HomeMy WebLinkAbout1976-05-24 234 AD ORDINANCE234 M
Introduced by councilor Soucy, May 24, 1976
CITY OF BANGOR
(TITLE,) MINIMUM, Amending.,2Aiag.Rsdinauce..eG..I],lanaaa...Avenxa
Be it ordainod Ey Bu Ctv Count of Us City ofBanyor, aw 141knav
THAT the zoning boundary lines as established by the Zoning Nap of the
City of Conger dated September 23, 1974, as amended, be hereby further
amenidd as follows:
By changing from Industrial Park 1 Was to Airport Zone, a parcel of
land on the west side of Illinois Avenue, north of Griffin Road, as
indicated on the map attached hereto and made pert hereof.
a
yes:" Mellon, Bigney, Brountas,
Finnigan, Gass, Henderson, Mooney,
Story and Stelae.
/1j" e.. lj. 9.
CITY C A
RE
RECEIVED
CITY OF ONCOR
OITY 04wt OFFIOE
9
16 Mhj 20 Ptl l2 03
234 AN n
IN CITY COUNCIL
- OED INANCE -
may 24, 1976
Received Ist reading. Referred
. Mending zoning Ordinance at
to Planning Boefd. Considerc'T.J
,h
ext meatiny.
Illinois Avenue
cxTr Px
IN CITY COUNCIL
IRtM1tlIr6S BM filed t
Suns 14, 1976
Amended by adding attached'
- -
/
STATEMENT OF FACT, Received
2nd reading. Report from
- - ('mctlmon
Planning Board read. Final
passage by the following yes
and no vote Councilors voting
- -
yes:" Mellon, Bigney, Brountas,
Finnigan, Gass, Henderson, Mooney,
Story and Stelae.
/1j" e.. lj. 9.
CITY C A
RE
RECEIVED
CITY OF ONCOR
OITY 04wt OFFIOE
9
16 Mhj 20 Ptl l2 03
L11 Y/ %4
Re; Council ordinance 334 A➢
STATEFORM OF PACT: The purpose of this amendment is to permit the
davelopment of certain areae located on the airport, and show o
the map attached hereto, for retail and service purposes, including
banking facilities, motels, hotels, gasoline service stations and
sales and service of new and used automobiles.
EXISTING AIRPORT ZONE
AIRPORT ZONE TO BE ADDED
-� EXISTING INDUSTRIAL PARK? ZONE
.scale: V=320'
I
AP
I
I
j�
0
I�
EXISTING AIRPORT ZONE
AIRPORT ZONE TO BE ADDED
-� EXISTING INDUSTRIAL PARK? ZONE
.scale: V=320'
Bander, t4 reran. of Maine -the Gateway to Maine's Narth Wiest and Seashore Raern
CAM, J, s0suSUD
of Pier,
C""""`
PLANNING
DCPARTMXNT
June 9, 1976
M: honorable City Council
FROM: Planning Heard
RE: Zone Change - West aide of Illinois Avenue
Council Order 234AD
Please be advised that,the Planning Board held a Public Hearing
on June 7, 1976 on the above request for a zone change from Industrial
Park to Airport 'lone.
After consideration of the proposal and the Purpose of the change,
the Planning Hoard voted unanamously to approve the zone change.
t Carl,C. bud
Planning Director
C.M:lgl
PROPOSED ORDNJAwCE
--- including 12/13/76 Amendments
CHAPTER VII
ARTICLE 4 - HISTORIC PRESERVATION
Sec. 1 Intent and Purpose. This Ordinance is adopted in accordance with the
Charter of the City of Bangor, and pursuant to
the legislative authority vested in the City by virtue of Title 30, -
Maine, Revised Statutes, Sections 1917 and 2151(2)(G), and acts
mandatory thereto, for the purposes of preserving, protecting, and
enhancing buildings and places o within the City which possess
particular historic o architectural significance in order to promote
the educational, cultural, and a 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
inappropriate alterations of buildings of historic or architectural
value: to preserve the asential character of neighborhood$: and to
assure that new buildings 'o structures constructed in re Lghborhoods
and districts of historic or architectural value are designed and
built in a mesurar which i compatible with the character of the
neighborhood or districts -
Sec. 2 Definitions.
2.1 Historic District. Any place or area which incl Was or
mpae such historic sites, historic landmarks,
buildings, signs. appurtenances, structures or objects
as nay be designated In accordance with this Ordinance
as appropriate for historical preservation.
2.2 Historic S1 -e. Any parcel of Land of special significance
in the history of the City and its inhabitants, or upon
which a historic event has occurred, andwhichhas been
designated as such in accordance with this Ordinance. The
term "historic site" shall also include any Improved parcel,
r pact thereof, on which is situated a historic landmark,
And any abutting Improved parcel, or. part thereof, used a
and constituting part of the promises on which the historic
landmark is situated as may be designated in accordance with
this Ordinance.
2.3 Historic Landmark. Any improvement, building or structure
of particular historic or architectural significance to the
City relating to its heritage, cultural, social, -economic
or political history, or which exemplify historic personages
or important events in local, state or national history as
my be designated in accordance with this ordinance,
page 2
See. 3 Qualifications. The historic districts, historic sires or historic
lander" established in accordance with this
influence shall have one or were of a" combination of the following
characteristics and qualifieatfons, without limitations as to
cultural or chronological period:
3.1 Structures or sites at which events b r have
occurred that contribute to and are identified with
or significantly represent ofeemplify the broad
cultural, political, economic, military, social or
ociological history of Bangor and the nation,
including sites and buildings at which visitors may
gain insight or see
examples either of particular
items or of larger patterns in the North American
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 idea�i
3.4 Structures or structural remains and sit ef 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 Those sites or areas on
r eligible for feting on
the National Register of Historic Plaut National
Historic LaMwrk.
Sec. 4 Establishment of Historic Districts, Historic Sites or Historic
Landmarks. Historic districts, historic sites or historic
landmarks shell be established by amendment to
Section 5 of this Ordinance. All such amendments shall be
initiated by the completion of a form directed to the Chairman
of the Commission and filed with the Planning Department, City
Hall,eangor, Maine. The Chairman shall thereafter call a
meeting of the Commission for purposes of formulating the
Commission's recommendation concerning
rning the request. U the same
thus the planning Director shall take all necessary action to place
requestthe request on the agenda of the next regular meeting of the City
Council, allowing a minimum of two (2) days for preparation of all
necessary documents prior to the closing of any Council agenda.
Pending receipt of a report of the Commission's recommendations, the
City Council shall take no further action on the proposed amendment.
Page 3
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 on every request
received. Starts of the report shall also be wiled to the
Naive Historic Preservation Commission for review and comment.
4.2
Public Hoaxing, Pinel Report. Before a final report is made
to the Council, the Historic
preservation Commission shall hold a public hearing on the
request, after due notice. Written notice of the proposal shalt
be given to the applicant, owners of all property abutting or
to be imdMed within the proposed designation, and .all other
persona fauna by the Commission to have a special interest in the
proposal. After said Palle heating, the Commission shall submit
a final report with its reccmmendationa to the City Council.
4.3
Action by City Council. After receipt of the Commission'$
recommendations, as provided above, the
City Council shall consider and take all appropriate action o
said proposed amendment in accordance with the City Chatter, the
Council's rules of procedure adopted pursuant thereto, and the
laws of the State of Maine. Within ten (10) days after the
designation of a" 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 Hstatic
Bfatr iota, Rlator is Sites 22 Historic Landmarks Oeaf mated.
The
fallowing tleea l6ed lands, guild Inge o sttucIores, a of
the
City are designated historic districts, historic sites or
historic laMwrks, as. follows;
5.1
Historic Districts. (Reserved)
5.2
Historic Sites. (Reserved)
5.3
Historic LaMmarka. (Reserved)
See. 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
Bangor. Appointment$ shall be made on the basis of
demonstrated interest, ability, experience and desireto
promote' historic preservation in the City of Bangor within
the meaning of Section L of this Ordinance. In addition to
page 4
the regular members of the Commission, the City Council
My appoint other persons, not necessarily residents of
the City of Baagox, who shall serve on an advisory o
sultan basis to assist the members of the Commission
in the performance of their functions.
X6.3 Members shall be appointed for three (3) year terms
except the initial appointment$ shall be staggered so that
Subsequent appointments' shall not recur at the same time.
Members of the Commission shall s without coapensaCion
and shall serve
e than two (2) successive terms. In
the event ofvacancy ancy on the Commission, e Interim appoint.
ments mayhe made by the City Council to complete the
unexpired term of such position.
6.4 Such Commtasion shall else[ annually a chairman, vice-
chairman and secretary from among its own membership. M
affirmative vote of for (4) members shall be required to
issue a Certificate of Appropriateness.
6.5 Said Commission for its purposes shall adopt and mayfrom
time to time amend rules and regulations met inconsistent
with the intention of this _Ordinance and of the State
enabling legislation.
6.6 The Historic preservation Commission may, subject to
appropriations or other income, employ clerical and
technical assistants or consultants, and may accept
Create, money gifts, or gifts of service, and my hold
or expend the same for all orany of the purposesof
historic preservation in the City of Bangor. The
Commission shall advice and assist owners of designated
structures or historic sites with planeand assistance
In complying with the requirements of this Ordinance
to the extent possible under the funding available to
the Commission, in an effort to further the accomplishment
of this Ordinance. The Commission may erect a suitable
sign or marker indicating the historical of any
designated
site or building, subject t appropriations
or otherincome available to the Commission, -
6.7 es an alternative, the City Council may elect to ppm int
those perm serving on the Bangor Plannin and as he
Hiatoric Pre[ vatfon Commission. In e case,
a
Historical ad ory Committee shall so be appointed by
the Council to silt. and "via a Commission on all
matters coming be re it. Historic advisory Committee
shall be composed o t eat five (5) members appointed
from the following:aarchitect; (b) at least one (1)
evident of a h Tical istrict; (e) persons qualified
as historiansrchitect1 historians and (d) members
Of histori aociet fee. TO extent possible, members
Page s
shall have a grown Interest in M1IeC xxc preservation. The
term for ap ointment shall be a efi,ed for the appointment
of the Histo is pre alio salon It shall be
the duty of t Historic Advisory Committee to review and
maker o mem! Ione the Commission on all matters
relating to the orical districts or historical sites.
The Commission take all appropriate recognition of
such re atfons n its deliberations before decisions
of the Commies ion are a.
Sec. ) Uses Permitted. Uses permitted in historic districts, historic
sites or historic landmarks &halt be these set
forth in the City of Amager Seeing Ordinance provisions for the
one in which such district, site or landmark are located.
Sec. 8 Certificate of Appropriateness. In any historic district and with
aspect to any historic site o
historic landmark, no building permit shell be issued by the Code
Enforcement Officer for any construction, alteration, or demolition
until acorresponding; certificate of appropriateness has been issued
by the Historic Preservation Commission.
8.1 Certificate of Appropriateness. A Certificate of Appropriate -
bass issued by the Commission
shell be required before a permit s need for any of the
following:
8.1.1 MatefiaL change in the exterior appearance of
a historic la:deark, site or any building In a
historic district by addition, reconstruction
or alteration.
8.1.2 New construction of a principal or accessory
building or structure visible from apublic
street where such building or structure will
be located in a hietor IT district.
8.1.3 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.
8.2 Applications. Application for a Certificate of Appropriateness
Shull be obtained from the Cade 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. -
Sec. 9 Application Procedure. Written application for the Certificate of
Appropriateness Shull be submitted to the
Historic Preservation Commission stating the location, we and nature
of the matter or It= for which such Certificate is sought. Application
Page 6
for a Certificate of Appropriateness shall be submitted to the Code
Enforcement Officer, who shall transmit such application to the
Historic preservation Commission for action. When the Commission
acts on the application, it shall be returned to the Code enforcement
officer who shall then issue or deny permits as appropriate.
9.1 Application Contents. The application shall state the
location, one and nature of the
matter for which such certificate is sought and shall
contain at least the following information or documenta-
tion unless any such information or documentation is
expressly waived by the Commission:
9.1_1 The applicant's name and address and his -
interest in the subject property.
9.1.2 'fie owner's name and address, if different
from the appt£cant's.
9.1.3 The address or location of the subject property.
9.1.6 The present use and zoning classification of the
subject property.
9.1.5 A brief description of the construction, recon-
struction, remodeling, alteration, maintenance,
demolition or moving requiring the issuance of a
Certificate of Appropriateness.
9.1_6 A drawing or drawings indicating the design,
Castors, color and location of any proposed
alteration o construction for which the
Certificate le being applied. As need herein,
drawings shall man plana and exterior elevations
drawn to scale, with sufficient detail to show
s far as they relate to exterior appearances,
the architectural designofthe buildings, including
materials, textures and colors, including samples
of materials and colors.
9.1.7 Photographs of the building involved and of
adjacent buildings.
9.1.8 A site plan indicating Improvements affecting
appearance such as walls, walks, terraces, planting,
accessory buildings, signs, lights and other
elements. The Commission may waive the requirement
for a site plan if the change involved would tot
affect the improvements shown on such a plan.
Page
Sec. 10 Administrative procedures.
10.1 Notice to Ower. Prior to issuance or denial of a
Certificate of Appropriateness, the
Commission shall take such action as may be reasonably
required to inform by B. S. mall the applicant, all persons
wing abutting property And/or within 100 feet of the
exterior boundaries of the real estate under consideration In
the application and all such other persons as the Council my
deem appropriate of the pendency of the application, and shall
give such parse= an opportunity to be heard. For purposes
of the notice required hereunder, the owners of property shall
becwensidered to be those against wham taxes sed on
the prior April 1. Failure o
of any person owning
within said 100 feet to receive notices provided herein shall
not necessitate another hearing or invalidate a" action by
the Commission.
10.2 Hearin At the request of the applicant, or any other
person r eceiving notice under Section 10.2 above,
or where the Commission deme it vaary, a public bearing
en the application my be conducted by the Commission.
10.3 Approval. If the Commission determines that the proposed
construction, reeonstruction, alteration, moving
r demolition is appropriate, It shall approve a Certificate
Of Appropriateness and return it to the Code Enforcement
Officer for issuing of necessary permits.
10.4 Disapproval. If the Commission determines that a Certificate
of Appropriateness should not be issued, It
shall place upon its record the reasons for such determination
and shall forthwith return the application to the Code
Enforcement Officer who shall 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.
10.5 Appeals. An appeal from any final decision of the Commission
as to any matter over
which it has final authority'
may be taken by any party or by any authorized 'officer o
agent of the City to the Superior Court In accordance with
Rule BOB of the Maine Rules of Civil Procedure.
Sec. 11 Standards of Evaluation. The standards and requirementscontainedin
this Section shall be Owed in review of
applications for Certificates of Appropriateness aMepeclfically as
to procedures before demolition can take place.
Page 8
11.1 Reconstruction, Alterations and Maintenance. A building
or structure
classified as a historic landmark, or a building or
structure
located i a historic district, o any part thereof, or
o any
appurtenance related to such structures, including but not
Limited to walls, fences. Light fixtures, steps, paving and
signs shall not be reconstructed, altered or maintained, and
o Certificate of Appropriateness shall be issued for such
actions, unless they will Preserve or enhance its historical
and arcnitectuxal character.
11.2 annalitien or Removal. A historic landmark, or any building
or acture in a historic district,
or any appurtenance thereto,tshall not be demolished or moved
and a Certificate of Appropriateness shall not be approved
until either (a) In a historic district such building o
structure has been identified by the Commission as incompatible
with the historic district in which it is located, or (b) the
property owner
an demonstrate that it is incapable of earning
economican return o its value in its present location a
appraised by a qualified real estate appraiser. If such a
demonstration can be made, issuance of a certificate for
went or demolition shall he delayed for a period of Led
days. Such time period shall co®ence when an application
for Certificate and the Statement of Sale, as outlined below,
have been filed with the Commission. Notices shall be posted
n the premises of the building or structure proposed for
demolition in a location clearly visible from the street. In
addition, notice shall be published in aewspaper of general
local circulation at least three (3) times prior to demolition,
the final notice of which shall be not lees 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
the issuance of such certificate for removal, the owners shall
stipulate that the proper notices'as rejoiced had been posted,
that the property was properly offered for sale, that there
has been no bona fide offers made, and that no
n ontract for
sale has been r
executed with interested par Pee owner
shall for the period of time set forth and at a price resonantly
on ntly
related to its face market value, make a bona fide offer to
sell such building or structure, and the land pertaining
thereto, to any person, firm, corporation, government o
agency thereof, or political subdivision or agency thereof,
which gives reasonable assurance that it is willing to
Preserve and restore the building or structure and the lead
pertaining thereto. Prior to making such offer to sell, an
owner shall First file a statement with the Historic preser-
vation Commission, identifying the property, the offering
J price and the date the offer to sell shall begin.The time
period set forth is this n
_Section shall not convenience
e until
such Statement las been filed. The purpose of this Section
Page 9
is to further the purposes of this Ordinance by preserving
historic buildings which are important to the education,
culture, traditions, and the economic value 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 ties during each stay approve a
Certificate of Appropriatenses in which event apermit
shall be issued without further delay.
41.3 Construct ion of New wild Ings and Structures in Historic
BLaLr Lcts. nstraation o ui dingo structure
within a historic district shall be generally
of such design, form, proportion, mesa, configuration,
building material, texture, color and location on a lot as
will be compatible with other buildings in the historic
district and with streets and open spaces to which it is
visually related and in keeping with the area.
11.4 Visual. Compatibility Factors. Within historic districts,
use construction and existing
buildings and structures and appurtenances thereof which are
wed,enstructed, materially altered, repaired o changed
in color shall be visually related generally in terms of
the following factors:
11.4.1 He Lest. The height of proposed buildings
shall be compat Lble with adjacent
buildings.
11.4.2 Proportion of Buildings Front Facade. The
relation- -'
ship of the width of the building to the be ight of
the front elevation shall be visually compatible
with buildings, structures, and open spaces where
It is visually related.
11.4.3 Proportion of Openings within the Facade. The
reiaticn-
ship of the width of the windows to height of windows
and doors in a building shall be visually compatible
with those of windows and doors of buildings to which
the building is visually related.
11.4.4 Rhythm of Bolide 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.
Page IO
11.4.5 "thin of Spacing of Buildings on Streets. The
relation-
ship of the building to the open apace between it and
Adjoining buildings shall be visually compatible to
[hose prevailing in the area to Mich it In visually
related.
11.4.6 Rhyt Fm of Entrance aha/or Porch Projection. The
mlatiop-
ship of entrances and parch projections to sidewalks of
a building shall be, visually compatible with those of
buildings to whicgi It is visually related.
11.4.7 Relationship of Materials. Textures and Color. The
relation-
ship of materials, textures and color ofthe facade of a
building shall be visually compatible with that of the
predominant materials used in the buildings to which it
is visually related.
11.4.8 .Roof Shapes. The roof shape of a building shall be
visually compatible with that of the
buildings to which it is visually related..
11.4.9 -Scale of Building. The size of the building, the
building mems of a building in
relation to open spaces, the windows, door openings,
porches and balconies 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
plata to which it is visually related In its
directional character, whether this be, vertical
character, horizontal character or non -directional
character.
Sec. 12 Maintenance
12.1 OzdU� Maintenance permitted; public Safety.
12.1.1 Ordinary Naintevanae permitted. Nothing in this
Ordinance 'shall
be construed to prevent the ordinary maintenance
or repair of any exterior restore in a historic
district or of any historic landmark which does
not involve a change in the design, material', or
outer appearance thereof.
page 11
12.1.2 Safety. Nothing in this oxdirenee 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 became of an unsafe or dangerous
condition.
12.2
W_ ineemmce and Repair Required. Neither the ownerof ror
the person in charge "of
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 my result in the
deterioration of any exterior appurtenances 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 district as a whole or the life and ehan
xecteof
the historic landmark or structurein question, or which could
lead to a claim that demolition is necessary for public
-
safety, including but me limited to
12.2.1 The deterioration of exterior walla or other
vertical supports.
12.2.2 The deterioration of roofs or other horizontal
members.
12.2.3. The deterioration of exterior chimneys.
12.2.4 The deterioration or crumbling of exterior
-
_ plaster or mortar.
12.2.5 The ineffective waterproofing of exterior
walls, roofs, and founlations, including
broken windows or doors.
12.2.6 The deterioration of any feature so as to
Bate or permit the creation of any hazardous
or unsafe co[ditioa or conditions.
Sec. 13 penalties.
13.1
Violations. dry person who violates any provisions of this
Ocdimvice Shall be guilty of a misdemeanor and shall
be punished by a five of not more than $100.00 and not less than
$25.00.Such day that a violation continues shall be deemed a
separate offense. /
13.2
additional. Remedies. In addition to the tragedian provided herein,
the Commission anal/or the Code Suforcement
Officer are specifically authorised to institute any end all actions
and proceedings, in law or inequity, as they may deem necessary and
appropriate to obtain compliance with the requirements ofthis Ordi-
nance or to prevent a threatened violation thereof.