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HomeMy WebLinkAbout1976-05-24 232 AD ORDINANCE232 AD Introduced by Councilor Bigney, My 24, 1976 CITY OF BANGOR (TITLE.) Mrbiltm= Amending _Chapt VII f.tM1e Ordinances of ,the City of Bangor- Historic Preservation Be k ordaiwd by W City Council of the Cky ofBanyor, as!biloma: THAT Chapter VII of the Drdinances of the City of Bangor be amended by adding a new Article 4, as follows; ARTICLE 4 - HISTORIC PRESERVATION Sec. 1 Intent and Purpose. This Ordinance is adapted Is accordance with the Charter of the Cay of Bangor, and pursuant to the legislative authority vested in the City by virtue of Title 30, Maine Revised Statutes, Sections 1911 and 2151 (2) (G), and acts amendatory thereto, for the purposes of preserving, protecting, and enhancing buildings and places or areas within the City which possess particular historic or architectural significance in order to promote the educational, Cultural, and ec omic welfare of the residents and visitors to the City' To achieve these purposes, it is intended that Historic Districts and related regulations be used to prevent alterations of buildings of historic or architectural value; to preserve the essential character of neighborhoods; and to assure that new buildings or structures constructed in neighborhoods and districts of historic or architectural value are designed and built in a choose which is coapatible with the character of the oeigh- bovhocd of district. Sec. 1 Definitions 2.1 Historic Dlatrict;-. Any place o which includes c ncompessee uch nistcric sites, area landmarks, r buildings, signs, appurtenances, structures or objects as may be designated in accordance with this Ordinance as appropriate for historical preservation. 232 AD IN CITY COUNCIL ORDINANCE 304 'Nay 24, 1976 Received lot reading. Referred to Cede and ordinance Review ( TITU,) amending Chapter VII of the Conrmmittee - Consider next:me tiny.. dinences of the City of Fenger Historic /�'B••�-i / RECEIVED CITY Re Preservation. CITY OF UNCOR IN CITY COUNCIL I- - CITY CLER%'a OFFICE Tune 14, 1976 jrtE L93 and (t Ey Consider July 26, 1976./2611 L4� j/' _—�' °1611R4.2U PH 12 U2 C14 C RK ` '_ (}aaq,•t .. _ IN CITY COUNCIL phis onftnance i6 crrect(y er¢rGSP6d '- July 26. 1976 Consider September 13, 1976. ei/k C IN CITY COUNCIL . September 13, 1976 - Consider October 25, 1976. jzCkmm[Ree � CITY C ..ii'' IN CITY COUNCIL > _may. CITY COUNCIL IN CITY COGNOF1, October 25, 1976 ember 22. 1976 December.. 13r1§7i ieiil". Consider next meeting Sonsider next meeting. Rac ived 2nd reading. o pomaded as shown same. �l...a _J �J..•�.n,9 / iQ',,,,,,J t city Sm c i dated CITYCIPK CITY C CITY Claw DeC mber 10, 1976 Nation N CITY CCUMIL ,made for passage. Mation.t0 ecembea 27, 1976 iN CITY COUNCIL - refer to Code and Ordinance Amended by deleting Subsection November 8, 1976 - Review Committee for public Consider next meeting. hearing and to consider next 6.3 and replacing it with the eting passed by the following attached sheat dated 12/27/76. 1 ye - Finally passed by the follow- ' yea and n inti. Councilors voting and no vote: Councilors yae: Saucy an Zinnigan, Henderson, Yea CITY CLEC Soucy a� 2enWzian. Councilors voting yes: Frerran, Finnigan, voting no: Gass, McKernan, Scales Henderson, Houcy• and Willey. ase -a -et -i..5 -aa Soulas, Willleyey ananr � 28ndvian CowcilA' absent. Gass 2.2 HisCa[ic Siert: My parcel of lead of special significancein Che history of the City and Its Inhabitants, or upon Which a historic event has occurred, add which has been designated a e such In accordance with this "UHa e. The term 'Historic Site" shall also include any improved parcel, r part thereof, on which is situated a historic Trademark, and any abutting improved parcel, or part thereof, used a and constituting part of the premises on which the historic landmark is situated as may be designated In accordance with this Ordinance. 2.3 Historic Landmark: Shy improvement, building or structure of particular historic or architectural significance to the City relating Co its heritage, Cultural, social, a wit or political history, or which exemplify historic personages or Important events in local, state ornational history as way be designated fa accordance with this Maleness. Sec. 3 Qualifications. The Historic Districts, Historic Sites or Historic Landmarks established in accordance with this ordinance shall have can or more of any combination of the following characteristics and qualifications, without Limitations as Co cultural or chronological period: 3.1 Structures or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, ocial o sociological history of Bangor and the action, in- cluding sites - cludfn-sites and buildings at which visitors may gold insight or see examples either of particular Stems o o£aaxgerpatterns in the North amexican heritage. 3.2 Structures or sites Importantly associated with historic personages. 3.3 Structures or sites Importantly associated with historic examples of a great ideaor ideal. 3.4 Structures or structural remain and site embodying examples of architectural types or specimens valuable for study of a period, style or method of building construction, of community organization and living, or of landscaping; or a single notable structure or a single site representing the work of a master builder, master designer, architect or landscape architect. 3.5 Structures Contributing to the visual continuity of the Historic District. 3.6 These sites or areas on or eligible for listing o the National Register of Historic PLace or NatIo al Historic Landmark. Sec. 4 Establishment of Historic Districts Historic Sites o Historic I mfvwwrka. Historic Districts, Historic Sites o Historic Landmarks shall be established and regulated by this ordinance, including the following; 4.1 Studies, Recommendations. Before the establishment of rict, Historic a Histhe oricHist District, Preservation Sites or Historic Landmarks, the Historic Commission shall conduct studies and research and make a report on the historic significant of the exteriors of buildings, structures, features, sites, objects, and surroundings in the City. The Commission report shall contain recommendations concerning the areae - to be included in the proposed Historic Districts, Historic Sites or Historic Landmarks. x 4.2 Reports. Copies of the report shall be transmitted for review and recommendation to the Planning Board and to the Maim Historic Preservation Commission. Not \J \b less than sixty (60) days after the transmittal, the \�1 Historic Preservation Commission shall bold a public Is' hearing thereon after due notice, which shall include .V4V a written =ties to the owners of all properties to be included In such Historic Districts. 4.3 final Report. after said public hearing, the Commission shall submit a final report with its recommendations and those of the Planning Board to the City council. 4.4 action by Council. The City Council Shall act on the report and recommendations. Upon the designation of any historic district, historic site o historic landmark,. the o of each such property shall be given written notice of such designation.. Designation of Historic Districts and Historic S1Ces. With the adaption of this Ordinance, the areaeas defined on a plan entitled "Historic Districts" prepared by the Maine Historic Preservation Commission, dated , on file in the Office of the City Clerk and made a part hereof, shalt be designated as Historic Districts, which shall also include all City property Located .herein and necessary to make a continuous district. Individual historic sites, buildings and historic landmarks as delineated on said plan shall also be designated as Historic Sites or Historic Landmarks and regulated in accordance with this ordinance. Additional historic districts, historic sites or historic landmarks may, be added from time to than by the procedure established by this Ordinance. Sec. 6 Historic Preservation Commission. 6.1 Members of the Historic Preservation Commission shall be appointed by the City Council which shall make such appropriations each year as may be necessary to fund the activities of the Commission. 6.2 The membership of such Commission shall consist of five (5) members, who shall be residents of the City of ..d Bangor. Appointments shall be made on the basis of d` demonstrated interest and ability to understand, appreciate ��y'�y 6 and the oses the HistoricPreservation 0'� Ordinates. 0 (1)pmemberfshallHbefrom the j pP I Board, one (1) member shall be a Registered Architect, the additional members shell be selected from the following: )-tl"residents of Historic Districts, historians, architectural (JroY historians, and historical Societies.)) 6.3 Renters shall be appointed for three (3) year terms except the initial appointments shall he staggered so that subsequent appointments shall rot recurme at the a time. Member of the Commission shall s without compensation r and shall a e than two (2)esuccessive terms. In agcy on the Commission, interim appoint- the event ofvacancy n ees may be made by Che City Council to Complete the unexpired term of such position. 6.4 Such Commission shall elect annually a chairman, vice- chairman and secretary from among its own membership. An affirmative vote of four (4) members shall be required to issue a Certificate of Appropriateness. 6.5 Said Commissionfor its purposes Shall adopt and may item time to time amend rules and regulations not inFovpietent with the intention of this ordinance and of the State enabling legislation. 6.6 The Historic preservation Commission may, subject t appropriations or other Income, employ clerical and technical assistants or consultants, and may accept grants, money gifts, or gifts of service, and may hold or expend the s ms 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 plans and assist in Complying with the requirements of this ordinance �e to the extent possible under the funding available to the Commission, in aeffort to further the accempLishment of this otdinance. The Commission may erect a suitable sign or Barker, indicating the historical fact of. any designated site or building, subject to appropriations or otherincome available to the Commission 6.7 As an alternative, the City Council may elect to appoint those persons serving on the Bangor Planning Board as the Historic preservation Commission. In such case, Historical Advisory Committee shall also be appointed by the Council to assist and advise the Commission on all matters Coming before it. The Historic Advisory Committee shall be Composed of at least five (5) members appointed from the following: (a) an architect; (b) at least one (1). resident of a historical district; (c) persona qualified s historians or architectural historians and (d) members of historical societies. To the extent possible, members shall have a known interest in historic preservation. The term for appointment shall be as defined for the appointment of the Historical Preservation Permission. It shall be the duty of the Historical Advisory Committee to review and sake recommendations to the Commission on all matters relating to the Historical Districts or Historical Sites. The Commission shall take all appropriate recognition of such recommendations in its deliberations before decisions of the Commission are made. Sec. ) Authority Granted. The Historic Preservation Commission is empowered to regulate the construction, alteration, repair, maintenance, moving or demolition of structures within the Historic Districts, and Individual sites or historic landmarks as delineated in this, ordinance. The Commission shall also review and comment on cry public improvements which may affect a" historic district, historic site or historic landmark. They shall assist and advise all such public bodies or utilities in creating and implementing public improvements which are compatible in style, texture, scale (� and atmosphere of such historic districts, in a effort to enhance and promote the. Ideals of Historic preservation and uniqueness of individual areas. I Sec. Noes Permitted. 8.1 Uses permitted in historic districts, historic sites ✓or mhistoric landmarks shall be those set forth in the ' pA llb pity of Bangor Zoning ordince provisions for the zone YI which the historic district, historic site or historic landmark is located. No buildings, structures or sites shall be constructed, reconstructed, altered, restored, unless a Certificate of Appropriateness bar been. issued by the Historic preservation Commission. No demolition or nal of existing buildings or structures may take ON ..+'o place for a period of six (6) months from the date of r[' application for a permit, or for a period of twelve (12) months in the case ofhffitoric landmarks, then only following compliance with procedures under Section 12 (Standards of Evaluation). 8.2 Adaptive Baee. For those buildings which are listed on the National Register, and which cannot be economically rehabilitated as defined in Section 12, for uses permitted within the z therefore, the following adaptive uses may be permitted with the approval of the Historic Preservation Commission and the Planning Board, provided all other requirements of the Zoning Ordinance ate met, specifically the standards for special exceptions. (1) offices for professional persona; (2) offices for the following service businesses: (a) real estate, (b) insurance; and (3) the following limited business uses; : (a) arta and raft galleries, (b) antique shops and (c)nursery and day schools. limited to students. g Sec. A' Certificate of Appropriateness. In any District, n buildingg permits shall be aissued lteration, by .the Code Enforcement Officer for any construction, alteration, e�10 or been issued until a corresponding fug certificate of appropriateness y i'�� has been Ye sued by [M Historic is Preservation Commission. P Y.1 Certificate of Appropriateness. A Certificate of Appropriate- was sued by the Commission shall be required before a permit is need for any of the following: S 8.1.1._ tchange in the exterior appearance of a his a statinor tc tMmtrb site o n, reconstruction in n or toricalter tn. district by addition, reconstruction or alteration. 4.1.2 Nemtuctien of a principal o accessory building or structure visible from apublic street where such building or 'structure will be.l orated in a. historic district. g�.1.3. Demolition of a historic landmark or of any building in a historic district. $8.1.4 Moving of a historic landmark or any building in a historic district. 18(.2 Applications. Application for a Certificate of Appropriate - was i11 be obtained from the Code Enforcement officer when obtaining a building permit, or when no building permit is required but when such activity must be approved by the Historic Preservation Commission. per. LQ Application Procedure. Written application for the Cert Lficare of Appropriateness shall be submitted 2s the Historic Preservation Commission stating the location, we and nature of the matter of, item for which such Certificate is sought. Application for a Certificate of Appropriateness shalt be submitted to the Code Enforcement officer, who shall transmit such applicationis the Historic Preservation Commission for action. When the Commission acts on the application, it shall be returned to the Code Enforcement Officer who shall thenissueordeny permits as appropriate. 1)(0.1 Application Contents. The application shall state the ( location, use and nature of the matter for which such c rtif irate is sought and shall train at least the fall wing information or astronauts - rise unless any such information or documentation is expressly waived by the Commission: % io. 1.1 The applicant's name and address and his interest in the subject proprerty. y xo. 1.2 The asset's se and address, if different from thefapplicant'e. 9 }6.1.3 The address orlocation of the subject property. Ij l6.l.4 The present use and zoning classification of the subject property. 9 }6.1.5 A brief description of the construction, r - struetioa, remodeling, alteration, maintenance, demolition or moving requiring the issuance of a Cwticicate of Appropriateness. 14.1.6 A drawing or drawings indicating the design, texture, color 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 appea the architectural design of the buildingsincluding materials, textures and colors, including samples of materials and colors. q 14,1.] Photographs of the building involved and of adjacent buildings. -A 46.1.8.site plan Indicating improvements affecting appearance such as walls, walk$, terraces, planting, accessorybuildings, signs, lights and other elements. The Commission may waive the requirement for a site plan if the change involved would not - affect the improvements shown on auch a plan. 0 See. Xl Administrative procedures. p+.l Notice to Owner. Prior to denial of a Certificate of Appropriateness, , the Commission shall reas inably be :'take such action as may re sonny ly be required easy ike to inform 0M1e or person to chargeof any property likely Co be mater felly affected by [fie application, and shall glue the th 'mhm applicant and such owner an opportunity to be heard.' M 1/1.2 Heanin2. In ca s where the Commission deems. it necessary, it may hold a public hearing concerning the application. 10 Y.3 Approval. If tM Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall approve a Certificate of Appropriateness and return It to the Code Enforcement Office[ for issuing of necessary permits. lb 14.4 Disapproval. If the Commission determines that a Certificate of Appropriateness should not be issued, it shall place upon Lts:raeoidthe reasons for such determination and shall forthwith return the application to the Code Enforcement Officer who snail notify the applicant of such determination, furnishing him an attested copy of the reasons therefor, and the recommendations, if any, as appearing in the records of the Commission. }'1.5 Appeals. An appeal fy final decision of hM1e as to Commission as to any matter Over which it has final authority may be taken by any party or by any authorised officer or agent of the City Co the Maine iRu Court in accordance with Rule 80Bof the Maine Rules of Civil Procedure. Sec. yL Standards of evaluation. cThe ontained in and Section shoe contained Lm tufa icatfomenell be used an review of sapplicat pecifically for Certificates of Apporopr and place. ae Co procedures before demolition can take place. }2.L Reconstruction Alterations and Maintenance. A building or structure classified as s historic landmark, or a building or structure located in a Historic District, or any part thereof, or any appurtenance related to such structures, including butnot limited to walls, fences, light fixtures, steps, paving and signs shall act be'reconstructed, altered o maintained, and o Certificate of Appropriateness shall be ised for such actions, unless they will preserve or enhance its historical and architectural character. )eL2 Demolition or Removal. A historic landmark, or any building or structure in a historic district, or any appurtenance thereto, shall Act be demolished movedor and a CertifiCAte of Appropriateness shall not be appoved until either (a) in a Historic District such building or structure has beenidentified by the Commission as incompatible with the historic District inwhichit is located, or (b) the property owner can demonstrate that it is incapable of earning an economicreturn on its value in .its present location as appraised by a qualified real estate appraiser. if such a demonstration can be made, issuance of Certificate for '?$�,. wept or demolition shall be delayed foz aper ltd of iz '?VRmonths for buildings or structures within a Historic District, and for a period of twelve (12) months for historic Landmark4 Such time period shall c e when an application for Certificate and the Statement of Sale, as outlined below, have been filed with the Commission. Notices shall be pasted on the pre of the building or structure proposed for demolition as location.. clearly visible From the Street. In addition, notice shell be published innewspaper of general local circulation at least three (3) times prior to demolition, the final notice of which shall be not Less than fifteen (15) days prior to the date of the permit, and the first notice of which shall be published no more than fifteen (15).days after the application for a. permit, to demolish, is filed. Prior to 10 the issuance of such certificate for removal, mmval, the owners shall stipulate that the proper notices a required had been. pasted, that the property was properly offered for sale, that there has been no been fide offers made, and that no contract for sale has been executed with interested parties. The owner 'shall for the period Of time set forth add at aprice reasonably related to its face market value, make a bond fide offer to sell such building or structure, and the land pertaining thereto, to any per , firmcorporation, government or agency thereof, on political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the building o structure and the land pertaining thereto. Prior to ending such offer to Sell, an owner Shall first file a statema nt with the Dietetic Preservation Commission, identifying the property, the offering price and the date the offer to sell shall begin. The time period set forth in Section 12 shall not c until such statement has been filed. The purposes of this Section is to further the purposes of this Ordinance by preserving historic buildings which are important to the education, culture, tradition$, and the economic valves of the City, and to afford the City, interested persons, historical societies or organizations the opportunities to acquire or to arrange for the preservation of such buildings. The Commission may at any time during Such stay approve a Certificate of Appropriateness in which event a permit shall be issued without further delay. XG.3 ConstxuctjoE of We HuildinRs end Structures in Historic Districts. The ns;Mtion of a new building or structure within a Historic District sloll be generally of Seth design, form, proportion, masa, configuration, building material, texture, color and location on a lot a will be compatible with other buildings in the Historic District and with streets and open spaces to which 1t is visually related and in keeping with the area. 11 X .4 Visual Compatibl ity Factors. Within Historic Districts, new construction and existing buildings and structures and appurtenances thereof which are wed, reconstructed, materially altered, repaired or changed in color shall be visually related generally in terms of the following factors: J X ..4.1 Height. The height of proposed buildings shall compatible with adjacent buildings. 11.4.1 Proportion of buildings front facade. The relation- ship of the width of the building to the height of the front elevation shall be visually compatible with buildings, structures, and open spaces where It is visually related. }P.4.3 Proportion of openings within the facade. The f windows of the width of the hall be to Might of wtndowa and doors i a building shall be of compatible with thosebuilding of s virus aha doorselate of buildings to which CM1e building i visually related. 11 X2.4.4 Rhythm of solids to voids in front facades. The relation- ship of solids to voids in the front facade of a building shall be visually compatible with that of the buildings to which it is visually related. 0.4.5 RMtire of spacing of buildings on streets. The relation- ship of the building to the open space between it and adjoining buildings shall be visually compatible to those prevailingin the area to which it is visually related. 14.4.6 Rhythm of entrance and/0r porch projection. The relation- ship of entreated and porch projections to sidewalks of a building shall be visually compatible with those of buildings to which it is vlegally related. 0.4.7. Re Laato whip of materials, restores and color. The relation- ship of materials, texture and color of the facade of a building shall be visually compatible with that of the predominant materials used in the buildings to which is visually related. p 13.4.9 Roof ahaoea. The roof shape of building shall be visually coraparLble with that of the buildings to which b . is visually related. �.4.9 Scale of building. 16e size of the building, the building mass of a building is relation to open spaces, the windows, door openings, i; porch§e and balconied shall be visually compatible with those characteristics of buildings and spaces to which it is visually related. ,11(.4.10 Directional Expression of front elevation. A building shall be visually compatible with the building, squares, and 12 plaoee to which it to visually related In its directional character, whether this be vertical character, horizontal character or non -directional character. Sec. ki Maintena�ae. j3.1 ordinary Maiatenance Permitted: Public Safety. 13.1.1 Crdtnazv Maintenance permitted. Nothing to this ordinance shall be construed to prevent the ordinary maintenance o repair of any exterior feature in a Historic Bistt ict Or of any Historic Landmark which does not involve achange in the design, material, or outer appearance "L thereof. ra.L.2 Safety. Nothing in this Ordinance shall prevent the construction, reconstruction, alteration, restoration, or demolition of any feature which the Inspector of Buildings shall certify is required by the public safety because of an unsafe or dangerous condition. 3 f4.2 Maintenance and Repair Required. Neither the owner of Our the person In charge of a structure within a Historic District, or of a Historic Landmark shall permit such historic structure or historic landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Commission,a detrimental effect upon the character of the historic distict as a whole or the life and character of the historic landmark or structure in question, or whichcould lead to a claim that demolition is necessary for public safety, including but not limited to: M 0.2.1 The deterioration of exterior walls or other .vertical supporta. 163.2.2 The deterioration of roofs or other horizontal members. ki.2.3 The deterioration of exterior chimneys. }G3 .2.4 The deterioration or crumbling of exterior plaster or mortar. r 2.5 The s, roofs, a waterproofing of exterior Ovalle, roofs, and foundations, including d _ broken windows ax octfl. 13 43.2.6 The deterioration of any feature so as to sate or permit the creation of any hazardous of unsafe Condition or Conditions. Sec. IS Acquisition of Historic Easements. The City Council my, on behalf of the City of banger and where deemed in the public interest, acquire by purchase, donation or any other manner permitted by law, such historic easements as may be recommended by the Commission. For the purposes of this Section, "�s the term "historic easement" shalt mea any easement,. restriction, �y covenant C conditionrunning with the land, designated to preserve, / maintain or enhance all or part of the existing state of places of historic, architectural, o cultural significance. Sec. 1,5 penalties. Violations. Any person who violates any provisions of this prdinance shall be guilty of a misdemeanor and shall be puafsbed by a fine of get more than $100.00 and not leas then $25.00. Each day that a violationcontinues shall be deemed a separate offense. X1.2 Additional Remedies. In to the provided herein, ionremedies herein, the Commission and/or the Code the d/ spent Office specificallyCo anfoz any and all and proceedings, in taw in ngs, in equity, n necessary obtain compli. with may deem aro andappropriateOrdinance to ent glance the re of this Ordinance or to prevent a to pre .- d violation CM1xeatened vtolat ion thereof. threatened &yngor, the ancer of Maine—the Wannay to A aine's NOT 'Woods anu Seashore n'esoris All a3� OD w AAR. City S,Wwwr 'sag of Pangvc, Conine meander 10, 1976 Mr. James Henderson, Chairman Codes and Ordinance Committee a Bast Street Bangor, 1Faine 04401 He: Historic Preservation Ordinance (Council Ordinance 232AD) near Sim: In accordance with the Commdttee'a instruetiOns, the following anendm®ta are proposed for Council Ordinance 232An. A"copy of this letter is being sent be each individual member of the Council for their review. It is hoped teat if these proposed amendgents are an order, that item could be adopted Monday night. 1. Section. 1, twelth line to be amended ee follows: . . . prevent inappropriate alterations...." 2. Section 4, to be deleted and replaced with the following: Seo. 4 Hstablisheent of Historic Districts, Historic Sites Ur 111stor'1c Lsnconarks. Hletorlc districts, hia Loric nitcn or hiotorie l,cninearko shall be established Dy amendment to Section 5 of this ordinance. All such amendments shall be initiated by the completion of a fore directed to the Chairmen of the Commission and filed with the Planning nepartannt, City Hell, Bangor, Nhine. The Chairman -shell thereafter oa11 a meeting of the Coamiseion for purposes of formulatiog the Commdseion'a recammendatlori "concerning the request. At Mr. James Henderson Page 2 December 10, 1976 the same time the Planning Director 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 (2) days for preparation of ell 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. 4.1 Studies, recommendations. Before making its recommendation concerning the proposed establishment of a historic district, historic site or historic landmark, the Commission may conduct studies and research on the proposal. The Commission will make a report to the Council an every request received. Drafts of the report shall also be mailed to the Maine Historic Preservation Commission for review and torment. 4.2 Publio Hearing Final Report. Before a final report is made to tlm Council, the Historic Preservation Cam luuloi ubal1 hold n pubic hearing on the request, after due notice. Written notice of the proposal Shall be given to the applicant, Owners of all property abutting or to be including within one proposed designation, end all other persons found by the Commission to have a special interestin the proposal. After Said public hearing, the Commission shall submit a final report with its recommendations to the City Council. 4.3 Action by City Council. After receipt of the Commission's recommendations, as provided above, the City Council shall consider and take all appropriate action on said proposed amendment in ncoordance with tlmm City Charter, the Couneil'e rules of prom uv adopted pu nt 1.turuto, ,uut Vm laws of win Staate ofMaine. Within ten (10) days after the designation of any historic district, historic site or historic landmark, the owner of each property so designated shall be given written notice of such designation by the City Clark. 3• Section 5 to be delotbd and replaced with the following: Sea 5. NistorR Dfetricta, Historic Sites end Historic Landmarks Lee noted. The Following deacr etl lends, b ldinge o structures, or areas of the City are designated Av 4 Wx. James Henderson Page 3 Beeember 10, 1976 historic district$, historic sites or historic landmarks, as follows: 5.1 Historic Districts. (Reserved) 5.2 Historic Sites. (Reserved) 5.3 Historic Landmarks. (Reserved) 4. Section 6, Subsection 6.2 shall be amended by deletion of the second and third sentences and replacing them with the follawdng: Appolnveenta shall be made on the basis of demonstrated interest, ability, experience and desire to promote historic preservation in the City of Bangor within the meaning of Section 1 of thin Ordinance. In addition to the regular ambers of the Commission, the City Council may appoint other person$, not necessarily residents of the City of Bangor, who shall se advisory or consultant basis to assist the members of the Chadissfonrin the performance of their functions. 5.. Section 7 shall be deleted in its entirety and the remaining sections re to be renumbered accordingly. 6. Section 7 (new) shall be deleted and replaced with the following: Sec. 7 Uses permitted. Uses permitted in historic districts, historic "Use er historic landmarks shall be those set forth in the City of Bangor Zoning Ordinance provisions for the sone in which such district, site or landmark are. located. 7. Section 8 (new), first sentence shall be emended to read as follows: Sec. 8. Certificate of Appropriateness "In any historic district and with respect to any be issue site he Coda Luf landmark, no building permit shell be issued by the Coda Lnfaxcement Officer- . 8. Section 10, Subsection 10.1 (new) Is to be emended to read as felldwa: 10.1 Notice to Owner. Prior to Issuance or denial of a certificate of appropriateness, the Comsission shall take such action as may be r conably be required to inform by U.S. mail the applicant,eall -persons owning abutting property and/or within 100 feet of the exterior boundaries of the real estate under consideration in the application add all such other persona as the Council may deem appropriate of thependenoy of the application, 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. Mr. James Henderson Page 4 December 10, 1976 Failure of any person owr�:g property within said 100 feet to receive notices provided herein shell ret necessitateenothea bearing or invalidate any action by the Commission. 10.2 Hearing. At the request of theapplicant, or any other person receiving notice under Section 10.2 above, or where the Commission deems it necessary, a public hearing on the application may be conducted by the Comais- Sion. 9. Section 11 (new), Subsection 11.2, thirteenth line to be amended as follows: i £ex-e'•gee#eH-e£-e#x-Fb�-meaEpe-£ea-8u#}d#nge-ex-e5xaebdPee for w#Ehis-ea-M4eEex#e-e#earperi-Sax-e-pesiea-e£-Ewe}xa-E}a�-weaEHc-fax a#aEex#e-}aa9maxke." for a period or lac Jaya. 10. Section 14 is to be deleted in its entirety. - If you have any questions onwould like to discuss the matter further, please feel free to call me this weekend. Very truly yours,' Robert E. Millar City solicitor MH10&AdD,E, October 25, 1976 ID: Codes 5 Dedicatee Review Committee FROM: Robert E. Miller, City Solicitor RC: ConnciT OrdinaMe No. 232 AD - Historic preservation At the last meting of the Committee, a request was wde that this office prepare certain proposed amMOrdinance to Council Ordin a No. 232 AD. The following{ a list of the proposed revisions, together with arm comment. A. The Committee found no special problems with the first three actions of the proposed ordinance. However, these three sections will have to be revised s mwhat if the planning Board is given responsibility for administering the ordinance, All of the comments contained herein are proposed on the assumption that a separate agency will be established. B. Section 4 [elates to the minner in which historic districts, sites and landmarks are to be established. At the Committee's meeting, there was considerable discussion about this particular provision. It is my understanding chat the present feeling of a majority of the Committee is that this particular ccion and thenest section 5 should be deleted and revised completely. Accordingly, the following Is offered asa proposal. Additionally, it. i recoomended that the basic ordinance be adopted before the districts, sites and landmrkes established. They Should be separate action on the pa[ of the Council once the basic ordinance has goes into effect. As a practical matte[, work on the initial designations can be started as soon as it appears that we know what form the ordinance will take. Sec. 4 Establishment of Historic Districts, Historic Sites or Historic Landmarks. Historic districts, historic sites or historic landmarks Shall be mtablfahed by amandusnt to Section 5 of this ordinance. All such amendments e1u1L be initiated by the completion of a form directed to the Chairman of the Comaisston and filed with the planning Department, City Nall, Bangor, Maine. The Chairman shall thereafter call a meting of the Commission for purposes of formulating _ the Commission's recommendation concerning the request. At the name time the Planning Director shall take all eery action to place the request on the agenda of the next regular meeting of the City Council, allowing aminfmum of two (2) days for preparation of ail necessary documents prior to the closing of any Council agenda, Pending receipt of a report of the Com Lssien n®endations, the City Council shall; .Cake no further action on the proposed amendment. 4.1 Studies, r o®endations. Before making its camwendat ion concerning Che proposed establishment of historic district, historic site or historic landmark, the Commission may conduct studies and research on the proposal. The Commission will make a report to the Council on every request received. Drafts of the report shall also be maLled t the Maine Historic Preservation Commission for review and comment. 4.2 Public Nearing Final Report. Before a final report is made to the Council, the Historic Preservation Commission shell hold a public hearing on the request, after due notice. Written notice of the proposal shall be given to the applicant, owners of all property abutting or to be included within the proposed designation, and all other persons found by the Commission to have a special interest in the proposal. after said public hearing, the Commission shell submit a final report with its recommendations to the City Council. 4.3 Action by City Council. after receipt of the Commission's recommendations, as provided above, the City Council shall consider and take all appropriate action on said proposed amendment in accordance with the City Charter, the Council's rules of procedure adopted pursuant thereto, aM the laws of the State of Maine. Within ten (10) days after the designation of any historic district, historic site or historic landmark, the owner of each property so designated shall be given written notice of such designation by the City Clerk, Sec. 5 Historic Dist x acts Xiatox is gitea and Historic Landmarks Designated. a fo llowing cr abed lantle, buildings o structures, or areas of the City are designated historic districts, historic sites or historic landmarks, as follows! 5.1 Historic Districts. (Reserved) 5.2 - Historic Sites. (Reserved) 5.3 Historic Landmarks. (Reserved) The identification of the various sites o as to he so designated should probably be accomplished with a map. The pop can be added as a part of Sec. 5 at the time of the initial amendment. C. 'Section 6 is being left as originally proposed. At the last. eating of the Committee, Councilor Sidney recommended amended that it be deleted in its entirety. However, bath Councilors Sullen and Henderson indicated some Interest in theoreatLon of a separate historic preservation agency, but ached no final decision Of course, the Committee will have to make'a decision in`espect to this particular issue before a final proposal IE submitted to the Council. - D. Section 1 1s to be deleted in its entirety. E. Section 8 is to be deleted In its entirety and replaced with the following: See. 8 'less permitted. Uses permitted in historic districts`, historic sites or historic landmarks shall be those set forth in the City of Bangor Zoning "ordinance provisions for the zone in Mich such district, site orlandmark are located. F. Section 9 shall be amended to read as follows; Sec. 9 Certificate of Appropriateness. In any historic district, historic site or historic Landmark, .. G. Section 11.2 shall be deleted and replaced with the following: 11.2 Heating. At the request of the applicant, or the owner of a" *that property within the historic district within which the property is located, or where the Commission deems it necessary, a public hearing on the application may be conducted by the Commission. H. Section 12 is to be reconsidered by members of the Committee. it is my current suggestion that it beretained. You will nate that I have deleted all of the demolition and removal provisions previously found in Section 8. However, I would amend a portion of subsection 12.2 to read an follows: A historic landmark, historic site or any building or structure n the historic district, or any appurtenance thereto, shall not be demolished or removed. . If such a demonstration can be made, issuance of a certificate for movement or demolitionshall be delayed forund a period of one hred i €a gM1ty (I80) days e-f6jmntka €ee-bei4dfaga- -iefae-unda-kfelee ie-dietciel r-era-€ee- period -at -twelve -( tater€e-landmarke. Such time period shall conamence on the date the application for a Certificate of Appropriateness is filed with the Commission. 4 1. Relative to Section 13, it is my understanding that an changes are to be made to this section. [ f1.M no reason to retain the provisions of Section 14.' Although 013 is takes. from the gLHLO meant, it serves little purpose except tp vemtnd Hu Clty Council -,the Commission and the public as to analternative that might be availabletothe event a treasured building it to be demolished. There is o question in my mind that the City Council may acquire historically; significant buildings. However, there My be same question whether the power of eminent domain is available for such purposes. R,E.M AMENDMENT PROPOSAL December 27, 1976 Council Ordinance 232 AD (Historic Preservation 63 two members of the commission shall be initially appointed to serve terms of three (3) years; two shall initially be appointed to sense terms of two (2) years, and the remaining member of said Commission shall be appointed to serve a term of one (1) year. All appointments thereafter made shall be far a term of three (3) yeasexcept in those instances i which the appointment is made to fill a vacancy in term, in which case the appointment shall be fun the reminder of the unexpired term. members of the Commission shall serve e without compensation and shall a s e than two (2) s tem s. tes. Persona appointed to serve in an advisory or consulting capacity shall hold such office during the pleasure of the Council.