The Zoning Map entitled "Zoning Map of Town of Laytonsville, Maryland" dated January 4, 2005, showing the zoning classification of each and every parcel of land to which this Ordinance applies, and the improvements thereon, is hereby adopted and shall constitute the official Zoning Map of the Town.

Section 104. DEFINITIONS

The following words and terms shall have the meanings hereinafter stated unless the context 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 September 4, 2007.)

(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 December 5, 2006)

(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 October 2, 2007)

(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 Board of Appeals and when applicable by the Historic District Commission (Amended September 4, 2007) in the granting of the exception, and except that one (1) sign, for uses located in a CH or RH Zone or site designated as a historic site or resource must be first approved by the Historic District Commission, ( Amended September 4, 2007) not exceeding a total of one and one-half square feet may be displayed on the exterior of the premises, provided that it is not illuminated and does not project more than one (1) foot beyond an exterior wall;

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

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 Maryland or Town of Laytonsville other than a waste disposal facility and a storage yard.

(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 September 4, 2007.)

(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.

Section 105. AGRICULTURAL ZONE

Section 105.01 Purpose and Intent:

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.

Section 105.02 Permitted Uses:

(a) Agriculture, including the raising of crops, livestock and plant material;

(b) Plant nursery and/or garden center

(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.

Section 105.03 Special Exception Uses:

(a) Utility transmission facilities

(b) Home occupation

Section 105.04 Lot Size Requirements: (Adopted November 2, 2004)

(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.

Section 105.05 Cluster Option:

Cluster option is not available in this Zone

Section 105.06 Bulk Regulations:

(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 November 1, 2005).

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

Section 105.07 Maximum Density:

One (1) dwelling unit per twenty-five (25) acres.

Section 106. R1 RESIDENTIAL - ONE ACRE

Section 106.01 Purpose and Intent:

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.

Section 106.02 Permitted Uses:

(a) Single-family dwelling

(b) Churches

(d) Agriculture

Section 106.03 Special Exception Uses:

(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses

(b) Indoor and/or outdoor recreation uses

(d) Home occupation

(e) Utility transmission facilities

(f) Private clubs

(g) Private schools

(h) Public benefit organizations

Section 106.04 Lot Size Requirements:

(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.

Section 106.05 Cluster Option:

Cluster option may be permitted in this Zone subject to the provision of Sec. 112 hereof.

Section 106.06 Bulk Regulations:

(a) Maximum building height:

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.

Section 106.07 Maximum Density:

One (1) dwelling unit per acre

Section 106.08 Open Space:

In cluster subdivisions, a minimum of 20% of the gross area shall be open space.

Section 107. R2 RESIDENTIAL ONE-HALF ACRE

Section 107.01 Purpose and Intent:

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.

Section 107.02 Permitted Uses:

(a) Single-family dwelling

(b) Churches

Section 107.03 Special Exception Uses:

(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses

(b) Indoor and/or outdoor recreation area

(d) Utility transmission facilities

(e) Private clubs

(f) Public benefit organizations

Section 107.04 Lot Size Requirements:

(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

Section 107.05 Cluster Option:

Cluster option is not permitted in this Zone

Section 107.06 Bulk Regulations:

(a) Maximum building height:

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.

Section 107.07 Maximum Density:

One (1) Single-family dwelling unit per half acre.

Section 108. R3 Residential Two Acres

(Adopted June 3, 2003)

Section 108.01 Purpose and Intent:

To provide for single-family detached dwellings at a density not to exceed one (1) dwelling unit per two acres.

Section 108.02 Permitted Uses:

(a) Single family dwelling

(b) Public use

Section 108.03 Special Exception Uses:

(a) Community uses, e.g. swimming clubs, racquet clubs and similar uses

(b) Indoor and/or outdoor recreation uses

(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

Section 108.04 Lot Size Requirements:

(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

At the right-of-way line: 25 feet

At the front building line: 125 feet

Section 108.05 Cluster Option:

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.

Section 108.06 Bulk Regulations:

(a) Maximum building height:

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

Section 108.07 Maximum Density:

One (1) dwelling unit per two (2) acres of gross land area.

Section 108.08 Open Space:

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.

Section 108.09 Accessory Structures:

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.

Section 109. RH-Residential Historic

Section 109.01 Purpose and Intent:

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.

Section 109.02 Permitted Uses:

(a) Single-family dwelling

(b) Public uses

(d) Agriculture

Section 109.03 Special Exception Uses:

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

(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 Board of Appeals, that no changes in the design, construction, equipment or use of the facility have taken place.

(Section above starting at the conclusion of (g) was adopted May 3, 1994)

Section 109.04 Lot Size Requirements:

(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.

Section 109.05 Cluster Option:

Cluster option is not permitted in this Zone

Section 109.06 Bulk Regulations:

(a) Maximum building height:

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.

Section 109.07 Maximum Density:

One (1) single-family dwelling unit per half acre or two (2) dwelling units per acre.

Section 109.08 Open Space:

There is not a provision for Open Space in this Zone.

Section 109.09 Historic District Restrictions:

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.

Section 110. C1-COMMERCIAL

Section 110.01 Purpose and Intent:

The purpose and intent of this Zone is to provide a zone for the sale of goods and services.

Section 110.02 Permitted Uses:

(a.) Ambulance and rescue squads

(b) Banks and other financial institutions

(d) Child care facilities

(e) Churches

(f) Commercial establishments devoted to sales, service, trade, and/or merchandising

(g) Fast food stores

(h) Fire stations

(i) Funeral homes

(j) Health clubs

(k) Hospitals

(l) Hotels, motels, rooming and boarding houses.

(m) Medical and/or dental care facilities

(n) Nursing and care homes

(o) Personal service establishments

(p) Private schools

(q) Professional and business offices

(r) Public benefit organizations

(s) Public uses

(t) Publishing and printing establishments

(u) Recreational facilities

(v) Repair service establishments

(w) Restaurants

(x) Theatres

(y) Utility transmission facilities

Section 110.03 Special Exception Uses:

(a) Automobile service stations

(b) Automotive repair facilities

(d) Veterinary clinics and hospitals

(e) Warehouses and storage buildings

Section 110.04 Lot Size Requirements:

(a) Minimum lot area: 20,000 square feet

(b) Minimum lot width: None

Section 110.05 Cluster Option:

Cluster option is not permitted in this Zone

Section 110.06 Bulk Regulations:

(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.

Section 110.07 Maximum Density:

Floor area ratio: 0.30

Section 111. CH - COMMERCIAL HISTORIC

Section 111.01 Purpose and Intent:

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.

Section 111.02 Permitted Uses:

(a) Professional and business offices

(b) Real estate office

(d) Personal service establishments

(e) Banks and other financial institutions

Section 111.03 Special Exception Uses:

(a) Commercial establishments devoted to sales, service, trade and/or merchandising

(b) Restaurant

(d) Museums, art galleries and similar facilities

(e) Public uses

(f) Public benefit organizations

Section 111.04 Lot Size Requirements:

(a) Minimum lot area: 20,000 square feet

(b) Minimum lot width: None required

Section 111.05 Cluster Option:

Cluster option is not permitted in this Zone

Section 111.06 Bulk Regulations:

Maximum building height: 40 feet

Minimum yard requirements:

Front yard - 25 feet

Side yard - None, except 20 feet when

adjacent to property zoned residential

Rear yard - 25 feet

Section 111.07 Maximum Density:

There is not a provision for maximum density in this Zone.

Section 111.08 Open Space

There is not a provision for open space in this Zone.

Section 111.09 Historic District Restrictions:

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.

Section 112. CLUSTER APPLICATION

(Revised and adopted June 3, 2003)

A cluster subdivision may be permitted in the R-1 and R-3 Residential Zones through an application to the Mayor and Council. An application for a cluster subdivision shall be accompanied by six (6) copies of a plat drawn to a designated scale, certified by a professional engineer or land surveyor, licensed by the State of Maryland, containing the following information:

(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

(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

Section 113. APPROVAL OR DENIAL OF CLUSTER APPLICATION

The Mayor and Council may approve such application if it shall find that the location, topography and other physical characteristics of the property are such that cluster development will:

(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 Mayor and Council may approve a modification to the minimum lot size and/or minimum yard requirements when it concludes that such modification is in keeping with the purpose of this Section and the applicable residential zone. No lot shall extend into a flood plain unless approved by the Mayor and Council based on a determination that:

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 Mayor and Council may deny the application if it shall find that the cluster subdivision will increase pollution from run-off over and above that which would occur from conventional development of the property.

(f) Upon approval of a cluster subdivision by the Mayor and Council, the applicant shall submit a cluster subdivision plat in accordance with the terms and provisions of the resolution approving same, and said plat shall be recorded among the land records of Montgomery County before any construction is commenced.

Section 114. OFF-STREET PARKING REQUIREMENTS

Section 114.01 General Provisions:

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

Section 114.02 Location:

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.

Section 114.03 Construction Standards:

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.

Section 115. EXTENSIONS, PROJECTIONS, AND ACCESSORY USES

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 December 5, 2006)

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.

Section 116. BOARD OF APPEALS

Adopted June 3, 2003

Section 116.01 Created; Composition; Appointment and Removal of Members; Compensation:

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

(d) Thereafter, as terms expire, replacements shall be for three- year terms and members shall be eligible for reappointment.

(e) At the end of his/her term, a member shall continue to serve until his/her successor is appointed and confirmed.

(f) A member who is appointed after a term has begun shall serve only for the rest of the term and until his/her successor is appointed and confirmed.

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.

Section 116.02 Rules, Meetings, Oaths, Witnesses, Records, Conflicts:

The board shall adopt rules in accordance with the provisions of this Ordinance and Art. 66B of the Annotated Code of Maryland. Meetings of the board shall be held at the call of the chairman and at other times as the board may determine. Such chairman, or in his absence the vice chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board 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 board shall order a transcript of the recording of any proceeding if an appeal to the boards decision is filed in court or if requested by any member of the general public provided the costs of such transcript is paid to the Town Clerk by the person or party making the request. The transcript shall then become part of the official record. A member of the board shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict.

Section 116.03 Powers, Duties and Functions:

The Board of Appeals shall have the following powers, duties and functions:

(a) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decisions or determination made by an administrative official in the enforcement and administration of the zoning ordinance, or any Town code provision involving buildings, construction, safety or environmental matters or which may hereafter be designated for review by the Council. Appeals must be filed in writing with the board within ten (10) days of the action, decision or order being appealed.

(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 September 4, 2007.)

(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.

Section 116.04 Decision of Board, Appeals from Board Decisions:

(a) The decision of the board of appeals on any matter considered under this Section shall be in writing containing findings and conclusions and rendered within sixty (60) days from the date of the closing of the public hearing record unless such time is extended by the board. If 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 Town of Laytonsville aggrieved by any final decision of the board of appeals may within thirty (30) days from the date of the board’s decision, appeal the decision to the Circuit Court for Montgomery County and thereafter to the appellate courts of this state for further review. Appeals shall be subject to Section 4.08 of Article 66B of the Annotated Code of Maryland and the Maryland Rules of Procedure governing administrative appeals.

Section 117. VARIANCES

The Board of Appeals may grant variances from the strict application of this Ordinance when by reason of exceptional narrowness, shallowness, or shape of any parcel, or by reason of exceptional topography or other conditions, the strict application of this Ordinance would result in peculiar or unusual difficulties or a hardship upon the owner of said property; provided that such variance can be granted without substantial impairment of the intent, purpose, and integrity of this Ordinance.

Section 118. SPECIAL EXCEPTIONS

Adopted August 1, 2006

(a) The Board of Appeals may grant a special exception or modify an existing special exception when it finds from the evidence produced at the hearing and its knowledge or inspection of the property and the surrounding area that:

1. That 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.

2. The proposed use will not adversely affect the health or safety of the residents or workers in the area;

3. The proposed use will not be detrimental to the use or future development of adjacent properties or the general area;

4. The proposed use will not adversely affect pedestrian or vehicular traffic in the area.

(b) In granting a special exception, the Board of Appeals may impose reasonable terms and conditions on the grant thereof, including the number of employees, hours of operation, lighting, limitation of signage, screening, landscaping, and such additional conditions and requirements as are reasonable and appropriate to reduce or eliminate adverse effects on adjacent properties or the general area. The Board of Appeals may also limit the duration of a special exception, i.e.: it may specify a date when the special exception shall expire or require renewal.

(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.

(d) An individual holder of a special exception or the property owner may by written request to the Board of Appeals abandon an approved Special Exception. (Amended September 4, 2007.)

Section 119. APPLICATIONS FOR VARIANCES AND SPECIAL EXCEPTIONS

(a) Applications for variances and special exceptions shall be filed with the Board of Appeals. An application for a variance or a special exception may be filed by any governmental agency or party having an interest in the property which is the subject of the application. Each application shall be accompanied by a filing fee as established from time to time by the Mayor and Council (Amended September 4, 2007.) which shall not be refunded unless the application is withdrawn prior to the time it is scheduled for hearing. The Mayor and Council may change the amount of the filing fee from time to time by a duly adopted resolution, provided that the fee so set shall not exceed that reasonably calculated to defray the actual cost of processing the application.

(b) An application for a variance shall set forth:

1. Name and address of owner of the property;

2. Description or plat of the property; and

3. Relief requested and reasons therefor.

1. Name and address of applicant;

2. Description or plat of the property;

3. Description of proposed use;

4. Proposed hours of operation;

5. Estimated number of patrons;

6. Qualifications of applicant to conduct the proposed use;

7. Estimate of traffic impact;

8. Description or diagram showing area of the lot or building to be devoted to the special exception use;

9. Proposed off-street parking and ingress and egress.

Section 120. NOTICE OF HEARING FOR VARIANCES AND SPECIAL EXCEPTIONS

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 Mayor and Council shall cause notice of said hearing to be posted, for at least fourteen (14) days prior to said hearing, at one or more places in the Town most conspicuous to the residents of the Town. The notice of hearing shall state the time and place of the hearing, the name of the applicant, and shall contain a brief description of the property and the relief requested. 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 fourteen (14) 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 Mayor and Council and by posting an appropriate sign on the site, not less than fourteen (14) working days prior to the meeting. By duly adopted Resolution, the Mayor and Council, from time to time may change the amount of the sign deposit fee, provided that the fee shall not exceed the amount reasonably calculated to defray the actual cost of the sign. (Amended September 4, 2007.)

Section 121. POSTING OF SIGN FOR VARIANCES AND SPECIAL EXCEPTIONS

(a) At least fourteen (14) days prior to the hearing the applicant shall erect a sign, to be furnished by the Mayor and Council, on the land which is the subject of his application for a variance or special exception. Such sign shall be erected in such manner as will be most readily seen by the public; and if the property abuts a public road, the sign shall be erected within ten (10) feet of such road. The bottom of the sign shall be not less than 2 1/2 feet from the ground. The sign shall state that there is an application pending under the Zoning Ordinance;

(b) The applicant, at the time of filing his application, shall pay to the Mayor and Council for such sign a deposit as established from time to time by the Mayor and Council. (Amended September 4, 2007.) The Mayor and Council may change the amount of said deposit from time to time by a duly adopted resolution, provided that the amount so set shall not exceed that reasonably calculated as equal to the cost of replacing the sign. Said deposit shall be repaid to the applicant only upon the return of the sign in good condition;

(c) At the time of the hearing, the applicant shall file with the Board of Appeals (Amended September 4, 2007) an affidavit that the sign furnished by the Mayor and Council was erected on the property as required by this Ordinance, and remained on the property continuously for a period of two (2) weeks prior to the hearing.

Section 122. APPLICATIONS FOR RECLASSIFICATION

(a) All applications for reclassification (rezoning) of property shall be heard and determined by the Mayor and Council of the Town of Laytonsville.

(b) An application for reclassification may be filed by the Mayor and Council, any governmental agency, or any person having an interest in the property which is the subject of the application. Each application shall be accompanied by a filing fee as established from time to time by the Mayor and Council (Amended September 4, 2007) which shall not be refunded unless the application is withdrawn prior to the time it is scheduled for hearing. The Mayor and Council may change the amount of the filing fee from time to time by a duly adopted resolution, provided that the fee so set shall not exceed that reasonably calculated to defray the actual cost of processing the application.

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.

Section 123. NOTICE OF HEARING ON RECLASSIFICATION

Within seven (7) days after receipt of an application, the Mayor and Council shall schedule the same for public hearing. The Mayor and Council shall give at least fourteen (14) days notice of said hearing to the owner of the property and the owners of all properties contiguous to and across the street from the property in question. In addition, the Mayor and Council shall cause notice of said hearing to be posted, for at least fourteen (14) days prior to said hearing, at one or more places in the Town most conspicuous to the residents thereof. The notice of hearing shall state the time and place of the hearing, the name of the applicant, and shall contain a brief description of the property, the present classification, and the requested classification.

Section 124. POSTING OF SIGN OF HEARING ON RECLASSIFICATION

(a) At least fourteen (14) days prior to the hearing, the applicant shall erect a sign, to be furnished by the Mayor and Council, on the land proposed to be reclassified. Such sign shall be erected in such a manner as will be most readily seen by the public; and if the property abuts a public road, the sign shall be erected within ten (10) feet of such road. The bottom of the sign shall be not less than 2 1/2 feet from the ground. The sign shall state that there is an application pending under the Zoning Ordinance.

(b) The applicant, at the time of filing his application, shall pay to the Mayor and Council for such sign a deposit as established from time to time by the Mayor and Council. (Amended September 4, 2007.)The Mayor and Council may change the amount of said deposit from time to time by a duly adopted resolution provided that the amount so set shall not exceed that reasonably calculated as equal to the cost of replacing the sign. Said deposit shall be repaid to the applicant only upon the return of the sign in good condition.

(c) At the time of the hearing, the applicant shall file with the Mayor and Council an affidavit that the sign furnished by the Mayor and Council was erected on the property as required by this Ordinance, and remained on the property continuously for a period of two (2) weeks prior to the hearing.

Section 125. HEARING

Any interested person shall have the right to attend the hearing before the Mayor and Council on any zoning application and to offer oral or written testimony. If the applicant or any other person desires a stenographic report or recording of the testimony presented at the hearing, it shall be the duty of the applicant or such person to arrange for the same at his own cost and expense.

Section 126. DECISION

(a) The Mayor and Council shall render its decision on any application for reclassification within thirty (30) days after the public hearing, unless said time is extended by resolution of the Mayor and Council. The decision shall be by resolution which shall be entered in the file of the particular application and in the minutes of the proceedings of the Mayor and Council

(b) The Mayor and Council shall set forth in writing, as part of said resolution, a short opinion stating why the application has been granted or denied, as the case may be.

Section 127. PRESERVATION OF HISTORIC RESOURCES

Adopted August 5, 2003

Section 127.01 Purpose and Intent:

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 Town of Laytonsville undertaken pursuant to the Historic Area Zoning Ordinance enacted prior hereto are hereby reaffirmed and ratified.

Section 127.02 Definitions:

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 December 4, 2007.)

(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 ANN., as established by the following criteria:

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.

Section 127.03 Creation, Powers and Duties of Historic District Commission:

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 ANN., the zoning ordinance of the Town of Laytonsville and those acts or enactments of the Mayor and Town Council of the Town of Laytonsville. The commission may adopt such rules and regulations as may be necessary for the proper transaction of its business.

Section 127.04 Designation of Historic Districts and Historic Sites; Criteria:

(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 Town of Laytonsville.

(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.

Section 127.05 Historic Area Work Permit; When Required:

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:

(a) Constructing, reconstructing, moving, relocating, demolishing or in any manner modifying, changing or altering the exterior features of any designated historic site or historic resource located within the Town;

(b) Performing any grading, excavating, constructing or substantially modifying, changing or altering the environmental setting of a historic site or a historic resource located within the Town;

(c) Erecting or causing to be erected any sign or advertisement (with the exception of those signs which temporarily advertise for sale, lease, rental or renovation of a historic site or a historic resource located within the Town, or which for a temporary period advertise a political viewpoint) on the exterior or on the environmental setting of any historic site or any historic resource located within the Town.

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 September 4, 2007.)

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.

Section 127.06 Historic Area Work Permit; Application Procedure:

(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 Mayor and Council (Amended September 4, 2007) and by posting an appropriate sign on the site, not less than seven (7) working (Amended September 4, 2007) days prior to the meeting. A copy of the notice and application may be mailed to the Maryland Historical Trust for comment. By duly adopted Resolution, the Mayor and Council, from time to time, may change the amount of the sign deposit fee, provided that the fee shall not exceed the amount reasonably calculated to defray the actual cost of the sign. Such sign shall be erected in such manner as will be most readily seen by the public; and if the property abuts a public road, the sign shall be erected within ten (10) feet of such road. The bottom of the sign shall be not less than 2 1/2 feet from the ground. The sign shall state that there is an application pending under the Zoning Ordinance; At the time of the hearing, the applicant shall file with the Historic District Commission an affidavit that the sign furnished by the Historic District Commission was erected on the property as required by this Ordinance, and remained on the property continuously for a period of seven (7) days prior to the hearing. (Amended September 4, 2007).

(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.

Section 127.07 Historic Area Work Permits; Criteria for Decision:

(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.

Section 127.08 Demolition by Neglect:

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.

Section 127.09 Moratorium on Alteration or Demolition:

(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.

Section 127.10 Violations and Penalties:

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.

Section 127.11 Appeals:

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.

Section 128. SIGNS

Adopted September 5, 2006