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Zoning Ordinance of Laytonsville
Table of Contents
Section 105.
AGRICULTURAL ZONE
Section
105.01 Purpose and Intent:
Section
105.02 Permitted Uses:
Section
105.03 Special Exception Uses:
Section
105.04 Lot Size Requirements: (Adopted November 2, 2004)
Section
105.05 Cluster Option:
Section
105.06 Bulk Regulations:
Section
105.07 Maximum Density:
Section 106.
R1 RESIDENTIAL - ONE ACRE
Section
106.01 Purpose and Intent:
Section
106.02 Permitted Uses:
Section
106.03 Special Exception Uses:
Section
106.04 Lot Size Requirements:
Section
106.05 Cluster Option:
Section
106.06 Bulk Regulations:
Section
106.07 Maximum Density:
Section 107.
R2 RESIDENTIAL ONE-HALF ACRE
Section
107.01 Purpose and Intent:
Section
107.02 Permitted Uses:
Section
107.03 Special Exception Uses:
Section
107.04 Lot Size Requirements:
Section
107.05 Cluster Option:
Section
107.06 Bulk Regulations:
Section
107.07 Maximum Density:
Section 108.
R3 Residential Two Acres
Section
108.01 Purpose and Intent:
Section
108.02 Permitted Uses:
Section
108.03 Special Exception Uses:
Section
108.04 Lot Size Requirements:
Section
108.05 Cluster Option:
Section
108.06 Bulk Regulations:
Section
108.07 Maximum Density:
Section
108.09 Accessory Structures:
Section 109.
RH-Residential Historic
Section
109.01 Purpose and Intent:
Section
109.02 Permitted Uses:
Section
109.03 Special Exception Uses:
Section
109.04 Lot Size Requirements:
Section 109.05
Cluster Option:
Section
109.06 Bulk Regulations:
Section
109.07 Maximum Density:
Section
109.09 Historic District Restrictions:
Section
110.01 Purpose and Intent:
Section
110.02 Permitted Uses (Amended February 3, 2009):
Section
110.03 Special Exception Uses (Amended February 3, 2009):
Section
110.04 Lot Size Requirements:
Section
110.05 Cluster Option:
Section
110.06 Bulk Regulations:
Section
110.07 Maximum Density:
Section 111.
CH - COMMERCIAL HISTORIC
Section
111.01 Purpose and Intent:
Section
111.02 Permitted Uses:
Section
111.03 Special Exception Uses:
Section
111.04 Lot Size Requirements:
Section
111.05 Cluster Option:
Section
111.06 Bulk Regulations:
Section
111.07 Maximum Density:
Section
111.09 Historic District Restrictions:
Section 112.
CLUSTER APPLICATION
Section 113.
APPROVAL OR DENIAL OF CLUSTER APPLICATION
Section 114.
OFF-STREET PARKING REQUIREMENTS
Section
114.01 General Provisions:
Section
114.03 Construction Standards:
Section 115.
EXTENSIONS, PROJECTIONS, AND ACCESSORY USES
Section
116.01 Created; Composition; Appointment and Removal of Members; Compensation:
Section
116.02 Rules, Meetings, Oaths, Witnesses, Records, Conflicts:
Section
116.03 Powers, Duties and Functions:
Section
116.04 Decision of Board, Appeals from Board Decisions:
Section 118.
SPECIAL EXCEPTIONS
Section 119.
APPLICATIONS FOR VARIANCES AND SPECIAL EXCEPTIONS
Section 120. NOTICE OF HEARING FOR
VARIANCES AND SPECIAL EXCEPTIONS
Section 121. POSTING OF SIGN FOR
VARIANCES AND SPECIAL EXCEPTIONS
Section 122.
APPLICATIONS FOR RECLASSIFICATION
Section 123.
NOTICE OF HEARING ON RECLASSIFICATION..
Section 124.
POSTING OF SIGN OF HEARING ON RECLASSIFICATION
Section 127.
PRESERVATION OF HISTORIC RESOURCES
Section
127.01 Purpose and Intent:
Section
127.03 Creation, Powers and Duties of Historic District Commission:
Section
127.04 Designation of Historic Districts and Historic Sites; Criteria:
Section
127.05 Historic Area Work Permit; When Required:
Section
127.06 Historic Area Work Permit; Application Procedure:
Section
127.07 Historic Area Work Permits; Criteria for Decision:
Section
127.08 Demolition by Neglect:
Section
127.09 Moratorium on Alteration or Demolition:
Section 127.10
Violations and Penalties:
Section
128.01 Statement of Purpose:
Section
128.04 Signs Permitted in all zones:
Section
128.05 Signs in Commercial, Commercial Historic and Agricultural Zones:
Section
128.06 Signs on property in the R1, R2, R3 and RH Zones:
Section
128.07 Nonconforming signs:
Section
128.08 Permits; authorization; removal; abandonment and maintenance:
Section
128.09 Violations; Enforcement:
Section
128.10 Enforcement Proceedings:
Section
128.12 Sign variances:
Section 130.
NON-CONFORMING USES
Section 131.
TRANSITORY PROVISIONS
Section 132.
VIOLATIONS AND PENALTIES
This Ordinance shall apply to all real property in the
The Town is hereby divided into the following zones:
(a) Agricultural
(b) R1 - Residential One Acre
(c) R2 -
Residential One-Half
(d) R3 – Residential Two Acres
(e) RH - Residential Historic
(f) C1 - Commercial
(g) CH - Commercial Historic
The regulations of this Ordinance constitute the text of the
Zoning Ordinance of the
The Zoning Map entitled "Zoning Map of
The following words and terms shall have the meanings hereinafter stated unless the context or other provisions of this Zoning Ordinance clearly indicates otherwise:
(a) "Accessory Use or Structure": A subordinate use or structure located on the same lot as the primary use and serving a purpose incidental to the primary use
(b) "Automobile Service Station": Land, buildings, and other structures which are used to dispense motor vehicle fuels, oils, and accessories at retail, where repair service is strictly incidental, where vehicles are not stored, sold, or rented, and parking space is not rented
(c)"Automotive Repair Facilities": Land, buildings, and other structures which are used for motor vehicle repair and service, excluding, however, "junk" and "auto wrecking". The term "junk" includes old or scrap copper, glass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel, and other old or scrap material. The term "auto wrecking" includes an establishment or place which is maintained, operated, or used for storing, keeping, dismantling, buying, or selling wrecked, scrapped, or dismantled motor vehicles or motor vehicle parts.
(d) “Building
height”: The building height is the
vertical distance measured from the average elevation of the finished grades
along the front of the building to the mean height level between the eaves and
ridge of a gable, hip, mansard, or gambrel roof, or the highest point of a flat
roof. However, for the purposes of
determining building height, at no point must the finished grade be higher than
the pre-development grade. The
pre-development grade is the grade that existed at the time of application for
a building or demolition permit, or the grade necessary to implement an
approved subdivision plan. Determination
of grade is by examination of the contour lines on the property as they extend
to the adjoining properties and to the street.
(Adopted
(e) "Church and
Religious Institutions": A
building, structure or land together with its accessory buildings, structures,
land and uses where persons regularly assemble for religious worship, or
religious education and which building, structure or land, together with
accessory buildings and uses is maintained and controlled by a religious body
or leader organized to sustain or promote public worship. This definition and
use includes religious schools and places for ritual ceremonies of a religious
nature. (Adopted
(f) “Contributing
Resource”: A property or
improvements that upon investigation is considered to have significant
historical or architectural contributions or attributes of local, state or
federal significance. (Amended
(g) "Floor Area of Building": The total number of square feet of floor area in a building, excluding cellar, uncovered steps, and uncovered porches, but including the total floor area of accessory buildings on the same lot. All measurements are to be made horizontally between interior faces of walls.
(h) "Floor Area Ratio": The figure which is equal to the total gross floor area as a multiple of the area of the lot. Said figure is determined by dividing the gross floor area of all buildings on the lot by the area of the lot.
(i) "Half-acre": 20,000 square feet shall be deemed to be a half-acre.
(j) "Home Occupation": An occupation which meets all of the following requirements:
1. It provides a service or product conducted within a dwelling by a resident or residents thereof;
2. Not more than two (2) non-resident assistants are engaged or employed in the same occupation;
3. No modification of
the exterior of the premises shall be made to accommodate the occupation except
as a condition specified by the by the
4. The occupation uses no equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference detectable beyond the walls of the premises;
5. The keeping, sale, or treatment of animals, birds, pets, or other living creatures is not included;
6. No equipment or facilities are used other than :
(a) office equipment such as a typewriter, word processor, calculator, or personal computer;
(b) arts and crafts equipment such as a hand loom, spinning wheel, potters wheel, kiln, woodworking tools, paints, easels, sculpturing equipment, or sewing machines; and
(c) equipment or facilities ordinarily used for domestic and household purposes;
7. No goods or equipment used in the occupation are stored outside the building.
(k) "Personal Service Establishments": Includes barber and beauty shops, tailors, laundries, shoe repair, and dry cleaning, provided only non-explosive and non-flammable solvents are used and no work is done on the premises for retail outlets elsewhere.
(l) "Professional and Business Offices": Include real estate, insurance, and other business offices, and the offices of architects, clerks, engineers, attorneys, physicians, dentists, and other recognized professions, not including, however, the boarding or treatment of horses, dogs, cats, or other animals.
(m) "Public Benefit Organizations": Includes community centers, libraries, art galleries, museums, and charitable and eleemosynary organizations.
(n) "Public
Use": A use operated by the
State of
(o) “Resident”: Any person who occupies a dwelling within the
Town, for a period of time in excess of thirty (30) consecutive days and their
presence is other than transitory in nature.
(Amended
(p) "Restaurants": Includes all places for the sale and consumption of food and beverages, excluding, however, places providing dancing or theater entertainment.
(q) "Single-family Dwelling": A detached dwelling designed and used as a residence by one (1) family.
(r) “Self Storage Facilities”: means a
commercial building, part of a building or land for hire used for storage of
documents, furnishings and equipment, personal effects and similar personal
property which is not intended to be processed, sold, leased or otherwise used
in the conduct of a business or commercial venture and where access is to such
building, part of a building or land is afforded directly to the tenant or
lessee. (Amended
(s) “Storage Pods”: means a fully enclosed
structure or container used for the temporary storage of personal property or
commercial goods or equipment which is leased or rented. (Amended
(t) “Warehouse and Storage Facilities”: A building, part of a building or land for
storing documents, equipment, wares, merchandise and personal effects whether
for the owner of the facility or others where access to such building is
afforded only to the owner of such facility.
Warehouse and storage facilities shall not include self storage facilities
as defined in Sec. 104 (r). (Amended
To provide a zone for agricultural and farming uses including plant nurseries, with standards which provide for the conservation of these areas and recognize the difference between agricultural uses and more urban residential uses.
(a) Agriculture, including the raising of crops, livestock and plant material;
(b) Plant nursery and/or garden center
(c) Single-family dwelling
(d) Public uses
(e) Roadside stands, markets, and stands for sale of farm products
(f) Accessory uses and structures which may include not more than two (2) tenant houses for each twenty-five (25) acres.
(a) Utility transmission facilities
(b) Home occupation
(a) Minimum lot area: 25 acres except under the following conditions:
The lot was annexed to the Town after July 1, 2004; and contains an existing residential dwelling which has been designated as an historic resource subject to the Town’s historic preservation ordinance and any applicable regulations; and
The minimum lot area shall not be less than the environmental setting established by the Mayor and Town Council.
(b) Minimum lot width: 200 feet, except that for lots established pursuant to Section 105.04 (a) 1. and (a) 2., the lot width shall be not less than 30 feet at the right-of-way line and not less than 200 feet at the front building line.
Cluster option is not available in this Zone
(a) Maximum building height:
1. Single-family
dwelling: 35 feet. The building height
is the vertical distance measure from the average elevation of the finished
grades along the front of the building to the mean height level between the
eaves and ridge of a gable, hip, mansard, or gambrel roof, or the highest point
of a flat roof. However, for the
purposes of determining building height, at no point must the finished grade be
higher than the pre-development grade.
The pre-development grade is the grade that existed at the time of
application for a building or demolition permit, or the grade necessary to
implement an approved subdivision plan.
Determination of grade is by examination of the contour lines on the
property as they extend to the adjoining properties and to the street. (Adopted
2. All other structures: 60 feet
(b) Minimum yard requirements:
1. For single-family dwellings:
Front yard: 60 feet
Side yard: 50 feet
Rear yard: 50 feet
2. For all other structures:
Front yard: 60 feet
Side yard: 25 feet
Rear yard: 25 feet
One (1) dwelling unit per twenty-five (25) acres.
To provide for single-family detached dwellings at a density not to exceed one (1) dwelling unit per acre and to allow certain other uses which are compatible with the low density residential character of this Zone.
(a) Single-family dwelling
(b) Churches
(c) Public uses
(d) Agriculture
(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses
(b) Indoor and/or outdoor recreation uses
(c) Funeral home
(d) Home occupation
(e) Utility transmission facilities
(f) Private clubs
(g) Private schools
(h) Public benefit organizations
(a) Minimum lot area:
Conventional lot: 40,000 square feet
Cluster lot: 30,000 square feet
(b) Minimum lot width:
Conventional lot: Minimum lot width of a conventional lot shall be 150 feet at the front building line, and 40 feet at the right-of-way line.
Cluster lot: 100 feet at the front building line, and 30 feet at the right-of-way line.
Cluster option may be permitted in this Zone subject to the provision of Sec. 112 hereof.
(a) Maximum building height:
1.
Single-family dwelling: 35 feet. The building height is the vertical distance
measure from the average elevation of the finished grades along the front of
the building to the mean height level between the eaves and ridge of a gable,
hip, mansard, or gambrel roof, or the highest point of a flat roof. However, for the purposes of determining
building height, at no point must the finished grade be higher than the
pre-development grade. The
pre-development grade is the grade that existed at the time of application for
a building or demolition permit, or the grade necessary to implement an
approved subdivision plan. Determination
of grade is by examination of the contour lines on the property as they extend
to the adjoining properties and to the street. (Adopted
2. All other structures: 40 feet
(b) Minimum yard requirements:
1. Conventional lot:
Front yard 40 feet
Side yard 20 feet
Rear yard 25 feet
2. Cluster lot:
Front yard 30 feet
Side yard 15 feet
Rear yard 15 feet
Accessory structures may be located in a side yard or the rear yard closer than specified above, but not within five (5) feet of an adjoining property line.
One (1) dwelling unit per acre
In cluster subdivisions, a minimum of 20% of the gross area shall be open space.
To provide for single-family detached dwellings at a density not to exceed one (1) dwelling unit per one-half acre and to allow certain other uses as special exceptions when they are compatible with the low density residential character of the Zone.
(a) Single-family dwelling
(b) Churches
(c) Public Uses
(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses
(b) Indoor and/or outdoor recreation area
(c) Home occupation
(d) Utility transmission facilities
(e) Private clubs
(f) Public benefit organizations
(a) Minimum lot area: 20,000 square feet
(b) Minimum lot width: 100 feet at the front building line, and 30 feet at the right-of-way line
Cluster option is not permitted in this Zone
(a) Maximum building height:
1.
Single-family dwelling: 35 feet. The building height is the vertical distance
measure from the average elevation of the finished grades along the front of
the building to the mean height level between the eaves and ridge of a gable,
hip, mansard, or gambrel roof, or the highest point of a flat roof. However, for the purposes of determining
building height, at no point must the finished grade be higher than the
pre-development grade. The
pre-development grade is the grade that existed at the time of application for
a building or demolition permit, or the grade necessary to implement an
approved subdivision plan. Determination
of grade is by examination of the contour lines on the property as they extend
to the adjoining properties and to the street. (Adopted
2. All other structures: 40 feet.
(b) Minimum yard requirements:
1. Single-family dwelling:
Front yard 35 feet
Side yard 15 feet
Rear yard 15 feet
Accessory structures may be located in a side or rear yard closer than specified above, but not within five (5) feet of an adjoining property line.
One (1) Single-family dwelling unit per half acre.
(Adopted
To provide for single-family detached dwellings at a density not to exceed one (1) dwelling unit per two acres.
(a) Single family dwelling
(b) Public use
(c) Agriculture
(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses
(b) Indoor and/or outdoor recreation uses
(c) Funeral home
(d) Home occupation
(e) Churches and other places of worship
(f) Private educational institutions
(g) Private clubs
(h) Public utility and telecommunications facilities and structures, except overhead electric transmission lines in excess of 69,000 volts.
(i) Fences over 4 feet in height
(a) Minimum lot area:
Conventional lot: 80,000 square feet
Cluster lot: 35,000 square feet
(b) Minimum conventional lot width:
At the right-of-way line: 30 feet
At the front building line: 150 feet
(c) Minimum cluster lot width:
At the right-of-way line: 25 feet
At the front building line: 125 feet
Cluster option may be permitted in this Zone subject to the provision of Section 112 of the Zoning Ordinance.
The purpose and intent is to provide flexibility in lot size and configuration to preserve and protect rural and scenic open spaces and environmentally sensitive areas, particularly those in the Town’s Master Plan.
(a) Maximum building height:
1.
Single-family
dwelling: 35 feet. The building height is
the vertical distance measure from the average elevation of the finished grades
along the front of the building to the mean height level between the eaves and
ridge of a gable, hip, mansard, or gambrel roof, or the highest point of a flat
roof. However, for the purposes of
determining building height, at no point must the finished grade be higher than
the pre-development grade. The
pre-development grade is the grade that existed at the time of application for
a building or demolition permit, or the grade necessary to implement an
approved subdivision plan. Determination
of grade is by examination of the contour lines on the property as they extend
to the adjoining properties and to the street. (Adopted
2. All other structures: 40 feet.
(b) Minimum yard requirements:
1. Conventional lot:
Front yard - 50 feet
Side yard - Total of 50 feet minimum, 15 feet on one side
Rear yard - 35 feet
2. Cluster lot:
Front yard - 40 feet
Side yard - Total 40 feet, minimum 15 feet
Rear yard - 35 feet
One (1) dwelling unit per two (2) acres of gross land area.
In a subdivision of land in the two acre cluster zone, a minimum of 20% of the gross land area shall be open space. Open space shall be defined as a contiguous unoccupied area of land associated with or located on the same tract of land as any building or group of buildings to provide light and air or utilized for scenic, environmental, recreational or similar purposes. Such areas may include lawns, planting and forested areas, recreational areas, ponds and watercourses, but generally does not include parking lots or driveway surfaces.
Open space areas associated with residential development shall be owned and maintained by a homeowners association or condominium association unless otherwise designated for public dedication at the time of subdivision approval.
Enclosed accessory structures may be located only in a side yard or the rear yard but not less than ten (10) feet from an adjoining property line. Accessory structures, except fences, which are not enclosed may be located in any side or rear yard area but not less than five (5) feet from an adjoining property line. Fences four (4) feet or less in height shall have no setback restriction and fences greater than four (4) feet in height shall be allowed only by approval of a special exception.
The purpose and intent of this zone is to provide for single-family detached dwellings at a density not to exceed one (1) dwelling unit per half acre and to allow certain other uses of a commercial nature when they are compatible with the low density character of the zone and the historic and architectural structures therein.
(a) Single-family dwelling
(b) Public uses
(c) Funeral home
(d) Agriculture
The following uses may be permitted as special exceptions provided that they are conducted or operated within a dwelling or accessory structure by a resident or residents thereof:
(a) Professional and business offices
(b) Antique store
(c) Crafts store
(d) Artist studio
(e) Home occupation
(f) Tea room or small restaurant
(g) Interior decorating service and display
The following uses may be permitted as special exceptions, regardless of whether they are conducted by a resident or residents:
(a) Fire Dep't and/or Rescue Squad
(b) Public Benefit Organization
A special exception granted to a Fire Dep't and/or Rescue Squad may include the right to use and maintain the following:
(a) Monopole, freestanding, not exceeding one hundred fifty (150) feet in height, used to support
Fire Dep't, Rescue Squad or public safety communications antenna.
(b) Cellular (mobile) telephone antenna and not more than one equipment building per telecommunications carrier located on the monopole, subject to the following:
(1) The antennae are attached to an existing Fire Dep't, Rescue Squad or public safety communications structure;
(2) The total gross floor area for all equipment buildings is a maximum of 750 square feet and no equipment building itself shall exceed 12 feet in height; (Text Amendment September 23, 1998)
(3) The antennae and equipment buildings shall provide communications services for Fire Dep't, Rescue Squad, or public safety entities and the general public; provided that the design and construction of said Monopole and any changes thereof are subject to approval of the Historic District Commission of Laytonsville.
A special exception for a Monopole shall expire at the end of two years, and may be renewed:
(a) upon application filed pursuant to Secs. 118 et seq. hereof; or
(b) without a hearing, upon affidavit by the user, and a
finding by the
(Section above starting at the conclusion of (g) was adopted May 3, 1994)
(a) Minimum lot area: 20,000 square feet
(b) Minimum lot width: 100 feet
(c) Exception: Lots which were established by plat or deed recorded prior to the adoption of this Ordinance shall be exempt from the lot size requirements set forth in (a) and (b) above.
Cluster option is not permitted in this Zone
(a) Maximum building height:
1.
Single-family dwelling: 35 feet. The building height is the vertical distance
measure from the average elevation of the finished grades along the front of
the building to the mean height level between the eaves and ridge of a gable,
hip, mansard, or gambrel roof, or the highest point of a flat roof. However, for the purposes of determining
building height, at no point must the finished grade be higher than the
pre-development grade. The
pre-development grade is the grade that existed at the time of application for
a building or demolition permit, or the grade necessary to implement an
approved subdivision plan. Determination
of grade is by examination of the contour lines on the property as they extend
to the adjoining properties and to the street. (Adopted
2. All other structures: 40 feet.
(b) Minimum yard requirements:
Front yard: 25 feet
Side yard: 15 feet
Rear yard: 25 feet
Accessory structures may be located in a side yard or rear yard closer than specified above, but not within five (5) feet of an adjoining property line.
One (1) single-family dwelling unit per half acre or two (2) dwelling units per acre.
There is not a provision for Open Space in this Zone.
All buildings and structures in this Zone are also subject to the Historic Area Zoning Ordinance and the authority of the Historic District Commission thereunder.
The purpose and intent of this Zone is to provide a zone for the sale of goods and services.
(a.) Ambulance and rescue squads
(b) Antique shops
(c) Artist studio
(d) Banks and other financial institutions
(e) Child care facilities
(f) Churches
(g) Commercial establishments devoted to sales, service, trade, and/or merchandising
(h) Country inn
(i) Craft shop
(j) Food and beverage stores
(k) Fire stations
(l) Funeral homes
(m) Health clubs
(n) Hospitals
(o) Hotels, motels, rooming and boarding houses
(p) Interior design and decorating services and displays
(q) Medical and/or dental care facilities
(r) Museums, galleries and similar uses
(s) Nursing and care homes
(t) Personal service establishments
(u) Private clubs
(v) Private schools
(w) Professional, real estate and other business offices
(x) Public benefit organizations
(y) Public uses
(z) Recreational facilities
(aa) Repair service establishments
(bb) Restaurants and tea rooms containing not more than 1,000 square feet of patron area
(cc) Theatres
(a) Agricultural uses including raising crops, livestock and plant material
(b) Automobile service stations
(c) Automotive repair facilities
(d) Community facilities such as swimming and racquet clubs and similar uses
(e) Home occupation
(f) Lawn and landscaping services
(g) Plant nursery and/or garden center
(h) Roadside stand and markets for sale of farm products
(i) Veterinary clinics and hospitals
(a) Minimum lot area: 20,000 square feet
(b) Minimum lot width: None
Cluster option is not permitted in this Zone
(a) Maximum building height: 40 feet
(b) Minimum yard requirements:
Front yard: 25 feet
Side yard: None, except 20 feet when adjacent to property zoned residential
Rear yard: 25 feet, except that accessory structures may be located within, but not less than, five (5) feet of the rear property line.
Floor area ratio: 0.30
The purpose and intent of this Zone is to promote and preserve the historical character of the areas where historical structures are present, and to encourage re-use and revitalization of commercial properties within the historic area.
(a) Professional and business offices
(b) Real estate office
(c) Antique shop
(d) Personal service establishments
(e) Banks and other financial institutions
(a) Commercial establishments devoted to sales, service, trade and/or merchandising
(b) Restaurant
(c) Country Inn
(d) Museums, art galleries and similar facilities
(e) Public uses
(f) Public benefit organizations
(a) Minimum lot area: 20,000 square feet
(b) Minimum lot width: None required
Cluster option is not permitted in this Zone
(a) Maximum building height: 40 feet
(b) Minimum yard requirements:
Front yard - 25 feet
Side yard - None, except 20 feet when
adjacent to property zoned residential
Rear yard - 25 feet
There is not a provision for maximum density in this Zone.
There is not a provision for open space in this Zone.
All buildings and structures in this Zone are also subject to the Historic Area Zoning Ordinance and the authority of the Historic District Commission thereunder.
(Revised
and adopted
A cluster subdivision may be permitted in the R-1 and R-3
Residential Zones through an application to the
(a) Boundaries of the property with bearings and distances on all boundary lot lines
(b) Total area of the property in square feet or acres
(c) Scale and north arrow
(d) Area of open space in square feet or acres
(e) Type of open space, whether common or dedicated and the proposed use thereof
(f) Maximum number of dwelling units proposed, and the calculation of the density and open space
(g) Existing topography with a maximum contour interval of five (5) feet
(h) Proposed layout of lots, streets, open space, and limits of clearing
(i) Location, where applicable, of recreation area, parks, schools, flood-plain, stormwater management structures and other public or community uses
(j) Location and widths of public right(s)-of-way
(k) Name and State road number, if applicable, of each street, road, and highway
(l) Location of public water, sewer, wells and septic fields, whichever applicable
(m) Designation of minimum lot areas and yards that will be provided on lots adjacent to major thoroughfares and adjacent to peripheral lot lines of the subdivision
(n) Seal and signature of professional person preparing the plat
The
(a) Preserve the environmental integrity of the site by protecting and/or promoting the preservation of features such as steep slopes, stream valleys, desirable vegetation or farmland, and either
1. Produce a more efficient and practicable development, or
2. Provide land necessary for public or community facilities
(b) Be in accordance with the adopted comprehensive plan and the established character of the area. To accomplish this end, the cluster subdivision shall be designed to maintain the character of the area by preserving rural views along major roads and from surrounding properties through the use of open space buffers, minimum yard requirements, varied lot sizes, landscaping or other measures;
(c) In no case shall
the maximum density specified for the Zone be increased, nor shall other
applicable regulations or use limitations for the Zone be modified or changed;
provided, however, the
1. The particular flood plain, by reason of its size or shape, has no practical open space value;
2. The amount of flood plain on the lot is minimal; and
3. The lot otherwise meets the required minimum lot area.
(d) Full density credit may be granted for those areas of the site contained in a flood plain up to thirty-five (35) percent. Where flood plain comprises an area greater than thirty-five (35) percent of the site, a density credit of fifty (50) percent may be granted for that area in excess of thirty-five (35) percent of the site.
(e) The
(f) Upon approval of a
cluster subdivision by the
At the time of the construction, reconstruction, or alteration of a building or when any dwelling or structure is converted from a non-commercial use to a commercial use, minimum off-street parking shall be provided as follows:
1. Residential -- two (2) spaces per dwelling unit
2. Commercial establishment devoted to sales, service, trade or merchandising: one (1) parking space for each 100 square feet of floor area used for sales or service, and one (1) parking space for each 300 square feet of floor space used for office, storage, or other purposes;
3. Hotel, motel, rooming house or other establishment having accommodations for guests: one and one-tenth (1.1) parking spaces for each guest room;
4. Automobile service station or automotive repair facilities: one (1) parking space for each 100 square feet of floor area of a shop or garage, and one (1) parking space for each two (2) employees;
5. Community center, library, museum, private school, civic club, private club, lodge, or similar use: one (1) parking space for each 400 square feet of floor space;
6. Hospital, nursing home, care home, medical or dental clinic: one (1) parking space for each 1,000 square feet of floor area;
7. Mortuary or funeral parlor: one (1) parking space for each 100 square feet of reception space;
8. Office building, professional building, or similar use: one (1) parking space for each 200 square feet of office space;
9. Recreational establishment: one (1) parking space for each 100 square feet of floor space;.
10. Restaurant: one (1) parking space for each 50 square feet of floor area;
11. Theatre or auditorium: one (1) parking space for each 4 seats or similar accommodations provided therein
All off-street parking spaces shall be provided on the same parcel on which the primary use is located or on an adjoining parcel as a special exception.
All off-street parking spaces shall be provided on a grade
capable of accommodating the movement and parking of motor vehicles, and the
surface thereof shall be paved or treated so as to be resistant to erosion.
Each parking space shall be at least 180 square feet in area. The aisles shall be not less than 24 feet in width for two-way traffic, and 20 feet in width for one-way traffic. Entrances and exits shall be not less than 20 feet in width for two-way traffic, and 12 feet for one-way traffic, but in no case more than 30 feet in width.
Steps, stoops, terraces, patios, porches, and any similar extensions of a building may extend into any minimum front or side or rear yard not more than 10 feet so long as the same are uncovered and open to the sky.
Bay windows, oriels, entrances, vestibules, balconies, cornices, sills, fire escapes, outside stairways, chimneys, and eaves may project into any minimum front, side, or rear yard not more than 3 feet;
Accessory uses and accessory structures are permitted in all
zones and except agricultural structures devoted to agricultural
use, shall be subject to the following standards
and requirements: (Adopted
1. Except as otherwise provided in this Section, an
accessory structure in any residential zone must be located in a rear yard and
must not occupy more than twenty-five (25) percent of the rear yard.
2. The footprint of an accessory structure in a residential zone must not be greater than fifty (50) percent of the footprint of the primary structure and the height must not exceed Fifteen (15) feet unless approved by the Planning Commission.
3. Except for fences or decorative walls, on residentially
zoned land accessory structures less than
144 square feet of floor area shall not be less than five feet from any
lot line and those accessory structures 144 square feet or greater shall not be less than ten (10) feet from
any side or rear lot line. In cases where an accessory structure, coop
or run is used for the housing or shelter of animals
or fowl, other than a household pet, such structure shall not be less than
twenty-five (25) feet from any side or rear lot line and at least seventy-five
(75) feet from any existing dwelling
on any adjoining lot or parcel of land.
4. Garages, as accessory structures are those that are detached structures or attached to the main house by a breezeway. Garages may be located in any side or rear yard subject to the setback requirements in paragraph (3) above. Garages may be located in the front yard only upon approval by the Planning Commission.
5. Accessory uses and accessory structures located in a historic district or designated as a historic resource shall be subject to the rules, regulations, laws and authority of the Historic District Commission, where applicable.
Adopted
There is hereby created and established a board of appeals which shall consist of five (5) members and one (1) alternate who shall be appointed by the Mayor and confirmed by the Council. Board members shall serve for three-year staggered terms. Promptly after adoption of this amendment, members of the board shall be appointed as follows:
(a) Two members shall be appointed for three-year terms.
(b) Two members shall be appointed for two-year terms; and
(c) One member and the alternate member shall be appointed for a one-year term.
Members of the board may be removed for cause by the Council upon written charges and after public hearing. An alternate member shall act in the place of an absent or disabled member. When an alternate member is absent, the Council may designate a temporary alternate. Members of the board may or may not receive compensation as the Council deems appropriate. The board shall elect a chairperson and vice chairperson.
The board
shall adopt rules in accordance with the provisions of this Ordinance and Art.
66B of the Annotated Code of
The
(b)
To grant or deny special exception in
accordance with the terms of and as provided by the Zoning Ordinance. The board
may establish conditions relating to the approval of a special exception. Special exceptions approved by the board
shall be implemented in accordance with the terms and/or conditions set forth
in the board’s decision and shall include the requirement that the petitioner
shall be bound by all of his testimony and exhibits of record, the testimony of
his witnesses and representations of his attorneys, to the extent that such
evidence and representations are identified in the board’s opinion approving
the special exception. Violation of
conditions and limitations imposed by the board shall be deemed a violation of
this ordinance and, further, shall constitute grounds for revocation of such
special exception. The board may revoke
a special exception where the use and/or structure within which the use is
contained has materially changed or when the use is being conducted in
violation of the special exception approval only after public hearing before
the board. The board may revoke a
special exception without a hearing upon written request of holder or operator
of the special exception or where there is substantial evidence that the
special exception use has been abandoned for a continuous period of at least
six (6) months after giving the holder or operator of the special exception at
least thirty (30) days written notice prior to terminating the special
exception and no written request for a hearing has been received prior to
termination. (Amended
(c) To grant or deny variances from the strict application of the terms and requirement of the Zoning Ordinance; provided however the board shall not be empowered to grant use variances. In granting any variance the board may prescribe appropriate conditions and limitation, the violation of which may constitute grounds for revocation of such variance. Variances may be revoked only after public hearing before the Board.
does not render a decision within the time set forth above, the application or petition shall be deemed denied. The affirmative vote of a majority of the board present shall be required to grant an application for special exception or petition for variance. The same majority vote of the board shall be required to reverse or affirm, in whole or in part, any order, requirement, decision or determination which is the subject of administrative appeal. If the necessary total of affirmative votes shall not be achieved, the application or petition shall be denied. A copy of the board’s decision shall promptly be mailed to all persons entitled to original notice of the hearing and to all persons appearing and testifying in person or by counsel.
(b) All decisions of the board under this article shall be based solely upon the evidence of record.
(c)
Any person, taxpayer, officer, department or board of the
The
Amended
(a) The
1. The proposed use will be in harmony with the adopted Comprehensive Plan and additionally if the use and improvement is located within the Town’s Historic District must be consistent with conditions and requirements specified in the Comprehensive Plan or any amendment to the Plan with respect to proposed uses of the property upon which those uses are to be placed; and
2. The proposed use will not adversely affect the health or safety of the residents or workers in the area; and
3. The proposed use will not be detrimental to the use peaceful enjoyment or future development of adjacent properties or the general area; and
4. The proposed use will not adversely affect pedestrian or vehicular traffic in the area; and
5. The proposed use will be in harmony with the general character of the neighborhood
considering density, design, scale and bulk of any proposed new structures and intensity and character of activity, traffic and parking conditions; and
6. The proposed use will cause no objectionable or excessive noise, vibrations, fumes, odors, dust, illumination, glare or physical activity; and
7. The proposed use will be served by adequate public or private services and facilities,
including water, sanitary sewer, public roads and storm drainage; and
8. The proposed use will comply with all development standards of the Zone in which the
use is located.
(b) In granting
a special exception, the
(c) If a special
exception use is not commenced and in full operation within 18 months after the
date it is authorized, it shall expire and be deemed revoked. The
(d) An
individual holder of a special exception or the property owner may by written
request to the
Amended
(a) Applications for
variances and special exceptions shall be filed with the
1. An applicant may amend an application before the hearing if the Board approves a motion to amend after giving ten (10) days notice to all parties entitled to original notice of filing. If an amendment would materially alter an applicant’s proposal or evidence, the Board may postpone the hearing to a date that permits all interested parties adequate time to review the amendment. Nothing in this section prohibits the Board, during the hearing or at any time before the record is closed, from requesting an applicant to revise any aspect of a proposal.
(b) An application for a variance shall set forth and contain:
1. Name and address of owner of the property and the applicant; and
2. Street address and legal description of the property; and
3. Survey plats and site plans or other accurate drawings showing boundaries, dimensions,
area, topography and frontage of the property involved, as well as the location and
dimensions of all structures and parking areas existing and proposed to be erected, and the
distances of such structures and parking areas from the nearest property lines; and
4. Relief requested and supporting reasons; and
5. A summary of what the applicant expects to prove, including the names of applicant’s
witnesses, summaries of the testimonies of expert witnesses, and the estimated time required
for presentation of the applicant’s case; and
6. A copy of official zoning vicinity map of 1000-foot radius surrounding the subject property
and other information to indicate the general conditions of use and existing improvements on
adjoining and confronting properties, along with a list of those adjoining and confronting
property owners in the county tax records.
(c) An application for a special exception shall contain:
1. Name and address of applicant and the property owner;
2. Legal description (including tax account number) and street address of the property;
3. All information and documentation required for Subsection (b)3, 5 and 6 of this Section 119;
4. Complete information concerning the size, type and location of any existing and proposed trees, landscaping and screening, and exterior illumination. This requirement may be satisfied by site plan documents or separate landscape, lighting or other similar plans;
5. Plans, architectural drawings, photographs, elevations, specifications, or other detailed information depicting fully the exterior appearance of existing and proposed construction, including parking areas and signs involved in the petition;
6. A statement explaining in detail how the special exception would be operated, including hours of operation, number of anticipated employees, occupants, and clientele, equipment involved, numbered type of motor vehicles to be kept on site and any special conditions or limits which the applicant proposes. In addition, the statement shall include an estimate of traffic impact or separate traffic impact analysis;
7. Applicable master plan maps and/or text reflecting proposed land use, zoning and transportation, together with any other portions of the applicable master plan which the applicant considers relevant;
8. All additional exhibits which the applicant intends to introduce.
Within seven (7) days after receipt of an application for a
variance or special exception, the Board shall schedule the same for public
hearing. The Board shall give at least
fourteen (14) days notice of said hearing to the owner of the property, and in
its discretion to any other party, organization, or agency which it believes
may be interested in the application. In
addition, the
(a) At least fourteen
(14) days prior to the hearing the applicant shall erect a sign, to be
furnished by the
(b) The applicant, at
the time of filing his application, shall pay to the
(c) At the time of the
hearing, the applicant shall file with the
(a) All applications
for reclassification (rezoning) of property shall be heard and determined by
the
(b) An application for
reclassification may be filed by the
(c) All such
applications shall be in the form prescribed by the
1. Name and address of the applicant, and name and address of owner of the property;
2. Street address of the property and/or a brief statement of its location with respect to nearby roads, and other land features;
3. Copy of recorded subdivision plat of the property, or, if there is none, a description of the property by metes and bounds;
4. Copy of survey of the property, if it has been surveyed;
5. Present zoning classification of the property and classification being requested;
6. Area of the land to be reclassified;
7. List of all prior applications for reclassification of the property; and
8. Vicinity map showing the area surrounding the property, including all streets, roads, and other improvements or facilities in the area.
Within seven (7) days after receipt of an application, the
(a) At least fourteen
(14) days prior to the hearing, the applicant shall erect a sign, to be
furnished by the
(b) The applicant, at
the time of filing his application, shall pay to the
(c) At the time of the
hearing, the applicant shall file with the
Any interested person shall have the right to attend the
hearing before the
(a) The
(b) The
Adopted
It is the purpose of this ordinance to
provide for the preservation of structures, districts, sites, and resources of
historic, architectural, and archaeological significance together with their
appurtenances and environmental settings, consistent with the general welfare
of the town, its inhabitants, and visitors thereto. This ordinance shall apply within the areas
of the town zoned RH-Residential Historic, CH-Commercial Historic and any other
area hereinafter designated by zoning action or the actions of the Town
Historic District Commission. All prior
actions of the
For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
(a) “Appurtenances and environmental setting”: The parcel that falls within the Historic District boundary as of the date on which the historic resource is designated as classified in the RH or CH Zones, and structures thereon, on which is located a historic resource. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), vegetation (including trees, garden and lawns), rocks, pasture, cropland, and waterways.
(b) “Commission”: The Historic District Commission of the Town, as described hereinafter.
(c) “Contributing resource”: A property or improvements that upon
investigation is considered to have historical or architectural contributions
or attributes of local, state or federal significance. (Amended
(d) “Demolition by neglect”: The failure to provide ordinary and necessary maintenance and repair to a designated historic site or a historic resource, not including appurtenances and environmental settings within the Town, whether by neglect, purpose or design, by the owner, agent or contractor thereof, or any party in possession of such a site, not caused by financial inability, which results in any of the following conditions:
1. The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
2. The deterioration of exterior walls, roofs, chimneys or windows, the lack of adequate weatherproofing or deterioration of interior features or foundations which will or could result in permanent damage, injury or loss of or to the exterior features.
(e) “Exterior features”: The architectural style, design and general arrangement of the exterior of a historic resource, including the nature and texture of building materials and the type of style of all windows, doors, light fixtures, signs or other similar items found on or related to the exterior of a historic resource.
(f) “Designated historic resource or site”: Any designated historic resource outside the boundaries of a historic district of historic, archaeological, architectural, or cultural significance and which has been so designated by resolution of the Mayor and Town Council or which is located on land zoned in the RH or CH district within the Town.
(h)
“Historic district”: All property zoned RH-Residential Historic or
CH-Commercial Historic and any other significant concentration, linkage or
continuity of sites, structures or objects which contributes to the historical,
architectural, archaeological or cultural values within the Town, and which
have been so designated by the Mayor and Town Council.
(h)
“Historic District Commission”: The Mayor and Town Council shall appoint a
commission of five (5) members, all of whom are qualified consistent with the
provisions of Article 66B, §8.03, MD. CODE
1. Persons who have previously served on a local legislative body exercising planning and zoning powers; or
2. Persons who have previously served on a planning commission, board of appeals or historic preservation commission or advisory body; or
3. Persons who have demonstrated special interest, participation, specific knowledge or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design or related disciplines; and agree to serve on this commission and who are residents of the Town. A majority shall consist of three (3) members. The members of the commission shall be appointed for terms of three (3) years each, except that, in making the initial appointments, some appointments shall be established for less than three (3) years in order that, as these initial terms expire, all appointments shall be for three (3) years, and shall not expire at the same time. Commission members may be reappointed. Any vacancy shall be filled for the unexpired term of the particular position.
(i) “Historic resource”: A site or group of sites, buildings, structures or objects, including appurtenances and environmental setting, which is significant in national, state or local history, architecture, archaeology or culture.
(j) “Historic site”: The location of an event of historic significance or a structure, whether standing or ruined, which possesses historic, archaeological or cultural significance.
(k) “Permit”: A historic area work permit issued by the Mayor after approval by the Historic District Commission authorizing work on a designated historic site or a historic resource located within the Town.
(l) “Routine maintenance”: Work that does not alter the exterior materials or features of a site or structure and has no material effect on the historical , archaeological or architectural significance of the historical site or structure, including tree trimming on private property.
(m) “Site”: The location of an event of historic significance or a standing or ruined structure that possesses historic, archaeological or cultural significance.
(n) “Structure”: A
combination of materials to form a construction that is stable as well as those
items described below:
1. “Structure” means a combination of material from a construction that is stable.
2. “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.
3. “Structure” also includes a natural land formation and an appurtenance and environmental setting.
4. “Structure” includes a part of a structure.
A commission to be called “The Historic District Commission”
is hereby created as provided in Section 127 of this Ordinance. The commission shall meet once each month or
as needed at the call of the chairman of the commission. The Historic District
Commission shall have those powers, duties and authority assigned to it by
Article 66B, MD CODE
(a) All properties within the Town zoned RH and CH are hereby designated as an historic resource.
(b) The Mayor and Town
Council, on its own motion or by petition of the property owners of record may,
after prescribed notice and public hearing, designate by resolution historic
districts, historic resources, and historic sites in the Town which are deemed
to be of historic, archaeological or architectural significance following the
procedure applicable to classifications in zoning. These resources shall thereafter be subject
to the provisions of this ordinance and any rules and regulations promulgated
by the commission. The procedures are
substantially similar to those applicable to local map amendments, as provided
in the Zoning Ordinance for the
(c) In considering historic resources for designation as historic districts and historic sites, the Mayor and Town Council shall apply the following criteria:
1. Historical and cultural significance. The historic resource:
a) Has character, interest or value as part of the development, heritage or cultural characteristics of the Town, county, state or nation;
b) Is the site of a significant historic event;
c) Is identified with a person or a group of persons who influenced society; or
d) Exemplifies the cultural, economic, social, political or historic heritage of the Town and its communities.
2. Architectural and design significance. The historic resource:
a) Embodies the distinctive characteristics of a type, period or method of construction;
b) Represents the work of a master;
c) Possesses high artistic values;
d) Represents a significant and distinguishable entity whose components may lack individual distinction;
e) Represents an established and familiar visual feature of the neighborhood, community or Town due to its singular physical characteristic or landscape; or
f) Embodies design, setting, materials, workmanship and ambience to the Town’s sense of time, place and historic development.
(d) Prior to the designation of a historic district or historic site or resource, the Historic District Commission shall investigate, research, and submit findings on each request. Prior to the closing of the public hearing record, the Maryland Historic Trust may analyze and make recommendations concerning the designation and preservation of the site or area under consideration.
An historic area work permit for work on public or private property which would affect the historic, archaeological or architectural significance of a designated historic resource, any portion of which is visible or intended to be visible from a public way, must be issued pursuant to the provisions of this ordinance before:
Nothing in this Section shall be construed to require the
issuance of a historic area work permit for any routine maintenance or repair
of exterior features, any customary farming operations or any landscaping,
which will have no material effect on historic resources located within the
Town, of which such features are a part.
For the purposes of clarification of this Section, the commission may adopt,
develop and publish standards and guidelines for the rehabilitation and new
construction of designated sites or resources and also, for demolition and
relocation of historic sites or resource and interpret and decide what
activities constitute routine maintenance.
The Historic District Guidelines shall identify categories of changes to
historic sites and resources that are so minimal in nature that they do not
affect, historic, archeological or architectural significance and require no
review and approval by the Historic District Commission. The Historic District Guidelines and any
amendments thereto must be subject to approval by Resolution of the Mayor and
Town Council. (Amended
An application for a work permit which is identical to a rejected application shall not be resubmitted within a period of one year after the rejection, including any appeals of the decision to reject. No permit for any such change may be granted until the commission has acted thereon, as hereinafter provided.
(a) Generally. Applications for issuance of a historic area work permit shall be filed with the Town clerk. The application shall be in a form and contain such information as may be required to provide information as shall be necessary for the Historic District Commission to evaluate and act upon such applications in accordance with the provisions of this Ordinance.
(b) Referral. Upon the filing of a completed application, within three (3) business days the Town clerk shall forward the application and all attachments to the Historic District Commission for their review.
(c) Review and public meeting. The Historic District Commission shall schedule and conduct a public meeting on the application, giving notice pursuant to subsection (d) below. The commission shall maintain minutes and tape recordings of its proceedings and a public file of all relevant correspondence, documents and other materials on the request for the historic area work permit. The Historic District Commission shall make a recording of all proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Town Clerk and shall be a public record. The commission shall order a transcript of the recording of any proceeding at the applicant’s request provided the costs of such transcript is paid to the Town Clerk by the person or party making the request. The Historic District Commission may render its decision based upon these recommendations or public comment received at the public meeting.
(d) Notice. After scheduling a public meeting, notice
thereof shall be accomplished by the Town clerk, by ordinary mail, being given
to property owners abutting or confronting the property, not less than seven
(7) working days prior to the meeting at which the matter is to be heard, and
to those citizens or organizations which the Town clerk determines may have an
interest in the proceedings. In
addition, notice shall be accomplished by delivering a sign deposit as
established from time to time by the
(e) Action by Historic District Commission.
1. The Historic District Commission may:
a) Issue the work permit.
b) Issue the work permit subject to such conditions as are necessary to ensure conformity with the provisions and purposes of this Ordinance or Article 66B, Ann. Code of Maryland; or
c) Deny the work permit subject to the requirements contained in Section (e)(2).
2. In the event of a denial of a permit, the applicant shall receive a written notification of the reasons for such denial. An application which is identical to the denied application shall not be resubmitted within a period of one year after the denial or any appeal from such denial.
3. Failure of the Historic District Commission to act on a completed application within forty-five (45) days from the date the completed application was accepted for filing, or in the event the record is held open by the commission, within fifteen (15) days after the close of the record, shall be deemed to constitute automatic approval of the proposed changes unless an extension of this forty-five (45) day period is agreed upon mutually by the applicant and the commission or the application is withdrawn.
(f) Any applicant may not begin to work on any project submitted for review by the Historic District Commission until the commission has filed the work permit with the Clerk of the Town and a building permit is issued by the Clerk and permits issued by Montgomery County, if necessary.
(g) If work on an approved project has not begun within six (6) months after the issuance by the Historic District Commission of a certificate of approval, or within time frames as stated in the approval, or any extension to an approval granted by the commission the certificate of approval shall expire. If the work has not been completed within one year of the date of its issuance, or within time frames stated in the approval, the certificate of approval shall expire unless extended by the commission prior. A time extension for one more year is permissible through written request for extension to the Historic District Commission. If the extension is not approved, the historic area work permit becomes null and void.
(h) Miscellaneous provisions.
1. Properties subject to covenants or easements held by other historic preservation organizations shall submit proof of approval of exterior architectural review by the organizations holding the easement.
2. The commission may recommend to the Mayor and Town Council to acquire easements in connection with individual sites or structures, or sites or structures located in or adjacent to a designated historic district to protect such structures or sites from changes which would affect its historic, archaeological or architectural significance.
3. In the event that there is a conflict between the permit and the requirements of the building code, the permit will control; provided, that all health and safety requirements are met.
4. The Mayor on behalf of the Historic District Commission is responsible for the enforcement of this ordinance.
(a) The Historic District Commission, in evaluating an application for a historic area work permit, shall consider and render its decision based on the following factors:
1. The preservation of the historic, archaeological or architectural significance of the site or structure and its relationship to the historic, archaeological 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 surrounding area;
3. The general compatibility of the exterior design, scale, proportion, arrangement, texture and materials proposed to be used; and
4. Any other factors, including aesthetic factors, which the commission deems pertinent.
(b) In the case of an application for work on a historic resource, the commission shall be lenient in its judgment on plans for structures of little historical or design significance or for plans involving new construction, unless such plans would seriously impair the historic or architectural significance of surrounding historic resources. The Historic District Commission shall be strict in its judgment of plans for sites or structures determined by research to be of historic, architectural or archaeological significance.
(c) Where the Historic District Commission deems a structure to be of unusual historic importance, it shall, prior to denial of a historic area work permit, attempt with the owner to formulate an economically feasible plan for its preservation. If 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 structure. The ninety (90) day negotiating period may be extended only by mutual consent of all parties.
(d) Notwithstanding anything to the contrary contained in subsection (c) of this Section, the commission may approve a historic area work permit if the structure is a deterrent to a major improvement program of substantial benefit to the public or its retention would either cause substantial financial hardship to the owner or its retention would not be in the best interests of the citizens in the community.
(e) The Historic District Commission shall consider only exterior features of a structure, and shall not consider any interior features or arrangements.
(f) Failure to adhere to or comply with the requirements or conditions of a historic area work permit or any other provision of this ordinance shall be grounds for revocation or suspension of the permit by the Mayor. In addition thereto, the penalties and actions provided for in Section 131 may be instituted against an alleged violator.
In the event of a case of demolition by neglect of a historic resource on public or private property, the following provisions shall apply:
If the historic resource is within the RH or CH Zones or has been designated a historic site or a historic resource, the Historic District Commission shall issue a written notice to the Mayor and Town Council and to all persons of record with any right, title or interest in the subject property, or the person occupying the premises, of the conditions of deterioration and shall specify the minimum items of repair or maintenance necessary to correct or prevent further deterioration. The notice shall provide that corrective action shall commence within thirty (30) days of the receipt of such notice and completed within a reasonable time thereafter. The notice shall state that the owner of record of the subject property or any person of record with any right, title or interest therein may, within ten (10) days after the receipt of such notice, request a meeting with the Mayor and Town Council on the necessity of the items and conditions contained in such notice. In the event a meeting is requested, it shall be held by the Mayor and Town Council upon written notice mailed to all persons of record with any right, title or interest in the subject property and to the Historic District Commission, and any other person that the Mayor and Town Council feels may have an interest in the proceedings.
After such meeting on the issue of necessity of improvements to prevent demolition by neglect, if the Mayor and Town Council find that such improvements are necessary, the Mayor shall issue a final notice to be mailed to the record owners and all parties of record with any right, title and interest in the subject property, advising of the items of repair and maintenance necessary to correct or prevent further deterioration. The owners shall institute corrective action to comply with the final notice within thirty (30) days of receipt of the revised notice.
In the event the corrective action specified in the final notice is not instituted within the time allotted, the Mayor and Town Council may institute appropriate legal action and perform and complete the necessary remedial work to prevent deterioration by neglect, and the expenses, including administrative, legal, corrective and compensatory expenses, incurred by the Town for such work, labor and materials shall be a lien against the property and draw interest at the same rate as delinquent property taxes, the amount to be amortized over a period of ten (10) years subject to a public sale if there is a default in payment; or, in the alternative, the Town may seek equitable relief in any court of competent jurisdiction to compel such corrective action.
(a) Where the Historic District Commission determines that any site, group of sites, structure or object is undergoing active consideration as a historic district, historic site or historic resource, or has the reasonable probability of being so designated or has been so designated, it may request the Mayor to withhold issuance of any permit to demolish, grade or substantially alter the exterior features of any such site, structure or object. The Mayor may withhold such permit for a maximum of six (6) months from the date of the request of the commission.
(b) The commission may withdraw its request to the Mayor if it determines that failure to grant the permit applied for will have the effect of denying the property owner reasonable use of his property or would cause the property owner to suffer substantial financial hardship.
Any person who violates a provision of this article, or fails to comply with any of the requirements thereof, or disobeys or disregards a decision of the Historic District Commission or Mayor and Town Council or fails to abide by the conditions of a permit, shall be guilty of a misdemeanor, punishable by a fine of $1,000 or imprisonment for six (6) months or both.
In addition thereto, the Town may institute injunctive or other appropriate action or proceedings at law or equity for the enforcement of this ordinance or to correct violations of this ordinance, and any court of competent jurisdiction shall have the right to issue restraining orders, injunctions or other appropriate forms of remedy or relief.
In the event that any party is aggrieved by a decision of the Mayor and Town Council or the Historic District Commission within thirty (30) days from the date on which the decision is made public, such party aggrieved may appeal to the circuit court of the county and thereafter to the Appellate Courts of Maryland which will review the decision based on the record of the proceedings before the Historic District Commission or the Mayor and Town Council, as the case may be. Appeals shall be governed by the Maryland Rules of Procedure applicable to administrative appeals.
Adopted