(A) Applicability. This section applies to:
(1) All applications for Type 1 site plans, preliminary plans, grading plans, individual zoning map amendments, floating zone reclassifications, concept plans, and sketch plans (hereinafter a "Plan" or "Plans") that include a proposal to move or demolish all or a portion of a non-designated site or structure that is 50 years old or older, whichever Plan is submitted first.
(2) Any revised Plan that includes a proposal to move or demolish all or a portion of a non-designated site or structure that is 50 years old or older, whichever Plan is submitted first.
(3) An application (that does not involve any of Plan or Plans described in subsection (A)(1) above) submitted to the Department of Permits and Inspections for the moving or demolition of all or a portion of a non-designated site or structure that is 50 years old or older.
(B) Assessment of significance.
(1) If a Plan or application is submitted for the moving or demolition of all or a portion of a non-designated site or structure that is 50 years old or older, the Plan or application will be forwarded to Historic Preservation staff to determine whether the site or structure has historical, cultural, architectural, or archaeological significance. A property has historical, cultural, architectural, or archaeological significance if it meets the criteria in § 1-23-6(B) above. If no significance is determined, the Plan or application for moving or demolition of all or a portion of the site or structure may move forward. If the site or structure is determined to be significant, Historic Preservation staff shall forward the Plan or application to the Commission for review and recommendation.
(2) If the Commission considers the preservation of the site or structure to be of unusual historic value to Frederick County, the state, or the nation, the Commission or their designee shall attempt to formulate an economically feasible plan with the owner(s) of the site or structure, who will act in good faith, for the preservation of the site or structure.
(3) If a Plan or application is submitted for the moving or demolition of a site or structure that the Commission considers to be of unusual historic value and no economically feasible plan can be formulated, the Commission or their designee shall have 90 days, from the time it concludes that no economically feasible plan can be formulated, to negotiate with the owner and other parties in good faith in an effort to find a means of preserving the site or structure. If no means of preserving the site or structure is agreed upon, the Plan or application shall be approved unless a petition for designation has been filed with the Division in accordance with § 1-23-6(C). If the County Council votes favorably and the property is designated to the Frederick County Register of Historic Places, the Plan or application shall be reviewed under § 1-23-7.
(C) Special merit exception. Even if a non-designated site or structure that is 50 years old or older is considered to be valuable for its historic, cultural, archaeological, or architectural significance, the Commission may approve a Plan or application that proposes moving or demolition of the site or structure if:
(1) The site or structure is a deterrent to a major improvement program that will be of substantial benefit to the local jurisdiction; or
(2) The retention of the site or structure would:
(a) Cause undue financial hardship to the owner; or
(b) Not be in the best interests of a majority of persons in the community.
(Bill No. 24-01, 4-16-2024)