Page 1 Sec. 21-315. â Demolition Review
Sec. 21-315. – Demolition Review. A. Purpose and intent. The regulations set forth in this article are adopted to safeguard the heritage of Wickford village by providing for a review of alternatives to demolition of buildings and preserving structures which reflect elements of its cultural, social, economic and political and architectural history; foster civic beauty; and promote the use of historic buildings for the education, pleasure and welfare of the citizens of the town. B. Applicability. The Demolition Review provisions shall apply to any and all structures located within the Wickford Historic District, as delineated by the National Registry of Historic Places in 1974, but excluding any or all properties provided for in Sec. 21-332. C. Procedure. 1) A permit may be issued by the Building Official for demolition of any building or structure to which these provisions apply only if he/she has determined, based upon his/her own examination and review of evidence provided by the applicant that: a) The condition of the building or structure poses a serious and imminent threat to the public health, safety and welfare, and that there is no economically feasible alternative to the immediate demolition of the building or structure; or b) Said building or structure is clearly devoid of reuse potential due to its existing condition or physical barriers to moving the structure such as topography; or c) The demolition delay period set forth in Sec. 21-315(C)(5) as expired. 2) Applicants requesting approval of a demolition permit shall submit the following information to the Building Official: a) A description of the proposed plans for demolition and the reason(s) therefore. b) In the case of partial demolitions, proposed plans and elevations for the affected portion of the building or structure. c) In the case of complete demolition, a description of efforts, if any, to implement an alternative to demolition, including any efforts to locate a purchaser of the building or structure who is willing to preserve, rehabilitate or restore the building or structure. 3) Within fifteen (15) days of receipt of the required submittals, the Building Official shall issue to the applicant a notice of determination whether immediate demolition is necessary per Sec. 21-315(C)(1)(a) or whether the building or structure is clearly devoid of reuse potential per Sec. 21-315(C)(1)(b). If the Building Official determines that the demolition may proceed or if more than the allowable time for his/her decision under Sec. 21-315(C)(3) elapses, a permit for demolition shall be issued in accordance with State law. 4) If the Building Official determines that immediate demolition is not required and that the structure has reuse potential, a public notice shall be provided in a local newspaper of general circulation at the expense of the applicant inviting letters of interest regarding the availability of a building or structure which is to be moved from the present location. Such notice shall include a description of the property and a means to contact the applicant. Demolition may proceed if either: a) Thirty (30) days elapse from the date of publication without receipt of one or more letters received by the Building Official to be expressions of interest; or b) More than sixty (60) days elapse from the date of publication without a written agreement having been executed between the owner of the structure and a party seeking to acquire it for restoration or relocation.
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5) Interim Agreements. Where a written agreement has been executed as provided for in Sec. 21-315(C)(4)(b) to the satisfaction of the Building Official assuring removal or demolition of the structure, that structure may be temporarily relocated and may remain on the premises for up to six (6) months, during which permitting and new construction may proceed on the premises. In such cases, no final certificate of occupancy shall be issued while the building proposed for removal or demolition remains on the site. 6) Enforcement. Demolition of a structure without first obtaining and complying fully with the determinations of the Building Official under Sec. 21-315 shall be subject to enforcement action as provided for in § 23-27.3-113.1. The period of violation shall begin as provided for in § 23-27.3-122.0 and shall not end until restoration or compensatory provisions have been made to the satisfaction of the Building Official. Further, no building permit for new construction on the premises shall be issued for a period of two (2) years following the date of the unauthorized demolition. 7) Appeals. A person jointly or severally aggrieved by a decision of the Building Official shall have the right to appeal the decision to the zoning board of review as provided for in Sec. 21-17.
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5) Interim Agreements. Where a written agreement has been executed as provided for in Sec. 21-315(C)(4)(b) to the satisfaction of the Building Official assuring removal or demolition of the structure, that structure may be temporarily relocated and may remain on the premises for up to six (6) months, during which permitting and new construction may proceed on the premises. In such cases, no final certificate of occupancy shall be issued while the building proposed for removal or demolition remains on the site. 6) Enforcement. Demolition of a structure without first obtaining and complying fully with the determinations of the Building Official under Sec. 21-315 shall be subject to enforcement action as provided for in § 23-27.3-113.1. The period of violation shall begin as provided for in § 23-27.3-122.0 and shall not end until restoration or compensatory provisions have been made to the satisfaction of the Building Official. Further, no building permit for new construction on the premises shall be issued for a period of two (2) years following the date of the unauthorized demolition. 7) Appeals. A person jointly or severally aggrieved by a decision of the Building Official shall have the right to appeal the decision to the zoning board of review as provided for in Sec. 21-17.
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