Standish City Zoning Code
PART 5
Historic Preservation
§ 181-127 Purpose and intent.
The purpose of this Part 5 is to provide a legal framework within which the residents of the Town of Standish can protect the historic, architectural and cultural heritage of historically significant areas, landmarks and sites in the community while accepting compatible new construction. The heritage and economic well-being of the Town 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 the education and welfare of the citizens of the Town of Standish. The intent of this Part 5 is to in every way possible assist property owners to maintain the architectural integrity of historic resources within the Town. Once destroyed, architectural history cannot be replaced. To prevent such losses, the intent of this Part 5 is to:
A.
Protect, preserve and enhance the outward appearance and architectural features of structures within designated districts or designated sites or landmarks.
B.
Prevent the demolition or removal of significant historic buildings or structures within designated districts or designated sites or landmarks.
C.
Preserve, protect and enhance the essential character of designated districts by protecting relationships of groups of buildings or structures.
D.
Accept new buildings and structures in designated districts, which are designed and built in a manner which is compatible with the character of the district.
E.
Promote the educational, cultural, economic and general welfare of the people of the Town of Standish.
§ 181-128 Terms defined.
As used in Part 5, the following terms shall have the meanings indicated:
The owner of a property sharing a common boundary with another property or within 250 feet of a given piece of property, whether or not these properties are separated by a public or private way. Owners shall be considered to be persons listed by the Tax Assessor of Standish and/or the ones against whom taxes are assessed.
A change in the external architectural or landscape features of any structure.
Shall refer to those changes to 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 and by this Part 5.
A building or structure shall be determined 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 values.
Whenever 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 Part 5.
A written approval granted by the Commission upon application of a person with sufficient right, title or interest to property following a prescribed review procedure, certifying that the proposed actions by an applicant are found to be acceptable in terms of the design criteria relating to the historic resource as set forth in this Part 5.
The Standish Historic Preservation Commission, as established by this Part 5.
The word constructed includes "built," "erected," "enlarged," "installed," and "moved."
A structure located within a designated historic district and identified as contributing to the historical or architectural significance of said district.
The permanent removal, dismantling or destruction of all or any portion of an existing designated historic resource.
The architectural style and general arrangement of the exterior of a building or structure, including but not limited to:
The roof shape and the kind and texture of the building materials;
The type and style of all windows, doors, lights, dormers, gable cornices, porches, decorative trim, etc.;
The location and treatment of any vehicle access or parking space;
The design of any sign; and
The arrangement of any fencing.
A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures or landmarks united by events or aesthetically by plan or physical development and designated in accordance with the requirements of this Part 5 as appropriate for historic preservation. Such historic districts may also comprise an individual historic landmark or historic site separated geographically, but linked by association or history.
Any improvement, building or structure of particular historic architectural significance to the Town relating to its heritage, cultural, 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 Part 5.
Any historic district, historic site or historic landmark.
A building, structure or site possesses "historic significance" if it embodies one or more of the five qualities in § 181-130. Any building classified as noncontributing is not considered to possess historic significance.
Any parcel of land of special significance in the history of the Town or its inhabitants, or upon which an historic event has occurred, and which has been designated as such in accordance with this Part 5. The term "historic site" shall also include any improved parcel, or part thereof, on which is situated a historic landmark, and any abutting improved parcel, or part thereof, used as and constituting part of the premises on which the historic landmark is situated as may designated in accordance with this Part 5.
Material change is defined as a modification to the architectural style, general design and general arrangement of the exterior of a building or structure, including but not limited to the kind or texture of the building materials and the type and style of all windows, doors, light fixtures, other appurtenant fixtures and other features such as walks, walls, fences, signs, driveways and parking areas. In addition, all activities that affect the exterior of the building and require a building permit are also included in this definition.
The exterior surface material of a building or structure, including but not limited to brick, stone, wood or slate.
A building may have "neighborhood significance" if it contributes to the creation of a physical setting representing a period important to the evolution of the Town. It is understood, in this case, that the physical setting, which is composed of buildings, landscape features and open space, and other 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 Standish history; it is a compatible element in a group of buildings of similar or equally important significant architectural styles; its location (i.e., on a corner lot, on a rise of land, 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 map of the Town of Standish which identifies the location of a designated historic district, historic site or historic landmark. This map may be used to overlay other Town maps such as zoning, land use or property tax to demonstrate the designated historic resources locations.
The rebuilding or the constructing again of a building or a 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.
Anything constructed or erected, the use of which requires a fixed location on or in the ground, or an attachment to something having a fixed location on the ground, including buildings, billboards, signs, commercial park rides and games, carports, porches, and other building features, but excluding sidewalks, fences, driveways, parking lots and noncommercial swimming pools (whether aboveground or in-ground).
It shall be deemed a violation of this Part 5 if an applicant fails to comply with the plans and conditions as approved by the Historic Preservation Commission when it issued the certificate of appropriateness, and/or any activity listed in § 181-135, Certificate of appropriateness, is carried on without first obtaining a certificate of appropriateness which permits the activity to proceed.
A mix of styles, sizes, etc., that blend together well and that conform to the five criteria of § 181-130.
§ 181-129 Standish Historic Preservation Commission.
A.
Appointment. Members of the Historic Preservation Commission shall be appointed by the Town Council.
B.
Qualifications. The Commission shall consist of five regular members and two alternates. All members shall be residents of Standish. Appointments shall be made on the basis of demonstrated interest, knowledge, ability, experience and/or desire to promote historic preservation in the Town of Standish within the meaning of § 181-127 of this Part 5. To the extent available, members shall have architectural design skills related to historic preservation, such as history, architectural history, landscape architecture, planning, engineering, law, archaeology and building construction, and should include a member of the Standish Historical Society. Regular and alternate members shall serve without compensation.
C.
Regular members. The regular members who are first appointed shall be designated to serve terms beginning July 1 and ending June 30 as follows: one for one year, two for two years and two for three years from the date of their appointment. Thereafter, said Commission members shall be appointed 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 Council shall act within 60 days to fill a vacancy, including expired terms. Regular members may be reappointed. Members shall continue in office until their successors are appointed.
D.
Alternate members. Alternate members who are first appointed shall serve terms beginning July 1 and ending June 30 as follows: one for one year and one for two years. Thereafter, said alternate members shall be appointed for terms of three years, except to fill a vacancy, in which case it will be for the remainder of the unexpired term. They shall participate in all hearings and discussions. They shall vote only if the Chairman appoints an alternate to act in place of a regular member who is absent, has resigned, or has been disqualified because of a conflict of interest. Alternate members may be reappointed.
E.
Advisory members. In addition to regular and alternate members of the Commission, the Town Council may appoint other persons, not necessarily residents of the Town of Standish, who shall serve on an advisory or consultant basis to assist the members of the Commission in the performance of their functions. Such members shall not be voting members of the Commission.
F.
Removal. Any regular or alternate member may be removed by the Town Council for cause upon written charges after a public hearing. Three consecutive unexcused absences or four unexcused absences out of five consecutive meetings of the Commission shall be considered sufficient cause for removal of a regular or alternate member.
G.
Officers. The Commission shall elect annually a Chairperson, Vice Chairperson and a Secretary from its membership. Three members shall constitute a quorum for the transaction of business before said Commission, but if less than a quorum is present, then the meeting will be adjourned. The Secretary 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 made, resumes of the Commission members, attendance records, appointments to the Commission, correspondence and minutes of all meetings.
H.
Procedures. The Commission under normal conditions shall apply Roberts Rules of Order.
I.
Meetings. All meetings of the Commission shall be publicly announced, open to the public and have a previously available agenda. Public notice shall be provided prior to any special meeting of the Commission.
J.
Duties. The duties of the Commission, at a minimum, shall be to:
(1)
Advise and inform Town officials and owners on physical and financial aspects of preservation, renovation and rehabilitation of historic buildings, structures or sites;
(3)
Make recommendations to establish historic districts, sites or landmarks;
(5)
Review all proposed National Register nominations for properties within the jurisdiction of the Historic Preservation Commission of the Town of Standish;
(6)
Serve an advisory role to the Town officials regarding local historic and cultural resources, and act as a liaison between local government and those persons and organizations concerned with historic preservation;
(7)
Conduct or cause to be conducted a continuing survey of local historical and cultural resources, in accordance with the Maine Historical Preservation Commission guidelines;
(8)
Work to provide local residents with continuing education on historic preservation issues;
(9)
Undertake other duties as deemed necessary or desirable by its members to advance the purposes of this section;
(10)
Cooperate with federal, state and Town officials in the pursuance of the objectives of historic preservation; and
(11)
Participate in land use planning efforts of the Town, state and federal government.
K.
Gifts, grants and funding. Gifts, grants and funding received within a fiscal year from entities other than the Town may be expended with Council approval for purposes of historic preservation in the Town of Standish. A dedicated fund shall be established by the Town's Finance Director to receive unused gifts and grants received in the current year. The Town Finance Director will establish such operational accounts for the Commission as is deemed appropriate for the Commission to accomplish its duties, such as training, providing notices to the public, etc. These accounts can be funded through the normal budget process. Funding to support an incentive noted in Section 181-132 will be accomplished through the regular budget process or by Special Town Meeting as recommended to and promulgated/accomplished by the Council.
L.
Administrative support. Administrative support to include processing applications, providing public and abutter notice of hearings and findings of the Commission, and retention of copies of the permanent records of the activities of the Commission shall be provided by the Planning Department.
§ 181-130 Qualifications of historic districts, sites and landmarks.
The historic districts, historic sites or historic landmarks established in accordance with this Part 5 shall have one or more or any combination of the following characteristics and qualifications, without limitations as to cultural or chronological period:
A.
History of Standish. Structures, buildings or sites at which events occur or have occurred that contribute to and are identified with or significantly represent or exemplify the broad cultural, political, economic, military, social or sociological history of Standish, the State of Maine or the Nation, including sites or buildings at which visitors may gain insight or see examples either of particular items or of larger patterns in the North American heritage;
B.
Persons. Structures, buildings or sites associated with important personages;
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, or landscaping, of a single notable structure or a single 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 on or eligible for listing on the National Register of Historic Places or as a National Historic Landmark.
§ 181-131 Establishment of historic districts, historic sites and historic landmarks.
A.
Preliminary procedures. The initial establishment of historic districts, historic sites or historic landmarks shall be done by amendment to § 181-133. No property will be included within a district nor become a historic site or historic landmark without the written consent of the property owner or owners. The Town Council, the Planning Board, the property owner(s) or the Commission itself may initiate action to amend § 181-133. Subsequent action to add new districts or expand existing historic district(s) shall be done in the same manner. Any person seeking to add or expand historic districts, sites or landmarks shall submit a request for the amendment in writing to the Commission. A request may include exercising any or a combination of the incentives in § 181-132. Any proposal by the Town Council or Planning Board shall be referred to the Commission for comment before Council action. After receiving the Commission's recommendations concerning the request, it shall be placed on the agenda of the Town Council for its action. Any application or designation of buildings, structures, sites and districts shall be in writing and include the following as appropriate:
(1)
Designation of buildings, structures and sites for historic preservation shall include:
(a)
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 special qualities as relevant;
(b)
A concise statement of how the building, structure or site meets the review criteria of § 181-130;
(c)
Exterior photographs of the building or structure, or a site map, illustrating significant details described in Subsection A(1)(a) above. In addition, the Commission may request photographs of interior articles of particular historic significance. These interior photographs may be provided by the applicant on a voluntary basis and are not required submissions; or
(d)
Survey forms as generally used by and available from the Maine Historic Preservation Commission.
(2)
Designation of districts for historic preservation shall include:
(a)
A concise statement of the physical elements which make this area a historic district and a description of building types and architectural styles and periods represented;
(c)
An explanation of the boundaries of the district;
(d)
A definition of types of structures that do not contribute to the significance of the district and an estimate of the number of noncontributing structures;
(e)
An overlay map showing all district structures with an identification of contributing structures.
(3)
Expansion of historic districts for historic preservation shall include:
(a)
A concise statement of the physical elements that justify an expansion of an existing district, an explanation detailing how the expansion is consistent with the character of the district and a description of building types and architectural styles and periods represented;
(b)
A concise statement of how the expansion of an existing district meets the review criteria of § 181-130;
(c)
A justification of the expanded boundaries of the district; and
(d)
A map showing all district structures in the proposed expansion area with an identification of contributing structures.
B.
Studies and recommendations. Before making its recommendation concerning the proposed establishment or expansion of a historic district, historic site or historic landmark, the Commission may conduct studies and research of the proposal. The Commission will make and submit a report to the Town Council on every request received within six months of its submission. Drafts of the report shall also be mailed or e-mailed to the Maine Historic Preservation Commission in Augusta.
C.
Public hearing and final report. Before the final report is made to the Town Council, the Historic Preservation Commission shall hold a public hearing on the request, after due notice is provided at least seven days prior to the hearing in a daily 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 owners of abutting property. Not later than 30 days after said public hearing, the Commission shall submit a final report including recommendations to the Town Council.
D.
Action by the Town Council. After receipt of the Commission's recommendations, as provided above, the Town Council shall consider said proposed designation and approve or disapprove the request. The owner of each property so designated shall be given written notice by the Town Clerk within 20 days after the designation of any historic district, historic site or historic landmark.
§ 181-132 Incentives.
A.
The Historic Preservation Commission may make recommendations to the Town Council concerning the use of incentives for the purposes of promoting and ensuring the preservation of historic resources in the Town. Such incentives may include, but not be limited to:
§ 181-133 Designated historic districts, historic sites and historic landmarks.
Upon adoption and amendment of this Part 5, the following lands, buildings or structures, or areas of the Town are designated as historic resources and shall be shown on the Historic Resources Overlay Map.
§ 181-134 Permitted uses.
§ 181-135 Certificate of appropriateness.
A.
A certificate of appropriateness issued by the Historic Preservation Commission is required for any of the following:
(1)
New construction of a principal or accessory building visible from a public street where such building will be located in a historic district or upon a historic site;
(2)
Demolition of any landmark, building or portion of any building, including the removal of architectural features from a historic landmark or a contributing building in a historic district;
(3)
Moving of an historic landmark or any building located in a historic district;
(4)
Additions, alterations or reconstruction, including porches and steps of existing buildings within a historic district or a historic site;
(5)
New signs placed in a historic district or on a historic site or landmark;
(6)
New construction of walls, fences and parking lots in a historic district that are visible from a public way; and
(7)
Sandblasting of brick or stone buildings within a historic district, site or landmark.
§ 181-136 Application for certificate of appropriateness.
A.
Application forms and fees. An application for a certificate of appropriateness shall be obtained from the Planning Department. A fee of 5% of the anticipated project costs, but in no event less than $50 nor more than $500, shall be paid at the time of submission of the application.
B.
Application procedure. A completed application for a certificate of appropriateness shall be submitted to the Planning Department who shall verify that the requirements of § 181-130 of this Part 5 have been met, date the application and transmit the application to the Historic Preservation Commission for action. If the application is received at least 21 days prior to its next regular meeting, the Commission shall hold a public hearing on that application at that next regular meeting. To accommodate the applicant, the Commission may hold the public hearing at a special meeting at least 21 days after the receipt of an application. Within 31 days following the public hearing, the Commission shall approve the application, approve the application with modification(s), make recommendations for modifications to the application or deny the application. This thirty-one-day period may be extended by mutual written consent of the Commission and the applicant. If the Commission denies a certificate of appropriateness, a new application affecting the same property may be submitted only if substantial change is made in the plans for the proposed work. When the Commission acts on the application, it shall notify the Code Enforcement Officer.
C.
Alternative procedure for review of installation or alteration of any exterior sign; minor alteration and temporary alterations. In order to process certificates of appropriateness more efficiently, applications for minor alterations shall be reviewed by the Code Enforcement Officer rather than by the Historic Preservation Commission. The Code Enforcement Officer will review the application to the standards of this Part 5 and shall approve the application, approve the application with modifications or deny the application within 15 working days of receiving the complete application. No public hearings are required for applications reviewed under this procedure. The Planning Department shall send a notice to abutters at least 10 days prior to reaching a decision on the application. If the Code Enforcement Officer has not acted within 15 working days, the applicant may seek approval from the Commission, rather than from the Code Enforcement Officer. Inaction by the Code Enforcement Officer does not constitute approval or disapproval of the application.
(1)
If the applicant or an abutter is not satisfied with the determination of the Code Enforcement Officer, the applicant or abutter shall be permitted to have the entire application reviewed by the Commission. The Code Enforcement Officer can, for any reason, forward any minor alteration to the Commission for review. The Code Enforcement Officer shall provide the Commission with written notice of any action. Where the Commission conducts a review of an application where the Code Enforcement Officer has made a determination under this subsection, the Commission shall conduct a de novo review of the application and make its own decision and findings on whether the application meets the requirements of this Part 5. The Commission shall conduct its review under the procedures set forth in § 181-137 of this Part 5.
(2)
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.
(3)
"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 Code Enforcement Officer, such change shall alter the historic character of the building or site.
D.
Application contents. The application shall state the location, use and nature of the matter for which such application is sought and shall contain at least the information or documentation outlined in Subsection D(1) through (5) and (6) and/or (7) and (8) of this section. The Commission may waive any application requirement if it determines that it is not necessary to the application.
(1)
The applicant's name, address and interest in the subject property;
(2)
The owner's name and address, if different from the applicant's, and the owner's signature;
(3)
The address, tax map and lot number of the subject property;
(4)
The present use and zoning classification of the subject property;
(5)
A brief description of the new construction, reconstruction, alteration, maintenance, demolition or removal requiring the issuance of the certificate of appropriateness;
(6)
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 of appropriateness 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 to exterior appearances, the architectural design of the building(s), including materials and textures including samples of exterior materials. Drawings shall be clear, complete and specific;
(7)
Photographs of the buildings may be used to show the information required in Subsection D(6) above if the Code Enforcement Officer and Commission deem them appropriate. They should include the buildings involved and adjacent buildings; and
(8)
A site plan indicating improvements affecting appearance such as walls, walks, terraces, planting, accessory buildings, signs, lights and other relevant elements.
§ 181-137 Administrative procedures.
A.
Notice to applicant and abutters. Prior to consideration of a certificate of appropriateness, the Town shall inform the applicant and notify by mail all owners of property abutting the subject property of the application. This section, however, shall not apply to applications heard under § 181-136C, Alternate procedure for review of installation or alteration of any exterior sign, minor alteration and temporary alterations. For purposes of the notice required hereunder, the owners of property shall be considered to be the persons listed by the Tax Assessor of Standish and/or the ones against whom taxes are assessed. Failure of any person to receive notice shall not necessitate another hearing or invalidate any action of the Commission.
B.
Hearing. The Commission will hold a public hearing on each application before it. Applications under § 181-136C, Alternate procedure for review of installation or alteration of any exterior sign, minor alteration and temporary alterations, do not require a public hearing. A notice of the public hearing will be mailed to abutters and posted at Town Hall and the Town Website Meeting Calendar at least five days before the public hearing. In the case of an application for a new building or an addition of over $10,000 estimated value, or in the case of the demolition of any building, a hearing notice shall be placed in a daily newspaper of general circulation.
C.
Approval. A vote to approve a certificate of appropriateness must receive the affirmative votes of three of the members seated. If the Commission determines that the proposed construction, reconstruction, alteration, moving or demolition meets the standards of this Part 5 and is therefore appropriate, it shall approve a certificate of appropriateness and the Planning Department shall notify the applicant and Code Enforcement Officer in writing of the determination and any conditions of approval.
D.
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 Part 5. The Planning Department shall notify the applicant and the Code Enforcement Officer within 10 days of the final determination.
E.
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 final decision, to the Zoning Board of Appeals. Where an appeal is from a decision of the Historic Preservation Commission, the review by the Board of Appeals shall be appellate in nature and shall be limited to a review of the record developed before the Historic Preservation Commission. The person submitting the appeal and any opponents to the position of that person may make written and/or oral presentations to the Board of Appeals about why they feel the decision of the Historic Preservation Commission was correct or incorrect, but they shall not be allowed to present any evidence that was not presented to the Historic Preservation Commission. The Board of Appeals shall only reverse the decision of the Historic Preservation Commission if it determines that the decision contained a procedural error or was clearly contrary to the provisions of this Part 5.
§ 181-138 Standards of evaluation.
The standards and requirements contained in this section and in the U.S. Secretary of Interior's "Standards for Rehabilitation and the Guidelines for Rehabilitating Historic Buildings," as revised in 1990, a copy of which is on file in the Planning Department, shall be used in review of applications for Certificates of Appropriateness and specifically as to the procedures before demolition or removal can take place. Design consideration and structural factors related to maintaining historic structures in good condition shall be the Commission's primary area of focus.
A.
Every reasonable effort shall be made to provide a compatible appearance for new or renovated buildings, structures and yards in the historic preservation district, or to maintain the integrity of existing buildings, structures or grounds, giving due consideration to the economic feasibility of maintaining such buildings, structures or grounds. The following standards apply:
(1)
The distinguishing original qualities of character of a building, structure or site shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when reasonably possible.
(2)
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis should be avoided when reasonably possible.
(3)
Changes which may have taken place in the course of time are evidence of this history and the development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance should be recognized and respected.
(4)
Distinctively stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be retained whenever feasible.
(5)
Deteriorated architectural features shall be repaired rather than replaced, whenever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture, color and visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or availability of different architectural elements from other buildings or structures.
(6)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic materials shall be avoided whenever possible.
B.
Visual compatibility factors. Within the historic districts and on historic sites, new construction, additions to existing buildings or structures and appurtenances thereof which are moved, reconstructed, materially altered, repaired or changed through exterior surfaces shall be visually related generally in terms of the following factors:
(1)
Height. In addition to complying with the height standard of § 181-26 of the Land Use Ordinance, the height of a proposed building or addition shall be visually compatible with surrounding structures when viewed from the public street.
(2)
Width. The width of the building shall be compatible with buildings, structures and open spaces to which it is visually related.
(3)
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 buildings are visually related particularly to adjacent historic buildings of the same period.
(4)
Relations 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 the buildings to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship of the buildings to the open space between it and adjoining buildings shall be compatible with those of buildings to which it is visually related.
(6)
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.
(7)
Relationship of materials and texture. The relationship of the materials and texture shall be compatible with that of predominant materials used in buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be compatible with that of buildings to which it is visually related.
(9)
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.
(10)
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.
C.
Construction of new buildings and structures in historic districts. In addition to the standards above, the construction of a new building or structure or an addition to an existing building or structure within a historic district or on a historic site 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 the area.
D.
Signs. General: Signs shall be governed by the standards of § 181-17, Signs, of the Land Use Ordinance, 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. Contemporary signage needs shall be met with signs designed to 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.
(1)
Location. Wall signs shall be generally located no higher than the window sill 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.
(2)
Design. The size of signs and letters shall be at an appropriate scale for pedestrians and slow-moving traffic. Typefaces which are simple, easy to read and scaled appropriately for both the sign and the building shall be used. Pictographs (such as a projecting sign in the shape of a key for a key shop) can be an appropriate feature if consistent with the standards of this Part 5.
(3)
Illumination. Generally, signs, if illuminated, shall be illuminated from a shielded, exterior source. The light source should be concealed from direct view. However, the Historic Preservation Commission (but not the Code Enforcement Officer) 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.
(4)
Additional guidelines for special categories of signs.
(a)
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. Besides the signs standards of this Part 5, these sign types and all advertising signs must comply with all other historic design standards.
(b)
Painted wall signs. Painted wall signs such as business names may be appropriate if designed in conformance with this Part 5.
(c)
Outdoor murals. Painted walls such as murals and trompe l'oeil (suggestive of architectural or other three dimensional objects) scenes shall be used only to enhance the streetscape, not for advertising purposes.
E.
Demolition or removal.
(1)
Scope. The following provisions apply to any proposal involving demolition, moving or removal of any historic landmark, or any building or structure or any appurtenance thereto, in a historic district. The purpose of this subsection is to further the purposes of this Part 5 by preserving historic buildings which are important to the education, culture, traditions and the economic value of the Town, and to afford the Town, interested persons, historical societies or organizations the opportunity to acquire or to arrange for the preservation of such buildings.
(2)
Procedure. An historic resource or any building or structure in an historic district, or any appurtenance thereto, shall not be demolished or moved and a certificate of appropriateness shall not be approved until either:
(a)
In an historic district, such building or structure has been identified by the Commission as incompatible with the historic district in which it is located; or
(b)
The property owner can demonstrate that it is incapable of earning an economic return on its value at its present location as appraised by a qualified real estate appraiser. If such demonstration can be made, issuance of a certificate of appropriateness for removal or demolition shall be delayed for a period of 180 days. Such time period shall commence when an application for a certificate of appropriateness and the statement of intent to sell, as outlined below, have been filed with the Commission. Notices must be posted on the premises of the building or structure proposed for demolition or removal in a location clearly visible from the street. In addition, notice shall be published in a daily newspaper of general circulation at least three times prior to demolition or removal, the notice of which shall not be less than 15 days prior to the date of any certificate of appropriateness proposed by the Commission. Prior to issuance of a certificate of appropriateness for removal or demolition, the owners of the property shall stipulate that the proper notices as required by this Part 5 have been posted, that the property was properly offered for sale, that there have been no bona fide offers made and that no contract for sale has been executed with interested parties. The owner shall, for the period of time required by this section and at a price reasonably related to its fair market value, make a bona fide offer to sell such building or structure and the land pertaining thereto to any person, firm, corporation, government or agency thereof which gives reasonable assurance that it is willing to preserve and restore the building or structure and the land pertaining thereto. Prior to making such an offer to sell, an owner shall first file a statement of intent to sell with the Historic Preservation Commission identifying the property, the offering price and the date the offer to sell shall begin. The time period set forth in this subsection shall not commence until such statement has been filed.
§ 181-139 Ordinary maintenance; safety.
Nothing in this Part 5 shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a historic district or any historic landmark which does not involve a change in the design, material or outward appearance thereof. Nothing in this Part 5 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 safety of the building and its occupants. The Code Enforcement Officer shall be required to enforce all necessary repairs that address health and safety issues.
§ 181-140 Exemption for substantial hardship.
A.
If a certificate of appropriateness is denied, the property owner may apply for an exemption based on the substantial hardship of maintaining the property according to the design guidelines (Standards of Evaluation, § 181-138) for historic resources. Substantial hardship is to be considered by the Historic Preservation Commission where one or more of the following unusual and compelling circumstances exist:
(1)
The resource cannot reasonably be maintained in the manner dictated by the ordinance;
(2)
There are no other reasonable means of saving the resource from deterioration or collapse; or
(3)
The resource is owned by a nonprofit organization and it is not feasible, financially or physically, to achieve the charitable purposes of the organization while maintaining the property appropriately.
B.
The owner may be required to submit documents to show that he cannot comply with the design guidelines (Standards of Evaluation) and earn a reasonable rate of return on his investment in the resource. Information required may include:
(1)
Costs of the proposed development with and without modification needed to comply with the guidelines (Standards of Evaluation, § 181-138) as determined by the Commission;
(2)
A structural report and/or feasibility report;
(3)
Market value of the resource in its present condition and after completion of the proposed project;
(4)
Cost of the resource, date purchased, relationship, if any, between the seller and buyer and terms of financing; and
(5)
Other information considered necessary by the Commission to determine whether or not the property may yield a reasonable return.
§ 181-140.1 Inventory.
A.
The Historic Preservation Commission shall create an inventory of eligible resources. The inventory may be updated from time to time by the Commission. An owner of a resource which meets the criteria of § 181-130 may voluntarily request that his resource be listed in this inventory.
B.
The Commission shall establish the priority of the inventory. The Commission will use this list to select those resources it deems most in need of protection and/or preservation. After developing the information required under § 181-131 as appropriate and arriving at an agreement with the owner of the resource, employing whatever incentives contained in § 181-132 that are deemed appropriate, the Commission may recommend to the Council that a resource in the inventory be designated, be listed in § 181-133, be shown on the Historic Resource Overlay Map and become subject to the requirements of this Part 5.
C.
Other action the Commission may take with the owner's acceptance with regard to the resources listed in this section may include providing informational plaques to be prominently displayed on the property of the listed resources.
D.
No building or structure that is listed in this inventory shall be demolished without a demolition permit issued by the Code Enforcement Officer. Upon receipt of an application for demolition, the Code Enforcement Officer shall notify the Historic Preservation Commission and the Town Council.
§ 181-140.2 Conflicts with other ordinances.
§ 181-140.3 Amendments.
The Town Council, the Planning Board, the Commission or the public itself may initiate action to amend this Part 5. The request to amend shall be referred to the Commission for a report within 90 days thereof. The Commission shall hold a joint public hearing with the Planning Board at least 10 days before the report is made to the Town Council. Notice of the hearing shall be made by notice in a daily newspaper of general local circulation at least two times, with the date of the first publication at least 12 days before the public hearing and the date of the second at least seven days before the public hearing. The notice of the proposed amendment shall be posted in the Town Hall at least 13 days before the public hearing.
§ 181-140.4 Violations.
It shall be deemed a violation of this Part 5 if an applicant fails to comply with the plans and conditions as approved by the Historic Preservation Commission when it issued the certificate of appropriateness, and/or any activity listed in § 181-135 is carried on without first obtaining a certificate of appropriateness which permits the activity to proceed. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Part 5. If the Code Enforcement Officer determines that any provision of this Part 5 has been violated, he shall send a written notice to the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The Code Enforcement Officer shall order the removal of illegal buildings or structures or of additions, alterations or structural changes thereto; order the discontinuance of any illegal work being done; or shall take any other action authorized by this Part 5 or state law to ensure compliance with or to prevent a violation of this Part 5. When violation of any provision of this Part 5 shall be found to exist, the Code Enforcement Officer shall notify the municipal officers, who shall initiate any and all actions to be brought in the name of the Town. The fines and penalties set forth in 30-A M.R.S.A. § 4452 shall apply to violations of this Part 5.