[HISTORY: Adopted by the Town Meeting of the Town of Colchester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 24.
Dangerous buildings — See Ch. 30.
Historic districts — See Ch. 74.
Ordinance enforcement — See Ch. 93.
Tax abatement for historic structures — See Ch. 129, Art. V.
[Adopted 7-16-1992]
The following terms shall have the meanings indicated:
DESIGNATED HISTORIC DISTRICT
An area designated as an Historic District pursuant to C.G.S.§ 7-147b.
LUSIGNAN HISTORICAL AND ARCHITECTURAL SURVEY
The survey prepared by Paul R. Lusignan for the Town of Colchester and Connecticut Historical Commission in 1991, containing on Appendix I, a schedule by street address of 166 historically significant buildings. A copy of said survey is available for copying in the office of the Town Clerk.
PERSON
Include an individual, a partnership, a joint venture, a corporation, an association and any other organization recognized as an entity by the laws of the State of Connecticut.
No person shall demolish any building, structure or part thereof without first obtaining a permit for the particular demolition undertaking from the Building Official, and dismantling a building for removal shall be considered for the purpose of this section as demolition. Before issuing such a permit, the Building Official shall:
A. 
Publish a legal notice of any application for such permit for the demolition of said building, structure or part in a newspaper having substantial circulation in the Town of Colchester.
(1) 
Notice shall be published at least 60 days before the issuance of such permit for buildings and structures located within a designated Historic District or individually listed on the National Register of Historic Places or nominated for such status, or a building at the address listed on Appendix I of the Lusignan Historical and Architectural Survey.
(2) 
Notice shall be published at least 30 days before the issuance of such permit for all other buildings and structures.
B. 
Notify any organization concerned with the preservation of structures within the Town of Colchester. To be entitled to notification under this provision, any such organization shall register with the Building Official and indicate a desire to be notified of the proposed demolition permit application, and such registration shall be renewed annually after initial registration.
(1) 
Notification shall be provided at least 60 days before the issuance of such permit for all buildings and structures situated in a designated Historic District or on the National Register of Historic Places, or nominated for such status, or a building at the address listed on Appendix I of the Lusignan Historical and Architectural Survey.
(2) 
There shall be no notification requirement pursuant to this Subsection B for buildings not in an Historic District or not on the National Register of Historic Places, or nominated for such status, or not at the address Appendix I of the Lusignan Historical and Architectural Survey.
(3) 
Verify notifications by United States mail, return receipt requested, abutting property owners, including condominium associations. It shall be the responsibility of the applicant to furnish to the Building Official the names and proper mailing addresses of all abutters as their names appear in the last completed grand list. The applicant must present return receipts with names and proper mailing addresses of all abutters.
No such permit, other than for a building situated in a designated Historic District or on the National Register of Historic Places or nominated for such status or a building at the address listed on Appendix I of the Lusignan Historical and Architectural Survey, shall be issued to any person unless in connection with the application for such permit the applicant files an affidavit with the Building Official certifying that the applicant has posted a sign on the property to be affected by the application in a place visible from the public street, which sign shall read: "Application for a permit to demolish this building pending. For information contact the Building Official of the Town of Colchester." Said sign shall be at least two feet by three feet in size and will be made available to the applicant by the Building Official on request and upon assurances made of its return. Said sign shall remain posted on the property for a least 30 days before issuance of the permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of § 27-2 concerning public notices, signs and notification of abutting property owners shall not apply to applications for demolition due to a threat to the public health or to emergency demolition orders issued by the Building Official due to a threat to the public safety.
This article shall not apply to buildings containing less than 500 square feet of floor space, provided that this exception shall not apply to any building located in a designated Historic District or on the National Register of Historic Places, or nominated for such status, or a building at the address listed on Appendix I of the Lusignan Historical and Architectural Survey.
Any permit issued pursuant to this article shall be valid for a period of one year from date of issuance, and if the demolition contemplated by said permit is not completed within said one-year period, then the owner of such building shall be required to make application pursuant to this article for a new permit and satisfy all notification requirements of this article should said owner wish to demolish said building.
[Adopted 7-16-1992; revised 6-30-1994]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The owner of the historic building to be demolished.
BUILDING OFFICIAL
The Town Building Official.
DEMOLITION
The meaning adopted by the Commissioner of Public Safety pursuant C.G.S.§ 29-401.
HISTORICAL SURVEY
The historical and architectural survey prepared in 1991 by Paul R. Lusignan for the town and the Connecticut Historical Commission, which historical survey includes, in its Appendix I, a schedule by street address of 166 historically or architecturally significant buildings located in the town. A copy of the historical survey is available in the Town Clerk's office.
HISTORIC BUILDING
Any building, structure or any part thereof that is:
A. 
Located within an Historic District established pursuant to C.G.S.§ 7-147a through 7-147k;
B. 
An historic property designated pursuant to C.G.S.§ 7-147p through 7-147y;
C. 
Listed or nominated for listing on the National Register of Historic Places;
D. 
Listed on Appendix I of the historical survey; or
E. 
More than 75 years old.
TOWN
The Town of Colchester.
No permit for the demolition of an historic building shall be issued until the following requirements are satisfied:
A. 
Filing of an application for a demolition permit with the Building Official upon a form provided by the Building Official, which form shall contain, in addition to such other information as may be required, the name and address of the applicant and the address of the historic building to be demolished;
B. 
Publication by the Building Official of notice of the demolition permit application in a newspaper having substantial circulation in the town. The notice shall be published within seven days following the filing of the demolition permit application;
C. 
Notification mailed by the Building Official to the Colchester Historic District Commission and any organization concerned with the preservation of structures, provided that such organization has registered its desire for such notification with the Building Official. Such notification shall be mailed seven days following the filing of the demolition permit application;
D. 
Notification mailed by the applicant to the owners of all parcels of land abutting the property on which the historic building to be demolished is located. Such notification shall be mailed within seven days following the filing of the demolition permit application. The applicant shall provide the Building Official with the names and mailing addresses, as shown on the then-current Town Assessor's Map, of such abutting owners and Unite States Postal Service return receipts verifying such notification;
E. 
Posting of a sign by the applicant giving notice of the application for a demolition permit in a conspicuous place on the property on which the historic building to be demolished is located. The sign shall remain posted from the date the application is made until the date the permit is issued. The sign shall be provided by the town upon the posting of a deposit of $10 with the Building Official; and
F. 
A waiting period of 60 days following the filing of the application for the demolition permit.
The provisions of this article shall not apply to the demolition of an historic building for public health and safety reasons as determined by the Building Official or the town Director of Health.