Cumberland
Town of Cumberland Zoning Ordinance
§ 8-10

Special criteria for demolition

[Ord. No. 08-31, 10-7-2009]

In order to preserve the historic fabric of the Town, demolition of historic properties shall be discouraged. When reviewing an application for a certificate of appropriateness to demolish an historic structure or appurtenance, the HDC shall consider, in addition to the provisions of the adopted standards and guidelines, the listing of a structure in the National Register of Historic Places. In the case of an application for demolition of any structure, appurtenance or a portion of a structure listed on the National Register of Historic Places, the HDC shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure on its present site. The HDC shall issue a certificate of appropriateness only if the HDC finds that at least one of the following exists:

  • (a) Retention of such structure constitutes a hazard to public safety which hazard cannot be eliminated by economic means available to the owner, including sale of the structure on its present site to any purchaser willing to preserve such structure; or
  • (b) Preservation of such structure is a deterrent to a major improvement program which will be of substantial benefit to the community; or
  • (c) Preservation of such structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner including sale of the structure to any purchaser willing to preserve such structure; or
  • (d) Preservation of such structure would not be in the interest of the majority of the community.