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.
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 AUTHORITY
Either the Commission or its designee as provided for in Section
8 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
ARCHAEOLOGICAL RESOURCE
An archaeological site or bounded geographical location containing
the physical evidence of previous human occupation, including but
not limited to structures, artifacts, graphics (paintings or drawings)
and discarded material, including plants or animals.
[Added 8-3-2021 by Ord. No. 2021.72]
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 13E of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
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
8 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
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
19 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
DEMOLITION
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 and Development Department.
[Amended 8-3-2021 by Ord. No. 2021.72]
EXTERIOR ARCHITECTURAL FEATURE
The parts, elements, and general arrangement of the exterior
of a building or structure, including but not limited to:
[Amended 8-3-2021 by Ord. No. 2021.72]
A.
The kind, type, and texture of the building materials;
B.
The type and style of elements, including, but not limited to,
windows, doors, lights, dormers, roofs, gable cornices, porches, and
decorative trim;
HISTORIC (adj.)
Important in or contributing to history.
[Amended 8-3-2021 by Ord. No. 2021.72]
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 article. An
historic landmark does not necessarily need to be located within an
historic district.
[Amended 8-3-2021 by Ord. No. 2021.72]
MAJOR REPAIR
Any exterior alteration that does not qualify as a minor
repair.
[Added 8-3-2021 by Ord. No. 2021.72]
MASSING
The perception of the general shape and form as well as size
of a building.
[Added 8-3-2021 by Ord. No. 2021.72]
MINOR REPAIR
Exterior alterations that do not change materials, form,
style, or overall appearance, and are only necessary to correct deficiencies
resulting from normal wear and tear.
[Added 8-3-2021 by Ord. No. 2021.72]
NONCONTRIBUTING STRUCTURE
Any structure which is neither a contributing structure within
a district nor a landmark and is not identified as contributing in
Section 19 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
OBJECT
A material thing of functionality, aesthetic, cultural, or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment. The term "object" is used to
distinguish from buildings and structures those constructions that
are primarily artistic in nature or are relatively small in scale
and simply constructed.
[Amended 8-3-2021 by Ord. No. 2021.72]
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.
SCALE
The size or apparent size of an object seen in relation to
other objects, people, or its environment or format.
[Added 8-3-2021 by Ord. No. 2021.72]
[Amended 8-3-2021 by Ord. No. 2021.72]
This ordinance shall apply to exterior alterations of buildings, structures, and exterior architectural features, as identified in Section 10A, 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 within MSRD-3 located northwest of Elm Street.
[Amended 8-3-2021 by Ord. No. 2021.72]
3. Mixed
Residential Historic District, as defined by the MSRD-2 Zone as depicted
on the Official Zoning Map in effect on June 9, 2011.
[Amended 4-2-2019 by Ord. No. 2019.21]
B. Landmarks:
[Amended 3-15-2022 by Ord. No. 2022.13]
1. All
such structures/places, not including districts, identified on the
National Register of Historic Places prior to amendment by Order No.
2021.72.
2. All
such structures or properties designated as historically significant
by the Biddeford Historic Preservation Commission.
[Added 8-3-2021 by Ord. No. 2021.72]
The historic districts, historic sites, and historic landmarks
established in accordance with this article shall have one or more
of the following characteristics:
A. History of
Biddeford. Structures, buildings or sites at which events have occurred
that contribute to and are identified with or significantly represent
or exemplify the broad cultural, political, economic, military, or
social history of Biddeford or the nation, including sites or buildings
at which visitors may gain insight or see examples of particular items
or of larger patterns in the North American heritage.
B. Persons. Structures,
buildings, or sites associated with important historic persons.
C. Architecture.
Structures or structural remains and sites embodying examples of architectural
types or specimens valuable for study of a period, style or method
of building construction, of community organization and living; landscaping;
a single notable structure; or a site representing the work of a master
builder, master designer, architect or landscape architect.
D. Visual continuity.
Structures or buildings contributing to the visual continuity of the
historic district.
E. National Register.
Those sites or areas listed on or eligible for listing on the National
Register of Historic Places or as a National Historic Landmark.
[Added 8-3-2021 by Ord. No. 2021.72]
A. Amendment process.
Any person, including acting members of the Historic Preservation
Commission, seeking to add or expand historic districts, sites, or
landmarks shall request the amendment in writing to the Commission.
Any proposal by the Council or Planning Board shall be referred to
the Commission for comment before Council action. After receiving
the Commission's recommendation concerning the request, the City Manager
shall place the matter on the agenda of the City Council. Any applications
or designation of buildings, structures, sites and districts shall
be in writing.
B. Application
requirements. Applications shall be in writing and shall include the
following, as appropriate:
1. For individual
properties, a letter of consent from the property owner.
2. A concise
description of the physical elements, qualities, architectural style,
period and historical significance represented by the building, structure
or site, including a consideration of scale, materials, workmanship
and spatial qualities, as relevant.
3. A concise
statement of how the building, structure or site meets the review
criteria of this article.
4. Exterior
photographs of the building or structure, and/or a site map, illustrating
significant details. In addition, the Commission may request photographs
of interior features of particular historic significance. These interior
photographs may be provided by the applicant on a voluntary basis
and are not required submissions.
a. A concise
statement of the physical elements which justify making this area
an historic district and a description of building types and architectural
styles and periods represented.
b. An explanation
of the proposed boundaries of the district.
c. Details
on the structures that do not contribute to the significance of the
district.
d. A map showing
the location of all district structures.
C. Studies and
recommendations. Before making its recommendation concerning the proposed
establishment or expansion of an historic district, historic site
or historic landmark, the Commission may conduct studies and research
on the proposal. The Commission shall make a report to the City Manager
on every request received within six months. Drafts of the report
shall also be mailed to the Maine Historic Preservation Commission
for review.
D. Public hearing.
Prior to making a recommendation concerning the proposed establishment
or expansion of an historic district, historic site, or historic landmark,
the Commission shall hold a public hearing on the request, after due
notice is provided at least seven days prior to the hearing in a newspaper
of general local circulation. Written notice of the proposal shall
be given to the applicant, owners of all property to be included within
the proposed designation and property within a 200-foot radius of
the property under consideration.
E. Final report.
Not later than 30 days after the public hearing, the Commission shall
submit a final report to the City Council with the Commission's recommendation.
F. Action by the
City Council. After receipt of the Commission's recommendations, as
provided above, the City Council shall consider said proposed designation
and approve or disapprove the request. Within 20 days after the designation
of any historic district, historic site or historic landmark, the
owner of each property so designated shall be given written notice.
G. From the time of nomination until the Historic Preservation Board acts upon such nomination, a site, structure, object or area nominated but not yet designated as a landmark or district shall be subject to all of the provisions of Section
12 governing demolition, to the same extent as if designated. Upon final action of the Historic Preservation Board recommending designation, the site, structure, object, or area nominated shall be subject to all of the protections of this article until a final decision on designation by the City Council becomes effective. If the City Council rejects designation or fails to designate a property, that property shall no longer be subject to the provisions of Section 14 of this article.
H. Applicability
of this section. All land, buildings or structures within an historic
district are subject to the requirements of this article after a district
has been designated by the City Council. All historic sites and landmarks
are subject to the requirements of this article after they have been
so designated by the City Council.
The Historic Preservation Commission shall have the following
responsibilities:
A. Issue certificates of appropriateness for eligible activities identified in Section
10 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
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.
I. Provide an
annual report of Commission activities to the Maine Historic Preservation
Commission.
[Added 8-3-2021 by Ord. No. 2021.72]
J. Attend at least
one informational or educational meeting, when available, sponsored
by the Maine Historic Preservation Commission, pertaining to the work
and functions of the Commission or to historic preservation.
[Added 8-3-2021 by Ord. No. 2021.72]
K. Establish written
guidelines for the preservation of designated local landmarks and
historic districts in decisions on requests for permits for new construction,
alterations, demolition, relocation, additions, or other actions affecting
listed landmarks and buildings within historic districts.
[Added 8-3-2021 by Ord. No. 2021.72]
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 10B 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.
[Amended 8-3-2021 by Ord. No. 2021.72]
Enforcement of this ordinance shall be as per Part III (Land
Development Regulations), Article VIII (Administration, Enforcement,
and Penalties).
[Amended 8-3-2021 by Ord. No. 2021.72]
Parcels comprising "contributing" structures or buildings 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 re-attested by the City Clerk.