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Historic Preservation Ordinance

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The following is the historic preservation section of the City of Saco, Maine, zoning ordinance, current through September 1997.

SECTION 413 HISTORIC PRESERVATION
413-1 PURPOSE AND INTENT

The purpose of this Section is to provide a legal framework within which the residents of the City of Saco 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 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 the education and welfare of the citizens of the City of Saco. The intent of this ordinance is to in every way possible assist property owners to maintain the architectural integrity of the district.

Once destroyed, architectural history cannot be replaced. To prevent such losses, the intent of this Section is to:

1) Protect, preserve and enhance the outward appearance and architectural features of structures within designated districts or designated sites or landmarks.
2) Prevent the demolition or removal of significant historic buildings or structures within designated districts or designated sites or landmarks.
3) Preserve, protect and enhance the essential character of designated districts by protecting relationships of groups of buildings and structures.
4) 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.
5) Promote the educational, cultural, economic and general welfare of the people of the City.

413-2 DEFINITIONS
As used in this section, the following terms have the following meanings, unless the context indicates otherwise:

ALTERED--The word altered includes "rebuilt","reconstructed", "rehabilitated", "restored", "removed", and "demolished".
APPROPRIATE--Shall refer to those changes in historic properties, landmarks, buildings, structures or sites within historic overlay zones, or sites or landmarks, which are not incongruous with what is historically and architecturally significant as determined by the Commission.
BUILDING--A combination of materials forming a shelter that may be used for persons, animals, or property.
COMMISSION--The commission acting as the Historic Preservation Commission established in 413-3.
CONFLICT OF INTEREST--Shall be construed to mean direct or indirect pecuniary benefit to any person, including regular and associate members of the Commission or member of the person's immediate family (i.e., related by blood or marriage) or to his employer or the employer of any member of the person's immediate family; or interest sufficient to tempt the member to serve his own personal interest to the prejudice of the interests of those for whom the law authorized and required him to act.
CONSTRUCTED--The word constructed includes the words "built","erected", "enlarged", "installed", and "moved".
CONTRIBUTING STRUCTURE--A structure located within a designated historic district and identified as contributing to the historical or architectural significance of said district.
DEMOLITION--The razing of any exterior architectural feature or structure or object.
DISTRICT--See "Historic District".
ERECTED--The word erected includes the words "built", "constructed", "reconstructed", "rehabilitated", "restored", "enlarged", and "moved".
EXTERIOR ARCHITECTURAL FEATURE--The architectural style and general arrangement of the exterior of a building or structure, including, but not limited to:
1) the kind, roof, and texture of the building materials;
2) the type and style of all windows, doors, lights, dormers, gable cornices, porches, decorative trim, etc.;
3) the location and treatment of any vehicle access or parking space;
4) the design of any sign; and
5) the arrangement of any fencing.
HISTORIC--(adj.)--Important in or contributing to history.
HISTORIC DISTRICT--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 Section 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.
HISTORIC LANDMARK--Any improvement, building or structures of particular historic or architectural significance to the City relating to its heritage, cultural, social, economic or political history, or which exemplifies historic personages or important events in local, state or national history as may be designated in accordance with this Section.
HISTORIC SITE--Any parcel of land of special significance in the history of the City of Saco, and its inhabitants, or upon which a historic event has occurred, including prehistoric and archeological sites, and which has been designated as such in accordance with this Section. The term "historic site" shall also include any improved parcel, or part thereof, used as and constituting part of the premises on which an historic landmark is situated as may be designated in accordance with this Section.
HISTORIC SIGNIFICANCE-- A building, structure or site possesses historic significance if it embodies one or more of the six qualities outlined in Section 413-4. Any building classified as non-contributing is not considered to possess historical significance.
HISTORY--(noun)--A record of events, as of life or development of a people, country, institution, etc.
HISTORIC DISTRICT(S)-- The district(s) established in 413-5 or amended in accordance with the procedures detailed in 413-6 and having one or more of the qualifications outlined in 413-6.
MATERIALS AND TEXTURE--The exterior surface material of a building or structure, including but not limited to, brick, stone, wood or slate.
PERSON--The word person includes an individual, a corporate or unincorporated organization or association, and the City of Saco.
SITE--See, Historic Site
STRUCTURE--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 not including sidewalks, fences, driveways, and parking lots and non-commercial swimming pools (whether above-ground or in-ground).
RHYTHM--Characterized by the regular recurrence of strong and weak elements.
TOTAL FLOOR SPACE--All the floor space in the building.

413-3 HISTORIC PRESERVATION COMMISSION
1) APPOINTMENT
Members of the Historic Preservation Commission shall be appointed by the mayor and approved by the City Council.

2) QUALIFICATIONS
The Commission shall consist of five (5) regular members, and five (5) 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 the City of Saco within the meaning of Section 1 of this Ordinance. To the extent available, the members shall have architectural design skills or other 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 Saco Historic Society. Regular and associate members shall serve without compensation.

3) 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 (1) year, two for two (2) years, and two for three (3) years from the date of their appointment. Thereafter, said Commission Members shall be appointed for terms of three (3) 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, including expired terms. Regular members may be reappointed.

4a) ASSOCIATE MEMBERS
Membership should include a resident of each historic district. Associate members who are first appointed shall serve terms beginning July 1 and ending June 30 as follows: One for one (1) year, two for two (2) years, and two for three (3) years from the date of their appointment. Thereafter, said Associate members shall be appointed for terms of three (3) 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 associate to act in place of the regular member who is absent, has resigned, or has been disqualified because of conflict of interest. Associate members may be reappointed.

4b) ADVISORY MEMBERS
In addition to the regular and associate members of the Commission, the City Council may appoint other persons, not necessarily residents of the City of Saco, who shall serve on an advisory or consultant basis to assist the members of the Commission in the performance of their functions.

5) REMOVAL
Any regular or associate member may be removed for cause by the City Council upon written charges after a public hearing.

6) OFFICERS
Such commission shall elect annually a chairperson, vice chairperson, and secretary from its own membership. Four members shall constitute a quorum for the transaction of business before said Commission, but if less than quorum, the meeting shall 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 Commission Members, attendance records, appointments to the Commission, correspondence and minutes of all meetings. This duty may be delegated to the City Planning Department. The City Planner shall be the authorized agent of the Historic Preservation Commission, to whom the Commission may delegate any duties.

7) PROCEDURE
Said Commission for its purposes shall adopt and may amend rules of procedure.

8) 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 meetings of the Commission.

9) DUTIES
The duties of the Commission, at a minimum, shall be to:

a) Advise, and inform City officials and owners of historic buildings, structures or sites, on physical and financial aspects of preservation, renovation, and rehabilitation.
b) Advise and inform owners in complying with the requirements of this Section.
c) Make recommendations for establishing historic districts, historic sites, or historic landmarks.
d) Review all proposed additions, reconstruction, alterations, construction, removal, or demolition of properties designated under the jurisdiction of Section 413 of the Saco Zoning Ordinance.
e) Review all proposed National Register nominations for properties within the jurisdiction of the Historic Preservation Commission of Saco.
f) Serve an advisory role 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.
g) Conduct or cause to be conducted a continuing survey of local historic and cultural resources, in accordance with Maine Historic Preservation Commission guidelines.
h) Work to provide continuing education on historic preservation issues to local citizens
i) Undertake other duties as deemed necessary or desirable by its members to advance the purposes of this Section.
j) Cooperate with federal, state and city officials in the pursuance of the objectives of historic preservation.
k) Participate in land use planning efforts of the city, state and federal government.

10) GIFTS, GRANTS, FUNDING
The Historic Preservation Commission may, subject to appropriations by the City Council or other income, 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 non-lapsing fund for gifts and grants shall be established by the City's Finance Director. Appropriations from the City Council shall be managed in accord with city policies and lapse each year if unexpended.

413-4 QUALIFICATIONS FOR HISTORIC DISTRICTS, SITES AND LANDMARKS
The historic districts, historic sites or historic landmarks established in accordance with this Section shall have one or more or any combination of the following characteristics and qualifications, without limitations as to cultural or chronological period:

1) HISTORY OF SACO
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 Saco and 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.

2) PERSONS
Structures, buildings or sites associated with important historic personages.

3) IDEAS
Structures, buildings or sites associated with important historic examples of a great idea or ideal.

4) 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.

5) VISUAL CONTINUITY
Structures or buildings contributing to the visual continuity of the historic district.

6) NATIONAL REGISTER
Those sites or areas on or eligible for listing on the National Register of Historic Places or as a National Historic Landmark.

413-5 ESTABLISHMENT OF HISTORIC DISTRICT, HISTORIC SITES OR HISTORIC LANDMARKS

1) PRELIMINARY PROCEDURES
The initial establishment of historic districts, historic sites or historic landmarks shall be done by amendment to 413-6 and shall overlay the districts created by Section 403. The City Council, the Planning Board, the property owner(s) or the Commission itself may initiate action to amend 413-6. 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 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 it on the agenda of the City Council to act on the request. Any application or designation of buildings, structures, sites and districts shall be in writing and include the following as appropriate:

a) DESIGNATION OF BUILDING, STRUCTURES AND SITES FOR HISTORIC PRESERVATION SHALL INCLUDE:
i) A concise description of the physical elements, qualities, architectural style, period and historical significance represented by the building, structure or site, including a consideration of scale, materials, workmanship and spatial qualities, as relevant.
ii) A concise statement of how the building, structure or site meets the review criteria of 413-4 above.
iii) Exterior photographs of the building or structure, or a site map, illustrating significant details described in i), 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.

b) DESIGNATION OF DISTRICTS FOR HISTORIC PRESERVATION SHALL INCLUDE:
i) 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.
ii) A concise statement of how the district meets the review criteria of 413-4 above.
iii) An explanation of the boundaries of the district.
iv) A definition of the types of structures that do not contribute to the significance of the district and an estimate of the number of non-contributing structures.
v) A map showing all district structures with an identification of contributing structures.

c) EXPANSION OF EXISTING DISTRICTS FOR HISTORIC PRESERVATION SHALL INCLUDE:
i) 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.
ii) A concise statement of how the expansion of an existing district meets the review criteria of 413-4 above.
iii) A justification of the expanded boundaries of the district.
iv) A map showing all district structures in the proposed expansion area with an identification of contributing structures.

2) STUDIES, 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 a report of the City Administrator on every request received within 6 months. Drafts of the report shall also be mailed to the Maine Historic Preservation Commission in Augusta for review.

3) PUBLIC HEARING, FINAL REPORT
Before a final report is made to the City, 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 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 abutting property within a 200 foot radius of the property under consideration. Not later than thirty (30) days after said public hearing, the Commission shall submit a final report to the City Council.

4) ACTION BY THE CITY COUNCIL
After receipt of the Commissions recommendations, as provided above, the City Council shall consider said proposed designation and approve or disapprove the request. Within twenty (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 by the City Clerk.

5) APPLICABILITY OF THIS ORDINANCE
All land, buildings or structures within a historic district are subject to the requirements of this ordinance after a district has been designated by the City Council. All historic sites and landmarks are subject to the requirements of this ordinance after they have been so designated by the City Council.

413-6 HISTORIC DISTRICTS, HISTORIC SITES AND HISTORIC LANDMARKS DESIGNATED

The following described lands, buildings or structures, or areas of the City are designated historic districts, historic sites or historic landmarks as follows: (as designated after this ordinance has been adopted, and the Commission recommendations have been approved).

1) Districts
Beginning at Thornton Academy on the north end of Main Street the district takes in the grounds surrounding the Academy and the football field on the opposite side of the street. It then takes in all properties on both sides of Main Street as far south as 146 Main. Beginning at the intersection of Main and North Streets it includes all properties on both sides of North Street as far as the Boston and Maine railroad tracks. All properties on both sides of Vernon Street and Cross Street are included, all properties on the north side of Cutts Avenue, and properties on both sides of Elm Street from the intersection of Elm Street and Main Street to the intersection of Elm Street and Cutts Avenue are included. All buildings in Pepperell Square are included. The full width and depth of all lots, except for a portion of the Thornton Academy campus, as depicted on the map entitled "Saco Historic District, City of Saco, Maine," are included for all properties.
Also, all lots on the north side of Beach Street beginning at Middle Street Extension to Winter Street, except for Memorial Field, where the boundary is an extension of the rear lot line of Map 32 Lot 113; on Winter Street, Map 32, Lot 117; on the south side of Beach Street from Map 32, Lot 98 on Beach Street east to James Street, including Pepperell Park, defined for this purpose as Map 32, Lot 65, but not including Fairfield School and three feet of land around it. The full depth and width of the all lots, except for the Fairfield School exception noted above, as depicted on the map entitled, "Saco Historic District, City of Saco, Maine, Panel 2", are included. In the case of any discrepancies between the boundaries of the district as described above and the map, the map shall have precedence.(Amended 1-17-95)

2) Sites

3) Landmarks

413-7 USES PERMITTED

Uses permitted in historic districts, historic sites or historic landmarks shall be those set forth in Section 410, for the zone in which such district, site or landmark is located. Determinations of permitted and conditional uses shall continue to be within the authority of the code enforcement office, the Planning Board (for conditional uses), and the Zoning Board of Appeals, for appeals of the code enforcement officer's and Planning Board's decisions, to the extent that those appeals are authorized under the zoning ordinance.

413-8 CERTIFICATE OF APPROPRIATENESS

A Certificate of Appropriateness issued by the Commission shall be 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 a historic landmark or of any building portion of any building, including the removal or architecture features from an 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 to existing buildings within a historic district or a historic site where such addition would be clearly visible from a public way.
5) New signs placed in a historic district or a historic site or historic landmark.
6) New construction of walls, fences and parking lots in an historic district within 75 feet of and clearly visible from a public way.
7) Sandblasting of brick or stone buildings.

3) MAJORITY VOTE
After a quorum of the voting members has been established in accordance with 413-3(6), and affirmative vote of at least 3 of the quorum shall be required to issue a Certificate of Appropriateness.

4) 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, alteration, or demolition until a corresponding Certificate of Appropriateness, where required by this section, has been issued by the Historic Preservation Commission.

413-9 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS

1) APPLICATION FORMS, FEES
Application for a Certificate of Appropriateness shall be obtained from the City Planner. No fee is required for a certificate of appropriateness application.

2) APPLICATION PROCEDURE
A completed application for a Certificate of Appropriateness shall be submitted to the City Planner who shall verify that the requirements of (3), below, have been met, then date it and transmit such application to the Historic Preservation Commission for action. The Commission shall consider each completed application within twenty-one (21) days of the date of submittal of a complete application and within fifteen (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.
2a - ALTERNATIVE PROCEDURE FOR REVIEW OF INSTALLATION OR ALTERATION OF ANY EXTERIOR SIGN; MINOR ALTERATIONS; AND TEMPORARY ALTERATIONS.
In order to process Certificates of Appropriateness more efficiently, applications for minor alterations shall be reviewed by the City Planning Department rather than the Historic Preservation Commission. The City Planning Department shall review the application to the standards of Section 413 and approve the application, approve it with modifications or deny it within 10 working days of receiving a complete plan. No public hearings or abutter notices are required for applications reviewed under this section. If the 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 Department does not constitute approval or disapproval of the plan.
If the applicant is not satisfied with the determination of the department, the applicant shall be permitted to have the entire application reviewed by the Commission. The City Planning Department can, for any reason, forward any minor alteration to the Commission for review. The department shall provide the commission with written notice of any action.
For purposes of this section only, temporary is defined as either a one-time occurrence that does not exceed thirty (30) days or as an annual occurrence that does not exceed one thirty (30)- day period each year.
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 Planning Department, such change shall alter the historic character of the building or site.

3) 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 paragraphs a through h of this section. The Commission may waive any application requirement if it determines that it is not necessary to an application.
a) The applicants name, address, and interest in the subject property. b) The owner's name and address, if different from the applicant's, and the owner's signature.
c) The address and the tax map and lot number.
d) The present use and zoning classification of the subject property.
e) A brief description of the new construction, reconstruction, alteration, maintenance, demolition or removal requiring the issuance of the Certificate of Appropriateness.
f) 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, the architectural design of the building(s), including materials and textures including samples of exterior materials. Drawings shall be clear, complete and specific.
g) Photographs of the building involved and of adjacent buildings.
h) A site plan indicating improvements affecting appearance such as walls, walks, terraces, planting, accessory buildings, signs, lights and other elements.

413-10 ADMINISTRATIVE PROCEDURES

1) NOTICE TO APPLICANT AND ABUTTERS
Prior to consideration of a Certificate of Appropriateness, the city shall inform the applicant and mail a notice to all persons owning abutting property of the application. This section, however, shall not apply to applications heard under Section 413-9-2a. For purposes of the notice required hereunder, the owners of property shall be considered to be those against whom municipal taxes for real estate are assessed. Failure of any person to receive notice shall not necessitate another hearing or invalidate any action by the Commission.

2) HEARING
The Commission will hold a public hearing on each application before it. Applications under Section 413-9-2a do not require a public hearing. A notice of the hearing will be mailed to abuttors 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.

3) APPROVAL
If the Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition meets the standards of this ordinance and is therefore appropriate, it shall approve a Certificate of Appropriateness and the City Planner shall notify the applicant and code enforcement officer in writing of the determination and any conditions of approval. (Amended 8-22-94)

4) 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 the ordinance. 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. (Amended 8-22-94)

5) 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.

413-11 STANDARDS OF EVALUATION

The standards and requirements contained in this section and in the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" , as revised in 1983, shall be used in review of applications for Certificates of Appropriateness and specifically as to the procedures before demolition 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.

1) 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 shall apply:

a) 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.
b) 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.
c) Change which may have taken place in the course of time is 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.
d) Distinctively stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be retained wherever feasible.
e) Deteriorated architectural features shall be repaired rather than replaced, wherever feasible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture, color, and other 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 the availability of different architectural elements from other buildings or structures.
f) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall be avoided when possible.

2) VISUAL COMPATIBILITY FACTORS
Within historic districts and on historic sites, new construction, additions to existing buildings or structures and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered, repaired or changed through new exterior surfaces shall be visually related generally in terms of the following factors:
a) HEIGHT
In addition to complying with the height standard of Table 412-1 and the height waiver standards of Section 412-5, the height of a proposed building or addition shall be visually compatible with surrounding structures when viewed from a public street.
b) WIDTH
The width of the building shall be compatible with buildings, structures and open spaces to which it is visually related.
c) 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.
d) 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.
e) 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.
f) 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.
g) 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.
h) ROOF SHAPES
The roof shape of a building shall be compatible with that of buildings to which it is visually related.
i) 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.
j) 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.

3) 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 area.

4) SIGNS
General: Signs shall be governed by the standards of Section 707, Signs, 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.
a.) Location
Wall signs generally shall be 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.
b.) 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 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 the ordinance.
c.) 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 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.
d.) Additional Guidelines for Special Categories of Signs:
1. 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 ordinance, these sign types and all advertising signs, must comply with all other historic ordinance design standards.
2. Painted Wall Signs:
Painted wall signs such as business names may be appropriate if designed in conformance with this ordinance.
3. 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.

5) DEMOLITION OR REMOVAL
a) 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 a historic district. The purpose of this paragraph 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. The Commission may, at any time during any stay created under this paragraph, approve a Certificate of Appropriateness, in which event a permit shall be issued without further delay.
b) PROCEDURE
Any person proposing any activity falling within the scope of this paragraph shall first file an application for a Certificate. Unless the Commission makes a determination that the subject building, structure or appurtenance, as the case may be, is not of historical significance, the applicant must:
i) demonstrate that the property owner is incapable of earning an economic return on value, given present location, as appraised by a qualified real estate appraiser;
ii) file a Statement of Sale. The Statement shall contain the following information, made by the owner, under oath:
A. identification of the particular property, and the building or structure involved.
B. declaration that the property involved has been properly offered for sale, that there have been no bonafide offers, and
C. identification of a price, reasonably related to fair market value, at which the owner will sell, as required in D. below.
D. declaration of offer to sell such building or structure, or appurtenance thereto, as the case may be, and any land pertaining thereto, to any person or entity (public or private) who gives reasonable assurance of willingness to reserve and restore the building, structure, or appurtenance, and any land pertaining thereto.
E. Consent for the Commission to provide the notices under subparagraph c).

c) NOTICE
When the Commission has received a complete application and a complete Statement of Sale, it shall provide notice of the offer to sell by posting on the premises, in a location clearly visible from the street, and by publication in a local newspaper of general circulation. Published notice shall be done at least 3 times, the first no more that 15 days prior to the date of any Certificate proposed by the Commission.

d) STAY
During a period of 180 days after the commission deems an application and statement, under this paragraph, to be completed, the Commission may not issue any Certificate. This time period is to permit the notices, under c), above, to be given. Before the expiration of 180 days, and during the period of the stay, the Commission may prepare a draft Certificate, to be issued in the event that the offer by the owner is not accepted.

e) CERTIFICATE
The commission may issue a Certificate if all provisions of this section, and of this paragraph, have been complied with, and no acceptance of the offer, under sub-paragraph (b)(ii)(D), was forthcoming.

413-12 ORDINARY MAINTENANCE; SAFETY

Nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in a 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, shall be specifically excluded from the scope of this Section.
Nothing in the 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.

413-13 APPEAL; HARDSHIP

An appeal from the final decision of the Commission may be taken by any party of person aggrieved to the Zoning Board of Appeals. Such appeals shall be made in writing within 30 days of the final decision of the Commission. The Zoning Board of Appeals may grant a variance from the strict application of this Section provided that the applicant can show that undue hardship would result without a variance. Any variance granted by the Board of Appeals shall be the minimum variance as will relieve the hardship. A variance granted by the Board of Appeals shall expire if the work is not commenced within 6 months of the date on which the variance was granted or if the work is not substantially completed within 12 months, unless extended by the Board.

413-14 CONFLICT WITH OTHER ORDINANCES

This Section shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other ordinance, law, regulation or bylaw. Where this Section imposes a higher and/or stricter standard, the provisions of this Ordinance shall prevail.

413-15 AMENDMENTS

The City Council, the Planning Board, or the Commission itself may initiate action to amend this Section. The request to amend shall be referred to the Commission for a report within 90 days thereon. The Commission shall hold a public hearing at least 10 days before the report is made to the City Council. Notice of the hearing shall be made public by notice in a newspaper of general local circulation at least 7 days before the public hearing.
(End Historic Preservation)