Protect Saco's historic, architectural and cultural heritage. The economic well-being of the City will be strengthened by preserving its architectural and historic setting, conserving property values in unique areas, fostering civic beauty, and promoting the use of historic or architecturally significant buildings for education and welfare of the public.

Assist property owners with maintaining the architectural integrity of the district.

Protect, preserve and enhance the outward appearance and architectural features of structures.

Prevent the demolition or removal of significant historic buildings or structures within designated districts or designated sites or landmarks.

Preserve, protect and enhance the essential character of designated districts by protecting relationships of groups of buildings and structures.

Accept new buildings and structures which are designed and built in a manner which is compatible with the character of the district.

Promote the educational, cultural, economic and general welfare of the people of the City.

Membership. The Commission's membership shall be comprised of regular members, associate members, and advisory members.

Appointment. Members of the Historic Preservation Commission (the Commission) shall be appointed by the Mayor subject to approval by the City Council.

Qualifications. The Commission shall include five regular members and up to five associate members. All members shall be residents of the City of Saco. Appointments shall be made on the basis of demonstrated interest, knowledge, ability, experience and desire to promote historic preservation in Saco. It is preferred that the members have architectural design skills or experience related to historic preservation, such as history, architectural history, landscape architecture, planning, engineering, law, archaeology and building construction.

Length of term and vacancies. Regular and associate members shall serve terms beginning July 1 and ending June 30. Commission members shall serve for terms of three years, except in those instances in which the appointment is made to fill a vacancy, in which case the appointment shall be for the remainder of the unexpired term. The Mayor shall act within 60 days to fill a vacancy. Members may be reappointed.

Compensation. Regular and associate members shall serve without compensation.

Associate members. At least one associate member shall be a resident of the historic district. Associate members shall participate in all hearings and discussions. They shall vote only if the Chairman appoints an associate to act in place of the regular member who is absent, has resigned, or has been disqualified because of a conflict of interest.

Advisory members. In addition to the regular and associate members, the City Council may appoint other persons who shall serve on an advisory or consultant basis to assist the members of the Commission in the performance of their functions. Advisory members are not required to be residents. Advisory members shall not vote.

Removal. Any regular or associate member may be removed for cause by the City Council upon receipt of written charges, followed by a public hearing.

Officers. The Commission shall elect annually a Chairperson and Vice Chairperson from the regular members.

Quorum. Four members shall constitute a quorum for the transaction of business before said Commission.

The City Planning and Development Department shall be the authorized agent of the Commission, to whom the Commission may delegate any duties.

Meetings. All meetings of the Commission shall be publicly announced, open to the public and have a previously available agenda. Public notice shall be issued 10 days prior to meetings of the Commission.

Records. The City Planning and Development Department shall maintain a permanent record of the activities of the Commission, including, but not limited to such items as the number and type of cases reviewed and their disposition, new designations of historic sites, landmarks and districts, resumes of Commission members, attendance records, appointments to the Commission, correspondence and minutes of all meetings.

Rules of procedure. The Commission may adopt and amend rules of procedure.

Applications. The Commission may adopt rules governing the requisite exhibits for applications.

Gifts, grants, funding. The Commission may, subject to appropriations by the City Council or others, employ clerical and technical assistants or consultants, and may apply for and accept grants, money gifts, or gifts of services, and may hold or expend the same for all or any of the purposes of historic preservation in the City of Saco. A nonlapsing fund for gifts and grants shall be established by the City's Finance Department. Appropriations from the City Council shall be managed in accord with City policies and shall lapse each year if unexpended.

Advise, and inform City officials and owners of historic buildings, structures or sites, regarding preservation, renovation, and rehabilitation.

Advise and inform owners regarding compliance with the requirements of this section.

Make recommendations for establishing historic districts, historic sites, or historic landmarks.

Review all proposed additions, reconstruction, alterations, construction, removal, or demolition of properties that are subject to the commission's jurisdiction.

Review all proposed National Register nominations in Saco, and proposals for eligibility.

Comment on (federal) Section 106 reviews.

Serve as an advisor to City officials regarding local historical and cultural resources and act as a liaison between local government and those persons and organizations concerned with historic preservation. Conduct or cause to be conducted a continuing survey of local historic and cultural resources, in accordance with Maine Historic Preservation Commission guidelines.

At the direction of the council, to prepare application for, and participate in, the "certified local government" (CLG) program of the National Historic Preservation Act Amendments of 1980 and the Maine Historic Preservation Commission; and carry out any responsibilities delegated to it under that program, including review and comment on any National Register nominations submitted to the historic preservation board; upon request of the council, participate in any review of federal actions or undertakings pursuant to Section 106 of the National Historic Preservation Act; attend informational and educational programs sponsored by the Maine Historic Preservation Commission; and prepare an annual report of the activities of the historic preservation board.

Work to provide local citizens with continuing education on historic preservation issues.

Undertake other duties as deemed necessary or desirable by its members to advance the purposes of this section.

Cooperate with federal, state and City officials in the pursuance of the objectives of historic preservation.

Participate in land use planning efforts of the City, state and federal government.

History of Saco. 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, social history of Saco 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.

Persons. Structures, buildings or sites associated with important historic persons.

Ideas. Structures, buildings or sites associated with important examples of a great idea or ideal.

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.

Visual continuity. Structures or buildings contributing to the visual continuity of the historic district.

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.

Amendment process. Any person 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 Administrator 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.

Application requirements. Applications shall be in writing and shall include the following, as appropriate:

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 Administrator on every request received within six months. Drafts of the report shall also be mailed to the Maine Historic Preservation Commission for review.

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.

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.

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.

Applicability of this section. All land, buildings or structures within an historic district are subject to the requirements of this chapter after a district has been designated by the City Council. All historic sites and landmarks are subject to the requirements of this chapter after they have been so designated by the City Council.

Sites.

Historic landmarks. The Way Way Store at 97 Buxton Road, Tax Map 97, Lot 13.

In the Historic Preservation Overlay District (HPOD), a certificate of appropriateness issued by the Commission shall be required for the following:

An affirmative vote of at least three members shall be required to issue a certificate of appropriateness.

Building permits. In any historic district and with respect to any historic site or historic landmark, no building permit shall be issued for any construction, reconstruction, alteration, or demolition until a certificate of appropriateness, where required by this section, has been issued by the Commission.

Application forms and fees. Application for a certificate of appropriateness shall be obtained from the City Planning and Development Department.

Submittal. A completed application for a certificate of appropriateness shall be submitted to the City Planning and Development Department. The department shall verify that the submittal is complete. The application shall be dated by the Planning and Development Department and transmitted to the Commission.

Response. The Commission shall consider each completed application within 21 days of the date of submittal of a complete application and, within 15 days following, approve, approve the application with modifications, make recommendations for modifications to the application, or deny the application. By mutual written consent of the Commission and the applicant, the review period may be extended. When the Commission acts on the application, it shall notify the Code Enforcement Officer.

The applicant's name, address, and interest in the subject property. If not representing the owner, the applicant shall provide evidence of right, title, or interest in the property.

The owner's name and address, if different from the applicant's, and the owner's signature.

The address and the Tax Map and lot number.

The present use and zoning classification of the subject property.

A brief description of the new construction, reconstruction, alteration, maintenance, demolition or removal requiring the issuance of the certificate of appropriateness.

A scale drawing or drawings of the exterior architectural features indicating the design, texture, and location of any proposed alteration, reconstruction, maintenance or new construction for which the certificate is being applied. As used herein, drawings shall mean plans or exterior elevations drawn to scale, with sufficient detail to show, as far as they relate, exterior appearances, architectural design of building(s), including materials and textures, including samples of exterior materials. Drawings shall be clear, complete and specific.

Photographs of the building(s) involved and of adjacent buildings.

A site plan that indicates improvements affecting appearance, such as walls, walks, terraces, plantings, accessory buildings, signs, lights and other elements.

Hearing. The Commission shall hold a public hearing on each application before it. A notice of the hearing will be mailed to abutters and posted at City Hall at least five days before the public hearing. In the case of an application for a new building or an addition of over $1,000 estimated value, or in the case of the demolition of any building, a hearing notice shall be placed in a newspaper of general circulation.

Approval. If the Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition meets the standards of this chapter, it shall approve a certificate of appropriateness, and the City Planning and Development Department shall notify the applicant and Code Enforcement Officer, in writing, of the determination and along with any conditions of approval.

Disapproval. If the Commission determines that a certificate of appropriateness should not be issued, it shall make findings describing how the application does not meet the standards of this chapter. However, in order to prepare more detailed findings, the Commission may postpone the decision for up to two weeks or allow itself up to an additional two weeks to prepare and adopt more-detailed findings. The City Planner shall notify the applicant and the Code Enforcement Officer within 10 days of the final determination.

Appeals. An appeal from the final decision of the Commission as to any matter over which it has final authority may be taken by any party or person aggrieved within 30 days from the date of the decision to the Zoning Board of Appeals.

Time limits on certificates of appropriateness. If substantial construction is not commenced within one year of the issuance of a certificate of appropriateness, the approval shall be null and void. The deadline may be extended for one additional six-month period by the Planning and Development Department upon written request of the applicant. The written request for an extension must be submitted before the date of expiration of the approval. After the approval has expired or an extension has been denied, the applicant may reapply at any time without prejudice. The extension shall be approved by either the Planning and Development Department or the Commission, as outlined above, unless there is:

Applications for the installation or alteration of any exterior sign, minor building alteration, or temporary alteration are eligible for review as a minor project.

Applications for minor alterations shall be reviewed by the City Planning and Development Department rather than the Commission. The City Planning and Development Department may review the application to the standards cited in this chapter and approve the application, approve it with modifications, or deny it within 10 working days of receiving a complete plan.

Applicants proposing minor projects may elect for their application to be reviewed by the Commission according to the procedures and standards required for a certificate of appropriateness described in the above section.

No public hearings or abutter notices are required for applications reviewed under this section.

If the City Planning and Development Department has not acted within 10 working days, the applicant may seek approval from the Commission, rather than the Department. Inaction by the City Planning and Development Department does not constitute approval or disapproval of the application.

If the applicant is not satisfied with the determination of the City Planning and Development Department, the applicant shall be permitted to have the entire application reviewed by the Commission. The City Planning and Development Department can, for any reason, forward any minor alteration to the Commission for review. The City Planning and Development Department shall provide the Commission with written notice of any action.

The United States Secretary of the Interior's "Standards for Rehabilitation," as revised in 1990 (36 CFR Part 67, Historic Preservation Certifications), as well as the standards cited below, shall be used in review of applications for certificates of appropriateness. The Commission will also be guided in its deliberations by the City of Saco Historic District Design Guidelines (2010), and the City of Portland's "Standards - Review of Alterations." The above-referenced standards and guidelines are advisory, but nonbinding. Binding standards are as follows:

Height. In addition to complying with the height standards in the Zoning Ordinance, the height of a proposed building or addition shall be visually compatible with surrounding structures when viewed from a public street.

Width. The width of the building shall be compatible with buildings, structures and open spaces to which it is visually related.

Windows and doors. The relationship of windows and doors in a building shall be compatible with those windows and doors of buildings to which the building is visually related, particularly to adjacent historic buildings of the same period.

Relation of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be compatible with that of buildings to which it is visibly related.

Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be compatible with those of buildings to which it is visually related.

Rhythm of entrance and/or porch projection. The relationship of entrance and porch projections to sidewalks of a building shall be compatible with those buildings to which it is visually related.

Relationship of materials and texture. The relationship of materials and texture shall be compatible with that of predominant materials used in buildings to which it is visually related.

Roof shapes. The roof shape of a building shall be compatible with that of buildings to which it is visually related.

Scale of buildings. The size of a building, the building mass in relationship to open spaces, the windows, door openings, porches and balconies shall be compatible with those characteristics of buildings and spaces to which it is visually related.

Directional expression of front elevation. A building shall be compatible with the building, squares and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character.

New construction shall be generally of such design, form, proportion, mass, configuration, building material, texture, and location on a lot as will be compatible with other buildings in the historic district and with streets and open spaces to which it is visually related and in keeping with area.

General. Signs shall be governed by Article IX and this section. If there is any conflict, the stricter standards shall apply. All signs, either new or upon alteration, require a certificate of appropriateness.

Signs shall be consistent with the architectural style of a building, respectful of neighboring buildings, and carefully designed to fit the facade in the case of attached signs. The design shall take into account the scale, character and design of the building, the traditional location of signage on area buildings, the location of existing sign boards, lower cornices, lintels, and other architectural elements, and the opportunity to use signage as an element to enhance the appearance of building entrances. Materials and workmanship shall convey a sense of permanence and durability.

Location. Wall signs generally shall be located no higher than the windowsill line of the second story. The use of a continuous sign-band extending over adjacent shops within the same building is encouraged as a unifying element. Where signage is proposed on street-level windows, such signage should not substantially obscure visibility through the window.

Scale. The size of signs and letters shall be at an appropriate scale for pedestrians and slow-moving traffic.

Design. Typefaces which are simple, easy to read, and scaled appropriately for both the sign and building shall be used. Pictographs (such as a projecting sign in the shape of a key for a lock shop) can be an appropriate feature if consistent with the standards of this chapter.

Illumination. Generally, signs, if illuminated, shall be illuminated from a shielded, exterior source. The light source should be concealed from direct view. However, the Commission (but not the Planning Department) may approve certain special illuminated signs. Special situations, such as marquees, or special uses, such as cultural events or public activities, may be appropriate exceptions where sensitively designed.

Awnings, canopies and marquees. The shape and size of these devices shall correspond to the shape, character and size of the opening over which they will be installed and fully fill the width of the individual window or door opening. In addition to the sign standards of this chapter, these sign types and all advertising signs must comply with all other design standards in this chapter.

Painted wall signs. Painted wall signs, such as business names, may be appropriate if designed in conformance with this chapter.

Outdoor murals. Painted walls, such as murals and trompe I'oeil (suggestive of architectural or other three-dimensional objects) scenes, shall be used only to enhance the streetscape, not for advertising purposes.

Scope. The following provisions apply to any proposal involving the demolition, moving, or removal of any historic landmark, or any building or structure, or any appurtenance thereto, in an historic district. The purpose of this subsection is to further the purposes of the section by preserving historic buildings which are important to the education, culture, traditions, and the economic value of the City, and to afford the City, interested persons, historic societies or organizations the opportunity to acquire or to arrange for the preservation of such buildings. Furthermore, the purpose of this section is to afford the City, the Commission, other preservation organizations, and others interested in preservation the opportunity to acquire or arrange for the preservation of historic buildings and structures, or important portions and features thereof, or proper removal of historic artifacts, or the proper recordation of the building, structure and/or site.

Procedure. Any person proposing any activity falling within the scope of this subsection shall file an application for a certificate and submit evidence from a structural engineer, an architectural historian, an appraiser, or other qualified expert that demonstrates that the standards of this section are met.

Stay. At the hearing on an application to relocate or demolish a contributing building in an historic district, or an historic landmark, or an historic site, 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:

Standards of approval. In order to approve an application for the relocation or demolition of a contributing building in an historic preservation district, or of an historic landmark or an historic site, the Commission must find that the proposal meets one of the following standards of approval:

Conditions of approval. In approving an application for the demolition of a contributing building in an historic preservation district, or an historic landmark or historic site, the Commission may impose the following conditions:

Hazard buildings. No provision in this chapter shall be construed to prevent the alteration, demolition, or relocation of a building when the Code Enforcement Officer certifies that such action is required for the public safety.

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in an historic district or of any historic landmark which does not involve a change in the design, material, or outward appearance thereof. Paint color and the preparation of a wooden building for painting, and the construction of legally required ramps for access by the handicapped, are specifically excluded from the scope of this section.

Nothing in this section shall prevent the construction, reconstruction, restoration, or demolition of any feature which the Code Enforcement Officer shall determine is a required condition because of concerns about the safety of the building and its occupants.