Oxford City Zoning Code
CHAPTER 154
DEMOLITION OF HISTORIC BUILDINGS
§ 154.01 PURPOSE.
The purpose of this chapter is to provide public notice of the intent to demolish a building, structure or part thereof, more than 100 years old, and to impose a waiting period not to exceed 90 days in accordance with Conn. Gen. Stat. § 29-406(b) so that consideration may be given to the documentation and preservation of historical, architectural or culturally significant buildings in the town.
(Ord. passed 8-1-2006)
§ 154.02 PERMIT REQUIRED.
No person, firm, corporation, public agency or other entity (“the applicant”) shall demolish a building, structure or part thereof located in the town that is larger than 500 square feet in total size and was constructed more than 100 years prior to the date of the application for a demolition permit without filing an application and obtaining a permit for the demolition from the Building Inspector of the town (“the Building Inspector”).
(Ord. passed 8-1-2006) Penalty, see § 154.99
§ 154.03 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEMOLITION. Removal, alteration and/or replacement of exterior walls. Including, but not limited to, any part of proposed work that may impact the architecture and/or facade of dwelling/structure.
PART THEREOF. Fifty percent or more of a dwelling/structure more than 500 square feet in size including areas on ground level and above. Basement not to be considered in the calculation.
STRUCTURE. Anything that has been constructed/built.
(Ord. passed 8-1-2006)
§ 154.04 DEMOLITION REQUIREMENTS AND PROCEDURES.
The demolition of any building, structure or part thereof shall be subject to the following requirements and procedures in addition to the provisions of Conn. Gen. Stat. §§ 29-401 through 29-415.
(A) The applicant shall file an application for a demolition permit with the Building Inspector which application shall include, in addition to any other information as may be required, the size and the age of the building or structure to be demolished. Verification of both size and age shall be provided by the applicant and shall be obtained from independent records such as the Town Tax Assessor’s records.
(B) All applications for demolition meeting the conditions of this chapter shall be submitted to the town municipal historian and the Town Historical Society, Inc. for review within 15 days of the application.
(C) Upon filing of the demolition permit application, the applicant shall post a “notice of intent to demolish” sign provided by the applicant and approved by the Town Building Department in a conspicuous place on the property upon which the building to be demolished is located. The sign shall include three-inch lettering and not exceed 16 square feet in area and shall remain posted for 15 consecutive days from the date of the legal notice publication.
(D) The applicant shall pay the cost of the legal notice required under division (E) below.
(E) Upon receipt of an application for demolition of a building, structure, or part thereof, subject to the terms of this chapter, the Building Inspector shall publish a legal notice of the demolition permit application in a newspaper having substantial circulation in the town. The notice shall state that an application for a demolition permit has been filed, the date of the filing of the application, the location of the property, the name of the owner of the property, the size and age of the building to be demolished and that unless a pertinent written objection to the demolition is filed with the Building Inspector within 15 days of the publication of the legal notice, the demolition permit may be issued after the expiration of the 15 days. The notice shall be published by the Building Inspector not later than 15 days after receipt of an application.
(F) The Building Inspector shall no later than the publication of the legal notice, mail a copy of the legal notice to town municipal historian, the Town Historical Society, Inc. and to any organization, firm, corporation, society, public agency or individual who has requested notification by written notice delivered to the Building Inspector. To be entitled to notification under this provision, any organization, firm, corporation, society, public agency or individual shall register with the Building Inspector and indicate a desire to be notified of demolition permit applications for historic or significant buildings or structures. The notification request, shall be renewed annually each January 1 following the initial request. The Building Inspector shall maintain on file a list of names and addresses of all interested parties who have requested notification.
(G) If the Building Inspector has received no pertinent written objection to the application within 15 days following the publication of the legal notice, he or she may issue the demolition permit. Pertinent written objections shall state the architectural, historic or cultural importance of the subject building.
(H) If the Building Inspector receives a pertinent written objection to the issuance of a demolition permit within 15 days following the publication of the legal notice, the Building Inspector shall delay the issuance of a permit for a period of 90 days following the date of the filing of the demolition permit application. In the event that all written objections are withdrawn before the expiration of the 90-day period, the Building Inspector may issue the demolition permit.
(I) Notwithstanding the foregoing provisions, within 15 days following the publication of the legal notice, the Building Inspector may, with the written approval of the town municipal historian and the Town Historical Society, Inc., make a written finding that the building which is proposed to be demolished is not of an age, style, location, condition or character that is of historical, architectural or cultural significance to the town. Upon that finding, the Building Inspector may waive the provisions of this chapter requiring delay in the issuance of the demolition permit. If the Building Inspector receives no written response from the town municipal historian or the Town Historical Society, Inc. within ten days of mailing the copy of the legal notice, approval shall be presumed. A written notice of waiver shall be sent by first class mail on the day of the waiver determination to all interested parties as listed in division (F) above. In the event of a waiver by the Building Inspector, a demolition permit may be issued on the eighth day following the waiver determination provided that no appeal of the determination has been taken to the Town Board of Selectmen (“the Board”).
(J) Any person aggrieved by the action of the Building Inspector in waiving these provisions may appeal to the Board within seven days following the waiver determination. This provision shall not preclude applicants from pursuing any other available means of appeal provided by the Connecticut General Statutes. The Board shall have the power to overrule the waiver and may issue a stay of demolition for a period of 90 days from the date of the filing of the demolition permit application or may uphold the waiver. In considering an appeal, the Board shall review the architectural, cultural and historic importance of the building. Any appeal shall be heard by the Board at its next regularly scheduled meeting.
(Ord. passed 8-1-2006)
§ 154.05 BUILDINGS LISTED ON THE NATIONAL OR STATE REGISTER OF HISTORIC PLACES.
Notwithstanding the provisions of § 154.04(I), if a building or structure listed on the National or State Register of Historic Places or located in a town historic district is proposed to be demolished, the Building Inspector may not waive any provisions of this chapter. The application for demolition shall be referred to the State Historical Commission which may, under Conn. Gen. Stat. § 7-147j(b), delay demolition for 90 days from issuance of a demolition permit if during the time the State Historical Commission is attempting to find a purchaser who will retain or remove the building or who will present some other reasonable alternative to demolition.
(Ord. passed 8-1-2006)
§ 154.06 EXCEPTION.
The provisions of this chapter shall not apply to any demolition ordered by the Building Inspector because of an emergency or threat to public health and/or safety.
(Ord. passed 8-1-2006)
§ 154.07 EXPIRATION OF PERMIT.
Any permit issued under this chapter shall become invalid if the authorized demolition work is not completed within six months after issuance of the permit.
(Ord. passed 8-1-2006)
§ 154.08 EFFECTIVE DATE.
The effective date of this chapter shall be August l, 2006.
(Ord. passed 8-1-2006)
§ 154.99 PENALTY.
Pursuant to Conn. Gen. Stat. § 29-414, failure of any person, firm, corporation, public agency or other entity to comply with this chapter may result in a fine of not more than $500 or imprisonment of not more than a year or both.
(Ord. passed 8-1-2006)