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;
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.
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 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."
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 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.
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.
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.
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.