[HISTORY: Adopted by the Mayor and Council
of the Town of Sykesville 2-12-2001 by Ord. No. 223. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
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;
C.
To foster civic beauty;
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:
Includes walkways and driveways (whether paved or not), trees,
landscaping, pastures, croplands, waterways, and rocks.
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.
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically or aesthetically by plan
or physical development.
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.
The location of an event of historic significance or a structure,
whether standing or ruined, which possess historic, archeological,
or cultural significance.
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."[1]
[1]
Editor's Note: The maps referred to are on
file in the Town Manager's office (or in the office of any staff member
who may be designated by the Town Manager).
A.
The Mayor and Council of the Town of Sykesville hereby
creates a commission to be called the "Historic District Commission"
(Commission).
B.
The Commission shall have a membership of seven persons,
all of whom 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 and agree to serve on this Commission.
C.
The criteria for Commission membership under the category of "demonstrated special interest" may be satisfied either by formal training in one or more of the fields listed in Subsection A of this section, or membership in a preservation-related organization. The criteria for membership under the category of "specific knowledge" may be satisfied by formal, post-secondary education, employment or practical experience in one or more of the above-listed fields. The criteria for Commission membership under the category of "professional or academic training" 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.
D.
The member shall be appointed for terms of three years
each except that in making the initial appointments, some appointments
shall be established for less than three years in order that, as these
initial terms expire, all subsequent appointments shall be for three
years and shall not expire at the same time. Members of the Commission
are eligible for reappointment.
E.
Any member of the Commission may be removed by the
Mayor with approval of the Council after a public hearing, for inefficiency,
neglect of duty or malfeasance in office. The Mayor shall file with
the Town Clerk a written statement of the reason or reasons for the
removal.
F.
Any vacancy on the Commission shall be filled by the
Mayor with approval of the Council upon recommendation by the Commission
for the unexpired term of the particular position.
G.
A majority of the then members of the Commission shall
constitute a majority for the transaction of business, and a majority
vote of the members present shall control any action of the Commission.
H.
The Commission, on behalf of the Town, shall have
the right to accept and use gifts and donations made to the Town or
to the Commission for the exercise of the Commission's functions.
Gifts or donations shall not be made directly to a Commission member,
nor shall such gifts or donations otherwise violate any Town, state,
or federal laws regarding ethics or conflicts of interest.
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.
A.
Before the construction, exterior alteration, reconstruction,
moving or demolition of any site or structure within the Historic
Districts, any portion of which is visible or intended to be visible
from a public way, the person, individual, firm, or corporation proposing
to make the construction or change shall file with the Commission,
through the Town Manager (or such other staff member who may be designated
by the Town Manager), an application for permission to construct,
alter, reconstruct, move or demolish the site or structure. Every
such application shall be referred to and considered by the Commission
and accepted or rejected by the Commission. An application which is
identical to a rejected application shall not be resubmitted within
a period of one year after the rejection. No permit for any such change
may be granted until the Commission has acted thereon as hereinafter
provided.
[Amended 6-11-2007 by Ord. No. 268]
B.
The Commission may recommend and the Town may adopt,
by resolution, rehabilitation and new construction design guidelines
consistent with those generally recognized by the Maryland Historical
Trust. Guidelines may include design characteristics intended to meet
the needs of particular types of sites, structures, and districts,
and may identify categories or changes that are so minimal in nature
that they do not affect historic, archeological, or architectural
significance and require no review by the Commission. These guidelines
shall be utilized by the Commission in its review of applications.
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.
A.
The Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Commission shall not disapprove an application except with respect to the several factors specified in this section and in § 93-9 above.
B.
The map entitled "Downtown Historic District Sykesville,
Maryland 1995," attached to this chapter, is hereby adopted as a guide
to the ranking of the significance of buildings in the Downtown Historic
District. The map shall be utilized as a guide for the Commission's
decisions under this chapter.[1]
[1]
Editor's Note: The map referred to is on file
in the Town Manager's office (or in the office of such other staff
member who may be designated by the Town Manager).
C.
Downtown Historic District design guidelines.[2]
(1)
The Commission's decisions applicable to the Downtown
Historic District shall be guided by the Town of Sykesville Historic
District Design Guidelines (2000), as amended from time to time by
the Historic District Commission, provided that such amendments to
the Town of Sykesville Historic District Guidelines (2000) have been
approved by resolution of the Mayor and Town Council of the Town of
Sykesville, the provisions of which are hereby adopted and incorporated
herein by reference; and
(2)
The Commission's decisions applicable to the Downtown
Historic District shall be guided by the Secretary of the Interior's
Standards for Rehabilitation and guidelines for rehabilitating historic
buildings, as amended from time to time, the provisions of which are
hereby adopted and incorporated herein by reference.
D.
Warfield Historic District design guidelines.[3]
(1)
The Commission's decisions applicable to the Warfield
Historic District shall be guided by the Secretary of the Interior's
Standards for Rehabilitation and guidelines for rehabilitating historic
buildings, as amended from time to time, the provisions of which are
hereby adopted and incorporated herein by reference.
(2)
In addition to all other applicable provisions of
this chapter regarding rehabilitation of historic buildings lying
within the Warfield Historic District (identified as Buildings A,
B, C, D, E, F, G, H, I, T, W, Auditorium, Engine House, Hubner and
Root Cellar and any appurtenances thereto, as located on the attached
"Site Map of the Warfield Complex"), the Historic District Commission's
decisions shall be guided by the Historic Preservation Guidelines
for the Warfield Complex and Summary of Historic Preservation Guidelines
for the Warfield Complex, as amended from time to time by the Historic
District Commission and provided that such amendments have been approved
by resolution of the Mayor and Town Council of the Town of Sykesville,
the provisions of which are hereby adopted and incorporated herein
by reference.
[Added 5-28-2002 by Ord. No. 228; amended 1-24-2011 by Ord. No.
273]
(3)
In
addition to all other applicable provisions of this chapter regarding
new construction within the Warfield Historic District, the Historic
District Commission's decisions shall be guided by the "Warfield Commercial
Center: New Construction Guidelines and Standards for Signs and Energy
Efficiency," along with its Appendix, as amended from time to time
by the Historic District Commission and provided that such amendments
have been approved by resolution of the Mayor and Town Council of
the Town of Sykesville, the provisions of which are hereby adopted
and incorporated herein by reference.
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.
A.
If an application is submitted for construction, reconstruction,
or alterations affecting a site or the exterior appearance 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 the
Town of Sykesville or Carroll County or of unusual importance to the
entire state or nation, the Commission shall attempt, with the owner
of the structure, to formulate an economically feasible plan for the
preservation of the site or structure. Unless in these circumstances
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 Zoning Administrator and the Carroll County Office of Permits
and Inspections.
B.
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 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 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.
A.
The Commission shall file with the Zoning Administrator
and the Carroll County Office of Permits and Inspections a certificate
of its approval, modification or rejection of all applications and
plans submitted for its review. Work shall not be commenced on any
such project until such a certificate of approval has been filed,
and the Zoning Administrator and/or the Carroll County Permits and
Inspections shall not issue a building permit for such change or construction
unless and until he has received such a certificate of approval.
B.
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 mutually by the applicant and the Commission or the application
has been withdrawn.
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:
(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.
