1.
Intent and Purpose. This ordinance is adopted in accordance with the Charter of the City
of Ellsworth, and pursuant to the legislative authority vested in the City by virtue of
Title 30, Maine Revised Statutes, Sections 1917 and 2151 (2) (G), and acts amendatory thereto, for the purposes of preserving, protecting, and enhancing buildings and places or areas within the City which possess particular historic or architectural significance in order to promote the educational, cultural, and economic welfare of the residents and visitors to the City. To achieve these purposes, it is intended that historic districts and related regulations be used to prevent inappropriate, alterations of buildings or structures constructed in neighborhoods and districts of historic or architectural value are designed
and built in a manner which is compatible with the character of the neighborhood or
district.
2.
Definitions.
2.1
Historic District. Any area which includes or encompasses such historic sites, Historic landmarks, buildings, signs, appurtenances, structures or objects as may be designated in
accordance with this Ordinance as appropriate for historical preservation.
2.2
Historic Site. Any parcel of land of special significance in the history of the City and
its inhabitants, or upon which a historic event has occurred, and which has been designated as such in accordance with this Ordinance. 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 be designed in accordance with this Ordinance.
2.3
Historic Landmark. Any improvement, building or structure of particular historic
or architectural significance to the City relating to its heritage, cultural, social, economic
or political history, or which exemplify historic personages or important events in local, state or national history as may be designated in accordance with this Ordinance.
3.
Qualifications. The historic districts, historic sites or historic landmarks established in accordance with this Ordinance shall have one or more or any combination of the following characteristics and qualifications, without limitations as to cultural or chronological period.
3.1 Structures 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 Ellsworth and the nation, including sites and buildings at which visitors may gain insight or see examples either of particular items or of
larger patterns in the North American heritage.
3.2 Structures or sites importantly associated with historic personages.
3.3 Structures or sites importantly associated with historic examples of a great idea
or ideal.
3.4 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 of landscaping; or a single notable
structure or a single site representing the work of a master builder, master designer, architect or landscape architect.
3.5 Structures contributing to the visual continuity of the historic district.
3.6 Those sites or areas on or eligible for listing on the National Register of Historic
Places or National Historic Landmark.
4.
Establishment of Historic Districts, Historic Sites or Historic Landmarks.
Historic districts, historic sites or historic landmarks shall be established by amendment
to Section 5 of this Ordinance, and no property shall be included within a district nor become a historic site or historic landmark without the written consent of the property
owner or owners. All such amendments shall be initiated by the completion of a form directed to the Chairman of the Commission and filed with the City Manager, City Hall,
Ellsworth, Maine. The City Manager shall thereafter call a meeting of the Commission
for purposes of formulating the Commission's recommendation concerning the request.
4.1
Studies, Recommendations. Before making its recommendation concerning the
proposed establishment of a historic district, historic site or historic landmark, the
Commission may conduct studies and research on the proposal. The Commission
will make a report to the Council on every request received. Drafts of the report
shall also be mailed to the Maine Historic Preservation Commission for review and
comment.
4.2
Public Hearing, Final Report. Before a final report is made to the Council, the
Historic
Preservation Commission shall hold a public hearing on the request, after due notice.
Written notice of the proposal shall be given to the applicant, owners of all property
abutting or to be included within the proposed designation, and all other persons found
by the Commission to have a special interest in the proposal. After said public hearing,
the Commission shall submit a final report with its recommendations to the City
Council, not later than thirty (30) days after public hearing.
4.3
Action by City Council. After receipt of the Commission's recommendations, as
provided above, the City Council at its next regular meeting shall consider and take all appropriate action on said proposed amendment in accordance with the City
Charter, the Council's rules of procedure adopted pursuant thereto, and the laws of
the State of Maine. Within ten (10) 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 of such designation by the City Clerk.
5.
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:
1) City Hall
2) *First Congregational Church
3) State Cemetery
4) *City Library
5) Ellsworth Soldiers' Monument (Civil War) Map 31, Lot 92
6) Old Hancock County Buildings at Cross St. (city owned)
7) Judge John A. Peters, Jr. House - 12 W. Maple St. - Map 31, Lot 61
8) Mary A. Lord House (William & Theodora McCarthy) 72 West Main
9) Old Jarvis Homestead (Eji & Virginia Suyama) 58 West Main
10) Alexander Baring Black House (Norma King) 39 West Main
11) The White Pillars (Philip & Vera Eaton) 130 Court Street
12) *Woodlawn (The Black Mansion)
13) Whiting/Whitcomb House (Rosborough, Inc.) 214 Main St.
14) Austin/Wiswell House (Blaisdell & Blaisdell) 210 Main St.
15) Joshua R. Jordan House (Charles & Ruth Kane) 24 High St. Map 32 Lot 125
16) *Birdsacre (Stanwood Homestead)
17) Residence of John & Lorene Rosborough - 43 Laurel St. - Map 31, Lot 69
18) The Dudman Communications Corp. Bldg. - State Street - Map 34, Lot 5
19) Commercial building owned by George Shepherd - 16-18 West Main - Map 31, Lot 46
20) Residence of Gordon F. Kenniston - 61 Pine Street - Map 31, Lot 90
21) Residence of Betsy Roy - 77 West Main St. - Map 31, Lot 90
22) Residence of Nicholas Holt - 65 Pine Street - Map 32, Lot 58
23) Residence of Elizabeth Lovell (John Black, Jr.) 136 W. Main St. - Map 31, Lot 8
24) Residence of Sylvia Whitcomb (The Little Red Farm) Bayside Road - Map 3, Lot 1
25) Stephen Shea property - 14 Water Street
26) Buckminster property (Dr. Harding House) 194 Main St.
27) Buckminster property 62 Pine St.
28) Nathaniel Treworgy Homestead Surry Road - Map 3, Lot 8
29) First Congregational Church - Corner Church & State
6.
Historic Preservation Commission
6.1 Members of the Historic Preservation Commission shall be appointed by the City Council which shall make such appropriations each year as may be necessary to fund the activities of the Commission.
6.2 The Commission shall consist of five (5) members, who shall be residents of the
City of Ellsworth. Appointments shall be made on the basis of demonstrated interest,
ability, experience and desire to promote historic preservation in the City of Ellsworth within the meaning of Section 1 of this Ordinance. In addition to the regular members of
the Commission, the City Council may appoint other persons, not necessarily residents of Ellsworth, who shall serve on an advisory or consultant basis to assist the members of the Commission in the performance of their functions.
6.3 The Commissioners who are first appointed shall be designated to serve terms 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 commissioners shall be appointed for terms of three (3) years, except in those instances in which the appointment is made to fill a vacancy in an un-expired term, in which case the appointment shall be for the remainder of the un-expired term. *Any vacancy shall be filled within sixty (60) days. Members of the Commission shall serve without compensation and shall serve no more than two (2)
successive terms. Persons appointed to serve in an advisory or consulting capacity shall hold office during the pleasure of the Council.
6.4 Such Commission shall elect annually a chairman, vice chairman and secretary from its own membership. A majority of the number of members appointed by the City Council shall constitute a quorum for the transaction of business before said Commission, but is less
than such majority is present at a meeting, a majority of those present may adjourn the meeting from time to time.
6.5 Said Commission for its purposes shall adopt and may from time to time amend rules and regulations not inconsistent with the intention of this Ordinance and of the State enabling legislation. *Duties of the Commission shall include but not be limited to the following:
*Amended 10/15/84
1.Conducting, or causing to be conducted a continuing survey of cultural resources in the community according to guidelines established by the State Historic Preservation Commission;
2. Making recommendation for designation of local landmarks and historic districts to the appropriate local governing body;
3. Establishing and using written guidelines for the conservation of designated local landmarks and historic districts in decisions on requests for permits for alterations, demolition, or additions to listed landmarks and buildings within historic districts;
4. Acting in an advisory role to other officials and departments of local government regarding the protection of local cultural resources;
5.Acting as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation; and
6.Working toward the continuing education of citizens within the Certified Local Government's jurisdiction regarding historic preservation issued and concerns.
6.6 The Historic Preservation Commission may, subject to appropriations by the City
Council or other income, employ clerical and technical assistants or consultants, and may accept grants, money gifts, or gifts of service, and may hold or expand the same for all or any of the purposes of historic preservation in the City of Ellsworth. The Commission shall advise and assist owners of designated structures of historic sites with plans and assistance in complying with the requirement of this Ordinance to the extent possible under the funding
available to the Commission, in an effort to further the accomplishment of this Ordinance. The Commission may erect a suitable sign or marker indicating the historical fact of any designated site or building, subject to appropriations or other income available to the Commission.
7.
Uses Permitted. Uses permitted in historic districts, historic sites or historic landmarks shall be those set forth in the City of Ellsworth Land Use Ordinance provisions for the zone in which such district, site or landmark are located.
8.
Certificate of Appropriateness. In any historic district and with respect to any
historic site or historic landmark, no building permit shall be issued by the Code Enforcement Officer for any construction, alteration, or demolition until a corresponding Certificate of Appropriateness has been issued by the Historic Preservation Commission.
8.1
Certificate of Appropriateness. A Certificate of Appropriateness
issued by the Commission shall be required before a permit is used for any of the following:
8.1.1 Material change in the exterior appearances of a historic landmark,
site or any building in a historic district by addition, reconstruction or
alteration.
8.1.2 New construction or a principal or accessory building or structure
visible from a public street where such building or structure will be located in a historic district.
8.1.3 Demolition of a historic landmark or of any building in a historic
district.
8.1.4 Moving of a historic landmark or any building in a historic district.
8.2
Applications. Application for a Certificate of Appropriateness shall be obtained
from the Code Enforcement officer when obtaining a building permit, or when no
building permit is required but when such activity must be approved by the Historic Preservation Commission.
9.
Application Procedure. Written application for the Certificate of Appropriateness shall be
submitted to the Historic Preservation Commission stating the location, use and nature of
the manner or item for which such Certificate is sought. Application for a Certificate of
Appropriateness shall be submitted to the Code Enforcement Officer, who shall transmit such application to the Historic Preservation Commission for action. The Commission *shall act on the application *within sixty (60) days after submission. It shall be returned to the Code Enforcement Officer who shall then issue or deny permits as appropriate.*
Amended 10/15/84
9.1.1 The applicant's name and address and his interest in the subject property.
9.1.2 The owner's name and address, if different from the applicant's.
9.1.3 The address of location of the subject property.
9.1.4 The present use and zoning classification of the subject property.
9.1.5 A brief description of the construction, reconstruction, remodeling,
alteration, maintenance, demolition or moving requiring the issuance
of a Certificate of Appropriateness.
9.1.6 A drawing or drawings indicating the design, texture, color and location
of any proposed alteration or new construction for which the Certificate
is being applied. As used herein, drawings shall mean plans and exterior elevations drawn to scale, with sufficient detail to show as far as they relate to exterior appearances, the architectural design of the buildings, including materials, textures and colors, including samples of materials and colors.
9.1.7 Photographs of the building involved and of adjacent buildings.
9.1.8 A site plan indicating improvements affecting appearance such as walls, walks, terraces, planting, accessory buildings, signs, lights, and other elements. The Commission may waive the requirement for a site plan if the change involved would not affect the improvements, shown on such a plan.
10.
Administrative Procedures.
10.1
Notice of Owner. Prior to issuance or denial of a Certificate of Appropriateness, the Commission shall take such action as may be reasonably required to inform by U. S. Mail the applicant, all persons owning abutting property and/or within 100 feet of the exterior boundaries
of the real estate under consideration in the application and all such other persons as the Commission may deem appropriate of the pendency of the application, and shall give such persons an opportunity to be heard. For purposes of the notice required hereunder, the owners of property shall be considered to be those against whom municipal taxes for the real estate are assessed.
10.2
Hearings. At the request of the applicant, or any other person receiving notice under section 10.1 above, or where the Commission deems it necessary a public meeting on the application may be conducted by the Commission.
10.3
Approval. If the Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition is appropriate, it shall
approve a Certificate of Appropriateness and return it to the Code Enforcement Officer for issuing of necessary permits.
10.4
Disapproval. If the Commission determines that a Certificate of
Appropriateness should not be issued it shall place upon its record the reasons for such determination, furnishing him an attested copy of the reasons therefore, and the recommendations, if any, as appearing in the records of the Commission.
10.5
Appeals. An appeal from any final decision of the Commission as to any matter
over which it has final authority may be taken by any party or by any authorized officer or agent of the City to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
11.
Standards of Evaluation. The standards and requirements contained in this section
*Amended 10/15/84 and
guidelines and standards of the Secretary of the Interior shall be used in review of
applications for Certificates of Appropriateness and specifically as to procedures before
demolition can take place.
11.l
Reconstruction, Alterations and Maintenance. A building or structure
classified as a historic landmark, or a building or structure located in a
historic district, or any part thereof, or any appurtenance related to such
structures, including but not limited to walls, fences, light fixtures, steps,
paving and signs shall not be reconstructed, altered or maintained, and no
Certificate of Appropriateness shall be issued for such actions, unless they
will preserve or enhance its historical and architectural character.
11.2
Demolition or Removal. A historic landmark, or any building or structure in
a 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 a 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 not capable of earning an economic return on its value in its present location as appraised by a qualified real estate appraiser. If such a demonstration can be made, issuance of a certificate for movement or demolition
shall be delayed for a period of 180 days. Such time period shall commence when an
application for Certificate and the Statement of Sale, as outlined below, have been filed with the Commission. Notices shall be posted on the premises of the building or structure proposed for demolition in a location clearly visible from the street. In addition, notice shall be published in a newspaper of general local circulation at least three (3) times prior to demolition, the final notice of which shall be not less than fifteen (15) days prior to the date of the permit, and the first notice of which shall be published no more than fifteen (15) days after the application for a permit, to demolish, is filed. Prior to the issuance of such certificate for removal, the owners shall stipulate that the proper notices as required had been posted, that the property was properly offered for sale, that there has 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 set forth and at a price reasonably related to its face 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, or political subdivision 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 offer to sell, an owner shall first file a statement 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 section shall not commence until such statement has been filed. The purpose of this section is to
further the purposes of this Ordinance 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 opportunities to acquire or to arrange for the
preservation of such buildings. The Commission may at any time during
such stay approve a Certificate of Appropriateness in which event a permit shall be issued without further delay.
11.3
Construction of New Buildings and Structures in Historic Districts
The construction of a new building or structure within a historic district
shall be generally of such design, form, proportion, mass, configuration,
building material, texture, color 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.
11.4
Visual Compatibility Factors Within historic districts, new construction and existing buildings and structures and appurtenances thereof which are moved, reconstructed, materially altered, repaired or changed in color shall be visually related generally in terms of the following factors:
11.4.1
Height The height of proposed buildings shall be compatible with adjacent buildings.
11.4.2
Proportion of Buildings Front Facade The relationship of the
width of the building to the height of the front elevation shall be visually compatible with buildings, structures, and open spaces where it is visually related.
11.4.3
Proportion of Opening with the Facade The relationship of the
width of the windows to height of windows and doors in a building shall be visually compatible with those of windows and doors of buildings to which the building is visually related.
11.4.4
Rhythm of Solids to Voids in Front Facades The relationship of solids to voids in the front facade of a building shall be visually compatible with that of the buildings to which it is visually related.
11.4.5
Rhythm of Spacing of Buildings on Streets The relationship of the building to the open space between it and adjoining buildings shall
be visually compatible to those prevailing in the area to which it is
visually related.
11.4.6
Rhythm of Entrance and/or Porch Projection The relationship of
entrance and porch projections to sidewalks of a building to which it
is visually related.
11.4.7
Relationship of Materials, Textures, and Color The relationship
of materials, textures and color of the facade of a building shall be visually compatible with that of the predominant materials used in the buildings to which it is visually related.
11.4.8
Roof Shapes The roof shape of a building shall be visually
compatible with that of the building to which it is visually related.
11.4.9
Scale of Buildings The size of the building, the building mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with those characteristics of buildings and spaces to which it is visually related.
11.4.10
Directional Expression of Front Elevation A building shall be visually 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 non-directional character.
**12.
Maintenance **Repealed and Replaced 12/20/93
12.1
Ordinary Maintenance No ordinary maintenance or repair of any exterior feature in a historic district or of any historic building shall occur unless a Certificate of Appropriateness is first issued for that maintenance and repair.
A certificate of appropriateness shall be issued if either:
12.1.1 The maintenance or repair does not involve a change in the design, material or outer appearance of the feature; or
12.1.2 The Building Inspector certifies in writing that the repair is required in the interest of public safety because of an unsafe or dangerous condition on the premises. Any modification under this subsection shall be permitted only upon a finding of the Commission that the proposed modification is the least disruptive manner of addressing the public safety concerns.
13.
Penalties
13.1
Violations Any person who violates any provision of this Ordinance shall be guilty of a civil violation and shall be punished by a fine of not more than $100 and not less than $25. Each day that a violation continues shall be deemed a separate offense.
13.2 Additional Remedies In addition to the remedies provided herein, the Commission and/or the Code Enforcement Officer are specifically authorized to institute any and all actions and proceedings, in law or in-equity, as they may deem necessary and appropriate to obtain compliance with the requirements of this Ordinance or to prevent a threatened violation thereof.
Adopted 1/15/79
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