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HomeMy WebLinkAbout1982-08-09 82-222 ORDINANCEE •Y�` 82-202 Introduced by Councilor MCReinan, August 9, 1983 CITY n OF BANGOR (TITLE.) WCb[nra=, Adoptih� Chapter RIv of. the Lewd end Ordi a of the City of Bangor - Bahgcr Center Revitalization Area Ordinance - Be it ordaiad 6y W Cttg Coosut of City of Bangor, a fR - - .WHEREAS, the City Council of the City of Bangor hereby determines that the adoption and enactment of the 'Bangor Center Revitalization Area Orilpance a the City of Bangor" is necessary send appropriate to implement and complete its duly adopted community development programs for the o-Jerall revitaliZation of dowatowa Badger; WOW, THEFEFOREr BE IT OBTAIN® 17C TEE CITY COMCIL OF TBE CITY OF B WR THAT Exhibit A attached hereto and incorporated herein by reference, entitled 'Bangor Center Revitalization Area Ordinance of the City of Bangor' is hereby adopted and enacted as Chapter M of the That and Ordinaneea of the City of. Bangor. STATEMENT OF FACT: This Ordinance is adopted end enactedpursuant to the sathority vested in the City of Bangor by 30 M.R.S.A. 9§1917, 2151, and 4853 and the Bangor City Charter. IN CITY COUNCIL 'r August 9, 1982 Consider 2nd Meting in September Referred to Code s Ordinance Co 'ttee .and to the a nniug Board. Deput City Clerk IN CITY COUNCIL September 27, 1982 -- Consider 2nd meeting in October. (CITY cIaNN: -- e2-222 ORDINANCE ( TIME,) Adopting Chapter XIV of the Lathe and prdinmC a of the City of Bangor - Bangor center aevitalizetion Area Ordinance In City Cm,ncll October 25,1982 Consider Ist i mezow �eet+n.-g ii -nn December CI k Y. 13,1982 In City Council Deceting in January Vote Ser 2nd meeting 1n es Brow Vose 8 Yen I No Voting yes Soucy, Cox, Davis, Freekel,loing No hcy, NaymoutM1, Hilley Voting No Cass CIt§ Clerk In City Council January 29,1983 Consider 2nd meeting in Febuary C ty Clerl FSM In City Councll February 25,1983 coon`sidd`eer� leet�/mMeeUng in April � Cites ty derk . IN CITY CCUWIL April 11, 1983 'Vote to amend passed by the following yes and no votes. Councilors voting yes: drove, Cox, Davis, Frankel, Jordan, Soucy, Weymouth ane Willey. Councilor voting no: Cass. financed by addition Is Seed. Vote for passage as amended Disease by the following yea and no votes. Councilors voting yea: Brown, Cox, Davis,. Frankel, Jordan, Soucy Weyesuth age Willey. Couttilor voting ou. G/ash/) Pa's�s/e Ave,O"fid. I017 w CITY CIERK ry q. BANGOR CENTER REVITALIZATION AAEA ORDINANCE (TITLN) This Ordinance herein adopted as Chapter 14 of the Laws and Ordinances of the City of Bangor shall he known and Day be cited as the ^Bangor Centex Revitalization Area ordinance of the City of Bangor", and shall he referred to herein as this "ordinance". AnI-�f5uoii:Il\I ARTICLE 1-STATEMeET OF PURPOSE This Ordinance is adopted in accordance with the Charter of the City of Bangor and the laws of the State of Maine for the following-purposest 1) to promote the public health, safety, convenience, cnsfort, aesthetics, property, and general welfare of the inhabitants and property owners a the City oP Bangor; 2) to encourage and promote a public and private partnership for the purposes of revitalising the Bangor center Area (hereinafter ^Area"); '3) to bring bout a general physical improvement in the Area through the rebabilttatim oP existing structures located therein; 4) to eliminate deterioration andblight by mandating the repair and/or replacement of the exterior surfaces of existing 'structures located in the Area; 5) to achievestandards of design of exterior surfaces which imp ave or preserve the architectural character of the existing buildings located within the Area; 6) to prorate architectural compatibility with surrounding buildings through harmonious treatment a facades when those buildings o facades are historically compatible; to establish a positive and identifiable image for the Area for the purposes of encouraging private fnveataent, increasing the stability of property values, and anhaneing the Area's econanic viability; 8) to avoid higher public costs associated with deteriorated or declining areas; 9) to protect and encourage both private and public investments in the Area; 10) to promote the development of'a vibrant and vible community by encouraging the expansion of economic opportunity in the Area; ll) to provide attractive exteriva by repairing or refinishing building Surfaces, windows, and other visible features; 12) to establish mdniam property rehabilitation standards for properties located within the Area; and 13) to define the powers and duties of the administrative officers sad bodies, as provided hereinafter. -1- ARTICLE 2 - GENERAL PROVISIONS Sec. 1B 0r Centes Aevitalizatiop Area. The Bangor Center Revitalisation Area hereinafter Area shell enc®peas and include all properties located within the boundaries delineated on the Bangor Center Revitalization Area Map attached hereto on Exhibit A and incorporated herein by reference. Sec. 21 Regulation. Every build ung, structure, or land within the Area shall be rehabilitated by their owners, in accordance with the prerisions contained herein, to comply with the Madonna Property Rehabilitation Standards set forth in this. ordinance. In addition, apy exterior rehebili- CBttVe.IDiintepan c chlbrdbad not"alter the architectural.. design of the ia�d-0' lug,- stru tyre,., or daement thereof OR emergency repairs) to say' building, structure or land within the Area shall comply with the Design .Property Rehabilitation Standards set forth in this Ordinance. Sec. 3 Scene. Tne provisions of this Ordinance shall not be construed to repeal, abrogate, awul or in aqv manner impair or interfere with the provisions of other laws or ordinances, except those specifically repealed by this Ordinance. Where this Ordinance imposes a greater restriction upon land, building, or structures than is imposed by any other provision of law or ordinance, the provisions of this Ordiruvice shall prevail. Sec. 4 Severability. If any section, subsection, sentence, clause, phrase o other portion of this Oxdiuence is for way reason held invalid or uncon- stitutional by espy coat of competent Jurisdiction,. such portion shell be deed a separate, distinct and independent provision and such determination shall act effect the validity of the remainder of this Ordinance. See. 5 Construction of Lange%e. In this Ordimnce, certain teras or words shall be interpreted as follows: 1Teword "person" includes a firm, association, organization, partnership, trust, compary or corporation as well as an imdividual; the present tense includes the future tabor, the singular numberincludes the plarsl, and the plural includes the singular; the word "shall" is mandatory, and the wora in permissive; the word 'building" includes the word "structure"; the words "property own shall mean the owner of record in the Penobscot County Registry of Deeds. Terms not defined shell have the customary dictionary ening arta shell be construed to be consistent with the - provisions of this Ordimnce. -2- ARTICLE 3 - AIWENfSTAATION AND ENE'orecEBO'.MS Sec. 1 Administration and Enforcement. The administration and enforcement of this Ordinance shall be the responsibility of the Zoning end Code Enforcement Administration Officer, hereinafter referred to as the "Code Enforcement Officer". Sec. 2 Powers and Duties. The Code Enforcement Officer shall be vested with full authority and responsibility for the enforcement and admin- istration of this Ordinance, including, but not limited to the following powers end duties; A. Inspection of each property in the Area to detexmfne whether the property is in conpliance with the Minimum property Rebobilitatlon Standards set forth in this Ordinance. To accomplish said inspections, the Code Evfoxcement'Officer, or his duly authorized representative, in hereby authorized to enter in or open any building, structure, or'premises located within the Axes at any reasonable time for the purpose of making inspections mad performing his duties under this Ordinance. B. If the Code Errforcesent Officer shall find and determine that any, property does not comply with the provisions of this Ordinance, he shall notify the property owner in writing, in accordance with the provisions of this Ordinance, of said determination and shall woke recommendations end/Cr orders as to the corrective measures necessary to bring the property into compllancewith this Ordinance. C. Review of all designs, plans and/or sketches for all improvements, modifications, repairs, installations, rehabilitation or painting (where the estimated fair market value cost for the materials, supplies, d/�or labor for the same is leas than $1,000) which affect: a) the exterior of wristing buildings or structures, b) signs, c) awnings, d) exterior lighting, a) show windows, f) roof a, g) rear yards or open space, orh)vacant lots to ascertain whether or not said designs, plans, aWor sketches for the contemplated work couform to the requirements of this Ordinance. D. Approval of such degignm, plans, and/or sketches specified above so the Code Enforcement Officer determines; to be in accordance with the provialwa of this Ordinance. E. In the event that the Code Enforcement Officer does hot approve a design, plan, or abates under this Section, the applicant may, request an independent review of the same by the Design Committee. Said request must be in writing, and shall be processed in accordance with Article 3. Sec. 5 of this Ordinance. -3- F. Review and inspection of the rehabilitation of properties at various stages a completion to ensure that the same is conducted and completed in accordhusce with ary approved designs or plana sM the requirements of this ordinance. In the event that the Officer determines that the rehabili- tation is not in accordance with the apprmred designs or pla.va and/or the requirements of this Ordinance, he shall so notify the property owner in writing. said notice shall indicate the nature of the violations and order au1c action as deemed necessary or appropriate to correct the same. Sec. 3 Permit Required. He exterior of an existing building or structure, storefront display window, roof, window,awning, entrance, sign, Sighting, . appurtenances, or land located within the Area shall be altered, improved, codified, repaired, rehabilitated, or painted until a permit therefor has been issued by the Code Enforcement Officer. provided, however, that a permit ahall not be required for emergency or minor maintesance repairs which do not materially alter the existing exterior elements a the building or structure. No permit shall be issued until the proposed activity complies with the provisions of this Ordinance. Furthermore, no peanit shall be issued for work with an estimated fair market value coat of $11Oo0' or re for naterlala, supplies, and/or. labor'wntilShe proposed activity has been approved,:by the Revitalisation Area Design Review Committee (hereinafter "Design Comnittee") pursuant to this Ordinance. In situations Where a certificate of appropriateness is required froom the historical Preservation Commission, no permit under this Ordinance shall be issued until said certificate a appropriateness hes been issued by the Commission. The isaawbee ofcoolsa certificate by the Commission shall be determinative of the campatdblllty of the proposed design or plan with the architecture of the building. All applications for a peruit shell be 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, colors (including color Mips, if requested), materials (including samples, if requested), signs, lighting, awning, and other architectural features. Said plan or design shell be prepared to aecapteble standards as determined by the Code Eerforcement Officer or Design Committee. In addition, the Officer or Canadittee is hereby authorized to require Such additional information as may be deemed necessary or appropriate for the proper adminlstration and enforcement a this Ordinance. The Code Enforcement Officer may accept a sketch outlining the proposed work for projects which do not require Design C®Ittee approved. For projects which require Design Committee approval, the Code Enforcement officer shall refer the application to the Design Committee within ten (10) days of his determination that the application is in order. Once the Design Committee has approved un application under this Ordinance and the building or Structure in question confovma to the requirements of this Ordinance, further Design Committee review and approval mill not be required for Me following activities: (1) repainting of exteriorelementsof the building or Structure in accordance with precdously approved color schemes; (2) emeagency repairs to exterior elements of the building, such as replacement of glass or other broken doororwindow alemeutss (3) renovation or repair of signs which does not depart frmm the design, approved by the Committee; (4) minor repairs, as long as said repairs He not alter the design approved by the Committee. These activities may be carried cut without a permit under this Ordinance provided that notification of said activities is filed in writing with the Code Enforcement Officer. Sec. 4 Revitalization Area Dear Review Committee EataDllahed. A Revital- ization Area Design. Review Committee is hereby established in the City a Bangor for the purpose of reviewing certain applications under this Ordinance to ensure compliancewith the objectives and rehabili- tation standards contained hereinThe words "Design Committee' when used in this Ordinance shall be construed to mean the Revitalisation Area Design Review Committee. A. Appointment and Composition. The Revitalization Area Design Eeview C®ittee shall consist of seven (7) members. The members shall be appointed annually by the City Council in acoardance withthe following: she member from the Planning Bootle one member from the Historic Preservation Commission, two members frmm the public at large who Shall be residents of the City of Bangor, MAL three Ensnare from the Area who shall be either owners or tenants of property within the Area. Each member shell serve until a successor has been appointed. The Design Committee shall annually elect Chairperson and Secretary from its mco0ership. Tice secretary shall keep the minutes end records of theproceedings of the Design Commmtttee,said minutes shall an" the vote oP Sooh member upon each question. Each mmmber present at a meeting a Me Design Committee shall vote on all items before the Committee, unless excused by the Committee from voting on an Item Sue to a conflict of.interest. A quonm shall consist of Pour (4) members, but a amellor -Ember See, adjourn a meeting from one time to another. Except se specifically provided in this Ordinance, all actions or determinations of the Design Committee Shall require at least four (4) affirmative votes. The Planning Officer and City Engineerof the city of Bangor shall Serveas ex -officio members of the Revitalization Area Design Review Cmmmittee. B. maties and Responsibilities. The Design Commlttee'Shall have the foltowing.duties ar t sespovsfbflitiee under MIS eidinence: 1) Review of all prelhmlna and final designs and/or plans for all impawements, modifications, repairs, installations, rehabilitation, or painting (accept for emergency or mdaer maintenance repairs or rehabilitatim work with an estimated fair market value cost of less thea $1,0oo Tor materials, supplies, and/or labor) which effect: (a) the exterior oP existing buildinga or structures, (b) signs, (c) awnings, (d) exterior lighting, (a) show wiadnws, (f) rooTa, (g) rear Ycools or open spaces, or (h) vacant lots to ascertain a@ether or not said designs or plane for the contemplated work conform to the requirements of this Ordinance. Such review shell be in accordance with the provisions aT this Ordinance. 2) Approval of such designs or plans as the Design Comnittee determines to be in accordance with the previsions of this Ordinance. 3) Assistance to property owners in the development of acceptable rehabilitation designs or plana to bring their properties into compliance with the provisions of this Ordinance. 4) Review of properties within the Area and formulation of written rec�endatima to the property amere outlining nuggestioas as to such nem -mandatory facade improvements an meq be deemed appropriate for the building in question. Sec. 5 Compliance Requirements sad Review Procedure. A. Subsequent to inspection of the properties as flet forth in See. 2 of this Article, the Code Enforcement Officer shell eeke written notification to each property owner, arui/or such other persons as he finds to be responsible for the property in question, whose property dean not conform to the rehabilitation standards set forth in this Ordinance. Said noticeshell specify the respects in which the property fails t0 amply with said standards and shall specify the connective measures required to bring the property into compliance with this Oadinaace. Said noticeeh=n be deemed to be properly served upon the owner or responsibleperson if a copy is delivered to him personally or sent by certified mail to his last known address with return receipt requested. In the event that the .certified notice is returned with receipt showing it has not been delivered, as eshail be sufficient if a copy of said Notice is posted in aconspicuous place in or about the structure affected by said Notice and published in a newspaper of general cdreulation at least once a week for three (3) coneemtive weeks. B. Within tbree months from the date of the notice referred to Dore, the property owner, or his agent, shell avbmdt an application and preiimin plans to the Code Enforcement Officer. Said application and plans shall: conform to the requirements of submission set forth in this Article, addreas all of the violations contained in -6- the notice, and contain information p other rehabilitation work contemplated by the ower. In addition, a property owner may, on his own initiative, submit an application and plane for review which shall be reviewed in accordance herewith. For rehabilitation work with an estimated fair market value cost of less than $1,000 for materials, supplies, e nor labor, the Code Enforcement Officer shall review the submitted plans and application within thirty (30) m days frothe date of submission and shall either approve, approve with anxi flcation, or disapprove the Came. For all other rehehlll- tation work, the Design C®ittee eha11 review submitted applications and plans within thirty (30) days fret the date of referral by the Code Enforcement Officer and shall either approve, approve with modifications, or disapprove the same. In the event the Design Committee or Code Enforcement Officer disappa es an application a plena, written notification Shall be made to the miner or responsible party as outlived in Paragraph A above. Said notification shall Identify the reasons for disapproval and make re ®evdatimia as to the acceptable corrective measures necessary to bring the property into compliance with this Ordinance. C. within two months from the date of the notification referred to in Paragraph B above, the property owner, or hie agent, shell submit to the Code Enforcement Officer final plays which shall adequately address the contents of said notification and the provisions oP this Oidivauce. In the event that the application and/or final plans are determined to be deficient by the Design Co®Tttee or Code Enforcement Officer,the owner shall have thirty (30) days from the date of notification to correct said deficiencies. D. If, as an alternative to compliance with the uinamna Property Rehabilitation Standards set forth in Article 4, Sec. 3, the property owner desires to undertake a property rehabilitation vlsich is saTJect to the requirements of Article 4, Sec. 4, the owner may so notify the Code EMoreemvh Officer in writing within two months from the date of the notice referred to in Paragraph A, above. In the event that the property ower provides an& a notice, the owner shall have up to three months from the date of said notice to the Code Enforcement Officer to submit the required application and preliminary plans. The Design Committee mov grant an extension to said submission deadline, Won written request by the property owner, -for goes cruse for }}+aefind of up to an additional month. Depending upon the complexity and/or magnitude of the property rehbilitatinu contemplated hereunder, the Design Committee may extend, upon written request by the property ower, the deadline for the submission of final plane as set forth in Paragraph C above for an additional. period of up to two (2) months. To be eligible for such extensions, the property ower must demwstrate diligent pursuit of the property rehabilitation. Except as otherwise modified herein, the provisions of Paragraph B and C above shell apply to properties within the Area. -7- E. All rehabilitation work ueces9ary to meet the standards contained in this Ordinance shall be completed within me (1) year from the date of approval of the application and plana by the Design Committee or the Code Eaforcement Officer or two (2) years from the effective date of this Ordinance, whichever is earlier. The Committee may grant an extension of this requirement for good taws for a period a up to an additional twelve (]2) months. Applications for such extensions well be submitted in writing to the Design Committee prior to the established deadline to be eligible for eauslderation. Sec. 6 ffioments of Review. In reviewing properties to detemdne compliance with the provisions of this Ordinance and in reviewing designs or plans submitted in accordance herewith, the Design Committee or the Code Enforcement Officer shall be concerned with all aspects effecting the exterior appearance of the properties located within the Area, including, but not limited to the following: A. Materials end colors used an all visible exterior areas of the building(a). B. Design of show windows, storefronts, and entrance dress, including materials and types of security devices. C. Design of signs, methods of illumination, colors, materials and methods a attacimant. D. Design of awnings aM canopies, colors, materials, and methods of attachment. E. Condition of Parkin arew, rear yards*. open spaces, and vacant lots. Sec. 7 Standards of Review. She following standards and considerations shall be used by the Design Committee or the Code E'nforc®ent Officer in evaluating applications to determine whether or not the proposed activity conforms to the requirements a this Ordinance and pronates the intent can purpose hereof: A. Materials, techniques, and colors should, where practical, coffioiw 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 act destroy the distinguishing qualities or character of the building and its environment. The removal or alteration of any unique architectural features should be held to a minimm. C. Deteriorated architectural features should be repaired rather than replaced, vdserever possible. In the event replacement is necessary, the new materials should, where practical, match the materials being replaced in composition, design, texture, and other visual qualities. D. R®oval ofpresentday facades which are inappropriate and incompatible with the existing structure or neighboring properties shall be encouraged. I E. Colors shall be appropriate to the period and style of the building and should harmonize with adjacent properties. F. In general earth tone colors should be utilized for the exterior surfaces with a second warm and neutral color for trim and decorative elements. Use of bright colors should be Limited and confined vainly to the display seems as an attention focusing device. G. Nev workadjoining existing buildings shall becarefullyblended' to minimize the separations unless such a Separation is suitable to enhance or emphasize the qualities of the original work. H. Hardware and. lighting flxtuass, where practical, shall be selected withcare to confers, to authentic work of the period, and to match remaining originals where such exist. I. All altercations,improvements, modifications, repairs, rehabilitation, painting, and other impsovesents shall be haxmouioua and tie in With existing materials in an acceptable manner. See. 6 Penalties. Any person, firm or corperaticn being the actual or constructive owner of any: building or premises which is adjudged to be in violation a soy of the provisions of this Ordinance shall be gaily of a civil violation and an conviction shall be fined not less than $10.00 nor more than $100.00. Each day such a violation is permitted to ovist after notification shell constitute a sepexete offense. Any fines imposed pursuant to this Ordinance sba11 inure to the benefit of the City of Seeger. Sec. 9 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 c®pllance with the provisions of this Oxdinance. '9- ARTICLE 4 - MpbeTY RERAHIMMTION 6TANMRC6 Sec. 1 Applicability of Standards. .Tee provision of this Article shall apply to all exteriorimprovemeuts to existing properties within the Area. It is required that all c exterior improvements shall be made in accordance with the provisions and objectives of this Ordinance. Over and above the codes aid 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. Sec. 2 General Requirements. All work performed in compliance with this Ordinance ahall be done in a workman like manner and according to accepted standards of the building trades. Materials need in making repairs shall be of a quality suitable for the purpose and of a kind normally used to accomplish the required repeira. Sec. 3 Minimum Property Rehabilitation Standards. A. Exterior Walls (Front, Side and Rear). 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 n acceptable appearance. 3) All defective structural and decorative elements of building frosts and aides abutting on or visible from streets shall be repaired or replaced in a workman like manor to maintain as closely as possible the architectural characterofthat building. All damaged,sagging or otherwise deteriorated storefronts, signs, show windows, or entrances sball be repaired or replaced. 4) All miscellaveoas unused elements on the exterior walls of the structures such as empty electrical boxes, conduits, pipes, named sign brackets, etc., shall be removed. 5) All brick and concrete walls shall be cleaned, repaired and repointed or painted as required by the Design Committee o the Code Enforcement Officer. Unfinished concrete block wells shall be painted. 6) All natural stns walla shall be cleaned, repaired, and pointed as required by the Design Committee or the Code Enforcement Officer. 7) All stucco surfaces shell 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, fanatme finishes shall be permitted. All defective formstne finishes shall be restored or removed and the walls behind them restored. 9) Existing wood siding materials, in sound condition teal permissible under the City a Bangor Building Code, shall be slashed, stripped, and painted, if necessary. -10- lo) All gutters and rainwater leaders most 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 flew onto the public right-of-way. 11) All cornices, p upper floor Windows, and all otherortions of a building containing meta or wood trim shall be made structurally sound. Rottwn, rusted, or weakened portions shall be r r removed and repaired, o replaced to maintain as closely as possible the original arnhitecture.All en,osed metal oxsod shall be painted or stained, or otherwiae treated for protection. B. Roofs 1) Roofs shall be kept free of trash, debris, or cry 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. C. Windows. 1) Windows not in the front or side of thebuilding shall be kept properly repaired or With Fire Department approval, may be bloaed, in which sills, lintele, and frames, must be removed and the opening properly closed to metal 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 ercgifiy'tins shall be replaced. All broken and missing Windows shall be replaced With glass or approved clear glazing. All exposed wood shall be rarefied and painted. 3) Window openings in upper floors of the front and all visible sides of the building shall not be filled, bearded 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. FLr�comchwork and atone lintels shall be restored. . 5) All windows, framea, and mullions shall be kept in good repair and properly, painted. D. Storefronts. 1) A storefront as a part of the building facade shall be defined to include: (a.) The building Pace and the entrance area leading to the door; (b.) The door, aide lights, 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 mused 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 me m 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 re - dithered, repaired, cleaned, or replaced. Unused awning boxes and adwere hSshellbe 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 258 of the area of that Show window. E. Signa In addition to the Zoning Ordinance and Sign Ordinances of the City of Banger, may from time to time be amended, the following provisions shall apply to all signs located within the tires: 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 ad expressly _ permitted herein. 2) Signs shall be maintained in good repair. 3) Temporary signs may be displayed within storefront windows provided that these signs shall not c re than 258 of the ea of the windows in which may are. displayed and are on display not more than forty-five (45) consecutive days. 4) No signs other than those identifying the property where they are installed or identifying the use conducted therein stall be permitted. Advertising by materiel 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) Roof top signs, signs above the parapet of a building, billboards, and other outdoor advertising Signa painted or mounted on structures other than billboards, except as otherwise herein provided, Stalk not be permitted. All existing roof top and facade mounted sign brackets and hardware shall be removed. 6) Flashing or moving signs other than barber poles and time and/or temperature sigma shall not be permitted. 7) Painted signs on building surfaces are prohibited, except as mayC) otherwise be provided herein. 8) Flags or barrels my 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. 9) All highs not conforming In the above regulations shall be removed within two years from the effective date of this Ordinance,except billboards larger then sixty (60) square feet, which shell be r ved within five years of said date in order to amortize the value thereof. Not withstanding the requirements of this section any symbol, date, or building title which is a pert of the building facade or has been in existence as part of the building for over twenty-five years shell be exempt from this requirement. F. Lighting 1) The following lighting methods are not permitted for signs and buildings: (a.) Exposed florescent lighting. (b.) Exposed quarte or mercury vapor ledge. (c.) Exposed incondeacent lamps other thanlow wattage, purely decorative, lighting Add.e72L as provided for herein. G.�Pex ing Ar¢ee; Yaraa, and Vacant lets 1) Parking Areas.V All driveways, parking areas, walks, and plazas shall be suitably surfaced with a herd, dust -free material and shall be maintained in a neat and clean manner. 2) Yards and Vacant Lots. All yards and vacant Iota small: (a.) Be graded in such a way as to provide satisfactory drainage and an even, smooth ourrace. (b.) Be kept clean of all trash and debris. (e.) Be landscaped and provided with trees and shrubbery in a member deemed appropriate by the Design Committee for the purpose of achieving the goals of this Ordimpande r scrammed from public view by fencing material or dense Plantings compatible with neighboring properties. (d.) Be maintained in a clean and neat meaner. H. Exterior Appurtenances Exterior appurteonces and aecessory structures which serve no useful purpose, or those in a deteriorated condition which are of economically X13_ repairable, shall be removed. Such structures include porches, terraces, entrance platforms, garages, comports, walls, fences, and miscellaveovs auxiliary structures. I. Fire Escapee. All existing fire escapes which are net required by law or ordinance for utilization of the upper floors of buildings located within the Area shal l. be removed. All remaining fire escapes shall be palated and maintained in a saucer compatible with the building upon which the'seme are located, with the intent to minimi%e their visual impact. Sec. 4 Design Property Rehabilitation Standards. In addition to the mandatory standards is section 3 above, spy application for repairs, replacements, or reconstruction of the ewtexior of a4v buildings or structures within the Area, other than for maintensace of the existing exteriors, shall conform to the followingStandards: A. Exterior Wells (Front, Side end Rears). 1) All of the visible exterior wells of all structures located in the Area shall be included in tbis requirement. 2) All colors and color schemes owed in the Arco shall be c®patible with the buildings in the Area. 3) All exterior walls which have not been wholly or partially resurfaced or built over Shall be repaired and cleaned or painted in an acceptable mower. Brick wells shall be pointed where necessary to hatch existing bond. Painted masonry walls shall have loose naterial removed and be painted a single color except for trim or decorative details which meq be another color. Surfaces shall be painted with products,and employing application methods, that will prevent early deterioration. Patched walls shall match the twisting adjacent surfaces as to materials, color, .bond and joining. Clearing a masoaay walls by meaty of sandblasting not be permitted. 4) Brick walls shall be either preserved im their natural state o painted a color compatible with neighboring structures. ' 5) Real or simulated wood shakes are not considered to be emspatible .with tbls renewal area and new applications of these materials will not be permitted. - 6) Gutters and downspouts shall be prepainted, baked enamel, non- ferrus material orpaintedand shell be compatible with other building. colors. 7) The removal of cornice work,without prompt replacement will not be permitted. New cornices shall be compatible' with the architecture of the building. B. Roofs. IT-Talevisim and radio onteunaeshall be located so as to be as inconspicuocs as possible from the sidewalk across the street. -14- 2) Roof tap mecbflnical 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 point in a color compatible with the color of the front of the building upon which it rests to minimize visibility. 3}, Any new mechanical equipment placed on a.!doof shall be so located as to be bidden mown the street inso far as practical, and be as inconspicuous as possiblefrem other view points. New equipment shall be screened with suitable elements of a permanent nature finished as to be canpatible: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 streets either in front of, Or to one side of, the building. 5) Demers shall be compatible with the design of the buildingst street facade. The finished materials and colors shall be compatible with the roof and facade of the building. b) Other elements added to the roof such as skylights and solar panels shall be as ineonspicvTus�>ae possible. C. Windows. 1) The u of exterior abutters shall not be allowed in c where abutters would not be compatible with the architecture athe building. 2) All of the windows in a single facade shall be of matching deeigv. 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 requirments shall apply for all new windows: (a.) All windows shall have frames, sash,and mullions of a material.; design, and color appropriate to the architecture of the building. Where ever possible, the original number of window lights shall be retained, or the similar proportion and basic of lights. in a window sha11 be retained. (b.) Ornamental windows, grllles..enH b Lconettesnag b -incorporated as a decorative or security device. - .. (a.) window sills shall be preserved, replaced, and restored to maintain the original design of the building. (d.) Installation of exhaust fans, vents, and air conditioning units in front windows is discouraged. However, where there is noil other alternative, the unit Should be painted in a color that makes it as inconspicuous as possible or shall otherwise be suitably screened. D. 3) However, compiiaace vith the requirements of Subsection 2) above can be waived by the Design Committee shere: (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. Storefronts. 1) A storefront as a pert of the building facade -shon. be defined to Include: (a.) The building face and the entrance area leading to the door; (b.) The doors sidelights; ' transems,. chow vindover display platforms, devices includipg.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. All elements of the storefront including awuingsr show vindosD� entrances, signs, lighting, sun protection, security grilles, etc. shall be compatible with the architecture a the building, except in those c ss where a deviating storefront possesses independent historic or e architectural value. All snob elements shell be located no higher than one inch below the second story window sill line. Atsuedtime as sign panels covering or replacingstorecornices are removeda the cornice shall be restored or replaced with compatible material. Materials used ca storefronts shall be compatible with the architecture and materials need on the bulldiag itself. Other factors such an darability� ease of maintenance, and historical compatibility of materials shall be considered in relation to future material installation. Formstone, real or'simulated wood shakess or any other material not approved by the Design Committee shell not be permitted for any futave use.. All such materials now in we shell. be kept in good repair or shall be removed. Soft awnings. (a.) Existing retractable awning boxes or fixed awning hardware on storefronts shell be reconditioned to accommodate me awning -which shall be compatible'wlth the building design. Otherwise, boxes and hardware shall be removed. (b.) Awnings if desired, are to be installed along the full width of mistingboxes and frames and on upper fin ba over windows only. (c.) The materials must be flemeproofed and the color of the material and any graphics or striping shall be compatible vith the building architecture. (d.) Rigid or fixed awdngs; smssereens or permanent canopies are not permitted om any portion of the building front. -16- (e.) Awvunge 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 street lights, landscaping, and street furniture. Awnings shell not be lower than seven (7) feet above the sidewalk and one (1) foot inside the curb and shell otherwise conform with the provisions of City Ordinances. U (f.) Street level awnings shall terminate against the building at E height not to exceed one in]i below the second floor window r sill o not higher than the bottom of s 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 smeller in size than the openings of the second r third floor windows. These new windows shall be compatible with the upper windows in the structure. 7) New atorefrwts that project beyond the property lines of the stores are not permitted, where the original front is behind the property line and where a new projecting 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 shell provide, where practical, a street aide 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) DecA'lccmaxies one square foot or leas inarea may be affixed to show windows or entrance door windows when thee esupplied by credit and companies and carry no text or message other than the identification of such companies. 11) Doorwgvs and Entrances - In cases where there are doorways to buildings that arenot incorporated in the storefront, the character of the originadoorway shall be preserved, where possible. The original style of theme 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, bare, 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. -17- E. Signe. In additim to the Zoning Ordinance and Sign Oedinan e of the City of Bangor, as any from time to tim be mended, the following provisions shell apply to all signs located within the Area: 1) Size, shape, letter style(a), colors, 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) Placement of signs shall be restF)'cted to the first floor rely or as provided for herein Signs shall be designed ino that they do not interfere wim important architectural details (e.g. cornices, carved friezes, arches) of the buildings. Placement entirely an eflat portion of the facade or on an area entirely within the confines of an opening and lined up with architectural details o elements i required. In special circumstances, signs my be placed on upper floors, if it is determined that there is no prudent mane for accommodating the sign on the first floor consistent with these provisions. 4) Non -illuminated secondary signs shall be permitted for the identification of connercial memento occupying the upper floors of a building when they are different from the business on the ground floor. Such signs shall not exceed two (2) square feet in arm and not project _®ieeah n me Inch beyond the surface of the building, nor shell they be placed higher than the bottom of the first floor cornice or above the storefront. Lettering dfl applied -to the inside surface of upper floor windows is permitted in accordance with the pxvvisions of this ordinance. 5) Signa identifying the occupant shall be permitted at rear entrance and delivery doors, but shall not exceed two (2) square feet in area and may be illuminated. 6) No new marquees shall be allowed an 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, be existing marquee shall be redesigned so that it is compatible with the architecture of the building. 7) Signs in the foam of letters, symbols or other graphics may be incorporated inthe design of any mni� included in the design of a storefront, provided such signs are compatible with the architecture of the building and the arcing. 8) Signs my be painted on the inside surface of the show window and permewnt sign Usable may be hung Inside the show window, but meet 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 then six (6) inches in height. When these signs are the only identifying sign for the property, they can a twelve (12) inch lettering. These signs shell not exceed 205 of the area of the shop front window. _18_ 9) Flat signs shall be placed parallel to the building face and shall project net more than fifteen (15) inches from said face. Provided, however, that time and temperature signs erected upon the exterior wall of a structure for the convenience of the public may be permitted, subject to the additional requirements that said signs shall extend no re, than severity -two (72) inches into the public way, be a minimum of ten (10) feet from the sidewalk surface, had contain only the time, temperature, and name of the practises upon which it inrested. Flat a signs shall not exceed in a two (2)tim¢g.the width in feet of the frontage of the building. In the asof comer properties, each facade is to be calculated separately as to size allowed for each. Flat signs shall be placed no higher than the bottom of the second story window sill where windows exist and the sign bottom shall be directly above the storefront orwring/security enclosure. Signe which aren integral part of the building structure and compatible with theoriginal architecture of the building are permitted. 10) Flat signs shall be incorporated in the design of the storefront. If the storefront design includes a courrice, the sign may be incorporated in the cornice design. If a storefront cornice is not appropriate for sign, or there is no comics, the sign may be placed either in the store window or on the portion of the building facade above the store window/cornice and below the sill of the second floor windows. 11) New 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 Article 4, Section 3, _ _ Subsection Fi. of thin Ordinance. -- 12) Notwitbstanding provisions of the Sign Ordinance to the contrary, signs hung perpendicular to the facade of the building shall be permitted in the Area for the purpose of displaying symbols, logos, r time and temperature. Such signs and their hanging hardware shall be compatible with the architecture of the building to which attached and coordinated with neighboring structures. Furthermore, such signs shall protrude no more than three (3) feet from the building surface and shall be a tdnimam of eight (8) feet from the ::phww fk warfare, except time zhd_tempe ature aides, which shall be governed by the provisions of paragraph 9i -above. All other projecting signs shall be prohibited. 13) Flags and banners shall be compatible with the architecture of the building to which attached and neighboring structures. Bamere should be displayed only from buildings at least two stories high and shall not be less tllan ten feet above the sidewalk. All banner polar along one street should be net at the same angle from the horizontal plane. Barnard may project up to one-third the width of the sidewalk but not more than five feet, whichever is greater. 14) Super Graphics orurals are a special fors of outdoor art and the Design Committee may, permit their application, onwall 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. -19- F. Lighting 1) Exterior lighting shall be limited to lighting fixtures designed to be in harmony with the ebemacter of the buildings. Flood lighting, concealed above a ebopfront 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 fjxtures shall be inconspicuous and compatible with building architecture. 3) All lighting and electrical elements such as wires, conceits, junction boxes, transformers, ballasts, switches, and panel boxes shall be concealed from view where possible. 6) The following lighting metbode are permitted for signs and buildings: (a.) Fully recessed fluorescent downlights or wall washers in a valance box. Box must rw full length of storefront at top of sign area. (b.) Internally illwminated box signs and individual letters or back- lit (halo) letters. (c.) Fully recessed doemlights or wallwashers in projecting metal box. Box .must run length of storefront at top of sign area. (d.) Shielded fluorescent lamps with diffusers in projecting metal box. Box must run full length of storefront at top of sign (e.) "Gooseneck Ihcandescent,",poreelain ensmal reflector on bent metel�fggarm. 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 coupon in various colors are permitted as fist signs above a show window when enclosed in a sign box and protected by a glass front and on the inside of show windows. -20- ARTICLE 5 - APPEALS Sec. 1 Appeals Board DeSigawted. All appeals concerning any decision, order, rule, or failure to act under the provisions a this Ordinance shall be heard and decided by the 'Bangor Board of Appeals" (as established under Chapter IA of the Laws and Ordinances of the City of Bangor) in accordance with the previsions contained herein. The word "Boaoi" when used in this Ordinance shall be construed to mean the Bangor Board of Appeals. San. 2 Duties and Respomibilities. A. Admindstrative Appeals. To hear and decide where it is alleged that TeTeis an error'in Kay order, requirement, deciaion, determination, or interpretation made by the Design Committee or the Code Enforcement Officer. The chsnleeged action may be modified or reversed by the Board by a concurring vote a at least fou (4) of its merbers. Provided, however, that the Board shall not substitute its judgment for a deterednatimn by the Design Committee Or the Code Enforcement Officer relative to the appropriateness of existing or proposed anterior characteristics of a building or prise -within the Area. The appealing party shall have the burden of deamnstrating the existence of the alleged error. B. Variance Appeals. To hear and decide where it is alleged that practical difficulties or unreasonable hardships in the literal aeorcenent of this Ordinance warrant a vanities farm the require- ments contained herein. A financial hardship shall not coustitate grounds for the granting of a variance. Before the Board may reise its discretion and r grant a on the basis of alleged practical difficulties, the record must show that: (1) the variance will not adversely affect the objectives of this Ordinance, (2) the variance in not inconsistent with the intent and purpose of this ordinance(3) a relaxation of the terms oP this ordinance would not be contrary to the interests of the public, (4) special site or structural conditions makarre it impractical or impossible to c' cat certain requirosents of thin ordinance, (5) the variance will not alter the essential character of the property for which it is sought or Its neighborhood, nor adversely affect the haomonious relationship of the property to its surrounding environment. In addition, in situations in which it is alleged that compliance with the Ordinance would constitute an unreasonable hardship, the s record. asset show that: (1) the cost a ecmplianee is unreasonable in comparison to theoverallbenefit to the Area vhinh would be derived from c®pliance with the Ordinance, (2) the alleged hardship includes substantially more than Inconvenience or inability to attain a higher financial return, and (3) the plight of the applicant is See to unique circimatances arising out of conditions peculiar to the property in question. In the granting aP variances due to unreasonable hardship; the Board shall give due consideration to the potential effect of such a variance on the rehsbilitation efforts of other property owners within the Area. The Board may grant a -21- variance only by s concurring vote a at least four (4) 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 Ordinance. - Sec. 2 Appeal Procedure. persons appealing a decision under this Ordinance shall do so In writing by filing a form for such purposes, together with an Application Processing Fee in such amount an may be established from time to time by the City Council by Council Order, with the Zoning and Code Enforcement Administration Officer. Such appeal must be commenced and the required administrative fee received by the Officer within thirty (30) days after the date of the decision to be appealed. Ala appeal applications shall specifically set forth the gacuuds which form the basis of the appeals. A. The Cede pforcemeut Officer shall mediately refer the appeal together with All materials relative thereto to the Chairperson of the Hoard for consideration by said Board, as provided herein. Before taking any action on the appeal, the Board shall hold a public hearing on the matter. The Board shall notify, by U. S. .Mall, the owners of abutting property and/or owners a properties within 100 feet of the exterior boundaries of the property in question at least seven (i.) days in advance of the hearing. Said notice scall state the nature of the appeal and the time and place of the public hearing. Me owners of property shall be considered to be those against whom taxes are assessed. Failure of any owner to receive notice shall:. not necessitateanother hearing o invalidate any, action by the Board. In addition, public notice of said hearing shall be given in accordance lith Chapter I, Article 8 of the Laws and Ordinances of the City of Bangor. B. The Board shall hold a public hearing on the appeal within thirty (30) days frcn the date of referral by the Code Enforcement Officer and shall render a decision on the appeal within twenty (20) days of the public hearing. Said decision stall be in writing end shall include a statement of findings and conelusiom, as well as the reasons or basis therefore, upon all the material. issues of fact, law Or discretion presented and the appropriate Order, relief ds denial thereof. Notice of aay decision shall be mailed or band elivered to the applicant or his agent. C. Public hearings uba].l be governed by the following: 1) A party may be represented by an agent or an attorney. A hearing shall not be continued to another time except for. good cause. 2) A member of the Design Committee, or a duly authorised repreaentatfve, or the Code Enforcement Off icer should attend all hearings and present to the Board such plana, photographs, or other materials Casted appropriate for an anderstanding of the appeal. -22- 3) The sppell nt•s case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption, questions m be asked through the chain All persona at the hearing shall abide by the order or ruling of the Chairperson. sec. 3 FurtherAppeals. Further appeals may be taken f= any action of the Bangor of Appeals, within thirty (30) days after the decision is rendered, by any party, incluiing the Ranger City Council or the Design Co®ittee,, to the Superior Court from any order, relief, or denial in accordance with Rule 808 of the Maine holes of Ctv l Procedure. -23- . % \ sAj , j '( .,, IFI�� r �rp�cei BANGOR CENTER I-.� REVITALIZATION 1 r,„' AREA ! '” it M..., ., ': Bbagm, the moth of Maine—the Gateway to Maim's Nmeh Woods and Seashore Resorn 'f AGONEY G. M.Rn. CITY HALL +cc. MAINE s<8ss1 JOHN MLORD ONNA90141... Ctq of Pamoor, A&W DEPARTMENT 01 PLANNING ..d COMMUNIly aVIL000111 DATE: September 8, 1982 T0: TICE, Honorable City Council FROM: The Planning Board SUBJECT: Referral of Bangor Center Revitalization Area - Ordinance - C.O.# 82-222 The Planning Board at its regular meeting on September ], 1983 reviewed the proposed "Bangor Center Revitalization Area Ordinance". referred to it by the City Council. After considerable discussion of the merits of such a program for the downtown and the possible difficulties to be encountered in the application of specific ordinance provisions, the Board voted unanimously to indicate to the City Council its support for a mandated facade improvement program for the downtown, but to also convey its feeling that the proposed ordinance in its present form is too harsh and restrictive in its effecton downtown property owners and businesses. oin In. Loco Planning Officer