§ 24A-1. Purpose.
§ 24A-2. Definitions.
§ 24A-3. Master plan for historic preservation; criteria to amend the plan.
§ 24A-4.
Historic Preservation Commission.
§ 24A-5. Commission powers and duties.
§ 24A-6. Historic area work permits-Generally.
§ 24A-7. Historic area work permits-Application procedures; appeals.
§ 24A-8. Same-Criteria for issuance.
§ 24A-9. Demolition by neglect.
§ 24A-10. Moratorium on alteration or demolition.
§ 24A-11. Violations and penalties.
§ 24A-12. Severability.
§ 24A-13. Historic preservation easement program.
Notes
| 1 | *Editor’s note—Chapter 24A is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011). Cross reference—Historic preservation tax credit, § 52-41 et seq. |
It is the purpose of this chapter to provide for the identification, designation and regulation, for purposes of protection, preservation and continued use and enhancement, of those sites, structures with their appurtenances and environmental settings, and districts of historical, archeological, architectural or cultural value in that portion of the county which is within the Maryland-Washington Regional District. Its further purpose is to preserve and enhance the quality of life in the county, safeguard the historical and cultural heritage of the county, strengthen the local economy, stabilize and improve property values in and around such historical areas, foster civic beauty and to preserve continued utilization and pleasure of the citizens of the county, the state, and the United States of America. (Ord. No. 9-4, § 1; Ord. No. 11-59.)
For the purposes of this Chapter, the following words and phrases have the following meanings:
Appurtenances and environmental setting: The entire parcel, as of the date on which the historic resource is designated on the master plan, and structures thereon, on which is located an historic resource, unless reduced by the District Council or the commission, and to which it relates physically and/or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), vegetation (including trees, gardens, lawns), rocks, pasture, cropland and waterways.
Board: The County Board of Appeals of Montgomery County.
Commission: The historic preservation commission of Montgomery County as described hereinafter.
Demolition by neglect: The failure to provide ordinary and necessary maintenance and repair to an historic site or an historic resource within an historic district, whether by negligence or willful neglect, purpose or design, by the owner or any party in possession of such a site, which results in any of the following conditions:
(a) The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(b) The deterioration of exterior walls, roofs, chimneys, windows, the lack of adequate waterproofing or deterioration of interior features or foundations which will or could result in permanent damage, injury or loss of or to the exterior features.
Director: The Director of the Department of Permitting Services, or the Director's designee.
Exterior features: The architectural style, design and general arrangement of the exterior of an historic resource, including the color, 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 an historic resource.
Historic district: A group of historic resources which are significant as a cohesive unit and contribute to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.
Historic resource: A district, site, building, structure or object, including its appurtenances and environmental setting, which is significant in national, state or local history, architecture, archeology or culture. This includes, but is not limited to, all properties on the "Locational Atlas and Index of Historic Sites in Montgomery County."
Historic site: Any individual historic resource that is significant and contributes to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.
Permit: An historic area work permit issued by the Director authorizing work on an historic site or an historic resource located within an historic district.
Planning Board; The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.
Preservation easement means an easement held by the County to protect, maintain, or otherwise conserve an historic resource. (Ord. No. 9-4, § 1; 1989 L.M.C., ch. 4, § 1; Ord. No. 11-59; Ord. No. 13-37, § 1; Ord. No. 13-114, § 1; Ord. No. 14-38, § 1; 14-51, § 1.)
(a) As part of the general plan for the physical development of that portion of the county within the Maryland-Washington Regional District, there shall be prepared, adopted and approved a master plan for historic preservation which shall constitute an amendment to the general plan for the Maryland-Washington Regional District. Such plan shall designate historic sites and historic districts and describe their boundaries; it shall propose means for the integration of historic preservation into the planning process; and it shall suggest other measures to advance the goals of historic preservation.
(b) In considering historic resources for designation as historic sites or historic districts, the planning board 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 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 county 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; or
e. Represents an established and familiar visual feature of the neighborhood, community or county due to its singular physical characteristic or landscape.
(c) (1) Within 4 years from the date the District Council designated an individual historic resource, the District Council may approve an amendment to the Master Plan for Historic Preservation if:
(A) when the resource was designated as an individual historic site, it was recommended as part of a historic district by the Planning Board but was not recommended by the Board for designation as an individual historic site; and
(B) when the resource was recommended for inclusion in a historic district, the notice given to the subject property’s owner by the Historic Preservation Commission or the Planning Board indicated that the resource might be included in a historic district but did not indicate the possibility of an individual site designation.
(2) After advertising and holding a public hearing, the District Council may:
(A) vacate the District Council’s previous action to designate the resource as an individual site;
(B) include the resource within the boundary of the historic district; or
(C) affirm the District Council’s previous action.
(3) Any change to the Master Plan for Historic Preservation under this subsection must be transmitted to the Maryland-National Capital Park and Planning Commission for its adoption. (Ord. No. 9-4, § 1; Ord. No. 11-59; Ord. No. 16-60, § 1.)
Editor’s note—Section 24A-3 is cited in Montgomery Preservation, Inc. v. Montgomery County Planning Board, 197 Md. App. 388, 14 A.3d 1 (2011).
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