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Home My WebLink About2016-12-28 17-056 ORDINANCECOUNCIL ACTION Item No. 17-056 Date: December 28, 2016 ORDINANCE, Amending Chapter 71, Bangor Center Revitalization Area, and Chapter 148, Historic Preservation, of the Code of the City of Bangor by Making Procedural Changes Responsible Department: Legal Commentary: This set of ordinance amendments would make a number of procedural changes to the City's Historic Preservation and Bangor Center Revitalization Area ordinances. Several of these changes have been requested by Historic Preservation Commission members. These changes are designed to clarify Code requirements, reflect current practices, and add best practices. Notable changes include the following: Acknowledgement of the role of the Staff Coordinator, a position intended to provide a single point of contact for developers. Update of Historic Preservation Commission application procedures, including that applications must be acted upon within 45 days or they are deemed denied (and may then be appealed to the Board of Appeals). Clarification of the information and documentation that must be included with a Historic Preservation Commission application. This item was discussed at the Business and Economic Development Committee meeting on November 22, 2016, and the Historic Preservation Commission on December 8, 2016. Neither raised any issue with the proposed amendments. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Department Head b�m ry) G\ �-- City Manager Finance Director City Solicitor 17-056 DECEMBER 28, 2016 Assigned to Councilor Nealley CITY OF BANGOR ORDINANCE, Amending Chapter 71, Bangor Center Revitalization Area, and Chapter 148,, Historic Preservation, of the Code of the City of Bangor by Making Procedural Changes WHEREAS, the City's Historic Preservation ordinance and Bangor Center Revitalization Area ordinance are both over 25 years old; WHEREAS, a number of changes have been made to these ordinances in the intervening years; WHEREAS, new technologies and procedural methods have arisen; WHEREA.% the City now has the benefit of years of experience in implementing these ordinances; and WHEREAS, a general overhaul of the procedures within these ordinances is therefore warranted; BE IT ORDAINED BY THE CITY COUNCIL OF THE C17Y OF BANGOR AS FOLLOWS, THAT Chapter 71, Bangor Center Revitalization Area, of the Code of the City of Bangor be amended as follows: § 71-6. Word usage. A. In this chapter, certain terms or words shall be interpreted as follows: The words "'Staff Coordinator ilmll mean the DEg= of Communjbj and ftmm-k Devel or hia or bg_r designee. § 71-8. Permit required. IN CITY COUNCIL DECEMBER 28, 2016 COr 17-056 FIRST READING CITY CLERK'. IN CITY COUNCIL JANUARY 9, 2017 COr 17-056 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NEALLEY, NICHOLS, PERRY, SPRAGUE, WESTON, BALDACCI COUNCILORS VOTING NO: NONE PASSED C CLERK e 17-056 DECEMBER 28, 2016 D. All applications for a permit shall be submitted to the Staff Coordinator and accompanied by a design or plan, accurately drawn at a suitable scale, showing in sufficient detail the entire building or structure elevation, storefront design, windows, cornices, colors (including color chips, if requested), materials (including samples, if requested), signs, lighting, awning and other architectural features. Said plan or design shall be prepared to acceptable standards as determined by the Code Enforcement Officer or [design Committee. In addition, the Comer or Committee is hereby authorized to require such additional information as may be deemed necessary or appropriate for the proper administration and enforcement of this chapter. The format number of Mies of thg a1212ficationn n or n submitted shall be as set �y the Staff Coordinator. The Code Enforcement Officer may accept a sketch outlining the proposed work for projects which do not require Design Committee approval. For projects which require lin Committee approval, the Cade Enforcement Officer shall refer the application to the Design Committee within 10 days of his or herher determination that the application is in order. § 71-9.1. Minty revisions.. A. Notwithstanding §§ 71-8 and 71-9 above, minor revisions to work for which the Design Committee has approved or for new or replacement signage may be permitted by the Cale Enforcement Officer and Planning Officer without referral to the Design Committee subject to the following conditions: detail(1) Submission of an application to the Staff Coordinator, setting forth the proposed revision in sufficient permitadequate review of the same. ng forM@t and number of Mies the-ap2lication sutMittedb1_ as set by the Staff Coordinator. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 148, Historic Preservation, of the Code of the City of Bangor be amended as follows: § 148-2. Definittions. STAFF ,D O. e Director of q and E&Qnomic DeveloQMt r or - d. r 17-056 DECEMBER 28, 2016 § 148-4. Process flor esUblishrrient Historic district, historic sites or historic landmarks shall be established by amendment to § 148-5 of this chapter. All such amendments shall be initiated by the completion of a form directed to the Chair of the Commission and filed with the Planning RyWm, Gity Hall, Banger-, Maine Staff Co ordina . The Chair shall thereafter call a meeting of the Commission for purposes of formulating the Commission"s recommendation concerning the request. At the same time, the Planning Dilivisieft Staff inatcN 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 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. § 148-9. ApplkzUon for cerfificate. mew "IT i in- SimoQUIT-K,47104 UAJA 11111 ''IFT11111 2-.� III! III! VI IM4 W QAI; OILIVS �-V Nt r I IMUll OW VZ4 - �Tv IN I r_'igNR-j alaws, �41 '"Zo. MWII: 'Ill L11,071 W a T R 4 1 TWOR U9 F R. U MR MEW W. ill M M- lllq�lrjIllljllpII 4;�� AMON. =-- 0 F "11 41 4 ........ ......... .. . .............. 17-056 DECEMBER 28, 2016 .•• • .!i i ! r i ice" aq ! • i i r • i - ! •� • i • - i r iy l� i• i i r ii f • ..,' r • ! !! '"i ! i f ! i f • r" !! ILI i description anisamdesof be used. If available. detailed •1. sheets from be f"! descriplionf • r concerningfinishes, (W Pb"rapt!§ 9-f the building imtQbLeA and of g0jacent buildinga, marked to indicate the locationofthg ff2pggo RD= of One • ab"raph5 ri a i " d• r tLjiKing. Air !-• r. • i i i ! .!i ! [0 - it • . • ! i * • •. : i i f r r! r. i y r i i .r Lo M -Xs- W, -VaAc- lat 10I a yz IM -10 o1zP, i .• f� i r • • !•l�:yi i ! ! y • i • i .ir i • • 'ri ii ."ri..f 17-056 DECEMBER 28, 2016 'r,! i y� • pi • Ti • (4)A §Qle drawingfitsign. w. �� s • 3 • • a .M - - r s (g) Materials, color samples, lettering sm !g , and finis�, Any oth r in n a n i n ial nein iv' 'on En m v' i"�\ 1 E ' �'CJ r if different *m Ow ,.. _ • f Y mn � • 1► tr — r, • N i"�\ 1 E ' �'CJ r if different *m Ow 17-056 DECEMBER 28, 2016 ri ►. • a _ .. _ ' NMI U 4 t sue -h as walls, walks, , aeeessefy f signs and etheF elementqz § 148-10. Hearing and action on application. C. Approval. If the Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall direct the Planning Division to issue a certificate of appropriateness appreyal . The Planning Division shall forward copies of the appreyal-let certificat to the applicant and to the Cale Enforcement Officer for issuing of necessary permits. (2) Within two weeks of completion, the applicant shall submit to the Planning 9Ma Division photos of the completed construction, reconstruction, alteration, moving or demolition. § 148-11. Minor reviskwm A. Notwithstanding § 148-8 above, revisions to work for which a certificate of appropriateness has been issued or for building signage (new or replacement) may be permitted by the Code 17-056 DECEMBER 28, 2016 Enforcement Officer and Planning Officer without referral to the Historic Preservation Commission subject to the following conditions: (1) Submission of an application to the Staff Coordinator setting forth the proposed reviser in sufficient detail to permit adequate review of the same, along with the fee Mquired under 109-1. The format and number of copies of the application submitted shall be as set by tb Staff Coordinator. (2) Determination by the Code Enforcement Officer, Planning Officer and the Chair of the Historic Preservation Commission (or, in his or her absence, the Vice Chair or, in both their absences, the senior member of the Commission in time of service) that the pry change constitutes a minor revision and does not require Commission approval. .rr • r • r • .rr r -r • •� r r, • r. • -r r rr r r Iml 148-12. Appeals. An appeal from any Final decision of the Commission, or a final decision rMrding a minrevision under § 148-1,, may be taken by any parr to the Board of Appeals. The appeal procedure shall conform to the procedure set forth in Chapter 23, Article I of the Code of the City of Bangor. Additions arenor in , deletions stkthFeugh.