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.