City of Biddeford, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added 4-16-2013 by Ord. No. 2013.25. Amendments noted where applicable.]
This ordinance is adopted by the municipal officers of the City of Biddeford, Maine, pursuant to the authority granted under 30-A M.R.S.A. § 3001 and § 3007.
A. 
Purpose. The purpose of this ordinance is to promote the educational, cultural, economic and general welfare of the City of Biddeford by providing a legal framework within which the residents of the City can protect the historic and architectural heritage of historically significant areas, landmarks and sites while accepting compatible new construction.
B. 
Intent. The intent of this ordinance is to create a legal mechanism to further the above-mentioned purpose and to:
1. 
Protect, preserve and enhance the outward appearance and architectural features of structures within designated historic districts and of designated historic landmarks.
2. 
Protect and enhance neighborhood character.
3. 
Enhance the economic welfare of the City by stabilizing and improving the values of structures and properties within designated historic districts.
4. 
Protect and enhance the attractiveness of the City to its home buyers, home owners, residents, tourists, visitors, businesses and shoppers.
5. 
Foster civic pride in the City's history and development patterns as represented in such designated historic districts and landmarks.
6. 
Apply design standards in a reasonable and flexible manner to prevent the unnecessary loss of the community's historical features and to ensure compatible construction and rehabilitation in historic districts while not stifling change and development or forcing modern recreations of historic styles.
7. 
Prevent the demolition or removal of significant historic buildings or structures within designated historic districts or of designated historic landmarks.
8. 
Preserve, protect and enhance the essential character of designated historic districts by protecting relationships of groups of buildings and structures.
9. 
Accept new buildings and structures in designated historic districts, which are designed and built in a manner which is compatible with the character of the district.
10. 
Encourage the use of environmentally sustainable practices in building construction and renovations while at the same time supporting the overall purpose of this ordinance being historic preservation.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
Any act or process requiring a building permit and any other act or process not requiring a building permit but specifically listed in this article as a reviewable action, including, without limitation, the repair, reconstruction, demolition or relocation of any structure or object or any part of a structure or object.
ALTERED
The word altered includes "rebuilt," "reconstructed," "rehabilitated," "restored," "removed" and "demolished."
APPLICANT
A person who submits an application for issuance of a certificate of appropriateness.
APPLICATION
A form submitted for approval of alteration, construction, demolition or removal that requires issuance of a certificate of appropriateness.
APPROPRIATE
Refers to those changes in historic properties, landmarks, buildings, structures or sites within historic overlay zones, or sites or landmarks, which are not incongruous with what is historically and architecturally significant as determined by the Commission or its designee.
APPROVAL AUTHROITY
Either the Commission or its designee as provided for in Section 8 of this ordinance.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Commission or its designee evidencing approval of specific plans for alteration of a structure or construction on a site in accordance with this article.
CERTIFICATE OF ECONOMIC HARDSHIP
A certificate issued by the Commission or its designee evidencing a hardship variance approved by the Board of Appeals in accordance with Section 11E of this ordinance.
CERTIFICATE OF NONAPPLICABILITY
A certificate issued by the Commission or its designee evidencing a determination that specific plans for alteration of a structure or construction on a site do not require approval under this article.
COMMISSION
The Commission acting as the Historic Preservation Commission established in Section 6 of this ordinance.
CONSTRUCTION
The adding to a structure by an addition, or the erection or placement of any new structure on a lot or property.
CONTRIBUTING
A classification applied to a site, structure or object within an historic district signifying that it contributes generally to the qualities that give the historic district cultural, historic, architectural or archeological significance as embodied in the criteria for designating an historic district, but without being itself a landmark. See Section 17 of this ordinance.
CONTRIBUTING STRUCTURE
A structure located within a designated historic district and identified as contributing to the historical or architectural significance of said district. See Section 17 of this ordinance.
A. 
Any act or process that partially or totally destroys a structure or object.
B. 
The razing of a building or a structure or the removal of any exterior architectural feature or structure or object.
DEPARTMENT
The Planning Department.
EXTERIOR ARCHITECTURAL FEATURE
The architectural style and general arrangement of the exterior of a building or structure, including but not limited to:
A. 
The kind, type, and texture of the building materials;
B. 
The type and style of all windows, doors, lights, dormers, roofs, gable cornices, porches, decorative trim, etc.;
C. 
The location and treatment of any vehicle access or parking space;
D. 
The design of any sign; and
E. 
The arrangement of any fencing.
HISTORIC (aDJ.)
Important in or contributing to history.
HISTORIC DISTRICT
Any place or area which includes or encompasses such historic landmarks, buildings, signs, appurtenances, structures or objects as may be designated within this ordinance in Section 5 as appropriate for historic preservation.
HISTORIC LANDMARK
Any improvement, building or structure of particular historic or architectural significance to the City relating to its heritage or cultural, social, economic or political history or which exemplifies historic personages or important events in local, state or national history, as may be designated in accordance with this chapter. An historic landmark does not necessarily need to be located within an historic district.
HISTORIC SIGNIFICANCE
Any building, structure or site identified in Section 17 as contributing. Any building, structure, or site not identified in Section 17 is not considered to possess historical significance.
LANDMARK
A property, site, structure or object designated as a "landmark" by the City Council.
NONCONTRIBUTING STRUCTURE
Any structure which is neither a contributing structure within a district nor a landmark and is not identified as contributing in Section 17 of this ordinance.
OBJECT
Anything constructed, fabricated or created the use of which does not require permanent or semipermanent location on or in the ground.
ORDINARY MAINTENANCE
Acts of maintenance or repair which do not include a change in the design, material or outer appearance of a structure, including, without limitation, repainting, replacement of materials or windows of the same scale, texture and color, and landscaping other than within an historic landscape district.
OWNER
The person or persons holding record title to the building, site or property; provided, however, the last previous tax roll in the records of the City Assessor's office may be relied upon as showing record ownership in the absence of substantial evidence to the contrary.
PROPERTY
Land and improvements identified as a separate lot for purposes of subdivision, site plan, or zoning regulation.
RELOCATION
Any removal or relocation of a structure on its site or to another site.
RESTORATION
Any act which returns a structure or a feature of a structure to a prior state of historic significance.
RHYTHM
Characterized by the regular recurrence of strong and weak elements.
This ordinance shall apply to all lands, building, structures, and exterior building features which require a building permit, including but not limited to sign and demolition permits, from the Code Enforcement Office, either located within a designated Historic District or designated as an historic landmark in Section 5 of this ordinance.
The following described lands, buildings, structures, or areas of the City of Biddeford are designated as historic districts or historic landmarks:
A. 
Districts:
1. 
Downtown Historic District, as defined by the MSRD-1 Zone.
2. 
Mill Area Historic District, as defined by the MSRD-3 Zone, except for those lands located northwest of Elm Street.
3. 
Mixed Residential Historic District, as defined by the MSRD-2 Zone.
B. 
Landmarks:
1. 
All such structures/places, not including districts, identified on the National Register of Historic Places.
A. 
Membership.
1. 
The Board shall consist of seven members, five voting members and two associate members, each a resident of the City of Biddeford. Each member shall be nominated by the Mayor, confirmed by the City Council, for a three year-term. The Mayor shall have the discretion of appointing members and associate members to the Commission with terms expiring after two years but less than three years for the purpose of staggering appointments throughout a calendar year.
2. 
Associate members may be made voting members of the Board upon the retirement or no appointment of a voting member. Associate members are expected to participate in all hearings and discussions. They shall vote only if the Chair appoints an associate to act in place of a regular member who is absent or has been disqualified because of conflict of interest.
3. 
When there is a permanent vacancy, the Mayor shall nominate, with confirmation by the City Council, a new member to serve for the remainder of the unexpired term.
4. 
No serving municipal officer or official of the City of Biddeford shall serve as a member or associate member of the Board.
B. 
Member qualifications.
1. 
All members of the Commission shall be residents of the City of Biddeford.
2. 
Appointments shall be made on the basis of demonstrated interest, knowledge, ability, experience and desire to promote historic preservation in the City of Biddeford. To the extent possible, members should have a background in architecture, historic preservation, planning, engineering, building construction, or a combination thereof.
3. 
Ideally a member of the Biddeford Historical Society would be a member, as well as a resident of one of the Historic Districts designated by this ordinance.
C. 
Removal of an Historic Preservation Commission member.
1. 
Members of the Commission may be removed for cause by the City Council. Cause may include, but not necessarily be limited to, the following reasons:
a. 
A member is no longer a resident of the City of Biddeford;
b. 
A member is absent from meetings without good cause; or
c. 
A member conducts himself/herself in a manner that is inconsistent with the official position of the Historic Preservation Commission, such as consistently having conflicts of interest or displaying unprofessional behavior toward applicants, City employees, or members of the public.
2. 
Removal action may be initiated by the Mayor or the City Council; however, any member proposed for removal shall be given written notice and shall have an opportunity to be heard prior to final action.
D. 
Commission officers.
1. 
The Commission shall elect from its voting membership a Chair, Vice Chair, and Secretary. Each officer shall be elected each January and shall serve a term of one year.
2. 
Elected officers shall be responsible for the following:
a. 
The Chair shall preside at all meetings and shall be responsible for the scheduling of special meetings of the Commission as needed. The Chair shall vote only in case of a tie.
b. 
In the event the Chair is absent or has been recused due to conflict of interest, the Vice Chair shall act as the Chair.
c. 
Secretary: ensures that the records of meetings are accurate and available for the Commission's review and reference.
E. 
Staff. The Commission shall be staffed by the Planning Department.
F. 
Meetings.
1. 
The Commission shall conduct monthly meetings. Meetings shall convene on the second Wednesday of each month, unless prior arrangement and announcement has been made by the Commission.
2. 
In coordination with the Planning Department, the Chair may call special meetings and workshops as needed.
3. 
All meetings of the Commission shall be open to the public. All meeting agendas shall be posted at the same location in City Hall as Planning Board agendas no less than seven days prior to the hearing. Materials and records of the meetings shall be maintained and available for public inspection in the Planning Department.
[Amended 3-5-2019 by Ord. No. 2019.14]
4. 
The Commission shall adopt Roberts Rules of Order and may adopt rules of procedure for the conduct of its business not inconsistent with this article. The Commission shall allow for public comment at all meetings on all applications, with a reasonable amount of time provided to all who wish to speak. In cases where there are applications and a number of those present wish to speak, the Commission may by motion establish a time limit for public comment.
5. 
Commission meetings shall be called to order when a quorum of the voting members is present. For this purpose a quorum shall be three voting members. When a regular member of the Commission is unable to serve because of conflict of interest, incapacity, absence or lack of confirmed appointment to fill a permanent vacancy, an associate member shall be designated to vote by the Chairman.
6. 
The Commission shall issue a written decision, appropriately signed by the Chairman, on matters when determined by the Commission to be necessary. The decisions shall include:
a. 
A statement of findings and conclusions.
b. 
Any conditional actions and the timetable for completion.
G. 
Conflicts. Any questions raised by any interested party of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting shall be decided by a majority of the members present except the member who is being challenged.
The Historic Preservation Commission shall have the following responsibilities:
A. 
Issue certificates of appropriateness for eligible activities identified in Section 8 of this ordinance.
B. 
Conduct or administer an ongoing survey to identify historically and architecturally significant areas, sites, structures, and landmarks.
C. 
Make recommendations for designation of landmarks or new or expanded districts to the Planning Board.
D. 
Advise the City Council, Planning Board, and City Departments, as necessary, regarding the protection of historic landmarks and districts.
E. 
Review and make recommendations regarding all national register proposals for properties and districts within the City.
F. 
Assist in the development of relevant sections of the City's Comprehensive Plan pertaining to historic resources and historic preservation.
G. 
Educate and inform the citizens and property owners in Biddeford concerning the historic and architectural heritage of the City.
H. 
To engage in other activities in furtherance of the purposes of this ordinance.
A. 
Historic Preservation Commission review. The Historic Preservation Commission shall protect historic districts and historic landmarks by the issuance of certificates of appropriateness for certain activities in historic districts and involving historic landmarks. Certificates of appropriateness from the Commission are required for:
1. 
Any change to the exterior appearance of any building or structure in an historic district that requires a building permit or a sign permit from the Code Enforcement Office and for any change to the exterior appearance of an historic landmark that requires either a building permit or a sign permit from the Code Enforcement Office;
2. 
New construction of a principal or accessory building or structure visible from a public street where such a building or structure will be located in an historic district;
3. 
Demolition of an historic landmark or any building in an historic district;
4. 
Moving of an historic landmark or any building in an historic district; and/or
5. 
Any change, except for minor repair, in siding materials, roofing materials, door and window sash and integral decorative elements, such as, but not limited to, cornices, brackets, window architraves, doorway pediments, railings, balusters, columns, cupolas and cresting and roof decorations.
B. 
Subcommittee review. In order to process certificates of appropriateness more efficiently, applications for minor alterations, temporary alterations, and the installation or alteration of any exterior sign shall be reviewed by a subcommittee consisting of the City Planner and the Chair of the Historic Preservation Commission, or their respective designees, rather than the Historic Preservation Commission, as follows:
1. 
The subcommittee shall review the application under the standards of Section 11 and approve the application, approve it with modifications or deny it within 10 working days of receiving a complete application.
2. 
No public hearings, meeting agenda postings, or abutter notices are required for applications reviewed under this section.
3. 
If the subcommittee has not acted on an application within 10 working days the applicant may seek approval from the Commission instead. Inaction by the subcommittee under this section does not constitute approval or disapproval of the plan.
4. 
If the applicant is not satisfied with the determination of the subcommittee, the applicant shall be permitted to have the entire application reviewed by the Commission. The subcommittee can, for any reason, forward any application received under these provisions to the Commission for review.
5. 
For purposes of this section only, "temporary" is defined as either a one-time occurrence that does not exceed 30 days or as an annual occurrence that does not exceed one thirty-day period each year.
6. 
The City Planner or Commission Chair shall report back to the Commission at the next meeting of the Commission any decisions made by the subcommittee since the last meeting.
7. 
"Minor alterations" are defined as incidental changes or additions to a building or site features which will neither result in substantial changes to any significant historic features nor obscure such features. In no event shall any change be deemed minor when, in the determination of the subcommittee, such change shall alter the historic character of the building or site.
C. 
When a certificate of appropriateness is required in any historic district or for any historic landmark, no building or sign permit shall be issued by the Code Enforcement Office until a corresponding certificate of appropriateness has been issued by the authorities described above.
A. 
Applications for certificates of appropriateness can be obtained either in the Code Enforcement Office or the Planning Department.
B. 
Completed applications shall be submitted to the Biddeford Planning Department, which shall date and time stamp said applications upon receipt. Completed applications are due 14 days prior to the Commission's regularly scheduled meetings, which are the second Wednesday of every month.
C. 
The Commission shall review and make a decision on all complete applications within 35 days of submission. If after 35 days no decision has been made, the certificate of appropriateness shall be deemed as approved.
D. 
Applications shall be on a form developed by the Planning Department, and all applications shall include the following:
1. 
The applicant's name and address and his or her interest in the property;
2. 
The owner's name and address, if different from the applicant's;
3. 
If applicable, the contractor's and/or architect's name and address;
4. 
The address or location of the subject property;
5. 
The existing use and zoning of the property;
6. 
A brief description of the proposed activity for which a certificate of appropriateness is sought.
E. 
The applicant may wish to also provide, or the Planning Department may also request, on behalf of the Commission, additional information to better enable the Commission to reach a timely decision on an application under review, which may include:
1. 
Drawings (i.e., exterior elevations) and/or plans to better illustrate the proposed activity for which the certificate is being applied for;
2. 
Samples of materials proposed for use in the activity;
3. 
Photographs of other recently completed projects by the applicant in a similar fashion to which the certificate is being applied for; and
4. 
Photographs of the building involved as well as adjacent buildings.
A. 
Hearing required. Where applications under Section 8A are reviewed by the Commission, the Commission shall conduct a public hearing prior to rendering a decision.
B. 
Notice requirements.
1. 
Notice requirements for all items scheduled for a public hearing shall include posting the meeting agenda at the same location in City Hall as Planning Board agendas are posted no less than seven days prior to the hearing; and
2. 
Notice via United States Postal Service shall also be sent to the applicant, owner, and all property owners within 100 feet of the subject property no less than seven days prior; and[1]
[1]
Editor’s Note: Former Subsection 3, regarding newspaper announcements, which immediately followed, was repealed 3-5-2019 by Ord. No. 2019-14.
C. 
Hearing and notice not required. Where applications are reviewed under Section 8B, no public hearing or notice is required. If the applicant requests a public hearing, the application shall be forwarded to the Commission, which shall then review and make a decision regarding a certificate of appropriateness for said application under its normal procedure of review.
D. 
Approval. If the approval authority determines that the proposed activity is appropriate, it shall approve the certificate of appropriateness and forward it to the Planning Department, which shall subsequently forward it to the Code Enforcement Office for the issuance of necessary permits.
E. 
Disapproval. If the approval authority determines that the proposed activity is not appropriate, it shall make findings as to why it is not appropriate and shall forward said decision to the Planning Department, which shall notify the applicant of said determination and provide, as applicable, guidance regarding the opportunity to resubmit the application with revisions or to appeal the determination as outlined in Section 15 of this ordinance.
A. 
Reconstruction and alterations.
1. 
A building or structure classified as an historic landmark or located within an historic district, or any part thereof, or any appurtenance related to such structures, including but not limited to walls, fences, light fixtures, steps, paving and signs, shall not be reconstructed or altered unless a certificate of appropriateness has been issued for such activity. No certificate of appropriateness for a structure or building identified as contributing to the district shall be issued unless the proposed activity is found to preserve or enhance a building's or structure's historical or architectural character. No certificate of appropriateness shall be issued for a noncontributing structure or building unless the proposed activity is complementary to the historic character of surrounding structures and buildings and meets the intent of this ordinance.
2. 
The standards and requirements in the United States Secretary of the Interior's Standards of Rehabilitation as well as the following factors shall be considered when reviewing applications for reconstruction or alteration of buildings or structures subject to review under this ordinance:
a. 
Every reasonable effort shall be made to use a property for its historic purpose and in a way which will require minimum alteration to the structure and its environment;
b. 
Rehabilitation work shall not destroy the distinguishing qualities nor character of the structure and its environment. The removal or alteration of any historic material or architectural features should be avoided;
c. 
Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings;
d. 
Distinctive stylistic features or examples of skilled craftsmanship which characterize historic structures and often predate the mass production of building materials shall be treated with sensitivity;
e. 
Changes which may have taken place in the course of time are evidence of the history and development of the structure and its environment, and these changes shall be recognized and respected;
f. 
All structures shall be recognized as products of their own time. Alterations to create an earlier appearance shall be discouraged;
g. 
Contemporary design for additions to existing structures shall be encouraged if such design is compatible with the size, scale, material and character of the neighborhood, the structure or its environment; and
h. 
Wherever possible, new additions or alterations to structures shall be done in such a manner that if they were to be removed in the future the essential form and integrity of the original structure would be unimpaired.
B. 
Demolition or removal: See Section 12 of this ordinance.
C. 
Construction of new buildings or structures. The construction of a new building or structure within an historic district shall be generally of such a design, form, proportion, mass, configuration, building material, texture, color and location on a lot as will be compatible with buildings, structures and open spaces where it is visually related and in keeping with the area. The following factors shall be considered:
1. 
Height. The height of proposed buildings shall be compatible with adjacent buildings;
2. 
Proportion of building's front facade. The relationship 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;
3. 
Proportion of openings within the facade. The relationship of the width of the windows to the height of windows and doors in a building shall be visually compatible with that of windows and doors of buildings to which the building is visually related;
4. 
Rhythm of solids to voids in front facades. The relationship 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;
5. 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with that prevailing in the area to which it is visually related;
6. 
Rhythm of entrance and/or porch projection. The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible with that of buildings to which it is visually related;
7. 
Relationship of materials and textures. The relationship of the materials and textures of the facade of a building shall be visually compatible with that of the predominant materials used in the buildings to which it is visually related;
8. 
Roof shapes. The roof shape of a building shall be visually compatible with that of the buildings to which it is visually related;
9. 
Scale of building. The size of the building and the building mass 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; and
10. 
Directional expression of front elevation. A building shall be visually compatible with the building, squares and places to which it is visually related in its directional character, whether this shall be vertical character, horizontal character or nondirectional character.
D. 
Signs. Signs shall be reviewed based on the standards contained in Article VI (Performance Standards), Section 59 (Signs). When a certificate of appropriateness is required for a new or altered sign, the following factors shall be considered:
1. 
See Article VI (Performance Standards), Section 59 (Signs).
2. 
Sign size should be contextually compatible with the building or storefront facade. Signs should be placed so as to not obscure architectural details related to the building.
3. 
Sign placement should respect adjacent signs and structures.
E. 
Exceptional circumstances.
1. 
The approval authority may issue a certificate of hardship in lieu of a certificate of appropriateness where the standards otherwise set forth in this section are not met but where the approval authority determines that failure to issue a certificate would result in undue hardship to the owner of the property. Before the approval authority may issue a certificate under this subsection, the records must show the following:
a. 
The property cannot yield a reasonable economic return or the owner cannot make any reasonable use of the property;
b. 
The plight of the owner is due to exceptional or unique circumstances and not due to the general applicability of this ordinance; and
c. 
The conditions or circumstances which constitute the hardship were not caused or created by the property owner after this ordinance became applicable to that property.
2. 
For the purposes of Subsection E1a, "reasonable economic return" shall not be construed to mean a maximum return, and "any reasonable use" shall not be construed to mean the highest and best use.
A. 
An historic landmark, or any building or structure identified as contributing, shall not be demolished or removed and a certificate of appropriateness to do so shall not be issued unless one of the following conditions is met:
1. 
The building or structure has been identified by the Historic Preservation Commission (hereafter referred to as "the Commission") as noncontributing or incompatible with the MSRD District in which it is located; or
2. 
The property owner can demonstrate to the Commission that it cannot be renovated or reconstructed so as to earn an economic return on its value in its present location as determined by a qualified real estate appraiser; or
3. 
The property owner can demonstrate to the Commission that he/she has offered the property for sale through a real estate broker for at least 180 days and that there has been no bona fide offer to buy the property from any person or entity that is willing to preserve and restore the property.
B. 
Applicants applying for the demolition or removal of designated historic landmarks or contributing structures or buildings, or important portions and features thereof, shall clearly demonstrate that their application meets one or more of the following demolition or removal criteria before the Commission will approve the application for demolition or removal:
1. 
The physical condition of the building makes the continued upkeep of the building, or important portions or features thereof, uneconomical; or
2. 
The building or structure, or important portions and features thereof, has been determined by the Division of Code Enforcement to represent an immediate hazard to the public health or safety, which hazard cannot be abated by reasonable measures.
C. 
Demolition delay. Before the issuance of a demolition permit by the Code Enforcement Office, a delay period of 90 days shall apply to any building or structure and portion thereof that is:
1. 
An historic landmark or is designated as contributing.
2. 
Listed and eligible for listing on the National Register of Historic Places, but not designated significant locally.
D. 
Demolition delay procedures. At the hearing on an application to relocate or demolish a contributing building in an historic preservation district, or an historic landmark, the Commission may, in the interest of exploring reasonable alternatives, delay issuance of a permit for up to 120 days from the date of the hearing. If, 10 days prior to the expiration of the delay period, the Commission finds that there are still reasonable alternatives to explore, the Commission may continue the delay for an additional period of up to 60 days. The purpose of the delay is to find alternatives to demolition, such as assisting in securing funding to preserve in place the building, structure, or important portions and features thereof; or finding other ways to preserve the building or structure, such as outright purchase of the property, when feasible, or relocation; or proper recordation of buildings, structures and sites, including photography and narrative report; or preservation of historic artifacts.
E. 
This section shall not apply to any structure which has been ordered demolished by the City Council or the court in accordance with 17 M.R.S.A. §§ 2851 through 2959 and amendments thereto, or to any structure which has been partially destroyed and is determined by the Division of Code Enforcement to represent an immediate hazard to the public health or safety, which hazard cannot be abated by reasonable measures, specified by the Division of Code Enforcement, including securing apertures and/or erecting fences.
A certificate of appropriateness is not required and the City Planner shall issue a certificate of nonapplicability for the following:
A. 
Where a certificate of hardship has been issued within the previous 12 months.
B. 
Where the activity involves ordinary maintenance, or the repair of exterior features of an historic landmark or of a building or structure in an historic district is permitted, so long as it does not alter the design, materials, or outer appearance thereof.
C. 
The construction, reconstruction, alteration, restoration or demolition of any feature which the Code Enforcement Office has certified as required to maintain public safety because of an unsafe or dangerous condition.
D. 
Where the activity involves emergency repairs of a temporary nature.
E. 
Where the activity proposed results in exterior alterations not readily visible at pedestrian heights, when viewed at any height between four and six feet from any open space or street.
All certificates of appropriateness, nonapplicability, and hardship shall be valid for no more than 12 months from the date of issuance.
Appeals of the issuance of any certificate under this ordinance or denial of any certificate under this ordinance may be appealed within 30 days of such a decision as follows:
A. 
Appeals of decisions made by the Commission shall be to the Zoning Board of Appeals.
B. 
Appeals of any decision made by the City Planner and Chair of the Commission under Section 8B of this ordinance shall be to the Historic Preservation Commission. Appeals of this nature shall be appellate reviews by the Commission and not de novo.
Enforcement of this ordinance shall be as per Part III (Land Development Regulations), Article VIII (Administration, Enforcement, and Penalties).
Parcels identified as "contributing" are contained in the "Official Listing of Historically Contributing Buildings or Structures" which has been certified by the Mayor and attested by the City Clerk together with the date of adoption of this ordinance. Identified parcels/structures/buildings may only be added to the list through a zoning amendment that approves such an amended list. Parcels/structures/buildings may be removed from the list upon recommendation by the Historic Preservation Commission and approval of the Planning Board, at which time it shall be recertified by the Mayor and reattested by the City Clerk.