HomeMy WebLinkAbout2019-05-13 19-177 ORDINANCE19-177 05/13/2019
CITY COUNCIL ACTION
Council Meeting Date: May 13, 2019
Item No: 19-177
Responsible Dept: Planning
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Amending Chapter 148, Historic Preservation, to Clarify Language and Make Several Changes to the Regulation
of Historic Properties in Bangor
Summary
This amendment would make a number of changes to the Historic Preservation ordinance, primarily to clarify
the language in the ordinance and reorganize the subsections to follow a more logical flow. The intent of
these changes is to make the ordinance more easily understandable for applicants, staff, and commissioners.
This work was requested by several councilors last fall.
This amendment also includes a few substantive changes to how historic properties are regulated in Bangor.
Most notably, color has been removed from the purview of the Commission, as has the installation of public
art, and signs may now be approved via a staff review process. The amendment also includes an itemized list
of alterations that are exempt from review by the Historic Preservation Commission.
The Historic Preservation Commission met on April 11 and indicated that they were in favor of the amendment
as presented here.
Due to the number of individual edits, this amendment will replace Chapter 148 in its entirety.
Committee Action
Committee: Business and Economic Development
Action
Staff Comments & Approvals
Meeting Date: April 16, 2019
For:
Against:
City Manager City Solicitor Finance Director
Introduced for: First Reading and Referral
CITY COUNCIL ORDINANCE
Date: April 22, 2019
Assigned to Councilor: Tremble
19-177 05/13/2019
ORDINANCE, Amending Chapter 148, Historic Preservation, to Clarify Language and Make Several Changes
to the Regulation of Historic Properties in Bangor
WHEREAS, Chapter 148 currently contains numerous instances of unclear language related to the
enforcement activities of the Historic Preservation Commission; and
WHEREAS, Chapter 148 is organized in a somewhat unclear manner, which may contribute to confusion by
applicants, staff, and Commissioners; and
WHEREAS, this amendment attempts to rectify the above with numerous changes in language, including a
list of activities exempt from Historic Preservation Commission review; and
WHEREAS, this amendment also includes changes in the regulation of color, public art, and signs; and
WHEREAS, the Historic Preservation Commission, at its April 11 meeting, indicated its support for the
proposed amendment; and
WHEREAS, the proposed changes to the ordinance are too numerous to be done line -by-line;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 148, Historic Preservation, is replaced in its entirety by the attached Chapter 148.
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Chapter 148
HISTORIC PRESERVATION
§ 148-1. Statutory authority; purpose.
This chapter is adopted in accordance with the Charter of the City of Bangor and pursuant to the
legislative authority vested in the City by virtue of 30-A M.R.S.A. §§ 3001 and 3007 and acts amendatory
thereto for the purposes of preserving, protecting and enhancing buildings and places or areas within
the City which possess particular historic or architectural significance in order to promote the
educational, cultural and economic welfare of the residents and visitors to the City. To achieve these
purposes, it is intended that historic districts and related regulations be used to prevent inappropriate
alterations of buildings of historic or architectural value; to preserve the essential character of
neighborhoods; and to assure that new buildings or structures constructed in neighborhoods and
districts of historic or architectural value are designed and built in a manner which is compatible with
the character of the neighborhood or district.
§ 148-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION – Any act that changes a historic landmark, site, or building or structure in a historic
district, including but not limited to modifying, rebuilding, reconstructing, rehabilitating, relocating,
replacing, or restoring structures or their features. For the purpose of this definition, features shall
include siding materials, roofing materials, door and window sash, and other integral decorative
elements, such as, but not limited to, cornices, brackets, window architraves, doorway pediments,
railing, balusters, columns, cupolas, cresting and roof decorations.
COMPATIBLE – generally of comparable scale, height, proportion, massing, and other design
characteristics.
CONTRIBUTING - generally strengthening or reinforcing the qualities that give a historic district,
structure, or feature its cultural, historic, architectural or archeological significance.
HISTORIC DISTRICT — Any place or area which includes or encompasses such historic sites, historic
landmarks, buildings, signs, appurtenances, structures or objects as may be designated in accordance
with this chapter as appropriate for historical preservation.
HISTORIC LANDMARK — Any improvement, building or structure of particular historic or architectural
significance to the City relating to its heritage or cultural, social, economic or political history or which
exemplifies historic personages or important events in local, state or national history, as may be
designated in accordance with this chapter.
HISTORIC SITE — Any parcel of land of special significance in the history of the City and its inhabitants or
upon which an historic event has occurred and which has been designated as such in accordance with
this chapter. The term "historic site" shall also include any improved parcel, or part thereof, on which is
situated an historic landmark and any abutting improved parcel, or part thereof, used as and
constituting part of the premises on which the historic landmark is situated, as may be designated in
accordance with this chapter.
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MINOR ALTERATION OR REVISION – An alteration or revision to an existing Certificate of
Appropriateness which does not materially alter or affect the historical and/or architectural character of
a building or structure classified as a historic landmark, building or structure located in any historic
district, any part of such building or structure or any appurtenances related to such buildings or
structures.
PUBLIC ART – Art that is installed to be visible from a public space and which does not contain
characteristics of advertising, or identify or draw attention to a particular business, product, or service.
STAFF COORDINATOR — The Director of Community and Economic Development or his or her designee.
STRUCTURE — Anything constructed or erected with a fixed location on the ground, or attached to
something having a fixed location on the ground, including but not limited to mobile homes, buildings,
walls, billboards, piers and floats, fences, and retaining walls. For the purposes of this chapter, a sign as
defined in § 260-1 shall not be considered a structure.
§ 148-3. Qualifications.
The historic districts, historic sites or historic landmarks established in accordance with this chapter shall
have one or more of any combination of the following characteristics and qualifications, without
limitations as to cultural or chronological period:
A. Structures or sites at which events occur or have occurred that contribute to and are identified
with or significantly represent or exemplify the broad cultural, political, economic, military, social
or sociological history of Bangor and the nation, including sites and buildings at which visitors may
gain insight or see examples either of particular items or of larger patterns in the North American
heritage.
B. Structures or sites importantly associated with historic personages.
C. Structures or sites importantly associated with historic examples of a great idea or ideal.
D. Structures or structural remains and sites embodying examples of architectural types or specimens
valuable for study of a period, style or method of building construction, of community organization
and living or of landscaping or a single notable structure or a single site representing the work of a
master builder, master designer, architect or landscape architect.
E. Structures contributing to the visual continuity of the historic district.
F. Those sites or areas in or eligible for listing on the National Register of Historic Places or National
Historic Landmark.
§ 148-4. Process for establishment.
Historic district, historic sites or historic landmarks shall be established or amended by amendment
to § 148-5 of this chapter. All such amendments shall be initiated by the completion of a form directed
to the Chair of the Commission and filed with the Staff Coordinator. The Chair shall thereafter call a
meeting of the Commission for purposes of formulating the Commission's recommendation concerning
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the request. At the same time, the Staff Coordinator shall take all necessary action to place the
request on the agenda of the next regular meeting of the City Council, allowing a minimum of two
days for preparation of all necessary documents prior to the closing of any Council agenda. Pending
receipt of a report of the Commission's recommendations, the City Council shall take no further action
on the proposed amendment.
A. Studies and recommendations. Before making its recommendation concerning the proposed
establishment or amendment of a historic district, historic site or historic landmark, the
Commission may conduct studies and research on the proposal. The Commission will make a report
to the Council on every request received. Drafts of the report shall also be mailed to the Maine
Historic Preservation Commission for review and comment.
B. Public hearing and final report. Before a final report is made to the Council, the Historic
Preservation Commission shall hold a public hearing on the request, after due notice. Written
notice of the proposal shall be given to the applicant, owners of all property abutting or to be
included within the proposed designation and all other persons found by the Commission to have a
special interest in the proposal. After said public hearing, the Commission shall submit a final
report with its recommendations to the City Council.
C. Action by City Council. After receipt of the Commission's recommendations, as provided above, the
City Council shall consider and take all appropriate action on said proposed amendment in
accordance with the City Charter, the Council's rules of procedure adopted pursuant thereto and
the laws of the State of Maine. Within 10 days after the designation of any historic district, historic
site or historic landmark, the owner of each property so designated shall be given written notice of
such designation by the City Clerk.
§ 148-5. Historic districts, historic sites and historic landmarks designated.
The following described lands, buildings or structures or areas of the City are designated historic
districts, historic sites or historic landmarks, as follows:
A. Historic districts.
(1) Thomas Hill Historic District. An area of approximately 10 acres located on the westerly side of
Ohio Street and easterly of Highland Avenue, comprising the real estate commonly known as
the "Bangor Standpipe," the "Bangor Children's Home," "Summit Park," the "Bangor Bird
Sanctuary," the "Low -McEvoy House" and a vacant parcel adjacent to the Bangor Children's
Home property, said area being more particularly described on a plan entitled "Thomas Hill
Historic District" on file in the office of the City Clerk.
(2) Broadway Historic District. An area of approximately 20 acres, portions of which are listed on
the National Register of Historic Places, bounded generally on the north by South Park
Street, on the south by State Street and centered on Broadway, and more particularly
described on a plan entitled "Historic Districts - Broadway Historic District" on file in the office
of the City Clerk.
(3) High Street Historic District. An area generally bounded on the east by Hammond Street and
on the west by Union Street and centered on High Street, said area being more particularly
described on a plan entitled "Historic Districts - High Street Historic District" on file in the
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office of the City Clerk. The land and buildings located at 145 Union Street and more
specifically described on City Tax Map 42, Lot 103, shall be included in the High Street Historic
District, and the map entitled "Historic Districts - High Street Historic District" shall be
amended to include said parcel. The land and buildings located at 84-116 Hammond Street
and more specifically described on City Tax Map 42, Lot 89, shall also be included in the High
Street Historic District, and the map entitled "Historic District - High Street Historic District"
shall be amended to include said parcel
(4) Bangor Theological Seminary Historic District. An area generally bounded on the east by Union
Street, on the west by Hammond Street and on the north by Pond Street, said area being
described more particularly on a plan entitled "Historic District - Bangor Theological Seminary
Historic District" on file in the office of the City Clerk.
(5) Whitney Park Historic District. An area generally bounded by the properties on the northerly
side of West Broadway, on the east by Union Street, on the west by Hammond Street and on
the south by Pond Street, said area being described more particularly on a plan entitled
"Historic Districts - Whitney Park Historic District" on file in the office of the City Clerk.
(6) West Market Square Historic District. An area of approximately two acres to include the area
bounded on the north by Hammond Street, on the east by Kenduskeag Plaza, the south by
West Market Square, the southwest by West Market Square and the northwest by Main
Street; all properties abutting on the east side of Main Street from the intersection of Main
Street and West Market Square southwesterly approximately 450 feet along the east side of
Main Street, to include the properties designated as Parcels 134, 135, 136, 137, 138, 139, 140,
141, 142, 143, 144, 145 and 146 on City Assessor's Sheet 42; the property abutting on the
westerly side of West Market Square designated as Parcel 160 on City Assessor's Sheet 42;
and the property abutting on the west side of Merchants Plaza designated as Parcel 159 on
City Assessor's Sheet 42, said area being more particularly described on a plan entitled "West
Market Square Historic District" on file in the office of the City Clerk.
(7) Great Fire of 1911 Historic District. An area generally bounded on the east by Park Street
and French Street, on the north by the properties on the northeasterly side of Harlow Street,
on the west by the properties on the northwesterly side of Central Street and Franklin Street,
and on the south by the properties on the northerly side of State Street and the properties on
the northerly side of York Street, said area being described more particularly on a plan
entitled "Historic Districts - Great Fire of 1911 Historic District" on file in the office of the City
Clerk.
(8) State Street Historic District. An area encompassing the properties located at 241 State Street,
247 State Street and 20 Newbury Street, said area being more particularly described on a plan
entitled "State Street Historic District" on file in the office of the City Clerk.
(9) Main Street Historic District. The land and buildings specifically described on a plan entitled
"Main Street Historic District" on file in the office of the City Clerk. The Main Street Historic
District plan is hereby amended to include 72-80 Columbia Street (a.k.a. Thomas Hatch Block),
more specifically described on City of Bangor Tax Assessor's Map 42, Lot 117, as a part thereof
B. Historic sites. (Reserved)
C. Historic landmarks.
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(1) Bangor House. The land and buildings bounded generally on the north by Main Street, on the
west by May Street, on the south by Gallagher's Place and on the east by Union Street and
more particularly described on a plan entitled "Historic Landmarks - Bangor House" on file in
the office of the City Clerk.
(2) Wheelwright Block. The land and building located on the southerly side of Hammond Street
and more particularly described on a plan entitled "Historic Landmarks - Wheelwright Block"
on file in the office of the City Clerk.
(3) Adams Pickering Block. The land and building located at the northwesterly corner of Main and
Middle Streets, commonly known as "Sleeper's," and more particularly described on a plan
entitled "Historic Landmarks - Adams Pickering Block" on file in the office of the City Clerk.
(4) Samuel Farrar House. The land and buildings located at 123 Court Street, commonly known as
the "Pentecostal Assembly," and more particularly described on a plan entitled "Historic
Landmarks - Samuel Farrar House" on file in the office of the City Clerk.
(5) Godfrey Kellogg House. The land and buildings located at 212 Kenduskeag Avenue, commonly
known as "Cliff Cottage," and more particularly described on a plan entitled "Historic
Landmarks - Godfrey Kellogg House" on file in the office of the City Clerk.
(6) Morse and Company Office Building. The land and building located at 455 Harlow Street,
commonly known as the "Leighton Agency," and more particularly described on a plan
entitled "Historic Landmarks - Morse and Company Office Building" on file in the office of the
City Clerk.
(7) Zebulon Smith House. The land and buildings located at 55 Summer Street and more
particularly described on a plan entitled "Historic Landmarks - Zebulon Smith House" on file in
the office of the City Clerk.
(8) John Crosby House. The land and buildings located at 277 State Street, formerly known as the
"Home for Aged Women," currently known as "Cityside, Inc.," and more particularly described
on a plan entitled "Historic Landmarks - John Crosby House" on file in the office of the City
Clerk.
(9) Charles H. Pond House. The land and buildings located at 175 State Street and more
particularly described on a plan entitled "Historic Landmarks - Charles H. Pond House" on file
in the office of the City Clerk.
(10) Bangor Waterworks. The land and buildings located on the southerly side of State Street,
generally opposite from the intersection of Egery Street and State Street, said property being
more particularly described on a plan entitled "Historic Landmarks - Bangor Waterworks"
on file in the office of the City Clerk.
(11)Jones P. Veazie House. The land and buildings located at 88 Fountain Street and more
particularly described on a plan entitled "Historic Landmarks -Jones P. Veazie House" on file in
the office of the City Clerk.
(12) Maplewood. The land and buildings located at 8 Montgomery Street and more particularly
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described on a plan entitled "Historic Landmarks - Maplewood" on file in the office of the City
Clerk.
(13)Jonathan Eddy House. The land and buildings located at 181 State Street and more particularly
described on a plan entitled "Historic Landmarks - Jonathan Eddy House" on file in the office
of the City Clerk.
(14)William A. Mills Double House. The land and buildings located at 35-37 Fifth Street and
more specifically described on a plan entitled "Historic Landmarks - William A. Mills Double
House" on file in the office of the City Clerk.
(15)George L. Phillips House. The land and buildings located at 96 Ohio Street and more
specifically described on a plan entitled "Historic Landmarks - George L. Phillips House" on file
in the office of the City Clerk.
(16)Thomas O'Leary House. The land and buildings located at 423 Hancock Street and more
particularly described on a plan entitled "Historic Landmarks - Thomas O'Leary House" on file
in the office of the City Clerk.
(17) Doctor William Gallup House. The land and buildings located at 265 Hammond Street and
more particularly described on a plan entitled "Historic Landmarks - Dr. William Gallup House"
on file in the office of the City Clerk.
(18) Nathaniel Collamore House. The land and buildings located at 124 Ohio Street and more
particularly described on a plan entitled "Historic Landmarks - Nathaniel Collamore House" on
file in the office of the City Clerk.
(19)Grata M. Moore House. The land and buildings located at 69 Highland Avenue and more
particularly described on a plan entitled "Historic Landmarks - Grata M. Moore House" on file
in the office of the City Clerk.
(20) David Fuller House. The land and buildings located at 98 Cumberland Street and more
particularly described on a plan entitled "Historic Landmarks - David Fuller House" on file in
the office of the City Clerk.
(21)St. John's Catholic Church. The land and buildings located at 207 York Street and more
particularly described on a plan entitled "Historic Landmarks - St. John's Catholic Church" on
file in the office of the City Clerk.
(22)George K. Stetson House. The land and building located at 208 French Street and more
particularly described on a plan entitled "Historic Landmarks - George K. Stetson House" on
file in the office of the City Clerk.
(23) Ellen R. Doe Kellogg House. The land and buildings located at 45 First Street and more
particularly described on a plan entitled "Historic Landmarks - Ellen R. Doe Kellogg House" on
file in the office of the City Clerk.
(24) East Bangor Church. The land and buildings located at 401 Pushaw Road and more specifically
described on City of Bangor Assessor's Map R-30, Parcel 5.
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(25) Bangor Fire Department Station No. 6. The land and buildings located at 294 Center Street and
more specifically described on City of Bangor Assessor's Map 38, Parcel 94.
(26)Charles G. Bryant Double House. The land and buildings located at 16 and 18 Division Street
and more specifically described on City of Bangor Assessor's Map 39, Parcel 147.
(27)Comfort C. Farrington - General Joseph S. Smith House. The land and buildings located at 241
State Street and more specifically described on a plan entitled "Comfort C. Farrington -
General Joseph S. Smith House" on file in the office of the City Clerk.
(28) Edward Sargent - Amos M. Roberts House. The land and buildings located at 178 State Street
and more specifically described on a plan entitled "Edward Sargent - Amos M. Roberts House"
on file in the office of the City Clerk.
(29) Benjamin H. Mace House. The land and building located at 489 State Street and more
specifically described on a plan entitled "Benjamin H. Mace House" on file in the office of the
City Clerk.
(30)Charles W. Jenkins House. The land and buildings located at 63V Pine Street and more
specifically described on a plan entitled "Charles W. Jenkins House" on file in the office of the
City Clerk
(31)Webster Treat - Norris E. Bragg House. The land and buildings located at 89 Third Street and
specifically described on a plan entitled "Webster Treat - Norris E. Bragg House" on file in the
office of the City Clerk.
(32)Wardwell-Trickey-Carleton Double House. The land and building located at 97-99 Ohio Street
specifically described on a plan entitled "Wardwell -Trickey -Carleton Double House" on file in
the office of the City Clerk.
(33) Nathaniel Burleigh - Haven Sawyer House. A two -acre parcel and the buildings thereon located
at 840 Broadway, more specifically described by the site plan on file with the City Clerk.
(34) Elmar T. Boyd House. The land and buildings located at 251 French Street, City of Bangor Tax
Assessor's Map 48, Lot 140.
(35)The Carr -Wing House. The land and buildings located at 412 State Street, City of Bangor Tax
Assessor's Map 54, Lot 224.
(36)The William Augustus Blake House. The land and buildings located at 107 Court Street, City of
Bangor Tax Assessor's Map 32, Lot 180.
§ 148-6. Historic Preservation Commission.
A. Members of the Historic Preservation Commission shall be appointed by the City Council, which
shall make such appropriations each year as may be necessary to fund the activities of the
Commission.
B. The membership of such Commission shall consist of five members who shall be residents of the
City of Bangor. Appointments shall be made on the basis of demonstrated interest, ability,
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experience and desire to promote historic preservation in the City of Bangor within the meaning of
§ 148-1 of this chapter. In addition, the Commission may appoint other persons, not necessarily
residents of the City of Bangor, who shall serve on an advisory consultant basis to assist the
members of the Commission in the performance of their functions.
C. All appointments of members shall be for a term of three years, except in those instances in which
the appointment is made to fill a vacancy in an unexpired term, in which case the appointment
shall be for the remainder of the unexpired term. In addition, there shall be two associate
members appointed by the City Council for terms of three years or until their successors are duly
appointed and qualified. The Chair of the Commission shall designate which shall vote in the stead
of an absent member. Members and associate members of the Commission shall be residents of
the City of Bangor and shall serve without compensation. The City Council shall act within 60 days
to fill a vacancy in an unexpired term. No member shall serve more than two complete consecutive
terms.
D. Such Commission shall elect annually a Chair and Vice Chair from among its own membership. All
records of the Commission are deemed public and may be inspected at reasonable times.
E. Said Commission, for its purposes, shall adopt and may from time to time amend rules and
regulations not inconsistent with the intention of this chapter and of the state enabling legislation.
F. All members shall attend an annual orientation meeting.
G. The Commission shall meet at least quarterly and shall, each year, prepare and submit to the City
Council an annual report.
H. The Historic Preservation Commission may, subject to appropriations or other income, employ
clerical and technical assistants or consultants and may accept grants, money gifts or gifts of
service and may hold or expend the same for all or any of the purposes of historic preservation in
the City of Bangor. The Commission shall advise and assist owners of designated structures of
historic sites with plans and assistance in complying with the requirements of this chapter to the
extent possible under the funding available to the Commission, in an effort to further the
accomplishment of this chapter. The Commission may erect a suitable sign or marker indicating the
significance of any designated site, landmark or district with income available to the Commission
or with appropriations for that purpose, subject to obtaining written permission from the owners
of the property upon which the sign or marker is to be erected.
In addition to the other duties and responsibilities imposed by this chapter and by law, the
Commission shall:
(1) Review all new construction within its jurisdiction to determine if locally listed prehistoric or
historic archaeological sites will be affected.
(2) Review all proposed National Register nominations for properties within its jurisdiction.
(3) Conduct or cause to be conducted a continuing survey of cultural resources in the community
according to the guidelines established by the Maine Historic Preservation Commission.
(4) Act in an advisory role to other officials and departments of the City regarding the protection
of local cultural resources.
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(5) Act as a liaison on behalf of the City to individuals and organizations concerned with historic
preservation.
(6) Work toward the continuing education of citizens within the Commission's jurisdiction
regarding preservation issues and concerns.
§ 148-7. Uses permitted.
Uses permitted in historic districts, historic sites or historic landmarks shall be those set forth in the
provisions of Chapter 165, Land Development, of the Code of the City of Bangor for the zone in which
such district, site or landmark is located.
§ 148-8. Approvals required.
The Historic Preservation Commission shall protect historic landmarks, historic sites and historic districts
by the issuance of Certificates of Appropriateness, approvals of Minor Alteration or Revision, and Staff
Approvals.
A. Certificate of Appropriateness.
(1) When required. A Certificate of Appropriateness issued by the Commission shall be
required only for one of the following:
(a) Alteration of the exterior appearance of a historic landmark, a historic site, or any
building in a historic district, except as otherwise provided in §148-8.B through D.
(b) New construction of a principal or accessory building or structure visible from a public
street where such building or structure will be located in a historic district.
(c) Demolition of as a historic landmark or of any building in a historic district.
(d) Moving of as a historic landmark or any building in a historic district.
(2) Application contents. The application shall contain the following information and
documentation:
(a) For all applications:
[1] General information, consisting of the applicant's name and address and
interest in the subject property, the owner's name and address, if different from
the applicant's, the map and lot and address or location of the subject property,
and the present use and zoning classification of the subject property.
[2] A brief description of the construction, reconstruction, remodeling, alteration,
maintenance, demolition or moving requiring the issuance of a Certificate of
Appropriateness.
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[3] Plans and exterior elevation drawings to scale and with sufficient detail to show
all proposed alterations, and their relation to the exterior appearance and
architectural design of the building.
[4] A description of the materials which will be used, including information on
finishes. If available, detailed cut sheets from the manufacturer shall be
included. Material samples may also be requested.
[5] Photographs of the building involved and of adjacent buildings, marked to
indicate the location of the proposed alteration. Additionally, a photograph of
the entire facade for each side of the building that is being altered is required.
[6] Any other information and documentation the Planning Division or Code
Enforcement Division considers necessary.
(b) Additional requirements for certain applications.
[1] Replacement of facade, roofing, doors, windows, and other site or building
appurtenances, including fencing, bollards, railings, gutters, lighting,
mechanicals, or similar:
a. methods of attachment or installation
[2] Installation of or alteration to site improvements and structures:
a. a site plan indicating improvements affecting appearance, such as walls,
walks, terraces, accessory buildings, fences, signs and other elements.
[3] Construction of new buildings or additions:
a. Architectural plans drawn to scale.
b. A site plan showing the building in relation to property lines and adjacent
buildings.
C. If the project is an alteration to existing exterior features, then the
applicant must submit a site plan which includes the buildings and exterior
features as they now exist, adjacent buildings, and proposed alterations.
(3) Process.
(a) Staff review. An application for a Certificate of Appropriateness may be
obtained from, and shall be submitted to, the Staff Coordinator. The format
and number of copies of the application submitted shall be as set by the Staff
Coordinator. Within seven calendar days of the application being submitted, the
applicant shall be informed whether the application is complete for filing, in that
it meets the requirements of § 148-8(A)(2), that the fee required under § 109-1
has been paid, and that the Code Enforcement Officer or his or her designee has
determined that the ehaRges alterations proposed in the application meet
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applicable codes. If the application is not determined to be complete, the
application will be held until all deficiencies have been corrected by the
applicant.
(b) Commission action. Once an application is determined to be complete, the
Planning Division shall place the application on a Historic Preservation
Commission agenda for action. The Commission shall consider each application
and reach a decision thereon within 45 days of the date the application was
determined to be complete, or the application shall be deemed denied. Upon
mutual agreement by the Planning Division or Commission and the applicant,
said period may be extended for an additional 45 days. After the Commission
has acted on the application, the Code Enforcement Officer shall issue or deny
permits as appropriate.
(c) Notice. If a public hearing is to be conducted on any application for a Certificate
of Appropriateness, the Planning Division shall take such action as may be
reasonably required to inform, by United States mail, the applicant, all persons
owning property abutting and/or within 100 feet of the exterior boundaries of
the real estate under consideration and all such other persons as the
Commission may deem appropriate and shall give such persons an opportunity
to be heard. For purposes of the notice required hereunder, the owners of
property shall be considered to be those against whom taxes were assessed on
the prior April 1. Failure of any person owning property within said 100 feet to
receive notices provided herein shall not necessitate another hearing or
invalidate any action by the Commission. All meetings of the Commission shall
be publicly announced, open to the public and have a previously available
agenda. Public notice shall be provided prior to any special meetings of the
Commission.
(d) Hearing. Prior to issuance or denial of a Certificate of Appropriateness required
under § 148-8(A), the Commission shall conduct a public hearing on the
application.
(e) Approval. An affirmative vote of four members shall be required to issue a
Certificate of Appropriateness. If the Commission determines that the proposed
alteration, construction, moving, or demolition is appropriate by a vote of four
members, it shall direct the Planning Division to issue a Certificate of
Appropriateness. The Planning Division shall forward copies of the Certificate to
the applicant and to the Code Enforcement Officer for issuing of necessary
permits.
[1] If approved, the proposed construction, reconstruction, alteration, moving
or demolition must be begun within six months of approval and completed
within 12 months of approval, unless the Commission sets other time
limits. An extension or extensions of up to one year in total length may be
granted as a Minor Alteration or Revision under § 148-8(B).
[2] After completion of the project, or after 12 months from the issuance of a
Certificate of Appropriateness, the property owner shall allow staff to
access exterior areas of the property as reasonably necessary in order to
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perform an inspection to verify work was done in accordance with the
Commission's approval.
(f) Disapproval. If the Commission determines that a Certificate of Appropriateness
should not be issued, it shall place upon its record the reasons for such
determination and shall forthwith return the application to the Planning
Division, who shall notify the applicant of such determination, furnishing him or
her with an attested copy of the reasons therefor and the recommendation, if
any, as appearing in the records of the Commission.
B. Minor Alteration or Revision.
(1) When Required. Approval of Minor Alteration or Revision is required when:
(a) The proposed alteration satisfies the definition of Minor Alteration or Revision provided
in § 148-2.
(b) The proposed activity is not eligible for Staff Approval, as described in § 148-8(C).
(c) The proposed work is not included on the list of exempt activities in § 148-8(D).
(2) Application Contents. The applicant shall submit _an application to the Staff Coordinator
setting forth the proposed alteration in sufficient an
to permit adequate review of the
same, along with the fee required under § 109-1. The format and number of copies of the
application submitted shall be as set by the Staff Coordinator.
(a) Minimum requirements for all applications:
[1] General information, consisting of the applicant's name and address and interest in
the subject property, and the owner's name and address, if different from the
applicant's.
[2] A brief description of the proposed alteration.
[3] A description of the materials which will be used, including information on finishes.
If available, detailed cut sheets from the manufacturer shall be included. Material
samples may also be requested.
[4] Photographs of the building involved and of adjacent buildings, marked to indicate
the location of the proposed alteration. Additionally, a photograph of the entire
facade for each side of the building that is being altered is required_
[5] As appropriate, plans and exterior elevation drawings, to scale and with sufficient
detail to show all proposed alterations and their relation to the exterior
appearance and architectural design of the building
[6] As appropriate, a site plan which includes the buildings and exterior features as
they now exist, adjacent buildings, and proposed alterations.
[7] Any other information and documentation the Planning Division or Code
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Enforcement Division considers necessary.
(3) Process. Minor Alterations or Revisions, as defined herein, may be permitted by the Code
Enforcement Officer or their designee, Planning Officer or their designee, and Chair of the
Historic Preservation Commission or their designee without referral for review at a meeting of
the Historic Preservation Commission. If the Commission Chair is absent, the Vice Chair, or, in
both their absences, the senior member of the Commission in time of service may participate
in their place.
(a) Staff Review. An application for a Minor Alteration or Revision may be obtained from,
and shall be submitted to, the Staff Coordinator. The format and number of copies of
the application submitted shall be as set by the Staff Coordinator. Within seven
calendar days of the application being submitted, the applicant shall be informed
whether the application is complete for review, in that it meets the requirements of §
148-8(B)(2), that the fee required under § 109-1 has been paid, and that the Code
Enforcement Officer or his or her designee has determined that the work proposed in
the application meet applicable codes. If the application is not determined to be
complete, the application will be held until all deficiencies have been corrected by the
applicant.
(b) Determination. In determining whether or not proposed work constitutes a Minor
Alteration or Revision, the Code Enforcement Officer, Planning Officer and the
Commission Chair (or their designees) shall apply the evaluation standards set forth in §
148-9. If the application for Minor Alteration or Revision is not approved or denied
within 45 days of it having been submitted to the Staff Coordinator, then it is deemed
denied.
(c) Approval. If the Code Enforcement Officer, Planning Officer and Commission Chair (or
their designees) each determine that the proposed alteration is minor in scope and
meets the evaluation standards of this chapter, approval of Minor Alteration or Revision
shall be granted. The Staff Coordinator shall forward copies of the approval to the
applicant and to the Code Enforcement Officer for issuing of necessary permits.
[1] If approved, the proposed work must be begun within six months of approval and
completed within 12 months of approval.
[2] After completion of the project, or after 12 months from the approval, the
property owner shall allow staff to access exterior areas of the property as
reasonably necessary in order to perform an inspection to verify work was done in
accordance with the approval.
(d) Disapproval. If any one of the Code Enforcement Officer, Planning Officer and
Commission Chair (or their designee), determine that the proposed alteration is
either not minor in scope, or not appropriate, or both, the application for Minor
Alteration or Revision shall not be approved.
[1] If disapproved, the applicant may submit an application for Certificate of
Appropriateness for consideration at a meeting of the Historic Preservation
Commission, along with the fee required under § 109-1 for application for
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Certificate of Appropriateness.
C. Staff Approval
(1) When Required. Staff Approval is required for:
(a) Installation or alteration to any sign located on the premises of a historic landmark or
historic site, or inside a historic district.
(2) Application Contents.
(a) For applications involving signs:
[1] General information, consisting of the applicant's name and address and his
interest in the subject property, and the owner's name and address, if different
from the applicant's.
[2] A scale drawing of the sign.
[3] A depiction or sample of the means of sign installation, including attachment or
mounting to a building.
[4] Materials, colors, lettering, and finishes.
[5] Any other information and documentation the Planning Division or Code
Enforcement Division considers necessary.
(3) Process.
(a) Staff Review. The applicant shall submit an application to the Staff Coordinator in
sufficient detail to permit adequate review of the sign, along with the fee required
under §109-1. The format and number of copies of the application submitted shall be as
set by the Staff Coordinator. If the application for a sign is not approved or denied
within 45 days of it having been submitted to the Staff Coordinator, then it is deemed
denied.
(b) Determination. In determining whether or not proposed work receives Staff Approval,
The Code Enforcement Officer or their designee, and the Planning Officer or their
designee shall apply the evaluation standards set forth in § 148-9. Additionally, all signs
must comply with the regulations contained in Chapter 260, Signs.
(c) Approval. If the Code Enforcement Officer or their designee and the Planning Officer or
their designee each determine that the proposed work does not significantly impact the
historic nature or appearance of the property in question, the application shall be
approved. The Staff Coordinator shall forward copies of the approved application to the
applicant and to the Code Enforcement Officer for issuing of necessary permits.
[1] If approved, the proposed work must be begun within six months of approval and
completed within 12 months of approval.
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[2] After completion of the project, or after 12 months from approval, the
property owner shall allow staff to access exterior areas of the property as
reasonably necessary in order to perform an inspection to verify work was
done in accordance with the approval.
(d) Disapproval. If the Code Enforcement Officer, or their designee, or the Planning
Officer, or their designee, determine that the proposed alteration is either not
minor in scope, or not appropriate, or both, the application for Staff Approval shall
not be approved.
[1] If disapproved, the applicant may submit an application for either Minor
Alteration or Revision or Certificate of Appropriateness for consideration at a
meeting of the Historic Preservation Commission, along with the fee required
under § 109-1 for application for Certificate of Appropriateness.
D. Exempt Activities. The following activities are specifically exempt from requiring approval for
Certificate of Appropriateness, Minor Alteration or Revision, or Staff Approval under this
section:
(1) Interior alterations, except former exterior facades.
(2) Maintenance, as described in § 148-10.
(3) Planting, pruning, or removal of plants, trees, or shrubs.
(4) Addition of new accessory buildings under 200 square feet.
(5) Temporary buildings, structures, or appurtenances, provided they are not in place for more
than 90 days in a 12 -month period.
(6) Alteration to or addition of mailboxes, flower boxes, flags, or other similar minor decorative
features.
(7) Change in paint color.
(8) Alteration or replacement of existing non -historic gutters, downspouts, storm windows,
conduit, venting, or other non -original features which are required for the operation and
physical health of the building and do not significantly alter the building or compromise
historic features or character -defining elements on the structure.
(9) Public Art, when installed on public property.
(10) Public Art, when installed on private property, provided:
(a) The art feature and its means of installation will not cause damage to any historic site,
landmark, structure or property.
(b) The art feature and its means of attachment do not obscure or visually degrade
important character -defining features of a historic site, landmark, or building or structure
in a historic district.
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(c) The art feature is in accordance with all other relevant City codes and policies.
E. Approval precedent to other permits.
(1) In any historic district and with respect to any historic site or historic landmark, no land
development permit, building permit, or sign permit shall be issued by the City for any
construction, alteration or demolition until a corresponding approval has been issued under
this chapter.
§ 148-9. Evaluation standards.
The standards and requirements contained in this section shall be used in review of applications for
Certificates of Appropriateness, Minor Alterations or Revisions, and Staff Approvals.
A. In General. A building or structure classified as a historic landmark or a building or structure located
in a historic district, or any part thereof, or any appurtenance related to such structures, including
but not limited to walls, fences, light fixtures, steps, paving and signs, shall not be altered,
constructed, moved, or demolished, and no Certificate of Appropriateness shall be issued for such
actions, unless they will preserve or enhance its historical and architectural character.
B. Standards for renovations, alterations and repairs of existing buildings, structures and
appurtenances thereof.
(1) In determining compliance with these standards, the Commission shall be guided, although
not bound, by the Guidelines for Applying the Secretary of the Interior's Standards for
Rehabilitation and the Secretary of the Interior's Standards for the Treatment of Historic
Properties, copies of which are on file in the Code Enforcement Office in City Hall.
(2) Within historic districts, historic sites and historic landmarks, the Commission shall use the
standards listed below in the evaluation of an application for a Certificate of
Appropriateness for all renovations, alterations and repairs of existing buildings, structures
and appurtenances thereof:
(a) Every reasonable effort shall be made to provide a compatible use which will require
minimum alteration to the structure and its environment.
(b) Rehabilitation work shall not destroy the distinguishing qualities nor character of the
structure and its environment. The removal or alteration of any historic material or
architectural features shall be avoided wherever possible.
(c) Deteriorated architectural features should be repaired rather than replaced, wherever
possible. In the event that replacement is necessary, the new material should match the
material being replaced in composition, design, texture and finish. Repair or replacement
of missing architectural features should be based on physical or pictorial evidence rather
than on conjectural designs or the availability of different architectural features from
other buildings.
(d) Distinctive stylistic features or examples of skilled craftsmanship which characterize
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historic structures shall not be damaged or destroyed, wherever possible.
(e) Changes which may have taken place in the course of time are evidence of the history
and development of the structure and its environment, and those changes which have
acquired historic significance in their own right shall be retained and preserved wherever
possible.
(f) All structures shall be recognized as products of their own time. Alterations to a historic
building to create an earlier appearance shall not be undertaken, except when qualifying
as restoration under the Secretary of the Interior's Standards for Restoration.
(g) Contemporary design for additions to existing structures shall only be approved if such
design is compatible with the size, scale, material and character of the neighborhood,
structures or its environment.
(h) Mechanical equipment such as heat pumps, solar panels, communication devices, HVAC
units, or similar shall be located in such a way as to minimize its visual impact. Said
equipment shall be screened, if possible, with vegetation or suitable elements of a
permanent nature, finished to blend with the rest of the building. Where such screening
is not feasible, equipment shall be installed in a neat, presentable manner and, if
possible, shall be painted to minimize its visibility.
(i) Wherever possible, all alterations to structures shall be done in such a manner that if
they were to be removed in the future the essential form and integrity of the original
structure would be unimpaired.
C. Construction of new buildings and structures in historic district, and all appurtenances thereto.
1. The construction of a new building or structure within an historic district shall be generally of
such design, form, proportion, mass, configuration, building material, texture, and location on
a lot as will be compatible with other buildings in the historic district and with adjacent streets
and open spaces and in keeping with the area.
2. All new construction and all new additions to a historic landmark or any building or structure
in an historic district shall be compatible with the surrounding historic district and building or
structure which it is altering, in terms of the following factors:
(a) Building height.
(b) Proportion of the width of the building to the height of the front elevation.
(c) Proportion of the width of the windows to the height of windows and doors.
(d) Rhythm and relationship of solids to voids in the front facade of a building.
(e) Rhythm and relationship of the building to the open space between it and adjoining
buildings.
(f) Rhythm and relationship of entrances and porch projections to sidewalks and streets.
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(g) Materials and textures of the facade of a building.
(h) Roof shapes.
(i) Scale of the building, specifically the size of the building and the mass of the building in
relation to open spaces, windows, door openings, porches and balconies.
(j) Directional expression of front elevation, such as vertical or horizontal.
3. Mechanical equipment such as heat pumps, solar panels, communication devices, HVAC units,
or similar shall be located in such a way as to minimize its visual impact. Said equipment shall
be screened, if possible, with vegetation or suitable elements of a permanent nature, finished to
blend with the rest of the building. Where such screening is not feasible, equipment shall be
installed in a neat, presentable manner and, if possible, shall be painted to minimize its visibility.
4. All new construction or additions on a historic landmark or any building or structure in an
historic district shall be done in such a manner that if they were to be removed in the future the
essential form and integrity of the original structure would be unimpaired.
D. Demolition or removal.
(1) A historic landmark or any building or structure in a historic district, or any appurtenance
thereto, shall not be demolished or moved and a Certificate of Appropriateness shall not be
approved until either:
a. In a historic district, such building or structure has been identified by the Commission
as not contributing to the historic district in which it is located; or
b. The property owner can demonstrate that it is incapable of earning an economic return
on its value in its present location as appraised by a qualified real estate appraiser.
(2) If such a demonstration can be made, issuance of a Certificate for movement or demolition shall
be delayed for a period of 180 days. Such time period shall commence when an application for
Certificate and the statement of sale, as outlined below, have been filed with the Commission.
(3) Notices shall be posted on the premises of the building or structure proposed for demolition in a
location clearly visible from the street. In addition, notice shall be published in a newspaper of
general local circulation at least three times prior to demolition, the final notice of which shall
be not less than 15 days prior to the date of the permit, and the first notice of which shall be
published no more than 15 days after the application for a permit to demolish is filed. Prior to
the issuance of such Certificate for removal, the owners shall stipulate that the proper notices as
required have been posted, that the property was properly offered for sale, that there have
been no bona fide offers made and that no contract for sale has been executed with interested
parties.
(4) The owner shall, for the period of time set forth and at a price reasonably related to its face
market value, make a bona fide offer to sell such building or structure and the land 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
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building or structure and the land pertaining thereto. Prior to making such offer to sell, an
owner shall first file a statement with the Historic Preservation Commission identifying the
property, the offering price and the date the offer to sell shall begin. The time period set forth in
this Subsection B shall not commence until such statement has been filed.
E. Exceptional circumstances.
(1) The Commission may issue a Certificate of Appropriateness where the standards otherwise set
forth in this section are not met but where the Commission determines that failure to issue the
Certificate would result in undue hardship to the owner of the property. Before the Commission
may issue a Certificate under this subsection, the records must show the following:
(a) The property cannot yield a reasonable economic return or the owner cannot make any
reasonable use of the property;
(b) The plight of the owner is due to exceptional or unique circumstances and not to the
general applicability of this chapter; and
(c) The conditions or circumstances which constitute the hardship were not caused or
created by the property owner after an amendment to § 148-5 of this chapter by which
the property became subject to this chapter.
(2) For purposes of Subsection E(1), "reasonable economic return" shall not be construed to mean a
maximum return, and "any reasonable use" shall not be construed to mean the highest and best
use.
§ 148-10. Maintenance.
A. Ordinary maintenance permitted; public safety.
(1) Ordinary maintenance permitted. Nothing in this chapter shall be construed to prevent the
ordinary maintenance or repair of any exterior feature in an historic district or of any historic
landmark which does not involve a change in the design, material or outer appearance
thereof.
(2) Safety. Nothing in this chapter shall prevent the construction, reconstruction, alteration,
restoration or demolition of any feature which the Code Enforcement Officer shall certify is
required by the public safety because of an unsafe or dangerous condition.
B. Maintenance and repair required. Neither the owner of nor the person in charge of a structure
within an historic district or of an historic landmark shall permit such historic structure or historic
landmark to fall into a state of disrepair which may result in the deterioration of any exterior
appurtenances or architectural feature so as to produce or tend to produce, in the judgment of the
Commission, a detrimental effect upon the character of the historic district as a whole or the life
and character of the historic landmark or structure in question or which could lead to a claim that
demolition is necessary for public safety, including but not limited to:
(1) The deterioration of exterior walls or other vertical supports.
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(2) The deterioration of roofs or other horizontal members.
(3) The deterioration of exterior chimneys.
(4) The deterioration or crumbling of exterior plaster or mortar.
(5) The ineffective waterproofing of exterior walls, roofs and foundations, including broken
windows or doors.
(6) The deterioration of any feature so as to create or permit the creation of any hazardous or
unsafe condition or conditions.
§ 148-11. Violations and penalties.
Penalties for violations of this chapter shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each
day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall
constitute a separate offense. The minimum penalty for specific violation of this chapter shall be
$100 and the maximum penalty shall be $2,500; provided, however, that the maximum penalty may
exceed $2,500 but shall not exceed $25,000 when it can be shown that there has been a previous
conviction of the same party within the past two years for violations of the same chapter provision.
§ 148-12. Appeals.
An appeal of any final decision regarding Certificate of Appropriateness, Minor Alteration or Revision, or
Staff Approval under § 148-8 may be taken by any party to the Board of Appeals. The appeal procedure
shall conform to the procedure set forth in Chapter 23, Article I, of the Code of the City of Bangor.
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