City of Augusta, ME Chapter 169 Historic Preservation

[HISTORY: Adopted by the City Council of the City of Augusta 10-15-1984 by Ord. No. 561 (Ch. 6, Art. III, Div. 5, of the 1990 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Demolition delay — See Ch. 134, § 134-5.

Land use — See Ch. 300.

§ 169-1 Authority and purpose.

A. This chapter is adopted by the City Council in accordance with this Code and pursuant to the legislative authority vested in the City by state statute.

B. The purposes of this chapter are to:

(1) Preserve and enhance districts, sites and landmarks within the City which possess particular historic or architectural significance and represent the essential characteristics of their neighborhoods and the unique legacy that defines this community; and

(2) Promote the educational, cultural and economic welfare of the citizens of the City.

C. To achieve these purposes, it is intended that an Augusta Historic Preservation Commission be established.

[Amended 5-19-2016 by Ord. No. 16-076]

§ 169-2 (Reserved) [1]

[1] Editor's Note: Former § 169-2, Definitions, was repealed 5-19-2016 by Ord. No. 16-076.

§ 169-3 Historic Preservation Commission.

[Amended 4-17-2007 by Ord. No. 066]

Subsequent to and within 30 days of the adoption of this chapter by the City Council, the Council shall appoint members of the Augusta Historic Preservation Commission, as follows:

A. Establishment; membership.

(1) The membership of the Commission shall consist of seven persons who shall be residents of the City. Members of the Commission shall be appointed on the basis of demonstrated interest, knowledge or training in fields closely related to historic preservation (e.g., history, architecture, urban design, archeology) and should represent such professionals to the extent that they are available in the community. Information on the credentials of the Commission members will be kept on file and will be available to the public. Each Commission member is required to attend at least one informational or educational meeting per year, approved by the state historic preservation officer, pertaining to the work and functions of the Commission or to historic preservation.

(2) Two members of the Commission shall be initially appointed to terms of three years; two shall be appointed to terms of two years; one shall be appointed to a term of one year. All appointments thereafter shall be for terms of three years, except to fill a vacancy created by an unexpired term, in which case the appointment shall be for the remainder of the term. All vacancies shall be filled by appointment of the City Council within 60 days.

(3) The Commission shall, within 30 days of the adoption of this chapter, and, after due notice and public hearing, adopt rules and regulations of the Augusta Historic Preservation Commission, and may from time to time amend the same.

(4) Each member of the Commission shall serve without compensation.

(5) The City Council may appoint other persons, not necessarily residents of the City, who shall serve on an advisory or consultant basis to assist the members of the Commission in the performance of their functions.

B. Organization, rules and meetings.

(1) A quorum shall consist of four members of the Historic Preservation Commission and shall be required to conduct all business. A majority vote of the members present at a meeting shall be required for action to be taken on any matter. The Chairperson of the meeting shall only vote to break a tie.

[Amended 2-18-2021 by Ord. No. 21-027]

(2) The Commission shall annually elect a Chairperson and other officers from its membership, and a Secretary who need not be a member.

(3) The Chairperson shall call meetings as required, but no less frequently than four times a year. The Chairperson shall also call meetings when requested by a majority of its membership, the Mayor or the City Manager.

(4) All meetings of the Historic Preservation Commission must be publicly announced, be open to the public, and have a previously available agenda. Public notice must be provided prior to any special meetings.

(5) The Secretary shall maintain a permanent record of all Commission proceedings and any actions taken and all correspondence of the Commission. All records to be maintained or prepared by the Secretary are deemed public information and shall be kept at the City Planning Office, where they may be inspected during regular business hours.

C. Administration.

(1) The Historic Preservation Commission shall serve as an advisory review board for the City Planning Bureau.

[Amended 5-19-2016 by Ord. No. 16-076]

(2) The Planning Bureau and the Commission shall prepare and present a budget to the City Council for an annual appropriation to the Commission in an amount they may deem necessary to fund the activities of the Commission.

(3) The Planning Bureau, on behalf of the Commission, may secure clerical, technical, and professional assistance or consultation, accept grants, gifts of monies, or of service, and may hold or expend the same for any of the purposes of this chapter.

D. Duties. The duties of the Historic Preservation Commission shall be to:

(1) Assist and advise owners proposing properties to be designated as historic districts, sites or landmarks. The Commission may erect signs or markers indicating the significance of any designated historic district, site or landmark, subject to obtaining written permission from the owners of said properties.

[Amended 5-19-2016 by Ord. No. 16-076]

(2) Work with the City Planner to prepare an annual budget.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection D(3), which set forth review of applications as a duty of the Commission, was repealed 5-19-2016 by Ord. No. 16-076.

(4) Conduct or cause to be conducted a continuing survey of cultural resources in the community according to guidelines established by the state historic preservation officer.

(5) Make recommendations for designation of local landmarks and historic districts to the Augusta Historic District Review Board, Planning Board, and the City Council.

[Amended 5-19-2016 by Ord. No. 16-076]

(6) Act in an advisory role to other officials and departments of City government regarding the protection of local cultural resources.

(7) Act as a liaison on behalf of the City Council to individuals and organizations concerned with historic preservation.

(8) Work toward the continuing education of the citizens of Augusta regarding historic preservation issues and concerns.

(9) Make an annual report of the activities of the Commission, which shall be submitted to the Planning Office, and City Council.

[Amended 5-19-2016 by Ord. No. 16-076[2]]

[2] Editor's Note: This ordinance also repealed former §§ 169-4, Qualifications for historic designations; 169-5, Establishment of historic districts, sites or landmarks; 169-6, Historic districts, sites and landmarks designated; 169-7, Signage/Markers for designated historic districts, landmarks, sites or trails; 169-8, Uses permitted within historic districts, sites or landmarks; 169-9, Certificate of appropriateness required; 169-10, Application for certificate of appropriateness; 169-11, Administrative procedures; 169-12, Standards of evaluation; 169-13, Maintenance; 169-14, Appeals; and 169-15, Violations and penalties. For current provisions, see § 300-316.5, Historic District.