[Added 10-12-1992 by Ord. No. 551; amended 1-27-1997 by Ord. No. 614]
A.
The preservation of sites, structures and districts
of historic, archeological and architectural value, together with
their appurtenances and environmental settings, is declared by the
Mayor and Common Council to be a public purpose in the City.
B.
The purposes of this article are as follows:
(1)
To safeguard the heritage of the City of Westminster
by preserving sites, structures or districts therein which reflect
elements of its cultural, social, economic, political, archeological
or architectural history.
(2)
To stabilize and improve property values of
such sites, structures or districts.
(3)
To foster civic beauty.
(4)
To strengthen the local economy.
(5)
To promote the preservation and appreciation
of the sites, structures and districts for the education and welfare
of the residents of the City of Westminster.
C.
This article is adopted pursuant to Article XI-E of the Maryland Constitution, Article 66B, § 8.01 et seq. of the Annotated Code of Maryland (1995 Replacement Vol.), Art. 23A of the Annotated Code of Maryland (1994 Replacement Vol.), and § 15 et seq. of the City's Charter.
D.
In this article, "structure" means a combination of
material to form a construction that is stable; including, among other
things, buildings, stadiums, reviewing stands, platforms, stagings,
observation towers, radio towers, water tanks and towers, trestles,
piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences
and display signs visible or intended to be visible from a public
way. The term also includes natural land formations and appurtenances
and environmental settings. The term shall be construed as if followed
by the words "or part thereof." "Appurtenances" and "'environmental
settings" include walkways and driveways (whether paved or not), trees,
landscaping, pastures, croplands, waterways and rocks. In this article,
"demolition" includes any willful neglect in maintenance and repair
of a structure, not including any appurtenances and environmental
settings, held or used in a trade or business or for the production
of income, that does not result from financial inability to maintain
and repair the structure and that threatens to result in any substantial
deterioration of the exterior features of the structure.
E.
In this article, "district" means a significant concentration,
linkage or continuity of sites, structures or objects united historically
or aesthetically by plan or physical development. "Site" means the
location of an event of historical significance or a structure, whether
standing or ruined, which possesses historical, archeological or cultural
significance.
F.
In this article, "routine maintenance" means work
that does not alter the exterior fabric or features of a site or structure
and has no material effect on the historical, archeological or architectural
significance of the historical site or structure.
The Westminster Historic District shall include
the area as shown on the Zoning Maps adopted by the Mayor and Common
Council of Westminster in accordance with the provisions of this chapter.
A.
The Historic District Commission is hereby created.
It shall consist of seven members, all of whom are qualified by special
interest, knowledge or training in such fields as history, architecture,
architectural history, planning, archeology, anthropology, curation,
conservation, landscape architecture, historic preservation, urban
design or related disciplines. The members shall be appointed by the
Mayor subject to confirmation by the Common Council. At least four
of the members of the Historic District Commission shall be residents
of the City. The remainder of the members may be nonresidents, but
any members who are not residents of the City shall be the owners
of real property in the City. Members shall be appointed for a term
of three years. Members shall be eligible for reappointment. Any vacancy
on the Historic District Commission shall be filled as set forth herein
for the remainder of the unexpired term. The Mayor and Common Council
may consult private societies or agencies to request the names of
possible members for the Historic District Commission.
[Amended 9-15-2010 by Ord. No. 814; 12-10-2012 by Ord. No. 836]
B.
The Historic District Commission may designate the
Maryland Historic Trust to make an analysis of and recommendation
concerning the preservation of sites, structures or districts of historic,
archeological, architectural or cultural significance within the area
served by the Historic District Commission. Such report may include
proposed boundaries of sites, structures and districts as well as
make recommendations for the identification and designation of particular
sites, structures or districts to be preserved.
C.
The Historic District Commission shall have the right
to accept and use gifts for the exercise of its functions as approved
by the Mayor and Common Council.
A.
Before the construction, alteration, reconstruction,
moving or demolition of any site or structure is made within an historic
district, if any exterior changes are involved which affect the historic,
archeological or architectural significance of a site or structure
within a designated district, any portion of which is visible or intended
to be visible from a public way, the person, individual, firm or corporation
proposing to make the construction or change shall file with the Zoning
Administrator an application for permission to construct, alter, reconstruct,
move or demolish the site or structure. Every such application shall
be referred to and considered by the Historic District Commission
and accepted or rejected by the Commission. An application which is
identical to a rejected application shall not be resubmitted within
a period of one year after the rejection. No permit for any such change
may be granted until the Historic District Commission has acted thereon
as hereinafter provided.
B.
In reviewing the plans for any such construction or
change, the Historic District Commission shall give consideration
to:
(1)
The historic, archeological or architectural
value and significance of the site or structure and its relationship
to the historic, archeological or architectural significance of the
surrounding area.
(2)
The relationship of the exterior architectural
features of a structure to the remainder of the structure and to the
surrounding area.
(3)
The general compatibility of exterior design,
scale, proportion, arrangement, texture and materials proposed to
be used.
(4)
The economic impact of compliance.
(5)
Any other factors, including aesthetic factors,
which the Historic District Commission deems to be pertinent.
C.
The Historic District Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Historic District Commission shall not disapprove an application except with respect to the several factors specified in Subsection B of this section.
D.
The Historic District Commission shall be strict in
its judgment of plans for sites or structures determined by research
to be of historic, archeological or architectural significance. The
Historic District Commission shall be lenient in its judgment of plans
for sites or structures of little historic value or for plans involving
new construction, unless such plans would seriously impair the historic,
archeological or architectural value of the surrounding site or structure.
The Historic District Commission is not required to limit construction,
reconstruction or alteration to the architectural style of any one
period.
E.
If an application is submitted for construction, reconstruction
or alterations affecting the site or the exterior of a structure or
for the moving or demolition of a structure, the preservation of which
the Historic District Commission deems of unusual importance to the
City or the county or of unusual importance to the entire state or
nation, the Historic District Commission shall attempt, with the owner
of the structure, to formulate an economically feasible plan for the
preservation of the site or structure. Unless in these circumstances
the Historic District Commission is satisfied that the proposed construction,
alteration or reconstruction will not materially impair the historic,
archeological or architectural significance of the site or structure,
the Historic District Commission shall reject the application for
reconstruction or alteration, filing a copy of its rejection with
the Zoning Administrator, stating the specific reasons therefor.
F.
If an application is submitted for construction, reconstruction,
alteration or for moving or demolition of a site or structure that
the Historic District Commission deems of unusual importance and no
economically feasible plan can be formulated, the Historic District
Commission shall have 90 days from the time it concludes that no economically
feasible plan can be formulated to negotiate with the owner and other
parties in an effort to find a means of preserving the site or structure.
G.
In the case of a site or structure deemed to be valuable for its historic, archeological or architectural significance, the Historic District Commission may approve the proposed construction, reconstruction, alteration, moving or demolition despite the fact that the changes come within the provisions of Subsection E of this section if:
(1)
The site or structure is a deterrent to a major
improvement program which will be of substantial benefit to the City
or county;
(2)
Retention of the site or structure would cause
undue financial hardship to the owner;
(3)
The retention of the site or structure would
not be to the best interests of a majority of persons in the community;
or
(4)
The structure has been condemned because of
a health or fire hazard or a building code violation.
The Historic District Commission shall adopt
rehabilitation and new construction or design guidelines for designated
sites, structures and districts which are consistent with those generally
recognized by the Maryland Historic Trust, which may include design
characteristics intended to meet the needs of particular types of
sites, structures and districts and may identify categories of changes
that are so minimal in nature that they do not affect historic, archeological
or architectural significance and require no review by the Historic
District Commission. These guidelines shall be utilized by the Historic
District Commission in its review of applications. These guidelines
are subject to review and approval by resolution of the Mayor and
Common Council of Westminster.
A.
The Historic District Commission shall be organized
and its rules shall be adopted in accordance with the provisions of
this chapter. Meetings of the Historic District Commission shall be
held at the call of the Chairman and at such other times as the Historic
District Commission may determine. The Chairman or, in his absence,
the Acting Chairman may administer oaths and preside at meetings.
B.
All meetings of the Historic District Commission shall
be open to the public. Any interested person or a representative of
an interested party is entitled to appear and be heard by the Historic
District Commission before it reaches a decision on any matter. The
Historic District Commission shall keep a record of its resolutions,
proceedings and actions which shall be kept available for public inspection
at the office of the Director of Planning and Public Works during
reasonable business hours.
The Historic District Commission shall file
with the Zoning Administrator a certificate of its approval, modification
or rejection of all applications and plans submitted to it for review.
Work shall not be commenced on any such project until such a certificate
of approval has been filed, and the Zoning Administrator and the Director
of Planning shall not sign off on the building permit for such change
or construction unless and until the Zoning Administrator has received
such a certificate of approval. If the Historic District Commission
rejects any applications or plans, it shall forthwith notify the applicant,
stating its reasons for so doing. The Historic District Commission
shall so advise the applicant of any proposed modifications. If the
applicant so desires, the applicant may make the suggested modifications,
and the Historic District Commission shall thereupon approve them
and file a certificate of approval with the Zoning Administrator.
The failure of the Historic District 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 District
Commission or the application has been withdrawn. An application is
deemed to be completed when it has been accepted as such by the Historic
District Commission at a meeting.
Nothing in this article shall be taken or construed
to prevent routine maintenance, painting, customary farming operations
or landscaping which will have no material effect on the historic,
archeological or architectural significance of a designated site,
structure or district. Nothing in this article affects the right to
complete any work covered by a permit or authorization issued prior
to January 1, 1997.
The Historic District Commission may acquire
easements in connection with individual sites or structures or with
sites or structures located in or adjacent to a locally designated
Historic District subject to approval by the Mayor and Common Council.
Such easement shall grant to the City, the Historic District Commission,
the residents of the Historic District and the general public the
right to ensure that any site or structure and surrounding property
upon which it is applied is protected in perpetuity from changes which
would affect its historic, archeological or architectural significance.
Any person aggrieved by any decision of the
Historic District Commission on an application or any officer, department
or board of the City may appeal the same to the Circuit Court for
Carroll County. Any such appeal shall be taken in accordance with
the Maryland Rules of Procedure as set forth in Chapter 200 of Title
7.
