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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 „ .1 ...,., a 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