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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.