Ogunquit City Zoning Code
ARTICLE 11
Design Review
§ 225-11.1 Purpose.
A.
General purpose. The Town of Ogunquit includes mixed residential and business uses consisting predominantly of buildings constructed before December 31, 1930. They include many significant historic buildings which contribute a variety of architectural styles, other buildings which contribute to the historic setting, and a number of contemporary buildings. The purpose of this article is to promote the educational, cultural, economic, and general welfare of the Town of Ogunquit, to provide for the protection and preservation of buildings, structures and places of historic, architectural, cultural, or neighborhood significance or value as defined below, all of which confer historical significance, and to promote design which is compatible with the present character of Ogunquit and consistent with Chapter 97, Historic Preservation, of the Town Code.
[Amended 6-12-2012]
B.
Specific intent. It is the specific intent of this article to:
(1)
Encourage the continued use of existing historically or architecturally important buildings and those which contribute to the character of the district and discourage their demolition or removal;
(2)
Prevent inappropriate alterations of buildings of historical significance in the appropriate districts;
(3)
Assure that new buildings are designed and built in a manner compatible with the character of the district in terms of scale and visual effect; and
(4)
Assure that changes to contemporary buildings and new construction in the district do not detract from adjacent buildings with historical significance.
§ 225-11.2 Definitions.
Notwithstanding the definitions in Article 2 of this chapter, for purposes of this article the following terms shall have the following meanings:
A building or structure shall be deemed to have architectural significance if it embodies distinctive characteristics of a type, period, or method of construction, represents the work of a master architect or builder, or possesses high artistic value.
Unless otherwise specified, "Board" shall mean the Planning Board.
Wherever the word "building" is used, it also refers to all structures and places (i.e., cemeteries, parks, etc.) which may or may not have buildings located on them and which are classified under this article.
In this article, "district" refers to the Downtown Business District, the General Business Districts 1 and 2, the Limited Business District, the Shoreland General Development 1 District, the Shoreland General Development 2 District, the Shoreland General Development 3 District, or the district in which a use, structure or building subject to the requirements of this article lies.
[Amended 6-11-2019 ATM by Art. 5]
A building or structure shall be deemed to have historical significance if it is associated with events which have contributed to the formation and development of the Town of Ogunquit, if it is associated with the lives of people who have been important to the community, if it is determined to have historical, architectural, cultural or neighborhood significance, or if it is listed in the National, Maine, or Ogunquit Historic Register.
[Amended 4-1-2006]
A modification to the architectural style, general design and general arrangement of the exterior of a building or structure, including:
The kind and texture of the building materials and the type and style of all windows and doors; or
Other appurtenant fixtures connected to a building, such as awnings, automated teller machines, pay telephones, and the like; or
Other site features such as walks, driveways and parking areas.
Any activities that affect the exterior of buildings or accessory structures or require a building permit are also included in this definition, unless expressly exempted from design review pursuant to § 225-11.4 below.
A building shall be deemed to have neighborhood significance if it contributed to the creation of a physical setting representing a period important in the evolution of the Town. It is understood that the physical setting, which is composed of buildings, landscape features and open space, and other natural and architectural features, can transcend the sum of its parts in creating a sense of history. Some examples of situations in which a building would have neighborhood significance are: it is one of a group of similar buildings constructed and/or designed by an individual important in Ogunquit history; it is a compatible element in a group of buildings of similar or equally important significant architectural styles; its location (e.g., on a corner lot, on a rise of land, on a curve, on a large parcel of land, as the first building to visually introduce an important group of buildings) makes it an important element in the neighborhood; its size gives it a dominant place in the neighborhood.
A street or way for the passage of vehicles and/or pedestrians, either accepted by the municipal legislative body and owned by the Town of Ogunquit or owned by the state or federal government. The term as used in this article shall not include public beaches, public parks or any other types of public properties or facilities.
[Amended 4-1-2006]
The rebuilding, or constructing again, of a building or part of a building. The reconstruction may or may not be a return to the original design of the building.
The upgrading of a building, previously in a dilapidated or substandard condition, for human habitation or use. Rehabilitation does not necessarily retain the building's original architectural features.
The replication or reconstruction of a building's original architectural features. Restoration usually describes the technique of preserving historic buildings.
It shall be deemed a violation of this article if an applicant fails to comply with the plans and conditions as approved by the Planning Board when it issued the design certificate, or if any activity listed in § 225-11.3 is carried on without first obtaining a design certificate which permits the activity to proceed.
It is not the intent that all buildings in a neighborhood should look the same, but that a mix of styles, sizes, etc., that blend together well shall be allowed and that facade designs erected prior to December 31, 1930, be encouraged, although not necessarily required.
[Amended 6-12-2012]
§ 225-11.3 Design certificate.
[Amended 4-1-2006]
In considering applications for permits, the Planning Board shall use the guidelines appearing in § 225-11.6 of this article. A design certificate, issued by the Planning Board, shall be required before a permit to proceed is issued for any of the following activities within the district, as defined by this article:
A.
Any demolition of a building or portion thereof within the district, whether or not it is visible from a public street or public right-of-way;
B.
Any moving or relocation of a building within the district, whether or not it is visible from a public street or public right-of-way;
C.
Any material change in the exterior appearance of existing buildings, driveways or parking areas within the district by additions, reconstruction or other alteration, only if it is visible from a public street or public right-of-way; and
[Amended 4-5-2008]
D.
Any new construction of a building or accessory building or structure within the district, only if it will be visible from a public street or public right-of-way.
E.
Any new or existing lighting revisions.
[Added 6-8-2021 ATM by Art. 8]
§ 225-11.4 Exemptions.
[Amended 6-12-2012]
A.
The following changes, when proposed to affect buildings constructed after December 31, 1930, shall not be deemed material changes, as defined in § 225-11.2 above, and therefore shall be exempted from a design review by the Planning Board:
(1)
Skylights of 5.7 square feet or less in area individually, and collectively covering less than 15% of the total roof area.
(2)
Replacement of doors and windows with modern materials, in same style and configuration, with no significant change in size of wall openings.
(3)
Erection of residential satellite dishes with a maximum diameter of two feet or erection of conventional residential television antennas with a maximum longest dimension of four feet.
(4)
Erection of photovoltaic cells or solar hot water heaters servicing any type of dwelling unit, except for a dwelling accessory to business; above ground floor, as classified by Table 702.1.[1]
[1]
Editor's Note: Table 702.1 is included as an attachment to this chapter.
(5)
Erection of the following structures, only if not visible from a public way: residential storage sheds, private residential swimming pools, hot tubs, gazebos, and pergolas.
(6)
Erection of devices, ramps, accessways, elevators or other structures for the purpose of making a residence handicapped-accessible.
(7)
Installations of NFPA 96 exhaust systems for restaurants, installed on walls or roofs.
(8)
Replacement of siding and roofing materials with the same or modern materials, in the same style and configuration.
(9)
Addition of weather vanes.
(10)
Awnings, without internal lighting, supported only by attachment to the building, without support columns or fabric/vinyl walls.
(11)
Means of egress required under NFPA 101 Life Safety Code.
B.
A design review by the Planning Board shall not be required for signs and fences accessory to buildings either existing on December 31, 1930, or constructed after December 31, 1930, or whether located on private or public property. Signs shall be regulated by the provisions of § 225-8.12, and fences shall be regulated by the provisions of § 225-8.6.
C.
Any material changes other than those expressly exempted by this section shall be subject to a design review by the Planning Board.
§ 225-11.5 Planning Board review.
A.
The Board may, from time to time, issue publications describing design guidelines which further the purposes of this article.
B.
The Board shall have the right to retain the services of professional help required in carrying out the purposes of this article. Any expenses incurred in the retention of such professional assistance shall be borne by the applicant, not to exceed 1% of the cost of the project.
C.
The Board shall, at its regular meetings, review applications for design certificates. All meetings of the Board shall be open to the public, and a public record shall be kept of the Board's resolutions and decisions. The Land Use Office shall notify the Ogunquit Historic Preservation Commission (OHPC) of any application for activities required to obtain a design review certificate under § 225-11.3 that affect buildings within the district constructed prior to December 31, 1930. The OHPC shall be requested to comment on whether the application meets the standards of § 225-11.7 of this chapter and Chapter 97, Historic Preservation, of the Town Code. Members of the OHPC shall be invited to participate in any scheduled hearings or meetings on the application.
[Amended 6-12-2012]
D.
The Board may hold a public hearing on an application. Public notice requirements shall be as follows:
(1)
If the Board decides to hold a public hearing prior to making a decision on a design review application, the Planning Board Chair shall notify, by U.S. first class mail, the applicant and the owners of all abutting properties, at least 10 days in advance of the hearing. Notification shall include the nature of the application and the time and place of the public hearing. Notice of the hearing shall also be published twice in a newspaper of local circulation, with the first advertisement appearing at least seven days in advance of the hearing. In addition, the notice of the hearing shall be posted in at least three prominent public places within the Town at least 10 days prior to the hearing.
[Amended 6-12-2012]
(2)
For the purpose of this article, the owners of property should be considered to be the parties listed by the Tax Assessor of the Town as those against whom taxes are assessed. Failure of any property owner to receive a notice of a design review public hearing shall not necessitate another hearing or invalidate any action by the Board.
(3)
The Code Enforcement Officer, Planning Consultant, or the Town Planner shall attend all hearings and shall present to the Board all plans, photographs or other material he deems appropriate for an understanding of the application.
[Amended 4-1-2006]
§ 225-11.6 Application for design certificate.
[Amended 4-7-2007]
A.
The application for a design certificate shall be made in the Land Use Office on forms provided therefor at least 14 days prior to the Planning Board meeting at which it will be reviewed. Each application shall be accompanied by:
(1)
A site plan showing the subject property and its context.
(2)
Elevations of each side of the proposed building to be constructed or altered, at a scale of at least 1/4 inch equals one foot, and in the case of alterations, showing conditions before and after the proposed alteration.
(3)
Photographs of the site and existing buildings and such additional sketches, drawings, photographs, descriptions or other information showing the proposed alterations, additions, changes or new construction as may be required for the Board to make a decision.
(4)
A lighting plan which demonstrates compliance with the Town's Lighting Ordinance (§ 225-8.7 of this chapter).
[Added 6-8-2021 ATM by Art. 8]
(5)
Estimates of the construction cost for proposed new buildings or proposed new building additions.
(6)
Proposed new buildings or proposed new building additions with a value of construction estimated to be $2,000,000 or greater require a visual impact assessment. An applicant's visual impact assessment should visualize the proposed activity and evaluate potential adverse impacts of that activity on existing scenic and aesthetic uses, and determine effective mitigation strategies, if appropriate. If required, a visual impact assessment must be prepared by a design professional trained in visual assessment procedures, in the following manner:
(a)
In all visual impact assessments, scenic resources within the viewshed of the proposed activity must be identified and the existing surrounding landscape must be described. The assessment must be completed following standard professional practices to illustrate the proposed change to the visual environment and the effectiveness of any proposed mitigation measures. The radius of the impact area to be analyzed must be based on the relative size and scope of the proposed activity given the specific location. Areas of the scenic resource from which the activity will be visible, including representative and worst-case viewpoints, must be identified. Line-of-sight profiles constitute the simplest acceptable method of illustrating the potential visual impact of the proposed activity from viewpoints within the context of its viewshed. A line-of-sight profile represents the path, real or imagined, that the eye follows from a specific point to another point when viewing the landscape. For activities with more sensitive conditions, photo simulations and computer-generated graphics may be required.
(b)
A visual impact assessment must also include narratives to describe the significance of any potential impacts, the level of use and viewer expectations, measures taken to avoid and minimize visual impacts, and steps that have been incorporated into the activity design that may mitigate any potential adverse visual impacts to scenic resources.
B.
The Code Enforcement Officer, Planning Consultant, or the Town Planner shall place the application for a design certificate on the next Planning Board meeting agenda. The Board shall act upon the application within 30 days of finding the application complete, making findings of fact and conclusions as to whether the design guidelines in § 225-11.7 will be met by the proposed changes. If the Board does not act within 30 days, the application is deemed to be not approved and a design certificate shall not be issued. If the activity which necessitates a design certificate is part of an activity which also requires a site plan review from the Planning Board, the Planning Board shall combine the two proceedings.
C.
Nothing herein shall prohibit an extension of time, by a formal action for a specific period of time, for review and approval of the application if the applicant and the Board have mutually agreed that more information or discussion is required. Unless the Board disapproves an application, a design certificate shall be issued to the applicant in written form.
D.
If an activity regulated by this article also requires a building permit, the permit shall not be issued until the design certificate is granted.
E.
The Board may require an irrevocable letter of credit or performance bond prior to the issuance of a building permit.
§ 225-11.7 Design guidelines.
[Amended 6-12-2012]
A.
Activities required to obtain a design review certificate under § 225-11.3 and affecting buildings existing within the district on December 31, 1930.
(1)
Reconstructing, altering or maintaining buildings existing within the district on December 31, 1930. Any building, or any part or appurtenance thereof, shall be reconstructed, altered or maintained only in a manner that will preserve its historical and architectural significance. When making that determination, recognition shall be given to the design and past relationship with surrounding buildings.
(2)
Demolition, removal or relocation of buildings existing within the district on December 31, 1930.
(a)
The Planning Board shall initially determine whether the building or structure is historically or architecturally significant in accordance with the definitions in this article. If the building is judged insignificant or its location is judged not to contribute to its historical or architectural significance, the Board shall approve the design certificate to permit its demolition, removal or relocation.
(b)
If the Planning Board determines that the building or structure is historically or architecturally significant or derives its historical or architectural significance due to its location, it shall deny the application for the design certificate and prohibit its demolition, removal or relocation. The applicant may appeal such a denial to the Select Board within 30 days of the Planning Board decision. The Select Board shall take one of the following actions, after making its own findings of fact and conclusions:
[1]
Uphold the Planning Board's decision to prohibit the demolition, removal or relocation and deny the appeal; or
[2]
Uphold the Planning Board's decision to prohibit the demolition, removal or relocation and deny the appeal and recommend at a Special or Annual Town Meeting for the Town to acquire a historic easement on the property, pursuant to § 225-11.10 of this article; or
[3]
Before reversing the Planning Board's decision to prohibit the demolition, removal or relocation and approving the appeal, the Select Board shall require the applicant to wait 120 days until the design certificate is issued, so that the Ogunquit Historic Preservation Commission, Planning Board, and owners may have an opportunity to negotiate about alternative solutions to preserve the structure or site. If negotiations to preserve the structure or site are unsuccessful during the waiting period, after 120 days the Select Board shall reverse the Planning Board's decision, approve the appeal, and issue the design certificate to permit its demolition; or
[4]
Reverse the Planning Board's decision and immediately approve the design certificate to permit its demolition, upon finding that the building or structure is a nuisance or dangerous, in accordance with 17 M.R.S.A. § 2851 et seq.
(c)
When repair or reconstruction of a structure damaged by fire, accident, or an act of God would cost more than 50% of the market value of the structure before the damage occurred, the building may be restored to its original design, or demolished and replaced with new construction, subject to a design certificate issued by the Planning Board in accordance with the provisions of this article. Damage to a structure by neglect or deferred maintenance shall not be considered for the purposes of interpreting this subsection.
B.
Activities required to obtain a design review certificate under § 225-11.3 and affecting buildings which did not exist on December 31, 1930. The construction, reconstruction, alteration or moving or any building and its appurtenances built after 1930 shall be generally of such design, size, building material, texture, and location on the lot as will be compatible with other buildings in the district and particularly those in existence on December 31, 1930. The intent of this article is not to require that a contemporary or post-1930 building be constructed or altered to meet a specific architectural style (i.e., colonial, federal, etc.). Rather, compatibility with other buildings shall be determined by factors such as type and style of buildings previously on the parcel, historical design of the buildings and relationship with surrounding buildings.
C.
Design guidelines for all buildings within the district required to obtain a design review certificate under § 225-11.3, Newly constructed buildings, reconstructed buildings and existing buildings, as well as their appurtenances which have been altered, repaired or moved, shall be visually compatible with the buildings, squares and places to which they are visually related, and particularly with nearby or adjacent buildings in existence on December 31, 1930, in terms of the following factors:
(1)
Scale of the building. The scale of a building depends on its overall size, its mass in relationship to the open space around it, and the sizes of its doors, windows, porches and balconies. The scale gives a building "presence," that is, it makes it seem big or small, awkward or graceful, overpowering or unimportant. The scale of a building should be visually compatible with its site and neighborhood.
(2)
Height. A sudden dramatic change in building height can have a jarring effect on the streetscape, i.e., the way the whole street looks. For example, a tall building can shade its neighbors or the street. The height of a building should be visually compatible with the heights of the buildings in the neighborhood.
(3)
Proportion of building's front facade. The first impression a building gives is that of its front facade, the side of the building which faces the most frequently used public way. The relationship of the width to the height of the front facade should be visually compatible with that of its neighbors.
(4)
Relationship of solids to voids in front facades. When one looks at any facade of a building, one sees openings such as doors or windows (voids) in the wall surface (solid). Usually the voids appear as dark areas, like holes, in the solid and are quite noticeable, setting up a pattern or rhythm. The pattern of solids and voids in the front facade of a new or altered building should be visually compatible with that of its neighbors.
(5)
Proportions of opening within the facility. Windows and doors come in a variety of shapes and sizes; even rectangular window and door openings can appear quite different, depending on their dimensions. The relationship of the height of windows and doors to their width should be visually compatible with the architectural style of the building and with that of its neighbors.
(6)
Roof shapes. A roof can have a dramatic effect on the appearance of a building. The shape and proportion of the roof should be visually compatible with the architectural style of the building and with those of neighboring buildings.
(7)
Relationship of facade materials. The facades of a building are what gives it character, and the character varies depending on the materials of which the facades are made and their textures. In Ogunquit, many different materials are used on facades: clapboards, shingles, patterned shingles, brick, depending on the architectural style of the building. The facades of a building, particularly the front facade, should be visually compatible with those of other buildings around it.
(8)
Relationships of spaces to buildings on streets. The building itself is not the only thing one sees when one looks at it; one is also aware of the space around the building. Looking along a street, the building and open spaces set up a rhythm. The rhythm of spaces to buildings should be considered when determining visual compatibility, whether it is between buildings or between a building and the street.
(9)
Site features. The size, placement and materials of walls, fences, signs, driveways and parking areas may have a visual impact on a building. These features should be visually compatible with the building and neighboring buildings.
(10)
Architectural, historical or neighborhood significance. These factors shall be considered with regard to buildings existing on December 31, 1930. The reconstruction, alteration, maintaining or moving of such buildings should be done in a manner as to preserve their architectural, historical or neighborhood significance. The construction, reconstruction, maintenance or moving or post-1930 buildings should be done in a manner which is visually compatible with the architectural, historical or neighborhood significance of buildings existing on December 31, 1930.
§ 225-11.8 Appeals of design review decisions.
[Amended 4-1-2006]
Appeals from a decision of the Code Enforcement Officer, Planning Consultant, or the Town Planner regarding the necessity for a design certificate may be taken to the Board of Appeals as an administrative appeal, pursuant to Article 5 of this chapter. Appeals from a decision of the Planning Board regarding the issuance or denial of a design certificate shall be taken to the Maine Superior Court in accordance with Maine law.
§ 225-11.9 Article review.
On or about the second anniversary of the passage of the Design Review Article, the Planning Board shall conduct a review of its effectiveness and submit amendments or other changes, if appropriate. At that time, the Planning Board shall determine if it wishes to continue a biannual review of the article.
§ 225-11.10 Acquisition of historic easements.
The Town may acquire, by purchase or donation, historic easements in any area within its jurisdiction wherever and to the extent that the Select Board, upon recommendation of the Board, determines that the acquisition will be in the public interest. For the purpose of this article, the term "historic easement" means any easement, restriction, covenant or condition running with the land, designed to preserve, maintain or enhance all or part of the existing state of places of historic, architectural, or neighborhood significance.
§ 225-11.11 Ordinary maintenance allowed; public safety.
A.
Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior feature in the district which does not involve a change in design, material or outer appearance.
B.
Nothing in this article shall prevent the construction, reconstruction, alteration, restoration or demolition of any such feature which the Code Enforcement Officer shall certify is required by the public safety because of an unsafe or dangerous condition.
§ 225-11.12 Enforcement.
[Amended 4-1-2006]
A.
The Code Enforcement Officer shall enforce the provisions of this article, and may inspect, from time to time, those buildings, structures and any appurtenances for which a design certificate has been issued, to ensure compliance with the terms contained in the certificate.
B.
A design certificate secured under the provisions of this article shall expire if the work is not commenced within one year of the date on which it is granted or if the work is not completed within two years of the date on which the certificate is granted. An extension of one year from either deadline may be granted by the Board, upon written request. A single, additional one-year extension from either extended deadline may be granted upon a further written request, but only upon a showing of special circumstances that are beyond the control of the applicant. This provision shall be effective for any design certificate approved after June 8, 2010, or any prior design certificate approval that had not expired as of January 1, 2010.
[Amended 6-8-2010]
§ 225-11.13 Violations and penalties.
Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be punished in accordance with 30-A M.R.S.A. § 4452.
§ 225-11.14 Injunctions.
Wherever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this article, the Code Enforcement Officer shall make application to the District Court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation, or to remedy such violation by restoring the affected property to its previous condition. Upon a showing by the Code Enforcement Officer that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other appropriate order shall be granted without bond.
§ 225-11.15 Severability.
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and the application of such provisions to other persons or circumstances shall not be affected thereby.
§ 225-11.16 Fees.
All applications for design review approval shall be accompanied by a fee as prescribed by the Select Board.