What is a Demolition Delay Ordinance?
I have a reoccurring anxiety dream: not showing up appropriately dressed at a wedding or company party. I also dream of my neighborhood being wiped out and new MacMansions being built all around me.
Before you buy in a town you may want to know if historically or architecturally relevant buildings are protected.
A simple way to do so is by Googling “Demolition delay ordinance,” followed by the name of the municipalities in which you are interested in buying a home. Your search will take you to the right article in the chosen city zoning bylaws, where you’ll be able to see the parameters that regulate demolition permits in regard to landmark, historic and significant buildings.
The demolition delay is a tool for cities’ historical commissions to temporarily stop the destruction of a significant building in an attempt to dissuade the owner from destroying it and instead selling it to someone who is interested in preserving it. Or to buy enough time to register an important structure as a single building district or as a landmark National Register of Historic Places. Once that is done the building can no longer be destroyed.
Demolition delay durations vary from town to town and so does the age of buildings which are subjected to scrutiny before a building permit is issued. Usually, the longer the demolition delay, the more the town cares about historical preservation.
In Amherst and Northampton historical commissions can impose up to a one-year delay. Some municipalities go up to 18 months. In Holyoke the delay is only six months, and unfortunately this city has seen brutal destruction of significant historic buildings in the past 10 years.
As far as the age of a building and criteria which stop a city building inspector from immediately issuing a demolition permit: again, the younger the building the better the city is at preservation.
Amherst requires every building over 50 years old to go under historical commission scrutiny, but also any building that “has character, interest or value as part of the development, heritage or cultural characteristics of the town of Amherst, the Commonwealth of Massachusetts or the nation” (article 13.1400 of the city of Amherst city bylaws).
Also, if it “contains elements of architectural design, detail, materials or craftsmanship which represents a significant innovation” (article 13.14113 of the city of Amherst city bylaws).
You can read all the restrictions on city websites. It’s an easy way to detect the soul and values of a community regarding its architectural heritage.
For Holyoke, the age is 100 years. This is problematic because this city features fabulous mid-century modern homes, 1930 to 1950, that at this moment could be demolished from one day to the next.
Northampton, on the other hand, has supervision in place for “buildings or structures built in 1945 or earlier.”