§ 260-64
Demolition
- A. Standards for decision.
- (1) If the Commission is presented with an application for the removal, relocation, alteration or demolition of a structure, its accessories and/or a stone wall and finds that the approval of such an application would pose a significant threat or total loss to the Town, state or nation, it shall endeavor to work out with the owner an economically feasible plan for the preservation of the structure, accessories, and/or stone wall.
- (2) Applications for demolition shall require proof that the retention of the structure, accessory or stone wall would constitute a public safety hazard (as defined by the Rhode Island Building Code) which cannot be eliminated by any economic means available to the owner. If the Commission remains unconvinced that retention is a hazard, the Commission shall forward its rejection of the application for demolition to the Building Official.
Editor's Note: For the State Building Code, see R.I.G.L. § 23-27.3-100.1 et seq.
- B. External considerations. If any of the following conditions apply, the Commission may approve the application for a certificate:
- (1) Preservation of such structure, accessory or stone wall is a deterrent to a major improvement program which will significantly benefit the Town.
- (2) Preservation of such structure, accessory or stone wall would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing and able to preserve such structure.
- (3) Preservation of such structure, accessory or stone wall would not be in the best interest of the community as a whole.
- C. Alternatives to demolition and removal.
- (1) When considering an application to demolish or remove a structure, accessory or stone wall of historic, cultural, architectural or archaeological value, the Commission shall assist the owner in identifying and evaluating alternatives to demolition.
- (2) In addition to any other criteria, the Commission shall also consider whether there is a likelihood that some person or group of persons other than the current owner is willing to purchase, move and preserve such structure or accessory and whether the owner has made continuing, bona fide and reasonable efforts to sell the structure to any such purchaser.