Gaithersburg City Zoning Code

(A)

It is the purpose of this article to:

(1)

Safeguard the heritage of the city be preserving sites, structures, or districts which reflect elements of cultural, social, economic, political, archaeological, or architectural history;

(2)

Strengthen the local economy; and

(3)

Promote the preservation and appreciation of those sites, structures, and districts for the education and welfare of the residents of the city.

(Ord. No. O-5-24, 7-15-24)

The authorities, duties, and related establishment regulations for the historic district commission are provided in section 24-11.5, Historic district commission.

(Ord. No. O-5-24, 7-15-24)

(A)

A historic area work permit, pursuant to section 24-9.4, Historic area work permits, must be issued for work on a designated historic resource which would affect the historic, archaeological, architectural, and environmental significance before:

(1)

Constructing reconstructing, moving, relocating, demolishing or in any manner modifying, changing, or altering the exterior features of any designated historic district, resource, or site;

(2)

Performing any grading, excavating, constructing, or substantially modifying, changing, or altering the environmental setting of an historic district, resource, or site; or

(3)

Erecting any sign that requires the issuance of a city sign permit except for signs exempt from permits or regulation as defined under article 8, Signage Standards.

(B)

Nothing in this section shall be construed to require the issuance of a historic area work permit for any routine maintenance or repair of exterior features or any customary farming operations or landscaping or the installation of mechanical and utility equipment, which will have no material effect. For the purposes of clarification of this section, the mayor and city council, in consultation with the historic district commission, shall adopt, develop, and publish standards and guidelines for the rehabilitation and new construction at historic district, resources, or sites that are consistent with those generally recognized by the Maryland Historic Trust and that will be used by the historic district commission to review applications. In addition, these guidelines may include standards for the demolition and relocation of historic resources and interpret and decide what activities constitute routine maintenance.

(C)

Work undertaken by any public utility or cable company within any historic district shall be subject to the provisions of this article; provided, however, in lieu of obtaining an individual historic area work permit for each activity in the district, the public utility or cable company may obtain a master historic area work permit from the historic district commission. A master historic area work permit shall be valid only for one year from the date of issuance, and for each historic district in which work is to be undertaken.

(D)

Any person(s) aggrieved by any decision of the historic district commission may appeal within seventeen (17) days from the date on which the decision is made public to the city board of appeals, pursuant to the requirements of section 24-12.9, Administrative review.

(Ord. No. O-5-24, 7-15-24)

(A)

Generally. Applications for the issuance of a historic area work permit shall be filed with the city manager or designee. The application shall be in a form provided by the city and contain the property address, a description of the requested changes, a plan that shows all proposed changes, and any additional information as may be necessary for the historic district commission to evaluate and act upon such applications in accordance with the provisions of this article.

(B)

Review and public meeting. The historic district commission shall schedule and conduct a public meeting on the application, giving notice pursuant to subsection (C), below. The commission shall maintain minutes of its proceedings and a public file of all relevant correspondence, documents, and other materials on the request for the historic area work permit.

(C)

Notification requirements.

(1)

Notification of historic district commission hearings. Notifications for hearings or meetings by the historic district commission must comply with the following:

(a)

All matters that come before the historic district commission for a hearing or meeting shall be identified on the tentative meeting agenda which shall be posted on the city's website at least nine (9) days before the hearing date.

(b)

Postcards for each application type shall be mailed to all persons or entities within two hundred (200) feet of the subject property. Postcards shall be mailed at least nine (9) days prior to the date of the hearing. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

1.

Property owners;

2.

Occupants, including all residents and/or commercial tenants;

3.

Condominium associations;

4.

Homeowners' associations; and

5.

Resident managers or management company of a rental project.

(c)

Failure of any person or entity to receive such notice required by this section shall not be a basis for denial of the application.

(2)

Publication of notice. Notification of the hearing shall be published on the city's website at least nine (9) calendar days prior to the hearing date.

(3)

Posting of notice. The applicant shall erect signage indicating a "Historic District Commission" or "Historic District Commission Meeting" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(D)

Action by historic district commission.

(1)

The historic district commission must instruct the city manager or designee to:

(a)

Issue the historic area work permit;

(b)

Issue the permit subject to such conditions as are necessary to ensure conformity with the provisions and purposes of this article;

(c)

Deny the permit application; or

(d)

Defer the application.

(2)

In the event of a denial of a permit, the applicant shall receive a written notification of the reasons for such denial. An application which is identical to the denied application shall not be resubmitted within a period of one year after the denial or any appeal from such denial.

(E)

Expiration of approval. If work on an approved project has not been completed within two (2) years of the date of its issuance, or within time frames stated in the approval, the historic area work permit approval shall expire. A single, one-year extension may be granted by the historic district commission upon written request. If the extension is not approved, the historic area work permit becomes null and void upon expiration.

(F)

Miscellaneous provisions.

(1)

Properties subject to covenants or easements held by other historic preservation organizations shall submit proof of approval of review to the city by the organizations holding the easement prior to commencement of work.

(2)

Any permit issued by the city manager or designee may be subject to such conditions imposed by the historic district commission as are reasonably necessary to assure that work in accordance with the permit shall proceed and be performed in a manner not injurious to those characteristics and qualities of the historic resource which are of historical, architectural, archaeological, or cultural value.

(3)

The city manager or designee is responsible for the enforcement of this article.

(G)

Criteria for decision of historic area work permit. The historic district commission, in evaluating an application for a historic area work permit, shall consider and render its decision based on the following factors:

(1)

The preservation of the historic, archaeological, or architectural significance of the site or structure and its relationship to the historic, archaeological or architectural significance of the surrounding area;

(2)

In conformance with adopted guidelines for rehabilitation and new construction design for designated sites, structures, and districts adopted by resolution of the mayor and city council, including criteria for construction, alteration, reconstruction, moving and demolition which are consistent with the Secretary of the Interior's Standards for Rehabilitation;

(3)

The relationship of the exterior architectural features of the structure to the remainder of the structure and surrounding area;

(4)

The general compatibility of the exterior design, scale, proportion, arrangement, texture, and materials proposed to be used; and

(5)

Any other factors, including aesthetic factors, which the historic district commission deems pertinent.

(6)

In the case of an application for work on a historic resource or site, the historic district commission shall be lenient in its judgment on plans for structures of little historical or design significance or for plans involving new construction, unless such plans would seriously impair the historic or architectural significance of surrounding historic resources. The historic district commission shall be strict in its judgment of plans for historic resources or sites determined by research to be of historic, architectural, or archaeological significance.

(7)

Where the historic district commission deems a historic site or resource to be of unusual historic importance, it shall, prior to denial of a historic area work permit, attempt with the owner to formulate an economically feasible plan for its preservation. If no economically feasible plan can be formulated, the historic district commission shall have ninety (90) days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the structure. The ninety-day negotiating period may be extended only by mutual consent of all parties.

(8)

Notwithstanding anything to the contrary contained in (7) above, the historic district commission may approve a historic area work permit if the structure is a deterrent to a major improvement program of substantial benefit to the public or its retention would either cause substantial financial hardship to the owner or its retention would not be in the best interests of the citizens in the community.

(9)

The historic district commission shall consider only exterior features of a structure and shall not consider any interior features or arrangements.

(10)

Failure to adhere to or comply with the requirements or conditions of a historic area work permit or any other provisions of this article shall be grounds for revocation or suspension of the permit by the city manager or designee. In addition thereto, the penalties and actions provided for in article 15, Enforcement may be instituted against an alleged violator.

(H)

Administrative approvals—Applications.

(1)

The historic district commission may identify categories of work that may be approved by staff from the department of planning and code administration provided that the work conforms with the adopted guidelines. Applications processed administratively shall not be scheduled for hearings before the historic district commission unless a hearing is ordered by the planning director or designee.

(2)

The applicant for an administrative approval shall provide, by mail or personal delivery, written notice in a form approved by the city planning department to owners of property abutting and confronting the property that is the subject of the amendment request within two (2) business days of filing the request and shall certify the same to the planning department.

(I)

Administrative approvals—Staff authority. Staff may approve the following work items:

(1)

For contributing and noncontributing resources:

(a)

Tree removals;

(b)

Fences;

(c)

Signage; and

(d)

Sheds.

(2)

For noncontributing resources only:

(a)

Building material changes; and

(b)

Minor revisions to building elevation and site plan details that do not add onto buildings or expand footprints of previously approved buildings.

(J)

Administrative approvals—Appeals. For all administrative approvals, the decision of the planning director or designee may be appealed to the city historic district commission if filed with the planning department, in writing, within fifteen (15) days after the decision is mailed by the planning director. The historic district commission, in its discretion, may hold a public review on the decision of the planning director, or order written statements and oral argument in lieu of a public review. The historic district commission may approve, approve with modification, or disapprove the requested amendment(s) and shall state the reasons for its action in writing.

(K)

Courtesy review areas. The historic district commission must review and make recommendations to the planning commission on applications for site development plan approvals, including amendments and modifications thereto, involving the construction, reconstruction of, or additions to existing buildings or structures or demolition thereof on a site located within courtesy review areas as stated in the historic preservation master plan element. The courtesy review areas include, but are not limited to, Olde Towne Special District as defined in section 24-4.7(D) Olde Towne Special District, and the subdivisions of Observatory Height and Realty Park.

(L)

Recommendations from the historic district commission. The historic district commission shall provide such recommendations at the concept plan and final plan approval stages, or amendment to final approved plans, prior to planning commission and/or mayor and city council review. The historic district commission recommendations shall provide, where relevant, analysis and comment upon the following matters:

(1)

Architectural compatibility, including such elements as signs, masonry and architectural details, width and height of buildings and structures, roof, door and window styles, and other elements contained within the adopted guidelines;

(2)

The effect or impact upon the preservation and protection of buildings, structures or districts designated historic; and

(3)

The effect or impact upon historic appurtenances and environmental settings.

(Ord. No. O-5-24, 7-15-24)

(A)

The mayor and city council, on its own motion or by petition of either the property owners of record, the historic district commission, or the planning commission, may, after prescribed notice and public hearing, designate by resolution historic districts, historic resources, and historic sites in the city which are deemed to be of historic, archaeological, or architectural significance following the procedures specified in this article. These resources shall thereafter be subject to the provisions of this article and any rules and regulations promulgated by the historic district commission.

(B)

In considering historic resources for designation as historic districts and historic sites, the historic district commission shall apply the following criteria:

(1)

Historical and cultural significance. The historic resource:

(a)

Has character, interest, or value as part of the development, heritage or cultural characteristics of the city, county, state, or nation;

(b)

Is the site of a significant historic event;

(c)

Is identified with a person or group of persons who influenced society; or

(d)

Exemplifies the cultural, economic, social, political, or historic heritage of the city and its communities.

(2)

Architectural and design significance. The historic resource:

(a)

Embodies the distinctive characteristics of a type, period, or method of construction;

(b)

Represents the work of a master;

(c)

Possesses high artistic values; or

(d)

Represents a significant and distinguishable entity whose components may lack individual distinction.

(C)

The process for review of petitions or applications for designation of historic districts and historic sites shall include the following:

(1)

A public hearing among the mayor and city council, planning commission, and historic district commission.

(2)

The planning commission and historic district commission's recommendations, consistent with the city master plan, shall be forwarded to the mayor and city council after the public hearing prior to closing of the mayor and city council's record.

(3)

Analysis of the application by the city planning department regarding criteria listed in this section 24-9.5.

(4)

The mayor and city council shall review the application, the written staff analysis, and the recommendations of the planning commission and historic district commission. The mayor and city council shall approve or deny the designation by resolution.

(Ord. No. O-5-24, 7-15-24; Ord. No. O-06-26, 5-4-26)

Editor's note— Ord. No. O-06-26, adopted May 4, 2026, amended the title of § 24-9.5 by changing "sites" to "resources."

(A)

The mayor and city council, on its own motion or by petition of either the property owners of record, the historic district commission, or the planning commission, may, after prescribed notice and public hearing, remove designation by resolution of historic districts, historic resources, and historic sites in the city following the procedures and criteria specified in this article.

(B)

Historic districts, resources, and sites shall remain designated as historically, archaeologically, or architecturally significant unless such designation is removed by resolution of the mayor and city council. A historic designation may be removed by a super majority of the mayor and city council if the subject resource no longer meets the applicable criteria for designation. Reevaluation may include factors such as:

(1)

The resource through alteration or loss of integrity has lost its historic qualities and no longer meets the criteria for historic designation.

(2)

Removal of designation is necessary to accomplish the goals of the master plan and/or the city's strategic plan.

(3)

Removal of designation for undue economic hardships when there is no reasonable use of the property, and the hardship is not of the property owner's neglect.

(C)

Historic designation cannot be removed from an historic district, resource, or site in cases of demolition by neglect pursuant to section 24-9.8, Demolition by neglect.

(D)

The process for review of petitions or applications for designation removal of historic districts and historic sites shall include the following:

(1)

A public hearing among the mayor and city council, planning commission, and historic district commission.

(2)

The planning commission and historic district commission's recommendations, consistent with the city master plan, shall be forwarded to the mayor and city council after the public hearing prior to closing of the mayor and city council's record.

(3)

Analysis of the application by the city planning department regarding criteria listed in this section 24-9.6, Removal of designation of historic districts or sites.

(4)

The mayor and city council shall review the application, the written staff analysis, and the recommendations of the planning commission and historic district commission. The mayor and city council shall approve or deny the removal of designation by resolution.

(Ord. No. O-5-24, 7-15-24)

(A)

Applications for issuance of a demolition permit for designated and non-designated buildings and structures shall be filed with the city manager. The application shall be in a form and contain such information as may be required to provide information as shall be necessary for the historic district commission to evaluate and act upon such applicants in accordance with the provisions of this article. The historic district commission may also review a site plan, or amendment thereto, in lieu of a demolition permit application if the property is proposed for redevelopment and conduct a courtesy review, if necessary, concurrently.

(1)

The following are subject to a demolition review by the historic district commission:

(a)

A designated historic district, historic site, or historic resource.

(b)

A property that is actively being considered for historic designation.

(c)

A property that is identified in the most recently adopted version of the historic preservation element of the master plan as either a potential historic resource or a resource of note.

(B)

For each property subject to a demolition review, prior to issuance of each demolition permit, the historic district commission shall review for potential historic or architectural significance under the criteria specified in section 24-9.5, Designation of historic districts of sites. The historic district commission shall schedule and conduct a public meeting on the application, giving notice pursuant to section 24-9.4(C).

(C)

The historic district commission must instruct the city manager to:

(1)

Issue the demolition permit; or

(2)

Deny the demolition permit for designated properties if the proposal will affect the integrity of the historic district, resource, or site so that it no longer meets the criteria for historic designation, unless the applicant meets the criteria of section 24-9.9, Economic hardship; or

(3)

Withhold issuance of the demolition permit for up to six (6) months if the property has either a pending historic designation application, is under active consideration for historic designation, or meets the historic designation criteria detailed in section 24-9.5, Designation of historic districts of sites.

(D)

When the historic district commission determines the property either is under active consideration for historic designation or meets the historic designation criteria detailed under section 24-9.5, Designation of historic districts of sites, the withholding of the demolition permit is conditioned on the historic district commission filing a petition to the mayor and city council by resolution to initiate the designation within forty (40) calendar days. The mayor and city council must determine whether to accept the resolution of petition before the designation process may commence under section 24-9.5, Designation of historic districts of sites. If the mayor and city council determine not to accept the petition or resolution, the city manager can, even if a demolition permit has been withheld, issue the demolition permit immediately.

(E)

The historic district commission may withdraw its directive to the city manager if it determines that failure to grant the permit applied for will have the effect of denying the property owner all reasonable use of the property or would cause the property owner to suffer undue economic hardship pursuant to section 24-9.9, Economic hardship.

(F)

The historic district commission's decision to instruct the city manager to issue the demolition permit under subsection (C) above, following the historic district commission's review for potential historic or architectural significance under this section, expires five (5) years after the date of its issuance. A single, one-year extension may be granted by the historic district commission upon written request.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. The provisions of this section 24-9.8 shall apply in the event of a case of demolition by neglect of a historic resource.

(B)

Notice and meeting.

(1)

If a property has been designated as an historic site or resource or as part of an historic district, the city manager shall issue a written notice to all persons of record with any right, title or interest in the subject property, or the person occupying the premises, of the conditions of deterioration and shall specify the minimum items of repair or maintenance necessary to correct or prevent further deterioration. The notice shall provide that corrective action shall commence within thirty (30) days of the receipt of such notice and completed within a reasonable time thereafter. The notice shall state that the owner of record of the subject property or any person of record with any right, title or interest therein may, within ten (10) days after the receipt of such notice, request a meeting with the city manager on the necessity of the items and conditions contained in such notice. In the event a meeting is requested, it shall be held by the city manager upon written notice mailed to all persons of record with any right, title, or interest in the subject property and to the planning commission and historic district commission, and any other person that the city manager feels may have an interest in the proceedings.

(2)

After such meeting on the issue of necessity of improvements to prevent demolition by neglect, if the city manager finds that such improvements are necessary, the city manager shall issue a final notice to be mailed to the record owners and all parties of record with any right, title, and interest in the subject property, advising of the items of repair and maintenance necessary to correct or prevent further deterioration. The owners shall institute corrective action to comply with the final notice within thirty (30) days of receipt of the revised notice.

(C)

City authority to perform work. In the event the corrective action specified in the final notice is not instituted within the time allotted, the city manager may institute applicable processes required by law to allow the city to perform and complete the necessary remedial work to prevent deterioration by neglect, and the expenses, including administrative, legal, corrective and compensatory expenses, incurred by the city for such work, labor and materials shall be a lien against the property and draw interest at the same rate as delinquent property taxes, the amount to be amortized over a period of ten (10) years subject to a public sale if there is a default in payment; or, in the alternative, the city may seek equitable relief in any court of competent jurisdiction to compel such corrective action.

(Ord. No. O-5-24, 7-15-24)

(A)

In the case of a proposed demolition of a historic resource or property within a historic district, the historic district commission may consider an application for demolition if:

(1)

The site or structure is a deterrent to a major improvement program that will be of substantial benefit to the city; or

(2)

The retention of the site or structure would cause undue financial hardship to the owner.

(B)

The historic district commission may not grant any such application unless the historic district commission makes specific findings demonstrating that the standards have been met. In addition, as detailed under subsections (C) and (D), below, the historic district commission may not approve an application for demolition based in whole or part on undue economic hardship unless the historic district commission makes specific findings that:

(1)

An undue economic hardship exists; and

(2)

The historic resource cannot feasibly be relocated, restored, repaired, or rehabilitated in a manner that would allow any reasonable use of the property by the applicant or anyone else, which is not caused by the applicant's own neglect.

(C)

The historic district commission must not approve demolition of a historic resource or property within a historic district unless the property owner provides verifiable evidence and data which shows that:

(1)

Undue economic hardship exists, based on the totality of the evidence, including, but not limited to, the documents and data specified in subsection (D), below; and

(2)

The historic resource cannot feasibly be relocated, restored, repaired, or rehabilitated in any manner that would allow any reasonable use of the property by the applicant or anyone else, which is not caused by the applicant's own neglect.

(D)

An owner who seeks to demolish a historic resource must provide adequate information to demonstrate the presence of an undue economic hardship, including, but not limited to, the following:

(1)

Form of ownership of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other method;

(2)

The amount paid for the property, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the property was purchased;

(3)

Remaining balance on any mortgage or other financing secured by the property;

(4)

Estimated market value of the property, both in its current condition, and after completion of demolition and reuse of the existing structure, to be presented by an appraisal by a qualified professional expert;

(5)

A report from a licensed engineer or architect with experience in historic architecture as to the structural soundness of the structure and its suitability for reuse;

(6)

An estimate from a professional experienced as to the economic feasibility for reuse of the existing structure;

(7)

An estimate from a demolition professional as to the cost of tearing down the existing structure and removal of the debris;

(8)

The assessed value of the land and improvements most recent assessments;

(9)

Real estate taxes for the previous two (2) years;

(10)

Annual debt service, if any, for the previous two (2) years;

(11)

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with his purchase, financing, or ownership of the property;

(12)

All listing of the property for sale or rent, price asked and offers received, if any;

(13)

Any consideration by the owner as to profitable adaptive uses for the property;

(14)

For income-producing property, annual gross income from the property for the previous two (2) years;

(15)

For income-producing property, itemized operating and maintenance expenses from the previous two (2) years; and

(16)

For income-producing property, annual cash flow, if any, for the previous two (2) years.

(E)

The city may hire an outside consultant for additional reports on the property and economic hardship, including to verify or further consider any information provided by the applicant.

(Ord. No. O-5-24, 7-15-24)