[Amended 7-12-2023 by Ord. No. 541]
A. This article and its provisions shall regulate the construction,
alteration, reconstruction, moving and demolition of structures, their
appurtenances, and environmental settings within the Historic Overlay
District.
B. The Historic Overlay District of St. Michaels consists of an area,
as shown on the Official St. Michaels Zoning Map.
C. Prior to the commencement of any construction, alteration, or reconstruction
activities or the issuance of a building permit or a certificate of
zoning compliance for any property located in the Historic Overlay
District, if any exterior changes are proposed that would affect the
historic, archaeological, or architectural significance of the site
or structure, any portion of which is visible or intended to be visible
from a public way, regardless of whether a building permit is required,
a certificate of approval shall be obtained from the Historic District
Commission. This requirement applies to any building, structure, premises,
sign, or site being erected, constructed, built, created, reconstructed,
moved, altered, added to, converted, or demolished and to an associated
natural land formation and appurtenance and environmental setting
within the Historic Overlay District. The Building Official may not
grant a permit for any change to a site or structure in the Historic
District, until the Commission has acted on the application in accordance
with this article.
In addition to the definitions outlined in Article
II of this chapter, the following additional terms or words shall be interpreted as follows when applied to the Historic Overlay District:
ADAPTIVE REUSE
The process of reusing a historic site or building for a
purpose other than which it was built or designed.
ALTERATION
Any change in design, material, finish, or appearance including,
but not limited to, affixing lights, signs, or other features to the
exterior of a structure or site or erecting a tent or other temporary
structure on a site.
[Added 7-12-2023 by Ord. No. 541]
DEMOLITION
To tear down or to raze. It also includes any willful neglect
in the maintenance and repair of a structure, other than the structure's
appurtenances and environmental settings, is not due to a financial
inability to maintain and repair the structure and threatens to result
in a substantial deterioration of the exterior features of the structure.
DEMOLITION BY NEGLECT
Any willful neglect in the maintenance and repair of an individually
designated landmark, or site or structure within the Historic Overlay
District, 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, chimneys,
roofs, doors, or windows, to create or permit a hazardous or unsafe
condition to exist; or
B.
The deterioration of the foundations, exterior walls, chimneys,
roofs, 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,
chimneys, roofs, doors, or windows.
HISTORIC DISTRICT
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically or aesthetically by plan
or development.
HISTORIC DISTRICT DESIGN GUIDELINES
Guidelines for rehabilitation and new construction design
for sites and structures in the Historic Overlay District that are
consistent with those generally recognized by the Maryland Historical
Trust and adopted by the Town upon the recommendation of the Historic
District Commission.
PUBLIC WAYS
For the Historic District Commission review, this term is
defined as public streets as so labeled on the official street map
of the Town as adopted by the Town Commissioners.
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
The location of an event of historic significance or standing
or a structure or ruin that possesses historic, archaeological, or
cultural significance.
STRUCTURE
A combination of material to form a stable construction,
including, but not limited to, buildings, stadiums, reviewing stands,
platforms, stagings, observation towers, radio towers, water tanks
and towers, trestles, piers, bulkheads, wharves, sheds, coal bins,
shelters, fences, bridges, paving, and display signs visible or intended
to be visible from a public way, a natural land formation and an appurtenance
and environmental setting. The structure includes a part of a structure.
[Amended 2-10-2021 by Ord. No. 519; 7-12-2023 by Ord. No. 541]
A. The duties of the Historic District Commission are those contained in Article 1 (Land Use), Title 8 (Historic Preservation), of the Annotated Code of Maryland, and in Chapter
340, Article
V, Historic District Provisions, of this Code.
B. The Historic
District Commission shall develop and recommend for approval by the
Town Commissioners guidelines for the preservation, restoration, rehabilitation
of existing structures and for the design of new structures on designated
historic sites and in historic districts that are consistent with
those of the Maryland Historical Trust.
(1) The
guidelines adopted under this subsection may include:
(a) Design characteristics intended to meet the needs of particular types
of sites, structures, and districts; and
(b) Identification of categories of changes that are so minimal in nature
that they do not:
[1] Affect historic, archaeological, or architectural significance; and
[2] Require review by the Commission.
(2) The
guidelines adopted under this subsection may provide that changes
that are so minimal in nature that, in the judgment of the Historic
District Commission, they do not affect historic, archaeological,
or architectural significance do not require a certificate of approval.
C. The Historic District Commission shall review and act upon any request
for a certificate of approval required by this article.
D. The Historic District Commission shall adopt rules and procedures
necessary to the conduct of its affairs in keeping with the provisions
of the Annotated Code of Maryland, General Provisions Article, Title
3, including rules and procedures for the conduct of public meetings
and hearings.
E. Members of the Historic District Commission shall disqualify themselves
from voting on any matter in which a conflict of interest is evident
or implied.
[Added 7-12-2023 by Ord. No. 541]
A. Upon receipt of any application for a development approval that requires a certificate of approval by the Historic District Commission pursuant to §
340-31C, the Building Official or Zoning Inspector, as the case may be, shall provide the property owner or the property owner's designated agent with an application for a certificate of approval.
B. The Historic District Commission may require plans, elevations, architectural
drawings, and other relevant information to aid in rendering a decision.
The property owner or the property owner's agent shall submit
the required application, accompanied by any such required information
and any application fee imposed by the Town Commissioners, to the
Building Official or Zoning Official, depending on the type of development
approval sought, who shall forward the application for certificate
of approval and accompanying materials to the Historic District Commission
for review and action.
C. In reviewing an application for a certificate of approval, the Historic
District Commission shall consider such factors as:
(1)
The historic or architectural value and significance of the
structure and its relationship to the historic value of the surrounding
area;
(2)
The relationship of the exterior architectural features of the
structure to the remainder of the structure and the surrounding area;
and
(3)
The general compatibility of exterior design, scale, proportion,
arrangement, texture, and materials proposed to be used.
(4)
Any other factors, including aesthetics, that the Historic District
Commission considers pertinent.
D. The Historic District Commission shall consider only the exterior
features of a structure.
E. Failure to supply the Historic District Commission with a complete
and specific description of the intended action, including architectural
renderings, elevations, site plans, material lists, and other reasonable
requirements of the Historic District Commission, may be grounds for
denial of the application.
F. A certificate of approval shall not be required for the planting
or removal of trees, shrubs, flowers, and/or grass in a natural environmental
setting on an existing improved lot. This exception does not include
formal gardens or landscaped areas that change the natural lot formation.
G. In acting upon an application for a certificate of approval, the
Historic District Commission shall strictly judge plans for sites
or structures it determines through research to be of historic, archaeological,
or architectural significance.
(1)
The Historic District Commission shall not strictly judge plans
for sites or structures of little historic, archaeological, or architectural
significance or plans involving new construction, unless such plans
would seriously impair the historic, archaeological, or architectural
significance of the surrounding site or structures. The Historic District
Commission shall document, in writing, the reasons for determining
that the plans would impair the significance of the surrounding sites
or structures.
(2)
If a site or structure is considered to be valuable for its
historic, archaeological, or architectural significance the Historic
District Commission may approve proposed construction, reconstruction,
alteration, moving, or demolition, despite the fact that the changes
come within the provisions of this section, if:
(a)
The site or structure is a deterrent to a major improvement
program that will be of substantial benefit to the Town; or
(b)
The retention of the site or structure would:
[1] Cause undue financial hardship to the owner; or
[2] Not be in the best interests of a majority of persons
in the Town.
H. The Historic District Commission shall attempt, in cooperation with
the owner of a site or structure, to formulate an economically feasible
plan to preserve the site or structure if:
(1)
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; and
(2)
The Historic District Commission considers the preservation
of the site or structure to be of unusual importance to the Town,
State of Maryland, or the nation.
(3)
If the Historic District Commission concludes that an economically
feasible plan cannot be formulated under this section, it shall have
90 days after the date on which it determines that such a plan cannot
be formulated to negotiate with the owner and other parties to find
a means of preserving the site or structure.
I. Unless the Historic District Commission is satisfied that the proposed
construction, reconstruction, or alteration will not materially impair
the historic, archaeological, or architectural significance of the
site or structure, the Historic District Commission shall:
(1)
Deny the application; and
(2)
Prepare a written decision setting forth its reasons for the
denial, a copy of which shall be retained by the Town Zoning Official.
J. If a site or structure is considered to be valuable for its historic,
archaeological, or architectural significance, the Historic District
Commission may approve proposed construction, reconstruction, alteration,
moving, or demolition, despite the fact that the changes come within
the provisions of this section, if:
(1)
The site or structure is a deterrent to a major improvement
program that will be of substantial benefit to the Town; or
(2)
The retention of the site or structure would:
(a)
Cause undue financial hardship to the owner; or
(b)
Not be in the best interests of a majority of persons in the
community.
K. An application for substantially the same reconstruction, alteration,
or demolition, if denied, shall not be resubmitted in substantially
similar form within one year after the rejection.
L. This section may not be interpreted to prevent routine maintenance
or landscaping, which does not have a material effect on the historic,
archaeological, or architectural significance of a designated site,
structure, or district.
Upon approval of an application, the Historic District Commission
shall transmit a report to the Zoning Inspector stating the conditions
upon which approval was granted and shall cause a historic review
certificate to be issued. Final action shall be taken within 45 days
after filing of the request; if not, the application shall be deemed
approved, except when an agreement between the Historic District Commission
and the applicant has been made for an extension of the time limit.
Any person with standing to do so may appeal a decision or determination by the Historic District Commission to the Board of Zoning Appeals according to Article
XII of this chapter.
Enforcement and penalties under this article shall be as specified in §
340-212 of this chapter.
[Added 7-12-2023 by Ord. No. 541]
The Town may purchase architectural easements in connection
with structures located in or adjacent to the Historic Overlay District
upon the recommendation of the Historic District Commission. Any such
easement shall grant to the Town, the residents of the Historic Overlay
District, and the general public the perpetual right to have the exterior
appearance of any structure upon which it is applied retained in substantially
the same character as when the easement took effect.