The Commission may purchase or otherwise legally acquire architectural
easements in connection with structures located in or adjacent to
a designated Historic District. Easements so acquired shall provide
that the exterior appearance of any structure upon which it is applied
will be maintained in substantially the same character as when the
easement took effect.
The Commission shall have the right to accept and use gifts
for the exercise of its functions.
A.
Before the construction, alteration, reconstruction, repair, moving
or demolition of any structure is made within a designated Historic
District, any proposed changes that would affect the exterior appearance
of a structure visible or intended to be visible from an adjacent
public way, the person, individual, firm or corporation proposing
to make the construction or change shall file with the Commission
an historic area work permit application for permission to build,
alter, repair, reconstruct, move, demolish or make an addition for
proposed construction or change requiring a building permit, a completed
building permit shall accompany the application and be filed with
the Commission.
B.
Every such application shall be referred to and considered by the
Commission and accepted or rejected by the Commission. No permit for
any such change may be granted until the Commission has acted thereon
as hereinafter provided.
Specific items requiring historic area work permits (whether
or not a Calvert County Building Permit is required) shall be as follows:
A.
Repair or replacement of roofs, gutters, siding, external doors and
windows, trim, lights and other appurtenant fixtures, with different
materials of different design.
B.
Removal of a building, structure or object, or a visible portion
thereof, including outbuildings.
C.
New construction or any enlargement, modification or alteration of
the exterior of an existing building, structure or object which requires
a Calvert County building permit.
D.
Removal, replacement or enclosure of porches.
E.
Basic alteration of materials, including installation of siding,
shingles or masonry facing.
F.
Removal of significant healthy trees.
G.
Installation or removal of fencing or fence-walls.
H.
Permanent installation or removal of shutters.
I.
New paving or modification of paving materials in front of building
line.
J.
Removal, modification or alteration of exterior architectural features.
K.
First time painting, removal of paint or substantially changing the
color of paint.
L.
Exterior sandblasting.
M.
Any other act which does not constitute ordinary maintenance but
which modifies, alters or otherwise affects the exterior features
of a historic site or historic resource within an Historic District.
In reviewing applications and permits filed under the provisions of § 57-12 of this chapter, the Commission shall give consideration to:
A.
The historic, archaeological or architectural value and significance
of the structures and its relationship to the historic, archaeological
or architectural value of the surrounding area;
[Amended 5-28-2002 by Ord. No. 21-02]
B.
The relationship of the exterior architectural features of the structure
to the remainder of the structure and to the surrounding area;
C.
The general compatibility of exterior design, arrangement, texture
and materials proposed to be used; and
D.
Any other factors, including aesthetic and environmental factors,
which the Commission deems pertinent.
The Commission normally shall consider only exterior features of a structure, but in cases where the owner voluntarily subjects the interior arrangements and materials to Historic District Commission review, those interior features shall also be considered. The Commission shall not disapprove an application except with respect to the several factors specified in § 57-14 above.
[Amended 5-28-2002 by Ord. No. 21-02]
The Commission shall be strict in its judgment of plans affecting
those structures designated as having significant historic, archaeological
or architectural value. The 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,
archaeological or architectural value of the surrounding area. The
Commission is not required to limit new construction, alteration or
repairs to the architectural style of any one period.
A.
If an application is submitted for new construction, reconstruction
or alterations affecting the exterior appearance of a structure or
for the moving or demolition of a structure, the preservation of which
the Commission deems of unusual importance to the county or unusual
importance to the entire state or nation, the Commission shall attempt
with the owner of the structure to formulate an economically feasible
plan for the preservation of the structure. Unless in these circumstances
the Commission is satisfied that the proposed construction, alteration
or reconstruction will not materially impair the historic value of
the structure, the Commission shall reject the application for reconstruction
or alteration, filing a copy of its rejection with the Building Inspector.
An application for any such reconstruction or alteration, if rejected,
shall not be renewed within a period of one year after the rejection.
B.
If an application is submitted for reconstruction, alteration, or
for moving or demolition of a structure that the Commission deems
of unusual importance and no economically feasible plan can be formulated,
the 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 building.
[Amended 5-28-2002 by Ord. No. 21-02]
In case of a structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Commission may approve the proposed reconstruction or alteration despite the fact that changes come within the provisions of § 57-17 of this chapter if:
A.
The site or structure is a deterrent to a major improvement program
which will be of substantial benefit to the county;
B.
Retention of the site or structure would cause undue financial hardship
to the owner; or
C.
The retention of the site or structure would not be to the best interest
of a majority of persons in the community.
The Commission shall file with the Division Chief of the Division
of Inspections and Permits 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 Building Inspector shall not issue
a building permit for such change or construction unless and until
he has received such a certificate of approval. The failure of the
Commission to act upon an application within 45 days from the date
the application was filed with the Commission shall be deemed to constitute
automatic approval of the proposed changes unless an extension of
the forty-five-day period is mutually agreed upon by the applicant
and the Commission.
Nothing in this chapter shall be construed to prevent work or repairs on any structure coming under the heading of ordinary maintenance as defined in § 57-3 of this chapter.
Protective maintenance of historic buildings, historic districted
structures and sites shall be maintained to meet the requirements
of the minimum Building Codes currently enforced by Calvert County.
