City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor as Ch. VII, Art. 4. Amendments noted where applicable.]
GENERAL REFERENCES
Bangor Center Revitalization Area — See Ch. 71.
Land development — See Ch. 165.

§ 148-1 Statutory authority; purpose.

[Amended 3-26-1990 by Ord. No. 90-118]
This chapter is adopted in accordance with the Charter of the City of Bangor and pursuant to the legislative authority vested in the City by virtue of 30-A M.R.S.A. §§ 3001 and 3007 and acts amendatory thereto for the purposes of preserving, protecting and enhancing buildings and places or areas within the City which possess particular historic or architectural significance in order to promote the educational, cultural and economic welfare of the residents and visitors to the City. To achieve these purposes, it is intended that historic districts and related regulations be used to prevent inappropriate alterations of buildings of historic or architectural value; to preserve the essential character of neighborhoods; and to assure that new buildings or structures constructed in neighborhoods and districts of historic or architectural value are designed and built in a manner which is compatible with the character of the neighborhood or district.

§ 148-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
HISTORIC DISTRICT
Any place or area which includes or encompasses such historic sites, historic landmarks, buildings, signs, appurtenances, structures or objects as may be designated in accordance with this chapter as appropriate for historical preservation.
HISTORIC LANDMARK
Any improvement, building or structure of particular historic or architectural significance to the City relating to its heritage or 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 chapter.
HISTORIC SITE
Any parcel of land of special significance in the history of the City and its inhabitants or upon which an historic event has occurred and which has been designated as such in accordance with this chapter. The term "historic site" shall also include any improved parcel, or part thereof, on which is situated an historic landmark and any abutting improved parcel, or part thereof, used as and constituting part of the premises on which the historic landmark is situated, as may be designated in accordance with this chapter.
STAFF COORDINATOR
The Director of Community and Economic Development or his or her designee.
[Added 1-9-2017 by Ord. No. 17-056]
STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to mobile homes, buildings, walls, billboards, signs, piers and floats, fences, and retaining walls.
[Added 7-22-2013 by Ord. No. 13-236]

§ 148-3 Qualifications.

The historic districts, historic sites or historic landmarks established in accordance with this chapter shall have one or more of any combination of the following characteristics and qualifications, without limitations as to cultural or chronological period:
A. 
Structures or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, social or sociological history of Bangor and the nation, including sites and buildings at which visitors may gain insight or see examples either of particular items or of larger patterns in the North American heritage.
B. 
Structures or sites importantly associated with historic personages.
C. 
Structures or sites importantly associated with historic examples of a great idea or ideal.
D. 
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 or of landscaping or a single notable structure or a single site representing the work of a master builder, master designer, architect or landscape architect.
E. 
Structures contributing to the visual continuity of the historic district.
F. 
Those sites or areas in or eligible for listing on the National Register of Historic Places or National Historic Landmark.

§ 148-4 Process for establishment.

[Amended 3-12-1986 by Ord. No. 86-94; 12-10-2012 by Ord. No. 13-025; 1-9-2017 by Ord. No. 17-056]
Historic district, historic sites or historic landmarks shall be established by amendment to § 148-5 of this chapter. All such amendments shall be initiated by the completion of a form directed to the Chair of the Commission and filed with the Staff Coordinator. The Chair shall thereafter call a meeting of the Commission for purposes of formulating the Commission's recommendation concerning the request. At the same time, the Staff Coordinator shall take all necessary action to place the request on the agenda of the next regular meeting of the City Council, allowing a minimum of two days for preparation of all necessary documents prior to the closing of any Council agenda. Pending receipt of a report of the Commission's recommendations, the City Council shall take no further action on the proposed amendment.
A. 
Studies and recommendations. Before making its recommendation concerning the proposed establishment of an historic district, historic site or historic landmark, the Commission may conduct studies and research on the proposal. The Commission will make a report to the Council on every request received. Drafts of the report shall also be mailed to the Maine Historic Preservation Commission for review and comment.
B. 
Public hearing and final report. Before a final report is made to the Council, the Historic Preservation Commission shall hold a public hearing on the request, after due notice. Written notice of the proposal shall be given to the applicant, owners of all property abutting or to be included within the proposed designation and all other persons found by the Commission to have a special interest in the proposal. After said public hearing, the Commission shall submit a final report with its recommendations to the City Council.
C. 
Action by City Council. After receipt of the Commission's recommendations, as provided above, the City Council shall consider and take all appropriate action on said proposed amendment in accordance with the City Charter, the Council's rules of procedure adopted pursuant thereto and the laws of the State of Maine. Within 10 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 of such designation by the City Clerk.

§ 148-5 Historic districts, historic sites and historic landmarks designated.

The following described lands, buildings or structures or areas of the City are designated historic districts, historic sites or historic landmarks, as follows:
A. 
Historic districts.
(1) 
Thomas Hill Historic District. An area of approximately 10 acres located on the westerly side of Ohio Street and easterly of Highland Avenue, comprising the real estate commonly known as the "Bangor Standpipe," the "Bangor Children's Home," "Summit Park," the "Bangor Bird Sanctuary," the "Low-McEvoy House" and a vacant parcel adjacent to the Bangor Children's Home property, said area being more particularly described on a plan entitled "Thomas Hill Historic District" on file in the office of the City Clerk.
[Amended 1-14-1985 by Ord. No. 85-55]
(2) 
Broadway Historic District. An area of approximately 20 acres, portions of which are listed on the National Register of Historic Places, bounded generally on the north by South Park Street, on the south by State Street and centered on Broadway, and more particularly described on a plan entitled "Historic Districts - Broadway Historic District" on file in the office of the City Clerk.
[Amended 2-27-1984 by Ord. No. 84-93]
(3) 
High Street Historic District. An area generally bounded on the east by Hammond Street and on the west by Union Street and centered on High Street, said area being more particularly described on a plan entitled "Historic Districts - High Street Historic District" on file in the office of the City Clerk. The land and buildings located at 145 Union Street and more specifically described on City Tax Map 42, Lot 103, shall be included in the High Street Historic District, and the map entitled "Historic Districts - High Street Historic District" shall be amended to include said parcel. The land and buildings located at 84-116 Hammond Street and more specifically described on City Tax Map 42, Lot 89, shall also be included in the High Street Historic District, and the map entitled "Historic District - High Street Historic District" shall be amended to include said parcel.
[Amended 10-11-1989 by Ord. No. 89-383; 10-14-1998 by Ord. No. 98-389]
(4) 
Bangor Theological Seminary Historic District. An area generally bounded on the east by Union Street, on the west by Hammond Street and on the north by Pond Street, said area being described more particularly on a plan entitled "Historic District - Bangor Theological Seminary Historic District" on file in the office of the City Clerk.
(5) 
Whitney Park Historic District. An area generally bounded by the properties on the northerly side of West Broadway, on the east by Union Street, on the west by Hammond Street and on the south by Pond Street, said area being described more particularly on a plan entitled "Historic Districts - Whitney Park Historic District" on file in the office of the City Clerk.
(6) 
West Market Square Historic District. An area of approximately two acres to include the area bounded on the north by Hammond Street, on the east by Kenduskeag Plaza, the south by West Market Square, the southwest by West Market Square and the northwest by Main Street; all properties abutting on the east side of Main Street from the intersection of Main Street and West Market Square southwesterly approximately 450 feet along the east side of Main Street, to include the properties designated as Parcels 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145 and 146 on City Assessor's Sheet 42; the property abutting on the westerly side of West Market Square designated as Parcel 160 on City Assessor's Sheet 42; and the property abutting on the west side of Merchants Plaza designated as Parcel 159 on City Assessor's Sheet 42, said area being more particularly described on a plan entitled "West Market Square Historic District" on file in the office of the City Clerk.
[Amended 2-27-1984 by Ord. No. 84-93]
(7) 
Great Fire Historic District. An area generally bounded on the east by Park Street and French Street, on the north by the properties on the northeasterly side of Harlow Street, on the west by the properties on the northwesterly side of Central Street and on the south by the properties on the northerly side of State Street and the properties on the northerly side of York Street, said area being described more particularly on a plan entitled "Historic Districts - Great Fire of 1911 Historic District" on file in the office of the City Clerk.
[Amended 1-14-1985 by Ord. No. 85-55]
(8) 
State Street Historic District. An area encompassing the properties located at 241 State Street, 247 State Street and 20 Newbury Street, said area being more particularly described on a plan entitled "State Street Historic District" on file in the office of the City Clerk.
[Amended 4-15-1987 by Ord. No. 87-128]
(9) 
Main Street Historic District. The land and buildings specifically described on a plan entitled "Main Street Historic District" on file in the office of the City Clerk. The Main Street Historic District plan is hereby amended to include 72-80 Columbia Street (a.k.a. Thomas Hatch Block), more specifically described on City of Bangor Tax Assessor's Map 42, Lot 117, as a part thereof.
[Amended 2-26-1990 by Ord. No. 90-30; 9-27-2004 by Ord. No. 04-276]
B. 
Historic sites. (Reserved)
C. 
Historic landmarks.
[Amended 5-9-1977]
(1) 
Bangor House. The land and buildings bounded generally on the north by Main Street, on the west by May Street, on the south by Gallagher's Place and on the east by Union Street and more particularly described on a plan entitled "Historic Landmarks - Bangor House" on file in the office of the City Clerk.
(2) 
Wheelwright Block. The land and building located on the southerly side of Hammond Street and more particularly described on a plan entitled "Historic Landmarks - Wheelwright Block" on file in the office of the City Clerk.
(3) 
Adams Pickering Block. The land and building located at the northwesterly corner of Main and Middle Streets, commonly known as "Sleeper's," and more particularly described on a plan entitled "Historic Landmarks - Adams Pickering Block" on file in the office of the City Clerk.
(4) 
Samuel Farrar House. The land and buildings located at 123 Court Street, commonly known as the "Pentecostal Assembly," and more particularly described on a plan entitled "Historic Landmarks - Samuel Farrar House" on file in the office of the City Clerk.
(5) 
Godfrey Kellog House. The land and buildings located at 212 Kenduskeag Avenue, commonly known as "Cliff Cottage," and more particularly described on a plan entitled "Historic Landmarks - Godfrey Kellog House" on file in the office of the City Clerk.
(6) 
Morse and Company Office Building. The land and building located at 455 Harlow Street, commonly known as the "Leighton Agency," and more particularly described on a plan entitled "Historic Landmarks - Morse and Company Office Building" on file in the office of the City Clerk.[1]
[1]
Editor's Note: Former Sec. 5.3.7, Morse Covered Bridge, which immediately followed this subsection, was deleted 7-25-1983 by Ord. No. 83-264.
(7) 
Zebulon Smith House. The land and buildings located at 55 Summer Street and more particularly described on a plan entitled "Historic Landmarks - Zebulon Smith House" on file in the office of the City Clerk.
(8) 
John Crosby House. The land and buildings located at 277 State Street, formerly known as the "Home for Aged Women," currently known as "Cityside, Inc.," and more particularly described on a plan entitled "Historic Landmarks - John Crosby House" on file in the office of the City Clerk.
[Amended 6-13-1977]
(9) 
Charles H. Pond House. The land and buildings located at 175 State Street and more particularly described on a plan entitled "Historic Landmarks - Charles H. Pond House" on file in the office of the City Clerk.
[Amended 6-13-1977]
(10) 
Bangor Waterworks. The land and buildings located on the southerly side of State Street, generally opposite from the intersection of Egery Street and State Street, said property being more particularly described on a plan entitled "Historic Landmarks - Bangor Waterworks" on file in the office of the City Clerk.
[Amended 6-13-1977]
(11) 
Jones P. Veazie House. The land and buildings located at 88 Fountain Street and more particularly described on a plan entitled "Historic Landmarks - Jones P. Veazie House" on file in the office of the City Clerk.
[Amended 10-12-1977]
(12) 
Maplewood. The land and buildings located at 8 Montgomery Street and more particularly described on a plan entitled "Historic Landmarks - Maplewood" on file in the office of the City Clerk.
[Amended 10-12-1977]
(13) 
Jonathan Eddy House. The land and buildings located at 181 State Street and more particularly described on a plan entitled "Historic Landmarks - Jonathan Eddy House" on file in the office of the City Clerk.
[Amended 10-12-1977]
(14) 
William A. Mills Double House. The land and buildings located at 35-37 Fifth Street and more specifically described on a plan entitled "Historic Landmarks - William A. Mills Double House" on file in the office of the City Clerk.
[Amended 6-13-1977]
(15) 
George L. Phillips House. The land and buildings located at 96 Ohio Street and more specifically described on a plan entitled "Historic Landmarks - George L. Phillips House" on file in the office of the City Clerk.
[Amended 6-13-1977]
(16) 
Thomas O'Leary House. The land and buildings located at 423 Hancock Street and more particularly described on a plan entitled "Historic Landmarks - Thomas O'Leary House" on file in the office of the City Clerk.
[Amended 6-12-1977]
(17) 
Doctor William Gallup House. The land and buildings located at 265 Hammond Street and more particularly described on a plan entitled "Historic Landmarks - Dr. William Gallup House" on file in the office of the City Clerk.
[Amended 8-14-1978]
(18) 
Nathaniel Collamore House. The land and buildings located at 124 Ohio Street and more particularly described on a plan entitled "Historic Landmarks - Nathaniel Collamore House" on file in the office of the City Clerk.
(19) 
Grata M. Moore House. The land and buildings located at 69 Highland Avenue and more particularly described on a plan entitled "Historic Landmarks - Grata M. Moore House" on file in the office of the City Clerk.
[Amended 12-11-1978]
(20) 
David Fuller House. The land and buildings located at 98 Cumberland Street and more particularly described on a plan entitled "Historic Landmarks - David Fuller House" on file in the office of the City Clerk.
[Amended 12-11-1978]
(21) 
St. John's Catholic Church. The land and buildings located at 207 York Street and more particularly described on a plan entitled "Historic Landmarks - St. John's Catholic Church" on file in the office of the City Clerk.
[Amended 5-30-1979]
(22) 
George K. Stetson House. The land and building located at 208 French Street and more particularly described on a plan entitled "Historic Landmarks - George K. Stetson House" on file in the office of the City Clerk.
[Amended 5-30-1979]
(23) 
Ellen R. Doe Kellogg House. The land and buildings located at 45 First Street and more particularly described on a plan entitled "Historic Landmarks - Ellen R. Doe Kellogg House" on file in the office of the City Clerk.
[Amended 12-8-1980]
(24) 
East Bangor Church. The land and buildings located at 401 Pushaw Road and more specifically described on City of Bangor Assessor's Map R-30, Parcel 5.
[Amended 6-24-1985 by Ord. No. 85-217]
(25) 
Bangor Fire Department Station No. 6. The land and buildings located at 294 Center Street and more specifically described on City of Bangor Assessor's Map 38, Parcel 94.
[Amended 12-30-1985 by Ord. No. 85-308]
(26) 
Charles G. Bryant Double House. The land and buildings located at 16 and 18 Division Street and more specifically described on City of Bangor Assessor's Map 39, Parcel 147.
[Amended 5-30-1979]
(27) 
Comfort C. Farrington - General Joseph S. Smith House. The land and buildings located at 241 State Street and more specifically described on a plan entitled "Comfort C. Farrington - General Joseph S. Smith House" on file in the office of the City Clerk.
[Amended 3-23-1987 by Ord. No. 87-100]
(28) 
Edward Sargent - Amos M. Roberts House. The land and buildings located at 178 State Street and more specifically described on a plan entitled "Edward Sargent - Amos M. Roberts House" on file in the office of the City Clerk.
[Amended 6-23-1987 by Ord. No. 87-205]
(29) 
Benjamin H. Mace House. The land and building located at 489 State Street and more specifically described on a plan entitled "Benjamin H. Mace House" on file in the office of the City Clerk.
[Amended 9-28-1987 by Ord. No. 87-101]
(30) 
Charles W. Jenkins House. The land and buildings located at 63V Pine Street and more specifically described on a plan entitled "Charles W. Jenkins House" on file in the office of the City Clerk.
[Amended 9-25-1989 by Ord. No. 89-373]
(31) 
Webster Treat - Norris E. Bragg House. The land and buildings located at 89 Third Street and specifically described on a plan entitled "Webster Treat - Norris E. Bragg House" on file in the office of the City Clerk.
[Amended 3-12-1990 by Ord. No. 90-74]
(32) 
Wardwell-Trickey-Carleton Double House. The land and building located at 97-99 Ohio Street specifically described on a plan entitled "Wardwell-Trickey-Carleton Double House" on file in the office of the City Clerk.
[Amended 4-8-1991 by Ord. No. 91-139]
(33) 
Nathaniel Burleigh - Haven Sawyer House. A two-acre parcel and the buildings thereon located at 840 Broadway, more specifically described by the site plan on file with the City Clerk.
[Amended 5-12-1997 by Ord. No. 97-196]
(34) 
Elmar T. Boyd House. The land and buildings located at 251 French Street, City of Bangor Tax Assessor’s Map 48, Lot 140.
[Added 7-12-2004 by Ord. No. 04-210]
(35) 
The Carr-Wing House. The land and buildings located at 412 State Street, City of Bangor Tax Assessor’s Map 54, Lot 224.
[Added 4-14-2008 by Ord. No. 08-090]
(36) 
The William Augustus Blake House. The land and buildings located at 107 Court Street, City of Bangor Tax Assessor's Map 32, Lot 180,
[Added 9-12-2011 by Ord. No. 11-271]

§ 148-6 Historic Preservation Commission.

A. 
Members of the Historic Preservation Commission shall be appointed by the City Council, which shall make such appropriations each year as may be necessary to fund the activities of the Commission.
[Amended 12-10-2012 by Ord. No. 13-025]
B. 
The membership of such Commission shall consist of five members who shall be residents of the City of Bangor. Appointments shall be made on the basis of demonstrated interest, ability, experience and desire to promote historic preservation in the City of Bangor within the meaning of § 148-1 of this chapter. In addition, the Commission may appoint other persons, not necessarily residents of the City of Bangor, who shall serve on an advisory consultant basis to assist the members of the Commission in the performance of their functions.
[Amended 12-8-1980]
C. 
All appointments of members shall be for a term of three years, except in those instances in which the appointment is made to fill a vacancy in an unexpired term, in which case the appointment shall be for the remainder of the unexpired term. In addition, there shall be two associate members appointed by the City Council for terms of three years or until their successors are duly appointed and qualified. The Chair of the Commission shall designate which shall vote in the stead of an absent member. Members and associate members of the Commission shall be residents of the City of Bangor and shall serve without compensation. The City Council shall act within 60 days to fill a vacancy in an unexpired term. No member shall serve more than two complete consecutive terms.
[Amended 3-28-1988 by Ord. No. 88-151]
D. 
Such Commission shall elect annually a Chairman, Vice Chair and Secretary from among its own membership. An affirmative vote of four members shall be required to issue a certificate of appropriateness. All records maintained or prepared by the Secretary are deemed public and may be inspected at reasonable times.
E. 
Said Commission, for its purposes, shall adopt and may from time to time amend rules and regulations not inconsistent with the intention of this chapter and of the state enabling legislation.
F. 
All members shall attend an annual orientation meeting to be scheduled during the month of January of each calendar year.
[Amended 8-22-1988 by Ord. No. 88-323]
G. 
The Commission shall meet at least quarterly and, prior to December 31 of each calendar year, shall prepare and submit to the City Council an annual report outlining its doings during the preceding twelve-month period.
H. 
The Historic Preservation Commission may, subject to appropriations or other income, employ clerical and technical assistants or consultants and may accept grants, money gifts or gifts of service and may hold or expend the same for all or any of the purposes of historic preservation in the City of Bangor. The Commission shall advise and assist owners of designated structures of historic sites with plans and assistance in complying with the requirements of this chapter to the extent possible under the funding available to the Commission, in an effort to further the accomplishment of this chapter. The Commission may erect a suitable sign or marker indicating the significance of any designated site, landmark or district with income available to the Commission or with appropriations for that purpose, subject to obtaining written permission from the owners of the property upon which the sign or marker is to be erected.
[Amended 7-11-1977]
I. 
In addition to the other duties and responsibilities imposed by this chapter and by law, the Commission shall:
[Added 6-24-1985 by Ord. No. 85-223]
(1) 
Review all new construction within its jurisdiction to determine if locally listed prehistoric or historic archaeological sites will be affected.
(2) 
Review all proposed National Register nominations for properties within its jurisdiction.
(3) 
Conduct or cause to be conducted a continuing survey of cultural resources in the community according to the guidelines established by the Maine Historic Preservation Commission.
(4) 
Act in an advisory role to other officials and departments of the City regarding the protection of local cultural resources.
(5) 
Act as a liaison on behalf of the City to individuals and organizations concerned with historic preservation.
(6) 
Work toward the continuing education of citizens within the Commission's jurisdiction regarding preservation issues and concerns.

§ 148-7 Uses permitted.

Uses permitted in historic districts, historic sites or historic landmarks shall be those set forth in the provisions of Chapter 165, Land Development, of the Code of the City of Bangor for the zone in which such district, site or landmark is located.

§ 148-8 Certificate of appropriateness required.

The Historic Preservation Commission shall protect historic landmarks, historic sites and historic districts by the issuance of certificates of appropriateness.
A. 
When required. A certificate of appropriateness issued by the Commission shall be required only for one of the following:
[Amended 7-11-1977]
(1) 
Any change in the exterior appearance of an historic landmark, an historic site or any building in an historic district if such change requires a building or sign permit from the Code Enforcement Officer.
[Amended 1-28-1980]
(2) 
New construction of a principal or accessory building or structure visible from a public street where such building or structure will be located in an historic district.
(3) 
Demolition of an historic landmark or of any building in an historic district.
(4) 
Moving of an historic landmark or any building in an historic district.
(5) 
Any change, except minor repair, in siding materials, roofing materials, 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.
(6) 
Other improvements or alterations to the site where a historic landmark, historic site or building in a historic district is located which require Planning Board approval.
[Added 12-10-2012 by Ord. No. 13-025]
B. 
Condition precedent to building or sign permit.
[Amended 3-22-1982 by Ord. No. 82-55]
(1) 
In any historic district and with respect to any historic site or historic landmark, no building or sign permit shall be issued by the Code Enforcement Officer for any construction, alteration or demolition until a corresponding certificate of appropriateness has been issued by the Historic Preservation Commission.[1]
[1]
Editor’s Note: Former Subsection B(2), regarding activities that do not require a certificate of appropriateness, which immediately followed, was repealed 12-10-2012 by Ord. No. 13-025.

§ 148-9 Application for certificate.

[Amended 7-11-1977; 1-28-1980; 12-30-1985 by Ord. No. 86-22; 12-10-2012 by Ord. No. 13-025; 4-27-2015 by Ord. No. 15-114; 1-9-2017 by Ord. No. 17-056]
A. 
Staff review. An application for a certificate of appropriateness may be obtained from, and shall be submitted to, the Staff Coordinator. The format and number of copies of the application submitted shall be as set by the Staff Coordinator. Within seven calendar days of the application being submitted, the applicant shall be informed whether the application is complete for filing, in that it meets the requirements of § 148-9C, that the fee required under § 109-1 has been paid, and that the Code Enforcement Officer or his or her designee has determined that the changes proposed in the application meet applicable codes. If the application is not determined to be complete, the application will be held until all deficiencies have been corrected by the applicant.
B. 
Commission review. Once an application is determined to be complete, the Planning Division shall place the application on a Historic Preservation Commission agenda for action. The Commission shall consider each application and reach a decision thereon within 45 days of the date the application was determined to be complete, or the application shall be deemed denied. Upon mutual agreement by the Planning Division or Commission and the applicant, said period may be extended for an additional 45 days. After the Commission has acted on the application, the Code Enforcement Officer shall issue or deny permits as appropriate.
C. 
Application contents. The application shall contain the following information and documentation:
(1) 
For all applications:
(a) 
The applicant's name and address and his or her interest in the subject property.
(b) 
The owner's name and address, if different from the applicant's.
(c) 
The map and lot and address or location of the subject property.
(d) 
The present use and zoning classification of the subject property.
(e) 
A brief description of the construction, reconstruction, remodeling, alteration, maintenance, demolition or moving requiring the issuance of a certificate of appropriateness.
(f) 
A drawing or drawings, indicating the design and location of all proposed changes for which the certificate is being applied. As used herein, "drawings" shall mean plans and exterior elevations drawn to scale with sufficient detail to show, as far as they relate to exterior appearances, the architectural design of the building.
(g) 
A description and samples of the materials which will be used. If available, detailed cut sheets from the manufacturer shall be included. The description must include information concerning finishes.
(h) 
Photographs of the building involved and of adjacent buildings, marked to indicate the location of the proposed project or sign. One of the photographs shall be a photograph of the entire building.
(2) 
Additional requirements for new buildings and additions:
(a) 
Architectural plans drawn to scale.
(b) 
A site plan showing the building in relation to property lines and adjacent buildings.
(c) 
If the project is an improvement or change to existing exterior features, then the applicant must submit a site plan which includes the buildings and exterior features as they now exist, adjacent buildings, and proposed alterations.
(3) 
Additional requirement for replacement of an exterior facade, roofing, doors, or windows, and for other site or building appurtenances (such as, but not limited to, fencing, bollards, railings, gutters, pad-mounted transformers, ventilation, wiring, lighting, and security cameras): methods of attachment or installation.
(4) 
Additional requirement if site improvements are proposed: a site plan indicating improvements affecting appearance, such as walls, walks, terraces, accessory buildings, signs and other elements.
(5) 
Additional requirements for applications involving signs:
(a) 
A scale drawing of the sign.
(b) 
A depiction or sample of the means of sign attachment or mounting to the building.
(c) 
Materials, color samples, lettering samples, and finishes.
(6) 
Any other information and documentation the Planning Division or Code Enforcement Division considers necessary.

§ 148-10 Hearing and action on application.

A. 
Hearing. Prior to issuance or denial of a certificate of appropriateness required under § 148-8A(1) through (4) of this chapter, the Commission shall conduct a public hearing on the application. In addition, the Commission may, at the request of the applicant or if the Commission deems it necessary, conduct a public hearing on an application for a certificate of appropriateness under § 148-8A(5) of this chapter.
[Amended 1-28-1980]
B. 
Notice. If a public hearing is to be conducted on any application for a certificate of appropriateness, the Planning Division shall take such action as may be reasonably required to inform, by United States mail, the applicant, all persons owning property abutting and/or within 100 feet of the exterior boundaries of the real estate under consideration and all such other persons as the Commission may deem appropriate and shall give such persons an opportunity to be heard. For purposes of the notice required hereunder, the owners of property shall be considered to be those against whom taxes were assessed on the prior April 1. Failure of any person owning property within said 100 feet to receive notices provided herein shall not necessitate another hearing or invalidate any action by the Commission. All meetings of the Commission shall be publicly announced, open to the public and have a previously available agenda. Public notice shall be provided prior to any special meetings of the Commission.
[Amended 12-30-1985 by Ord. No. 86-22; 12-10-2012 by Ord. No. 13-025]
C. 
Approval. If the Commission determines that the proposed construction, reconstruction, alteration, moving or demolition is appropriate, it shall direct the Planning Division to issue a certificate of appropriateness. The Planning Division shall forward copies of the certificate to the applicant and to the Code Enforcement Officer for issuing of necessary permits.
[Amended 12-10-2012 by Ord. No. 13-025; 4-27-2015 by Ord. No. 15-114; 1-9-2017 by Ord. No. 17-056]
(1) 
If approved, the proposed construction, reconstruction, alteration, moving or demolition must be begun within six months of approval and completed within 12 months of approval, unless the Commission sets other time limits. An extension or extensions of up to one year in total length may be granted as a minor revision under § 148-11.
(2) 
Within two weeks of completion, the applicant shall submit to the Planning Division photos of the completed construction, reconstruction, alteration, moving or demolition.
D. 
Disapproval. If the Commission determines that a certificate of appropriateness should not be issued, it shall place upon its record the reasons for such determination and shall forthwith return the application to the Planning Division, who shall notify the applicant of such determination, furnishing him or her with an attested copy of the reasons therefor and the recommendation, if any, as appearing in the records of the Commission.
[Amended 12-10-2012 by Ord. No. 13-025]

§ 148-11 Minor changes and revisions.

[Amended 7-25-1983 by Ord. No. 83-264; 12-10-2012 by Ord. No. 13-025; 4-27-2015 by Ord. No. 15-114; 1-9-2017 by Ord. No. 17-056; 9-11-2017 by Ord. No. 17-308]
A. 
Notwithstanding § 148-8 above, minor changes, revisions to work for which a certificate of appropriateness has been issued, or building signage (new or replacement) may be permitted by the Code Enforcement Officer and Planning Officer without referral to the Historic Preservation Commission subject to the following conditions:
(1) 
Submission of an application to the Staff Coordinator setting forth the proposed change or revision in sufficient detail to permit adequate review of the same, 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.
(2) 
Determination by the Code Enforcement Officer, Planning Officer and the Chair of the Historic Preservation Commission (or, in his or her absence, the Vice Chair or, in both their absences, the senior member of the Commission in time of service) that the proposed change constitutes a minor change or revision and does not require Commission approval.
(3) 
If the application for minor change or revision is not approved or denied within 45 days of it having been submitted to the Staff Coordinator, then it is deemed denied.
B. 
For the purposes of this section, a "minor change or revision" is one which does not materially alter or affect the historical and/or architectural character of a building or structure classified as an historic landmark, a building or structure located in any historic district, any part of such building or structure or any appurtenances related to such buildings or structures.

§ 148-12 Appeals.

[Amended 1-13-1997 by Ord. No. 97-59; 1-9-2017 by Ord. No. 17-056]
An appeal from any final decision of the Commission, or a final decision regarding a minor revision under § 148-11, may be taken by any party to the Board of Appeals. The appeal procedure shall conform to the procedure set forth in Chapter 23, Article I, of the Code of the City of Bangor.

§ 148-13 Evaluation standards.

[Amended 7-11-1977; 9-28-1987 by Ord. No. 87-339; 6-13-1988 by Ord. No. 88-241; 2-10-2003 by Ord. No. 03-53]
The standards and requirements contained in this section and the Secretary of the Interior's Standards for Rehabilitation (1990 Edition) and the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 Edition) shall be used in review of applications for certificates of appropriateness.
A. 
Reconstruction, alterations and maintenance. A building or structure classified as an historic landmark or a building or structure located in an historic district, or any part thereof, or any appurtenance related to such structures, including but not limited to walls, fences, light fixtures, steps, paving and signs, shall not be reconstructed, altered or maintained, and no certificate of appropriateness shall be issued for such actions, unless they will preserve or enhance its historical and architectural character.
B. 
Demolition or removal.
(1) 
An historic landmark or any building or structure in an historic district, or any appurtenance thereto, shall not be demolished or moved and a certificate of appropriateness shall not be approved until either:
(a) 
In an historic district, such building or structure has been identified by the Commission as incompatible with the historic district in which it is located; or
(b) 
The property owner can demonstrate that it is incapable of earning an economic return on its value in its present location as appraised by a qualified real estate appraiser.
(2) 
If such a demonstration can be made, issuance of a certificate for movement or demolition shall be delayed for a period of 180 days. Such time period shall commence when an application for certificate and the statement of sale, as outlined below, have been filed with the Commission.
(3) 
Notices shall be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice shall be published in a newspaper of general local circulation at least three times prior to demolition, the final notice of which shall be not less than 15 days prior to the date of the permit, and the first notice of which shall be published no more than 15 days after the application for a permit to demolish is filed. Prior to the issuance of such certificate for removal, the owners shall stipulate that the proper notices as required have been posted, that the property was properly offered for sale, that there have been no bona fide offers made and that no contract for sale has been executed with interested parties.
(4) 
The owner shall, for the period of time set forth and at a price reasonably related to its face market value, make a bona fide offer to sell such building or structure and the land pertaining thereto to any person, firm, corporation, government or agency thereof or political subdivision or agency thereof which gives reasonable assurance that it is willing to preserve and restore the building or structure and the land pertaining thereto. Prior to making such offer to sell, an owner shall first file a statement with the Historic Preservation Commission identifying the property, the offering price and the date the offer to sell shall begin. The time period set forth in this Subsection B shall not commence until such statement has been filed.
(5) 
The purpose of this Subsection B is to further the purposes of this chapter 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, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such buildings.
C. 
Construction of new buildings and structures in historic district. The construction of a new building or structure within an historic district shall be generally of such design, form, proportion, mass, configuration, building material, texture, color 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 the area.
D. 
Visual compatibility factors for new construction and additions. Within historic districts, historic sites or historic landmarks, all new construction and all new additions shall be visually related generally in terms of the following factors:
(1) 
Height. The height of proposed buildings shall be compatible with adjacent buildings.
(2) 
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings, structures and open spaces where it is visually related.
(3) 
Proportion of openings within the facade. The relationship of the width of the windows to the height of windows and doors in a building shall be visually compatible with that of windows and doors of buildings to which the building is visually related.
(4) 
Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with that of the buildings to which it is visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with that prevailing in the area to which it is visually related.
(6) 
Rhythm of entrance and/or porch projection. The relationship of entrances and porch projections to sidewalks of a building shall be visually compatible with that of buildings to which it is visually related.
(7) 
Relationship of materials and textures. The relationship of the materials and textures of the facade of a building shall be visually compatible with that of the predominant materials used in the buildings to which it is visually related.
(8) 
Roof shapes. The roof shape of a building shall be visually compatible with that of the buildings to which it is visually related.
(9) 
Scale of building. The size of the building, the building mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with those characteristics of buildings and spaces to which it is visually related.
(10) 
Directional expression of front elevation. A building shall be visually compatible with the building, squares and places to which it is visually related in its directional character, whether this shall be vertical character, horizontal character or nondirectional character.
E. 
Standards for renovations, alterations and repairs of existing buildings, structures and appurtenances thereof.
(1) 
Within historic districts, historic sites and historic landmarks, the Commission shall use the standards listed below in the evaluation of an application for a certificate of appropriateness for all renovations, alterations and repairs of existing buildings, structures and appurtenances thereof:
(a) 
Every reasonable effort shall be made to provide a compatible use which will require minimum alteration to the structure and its environment.
(b) 
Rehabilitation work shall not destroy the distinguishing qualities nor character of the structure and its environment. The removal or alteration of any historic material or architectural features should be held to a minimum.
(c) 
Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on physical or pictorial evidence rather than on conjectural designs or the availability of different architectural features from other buildings.
(d) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize historic structures and often predate the mass production of building materials shall be treated with sensitivity.
(e) 
Changes which may have taken place in the course of time are evidence of the history and development of the structure and its environment, and these changes shall be recognized and respected.
(f) 
All structures shall be recognized as products of their own time. Alterations to create an earlier appearance shall be discouraged.
(g) 
Contemporary design for additions to existing structures shall be encouraged if such design is compatible with the size, scale, material and character of the neighborhood, structures or its environment.
(h) 
Wherever possible, new additions or alterations to structures shall be done in such a manner that if they were to be removed in the future the essential form and integrity of the original structure would be unimpaired.
(2) 
In determining compliance with these standards, the Commission shall be guided, although not bound, by the Guidelines for Applying the Secretary of the Interior's Standards for Rehabilitation and the Secretary of the Interior's Standards for the Treatment of Historic Properties, copies of which are on file in the Code Enforcement Office in City Hall.
F. 
Exceptional circumstances.
(1) 
The Commission may issue a certificate of appropriateness where the standards otherwise set forth in this section are not met but where the Commission determines that failure to issue the certificate would result in undue hardship to the owner of the property. Before the Commission may issue a certificate under this subsection, the records must show the following:
(a) 
The property cannot yield a reasonable economic return or the owner cannot make any reasonable use of the property;
(b) 
The plight of the owner is due to exceptional or unique circumstances and not to the general applicability of this chapter; and
(c) 
The conditions or circumstances which constitute the hardship were not caused or created by the property owner after an amendment to § 148-5 of this chapter by which the property became subject to this chapter.
(2) 
For purposes of Subsection E(1), "reasonable economic return" shall not be construed to mean a maximum return, and "any reasonable use" shall not be construed to mean the highest and best use.

§ 148-14 Maintenance.

A. 
Ordinary maintenance permitted; public safety.
(1) 
Ordinary maintenance permitted. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature in an historic district or of any historic landmark which does not involve a change in the design, material or outer appearance thereof.
(2) 
Safety. Nothing in this chapter shall prevent the construction, reconstruction, alteration, restoration or demolition of any feature which the Code Enforcement Officer shall certify is required by the public safety because of an unsafe or dangerous condition.
[Amended 9-14-1998 by Ord. No. 98-339]
B. 
Maintenance and repair required. Neither the owner of nor the person in charge of a structure within an historic district or of an historic landmark shall permit such historic structure or historic landmark to fall into a state of disrepair which may result in the deterioration of any exterior appurtenances or architectural feature so as to produce or tend to produce, in the judgment of the Commission, a detrimental effect upon the character of the historic district as a whole or the life and character of the historic landmark or structure in question or which could lead to a claim that demolition is necessary for public safety, including but not limited to:
(1) 
The deterioration of exterior walls or other vertical supports.
(2) 
The deterioration of roofs or other horizontal members.
(3) 
The deterioration of exterior chimneys.
(4) 
The deterioration or crumbling of exterior plaster or mortar.
(5) 
The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.
(6) 
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

§ 148-15 Violations and penalties.

[Amended 3-26-1990 by Ord. No. 90-118]
Penalties for violations of this chapter shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense. The minimum penalty for specific violation of this chapter shall be $100 and the maximum penalty shall be $2,500; provided, however, that the maximum penalty may exceed $2,500 but shall not exceed $25,000 when it can be shown that there has been a previous conviction of the same party within the past two years for violations of the same chapter provision.