[Added 5-24-2021[1]]
[1]
Editor's Note: This ordinance also provided that this article
is being added back into the City Code in order to correct the drafting
error within the broader zoning ordinance as adopted on January 11,
2021.
A.
Protect Saco's historic, architectural and cultural heritage. The
economic well-being of the City will be strengthened by preserving
its architectural and historic setting, conserving property values
in unique areas, fostering civic beauty, and promoting the use of
historic or architecturally significant buildings for education and
welfare of the public.
B.
Assist property owners with maintaining the architectural integrity
of the district.
C.
Protect, preserve and enhance the outward appearance and architectural
features of structures.
D.
Prevent the demolition or removal of significant historic buildings
or structures within designated districts or designated sites or landmarks.
E.
Preserve, protect and enhance the essential character of designated
districts by protecting relationships of groups of buildings and structures.
F.
Accept new buildings and structures which are designed and built
in a manner which is compatible with the character of the district.
G.
Promote the educational, cultural, economic and general welfare of
the people of the City.
A.
Membership. The Commission's membership shall be comprised of regular
members, associate members, and advisory members.
B.
Appointment. Members of the Historic Preservation Commission (the
Commission) shall be appointed by the Mayor subject to approval by
the City Council.
C.
Qualifications. The Commission shall include five regular members
and up to five associate members. All members shall be residents of
the City of Saco. Appointments shall be made on the basis of demonstrated
interest, knowledge, ability, experience and desire to promote historic
preservation in Saco. It is preferred that the members have architectural
design skills or experience related to historic preservation, such
as history, architectural history, landscape architecture, planning,
engineering, law, archaeology and building construction.
D.
Length of term and vacancies. Regular and associate members shall
serve terms beginning July 1 and ending June 30. Commission members
shall serve for terms of three years, except in those instances in
which the appointment is made to fill a vacancy, in which case the
appointment shall be for the remainder of the unexpired term. The
Mayor shall act within 60 days to fill a vacancy. Members may be reappointed.
E.
Compensation. Regular and associate members shall serve without compensation.
F.
Associate members. At least one associate member shall be a resident
of the historic district. Associate members shall participate in all
hearings and discussions. They shall vote only if the Chairman appoints
an associate to act in place of the regular member who is absent,
has resigned, or has been disqualified because of a conflict of interest.
G.
Advisory members. In addition to the regular and associate members,
the City Council may appoint other persons who shall serve on an advisory
or consultant basis to assist the members of the Commission in the
performance of their functions. Advisory members are not required
to be residents. Advisory members shall not vote.
H.
Removal. Any regular or associate member may be removed for cause
by the City Council upon receipt of written charges, followed by a
public hearing.
I.
Officers. The Commission shall elect annually a Chairperson and Vice
Chairperson from the regular members.
J.
Quorum. Four members shall constitute a quorum for the transaction
of business before said Commission.
K.
The City Planning and Development Department shall be the authorized
agent of the Commission, to whom the Commission may delegate any duties.
L.
Meetings. All meetings of the Commission shall be publicly announced,
open to the public and have a previously available agenda. Public
notice shall be issued 10 days prior to meetings of the Commission.
M.
Records. The City Planning and Development Department shall maintain
a permanent record of the activities of the Commission, including,
but not limited to such items as the number and type of cases reviewed
and their disposition, new designations of historic sites, landmarks
and districts, resumes of Commission members, attendance records,
appointments to the Commission, correspondence and minutes of all
meetings.
N.
Rules of procedure. The Commission may adopt and amend rules of procedure.
O.
Applications. The Commission may adopt rules governing the requisite
exhibits for applications.
P.
Gifts, grants, funding. The Commission may, subject to appropriations
by the City Council or others, employ clerical and technical assistants
or consultants, and may apply for and accept grants, money gifts,
or gifts of services, and may hold or expend the same for all or any
of the purposes of historic preservation in the City of Saco. A nonlapsing
fund for gifts and grants shall be established by the City's Finance
Department. Appropriations from the City Council shall be managed
in accord with City policies and shall lapse each year if unexpended.
A.
Advise, and inform City officials and owners of historic buildings,
structures or sites, regarding preservation, renovation, and rehabilitation.
B.
Advise and inform owners regarding compliance with the requirements
of this section.
C.
Make recommendations for establishing historic districts, historic
sites, or historic landmarks.
D.
Review all proposed additions, reconstruction, alterations, construction,
removal, or demolition of properties that are subject to the commission's
jurisdiction.
E.
Review all proposed National Register nominations in Saco, and proposals
for eligibility.
F.
Comment on (federal) Section 106 reviews.
G.
Serve as an advisor to City officials regarding local historical
and cultural resources and act as a liaison between local government
and those persons and organizations concerned with historic preservation.
Conduct or cause to be conducted a continuing survey of local historic
and cultural resources, in accordance with Maine Historic Preservation
Commission guidelines.
H.
At the direction of the council, to prepare application for, and
participate in, the "certified local government" (CLG) program of
the National Historic Preservation Act Amendments of 1980 and the
Maine Historic Preservation Commission; and carry out any responsibilities
delegated to it under that program, including review and comment on
any National Register nominations submitted to the historic preservation
board; upon request of the council, participate in any review of federal
actions or undertakings pursuant to Section 106 of the National Historic
Preservation Act; attend informational and educational programs sponsored
by the Maine Historic Preservation Commission; and prepare an annual
report of the activities of the historic preservation board.
I.
Work to provide local citizens with continuing education on historic
preservation issues.
J.
Undertake other duties as deemed necessary or desirable by its members
to advance the purposes of this section.
K.
Cooperate with federal, state and City officials in the pursuance
of the objectives of historic preservation.
L.
Participate in land use planning efforts of the City, state and federal
government.
The historic districts, historic sites and historic landmarks
established in accordance with this chapter shall have one or more
of the following characteristics:
A.
History of Saco. 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,
social history of Saco 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.
Ideas. Structures, buildings or sites associated with important examples
of a great idea or ideal.
D.
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.
E.
Visual continuity. Structures or buildings contributing to the visual
continuity of the historic district.
F.
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.
A.
Amendment process. Any person 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 Administrator 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)
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.
(2)
A concise statement of how the building, structure or site meets
the review criteria of this chapter.
(3)
Exterior photographs of the building or structure, or and 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 Administrator 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.
Applicability of this section. All land, buildings or structures
within an historic district are subject to the requirements of this
chapter after a district has been designated by the City Council.
All historic sites and landmarks are subject to the requirements of
this chapter after they have been so designated by the City Council.
Saco's Historic Preservation Overlay District (HP) is depicted
in Figure 19-1.
|
Figure 19-1
Map of Historic Preservation Districts
 |
A.
In the Historic Preservation Overlay District (HPOD), a certificate
of appropriateness issued by the Commission shall be required for
the following:
(1)
New construction located in an historic district or upon an
historic site.
(2)
Demolition of an historic landmark or demolition of any building
or portion of any building, (including removal of architecture features)
in an historic district.
(3)
Moving an historic landmark or any building located in an historic
district.
(4)
Additions, alterations, or reconstruction, including porches
and steps, where such addition would be clearly visible from a public
way.
(5)
Signs placed in an historic district or an historic site or
historic landmark.
(6)
New construction of walls, fences and parking lots in an historic
district and visible from a public way.
(7)
Installation of vinyl siding, skylights, or rooftop solar panels.
(8)
Replacement of wooden window sash.
(9)
Sandblasting of brick or stone buildings.
(10)
Repointing of historic masonry.
B.
An affirmative vote of at least three members shall be required to
issue a certificate of appropriateness.
C.
Building permits. In any historic district and with respect to any
historic site or historic landmark, no building permit shall be issued
for any construction, reconstruction, alteration, or demolition until
a certificate of appropriateness, where required by this section,
has been issued by the Commission.
A.
Application forms and fees. Application for a certificate of appropriateness
shall be obtained from the City Planning and Development Department.
B.
Submittal. A completed application for a certificate of appropriateness
shall be submitted to the City Planning and Development Department.
The department shall verify that the submittal is complete. The application
shall be dated by the Planning and Development Department and transmitted
to the Commission.
C.
Response. The Commission shall consider each completed application
within 21 days of the date of submittal of a complete application
and, within 15 days following, approve, approve the application with
modifications, make recommendations for modifications to the application,
or deny the application. By mutual written consent of the Commission
and the applicant, the review period may be extended. When the Commission
acts on the application, it shall notify the Code Enforcement Officer.
The application shall state the location, use and nature of
the matter for which such application is sought. The Commission may
waive any application requirement if it determines that it is not
necessary to an application. The application shall contain at least
the information or documentation listed below:
A.
The applicant's name, address, and interest in the subject property.
If not representing the owner, the applicant shall provide evidence
of right, title, or interest in the property.
B.
The owner's name and address, if different from the applicant's,
and the owner's signature.
C.
The address and the Tax Map and lot number.
D.
The present use and zoning classification of the subject property.
E.
A brief description of the new construction, reconstruction, alteration,
maintenance, demolition or removal requiring the issuance of the certificate
of appropriateness.
F.
A scale drawing or drawings of the exterior architectural features
indicating the design, texture, and location of any proposed alteration,
reconstruction, maintenance or new construction for which the certificate
is being applied. As used herein, drawings shall mean plans or exterior
elevations drawn to scale, with sufficient detail to show, as far
as they relate, exterior appearances, architectural design of building(s),
including materials and textures, including samples of exterior materials.
Drawings shall be clear, complete and specific.
G.
Photographs of the building(s) involved and of adjacent buildings.
H.
A site plan that indicates improvements affecting appearance, such
as walls, walks, terraces, plantings, accessory buildings, signs,
lights and other elements.
A.
Hearing. The Commission shall hold a public hearing on each application
before it. A notice of the hearing will be mailed to abutters and
posted at City Hall at least five days before the public hearing.
In the case of an application for a new building or an addition of
over $1,000 estimated value, or in the case of the demolition of any
building, a hearing notice shall be placed in a newspaper of general
circulation.
B.
Approval. If the Commission determines that the proposed construction,
reconstruction, alteration, moving, or demolition meets the standards
of this chapter, it shall approve a certificate of appropriateness,
and the City Planning and Development Department shall notify the
applicant and Code Enforcement Officer, in writing, of the determination
and along with any conditions of approval.
C.
Disapproval. If the Commission determines that a certificate of appropriateness
should not be issued, it shall make findings describing how the application
does not meet the standards of this chapter. However, in order to
prepare more detailed findings, the Commission may postpone the decision
for up to two weeks or allow itself up to an additional two weeks
to prepare and adopt more-detailed findings. The City Planner shall
notify the applicant and the Code Enforcement Officer within 10 days
of the final determination.
D.
Appeals. An appeal from the final decision of the Commission as to
any matter over which it has final authority may be taken by any party
or person aggrieved within 30 days from the date of the decision to
the Zoning Board of Appeals.
E.
Time limits on certificates of appropriateness. If substantial construction
is not commenced within one year of the issuance of a certificate
of appropriateness, the approval shall be null and void. The deadline
may be extended for one additional six-month period by the Planning
and Development Department upon written request of the applicant.
The written request for an extension must be submitted before the
date of expiration of the approval. After the approval has expired
or an extension has been denied, the applicant may reapply at any
time without prejudice. The extension shall be approved by either
the Planning and Development Department or the Commission, as outlined
above, unless there is:
A.
Applications for the installation or alteration of any exterior sign,
minor building alteration, or temporary alteration are eligible for
review as a minor project.
B.
Applications for minor alterations shall be reviewed by the City
Planning and Development Department rather than the Commission. The
City Planning and Development Department may review the application
to the standards cited in this chapter and approve the application,
approve it with modifications, or deny it within 10 working days of
receiving a complete plan.
C.
Applicants proposing minor projects may elect for their application
to be reviewed by the Commission according to the procedures and standards
required for a certificate of appropriateness described in the above
section.
D.
No public hearings or abutter notices are required for applications
reviewed under this section.
E.
If the City Planning and Development Department has not acted within
10 working days, the applicant may seek approval from the Commission,
rather than the Department. Inaction by the City Planning and Development
Department does not constitute approval or disapproval of the application.
F.
If the applicant is not satisfied with the determination of the City
Planning and Development Department, the applicant shall be permitted
to have the entire application reviewed by the Commission. The City
Planning and Development Department can, for any reason, forward any
minor alteration to the Commission for review. The City Planning and
Development Department shall provide the Commission with written notice
of any action.
A.
The United States Secretary of the Interior's "Standards for Rehabilitation,"
as revised in 1990 (36 CFR Part 67, Historic Preservation Certifications),
as well as the standards cited below, shall be used in review of applications
for certificates of appropriateness. The Commission will also be guided
in its deliberations by the City of Saco Historic District Design
Guidelines (2010), and the City of Portland's "Standards - Review
of Alterations." The above-referenced standards and guidelines are
advisory, but nonbinding. Binding standards are as follows:
(1)
Design consideration and structural factors related to maintaining
historic structures in good condition shall be the Commission's primary
area of focus. Every reasonable effort shall be made to provide a
compatible appearance for new or renovated buildings, structures,
and yards in the Historic District, and to maintain the integrity
of existing buildings, structures or grounds, while giving due consideration
to the economic feasibility of maintaining such buildings, structures
or grounds. The following standards shall apply:
(a)
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(b)
The historic character of a property shall be retained and preserved.
The removal of historic materials or the alteration of features and
spaces that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other eras and architectural styles shall not be undertaken.
(d)
Changes to properties over time that have acquired historic
significance in their own right shall be retained and preserved.
(e)
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
(f)
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(h)
Significant archeological resources shall be protected and preserved.
If such resources must be disturbed, mitigation measures and documentation
shall be undertaken.
(i)
New additions, exterior alterations, or new construction shall
not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
(j)
New construction shall be undertaken in such a manner that,
if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
(k)
Installation of vinyl siding on buildings that are not sided
with vinyl is prohibited.
(l)
Every reasonable effort shall be made to preserve historic wooden
window sash.
(m)
The repointing of historic brick buildings shall adhere to the
guidelines specified in "Repointing Mortar Joints in Historic Masonry
Buildings," US National Park Service, Preservation Brief #2.
Within historic districts and on historic sites, new construction,
buildings, and structures which are moved, reconstructed, materially
altered, repaired or changed through new exterior surfaces shall be
visually related generally in terms of the following factors:
A.
Height. In addition to complying with the height standards in the
Zoning Ordinance, the height of a proposed building or addition shall
be visually compatible with surrounding structures when viewed from
a public street.
B.
Width. The width of the building shall be compatible with buildings,
structures and open spaces to which it is visually related.
C.
Windows and doors. The relationship of windows and doors in a building
shall be compatible with those windows and doors of buildings to which
the building is visually related, particularly to adjacent historic
buildings of the same period.
D.
Relation of solids to voids in front facades. The relationship of
solids to voids in the front facade of a building shall be compatible
with that of buildings to which it is visibly related.
E.
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be compatible with those of buildings to which it is visually related.
F.
Rhythm of entrance and/or porch projection. The relationship of entrance
and porch projections to sidewalks of a building shall be compatible
with those buildings to which it is visually related.
G.
Relationship of materials and texture. The relationship of materials
and texture shall be compatible with that of predominant materials
used in buildings to which it is visually related.
H.
Roof shapes. The roof shape of a building shall be compatible with
that of buildings to which it is visually related.
I.
Scale of buildings. The size of a building, the building mass in
relationship to open spaces, the windows, door openings, porches and
balconies shall be compatible with those characteristics of buildings
and spaces to which it is visually related.
J.
Directional expression of front elevation. A building shall be compatible
with the building, squares and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
K.
New construction shall be generally of such design, form, proportion,
mass, configuration, building material, texture, and location on a
lot as will be compatible with other buildings in the historic district
and with streets and open spaces to which it is visually related and
in keeping with area.
A.
General. Signs shall be governed by Article IX and this section. If there is any conflict, the stricter standards shall apply. All signs, either new or upon alteration, require a certificate of appropriateness.
B.
Signs shall be consistent with the architectural style of a building,
respectful of neighboring buildings, and carefully designed to fit
the facade in the case of attached signs. The design shall take into
account the scale, character and design of the building, the traditional
location of signage on area buildings, the location of existing sign
boards, lower cornices, lintels, and other architectural elements,
and the opportunity to use signage as an element to enhance the appearance
of building entrances. Materials and workmanship shall convey a sense
of permanence and durability.
C.
Location. Wall signs generally shall be located no higher than the
windowsill line of the second story. The use of a continuous sign-band
extending over adjacent shops within the same building is encouraged
as a unifying element. Where signage is proposed on street-level windows,
such signage should not substantially obscure visibility through the
window.
D.
Scale. The size of signs and letters shall be at an appropriate scale
for pedestrians and slow-moving traffic.
E.
Design. Typefaces which are simple, easy to read, and scaled appropriately
for both the sign and building shall be used. Pictographs (such as
a projecting sign in the shape of a key for a lock shop) can be an
appropriate feature if consistent with the standards of this chapter.
F.
Illumination. Generally, signs, if illuminated, shall be illuminated
from a shielded, exterior source. The light source should be concealed
from direct view. However, the Commission (but not the Planning Department)
may approve certain special illuminated signs. Special situations,
such as marquees, or special uses, such as cultural events or public
activities, may be appropriate exceptions where sensitively designed.
G.
Awnings, canopies and marquees. The shape and size of these devices
shall correspond to the shape, character and size of the opening over
which they will be installed and fully fill the width of the individual
window or door opening. In addition to the sign standards of this
chapter, these sign types and all advertising signs must comply with
all other design standards in this chapter.
H.
Painted wall signs. Painted wall signs, such as business names, may
be appropriate if designed in conformance with this chapter.
I.
Outdoor murals. Painted walls, such as murals and trompe I'oeil (suggestive
of architectural or other three-dimensional objects) scenes, shall
be used only to enhance the streetscape, not for advertising purposes.
A.
Scope. The following provisions apply to any proposal involving the
demolition, moving, or removal of any historic landmark, or any building
or structure, or any appurtenance thereto, in an historic district.
The purpose of this subsection is to further the purposes of the section
by preserving historic buildings which are important to the education,
culture, traditions, and the economic value of the City, and to afford
the City, interested persons, historic societies or organizations
the opportunity to acquire or to arrange for the preservation of such
buildings. Furthermore, the purpose of this section is to afford the
City, the Commission, other preservation organizations, and others
interested in preservation the opportunity to acquire or arrange for
the preservation of historic buildings and structures, or important
portions and features thereof, or proper removal of historic artifacts,
or the proper recordation of the building, structure and/or site.
B.
Procedure. Any person proposing any activity falling within the scope
of this subsection shall file an application for a certificate and
submit evidence from a structural engineer, an architectural historian,
an appraiser, or other qualified expert that demonstrates that the
standards of this section are met.
C.
Stay. At the hearing on an application to relocate or demolish a
contributing building in an historic district, or an historic landmark,
or an historic site, the Commission may, in the interest of exploring
reasonable alternatives, delay issuance of a permit for up to 120
days from the date of the hearing. If, 10 days prior to the expiration
of the delay period, the Commission finds that there are still reasonable
alternatives to explore, the Commission may continue the delay for
an additional period of up to 60 days. The purpose of the delay is
to find alternatives to demolition, such as:
(1)
Assisting in securing funding to preserve in place the building,
structure, or important portions and features thereof; or
(2)
Finding other ways to preserve the building or structure, such
as outright purchase of the property, when feasible, or relocation;
or
(3)
Proper recordation of buildings, structures and sites, including
photography and narrative report; or
(4)
Preservation of historic artifacts.
D.
Standards of approval. In order to approve an application for the
relocation or demolition of a contributing building in an historic
preservation district, or of an historic landmark or an historic site,
the Commission must find that the proposal meets one of the following
standards of approval:
(1)
The building is not a contributing structure in the historic
district nor an historic landmark or site. The determination of what
is a contributing structure shall be based on the Saco Historic Resources
Inventory (1999).
(2)
The Commission determines that the building or structure is
not of historical significance.
(3)
The building or structure, or predominant portions thereof,
has been determined by the Code Enforcement Officer to represent an
immediate hazard to the public health or safety because of severe
structural deficiencies, which hazard cannot be abated by reasonable
measures.
(4)
No prudent and feasible alternative exists.
(5)
The property is deteriorated beyond repair.
E.
Conditions of approval. In approving an application for the demolition
of a contributing building in an historic preservation district, or
an historic landmark or historic site, the Commission may impose the
following conditions:
F.
Hazard buildings. No provision in this chapter shall be construed
to prevent the alteration, demolition, or relocation of a building
when the Code Enforcement Officer certifies that such action is required
for the public safety.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in an
historic district or of any historic landmark which does not involve
a change in the design, material, or outward appearance thereof. Paint
color and the preparation of a wooden building for painting, and the
construction of legally required ramps for access by the handicapped,
are specifically excluded from the scope of this section.
B.
Nothing in this section shall prevent the construction, reconstruction,
restoration, or demolition of any feature which the Code Enforcement
Officer shall determine is a required condition because of concerns
about the safety of the building and its occupants.
An appeal from the final decision of the Commission may be taken
by any party or person aggrieved to the Zoning Board of Appeals within
30 days from the date of the decision.
This article shall not repeal, annul, or in any way impair or
remove the necessity of compliance with any other ordinance, law,
regulation or bylaw. Where this article imposes a higher and/or stricter
standard, the provisions of this article shall prevail.
The City Council, the Planning Board, or the Commission may
initiate action to amend this article. Requests to amend shall be
referred to the Commission for a report within 90 days thereon. The
Commission shall hold a public hearing before the report is made to
the City Council. Notice of the hearing shall be made public by notice
in a newspaper of general local circulation at least seven days before
the public hearing. The Planning Board shall also make a recommendation
to the City Council.
Notwithstanding the definitions of Article XXI, for the purposes of this chapter, the following terms have the following meanings, unless the context indicates otherwise:
Includes rebuilt, reconstructed, rehabilitated, restored,
removed, and demolished. For the purpose of this definition, any change,
except minor repair, in siding materials, roofing materials, gutters,
door and window sash and integral decorative elements, such as, but
not limited to, cornices, brackets, window architraves, doorway pediments,
railing, balusters, columns, cupolas and cresting and roof decorations.
Shall refer to those changes in historic properties, landmarks,
buildings, structures or sites, which are not incongruous with what
is historically and architecturally significant as determined by the
Commission.
The permit indicating compliance with this chapter.
The Saco Historic Preservation Commission.
Shall be construed to mean direct or indirect pecuniary benefit
to any person, including members of the person's immediate family,
employer or the employer of any member of the person's immediate family;
or interest sufficient to tempt the member to serve his own personal
interest to the prejudice of the public interests.
A structure located within a designated historic district
and identified as contributing to the historical or architectural
significance of said district.
The razing of a building or a structure or the removal of
any exterior architectural feature or structure or object.
Historic District.
The architectural style and general arrangement of the exterior
of a building or structure, including, but not limited to: the kind,
type, and texture of the building materials; the type and style of
all windows, doors, lights, dormers, roofs, gable cornices, porches,
decorative trim; the design of any sign; and the arrangement of fencing.
A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures or landmarks united by events or aesthetically by plan or by physical development and designated in accordance with the requirements of this chapter as appropriate for historic preservation. These district(s) were established pursuant to § 230-1905 herein.
Any improvement, building or structures of particular historic
or architectural significance to the City relating to its heritage,
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 section.
A building, structure or site possesses historic significance if it embodies one or more of the qualities outlined in § 230-1904. Buildings classified as noncontributing are not considered to possess historical significance.
Any parcel of land of special significance in the history
of Saco, and its inhabitants, or upon which an historic event has
occurred, including prehistoric and archeological sites, and which
has been designated as such in accordance with this section.
Are incidental changes or additions to a building or site
which will neither result in substantial changes to any significant
historic features nor obscure such features. In no event shall any
change be deemed minor when, in the determination of the Planning
Department, such change shall alter the historic character of the
building or site.
Characterized by the regular recurrence of strong and weak
elements.
Anything constructed or erected, the use of which requires
a fixed location on or in the ground, or an attachment to something
having a fixed location on the ground, including buildings, billboards,
signs, carports, porches, and other building features.
For purposes of this chapter only, "temporary" is defined
as either a one-time occurrence.
