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HomeMy WebLinkAbout2017-10-11 17-361 ORDINANCETitle, Ordinance
17-361 10/11/2017
CITY COUNCIL ACTION
Council Meeting Date: October 11, 2017
Item No: 17-361
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 71, Bangor Center Revitalization Area, of the Code of the City of Bangor, By Clarifying the
Number of Votes Required for Project Approval
Summary
This ordinance would clarify that three votes are required to pass a project seeking design review approval
from the Historic Preservation Committee.
The Bangor Center Revitalization Area (BCRA) covers much of the downtown area. Owners of buildings in this
area must seek design review approval from the Historic Preservation Commission before they can make
certain changes to their buildings' facades.
When a project comes before the Commission under the historic preservation ordinance, the project must
receive four affirmative votes (out of five) to pass. The BCRA design review process, however, is silent as to
how many votes are required. Review of the Commission's 1979 bylaws (presently in the process of being
revised) finds that, for votes other than historic preservation, three votes are generally required. As a result,
at present, three votes are required for design review approval.
This ordinance would enshrine the three -vote requirement in our BCRA design review ordinance. Staff and
members of the HPC both consider the four -vote supermajority to be appropriate in the realm of historic
preservation, but support a three -vote majority for design review. Changes to historic buildings will still be
separately reviewed under the Historic Preservation ordinance.
Committee Action
Committee: Business and Economic Development
Action:
Staff Comments & Approvals
Meeting Date: October 17, 2017
For:
Against:
This ordinance amendment will go back to the Historic Preservation Commission on October 19 for an official
recommendation.
IV`
City Manager
Introduced for: First Reading and Referral
Z,7�K
City Solicitor
Finance Director
CITY COUNCIL ORDINANCE
Date: October 11, 2017
Assigned to Councilor: Nealley
17-361 10/11/2017
ORDINANCE, Amending Chapter 71, Bangor Center Revitalization Area, of the Code of the City of Bangor, By
Clarifying the Number of Votes Required for Project Approval
WHEREAS, the Bangor Center Revitalization Area ordinance is silent as to the number of votes required to
approve a project;
WHEREAS, the City wishes to take into account the need to hold applicants to design review standards
without creating unnecessary barriers to work done in the Area;
WHEREAS, changes to historic buildings are separately reviewed under the City's Historic Preservation
ordinance; and
WHEREAS, a requirement of three affirmative votes is appropriate, providing a reasonable bar for projects to
meet while not restricting projects unnecessarily in the Area;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 71 of the Code of the City of Bangor be amended as follows:
§ 71-8. Permit Required.
C. No permit shall be issued for work with an estimated fair market value cost of $1,000 or more for
materials, supplies and/or labor until the proposed activity has been approved by the Revitalization Area
Design Review Committee (hereinafter "Design Committee") pursuant to this chapter. An affirmative vote
of three members of the Design Committee shall be required to approve the proposed activity. In
situations where a certificate of appropriateness is required from the Historical Preservation Commission,
no permit under this chapter shall be issued until said certificate of appropriateness has been issued by the
Commission. The issuance of such a certificate by the Commission shall be determinative of the
compatibility of the proposed design or plan with the architecture of the building.
Additions are underlined, deletions strue�k threugh.
IN CITY COUNCIL
OCTOBER 11, 2017
COr 17-361
FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC
DEVELOPMENN COMMITTEE MEETING OF OCTOBER 17, 2017
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CITY CLE
IN CITY COUNCIL
OCTOBER 23, 2017
COr 17-361
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS,
PERRY, SPRAGUE, WESTON, BALDACCI
COUNCILORS VOTING NO: NONE
PASSED
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CITY CLE