The design review committee shall be responsible for conserving the cultural and architectural heritage of the town, providing technical design assistance to property owners, and promoting quality architectural design and historically sensitive building renovation as a means of sustaining economic vitality and stable property values.

(Ord. of 9-18-2001, § 13.1)

The design review committee shall have the authority to issue certificates of appropriateness for all jurisdictional activities within all designated historic overlay districts as provided in subdivision II of division 4 of this article and design review certificates in the downtown districts.

(Ord. of 9-18-2001, § 13.2)

The design review committee shall consist of five regular members and two alternate members appointed by the town council for staggered terms of two years each. Any vacancy on the design review committee shall be filled by the town council for the remainder of the unexpired term. Upon expiration of their terms, regular members and alternate members shall continue to serve until their successors are appointed and qualified.

(Ord. of 9-18-2001, § 13.3)

Decisions of the planning board on applications for a certificate of appropriateness or certificate of economic hardship are not appealable to the town board of appeals, but may be appealed to superior court pursuant to M. R. Civ. P. 80B.

(Ord. of 9-18-2001, § 13.8.1)

Appeals from the decisions of the town planner and code enforcement officer on applications for an administrative design review certification shall be made to the design review committee as follows:

(1)

Generally. The committee may affirm, reverse, or modify, in whole or in part, any order or decision of the Town Planner and Code Enforcement Officer on an application for Administrative Design Review.

(2)

Basis of appeal. All decisions to reverse or modify the existing administrative design review ruling shall be based solely on the majority finding of the committee that the aggrieved party meets at least two out of the following three criteria:

a.

An appeal from a decision of the town planner and code enforcement officer on an application for administrative design review must be filed in writing on forms provided by the planning department no later than 30 days after the date of issuance of the written decision. The grounds for the appeal shall be set forth on the appeal form.

b.

The decision constitutes an economic hardship and an unreasonable expense, in that alternative materials or construction methods are available that meet the performance standards and intent of subdivision II of division 7 of article VI of this chapter.

c.

The decision requires a design modification that devalues the property of the applicant or abutting property owners.

(3)

Appeal procedure. The appeal procedure is as follows:

a.

All aggrieved parties with standing may file an appeal within 30 days after receipt of a written decision of the town planner and code enforcement officer. The appeal shall be filed on forms provided by the planning department, and the aggrieved person shall explicitly set forth on such forms the grounds for his appeal.

b.

Within 30 days of the submission of a completed appeal application and the payment of all associated fees, the design review committee shall accept the appeal for consideration.

c.

Within 45 days of accepting an appeal application, the design review committee shall render a decision on whether to affirm, reverse in whole or in part, or modify the decision of the administrative review.

(4)

Repetitive appeals prohibited. Upon the denial of an appeal by the design review committee, a second appeal of a similar nature for the same property shall not be brought before the committee within one year of the date of denial by the committee of the first appeal, unless the majority opinion of the design review committee finds that:

a.

Substantial new evidence can be brought before the design review committee that would substantially alter the result of the decision; or

b.

The design review committee finds, in its sole and exclusive judgment, that an error or mistake of the law or misunderstanding of fact shall have been made.

(Ord. of 9-18-2001, § 13.8.2)

Decisions of the planning board on applications for design review certification are appealable to superior court pursuant to M. R. Civ. P. 80B.

(Ord. of 9-18-2001, § 13.8.3)

Prior to the issuance of a building permit or prior to the issuance of a site plan review or conditional use permit in the DD-1 and DD-2 districts, design review is required for the following activities:

(1)

Any structural modification, addition, demolition of all or any exterior part of existing nonresidential, mixed use, or multifamily residential structure.

(2)

Construction of a new principal or accessory nonresidential, mixed use, or multifamily residential building.

(3)

Construction or alteration of new or existing decks, porches, stairs, patios, fences, walls, and any other structure within view of a public street or sidewalk.

(4)

Installation, addition, or modification of signage.

(Ord. of 9-18-2001, § 13.7)

(a)

Administrative design review certificate. The following activities are subject to administrative review under this division:

(1)

Replacement, additions, or modifications to existing structural elements of a building visible from a public street or sidewalk within the downtown business districts.

(2)

Any expansion or addition to an existing building, providing the expansion or addition does not exceed 500 square feet in area.

(3)

Expansion or addition of decks, porches, stairs, installation of awnings, or construction of exterior fences and walls visible from a public street or sidewalk within the DD-1 and DD-2 districts.

(4)

All permanent signage not requiring a site plan or conditional use permit from the planning board.

(b)

Design review certificate. The following activities are subject to review by the design review committee and the planning board under this division:

(1)

Any new construction, expansion, or alteration to a building where the newly constructed, expanded or altered portion exceeds 500 square feet in area.

(2)

Demolition of any existing building or part of a building where the portion to be demolished exceeds 500 square feet in area.

(3)

Any activity listed in section 78-426 which requires a site plan and/or conditional use permit from the planning board.

(Ord. of 9-18-2001, § 13.7.1)

(a)

Application for administrative certificate. Application for an administrative review pursuant to this division shall be made to the planning department on forms provided by the department, and shall be accompanied by the following information:

(1)

Site plan of the proposed building modification or addition drawn at a scale not more than one inch equals 40 feet, showing the location of all existing and proposed site features, buildings, driveways and sidewalks, utility lines and lighting, signs, property lines and any other site improvement required by the planning department.

(2)

Building elevations of the proposed addition, alteration, or new construction, drawn at a scale not less than one-fourth inch equals one foot.

(3)

Catalogue cut sheets, scaled detail drawings, and/or shop drawings of architectural elements, lighting, signs, and/or materials.

(4)

Any supporting documentation or information requested by the planning department.

(5)

All fees for administrative review, as established by the town council, shall be paid in full prior to the acceptance of any application.

(b)

Application for a design review certificate. Application for a design review certificate shall be made to the planning department on forms provided by the department. Eight copies should be provided and shall be accompanied by the following information:

(1)

Site plan of the proposed building modification or addition drawn at a scale one inch equals 40 feet, showing the location of all existing and proposed site features, buildings, driveways and sidewalks, utility lines and lighting, signs, property lines and any other site improvement required by the planning department.

(2)

Building elevations of the proposed addition, alteration, or new construction, drawn at a scale not less than one-fourth inch equals one foot.

(3)

Catalogue cut sheets, scaled detail drawings, and/or shop drawings of architectural elements, lighting, signs, and/or materials.

(4)

If a structure in excess of 500 square feet in area is proposed to be demolished or removed, the applicant shall provide the committee with a detailed plan and strategy for the reuse of the property.

(5)

Any supporting documentation or information requested by planning board.

(6)

All fees for a design review certificate, as established on the application form, shall be paid in full prior to the acceptance of any application.

(Ord. of 9-18-2001, § 13.7.2)

(a)

Administrative certificate approval process. The approval process for issuance of an administrative certificate pursuant to this division is as follows:

(1)

Determination of a complete application. Within ten days of receiving the application, the town planner and code enforcement officer shall determine whether the application is a complete application and contains all relevant information necessary to make a reasonable and informed decision.

(2)

Decision. Within 30 days of ruling that the application is a complete application, the town planner and code enforcement officer shall approve or deny the issuance of an administrative certificate based on the application's conformance with the performance standards and design intent of the downtown business district requirements as outlined in subdivision II of division 7 of article VI of this chapter. If the town planner and code enforcement officer are unable to agree on a decision, they shall refer the application to the design review committee, which shall review and process the application under the provisions applicable to administrative review.

(3)

Denial by default. Failure to render a decision within the 30-day review period shall constitute a denial of the application by default.

(b)

Design review certification process. The design review certification process is as follows:

(1)

Submission. All applications for a design review certificate shall be submitted to the planning department on forms provided by the department at least ten days prior to the next regularly scheduled meeting of the design review committee.

(2)

Determination of a complete application. At its next regularly scheduled meeting, the design review committee shall determine whether the application is a complete application and contains all relevant information necessary for the board to make a reasonable and informed decision. If the application is lacking data required by the design review committee, the applicant shall provide the required information before the application is designated as being complete.

(3)

Decision and recommendations. Within 30 days of determining that the submission is complete, the design review committee shall render forward an assessment to the planning board based on the application's conformance with the performance guidelines of the downtown district requirements as outlined in subdivision II of division 7 of article VI of this chapter. Failure to render a decision within the 30-day review period shall represent a recommendation for denial of the application by default.

(4)

Planning board action. Design review certificates may be issued only by the planning board. When the project requires site plan or conditional use approval from the planning board, the assessment of the design review committee, pursuant to subsection (b)(3) of this section shall be considered by the planning board as part of its deliberations on the site plan and conditional use permit. The design review certificate shall be issued as part of the site plan or conditional use approval. For applications where site plan or conditional use approval is not required, the planning board shall issue a separate design review certificate. When the planning board determines that the applicant is in conflict with the guidelines of subdivision II of division 7 of article VI of this chapter, the planning board may require the applicant to return to the design review committee for resolution of the design conflicts.

(Ord. of 9-18-2001, § 13.7.3)

To ensure that the terms and conditions accompanying any issuance of an administrative or design review certificate are met pursuant to this article, the applicant shall submit a fully executed performance assurance to the planning department in a form and amount specified by the planning board under section 78-217 and prior to the issuance of a building permit, a certificate of occupancy, or the commencement of the approved activity.

(Ord. of 9-18-2001, § 13.7.4)

Any structural modification, addition, or demolition of all or any exterior part of existing structures, site elements, objects, or any construction activity within a historic district shall first be required to obtain a certificate of appropriateness in accordance with all procedures and criteria outlined in this division.

(Ord. of 9-18-2001, § 13.4)

The following activities in a historic preservation district require the issuance of a certificate of appropriateness:

(1)

Any exterior alteration or new construction requiring a building permit, including but not limited to the following:

a.

Demolition or relocation of principal and accessory buildings.

b.

Removal or replacement of any architectural detailing, including cornice brackets and cornices, porches, steps, columns, spindles, window moldings.

c.

Construction of building additions; alterations of rooflines; and decks, porches and exterior stairs.

d.

Window or door replacement requiring enlargement of an opening.

e.

Installation of solar panels or satellite dishes over 18 inches in diameter or antenna height over ten feet above the ridgeline.

(2)

Any exterior alteration that does not require a building permit but does involve any of the following:

a.

Siding replacement or installation.

b.

Window replacement.

c.

Site features such as fences, walls, or site regrading.

(3)

Installation, modification, or alteration of signage.

(Ord. of 9-18-2001, § 13.4.1)

(a)

Standards for alterations. The design review committee shall consider the following criteria in determining the appropriateness of any proposed alteration or modification to existing structures, site improvements, or major landscape elements within a historic district:

(1)

The activity makes every reasonable effort to provide a compatible use that requires minimal exterior alteration to the buildings, site features, or landscape of the property.

(2)

The distinctive and original character of the structure, site, or landscape is maintained. Attention must be made to retaining architectural detailing such as original moldings, brackets, columns and spindles.

(3)

Proposed alterations are consistent with the architectural period of the structure and its additions. Attempts to alter the structure to reflect an earlier or later architectural style shall be discouraged.

(4)

Contemporary additions and alterations shall not be discouraged, provided the alterations or additions are compatible with the scale, height, color, and material character of the property and other structures in the district.

(5)

Deteriorated architectural details shall be restored whenever possible. Missing architectural features shall replicate the existing details in form, materials and color. Entire replacement of deteriorated features shall match the historic period of the original structure in style, scale, and material.

(b)

Standards for new construction. New construction including additions to existing structures and site improvements such as fences, decks, and porches and major new introductions of landscape elements shall receive a certificate of appropriateness prior to the issuance of site plan approval or a building permit contingent upon compliance with the criteria listed in this subsection. The intent of this subsection is to preserve the existing historic and visual character of the district, and not to re-create historic structures where none exist. To this end, contemporary design in new construction and additions shall be encouraged providing the design is responsive to the following architectural performance criteria:

(1)

Scale and form. Standards for scale and form are as follows:

a.

Proportion of height and width. The absolute height, width, and the relative proportion of height and width of any proposed new construction shall be visually compatible with surrounding principal structures as observed from the street, sidewalk, or public open space.

b.

Roof shape. Proposed roof pitches, orientations, and overall roof shape shall be visually compatible with those of surrounding structures, as observed from the street and/or sidewalk.

c.

Scale. The size and mass of proposed structures in relation to open spaces, windows, doors, porches, and stairs shall be visually compatible with principal structures and public spaces to which they are visually related.

d.

Distinguishing character. Additions, alterations, and modifications to existing structures shall not eradicate or subordinate the distinguishing character of the original structure, object, or landscape unless it is demonstrated that the original structure was or is of negligible architectural or historic value. Special care shall be taken to preserve historic or architecturally distinctive features or materials.

(2)

Facade treatment. Standards for facade treatment are as follows:

a.

Fenestration. The rhythm and proportion of voids (windows and doors) to solids (facade) of proposed new structures shall be compatible with other principal structures within the historic district.

b.

Entrances, porches, dormers and other projections. The rhythm and proportion of building entrances, porches, dormers, and similar projections shall be visually compatible with the predominant rhythm of similar facade elements within the district.

c.

Facade materials. Facade materials shall be of similar composition, texture, and color, excepting paint, as the predominant building materials within the district and especially of those structures to which the new construction is visually related.

(3)

Site layout and relationship to street. Standards for site layout and the relationship to the street are as follows:

a.

Building lines. New structures, fences, walls, signage, and landscape massing shall be sited so as to maintain the prevailing building lines and vertical planes of enclosure along public streets and sidewalks.

b.

Rhythm of structures. Proposed structures shall be sited to maintain the predominant side yard setbacks between buildings within the district and the rhythm of open space to buildings along the street.

c.

Directional expression. Wherever possible, the predominant horizontal, vertical, or nondirectional expression of existing structures, objects, and open spaces within the district should be reflected in the design of proposed structures.

d.

Signage. All proposed signage shall be visually linked to the scale, size, materials, and exterior lighting of the principal structure and of the surrounding structures within the district.

(Ord. of 9-18-2001, § 13.4.2)

(a)

Submission. All applications for a certificate of appropriateness as provided in this subdivision shall be submitted to the planning department on forms provided by the department at least ten days prior to the next regularly scheduled meeting of the design review committee. The application shall be accompanied by all fees as determined by the town council.

(b)

Determination of complete application. At the next regularly scheduled meeting of the design review committee, the committee shall determine whether the application is a complete application and contains all relevant information necessary to make a reasonable and informed decision.

(c)

Decision. Within 60 days of determining that the submission is complete, the design review committee shall determine whether the proposed activity complies with the performance standards of section 78-353 and adheres to the spirit and intent of this article and shall vote to either grant, deny, or grant with conditions the submitted application. Failure to render a decision within the 60-day review period shall represent a denial of the application by default.

(d)

Public hearings. The design review committee may hold a public hearing of the proposed application at any time during the 60-day review period to hear testimony from any member of the public regarding the application. The committee shall close the public hearing before the committee renders a decision.

(Ord. of 9-18-2001, § 13.4.3)

(a)

Notice required. Property owners wishing to demolish or remove any structure constructed prior to 1930, other than a minor accessory structure, such as a tool shed or storage shed, not exceeding 80 square feet in floor area, shall file a notice of demolition with the design review committee, and no certificate of appropriateness for the proposed demolition shall be issued earlier than three months after the filing of such notice. In addition, the property owner shall publish three legal notices of the intent to demolish or remove the structure in a newspaper having a daily circulation in the town. The first notice shall be published no later than 15 days after the design review committee officially accepts the notice of demolition, while the last notice shall be published no later than 15 days prior to the date of the intended demolition or removal.

(b)

Actions to avert demolition. The intent of the notice of demolition is to provide an opportunity for the design review committee or interested parties to either negotiate with the property owner for preservation of the structure or seek an interested party to purchase or relocate the structure for the purpose of preserving it.

(c)

Waiver of notice of demolition. The design review committee may waive the three-month negotiation period cited in subsection (a) of this section if any of the following conditions are determined by the committee to exist:

(1)

The town council has declared the building to be an imminent hazard to public safety and health and has ordered its demolition.

(2)

The building has been altered to such an extent that the original form and architectural character cannot be reasonably restored.

(3)

The building has negligible architectural, historic, or cultural significance.

(4)

The applicant is issued a certificate of economic hardship from the design review committee.

(Ord. of 9-18-2001, § 13.4.4)

The code enforcement officer shall issue a certificate of nonapplicability for any activity within a historic district that meets one of the following criteria:

(1)

The proposed work is determined not to require a certificate of appropriateness.

(2)

The proposed work consists solely of normal maintenance, repair, and/or restoration.

(3)

The proposed work is of an emergency and temporary nature.

(4)

The code enforcement officer determines that the proposed activity involves alteration of a structure or a portion of a structure that is not visible within a viewpoint five feet above a public sidewalk, street, or pedestrian easement.

(5)

As a result of an appeal, the design review committee, or the court rules that subsections (1), (2) and/or (3) of this section are applicable.

(6)

The property owner is able to obtain a ruling of economic hardship from the design review committee.

(Ord. of 9-18-2001, § 13.5)

The design review committee may grant a certificate of economic hardship to an applicant which shall permit the applicant to modify or rehabilitate an existing historic structure in a manner contrary to the design performance standards of section 78-353 or demolish a historic structure built prior to 1930.

(Ord. of 9-18-2001, § 13.6.1)

The design review committee may issue a certificate of economic hardship pursuant to this subdivision to an applicant provided that the applicant demonstrates to the board's satisfaction that all four of the following criteria apply to the applicant's property:

(1)

The building has been altered to such an extent that the original form and architectural character cannot be reasonably restored;

(2)

The building has negligible architectural, historic, or cultural significance;

(3)

The applicant provides documentation from licensed appraisers and professional engineers or architects, experienced in the restoration of historic structures, that the cost of restoring the original condition of the facade or the structural integrity of the historic building's framing will not be economically feasible; and

(4)

The economic hardship is not the result of any negligence or deliberate action taken by the property owner since the promulgation of this chapter.

(Ord. of 9-18-2001, § 13.6.2)

All applications for a certificate of economic hardship as provided in this subdivision shall be governed by the same review process required to apply for a certificate of appropriateness, as outlined in section 78-354.

(Ord. of 9-18-2001, § 13.6.3)