Chapter 93

HISTORIC AREA ZONING

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 11-9-1983 as Ord. No. 4-83. Amendments noted where applicable.]

GENERAL REFERENCES

Planning Commission -- See Ch. 25.

Building construction -- See Ch. 57.

Property maintenance standards -- See Ch. 135.

Streets and sidewalks -- See Ch. 145.

Subdivision of land -- See Ch. 148.

Zoning -- See Ch. 170.

~ 93-1. Regulation of structures, appurtenances and environmental settings of structures with historic and/or architectural value.

The Mayor and Council of the Town of Chestertown, based upon facts known and ascertainable, does hereby recognize the legitimate public purpose of historic area zoning for Chestertown. The power to regulate structures, appurtenances and environmental settings of structures of historic and/or architectural value is granted to the Town of Chestertown, subject to local enactment and public hearing requirements, by ~~ 8.01 through 8.15, of the Annotated Code of Maryland, as amended and in force on August 1978, and House Bill No. 421, Ch. 423 of the 1977 Laws of Maryland.

A. The Mayor and Council of the Town of Chestertown by this chapter and its provisions will regulate the construction, alteration, reconstruction, moving and demolition of such structures, their appurtenances and environmental settings within the district(s) set forth in the area of Chestertown designated by this chapter as the Historic District.

B. The Mayor and Council of the Town of Chestertown by this chapter prohibits the willful neglect in the maintenance and repair of an income-producing structure within the Historic District of the town.

~ 93-2. Purpose.

The purpose of this chapter shall be to safeguard the heritage of the municipal corporation by preserving the district therein which reflects elements of its cultural, social, economic, political or architectural history; to stabilize and improve property values in such a district; to foster civic beauty; to strengthen the local economy: and to promote the use and preservation of Historic Districts for the education, welfare and pleasure of the residents of the county or of the municipal corporation.

~ 93-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPURTENANCES and ENVIRONMENTAL SETTINGS -- Include walkways and driveways, whether paved or not, trees, landscaping and rocks.

DEMOLITION -- Includes any willful neglect in maintenance and repair of a structure, not including any appurtenances or environmental settings, held or used in a trade or business or for the production of income that does not result from a financial inability to maintain and repair the structure and that threatens to result in any substantial deterioration of the exterior features of the structure. "Demolition" shall also mean to tear down or to raze.

ORDINARY MAINTENANCE -- Includes any work for which a building permit is not required by law, the purpose and effect of such work being to correct any deterioration or decay of or damage to a structure or any part thereof and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage. A replacement that necessitates a change in material, though not a change in appearance, shall require a certificate of Historic District Commission approval. Activities considered as "ordinary maintenance" include, but are not limited to, repainting and exact replacement of rotted or deteriorated materials. The painting of materials with their own unaltered natural colors, such as stone, brick or unpainted wooden shingles, however, shall require approval by the Historic District Commission.

STRUCTURE -- A combination of materials to form a construction that is stable, including, among other things, buildings, stadiums, reviewing stands, platforms, stagings, observation towers, radio towers, water tanks and towers, trestles, piers, paving, bulkheads, wharves, sheds, coal bins, shelters, fences and signs as defined in the Chestertown Zoning Ordinance. The term also includes natural land formations and appurtenances and environmental settings. The term shall be construed as if followed by the words "or part thereof."

~ 93-4. Historic District established; section boundaries designated.

The Historic District shall consist of two (2) sections as follows:

A. The description of the first section is the following: beginning for the same at a point at the intersection of the division line between Parcel No. 4 of the lands of Kibler's Marina, Inc., (see E.H.P. 81/132) and the lands of Franklin L. Mench (see W.H.G. 55/274), with the approximate mean high-water line of the Chester River; thence, leaving said beginning point so fixed and binding on the aforesaid division line, in a northerly direction to a point on the southernmost side of Front Street: thence, crossing said Front Street (also known as "Water Street"), to a point at the intersection of the division line between the lands of Eugene H. Johnstone (see E.H.P. 85/841) and the lands of Carolyn Miller (see E.H.P. 8/111) with the northernmost side of Front Street: thence, leaving said point and binding on the aforementioned division line, in a northerly direction to a point; thence, leaving said point and binding northerly, to the point of intersection of the division line between the lands of the Town of Chestertown (see E.H.P. 113/313 and E.H.P. 123/189) and the lands of others with the easternmost side of Railroad Avenue; thence, leaving said point and binding on the easternmost side of the aforesaid Railroad Avenue, to a point intersecting the northeasternmost rail to the Penn Central Railroad: thence, leaving said point and binding on the northeastern most rail of the aforesaid railroad, in a northerly direction to a point at the intersection of the aforesaid rail with the center line of College Avenue Extended; thence, leaving said point and binding on the center line of College Avenue, north 40° 18 FT 36 IN east 1,291 feet, more or less, to a point; thence, leaving said point and said College Avenue and binding on the easternmost outline of the herein described Historic District, the following four (4) courses and distances: south 48° 19 FT 52 IN east 1,200.74 feet to a point intended to be at the intersection of the southeasternmost corner of the lands of George A. Pletzer (see E.H.P. 38/373) with the northernmost side of Mill Street; thence south 69° 49 FT 40 IN east 751 feet to a point in the curb of Philosospher's Terrace at the entrance to Maryland National Bank; thence north 81° 53 FT 24 IN east 808.08 feet to a point on the bridge in Queen Street and south 60° 02 FT 16 IN east 294 feet, more or less, to a point at the intersection of the northernmost side of an existing stream with the approximate mean highwater line of the Chester River; thence, binding on the approximate mean high-water line of the aforesaid Chester River, in a general southwesterly direction to the place of beginning.

B. The second section of the Chestertown Historic District will include part of the lands of Washington College acquired by the Kent County Free School in the year 1723. Only the following buildings on the Washington College Campus of nineteenth century origin and those buildings of the Georgian style erected in this century will come under the jurisdiction of this chapter: West Hall, Middle Hall, East Hall, Dunning Hall, George Avery Bunting Hall, William Smith Hall, Reid Hall and Minta Martin Hall.

~ 93-5. Historic District Commission; designation of Maryland Historical Trust.

A. Creation; membership: terms; vacancy. The Mayor and Town Council hereby creates a commission to be called the "Historic District Commission." The Commission shall have a membership of seven (7) persons, all of whom are qualified by a special interest, knowledge or training in such fields as history, architecture, preservation or urban design and agree to serve on this Commission and all of whom are residents of the Town of Chestertown. The Mayor appoints and the appointments must be confirmed by a majority of the Council. The members shall be appointed for terms of three (3) years each, except that in making the initial appointments, some appointments shall be established for less than three (3) years in order that, as these initial terms expire, all shall not expire at the same time. Members of the Commission are eligible for reappointment. Any vacancy on the Commission shall be filled by the appointing authority for the unexpired term of the particular position. The Commission shall have the right to accept and use gifts for the exercise of its functions. The Commission has the right to adopt rules and regulations necessary for the conduct of its business.

B. Maryland Historical Trust. The Maryland Historical Trust may be designated by the Commission to make an analysis of and recommendation concerning the preservation of structures of historical and architectural value within the area served by the Commission. Such report may include proposed boundaries of districts and the uses recommended to be permitted in the districts as well as identify and designate particular structures recommended to be preserved.

~ 93-6. Purchase of architectural easements; effect of purchase.

The Commission may purchase architectural easements in connection with structures located in or adjacent to the Historic District. Such easement shall grant to the Commission, the residents of the Historic District and the general public the perpetual right to have the exterior appearance of any structure upon which it is applied retained in substantially the same character as when the easement took effect.

~ 93-7. Activities requiring permission; application and contents. [Amended 3-6-1995 by Ord. No. 1-95]

Before the construction, alteration, reconstruction, moving or demolition of any structure is made within the sections set forth in ~ 93-4 of this chapter, if any changes are involved which would affect the exterior appearance of a structure visible or intended to be visible from an adjacent public way, the person, individual, firm or corporation proposing to make the construction or change shall file with the Commission an application for permission to build, alter, reconstruct, move, demolish or make the addition. Every such application shall be referred to and be considered by the Historic District Commission and accepted or rejected by the Commission. Failure to supply the Commission with a complete and specific description of the intended changes, including but not limited to architectural renderings, material lists and site plans and such other reasonable requirements of the Commission, may be grounds for denial of the application. No permit for any such change may be granted until the Commission has acted thereon as hereinafter provided.

~ 93-8. Demolition by neglect.

Neither the owner nor the person in charge of property which is held or used in a trade or business or for the production of income within the Historic District of the town, as defined by this chapter, shall permit such structure to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the Town Building Official after consultation with the Historic Commission a detrimental effect upon the character of the district as a whole or the life and character of the structure in question, including, but not limited, to the following:

A. The deterioration of exterior walls or other vertical supports.

B. The deterioration of roofs and other horizontal members.

C. The deterioration of exterior chimneys.

D. The deterioration or crumbling of exterior plaster or mortar.

E. The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.

F. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

~ 93-9. Factors considered when reviewing plans proposing construction or structural change.

In reviewing the plans for any such construction or change, the Commission shall give consideration to the historical or architectural value and significance of the structure and its relationship to the historical value of the surrounding area; the relationship of the exterior architectural features of the structure to the remainder of the structure and to the surrounding area; the general compatibility of exterior design, arrangement, texture and materials proposed to be used; and any other factors, including aesthetic factors, which the Commission deems to be pertinent.

~ 93-10. Consideration of exterior features only.

The Commission shall consider only exterior features of a structure and shall not consider any interior arrangements. Also, the Commission shall not disapprove an application except with respect to the several factors specified in ~ 93-9 of this chapter.

~ 93-11. Judgment of plans; limitations on architectural style.

The Commission shall be strict in its judgment of plans for those structures deemed to be valuable according to studies performed for districts of historical or architectural value. The Commission shall be lenient in its judgment of plans for structures of little historical value or for plans involving new construction, unless such plans would seriously impair the historical or architectural integrity of the surrounding area. The Commission is not required to limit new construction, alteration or repairs to the architectural style of any one (1) period.

~ 93-12. Preservation of structures of unusual importance; time limit for negotiations for preservation; application renewal upon rejection.

A. If an application is submitted for reconstruction or alterations affecting the exterior appearance of a structure or for the moving or demolition of a structure, the preservation of which the Commission deems of unusual importance to the municipal corporation or unusual importance to the entire state or nation, the Commission shall attempt with the owner of the structure to formulate an economically feasible plan for the preservation of the structure. Unless in these circumstances the Commission is satisfied that the proposed construction, alteration or reconstruction will not materially impair the historical value of the structure, the Commission shall reject the application for reconstruction or alteration and file a copy of its rejection with the person designated by the Mayor and Council of the Town of Chestertown.

B. If an application is submitted for reconstruction, alteration or moving or demolition of a structure that the Commission deems of unusual importance and no economically feasible plan can be formulated, the Commission shall have ninety (90) days from the time it concludes that no economically feasible plan can be formulated to negotiate with the owner and other parties in an effort to find a means of preserving the building.

C. An application for any such reconstruction or alteration, if rejected, shall not be renewed within a period of one (1) year after the rejection.

~ 93-13. Approval of applications for reconstruction, alteration or demolition despite architectural value.

In the case of a structure deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the Commission may approve the proposed demolition, reconstruction or alteration despite the fact the changes come within the provisions of ~~ 93-11 and 93-12 of this chapter if the structure is an impediment to a major improvement program which will be of substantial benefit to the town, if retention of the structure would cause undue financial hardship to the owner or if the retention of the structure would not be to the best interests of a majority of persons in the community.

~ 93-14. Meetings; records open to public inspection.

All meetings of the Commission shall be open to the public. Any interested person or his representative is entitled to appear and be heard by the Commission before it reaches a decision on any matter. The Commission shall keep an open record of its resolutions, proceedings and actions, which record shall be kept available for public inspection during reasonable business hours.

~ 93-15. Certificates of approval, modification or rejection; filing; automatic approval.

A. Should a request for a certificate of approval be denied by the Commission, the Commission shall, within ten (10) days, notify the applicant, in writing, of the Commission's decision. The reasons for the denial of the application shall be placed in the text of such written communication.

B. The Commission shall file with the official designated by the town a certificate of its approval, modification or rejection of all applications and plans submitted to it for review. Work shall not be commenced on any such project until such a certificate of approval has been filed, and the Zoning Administrator shall not issue a building permit for such change or construction unless and until he has received such a certificate of approval. The applicant, owner, lessee or tenant of the property and premises shall not commence the proposed work or change until and unless he or it has received such a certificate of approval from the town. The failure of the Commission to act upon an application within forty-five (45) days from the date the application was filed shall be deemed to constitute automatic approval of the proposed changes, unless an extension of this forty-five-day period is mutually agreed upon by the applicant and the Commission or the application has been withdrawn.

~ 93-16. Commission review procedures unnecessary for work and repairs considered ordinary maintenance.

Nothing in this chapter shall be taken or construed to prevent work and repairs on any structure coming under the heading of ordinary maintenance.

~ 93-17. Right of appeal.

Any person or persons, firm or corporation aggrieved by a decision of the Historic District Commission has a right of appeal therefrom to the Circuit Court for Kent County, Maryland.

~ 93-18. Enforcement provisions; violations and penalties.

A. Enforcing officer designated. It shall be the duty of the Zoning Administrator to enforce the provisions of this chapter and to refuse to issue any permit for any building or for the use of any premises which would violate any of the provisions of this chapter. It shall also be the duty of all officers and employees of the town to assist the enforcing officer by reporting to him any seeming violation in new construction or reconstruction or in the use of land or buildings.

B. Violation and penalty provisions.

(1) In the case where any building is erected, constructed, reconstructed, altered, repaired or converted or any building or land is used in violation of this chapter, the Administrator is authorized and directed to institute appropriate action to put an end to such violation. The Administrator is authorized to halt any work in progress if such work is being done not in accordance with the Historic District Commission's certificate of approval.

(2) Any person or corporation which shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a municipal infraction and shall be liable to a fine as set forth in ~ C11-4B of the Charter. Each day that such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith who has assisted in the commission of any such violation shall be guilty of a separate offense and, upon conviction thereof, shall be fined as hereinbefore provided.