§ 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.)
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