The HA Historic Area Overlay Zone is intended
to protect, enhance and aid in the perpetuation of especially noteworthy
examples or elements of Frederick County's cultural, social, economic,
religious, political, agricultural, military, industrial or architectural
history in order to:
A. Foster civic pride and an appreciation for historic
values.
B. Maintain and improve property values by providing
incentives for upkeep and rehabilitation.
C. Protect and enhance the County's attractiveness to
tourists and visitors.
D. Provide for the education and general welfare of the
people of the County.
E. Encourage nomination of qualified historic properties
to the state and national registers.
HA Zones may be created by amending the Zoning Chapter as provided for in Article
I of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as an historic area.
A. The HRAB or applicant shall submit a report to support
the proposed amendment. The report shall suggest the historic boundaries
as well as describe the historic and/or architectural significance
of the buildings, structures or sites to be protected, current planning
affecting the area, present development trends and conditions in the
area and the public objectives for preservation.
B. A public hearing shall be held by the Board of Supervisors
prior to adoption of a proposed zone. Notice shall be sent to all
property owners within the boundaries of the proposed zone, indicating
the time and place of the public hearing. The notice shall also state
that residents may express their opposition to the proposed district
in writing. The Board of Supervisors shall alter the boundaries of
the proposed zone to exclude those property owners expressing opposition.
C. Any area to be designated as an HA Zone shall in fact
include landmarks, buildings, structures or sites determined to be
of historical and/or architectural significance. All stated recommendations
of the HRAB which supplement or modify the general regulations of
this Part 703 may be adopted by the Board of Supervisors and applied
to the zone created.
D. At the time an overlay zone is established, the Board
of Supervisors may create an additional position and appoint a member
to the HRAB. The member appointed shall be the owner of property within
the newly established zone and shall serve a term of two years.
The significance of an historic area shall be
based on cultural, architectural and historical factors and shall
be documented in a written report, which shall include a discussion
of the following:
A. Architectural style.
(1)
Presence of distinguishing characteristics of
a recognized style.
(2)
Significance of architectural design.
(3)
Scale and/or interrelationship of structures
and/or environmental features.
(4)
Significant patterns of development.
(6)
Amount of surviving original material.
(7)
Original location and/or use.
(8)
Remaining outbuildings or dependencies.
(9)
Surrounding environment, gardens, landscaping
and walks.
(10)
Overall aesthetic quality.
(11)
Original integrity of the structure and its
details.
B. Historic and/or cultural significance.
(1)
Association with historic person.
(2)
Association with historic events.
(3)
Work of leading architect or master craftsman.
(4)
Site or structure of cultural significance.
C. Additional information.
(1)
A description of existing structures and uses
likely to have an adverse effect on the character of the district,
including those near and visually related to the district, with maps,
photographs and other data indicating the reasons for such an effect.
(2)
A list of structures within the zone which notes
which structures are contributing and which are not. Surviving building
types and structures not historic in themselves but adding to the
character of an historic area need to be looked at as potentially
deserving preservation.
(3)
An analysis of lands not occupied by structures,
including lands near and visually related to the district. For public
lands, ownership, use and location shall be indicated. For private
lands, assessed valuation shall be added as well as existing zoning
and planned land use.
(4)
Recommendations concerning supplemental regulations
to be applied to the historic area under consideration for the purpose
of preventing changes which are incompatible with the buildings, structures
or sites to be preserved. Such regulations may include permitted and
prohibited principal and accessory uses and structures, minimum lot
and yard requirements, maximum lot coverage by all buildings, maximum
height of structures, off-street parking and loading requirements,
control of signs and exterior illumination and the control of significant
exterior alterations to existing buildings.
Within the Historic Area Overlay Zone, these
regulations shall apply:
A. New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and/or architectural aspects of the zone and issues a certificate of appropriateness. All requests for construction, reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with §
165-703.05, Guidelines for new construction and alterations.
[Amended 4-14-2010]
B. Matters to be considered in passing upon the appropriateness
of construction, reconstruction or significant exterior alteration
of buildings or structures by the HRAB. The HRAB shall not consider
interior alterations and shall only impose restrictions for the purpose
of preventing development incompatible with the historic aspects of
the area.
C. The HRAB shall consider the Secretary of the Interior's
Standards for Rehabilitation and the following in evaluating the appropriateness
of architectural features:
(1)
The extent to which the proposed action will
affect the overall character and continuity of the area.
(2)
Whether elements of the general design, such
as scale, height and proportion of the proposed work, are visually
compatible with the surrounding area.
(3)
Whether the texture and materials proposed are
compatible with existing structures in the area.
D. Demolition. No contributing building or structure
within any HA Zone shall be demolished or removed, until a certificate
of appropriateness is issued by the HRAB. The demolition or removal
of a noncontributing structure may be authorized by the Zoning Administrator.
E. Matters to be considered in determining whether to
grant a permit for razing or demolition. The HRAB shall consider any
and all of the following criteria:
(1)
Is the historic resource of such architectural, cultural, or
historical interest that its removal would be detrimental to the public
interest?
[Amended 4-14-2010]
(2)
Could the building only be reproduced at great
expense or difficulty due to its unique or unusual texture, material
or design?
(3)
Would demolition of the structure result in
the loss of a significant historic place or resource in Frederick
County?
[Amended 4-14-2010]
F. Offer for sale. The owner of a building, structure
or site in a historic district shall, by right, be entitled to demolish
the same, provided that:
(1)
The property owner has applied for a demolition
permit.
(2)
The property owner has made a bona fide offer
to sell the structure and land on which it is located to an individual
or group which makes reasonable assurances that it will preserve the
landmark. The property shall be offered at a price reasonably related
to its fair market value as determined by an independent appraisal
for the period established by the schedule below:
Time Period
(months)
|
Asking Price
|
---|
3
|
Less than $25,000
|
4
|
Between $25,000 and $40,000
|
5
|
Between $40,000 and $55,000
|
6
|
Between $55,000 and $75,000
|
7
|
Between $75,000 and $90,000
|
12
|
Over $90,000
|
G. Hazardous buildings or structures can be demolished
without consideration by HRAB with written approval of the Zoning
Administrator, stating the conditions which justify the demolition.
H. Moving or relocation. No landmark, building or structure
within a district shall be removed or relocated if the move would
be detrimental to the public interest or the historic integrity of
the structure unless approved by the HRAB.
I. Uses permitted. Within the Historic Area Overlay Zone,
general regulations and permitted uses shall be the same as provided
within the respective underlying zoning districts except where such
regulations are modified or amended by recommendation of the HRAB
and adoption of the Board of Supervisors.
J. Exceptions. Where the strict interpretation of these
regulations creates an undue hardship, the HRAB may make recommendations
for reasonable exemptive relief.