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HomeMy WebLinkAbout2012-11-26 13-025 ORDINANCE COUNCIL ACTION Item No, 13 025 Date: November 26, 2012 Item/Subject: ORDINANCE,Amending Chapter 148, Historic Preservation, of the Code of the City of Bangor, By Moving Administrative Duties to the Planning Division Responsible Department: Planning Commentary: This Ordinance will amend Chapter 148 to move the administrative duties associated with the Historic Preservation Committee to the Planning Department. The Code Enforcement Office has traditionally been responsible for dealing with historic preservation matters. However, after evaluating the work loads and functions of both the Code Enforcement and Planning it has been determined that there is greater staff capacity in the Planning Department to deal with Historic Preservation. This will allow for more time in the Code Enforcement Department to deal with housing code issues that have been problematic for the City. Additionally, this Ordinance also makes a number of other housekeeping changes to the Historic Preservation ordinance, bringing the Ordinance into compliance with current practice. The Historic Preservation Commission reviewed and recommended these changes on October 11, 2012. Further, it was reviewed and recommended for approval by the BED on November 20, 2012. Department Head Manager's Comments: C : ► ern. CNacv / City Manager Associated Information: Budget Approval: Finance Director Legal Approval: y Solicitor City Introduced for Passage x First Reading Referral 13-025 NOVEMBER 26,2012 ,_ Assigned to Councilor Blanchette mpw CITY OF BANGOR ,z•_ -+T: (TITLE.) Ordinance, Amending Chapter 148, Historic Preservation, of the Code of the City of Bangor, By Moving Administrative Duties to the Planning Division WHEREAS, in the past, the Code Enforcement Office has handled duties relating to Historic Preservation and the Historic Preservation Commission; WHEREAS, in order to ease the burden on the Code Enforcement Office, the Planning Division is now assuming many of these duties; NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, Chapter 148 of the Code of the City of Bangor be amended as follows: Chapter 148. HISTORIC PRESERVATION § 148-4. Process for establishment. Historic districts, historic sites or historic landmarks shall be established by amendment to § 148-5 of this chapter. All such amendments shall be initiated by the completion of a form directed to the Chair of the Commission and filed with the Cede Enf rce t-Office Planning Division, City Hall, Bangor, Maine. The Chair shall thereafter call a meeting of the Commission for purposes of formulating the Commission's recommendation concerning the request. At the same time the Planning Division shall take all necessary action to place the request on the agenda of the next regular meeting of the City Council, allowing a minimum of two days for preparation of all necessary documents prior to the closing of any Council agenda. Pending receipt of a report of the Commission's recommendations, the City Council shall take no further action on the proposed amendment. § 148-6. Historic Preservation Commission. A. Members of the Historic Preservation Commission shall be appointed by the the City Council, which shall make such appropriations each year as may be necessary to fund the activities of the Commission. GOO § 148-8. Certificate of appropriateness required. IN CITY COUNCIL November 26, 2012 it Reading ;-,2,4 4:,„,,- CITY ERK IN CITY COUNCIL December 10, 2012 Motion made and seconded for passage Vote: 8-0 Councilors Voting Yes; Baldacci, Blanchette, Civiello, Gallant, Longo, Nealley, Sprague, Durgin Councilors Voting.No: None 11;20dA-0) c2),; CITY CLERK 13-025 NOVEMBER 26,2012 The Historic Preservation Commission shall protect historic landmarks, historic sites and historic districts by the issuance of certificates of appropriateness. A. When required. A certificate of appropriateness issued by the Commission shall be required only for one of the following: (1) Any change in the exterior appearance of an historic landmark, an historic site or any building in an historic district if such change requires a building or sign permit from the Code Enforcement Officer. (2) New construction of a principal or accessory building or structure visible from a public street where such building or structure will he located in an historic district. (3) Demolition of an historic landmark or of any building in an historic district. (4) Moving of an historic landmark or any building in an historic district. (5) Any change, except minor repair, in siding materials, roofing materials, door and window sash and integral decorative elements, such as, but not limited to, cornices, brackets, window architraves, doorway pediments, railing, balusters, columns, cupolas and cresting and roof decorations. (§) Other improvements or alterations to the site where a historic landmark, historic site or building in a historic district is located which require Planning Board approval. B. Condition precedent to building or sign permit. (1) In any historic district and with respect to any historic site or historic landmark, no building or sign permit shall be issued by the Code Enforcement Officer for any construction, alteration or demolition until a corresponding certificate of appropriateness has been issued by the Historic Preservation Commission. (2) For ese-acti ire-a-cer t ete-eft e-E fooi ..- e : . . : : . . f39ent-Any-suc-h-- ileatier-chall be referrred t., the Historic r'-Cade-by ..ement-G tele--Piannin t:tHri"ec. The Code uest -iey' 'm-f the--Hisstoi' licatio -wit#i n40-daya-f 3. , presumed hat nm'assier}?yrs--ne-eamii on-said-a; Iicatier § 148-9. Application for certificate. 13-025 NOVEMBER 26,2012 Application for a certificate of appropriateness shall be obtained from the Code Enforcement Officer when obtaining a building or sign permit or when no building or sign permit is required but when such activity must be approved by the Historic Preservation Commission. A. An application for a certificate shall be submitted to the Code Enforcement Officer. After review determination determining that it is complete and that the proposed changes meet applicable codes, the Code Enforcement Officer shall transmit the application to the Planning Division. After review. the Planning Division shall transmit the application to the Historic Preservation Commission for action. The Commission shall consider each application, reach a decision thereon and notify the applicant within 30 days of the date of its submission to the Code Enforcement Officer or the application shall be deemed approved. Upon mutual agreement by the Planning Division or Commission and the applicant, said period may be extended for an additional 30 45 days. After the Commission has acted on the application, it shall be returned to the Code Enforcement Officer, from the Planning Division. who shall then issue or deny permits as appropriate. B. Application contents. The application shall state till location, use and nature of the matter for which such certificate is sought and shall contain the following information or documentation: (1) The applicant's name and address and his nr her interest in the subject property. (2) The owner's name and address, if different from the applicant's. (3) The address or location of the subject proi.+c rty. (4) The present use and zoning classification of the subject property. (5) A brief description of the construction, rer.omtruction, remodeling, alteration, maintenance, demolition or moving requiring the issuance of a certificate of appropriateness. C. Optional application contents. Where necessary to further the intent of this chapter, the Code Enforcement Officer, the Planning Division and the Commission may require applications for major improvements to contain the following: (1) A drawing or drawings indicating the design and location of any proposed alteration or new construction for which the certificate is being applied. As used herein, "drawings" shall mean plans and exterior elevations drawn to scale with sufficient detail to show, as far as they relate to exterior appearances, the arr.hitecturril design of the building, including samples of materials. (2) Photographs of the building involved and of adjacent buildings. (3) A site plan indicating improvements affecting appearance, such as walls, walks, terraces, accessory buildings, signs and other elements. § 148-10. Hearing and action on application. 13-025 NOVEMBER 26,2012 B. Notice. If a public hearing is to be conducted on any application for a certificate of appropriateness, the Planning Division shall take such action as may be reasonably required to inform, by United States Mail, the applicant, all persons owning property abutting and/or within 100 feet of the exterior boundaries of the real estate under consideration and all such other persons as the Commission may deem appropriate and shall give such persons an opportunity to be heard. For purposes of the notice required hereunder, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not necessitate another hearing or invalidate any action by the Commission. All meetings of the Commission shall be publicly announced, open to the public and have a previously available agenda. Public notice shall be provided prior to any special meetings of the Commission. C. Approval. If the Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall app +e direct the Planning Division to issue a certificate of appropriateness approval letter. arid-rdtum it The Planning Division shall forward copies of the approval letter to the applicant and to the Code Enforcement Officer for issuing of necessary permits. D. Disapproval. If the Commission determines that a certificate of appropriateness should not be issued, it shall place upon its record the reasons for such determination and shall forthwith return the application to the Cede-Enforcement-Officer Panning Division, who shall notify the applicant of such determination, furnishing him or her with an attested copy of the reasons therefor and the recommendation, if any, as appearing in tha rE:oris of the Commission. § 148-11. Minor revisions. A. Minor revisions to work for which a certificate of appropriateness has been issued may be permitted by the Code Enforcement Officer and Planning Officer subject to the following conditions: (1) Submission of a revised application s!tting fcrth the proposed revision in sufficient detail to permit adequate review of the same. The Cede-Enfen-rn - . hers-ef-the-Gem r+: (2) Determination by the Code Enforcement Officer, Planning Officer and the Chair of the Historic Preservation Commission (or, in his or her absence, the Vice Chair or, in both their absences, the senior member of the Commission in time of service) that the proposed change constitutes a minor revision and does not redire Commission approval. (3) . . . . __ . . --. - . . - . ,e-appy alier4;-3 r- -pr+ r,e tf -£-e;r ess e - n 1-r iero -pursuant to-§-X48 10. B. For the purposes of this section, a "minor revision" is one which does not materially alter or affect the historical and/or architectural character of a building or.struct.are classified as an historic landmark, a building or structure located in any historic district, any part of such building or structure or any appurtenances related to such buildings or structures. Additions are underlined, deletions st -threeglh. -