HomeMy WebLinkAbout1988-05-23 88-241 ORDINANCEDate 5_b4-AS , Item No. 88-241
Item/Subject:Amending Chapter VII, Article 4, Section 11.2 of the
Ordinances of the City of Bangor -- Historic Preservation
Responsible Department: Legal
Commentary:
The purpose of this ordinance amendment is to delete the last
sentence of the demolition or removal provision of the Historic
Preservation Ordinance. The City Council previously enacted
Section 11.6 which provides are-type process by which a
landowner may obtain relief fromtherequirements of the
Ordinance when seeking a Certificate of Appropriateness. This
item should be referred to the Historic Preservation Commission
and to the Code 6 Ordinance Committee.
Manager's Commems:_"
- Ci(y Mavage<
Avodatalf Inlormation:0 _
Budget Approval: MA,
F1'na «Dire
Lead Approval: y
' [itY soli<itur '
Inooduced For
j FFairstseae
t Reatlin9 Page_ of
0 Referral
88-241
Introduced by Councilor Sullivan. May 23, 1988
CITY OF BANGOR
(TITLE) M.bhMtCra Amendrey Chapte vii Article 4 Section 11.2 of the
Ordinances of the City of Ba:gor -- Historic Preservation
Be it ordained by the City Council of the City of Beaver. as fd.'loma:
THAT Chapter VTI, Article 4, Section 11.2 of the ordinances is hereby
amended as follows, where words struck out are deleted and words underlined
are added:
11.2 Deaplitfon or Beroval. A historic landmark, or any building
or structure in a historic district, or any appurtenance thereto,
shall not be demolished or marred and a Certificate of
Appropriateness shall not he approved until either (a) In a
historic district such building or structure has been
identified by the Camission as incompatible with the historic
district in which it is located, or (b) the property owner can
detanstrate that it is incapable of earning an ecamarmic return
on its value in its present location as appraised by a
qualified real estate appraiser. If such a demonstration can
be made, issuance of a certificate for manoment or deamlition
shall be delayed for a period of 180 days. Such time period
shall ocwnenne hen an application for Certificate and the
Statement of Sale, as outlined below, have been filed with the
Commission. Notices shall be posted on the premises of the
building or structure proposed for demolition in a location
clearly visible frac the street. In addition,. notice shall be
published in a newspaper of general local circulation at least
three (3) times prior to demolition, the final notice of which
shall be not less than fifteen (15) days prior to the date of
the permit, and the first notice of which shall be published no
re than fifteen (15) days after the application for a permit,
todemolish, is filed. Prior to the insurance of such
Certificate for removal, the owners shall stipulate that the
proper notices as required had been posted, that the property
was properly offered for sale, that there has been no bona fide
offers mile, and that no contract for sale has been executed
with interested parties. The owner shall for the Period of
time set forth end at a price reasonably related to its face
market value, make a bona fide offer to sell such building or
structure, and the lad pertaining thereto, to any Person,
firm, corporation, government or agency thereof, or Political
subdivision or agency thereof, which gives reasonable assurance
that it is willing to preserve and restore the building or
structure and the land pertaining tisreto. Prior to making
such offer to sell, an owner shall first file a statement with
the Historic Preservation Cnmussien, identifying the property,
the offering price and the date the offer to sell shall begin.
"a time period set forth in this Section shall not museum
until such statement has been filed. The purpose of this
Section is to further the Purples of this Ordinance by
preserving historic buildings which are inportant to the
education, culture, traditions, and the econan c value of the
City, and to afford the City, interested persons, historical
societies ororganisations the opportunities to acquire or to
arrange forme Preservation of such buildings. �M'ee-2am3saiwr
msya! emy-time-davYig-xMt steraPPrwe-e CexlttieeleoF
AppraP�fatenesY }n-Arieh�ven[ s pemnY ahaH-bc-Essea? witlrnrt-
fareher-aexay.-
STAIFA@II' OF PACT: Horently enacted Portion 11.6 provides a means for
relaxing the standards and requirements of Section 11. Section 11.6
Provides specific standards for evaluating a request to vary the review
standards. The provision of Section 11.2 which this Council Ordinancesecks
to eliminate seems to provide an arbitrary procedure for varying such
standards.
88-241
ORDINANCE
In CITY COUNCIL
( TITLE) AmelWing Chapter VII. Article 4,
may, 23, 1988
Referred to Historic Preservation
Section 11.2 of the Ordinances of
MY
Commission and Code 6 Ordinance
20 A 7.'j4
Committee - Tat reading
the City of Bangor - Historic Preservation
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pCi10F BANPOR
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TRfr�xtll Oy/bifiieedp, G//%��
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IN CITY COUNCIL
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June 13, 1988
CpIM 11man
Passed by the following yes and
no votes. Councilorsvoting yes
B�lanohette, England, Frankel,
Stayer, Shubert, Sullivan and Tilley
Can lox sheenr Saxl
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ITY ULESK