The preservation of sites and structures of
cultural, historic, architectural, or archeological significance together
with their appurtenances and environmental settings is a public purpose
in this Town. The Mayor and Council of the Town of Sykesville believe
that the public interest and convenience requires the preservation
and protection of certain places and areas of historic interest, exterior
architectural or archeological features and examples of the types
of architecture found in older areas of the Town of Sykesville.
The purposes of this chapter shall be:
A. To safeguard the heritage of the Town of Sykesville
by preserving sites, structures, or districts therein which reflect
elements of cultural, social, economic, political, archeological or
architectural history;
B. To stabilize and improve property values of such sites,
structures or districts;
D. To strengthen the local economy;
E. To promote the preservation and appreciation of the
sites structures, and districts for the education and welfare of the
residents of the Town of Sykesville and Carroll County.
The Mayor and Town Council of the Town of Sykesville
derive authority for this chapter by virtue of the terms of the Maryland
Code, Historic Area Zoning, Article 66B, §§ 8.01 through
8.17, as amended from time to time.
As used in this chapter, the following terms
shall have the meanings indicated:
DEMOLITION
Includes any willful neglect in maintenance and repair of
a structure, not including any appurtenances and environmental settings,
that does not result from financial inability to maintain and repair
the structure and that threatens to result in any substantial deterioration
of the exterior features of the structure.
DISTRICT
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically or aesthetically by plan
or physical development.
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,
archeological, or architectural significance of the historical site
or structure.
SITE
The location of an event of historic significance or a structure,
whether standing or ruined, which possess historic, archeological,
or cultural significance.
STRUCTURE
A combination of material to form a construction that is
stable; including among other things, buildings, stadiums, reviewing
stands, platforms, stagings, observation towers, radio towers, water
tanks and towers, trestles, bridges, piers, paving, bulkheads, wharves,
sheds, coal bins, shelters, fences and display signs visible or intended
to be visible from a public way. The term also includes natural land
formations and appurtenances and environmental settings. The term
shall be construed as if followed by the words "or part thereof."
The Town of Sykesville Historic Districts shall
consist of two districts. The first district covers the area as shown
on the Downtown Historic District Map, which is hereby incorporated
as part of this chapter (the "Downtown Historic District"). The second
district covers the area as shown on the Warfield Historic District
Map, which is hereby incorporated as part of this chapter (the "Warfield
Historic District") Collectively, they are referred to as the "Historic
Districts."
The Commission may require, as part of a permit
approval, that easements in connection with individual sites or structures,
or with sites or structures located in or adjacent to the Town's Historic
Districts, be granted to the Town. Such easements may grant to the
Town, the Commission, the residents of the Historic Districts, and
the general public the right to ensure that any site or any structure
and surrounding property upon which it is applied is protected, in
perpetuity, from changes which would affect its historical, archeological,
or architectural significance.
In reviewing applications, the Commission shall
give consideration to:
A. The historic, archeological, or architectural significance
of the site or structure and its relationship to the historic, archeological,
or architectural significance of the surrounding area.
B. The relationship of the exterior architectural features
of a structure to the remainder of the structure and to the surrounding
area.
C. The general compatibility of the exterior design,
scale, proportion, arrangement, texture, and materials proposed to
be used.
D. Any other factors, including aesthetic factors which
the Commission deems to be pertinent.
The Commission shall be strict in its judgment
of plans for sites or structures determined by research to be of historic,
archeological, or architectural significance. The Commission shall
be lenient in its judgment of plans for sites or structures of little
historic, archeological or architectural significance, or for plans
involving new construction, unless such plans would seriously impair
the historic, archeological, or architectural significance of the
surrounding site or structure. The Commission is not required to limit
construction, reconstruction, or alteration to the architectural style
of any one period.
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 fact the changes come within the provisions of §
93-12 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 Town of Sykesville;
B. Retention of the site or structure would cause undue
financial hardship on the owner; or
C. The retention of the site or structure would not be
in the best interests of a majority of persons in the community.
The Commission shall adopt such rules and regulations
as may be necessary for the proper transaction of its business. Any
interested person or a person's representative is entitled to appear
and be heard at any public hearing conducted by the Commission.
Nothing in this chapter shall be taken or construed
to prevent routine maintenance, customary farming operations, or landscaping
which will have no material effect on the historic, archeological,
or architectural significance of a designated site, structure, or
district. Nothing in this chapter affects the right to complete any
work covered by a permit or authorization issued prior to the effective
date of this chapter.
Any person or persons, firm or corporation aggrieved
by a decision of the Commission shall have the right of appeal concerning
such decision to the Circuit Court of Carroll County.
[Amended 9-27-2004 by Ord. No. 247]
A. Any violation of this chapter shall constitute a municipal
infraction. Each day the violation occurs shall constitute a separate
offense. The penalties for such municipal infraction shall be as follows:
(1) First offense: A first violation shall constitute a Class C municipal infraction as provided in Chapter
1, Article
I, Municipal Infractions.
(2) Second offense: A second offense shall constitute a Class D municipal infraction as provided in Chapter
1, Article
I, Municipal Infractions.
(3) Third and subsequent offenses: A third and all subsequent violations shall constitute a Class E municipal infraction as provided in Chapter
1, Article
I, Municipal Infractions. The imposition of penalties shall be subject to a waiver if the violator can show compliance with this chapter within 45 days of the violation of this chapter.
B. In addition to any other remedies and penalties, upon
violation of this chapter, the Town, the Zoning Administrator, the
Commission or the Board of Zoning Appeals shall have the authority
to institute an appropriate action to prevent, enjoin, abate or remove
such violation.