[Added 11-2-1999]
The purpose of design review is to provide for
the regulation of building and site design within designated areas
of the Town of Bar Harbor as proposed in the Town's adopted Comprehensive
Plan in order to promote the following goals:
A.
The education, economics, and the general welfare
of the Town, its residents, and guests;
B.
The protection and preservation of buildings, places,
and things of aesthetic, historic, cultural, or architectural value;
C.
The continued maintenance and improvement of existing
structures in a timely and responsible manner;
D.
The fostering of a positive and identifiable image
to encourage continued private and public interest, investment, and
development within the designated area;
E.
The construction and maintenance of aesthetically
pleasing structures using materials compatible with those materials
and buildings that exist in their immediate area; and
F.
The ability of the Design Review Board to carry out
its task in a timely and fair manner with the best interests of the
Town, its residents, property owners, and consumers in mind using
the regulations, definitions, and standards of this article.
A.
Creation and composition. There is hereby created
a Design Review Board which shall consist of seven members appointed
by the Town Council, who shall be residents of the Town of Bar Harbor,
interested in the preservation and development of the Community.
B.
Transition. Upon adoption of this article, the former
Board of Review shall become the Design Review Board, the members
of the Board of Review shall become the members of the Design Review
Board with the same terms of service, the Design Review Board shall
assume all of the functions previously performed by the Board of Review,
and the two additional members shall be appointed by the Town Council.
The Design Review Board may be referred to as the "Review Board" or
"Board."
C.
Jurisdiction. The Review Board's jurisdiction shall be limited to the Design Review Overlay District identified in § 125-112A. The Review Board shall be concerned with those elements of development, redevelopment, rehabilitation and/or preservation that affect the visual quality of the district. In Downtown Village Districts, this review includes views from public streets and parking lots, as well as the view from the waterfront. In the Town Hill Business District, all sides of the building and the overall property development are subject to review. The Board shall not consider the interior floor plan layout of buildings as part of its review.
[Amended 11-3-2009; 6-8-2010]
D.
Term of office. The term of office shall be for three
years.
E.
Members serve without pay. Members of the Board shall
serve without pay but shall be reimbursed for any and all authorized
expenses incurred personally in carrying out the purposes of this
article.
F.
Organization. The Board shall elect from its membership
a Chair and a Vice Chair who shall serve for terms of one year and
who shall be eligible for re-election. The Chair shall preside over
the Board and have the right to vote. In an absence or disability
of the Chair, the Vice Chair shall perform the duties of the Chair.
G.
Staff assistance. The Code Enforcement Officer and
Town Planner shall provide such technical, administrative, and clerical
assistance as required by the Board subject to the approval of the
Town Manager.
H.
Professional assistance. The Board, subject to the Town Council's consent, shall have the right to retain and pay for the services and expenses of professional help needed in carrying out the purpose of this article. If the review of an application requires outside professional assistance, the Board may require the payment of a technical assistance fee in accordance with § 125-65D to defray the Town's costs in obtaining such assistance.
I.
Meetings. The Board shall hold regular meetings, at
least monthly, to review applications for certificates of appropriateness.
All meetings of the Board shall be recorded.
A.
Design Review Overlay Districts.
[Amended 11-4-2003; 11-2-2004; 6-9-2009; 11-3-2009]
(1)
The provisions of this article shall apply only within
the geographic limits of the following Design Review Overlay District,
hereinafter called the "district.”
(2)
Boundaries of the Design Review Overlay District. The district shall
include the following neighborhood districts as shown on the Official
Neighborhood Districts Map of Bar Harbor: the Downtown Village I District;
Downtown Village II District; the Shoreland General Development I
District; Shoreland General Development II District; the Village Historic
District; and the Town Hill Business District. The district is depicted
on the map titled "Design Review Overlay District of the Town of Bar
Harbor, Maine." The district also includes all bed-and-breakfast uses,
all shared accommodations uses, and individual properties with the
following uses, regardless of their district location: TA-1, TA-3,
TA-4, and TA-6. The district also includes properties listed in Appendix
A and/or Appendix B of this chapter.[1]
[Amended 6-8-2010; 6-14-2016; 7-14-2020]
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
B.
Activities subject to design review. Any of the following
activities shall be undertaken within the designated district only
after a certificate of appropriateness has been issued by the Code
Enforcement Officer of the Town of Bar Harbor after review and approval
by the Review Board:
[Amended 11-4-2003; 5-3-2004; 11-2-2004]
(1)
The demolition, in whole or in part, of a building
or structure classified as historic as denoted in Appendix A and/or
B or is a bed-and-breakfast I, II or IV TA-1, -3, -4 or -6, respectively.
[Amended 6-8-2010]
(2)
The moving or relocation of a building, sign or structure
classified as historic as denoted in Appendix A and/or B or is a bed-and-breakfast
I, II or IV TA-1, -3, -4 or -6, respectively.
[Amended 6-8-2010]
(3)
Any material change, other than routine maintenance and repair and minor renovations as outlined in Subsection C, in the exterior appearance of an existing building, sign, fence, or structure classified as historic as denoted in Appendix A and/or B or is a bed-and-breakfast, TA-1, -3, -4 or -6, respectively, including additions, reconstruction, alterations, or maintenance involving a change in the exterior color or materials.
[Amended 6-8-2010]
(4)
Any new construction of a principal or accessory building
or structure, except for lots with the principal use of a single-
or two-family dwelling;
(5)
Any material change, other than routine maintenance and repair and minor renovations as outlined in Subsection C, in the exterior appearance of an existing nonhistoric building or structure, except for lots with the principal use of a single- or two-family dwelling, such as additions, reconstruction, alterations, or maintenance involving a change in the exterior color, if the change is subject to view from a public street;
(6)
Any change in existing fences and/or retaining, ornamental
or other freestanding walls or the construction of new fences and/or
freestanding walls on a parcel, except for lots with the principal
use of a single or two-family dwelling, if the wall or fence is located
along a public street right-of-way;
(7)
The erection of a new sign, the relocation of an existing sign, approval of a signage plan and its specific content as per § 125-67BB(3)(c), or the modification of an existing sign which changes the size, color, lighting, or graphic design of the sign, except for lots with the principal use of a single or two-family dwelling.
(8)
The seasonal closure of a business involving the placement
of window coverings or other activities which alter the exterior appearance
of the property and can be seen from a public street. (Note: The certificate
of appropriateness obtained initially shall remain in effect as long
as the closure treatment remains unchanged.)
C.
Activities not subject to design review. The following
activities are not subject to design review:
(1)
The construction of a new principal or accessory building
or structure or the modification of an existing nonhistoric building
or structure used entirely for single- or two-family dwelling occupancy.
[Amended 5-3-2004]
(2)
The erection or modification of signs, freestanding
walls, fences, landscaping or similar activities at a property used
entirely for single- or two-family dwelling occupancy.
[Amended 5-3-2004]
(3)
Temporary or emergency activities intended to protect
a property from damage as a result of a natural event, such as a storm,
or to secure a property from further damage following a storm, fire,
or similar event. All permanent improvements or repairs shall be subject
to design review.
(4)
Routine maintenance or repair where no change is made
to the exterior appearance of the structure or grounds. The following
list illustrates the types of work that a property owner may undertake
without a certificate of appropriateness:
(a)
Repainting using the existing colors.
(b)
Replacement of window glass.
(c)
Caulking and weatherstripping.
(d)
Installation or removal of window air conditioners.
(e)
Installation or changes of mechanical equipment,
such as heating and air-conditioning units, television antennas/satellite
dishes, and garbage containers, as long as it is completely screened
from view by landscaping or fencing.
(f)
Repair of roofing materials as long as the material
is of a similar color, texture and general appearance.
(g)
Replacement of missing or deteriorated siding,
gutters, trim, porch flooring, steps, etc., using replacement materials
that match the original and that do not damage or eliminate architectural
features.
(h)
Repair or replacement of masonry foundations
where the original foundation material is retained or where any new
material matches the original in color, material, and appearance [including
the installation of metal foundation vents (side and rear only) and
the replacement of access doors which cannot be seen from the street].
(i)
Repointing and other masonry repairs where the
color and composition of the mortar, brick or stone match the original.
(j)
Replacement of storm windows or doors provided
that the trim color is white or compliments the building's trim color.
(k)
Installing house numbers and mailboxes.
(5)
Minor renovations that do not include any changes
in the exterior appearance of the building, such as:
(6)
Renovation or new construction which is limited to the following
types of improvements:
[Added 11-8-2011]
(a)
Exterior building facade paint color selected from the Design
Review Board approved color chart(s). The color chart(s) can be obtained
from the Planning Department and may be updated from time to time
pursuant to Design Review Board approval. Colors not listed on the
color chart(s) require a certificate of appropriateness from the Design
Review Board.
(b)
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(6)(b), regarding replacement of certain signs, was repealed 6-14-2016. See now § 125-67BB(6)(o).
(c)
(Reserved)[3]
[3]
Editor's Note: Former Subsection C(6)(c), regarding tenant signage, was repealed 6-14-2016. See now § 125-67BB(6)(o).
(d)
(Reserved)[4]
[4]
Editor's Note: Former Subsection C(6)(d), regarding sandwich board signs, was repealed 6-14-2016. See now § 125-67BB(6)(o).
(e)
Installation of roof-mounted solar collection panels and appurtenant
equipment.
[Amended 6-14-2016]
(f)
Retractable awnings made of fabric material. Fabric may be striped
or solid in color, and must be listed on the approved color chart
for awnings in order to be eligible for an exemption. Lettering or
wording shall not be printed on the awning unless otherwise approved
through the issuance of a certificate of appropriateness.
D.
Classification of buildings, signs, and structures.
Within the district, all buildings and structures shall be divided
into two classes, historic and nonhistoric.
[Amended 11-4-2003]
(1)
Historic buildings and structures. For the purposes
of this article, buildings and structures possessing identified historic
or architectural merit of a degree warranting their preservation shall
be classified as historic.
(a)
Those buildings or structures which meet one
or more of the following criteria shall be considered as historic,
noting that they may not all meet state or federal criteria for official
designation as historic properties:
[1]
Buildings or structures at which events occur
or have occurred that contribute to, are identified with, or significantly
represent or exemplify the broad cultural, political, economic, military,
social, or sociological history of Bar Harbor and/or the nation. These
include sites and buildings at which the public may gain insight or
see examples of particular items or patterns relevant to North American
heritage.
[2]
Buildings or structures importantly associated
with historical personages.
[3]
Buildings or structures importantly associated
with historic examples of a great idea or ideal.
[4]
Buildings or structures or structural remains
embodying examples of architectural types of specimens valuable for
study of a period, style, or method of building construction, of community
organization and living, or a single site representing the work of
a master builder, designer, architect, or landscape architect.
[5]
Buildings or structures contributing to the
visual continuity and aesthetic value of the district.
[6]
Buildings or structures currently on, or eligible
for, the National Register of Historic Places or listing as a National
Historic Landmark.
(b)
A list of the properties meeting one or more
of these criteria is contained in Appendixes A and B.[5] The Board shall annually review both the criteria and
the properties included on the list and shall make recommendations
to the Town Meeting for modifications to the criteria and additions
to, or deletions from, the list as it deems necessary to accomplish
the objectives of these design review provisions.
[5]
Editor's Note: Appendixes A and B are included
at the end of this chapter.
(c)
The owner of any property within the district
may submit a written request to the Board asking for a review of the
historic or architectural merit of his/her property and consideration
of its inclusion on or deletion from the list. In such cases, the
Board shall review the property for conformance with the criteria
and recommend adding or deleting the property as appropriate to the
Town Meeting.
A.
Preapplication procedures.
(1)
Prior to making application for a certificate of appropriateness,
an applicant shall familiarize herself/himself with the requirements
and procedures of this section and obtain a copy of the procedures,
standards, Design Review Handbook, and application form from the Planning
Department. Applicants are welcome to observe a meeting of the Design
Review Board to familiarize themselves with the Board's procedures.
(2)
Applicants are encouraged to meet informally with
the Town Planner or Code Enforcement Officer to discuss their project
prior to preparing and submitting an application or making any binding
arrangements for the proposed improvements.
(3)
All preapplication activities shall be informational
in nature, and any discussions during these activities shall in no
way be construed to be a decision or to bind future actions of the
Board. No preapplication discussions shall cause an application to
be considered to be a pending application or proceeding under 1 M.R.S.A.
§ 302.
B.
Application submission and review procedures. The
applicant shall prepare and submit an application for a certificate
of appropriateness together with supporting documentation that meets
the requirements set forth below, provided that all time limits provided
in this section may be extended by the mutual agreement of the applicant
and the Board. The submission shall be processed as follows:
(1)
The application shall be submitted to the Planning
Department at least seven days prior to the meeting of the Review
Board at which the application will be considered.
(2)
Upon receipt of an application, the Planning Department
shall give the applicant a dated receipt and review the submission
for completeness within three days.
(3)
If the Planning Department finds that the application
is complete, that all required information has been submitted, the
Planning Department shall place the application on the agenda for
the next scheduled meeting of the Board.
(4)
If the Planning Department finds the application to
be incomplete, it shall return it to the applicant with a written
indication of the additional information and/or revisions needed and
shall inform the applicant that the application will not be processed
until a complete application is submitted. If an application is returned
to the applicant on the basis that it is incomplete, the applicant
may appeal this decision, in writing, to the Design Review Board and
the Board shall consider the completeness of the application at its
next meeting. If the Board finds that the application is complete,
it shall continue with the review of the application.
(5)
The Board shall consider an application at its next scheduled meeting after it is determined to be complete. The applicant and/or his/her representative(s) shall attend the meeting and shall explain the proposed activities to the Board and answer any questions about the application. The burden is on the applicant to demonstrate that the application meets the requirements of § 125-114. The applicant and/or his/her representative(s) may present any information to the Board that he/she feels will demonstrate compliance with the standards.
(6)
The Board shall act to approve, approve with conditions,
or deny an application within 30 days of its initial consideration.
The Board may extend this period to 45 days for projects involving
the construction of a new building or an addition to an existing building.
If the Board fails to act within the period provided the application
shall be deemed to have been denied.
(7)
The Board may impose conditions on the approval but
only those that are necessary to assure compliance with the standards
of approval. In making its decision, the Board shall make written
findings of fact establishing that the proposal does or does not meet
the standards. Following its action, the Board shall notify the Code
Enforcement Officer of its decision and instruct the Code Enforcement
Officer as to whether a certificate of appropriateness shall be issued.
C.
Coordination with site plan review.
(1)
The design review and site plan review requirements
deal with different aspects of a project. Some of the activities subject
to design review may also require that the applicant obtain site plan
approval from the Planning Board. These include the construction of
a new building, projects involving the expansion or renovation of
an existing building, and situations in which the use of the building
is being changed.
(2)
Prior to preparing an application for a certificate
of appropriateness, the applicant should review this chapter and/or
meet with the Town Planner to determine if site plan approval is required
in addition to design review. If site plan review is also required,
the applicant may submit concurrent applications to the two Boards
and may request that the two applications be reviewed concurrently.
(3)
The application for design review must be consistent
with the activities and design submitted as part of the site plan
review application. If either Board's review and approval of the plan
results in revisions or conditions which affect aspects of the project
subject to the other Board's review, both the applications must be
modified accordingly. Projects subject to both design review and site
plan review must comply with both approvals and any conditions imposed
as part of the approvals.
D.
Process for the demolition of a historic building. This Subsection D establishes two processes for the demolition of a building or structure classified as historic. The first allows for immediate demolition with the issuance of a certificate of appropriateness, while the second allows for delayed demolition if a certificate of appropriateness is not issued.
(1)
Immediate demolition.
(a)
If the owner of a building or structure classified
as historic seeks to demolish the building or structure in whole or
in part, the Review Board may approve the issuance of a certificate
of appropriateness for the demolition if the property owner shows
that the application meets the standards of § 125-114F(2).
(b)
If a certificate of appropriateness is approved,
the applicant may immediately apply to the Code Enforcement Officer
for a demolition permit. If the Board fails to approve the issuance
of a certificate of appropriateness permitting the demolition, the
applicant may proceed under the delayed demolition procedures.
(2)
Delayed demolition.
(a)
If the Board fails to issue a certificate of
appropriateness, the owner of a building or structure classified as
historic may apply for a permit to demolish the building in accordance
with the following procedures. The building may be demolished; provided,
however, that before a demolition permit is issued, four months' notice
of the proposed demolition shall be given.
(b)
The objective of this provision is to further
the purposes of this article by preserving historic buildings which
are important to the education, culture, traditions, and the economic
values of the Town and to afford the Town, interested persons, historic
societies or organizations the opportunity to acquire or to arrange
for the preservation of such buildings.
(c)
The Board may at any time during such stay approve
a certificate of appropriateness in accordance with § 125-114F(2)
in which event a demolition permit shall be issued without further
delay.
(d)
Public notice of the pending demolition shall
be provided as follows:
[1]
Notice of the proposed demolition shall be posted
on the premises of the building or structure proposed for demolition
in a location clearly visible from the street, shall be mailed to
the Maine State Historic Preservation Office, and shall be delivered
to the Bar Harbor Historical Society.
[2]
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.
E.
Submission requirements.
(1)
The activities covered by design review vary widely
in their scope and complexity and, hence, in the type and amount of
information needed by the Review Board to determine if the proposed
activities are consistent with the standards of this section.
(2)
In all cases, the burden is on the applicant to provide
the Board with adequate information to determine the appropriateness
of the project.
(3)
To aid the applicant in preparing his/her application,
the minimum submission requirements shown in the following table have
been established. Applicants should submit additional information
if they feel that is necessary or helpful in demonstrating that the
proposed activities are consistent with the standards.
(4)
The following exhibits[1] shall be submitted as part of an application for a certificate
of appropriateness. Projects involving more than one activity must
submit the exhibits required for each of the proposed activities.
For example, a project involving the painting of an existing building
and the installation of a new sign is required to submit the exhibits
required for both aspects of the project.
[1]
Editor's Note: See Table 2 included at the
end of this chapter.
A.
In reviewing an application for a certificate of appropriateness,
the Design Review Board shall approve the issuance of a certificate
if it finds the application and proposed activities are consistent
with the following standards, or that they will be consistent as a
result of conditions of approval imposed on the application.
(1)
The standards are broken down into five categories:
(2)
In reviewing applications, the Board shall consider
the appropriate sections of each of these categories and shall find
the project in conformance with all relevant provisions before approving
the issuance of a certificate of appropriateness.
(3)
Appendix B contains a list of locally significant
buildings within the district that reflect the type of design that
these standards are intended to foster. These buildings should be
viewed as the standard of design against which proposed projects are
judged. The intention of providing this list is not that new proposals
should seek to replicate the specific design of one of these buildings
but rather to provide examples of the overall level of design that
is deemed to be appropriate within the district. In addition, pictorial
examples of acceptable treatments of various features are provided
for many of the standards in the Design Review Handbook.
B.
Standards relating to visual compatibility. The following
standards for visual compatibility shall apply to all activities subject
to a certificate of appropriateness within the Design Review Overlay
District. These standards are intended to guide the design, construction,
and maintenance of buildings, improvements, signs, and other visual
features within the district to assure that they complement the visual
character of the district and to serve as a foundation for the review
of an application for a certificate of appropriateness. These standards
are intended to be general statements of design principles to which
activities within the district are required to conform.
(1) 
Building height. The height of new buildings and additions
or modifications to existing buildings shall be visually compatible
with adjacent buildings as seen from public streets. Where an established
pattern of building heights exists, the height or apparent height
of new, expanded, or modified buildings as seen from the public street
shall maintain a complementary pattern.
(2)
Building scale and design.
(a)
The size of a building and the building mass
in relationship to the site and surrounding features shall visually
complement the buildings, squares, and places to which it is visually
related.
(b)
Where there is an established pattern of building
size or scale as viewed from a public street, new buildings or modifications
to existing buildings shall be designed to maintain the existing pattern.
If there is an established pattern of buildings with narrow facades
on the street, a new building shall maintain this visual pattern by
limiting the size of the street facade or by designing the facade
to appear as a number of narrow facades or through other approaches.
(c)
The design of buildings shall visually complement
the district. The design of buildings shall also conform to the following
standards:
[1]
The facade facing the street shall be treated
as a front facade. The facade shall incorporate pedestrian-scale design
features such as doors and windows to create a character that complements
the district. Windows or architectural treatments designed to simulate
windows shall comprise no less than 20% of the exterior wall surface.
The facade shall be designed to avoid large areas of blank wall space.
[2]
Ground floor facades facing a public street
must incorporate arcades, display windows, awnings, or other features
to add visual interest to the building.
[3]
Buildings used for retail or other public uses
shall be designed to have clearly defined entrances that are visually
compatible with the visual character of the district.
[4]
Roofs shall be designed to complement visually
the overall visual character of the district. A new building shall
have a roofline that is similar to adjacent buildings if there is
an established pattern of rooflines. If there is not an established
pattern, new buildings shall have pitched or gabled roofs to the extent
practical. If a pitched roof is not practical, false fronts or other
design elements shall be used to create the appearance of a pitched
roof. Accessory buildings, canopies, and other structures shall have
rooflines that are visually compatible with the roofline of the principal
building.
[5]
The treatment of accessory buildings and structures
shall be compatible with the principal building and shall use similar
materials, details, and level of trim.
[6]
New buildings with more than 5,000 square feet
of first floor area shall be designed so that the building scale is
visually compatible with the character of the district. The overall
mass of the building shall be visually broken into smaller elements
through the physical layout of the building and/or the design of the
facades.
(3)
Proportionality of the front or street facade.
(a)
The ratio of the width of the front or street
facade to the building height shall complement the visual character
of the district.
(b)
Where an established pattern of facade proportion
exists, new or modified buildings shall maintain the established pattern.
If there is a pattern of tall, narrow buildings, a new building that
is wider than it is tall is inappropriate unless the facade is broken
into segments that maintain the established proportions.
(4)
Proportionality of windows.
(a)
The ratio of the width of windows to the height
of the windows shall complement the visual character of the district.
(b)
Modifications to existing buildings shall maintain
the existing proportionality. The modification of the facade of existing
buildings to change or eliminate windows shall be done in a manner
that maintains the established relationship of windows to wall. The
"bricking up" of windows is discouraged unless the relationship can
be maintained in other ways.
(c)
Where an established pattern of window proportions
exists among a group of buildings or along a block face, new or modified
buildings shall maintain the established pattern.
(5) 
Building spacing. In the Downtown Village Districts,
where an established pattern exists with respect to the placement
of buildings on the lot vis-a-vis the lot lines, new or modified buildings
shall reflect the established pattern to the extent allowed by the
setback provisions of the district in which they are located. In an
area where the existing buildings all extend the full width of the
lot, constructing a new building so that it is set back from the lot
line is not consistent with this guideline unless the setback is required
to meet zoning requirements.
[Amended 11-3-2009; 6-8-2010]
(6)
Relationship of the building to the street.
(a)
The relationship of a new or modified building
or structure with the street shall visually complement neighboring
buildings, the overall character of the district, and other buildings
to which it is visually related to the extent permitted by the setback
requirements of the district in which it is located.
(b)
Where there is an established front setback
pattern, new buildings or structures shall be located to maintain
the established pattern if permitted by the zoning requirements. If
an established pattern does not exist, new buildings shall be located
in a manner that is compatible with the overall character of the district.
New or reconstructed buildings shall be located on the lot so that
the building is set back from the street no more than the average
of the setbacks for buildings in similar locations in the district.
(c)
For buildings on corner lots, the setback relationship
on both streets shall be maintained through the placement of buildings
and other site features.
(7)
Pedestrian relationships and facilities.
(a)
Where sidewalks exist in front of the parcel,
the site shall be designed to provide for pedestrian access to the
front entrance of the building without the need to cross parking areas
or access drives.
(b)
The walkway to the front entrance shall be constructed
with materials which contrast with the paving of the vehicular areas,
that provide a safe and inviting access to the building, and that
are visually compatible with other pedestrian facilities in the neighborhood.
(c)
If a sidewalk along the street is interrupted
or crossed by a proposed driveway, access road, or other vehicular
facility, the sidewalk material must be maintained across the driveway
or another visually compatible method used to clearly delineate the
sidewalk from the drive.
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(8)
Motor vehicle facilities and services. The location
and design of facilities for motor vehicles, including parking lots,
driveways, access roads, drive-through facilities, and service and
fueling areas, shall visually complement the overall character of
the district. The design of the site shall also conform to the following
standards:
(a)
Vehicular facilities shall not be located between
the front of the building and the street.
(b)
Access drives, driveways, and entrances or exits
to drive-through services shall not pass between the building and
the sidewalk where a sidewalk exists.
(c)
Parking lots shall be located to the side or
rear of the building.
(d)
Overhead doors and service areas shall be located
on the side or rear of the building and must be screened from view
from a public street.
(e)
Drive-through services shall be designed to
keep vehicular activity to the side and/or rear of the building and
shall prevent the queuing of vehicles between the front of the building
and the street or in other areas where it is visually incompatible.
(9)
Multiple buildings on a lot in the Town Hill Business District.
In the Town Hill Business District, the layout of buildings on a lot
shall reflect the layout of other lots in the district with multiple
buildings. The arrangement of the buildings should be visually compatible
with the street and with the buildings on the lot.
[Added 11-3-2009]
(10)
Viewshed in Town Hill Business District. Building height and
placement are subject to further review in the Town Hill Business
District to determine any visual impacts to retain the vista along
Route 102 from the Crooked Road intersection to the Pine Heath Road
intersection.
[Added 11-3-2009]
C.
Standards for materials and design details for structural
projects. The following standards are intended to assure that proposals
conform to the quality of design that has historically been associated
with buildings within the district. The structural standards have
been designed to promote compatibility with Bar Harbor's historic
character and its scenic location. Certain types of design are inappropriate
within the designated Design Review Overlay Districts since they will
not meet these standards and thus do not enhance the existing visual
character or preserve Bar Harbor's uniqueness.
[Amended 11-3-2009]
(1)
Construction standards. With the advent of many new
exterior materials, the standards are not intended to prohibit the
use of all new materials. Therefore, any quality material that simulates
traditional features will be evaluated on a case-by-case basis. The
following standards apply to the construction of new buildings, additions
to existing buildings, reconstruction, and major renovations:
(a)
Siding material.
[1]
Siding is applied as the exposed surface on the outside walls
of buildings to provide a barrier against the penetration and infiltration
of weather and at the same time enhance the visual and architectural
quality of the structure in keeping with other buildings in the district.
The selected siding should be visually compatible with other exterior
finishes on the building and with those buildings to which it is visually
related.
[2]
The siding used on the building should be a material that is
in common use within the overlay district. The following are appropriate
siding materials:
[a]
Clapboards/shiplap.
[b]
Shingles/shakes.
[c]
Stucco/concrete. Stucco with wood trim interruption
(English Tudor) is acceptable. Concrete block and poured or precast
concrete are acceptable for foundation and fire walls but are generally
not appropriate for wall surfaces that can be seen from a public street.
Masonry products designed to replicate other appropriate materials
are acceptable siding.
[d]
Brick.
[e]
Stone.
[f]
Vinyl/metal siding. Vinyl or metal siding designed
to replicate traditional siding material is appropriate but flat or
corrugated metal or plastic panels are inappropriate as siding within
the district.
[g]
In the Town Hill Business District, barn board,
and board and batten.
[3]
Unfinished plywood or composite flat sheet products such as
T-111 are not appropriate siding materials, except for areas that
cannot be seen from a public street.
(b)
Exterior finishes. The exterior finish of a
structure represents the final completion stage. Although this stage
is one of the simplest to alter, it is one of the most visible aspects
of a building, therefore great care must be taken in the selection
of the exterior finish for any structure. The following standards
shall be used for determining acceptable finish choices:
[1]
The colors shall be based upon the architectural
style of the structure as well as the period in which it was built;
[2]
The selected colors shall reflect hues and shades
which were available in the era and style depicted;
[3]
The paint colors shall be harmonious to and
blend in with the immediately adjacent structures in the area.
(c)
Windows.
[1]
Windows are glassed openings in the exterior
walls of buildings to admit light and air, allow for viewing, permit
merchandise display, and to enhance the architectural beauty of the
structure. The windows in a building shall be visually compatible.
Almost any style is appropriate as long as the size is proportional
to the building and maintains the architectural continuity of the
building.
[2]
Materials are appropriate if they simulate traditional
materials or are visually compatible with other components of the
building.
(d)
Doors and doorways (in the Downtown Village
Districts only).
[Amended 6-8-2010]
[1]
Doors are a means of safe and orderly entrance
to and egress from buildings. As the entrance to the building, the
front or main door is often the focal point of the principal facade.
Therefore, care must be taken in designing the doorway and selecting
a door that is visually compatible with the structure.
[2]
Doors and doorways shall conform to the following
standards:
(e)
Roofing.
[1]
Roofing is intended to protect the horizontal
portions of a building from the penetration and infiltration of weather
while maintaining the architectural integrity of the structure. The
roofing material and color, if visible from a public street, shall
be selected to be visually compatible with the style of the building
and the other exterior finishes and colors.
[2]
In the Downtown Village Districts, brightly
colored metal, plastic or fiberglass roofing is visually incompatible
with the character of the district and therefore inappropriate.
[Amended 6-8-2010]
[3]
Other materials are appropriate if it is demonstrated
that they are visually compatible with the overall building and its
environs.
[4]
In the Downtown Village Districts, appropriate
roof colors include neutral shades such as earth tones, greys, and
black. Bright or primary colors are not appropriate.
[Amended 6-8-2010]
(f)
Trim.
[1]
Trim is the molded and projecting woodwork or
stonework which frames a building and its changes in direction in
an aesthetically pleasing or bold fashion. The trim shall be visually
compatible with the style of the building and the other exterior finishes.
[2]
The following materials are appropriate for
use as trim: wood, stone, brick, vinyl, and metal.
[3]
Other materials are appropriate if it is demonstrated
that they are visually compatible with the overall building.
[4]
Trim materials may be mixed and matched as long
as the style and color of the trim are consistent and visually compatible
with the other elements of the building.
(g)
Entrances.
[1]
In the Downtown Village Districts, an entrance
is much more than a doorway. It is a means of getting from the street
to the front door and may include changes in grade, protection from
the elements, and/or a degree of landscaping and lighting. The entrance
to the building shall be visually compatible with the overall building
treatment and should be the focal point of the facade. The entrance
shall be designed and placed to have both a visual and functional
relationship to the street and sidewalk.
[Amended 6-8-2010]
[2]
The following are appropriate design treatments
for entrances: porticos, porches, decks, steps/ramps, and canopies/awnings.
Awnings and canopies must be attached to the structure and shall function
as an extension of the building. Freestanding accessory structures
such as tents or canopies at the front of the building are incompatible
with the existing visual character of the district and shall not be
allowed. Standards for awnings and canopies are in a later section.[1]
[3]
The following are appropriate materials for
use in entrances: wood, vinyl, tile, stucco, stone, brick, concrete,
canvas, fiberglass, and metal.
[4]
Other materials are appropriate if it is demonstrated
that they are visually compatible with the overall building.
(2)
Relocation/demolition standards. The demolition or
relocation of the building should occur in a timely manner. After
the relocation or demolition has occurred, the lot must be cleared,
graded, and replanted within 30 days of the completion of the work
and maintained until the lot is reused.
(3)
Standards for seasonal closures.
(a)
The Town of Bar Harbor discourages the seasonal
boarding up of businesses. No matter how much effort is put into making
these closures look attractive, they give the Town the appearance
of being shut down, which is detrimental not only to those businesses
that remain open and to potential customers, but also to local citizens
and guests who view them during the off-season. The Board strongly
discourages the placement of closure treatments involving the covering
of display windows before January 1.
(b)
Provisions for the seasonal closure of a business
shall:
(c)
The most appropriate approach to the seasonal
closure of a business is for signs and window displays to remain in
place. Where this is not possible or desirable, other appropriate
approaches include leaving display spaces and windows empty, installing
storm doors and windows, and installing wood panels or shutters over
openings.
(d)
Closure provisions that cover windows or display
spaces with materials such as bed sheets, paper, tarps, cardboard,
or bubble wrap or soaped or painted glass are inappropriate.
(e)
Signs shall be left in place or removed. The covering or wrapping
of signs with tarp or other plastic materials is not appropriate.
The use of a canvas cloth covering the sign, and bearing the name
of the business, is encouraged.
D.
Standards for materials and design details for accessory
projects. The following standards apply to projects that do not involve
the actual structure of the building but significantly impact upon
the visual environment and the compatibility of the building with
the character of district. Separate standards are provided for awnings,
canopies, and umbrellas, outdoor displays, lighting, and landscaping.
The accessory standards have been designed to promote compatibility
with the district's historic character and its scenic location.
(1)
Standards for awnings, canopies, and umbrellas. The
objective of the Town is to encourage property owners and businesses
to make permanent improvements to the property in the district. Therefore,
the use of temporary structures is discouraged. At the same time,
the Board recognizes that awnings, canopies, and umbrellas can provide
cover, add color, provide shade, and serve as a transition between
the storefront and the upper facade in the case of awnings and canopies.
(a)
General standards.
[1]
Rigid or fixed awnings, sunscreens, umbrellas,
or permanent canopies are not appropriate on any portion of the premises
or building unless the proposed awning, sunscreen, umbrella, or permanent
canopy is visually compatible with the building and its surrounding
area considering the following:
(b)
Location and size of awnings and canopies.
[1]
Awnings shall extend at least the full width
of existing window and door frames on the first floor.
[2]
Awnings on upper-floor windows shall be installed
over individual windows and shall complement the window design, building
architecture, and color.
[3]
Canopies or awnings shall be attached to the
building and not extend more than 12 feet from the wall (toward the
street) to which they are attached. In the case where an awning follows
another existing wall of the building at right angles (such as an
L or a U), it may extend out to the point where it is parallel with
the portion of the building closest to the street.
[4]
Freestanding canopies or tents are inappropriate
for ongoing use. Tents are appropriate for use for periods of not
more than 72 hours with prior approval of the Code Enforcement Officer
and shall only be used for appropriate outdoor functions, such as
art shows, festivals, fairs, weddings, and similar events.
[5]
A street level awning shall be at least 18 inches
behind the curb.
(c)
Awning design.
[1]
Awning construction and materials offer different
patterns and shapes. There are three basic shapes: 1/4 barrel, shed,
and domes.
[2]
The design review standards are not intended
to restrict the shape of awnings; however, the design shall be visually
compatible with and maintain the character of the building. Side panels
on awnings are discouraged but are permitted if they are graphically
treated so as to make the panel compatible with the overall design
of the building.
(d)
Awning color. The color of the material, and
any graphics, stripping, or pattern, shall be compatible with the
building architecture, materials, and color.
(e)
Awning materials.
[1]
The most common awning materials are canvas,
vinyl, vinyl-coated canvas, and canvas-like synthetic materials. Glossy
finish vinyl is not appropriate. Synthetic canvas is available in
acrylics, polyesters, nylons, and other man-made materials. Any of
these materials are appropriate.
[2]
Metal awnings and glass canopies detract from
the historic character of the community and are not appropriate.
(3)
Landscaping standards. The landscaping standards are
intended to maintain and enrich the character and beauty of the Town
through the regulation of landscaping which provides aesthetically
pleasing scenery, shelter and food for wildlife, natural boundaries
and buffers for people, and the control of erosion. The landscaping
in conjunction with the construction of a new building or an addition
to existing buildings, or major landscaping projects that significantly
alter the exterior appearance of a building that is used in whole
or in part for nonresidential purposes, is subject to approval by
the Design Review Board.
(a)
Materials.
[1]
Materials and types of vegetation for landscaping are too numerous
to list and most are acceptable; however, the material chosen shall
be visually compatible with the building.
[2]
The use of invasive species as listed by the University of Maine
Cooperative Extension is discouraged.
[Added 11-3-2009]
(b)
Design. The design of the landscape should enhance
the appearance of the building as well as the grounds. Landscaping
shall not block unique architectural features of the building or appear
disproportional to the lot and building size.
E.
[4]Standards for historic buildings. The standards, as applicable in the opinion of the Design Review Board, outlined in the United States Secretary of the Interior's Standards for the Treatment of Historic Properties, as most recently updated, shall apply to all preservation measures, demolition, relocation and renovations of buildings and structures classified as historic in accordance with § 125-112D(1). Additionally, the following standards apply:
[Amended 11-2-2004]
(1)
Preservation of an historic building. A building or
structure classified as historic, or any part or appurtenance, including
but not limited to stone walls, fences, light fixtures, steps, paving,
and signs, shall only be moved, reconstructed, altered, or maintained
in a manner which will preserve the historic and architectural character
of the building, structure or appurtenance. Provisions for handicapped
access as required by state and federal law shall be provided in a
manner which preserves the historic and architectural character of
the building or structure.
(2)
Demolition of an historic building. The Design Review
Board shall approve the issuance of a certificate of appropriateness
for the demolition of an historic building only if the property owner
shows that the preservation of the building is not consistent with
the purposes of this article, that the building cannot be preserved
because of the structural condition of the building, or the cost of
renovations makes its retention infeasible.
(3)
Relocation of an historic building. The Design Review
Board shall approve the issuance of a certificate of appropriateness
for the relocation of an historic building to another site only if
it is shown that the preservation on its existing site is not consistent
with the purposes of this article, that the building cannot be preserved
because of the structural condition of the building, or the cost of
renovations makes the retention infeasible.
(4)
Renovation or expansion of an historic building.
(a)
The design review requirements are intended
to preserve and protect, improve, and enhance the historic or architecturally
worthy buildings, structures, sites, monuments, streetscapes, squares
and neighborhoods of the district. Those buildings classified as historic
possess identified historic or architectural merit of a degree warranting
their preservation. Any building designated as historic shall retain
all of its original features to the maximum extent feasible. Modifications
or additions shall maintain the architectural style and treatment
of the original building.
(b)
The following standards shall apply to the renovation
or expansion of an historic building:
[1]
All materials shall match the original materials
in texture, dimension, color, location, and design.
[2]
Existing features such as porches, steps, handrails,
balusters, cornices, columns, lintels, windows, fixtures, hardware,
doors, and roofs shall be retained.
[3]
The design of any modification of or addition
to the existing building shall maintain the architectural style of
the existing building and shall conform to the existing treatment
with respect to trim and exterior finishes.
[4]
Handicapped access shall be located and constructed
so as not to obscure character-defining features of the entranceway
or porch.
[5]
Porches and steps shall not be enclosed in a
manner that destroys their intended appearance.
[4]
Editor's Note: Former Subsection E, Standards for signs, as
amended 11-4-2003, was repealed 6-9-2009. Said ordinance also redesignated
former Subsection F as Subsection E.
