A.

The intent in establishing historic districts is to safeguard and promote the history of Salisbury by preserving areas, structures and sites of cultural, social, economic, political, architectural and historical significance; to strengthen and improve the local economy by stabilizing and improving property values in these areas; to foster civic beauty; and to promote the use and preservation of these areas for the education, welfare and pleasure of the public. These areas contain numerous structures and sites representing a variety of historic and architectural periods which, once lost, cannot be replaced.

B.

The regulations within these districts are established:

1.

To protect against destruction of or encroachment upon these areas and the structures and premises therein;

2.

To encourage uses which will lead to their continuance, conservation and improvement in a manner appropriate to the preservation of a cultural, social, economic, political and archeological heritage of the city;

3.

To prevent creation of environmental influences adverse to such purposes;

4.

To assure that new structures and uses within such districts will be in keeping with the character to be preserved and enhanced.

C.

The following general regulations and historic districts are based upon this intent, which is consistent with the historic preservation goals and recommendations contained in the city's adopted metro core comprehensive plan.

(Ord. 1916 § 1 (part), 2004)

As used in this chapter, the following terms shall have the meanings indicated:

"Demolition" means and includes any willful neglect in the maintenance and repair of a structure, other than the structure's appurtenances and environmental settings, that:

1.

Does not result from a financial inability to maintain and repair the structure; and

2.

Threatens to result in a substantial deterioration of the exterior features of the structure.

"District" means a significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or physical development.

"Historic district" means an area in the city which is deemed to be of historic, archeological, or architectural significance, the boundaries of which shall be established in accordance with Section 17.52.030 of this chapter.

"Routine maintenance" means work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historic, archeological, or architectural significance of the site or structure.

"Site" means the location of an event of historic significance or a standing or ruined structure that possesses historic, archeological, or cultural significance.

"Structure" means a combination of material to form a construction that is stable.

1.

"Structure" includes buildings, stadiums, reviewing stands, platforms, stagings, 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.

2.

"Structure" also includes a natural land formation and an appurtenance and environmental setting.

3.

"Structure" includes a part of a structure.

(Ord. 1916 § 1 (part), 2004)

A.

Boundaries for historic districts shall be established by the city council in accordance with the procedure for establishment of zones set forth in chapter 17.228 of this title. Such boundaries shall be shown on the official zoning map overlaying the existing zoning. These boundaries may be changed from time to time by the city council, and it shall not be necessary to show a mistake in the original boundaries or a change in the neighborhood.

B.

The city council may also designate sites or structures deemed to be of historic, archeological or architectural significance by following the same procedures.

(Ord. 1916 § 1 (part), 2004)

A.

Before a person may construct, alter, reconstruct, move, or demolish a site or structure located within an historic district, if any exterior changes are involved which would affect the historic, archeological, or architectural significance of a site or structure, any portion of which is visible or intended to be visible from a public way, the person shall file an application with the historic district commission.

B.

An application filed under subsection A of this section shall be considered by the historic district commission and approved, modified or rejected by the commission.

C.

An applicant may not resubmit an application that is identical to a rejected application for one year after the rejection.

D.

The Housing and Community Development Department may not grant a permit for a change to a site or structure located in a district until the historic district commission has acted on the application as provided under Section 17.52.120.

(Ord. 1976 (part), 2005; Ord. 1916 § 1 (part), 2004)

(Ord. No. 2459, 10-9-2017)

This chapter may not be interpreted to prevent routine maintenance or landscaping that does not have a material effect on the historic, archeological, or architectural significance of a designated site, structure, or district.

(Ord. 1916 § 1 (part), 2004)

A historic district commission may request that the Housing and Community Development Department institute any of the remedies and penalties provided by law for any violation of an ordinance or resolution adopted under this chapter.

(Ord. 1976 (part), 2005: Ord. 1916 § 1 (part), 2004)

(Ord. No. 2459, 10-9-2017)

The historic district commission shall be appointed by the mayor, with the advice and consent of the council. Members shall be appointed for terms of three years, except that, in making initial appointments, some appointments shall be established for less than three years in order that all appointments shall not expire at the same time. Members shall be eligible for reappointment. In the event of a vacancy on the commission, the mayor and council shall make an interim appointment for the remainder of the unexpired term.

(Ord. 1916 § 1 (part), 2004)

The historic district commission shall have a membership of seven persons, all of whom are residents of the City of Salisbury, all of whom are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design and who have knowledge of and have demonstrated an interest in the preservation of historic and architectural areas of the city. The city council shall establish and publicly adopt criteria for qualifying as a member of the commission.

(Ord. 1916 § 1 (part), 2004)

A.

All meetings of the commission shall be open to the public. Any person, or his duly constituted representative, shall be entitled to appear and be heard on any matter before the commission reaches a decision.

B.

The commission shall keep a record of its proceedings and actions, which shall be on file for public view in the office of the secretary, and retained according to the file retention schedule of the city.

C.

Notice of the commission's meetings shall be given in accordance with provisions for public notice established in the historic district's rules and regulations.

D.

Four members shall constitute a quorum for all business.

(Ord. 1916 § 1 (part), 2004)

A.

The historic district commission shall have the following powers and duties in addition to any other powers and duties provided in this chapter:

1.

To review any application to construct, alter, reconstruct, move or demolish any site or structure within an historic district if any exterior changes are involved which would affect the historic, archeological, or architectural significance of the site or structure, any portion of which is visible or intended to be visible from a public way, and to approve, modify, or reject such application;

2.

To direct studies, reports, and surveys to identify historically, culturally, archeologically, or architecturally significant landmarks, sites, structures, and districts that exemplify the cultural, social, economic, political, or architectural history of the city, state or nation;

3.

To adopt and utilize in its review of applications for rehabilitation and new construction design guidelines and criteria for designated landmarks, sites, structures, and districts which are consistent with the U.S. Secretary of the Interior's Standards for the Treatment of Historic Properties, 1995. Guidelines may include design characteristics intended to meet the needs of particular types of landmarks, sites, structures, and districts, and may identify categories of changes that, because they are minimal in nature, do not affect historic, cultural, archeological, or architectural significance, and do not require review by the commission. Guidelines shall be presented to the mayor and city council for approval;

4.

To adopt rules of procedure necessary in discharging its duties, provided that said rules:

a.

Are consistent with the general regulations for historic districts,

b.

Provide for appropriate public notice to interested local groups or neighbors of various classes of applications,

c.

Permit the commission to act in an advisory fashion in advance of requests for permits in order to encourage improvements, demolition and reconstruction in ways that will enhance the historic district, and

d.

Assure that bureaucratic requirements are minimized;

5.

To appoint professional advisors.

B.

In reviewing an application and plans, an historic district commission shall give consideration to:

1.

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

2.

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

3.

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

4.

Any other factors, including aesthetic, which the commission deems to be pertinent.

C.

An historic district commission shall pass only on exterior features of a structure and shall not consider interior arrangement, nor shall it reject applications except with regard to the considerations set forth above.

D.

Strictness in Judgment of Plans; Limiting Architectural Style to One Period.

1.

The commission shall strictly judge plans for sites or structure determined by research to be of historic, archeological, or architectural significance.

2.

Unless the plans would seriously impair the historic, archeological, or architectural significance of the surrounding site or structure, the historic district commission may not strictly judge plans:

a.

For a site or structure of little historic, archeological, or architectural significance; or

b.

Involving new construction.

3.

The commission is not required to limit construction, reconstruction, or alteration to the architectural style of any one period.

E.

Special Consideration.

1.

In the case of an application for construction, reconstruction, or alteration affecting a site or the exterior appearance of a structure or for the moving or demolition of a structure, which a commission deems of unusual importance to the city or unusual importance to the entire state or nation, the commission shall attempt, with the owner of the structure, to formulate an economically feasible plan to preserve the site or structure.

2.

Unless a commission is satisfied that proposed construction, alteration, reconstruction, moving or demolition will not materially impair the historic, archeological, or architectural significance of a site or structure, the commission shall reject the application and shall file with the Housing and Community Development Department a copy of the rejection of such application.

3.

If an application is submitted for construction, reconstruction, alteration or for moving or demolition of a site or structure that a commission deems 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.

F.

Approval Under Certain Circumstances. In any case of any site or structure deemed to be valuable for its historic, archeological, or architectural significance to the neighborhood or area within which it exists, the commission may approve proposed construction, reconstruction, alteration, moving or demolition, despite the fact that the changes come within the provisions of subsection E of this section if:

1.

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

2.

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

3.

Retention of such structure would not be in the best interest of a majority of persons in the community.

G.

In any case of any structure deemed to be valuable for the period of architecture it represents and important to the neighborhood or area within which it exists, a commission may file with the Housing and Community Development Department of the city its approval of such application to demolish or alter such structure if any of the circumstances under which approval might have been given under the preceding sections are in existence and shall file approval if:

1.

Such structure is a deterrent to a major improvement program which will be of substantial benefit to the city;

2.

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

3.

Retention of such structure would not be in the best interest of the majority of the community.

(Ord. 1976 (part), 2005; Ord. 1916 § 1 (part), 2004)

(Ord. No. 2459, 10-9-2017)

A.

The City of Salisbury shall have the right to accept and use gifts for exercise of a commission's functions, provided that such gifts shall be turned over to the city treasurer and be subject to the charter and laws of the City of Salisbury.

B.

The commissions may designate the Maryland Historical Trust to make an analysis of and recommendation concerning the preservation of structures of historic, archeological or architectural significance within the city. Such report may include proposed boundaries of districts as well as identify and designate particular structures recommended to be preserved.

C.

The commission shall have the right to petition the Salisbury-Wicomico County Planning and Zoning Commission for the designation of appropriate areas as historic districts.

D.

The City of Salisbury may acquire architectural easements in connection with structures located in or adjacent to an historic district. Such easements shall grant to a commission, the residents of the historic 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.

(Ord. 1916 § 1 (part), 2004)

A.

The commission shall file with the Housing and Community Development Department its certificate of approval or rejection of all applications submitted to it for review. The commission shall set forth, in writing, its reason for approval, modification or rejection of an application.

B.

No work shall begin until such certificate shall have been filed.

C.

Every certificate of approval and any permit arising as a result thereof shall become invalid unless the work on the site authorized by such certificate of approval or permit is commenced within one year after its issuance, or if the work authorized by such certificate of approval or permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The commission is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing in justifiable cause demonstrated.

D.

In the case of rejection, such certificate shall be binding on the director of the Housing and Community Development Department, and no permit shall be issued.

E.

Failure of the commission to act within forty-five (45) days from the date an application is filed shall constitute approval unless an extension is agreed upon mutually by the applicant and the commission.

F.

No new application for the same or similar work shall be filed within one year after such rejection, except in the event of a change in such structure arising from casualty.

(Ord. 1976 (part), 2005; Ord. 1916 § 1 (part), 2004)

(Ord. No. 2459, 10-9-2017)

Any person or persons, jointly or severally, or firm or corporation or any person who is a resident and/or property owner of a district, aggrieved by a decision of the historic district commission shall have the right of appeal of that decision to the circuit court of Wicomico County.

(Ord. 1916 § 1 (part), 2004)

A.

The provisions of this chapter are severable.

B.

If any provision of this chapter is held unconstitutional by a court of competent jurisdiction, the decision of the court does not affect or impair any of the remaining provisions.

(Ord. 1916 § 1 (part), 2004)