HomeMy WebLinkAbout1977-05-09 229 AE ORDINANCE229 AB
Introduced by Cc ncllor maKernan, May 9, 19]]
-' CITY OF BANGOR
(TITLE.) Mrbiria=c Amending Chapter vxl Historic thaservati
Be rt ordained by Nun City Cauxit ofUw GVW ofBaxyor, as foVoma:
— MT Chabter VIT be seceded as follows:
1. THAT sections 6.1, 6.6, 8, 8.1, 8.1.1, 91 10.5 and 11.4 be deleted
and replaced as follows:
'Section 6.1 Members of the Historic preservation Com isaion shall
be appointel by the City Council end shall serve at
the pleasure of the Council. The City Council shall
make such appaoprlaticns each year as nay be necessary
to fund the activities of the Commission.
Section 6.6 The Historic Preservation Commeiasion may, subject to
appropriations or other income, employ clerical and
technical assistants or caumsultants, and may aacept
greats, money gifts, or gifts of service, and say
hold or expend the sane for all or any of the parposes
of historic preservation in the City. The Commission
shall advise and assist owners of designated structures
or historic sites with plans and assistance in complying
with the requirements of this ordinance to the extent
possible order the funding available to the Comsission,
in an effort to further the accomplishment of this
orrlinence. The Comeission may erect a suitable sign
or marker indicating the significance of any designated
site, landmark, or district with income available to
the. Co®issioh or with appropriation for that purpose,
subject to obtaining written permission frmn the owner(s)
of the property upon which the sign or marker is to be
erected.
229 AE
IN CITY COUNCIL ORDINANCE *03
.g'
MAY 9? 1977
at
Received lot reading, referred ( TITLE,) Amending Chanter-V1I — Historic
to Code d Ordinance Review
Committea, consider June 13th,
"
q.eaesvet'on
%26
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RECEIVED
mly eL
IN CITY COUNCIL InMahevo and (ilei by -
CITY Ci ,
".DOR
Jane 13, 1977
CITY CLEFK,
JFFICE
Consider 1st meeting in July.
(July Ilth) ..L te.�. w*r�Pnxun9�
"°'� HHi 5
Pil 3 57
/l,G.xaJ d �rcitmm
-
CITY NK
This atltwnce is (onset IN expressed
-
IN CITY COUNCIL
,
July ll, 1977 -
-
Keceived 2nd reading. Notion to
sound by substitution in accordance
with Muma dated July 5, 1977, -
-
seconded. Notion to muend Sec. 10.5 ,
in this Memo by deleting "only Who
an affirmative vote of at least six (6)
City Councilors" in the 10th line Cpmlttee Go
and substituting therefor 'by a prpresae3 aatmrces
majority vote of the Council." passed
by the following yes and no vote:
-
Councilors voting yes: Btountas,
Gass, NcKeman, Soucy, Willey, and
Scalae. Councilors voting no: Finnigan
and Zendzian. Councilor Henderson
-
"sent. Amended by substitution by
the following yes and no w Councilors
acting res: Brouvtas, Finnigan, Gass,
NcKeman, Souty, Soulas, Willey and
)'
Zendzian. Councilor Henderson absent.
1
Finally passed by the following yes and
no vote: Councilors voting yest
Bmwtae, Finnigan, Gass, McKernan,
f
Son", Santos, Willey and sundries. -
Councilor Henderson
gqabsent.
X2&x ei
C
be duplicated. Avoid euclnsing parches and steps
in a manner Which destroys their intended appearance.
Section 11.5.7
Exterior Finishes. Repaint with colors that can be
documented as illustrating the
distinctive character of the property or with colors
that are at least appropriate to the character of
the neighborhood. There are many new paints available
which closely duplicate original colors, and Mich
allow, a wide range of choice to_buit the preference$
of the property cwuer.
Section 11.5.8
New Additiwa. Keep new additions to a minimmn end
make them compatible with the scale,
materials, and texture of the main structure. Use
contemporary designs c®patible with the $haracter
and mood of the building and neighborhood. Do net
attempt to imitate an earlier style of architecture
in w additions, except in the rare cases Mere a
contemporary design would detract frau the unity
of an ease ble or group.
Section 11.5.9
Safety Codes and Requirements. Atteept to comply
with safety and code
requirements in such a manner that the essential
character if the building is preserved.
B agor, ,be un,er Maine's Nertb Waedr and Saws"" Raera
Timothy L. lannty
Planning
Eau of �8angor, Maine
July 51 1977
M E M O R A N D U M
TO: City Council
tJfMt Amendments to the Historic Preservation Ordinance
Attached you will find a revision of the proposed mcendaenta to
the Historic Preservation Ordinance. These revisions are
hresult
of two meetings with the Code and Ordinance Committee ancone between
the Historic Commission and the Assistant City Solicitor. We would
request that these mendicants be .passed by substitution for Council
Ordinance 229AE.
The key points in these amendments are as follows:
1. Certificates of Appropriateness will be required only for those
alterations that require a building pexnit ani for major changes
in the exterior that do not require a permit. Paint color,
landscaping, awnings, and replacing rotted aiding, etc. will
not require a;C,erSificate. ( Amanda section H.)
2. The Commission will now be required to act upon an application
for a Certificate within t1airty(30) days or the application will
be considered approved. ( Amends section 9!)
3. Decisions of the Commission can be appealed to the City Council
instead of directly to Superior Court. ( Amends section 10.5)
4• Drawings, plans, photographs, and emnam nowroptional instead
of being automatically required with the application. (Ameads �9.1)
5. The new draft includes standards for evaluating applications
for changes which are in conformance with those issued by the
Secretary of the Interior. The adoption of these will permit the
certification of our Ordinance by the National Perk Service and
will allow locally designated historic properties and their owners
to receive the new federal tax benefits. ( Arcade section 11 )
T.L.L.
June 30, 1977
AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE
T
Be it Ordained by the City Councill that Article 4 of Chapter VII be
amended as follows:
1. That Sections 6.6, 8, 8.1, 8.1.1, 9, 9.1, 10.5, 11.4, and 11.4.7
be deleted and replaced as follows:
§6.6 The Historic Preservation Commission may, subject to
appropriations or other income, employ clerical and technical
assistant$ or consultants, and may accept grants, money gifts,
or gifts of service, and may hold or expend the same for all
or any of the purposes of historic preservation in the City
of Bangor. The Commission shall advise and assist owners of
designated structures or historic sites with plana and assis-
tance in complying with the requirements of this ordinance to
the extent possible under the funding available to the Com-
mission, in an effort to further the accomplishment of this
ordinance. The Commission may erect a suitable sign or marker
indicating the significance of any designated site, landmark,
or district with income available to the Commission or with
appropriations for that purpose, subject to obtaining written
permission from the owner(s) of the property upon which the
sign or marker is to be erected.
§8 Certificate of A ro riateness. The Historic Preservation
commission —a ;protect rsteric landmarks, historic sites,
and historic districts by the issuance of Certificates of Appro-
priateness.
58.1 When R___�• A Certificate of Appropriateness issued
by the ommass ion ahall be required only for one of the
following:
§8.1.1 Any change in the exterior appearance of a
historic landmark, a historic site, or any building in
a historic district if such change requires a building
permit from the Code Enforcement Officer.
99 Application Procedure. An application for a Certificate shall be submitted
to the Code Enforcement Officer, who ahall date the application and immediately
transmit it to the Historic Preservation Covmission for nation. The Coamnission
shall consider each application, reach a decision thereon, and notify the applicant
vithin thirty (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 Comieaion and the applicant, said period may be extended for an additional
thirty (30) days. After the Coarission has acted on the application, it shall be
returned to the Code Enforcement Officer who shall tban issue or deny permits as
Appropriate.
$9.1 Awlication Contents. The application shall state the
location, use end nature of the matter for which such Cer-
tificate is sought and shall contain the following information
or documentation:
510.5 Appeals. An appeal from any final decision of the
Cosudasdon may be taken by any Party to the HahgOr City
Council within thirty (30) days of said decision by
requesting the City Clerk to place the appeal on the agenda
of the next regalarly-scheduled City Council meeting. The
City Council shall than hear the appeal aM affirm, modify>
or averse the Commission's decision within thirty (30) days
of said hearings or the appeal shall be deemed denied. The
City Council may modify or reverse the Commission's decision_by a
y{Only upon an afflrmnative vote a at least six (6) City 'f+1c C....ml.
Q""Casnciloz} The City Council's review of the decision shall
be limited to a determination of whether the Ccnamission acted
arbitrarily, capriciously, or unreasonably.
An appeal may, be taken frim arm decision of the City
Conasil by env party vithia thirty (30) days of said decision
to the Superior Court in accordance with Rule 8M of the Maine
Rules of Civil Procedure.
911.4 Visual Com axib ilii Faceors £or New Conatruction and
Additions. rt m istoric as Cs itis, store s sea, or
istoric landmarks, all new construction and all new additions
shall be visually related generally in terms of the following
factors:
§11.4.7 Relationshi o£ Material6 and Textures. The
relationship ort e mater is s and textures o TIlz facade
of a building shall be visually compatible with that of
the predominant materials used in the buildingsto which
it is visually related. 11
2. That Section 8.1.5 be added as follows:
98.1.5 Any change, except minor repairs, 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, railings, balusters, columns,
cupolae, creating and roof decorations.
3. That Section 8.2 be renumbered Section 8.3.
4. That Section 8.2 be added as follows:
§8.2 Condition Precedent to Buildin Permit. In any historic
district an with respect to any seorrc site or historic
landmark, no building permit shall be issued by the Code
Enforcement officer for any construction, alteration, or
demolition until a corresponding Certificate of Appropriate-
ness has been issued by the Historic preservation Commission.
5. That Sections 9.1.6, 9.1.7, and 9.1.8 be deleted and Sections 9.2,
9.2.1, 9.2.2, and 9.2.3 be added as follows:
§9.2 Op eional Application Contents. where necessary to
further t e ntent o Y is Ordinance, the Commis cion may
require applications for major improvements to contain
the following: -
§9..2.1 A drawing or drawings indicating the design
and location of anyproposed alteration or new con-
struction for which the Certificate is being applied.
As used herein, drawings shall mean plana and exterior
elevations drawn to scale with sufficient detail to
show, as far asthey relate to exterior appearances,
the architectural design of the building, including
samples of materials.
§9.2.2 photographs of the building involved and
of adjacent buildings.
§9.2.3 A site plan indicating improvements affecting
appearance such as walls, walks, terraces, accessory
buildings, signs, and other elements.
6. That in Section 10.1 the word"Council" be deleted and replaced by
"Commission". -
7. That in Section 10.2 the words "Section 10.2 above" be deleted and
replaced by "Section 10.1 above".
8. That Section 11.5 be added as follows:
§11.5 Standards for Renovations Alterations and Re airs
of Exists ut m e truceures an ur tenances Thereof.
thm istornc 013triULb, istorfc Sites, Ono OMSLULLU
landmarks, the Commission shall use the standards listed
below in the evaluation of an application for a Certificate
of Appropriateness for all renovations, alterations, and
repairs of existing buildings, structures, and appurtenances
thereof:
§11.5.1 Every reasonable effort shall be made to provide
a compatible use which will require minimum alteration to
the structure and its environment.
§11.5.2 Rehabilitation work shall not destroy the
distinguishing qualities or character of the structure and
its environment. The removal or alteration of any historic
material or architectural features should be held to a
. minimum.
511.5.3 Deteriorated architectural features should be
repaired rather than replaced, wherever possible. In the
event replacement is necessary, the new material should
match the material being replaced in composition, design,
texture, and other visual qualities. Repair or replace-
ment of missing architectural features should be based on
:physical or pictorial evidence rather than on conjectural
designs or he availability of different architectural
features from other buildings.
§11.5.4 Distinctive stylistic features or examples
of skilled craftsmanship which characterize historic
structures and often predate the maes production of
building materials shall be treated with Sensitivity.
J11.5.5 Changes which may have taken place in the course
of time are evidence of the history and development of
the structure and its environment, and these changes
shall be recognized and respected.
§11.5.6 All structures shall be recognized as products.
of their own time. Alterations to create an earlier
appearance shall be discouraged.
§11.5.7 Contemporary design for additions to existing -
structures shall be encouraged if such design is com-
patible with the size, scale, material, and character
of the neighborhood, structures, or its environment.
511.5.8 Wherever possible, new additions or alterations
to structures shall be done in such a manner that if they
were to be removed in the future, the essential form and
integrity of the original structure would be unimparied.
§11.5.9 In determining compliance with these standards,
the Commission shall be guided, although not bound, by
the "Guidelines For Applying The Secretary of the Interior's
Standards For Rehabilitation," Copies of which are on
file. in the Planning Department in City Hall. -
Section 8
Certificate of Appropriateness. In any historic
district and with
respect to any historic site or historic landmark, no
building permit shall be issued by the Code Enforce-
ment Officer for soy construction, alteration. or
'
demolitiuntil a corresponding Certificate of
on
Appropriateveas has been issued by the Historic
Preservation Camnnssion. No Certificate of Appro-
priateness is necessary unless a building permit is
required, except as provided in Section 8.1.4.
Section 8.1
Certificate of Appropriateness. A Certificate of
Appropriateness
issued by the Comaieeion shall be required before a
permit is issued for any of the following:
Section 8.1.1
Any change in the exterior appearance of a historic
landmark, a historic site, or any building in a
historic district if such change requires a building
permit from the Cede Enforcement Officer.
Section 9
Application Procedure. Written application for a
Certificate of Appropriateness
Shelf- be submitted to the Historic Preservation Commission
stating the location, us and nature of the matter or
item for which such Certificate is Sought. Appldcatdon
for a Certificate of Appropriateness shall be submitted
to the Code Enforcem®t Officer, who shall immediately
transit such application to the Historic Preserartion
Cosmession for action. The Historic Preservation
Commission shall consider such an application within
thirty (30) dews of the date of its submisSion to the
Code Rnforcefeent Officers or the` applicatiim spall be d
appranetl. Wp@n tri¢ c'm®Sapign'aeto on the ppiregtiwa.-lt
shsld be retained to the Code Enforce evt Officers wbo'Old
,,then issut py`9erype is at' pprapri-ate:—' — I
Section 10.5
Aweals. An appeal frvn any final decision of the
Covmission as to ares matter over which it has
final authority any be taken by anus party to the Bangor
City.,council within thirty (30) days of said decision.
The City Ccuse it may affirm, aodiry, or reverse artCr.
final decision of the C®ission wltbin thirty (30)'days
Of hearing said appeal. A further appeal mOO, be taken
from SW decision of the City Council within thirty (30)
daye after its decision is rendered to the Superior
Count in ancowdarc8 with Aute 80B of the Maine Ries of
Civil Procedure.
Section 11.4
Visual Compatibility Factors for New Construction. Within
historic
districts, sites or landmarks, nesi construction shall be
visually related generally in termsof the following factors:
2. THAT in section 10.1 the word "Council" be deleted and replaced
by "Co®ieaimi'
3. MT in Section 11.2 the reference to "180 days" in line M be
deleted and replaced with "90 days%
4. THAT Section 11.5 be added as follows:
Section 11.5 Guidelines for Additions to, Alterations, and Maintenance
of Existing Buildings, Structures, and Appurtenances
thereof. Within historic diatricta, sites, and land-
marks, all additions to, alteration, and
maintenance of existing buildings, stvuntvres, and
appurtm es thereof shall conform to the following
guideline, and the Commission shall use these guide-
lines in the evaluation of applications for Certificate
of Appropriateness:
Section 11.5.1 Landscaping. Retain major landscape features such
as parka, gardens, street furniture,
walkways, alleys, streets, and building setbacks
which have traditionally been a part of the environ-
ment.
Avoid widening existing streets, changing original
Riving materials, or introducing poorly designed
and located new streets add parking areas.
Use new plant materials, fencing, walkways, and
street furniture Mich are caspatible with the
character of .the neighborhood and avoid ova
restoring the site to an appearance it never had.
If possible, base all decisions for new work as,
actoal knowledge of the past appearance of the
property found in old photographs, drawings, news-
papers and tax records. If chargee are to be asde
they should be carefully evaluated injUght of the
past appearance of the site.
Section 11.5.2 Masonry Building FeatvIes. Retain original masonry
Q aid mortar Menever possible.
Avoid applying waterproof or water repellent coatings
to original masonry unless required to solve a specific
technical problem. Coatings are frequently unnecessary
and ve y expensive end can accelerate deterioration of
the masonry.
Repoint old mortar in the come joint size, method
of application, aril joint profile, composition,
color, and textures whenever possible. Avoid
repointing with mortar of high Portland cent
content; it am create a bond that in stronger
than the masonry, causing deterioration as a
result of the differing coefficient of expansion
and the differing porosity of the masonry and
mortar.
Clean masonry only when necessary to halt deteri-
oration and always with the gentlest method possible
such as low pressure water and soft brushes. Sand-
blasting brick or atone erodes the surface of these
materials and will accelerate deterioration. Avoid
using harshuhenicals which could have an adverse
chemical reaction with the masonry such as acids
on limestone or Marble.
Repair orreplace deteriorated materials with now
material that duplicates as closely as possible
the old. Replace missing architectural features
such as cornices, railings, brackets, and shutters.
Avoid using new materials which are inappropriate
such as artificial brick siding, artificial cast
stone or brick veneer.
Retain the original or early color and texture of
mascary surfaces wherever possible. Brick or stone
surfaces may have been painted orwhitewsahed for
practical ared aesthetic reasons. Removal of paint
from masonry surfaces may be historically incorrect
and may tject the building to hurtful exposure.
Repair stucco with a stucco mixture duplicating
as closely as possible the original in appearance
end texture.
Section 11.5.3. Frame Building Features. Retain original features
and materials whenever
possible, and avoid removing architectural features
such an siding, cornices, brackets, architraves,
end pediments.
Repair or replaceideteriorated material that duplicates
as closely as possible the original. Avoid resurfacing
frmne buildings with inappropriate new materials such
as artificial stone, brick veneer, aesbestos or asphalt
shingles, wide -width clapboards. Caution should be
used in applying vinal or alandamn siding, since
incorrect installation can contribute to thedeteri-
oration of the structure from moisture or insect
attack. Old siding should always be removed before
the application of any new material.
Section 11.5.4 Roof Features. Preserve the original roof shape
and all architectural features
which give the roof its essential character, such
as dormer windows, cupolas, cornices, brackets,
Chimneys, cresting, and weather vanes. Avoid
changing the original roof shape or adding feadrres
much an oversized dormer windows or picture windows
an the eaves.
Avoid replacing deterayrated rpof coverings with
new materiala that differ to such an axteat from
the old in terms a srshape, o color that
the appearance of the building is altered.
Pl.4e elevision antehhae, mechanical equipment,
and air conditioners in an inconspicuous location.
Section 11.5%5 Window and Door Features. Retain existing original
window and door openings
including vindow sash, glass, lintels, Bills, arehi-
traves, shutters, doors homes, teps, and all
hardware. Do notjiatroduce new door
door
openings into the principal slaves, Me, o -
larging or reducing openings to fit new stock
window and door sizes. Such changes destroy the
scale and proportions of the building. Do not
discard original doors and hazAanxe if they can be
repaired son, reused.
Respect the stylistic period or periods i building
represents. if replacement of window sash or doors
is necessary, the replacement should duplicate the
original as closely as possible. Avoid new window
and door features such as alumimm atom and screen
combinations that require the rmoaval of original
windows and doors, or the installation of plastic
r metal awnings or Peke shutters that disturb the
appearance of the buildingiQ Additional features
that do not require permanent alteration of the
doors or windows and that do not substantially
alter the appearance of the structure are acceptable.
Section 11.5.6 Porch and Step Featured. Retain parches and steps
which are important to
the appearance of the building and its development.
Repair or replace deteriorated architectural features
of wood, iron, cast itch, terra-cotta, tile, and
brick where possible. Avoid stripping porches and
steps of heMrails, balustrades, brackets, and roof
decorations. New construction should be as simple
as possible in a style as compatible with the
structure as possible, if original featured cannot