[Added 1-14-2009 by Bill No. 2008-14[1]]
A.
The preservation of sites, structures, and districts of historical,
archeological or architectural significance together with their appurtenances
and environmental settings is a public purpose in Charles County.
B.
It is the further purpose of this article to preserve and enhance
the quality of life and to safeguard the historical and cultural heritage
of Charles County by preserving sites, structures, or districts which
reflect elements of cultural, social, economic, political, archeological,
or architectural history; to stabilize and improve property values
of such sites, structures, or districts; to strengthen the local economy;
to foster civic beauty; and to promote the preservation and appreciation
of such sites, structures, and districts for the education and welfare
of the residents of Charles County.
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.[1]
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
effective 10-1-2012. See now the Land Use Article, § 8-101
et seq.
For the purpose of the historic area zoning, the following words
and phrases shall have the meanings respectively ascribed to them:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
An area which possesses historic, architectural, archeological,
or cultural significance to Charles County, the state, or nation.
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."
A.
Historic Preservation Commission. The County hereby creates a commission
to be called the "Charles County Historic Preservation Commission."
B.
Membership. The Historic Preservation Commission shall consist of
seven members appointed by the County Commissioners:
(1)
Members shall be residents of or work in Charles County;
(2)
Each member shall possess a demonstrated special interest, specific
knowledge, or professional or academic training in such fields as
history, architecture, architectural history, planning, archeology,
anthropology, curation, conservation, landscape architecture, historic
preservation, urban design, or related disciplines;
(a)
The special interest requirement can be satisfied by either
formal training in one or more of the fields or active membership
in a preservation related organization;
(b)
The specific knowledge requirement may be satisfied by formal
post-secondary education, employment or practical experience in one
or more of the above-listed fields;
(c)
The professional or academic training requirement may be satisfied
by, at a minimum, two years' experience as a professional or a Bachelor's
degree in one or more of the above-listed fields;
(3)
At least two members of the Commission shall possess professional
or academic training in one or more of the above listed fields in
accordance with the minimum professional requirements of the United
States Department of the Interior for certifying local governments
under 36 CFR Part 61.
(4)
To satisfy the above membership requirements, one member may
be appointed from the Charles County Site Design and Architectural
Review Board, two members may be appointed from the Charles County
Historical Trust, and one member may be appointed from the building
industry, the Charles County Chamber of Commerce, the agricultural
industry, historic property renovation, or the citizenry at large.
However, if this composition of membership is not possible for any
reason, only requirements (1) through (3) above will apply to membership
on the Commission.
C.
Terms. Commission members shall be appointed for terms of three years,
except that the terms of the initial appointments shall be staggered
so that three members shall serve terms of three years, two members
shall serve terms of two years so that no more than three appointments
shall expire in a given year. Commission members may be reappointed.
D.
Commission officers. The Commission shall elect, from its membership,
a Chairperson and Vice Chairperson. The Chairperson and Vice Chairperson
shall serve for one year terms and shall be eligible for reelection.
E.
Vacancy. Any vacancy in the membership of the Commission caused by
the expiration of a term, resignation, death, incapacity to discharge
duties, removal for cause, or any other reason, shall be filled for
a new term, or for the remainder of the term for which there is a
vacancy, as the case may be, in the same manner as provided herein
for the appointment of the initial members of the Commission.
(1)
Any vacancy on the Commission shall be filled by the Charles
County Commissioners within 60 days.
(2)
In the case of expiration of term, a member may continue to
serve until the member's successor is appointed.
(3)
Unexcused absence at three consecutive meetings shall constitute
resignation by the member and shall create a vacancy.
F.
Removal for cause. A member may be removed from the Commission for
cause, upon written charges, by the Charles County Commissioners.
G.
Compensation. Commission members shall serve without compensation,
but may be reimbursed for actual expenses incurred in the performance
of their duties, provided said expenses are permitted by the budget
and approved in advance by the Department of Planning and Growth Management.
H.
Meetings. The Commission shall hold such regular meetings and hearings
as necessary to discharge its duties. Any interested person or representative
of an interested person may appear and be heard at any public meeting
conducted by the Historic Preservation Commission.
I.
Staff. Consistent with the County's policies and procedures, employees
may be assigned to the Commission, and such services and facilities
shall be made available as the County deems necessary or appropriate
for the proper performance of its duties.
A.
The Historic Preservation Commission shall have the following powers
and duties:
(1)
Direct
studies, reports, and surveys to identify historical, archeological,
or architecturally significant sites, structures, and districts that
exemplify the cultural, social, economic, political, or architectural
history of the County, state, or nation;
(2)
Accept and use gifts for the exercise of its functions, consistent
with the County's charter, ordinances, resolutions, local public law,
policies and procedures regarding the acceptance and use of gifts
by public officials;
(3)
Prescribe appropriate rules and regulations for transaction
of its business;
(4)
Accept and review applications for designation of local historic
sites and districts, and forward recommendations to the Planning Commission
for its review and recommendation to the County Commissioners;
(5)
Review and process applications for certificates of approval;
(6)
Recommend for adoption by the County Commissioners rehabilitation
and new construction design guidelines and criteria for construction,
alteration, reconstruction, moving, and demolition of designated historic
sites, structures, and districts which are consistent with the Secretary
of the Interior's standards for the treatment of historic properties
(36 CFR Part 68). Guidelines may include design characteristics intended
to meet the needs of particular types of sites, structures, and districts,
and may identify categories of changes that, because they are minimal
in nature, do not affect historic, archeological, or architectural
significance, do not require review by the Commission. These guidelines
shall be used in the Commission's review of applications;
(7)
Purchase or accept historic preservation easements on designated
historic structures or sites and, when deemed appropriate by the Commission,
sites or structures located in, or adjacent to, a designated historic
district, consistent with the County's Charter, ordinances, resolutions,
local public law, policies and procedures governing the acquisition
of easements;
(8)
Make recommendations to the Department of Planning and Growth
Management and to the Planning Commission, as appropriate, on the
course of action in the event of demolition, preliminary subdivision
plan review or site development of land containing a local historic
site, structure, or district as it relates to its preservation or
commemoration;
(11)
Undertake any other action or activity necessary or appropriate
to the implementation of its powers and duties or the implementation
of the purpose of this article.
B.
The Historic Preservation Commission may request that the enforcing
authority institute any of the remedies and penalties provided by
law for any violation of an ordinance or resolution adopted under
this article.
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:
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.
A.
Application for certificates of approval.
(1)
Prior to the construction, alteration, reconstruction, moving
or demolition affecting the exterior of a designated site or structure
or a site or structure within a designated district, the person, individual,
firm, or corporation proposing to make the change shall file an application
for a certificate of approval for permission to construct, alter,
reconstruct, move, or demolish the site, or structure.
(2)
The scope of this subsection is limited to such a proposed construction,
alteration, reconstruction, moving or demolition:
(a)
Where the proposed exterior change affect the historic, archaeological
or architectural significance of the designated site or structure
or the site or structure within a designated district; and
(b)
Where any portion of the proposed change is visible or is intended
to be visible from a public way.
(3)
Every application shall be referred to and considered by the
Commission at a public meeting for acceptance or rejection.
(4)
An application which is identical to a rejected application
may not be resubmitted within a period of one year after the rejection.
(5)
No certificate of approval shall be granted until the Commission
has acted thereon as hereinafter provided.
B.
Application review.
(1)
In reviewing applications, the Historic Preservation Commission
shall give consideration to:
(a)
The historic, archeological, or architectural significance of
the historic site, or structure and the relationship of the exterior
architectural features of a site or structure to the remainder of
the site or structure and to the surrounding area;
(b)
The general compatibility of the proposed exterior design, scale,
proportion, arrangement, texture, and materials to the site, structure
or designated district, if applicable, and to the surrounding area;
and
(c)
Any other factors which the Commission deems to be pertinent.
(2)
The Commission shall consider only exterior features of a site
or structure and shall not consider any interior arrangements or features.
(3)
The Commission shall not disapprove an application except with respect to the several factors specified in Subsection B(1) above.
(4)
The Historic Preservation Commission shall strictly judge plans
for sites or structures determined by research to be of historic,
archeological, or architectural significance. Unless the plans would
seriously impair the historic, archeological, or architectural significance
of the surrounding site or structure, the Historic Preservation Commission
may not strictly judge plans for a site or structure of little historic,
archeological, or architectural significance; or involving new construction.
The Historic Preservation Commission is not required to limit construction,
reconstruction, or alteration to the architectural style of any one
period.
(a)
If an application is submitted for construction, reconstruction,
or alteration affecting a site or the exterior of a structure or for
the moving or demolition of a structure, the preservation of which
the Commission considers to be of unusual importance to Charles County
or of unusual importance to the state or nation, the Commission shall
attempt to formulate an economically feasible plan with the owner(s)
of the site or structure for the preservation of the site or structure.
Unless the Commission is satisfied that the proposed construction,
alteration, or reconstruction will not materially impair the historic,
archeological, or architectural significance of the site or structure,
the Commission shall reject the application, filing a copy of its
rejection with the Department of Planning and Growth Management.
(b)
If an application is submitted for construction, reconstruction,
or alteration, or for the moving or demolition of a site or structure
that the Commission considers to be 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 site or structure. In the
case of a site or structure considered to be valuable for its historic,
archeological, or architectural significance, the Commission may approve
the proposed construction, reconstruction, alteration, moving, or
demolition despite the provisions of this section if:
[1]
The site or structure is a deterrent to a major improvement
program which will be of substantial benefit to Charles County;
[2]
Retention of the site or structure would cause undue financial
hardship to the owner; or
[3]
Retention of the site or structure would not be in the best
interests of a majority of persons in Charles County.
(c)
Commission decision. The Commission shall file with the Department
of Planning and Growth Management a certificate of approval certifying
its approval, modification, or rejection of each application and plans
submitted to it for review. Work shall not be commenced on any project
until such a certificate of approval has been filed and the Department
of Planning and Growth Management shall not issue a historic area
work permit or building permit for such change or construction unless
it has received such a certificate of approval. The failure of the
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 Commission or the application has been withdrawn.
(5)
Upon failure, neglect, or refusal of the property owner or other responsible party to obtain a certificate of approval, the Commission may request that the Department of Planning and Growth Management institute any of the remedies and penalties provided by law for such violations as outlined in Article I of the Charles County Zoning Ordinance.
A.
Alterations to sites, structures and environmental settings. Staff
shall be authorized to issue certificates of approval for alterations
to sites, structures and environmental setting that will not significantly
change the exterior features of a historic site or contributing structure
within an historic district or its environmental setting and that
will have no significant effect on its historical, architectural,
cultural, or archeological value. Certificates of approval decisions
will comply with the Secretary of the Interior's Standards for Rehabilitation,
where applicable. The above category shall be determined by the Historic
Preservation Commission and outlined in the adopted rules of procedures.
B.
General policies. The Commission may, if it so chooses, review all
certificates of approvals administered by staff at the next meeting.
Property owners shall retain a right of appeal to the Commission from
staff sign-off, as will property owners within the area of notification.
Staff shall refer an application to the Commission if any uncertainty
exists as to whether the application meets the criteria for issuing
a certificate of approval.
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.[1]
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.
