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HomeMy WebLinkAbout2019-05-13 19-176 ORDINANCE19-176 05/13/2019 CITY COUNCIL ACTION Council Meeting Date: May 13, 2019 Item No: 19-176 Responsible Dept: Code Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 71, Bangor Center Revitalization Area, to remain consistent with requirements of Chapter 148, Historic Preservation. Summary This amendment would make numerous changes to the Bangor Center Revitalization Area (BCRA) ordinance, to keep the regulations and review processes of the BCRA consistent with those of the Historic Preservation Commission. For many years, the Historic Preservation Commission has served as the review committee for applications for work in the Bangor Center Revitalization Area (sometimes referred to as the Fagade District). The BCRA and Historic Preservation ordinances are very similar, and in many cases regulate identical elements of a building with similar or identical standards. This ordinance is requested to ensure that recent changes proposed for the Historic Preservation Ordinance are also represented in the BCRA ordinance, so that applicants are not held to two different sets of requirements when requesting approval for a project. 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 71 in its entirety. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals CAt h-,, Lo,,A� City Manager Introduced for: First Reading and Referral Meeting Date: April 16, 2019 For: Against: City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: May 13, 2019 Assigned to Councilor: Graham 19-176 05/13/2019 ORDINANCE, Amending Chapter 71, Bangor Center Revitalization Area, to remain consistent with requirements of Chapter 148, Historic Preservation. WHEREAS, many properties in the Bangor Center Revitalization Area are also regulated by Bangor's Historic Preservation ordinance; and WHEREAS, the Historic Preservation Commission serves as Design Review Committee of the Bangor Center Revitalization Area; WHEREAS, numerous changes have been proposed for the Historic Preservation ordinance; and WHEREAS, the proposed amendment seeks to keep consistent the regulations and review processes between the Bangor Center Revitalization Area and the Historic Preservation ordinances; and WHEREAS, at its April 11 meeting, the Historic Preservation Commission, which serves as the Design Review Committee of the Bangor Center Revitalization Area, 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 71, Bangor Center Revitalization Area is replaced in its entirety by the attached Chapter 71. Chapter 71 BANGOR CENTER REVITALIZATION AREA § 71-1. Title. AS AMENDED 19-176 MAY 13, 2 019 This chapter herein adopted as Chapter 71 of the Code of the City of Bangor shall be known and may be cited as the "Bangor Center Revitalization Area Ordinance of the City of Bangor" and shall be referred to herein as "this chapter." § 71-2. Purpose. This chapter is adopted in accordance with the Charter of the City of Bangor and the laws of the State of Maine for the following purposes: A. To promote the public health, safety, convenience, comfort, aesthetics, property and general welfare of the inhabitants and property owners of the City of Bangor. B. To encourage and promote a public and private partnership for the purposes of revitalizing the Bangor Center Area (hereinafter "Area"). C. To bring about a general physical improvement in the Area through the rehabilitation of existing structures located therein. D. To eliminate deterioration and blight by mandating the repair and/or replacement of the exterior surfaces of existing structures located in the Area. E. To achieve standards of design of exterior surfaces which improve or preserve the architectural character of the existing buildings located within the Area. F. To promote architectural compatibility with surrounding buildings through harmonious treatment of facades when those buildings or facades are historically compatible. G. To establish a positive and identifiable image for the Area for the purposes of encouraging private investment, increasing the stability of property values and enhancing the Area's economic viability. H. To avoid higher public costs associated with deteriorated or declining areas. I. To protect and encourage both private and public investments in the Area. J. To promote the development of a vibrant and viable community by encouraging the expansion of economic opportunity in the Area. K. To provide attractive exteriors by repairing or refinishing building surfaces, windows and other visible features. L. To establish minimum property rehabilitation standards for properties located within the Area. M. To define the powers and duties of the administrative officers and bodies, as provided hereinafter. AS AMENDED 19-176 MAY 13, 2 019 § 71-3. Area designated on map. The Bangor Center Revitalization Area (hereinafter "Area") shall encompass and include all properties located within the boundaries delineated on the Bangor Center Revitalization Area Map attached hereto as Exhibit A and incorporated herein by reference. § 71-4. Compliance required. Every building, structure or land within the Area shall be rehabilitated by its owners, in accordance with the provisions contained herein, to comply with the minimum property rehabilitation standards set forth in this chapter. In addition, any exterior change (other than rehabilitative maintenance which does not alter the architectural design of the building, structure or element thereof or emergency repairs) to any building, structure or land within the Area shall comply with the design property rehabilitation standards set forth in this chapter. § 71-5. Construal of provisions. The provisions of this chapter shall not be construed to repeal, abrogate, annul or in any manner impair or interfere with the provisions of other laws or ordinances, except those specifically repealed by this chapter. Where this chapter imposes a greater restriction upon land, building or structures than is imposed by any other provision of law or ordinance, the provisions of this chapter shall prevail. § 71-6. Word usage. A. In this chapter, certain terms or words shall be interpreted as follows: (1) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (2) The present tense includes the future tense. (3) The singular number includes the plural, and the plural includes the singular. (4) The word "shall" is mandatory, and the word "may" is permissive. (5) The word "building" includes the word "structure." (6) The words "property owner" shall mean the owner of record in the Penobscot County Registry of Deeds. (7) The words "Staff Coordinator" shall mean the Director of Community and Economic Development or his or her designee. AS AMENDED 19-176 MAY 13, 2 019 B. Terms not defined shall have the customary dictionary meaning and shall be construed to be consistent with the provisions of this chapter. ARTICLE II Administration and Enforcement § 71-7. Code Enforcement Officer. A. The administration and enforcement of this chapter shall be the responsibility of the Code Enforcement Officer. B. Powers and duties. The Code Enforcement Officer shall be vested with full authority and responsibility for the enforcement and administration of this chapter. The Code Enforcement Officer may grant approval for all designs, plans and/or sketches for all improvements, modifications, repairs, installations, rehabilitation or painting, where the fair market value cost for the materials, supplies and/or labor for the same is less than $1,000, which affects the exterior of existing buildings or structures, signs, awnings, exterior lighting, show windows, roofs, rear yards or open space or vacant lots to ascertain whether or not said designs, plans and/or sketches for the contemplated work conform to the requirements of this chapter. In the event that the Code Enforcement Officer does not approve a design, plan or sketch under this section, the applicant may request an independent review of the same by the Design Committee. § 71-8. Permit required. No exterior of an existing building or structure, storefront, display window, roof, window, awning, entrance, sign, lighting, appurtenances or land located within the Area shall be altered, improved, modified, repaired, rehabilitated or painted until a permit therefor has been issued by the Code Enforcement Officer, except as exempted in this section. A. Any project on a historic site or landmark or on a property in a historic district which receives a Certificate of Appropriateness under Chapter 148, Historic Preservation, shall be automatically granted a permit under this chapter. B. A permit shall not be required for emergency or minor maintenance repairs which do not materially alter the existing exterior elements of the building or structure. C. No permit shall be issued until the proposed activity complies with the provisions of this chapter. D. 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. 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. E. All applications for a permit shall be submitted to the Staff Coordinator and accompanied by a design AS AMENDED 19-176 MAY 13, 2 019 or plan, accurately drawn at a suitable scale, showing in sufficient detail the entire building or structure elevation, storefront design, windows, cornices, materials (including samples, if requested), signs, lighting, awning and other architectural features. Said plan or design shall be prepared to acceptable standards as determined by the Code Enforcement Officer or Design Committee. In addition, the Officer or Committee is hereby authorized to require such additional information as may be deemed necessary or appropriate for the proper administration and enforcement of this chapter. The format and number of copies of the application and plan or design submitted shall be as set by the Staff Coordinator. The Code Enforcement Officer may accept a sketch outlining the proposed work for projects which do not require Design Committee approval. For projects which require Design Committee approval, the Code Enforcement Officer shall refer the application to the Design Committee within 10 days of his or her determination that the application is in order. F. Once the Design Committee has approved an application under this chapter and the building or structure in question conforms to the requirements of this chapter, further Design Committee review and approval will not be required for the following activities: repainting of exterior elements of the building or structure in accordance with previously approved color schemes; emergency repairs to exterior elements of the building, such as replacement of glass or other broken door or window elements; renovation or repair of signs which does not depart from the design approved by the Committee; and minor repairs, as long as said repairs do not alter the design approved by the Committee. These activities may be carried out without a permit under this chapter, provided that notification of said activities is filed, in writing, with the Code Enforcement Officer. § 71-9. Revitalization Area Design Review Committee. Establishment. A Revitalization Area Design Review Committee is hereby established in the City of Bangor for the purpose of reviewing certain applications under this chapter to ensure compliance with the objectives and rehabilitation standards contained herein. The words "Design Committee," when used in this chapter, shall be construed to mean the Revitalization Area Design Review Committee, which shall consist of the Bangor Historic Preservation Commission as established under Chapter 148, Historic Preservation, § 148-6 of this Code. A. Duties and responsibilities. The Design Committee shall have the following duties and responsibilities under this chapter: (1) Review of all preliminary and final designs and/or plans for all improvements, modifications, repairs, installations, rehabilitation or painting (except for emergency or minor maintenance repairs or rehabilitation work with an estimated fair market value cost of less than $1,000 for materials, supplies and/or labor) which affects the exterior of existing buildings or structures, signs, awnings, exterior lighting, show windows, roofs, rear yards or open spaces or vacant lots to ascertain whether or not said designs or plans for the contemplated work conform to the requirements of this chapter. Such review shall be in accordance with the provisions of this chapter. (2) Approval of such designs or plans as the Design Committee determines to be in accordance with the provisions of this chapter. (3) Assistance to property owners in the development of acceptable rehabilitation designs or plans AS AMENDED 19-176 MAY 13, 2 019 to bring their properties into compliance with the provisions of this chapter. (4) Review of properties within the Area and formulation of written recommendations to the property owners outlining suggestions as to such nonmandatory facade improvements as may be deemed appropriate for the building in question. § 71-10. Elements of review. In reviewing properties to determine compliance with the provisions of this chapter and in reviewing designs or plans submitted in accordance herewith, the Design Committee or the Code Enforcement Officer shall be concerned with all aspects affecting the exterior appearance of the properties located within the Area, including but not limited to the following: A. Materials used on all visible exterior areas of the building(s). B. Design of show windows, storefronts and entrance areas, including materials and types of security devices. C. Design of signs, methods of illumination, materials and methods of attachment. D. Design of awnings and canopies, materials and methods of attachment. E. Condition of parking areas, rear yards, open spaces and vacant lots. § 71-11. Standards of review. For those areas designated in the Waterfront Development District within the Bangor Center Revitalization Area Map, the standards of § 71-11.1A through D shall apply. For all other areas, the following standards and considerations shall be used by the Design Committee or the Code Enforcement Officer in evaluating applications to determine whether or not the proposed activity conforms to the requirements of this chapter and promotes the intent and purpose hereof: A. Materials, techniques and designs should, where practical, conform to and harmonize with the architecture of the building. To that end, correct period sash, doors, cornices, wall materials and signs should be considered. B. Rehabilitation work shall not destroy the distinguishing qualities or character of the building and its environment. The removal or alteration of any unique architectural features shall be avoided wherever possible. C. Deteriorated architectural features should be repaired rather than replaced, whenever possible. In the event that replacement is necessary, the new materials should, where practical, match the materials being replaced in composition, design, texture and finish. D. Removal of present-day facades which are inappropriate and incompatible with the existing structures or neighboring properties shall be encouraged. E. Designs and materials shall be appropriate to the period and style of the building and should AS AMENDED 19-176 MAY 13, 2 019 harmonize with adjacent properties. F. New work adjoining existing buildings shall be carefully blended to minimize the separation, unless such a separation is suitable to enhance or emphasize the qualities of the original work. G. Hardware and lighting fixtures, where practical, shall be selected with care to conform to authentic work of the period and to match remaining originals where such exist. H. All alterations, improvements, modifications, repairs, rehabilitation, painting and other improvements shall be harmonious and tie in with existing materials in an acceptable manner. § 71-11.1. New construction and renovation standards in Waterfront Development District. A. Building design. (1) Buildings that are stylized in an attempt to identify a particular tenant, particularly where the proposed architectural design is the result of a corporate or franchise prototype design, shall not take precedence over these design guidelines, and such development shall conform to the architectural considerations in these guidelines. (2) Extended bands of corporate/franchise colors unrelated to the architecture shall be prohibited. (3) Buildings shall be designed with a variety of scales, creating a scale and level of detail at the street level appropriate to the pedestrian. (4) Clearly articulating different uses at lower building levels will aid in creating a sense of human scale in mid- and high-rise buildings. Addressing human scale may further be achieved through architectural detailing and by variation in the three-dimensional character of the building mass as it rises skyward. Monolithic, vertical extrusions of a maximum building footprint are strongly discouraged. (5) The lower floors shall be differentiated architecturally. (6) Where existing adjacent buildings have a consistent massing and roof forms which enhance the character of the area, that massing and form shall be reinforced unless it can be clearly demonstrated that an alternate design would enhance the vitality of the area. (7) Traditional arrangement of facade components into base, middle, and top composition shall be used to achieve compatibility and continuity within the surrounding architectural context. (8) The following features shall be considered as potential elements to help break down building scale: (a) Covered walkways, trellises or architectural awnings that provide varying degrees of shade and sun at ground level. (b) Distinct and multiple architectural roof forms, clearly pronounced eaves, distinct parapet designs and cornice treatments. AS AMENDED 19-176 MAY 13, 2 019 (c) Projecting bays, recessed balconies, and roof shape variation shall be judicially utilized to provide interest, individuality, and appropriate scale to new structures. (9) The design shall incorporate elements to visually screen elements such as HVAC units, dumpsters, and loading areas. The integration of the screening of those elements is encouraged over the addition of fencing and landscaping which is not in harmony with the overall design. B. Building placement. (1) Buildings shall be built to the property line to the greatest extent possible when the property line is adjacent to the street, unless such space is used as outdoor cafes on the lower floor and for public plazas which are coordinated with public outdoor spaces. (2) Buildings shall provide street -level, pedestrian -oriented uses on all street fronts. (3) Primary building entrances shall be accentuated and open onto public sidewalks along the primary street frontage. C. Pedestrian environment. (1) Drive-through uses shall be accessory to the primary use of the building and designed and located not to dominate the streetscape or impair pedestrian movements. (2) Where pedestrian circulation paths cross vehicular routes, a change in paving materials, textures or colors shall be provided to emphasize the conflict point, improve visibility, enhance safety, and provide added aesthetic appeal with the pedestrian access primary. (3) Service entrances and loading facilities shall be located at the rear or side of structures and screened from public view. (4) Where buildings face more than one public street, service and loading circulation may be located along secondary streets where appropriate. D. Signage. (1) Signage shall strive to maintain the quality of materials used in the district. (2) Signage shall be scaled and illuminated for a pedestrian clientele. (3) Building -mounted signage shall be integrated with the design of the building. (4) Traditional corporate logos and mass-produced signage shall be discouraged. § 71-12. Minor Alterations and Revisions. A. For purposes of this section, a "Minor Alteration or Revision" is one which does not materially alter or affect the improvements approved by the Design Committee in material or other element noted AS AMENDED 19-176 MAY 13, 2 019 in review. The replacement of signs or the installation of new signs consistent with § 71-20 shall be deemed a Minor Alteration or Revision. B. Notwithstanding §§ 71-8 and 71-9 above, Minor Alterations or Revisions to work for which the Design Committee has approved may be permitted by the Code Enforcement Officer, Planning Officer, and Design Committee Chair without referral to the Design Committee subject to the following conditions: (1) Submission of an application to the Staff Coordinator, setting forth the proposed revision in sufficient detail to permit adequate review of the same. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. (2) In determining whether or not a proposed change constitutes a Minor Alteration or Revision, the Code Enforcement Officer, Planning Officer and Chair of the Design Committee (or, in his or her absence, the Vice Chair or, in both their absences, the senior member of the Committee in time of service) that the proposed change constitutes a minor revision and does not require Committee approval. § 71-13. Signs. A. Requirements for applications involving signs: (3) A scale drawing of the sign. (4) A depiction or sample of the means of sign installation, including attachment or mounting to the building. (5) Materials, colors, lettering, and finishes. (6) Any other information and documentation the Planning Division or Code Enforcement Division considers necessary. B. 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. C. Determination. In determining whether or not proposed work receives approval, The Code Enforcement Officer or their designee, and the Planning Officer or their designee shall apply the evaluation standards set forth in § 71-11 or § 71-11.1. Additionally, all signs must comply with the regulations contained in Chapter 260, Signs. D. Approval. If the Code Enforcement Officer or their designee and the Planning Officer or their AS AMENDED 19-176 MAY 13, 2 019 designee each determine that the proposed work meets the evaluation standards set forth in § 71- 11 or § 71-11.1, 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. [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. 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 shall not be approved. [1] If disapproved, the applicant may submit an application for either Minor Alteration or Revision or Design Review for consideration at a meeting of the Design Committee, along with the fee required under § 109-1. § 71-14. Violations and penalties. Any person, firm or corporation being the actual or constructive owner of any building or premises which is adjudged to be in violation of any of the provisions of this chapter shall be guilty of a civil violation and, on conviction, shall be fined not less than $10 nor more than $100. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Any fines imposed pursuant to this chapter shall inure to the benefit of the City of Bangor. § 71-15. Legal actions. The City Solicitor or his representative is hereby authorized and directed to institute any and all actions and proceedings, either in law or in equity, that may be appropriate or necessary to obtain compliance with the provisions of this chapter. ARTICLE III Property Rehabilitation Standards § 71-16. Applicability. The provisions of this article shall apply to all exterior improvements to existing properties within the Area. It is required that all exterior improvements shall be made in accordance with the provisions and objectives of this chapter. Over and above the codes and ordinances of the City of Bangor, the provisions contained in this article shall be applied to all properties within the Area, whether occupied or vacant. AS AMENDED 19-176 MAY 13, 2 019 § 71-17. General requirements. All work performed in compliance with this chapter shall be done in a workmanlike manner and according to accepted standards of the building trades. Materials used in making repairs shall be of a quality suitable for the purpose and of a kind normally used to accomplish the required repairs. All structures and lots must meet the minimum property standards. In addition to the mandatory minimum property standards, any application for repairs, replacements or reconstruction of the exterior of any buildings or structures within the Area, other than for maintenance of the existing exteriors, shall conform to the minimum design standards. § 71-18. Exterior walls (front, side and rear). A. Minimum property standards. (1) All of the visible exterior walls of all structures located in the Area shall be included in this requirement. (2) All exposed and visible surfaces shall be repaired, cleaned or painted to present an acceptable appearance. (3) All defective structural and decorative elements of building fronts and sides abutting on or visible from streets shall be repaired or replaced in a workmanlike manner to maintain as closely as possible the architectural character of that building. All damaged, sagging or otherwise deteriorated storefronts, signs, show windows or entrances shall be repaired or replaced. (4) All miscellaneous unused elements on the exterior walls of the structures, such as empty electrical boxes, conduits, pipes, unused sign brackets, etc., shall be removed. (5) All brick and concrete walls shall be cleaned, repaired and repainted or painted as required by the Design Committee or the Code Enforcement Officer. Unfinished concrete block walls shall be painted. (6) All natural stone walls shall be cleaned, repaired and painted as required by the Design Committee or the Code Enforcement Officer. (7) All stucco surfaces shall be cleaned and repaired as required by the Design Committee or the Code Enforcement Officer. Repaired and new stucco surfaces shall have a continuous and even finish, with no patching visible. (8) No new formstone finishes shall be permitted. All defective formstone finishes shall be restored or removed and the walls behind them restored. (9) Existing wood siding materials, in sound condition and permissible under the provisions of Chapter 113, Building Construction, of this Code, shall be cleaned, stripped and painted, if necessary. AS AMENDED 19-176 MAY 13, 2 019 (10)AII gutters and rainwater leaders must be in good condition and shall be repaired or replaced as necessary and shall be neatly located and securely installed. In no case shall drainage from such building elements flow onto the public right-of-way. (11)AII cornices, upper floor windows and all other portions of a building containing metal or wood trim shall be made structurally sound. Rotten, rusted or weakened portions shall be removed and repaired or replaced to maintain as closely as possible the original architecture. All exposed metal or wood shall be painted or stained or otherwise treated for protection. B. Minimum design standards. (1) All of the visible exterior walls of all structures located in the Area shall be included in this requirement. (2) All exterior walls which have not been wholly or partially resurfaced or built over shall be repaired and cleaned or painted in an acceptable manner. Brick walls shall be pointed where necessary to match existing bond. Painted masonry walls shall have loose material removed and be painted a single color, except for trim or decorative details which may be another color. Surfaces shall be painted with products and employing application methods that will prevent early deterioration. Patched walls shall match the existing adjacent surfaces as to materials, color, bond and joining. Cleaning of masonry walls by means of sandblasting shall not be permitted. (3) Brick walls shall be either preserved in their natural state or painted. (4) Real or simulated wood shakes are not considered to be compatible with this renewal area, and new applications of these materials will not be permitted. (5) Gutters and downspouts shall be prepainted, baked enamel, nonferrous material or painted and shall be compatible with other building colors. (6) The removal of cornice work without prompt replacement will not be permitted. New cornices shall be compatible with the architecture of the building. § 71-19. Roofs. A. Minimum property standards. (1) Roofs shall be kept free of trash, debris or any other element which is not a permanent part of the building or a functioning element of its mechanical or electrical system. (2) All chimneys, elevator penthouses or other auxiliary structures on the roofs shall be cleaned and in good repair. All deteriorated masonry chimneys shall either be removed or restored. B. Minimum design standards. (1) Television and radio antennas shall be located so as to be as inconspicuous as possible from the AS AMENDED 19-176 MAY 13, 2 019 sidewalk across the street. (2) Rooftop mechanical equipment shall be located in such a way as to minimize its visual impact. Functional equipment may be retained until major repair or replacement of the equipment becomes necessary, at which time it shall be repositioned as above. All mechanical equipment shall be painted with a flat paint in a color to minimize visibility. (3) Any new mechanical equipment placed on a roof shall be so located as to be hidden from the street in so far as practical and be as inconspicuous as possible from other viewpoints. New equipment shall be screened with suitable elements of a permanent nature finished as to be compatible with the rest of the building. Where such screening is unfeasible, equipment shall be installed in a neat, presentable manner and shall be painted in such a manner as to minimize its visibility. (4) Where possible, metal chimneys shall be located so that they cannot be seen from the sidewalk across the street either in front of or to one side of the building. (5) Dormers and the materials of which they are composed shall be compatible with the design of the building's roof and street facade. (6) Other elements added to the roof, such as skylights and solar panels, shall be as inconspicuous as possible. § 71-20. Windows. A. Minimum property standards. (1) Windows not in the front or side of the building shall be kept properly repaired or, with Fire Department approval, may be closed, in which case sills, lintels and frames must be removed and the opening properly closed to match the materials, design and finish of the adjacent wall. (2) All windows must be tight -fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or loose mullions or muntins shall be replaced. All broken and missing windows shall be replaced with glass or approved clear glazing. All exposed wood shall be repaired and painted. (3) Window openings in upper floors of the front and all visible sides of the building shall not be filled, boarded up or covered by any signs. Windows in areas of the upper floors may be backed by suitable curtains, blinds, interior wood shutters or other approved materials. Window glass at any floor shall not be painted, except as otherwise permitted herein. (4) The lintels over windows shall be preserved or restored. Rotten wood lintels shall be replaced. Brick archwork and stone lintels shall be restored. (5) All windows, frames and mullions shall be kept in good repair and properly painted. B. Minimum design standards. AS AMENDED 19-176 MAY 13, 2 019 (1) The use of exterior shutters shall not be allowed in cases where shutters would not be compatible with the architecture of the building. (2) All of the windows in a single facade shall be of matching design. All window openings shall have the same height and width they did at the time that the wall in which the openings are located was originally built. Filling in these openings at the top, bottom or sides is not permitted. The following additional requirements shall apply for all new windows: (a) All windows shall have frames, sash and mullions of a material and design appropriate to the architecture of the building. Wherever possible, the original number of window lights shall be retained or the similar proportion and scale of lights in a window shall be retained. (b) Ornamental windows, grilles and balconettes may be incorporated as a decorative or security device. (c) Windowsills shall be preserved, replaced and restored to maintain the original design of the building. (d) Installation of exhaust fans, vents and air units in front windows is discouraged. However, where there is no other alternative, the unit should be painted in a color that makes it as inconspicuous as possible or shall otherwise be suitably screened. (3) However, compliance with the requirements of Subsection B(2) above can be waived by the Design Committee where: (a) Structural change to a level of the building would make the matching of windows impractical. (b) The original design of the building or a major adaptation does not meet this requirement. § 71-21. Storefronts. A. Minimum property standards. (1) A storefront as a part of the building facade shall be defined to include: (a) The building face and the entrance area leading to the door. (b) The door, sidelights, transom, show windows, display platform, devices, including lighting and signing, designed to be viewed from the public right-of-way and/or the areas designed to be visible to the public prior to entering the interior portion of the structure. (2) All extraneous and unused hardware, signing and equipment shall be removed. (3) All broken, rotten or damaged elements shall be removed and replaced. All damaged, sagging or otherwise deteriorated doorfronts, show windows or entrances shall be repaired or replaced. The practice of patching or laying materials one on top of the other is not permitted. Damaged parts shall be replaced so as to be unnoticeable as replacement parts. AS AMENDED 19-176 MAY 13, 2 019 (4) Soft awnings. Torn, frayed, faded or dirty awnings shall be reconditioned, repaired, cleaned or replaced. Unused awning boxes and hardware shall be removed. (5) Show windows shall not be painted for advertising purposes. (6) No temporary or permanent sign affixed or placed against the inside surface of a show window shall exceed 25% of the area of that show window. B. Minimum design standards. (1) A storefront as a part of the building facade shall be defined to include: (a) The building face and the entrance area leading to the door. (b) The door, sidelights, transoms, show windows, display platforms, devices, including lighting and signing, designed to be viewed from the public right-of-way and/or the areas designed to be visible to the public prior to entering the interior portion of the structures. (2) All elements of the storefront, including awnings, show windows, entrances, signs, lighting, sun protection, security grilles, etc., shall be compatible with the architecture of the building, except in those cases where a deviating storefront possesses independent historic or architectural value. All such elements shall be located no higher than one inch below the second story windowsill line. (3) At such time as sign panels covering or replacing store cornices are removed, the cornice shall be restored or replaced with compatible material. (4) Materials used on storefronts shall be compatible with the architecture and materials used on the building itself. Other factors, such as durability, ease of maintenance and historical compatibility of materials, shall be considered in relation to future material installations. Formstone, real or simulated wood shakes or any other material not approved by the Design Committee shall not be permitted for any future use. All such materials now in use shall be kept in good repair or shall be removed. (5) Soft awnings. (a) Existing retractable awning boxes or fixed awning hardware on storefronts shall be reconditioned to accommodate an awning which shall be compatible with the building design. Otherwise, boxes and hardware shall be removed. (b) Awnings, if desired, are to be installed along the full width of existing awning boxes and frames and on upper floors over windows only. (c) The materials must be flameproofed, and the material and any graphics or striping shall be compatible with the building architecture. (d) Rigid or fixed awnings, sunscreens or permanent canopies are not permitted on any AS AMENDED 19-176 MAY 13, 2 019 portion of the building front unless the Design Committee determines, in addition to the other requirements of this chapter, that the proposed awning, sunscreen or permanent canopy is: [1] Compatible with the topography of the area. [2] Customary and incidental to the activity being housed in the building or appropriate for that location due to unique circumstances. [3] Compatible with similar elements of adjacent properties. (e) Awnings shall not be designed so as to prevent vehicular movement at the curb or to interfere with improvements to the public right-of-way, such as streetlights, landscaping and street furniture. Awnings shall not be lower than seven feet above the sidewalk and one foot inside the curb and shall otherwise conform to the provisions of City ordinances. (f) Street level awnings shall terminate against the building at a height not to exceed one inch below the second floor windowsill or not higher than the bottom of a first floor cornice, unless it exists as a part of the cornice. (6) Solid or permanently enclosed or covered storefronts or painted show windows or show windows replaced by solid materials shall not be permitted unless treated architecturally as an integral part of the building facade and compatible with these standards. Where the window treatment of the first floor is to be modified, these new window openings shall not be smaller in size than the openings of the second or third floor windows. These new windows shall be compatible with the upper windows in the structure. (7) New storefronts that project beyond the property lines of the stores are not permitted; provided, however, that such a storefront projection may be permitted if authorized by and located within an identifiable equitable property interest of record. Where the original front is behind the property line and where a new protecting front would not be disruptive to adjacent stores and is compatible with the building architecture, a new front may be installed up to the property line. (8) All new storefronts shall provide, where practical, a streetside hose bibb to provide water for storefront and sidewalk cleaning and to aid in watering street trees. (9) Show windows may be painted for identification of the place of business when authorized by the Design Committee; provided, however, that said identification shall not exceed 10% of the area of that show window. (10) Decalcomanias one square foot or less in area may be affixed to show windows or entrance door windows when the same are supplied by credit card companies and carry no text or message other than the identification of such companies. (11) Doorways and entrances. In cases where there are doorways to buildings that are not incorporated in the storefront, the character of the original doorway shall be preserved, where possible. The original style of these doorways, if possible, shall be incorporated into the design of the remodeled storefront. The following additional requirements shall apply to all doorways AS AMENDED 19-176 MAY 13, 2 019 and entrances: (a) Storm and screen doors and hardware visible from the outside shall be compatible with the entrance doors. (b) Any grilles, bars and grates covering doors or windows shall be designed to be as compatible with the architecture of the building as possible. (c) Doorways and entrances shall be designed with consideration for the needs of the handicapped and the elderly. § 71-22. Signs. All signs must comply with the regulations contained in Chapter 260, Signs. A. Minimum property standards. (1) No sign, billboard, advertising display or structure, poster or device shall be erected, hung, affixed, moved, altered, enlarged, reconstructed, replaced or displayed in the Area except as expressly permitted herein. (2) Signs shall be maintained in good repair. (3) Temporary sale signs may be displayed within storefront windows, provided that these signs shall not cover more than 25% of the area of the windows in which they are displayed and are on display not more than 45 consecutive days. (4) No signs other than those identifying the property where they are installed or identifying the use conducted therein shall be permitted. Advertising by materials or product manufacturers and suppliers shall not be permitted. A logo, decorative initial, trademark, symbol, etc., may also be used as part of the sign. (5) Rooftop signs, signs above the parapet of a building, billboards and other outdoor advertising signs painted or mounted on structures other than billboards, except as otherwise herein provided, shall not be permitted. All existing rooftop and facade -mounted sign brackets and hardware shall be removed. (6) Flashing or moving signs other than barber poles and time and/or temperature signs shall not be permitted. (7) Painted signs on building surfaces are prohibited, except as may otherwise be provided herein. (8) Flags or banners may be displayed as long as the poles are maintained in good condition. Materials of the flags or banners shall not be faded, torn or frayed. B. Minimum design standards. AS AMENDED 19-176 MAY 13, 2 019 (1) Size, shape, letter style(s), design, type illumination and/ or method of installation of all new and existing signs shall be compatible with the architecture of the building. Design of signs by graphic designers is encouraged. (2) Materials employed for construction of signs shall be durable and weather -resistant. Use of plastics or similar materials is discouraged. (3) Signs shall be designed in a manner so that they do not interfere with important architectural details (e.g., cornices, carved friezes or arches) of the building. (4) Placement entirely on a flat portion of the facade or on an area entirely within the confines of an opening and lined up with architectural details or elements is required. (5) Signs identifying the occupant shall be permitted at rear entrance and delivery doors but shall not exceed two square feet in area and may be illuminated. (6) No new marquees shall be allowed on buildings other than operating theaters or hotels or when marquees are customary and incidental to the operation of the activity being housed in the building. When rehabilitated, an existing marquee shall be redesigned so that it is compatible with the architecture of the building. (7) Signs in the form of letters, symbols or other graphics may be incorporated in the design of any awning included in the design of a storefront, provided that such signs are compatible with the architecture of the building and the awning. (8) Signs may be painted on the inside surface of the show window, and permanent sign panels may be hung inside the show window but must be designed to be compatible with the architecture of the facade and the text related to the business. Signs painted on the inside glass and sign panels shall be limited to lettering no greater than six inches in height. When these signs are the only identifying sign for the property, they can use twelve -inch lettering. (9) (Reserved) (10)Signs which are an integral part of the building structure and compatible with the original architecture of the building are permitted. (11) Flat signs shall be incorporated in the design of the storefront. If the storefront design includes a cornice, the sign may be incorporated in the cornice design. (12) Neon tube signs are permitted in the form of a neon graphic where a light symbol is supplied by neon tube which is bent to form letters, symbols and other shapes, permitted only as single tubes on flat signs above a show window and on the inside of and behind show windows as provided for herein and as provided for in § 71-21B(4)(f) of this chapter. (13) Perpendicular signs and their hanging hardware shall be compatible with the architecture of the building to which attached and coordinated with neighboring structures. (14) Flags and banners shall be compatible with the architecture of the building to which attached and neighboring structures. Banners should be displayed only from buildings at least two stories AS AMENDED 19-176 MAY 13, 2 019 high and shall not be less than 10 feet above the sidewalk. (15)Super graphics or murals are a special form of outdoor art, and the Design Committee may permit their application on wall surfaces that are predominantly blank, except where it would detract from the architectural significance or historic value of the building or adjacent properties, upon submission and approval of full-color drawings of the intended super graphic or mural. § 71-23. Lighting. A. Minimum property standards. The following lighting methods are not permitted for signs and buildings: (1) Exposed fluorescent lighting. (2) Exposed quartz or mercury vapor lamps. (3) Exposed incandescent lamps other than low wattage, purely decorative lighting and neon as provided for herein. B. Minimum design standards. (1) Exterior lighting shall be limited to lighting fixtures designed to be in harmony with the character of the buildings. Floodlighting, concealed above a shopfront cornice, may be used to light the facades of buildings. Lighting of the shops will be encouraged during the evening hours at times agreed upon by the merchants. (2) Lighting of the facades of the buildings may be accomplished with projecting fixtures at the roofline or at the shopfront cornice line. Such fixtures shall be inconspicuous and compatible with building architecture. (3) All lighting and electrical elements, such as wires, conduits, junction boxes, transformers, ballasts, switches and panel boxes, shall be concealed from view where possible. (4) The following lighting methods are permitted for signs and buildings: (a) Fully recessed fluorescent downlights or wall washers in a valance box. The box must run the full length of the storefront at the top of the sign area. (b) Internally illuminated box signs and individual letters or backlit (halo) letters. (c) Fully recessed downlights or wallwashers in a projecting metal box. The box must run the length of the storefront at the top of the sign area. (d) Shielded fluorescent lamps with diffusers in a projecting metal box. The box must run the full length of the storefront at the top of the sign area. (e) Gooseneck incandescent, porcelain enamel reflector on bent metal tube arm. The AS AMENDED 19-176 MAY 13, 2 019 housing must prevent glare at pedestrian eye level. (f) Neon tube illumination in the form of a neon tube graphic where a light source is supplied by a neon tube which is bent to form letters, symbols or other shapes in various colors is permitted as flat signs above a show window when enclosed in a sign box and protected by a glass front and on the inside of show windows. § 71-24. Parking areas, yards and vacant lots. A. Minimum property standards. (1) Parking areas. All driveways, parking areas, walks and plazas shall be suitably surfaced with a hard, dust -free material and shall be maintained in a neat and clean manner. (2) Yards and vacant lots. All yards and vacant lots shall: (a) Be graded in such away as to provide satisfactory drainage and an even, smooth surface. (b) Be kept clean of all trash and debris. (c) Be landscaped and provided with trees and shrubbery in a manner deemed appropriate by the Design Committee for the purpose of achieving the goals of this chapter or screened from public view by fencing material or dense plantings compatible with neighboring properties. (d) Be maintained in a clean and neat manner. B. Minimum design standards. All work done to parking areas, yards and vacant lots shall be done in such a manner as to comply with the minimum property standards. § 71-25. Exterior appurtenances. A. Minimum property standards. Exterior appurtenances and accessory structures which serve no useful purpose or those in a deteriorated condition which are not economically repairable shall be removed. Such structures include porches, terraces, entrance platforms, garages, carports, walls, fences and miscellaneous auxiliary structures. B. Minimum design standards. All work done to exterior appurtenances shall be done in such a manner as to comply with the minimum property standards. § 71-26. Fire escapes. A. Minimum property standards. All existing fire escapes which are not required by law or ordinance for utilization of the upper floors of buildings located within the Area shall be removed. All remaining fire escapes shall be painted and maintained in a manner compatible with the building upon which the same are located, with the intent to minimize their visual impact. AS AMENDED 19-176 MAY 13, 2 019 B. Minimum design standards. All work done to fire escapes shall be done in such am an ner as to comply with the minimum property standards. ARTICLE IV Appeals § 71-27. Board of Appeals. A. All appeals concerning any decision, order, rule or failure to act under the provisions of this chapter shall be heard and decided by the Board of Appeals (as established under Chapter 6, Article I of this Code) in accordance with the provisions contained herein. The word "Board" when used in this chapter shall be construed to mean the Board of Appeals. B. Duties and responsibilities. The duties and responsibilities of the Board of Appeals shall be as follows: (1) Administrative appeals. To hear and decide where it is alleged that there is an error in any order, requirement, decision, determination or interpretation made by the Design Committee or the Code Enforcement Officer. The challenged action may be modified or reversed by the Board by a concurring vote of at least four of its members; provided, however, that the Board shall not substitute its judgment for a determination by the Design Committee or the Code Enforcement Officer relative to the appropriateness of existing or proposed exterior characteristics of a building or premises within the Area. The appealing party shall have the burden of demonstrating the existence of the alleged error. (2) Variance appeals. (a) To hear and decide where it is alleged that practical difficulties or unreasonable hardships in the literal enforcement of this chapter warrant a variance from the requirements contained herein. A financial hardship shall not constitute grounds for the granting of a variance. Before the Board may exercise its discretion and grant a variance on the basis of alleged practical difficulties, the record must show that: [1] The variance will not adversely affect the objectives of this chapter. [2] The variance is not inconsistent with the intent and purpose of this chapter. [3] A relaxation of the terms of this chapter would not be contrary to the interests of the public. [4] Special site or structural conditions make it impractical or impossible to carry out certain requirements of this chapter. [5] The variance will not alter the essential character of the property for which it is sought or its neighborhood nor adversely affect the harmonious relationship of the property to its surrounding environment. AS AMENDED 19-176 MAY 13, 2 019 (b) In addition, in situations in which it is alleged that compliance with this chapter would constitute an unreasonable hardship, the record must show that: [1] The cost of compliance is unreasonable in comparison to the overall benefit to the area which would be derived from compliance with this chapter. [2] The alleged hardship includes substantially more than inconvenience or inability to attain a higher financial return. [3] The plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question. (c) In the granting of variances due to unreasonable hardship, the Board shall give due consideration to the potential effect of such a variance on the rehabilitation efforts of other property owners within the Area. The Board may grant a variance only by a concurring vote of at least four of its members and, in so doing, may prescribe such conditions and safeguards as it deems appropriate for carrying out the intent and purpose of this chapter. § 71-28. Appeal procedure. A. The procedures for all appeals taken under this article shall be the same as those established by Chapter 23, Article I, Board of Appeals, of the Code of the City of Bangor. B. A member of the Design Committee, or a duly authorized representative, or the Code Enforcement Officer shall attend all hearings and shall present to the Board such plans, photographs or other materials deemed appropriate for an understanding of the appeal. Chapter 71 BANGOR CENTER REVITALIZATION AREA § 71-1. Title. 19-176 MAY 13, 2 019 This chapter herein adopted as Chapter 71 of the Code of the City of Bangor shall be known and may be cited as the "Bangor Center Revitalization Area Ordinance of the City of Bangor" and shall be referred to herein as "this chapter." § 71-2. Purpose. This chapter is adopted in accordance with the Charter of the City of Bangor and the laws of the State of Maine for the following purposes: A. To promote the public health, safety, convenience, comfort, aesthetics, property and general welfare of the inhabitants and property owners of the City of Bangor. B. To encourage and promote a public and private partnership for the purposes of revitalizing the Bangor Center Area (hereinafter "Area"). C. To bring about a general physical improvement in the Area through the rehabilitation of existing structures located therein. D. To eliminate deterioration and blight by mandating the repair and/or replacement of the exterior surfaces of existing structures located in the Area. E. To achieve standards of design of exterior surfaces which improve or preserve the architectural character of the existing buildings located within the Area. F. To promote architectural compatibility with surrounding buildings through harmonious treatment of facades when those buildings or facades are historically compatible. G. To establish a positive and identifiable image for the Area for the purposes of encouraging private investment, increasing the stability of property values and enhancing the Area's economic viability. H. To avoid higher public costs associated with deteriorated or declining areas. I. To protect and encourage both private and public investments in the Area. J. To promote the development of a vibrant and viable community by encouraging the expansion of economic opportunity in the Area. K. To provide attractive exteriors by repairing or refinishing building surfaces, windows and other visible features. L. To establish minimum property rehabilitation standards for properties located within the Area. M. To define the powers and duties of the administrative officers and bodies, as provided hereinafter. 71:1 19-176 MAY 13, 2 019 § 71-3. Area designated on map. The Bangor Center Revitalization Area (hereinafter "Area") shall encompass and include all properties located within the boundaries delineated on the Bangor Center Revitalization Area Map attached hereto as Exhibit A and incorporated herein by reference. § 71-4. Compliance required. Every building, structure or land within the Area shall be rehabilitated by its owners, in accordance with the provisions contained herein, to comply with the minimum property rehabilitation standards set forth in this chapter. In addition, any exterior change (other than rehabilitative maintenance which does not alter the architectural design of the building, structure or element thereof or emergency repairs) to any building, structure or land within the Area shall comply with the design property rehabilitation standards set forth in this chapter. § 71-5. Construal of provisions. The provisions of this chapter shall not be construed to repeal, abrogate, annul or in any manner impair or interfere with the provisions of other laws or ordinances, except those specifically repealed by this chapter. Where this chapter imposes a greater restriction upon land, building or structures than is imposed by any other provision of law or ordinance, the provisions of this chapter shall prevail. § 71-6. Word usage. A. In this chapter, certain terms or words shall be interpreted as follows: (1) The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (2) The present tense includes the future tense. (3) The singular number includes the plural, and the plural includes the singular. (4) The word "shall" is mandatory, and the word "may" is permissive. (5) The word "building" includes the word "structure." (6) The words "property owner" shall mean the owner of record in the Penobscot County Registry of Deeds. (7) The words "Staff Coordinator" shall mean the Director of Community and Economic Development or his or her designee. B. Terms not defined shall have the customary dictionary meaning and shall be construed to be consistent with the provisions of this chapter. 71:2 19-176 MAY 13, 2 019 71:3 ARTICLE II Administration and Enforcement § 71-7. Code Enforcement Officer. 19-176 MAY 13, 2 019 A. The administration and enforcement of this chapter shall be the responsibility of the Code Enforcement Officer. B. Powers and duties. The Code Enforcement Officer shall be vested with full authority and responsibility for the enforcement and administration of this chapter. The Code Enforcement Officer may grant approval for all designs, plans and/or sketches for all improvements, modifications, repairs, installations, rehabilitation or painting, where the fair market value cost for the materials, supplies and/or labor for the same is less than $1,000, which affects the exterior of existing buildings or structures, signs, awnings, exterior lighting, show windows, roofs, rear yards or open space or vacant lots to ascertain whether or not said designs, plans and/or sketches for the contemplated work conform to the requirements of this chapter. In the event that the Code Enforcement Officer does not approve a design, plan or sketch under this section, the applicant may request an independent review of the same by the Design Committee. § 71-8. Permit required. No exterior of an existing building or structure, storefront, display window, roof, window, awning, entrance, sign, lighting, appurtenances or land located within the Area shall be altered, improved, modified, repaired, rehabilitated or painted until a permit therefor has been issued by the Code Enforcement Officer, except as exempted in this section. A. Any project on a historic site or landmark or on a property in a historic district which receives a Certificate of Appropriateness under Chapter 148, Historic Preservation, shall be automatically granted a permit under this chapter. B. A permit shall not be required for emergency or minor maintenance repairs which do not materially alter the existing exterior elements of the building or structure. C. No permit shall be issued until the proposed activity complies with the provisions of this chapter. D. 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. E. All applications for a permit shall be submitted to the Staff Coordinator and accompanied by a design or plan, accurately drawn at a suitable scale, showing in sufficient detail the entire building or structure elevation, storefront design, windows, cornices, materials (including samples, if 71:4 19-176 MAY 13, 2 019 requested), signs, lighting, awning and other architectural features. Said plan or design shall be prepared to acceptable standards as determined by the Code Enforcement Officer or Design Committee. In addition, the Officer or Committee is hereby authorized to require such additional information as may be deemed necessary or appropriate for the proper administration and enforcement of this chapter. The format and number of copies of the application and plan or design submitted shall be as set by the Staff Coordinator. The Code Enforcement Officer may accept a sketch outlining the proposed work for projects which do not require Design Committee approval. For projects which require Design Committee approval, the Code Enforcement Officer shall refer the application to the Design Committee within 10 days of his or her determination that the application is in order. F. Once the Design Committee has approved an application under this chapter and the building or structure in question conforms to the requirements of this chapter, further Design Committee review and approval will not be required for the following activities: repainting of exterior elements of the building or structure in accordance with previously approved color schemes; emergency repairs to exterior elements of the building, such as replacement of glass or other broken door or window elements; renovation or repair of signs which does not depart from the design approved by the Committee; and minor repairs, as long as said repairs do not alter the design approved by the Committee. These activities may be carried out without a permit under this chapter, provided that notification of said activities is filed, in writing, with the Code Enforcement Officer. § 71-9. Revitalization Area Design Review Committee. Establishment. A Revitalization Area Design Review Committee is hereby established in the City of Bangor for the purpose of reviewing certain applications under this chapter to ensure compliance with the objectives and rehabilitation standards contained herein. The words "Design Committee," when used in this chapter, shall be construed to mean the Revitalization Area Design Review Committee, which shall consist of the Bangor Historic Preservation Commission as established under Chapter 148, Historic Preservation, § 148-6 of this Code. A. Duties and responsibilities. The Design Committee shall have the following duties and responsibilities under this chapter: (1) Review of all preliminary and final designs and/or plans for all improvements, modifications, repairs, installations, rehabilitation or painting (except for emergency or minor maintenance repairs or rehabilitation work with an estimated fair market value cost of less than $1,000 for materials, supplies and/or labor) which affects the exterior of existing buildings or structures, signs, awnings, exterior lighting, show windows, roofs, rear yards or open spaces or vacant lots to ascertain whether or not said designs or plans for the contemplated work conform to the requirements of this chapter. Such review shall be in accordance with the provisions of this chapter. (2) Approval of such designs or plans as the Design Committee determines to be in accordance with the provisions of this chapter. (3) Assistance to property owners in the development of acceptable rehabilitation designs or plans to bring their properties into compliance with the provisions of this chapter. (4) Review of properties within the Area and formulation of written recommendations to the 71:5 19-176 MAY 13, 2 019 property owners outlining suggestions as to such nonmandatory facade improvements as may be deemed appropriate for the building in question. § 71-10. Elements of review. In reviewing properties to determine compliance with the provisions of this chapter and in reviewing designs or plans submitted in accordance herewith, the Design Committee or the Code Enforcement Officer shall be concerned with all aspects affecting the exterior appearance of the properties located within the Area, including but not limited to the following: A. Materials aR-Ee1er5 used on all visible exterior areas of the building(s). B. Design of show windows, storefronts and entrance areas, including materials and types of security devices. C. Design of signs, methods of illumination,6eleFS materials and methods of attachment. D. Design of awnings and canopies, eeleFS materials and methods of attachment. E. Condition of parking areas, rear yards, open spaces and vacant lots. § 71-11. Standards of review. For those areas designated in the Waterfront Development District within the Bangor Center Revitalization Area Map, the standards of § 71-11.1A through D shall apply. For all other areas, the following standards and considerations shall be used by the Design Committee or the Code Enforcement Officer in evaluating applications to determine whether or not the proposed activity conforms to the requirements of this chapter and promotes the intent and purpose hereof: A. Materials, techniques and designs should, where practical, conform to and harmonize with the architecture of the building. To that end, correct period sash, doors, cornices, wall materials and signs should be considered. B. Rehabilitation work shall not destroy the distinguishing qualities or character of the building and its environment. The removal or alteration of any unique architectural features shall be avoided wherever possible. C. Deteriorated architectural features should be repaired rather than replaced, whenever possible. In the event that replacement is necessary, the new materials should, where practical, match the materials being replaced in composition, design, texture and finish. D. Removal of present-day facades which are inappropriate and incompatible with the existing structures or neighboring properties shall be encouraged. E. Designs and materials shall be appropriate to the period and style of the building and should harmonize with adjacent properties. F. New work adjoining existing buildings shall be carefully blended to minimize the separation, unless such a separation is suitable to enhance or emphasize the qualities of the original work. 71:6 19-176 MAY 13, 2 019 G. Hardware and lighting fixtures, where practical, shall be selected with care to conform to authentic work of the period and to match remaining originals where such exist. H. All alterations, improvements, modifications, repairs, rehabilitation, painting and other improvements shall be harmonious and tie in with existing materials in an acceptable manner. § 71-11.1. New construction and renovation standards in Waterfront Development District. A. Building design. (1) Buildings that are stylized in an attempt to identify a particular tenant, particularly where the proposed architectural design is the result of a corporate or franchise prototype design, shall not take precedence over these design guidelines, and such development shall conform to the architectural considerations in these guidelines. (2) Extended bands of corporate/franchise colors unrelated to the architecture shall be prohibited. (3) Buildings shall be designed with a variety of scales, creating a scale and level of detail at the street level appropriate to the pedestrian. (4) Clearly articulating different uses at lower building levels will aid in creating a sense of human scale in mid- and high-rise buildings. Addressing human scale may further be achieved through architectural detailing and by variation in the three-dimensional character of the building mass as it rises skyward. Monolithic, vertical extrusions of a maximum building footprint are strongly discouraged. (5) The lower floors shall be differentiated architecturally. (6) Where existing adjacent buildings have a consistent massing and roof forms which enhance the character of the area, that massing and form shall be reinforced unless it can be clearly demonstrated that an alternate design would enhance the vitality of the area. (7) Traditional arrangement of facade components into base, middle, and top composition shall be used to achieve compatibility and continuity within the surrounding architectural context. (8) The following features shall be considered as potential elements to help break down building scale: (a) Covered walkways, trellises or architectural awnings that provide varying degrees of shade and sun at ground level. (b) Distinct and multiple architectural roof forms, clearly pronounced eaves, distinct parapet designs and cornice treatments. (c) Projecting bays, recessed balconies, and roof shape variation shall be judicially utilized to provide interest, individuality, and appropriate scale to new structures. 71:7 19-176 MAY 13, 2 019 (9) The design shall incorporate elements to visually screen elements such as HVAC units, dumpsters, and loading areas. The integration of the screening of those elements is encouraged over the addition of fencing and landscaping which is not in harmony with the overall design. B. Building placement. (1) Buildings shall be built to the property line to the greatest extent possible when the property line is adjacent to the street, unless such space is used as outdoor cafes on the lower floor and for public plazas which are coordinated with public outdoor spaces. (2) Buildings shall provide street -level, pedestrian -oriented uses on all street fronts. (3) Primary building entrances shall be accentuated and open onto public sidewalks along the primary street frontage. C. Pedestrian environment. (1) Drive-through uses shall be accessory to the primary use of the building and designed and located not to dominate the streetscape or impair pedestrian movements. (2) Where pedestrian circulation paths cross vehicular routes, a change in paving materials, textures or colors shall be provided to emphasize the conflict point, improve visibility, enhance safety, and provide added aesthetic appeal with the pedestrian access primary. (3) Service entrances and loading facilities shall be located at the rear or side of structures and screened from public view. (4) Where buildings face more than one public street, service and loading circulation may be located along secondary streets where appropriate. D. Signage. (1) Signage shall strive to maintain the quality of materials used in the district. (2) Signage shall be scaled and illuminated for a pedestrian clientele. (3) Building -mounted signage shall be integrated with the design of the building. (4) Traditional corporate logos and mass-produced signage shall be discouraged. § 71-12. Minor Alterations and Revisions. A. For purposes of this section, a "Minor Alteration or Revision" is one which does not materially alter or affect the improvements approved by the Design Committee in material or other element noted in review. The replacement of signs or the installation of new signs consistent with § 71-20 shall be deemed a Minor Alteration or Revision. B. Notwithstanding §§ 71-8 and 71-9 above, Minor Alterations or Revisions to work for which the 71:8 19-176 MAY 13, 2 019 Design Committee has approved may be permitted by the Code Enforcement Officer, Planning Officer, and Design Committee Chair without referral to the Design Committee subject to the following conditions: (1) Submission of an application to the Staff Coordinator, setting forth the proposed revision in sufficient detail to permit adequate review of the same. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. (2) In determining whether or not a proposed change constitutes a Minor Alteration or Revision, the Code Enforcement Officer, Planning Officer and Chair of the Design Committee (or, in his or her absence, the Vice Chair or, in both their absences, the senior member of the Committee in time of service) that the proposed change constitutes a minor revision and does not require Committee approval. § 71-13. Signs. A. Requirements for applications involving signs: (3) A scale drawing of the sign. (4) A depiction or sample of the means of sign installation, including attachment or mounting to the building. (5) Materials, colors, lettering, and finishes. (6) Any other information and documentation the Planning Division or Code Enforcement Division considers necessary. B. 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. C. Determination. In determining whether or not proposed work receives approval, The Code Enforcement Officer or their designee, and the Planning Officer or their designee shall apply the evaluation standards set forth in § 71-11 or § 71-11.1. Additionally, all signs must comply with the regulations contained in Chapter 260, Signs. D. Approval. If the Code Enforcement Officer or their designee and the Planning Officer or their designee each determine that the proposed work meets the evaluation standards set forth in § 71- 11 or § 71-11.1, 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 71:9 19-176 MAY 13, 2 019 within 12 months of approval. [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. E. 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 shall not be approved. [1] If disapproved, the applicant may submit an application for either Minor Alteration or Revision or Design Review for consideration at a meeting of the Design Committee, along with the fee required under § 109-1. § 71-14. Violations and penalties. Any person, firm or corporation being the actual or constructive owner of any building or premises which is adjudged to be in violation of any of the provisions of this chapter shall be guilty of a civil violation and, on conviction, shall be fined not less than $10 nor more than $100. Each day such a violation is permitted to exist after notification shall constitute a separate offense. Any fines imposed pursuant to this chapter shall inure to the benefit of the City of Bangor. § 71-15. Legal actions. The City Solicitor or his representative is hereby authorized and directed to institute any and all actions and proceedings, either in law or in equity, that may be appropriate or necessary to obtain compliance with the provisions of this chapter. 71:1 ARTICLE III Property Rehabilitation Standards § 71-14. Applicability. 19-176 MAY 13, 2 019 The provisions of this article shall apply to all exterior improvements to existing properties within the Area. It is required that all exterior improvements shall be made in accordance with the provisions and objectives of this chapter. Over and above the codes and ordinances of the City of Bangor, the provisions contained in this article shall be applied to all properties within the Area, whether occupied or vacant. § 71-15. General requirements. All work performed in compliance with this chapter shall be done in a workmanlike manner and according to accepted standards of the building trades. Materials used in making repairs shall be of a quality suitable for the purpose and of a kind normally used to accomplish the required repairs. All structures and lots must meet the minimum property standards. In addition to the mandatory minimum property standards, any application for repairs, replacements or reconstruction of the exterior of any buildings or structures within the Area, other than for maintenance of the existing exteriors, shall conform to the minimum design standards. § 71-16. Exterior walls (front, side and rear). A. Minimum property standards. (1) All of the visible exterior walls of all structures located in the Area shall be included in this requirement. (2) All exposed and visible surfaces shall be repaired, cleaned or painted to present an acceptable appearance. (3) All defective structural and decorative elements of building fronts and sides abutting on or visible from streets shall be repaired or replaced in a workmanlike manner to maintain as closely as possible the architectural character of that building. All damaged, sagging or otherwise deteriorated storefronts, signs, show windows or entrances shall be repaired or replaced. (4) All miscellaneous unused elements on the exterior walls of the structures, such as empty electrical boxes, conduits, pipes, unused sign brackets, etc., shall be removed. (5) All brick and concrete walls shall be cleaned, repaired and repainted or painted as required by the Design Committee or the Code Enforcement Officer. Unfinished concrete block walls shall be painted. (6) All natural stone walls shall be cleaned, repaired and painted as required by the Design Committee or the Code Enforcement Officer. 71:11 19-176 MAY 13, 2 019 (7) All stucco surfaces shall be cleaned and repaired as required by the Design Committee or the Code Enforcement Officer. Repaired and new stucco surfaces shall have a continuous and even finish, with no patching visible. (8) No new formstone finishes shall be permitted. All defective formstone finishes shall be restored or removed and the walls behind them restored. (9) Existing wood siding materials, in sound condition and permissible under the provisions of Chapter 113, Building Construction, of this Code, shall be cleaned, stripped and painted, if necessary. (10)AII gutters and rainwater leaders must be in good condition and shall be repaired or replaced as necessary and shall be neatly located and securely installed. In no case shall drainage from such building elements flow onto the public right-of-way. (11)AII cornices, upper floor windows and all other portions of a building containing metal or wood trim shall be made structurally sound. Rotten, rusted or weakened portions shall be removed and repaired or replaced to maintain as closely as possible the original architecture. All exposed metal or wood shall be painted or stained or otherwise treated for protection. B. Minimum design standards. (1) All of the visible exterior walls of all structures located in the Area shall be included in this requirement. (2) All exterior walls which have not been wholly or partially resurfaced or built over shall be repaired and cleaned or painted in an acceptable manner. Brick walls shall be pointed where necessary to match existing bond. Painted masonry walls shall have loose material removed and be painted a single color, except for trim or decorative details which may be another color. Surfaces shall be painted with products and employing application methods that will prevent early deterioration. Patched walls shall match the existing adjacent surfaces as to materials, color, bond and joining. Cleaning of masonry walls by means of sandblasting shall not be permitted. (3) Brick walls shall be either preserved in their natural state or painted. (4) Real or simulated wood shakes are not considered to be compatible with this renewal area, and new applications of these materials will not be permitted. (5) Gutters and downspouts shall be prepainted, baked enamel, nonferrous material or painted and shall be compatible with other building colors. (6) The removal of cornice work without prompt replacement will not be permitted. New cornices shall be compatible with the architecture of the building. § 71-17. Roofs. A. Minimum property standards. 71:12 19-176 MAY 13, 2 019 (1) Roofs shall be kept free of trash, debris or any other element which is not a permanent part of the building or a functioning element of its mechanical or electrical system. (2) All chimneys, elevator penthouses or other auxiliary structures on the roofs shall be cleaned and in good repair. All deteriorated masonry chimneys shall either be removed or restored. B. Minimum design standards. (1) Television and radio antennas shall be located so as to be as inconspicuous as possible from the sidewalk across the street. (2) Rooftop mechanical equipment shall be located in such a way as to minimize its visual impact. Functional equipment may be retained until major repair or replacement of the equipment becomes necessary, at which time it shall be repositioned as above. All mechanical equipment shall be painted with a flat paint in a color to minimize visibility. (3) Any new mechanical equipment placed on a roof shall be so located as to be hidden from the street in so far as practical and be as inconspicuous as possible from other viewpoints. New equipment shall be screened with suitable elements of a permanent nature finished as to be compatible with the rest of the building. Where such screening is unfeasible, equipment shall be installed in a neat, presentable manner and shall be painted in such a manner as to minimize its visibility. (4) Where possible, metal chimneys shall be located so that they cannot be seen from the sidewalk across the street either in front of or to one side of the building. (5) Dormers and the materials of which they are composed shall be compatible with the design of the building's roof and street facade. (6) Other elements added to the roof, such as skylights and solar panels, shall be as inconspicuous as possible. § 71-18. Windows. A. Minimum property standards. (1) Windows not in the front or side of the building shall be kept properly repaired or, with Fire Department approval, may be closed, in which case sills, lintels and frames must be removed and the opening properly closed to match the materials, design and finish of the adjacent wall. (2) All windows must be tight -fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints or loose mullions or muntins shall be replaced. All broken and missing windows shall be replaced with glass or approved clear glazing. All exposed wood shall be repaired and painted. (3) Window openings in upper floors of the front and all visible sides of the building shall not be filled, boarded up or covered by any signs. Windows in areas of the upper floors may be backed by suitable curtains, blinds, interior wood shutters or other approved materials. 71:13 19-176 MAY 13, 2 019 Window glass at any floor shall not be painted, except as otherwise permitted herein. (4) The lintels over windows shall be preserved or restored. Rotten wood lintels shall be replaced. Brick archwork and stone lintels shall be restored. (5) All windows, frames and mullions shall be kept in good repair and properly painted. B. Minimum design standards. (1) The use of exterior shutters shall not be allowed in cases where shutters would not be compatible with the architecture of the building. (2) All of the windows in a single facade shall be of matching design. All window openings shall have the same height and width they did at the time that the wall in which the openings are located was originally built. Filling in these openings at the top, bottom or sides is not permitted. The following additional requirements shall apply for all new windows: (a) All windows shall have frames, sash and mullions of a material and design appropriate to the architecture of the building. Wherever possible, the original number of window lights shall be retained or the similar proportion and scale of lights in a window shall be retained. (b) Ornamental windows, grilles and balconettes may be incorporated as a decorative or security device. (c) Windowsills shall be preserved, replaced and restored to maintain the original design of the building. (d) Installation of exhaust fans, vents and air units in front windows is discouraged. However, where there is no other alternative, the unit should be painted in a color that makes it as inconspicuous as possible or shall otherwise be suitably screened. (3) However, compliance with the requirements of Subsection B(2) above can be waived by the Design Committee where: (a) Structural change to a level of the building would make the matching of windows impractical. (b) The original design of the building or a major adaptation does not meet this requirement. § 71-19. Storefronts. A. Minimum property standards. (1) A storefront as a part of the building facade shall be defined to include: (a) The building face and the entrance area leading to the door. (b) The door, side lights, transom, show windows, display platform, devices, including 71:14 19-176 MAY 13, 2 019 lighting and signing, designed to be viewed from the public right-of-way and/or the areas designed to be visible to the public prior to entering the interior portion of the structure. (2) All extraneous and unused hardware, signing and equipment shall be removed. (3) All broken, rotten or damaged elements shall be removed and replaced. All damaged, sagging or otherwise deteriorated doorfronts, show windows or entrances shall be repaired or replaced. The practice of patching or laying materials one on top of the other is not permitted. Damaged parts shall be replaced so as to be unnoticeable as replacement parts. (4) Soft awnings. Torn, frayed, faded or dirty awnings shall be reconditioned, repaired, cleaned or replaced. Unused awning boxes and hardware shall be removed. (5) Show windows shall not be painted for advertising purposes. (6) No temporary or permanent sign affixed or placed against the inside surface of a show window shall exceed 25% of the area of that show window. B. Minimum design standards. (1) A storefront as a part of the building facade shall be defined to include: (a) The building face and the entrance area leading to the door. (b) The door, sidelights, transoms, show windows, display platforms, devices, including lighting and signing, designed to be viewed from the public right-of-way and/or the areas designed to be visible to the public prior to entering the interior portion of the structures. (2) All elements of the storefront, including awnings, show windows, entrances, signs, lighting, sun protection, security grilles, etc., shall be compatible with the architecture of the building, except in those cases where a deviating storefront possesses independent historic or architectural value. All such elements shall be located no higher than one inch below the second story windowsill line. (3) At such time as sign panels covering or replacing store cornices are removed, the cornice shall be restored or replaced with compatible material. (4) Materials used on storefronts shall be compatible with the architecture and materials used on the building itself. Other factors, such as durability, ease of maintenance and historical compatibility of materials, shall be considered in relation to future material installations. Formstone, real or simulated wood shakes or any other material not approved by the Design Committee shall not be permitted for any future use. All such materials now in use shall be kept in good repair or shall be removed. (5) Soft awnings. (a) Existing retractable awning boxes or fixed awning hardware on storefronts shall be reconditioned to accommodate an awning which shall be compatible with the building 71:15 19-176 MAY 13, 2 019 design. Otherwise, boxes and hardware shall be removed. (b) Awnings, if desired, are to be installed along the full width of existing awning boxes and frames and on upper floors over windows only. (c) The materials must be flameproofed, and the material and any graphics or striping shall be compatible with the building architecture. (d) Rigid or fixed awnings, sunscreens or permanent canopies are not permitted on any portion of the building front unless the Design Committee determines, in addition to the other requirements of this chapter, that the proposed awning, sunscreen or permanent canopy is: [1] Compatible with the topography of the area. [2] Customary and incidental to the activity being housed in the building or appropriate for that location due to unique circumstances. [3] Compatible with similar elements of adjacent properties. (e) Awnings shall not be designed so as to prevent vehicular movement at the curb or to interfere with improvements to the public right-of-way, such as streetlights, landscaping and street furniture. Awnings shall not be lower than seven feet above the sidewalk and one foot inside the curb and shall otherwise conform to the provisions of City ordinances. (fJ Street level awnings shall terminate against the building at a height not to exceed one inch below the second floor windowsill or not higher than the bottom of a first floor cornice, unless it exists as a part of the cornice. (6) Solid or permanently enclosed or covered storefronts or painted show windows or show windows replaced by solid materials shall not be permitted unless treated architecturally as an integral part of the building facade and compatible with these standards. Where the window treatment of the first floor is to be modified, these new window openings shall not be smaller in size than the openings of the second or third floor windows. These new windows shall be compatible with the upper windows in the structure. (7) New storefronts that project beyond the property lines of the stores are not permitted; provided, however, that such a storefront projection may be permitted if authorized by and located within an identifiable equitable property interest of record. Where the original front is behind the property line and where a new protecting front would not be disruptive to adjacent stores and is compatible with the building architecture, a new front may be installed up to the property line. (8) All new storefronts shall provide, where practical, a streetside hose bibb to provide water for storefront and sidewalk cleaning and to aid in watering street trees. (9) Show windows may be painted for identification of the place of business when authorized by the Design Committee; provided, however, that said identification shall not exceed 10% of the area of that show window. 71:16 19-176 MAY 13, 2 019 (10) Decalcomanias one square foot or less in area may be affixed to show windows or entrance door windows when the same are supplied by credit card companies and carry no text or message other than the identification of such companies. (11) Doorways and entrances. In cases where there are doorways to buildings that are not incorporated in the storefront, the character of the original doorway shall be preserved, where possible. The original style of these doorways, if possible, shall be incorporated into the design of the remodeled storefront. The following additional requirements shall apply to all doorways and entrances: (a) Storm and screen doors and hardware visible from the outside shall be compatible with the entrance doors. (b) Any grilles, bars and grates covering doors or windows shall be designed to be as compatible with the architecture of the building as possible. (c) Doorways and entrances shall be designed with consideration for the needs of the handicapped and the elderly. § 71-20. Signs. All signs must comply with the regulations contained in Chapter 260, Signs. A. Minimum property standards. (1) No sign, billboard, advertising display or structure, poster or device shall be erected, hung, affixed, moved, altered, enlarged, reconstructed, replaced or displayed in the Area except as expressly permitted herein. (2) Signs shall be maintained in good repair. (3) Temporary sale signs may be displayed within storefront windows, provided that these signs shall not cover more than 25% of the area of the windows in which they are displayed and are on display not more than 45 consecutive days. (4) No signs other than those identifying the property where they are installed or identifying the use conducted therein shall be permitted. Advertising by materials or product manufacturers and suppliers shall not be permitted. A logo, decorative initial, trademark, symbol, etc., may also be used as part of the sign. (5) Rooftop signs, signs above the parapet of a building, billboards and other outdoor advertising signs painted or mounted on structures other than billboards, except as otherwise herein provided, shall not be permitted. All existing rooftop and facade -mounted sign brackets and hardware shall be removed. (6) Flashing or moving signs other than barber poles and time and/or temperature signs shall not be permitted. 71:17 19-176 MAY 13, 2 019 (7) Painted signs on building surfaces are prohibited, except as may otherwise be provided herein. (8) Flags or banners may be displayed as long as the poles are maintained in good condition. Materials of the flags or banners shall not be faded, torn or frayed. B. Minimum design standards. (1) Size, shape, letter style(s), design, type illumination and/ or method of installation of all new and existing signs shall be compatible with the architecture of the building. Design of signs by graphic designers is encouraged. (2) Materials employed for construction of signs shall be durable and weather -resistant. Use of plastics or similar materials is discouraged. (3) Signs shall be designed in a manner so that they do not interfere with important architectural details (e.g., cornices, carved friezes or arches) of the building. (4) Placement entirely on a flat portion of the facade or on an area entirely within the confines of an opening and lined up with architectural details or elements is required. (5) Signs identifying the occupant shall be permitted at rear entrance and delivery doors but shall not exceed two square feet in area and may be illuminated. (6) No new marquees shall be allowed on buildings other than operating theaters or hotels or when marquees are customary and incidental to the operation of the activity being housed in the building. When rehabilitated, an existing marquee shall be redesigned so that it is compatible with the architecture of the building. (7) Signs in the form of letters, symbols or other graphics may be incorporated in the design of any awning included in the design of a storefront, provided that such signs are compatible with the architecture of the building and the awning. (8) Signs may be painted on the inside surface of the show window, and permanent sign panels may be hung inside the show window but must be designed to be compatible with the architecture of the facade and the text related to the business. Signs painted on the inside glass and sign panels shall be limited to lettering no greater than six inches in height. When these signs are the only identifying sign for the property, they can use twelve -inch lettering. (9) (Reserved) (10)Signs which are an integral part of the building structure and compatible with the original architecture of the building are permitted. (11) Flat signs shall be incorporated in the design of the storefront. If the storefront design includes a cornice, the sign may be incorporated in the cornice design. (12) Neon tube signs are permitted in the form of a neon graphic where a light symbol is supplied by neon tube which is bent to form letters, symbols and other shapes, permitted 71:18 19-176 MAY 13, 2 019 only as single tubes on flat signs above a show window and on the inside of and behind show windows as provided for herein and as provided for in § 71-21B(4)(f) of this chapter. (13) Perpendicular signs and their hanging hardware shall be compatible with the architecture of the building to which attached and coordinated with neighboring structures. (14) Flags and banners shall be compatible with the architecture of the building to which attached and neighboring structures. Banners should be displayed only from buildings at least two stories high and shall not be less than 10 feet above the sidewalk. (15)Super graphics or murals are a special form of outdoor art, and the Design Committee may permit their application on wall surfaces that are predominantly blank, except where it would detract from the architectural significance or historic value of the building or adjacent properties, upon submission and approval of full-color drawings of the intended super graphic or mural. § 71-21. Lighting. A. Minimum property standards. The following lighting methods are not permitted for signs and buildings: (1) Exposed fluorescent lighting. (2) Exposed quartz or mercury vapor lamps. (3) Exposed incandescent lamps other than low wattage, purely decorative lighting and neon as provided for herein. B. Minimum design standards. (1) Exterior lighting shall be limited to lighting fixtures designed to be in harmony with the character of the buildings. Floodlighting, concealed above a shopfront cornice, may be used to light the facades of buildings. Lighting of the shops will be encouraged during the evening hours at times agreed upon by the merchants. (2) Lighting of the facades of the buildings may be accomplished with projecting fixtures at the roofline or at the shopfront cornice line. Such fixtures shall be inconspicuous and compatible with building architecture. (3) All lighting and electrical elements, such as wires, conduits, junction boxes, transformers, ballasts, switches and panel boxes, shall be concealed from view where possible. (4) The following lighting methods are permitted for signs and buildings: (a) Fully recessed fluorescent downlights or wall washers in a valance box. The box must run the full length of the storefront at the top of the sign area. (b) Internally illuminated box signs and individual letters or backlit (halo) letters. 71:19 19-176 MAY 13, 2 019 (c) Fully recessed downlights or wallwashers in a projecting metal box. The box must run the length of the storefront at the top of the sign area. (d) Shielded fluorescent lamps with diffusers in a projecting metal box. The box must run the full length of the storefront at the top of the sign area. (e) Gooseneck incandescent, porcelain enamel reflector on bent metal tube arm. The housing must prevent glare at pedestrian eye level. (f) Neon tube illumination in the form of a neon tube graphic where a light source is supplied by a neon tube which is bent to form letters, symbols or other shapes in various colors is permitted as flat signs above a show window when enclosed in a sign box and protected by a glass front and on the inside of show windows. § 71-22. Parking areas, yards and vacant lots. A. Minimum property standards. (1) Parking areas. All driveways, parking areas, walks and plazas shall be suitably surfaced with a hard, dust -free material and shall be maintained in a neat and clean manner. (2) Yards and vacant lots. All yards and vacant lots shall: (a) Be graded in such a way as to provide satisfactory drainage and an even, smooth surface. (b) Be kept clean of all trash and debris. (c) Be landscaped and provided with trees and shrubbery in a manner deemed appropriate by the Design Committee for the purpose of achieving the goals of this chapter or screened from public view by fencing material or dense plantings compatible with neighboring properties. (d) Be maintained in a clean and neat manner. B. Minimum design standards. All work done to parking areas, yards and vacant lots shall be done in such a manner as to comply with the minimum property standards. § 71-23. Exterior appurtenances. A. Minimum property standards. Exterior appurtenances and accessory structures which serve no useful purpose or those in a deteriorated condition which are not economically repairable shall be removed. Such structures include porches, terraces, entrance platforms, garages, carports, walls, fences and miscellaneous auxiliary structures. B. Minimum design standards. All work done to exterior appurtenances shall be done in such a manner as to comply with the minimum property standards. 71:20 19-176 MAY 13, 2 019 § 71-24. Fire escapes. A. Minimum property standards. All existing fire escapes which are not required by law or ordinance for utilization of the upper floors of buildings located within the Area shall be removed. All remaining fire escapes shall be painted and maintained in a manner compatible with the building upon which the same are located, with the intent to minimize their visual impact. B. Minimum design standards. All work done to fire escapes shall be done in such a manner as to comply with the minimum property standards. 7 1:2 1 ARTICLE IV Appeals § 71-25. Board of Appeals. 19-176 MAY 13, 2 019 A. All appeals concerning any decision, order, rule or failure to act under the provisions of this chapter shall be heard and decided by the Board of Appeals (as established under Chapter 6, Article I of this Code) in accordance with the provisions contained herein. The word "Board" when used in this chapter shall be construed to mean the Board of Appeals. B. Duties and responsibilities. The duties and responsibilities of the Board of Appeals shall be as follows: (1) Administrative appeals. To hear and decide where it is alleged that there is an error in any order, requirement, decision, determination or interpretation made by the Design Committee or the Code Enforcement Officer. The challenged action may be modified or reversed by the Board by a concurring vote of at least four of its members; provided, however, that the Board shall not substitute its judgment for a determination by the Design Committee or the Code Enforcement Officer relative to the appropriateness of existing or proposed exterior characteristics of a building or premises within the Area. The appealing party shall have the burden of demonstrating the existence of the alleged error. (2) Variance appeals. (a) To hear and decide where it is alleged that practical difficulties or unreasonable hardships in the literal enforcement of this chapter warrant a variance from the requirements contained herein. A financial hardship shall not constitute grounds for the granting of a variance. Before the Board may exercise its discretion and grant a variance on the basis of alleged practical difficulties, the record must show that: [1] The variance will not adversely affect the objectives of this chapter. [2] The variance is not inconsistent with the intent and purpose of this chapter. [3] A relaxation of the terms of this chapter would not be contrary to the interests of the public. [4] Special site or structural conditions make it impractical or impossible to carry out certain requirements of this chapter. [5] The variance will not alter the essential character of the property for which it is sought or its neighborhood nor adversely affect the harmonious relationship of the property to its surrounding environment. (b) In addition, in situations in which it is alleged that compliance with this chapter would constitute an unreasonable hardship, the record must show that: [1] The cost of compliance is unreasonable in comparison to the overall benefit to the Area which would be derived from compliance with this chapter. 71:22 19-176 MAY 13, 2 019 [2] The alleged hardship includes substantially more than inconvenience or inability to attain a higher financial return. [3] The plight of the applicant is due to unique circumstances arising out of conditions peculiar to the property in question. (c) In the granting of variances due to unreasonable hardship, the Board shall give due consideration to the potential effect of such a variance on the rehabilitation efforts of other property owners within the Area. The Board may grant a variance only by a concurring vote of at least four of its members and, in so doing, may prescribe such conditions and safeguards as it deems appropriate for carrying out the intent and purpose of this chapter. § 71-26. Appeal procedure. A. The procedures for all appeals taken under this article shall be the same as those established by Chapter 23, Article I, Board of Appeals, of the Code of the City of Bangor. B. 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