[Amended 10-16-2023 by Ord. No. 1122]
The Mayor and City Council of the City of Havre
de Grace derives authority for this chapter by virtue of its conformance
with provisions of the State of Maryland Enabling Act for Historic
Area Zoning (Land Use Article, §§ 8-101 through 8-501,
Annotated Code of Maryland).
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them:
ALTERATION
Any exterior change that would affect the historic 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.
APPURTENANCES AND ENVIRONMENTAL SETTINGS
All that space of grounds and structures thereon which surrounds
a designated site or structure and to which it relates physically
or visually. Appurtenances and environmental settings shall include
but not be limited to walkways and driveways (whether paved or not),
fences, freestanding signs, trees, landscaping, pastures, croplands,
waterways, open space, setbacks, parks, public spaces, and rocks.
DEMOLITION BY NEGLECT
Any willful neglect in the maintenance and repair of an individually
designated landmark, site, or structure, or a site or structure within
a designated preservation district, not 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, roofs, chimneys, doors, or windows, so as to create or permit
a hazardous or unsafe condition to exist; or
B.
The deterioration of the foundations, exterior
walls, roofs, chimneys, doors, windows, or the lack of adequate waterproofing
which would or could result in permanent damage, injury, or loss of
or loss to foundations, exterior walls, roofs, chimneys, doors, or
windows.
HISTORIC PRESERVATION DISTRICT
A significant concentration, linkage, or continuity of sites,
structures, or objects united historically, architecturally, or culturally
by plan or physical development. An historic preservation district
shall include all property within its boundaries as defined and designated
by the Mayor and City Council of Havre de Grace.
EXTERIOR FEATURES
The architectural style, design, and general arrangement
of the exterior of an historic structure, including the nature and
texture of building material, and type and style of all roofs, windows,
doors, light fixtures, signs, or similar items found on or related
to the exterior of an historic structure.
LANDMARK
Any designated site or structure outside the boundaries of
an historic preservation district that is of exceptional historic
or architectural significance.
RECONSTRUCTION
The process of reproducing by new construction the exact
form and detail of a vanished structure, or part thereof, as it appeared
at a specific period of time.
RESTORATION
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 specific period.
SITE
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses historic, architectural,
or cultural significance.
STRUCTURE
A combination of material to form a construction that is
stable, including but not limited to 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 "structure" shall be construed
as if followed by the words "or part thereof."
The Historic Preservation Commission shall have
the following powers and duties:
A. To conduct or direct studies, reports, and surveys
to identify historical or culturally significant site(s), structure(s),
and district(s) that exemplify the cultural, social, economic, political,
or architectural history of Havre de Grace, the state, or the nation;
B. Consistent with the City's charter, ordinances, resolutions,
policies, and procedures regarding the acceptance and use of gifts
by public officials, to accept and use gifts for the exercise of its
duties;
C. To prescribe appropriate rules and regulations for
transaction of its business;
D. To propose for adoption by the Mayor and City Council
of Havre de Grace rehabilitation and new construction design guidelines
and criteria for construction, alteration, reconstruction, moving,
and demolition of designated landmarks, sites, structures, and districts
which are consistent with the Secretary of the Interior's Standards
for Rehabilitation. Guidelines may include design characteristics
intended to meet the needs of particular types of designated landmarks,
sites, structures, and districts, and also may identify categories
of changes that do not require review by the Commission, because the
changes are minimal in nature and do not affect historic or architectural
significance. Where a conflict occurs between the City Building Code and the Secretary of the Interior's Standards for Rehabilitation,
the Secretary of the Interior's Standards for Rehabilitation will
prevail.
E. Consistent with the City's charter, ordinances, resolutions,
policies, and procedures governing the acquisition of easements, to
accept or otherwise acquire historic preservation easements on designated
landmarks, sites, or structures and, when deemed appropriate by the
Commission, sites or structures located in, or adjacent to, a designated
district; and
F. To undertake any other action or activity necessary
or appropriate to the implementation of its powers and duties or the
implementation of this chapter.
G. The Historic Preservation Commission shall appear before the Mayor
and City Council at a regular City Council meeting at least once each
year and report on the Commission's activities, present copies of
the prior year's meeting minutes, and account for any funds raised,
including funding received from the City and expenses paid, and any
other information requested by the Mayor and City Council related
to its operations. In addition, the Commission by its chairman or
designee shall attend at least one annual joint public work session
with the Mayor and City Council along with all of the other City boards,
commissions and committees to facilitate the coordination of activities
and other goals or concerns of the Mayor and City Council.
[Added 3-17-2014 by Ord. No. 954]
H. Photo documentation.
[Added 3-17-2014 by Ord. No. 954]
(1) The
Commission in conjunction with the Director of Planning shall use
photo documentation to make a record of and preserve photo street
scapes of the City of Havre de Grace in not less than ten-year intervals
beginning in 2015. Photo documentation shall also take place upon
any annexation or upon significant renovations; demolitions or new
construction that alters the street scape.
(2) The
Department of Planning shall store, preserve and make available for
public display the photo documentation of the street scapes.
The Commission may designate any other organizations
or individuals qualified by interest, training, or experience to make
an analysis of and report recommending the preservation of sites,
structures, or districts of historical, architectural, or cultural
significance within the City of Havre de Grace. 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. The Commission may
designate any other organizations or individuals qualified by interest,
training, or experience to assist in achieving the purposes of this
chapter.
[Amended 10-16-2023 by Ord. No. 1122]
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 of the City of Havre de Grace, in accordance with the terms of Article
IV, Board of Appeals, of Chapter
25, Boards, Committees and Commissions, of the Code of the City of Havre de Grace, within 30 days from the date of the Commission's decision.
Any willful violation of the provisions of this
chapter shall be deemed a municipal infraction punishable by a fine
of $100. Each and every day that the violation continues shall be
deemed a separate violation.