For the purposes of this chapter the following
words and phrases shall have the meanings respectively ascribed to
them in this section:
ALTERATION
Any exterior change that would affect the historic, archaeological
or architectural significance of a designated site or structure, any
portion of which is visible or intended to be visible from a public
way, including but not limited to construction, reconstruction, moving
or demolition.
APPURTENANCES AND ENVIRONMENTAL SETTINGS
Include but are not limited to walkways and driveways (whether
paved or not), trees, landscaping, pasture, cropland, waterways and
rocks. When used in this chapter, the word "structure" shall also
be determined to include the words "appurtenances and environmental
settings."
CERTIFICATE OF APPROVAL
The official form indicating the Historic Preservation Commission's
affirmative action on a request to alter, repair, modify, renovate,
construct, demolish or otherwise alter all or a portion of a historically
designated property or structure.
DEMOLITION
Includes any willful neglect in maintenance and repair of
a structure, not including any appurtenances and environmental settings,
that does not result from financial inability to maintain and repair
the structure and that threatens to result in any substantial deterioration
of the exterior features of the structure.
EXTERIOR FEATURES
The architectural style, design and general arrangement of
the exterior of a historic structure which includes appurtenances
and environmental settings, including the color, nature and texture
of building material and the type and style of all windows, doors,
light fixtures, signs or similar items found on or related to the
exterior of a historic structure.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of sites,
structures or objects united historically, architecturally, archaeologically,
culturally, or aesthetically by plan or physical development, the
preservation of which is deemed to be for the educational, cultural,
economic and general welfare of the inhabitants of Bel Air. A historic
district shall include all property within its boundaries as defined
and designated by resolution of the Board of Town Commissioners.
ROUTINE MAINTENANCE
Work that does not alter the exterior fabric or features
of a site, structure, or appurtenances and environmental settings
and has no material effect on the historic, archaeological or architectural
significance of the historic site or structure.
SITE
The location of an event of historic significance or of a
structure, whether standing or ruined, which possesses historic, archaeological
or cultural significance.
STRUCTURE
A combination of material to form a construction that is
stable, including but not limited to stadiums, reviewing stands, platforms,
staging, observation towers, radio towers, buildings, water tanks
and towers, trestles, bridges, piers, paving, bulkheads, wharves,
sheds, coal bins, shelters, fences and display signs, visible or intended
to be visible from a public way. The term "structure" shall be construed
as if followed by the words "or part thereof."
[Amended 11-16-2009 by Ord. No. 728-09]
The Historic Preservation Commission is authorized and empowered,
after consultation with the Department of Planning and Community Development
of the Town of Bel Air, and upon making full and proper study, to
recommend any property, structure or area within the limits of the
Town of Bel Air as a proposed historic site, structure or district
and to determine the boundary lines of any such site, structure or
district. The Historic Preservation Commission shall prepare a resolution
setting forth its recommended designation of a site, structure or
district as historic and shall cause such resolution to be introduced
to the Board of Town Commissioners for appropriate action. No property,
structure or area shall be deemed to be an historic site, structure
or district unless and until it has been so designated by a resolution
of the Board of Town Commissioners. The process for designation is
as follows:
A. The criteria for designation as an historic site, structure or district
is as follows:
(1)Â The Historic Preservation Commission shall conduct a public hearing
to consider designation of a site, structure or district In determining
its recommendation for such designation, the Commission shall consider
the significance of this site, structure or area in local, regional
or American history.
(2)Â In evaluating historical significance, the Commission shall determine
whether the site, structure or area is associated with events that
have made a significant contribution to the broad pattern of our history,
or whether the site, structure or area is associated with the lives
of persons significant in the Town's past.
(3)Â In considering architectural significance, the Commission shall determine
whether the site, structure or area embodies distinctive characteristics
of a type, period or method of construction, or represents the work
of a master or possesses high artistic values or represents a significant
and distinguishable entity whose components may lack individual distinction.
The Commission shall also consider the integrity of design, setting,
materials and workmanship of the site structure or area.
(4)Â In considering archeological significance, the Commission shall determine
whether the site, structure or area has yielded or may be likely to
yield information important in history or prehistory.
B. At least 10 days prior to a scheduled public hearing, the Historic
Preservation Commission shall send written notice of the date, time
and place of the hearing to the owner(s) of the proposed historic
site, structure or area and to those agencies, organizations and citizens
which the Commission determines may have an Interest In the proceedings.
Further, the historic site, structure or area's property shall be
posted at least 14 days prior to the scheduled public hearing with
a sign identifying the historic site, structure or area and listing
the date, time and place of the public hearing and giving instructions
for obtaining further information. A notice of the time and place
of the public hearing shall be posted in a newspaper of general circulation
in the jurisdiction at least seven days prior to the public hearing.
If an application for historic site designation has been filed, the
Commission shall schedule a public hearing and make public its decision.
Within 45 days after the filing of an application or, in the event
the record is left open by the Commission, within 15 days after the
close of the record, the Commission shall make Its decision public.
No record shall be held open for longer than seven calendar days,
without the consent of the applicant The time period for Commission
action may be extended with the written consent of the applicant.
C. Upon completion of the public hearing process, the Historic Preservation
Commission shall determine whether the site, structure or area should
be designated as historic. If the decision is favorable, the Historic
Preservation Commission shall submit its recommendation to the Bel
Air Board of Town Commissioners including its specific reasons for
recommendation and provide the Board of Town Commissioners with a
proposed resolution for designation of a site, structure or district
as historic. The Board of Town Commissioners shall consider approval
or denial of the proposed resolution for designation of a site, structure
or district based on the Historic Preservation Commission recommendation.
In addition to the authority to recommend areas
for historic preservation designation, the Historic Preservation Commission
shall have the following powers and duties:
A. To acquire, develop and preserve historic or cultural
properties, buildings, fixtures, furnishings, facilities, collections
and appurtenances, with approval of the Board of Town Commissioners.
B. To acquire and hold real and personal property of
historic or cultural significance by purchase, gift, devise or bequest
and to preserve and administer such properties, with approval of the
Board of Town Commissioners.
C. To accept gifts, grants, legacies, bequests and endowments for any purpose, with approval of the Board of Town Commissioners, as set forth in §Â
246-1 hereof.
D. To accept or otherwise acquire historic preservation
easements on properties located in or adjacent to a locally designated
historic district upon approval by the Board of Town Commissioners.
E. To direct studies, reports and surveys to identify
historical, archaeological or architecturally significant sites, structures
and districts that exemplify the cultural, social, economic, political
or architectural history of the Town of Bel Air, State of Maryland
or the nation.
F. To prescribe appropriate rules and regulations for
the transaction of business.
G. To adopt rehabilitation and new construction design
guidelines and criteria for construction, alteration, reconstruction,
moving and/or demolition of structures and/or districts consistent
with those generally recognized by the Maryland Historic Trust. These
guidelines shall be used by the Historic Preservation Commission in
review of applications.
H. To perform all the functions and duties as set forth
in Article 66B, § 8.01 et seq. of the Maryland Annotated
Code, as amended from time to time.
I. To undertake any action or activity necessary or appropriate
to the implementation of its powers and duties and the implementation
of the purpose of this chapter.
The Historic Preservation Commission may designate
the Maryland Historical Trust to make an analysis of and report recommending
the preservation of sites, structures, or districts of historic, archaeological,
architectural, or cultural significance within the Town of Bel Air.
The report may include proposed boundaries of sites, structures, or
districts, as well as recommendations for the identification and designation
of particular sites, structures, or districts to be preserved.
[Amended 11-16-2009 by Ord. No. 728-09; 10-3-2022 by Ord. No. 810-22]
Any party aggrieved by a decision of the Historic
Preservation Commission has the right to appeal to the Bel Air Board
of Appeals as authorized by the Land Use Article of the Annotated
Code of Maryland. An appeal to the Board of Appeals shall be taken
in accordance with Article V of the Town of Bel Air Development Regulations.
Appeals must be filed within 30 days from the date of the Historic
Preservation Commission's decision.
All meetings of the Historic Preservation Commission
shall be open to the public. Any interested person or his representative
is entitled to appear and be heard by the Historic Preservation Commission
before it reaches a decision on any matter. The Historic Preservation
Commission shall keep an open record of its resolutions, proceedings,
and actions which shall be kept available for a period of three years
for public inspection during reasonable business hours.
The Historic Preservation Commission shall have
the authority to prescribe appropriate rules and regulations in order
to carry out the purpose and intent of this chapter.
[Amended 11-17-2008 by Ord. No. 715-08]
A violation of this chapter shall be deemed a municipal infraction punishable as provided in Chapter
1, Article
II of this Code. Each and every day that the violation continues shall be deemed a separate offense. Violations and fees shall be cumulative.