[Ord. of 10-21-2008(1); amended 3-6-2018]
The City hereby establishes a design review process for all
residential and nonresidential construction activities located within
the City's commercial core, its downtown and the associated waterfront,
and for all other proposed nonresidential construction activities
located within most of the Route One bypass. The goals are:
(1) To foster a healthy downtown commercial area;
(2) To retain and enhance the existing character of the downtown and
inside the bypass areas;
(3) To strengthen the connection between downtown and the waterfront;
(4) To apply design review standards in a reasonable and flexible manner
to prevent the unnecessary loss of community's character, while not
stifling change;
(5) To require or strongly encourage proposed new development, including
the construction of new structures and the renovation or restoration
of existing nonresidential and mixed-use structures, to be compatible
with existing development, and to positively contribute to the character
of the community; and
(6) To prohibit or strongly discourage the demolition or removal of existing
"noteworthy" structures that have helped to shape and create the present
character of the City.
The City will pursue these goals through a design review process
that emphasizes a productive and respectful dialogue between the citizens,
property and business owners, and developers who choose to live and
work in the community, and the reasonable and flexible application
of design standards identified in this chapter.
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[Ord. of 10-21-2008(1)]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
CERTIFICATE OF ECONOMIC HARDSHIP
A certificate issued by the Code and Planning Department evidencing a hardship variance approved by the Belfast Zoning Board of Appeals in accordance with Article
III, Appeals, of this chapter.
[Amended 2-19-2013; 3-6-2018]
COMMITTEE FACILITATOR
The staff representative from the Code and Planning Department
who serves as a non-voting Facilitator at each Committee meeting.
[Added 3-6-2018]
DEPARTMENT
Refers to the Code and Planning Department.
[Amended 2-19-2013]
IN-TOWN DESIGN REVIEW COMMITTEE
Committee appointed by the City Council that is responsible for conducting the review of permit applications identified in this chapter, and the review of other applications specifically identified in Chapter
102, Zoning.
NOTICE OF DECISION
The Notice of Decision identifies the findings of the In-Town
Design Review Committee and the Committee's conditions of approval
(conditions that an applicant must comply with) or recommendations
(voluntary recommendations that an applicant is not required to comply
with). Said notice typically is prepared by the Committee Facilitator.
TYPE 3, MINOR VOLUNTARY IN-TOWN DESIGN REVIEW PERMIT
A permit which requires an applicant to obtain review by the In-Town Design Review Committee of a minor alteration to the exterior of an existing structure, but does not require an applicant to comply with the committee's findings and conditions; reference Section
80-4(c) of this chapter.
[Amended 3-6-2018]
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
(a) Membership. The In-Town Design Review Committee shall include no
less than five and no more than 15 qualified persons who have been
appointed by the City Council. Five persons from this membership shall
be selected to serve in the review of each project application subject
to review as a Type 1 In-Town Design Review Permit, and three persons
from this membership shall be selected to serve in the review of each
project application subject to review as a Type 3 In-Town Design Review
Permit.
(b) Qualifications to serve. An individual must meet the following qualifications
to serve on the In-Town Design Review Committee:
(1) Must be a resident of the City; or
(2) A property owner in one of the areas subject to design review; or
(3) The operator of a business in an area subject to design review; and
(4) Must have a demonstrated interest, knowledge, ability, experience
or expertise in a field that involves construction, renovation or
restoration of structures or downtown and waterfront development.
(c) Term of appointment. A member shall be appointed for a period of
three years and shall serve without compensation. A member may be
appointed for additional terms.
(d) Committee Coordinator. One member of the Committee may be assigned
the role of serving as coordinator for the Committee. The role of
the coordinator would include but is not necessarily limited to: maintaining
contact among Committee members, arranging training sessions for Committee
members, publishing a newsletter, and assisting the Code and Planning
Department in the Committee performing its assigned responsibilities.
[Added 2-19-2013]
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
In-town design review by the In-Town Design Review Committee
shall apply to the activities identified in Subsections (a) and (c)
of this section. This requirement also explicitly applies to all construction
activities proposed by the City or other governmental, public or quasi-public
agencies.
(a) Type 1 Mandatory In-Town Design Review Permit. The following construction
activities that affect the exterior appearance of any structure occupied
by a nonresidential use on one or more floors, including such structures
that also may include a residential use on one or more upper floors,
that are proposed to occur in the following zoning districts shall
be subject to obtaining a Type 1 Mandatory In-Town Design Review Permit:
Downtown Commercial, Residential 1, Residential 2, Residential 3,
Waterfront Mixed Use 1 and Waterfront Mixed Use 2.
(1) The construction of any new primary or accessory structure;
(2) Any exterior alteration or construction to an existing structure
that involves an increase or decrease in height of said structure
or change in roof configuration, which also includes rooftop additions,
fences or decks;
(3) Any exterior alteration or construction to an existing structure
that involves an increase or decrease in the footprint of an existing
structure, which also includes the addition, alteration or removal
of exterior stairs, stoop or bulkheads;
(4) Window or door replacement for an existing structure that results
in the enlargement or diminishment in the size of existing openings,
or a change in the location of said openings;
(5) Any exterior alteration or construction to an existing structure
that involves the addition, change or removal of any facade, facing
or cladding material or decorative trim;
(6) Any exterior alteration that involves the addition, change or removal
of any deck, balcony, porch or pergola.
(7) The addition, change or removal of any appurtenances to the exterior
of an existing structure such as but not limited to chimneys, antennas,
satellite receiving dishes, and solar collectors that exceed two feet
by two feet in size;
(8) The demolition or relocation of an existing structure;
(9) A request for a sign permit that involves erecting or altering a
freestanding sign; and
(10)
If a project that requires review as a Type 1 Permit also proposes
to erect new or replace existing on-building signage, such signage
shall be subject to Committee review.
[Added 2-19-2013]
(c) Type 3 Minor Voluntary In-Town Design Review Permit. The following
construction activities that affect the exterior appearance of any
structure occupied by a nonresidential use on one or more floors,
including such structures that also may include a residential use
on one or more upper floors, that are proposed to occur in the following
zoning districts shall be subject to obtaining a Type 3 Minor Voluntary
In-Town Design Review Permit: Downtown Commercial, Waterfront Mixed
Use 1 and Waterfront Mixed Use 2.
(1) Window replacement within existing window openings.
(2) Door replacement within existing door openings.
(3) Replacement of existing stoops or steps.
(4) Addition or replacement of awnings.
(d) Activities exempt from In-Town Design Review. Design review shall not be required for the construction activities identified in Subsections
(a) and
(c) above, if the work consists solely of ordinary maintenance, or the work consists solely of an emergency repair of a temporary nature.
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
This chapter shall apply to certain activities located in the following zoning districts: Downtown Commercial, Residential 1, Residential 2, Residential 3, Waterfront Mixed Use 1, and Waterfront Mixed Use 2, as such are depicted on the adopted official zoning map for the City; reference Chapter
102, Zoning, Article
V, District Regulations.
[Ord. of 10-21-2008(1); amended 3-6-2018]
The In-Town Design Review Committee, in issuing its findings
on an application for a Type 1 or Type 3 In-Town Design Review Permit,
shall consider the following guidelines, subsections (1) through (3),
in making a decision regarding the compatibility of the proposed renovation
or restoration of an existing structure, or the proposed construction
of a new structure.
(1) Scale and form.
a. Height. In addition to applicable requirements of Chapters
82 and
102, the proposed height of a structure shall be visibly compatible with surrounding structures when viewed from any street or open space, and in compliance with any design guidelines.
b. Width. The width of a building shall be visually compatible with
surrounding structures when viewed from any street or open space and
in compliance with any design guidelines.
c. Proportion of principal facades. The relationship of the width to
the height of the principal elevations shall be visually compatible
with structures, public ways and open spaces to which it is visually
related.
d. Roof shapes. The roof shape of a structure shall be visually compatible
with the structures to which it is visually related.
e. Scale of a structure. The size and mass of structures in relation
to open spaces, windows, door openings, porches and balconies shall
be visually compatible with the structures, public ways and places
to which they are visually related.
(2) Composition of principal facades.
a. Proportion of openings. The relationship of the width to height of
windows and doors shall be visually compatible with structures, public
ways and places to which the building is visually related.
b. Rhythm of solids to voids in facades. The relationship of solids
to voids in the facade of a structure shall be visually compatible
with structures, public ways and places to which it is visually related.
c. Rhythm of entrance porch and other projections. The relationship
of entrances and other projections to sidewalks shall be visually
compatible with the structures, public ways and places to which they
are visually related.
d. Relationship of materials. The relationship of the color and texture
of materials (other than paint color) of the facade shall be visually
compatible with the predominant materials used in the structures to
which they are visually related.
e. Retaining architectural character. The distinguishing original qualities
and character of a structure or site and its environment shall be
retained, and the removal or alteration of any such material or distinctive
architectural feature shall be avoided when possible. Further, any
distinctive stylistic features or examples of skilled craftsmanship
that characterize a structure or site shall be treated with sensitivity.
(3) Relationship to street.
a. Walls of continuity. Facades and site structures, such as masonry
walls, fences and landscape masses, shall, when it is a characteristic
of the area, form cohesive walls of enclosure along a street to ensure
visual compatibility with the structures, public ways and places to
which such elements are visually related.
b. Rhythm of spacing and structures on streets. The relationship of
a structure or object to the open space between it and adjoining structures
or objects shall be visually compatible with the structures, objects,
public ways and places to which it is visually related.
c. Directional expression of principal elevation. A structure shall
be visually compatible with the structures, public ways and places
to which it is visually related in its directional character, whether
this is vertical character, horizontal character or nondirectional
character.
d. Streetscape and pedestrian improvements. Streetscape and pedestrian
improvements and any change in the appearance thereof, which are readily
visible from any street or open space, shall not be incongruous to
the area's character and shall comply with these design guidelines.
e. Location of mechanical equipment. Whenever possible, mechanical equipment
or other utility hardware on the roof, ground or buildings shall be
screened from public view with materials harmonious to the structure,
or shall be located so as not to be readily visible from public ways.
[Ord. of 10-21-2008(1); amended 2-19-2013]
The In-Town Design Review Committee shall apply the following
standards in evaluating a request to demolish or relocate an existing
structure:
(1) Character of area. The demolition or relocation of the building will
not adversely affect the character of the area in which the structure
is located, or that the demolition or relocation of the building will
positively contribute to the character of the area.
(2) Use of site. The reuse of the site will be a permitted use or continuation
of a nonconforming use that is compatible with the character of the
area, and proposed buildings or structures will comply with design
guidelines for new construction.
(3) Alternatives to demolition or relocation. There is no practical alternative
that will allow the retention of the building. The Committee can require
an owner to demonstrate that the existing building is incapable of
earning an economic return.
[Amended 3-6-2018]
(4) Unsafe structure. The building has been deemed unsafe by the Code
Enforcement Officer.
[Amended 3-6-2018]
(5) The property owner is unable to obtain insurance on the structure.
(6) Slum and blight. The building is located in an area that has been
formally declared as a slum and blight area by the City, and such
designation has been accepted by the state.
[Ord. of 10-21-2008(1); amended 2-19-2013]
It is recommended that an annual meeting of all members of the
In-Town Design Review Committee be held. The purpose of the annual
meeting is to share member experiences in the review of permit applications,
to evaluate how the design review process is functioning, and to prepare
and issue an annual written report to the City Council and citizens
of the City. The annual meeting will routinely be held, but shall
not be required to be held, between January and March of each year.