[HISTORY: Adopted by the Mayor and Town Council of the Town of North
Beach 3-15-2001 by Ord. No. 01-01. Amendments
noted where applicable.]
A.
The Mayor and Town Council of the Town of North Beach,
Maryland, derive authority for this chapter by virtue of its conformance with
provisions of the State of Maryland Enabling Act for Historic Area Zoning
(Article 66B, Section 8.01-8.17, Annotated Code of Maryland, as amended).
B.
Town of North Beach, Maryland Ordinance No. 4-96 and
Ordinance No. 12-00 are hereby repealed in their entirety and replaced with
Ordinance No. 01-01.
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:
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.
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.
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.
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:
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.
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.
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.
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.
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.
Any designated site or structure either within or outside the boundaries
of a preservation district that is of exceptional historic, archeological
or architectural significance.
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.
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.
Specific items to be considered as "ordinary maintenance":
Repair or replacement of roofs, gutters, siding, external doors and
windows, trim, lights, and other appurtenant fixtures with like materials
of like design.
Landscaping, except the removal of significant healthy trees.
Paving repair using like materials of like design.
Repainting of surfaces using the same or substantially the same color.
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.
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.
The location of an event of historic significance or a structure,
whether standing or ruined, which possesses historic, architectural, archeological
or cultural significance.
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."
A.
Creation. The Town of North Beach hereby creates a commission
to be called the "North Beach Historic Preservation Commission."
B.
Membership. The Historic Preservation Commission shall consist of seven [Note: could be more, but no fewer than five] members appointed by the Mayor with the advice and consent of the Town Council. All of the members of the Commission shall be residents of the Town of North Beach with the exception that two members may be nonresidents. Each member shall 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. Nonresident appointees to the Commission must possess professional or academic qualifications as further defined in Subsection C of this section.
[Note: desired but not required by state law.]
C.
Membership qualification criteria. The requirement 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 B of this section or active membership in a preservation-related organization. The requirement 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 requirement 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.
Terms. Commission members shall be appointed for terms
of three years, except that the terms of the initial appointments shall be
staggered so that three members shall serve terms of three years, two members
shall serve terms of two years, and two members shall serve terms of one year
so that not more than three appointments shall expire in a given year. Commission
members may be reappointed.
E.
Officers. The Commission shall elect, from its membership,
a Chairperson, Vice Chairperson and a Secretary. The Chairperson, Vice Chairperson
and Secretary shall serve for one-year terms and shall be eligible for reelection.
F.
Vacancies. Any vacancy in the membership of the Commission
caused by the expiration of a term, resignation, death, incapacity to discharge
duties, removal for cause, or any other reason, shall be filled for a new
term, or for the remainder of the term for which there is a vacancy, as the
case may be, in the same manner as provided herein for the appointment of
the initial members of the Commission. Any vacancy on the Commission shall
be filled by the appointing authority within 60 days. In the case of expiration
of term, a member may continue to serve until the member's successor
is appointed. Unexcused absence at three consecutive meetings shall constitute
resignation by the member and shall create a vacancy.
G.
Removal for cause. A member may be removed from the Commission
for cause, upon written charges, and after a public hearing, by the Mayor
with the consent and approval of the Town Council.
H.
Compensation. Commission members shall serve without
compensation, but may be reimbursed for actual expenses incurred in the performance
of their duties, provided that said expenses are permitted by the budget and
approved in advance by the Mayor.
I.
Meetings. The Commission shall hold such regular meetings
and hearings, in the North Beach Town Hall, as necessary to discharge its
duties. Four members shall constitute a quorum to conduct the town's
official business. A minimum of six regular meetings shall be held during
the calendar year, with not more than one in each calendar month. At the beginning
of a calendar year, the President of the Commission shall furnish the Town
Clerk a schedule of meetings for the year. Meetings shall be held on a specified
day of the month. It is the responsibility of the President of the Commission
to keep the Town Clerk advised of the schedule and changes to the schedule
of meetings of the Commission.
J.
Meetings open to the public. All meetings of the Commission
shall be open to the public. Four members shall constitute a quorum to conduct
the town's official business. Any interested person or his representative
is entitled to appear and be heard by the Commission before it reaches a decision
on any matter. The Commission shall keep an open record of its resolutions,
proceedings and actions, which shall be kept available for public inspection
during normal business hours. A copy of minutes, resolutions, proceedings
and actions shall be furnished to the Town Clerk to be available for public
inspection.
K.
Staff. Consistent with the Mayor's policies and
procedures, employees may be assigned to the Commission, and such services
and facilities shall be made available as the Mayor deems necessary or appropriate
for the proper performance of the Commission's duties.
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.
A.
Designation. Historic districts and landmarks shall be
designated by the Mayor and Town Council in accordance with the procedures
established by this chapter.
B.
Petition for designation or removal of designation. Petition
of designation of an historic district or landmark or removal of such designation
may be initiated by the owner of the site or his agent, by the Town Council,
by the Historic Preservation Commission or by any interested person.
C.
Criteria for designation.
(1)
In considering unclassified historic resources for designation
as a North Beach historic district or a single resource as an historic landmark,
the following criteria are to be considered:
(a)
Historic and cultural significance. The historic resource:
[1]
Has significant character, interest or value as part
of the development, heritage or cultural characteristics of the town, county,
state, or nation.
[2]
Is the site of an historic event.
[3]
Is identified with a person or a group of persons who
influenced society.
[4]
Exemplifies the cultural, economic, social, political
or historic heritage of the town.
(b)
Architectural and design significance. The historic resource:
[1]
Embodies the distinctive characteristics of a type, period,
style or method of construction.
[2]
Represents the work of a master craftsman, architect
or builder.
[3]
Possesses high artistic values.
[4]
Represents a significant and distinguishable entity whose
components may lack individual distinction.
[5]
Represents an established and familiar visual feature
of the town, due to its singular physical characteristics or landscape.
(2)
Should an historic resource meet any of the criteria
noted above, it may be eligible to be classified as an historic district or
as an historic landmark by legislative action of the Mayor and Town Council.
(3)
Should an historic district or landmark no longer meet
the above criteria and the specific criteria for which it was originally designated,
the historic district or landmark designation may be removed by legislative
action of the Mayor and Town Council after receipt of a recommendation from
the Historic Preservation Commission.
(4)
Should an historic district or landmark have received
town authorized or administered preservation grants, loans or special property
tax incentives, the Mayor and Council may require that those funds received
through grants, loans or tax incentives be reimbursed in full to the town
prior to the site being removed from the historic district or landmark designation.
D.
Procedures for petition for designation or removal.
(1)
Petitions for historic district designation or removal
of an historic district designation shall be filed with the Historic Preservation
Commission or its designated representative. The petitions concerning historic
district designation shall include a completed historic district application
form and additional information as required by the Commission or its designated
representative to enable the Commission to make a well-informed decision.
(2)
For petitions initiated by other than the owner, the
applicant must abide by the following criteria:
(a)
Notify the owner of the property at least 30 days prior
to the Historic Preservation Commission's scheduled meeting to discuss
the application.
(b)
Clearly identify the significance of the site with regard
to the town.
(c)
State the need for the site(s) to be designated an historic
district or landmark.
(d)
Demonstrate how the public interest will be served by
having the site(s) designated an historic district or landmark.
(e)
Demonstrate that the designation will not create an undue
burden or hardship.
(f)
Consider the property owner's comments and desires.
(g)
A unanimous vote of the Mayor and Council will be required
to designate the site as a town historic district.
(3)
The Historic Preservation Commission may obtain comments
from appropriate county, state and federal agencies and shall forward its
recommendation to the Mayor and Town Council for action.
(4)
The Maryland Historical Trust may be designated by the
Commission to make an analysis of and recommendation concerning the preservation
of structures of historic and architectural value within the area served by
the Commission. Such report may include proposed boundaries of districts and
the use recommended to be permitted in districts as well as identify and designate
particular structures recommended to be preserved.
(5)
The Mayor and Town Council, upon receipt of recommendations
from the Historic Preservation Commission, shall:
(6)
Upon finding that a proposed site meets the criteria of § 62-6C of this chapter and that designation is in the general interest of the citizens of North Beach, the Mayor and Town Council may designate or remove the site to be posted on or removed from the Official Town of North Beach Zoning Map.
(7)
It shall be the policy of the Town Government to carefully
consider the impact of any proposed zoning, special exception use, permitted
uses such as, but not limited to, public utility buildings and structures,
including radio and television broadcasting stations and utility distribution
lines, public buildings and structures, and public (state and county) roads
and rights-of-way; or development upon officially designated historic districts,
and, to the greatest degree practical, avoid or minimize any adverse effect.
A.
Application for certificate of appropriateness. Before
the construction, alteration, reconstruction, moving or demolition is undertaken
of a designated landmark, site or structure, or site or structure within a
designated district, if an exterior change is involved which would affect
the historic, archeological or architectural significance of a designated
landmark, site or structure, or structure within a designated district, 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 an application for a certificate of appropriateness with
the Commission for permission to construct, alter, reconstruct, move or demolish
the landmark, site or structure. Every 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 may not be resubmitted
within a period of one year after the rejection. No certificate of appropriateness
shall be granted until the Commission has acted thereon as hereinafter provided.
B.
Application review.
(1)
In reviewing applications, the Commission shall give
consideration to the historic, archeological, or architectural significance
of the landmark, site or structure and its relationship to the historic, archeological
or architectural significance of the surrounding area; the relationship of
the exterior architectural features of a landmark or structure to the remainder
of the landmark or structure and to the surrounding area; the general compatibility
of proposed exterior design, scale, proportion, arrangement, texture and materials
to the landmark, site or structure, and to the surrounding area; and any other
factors including aesthetic factors which the Commission deems to be pertinent.
(2)
The Commission shall consider only exterior features
of a landmark or structure and shall not consider any interior arrangements.
(3)
The Commission shall not disapprove an application except with respect to the several factors specified in Subsection B(1) above.
(4)
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 of plans involving new construction, unless in the Commission's
judgment such plans would seriously impair the historic, archeological or
architectural significance of surrounding sites or structures. The Commission
is not required to limit construction, reconstruction or alteration to the
architectural style of any one period.
(5)
Specific items requiring historic area work permits (whether
or not a Town of North Beach building permit is required):
(a)
Repair or replacement of roofs, gutters, siding, external
doors and windows, trim, lights, and the appurtenant fixtures, with different
materials of different design.
(b)
Removal of a building, structure or object, or a visible
portion thereof, including outbuilding.
(c)
New construction or any enlargement, modification or
alteration of the exterior of an existing building, structure or object which
requires a Town of North Beach building permit.
(d)
Removal, replacement or enclosure of porches.
(e)
Basic alteration of materials, including installation
of siding, shingles or masonry facing.
(f)
Removal of significant healthy trees.
(g)
Installation or removal of fencing or fence-walls.
(h)
Permanent installation or removal of shutters.
(i)
New paving or modification of paving materials in front
of building line.
(j)
Removal, modification or alteration of exterior architectural
features.
(k)
First-time painting, removal of paint or substantially
changing the color of paint.
(l)
Exterior sandblasting.
(m)
Any other act which does not constitute ordinary maintenance
but which modifies, alters or otherwise affects the exterior features of an
historic site or historic resource within an historic district.
(6)
Criteria for review of applications and permits for alteration to designated historic districts. In reviewing applications and permits filed under the provisions of § 62-7 of this chapter, the Commission shall give consideration to:
(a)
The historic or architectural value and significance
of the structure and its relationship to the historic value of the surrounding
area.
(b)
The relationship of the exterior architectural features
of the structure to the remainder of the structure and to the surrounding
area.
(c)
The general compatibility of exterior design, arrangement,
texture and materials proposed to be used.
(d)
Any other factors, including aesthetic and environmental
factors, which the Commission deems pertinent.
C.
Commission decision. The Commission shall file with the
Mayor a certificate of appropriateness certifying its approval, modification
or rejection of each application and plans submitted to it for review. Work
shall not be commenced on any project until such a certificate of approval
has been filed, and the Mayor shall not issue a building permit or historic
area work permit for such change or construction unless it has received such
a certificate of appropriateness. 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 upon mutually
by the applicant and the Commission or the application has been withdrawn.
D.
Routine maintenance. Nothing in this chapter shall be
taken or construed to prevent maintenance that does not alter the exterior
fabric or features of a designated landmark, site or structure, customary
farming operations, or landscaping which will have no material effect on the
historic, archeological or architectural significance of a designated landmark,
site, structure or district.
A.
In the event of demolition by neglect, the Commission
may request the Mayor to notify, in writing, the property owner of record,
any person having a right, title or interest therein, and the occupant or
other person responsible for the maintenance of the property, of the deterioration.
The notice shall specify the minimum items of repair or maintenance necessary
to correct the deterioration or prevent further deterioration.
B.
Prior to the issuance of a written notice, the Commission
may request the Mayor to establish a record of demolition by neglect. Such
a record may include dated materials such as photographs and written reports
of the condition of the property so as to record or measure the deterioration.
C.
The notice shall provide that corrective action shall
commence within 30 days of the receipt of said notice and be completed within
a reasonable time thereafter. The notice shall state that the owner of record
of the property, or any person of record with any right, title or interest
therein, may, within 10 days after the receipt of the notice, request a hearing
on the necessity of the items and conditions contained in the notice. In the
event that a public hearing is requested, it shall be held by the Commission
upon 30 days written notice being mailed to all persons of record with any
right, title or interest in the property and to all citizens and organizations
which the Commission determines may have an interest in the proceedings.
D.
If, after the public hearing, the Commission determines
that the corrective actions remain necessary, the Commission may request the
Mayor to take corrective action to comply with the final notice within 30
days of receipt of the final notice.
E.
Upon failure, neglect or refusal of the property owner
or other responsible person, duly notified, to take the corrective action
specified in the final notice within the time required, the Commission may
request that the Mayor institute any of the remedies and penalties provided
by law for such violations.
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.
A.
The rejection by the Historic Preservation Commission
of an application for a building permit under provisions of this chapter may
be appealed to the North Beach Board of Appeals by the applicant, within 30
days of the filing of the rejection by the Historic Preservation Commission
to the Town of North Beach.
B.
Any person or persons, jointly or separately aggrieved
by a decision or action of the Historic Preservation Commission, or by an
action of the Town of North Beach related thereto, who do not accept the decision
of the North Beach Board of Appeals may appeal the same to the Calvert County
Circuit Court. Such appeal shall be taken according to the Maryland Rules
as set forth in Chapter 1100, Subtitle B.
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.
