[Added 4-16-2013 by Ord. No. 2013.25. Amendments noted
where applicable.]
This ordinance is adopted by the municipal officers of the City
of Biddeford, Maine, pursuant to the authority granted under 30-A
M.R.S.A. § 3001 and § 3007.
A.
Purpose.
The purpose of this ordinance is to promote the educational, cultural,
economic and general welfare of the City of Biddeford by providing
a legal framework within which the residents of the City can protect
the historic and architectural heritage of historically significant
areas, landmarks and sites while accepting compatible new construction.
B.
Intent.
The intent of this ordinance is to create a legal mechanism to further
the above-mentioned purpose and to:
1.
Protect,
preserve and enhance the outward appearance and architectural features
of structures within designated historic districts and of designated
historic landmarks.
2.
Protect
and enhance neighborhood character.
3.
Enhance
the economic welfare of the City by stabilizing and improving the
values of structures and properties within designated historic districts.
4.
Protect
and enhance the attractiveness of the City to its home buyers, home
owners, residents, tourists, visitors, businesses and shoppers.
5.
Foster
civic pride in the City's history and development patterns as represented
in such designated historic districts and landmarks.
6.
Apply
design standards in a reasonable and flexible manner to prevent the
unnecessary loss of the community's historical features and to ensure
compatible construction and rehabilitation in historic districts while
not stifling change and development or forcing modern recreations
of historic styles.
7.
Prevent
the demolition or removal of significant historic buildings or structures
within designated historic districts or of designated historic landmarks.
8.
Preserve,
protect and enhance the essential character of designated historic
districts by protecting relationships of groups of buildings and structures.
9.
Accept
new buildings and structures in designated historic districts, which
are designed and built in a manner which is compatible with the character
of the district.
10.
Encourage the use of environmentally sustainable practices in building
construction and renovations, while supporting the purpose of this
ordinance being historic preservation.
[Amended 8-3-2021 by Ord. No. 2021.72]
As used in this article, the following terms shall have the
meanings indicated:
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this article as a reviewable action, including, without limitation,
the repair, reconstruction, demolition or relocation of any structure
or object or any part of a structure or object.
The word altered includes "rebuilt," "reconstructed," "rehabilitated,"
"restored," "removed" and "demolished."
A person who submits an application for issuance of a certificate
of appropriateness.
A form submitted for approval of alteration, construction,
demolition or removal that requires issuance of a certificate of appropriateness.
Refers to those changes in historic properties, landmarks,
buildings, structures or sites within historic overlay zones, or sites
or landmarks, which are not incongruous with what is historically
and architecturally significant as determined by the Commission or
its designee.
Either the Commission or its designee as provided for in Section 8 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
An archaeological site or bounded geographical location containing
the physical evidence of previous human occupation, including but
not limited to structures, artifacts, graphics (paintings or drawings)
and discarded material, including plants or animals.
[Added 8-3-2021 by Ord. No. 2021.72]
A certificate issued by the Commission or its designee evidencing
approval of specific plans for alteration of a structure or construction
on a site in accordance with this article.
A certificate issued by the Commission or its designee evidencing
a hardship variance approved by the Board of Appeals in accordance
with Section 13E of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
A certificate issued by the Commission or its designee evidencing
a determination that specific plans for alteration of a structure
or construction on a site do not require approval under this article.
The Commission acting as the Historic Preservation Commission established in Section 8 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
The adding to a structure by an addition, or the erection
or placement of any new structure on a lot or property.
A classification applied to a site, structure or object within
an historic district signifying that it contributes generally to the
qualities that give the historic district cultural, historic, architectural
or archeological significance as embodied in the criteria for designating
an historic district, but without being itself a landmark. See Section
19 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72[1]]
The Planning and Development Department.
[Amended 8-3-2021 by Ord. No. 2021.72]
The parts, elements, and general arrangement of the exterior
of a building or structure, including but not limited to:
[Amended 8-3-2021 by Ord. No. 2021.72]
Important in or contributing to history.
[Amended 8-3-2021 by Ord. No. 2021.72]
Any place or area which includes or encompasses such historic landmarks, buildings, signs, appurtenances, structures or objects as may be designated within this ordinance in Section 5 as appropriate for historic 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 article. An
historic landmark does not necessarily need to be located within an
historic district.
[Amended 8-3-2021 by Ord. No. 2021.72[2]]
Any exterior alteration that does not qualify as a minor
repair.
[Added 8-3-2021 by Ord. No. 2021.72]
The perception of the general shape and form as well as size
of a building.
[Added 8-3-2021 by Ord. No. 2021.72]
Exterior alterations that do not change materials, form,
style, or overall appearance, and are only necessary to correct deficiencies
resulting from normal wear and tear.
[Added 8-3-2021 by Ord. No. 2021.72]
Any structure which is neither a contributing structure within
a district nor a landmark and is not identified as contributing in
Section 19 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
A material thing of functionality, aesthetic, cultural, or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment. The term "object" is used to
distinguish from buildings and structures those constructions that
are primarily artistic in nature or are relatively small in scale
and simply constructed.
[Amended 8-3-2021 by Ord. No. 2021.72]
Acts of maintenance or repair which do not include a change
in the design, material or outer appearance of a structure, including,
without limitation, repainting, replacement of materials or windows
of the same scale, texture and color, and landscaping other than within
an historic landscape district.
The person or persons holding record title to the building,
site or property; provided, however, the last previous tax roll in
the records of the City Assessor's office may be relied upon as showing
record ownership in the absence of substantial evidence to the contrary.
Land and improvements identified as a separate lot for purposes
of subdivision, site plan, or zoning regulation.
Any removal or relocation of a structure on its site or to
another site.
Any act which returns a structure or a feature of a structure
to a prior state of historic significance.
Characterized by the regular recurrence of strong and weak
elements.
The size or apparent size of an object seen in relation to
other objects, people, or its environment or format.
[Added 8-3-2021 by Ord. No. 2021.72]
[1]
Editor's Note: This ordinance also repealed the former definition
of "contributing structure," which immediately followed this definition.
[2]
Editor's Note: This ordinance also repealed the former definitions
of "historic significance" and "landmark," which immediately followed
this definition.
[Amended 8-3-2021 by Ord. No. 2021.72]
This ordinance shall apply to exterior alterations of buildings, structures, and exterior architectural features, as identified in Section 10A, either located within a designated historic district or designated as an historic landmark in Section 5 of this ordinance.
The following described lands, buildings, structures, or areas
of the City of Biddeford are designated as historic districts or historic
landmarks:
A.
Districts:
1.
Downtown
Historic District, as defined by the MSRD-1 Zone.
2.
Mill
Area Historic District, as defined by the MSRD-3 Zone, except for
those lands within MSRD-3 located northwest of Elm Street.
[Amended 8-3-2021 by Ord. No. 2021.72]
3.
Mixed
Residential Historic District, as defined by the MSRD-2 Zone as depicted
on the Official Zoning Map in effect on June 9, 2011.
[Amended 4-2-2019 by Ord. No. 2019.21]
B.
Landmarks:
[Amended 3-15-2022 by Ord. No. 2022.13]
[Added 8-3-2021 by Ord. No. 2021.72[1]]
The historic districts, historic sites, and historic landmarks
established in accordance with this article shall have one or more
of the following characteristics:
A.
History of
Biddeford. Structures, buildings or sites at which events have occurred
that contribute to and are identified with or significantly represent
or exemplify the broad cultural, political, economic, military, or
social history of Biddeford or the nation, including sites or buildings
at which visitors may gain insight or see examples of particular items
or of larger patterns in the North American heritage.
B.
Persons. Structures,
buildings, or sites associated with important historic persons.
C.
Architecture.
Structures or structural remains and sites embodying examples of architectural
types or specimens valuable for study of a period, style or method
of building construction, of community organization and living; landscaping;
a single notable structure; or a site representing the work of a master
builder, master designer, architect or landscape architect.
D.
Visual continuity.
Structures or buildings contributing to the visual continuity of the
historic district.
E.
National Register.
Those sites or areas listed on or eligible for listing on the National
Register of Historic Places or as a National Historic Landmark.
[Added 8-3-2021 by Ord. No. 2021.72[1]]
A.
Amendment process.
Any person, including acting members of the Historic Preservation
Commission, seeking to add or expand historic districts, sites, or
landmarks shall request the amendment in writing to the Commission.
Any proposal by the Council or Planning Board shall be referred to
the Commission for comment before Council action. After receiving
the Commission's recommendation concerning the request, the City Manager
shall place the matter on the agenda of the City Council. Any applications
or designation of buildings, structures, sites and districts shall
be in writing.
B.
Application
requirements. Applications shall be in writing and shall include the
following, as appropriate:
1.
For individual
properties, a letter of consent from the property owner.
2.
A concise
description of the physical elements, qualities, architectural style,
period and historical significance represented by the building, structure
or site, including a consideration of scale, materials, workmanship
and spatial qualities, as relevant.
3.
A concise
statement of how the building, structure or site meets the review
criteria of this article.
4.
Exterior
photographs of the building or structure, and/or a site map, illustrating
significant details. In addition, the Commission may request photographs
of interior features of particular historic significance. These interior
photographs may be provided by the applicant on a voluntary basis
and are not required submissions.
a.
A concise
statement of the physical elements which justify making this area
an historic district and a description of building types and architectural
styles and periods represented.
b.
An explanation
of the proposed boundaries of the district.
c.
Details
on the structures that do not contribute to the significance of the
district.
d.
A map showing
the location of all district structures.
C.
Studies and
recommendations. Before making its recommendation concerning the proposed
establishment or expansion of an historic district, historic site
or historic landmark, the Commission may conduct studies and research
on the proposal. The Commission shall make a report to the City Manager
on every request received within six months. Drafts of the report
shall also be mailed to the Maine Historic Preservation Commission
for review.
D.
Public hearing.
Prior to making a recommendation concerning the proposed establishment
or expansion of an historic district, historic site, or historic landmark,
the Commission shall hold a public hearing on the request, after due
notice is provided at least seven days prior to the hearing in a newspaper
of general local circulation. Written notice of the proposal shall
be given to the applicant, owners of all property to be included within
the proposed designation and property within a 200-foot radius of
the property under consideration.
E.
Final report.
Not later than 30 days after the public hearing, the Commission shall
submit a final report to the City Council with the Commission's recommendation.
F.
Action by the
City Council. After receipt of the Commission's recommendations, as
provided above, the City Council shall consider said proposed designation
and approve or disapprove the request. Within 20 days after the designation
of any historic district, historic site or historic landmark, the
owner of each property so designated shall be given written notice.
G.
From the time of nomination until the Historic Preservation Board acts upon such nomination, a site, structure, object or area nominated but not yet designated as a landmark or district shall be subject to all of the provisions of Section 12 governing demolition, to the same extent as if designated. Upon final action of the Historic Preservation Board recommending designation, the site, structure, object, or area nominated shall be subject to all of the protections of this article until a final decision on designation by the City Council becomes effective. If the City Council rejects designation or fails to designate a property, that property shall no longer be subject to the provisions of Section 14 of this article.
H.
Applicability
of this section. All land, buildings or structures within an historic
district are subject to the requirements of this article after a district
has been designated by the City Council. All historic sites and landmarks
are subject to the requirements of this article after they have been
so designated by the City Council.
A.
Membership.
1.
The
Board shall consist of seven members, five voting members and two
associate members, each a resident of the City of Biddeford. Each
member shall be nominated by the Mayor, confirmed by the City Council,
for a three year-term. The Mayor shall have the discretion of appointing
members and associate members to the Commission with terms expiring
after two years but less than three years for the purpose of staggering
appointments throughout a calendar year.
2.
Associate
members may be made voting members of the Board upon the retirement
or no appointment of a voting member. Associate members are expected
to participate in all hearings and discussions. They shall vote only
if the Chair appoints an associate to act in place of a regular member
who is absent or has been disqualified because of conflict of interest.
3.
When
there is a permanent vacancy, the Mayor shall nominate, with confirmation
by the City Council, a new member to serve for the remainder of the
unexpired term. Vacancies shall be filled within 60 days.
[Amended 8-3-2021 by Ord. No. 2021.72]
4.
No
serving municipal officer or official of the City of Biddeford shall
serve as a member or associate member of the Board.
B.
Member
qualifications.
1.
All
members of the Commission shall be residents of the City of Biddeford.
2.
Appointments
shall be made on the basis of demonstrated interest, knowledge, ability,
experience and desire to promote historic preservation in the City
of Biddeford. To the extent possible, members should have a background
in architecture, historic preservation, planning, engineering, building
construction, or a combination thereof.
3.
Ideally
a member of the Biddeford Historical Society would be a member, as
well as a resident of one of the Historic Districts designated by
this ordinance.
C.
Removal
of an Historic Preservation Commission member.
1.
Members
of the Commission may be removed for cause by the City Council. Cause
may include, but not necessarily be limited to, the following reasons:
a.
A member is no longer a resident of the City of Biddeford;
b.
A member is absent from meetings without good cause; or
c.
A member conducts himself/herself in a manner that is inconsistent
with the official position of the Historic Preservation Commission,
such as consistently having conflicts of interest or displaying unprofessional
behavior toward applicants, City employees, or members of the public.
2.
Removal
action may be initiated by the Mayor or the City Council; however,
any member proposed for removal shall be given written notice and
shall have an opportunity to be heard prior to final action.
D.
Commission
officers.
1.
The
Commission shall elect from its voting membership a Chair, Vice Chair,
and Secretary. Each officer shall be elected each January and shall
serve a term of one year.
2.
Elected
officers shall be responsible for the following:
a.
The Chair shall preside at all meetings and shall be responsible
for the scheduling of special meetings of the Commission as needed.
The Chair shall vote only in case of a tie.
b.
In the event the Chair is absent or has been recused due to conflict
of interest, the Vice Chair shall act as the Chair.
c.
Secretary: ensures that the records of meetings are accurate and
available for the Commission's review and reference.
E.
Staff.
The Commission shall be staffed by the Planning Department.
F.
Meetings.
1.
The
Commission shall conduct monthly meetings. Meetings shall convene
on the second Wednesday of each month, unless prior arrangement and
announcement has been made by the Commission.
2.
In
coordination with the Planning Department, the Chair may call special
meetings and workshops as needed.
3.
All
meetings of the Commission shall be open to the public. All meeting
agendas shall be posted at the same location in City Hall as Planning
Board agendas no less than seven days prior to the hearing. Materials
and records of the meetings shall be maintained and available for
public inspection in the Planning Department.
[Amended 3-5-2019 by Ord.
No. 2019.14]
4.
The
Commission shall adopt Roberts Rules of Order and may adopt rules
of procedure for the conduct of its business not inconsistent with
this article. The Commission shall allow for public comment at all
meetings on all applications, with a reasonable amount of time provided
to all who wish to speak. In cases where there are applications and
a number of those present wish to speak, the Commission may by motion
establish a time limit for public comment.
5.
Commission
meetings shall be called to order when a quorum of the voting members
is present. For this purpose a quorum shall be three voting members.
When a regular member of the Commission is unable to serve because
of conflict of interest, incapacity, absence or lack of confirmed
appointment to fill a permanent vacancy, an associate member shall
be designated to vote by the Chairman.
G.
Conflicts.
Any questions raised by any interested party of whether a particular
issue involves a conflict of interest sufficient to disqualify a member
from voting shall be decided by a majority of the members present
except the member who is being challenged.
The Historic Preservation Commission shall have the following
responsibilities:
A.
Issue certificates of appropriateness for eligible activities identified in Section 10 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
B.
Conduct
or administer an ongoing survey to identify historically and architecturally
significant areas, sites, structures, and landmarks.
C.
Make
recommendations for designation of landmarks or new or expanded districts
to the Planning Board.
D.
Advise
the City Council, Planning Board, and City Departments, as necessary,
regarding the protection of historic landmarks and districts.
E.
Review
and make recommendations regarding all national register proposals
for properties and districts within the City.
F.
Assist
in the development of relevant sections of the City's Comprehensive
Plan pertaining to historic resources and historic preservation.
G.
Educate
and inform the citizens and property owners in Biddeford concerning
the historic and architectural heritage of the City.
H.
To
engage in other activities in furtherance of the purposes of this
ordinance.
I.
Provide an
annual report of Commission activities to the Maine Historic Preservation
Commission.
[Added 8-3-2021 by Ord. No. 2021.72]
J.
Attend at least
one informational or educational meeting, when available, sponsored
by the Maine Historic Preservation Commission, pertaining to the work
and functions of the Commission or to historic preservation.
[Added 8-3-2021 by Ord. No. 2021.72]
K.
Establish written
guidelines for the preservation of designated local landmarks and
historic districts in decisions on requests for permits for new construction,
alterations, demolition, relocation, additions, or other actions affecting
listed landmarks and buildings within historic districts.
[Added 8-3-2021 by Ord. No. 2021.72]
A.
Historic
Preservation Commission review. The Historic Preservation Commission
shall protect historic districts and historic landmarks by the issuance
of certificates of appropriateness for certain activities in historic
districts and involving historic landmarks. Certificates of appropriateness
from the Commission are required for:
1.
Any change to the exterior appearance or to an exterior architectural
feature of any building or structure in an historic district that
requires a building permit or a sign permit from the Code Enforcement
Office and for any change to the exterior appearance or to an exterior
architectural feature of an historic landmark that requires either
a building permit or a sign permit from the Code Enforcement Office;
[Amended 8-3-2021 by Ord. No. 2021.72]
2.
New construction of a principal or accessory building or structure
visible from a public street where such a building or structure will
be located in an historic district;
3.
Demolition of an historic landmark or a building or exterior architectural
feature in an historic district;
[Amended 8-3-2021 by Ord. No. 2021.72]
4.
Moving of an historic landmark or any building in an historic district;
and/or
5.
Any change, except for 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, railings, balusters, columns, cupolas, and cresting
roof decorations.
[Amended 8-3-2021 by Ord. No. 2021.72]
6.
Improvement
projects and objects on contributing properties, such as lighting,
sidewalks, raised walkways, handicapped access ramps, paving, or curbing,
located beyond the right-of-way of any public street or way, but visible
from the street, and located within an historic district or affecting
any historic site or landmark.
[Added 8-3-2021 by Ord. No. 2021.72]
B.
Subcommittee
review. In order to process certificates of appropriateness more efficiently,
applications for minor alterations, temporary alterations, and the
installation or alteration of any exterior sign shall be reviewed
by a subcommittee consisting of the City Planner and the Chair of
the Historic Preservation Commission, or their respective designees,
rather than the Historic Preservation Commission, as follows:
1.
The subcommittee shall review the application under the standards
of Section 13 and approve the application, approve it with modifications
or deny it within 10 working days of receiving a complete application.
[Amended 8-3-2021 by Ord. No. 2021.72]
2.
No public hearings, meeting agenda postings, or abutter notices are
required for applications reviewed under this section.
3.
If the subcommittee has not acted on an application within 10 working
days the applicant may seek approval from the Commission instead.
Inaction by the subcommittee under this section does not constitute
approval or disapproval of the plan.
4.
If the applicant is not satisfied with the determination of the subcommittee,
the applicant shall be permitted to have the entire application reviewed
by the Commission. The subcommittee can, for any reason, forward any
application received under these provisions to the Commission for
review.
5.
For purposes of this section only, "temporary" is defined as either
a one-time occurrence that does not exceed 30 days or as an annual
occurrence that does not exceed one thirty-day period each year.
6.
The City Planner or Commission Chair shall report back to the Commission
at the next meeting of the Commission any decisions made by the subcommittee
since the last meeting.
7.
"Minor alterations" are defined as incidental changes or additions
to a building or site features which will neither result in substantial
changes to any significant historic features nor obscure such features.
In no event shall any change be deemed minor when, in the determination
of the subcommittee, such change shall alter the historic character
of the building or site.
C.
When
a certificate of appropriateness is required in any historic district
or for any historic landmark, no building or sign permit shall be
issued by the Code Enforcement Office until a corresponding certificate
of appropriateness has been issued by the authorities described above.
A.
Applications
for certificates of appropriateness can be obtained either in the
Code Enforcement Office or the Planning and Development Department.
[Amended 8-3-2021 by Ord. No. 2021.72]
B.
Completed
applications shall be submitted to the Biddeford Planning Department,
which shall date and time stamp said applications upon receipt. Completed
applications are due 14 days prior to the Commission's regularly scheduled
meetings, which are the second Wednesday of every month.
C.
The
Commission shall review and make a decision on all complete applications
within 35 days of submission. If after 35 days no decision has been
made, the certificate of appropriateness shall be deemed as approved.
D.
Applications
shall be on a form developed by the Planning Department, and all applications
shall include the following:
1.
The applicant's name and address and his or her interest in the property;
2.
The owner's name and address, if different from the applicant's;
3.
If applicable, the contractor's and/or architect's name and address;
4.
The address or location of the subject property;
5.
The existing use and zoning of the property;
6.
A brief description of the proposed activity for which a certificate
of appropriateness is sought.
E.
The
applicant may wish to also provide, or the Planning Department may
also request, on behalf of the Commission, additional information
to better enable the Commission to reach a timely decision on an application
under review, which may include:
1.
Drawings (i.e., exterior elevations) and/or plans to better illustrate
the proposed activity for which the certificate is being applied for;
2.
Samples of materials proposed for use in the activity;
3.
Photographs of other recently completed projects by the applicant
in a similar fashion to which the certificate is being applied for;
and
4.
Photographs of the building involved as well as adjacent buildings.
A.
Hearing
required. Where applications under Section 10A are reviewed by the
Commission, the Commission shall conduct a public hearing prior to
rendering a decision.
[Amended 8-3-2021 by Ord. No. 2021.72]
B.
Notice
requirements.
1.
Notice requirements for all items scheduled for a public hearing
shall include posting the meeting agenda at the same location in City
Hall as Planning Board agendas are posted no less than seven days
prior to the hearing; and
2.
Notice via United States Postal Service shall also be sent to the
applicant, owner, and all property owners within 100 feet of the subject
property no less than seven days prior; and[1]
[1]
Editor’s Note: Former Subsection 3, regarding newspaper
announcements, which immediately followed, was repealed 3-5-2019 by
Ord. No. 2019-14.
C.
Hearing
and notice not required. Where applications are reviewed under Section
10B, no public hearing or notice is required. If the applicant requests
a public hearing, the application shall be forwarded to the Commission,
which shall then review and make a decision regarding a certificate
of appropriateness for said application under its normal procedure
of review.
[Amended 8-3-2021 by Ord. No. 2021.72]
D.
Approval.
If the approval authority determines that the proposed activity is
appropriate, it shall approve the certificate of appropriateness and
forward it to the Planning Department, which shall subsequently forward
it to the Code Enforcement Office for the issuance of necessary permits.
E.
Disapproval.
If the approval authority determines that the proposed activity is
not appropriate, it shall make findings as to why it is not appropriate
and shall forward said decision to the Planning Department, which
shall notify the applicant of said determination and provide, as applicable,
guidance regarding the opportunity to resubmit the application with
revisions or to appeal the determination as outlined in Section 17
of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
A.
Reconstruction
and alterations.
1.
A building or structure classified as an historic landmark or located
within 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
or altered unless a certificate of appropriateness has been issued
for such activity. No certificate of appropriateness for a structure
or building identified as contributing to the district shall be issued
unless the proposed activity is found to preserve or enhance a building's
or structure's historical or architectural character. No certificate
of appropriateness shall be issued for a noncontributing structure
or building unless the proposed activity is complementary to the historic
character of surrounding structures and buildings and meets the intent
of this ordinance.
2.
The standards and requirements in the United States Secretary of
the Interior's Standards of Rehabilitation as well as the following
factors shall be considered when reviewing applications for reconstruction
or alteration of buildings or structures subject to review under this
ordinance:
a.
Every reasonable effort shall be made to use a property for its historic
purpose and in a way 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 avoided;
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, the structure or its environment;
and
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.
B.
Demolition
or removal: See Section 14 of this ordinance.
[Amended 8-3-2021 by Ord. No. 2021.72]
C.
Construction
of new buildings or structures. The construction of a new building
or structure within an historic district shall be generally of such
a design, form, proportion, mass, configuration, building material,
texture, color and location on a lot as will be compatible with buildings,
structures and open spaces where it is visually related and in keeping
with the area. The following factors shall be considered:
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 and 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; and
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.
D.
Signs. Signs shall be reviewed based on the standards contained in Article VI (Performance Standards), Section 59 (Signs). When a certificate of appropriateness is required for a new or altered sign, the following factors shall be considered:
E.
Exceptional
circumstances.
1.
The approval authority may issue a certificate of hardship in lieu
of a certificate of appropriateness where the standards otherwise
set forth in this section are not met but where the approval authority
determines that failure to issue a certificate would result in undue
hardship to the owner of the property. Before the approval authority
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 due to the general applicability of this ordinance; and
c.
The conditions or circumstances which constitute the hardship were
not caused or created by the property owner after this ordinance became
applicable to that property.
2.
For the purposes of Subsection E1a, "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.
A.
An
historic landmark, or any building or structure identified as contributing,
shall not be demolished or removed and a certificate of appropriateness
to do so shall not be issued unless one of the following conditions
is met:
1.
The building or structure has been identified by the Historic Preservation
Commission as noncontributing or incompatible with the MSRD District
in which it is located; or
[Amended 8-3-2021 by Ord. No. 2021.72]
2.
The property owner can demonstrate to the Commission that it cannot
be renovated or reconstructed so as to earn an economic return on
its value in its present location as determined by a qualified real
estate appraiser; or
3.
The property owner can demonstrate to the Commission that he/she
has offered the property for sale through a real estate broker for
at least 180 days and that there has been no bona fide offer to buy
the property from any person or entity that is willing to preserve
and restore the property.
B.
Applicants
applying for the demolition or removal of designated historic landmarks
or contributing structures or buildings, or important portions and
features thereof, shall clearly demonstrate that their application
meets one or more of the following demolition or removal criteria
before the Commission will approve the application for demolition
or removal:
1.
The physical condition of the building makes the continued upkeep
of the building, or important portions or features thereof, uneconomical;
or
2.
The building or structure, or important portions and features thereof,
has been determined by the Division of Code Enforcement to represent
an immediate hazard to the public health or safety, which hazard cannot
be abated by reasonable measures.
C.
Demolition
delay. Before the issuance of a demolition permit by the Code Enforcement
Office, a delay period of 90 days shall apply to any building or structure
and portion thereof that is an historic landmark or is designated
as contributing.
[Amended 3-15-2022 by Ord. No. 2022.13]
D.
Demolition
delay procedures. At the hearing on an application to relocate or
demolish a contributing building in an historic preservation district,
or an historic landmark, the Commission may, in the interest of exploring
reasonable alternatives, delay issuance of a permit for up to 120
days from the date of the hearing. If, 10 days prior to the expiration
of the delay period, the Commission finds that there are still reasonable
alternatives to explore, the Commission may continue the delay for
an additional period of up to 60 days. The purpose of the delay is
to find alternatives to demolition, such as assisting in securing
funding to preserve in place the building, structure, or important
portions and features thereof; or finding other ways to preserve the
building or structure, such as outright purchase of the property,
when feasible, or relocation; or proper recordation of buildings,
structures and sites, including photography and narrative report;
or preservation of historic artifacts.
E.
This
section shall not apply to any structure which has been ordered demolished
by the City Council or the court in accordance with 17 M.R.S.A. §§ 2851
through 2959 and amendments thereto, or to any structure which has
been partially destroyed and is determined by the Division of Code
Enforcement to represent an immediate hazard to the public health
or safety, which hazard cannot be abated by reasonable measures, specified
by the Division of Code Enforcement, including securing apertures
and/or erecting fences.
A certificate of appropriateness is not required and the City
Planner shall issue a certificate of nonapplicability for the following:
A.
Where
a certificate of hardship has been issued within the previous 12 months.
B.
Where
the activity involves ordinary maintenance, or the repair of exterior
features of an historic landmark or of a building or structure in
an historic district is permitted, so long as it does not alter the
design, materials, or outer appearance thereof.
C.
The
construction, reconstruction, alteration, restoration or demolition
of any feature which the Code Enforcement Office has certified as
required to maintain public safety because of an unsafe or dangerous
condition.
D.
Where
the activity involves emergency repairs of a temporary nature.
E.
Where
the activity proposed results in exterior alterations not readily
visible at pedestrian heights, when viewed at any height between four
and six feet from any open space or street.
All certificates of appropriateness, nonapplicability, and hardship
shall be valid for no more than 12 months from the date of issuance.
Appeals of the issuance of any certificate under this ordinance
or denial of any certificate under this ordinance may be appealed
within 30 days of such a decision as follows:
A.
Appeals
of decisions made by the Commission shall be to the Zoning Board of
Appeals.
B.
Appeals
of any decision made by the City Planner and Chair of the Commission
under Section 10B of this ordinance shall be to the Historic Preservation
Commission. Appeals of this nature shall be appellate reviews by the
Commission and not de novo.
[Amended 8-3-2021 by Ord. No. 2021.72]
Enforcement of this ordinance shall be as per Part III (Land
Development Regulations), Article VIII (Administration, Enforcement,
and Penalties).
[Amended 8-3-2021 by Ord. No. 2021.72]
Parcels comprising "contributing" structures or buildings are
contained in the "Official Listing of Historically Contributing Buildings
or Structures" which has been certified by the Mayor and attested
by the City Clerk together with the date of adoption of this ordinance.
Identified parcels/structures/buildings may only be added to the list
through a zoning amendment that approves such an amended list. Parcels/structures/buildings
may be removed from the list upon recommendation by the Historic Preservation
Commission and approval of the Planning Board, at which time it shall
be recertified by the Mayor and re-attested by the City Clerk.
