[Added 11-13-1991]
The HA Historic Area Overlay Zone is intended
to protect, enhance and aid in the perpetuation of especially noteworthy
examples or elements of Frederick County's cultural, social, economic,
religious, political, agricultural, military, industrial or architectural
history in order to:
A.
Foster civic pride and an appreciation for historic
values.
B.
Maintain and improve property values by providing
incentives for upkeep and rehabilitation.
C.
Protect and enhance the County's attractiveness to
tourists and visitors.
D.
Provide for the education and general welfare of the
people of the County.
E.
Encourage nomination of qualified historic properties
to the state and national registers.
HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as an historic area.
A.
The HRAB or applicant shall submit a report to support
the proposed amendment. The report shall suggest the historic boundaries
as well as describe the historic and/or architectural significance
of the buildings, structures or sites to be protected, current planning
affecting the area, present development trends and conditions in the
area and the public objectives for preservation.
B.
A public hearing shall be held by the Board of Supervisors
prior to adoption of a proposed zone. Notice shall be sent to all
property owners within the boundaries of the proposed zone, indicating
the time and place of the public hearing. The notice shall also state
that residents may express their opposition to the proposed district
in writing. The Board of Supervisors shall alter the boundaries of
the proposed zone to exclude those property owners expressing opposition.
C.
Any area to be designated as an HA Zone shall in fact
include landmarks, buildings, structures or sites determined to be
of historical and/or architectural significance. All stated recommendations
of the HRAB which supplement or modify the general regulations of
this Part 703 may be adopted by the Board of Supervisors and applied
to the zone created.
D.
At the time an overlay zone is established, the Board
of Supervisors may create an additional position and appoint a member
to the HRAB. The member appointed shall be the owner of property within
the newly established zone and shall serve a term of two years.
The significance of an historic area shall be
based on cultural, architectural and historical factors and shall
be documented in a written report, which shall include a discussion
of the following:
A.
Architectural style.
(1)
Presence of distinguishing characteristics of
a recognized style.
(2)
Significance of architectural design.
(3)
Scale and/or interrelationship of structures
and/or environmental features.
(4)
Significant patterns of development.
(5)
Quality of workmanship.
(6)
Amount of surviving original material.
(7)
Original location and/or use.
(8)
Remaining outbuildings or dependencies.
(9)
Surrounding environment, gardens, landscaping
and walks.
(10)
Overall aesthetic quality.
(11)
Original integrity of the structure and its
details.
C.
Additional information.
(1)
A description of existing structures and uses
likely to have an adverse effect on the character of the district,
including those near and visually related to the district, with maps,
photographs and other data indicating the reasons for such an effect.
(2)
A list of structures within the zone which notes
which structures are contributing and which are not. Surviving building
types and structures not historic in themselves but adding to the
character of an historic area need to be looked at as potentially
deserving preservation.
(3)
An analysis of lands not occupied by structures,
including lands near and visually related to the district. For public
lands, ownership, use and location shall be indicated. For private
lands, assessed valuation shall be added as well as existing zoning
and planned land use.
(4)
Recommendations concerning supplemental regulations
to be applied to the historic area under consideration for the purpose
of preventing changes which are incompatible with the buildings, structures
or sites to be preserved. Such regulations may include permitted and
prohibited principal and accessory uses and structures, minimum lot
and yard requirements, maximum lot coverage by all buildings, maximum
height of structures, off-street parking and loading requirements,
control of signs and exterior illumination and the control of significant
exterior alterations to existing buildings.
Within the Historic Area Overlay Zone, these
regulations shall apply:
A.
New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and/or architectural aspects of the zone and issues a certificate of appropriateness. All requests for construction, reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with § 165-703.05, Guidelines for new construction and alterations.
[Amended 4-14-2010]
B.
Matters to be considered in passing upon the appropriateness
of construction, reconstruction or significant exterior alteration
of buildings or structures by the HRAB. The HRAB shall not consider
interior alterations and shall only impose restrictions for the purpose
of preventing development incompatible with the historic aspects of
the area.
C.
The HRAB shall consider the Secretary of the Interior's
Standards for Rehabilitation and the following in evaluating the appropriateness
of architectural features:
(1)
The extent to which the proposed action will
affect the overall character and continuity of the area.
(2)
Whether elements of the general design, such
as scale, height and proportion of the proposed work, are visually
compatible with the surrounding area.
(3)
Whether the texture and materials proposed are
compatible with existing structures in the area.
D.
Demolition. No contributing building or structure
within any HA Zone shall be demolished or removed, until a certificate
of appropriateness is issued by the HRAB. The demolition or removal
of a noncontributing structure may be authorized by the Zoning Administrator.
E.
Matters to be considered in determining whether to
grant a permit for razing or demolition. The HRAB shall consider any
and all of the following criteria:
(1)
Is the historic resource of such architectural, cultural, or
historical interest that its removal would be detrimental to the public
interest?
[Amended 4-14-2010]
(2)
Could the building only be reproduced at great
expense or difficulty due to its unique or unusual texture, material
or design?
(3)
Would demolition of the structure result in
the loss of a significant historic place or resource in Frederick
County?
[Amended 4-14-2010]
F.
Offer for sale. The owner of a building, structure
or site in a historic district shall, by right, be entitled to demolish
the same, provided that:
(1)
The property owner has applied for a demolition
permit.
(2)
The property owner has made a bona fide offer
to sell the structure and land on which it is located to an individual
or group which makes reasonable assurances that it will preserve the
landmark. The property shall be offered at a price reasonably related
to its fair market value as determined by an independent appraisal
for the period established by the schedule below:
|
Time Period
(months)
|
Asking Price
|
|---|---|
|
3
|
Less than $25,000
|
|
4
|
Between $25,000 and $40,000
|
|
5
|
Between $40,000 and $55,000
|
|
6
|
Between $55,000 and $75,000
|
|
7
|
Between $75,000 and $90,000
|
|
12
|
Over $90,000
|
G.
Hazardous buildings or structures can be demolished
without consideration by HRAB with written approval of the Zoning
Administrator, stating the conditions which justify the demolition.
H.
Moving or relocation. No landmark, building or structure
within a district shall be removed or relocated if the move would
be detrimental to the public interest or the historic integrity of
the structure unless approved by the HRAB.
I.
Uses permitted. Within the Historic Area Overlay Zone,
general regulations and permitted uses shall be the same as provided
within the respective underlying zoning districts except where such
regulations are modified or amended by recommendation of the HRAB
and adoption of the Board of Supervisors.
J.
Exceptions. Where the strict interpretation of these
regulations creates an undue hardship, the HRAB may make recommendations
for reasonable exemptive relief.
[Added 4-14-2010[1]]
A.
New construction should speak of the historical era within the particular
HA Overlay Zone and should not seek to replicate or reproduce existing
features but complement the existing historic architecture and character.
Franchise architecture should be avoided in HA Overlay Zones. All
new construction should protect and preserve significant archaeological
resources. The HRAB may use reasonable discretion in determining an
applicant's degree of compliance, as long as a proposed design is
consistent with the purpose and intent of the HA Zone.
B.
New construction should maintain a height and scale which is compatible
with adjacent buildings and other existing structures in the historic
area.
C.
Items such as mechanical equipment, meters, transformers, HVAC equipment
and dumpsters should be visually screened from public view.
D.
Freestanding signage shall conform to the requirements of § 165-201.06. Wall-mounted signs shall be limited to 20 feet in height above grade and only one building-mounted sign not to exceed 50 square feet shall be permitted per building face.
E.
Parking areas should be designed to maintain the integrity of an area's historic nature by minimizing the dominance of the automobile and reducing the visual impact of parking areas. Parking areas should be placed as to not de-emphasize the main structures in the HA Overlay Zone. Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of § 165-202.01 but shall not be subject to the surface materials and curbs and gutters requirements unless necessary for erosion and sediment control or stormwater management purposes. Parking areas within HA Zones shall be permitted to utilize brick, pavers, reinforced gravel systems or similar materials so long as a dust-free environment is maintained. Parking surfaces comprised solely of unfortified grass areas are not acceptable.
[1]
Editor's Note: This ordinance also renumbered former § 165-703.05, Administratioon, as § 165-703.06.
A.
The Zoning Administrator. The Zoning Administrator
shall not authorize a permit for any erection, reconstruction, significant
exterior alteration, demolition or razing of a building, structure
or site in the HA Historic Area Overlay Zone until the same has been
approved and a certificate of appropriateness issued by the HRAB,
following the procedures set forth below.
[Added 4-14-2010]
B.
Upon receipt of an application for such a permit in
the Historic Area Overlay Zone, the Zoning Administrator shall follow
the procedures below:
C.
Materials to be submitted for review. Twelve copies
of all materials prepared in relation to the application shall be
submitted by the applicant. The Zoning Administrator or the HRAB may
require submission of any or all of the following: architectural plans,
site plans, landscaping plans, design for proposed signs with appropriate
detail as to character, proposed exterior lighting arrangements, elevations
of all portions of structure with important relationships to public
view (with indications as to visual construction materials, design
of doors and windows and relationships to adjoining structures) and
such other exhibits and reports as are necessary for these determinations.
D.
Fees. The Board of Supervisors shall establish a schedule
of fees for the submission and review of an application for a certificate
of appropriateness.
E.
Other approvals required. In any case in which an
applicant's proposal also requires the approval of the Board of Zoning
Appeals, approval by the Board of Zoning Appeals shall be obtained
prior to action by the HRAB.
F.
Action of the Historic Resources Advisory Board.
[Amended 4-14-2010]
(1)
The HRAB shall return, within 60 days after submission of the
completed application, its decision concerning granting a certificate
of appropriateness for the erection, reconstruction, significant exterior
alteration, restoration, razing or demolition or relocation of all
or part of any building within the HA Zone. The HRAB shall apply the
following criteria for its evaluation of any application:
(a)
Risk of substantial alteration of the exterior features of a
historic resource.
(b)
Compatibility in character and nature with the historic, architectural
or cultural features of the historic overlay district.
(c)
Exterior architectural features, including all signs.
(d)
General design, scale and arrangement.
(e)
Texture and material.
(f)
The relationship of the size, design and siting of any new or
reconstructed structure to the landscape of the district.
(2)
If the HRAB grants a certificate of appropriateness,
it shall authorize the Zoning Administrator to issue a permit for
the work specified in the application. If the HRAB disapproves the
application, the reasons shall be stated in writing and forwarded
to the applicant, and the Zoning Administrator shall disapprove the
application for the required permit. The disapproval shall indicate
what changes in the plans and specifications would enable the proposal
to meet the conditions for protecting and preserving the historical
character of the HA Zone. If the applicant determines that he will
make the suggested changes, he shall so advise the HRAB in writing,
which shall act accordingly.
(3)
In the case of disapproval, the application
shall not be resubmitted for consideration until 12 months have elapsed
from the date of disapproval unless the indicated changes in plans
and specifications have been incorporated into the reapplication.
The applicant may appeal the disapproval to the Board of Supervisors.
