[HISTORY: Adopted by the City Council of
the City of Bangor as Ch. VII, Art. 4; amended in its entirety 5-29-2019 by Ord. No. 19-177. Subsequent amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act that changes an historic landmark, site, or building
or structure in an historic district, including but not limited to
modifying, rebuilding, reconstructing, rehabilitating, relocating,
replacing, or restoring structures or their features. For the purpose
of this definition, "features" shall include siding materials, roofing
materials, door and window sash, and other integral decorative elements,
such as, but not limited to, cornices, brackets, window architraves,
doorway pediments, railing, balusters, columns, cupolas, cresting
and roof decorations.
Generally of comparable scale, height, proportion, massing,
and other design characteristics.
Generally strengthening or reinforcing the qualities that
give an historic district, structure, or feature its cultural, historic,
architectural or archeological significance.
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.
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.
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.
An alteration or revision to an existing certificate of appropriateness
which does not materially alter or affect the historical and/or architectural
character of a building or structure classified as an historic landmark,
building or structure located in any historic district, any part of
such building or structure or any appurtenances related to such buildings
or structures.
Art that is installed to be visible from a public space and
which does not contain characteristics of advertising, or identify
or draw attention to a particular business, product, or service.
The Director of Community and Economic Development or their
designee.
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, piers and floats, fences, and retaining walls. For the purposes of this chapter, a "sign" as defined in § 260-1 shall not be considered a structure.
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.
Historic district, historic sites or historic landmarks shall be established or amended 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 or amendment 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 public
hearing on 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
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.
(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.
(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.
(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.
(7)
Great Fire of 1911 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 Franklin 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.
(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.
(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 (aka "Thomas
Hatch Block"), more specifically described on City of Bangor Tax Assessor's
Map 42, Lot 117, as a part thereof.
B.
Historic sites. (Reserved)
C.
Historic landmarks.
(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 Kellogg 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 Kellogg 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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(34)
Elmar T. Boyd House. The land and buildings located at 251 French
Street, City of Bangor Tax Assessor's Map 48, Lot 140.
(35)
The Carr-Wing House. The land and buildings located at 412 State
Street, City of Bangor Tax Assessor's Map 54, Lot 224.
(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.
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.
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.
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.
D.
Such Commission shall elect annually a Chair and Vice Chair from
among its own membership. All records of the Commission 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.
G.
The Commission shall meet at least quarterly and shall, each year,
prepare and submit to the City Council an annual report.
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.
I.
In addition to the other duties and responsibilities imposed by this
chapter and by law, the Commission shall:
(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.
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.
The Historic Preservation Commission shall protect historic
landmarks, historic sites and historic districts by the issuance of
certificates of appropriateness, approvals of minor alteration or
revision, and staff approvals.
A.
Certificate of appropriateness.
(1)
When required. A certificate of appropriateness issued by the Commission
shall be required only for one of the following:
(b)
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.
(c)
Demolition of an historic landmark or of any building in an
historic district.
(d)
Moving of an historic landmark or any building in an historic
district.
(2)
Application contents. The application shall contain the following
information and documentation:
(a)
For all applications:
[1]
General information, consisting of the applicant's name and
address and interest in the subject property, the owner's name and
address, if different from the applicant's, the map and lot and address
or location of the subject property, and the present use and zoning
classification of the subject property.
[2]
A brief description of the construction, reconstruction, remodeling,
alteration, maintenance, demolition or moving requiring the issuance
of a certificate of appropriateness.
[3]
Plans and exterior elevation drawings to scale and with sufficient
detail to show all proposed alterations, and their relation to the
exterior appearance and architectural design of the building.
[4]
A description of the materials which will be used, including
information on finishes. If available, detailed cut sheets from the
manufacturer shall be included. Material samples may also be requested.
[5]
Photographs of the building involved and of adjacent buildings,
marked to indicate the location of the proposed alteration. Additionally,
a photograph of the entire facade for each side of the building that
is being altered is required.
[6]
Any other information and documentation the Planning Division
or Code Enforcement Division considers necessary.
(b)
Additional requirements for certain applications.
[1]
Replacement of facade, roofing, doors, windows, and other site
or building appurtenances, including fencing, bollards, railings,
gutters, lighting, mechanicals, or similar:
[a]
Methods of attachment or installation.
[2]
Installation of or alteration to site improvements and structures:
[a]
A site plan indicating improvements affecting appearance,
such as walls, walks, terraces, accessory buildings, fences, signs
and other elements.
[3]
Construction of new buildings or 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 alteration 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)
Process.
(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 § 148-8A(2), that the fee required under § 109-1 has been paid, and that the Code Enforcement Officer or their designee has determined that the alterations 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 action. Once an application is determined to be complete,
the Planning Division shall place the application on an 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)
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.
(d)
Hearing. Prior to issuance or denial of a certificate of appropriateness required under § 148-8A, the Commission shall conduct a public hearing on the application.
(e)
Approval. An affirmative vote of four members shall be required
to issue a certificate of appropriateness. If the Commission determines
that the proposed alteration, construction, moving, or demolition
is appropriate by a vote of four members, 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.
[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 alteration or revision under § 148-8B.
[2]
After completion of the project, or after 12 months from the
issuance of a certificate of appropriateness, 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 Commission's approval.
(f)
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 them with an attested copy of the
reasons therefor and the recommendation, if any, as appearing in the
records of the Commission.
B.
Minor alteration or revision.
(1)
When required. Approval of minor alteration or revision is required
when:
(2)
Application contents. The applicant shall submit an application to the Staff Coordinator setting forth the proposed alteration 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.
(a)
Minimum requirements for all applications:
[1]
General information, consisting of the applicant's name and
address and interest in the subject property, and the owner's name
and address, if different from the applicant's.
[2]
A brief description of the proposed alteration.
[3]
A description of the materials which will be used, including
information on finishes. If available, detailed cut sheets from the
manufacturer shall be included. Material samples may also be requested.
[4]
Photographs of the building involved and of adjacent buildings,
marked to indicate the location of the proposed alteration. Additionally,
a photograph of the entire facade for each side of the building that
is being altered is required.
[5]
As appropriate, plans and exterior elevation drawings, to scale
and with sufficient detail to show all proposed alterations and their
relation to the exterior appearance and architectural design of the
building.
[6]
As appropriate, a site plan which includes the buildings and
exterior features as they now exist, adjacent buildings, and proposed
alterations.
[7]
Any other information and documentation the Planning Division
or Code Enforcement Division considers necessary.
(3)
Process. Minor alterations or revisions, as defined herein, may be
permitted by the Code Enforcement Officer or their designee, Planning
Officer or their designee, and Chair of the Historic Preservation
Commission or their designee without referral for review at a meeting
of the Historic Preservation Commission. If the Commission Chair is
absent, the Vice Chair, or, in both their absences, the senior member
of the Commission in time of service may participate in their place.
(a)
Staff review. An application for a minor alteration or revision 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 review, in that it meets the requirements of § 148-8B(2), that the fee required under § 109-1 has been paid, and that the Code Enforcement Officer or their designee has determined that the work 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)
Determination. In determining whether or not proposed work constitutes a minor alteration or revision, the Code Enforcement Officer, Planning Officer and the Commission Chair (or their designees) shall apply the evaluation standards set forth in § 148-9. If the application for minor alteration or revision is not approved or denied within 45 days of it having been submitted to the Staff Coordinator, then it is deemed denied.
(c)
Approval. If the Code Enforcement Officer, Planning Officer
and Commission Chair (or their designees) each determine that the
proposed alteration is minor in scope and meets the evaluation standards
of this chapter, approval of minor alteration or revision shall be
granted. The Staff Coordinator shall forward copies of the approval
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 the
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.
(d)
Disapproval. If any one of the Code Enforcement Officer, Planning
Officer and Commission Chair (or their designee), determine that the
proposed alteration is either not minor in scope, or not appropriate,
or both, the application for minor alteration or revision shall not
be approved.
C.
Staff approval.
(1)
When required. Staff approval is required for:
(a)
Installation or alteration to any sign located on the premises
of an historic landmark or historic site, or inside an historic district.
(2)
Application contents.
(a)
For applications involving signs:
[1]
General information, consisting of the applicant's name and
address and interest in the subject property, and the owner's name
and address, if different from the applicant's.
[2]
A scale drawing of the sign.
[3]
A depiction or sample of the means of sign installation, including
attachment or mounting to a building.
[4]
Materials, colors, lettering, and finishes.
[5]
Any other information and documentation the Planning Division
or Code Enforcement Division considers necessary.
(3)
Process.
(a)
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.
(b)
Determination. In determining whether or not proposed work receives staff approval, the Code Enforcement Officer or their designee, and the Planning Officer or their designee shall apply the evaluation standards set forth in § 148-9. Additionally, all signs must comply with the regulations contained in Chapter 260, Signs.
(c)
Approval. If the Code Enforcement Officer or their designee
and the Planning Officer or their designee each determine that the
proposed work does not significantly impact the historic nature or
appearance of the property in question, 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.
(d)
Disapproval. If the Code Enforcement Officer, or their designee,
or the Planning Officer, or their designee, determine that the proposed
alteration is either not minor in scope, or not appropriate, or both,
the application for staff approval shall not be approved.
D.
Exempt activities. The following activities are specifically exempt
from requiring approval for certificate of appropriateness, minor
alteration or revision, or staff approval under this section:
(1)
Interior alterations, except former exterior facades.
(3)
Planting, pruning, or removal of plants, trees, or shrubs.
(4)
Addition of new accessory buildings under 200 square feet.
(5)
Temporary buildings, structures, or appurtenances, provided they
are not in place for more than 90 days in a twelve-month period.
(6)
Alteration to or addition of mailboxes, flower boxes, flags, or other
similar minor decorative features.
(7)
Change in paint color.
(8)
Alteration or replacement of existing non-historic gutters, downspouts,
storm windows, conduit, venting, or other non-original features which
are required for the operation and physical health of the building
and do not significantly alter the building or compromise historic
features or character-defining elements on the structure.
(9)
Public art, when installed on public property.
(10)
Public art, when installed on private property, provided:
(a)
The art feature and its means of installation will not cause
damage to any historic site, landmark, structure or property.
(b)
The art feature and its means of attachment do not obscure or
visually degrade important character-defining features of an historic
site, landmark, or building or structure in an historic district.
(c)
The art feature is in accordance with all other relevant City
codes and policies.
E.
Approval precedent to other permits.
(1)
In any historic district and with respect to any historic site or
historic landmark, no land development permit, building permit, or
sign permit shall be issued by the City for any construction, alteration
or demolition until a corresponding approval has been issued under
this chapter.
The standards and requirements contained in this section shall
be used in review of applications for certificates of appropriateness,
minor alterations or revisions, and staff approvals.
A.
In general. 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 altered, constructed, moved, or demolished, and
no certificate of appropriateness shall be issued for such actions,
unless they will preserve or enhance its historical and architectural
character.
B.
Standards for renovations, alterations and repairs of existing buildings,
structures and appurtenances thereof.
(1)
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.
(2)
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 shall
be avoided wherever possible.
(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 finish. 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 shall not be damaged or destroyed,
wherever possible.
(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 those changes which have acquired historic significance in their
own right shall be retained and preserved wherever possible.
(f)
All structures shall be recognized as products of their own
time. Alterations to an historic building to create an earlier appearance
shall not be undertaken, except when qualifying as restoration under
the Secretary of the Interior's Standards for Restoration.
(g)
Contemporary design for additions to existing structures shall
only be approved if such design is compatible with the size, scale,
material and character of the neighborhood, structures or its environment.
(h)
Mechanical equipment such as heat pumps, solar panels, communication
devices, HVAC units, or similar shall be located in such a way as
to minimize its visual impact. Said equipment shall be screened, if
possible, with vegetation or suitable elements of a permanent nature,
finished to blend with the rest of the building. Where such screening
is not feasible, equipment shall be installed in a neat, presentable
manner and, if possible, shall be painted to minimize its visibility.
(i)
Wherever possible, all 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.
C.
Construction of new buildings and structures in historic district,
and all appurtenances thereto.
(1)
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, and location on a lot as
will be compatible with other buildings in the historic district and
with adjacent streets and open spaces and in keeping with the area.
(2)
All new construction and all new additions to an historic landmark
or any building or structure in an historic district shall be compatible
with the surrounding historic district and building or structure which
it is altering, in terms of the following factors:
(a)
Building height.
(b)
Proportion of the width of the building to the height of the
front elevation.
(c)
Proportion of the width of the windows to the height of windows
and doors.
(d)
Rhythm and relationship of solids to voids in the front facade
of a building.
(e)
Rhythm and relationship of the building to the open space between
it and adjoining buildings.
(f)
Rhythm and relationship of entrances and porch projections to
sidewalks and streets.
(g)
Materials and textures of the facade of a building.
(h)
Roof shapes.
(i)
Scale of the building, specifically the size of the building
and the mass of the building in relation to open spaces, windows,
door openings, porches and balconies.
(j)
Directional expression of front elevation, such as vertical
or horizontal.
(3)
Mechanical equipment such as heat pumps, solar panels, communication
devices, HVAC units, or similar shall be located in such a way as
to minimize its visual impact. Said equipment shall be screened, if
possible, with vegetation or suitable elements of a permanent nature,
finished to blend with the rest of the building. Where such screening
is not feasible, equipment shall be installed in a neat, presentable
manner and, if possible, shall be painted to minimize its visibility.
(4)
All new construction or additions on an historic landmark or any
building or structure in an historic district 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.
D.
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 not contributing to 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 D shall not commence until such statement has been filed.
E.
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.
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.
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.
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.
An appeal of any final decision regarding certificate of appropriateness, minor alteration or revision, or staff approval under § 148-8 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.
