Notwithstanding the definitions in Article 2 of this chapter,
for purposes of this article the following terms shall have the following
meanings:
ARCHITECTURAL SIGNIFICANCE
A building or structure shall be deemed to have architectural
significance if it embodies distinctive characteristics of a type,
period, or method of construction, represents the work of a master
architect or builder, or possesses high artistic value.
BOARD
Unless otherwise specified, "Board" shall mean the Planning
Board.
BUILDING
Wherever the word "building" is used, it also refers to all
structures and places (i.e., cemeteries, parks, etc.) which may or
may not have buildings located on them and which are classified under
this article.
DISTRICT
In this article, "district" refers to the Downtown Business
District, the General Business Districts 1 and 2, the Limited Business
District, the Shoreland General Development 1 District, the Shoreland
General Development 2 District, the Shoreland General Development
3 District, or the district in which a use, structure or building
subject to the requirements of this article lies.
[Amended 6-11-2019 ATM
by Art. 5]
HISTORICAL SIGNIFICANCE
A building or structure shall be deemed to have historical
significance if it is associated with events which have contributed
to the formation and development of the Town of Ogunquit, if it is
associated with the lives of people who have been important to the
community, if it is determined to have historical, architectural,
cultural or neighborhood significance, or if it is listed in the National,
Maine, or Ogunquit Historic Register.
[Amended 4-1-2006]
MATERIAL CHANGE[Amended 6-12-2012]
A.
A modification to the architectural style, general design and
general arrangement of the exterior of a building or structure, including:
(1)
The kind and texture of the building materials and the type
and style of all windows and doors; or
(2)
Other appurtenant fixtures connected to a building, such as
awnings, automated teller machines, pay telephones, and the like;
or
(3)
Other site features such as walks, driveways and parking areas.
B.
Any activities that affect the exterior of buildings or accessory structures or require a building permit are also included in this definition, unless expressly exempted from design review pursuant to §
225-11.4 below.
NEIGHBORHOOD SIGNIFICANCE
A building shall be deemed to have neighborhood significance
if it contributed to the creation of a physical setting representing
a period important in the evolution of the Town. It is understood
that the physical setting, which is composed of buildings, landscape
features and open space, and other natural and architectural features,
can transcend the sum of its parts in creating a sense of history.
Some examples of situations in which a building would have neighborhood
significance are: it is one of a group of similar buildings constructed
and/or designed by an individual important in Ogunquit history; it
is a compatible element in a group of buildings of similar or equally
important significant architectural styles; its location (e.g., on
a corner lot, on a rise of land, on a curve, on a large parcel of
land, as the first building to visually introduce an important group
of buildings) makes it an important element in the neighborhood; its
size gives it a dominant place in the neighborhood.
PUBLIC STREET or PUBLIC RIGHT-OF-WAY
A street or way for the passage of vehicles and/or pedestrians,
either accepted by the municipal legislative body and owned by the
Town of Ogunquit or owned by the state or federal government. The
term as used in this article shall not include public beaches, public
parks or any other types of public properties or facilities.
[Amended 4-1-2006]
RECONSTRUCTION
The rebuilding, or constructing again, of a building or part
of a building. The reconstruction may or may not be a return to the
original design of the building.
REHABILITATION
The upgrading of a building, previously in a dilapidated
or substandard condition, for human habitation or use. Rehabilitation
does not necessarily retain the building's original architectural
features.
RESTORATION
The replication or reconstruction of a building's original
architectural features. Restoration usually describes the technique
of preserving historic buildings.
VIOLATION
It shall be deemed a violation of this article if an applicant fails to comply with the plans and conditions as approved by the Planning Board when it issued the design certificate, or if any activity listed in §
225-11.3 is carried on without first obtaining a design certificate which permits the activity to proceed.
VISUALLY COMPATIBLE AND COMPLEMENTARY
It is not the intent that all buildings in a neighborhood
should look the same, but that a mix of styles, sizes, etc., that
blend together well shall be allowed and that facade designs erected
prior to December 31, 1930, be encouraged, although not necessarily
required.
[Amended 6-12-2012]
[Amended 4-1-2006]
In considering applications for permits, the Planning Board shall use the guidelines appearing in §
225-11.6 of this article. A design certificate, issued by the Planning Board, shall be required before a permit to proceed is issued for any of the following activities within the district, as defined by this article:
A. Any demolition of a building or portion thereof within the district,
whether or not it is visible from a public street or public right-of-way;
B. Any moving or relocation of a building within the district, whether
or not it is visible from a public street or public right-of-way;
C. Any material change in the exterior appearance of existing buildings,
driveways or parking areas within the district by additions, reconstruction
or other alteration, only if it is visible from a public street or
public right-of-way; and
[Amended 4-5-2008]
D. Any new construction of a building or accessory building or structure
within the district, only if it will be visible from a public street
or public right-of-way.
E. Any new or existing lighting revisions.
[Added 6-8-2021 ATM by
Art. 8]
[Amended 4-1-2006]
Appeals from a decision of the Code Enforcement Officer, Planning
Consultant, or the Town Planner regarding the necessity for a design
certificate may be taken to the Board of Appeals as an administrative
appeal, pursuant to Article 5 of this chapter. Appeals from a decision
of the Planning Board regarding the issuance or denial of a design
certificate shall be taken to the Maine Superior Court in accordance
with Maine law.
On or about the second anniversary of the passage of the Design
Review Article, the Planning Board shall conduct a review of its effectiveness
and submit amendments or other changes, if appropriate. At that time,
the Planning Board shall determine if it wishes to continue a biannual
review of the article.
The Town may acquire, by purchase or donation, historic easements
in any area within its jurisdiction wherever and to the extent that
the Select Board, upon recommendation of the Board, determines that
the acquisition will be in the public interest. For the purpose of
this article, the term "historic easement" means any easement, restriction,
covenant or condition running with the land, designed to preserve,
maintain or enhance all or part of the existing state of places of
historic, architectural, or neighborhood significance.
Any person who violates any provision of this article shall
be guilty of a misdemeanor and shall be punished in accordance with
30-A M.R.S.A. § 4452.
Wherever any person has engaged in or is about to engage in
any act or practice which constitutes or will constitute a violation
of this article, the Code Enforcement Officer shall make application
to the District Court for an order enjoining such act or practice,
or requiring such person to refrain from such prospective violation,
or to remedy such violation by restoring the affected property to
its previous condition. Upon a showing by the Code Enforcement Officer
that such person has engaged or is about to engage in any such act
or practice, a permanent or temporary injunction, restraining order
or other appropriate order shall be granted without bond.
If any provision of this article or the application thereof
to any person or circumstances is held invalid, the remainder of this
article and the application of such provisions to other persons or
circumstances shall not be affected thereby.
All applications for design review approval shall be accompanied
by a fee as prescribed by the Select Board.