[HISTORY: Adopted by the City Council of the City of Springfield 12-16-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historic districts — See Ch. 49.
Building construction — See Ch. 140.
Property maintenance — See Ch. 285.
[1]
Editor's Note: This ordinance was adopted as Ch. 418 but was
renumbered to fit into the organizational structure of the Code.
This chapter is enacted for the purpose of preserving and protecting
significant buildings within the City of Springfield which 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. 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person or entity who or which files an application for
a demolition permit.
An application for the demolition of a building.
Any combination of materials forming a shelter for persons,
animals, or property.
The person occupying the office of Building Commissioner
or otherwise authorized to issue demolition permits.
The Springfield Historical Commission.
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.
The permit issued by the Building Commissioner for a demolition
of a building, excluding a permit issued solely for the demolition
of the interior of a building.
Any building within the City of Springfield which is 75 years
old or older, as recorded by the Assessor, or any building which is
listed on, or is within a district listed on, the National Register
of Historic Places.
[Amended 12-5-2022]
A.
Within seven days of receiving a demolition application, the Building
Commissioner or his designee shall determine whether the building
to be demolished is a preferably preserved building. If the building
is determined to be a preferably preserved building or if the age
of the building is unknown, then the Building Commissioner shall forward
a copy of the application to the Commission. No demolition permit
shall issue for a preferably preserved building for nine months following
receipt of the application by the Commission.
B.
The Commission shall, within nine months of receiving the application, determine whether the building should be designated an historic district pursuant to Chapter 49 of the Revised Ordinances of the City of Springfield and Massachusetts General Laws Chapter 40C.
C.
If the Commission has not designated the building as an historic
district, within nine months of receiving the application, then the
Building Commissioner may issue the demolition permit.
D.
This chapter shall not apply to any building located in any area
of the City designated a "Casino Overlay District" pursuant to Section
8.5 of the Springfield Zoning Ordinance and for which the State Gaming
Commission has granted a license.
E.
The Commission shall notify the City Council and the Mayor of any
building listed individually on the State Register of Historic Places,
any building it determines to be a contributing part of a district
listed on the State Register of Historic Places, or any building it
determines to be individually eligible for listing on the National
Register of Historic Places.
[Added 1-9-2017]
F.
After acquiring title to a property, the City has the option to request a determination from the Commission on whether or not the property is subject to the provisions of this article based on Subsections 218-3B or E above. If no determination is made by the Commission within 45 days of receipt of the request, the subject property shall not be subject to the provisions of this article.
[Added 1-9-2017; amended 3-4-2019]
A.
The Commission may exempt any building from the provisions of this
chapter upon written request from the applicant. The request shall
include:
B.
An exemption from the provisions of this chapter shall require a
majority vote of the Commission.
C.
If the Commission fails to act on a request for exemption within
30 days of submission to the Commission, then the exemption is granted.
[Amended 1-9-2017]
D.
Nothing in this chapter shall be deemed to inhibit the Law Department's
ability to seek and enforce a court demolition order, provided the
Law Department and/or the Office of Housing provides the Historical
Commission notice upon filing a motion to demolish a building not
less than 60 days prior to demolition.
[Added 1-9-2017]
E.
Properties subject to eminent domain taking by the City shall be
exempt from the provisions of this article so long as it is disclosed
in writing to the Council within the order of taking that demolition
of the property will occur.
[Added 3-4-2019]
The Commission may adopt such rules and regulations as are necessary
to administer the terms of this chapter.
Nothing in this chapter shall be deemed to inhibit the Building
Commissioner's or Fire Commissioner's ability to demolish buildings
under MGL c. 48, MGL c. 143, §§ 6 through 9, and the
Massachusetts Building Code.
Nothing in this chapter shall be deemed to conflict with the
provisions of the Historic District Act, MGL Chapter 40C. If any of
the provisions of this chapter do so conflict, that act shall prevail.
In case any section, paragraph, or part of this chapter is,
for any reason, declared invalid or unconstitutional by any court,
every other section, paragraph, and part shall continue in full force
and effect.