(A) Designation. The county governing body may designate boundaries for landmarks, sites, structures, or districts of historic, cultural, archaeological, or architectural significance after a public hearing thereon, consistent with adopted criteria for such designation.
(B) Criteria for designation. In considering any property for designation to the Frederick County Register of Historic Places, the reviewing agencies, boards, or commissions shall consider the following criteria.
(1) Historic, archaeological, and cultural significance:
(a) The property has significant character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation;
(b) The property is the site of an historic event;
(c) The property is identified with a person or group of persons who influenced society; or
(d) The property exemplifies the cultural, economic, social, political, or historic heritage of the county and its communities.
(2) Architectural and design significance:
(a) The property embodies the distinctive characteristics of a type, period, design style, or method of construction of landscape architecture, engineering, public art, or architecture;
(b) The property represents the work of a master craftsman, architect, landscape architect, engineer, artist, or builder;
(c) The property possesses significant artistic value;
(d) The property represents a significant and distinguishable entity whose components may lack individual distinction;
(e) 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
(f) The property is a rare example of a particular period, style, material, or construction technique.
(C) Procedure for petitioning for designation.
(1) Petitions for designation or expansion shall be filed with, and on forms provided by, the Frederick County Division of Planning and Permitting ["Division"].
(2) The Division shall refer the petition to the Historic Preservation Commission to determine if the property contained in the petition meets the requirements for historic designation. The Division shall also notify other appropriate agencies for comment.
(3) A petition for a proposed individual landmark shall be filed by, or with the written consent of, the legal owner of such landmark.
(4) A petition for a proposed historic district shall be filed by a legal owner or owners of property within the district.
(5) (a) The Historic Preservation Commission, in a public meeting, shall determine if the property contained in the petition meets the requirements for historic designation as set forth in this section. If the requirements are so met, the Historic Preservation Commission shall recommend historic designation to the county governing body. Legal property owners within a proposed historic district shall be notified of the nomination by certified mailing.
(b) The recommendation for an historic district shall proceed to the county governing body if, within 60 days of the Historic Preservation Commission finding, concurrence is obtained from both:
1. Owners of at least 51% of the assessed valuation of the real property located within the proposed historic district; and
2. At least 51% of the owners of the real property located within the proposed historic district.
(c) In determining the owner(s) of real property for purposes of this section:
1. Multiple owners of a single parcel are treated as 1 owner; and
2. A single owner of multiple parcels is treated as 1 owner.
(6) If a property or district within Frederick County shall be deemed by the Historic Preservation Commission to possess unusual historic value to the citizens of Frederick County, the Historic Preservation Commission may initiate a petition for historic designation. In this instance, the petition shall first be sent to the Maryland State Historic Preservation Officer for their concurrence that said property has unusual historic value. If the Maryland State Historic Preservation Officer does concur with the Historic Preservation Commission, then the petition shall proceed to the county governing body. A petition for designation of an area of unusual historic value shall require a favorable vote of the County Council to receive historic designation.In making their determination, the County Council shall consider whether the property owner(s) concur on the designation, along with any information provided by the property owner(s) regarding their ability to comply with the provisions of this chapter, in the event that their property is designated.
(D) Limitations on filing of petitions. If the county declines to designate a property proposed for designation, the identical petition for designation may not be refiled within 1 year of the final decision by the county. If the county declines to expand the boundary of a previously designated historic property, a petition for expansion which is identical to the rejected petition may not be refiled within 1 year of the final decision by the county.
(Ord. 97-16-194, 12-2-1997; Ord. 14-23-678, 11-13-2014; Bill No. 24-01, 4-16-2024)