No exterior of an existing building or structure, storefront,
display window, roof, window, awning, entrance, sign, lighting, appurtenances
or land located within the Area shall be altered, improved, modified,
repaired, rehabilitated or painted until a permit therefor has been
issued by the Code Enforcement Officer, except as exempted in this
section.
A. Any project on an historic site or landmark or on a property in an historic district which receives a certificate of appropriateness under Chapter
148, Historic Preservation, shall be automatically granted a permit under this chapter.
B. A
permit shall not be required for emergency or minor maintenance repairs
which do not materially alter the existing exterior elements of the
building or structure.
C. No
permit shall be issued until the proposed activity complies with the
provisions of this chapter.
D. No
permit shall be issued for work with an estimated fair market value
cost of $1,000 or more for materials, supplies and/or labor until
the proposed activity has been approved by the Revitalization Area
Design Review Committee (hereinafter "Design Committee") pursuant
to this chapter. An affirmative vote of three members of the Design
Committee shall be required to approve the proposed activity. The
issuance of such a certificate by the Commission shall be determinative
of the compatibility of the proposed design or plan with the architecture
of the building.
E. All
applications for a permit shall be submitted to the Staff Coordinator
and accompanied by a design or plan, accurately drawn at a suitable
scale, showing in sufficient detail the entire building or structure
elevation, storefront design, windows, cornices, materials (including
samples, if requested), signs, lighting, awning and other architectural
features. Said plan or design shall be prepared to acceptable standards
as determined by the Code Enforcement Officer or Design Committee.
In addition, the Officer or Committee is hereby authorized to require
such additional information as may be deemed necessary or appropriate
for the proper administration and enforcement of this chapter. The
format and number of copies of the application and plan or design
submitted shall be as set by the Staff Coordinator. The Code Enforcement
Officer may accept a sketch outlining the proposed work for projects
which do not require Design Committee approval. For projects which
require Design Committee approval, the Code Enforcement Officer shall
refer the application to the Design Committee within 10 days of his
or her determination that the application is in order.
F. Once the Design Committee has approved an application under this
chapter and the building or structure in question conforms to the
requirements of this chapter, further Design Committee review and
approval will not be required for the following activities: repainting
of exterior elements of the building or structure in accordance with
previously approved color schemes; emergency repairs to exterior elements
of the building, such as replacement of glass or other broken door
or window elements; renovation or repair of signs which does not depart
from the design approved by the Committee; and minor repairs, as long
as said repairs do not alter the design approved by the Committee.
These activities may be carried out without a permit under this chapter,
provided that notification of said activities is filed, in writing,
with the Code Enforcement Officer.
Establishment. A Revitalization Area Design Review Committee is hereby established in the City of Bangor for the purpose of reviewing certain applications under this chapter to ensure compliance with the objectives and rehabilitation standards contained herein. The words "Design Committee," when used in this chapter, shall be construed to mean the Revitalization Area Design Review Committee, which shall consist of the Bangor Historic Preservation Commission as established under Chapter
148, Historic Preservation, §
148-6, of this Code.
A. Duties
and responsibilities. The Design Committee shall have the following
duties and responsibilities under this chapter:
(1) Review of all preliminary and final designs and/or plans for all
improvements, modifications, repairs, installations, rehabilitation
or painting (except for emergency or minor maintenance repairs or
rehabilitation work with an estimated fair market value cost of less
than $1,000 for materials, supplies and/or labor) which affects the
exterior of existing buildings or structures, signs, awnings, exterior
lighting, show windows, roofs, rear yards or open spaces or vacant
lots to ascertain whether or not said designs or plans for the contemplated
work conform to the requirements of this chapter. Such review shall
be in accordance with the provisions of this chapter.
(2) Approval of such designs or plans as the Design Committee determines
to be in accordance with the provisions of this chapter.
(3) Assistance to property owners in the development of acceptable rehabilitation
designs or plans to bring their properties into compliance with the
provisions of this chapter.
(4) Review of properties within the Area and formulation of written recommendations
to the property owners outlining suggestions as to such nonmandatory
facade improvements as may be deemed appropriate for the building
in question.
In reviewing properties to determine compliance with the provisions
of this chapter and in reviewing designs or plans submitted in accordance
herewith, the Design Committee or the Code Enforcement Officer shall
be concerned with all aspects affecting the exterior appearance of
the properties located within the Area, including but not limited
to the following:
A. Materials used on all visible exterior areas of the building(s).
B. Design of show windows, storefronts and entrance areas, including
materials and types of security devices.
C. Design of signs, methods of illumination, materials and methods of
attachment.
D. Design of awnings and canopies, materials and methods of attachment.
E. Condition of parking areas, rear yards, open spaces and vacant lots.
For those areas designated in the Waterfront Development District within the Bangor Center Revitalization Area Map, the standards of §
71-11.1A through
D shall apply. For all other areas, the following standards and considerations shall be used by the Design Committee or the Code Enforcement Officer in evaluating applications to determine whether or not the proposed activity conforms to the requirements of this chapter and promotes the intent and purpose hereof:
A. Materials, techniques and designs should, where practical, conform
to and harmonize with the architecture of the building. To that end,
correct period sash, doors, cornices, wall materials and signs should
be considered.
B. Rehabilitation work shall not destroy the distinguishing qualities
or character of the building and its environment. The removal or alteration
of any unique architectural features shall be avoided wherever possible.
C. Deteriorated architectural features should be repaired rather than
replaced, whenever possible. In the event that replacement is necessary,
the new materials should, where practical, match the materials being
replaced in composition, design, texture and finish.
D. Removal of present-day facades which are inappropriate and incompatible
with the existing structures or neighboring properties shall be encouraged.
E. Designs and materials shall be appropriate to the period and style
of the building and should harmonize with adjacent properties.
F. New work adjoining existing buildings shall be carefully blended
to minimize the separation, unless such a separation is suitable to
enhance or emphasize the qualities of the original work.
G. Hardware and lighting fixtures, where practical, shall be selected
with care to conform to authentic work of the period and to match
remaining originals where such exist.
H. All alterations, improvements, modifications, repairs, rehabilitation,
painting and other improvements shall be harmonious and tie in with
existing materials in an acceptable manner.
[Amended 9-9-2019 by Ord.
No. 19-329]
A. Requirements for applications involving signs:
(1) A scale drawing of the sign.
(2) A depiction or sample of the means of sign installation, including
attachment or mounting to the building.
(3) Materials, colors, lettering, and finishes.
(4) Any other information and documentation the Planning Division or
Code Enforcement Division considers necessary.
B. Staff review. The applicant shall submit an application to the Staff Coordinator in sufficient detail to permit adequate review of the sign, along with the fee required under §
109-1. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. If the application for a sign is not approved or denied within 45 days of it having been submitted to the Staff Coordinator, then it is deemed denied.
C. Determination. In determining whether or not proposed work receives approval, The Code Enforcement Officer or their designee, and the Planning Officer or their designee shall apply the evaluation standards set forth in §
71-11 or
71-11.1. Additionally, all signs must comply with the regulations contained in Chapter
260, Signs.
D. Approval. If the Code Enforcement Officer or their designee and the Planning Officer or their designee each determine that the proposed work meets the evaluation standards set forth in §
71-11 or
71-11.1, the application shall be approved. The Staff Coordinator shall forward copies of the approved application to the applicant and to the Code Enforcement Officer for issuing of necessary permits.
(1) If approved, the proposed work must be begun within six months of
approval and completed within 12 months of approval.
(2) After completion of the project, or after 12 months from approval,
the property owner shall allow staff to access exterior areas of the
property as reasonably necessary in order to perform an inspection
to verify work was done in accordance with the approval.
E. Disapproval. If the Code Enforcement Officer, or their designee,
or the Planning Officer, or their designee, determines that the proposed
alteration is either not minor in scope, or not appropriate, or both,
the application shall not be approved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) If disapproved, the applicant may submit an application for either minor alteration or revision or design review for consideration at a meeting of the Design Committee, along with the fee required under §
109-1.
Any person, firm or corporation being the actual or constructive
owner of any building or premises which is adjudged to be in violation
of any of the provisions of this chapter shall be guilty of a civil
violation and, on conviction, shall be fined not less than $10 nor
more than $100. Each day such a violation is permitted to exist after
notification shall constitute a separate offense. Any fines imposed
pursuant to this chapter shall inure to the benefit of the City of
Bangor.
The City Solicitor or their representative is hereby authorized
and directed to institute any and all actions and proceedings, either
in law or in equity, that may be appropriate or necessary to obtain
compliance with the provisions of this chapter.