HomeMy WebLinkAbout2015-03-23 15-114 ORDINANCECOUNCIL ACTION
Item No. 15-114
Date: March 23, 2015
Item/Subject: ORDINANCE, Amending Chapter 148, Historic Preservation, of the Code of
the City of Bangor, By Changing Timing and Minor Revision Requirements
Responsible Department: Legal
Commentary:
This ordinance amendment would make several changes to the Historic Preservation Commission
(HPC) application review process.
The current ordinance provides only 30 days for the HPC to review applications. As the HPC
meets once per month, and staff and the HPC advisor must review the application before the
HPC meeting, this time limit is impractical. Failure to meet the ordinance deadline means that a
project is approved without review. This amendment would give the Code Office three business
days to review the application to ensure it is complete, and 45 days for staff, the HPC advisor,
and the HPC itself to render a decision. In most cases, projects will not take the full 45 days to
review, but this timeframe is necessary for applications submitted too close to a meeting date.
Currently every new sign or change to a sign must be reviewed by the Commission, leading to
delays on what are often very minor projects. As amended, the ordinance would allow issuance
of a sign permit without review by the full Commission if the Chair of the Commission, the Code
Enforcement Officer, and the Planning Officer all approve.
The amendment would also require construction on an approved project to begin within six
months and be finished in twelve, unless some other time limit is agree to by the Commission,
and that the applicant submit photos of the completed project.
Manager's Comments:
Associated Information: Ordinance
Budget Approval:
Legal Approval:
Department Head
Finance Director
ity Solicitor
Introduced for
Passage
x First Reading
x Referral to Historic Preservation Commission on April 9, 2015; B&ED on April 21, 2015
15-114
MARCH 23, 2015
Assigned to Councilor Faircloth
\v�=� CITY OF BANGOR
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ORDINANCE, Amending Chapter 148, Historic Preservation, of the Code of the City of Bangor, By
Changing Timing and Minor Revision Requirements
WHEREAS, the Historic Preservation Commission presently must review any new sign or change to an
existing sign at a historic property;
WHEREAS, in order to increase administrative efficiency while retaining oversight over these signs,
such sign changes should instead be reviewed as a minor revision;
WHEREAS, a deadline for completion and a requirement that photographs be submitted would
encourage timely completion of projects;
WHEREAS, the Historic Preservation Commission currently must decide upon an application within 30
days or the application is deemed approved;
f'
WHEREAS, the Historic Preservation Commission typically meets once per month;
WHEREAS, applications submitted for Historic Preservation Commission review often are not complete
and cannot be fully reviewed until additional information is provided by the applicant; and
WHEREAS, advertising for a meeting and notification of applicants make it essentially impossible to
complete Historic Preservation Commission review of some applications in the timeframe currently
mandated by City ordinance;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 148 of the Code of the City of Bangor be amended as follows;
§ 148-9. Application for certificate.
Application for a certificate of appropriateness shall be obtained from the Code Enforcement Officer
when obtaining a building er-sign permit or when no building er sign permit is required but when such
activity must be approved by the Historic Preservation Commission.
A. An application for a certificate shall be submitted to the Code Enforcement Officer. After
determining that it is complete and that the proposed changes meet applicable codes, the Code
Enforcement Officer shall transmit the application to the Planning Division. After review, the
Planning Division shall transmit the application to the Historic Preservation Commission for action.
The Commission shall consider each application7 anA reach a decision thereon aim- retie
applieal-Vtwithin 39 45 days of the date of its
15-114
MARCH 23, 2015
transmission to the Planning Office or the application shall be deemed approved. Upon mutual
agreement by the Planning Division or Commission and the applicant, said period may be extended
for an additional 45 days. After the Commission has acted on the application, it shall be returned to
the Code Enforcement Officer, from the Planning Division, who shall then issue or deny permits as
appropriate.
§ 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 approval letter. The Planning Division shall forward copies of the approval letter to
the applicant and to the Code Enforcement Officer for issuing of necessary permits.
1 If approved, the proposed go-ristruction.reconstruction, alteration, moving or demolition mu
be begun within six months of approval and completed within twelve months of approval,
unless the Commission sets other time limits. An extension or extensions of up to oneeyr ar in
total length may be granted as a minor revision under § 148-11.
Within two weeks of completion the applicant shall submit to the Planning_ Office photos of the
completed construction reconstruction alteration moving or demolition.
§ 148-11. Minor revisions.
A. iffier Notwithstanding section 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 Enforcement Officer and Planning Officer without referral to the Historic Preservation
Commission subject to the following conditions:
(1) Submission of a -rued an application setting forth the proposed revision in sufficient detail to
permit adequate review of the same.
(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 proposed change constitutes
a minor revision and does not require Commission approval.
B. For the purposes of this section, a "minor revision" is one which does not materially alter or affect
the historical and/or architectural character of a building or structure classified as an historic
landmark, a building or structure located in any historic district, any part of such building or
structure or any appurtenances related to such buildings or structures.
Additions are underlined. deletions sttaek threuo.
IN CITY COUNCIL
MARCH 23, 2015
FIRST READING AND REFERRAL TO HISTORIC PRESERVATION COMMISSION
MEETING OF APRIL 9, 2015 AND BUSINESS AND ECONOMIC
DEVELOPMENT COMMMMIITTEEE MEET1ING OF APRIL 211 2015
CITY CLERK
IN CITY COUNCIL
APRIL 27, 2015
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, FAIRCLOTH,
GRAHAM, NEALLEY,PLOURDE,SPRAGUE,DURGIN
COUNCILORS VOTING NO: NONE
PASSED
CITY CLERK