This article is adopted pursuant to the provisions of Sections
8.01-8.17 of Article 66b of the Annotated Code of Maryland, as amended.
For the purpose of the historic area zoning, the following words
and phrases shall have the meanings respectively ascribed to them:
ALTERATION
Any exterior change that would affect the historic, archeological,
or architectural significance of a designated site or structure, any
portion of which is visible or intended to be visible from a public
way, including, but not limited to, construction, reconstruction,
moving, or demolition.
APPURTENANCES AND ENVIRONMENTAL SETTINGS
All the area of the grounds and structures thereon which
surrounds a historic site or structure and to which it relates physically
or visually. Appurtenances and environmental settings may include,
but not be limited to, walkways and driveways (whether paved or not),
trees, landscaping, pastures and crop lands.
CERTIFICATE OF APPROVAL
A certificate issued by the Historic Preservation Commission
indicating its approval of plans for construction, alteration, reconstruction,
moving, or demolition of an individually designated historic site
or structure or of a site or structure within a designated historic
preservation district.
EXTERIOR FEATURES
The architectural style, design, and general arrangement
of the exterior of any historic structure, including the nature and
texture of building material, and the type and style of all windows,
doors, light fixtures, signs, or similar items found on or related
to the exterior of an historic structure.
HISTORIC AREA WORK PERMIT
A permit issued by the Department of Planning and Growth
Management upon receiving a certificate of approval from the Commission
for all projects that the County conducts, assists, licenses, or permits
that affect properties within a designated historic preservation district
or individually designated historic sites or structures.
HISTORIC DISTRICT
An area which contains historic of sites, structures, which
are significant as a cohesive unit and contribute to the historical,
architectural, archeological, or cultural or aesthetic values within
Charles County. An historic district shall include all property within
its boundaries as defined and designated by the County Commissioners.
MINIMUM MAINTENANCE
Any willful neglect in the maintenance and repair of an individually
designated historic site, or structure, or a site or structure within
a designated historic preservation district, not including any appurtenances
and environmental settings, that does not result from an owner's financial
inability to maintain and repair such historic site, or structure,
and which results in 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.
RECONSTRUCTION
The process of reproducing by new construction the exact
form and detail of a vanished structure, or part thereof, on or near
the original site as it appeared at a specific period of time.
RESTORATION
The process of accurately recovering the form and details
of a property as it appeared at a specific period of time by means
of removal of later work and the replacement of work missing from
that period.
ROUTINE MAINTENANCE
Work that does not alter the exterior fabric or features
of a site or structure and has no material effect on the historical,
archaeological, or architectural significance of the site or structure.
SITE
An area which possesses historic, architectural, archeological,
or cultural significance to Charles County, the state, or nation.
STRUCTURE
A combination of material to form a construction that is
stable, including but not limited to buildings, stadiums, reviewing
stands, platforms, stages, observation towers, radio towers, water
tanks and towers, trestles, bridges, piers, bulkheads, wharves, sheds,
coal bins, shelters, fences, and display signs visible or intended
to be visible from a public way. The term "structure" shall be construed
as if followed by the words, "or part thereof."
The County Commissioners of Charles County may designate boundaries
for sites, structures, or districts of historic, archeological, or
architectural significance consistent with adopted criteria for such
designation according to the procedures outlined in this article.
A. Designation procedure. Upon application, the Historic Preservation
Commission, after making a full and proper study, recommends any area
within the limits of the County for designation as a site, structure,
or district of historic, archeological, or architectural significance.
The Commission may also recommend boundaries for such sites, structures
or districts. The recommendations shall be submitted to the Planning
Commission for their review and forwarded to the County Commissioners
for approval or disapproval.
B. Criteria for designation. The following criteria are to be considered
when making a determination to designate as historic a site, structure,
or district. Any application that is deemed by the Historic Preservation
Commission not to meet the criteria for designation does not need
to be forwarded to the Planning Commission for further consideration.
(1)
National Register of Historic Places. The site, structure or
district under consideration must meet the criteria necessary to be
placed on the National Register of Historic Places; and
(2)
Historical and cultural significance. The historic site, structure
or district under consideration:
(a)
Has character, interest, or value as part of the development,
heritage, or culture of the County, state or nation;
(b)
Is associated with events important to the past;
(c)
Is associated with persons important in the past; or
(d)
Has the potential to provide important information about history
or prehistory.
(3)
Architectural and design significance. The historic site, structure
or district under consideration:
(a)
Embodies the distinctive characteristics of a type, period,
or method of construction;
(b)
Represents the work of a master;
(c)
Possesses high artistic values; or
(d)
Represents a significant and distinguishable entity whose components
may lack individual distinction.
C. Designation of an historic site or structure shall not result in
the loss of otherwise buildable lots at the time of preliminary subdivision.
(1)
To ensure that the otherwise permissible density may be achieved
the Planning Commission may:
(a)
Approve an adjustment to the minimum lot size;
(b)
Grant one transferable development right for each otherwise
buildable lot;
(c)
Approve the use of open space within the boundaries of the historic
site, structure, or district; or
(d)
Recommend the purchase or acceptance of a conservation easement
on portions of the property or on otherwise buildable lots.
(2)
This provision shall not be interpreted or used as a means to
recover base density that may be lost due to the application of other
requirements during the normal subdivision review process.
D. Application form for historic designation.
(1)
The Maryland Inventory of Historic Properties form or the National
Register of Historic Places nomination forms shall serve as the application
form for evaluation of historic, archaeological, and architectural
significance.
(2)
Applications should document how the site, structure, or district
meets the criteria for evaluation and should include slides, photographs,
orientation map, site plan and, if relevant, drawings.
(3)
Applications for creation of a historic district or a historic
site shall include a map showing proposed boundaries, an accurate
description of those boundaries, and a statement of justification
for the proposed boundaries.
(4)
It is the responsibility of the applicant to present completed
materials for a district and evidence of support by the owners of
a majority of the properties in the proposed district, unless review
is initiated by Historic Preservation Commission action.
(5)
For individual sites or structures, it is the responsibility
of the applicant to present evidence that the owner of the site or
structure consents to the historic designation, if the applicant is
not the owner of record of the site or structure.
E. Public meeting. Applications for designation shall be evaluated at
regular public meetings of the Historic Preservation Commission, upon
proper notification of the owner, applicant and interested parties.
The public meeting shall be held within 45 days of application submission.
Any public meetings may be adjourned to a specified time and place
that is announced or posted at the public meeting. Any interested
person or representative of an interested person may appear and be
heard at any public meeting conducted by the Historic Preservation
Commission. Subsequent public hearings will be held within 45 days
of the close of the open public record.
F. Notice. At least two weeks prior to the scheduled public meeting,
the Historic Preservation Commission shall send written notice of
the date, time, and place of the meeting to the owner(s) of the historic
site, structure or structure within a district and to those agencies,
organizations, and citizens that the Commission feels may have an
interest in the proceedings.
G. Designation removal. Should a historic site, structure or district
no longer meet the above criteria, the designation may be removed
by legislative action of the County Commissioners after receipt of
a recommendation from the Historic Preservation Commission. Should
a local historic site, structure or site or structure within a local
historic district have received County-authorized or -administered
preservation grants, loans or special property tax incentives, the
County Commissioners may require that those funds received through
grants, loans or tax incentives be reimbursed in full to the County
prior to the site being removed from local historic site, structure
or district designation.
Nothing in this article shall be taken or construed to prevent:
A. Maintenance that does not alter the exterior fabric or features of
a designated historic site, structure or a site or structure within
a historic district;
B. Customary farming operations; or
C. Landscaping which will have no material effect on the historic, archeological,
or architectural significance of a designated historic site, structure,
or a site or structure within a historic district.
Protective maintenance of historic sites, structures or sites
and structures within districts shall be maintained to meet the minimum
requirements of the Charles County building codes.
The Commission may designate the Maryland Historical Trust to
make an analysis of and report recommending the preservation of sites,
structures, or districts of historic, archeological, architectural,
or cultural significance within Charles County. The report may include
proposed boundaries of sites, structures, or districts, as well as
recommendations for the identification and designation of particular
sites, structures, or districts to be preserved.
In the event that any party is aggrieved by a decision of the
Commission, the party has the right of appeal to the Board of Appeals.
Appeals must be filed within the time provided in the rules of the
Board.
The provisions of this article are severable. If any provision
of this article is held unconstitutional by a court of competent jurisdiction,
the decision of the court does not affect or impair any of the remaining
provisions.
This article shall not apply to any applications for Zoning
Map amendment, special exception, preliminary subdivision plan, final
subdivision plat or site plan approval that are initially filed before
the effective date.