§ 158.095  HDO HISTORIC DISTRICT OVERLAY.
   (A)   Purpose.
      (1)   The purpose of the HDO is to provide a mechanism for the preservation of sites, structures, and districts of historical, archaeological, or architectural significance, together with their appurtenances and environmental settings. The HDO is meant to enhance, not substitute for, the underlying zoning classification which regulates land use. This section imposes additional requirements during the construction, alteration, reconstruction, moving, and demolition of sites and structures located within the HDO. These requirements are in addition to those of the existing conventional underlying zoning district which controls land use.
      (2)   This subchapter is intended to:
         (a)   Safeguard the heritage of the county by preserving sites, structures, or districts which reflect elements of the county's cultural, social, economic, political, architectural, or archaeological history;
         (b)   Stabilize and improve property values of such sites, structures, or districts;
         (c)   Foster civic beauty;
         (d)   Strengthen the economy of the county;
         (e)   Preserve and enhance quality of life;
         (f)   Promote the preservation and appreciation of the sites, structures, and districts for the education and welfare of the residents of the county;
         (g)   Develop an awareness among property owners of the value of preserving, protecting, and restoring areas of historical, archaeological, or architectural significance; and
         (h)   Enable the county to identify and officially designate sites, structures, and districts of historical, archaeological, or architectural importance to the county in order to make such sites, structures, and districts eligible for specific benefits that may be available from various local, state, or federal programs.
   (B)   Definitions applicable to HDO and H District.
      (1)   As used in this subchapter and as used in § 158.097, the following words have the meanings ascribed to them in Md. Code, Land Use Article, § 8.101, as amended from time to time: demolition, district, structure, site, and routine maintenance.
      (2)   For the purpose of this section and as used in § 158.097, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
         ALTERATION.  Any exterior change that would affect the historic, archaeological, or architectural significance of a designated site or structure, any portion of which is visible or intended to be visible from a public way, including but not limited to construction, reconstruction, moving, or demolition.
         APPURTENANCES AND ENVIRONMENTAL SETTINGS.  All that space of grounds and structures thereon which surrounds a designated site or structure and to which it relates physically or visually. APPURTENANCES AND ENVIRONMENTAL SETTINGS shall include but not be limited to walkways and driveways (whether paved or not), trees, landscaping, pastures, croplands, waterways, open space, setbacks, parks, public spaces, and rocks.
         EXTERIOR FEATURES.  Include the architectural style, design, and general arrangement of the exterior, the nature and texture of building material, and the type and style of all windows, doors, light fixtures, signs, and similar items found on, or related to, the features of a historic site or the exterior features of a historic resource within a historic district.
         HISTORIC DISTRICT OVERLAY WORK PERMIT.  A permit approved by the HPC and issued by the Chief of the Bureau of Permits and Inspections, or its successor agency, authorizing work on any property located within the HDO.
         RECONSTRUCTION.  The process of reproducing by new construction the exact form and detail of a vanished structure, or part thereof, as it appeared at a specific period of time.
         RESTORATION.  The process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period.
   (C)   HPC.
      (1)   Establishment; members.  The HPC of Carroll County shall consist of five full members and an alternate member appointed by the County Commissioners. The alternate member shall vote on matters before the HPC in the absence of any other member. A majority of the members shall be residents of the county. The County Commissioners shall make a good-faith effort to have a majority of the full members be residents of the HDO area(s). Each member shall possess a demonstrated special interest, 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. At least two members shall possess professional or academic training in one or more of the above-listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36 C.F.R. Part 61 to the extent that such professionals are available in the community. A good-faith effort to locate and appoint such professionals will be made, and documentation as to how this effort was accomplished shall be retained by the County Commissioners. The County Commissioners may consult private societies or agencies to request the names of possible members on the HPC. Members shall be appointed for terms of three years. No more than two appointments shall expire in any given year. Members of the HPC are eligible for reappointment.
      (2)   Membership requirements.  The requirement for HPC membership under the category of “demonstrated special interest” may be satisfied either by formal training in one or more of the fields listed in division (C)(1) above or by active membership in a preservation-related organization. The requirement for membership under the category of “specific knowledge” may be satisfied by formal post-secondary education, employment, or practical experience in one or more of the above-listed fields, or practical experience in the restoration or preservation of a historic structure (including restoration or preservation of a historic structure located outside of the HDO). The requirement for HPC membership under the category of “professional or academic training” may be satisfied by, at a minimum, two years experience as a professional or a bachelor’s degree in one or more of the above-listed fields.
      (3)   Vacancies.  Any vacancy on the HPC shall be filled by the County Commissioners for the unexpired term of the particular position. Any vacancy shall be filled within 60 days. In the case of the expiration of a term, a member may continue to serve until the member’s successor is appointed.
      (4)   Initial appointments.  The members of the HPC shall serve as members of the HPC until the expiration of their terms of appointment to the HPC, or until such member resigns, whichever occurs first. These persons are eligible for reappointment at the expiration of their terms, provided that they meet the qualifications for appointment specified in division (C)(1) above at the time of such reappointment.
   (D)   Duties and powers of HPC.
      (1)   As part of its duties and powers, the HPC:
         (a)   Shall adopt rules for the organization and conduct of meetings;
         (b)   Shall act upon all applications for HDO work permits as required by division (G) below;
         (c)   Shall maintain and update the State Inventory of Historic Properties for Carroll County;
         (d)   Shall review all petitions for designation as a historic site, structure, or district and submit recommendations to the County Planning Commission and County Commissioners;
         (e)   Shall review any application for a zoning text or map amendment, conditional use, variance, site plan, or subdivision approval, and any legislation or other proposals affecting properties which are located within a designated historic site, structure, or district, or which have preservation easements, including preparation and amendment of master plans, and may make recommendations thereon to the appropriate authorities;
         (f)   Shall have the right to accept and use gifts and services for the exercise of its functions which are given to the County Commissioners specifically for use by the HPC;
         (g)   Shall adopt rehabilitation and new construction design guidelines and criteria for construction, alteration, reconstruction, repair, moving, and demolition of property in the HDO which are consistent with the Secretary of the United States Department of the Interior’s Standards for Rehabilitation. Guidelines may include design characteristics intended to meet the needs of particular types of sites, structures, and districts, and may identify categories of changes that do not require review by the HPC because they are minimal in nature and do not affect historic, archaeological, or architectural significance. These design guidelines shall be used in the HPC’s review of applications for HDO work permits;
         (h)   May, at the request of an applicant, receive information concerning the location and configuration of interior features in connection with an application for a HDO work permit, which information may be used by the applicant in connection with explaining the applicant’s request for the HDO work permit. The HPC may receive this information for use in understanding the particular application before the HPC but shall not render any decision concerning interior features and shall not require any applicant to submit any information concerning interior features;
         (i)   May institute an action for injunctive relief to require routine maintenance of a site or structure within the HDO, to require compliance with the provisions of this subchapter or any permit issued thereunder, and to prohibit a violation of the provisions of this subchapter; and
         (j)   May acquire easements in connection with individual sites or structures, or with sites or structures located in or adjacent to an HDO area. Such easements may grant to the HPC, the residents of the HDO area, and the general public the right to ensure that any site or any structure and surrounding property upon which the easement is applied is protected in perpetuity from changes which would affect its historic, archaeological, or architectural significance.
      (2)   In addition, the HPC shall have all the powers and authority enumerated in the Md. Code, Land Use Article, §§ 8.01 et seq., as presently codified and as may be amended from time to time.
   (E)   Criteria for designation as historic site, structure, or district.
      (1)   The County Commissioners may designate boundaries for sites, structures, or districts of historic, archaeological, or architectural significance consistent with adopted criteria for such designation.
      (2)   In considering any property for designation as a county historic site/structure/district, the reviewing agencies, boards, or commissions shall consider the following criteria:
         (a)   Historic, archaeological, and cultural significance.
            1.   The property has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation;
            2.   The property is the site of a historic event;
            3.   The property is identified with a person or group of persons who influenced society; or
            4.   The property exemplifies the cultural, economic, social, political, or historic heritage of the county and its communities.
         (b)   Architectural and design significance.
            1.   The property embodies the distinctive characteristics of a type, period, or method of construction or architecture;
            2.   The property represents the work of a master craftsman, architect, or builder;
            3.   The property possesses significant artistic value;
            4.   The property represents a significant and distinguishable entity whose components may lack individual distinction;
            5.   The property represents an established and familiar visual feature of the neighborhood, community, or county, due to its singular physical characteristics, landscape, or historical event; or
            6.   The property is a rare example of a particular period, style, material, or construction technique.
      (3)   The procedure for designation or expansion of HDO is as follows:
         (a)   Petitions for designation as a historic site or structure shall be initiated by the legal owners of the site or structure. Petitions for designation of an HDO District shall be initiated by the legal owners of a majority of the properties comprising the proposed district.
         (b)   Petitions for designation shall be filed with, and on forms provided by the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning Commission.
         (c)   The Planning Commission will refer the petition to the HPC and other appropriate agencies for comment. In addition, the Planning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning Commission's receipt of a referral of a petition from the Office of Administrative Hearings.
         (d)   Within 60 days of the receipt of its staff report and the comments of the HPC on the petition, the Planning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.
         (e)   Upon receipt of the recommendations of the Planning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the County Commissioners. The County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.
         (f)   Upon finding that a proposed designation or expansion meets the intent of this subchapter, and that such designation or expansion is in the general interest of the citizens of the county, the County Commissioners may designate or expand a historic site/structure/district and, if such a designation is made, shall cause the change in the HDO to be posted on the official County Zoning Map. After concluding a hearing on a petition, the County Commissioners shall issue its decision within 30 days of the hearing.
         (g)   If the decision of the County Commissioners is to make such designation, the County Attorney shall prepare an ordinance to effect that result within five days and the Zoning Administrator shall cause a change in the map within 30 days of the decision.
         (h)   The County Commissioners may extend the time limitations imposed by this section in its sole discretion.
      (4)   If the County Commissioners declines to designate a proposed, or expand an existing, historic site/structure/district, after a public hearing thereon, no new petition for designation or expansion for all or part of the same area may be filed within two years of the final decision by the County Commissioners.
      (5)   The HDO also applies to any property in the HDO District as of December 1, 1995, which is designated a Historic District.
   (F)   Removal of HDO designation.
      (1)   Petitions for removal of the HDO designation from a historic site or structure which is not located in an HDO District shall be initiated by the legal owners of such site or structure.
      (2)   Each petition for removal of the HDO designation from a portion of a Historic District shall be initiated by both the legal owners of a majority of the properties comprising the HDO District and by the legal owners of a majority of the properties comprising the area of proposed reduction.
      (3)   Petitions for removal of the HDO designation shall be filed with, and on forms provided by, the Office of Administrative Hearings. The Office of Administrative Hearings will refer the petition to the Planning Commission.
      (4)   The Planning Commission will refer the petition to the HPC and other appropriate agencies for comment. In addition, the Planning Commission will cause its staff to review the facts and relevant information concerning a petition and render a report thereon. The report shall be completed within 90 days of the Planning Commission’s receipt of a referral of a petition from the Office of Administrative Hearings.
      (5)   Within 60 days of the receipt of its staff report and the comments of the HPC on the petition, the Planning Commission shall review that report and give its recommendations and the report to the Office of Administrative Hearings.
      (6)   Upon receipt of the recommendations of the Planning Commission, the Office of Administrative Hearings shall schedule a hearing on the petition which must be held within 45 days of the receipt of those recommendations. The hearing shall be before the County Commissioners. The County Commissioners may extend the time for holding the hearing by advising the Office of Administrative Hearings that a time extension is necessary.
      (7)   If the County Commissioners find, after a public hearing on petition for removal, that the property continues to meet the intent of this section, the County Commissioners may reduce the HDO area by removing said part of the HDO and shall cause the change in the overlay to be posted on the official County Zoning Map.  After concluding a hearing on a petition, the County Commissioners shall issue their decision within 30 days of the hearing.
      (8)   If the decision of the County Commissioners is to make such reduction, the County Attorney shall prepare an ordinance to effect that result within five days, and the Zoning Administrator shall cause a change in the map within 30 days of the decision.
      (9)   If the County Commissioners find, after a public hearing on a petition for removal, that the property continues to meet the intent of this section, no new petition for removal for all or part of the same area may be filed within two years of the final decision by the County Commissioners.
      (10)   The County Commissioners may extend the time limitations imposed by this section in its sole discretion.
   (G)   Work permits.
      (1)   Prior to the construction, alteration, reconstruction, repair, moving, or demolition of any property in the HDO that would involve exterior changes which would affect the historic, archaeological, or architectural significance of such property, which is visible, or is intended to be visible, either wholly or partially, from a publicly maintained municipal, county, or state road or pathway, the person or entity proposing to make such change shall file with the HPC an application for permission to undertake the requested work and receive approval for the requested work from the Commission.
      (2)   Activities which require a HDO work permit include, but are not limited to:
         (a)   Repair or replacement of roofs, gutters, siding, masonry, external doors and windows, trim, lights, and other appurtenant fixtures, with different materials or different design;
         (b)   Removal or relocation of a building, structure, or object, or a visible portion thereof, including outbuildings;
         (c)   New construction or any enlargement, modification, or alteration of the exterior of an existing building, structure, or object which requires a building permit;
         (d)   Removal, replacement, or enclosure of porches;
         (e)   Basic alteration of materials, including installation of siding, shingles, or masonry facing;
         (f)   Removal or topping of healthy trees which are significant because of their substantial age or size, relationship to a historic structure or event, recognition as an important species, or identification as having unusual or unique character or form; or which have been identified in a survey or inventory of historic structures;
         (g)   Installation or removal of fencing or fence walls;
         (h)   Installation or removal of shutters;
         (i)   New paving, modification of paving materials, or removal of paving;
         (j)   Removal, installation, modification, or alteration of exterior architectural features;
         (k)   Exterior sandblasting, water blasting, other abrasive cleaning, or chemical cleaning; and
         (l)   First-time painting or permanent removal of paint.
      (3)   All applications for a HDO work permit shall be referred to and considered by the HPC which shall accept or reject the application. The Commission shall act upon a completed application within 45 days from the date that the completed application was filed with the Commission unless an extension of this 45-day period is agreed upon mutually by the applicant and the Commission or unless the application has been withdrawn. No permit for any such construction or change may be granted until the HPC has acted thereon. An application which is identical to the rejected application shall not be resubmitted within a period of one year after the rejection.
      (4)   Activities which do not require a HDO work permit are the following:
         (a)   Routine maintenance, as defined in Md. Code, Land Use Article, § 8.01;
         (b)   Tree trimming or ground vegetation control activities in the vicinity of electric and telephone wires when such work is necessary to the public safety and maintenance of service reliability and is performed by or for a utility according to American National Standards Institute A300 standards or other tree trimming and vegetation control standards set by agreement between the utility and a state or local governmental agency; or
         (c)   Performance of emergency work on overhead or underground public utility facilities, so long as the area in which such work is performed is returned to substantially the same condition as before performance of the work.
      (5)   If, after having first attempted to obtain an HDO work permit, the property owner can show that a modification or denial of the proposal will cause undue financial hardship, the property owner may apply for a variance pursuant to § 158.130. The burden of proof is on the property owner to prove that the failure to approve an HDO work permit will result in undue financial hardship or preclude any reasonable use of the property.
      (6)   All applications for an HDO work permit shall be reviewed by the HPC in accordance with the guidelines and criteria adopted pursuant to division (D)(1)(g) above. Pursuant to Md. Code, Art. 66B, § 8.07, interior features of a structure shall not be considered by the Commission. In addition, in reviewing applications filed under the provisions of division (G)(2) above, the HPC shall give consideration to:
         (a)   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;
         (b)   The relationship of the exterior architectural features of a structure to the remainder of the structure and to the surrounding area;
         (c)   The general compatibility of exterior design, scale, proportion, arrangement, texture, and materials proposed to be used;
         (d)   Any other factors, including aesthetic and environmental factors, which the Commission deems pertinent; and
         (e)   In cases of an application for work by a public utility company, the need for the work in order to meet Public Service Commission requirements or to meet public need.
   (H)   Appeals.  Any person aggrieved by any action or decision of the HPC has the right of appeal to the BZA for the county, which shall hold a hearing thereon, and thereafter to the Circuit Court for Carroll County in accordance with the Maryland Rules of Civil Procedure and in accordance with the provisions of Md. Code, Land Use Article.
(Ord. 2019-07, passed 12-12-2019)