The purpose of the Historic Overlay
Zone is to:
A.
Safeguard the heritage of the Town by preserving
areas and structures which reflect elements of its cultural, social,
economic, political, or architectural history or pre-history;
B.
Stabilize and improve property values in
the area of historic districts and strengthen the local economy;
C.
Foster civic beauty;
D.
Promote the use and preservation of historic
districts for the education, welfare, and pleasure of the residents
of the Town, county, the State of Maryland, and the United States
of America;
E.
Develop an awareness among property owners
of the value of preserving, protecting, and restoring areas of historical
significance; and
F.
Enable the Town government to identify
and officially designate structures and sites of historical and cultural
importance to the Town in order to protect, preserve, and promote
the continued use and enhancement of the identified structures and
sites, and in order to make such structures and sites eligible for
specific benefits conferred by this and other Town ordinances and
policies which may be adopted.
The following definitions shall be
construed to include the future; the singular to include the plural;
and the plural to include the singular.
Includes paved or unpaved walkways or driveways, trees, landscaping,
rocks, and open space located within the existing or proposed Historic
Overlay Zone.
A business day when the Denton Town government is open for
business.
Any willful neglect in the maintenance and repair of an individually
designated landmark, site, or structure, or a site or structure within
a designated preservation district, not including any appurtenances
and environmental settings, that does not result from an owner's financial
inability to maintain and repair such landmark, site, or structure,
and which results in any of the following conditions:
The deterioration of the foundations,
exterior walls, roofs, chimneys, doors, or windows, so as to create
or permit a hazardous or unsafe condition to exist; or
The deterioration of the foundations,
exterior walls, roofs, chimneys, doors, or windows, the lack of adequate
waterproofing, or the deterioration of interior features which will
or could result in permanent damage, injury, or loss of or loss to
foundations, exterior walls, roofs, chimneys, doors, or windows.
The Denton Historic and Architectural Review Commission.
The Denton Historic and Architectural Review Commission Guidelines.
[1]A significant concentration, linkage, or continuity of sites,
structures, or objects united historically or aesthetically by plan
or physical development.
A historic district, designated by the Denton Town Council
as provided herein, containing significant features, woodlands, vegetation,
structures, sites, monuments, landmarks, farmland, and/or archaeological
sites. The historic district shall be accurately posted on the Official
Town Zoning Map. (A historic district may be comprised of a single
lot or multiple lots.) The area shall include such property as is
essential for historical protection. Additional area may be included
or added as determined by the Historic Commission and Planning Commission
and approved by the Town Council to benefit or enhance the Historic
Overlay Zone.
A term used to identify a historic site or any item interpreted
as a structure, as defined in "structure."
A required protective maintenance of historic-overlay-zoned
structures and sites. Minimum maintenance shall be interpreted to
be the minimum building codes currently enforced by the Town of Denton
and shall include emergency repairs and ADA compliance items.
Routine repairs which do not alter the exterior features
of a historic site or historic resource within a Historic Overlay
Zone. Exterior features include the architectural style, design, and
general arrangement of the exterior; the color, nature, and texture
of building materials; and the type and style of all windows, doors,
light fixtures, signs, and similar items found on, or related to the
exterior of, a historic site or historic resource within a Historic
Overlay Zone. Basically, ordinary maintenance is that which will have
no material effect on the historical, architectural, cultural, or
archaeological value of the historic site or historic resource within
a Historic Overlay Zone. This definition of "ordinary maintenance"
applies, whenever appropriate, to the appurtenances and environmental
setting of the property, as well as the building, structure or object
itself. Specific items to be considered as ordinary maintenance include:
Repair or replacement of roofs, gutters,
siding, external doors and windows, shutters, trim, lights, decks
or porches, fences, and other appurtenant fixtures with like materials
of like design.
Landscaping, except the removal of
significant healthy trees.
Paving repair using like materials
of like design.
Repainting of surfaces using the
same or substantially the same color.
The location of an event of historic significance or a standing
or ruined structure that possess historic archaeological, or cultural
significance.
A combination of material to form a construction that is
stable, including but not limited to buildings, stadiums, reviewing
stands, platforms, staging, observation towers, trestles, bulkheads,
piers, wharves, sheds, coal bins, shelter, fences, and display signs.
[1]
Editor's Note: Ordinance No. 472, adopted
2-7-2005, adopted Historic and Architectural Review Commission Guidelines,
which guidelines shall have the same force and effect of any other
ordinance adopted by the Town. Said guidelines are on file in the
Town offices.
Section 8.02, Annotated Code of Maryland,
gives the Town of Denton the power to designate historic landmarks,
and to establish, change, lay out, and define zones which are deemed
to be of historic or architectural value, following the procedures
as per this article of this chapter.
A.
The Historic Overlay Zone is a special
district to be superimposed on other districts contained in these
regulations and is to be so designated by a special symbol for its
boundaries on the Official Zoning Map. The uses, housing types, minimum
lot requirements, minimum yard requirements, maximum height, and accessory
uses and accessory signs shall be determined by the regulations applicable
to the underlying zone over which the Historic Overlay Zone is superimposed
except as the underlying zone regulations may be modified by the applications
in the Historic Overlay Zone.
B.
The Historic Commission Guidelines, adopted by Ordinance No. 472 on February 7, 2005, or as amended thereafter, shall apply to, and shall be considered during the review of, all plans, site plans, subdivision plans, work permits, or other applications for new development, new construction involving structural alterations, new structures, and all applications for special exceptions or variances on all land within the Historic Overlay Zone. Where these guidelines conflict with any provision of this chapter or the Subdivision Ordinance, Chapter 73, Land Subdivision, or any other ordinance of the Town of Denton, these guidelines shall control.
A building or land shall be used
only for the following purposes, and, except as provided herein, in
each case subject to approval by the Director of Planning and in accordance
with the standards set forth in this article and the standards and
procedures set forth in this article.
A.
Any use, accessory use, or sign permitted
in the zoning district in which the premises is situated and upon
which the Historic Overlay Zone is superimposed. The normal maintenance
of a historic area or building, or the charging of admission fees
for visitors, or the conduct of visitor tours, or centers or services
within the Historic Overlay Zone shall not be considered as commercial
uses.
B.
Any conditional use permitted in the zoning
district in which the premises is located, subject to the procedures
and standards of this chapter for approval of conditional uses and
subject in all cases to report by the Historic Commission in accordance
with the purposes and standards of the Historic Overlay Zone.
C.
Any special exception or variance permitted
in the zoning district in which the premises is located, subject to
the procedures and standards of this chapter for approval of special
exceptions and variances and subject to report by the Historic Commission
and specific findings of the Board of Appeals regarding the purposes
and standards of the Historic Overlay Zone; provided, however, that
if said special exception or variance is of such a minor nature as
to be exempted from review by the Board of Appeals by the terms of
the regulation in the Historic Overlay Zone, then no such review or
report shall be required.
A.
Creation of Historic Commission and membership.
Pursuant to Article 66B, § 8.03, of the Annotated Code of
Maryland, the Denton Town Council shall create and appoint members
for a Historic Commission. The Historic Commission shall have a membership
of five members, all of whom are qualified by special interest, knowledge,
or training in such fields, but not limited to said fields, as history,
architecture, archaeology, preservation, or urban design; and of which
two of the five shall have professional qualifications which shall
be determined according to the guidelines set forth in "Procedures
for State Certification of Local Government Historic Preservation
Programs," as established by the Maryland Historical Trust in February
1985, in one or more of the said fields. In addition, four of the
five members shall be residents of the Town. All members of the Historic
Commission shall, to the extent possible, be selected to represent
the geographical, social, economic, and cultural concerns of the residents
of the Town.
B.
Term of membership. The members shall be
appointed for terms of three years each, except that, in making the
initial appointments, some appointments shall be established for less
than three years in order that, as these initial terms expire, all
appointments shall be for three years and shall not expire at the
same time. Specifically, the first Chairperson of the Historic Commission
shall be appointed for a three-year term. Members of the Historic
Commission are eligible for reappointment. Any vacancy on the Historic
Commission shall be filled by the appointing authority for the unexpired
term of the particular position. Town authorities may consult private
societies or agencies to request the names of possible members to
fill vacancies on the Historic Commission.
C.
Removal for cause. A member may be removed
for cause from the Historic Commission by a majority vote of the Town
Council.
D.
Chairperson. The Historic Commission shall
elect, by the 31st of January each year, a Chairperson who shall serve
for one year. If the Historic Commission fails to elect a Chairperson
by the 31st of January each year, the Mayor will appoint a Chairperson.
E.
Compensation. The members of the Historic
Commission shall serve without compensation, but they may be reimbursed
for actual expenses incurred in performance of their duties, provided
said expenses are permitted by the budget and approved by the Town
Council.
F.
Gifts. The Historic Commission shall have
the right to accept and use gifts for the exercise of its functions.
G.
Architectural easements. The Historic Commission
may purchase or accept architectural easements in connection with
structures located in or adjacent to the Historic Overlay Zone. Such
easement shall grant to the Historic Commission, residents of the
Historic Overlay Zones, and the general public the perpetual right
to have the exterior appearance of any structure upon which it is
applied retained in substantially the same character as when the easement
took effect.
H.
Regulations, bylaws, and rules of procedure.
The Historic Commission shall adopt its own rules and regulations
for organization, conduct of meetings, and other transaction of business.
The bylaws and rules of procedure adopted by the Historic Commission
shall be available for public inspection.
I.
Guidelines. The Town Council shall adopt
and amend Historic and Architectural Review Commission Guidelines
which shall be considered by the Historic Commission when reviewing
applications.
J.
Meetings. The Historic Commission shall
hold such regular meetings which, in its discretion, are necessary
to discharge its duties. At a minimum, the Historic Commission shall
hold meetings every three months; however, if an application is filed,
the Historic Commission shall hold a monthly public meeting to discuss
said application. Said meetings shall be open to the public whereby
any interested person or his representative is entitled to appear
and be heard by the Historic Commission before it reaches a decision
on any matter; and all decisions by the Historic Commission shall
be made in a public forum. The Historic Commission shall keep an open
record of its resolutions, proceedings, and actions which shall be
kept available for public inspection during reasonable business hours.
Applicants shall be given written notification of the decision of
the Historic Commission.
K.
Staff. There may be appointed and/or assigned
to the Historic Commission such employees, including personnel to
record minutes of all meetings, and the Town Administrator shall make
available to the Historic Commission such services and facilities
of the Town, as are necessary or appropriate for the proper performance
of duties of the Historic Commission. The Town Attorney shall serve
as counsel and the Town staff shall serve as staff to the Historic
Commission.
A.
Designating body. Historic Overlay Zones
shall be designated by the Town Council in accordance with the procedures
established by this chapter.
B.
Petition for designation or removal of
designation. Petition for designation of a Historic Overlay Zone or
removal of said designation may be initiated by the owner of the site
or by that owner's agent, by the Historic Commission, or by any interested
person, group, or organization.
C.
Criteria for designation. The following
criteria are to be considered when making the determination to designate
a resource eligible for classification as a Historic Overlay Zone
or an area within a Historic Overlay Zone.
(1)
Historic and cultural significance. The
historic resource:
(a)
Has significant character, interest
or value as part of the development, heritage, or cultural characteristics
of the Town, county, state, or nation;
(b)
Is the site of a historic event;
(c)
Is a site that has yielded, or may
be likely to yield, information important in prehistory or history;
(d)
Is identified with a person or a
group of persons who influenced society; or
(e)
Exemplifies the cultural, economic,
social, political, or historic heritage of the Town.
(2)
Architectural and design significance.
The historic resource:
(a)
Embodies the distinctive characteristics
of a type, period, style, or method of construction;
(b)
Represents the work of a master craftsman,
architect, or builder;
(c)
Possesses high artistic values;
(d)
Represents a significant and distinguishable
entity whose components may lack individual distinction; or
(e)
Represents an established and familiar
visual feature of the Town, due to its singular physical characteristics
or landscape.
D.
Should a Historic Overlay Zone or an area
within a Historic Overlay Zone no longer meet the above criteria and
the specific criteria for which it was originally designated, the
Historic Overlay Zone designation may be removed by legislative action
of the Town Council after receipt of a recommendation from the Historic
Commission.
E.
Should a Historic Overlay Zone or an area
within a Historic Overlay Zone have received Town-authorized or -administered
preservation grants, loans, or special property tax incentives, the
Town Council may require that those funds received through grants,
loans, or tax incentives be reimbursed in full to the Town prior to
the site being removed from the Historic Overlay Zone designation.
A.
Petitions for Historic Overlay Zone designation
or removal of a Historic Overlay Zone designation shall be filed with
the Department of Planning and Codes Administration. The petitions
concerning Historic Overlay Zone designation shall include a completed
Historic Overlay Zone application form and additional information
as required by the Historic Commission to enable the Historic Commission
to make a well-informed decision. The application and all attachments
shall be forwarded to the Chairperson of the Historic Commission within
three days of the application filing date. The Historic Commission
shall have 20 days to review the application after it has been discussed
at a public meeting held by the Historic Commission before forwarding
the Historic Overlay Zone application, attachments (if applicable),
and Historic Commission recommendations to the Town Council.
B.
If the Historic Commission feels that more
than 20 days are needed in order to make an educated and informed
decision, the Historic Commission shall inform the applicant of their
request for an extension prior to the terminus of the twenty-day period.
The applicant shall then send a written response to the Director of
Planning within 10 days, and the official shall forward said response
to the Historic Commission within three days of receipt of said response.
If the applicant fails to send a written response within the designated
time period, the petition is null and void and would need to be resubmitted
if said applicant wishes to pursue the matter. If the Historic Commission
receives a negative reply for an extension, the Historic Commission
shall have five days to forward its recommendations to the Town Council.
If the Historic Commission fails to act within the designated time
period, the application shall be forwarded to the Town Council, which
approves the petition.
C.
For petitions initiated by other than the
owner, the applicant must abide by the following criteria:
(1)
Notify the owner of the property at least
14 days prior to the Historic Commission's next scheduled meeting
to discuss the application;
(2)
Clearly identify the significance of the
site with regard to the Town;
(3)
State the need for the site to be designated
a Historic Overlay Zone;
(4)
Demonstrate how the public interest will
be served by having the site designated a Historic Overlay Zone;
(5)
Demonstrate that the designation will not
create an undue burden or hardship for the property owner;
(6)
Consider the property owners' comments
and desires; and
(7)
A unanimous vote of the Town Council will
be required to designate the site as a Town Historic Overlay Zone.
A.
The Historic Commission may obtain comments
from appropriate county, state, and federal agencies, and from appropriate
private organizations, including, but not limited to, educational
institutions and local historical societies, and shall forward its
recommendation to the Town Council for action.
B.
The Maryland Historic Trust may be designated
by the Historic Commission to make an analysis of and recommendation
concerning the preservation of structures of historic and architectural
value within the area served by the Historic Commission. Such report
may include proposed boundaries of districts and the use recommended
to be permitted in the districts as well as identify and designate
particular structures recommended to be preserved.
The Town Council, upon receipt of
recommendations regarding a Historic Overlay Zone application from
the Historic Commission, shall:
A.
Schedule a public hearing with relation
to the case by publishing a notice of the time and place of such hearing
in a newspaper of general circulation in the Town at least 14 days
in advance of said hearing.
B.
Inform the affected property owner(s) via
written notice to be postmarked at least 14 days in advance of the
scheduled public hearing of the date, time, and place of said hearing.
C.
Hold a public hearing at which parties
in interest and citizens shall have an opportunity to be heard.
D.
Prepare a finding of facts based upon the
criteria for designation listed in this section of this chapter and
upon the comments of owners of property within the proposed overlay
district. It shall be the policy of the Town to carefully consider
the impact of any proposed zoning, special exception use, permitted
uses (such as, but not limited to, public utility buildings, and structures,
including radio and television broadcasting stations), utility distribution
lines, public buildings and structures, public (state, county, or
Town) roads and rights-of-way, or development upon officially designated
Historic Overlay Zones and, to the greatest degree practical, avoid
or minimize any adverse effects.
E.
Upon finding that a proposed site meets
the criteria of this chapter, and that such designation is in the
general interest of the citizens of Denton, the Town Council may designate
or remove the Historic Overlay Zone or an area within a Historic Overlay
Zone and cause the site to be posted on or removed from the Official
Zoning Map.
F.
In the event of a denial of an application,
the applicant shall receive a written notification of the reasons
for such denial to be postmarked within five days of the Town Council
decision.
The Historic Commission shall have
the following powers and duties:
A.
To maintain and update an inventory of
historic resources within the Town.
B.
To review applications for designation
or removal of a Historic Overlay Zone or an area within a Historic
Overlay Zone, and to forward recommendations to the Town Council,
which will approve or disapprove the designation or removal of a Historic
Overlay Zone or an area within a Historic Overlay Zone.
C.
To review and process applications for
historic area work permits.
D.
To make recommendations to the Planning
Commission on courses of action in the event of subdivision of land
within a Historic Overlay Zone as it relates to the preservation of
the historic resource, of the architectural setting, and of the environmental
setting in which the resource is located.
E.
To recommend courses of action to the Planning
Commission in the event of subdivision of land containing an identified
historic resource as it relates to the preservation of the historic
resource, of the architectural setting, and of the environmental setting
in which the resource is located.
F.
To review any legislation and proposal
affecting historic preservation and to make recommendation on said
legislation and proposals to appropriate authorities.
G.
To research Town historic resources and
recommend applicable sites, areas, and structures to the Town Council
for designation as a Historic Overlay Zone.
H.
To serve as a clearinghouse for information
on historic preservation for Town government, individuals, citizens'
associations, historical societies, and local advisory committees;
to provide information and educational materials for the public; and
to undertake activities to advance the goals of historic preservation
in the Town of Denton.
I.
To regularly inform the Maryland Historical
Trust of addition or removal of a Historic Overlay Zone or an area
within a Historic Overlay Zone and of new information or data found
or researched regarding historic sites or structures in the Town.
J.
To employ consultants or other temporary
personnel, consistent with Town contract provisions, as deemed necessary
to assist the Historic Commission in the accomplishment of its functions.
Said consultants or other personnel shall be compensated as may be
provided for in the Town budget.
K.
To write or amend the Historic Commission
guidelines for Town Council approval consideration.
A.
Before the construction, alteration, reconstruction,
repair, moving, or demolition of any structure is made within a designated
Historic Overlay Zone, for any proposed changes that would affect
the exterior appearance of the structure, the individual(s), firm
or corporation proposing to make the construction or change shall
file with the Historic Commission a historic area certificate of approval
application for permission to build, alter, repair, reconstruct, move,
demolish, or make an addition. If the proposed changes require a Town
building permit as determined by this chapter, a completed building
permit shall accompany the historic area certificate of approval application
to be filed with the Historic Commission. All proposed changes shall
be consistent with the Historic Commission Guidelines.
B.
Emergency repair items and residential
ADA items shall be approved by the Department of Planning and Codes
Building Official.
C.
Every such certificate of approval application
shall be referred to and considered by the Historic Commission and
accepted or rejected by the Historic Commission. No building permit
for any such change may be granted until the Historic Commission has
acted thereon as hereinafter provided.
D.
Application to the Historic Commission is not required for ordinary maintenance as defined in § 128-44, Definitions.
E.
Specific items requiring historic area
certificate of approval. A historic area certificate of approval shall
be filed for the following specific items, whether or not a building
permit is required.
(1)
Repair or replacement of roofs, gutters,
siding, external doors and windows, external trim, external lights,
and other external appurtenant fixtures, with different materials
of different design.
(2)
Removal of a building, structure, or object,
or a visible portion thereof, including outbuildings.
(3)
New construction or any enlargement, modification,
or alteration of the exterior of an existing building, structure or
object which requires a building permit.
(4)
Removal, replacement, or enclosure of porches.
(5)
Basic alteration of materials, including
installation of siding, shingles, or masonry facing.
(6)
Removal of significant healthy trees.
(7)
Installation or removal of fencing or fence-walls.
(8)
Permanent installation or removal of shutters.
(9)
New paving or modification of paving materials
in front of building line.
(10)
Removal, modification, or alteration
of exterior architectural features.
(11)
First time painting, removal of paint
or substantially changing the color of paint.
(12)
Exterior sandblasting.
(13)
Performing any grading, excavating,
construction, or substantially modifying, changing, or altering the
environmental setting.
(14)
Erecting or causing to be erected
any sign or advertisement (with the exception of those signs which
are erected temporarily for such purposes as advertising the sale
of the property site or promoting a political viewpoint) on exterior
structures or in the environmental setting.
(15)
Any other act which does not constitute
ordinary maintenance but which modifies, alters, or otherwise affects
the exterior features of a historic resource within a Historic Overlay
Zone.
A.
In reviewing applications for certificates of approval and work permits filed under the provisions of § 128-54, Historic area work certificates of approval, the Historic Commission shall review each application or permit for consistency with the Historic and Architectural Review Commission Guidelines. In addition to the Guidelines, the Historic Commission shall give consideration to:
(1)
The historic or architectural value and
significance of the structure and its relationship to the historic
value of the surrounding area;
(2)
The relationship of the exterior architectural
features of the structure to the remainder of the structure and to
the surrounding area;
(3)
The general compatibility of exterior design,
arrangement, texture and materials proposed to be used;
(4)
The extent to which the building or structure
would be harmonious with, or incongruous to, the environmental setting
of a designated Historic Overlay Zone. It is not the intent of this
chapter to discourage contemporary architectural expression, or to
encourage the emulation of existing buildings or structures of historical
architectural interest in specific detail. Harmony or incompatibility
will be evaluated in terms of the appropriateness of materials, scale,
size, height, and placement of new buildings in their relationship
with existing structures; and
(5)
Any other factors, including aesthetic
and environmental factors, which the Historic Commission deems pertinent.
B.
Limitation of considerations. The Historic
Commission normally shall consider only exterior features of a structure,
but in cases where the owner voluntarily subjects the interior arrangement
and materials to review by the Historic Commission, those interior
features shall also be considered. The Historic Commission shall not
disapprove a certificate of approval application except with respect
to factors specified above. Furthermore, the Historic Commission will
not limit new construction, alteration or repairs to any one architectural
style of a given chronological period.
C.
Strictness and leniency in judgement of
plans. The Historic Commission shall be strict in its judgment of
plans affecting those structures designated as having significant
historic or architectural value. The Historic Commission may be lenient
in its judgment of plans of structures of little historic value or
for plans involving new construction, unless such plans would seriously
impair the historic or architectural value of the surrounding area.
A.
Applications for issuance of a historic
area certificate of approval shall be filed with the Director of Planning.
The historic area certificate of approval application, provided by
the Department of Planning, shall have all pertinent information completed
upon submittal of the application and, if a building permit is deemed
required as per this chapter, a completed building permit application
must be filed with said historic area certificate of approval permit
application.
B.
Upon the filing of a completed application,
within 10 days, the Director of Planning shall forward the application
and all attachments to the Historic Commission.
C.
Upon receipt of the application, the Historic
Commission shall consider at its next regularly scheduled public meeting.
D.
The Department of Planning shall notify
the applicant of the public meeting scheduled with the Historic Commission
for review of the application and shall provide a public notice to
the applicant for posting by the applicant on the property for purposes
of notifying citizens or organizations which may have an interest
in the proceedings.
E.
At the public meeting, interested persons
will be encouraged to comment, and written and/or taped minutes of
the proceedings shall be kept. Specific rules of procedure shall be
determined by the Historic Commission.
F.
Actions of the Historic Commission.
(1)
The failure of the Historic Commission
to act upon a completed application within 45 days from the date the
completed application was filed shall be deemed to constitute automatic
approval of the proposed changes unless an extension of this forty-five-day
period is agreed upon mutually by the applicant and the Historic Commission
or the application has been withdrawn.
(2)
Within 14 days after an application is presented and reviewed at the Historic Commission's public meeting, the Historic Commission shall make its decision public. However, if Subsection G of this section is applicable, an extension shall be granted to the Historic Commission.
(3)
The Historic Commission shall instruct
the Director of Planning to:
(4)
The applicant shall receive a written notification
of the Historic Commission's decision. In the event of a denial of
a certificate of approval, reasons for such denial shall be included
with the written notification.
(5)
If, after a public meeting, the Historic
Commission finds that not issuing a certificate of approval applied
for will result in the denial of reasonable use of the property, or
impose undue hardship on the owner, and, within a period of 90 days
after the public appearance, no economically feasible plan for the
preservation of the structure has been demonstrated by those seeking
preservation, the Historic Commission must then instruct the Director
of Planning to issue a certificate of approval with, if applicable,
such reasonable conditions which will further the intent and purposes
of this section.
G.
In the event that any party is aggrieved
by a decision of the Historic Commission, then 30 days from the date
on which the Historic Commission's decision is made public, said aggrieved
party may appeal to the Board of Appeals which will review the Historic
Commission's decision based on the record of the proceedings before
the Historic Commission. Further appeal may be taken to the Circuit
Court for Caroline County.
H.
Miscellaneous provisions:
(1)
The applicant for a permit shall have the
responsibility of providing information sufficient to support the
application and the burden of persuasion on all questions of fact
which are to be determined by the Historic Commission. Properties
subject to deeds of easement held by other Historic Preservation organizations
shall submit proof of approval of exterior architectural review by
the organization holding the easement.
(2)
Any permit issued by the Department of
Planning and Codes may be subject to such conditions imposed by the
Historic Commission as are reasonably necessary to assure that work
in accordance with the permit shall proceed and be performed in a
manner not injurious to those characteristics and qualities of the
historic resource which are of historical, architectural, archaeological,
or cultural value.
The Board of Appeals may grant a
special exception, adaptive reuse of a historic structure, provided:
A.
The structure proposed for an adaptive
reuse is located in the Historic Overlay Zone and approved as a historically
significant structure by the Historic Commission;
B.
The application has been submitted to the
Historic Commission and Planning Commission for any required approvals
and for each of their recommendations on the special exception for
an adaptive reuse;
C.
It is shown that exterior changes to the
site structure will be minimized; extensions or enlargement of the
principal structure and accessory structures may not exceed 25% of
the gross floor area of each individual building above that which
existed at the time of the adoption of these regulations. Enlargements
shall be designed in keeping with the character of the building;
D.
Landscaping is in keeping with the character
of the building;
E.
The site must have access to a public road;
F.
The use is complementary to the character
of the structure; and
G.
The number of dwellings shall not exceed
the density permitted in the district in which the structure is located.
Section 128-48 of this article authorizing the establishment of the Historic Commission shall become effective immediately. The remainder of this article shall become effective upon the establishment of the Historic Commission.
A.
In the event of demolition by neglect,
the Historic Commission may request the Director of Planning to notify,
in writing, the property owner of record, any person having a right,
title, or interest therein, and the occupant or other person responsible
for the maintenance of the property of the deterioration. The notice
shall specify the minimum items of repair or maintenance necessary
to correct the deterioration or prevent further deterioration.
B.
Prior to the issuance of a written notice,
the Historic Commission may request the Director of Planning to establish
a record of demolition by neglect. Such a record may include dated
materials such as photographs and written reports of the condition
of the property so as to record or measure the deterioration.
C.
The notice shall provide that corrective
action shall commence within 30 days of the receipt of said notice
and be completed within a reasonable time thereafter. The notice shall
state that the owner of record of the property, or any person of record
with any right, title, or interest therein, may, within 10 days after
the receipt of the notice, request a hearing on the necessity of the
items and conditions contained in the notice. In the event a public
hearing is requested, it shall be held by the Historic Commissioners
upon 30 days' written notice being mailed to all persons of record
with any right, title, or interest in the property and to all citizens
and organizations which the Historic Commission determines may have
an interest in the proceedings.
D.
If, after the public hearing, the Historic
Commission determined that the corrective actions remain necessary,
the Historic Commission may request the Director of Planning take
corrective action to insure compliance with the final notice within
30 days of receipt of the final notice.
E.
Upon failure, neglect, or refusal of the
property owner or other responsible person, duly notified, to take
the corrective action specified in the final notice within the time
required, the Historic Commission may request that the Director of
Planning institute any of the remedies and penalties provided for
in this chapter.
Any willful violation of the provisions of this article by willfully performing or allowing to be performed any work without first obtaining a historic area work permit, failing to comply with a final notice issued pursuant to this article, or disregarding a decision of the Historic Commission will be in violation of this article. A violation of this article shall be deemed a municipal infraction as provided in § 128-201. Each and every day that the violation continues shall be deemed a separate offense.
