ARTICLE 34
DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS
Intent and Purpose
This by-law is enacted for the purpose of preserving and protecting significant buildings within the Town which are outside Local Historic Districts 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 Sharon Historical Commission (the "Commission") is empowered to advise the Building Inspector 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 by-law.
Definitions
1. "Buildings" - any combination of materials forming a shelter for persons, animals, or property.
2. "Demolition" - any act of pulling down, destroying, removing, or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same.
3. "Significant building" - any building or portion thereof which:
a. in whole or in part was built 100 (one hundred) or more years prior to the date of the application for the demolition permit or is of unknown age; or
b. 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
c. is included in the Cultural Resources Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending; or
d. 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 Inspector have been notified, in hand or by certified mail, within ten (10) days of such vote.
4. "Commission" - the Sharon Historical Commission.
Procedure
1. Upon receipt of an application for a demolition permit for a significant building, the Building Inspector shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time.
2. Within 14 days, the Commission shall make an Initial Determination as to the historic significance of the building. The Initial Determination shall be positive if the structure is historically inventoried or to be inventoried by the Historical Commission. Otherwise the Determination is negative.
3. If the Initial Determination is negative, the Building Inspector may issue the permit. If the determination is positive, the Commission shall fix a reasonable time for a public hearing on the application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, and to such other persons as the Commission shall deem entitled to notice.
4. If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen days (15) from the date of the conduct of the hearing if he/she has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, by-laws, rules, and regulations, issue the demolition permit.
5. If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building. The Commission shall notify Massachusetts Historic Commission and other interested parties requesting assistance in preservation funding and adaptive reuses.
6. Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least twelve months after the date of such determination by the Commission.
7. Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either:
(i) the Commission satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate, or restore such buildings, or
(ii) the Commission is satisfied that for at least six months the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate, and restore the subject building, and that such efforts have been unsuccessful.
Enforcement and Remedies
1. The Commission and/or the Building Commissioner 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.
2. Any owner of a building subject to this by-law that demolished the building without first obtaining a demolition permit in accordance with the provisions of this by-law shall be subject to a fine of not more than Three Hundred Dollars. 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.
3. If a building subject to this by-law 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.
Severability
If any section, paragraph, or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph, and part shall continue in full force and effect.