[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
A person who proposes to undertake an activity subject to this
chapter shall file an In-Town Design Review Permit application with
the City Code and Planning Department, and shall provide all information
required on the application form. The Department staff at the Code
and Planning Department are authorized to request any and all reasonable
information that the In-Town Design Review Committee may need to make
a finding on a permit application. This information may include but
is not limited to sketches, photographs, drawings, plans, and examples
of sample materials.
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
The Code and Planning Department, upon receipt of an application,
shall review the application and determine the classification of permit
review required by the In-Town Design Review Committee. The two classifications
of permits are:
[Ord. of 10-21-2008]
(a)
Schedule of Committee meeting. The Code and Planning Department,
upon receipt of a complete application that requires review as a Type
1 Mandatory In-Town Design Review Permit, shall date the application,
and within five working days, shall schedule an In-Town Design Review
Committee meeting to review the application. The meeting of the In-Town
Design Review Committee shall occur within 15 working days of the
date that the Code and Planning Department deems the application for
a Type 1 Permit complete.
[Amended 2-19-2013; 3-6-2018]
(b)
Public notice requirement. The Code and Planning Department, a minimum
of 10 calendar days prior to the In-Town Design Review Committee meeting,
shall provide written notice of the application and the proposed meeting
date to all property owners located within a radius of 150 feet of
the applicant property, and also shall post this notice in City Hall
or on the City website.
[Amended 2-19-2013; 3-6-2018]
(c)
Selection of In-Town Design Review Committee. The Code and Planning
Department shall select the five members of the In-town Design Review
Committee that will serve on the review of an application for a Type
1 Permit randomly choosing the members from the list of appointed
members. If any of the five members initially contacted to serve on
a permit review has a conflict or chooses not to serve on the review
of a specific permit application, the Department shall contact additional
members on the list of appointed members to select a five-member committee.
The Code and Planning Department shall provide the five members of
the In-Town Design Review Committee that will participate in the review
of an application for a Type 1 Permit a copy of the application subject
to review.
[Amended 2-19-2013; 3-6-2018]
(d)
Process open to public. The committee will allow an opportunity for
public comment at the meeting at which the application is reviewed,
and will accept written comment on the application. The open to public
comment period will occur prior to the committee's deliberations on
the application. Public comment must be directed to issues which are
within the purview of the committee. All proceedings of the committee,
including any site visits which the committee may conduct, shall be
open to the public to attend and observe.
(e)
Committee Facilitator. A staff representative from the Code and Planning
Department, shall serve as the Facilitator of an In-Town Design Review
Committee meeting at which an application for a Type 1 Permit is considered.
The Facilitator shall not have a vote on a permit application.
[Amended 3-6-2018]
(f)
Committee review meeting and decision. The In-Town Design Review Committee shall review each application for a Type 1 Permit to determine if the proposed construction activity is compatible with the design review guidelines identified in Sections 80-6 and 80-7. The Committee shall pursue each review as a constructive dialogue between the applicant and the Committee, with the goal of encouraging an applicant to use construction practices that satisfy the guidelines in this chapter. The Committee shall make its findings in its Notice of Decision, writing, and shall present said Notice of Decision to the applicant and the Code and Planning Department as soon as practical, but not later than 30 working days of the date of the initial Committee meeting. This date may be extended upon the mutual written consent of the applicant and the Committee.
[Amended 2-19-2013; 3-6-2018]
(g)
Permit issuance. The Code Enforcement Officer shall acknowledge the
Notice of Decision for a Type 1 Permit that complies with the findings
of the In-Town Design Review Committee on the respective building
permit issued by the Code Enforcement Officer.
[Amended 3-6-2018]
(h)
Binding decision. The written decision and conditions of approval
(Notice of Decision) established by the In-Town Design Review Committee
shall be binding upon the applicant.
[Amended 3-6-2018]
(i)
Other permit requirements. The design review process shall not be
interpreted as a waiver of any City regulation governing the issuance
of a building permit or other City land use permit. In cases when
a Type 1 review is required by this chapter, completion of the design
review process shall be a precondition of receipt of a building permit.
[Amended 3-6-2018]
(j)
Appeal of committee decision. An applicant may seek an Administrative Appeal or an Economic Hardship Variance from the Belfast Zoning Board of Appeals with respect to permit requirements established by the In-Town Design Review Committee. All appeals shall comply with guidelines established in Article III of this chapter.
[Amended 3-6-2018]
[1]
Editor's Note: Former § 80-34, Review process for
Type 2 Major Voluntary In-Town Design Review Permit, Ord. of 10-21-2008(1), as amended,
was repealed 3-6-2018
[Ord. of 10-21-2008(1); amended 2-19-2013; 3-6-2018]
(a)
Schedule of Committee meetings. The In-Town Review Committee shall
meet on an as needed basis to review any complete applications that
are filed for a Type 3 Minor In-Town Design Review Permit. The Code
and Planning Department shall schedule all meetings of the In-Town
Design Review Committee associated with the review of Type 3 Permits,
and shall inform the Committee members of the meeting schedule.
(b)
Public notice requirement. The Code and Planning Department shall
post in City Hall and on the City website a public notice of the agenda
for a meeting of the In-Town Review Committee that involves the Committee's
review of a complete application for a Type 3 Minor In-Town Design
Review Permit. This notice shall be posted a minimum of 48 hours prior
to the scheduled meeting. No other public notification is required
of this Committee meeting.
(c)
Selection of In-Town Design Review Committee. The Code and Planning
Department shall select the three members of the In-Town Design Review
Committee that will serve on the review of an application for a Type
3 Permit by randomly choosing the members from the list of appointed
members. If any of the three members initially contacted to serve
on a permit review has a conflict or chooses not to serve on the review
of a specific permit application, the Department shall contact additional
members on the list of appointed members to select a three-member
Committee. The Code and Planning Department shall provide the three
members of the In-Town Design Review Committee that will participate
in the review of an application for a Type 3 permit a copy of the
application subject to review.
(d)
Process open to public. All scheduled meetings of the In-Town Design
Review Committee for the review of a Type 3 Minor In-Town Design Review
Permit, including any site visits, shall be open to the public. The
Committee is not required to accept oral public comment on a permit
application at the meeting. All public comment should be submitted
in writing to the Committee.
(e)
Committee Facilitator. A representative of the Code and Planning
Department shall serve as the Facilitator of the In-Town Design Review
Committee meeting. The Facilitator shall not have a vote on a permit
application.
(f)
Committee review meeting and decision. The In-Town Design Review Committee shall review each application for a Type 3 Minor In-Town Design Review Permit to determine if the proposed construction activity is compatible with the design review guidelines identified in Section 80-6. The Committee shall pursue each review as a constructive dialogue between the applicant and the Committee, with the goal of encouraging an applicant to use construction practices that satisfy the guidelines in this chapter. The Committee shall make its findings in its Notice of Decision, and shall present said Notice of Decision to the applicant and the Code and Planning Department as soon as practical, but not later than 15 working days of the date of the initial Committee meeting. This date may be extended upon the mutual written consent of the applicant and the Committee.
(g)
(Reserved)
(h)
Nonbinding decision. The Notice of Decision of the In-Town Design
Review Committee with respect to a Type 3 Permit shall be nonbinding
upon the applicant. While the Committee and the City will strongly
encourage an applicant to adhere to the decision of the In-Town Design
Review Committee, the City will not deny an applicant a building permit
for failing to adhere to the Committee's notice of decision,
will not establish conditions on a building permit that are related
solely to the Notice of Decision of the In-Town Design Review Committee,
and will not revoke a building permit if an applicant who received
a Notice of Decision on a Type 3 Permit subsequently fails to comply
with recommendations identified in said Notice.
(i)
Other permit requirements. The design review process shall not be
interpreted as a waiver of any City regulation governing the issuance
of a building permit. In cases when a Type 3 Minor In-Town Design
Review Permit application review process is required by this chapter,
completion of the design review process shall be a precondition of
receipt of a building permit.
[Ord. of 10-21-2008(1); amended 3-6-2018]
It is the responsibility of an applicant to be aware of the
requirements of the City Code of Ordinances and to submit the appropriate
application for a permit identified in this chapter. The failure to
submit an application and to obtain the appropriate permit prior to
the start of construction activities shall be subject to the following
penalties:
(1)
An applicant that fails to submit an application or obtain a permit for an activity subject to review as a Type 1 Mandatory In-Town Design Review Permit shall be subject to the same penalties that apply to the failure to submit and obtain a building permit that are identified in Chapter 102, Zoning.
(2)
(Reserved)
(3)
An applicant that fails to submit an application or obtain a permit
for an activity subject to review as a Type 3 Minor Voluntary In-Town
Design Review Permit shall be subject to a penalty of $50.
The City Council shall have the authority to waive any and all
penalties that may be assessed per this chapter.
[Ord. of 10-21-2008(1); 3-6-2018]
The fee to submit an application for a Type 1 Mandatory In-Town
Design Review Permit or a Type 3 Minor Voluntary In-Town Design Review
Permit shall be established by the City Council, and may be adjusted
from time to time by the Council.
