The town derives authority for this article by virtue of its conformance with provisions of the Land Use Article of the Annotated Code of Maryland Enabling Act for Historic Area Zoning.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

The preservation of sites, structures and zones of historical, archeological or architectural significance together with their appurtenances and environmental settings is a public purpose in the Town of La Plata.

B.

It is also the purpose of this article to:

1.

Preserve and enhance the quality of life and to safeguard the historical and cultural heritage of the Town of La Plata by preserving sites, structures or zones which reflect elements of cultural, social, economic, political, archeological or architectural history;

2.

Strengthen the local economy;

3.

Stabilize and improve property values of such sites, structures or zones; and

4.

Foster civic beauty;

5.

Promote preservation and appreciation of such sites, structures and zones for the education and welfare of the residents of Town of La Plata.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

The Town Council may designate boundaries for landmarks, sites, structures or zones of historic, archeological or architectural significance consistent with adopted criteria for such designation.

B.

This Historic District Commission may, after making full and proper study and after holding an advertised public hearing, recommend to the Town Council any area within the limits of the Town of La Plata for designation as a landmark, site, structure or zone of historic, archeological or architectural significance. The Commission may also recommend boundaries for such landmarks, sites, structures or zones. The recommendations shall be submitted to the Town Council for approval or disapproval.

C.

Landmark designations. The designated landmark sites in the Town of La Plata are as follows:

1.

150 Port Tobacco Road, 1.8017 acres, located in Charles County Election Zone one, grid 18, map 112, parcel 33;

2.

8 Oak Avenue, 0.29 acres, located in Charles County Election Zone one, grid 8, map 113, parcel 250;

3.

103 Oak Avenue, 0.50 acres, located in Charles County Election Zone one, grid 14, map 113, parcel 172;

4.

104 Oak Avenue, 1.82 acres, located in Charles County Election Zone one, grid 14, map 113, parcel 233;

5.

105 Oak Avenue, 0.50 acres, located in Charles County Election Zone one, grid 14, map 113, parcel 173;

6.

109 Oak Avenue, 0.50 acres, located in Charles County Election Zone one, grid 14, map 113, parcel 175;

7.

603 Wicomico Street, 0.42 acres, located in Charles County Election Zone one, grid 14, map 113, parcel 235;

8.

600 Charles Street, 0.16 acres, located in Charles County Election Zone one, grid 8, map 113, parcel 20;

9.

105 La Grange Avenue, located in Charles County Election Zone one, grid 7, map 113, parcel 102.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Except as otherwise provided by this article, the Secretary of the Interior's standards for rehabilitation, as the same from time to time may be amended, are hereby adopted as the rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, moving and demolition of designated landmarks, sites, structures and zones in the Town of La Plata.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

Before the construction, alteration, reconstruction, moving or demolition is undertaken of a designated landmark, site or structure, or site or structure within a designated zone, 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 zone, any portion of which is visible or intended to be visible from a public way, the person, individual, or 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 may not be resubmitted within a period of one (1) year after 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 paragraph 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 structure 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 on the architectural style of any one (1) period.

a.

If an application is submitted for construction reconstruction or alteration affecting a site or the exterior of a structure or for the moving or demolition of a structure, the preservation of which the Commission considers to be of unusual importance to the town, the state or the nation, the Commission shall attempt to formulate an economically feasible plan with the owner(s) of the site or structure for the preservation of the site or structure. Unless the Commission is satisfied that the proposed construction, alteration or reconstruction will not materially impair the historic, archeological or architectural significance of the site or structure, the commission shall reject the application, filing a copy of its rejection with the Chief Executive Officer.

b.

If an application is submitted for construction, reconstruction or alteration, or for the moving or demolition of a site or structures that the Commission considers to be of unusual importance and no economically feasible plan can be formulated, the 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 site or structure.

c.

In the case of a site or structure considered to be valuable for its historic, archeological or architectural significance, the Commission may approve the proposed construction, reconstruction, alteration, moving or demolition despite the provisions of section 191-77.B.4.a. of this article if:

(1)

The site of structure is a deterrent to a major improvement program which will be of substantial benefit to the town.

(2)

Retention of the site or structure would cause undue financial hardship to the owner; or

(3)

Retention of the site or structure would not be in the public interest.

C.

The Commission shall file with the Chief Executive Officer 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 certificate of approval has been filed, and the town 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 forty-five (45) days from the date the complete application was filed shall be deemed to constitute automatic approval of the proposed changes unless an extension of the forty-five (45) day period is agreed upon mutually by the applicant and the Commission or the application has been withdrawn.

D.

Nothing in this article shall be taken or construed to prevent maintenance that does not alter the exterior fabric or features of a designated landmark, site or structure or landscaping which will have no material effect on the historic, archeological or architectural significance of a designated landmark, site, structure or zone.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A.

In the event of demolition by neglect, the Commission may request the Chief Executive Officer to notify, in writing, the property owner of record, any person having a right, title or interest herein, 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 written notice, the Commission may request the Chief Executive Officer to establish a record of demolition by neglect. Such a record may include dated materials such as photographs and written reports on the condition of the property so as to record or measure the deterioration.

C.

The notice shall provide that corrective action shall commence within thirty (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 ten (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 a hearing is requested, it shall be held by the Commission upon thirty (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 Chief Executive Officer to take corrective action to comply with the final notice within thirty (30) days of the 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 Chief Executive Officer institute any of the remedies and penalties provided by law for such violations.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

The Commission may designate the Maryland Historical Trust to make an analysis of and report recommendations for the preservation of sites, structures or zones of historic, archeological, architectural or cultural significance with the town. The report may include proposed boundaries of sites, structures or zones as well as recommendations for the identification and designation of particular sites, structures or zones to be preserved.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

A decision by the Historic District Commission may be appealed to the Board of Appeals by aggrieved persons within thirty (30) days of the decision.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

Any willful violation of the provisions of this article by willfully performing or allowing any work to be performed without first obtaining a certificate of appropriateness, failing to comply with a final notice issued pursuant to this article, or disregarding a decision of the commission will be deemed a violation of this article. A violation of this article is a municipal infraction as provided in section 1-22 of this Code. Each and every day that the violation continues shall be deemed a separate offense.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)

If any provision of this article or the application thereof to any person or circumstances is held invalid for any reason, such invalidity shall not affect the other provisions or any other application of this article which can be given effect without the invalid provisions or application, and to this end, all the provisions of this article are hereby declared to be severable.

(Ord. No. 20-09, § 2, 9-28-2020, eff. 10-13-2020)