The purpose of this chapter shall be to:
A. Preserve and enhance the rural historical and cultural
heritage of the Town of North Beach by preserving sites, structures, districts
or landmarks of local significance which reflect elements of cultural, social,
economic, political, archeological or architectural heritage; to strengthen
the local economy; to stabilize and improve property values of such sites,
structures or districts; to foster civic beauty; and to promote the preservation
and appreciation of such sites, structures and districts for the education
and welfare of the residents of the Town of North Beach, Calvert County, through
preservation, education and outreach activities.
B. Preserve sites, structures, districts and landmarks of
cultural, historical, archaeological or architectural significance together
with their appurtenances and environmental settings as a public purpose in
the town.
C. Enable the Town of North Beach Government to identify
and officially designate structures and sites of cultural and historical importance
to the town in order to foster public recognition of such resources, and to
make such structures and sites eligible for specific benefits conferred by
this chapter and other town ordinances and policies which may be adopted.
For the purposes of the Historic Area Zoning Article, the following
words and phrases shall have the meanings respectively ascribed to them:
ALTERATION
Any exterior change that would affect the historic, archeological
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), trees, landscaping, pastures,
croplands, waterways, open space, setbacks, parks, public spaces and rocks.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Historic Preservation Commission indicating
its approval of plans for construction, alteration, reconstruction, moving
or demolition of an individually designated landmark site or structure or
of a site or structure within a designated preservation district.
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.
B.
The deterioration of the foundations, exterior walls, roofs, chimneys,
doors or windows, the lack of adequate waterproofing, or the deterioration
of interior features which will or could result in permanent damage, injury
or loss of or loss to foundations, exterior walls, roofs, chimneys, doors,
or windows.
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 the type and style of all windows, doors, light fixtures, signs or similar
items found on or related to the exterior of an historic structure.
HISTORIC AREA WORK PERMIT
A permit issued by the Town of North Beach upon receiving a certificate
of appropriateness from the Commission for all projects that the Town of North
Beach conducts, assists, licenses or permits that affect properties within
a designated district or individually designated sites or landmarks.
HISTORIC DISTRICT
An area, designated by the Town of North Beach Town Council as provided
herein, containing significant features, woodlands, vegetation, structures,
sites, monuments, landmarks, farmland and archeological sites. The area shall
be accurately described by a metes and bounds description or a boundary survey
and posted on the Town Zoning Map. The areas shall include such property as
is essential for historical or environmental protection. Additional areas
may be included or added if determined by the Council to be of benefit or
to enhance the historic district site.
LANDMARK
Any designated site or structure either within or outside the boundaries
of a preservation district that is of exceptional historic, archeological
or architectural significance.
MINIMUM MAINTENANCE
A required protective maintenance of historic district structures
and sites. Minimum maintenance shall be interpreted to be the minimum building
codes currently enforced by the Town of North Beach.
ORDINARY MAINTENANCE:
A.
That which does not alter the exterior features of an historic site
or historic resource within an historic district. Exterior features include
the architectural style, design and general arrangement of the exterior; the
color, nature and texture of building material; and the type and style of
all windows, doors, light fixtures, signs and similar items found on or related
to the exterior of an historic site or historic resource within an historic
district. Basically, ordinary maintenance is that which will have no material
value to the Historical District. This definition of "ordinary maintenance"
applies, whenever appropriate, to the appurtenances and environmental setting
of the property, as well as the building, structure or object itself.
B.
Specific items to be considered as "ordinary maintenance":
(1)
Repair or replacement of roofs, gutters, siding, external doors and
windows, trim, lights, and other appurtenant fixtures with like materials
of like design.
(2)
Landscaping, except the removal of significant healthy trees.
(3)
Paving repair using like materials of like design.
(4)
Repainting of surfaces using the same or substantially the same color.
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 period.
SITE
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses historic, architectural, archeological
or cultural significance.
STRUCTURE
A combination of material to form construction that is stable, including
but not limited to buildings, stadiums, reviewing stands, platforms, staging,
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 implement, participate in and direct studies, reports
and surveys to identify historical, archeological or architecturally significant
sites, structures and districts that exemplify the cultural, social, economic,
political or architectural history of the town, state, or nation.
B. Consistent with the town's charter, ordinances,
resolutions, local public laws, policies and procedures regarding the acceptance
and use of gifts by public officials, to accept and use gifts for the exercise
of its functions.
C. To prescribe appropriate rules and regulations for transaction
of its business.
D. To adopt 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 all Town of North Beach town ordinances, codes, plans and/or other rules
and regulations, and 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 sites, structures and districts
and may identify categories of changes that, because they are minimal in nature,
do not affect historic, archeological or architectural significance, do not
require review by the Commission.
E. Consistent with the town's charter, ordinances,
resolutions, local public law, policies and procedures governing the acquisition
of easements, to accept or otherwise acquire historic preservation easements
on designated landmarks, structures or sites and, when deemed appropriate
by the Commission, sites or structures located in, or adjacent to, a designated
district.
F. To undertake any other action or activity necessary or
appropriate to the implementation of its powers and duties or the implementation
of the purpose of this chapter.
The Commission may designate the Maryland Historical Trust to make an
analysis of and report recommending the preservation of sites, structures
or districts of historic, archeological, architectural or cultural significance
within the Town of North Beach. 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.
Any willful violation of the provisions of this chapter (by willfully
performing or allowing to be performed any work without first obtaining a
certificate of appropriateness, failing to comply with a final notice issued
pursuant to this chapter, or disregarding a decision of the Commission will
be in violation of this chapter. A violation of this chapter shall be deemed
a Town of North Beach municipal infraction as provided by the General Ordinances
of the Town of North Beach. Each and every day that the violation continues
shall be deemed a separate offense.