Town of Denton, MD
Caroline County
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Table of Contents
Table of Contents
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.
APPURTENANCES and ENVIRONMENTAL SETTINGS
Includes paved or unpaved walkways or driveways, trees, landscaping, rocks, and open space located within the existing or proposed Historic Overlay Zone.
DAY
A business day when the Denton Town government is open for business.
DEMOLITION BY NEGLECT
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:
A. 
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
B. 
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.
HISTORIC COMMISSION
The Denton Historic and Architectural Review Commission.
HISTORIC COMMISSION GUIDELINES
The Denton Historic and Architectural Review Commission Guidelines.
[1]
HISTORIC DISTRICT
A significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or physical development.
HISTORIC OVERLAY ZONE
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.
HISTORIC RESOURCE
A term used to identify a historic site or any item interpreted as a structure, as defined in "structure."
MINIMUM MAINTENANCE
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.
ORDINARY MAINTENANCE
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:
A. 
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.
B. 
Landscaping, except the removal of significant healthy trees.
C. 
Paving repair using like materials of like design.
D. 
Repainting of surfaces using the same or substantially the same color.
SITE
The location of an event of historic significance or a standing or ruined structure that possess historic archaeological, or cultural significance.
STRUCTURE
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.
A. 
The term "structure" shall include natural and man-made land formations and appurtenances and environmental settings.
B. 
The term "structure" shall be interpreted as if followed by the words "or part thereof."
[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:
(a) 
Issue the certificate of approval; or
(b) 
Issue the certificate of approval subject to such conditions as are necessary to insure conformity with the provisions and purposes of this section; or
(c) 
Prohibit issuance of the certificate of approval.
(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.
(3) 
In the event that there is a conflict between the permit and the requirements of the Building Code, Chapter 38, Building Construction, Article II, Building Code, the permit would control, provided that all health and safety requirements are met.
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.