Biddeford City Zoning Code
ARTICLE XV
Historic Preservation Ordinance
Section 1 Authority.
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.
Section 2 Purpose and intent.
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]
Section 3 Definitions.
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]
Section 4 Applicability.
[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.
Section 5 Historic districts and historic landmarks designated.
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]
Section 6 Eligibility for historic designation.
[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.
Section 7 Establishment of historic sites, landmarks, and new historic districts; expansion of existing historic districts.
[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.
Section 8 Historic Preservation Commission membership; meetings.
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.
Section 9 Responsibilities.
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]
Section 10 Certificate of appropriateness required.
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.
Section 11 Application for certificate of appropriateness.
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.
Section 12 Hearings and action on applications for certificates of appropriateness.
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]
Section 13 Evaluation standards for certificate of appropriateness.
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:
1.
See Article VI (Performance Standards), Section 59 (Signs).
2.
Sign size should be contextually compatible with the building or storefront facade. Signs should be placed so as to not obscure architectural details related to the building.
3.
Sign placement should respect adjacent signs and structures.
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.
Section 14 Demolition.
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.
Section 15 Exceptions to requirement for certificate of appropriateness.
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.
Section 16 Certificate validity.
All certificates of appropriateness, nonapplicability, and hardship shall be valid for no more than 12 months from the date of issuance.
Section 17 Appeals.
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]
Section 18 Enforcement.
Enforcement of this ordinance shall be as per Part III (Land Development Regulations), Article VIII (Administration, Enforcement, and Penalties).
Section 19 Structures or buildings identified as historically contributing.
[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.