternative options
that will preserve, rehabilitate or restore such buildings and residents
of the City are alerted to impending demolitions of significant buildings.
By preserving and protecting significant buildings, streetscapes and
neighborhoods, this chapter promotes the public welfare by making
the City a more attractive and desirable place in which to live and
work. To achieve these purposes the Historical Commission is authorized
to advise the Building Inspector with respect to demolition permit
applications. The issuance of demolition permits is regulated as provided
by this chapter.
[Ord. of 6-26-2012]
APPLICANT — Any person or entity who files an
application for a demolition permit. If the applicant is not the owner
of the premises upon which the building is situated, the owner must
indicate on or with the application his/her assent to the filing of
the application.
APPLICATION
An application for the demolition of a building.
BUILDING
Any combination of materials forming a shelter for persons,
animals, or property.
BUILDING INSPECTOR
The person occupying the office of Building Inspector or
otherwise authorized to issue demolition permits.
COMMISSION
The North Adams Historical Commission or its designee.
DEMOLITION
Any act of pulling down, destroying, removing, dismantling
or razing a building or commencing the work of total or substantial
destruction with the intent of completing the same.
DEMOLITION PERMIT
The building permit issued by the Building Inspector for
a demolition of a building, excluding a building permit issued solely
for the demolition of the interior of a building.
PREFERABLY PRESERVED
Any significant building, which the Commission determines,
following a public hearing, that it is in the public interest to be
preserved rather than demolished. A preferably preserved building
is subject to the twelve-month demolition delay period of this chapter.
SIGNIFICANT BUILDING
Any building within the City which is in whole or in part
50 years or more old and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
The Building is listed on, or is within an area listed on, the
National Register of Historic Places; or
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The Building has been found eligible for the National Register
of Historic Places; or
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The Building is 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
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The Building is historically or architecturally important (in
terms of period, style, method of building construction or association
with a recognized architect or builder) either by itself or in the
context of a group of buildings.
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[Ord. of 6-26-2012]
No demolition permit for a building, which is in whole or in
part 50 years or more old, shall be issued without following the provisions
of this chapter. If a building is of unknown age, it shall be assumed
that the building is over 50 years old for the purposes of this chapter.
An applicant proposing to demolish a building subject to this
chapter shall file with the Building Inspector an application containing
the following information:
The address of the building to be demolished.
The owner's name, address and telephone number.
A description of the building.
The reason for requesting a demolition permit.
A brief description of the proposed reuse, reconstruction or
replacement.
A photograph or photograph(s) of the building.
The Building Inspector shall within seven days forward a copy
of the application to the Commission. The Commission shall within
15 days idler receipt of the application, make a written determination
of whether the building is significant.
Upon determination by the Commission that the building is not
significant, the Commission shall so notify the Building Inspector
and applicant in writing. The Building Inspector may then issue the
demolition permit.
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Inspector and the applicant
in writing. No demolition permit may be issued at this time. If the
Commission does not notify the Building Inspector within 15 days of
receipt of the application, the Building Inspector may proceed to
issue the demolition permit.
If the Commission finds that the building is significant, it
shall hold a public hearing within 30 days of the written notification
to the Building Inspector. Public notice of the time, place and purpose
of the hearing shall be posted in a conspicuous place in City Hall
for a period of not less than seven days prior to the date of said
hearing and the applicant and the building inspector shall be notified
in writing of the meeting time and place.
The Commission shall decide at the public hearing or within
14 days after the public hearing whether the building should be preferably
preserved. If agreed to in writing by the applicant, the determination
of the Commission may be postponed.
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Inspector and
applicant in writing. The Building Inspector may then issue the demolition
permit.
If the Commission determines that the building is preferably
preserved, the Commission shall notify the Building Inspector and
applicant in writing. No demolition permit may then be issued for
a period of 12 months from the date of the determination unless otherwise
agreed to by the Commission. If the Commission does not so notify
the Building Inspector in writing within 21 days of the public hearing,
the Building Inspector may issue the demolition permit.
Upon a determination by the Commission that any building which
is the subject of an application is a preferably preserved building,
no building permit for new construction or alterations on the premises
shall be issued for a period of 12 months from the date of the determination
unless otherwise agreed to by the Commission.
No permit for demolition of a building determined to be a preferably
preserved building shall be wanted until all plans for future use
and development of the site have been filed with the Building Inspector
and have found to comply with all laws pertaining to the issuance
of a building permit or if for a parking lot, a certificate of occupancy
for that site. All approvals necessary for the issuance of such building
permit or certificate of occupancy, including without limitation any
necessary zoning variances or special permits, must be granted and
all appeals from the granting of such approvals must be concluded,
prior to the issuance of a demolition permit under this section.
The Building Inspector may issue a demolition permit or a building
permit for a preferably preserved building within the 12 months if
the Commission notifies the Building Inspector in writing that the
Commission finds that the intent and purpose of this chapter is served
even with the issuance of the demolition permit or the building permit.
Following the twelve-month delay period, the Building Inspector
may issue the demolition permit.
[Ord. of 6-26-2012]
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this chapter.
The Commission is authorized to adopt a schedule of reasonable
fees to cover the costs associated with the administration of this
chapter.
The Commission may delegate authority to make initial determinations
of significance to one or more members of the Commission or to a municipal
employee.
The Commission may proactively develop a list of significant
buildings that will be subject to this chapter. Buildings proposed
for the significant building list shall be added following a public
hearing.
[Ord. of 6-26-2012]
If after an inspection, the Building Inspector finds that a
building subject to this chapter is found to pose an immediate threat
to public health or safety due to its deteriorated condition and that
there is no reasonable alternative to the immediate demolition of
the building or structure, then the Building Inspector may issue an
emergency demolition permit to the owner of the building or structure.
The Building Inspector shall then prepare a report explaining the
condition of the building and the basis for his decision, which shall
be forwarded to the Commission.
[Ord. of 6-26-2012]
The Commission and/or the Building Inspector are each specifically
authorized to institute any and all actions and proceedings, in law
or equity, as they may deem necessary and appropriate to obtain compliance
with the requirements of this by-law or to prevent a threatened violation
thereof.
Any owner of a building subject to this chapter that demolished
the building without first obtaining a demolition permit in accordance
with the provisions of this chapter shall be subject to a fine of
not more than $300. Each day the violation exists shall constitute
a separate offense until a faithful restoration of the demolished
building is completed or unless otherwise agreed to by the Commission.
If a building subject to this chapter is demolished without
first obtaining a demolition permit, no building permit shall be issued
for a period of two years from the date of the demolition on the subject
parcel of land or any adjoining parcels of land under common ownership
and control unless the building permit is for the faithful restoration
referred to above or unless otherwise agreed to by the Commission.
[Ord. of 6-26-2012]
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to the City Council
that the building be protected through the provisions of Massachusetts
General Laws, Chapter 40C, the Historic Districts Act. The steps required
under M.G.L. Chapter 40C shall be followed prior to the establishment
of a local historic district. Nothing in this chapter shall be deemed
to conflict with the provisions of the Historic Districts Act, Massachusetts
General Laws Chapter 40C. If any of the provisions of this chapter
do so conflict, that act shall prevail.
[Ord. of 6-26-2012]
In case any section or part of this chapter be for any reason
declared invalid or unconstitutional by any court, every other section,
paragraph, and part shall continue in full force and effect.