Saint Michaels City Zoning Code
ARTICLE V
Historic Overlay District
§ 340-31 Certificate of approval required.
[Amended 7-12-2023 by Ord. No. 541]
A.
This article and its provisions shall regulate the construction, alteration, reconstruction, moving and demolition of structures, their appurtenances, and environmental settings within the Historic Overlay District.
B.
The Historic Overlay District of St. Michaels consists of an area, as shown on the Official St. Michaels Zoning Map.
C.
Prior to the commencement of any construction, alteration, or reconstruction activities or the issuance of a building permit or a certificate of zoning compliance for any property located in the Historic Overlay District, if any exterior changes are proposed that would affect the historic, archaeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way, regardless of whether a building permit is required, a certificate of approval shall be obtained from the Historic District Commission. This requirement applies to any building, structure, premises, sign, or site being erected, constructed, built, created, reconstructed, moved, altered, added to, converted, or demolished and to an associated natural land formation and appurtenance and environmental setting within the Historic Overlay District. The Building Official may not grant a permit for any change to a site or structure in the Historic District, until the Commission has acted on the application in accordance with this article.
§ 340-32 Definitions.
In addition to the definitions outlined in Article II of this chapter, the following additional terms or words shall be interpreted as follows when applied to the Historic Overlay District:
The process of reusing a historic site or building for a purpose other than which it was built or designed.
Any change in design, material, finish, or appearance including, but not limited to, affixing lights, signs, or other features to the exterior of a structure or site or erecting a tent or other temporary structure on a site.
[Added 7-12-2023 by Ord. No. 541]
Includes paved or unpaved walkways and driveways, trees, landscaping, pastures, croplands, waterways, and rocks.
To tear down or to raze. It also includes any willful neglect in the maintenance and repair of a structure, other than the structure's appurtenances and environmental settings, is not due to a financial inability to maintain and repair the structure and threatens to result in a substantial deterioration of the exterior features of the structure.
Any willful neglect in the maintenance and repair of an individually designated landmark, or site or structure within the Historic Overlay District, 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, chimneys, roofs, doors, or windows, to create or permit a hazardous or unsafe condition to exist; or
The deterioration of the foundations, exterior walls, chimneys, roofs, 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, chimneys, roofs, doors, or windows.
A significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or development.
Guidelines for rehabilitation and new construction design for sites and structures in the Historic Overlay District that are consistent with those generally recognized by the Maryland Historical Trust and adopted by the Town upon the recommendation of the Historic District Commission.
For the Historic District Commission review, this term is defined as public streets as so labeled on the official street map of the Town as adopted by the Town Commissioners.
Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historical, archaeological, or architectural significance of the site or structure.
The location of an event of historic significance or standing or a structure or ruin that possesses historic, archaeological, or cultural significance.
A combination of material to form a stable construction, including, but not limited to, buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, bulkheads, wharves, sheds, coal bins, shelters, fences, bridges, paving, and display signs visible or intended to be visible from a public way, a natural land formation and an appurtenance and environmental setting. The structure includes a part of a structure.
§ 340-33 Powers and duties of Historic District Commission.
[Amended 2-10-2021 by Ord. No. 519; 7-12-2023 by Ord. No. 541]
B.
The Historic District Commission shall develop and recommend for approval by the Town Commissioners guidelines for the preservation, restoration, rehabilitation of existing structures and for the design of new structures on designated historic sites and in historic districts that are consistent with those of the Maryland Historical Trust.
(1)
The guidelines adopted under this subsection may include:
(a)
Design characteristics intended to meet the needs of particular types of sites, structures, and districts; and
(2)
The guidelines adopted under this subsection may provide that changes that are so minimal in nature that, in the judgment of the Historic District Commission, they do not affect historic, archaeological, or architectural significance do not require a certificate of approval.
C.
The Historic District Commission shall review and act upon any request for a certificate of approval required by this article.
D.
The Historic District Commission shall adopt rules and procedures necessary to the conduct of its affairs in keeping with the provisions of the Annotated Code of Maryland, General Provisions Article, Title 3, including rules and procedures for the conduct of public meetings and hearings.
E.
Members of the Historic District Commission shall disqualify themselves from voting on any matter in which a conflict of interest is evident or implied.
§ 340-33.1 Action upon application for certificate of approval.
[Added 7-12-2023 by Ord. No. 541]
A.
Upon receipt of any application for a development approval that requires a certificate of approval by the Historic District Commission pursuant to § 340-31C, the Building Official or Zoning Inspector, as the case may be, shall provide the property owner or the property owner's designated agent with an application for a certificate of approval.
B.
The Historic District Commission may require plans, elevations, architectural drawings, and other relevant information to aid in rendering a decision. The property owner or the property owner's agent shall submit the required application, accompanied by any such required information and any application fee imposed by the Town Commissioners, to the Building Official or Zoning Official, depending on the type of development approval sought, who shall forward the application for certificate of approval and accompanying materials to the Historic District Commission for review and action.
C.
In reviewing an application for a certificate of approval, the Historic District Commission shall consider such factors as:
(1)
The historic or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
(2)
The relationship of the exterior architectural features of the structure to the remainder of the structure and the surrounding area; and
(3)
The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used.
(4)
Any other factors, including aesthetics, that the Historic District Commission considers pertinent.
D.
The Historic District Commission shall consider only the exterior features of a structure.
E.
Failure to supply the Historic District Commission with a complete and specific description of the intended action, including architectural renderings, elevations, site plans, material lists, and other reasonable requirements of the Historic District Commission, may be grounds for denial of the application.
F.
A certificate of approval shall not be required for the planting or removal of trees, shrubs, flowers, and/or grass in a natural environmental setting on an existing improved lot. This exception does not include formal gardens or landscaped areas that change the natural lot formation.
G.
In acting upon an application for a certificate of approval, the Historic District Commission shall strictly judge plans for sites or structures it determines through research to be of historic, archaeological, or architectural significance.
(1)
The Historic District Commission shall not strictly judge plans for sites or structures of little historic, archaeological, or architectural significance or plans involving new construction, unless such plans would seriously impair the historic, archaeological, or architectural significance of the surrounding site or structures. The Historic District Commission shall document, in writing, the reasons for determining that the plans would impair the significance of the surrounding sites or structures.
(2)
If a site or structure is considered to be valuable for its historic, archaeological, or architectural significance the Historic District Commission may approve proposed construction, reconstruction, alteration, moving, or demolition, despite the fact that the changes come within the provisions of this section, if:
H.
The Historic District Commission shall attempt, in cooperation with the owner of a site or structure, to formulate an economically feasible plan to preserve the site or structure if:
(1)
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; and
(2)
The Historic District Commission considers the preservation of the site or structure to be of unusual importance to the Town, State of Maryland, or the nation.
(3)
If the Historic District Commission concludes that an economically feasible plan cannot be formulated under this section, it shall have 90 days after the date on which it determines that such a plan cannot be formulated to negotiate with the owner and other parties to find a means of preserving the site or structure.
I.
Unless the Historic District Commission is satisfied that the proposed construction, reconstruction, or alteration will not materially impair the historic, archaeological, or architectural significance of the site or structure, the Historic District Commission shall:
J.
If a site or structure is considered to be valuable for its historic, archaeological, or architectural significance, the Historic District Commission may approve proposed construction, reconstruction, alteration, moving, or demolition, despite the fact that the changes come within the provisions of this section, if:
K.
An application for substantially the same reconstruction, alteration, or demolition, if denied, shall not be resubmitted in substantially similar form within one year after the rejection.
L.
This section may not be interpreted to prevent routine maintenance or landscaping, which does not have a material effect on the historic, archaeological, or architectural significance of a designated site, structure, or district.
§ 340-34 Demolition by neglect.
A.
In the event of demolition by neglect, the Historic District Commission may request the Zoning Inspector to notify, in writing, the property owner of record, any person having a right, title or interest therein, and the occupant or another 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 problem.
B.
Before the issuance of a written notice, the Historic District Commission may request the Zoning Inspector 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 to measure the deterioration.
C.
The notice shall state that corrective action shall commence within 30 days of the receipt of said notice and be completed within a reasonable amount of time. 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 receipt of the notice, request a hearing on the necessity of the items and conditions contained in the notice. If a public hearing is requested, it shall be held by the Historic District 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 Historic District Commission determines may have an interest in the proceedings. Notice of public hearings on items of repair or maintenance necessary to correct the problem shall be as provided in as per the rules and procedures of the Historic District Commission.
D.
If, after the public hearing, the Historic District Commission determines that the corrective actions remain necessary, the Historic District Commission may request the Zoning Inspector to ensure that the owner takes 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 another responsible person, duly notified, to take corrective action specified in the final notice with the time required, such property owner or other responsible person shall be deemed to be in violation of this chapter, and the Historic District Commission may request that the Zoning Inspector institute any of the remedies and penalties provided in § 340-212.
§ 340-35 Approval by Historic District Commission.
Upon approval of an application, the Historic District Commission shall transmit a report to the Zoning Inspector stating the conditions upon which approval was granted and shall cause a historic review certificate to be issued. Final action shall be taken within 45 days after filing of the request; if not, the application shall be deemed approved, except when an agreement between the Historic District Commission and the applicant has been made for an extension of the time limit.
§ 340-36 Certificate of approval, modification, or rejection.
A.
The Historic District Commission shall file with the Zoning Inspector a certificate of the Historic District Commission's approval, approval with conditions, or modification, or written notice of rejection of an application or plan submitted to the commission for review.
B.
An applicant may not begin work on a project submitted to the Historic District Commission for review until the Historic District Commission has filed the certificate of approval, approval with conditions, or modification with the Building Inspector.
C.
The Zoning Inspector may not issue a building permit for a change or construction submitted to the Historic District Commission for review until the Zoning Inspector has received the certificate of approval, approval with conditions, or modification from the Historic District Commission.
§ 340-37 Appeal from decisions of Historic District Commission.
Any person with standing to do so may appeal a decision or determination by the Historic District Commission to the Board of Zoning Appeals according to Article XII of this chapter.
§ 340-38 Enforcement.
Enforcement and penalties under this article shall be as specified in § 340-212 of this chapter.
§ 340-38.1 Easements.
[Added 7-12-2023 by Ord. No. 541]
The Town may purchase architectural easements in connection with structures located in or adjacent to the Historic Overlay District upon the recommendation of the Historic District Commission. Any such easement shall grant to the Town, the residents of the Historic Overlay District, and the general public the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect.