[Amended by Bill Nos. 19-01; 09-11; 10-30; 11-44; 14-9; 15-017;
17-004; 19-004]
A.
It is a public purpose in Harford County to preserve sites, structures
and districts of historical, cultural, archeological or architectural
significance together with their appurtenances and environmental settings.
B.
It is the further purpose of this article to preserve and enhance
the quality of life in Harford County by:
(1)
Safeguarding the County's historic and cultural heritage through
the preservation of sites, structures and Historic Districts that
reflect elements of cultural, social, economic, political, archeological
or architectural history;
(2)
Strengthening the local economy;
(3)
Stabilizing and improving property values of such sites, structures
or Historic Districts and in the County generally;
(4)
Fostering civic pride in the beauty and accomplishments of the
past; and
(5)
Promoting the preservation and appreciation of historic sites,
structures and Historic Districts for the education and welfare of
the residents of Harford County.
The Historic Preservation Commission shall be established pursuant to Chapter 9, Boards, Commissions, Councils and Agencies, of the Harford County Code, as amended.
This article may not be construed to:
A.
Prevent any routine maintenance or repair of an exterior feature
which involves no change in design, material or outward appearance
of a site or structure proposed or designated as a Historic Landmark;
B.
Prevent the construction, rehabilitation, restoration, reconstruction,
alteration or demolition of any exterior features of a Historic Landmark
which the Department of Inspections, License and Permits determines
is required for the public safety because of an unsafe or dangerous
condition; or
C.
Prevent or prohibit the owner or occupant, if any, of a Historic
Landmarks from using that site or structure in any lawful manner,
so long as the use does not involve the demolition of the structure
or the alteration of its architectural features.
The County Council of Harford County may designate the boundaries
of sites, structures or areas as Historic Landmarks or Historic Districts
if:
A site, structure or area shall be at least 50 years of age
or older, have sufficient integrity of location, design, materials
and workmanship and meet one or more of the following criteria.
A.
Historical and cultural significance:
(1)
Is associated with events significant in the past;
(2)
Is associated with the lives of persons significant in the past;
(3)
Has character, interest or value as part of the heritage or
culture of Harford County, the State of Maryland or the United States;
or
(4)
Has the potential to provide important information about history
or prehistory.
B.
Architectural and design significance:
(1)
Embodies the distinctive characteristics of a particular architectural
style, period or method of construction;
(2)
Represents the work of a notable architect or master builder;
(3)
Possesses high artistic value; or
(4)
Represents a significant and distinguishable entity whose components
may lack individual distinction.
A.
Nomination.
(1)
Historic landmark nominations shall be made to the Department
of Planning and Zoning, in conjunction with the Historic Preservation
Commission, and may be submitted by a member of the Historic Preservation
Commission, owner of record of the nominated property or structure
or any other person or organization.
(2)
A nomination for an individual site, structure, building, object
or property shall be filed by or with the written consent of the legal
property owner.
B.
Notice and hearing.
(1)
The Department of Planning and Zoning, in conjunction with the
Historic Preservation Commission, shall conduct public meetings to
consider sites, structures or areas to be designated as Historic Landmarks
or Historic Districts.
(2)
For each structure or group of structures, a sign shall be conspicuously
posted giving notice of the public meeting on whether a site, structure
or area should be officially designated.
(3)
The public meeting shall be held within 14 calendar days after
the sign is posted.
(4)
The Department of Planning and Zoning, in conjunction with the
Historic Preservation Commission, shall recommend the eligible site,
structure or area to the County Council for designation as a Historic
Landmark or Historic District.
(5)
Upon designation by the County Council, the Historic Landmark
shall be identified by name and historic inventory number and shall
be added to the Harford County Historic Landmarks List kept on file
and available for public inspection at the Department of Planning
and Zoning.
C.
Interim control. No building permit shall be issued by the Department
of Inspections, Licenses and Permits for alteration, construction,
demolition or removal of a nominated historic Landmark from the date
of meeting of the Historic Preservation Commission at which a nomination
form is first presented until the final disposition of the nomination
by the County Council, unless such alteration, removal or demolition
is authorized by formal resolution of the County Council as necessary
for public health, welfare or safety. In no event shall the delay
be for more than 90 calendar days.
A designation may be amended or rescinded upon petition to the
County Council and compliance with the same procedure and according
to the same criteria set forth herein for designation.
The Harford County Historic Landmarks List shall be kept on
file and available for public inspection at the Department of Planning
and Zoning.
A.
A certificate of appropriateness shall be required from the Department
of Planning and Zoning, in conjunction with the Historic Preservation
Commission, for any undertaking that:
(1)
Requires a permit from the department of inspections, licenses
and permits;
(2)
Results in a change to a Historic Landmark or to any site or
structure located within a Historic District;
(3)
Alters an exterior feature of a Historic Landmark or a site
or structure located within a Historic District;
(4)
Adversely affects the integrity of a Historic Landmark or any
site or structure located within a Historic District; or
(5)
Materially impairs the historic, archaeological, architectural
or cultural significance of a Historic Landmark or to a site or structure
within a Historic District.
B.
The Department of Inspections, Licenses and Permits shall not issue
a building or demolition permit without the applicant first obtaining
a certificate of appropriateness from the Department of Planning and
Zoning, in conjunction with the Historic Preservation Commission.
C.
Notwithstanding the above, if the Director of the Department of Inspections,
Licenses and Permits, the Director of the Department of Public Works
and the County Health Officer determine, after consultation with the
Department of Planning and Zoning, that a Historic Landmark or site
or structure located within a Historic District constitutes an immediate
danger to the health, welfare and safety of the public, the Director
of Planning and Zoning may approve the demolition or alteration of
the Historic Landmark or site or structure within a Historic District.
D.
An undertaking permitted under Subsection C shall be only to the extent necessary to remove the immediate danger constituted by the Historic Landmark or site or structure within a Historic District.
E.
Historic Landmarks that are the property of the state, shall be subject
to the requirements of this subsection in so far as possible.
F.
The director of a County department that is responsible for the maintenance
of a Historic Landmark shall submit an annual report stating the condition
of the Historic Landmark to the Director of Planning and Zoning.
(1)
Minor changes for County-owned Historic Landmarks, to resolve
safety or state law requirements, may be approved by the Department
of Planning and Zoning, upon consultation with the Department of Inspections,
Licenses and Permits.
(2)
Any demolition of a County-owned Historic Landmark shall require
approval by the Harford County Council by a vote of at least 5 members.
G.
Any Historic Landmark located within the boundaries of a municipality
are not subject to this article.
H.
Routine maintenance. A certificate of appropriateness is not required
to undertake routine maintenance to or on a Historic Landmark or a
site or structure located within a Historic District.
A.
Applications. Before beginning an undertaking for which a certificate of appropriateness is required under § 267-113 (Certificate of appropriateness required), a person shall file an application for a certificate of appropriateness with the Department of Planning and Zoning, in conjunction with the Historic Preservation Commission, on forms and in substance as may be prescribed by the Department of Planning and Zoning.
B.
Review. When reviewing applications for certificates of appropriateness,
the Historic Preservation Commission:
(1)
Shall consider only the exterior features of a Historic Landmark
or a site or structure within a Historic District;
(2)
Shall apply the design guidelines and criteria for review found in § 267-115 (Guidelines and standards for review); and
(3)
Shall consider:
(a)
The historic, archeological, architectural and cultural significance
of the Historic Landmark, or of a site or structure within a Historic
District;
(b)
The relationship between the Historic Landmark or sites or structures
within a Historic District and the historic, archeological, architectural
and cultural significance of the surrounding area;
(c)
The relationship between the exterior features of the Historic
Landmark or sites or structures within a Historic District and the
remainder of the Historic Landmark or Historic District and its surrounding
area;
(d)
The general compatibility of the proposed undertaking in design,
scale, proportion, arrangement, texture and materials; and
(e)
Any factors, including aesthetics, which the Historic Preservation
Commission deems pertinent.
A.
The Historic Preservation Commission shall use the United States
Secretary of Interior's Standards for the Treatment of Historic Properties
as a guide for reviewing applications for a certificate of appropriateness.
B.
The Department of Planning and Zoning, in conjunction with the Historic
Preservation Commission, shall prepare design guidelines and criteria
that adhere to the United States Secretary of Interior's Standards
for the Treatment of Historic Properties to implement the standards
and requirements of this article.
A.
Following its review of an application for a certificate of appropriateness,
the Historic Preservation Commission shall:
B.
Issuance of certificate of appropriateness.
(1)
Upon approval, or approval with conditions or modifications,
of an application made under this section, the Department of Planning
and Zoning, in conjunction with the Historic Preservation Commission,
shall:
(a)
File with the department of inspections, licenses and permits
a certificate of appropriateness for the proposed undertaking which
shall specify any conditions or modifications determined necessary
by the Historic Preservation Commission; and
(b)
Send written notice to the applicant of the Historic Preservation
Commission's action.
(2)
Upon denial of an application made under this section, the Historic
Preservation Commission shall:
(a)
File with the Department of Inspections, Licenses and Permits
a written notice of its denial of the proposed undertaking and of
the application for a certificate of appropriateness; and
(b)
Send written notice to the applicant of the Historic Preservation
Commission's action denying the application, which shall be accompanied
by a statement of the reasons for the denial. The Historic Preservation
Commission shall make recommendations to the applicant concerning
changes, if any, that could resolve any issues. The applicant may
resubmit an amended application or reapply for a certificate of appropriateness
that takes into consideration the recommendations of the Historic
Preservation Commission.
C.
The Department of Inspections, Licenses and Permits shall not issue a building permit for any undertaking for which the receipt of a certificate of appropriateness is required under § 267-113 (Certificate of appropriateness required), unless the Department of Inspections, Licenses and Permits has received from the Department of Planning and Zoning, in conjunction with the Historic Preservation Commission, a certificate of appropriateness for the undertaking.
Except when the Historic Landmark is County owned or operated,
the following requirements must be met:
A.
If a proposed use will be on a property that is adjacent to, or within
500 feet of, a Historic Landmark, the proposed use shall have a buffer
and landscaping in accordance with this section.
B.
The Historic Preservation Commission shall make buffer recommendations
to the Director of Planning and Zoning and shall consider the following:
(1)
The nature and extent of the proposed use, the degree of compatibility
between the proposed use and the Historic Landmark.
(2)
The extent to which the buffer yard will help to preserve the
character of the Historic Landmark.
(3)
The size of the property on which the proposed use will be located.
(4)
The distance of the proposed use from the Historic Landmark.
(5)
The size of the property on which the Historic Landmark is located.
C.
After reviewing the Historic Preservation Commission's buffer recommendation,
the Director of Planning and Zoning or his or her designee shall determine
the required width and landscaping of the buffer.
Fees, if any, shall be as established in Chapter 157 of the Harford County Code, as amended.
The County may proceed with appropriate enforcement actions, pursuant to § 267-14 (Violations and penalties).
