A. 
Purpose of regulations and district.
(1) 
It is the purpose of this section to establish regulations and procedures necessary to preserve the historic structures and character of Chesapeake City.
(2) 
The purposes of the Historic Area District are as follows:
(a) 
To preserve structures of historic and architectural value.
(b) 
To safeguard the heritage of Chesapeake City by preserving the district therein which reflects elements of the Town's cultural, social, economic, political or architectural history; to stabilize and improve property values in the historic district; to foster civic beauty; to strengthen the local economy; and to promote the use and preservation of the historic district for the education, welfare and pleasure of the residents of both the Town and surrounding region.
(3) 
It is not the intent of this chapter to discourage contemporary architectural expression or to encourage the emulation of existing buildings or structures of historical architectural interest in specific detail. Harmony or incompatibility will be evaluated in terms of the appropriateness of materials, scale, size, height, and placement of new buildings in their relationship with existing structures.
B. 
Applicability. These provisions shall apply within the Historic Area District as is shown on the Official Zoning Map of Chesapeake City.
C. 
Historic District Commission.
(1) 
The establishment and proceedings of the Historic District Commission shall be as provided for in § 120-2.1.4 of this chapter.
(2) 
Every application considered by the Historic District Commission shall be accepted or rejected by that Commission.
(3) 
No permit may be granted until the Historic District Commission has first acted thereon and submitted its decision to the Planning Commission. Only upon Planning Commission approval shall a permit be issued.
A. 
Application. An application shall include all plans for construction, erection, reconstruction, alteration, excavation and changes in the exterior of the building.
B. 
Procedures.
[Amended 1-27-2020 by Ord. No. 2020-001]
(1) 
The applicant files an application for a building permit with the Zoning Administrator.
(2) 
After review by the Zoning Administrator to ensure the application conforms to the applicable use regulations, the Zoning Administrator will forward the application to the Chairperson of the Historic District Commission.
(3) 
After hearing from the applicant and any other interested persons at the meeting, the Commission shall, within 30 days of its meeting on the application, make its decision public.
(4) 
The Historic District Commission shall file with the Planning Commission a permit of its approval, modification or rejection of all applications and plans submitted to it for review. The Historic District Commission may recommend approval subject to such conditions as are necessary to ensure conformity with the provisions and purposes of this section.
(5) 
The applicant shall receive a written notification of the Commission's decision. In the event of a denial of a permit, reasons for such denial shall be included with the written notification.
(6) 
In reviewing applications, the Historic District Commission shall state in writing its findings of fact related to:
(a) 
The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
(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;
(d) 
The extent to which the building or structure would be harmonious with, or incongruous to, the environmental setting of the Historic District; and
(e) 
Any other factors including aesthetic and environmental factors which the Committee deems pertinent.
C. 
Standards for exercising judgment.
(1) 
The Historic District Commission shall be strict in its judgment of plans for those structures deemed to be valuable for historic or architectural reasons and lenient in its judgment of plans for structures of little historic value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures in the surrounding area.
(2) 
The Historic District Commission is not required to limit new construction, alteration, or repair to the architectural style of any one period.
D. 
Applications for permits for structures of unusual importance. If an application is submitted for reconstruction or alteration affecting the exterior appearance of a structure or for the moving or demolition of a structure, the preservation of which the Historic District Commission deems of unusual importance to the Town or of unusual importance to the state or nation, the Historic District Commission shall attempt with the owner of the structure to formulate an economically feasible plan for the preservation of the structure.
E. 
Special circumstances. In the case of a structure deemed to be valuable for the period of architecture it represents and its importance to the District, the Commission may approve the proposed reconstruction or alteration despite the fact the changes come within the provisions of Subsection D above, if:
(1) 
The structure is a deterrent to a major improvement program which will be of substantial benefit to the Town of Chesapeake City;
(2) 
Retention of the structure would cause undue financial hardship to the owner; and/or
(3) 
The retention of the structure would not be in the interest of the Town as provided for in the adopted Comprehensive Plan.
[Amended 1-27-2020 by Ord. No. 2020-001]
A. 
Permit filed with Planning Commission. The Historic District Commission shall file with the Planning Commission a permit 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 permit of approval has been filed by the Commission and further approved by the Planning Commission. The Planning Commission shall not act to approve a project for which the Historic District Commission has filed a permit of rejection.
B. 
No work to commence without approval. The owner, lessee, or tenant of the property and premises shall not commerce the proposed work or change until and unless he/she has received a permit of approval from the Planning Commission and Historic District Commission.
A. 
Nothing in this article shall be taken or construed to prevent work or repairs on any structure coming under the heading of ordinary maintenance. Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.
[Amended 8-14-2023 by Ord. No. 2023-002]
B. 
Nothing in this article affects the right to complete any work covered by permit or authorization issued prior to the effective date of adoption or amendment of this chapter, unless otherwise specified.
Any person aggrieved by a decision of the Historic District Commission has the right of appeal therefrom to the circuit court which will review the Commission's decision based on the record of the proceedings before the Historic District Commission.
The Historic District Commission may purchase architectural easements in connection with structures located within or adjacent to the Historic Area District. Such easement shall grant to the Historic District Commission, the residents of the historic 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.