[11-6-2024(2)[1]]
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, multifamily and flex housing 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 the downtown and the waterfront;
(4) 
To apply design review standards in a reasonable and flexible manner to prevent the unnecessary loss of the 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 residential, nonresidential and mixed use structures, to be compatible with existing development, and to positively contribute to the character of the community;
(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;
(7) 
To encourage development of housing while conducting design review and maintaining economic feasibility for applicants; and
(8) 
To enable a diverse portfolio of housing "inside the bypass" that not only increases the availability and affordability of living options, but also supports and enhances Belfast's key strength as a welcoming, hospitable place to live. Residents from all walks of life need more housing that will provide them with walking access to shops, entertainment, and employment opportunities.
Architectural diversity is a hallmark of Belfast's neighborhoods. In this vein, the Code encourages projects to be pedestrian friendly, with building mass, scale, fenestration, and landscaping fitting into the existing context of the neighborhood, without dictating a specific style.
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.
[1]
Editor's Note: This ordinance amended in its entirety Ch. 80, In-Town Design Review, adopted 10-21-2008, as amended 2-19-2013; 3-6-2018; 5-7-2024(3). Prior legislation includes 3-27-2001.
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CERTIFICATE OF ECONOMIC HARDSHIP
A certificate issued by the Planning and Codes Department evidencing a hardship variance approved by the Belfast Zoning Board of Appeals in accordance with Article III, Appeals, of this chapter.
COMMITTEE FACILITATOR
The staff representative from the Planning and Codes Department who serves as a non-voting facilitator at each Committee meeting.
DEPARTMENT
Refers to the Planning and Codes Department.
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 1, MANDATORY IN-TOWN DESIGN REVIEW PERMIT
A permit which requires applicant compliance with the findings and conditions established by the In-Town Design Review Committee; reference Section 80-4(a) of this chapter.
TYPE 2, MAJOR VOLUNTARY IN-TOWN DESIGN REVIEW PERMIT
A permit which requires an applicant to submit an application for review by the In-Town Design Review Committee of a proposed new or exterior alteration of any multi-family (3 or more dwellings per structure) or flex housing structure, but does not require an applicant to comply with the Committee's findings and conditions; reference Section 80-4(a) of this chapter.
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.
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(a) 
Membership. The In-Town Design Review Committee shall include no less than five and no more than nine 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 2 and 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. Terms shall be staggered so that only one third of the Committee members' terms expire in any given year.
(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 Planning and Codes Department in the Committee performing its assigned responsibilities.
(e) 
Committee Acting Chair. One member of the Committee shall be chosen at each development review for the role of Acting Chair. The Chair shall preside at the meeting for which they have been chosen, direct the meeting based on the agenda, gather consensus, and work to maintain the efficiency and dignity of the Committee.
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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 non-residential 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 faced or cladding (facing) 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, antennae, 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;
(b) 
Type 2 major voluntary in-town design review permit. The following construction activities that affect the exterior appearance of any structure occupied by a multi-family or flex housing residential use on one or more floors, that are proposed to occur in the following zoning districts, shall be subject to obtaining a Type 2 major voluntary 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 faced or cladding (facing) 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, antennae, satellite receiving dishes, and solar collectors that exceed two feet by two feet in size.
(8) 
The demolition or relocation of an existing structure.
(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 non-residential 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), (b) and (c) above, if the work consists solely of ordinary maintenance, or the work consists solely of an emergency repair of a temporary nature.
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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 (copy of map attached).[1]
[1]
Editor's Note: A map detailing the areas subject to In-Town Design Review is included as an attachment to this chapter.
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(a) 
The In-Town Design Review Committee, in issuing its findings on an application for a Type 1, Type 2 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 non-directional 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.
f. 
Site layout and design. Site layout and design shall be visually compatible with nearby features in the neighborhood.
g. 
Historic districts. New construction and exterior alterations in historic districts shall be visually compatible with surrounding structures.
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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.
(4) 
Unsafe structure. The building has been deemed unsafe by the Code Enforcement Officer.
(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.
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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.