Selbyville City Zoning Code
ARTICLE XX
HD Historic District Commission
§ 200-138 Historic District Commission.
The Planning and Zoning Commission shall also be the Historic District Commission.
§ 200-139 Commission meetings.
A.
All meetings of the Commission shall be open to the public. Any person, or the person's duly constituted representative, is entitled to appear and be heard on any matter before the Commission reaches a decision.
C.
Three Commission members shall constitute a quorum, and the vote of the majority present is necessary for a decision.
D.
The Chair, or the acting Chair in the absence of the Chair, may administer oaths and compel the attendance and testimony of witnesses and the production of documents on matters relating to the business of the Commission.
§ 200-140 Certificate of approval required.
A.
A letter of approval from the Historic District Commission is mandatory before a person may undertake the construction, moving, demolition, repair or alteration of a structure in an historic district in a manner which affects the exterior appearance of the structure, if the change to the structure is visible from a public way.
B.
All other regulations of this title remain in full force and effect within the historic district, and the provisions of this article are supplementary.
§ 200-141 Certificate of approval application.
An application for a letter of approval shall be filed with the Town Clerk. Each application shall include the maps, plans and other necessary data and documents required by the Commission and shall be advertised in the manner provided in the rules.
§ 200-142 Letter of approval; review by Commission.
A.
It is the duty of the Historic District Commission to review any application to construct, alter, move, demolish or repair any structure within an historic district and to approve or review each application, if any changes are visible or intended to be visible from an adjacent public way in an historic district. The initial review, prior to review by the Commission, shall be by the Zoning Official. If the Zoning Official determines that the application meets all of the requirements of this chapter and is a minor change, the Zoning Official may approve said application and submit a report of the same to the Commission. At the same time the Zoning Official shall send notice by first class mail to neighbors of the property affected by the application who are within 100 yards of the boundaries of said property. The approval of the Zoning Official is deemed effective 10 days after such notice is mailed. Any neighbor within the notice area may appeal the decision of the Zoning Official to the Commission by filing notice of such appeal with the Town Clerk within said ten-day period. The Commission shall convene in public meeting to consider such appeal and determine whether the Zoning Official acted within his or her authority and whether the granting of approval was appropriate and not arbitrary or capricious.
[Amended 8-3-1998 by Ord. No. 78-A6]
B.
In reviewing an application and plans the Commission shall give consideration to:
(1)
The historic or architectural value or significance of the structure and its relation to the historic value of the surrounding area.
(2)
The relationship of the exterior architectural features of the structure to the rest of the structure and to the surrounding area.
(3)
The general compatibility of exterior design, arrangement, texture and materials proposed.
C.
The Commission shall pass only on exterior features of a structure and shall not consider interior arrangement; and the Commission shall not disapprove applications except in regard to the considerations set forth in Subsection B of this section.
D.
It is the intent of this article that the Commission be strict in its judgment of plans for structures deemed to be valuable. It is also the intent of this article that the Commission shall be lenient in its judgment of plans for structures of little historic value or for plans for new construction except where the plans would impair seriously the historic or architectural value of surrounding structures. It is not the intent of this article to limit new construction, alteration or repairs to any one period of architectural style.
§ 200-143 Letter of approval; issuance or denial.
A.
The Commission shall file with the building inspector its letter of approval or rejection of all applications submitted to it for review.
B.
No work shall begin until the letter has been filed.
C.
In the case of rejection, the letter shall be binding on the Building Inspector and no permit shall be issued.
D.
Failure of the Commission to act within 90 days from the date an application is filed shall constitute approval unless an extension is agreed upon mutually by the applicant and the Commission.
§ 200-144 Expiration of certificate of approval.
A.
A certificate of approval of the Commission shall expire automatically, unless extended by the Commission, if:
(1)
In the case of an application for the demolition, moving or alteration of a structure, the work has not commenced within six months and been completed within one year from the date of issuance of the certificate of approval; or
(2)
In the case of an application for the construction of a new structure, the work has not commenced within one year from the date of the certificate of approval and been completed within two years.
B.
For the purposes of this section, applications for extension of approval shall be treated and considered as new applications before the Commission.
§ 200-145 Maintenance and repair.
A.
Neither the owner of nor the person in charge of a property within an historic district of the Town of Selbyville shall permit the structure to fall into a state of disrepair which may result in the deterioration of the exterior appurtenance or architectural feature to produce or tend to produce, in the judgment of the Town Building Inspector, after consultation with the Historic District Commission, a detrimental effect upon the character of the district as a whole.
B.
Nothing in this article prevents painting, routine maintenance or repair of any structure within an historic district.
§ 200-146 Historic District architectural guidelines and planning standards for land use.
A.
Application. The provisions of this article shall apply to the construction, moving, demolition, repair or alteration of a structure in the Historic Districts which affect the exterior appearance of the structure and/or site, if the change to the structure or site is visible from a public way (street, alley, sidewalk, etc.).
B.
Purpose. Design guidelines are tools to assist property owners, design professionals and the Historic District Commission (HDC) to manage change and to protect architectural resources in the historic residential district. These guidelines do this by facilitating design which is compatible with the historic environment and by ensuring appropriate treatment for existing historic buildings and streetscapes. The HDC has adopted four broad preservation and design goals for the historic district which are listed below. Each goal is followed by brief guideline statements which identify or suggest some ways in which the goals might be met. It is not the intent of this article to limit new construction, alteration or repair to any one period of architectural style.
C.
Preface. For use as the philosophical basis for reviewing projects in the historic district, and as a source for developing specific guidelines, the HDC has adopted the following standards:
(1)
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(2)
The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4)
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5)
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(6)
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design and visual qualities.
(7)
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property.
(8)
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
D.
Goals.
(1)
Goal 1: To preserve and enhance the historic form. General guidelines:
(a)
New buildings should reinforce the historic Town plan by retaining traditional views and visual access to focal points.
(b)
New buildings on corners should preserve and reinforce the unique geometry and spatial relationships formed by these intersections.
(c)
All projects in the historic district which are visible from the street should respect and reinforce the predominant character of the district.
(2)
Goal 2: To preserve and enhance the individual historic streetscapes.
(a)
Guidelines for building design:
[1]
New buildings should relate visually to historic buildings in the immediate neighborhood, or both sides of the street for one block in both directions.
[2]
The proportions of new building facades should be compatible with the prevailing character of other historic buildings in the immediate neighborhood.
[3]
All parts of a new building facade should be visually integrated as a composition, which should relate proportionally to adjacent buildings.
[4]
Large new buildings should be designed as a series of masses or building elements compatible with the immediate neighborhood.
[5]
The eave height or cornice elevation of buildings should relate directly to the cornice or eave height of adjacent buildings.
[6]
The height and bulk of new buildings should be compatible with neighboring buildings.
[7]
Roof forms and roof slopes on new buildings or additions should relate to the roof forms and slopes on neighboring historic buildings.
[8]
Additions to existing buildings should be designed to be subordinate to the main part of the building in terms of massing, height, scale and detail.
[9]
Replacement of missing historic elements should be based upon physical, documentary or pictorial evidence.
(b)
Guidelines for site design:
[1]
The prevailing building setback line should be preserved.
[2]
The prevailing relationships of building widths and the spaces between buildings should be respected and preserved.
[3]
New construction should incorporate traditional elements which give scale to the streetscape, such as porches or stoops, when they are present on adjacent historic buildings.
[4]
New driveways, garages and surface parking areas should be concealed from the street by their location or by screening with architectural or landscape features.
(3)
Goal 3: To facilitate compatible landscape and site design. Guidelines:
(a)
Landscape materials and design should be appropriate for the streetscape as well as for the specific building and site.
(b)
Fences for sites with existing buildings should relate to the architectural style of the buildings.
(c)
Fences for sites with new buildings should relate to the building design and should be compatible with existing fences in the surrounding area.
(d)
Sidewalk materials and paving patterns should be compatible with materials and approved patterns used in the historic district.
(e)
Landscape plant materials should relate in size and scale with the building and spaces around the planting area on the site.
(f)
Planters should relate in size, scale and detail to their site.
(g)
Retaining walls should be built with traditional masonry materials and methods.
(h)
Full accessibility for the mobility impaired should be achieved without compromise to historic materials or to character defining elements of historic buildings and sites.
(4)
Goal 4: To preserve and protect historic buildings, materials and elements:
(a)
General preservation guidelines:
[1]
Distinguishing original and historic features and qualities of historic buildings and their site should be preserved.
[2]
Significant changes to historic buildings and their sites which have evolved over time should be preserved.
[3]
Distinctive stylistic features of historic buildings should be preserved.
[4]
Examples of skilled craftsmanship and material finishing techniques should be preserved in place.
[5]
Deteriorated historic material and architectural elements should be repaired rather than replaced.
[6]
Missing pieces or elements of historic building features which cannot be repaired should be replaced.
[7]
Exterior colors for buildings should relate to the building design and materials used, and should be compatible with neighboring areas.
(b)
Guidelines for preserving and protecting historic roof systems:
[1]
Historic roof systems and original elements should be preserved, including the basic roof shape and slope, finish materials, dormers, chimneys, decorative elements and historic drainage and flashing techniques.
[2]
New or replacement roofing materials should be compatible with traditional materials and techniques.
[3]
Roofing materials used on additions to historic buildings should be compatible with the materials and color used on the existing structure.
[4]
Roofing for new buildings should relate to the design of the buildings and should be compatible with the prevailing roofing material in the immediate area.
[5]
New dormers should be compatible in size, scale, proportion, placement and detail with the historic gable and shed dormers found in the historic district.
[6]
Small skylights with a low profile may be permitted on roof surfaces not visible from a public right-of-way.
(c)
Guidelines for preserving and protecting historic windows and doors:
[1]
Windows and doors in addition to historic buildings should relate to the scale and proportion of original openings in the existing building.
[2]
Windows and doors in new buildings should relate to the scale and proportion of openings on buildings in the immediate area and to the design of the new building.
[3]
New openings in historic walls are discouraged by the HDC.
[4]
Windows clad in vinyl or aluminum are permitted by the HDC.
[5]
Removable or snap-in window mountings are permitted by the HDC.
[6]
Historic shutters, blinds and hardware should be preserved in-place or replaced.
(d)
Guidelines for preserving and protecting historic exterior features and materials:
[1]
Historic brick and stone masonry and historic joint treatments and materials should be preserved in place.
[2]
Siding materials on additions to historic buildings should complement the proportions and scale of the existing building.
[3]
Siding on new buildings should complement and relate to the traditional siding used in the immediate neighborhood.
[4]
Historic porches and stoops should be preserved in place.
[5]
Historic ornamental metalwork should be preserved in place.
(e)
Guidelines for storefronts:
[1]
Historic storefronts should be preserved.
[2]
New storefronts in existing commercial buildings should be based upon historic precedent and documentation for the building and site.
[3]
Storefronts in new buildings should be compatible in scale, proportion, detailing and design with adjacent buildings and with the immediate neighborhood.
[4]
Awnings should be compatible with the forms, scale, and proportions of the architectural elements and facade of the building.
[5]
Signs should be compatible with the scale, proportions, form and architectural detailing of the building to which they are applied.
[6]
The character and quality of exterior lighting patterns should be simple and in scale with buildings and spaces served, and fixtures should be located in traditional ways or should be in visually unobtrusive areas.
[7]
Reproduction lighting fixtures should be historically accurate and compatible with the period of the historic building to which they are attached.
[8]
New lighting fixtures should be simple in form and detail and should be compatible with the scale and proportions of the building to which they are attached.
[9]
All equipment and building connections for public utilities such as power, gas, telephone and television cables should be designed and located in ways which protect historic materials and visual quality of the historic district.
[10]
Building address numerals should be simple in design, appropriate in scale to their locations, and mounted in a manner which will not damage historic materials.