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Hampstead City Zoning Code

ARTICLE V

H Historic Zoning District

§ 135-40 Purpose.

[Amended 10-14-2008 by Ord. No. 455]
The Historic Zoning District is intended to provide opportunities for the use and adaptive reuse of properties of historical significance while providing for the protection, enhancement, preservation and appropriate use of such properties. Specifically, the district is intended to:
A. 
Safeguard the heritage of Hampstead as embodied and reflected in the structures found in the district.
B. 
Stabilize and improve property values of local historic structures.
C. 
Foster civic pride in the beauty and noble accomplishments of the past.
D. 
Strengthen the economy of the Town.
E. 
Promote the use of historic structures, sites and districts for the education, pleasure and welfare of the residents of Hampstead and the surrounding community.
F. 
Maintain the Town of Hampstead’s unique, local “sense of place.”

§ 135-41 Principal permitted uses.

Principal permitted uses shall be as follows:
A. 
Churches and other places of worship.
[Amended 10-14-2008 by Ord. No. 455]
B. 
Existing dwellings listed on the Maryland Inventory of Historic Properties.
[Amended 7-13-2021 by Ord. No. 541]
C. 
Museums, visitor's centers, libraries or agricultural, cultural, civic, educational, recreational, sports, or social uses.
[Amended 7-13-2021 by Ord. No. 541]
D. 
Conversion and alteration of a building to accommodate single-family, two-family or multifamily dwelling units, provided that the requirements of Article XXI, as well as the requirements of the Health Department, are complied with.
[Amended 7-13-2021 by Ord. No. 541]
E. 
Professional, medical, and administrative offices (but not a clinic, massage parlor or hospital), and similar uses.
[Added 10-14-2008 by Ord. No. 455; amended 7-13-2021 by Ord. No. 541]
F. 
Inns, bed-and-breakfasts, dormitories, and hotels.
[Added 10-14-2008 by Ord. No. 455; amended 7-13-2021 by Ord. No. 541]
G. 
Taverns, brew pubs, food courts, fast-food restaurants and restaurants.
[Added 10-14-2008 by Ord. No. 455; amended 7-13-2021 by Ord. No. 541]
H. 
Specialty retail stores.
[Added 10-14-2008 by Ord. No. 455]
I. 
Coffee shops, tea rooms and artisan bakeries.
[Added 10-14-2008 by Ord. No. 455]
J. 
Bookstores.
[Added 10-14-2008 by Ord. No. 455]
K. 
Banks, credit unions, and financial institutions.
[Added 7-13-2021 by Ord. No. 541]
L. 
Personal services such as beauty salons, barber shops and tailors.
[Added 7-13-2021 by Ord. No. 541]
M. 
Schools and academies, including those focused on skill development or specialized training.
[Added 7-13-2021 by Ord. No. 541]
N. 
Theatrical, comedic or musical productions.
[Added 7-13-2021 by Ord. No. 541]
O. 
Day care and day camp facilities.
[Added 7-13-2021 by Ord. No. 541]
P. 
Any other retail business, service establishment or social or educational use which is determined by the Commission to be of the same general character as the above permitted retail business, service and social or educational uses.
[Added 11-8-2022 by Ord. No. 544]

§ 135-42 Conditional uses requiring Board authorization.

[Amended 10-14-2008 by Ord. No. 455; 7-13-2021 by Ord. No. 541]
Conditional uses requiring Board authorization shall be as follows:
A. 
Commercial amusements located in a building.
B. 
Radio and television production facilities.
C. 
Graphic design offices and print shops.
D. 
Law enforcement facilities.
E. 
Indoor climate-controlled self-storage facilities located within an existing principle structure, where the existing principal structure has a gross above grade area greater than 100,000 square feet. The self-storage facility cannot occupy more than 20% of the existing principle structure.
[Added 11-8-2022 by Ord. No. 544]
F. 
In granting or denying a conditional use, the Board of Zoning Appeals shall consider the potential impact on adjacent properties, the potential of the historical site to support the requested conditional use, and the capacity of public facilities including public water and sewer necessary to support the requested conditional use.
[Added 11-8-2022 by Ord. No. 544]

§ 135-43 Accessory uses. [1]

Accessory uses shall be as follows:
A. 
Those accessory uses customarily incidental and accessory to any permitted principal use or authorized conditional use and where such accessory uses do not detract from the historic nature of the property as determined by the Commission.
[1]
Editor's Note: Former § 135-43, Actions requiring approval of Planning and Zoning Commission, was repealed 7-13-2021 by Ord. No. 541. This ordinance also renumbered former §§ 135-44 through 135-47 as §§ 135-43 through 135-46, respectively.

§ 135-44 Required conditions.

[Amended 7-13-2021 by Ord. No. 541]
A. 
Any addition, renovations or alterations to the exterior of an existing structure shall preserve the historic character of the building and shall be consistent with the architecture, construction and materials of the existing structure to the extent feasible. Within the Main Street Revitalization Area, the architecture, construction and materials shall be consistent with the design guidelines in the Main Street Revitalization Plan.
B. 
Any new construction should be harmonious with the architecture, construction and materials of the existing structure to the extent feasible.
C. 
Adaptive reuse of an historic building may require submission and approval of a site plan.
D. 
Prior to the issuance of a zoning certificate for the exterior alteration or partial or full demolition of any principal structure, approval must be given by the Planning and Zoning Commission. Criteria to be considered by the Commission include, but are not limited to, physical condition of the structure and the financial hardship the retention of the structure would cause to its owner.
E. 
Prior to the issuance of a zoning certificate for the exterior alteration or partial or full demolition of any principal structure, any property listed on the Maryland Inventory of Historic Properties would also require the approval of the Carroll County Historic Preservation Commission.
F. 
Any property zoned Historic, where the principal structure on the property is fully demolished, may be rezoned to another zoning district as recommended by the Planning and Zoning Commission and approved by the Town Council.
G. 
Off-street parking shall be restricted to the rear or side yard of the lot, unless otherwise permitted by the Commission. The parking requirements shall not be interpreted to prohibit the use of existing parking.
H. 
All signage shall observe the provisions and regulations set forth in Chapter 135, Article XXII: Signs. Within the Main Street Revitalization Area, all signage shall be approved by the Commission.

§ 135-45 Height regulations.

Height regulations shall be as enumerated in § 135-65 for residential uses and § 135-116 for commercial uses. The height regulations herein shall not be interpreted to require alteration of an existing structure where such alteration would diminish the historic character of a building.

§ 135-46 Lot area, lot width and yard requirements.

[Amended 10-14-2008 by Ord. No. 455; 7-13-2021 by Ord. No. 541]
Lot area, lot width and yard requirements shall be enumerated in § 135-76 for residential uses and § 135-117 for commercial uses. The yard requirements herein shall not be interpreted to require alteration of an existing structure where such alteration would diminish the historic character of a building.