HISTORIC PRESERVATION COMMISSION ORDINANCE FOR THE WASHINGTON VIEW HERITAGE AREA

Purpose and Intent:

It is hereby declared a matter of public policy that the protection, enhancement, perpetuation, and use of improvements or sites of special character or special architectural or historic interest or vale is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of the Historic Preservation Commission shall be to:

  1. Safeguard the heritage of the county by advocating for the preservation of sites, structures, or districts which reflect the elements of its cultural, social, economic, political, archaeological, and architectural history.
  1. Stabilize and improve values of such sites, structures and districts.
  1. Foster civic beauty.
  1. Strengthen the local economy.
  1. Promote the preservation and appreciation of the sites, structures and districts for the welfare and education of the citizens of the county.
  1. Improve and enhance the visual and aesthetic character of the area.
  1. Educate the public regarding the need and desirability of a Heritage Area historic preservation program and its enhancement of the quality of life.
  1. Protect and enhance the Heritage Area’s attractions to residents, tourist, and visitors and serve as a support and stimulus to business and industry.

Definitions:

  1. Alteration : any act or process which changes one (1) or more of the exterior architectural features of a designated structure for preservation or district for preservation.
  1. Concept of integrity : the ability of a structure or district to be recognized as belonging to its particular time and place in Prince George’s history. The integrity of the structure or district means that it reflects its original time and place.
  1. Concept of significance : the idea that a structure or district is important to the history, architecture or geography of the city and thus makes a special contribution to

the Washington View distinctive character.

  1. Contributing : a structure in a district:
  1. That was designated as contributing in the ordinance establishing the district;
  1. That was not designated as either contributing or noncontributing in the ordinance

establishing the district, but which adds to the historical or architectural qualities of the district, was present during the period of significance and is recognizable as having been present during the period of significance because it retains its physical integrity; or

  1. That is so designated by the commission because no period of significance and no

other means for designating contributing structures was specified in the ordinance

establishing a district for preservation, and the structure adds to the historical or architectural qualities of the district, retains its physical integrity, and was built at least thirty (30) years prior to the determination by the commission that it is a contributing structure.

  1. District : any structure or improvement and its surrounding environs or a group of structures or improvements or both, and their surrounding environs.
  1. Exterior architectural feature : the architectural style, design, general arrangement and components of all the outer surfaces of a structure or improvement, including but not limited to the color, texture, materials, type and style of all windows, doors, lights, signs and other fixtures appurtenant to the structure or improvement.
  1. Historic context (historic framework) : an organizing framework for interpreting history that clusters information about historic structures that share a common theme, common geographical area, and a common time period. The historic context is necessary to determine whether the characteristics and associations of a particular structure or district are significant.
  1. Improvement : any building, structure, place, work of art or other object

constituting a physical betterment of real property or any part of such betterment.

  1. Noncontributing : a structure in a district:
  1. That was designated as noncontributing in the ordinance establishing the district ; or
  1. That was not designated as contributing in the ordinance establishing the district, and which does not add to the historical or architectural qualities of the district, was not present during the period of significance or because of alterations or deterioration it has lost its physical integrity.
  1. Period of significance : the time period during which a structure or district gained its architectural, historical or geographical importance. A district’s period of significance may cover a longer period of time than a structure’s, in order to encompass the period during which the district developed.
  1. Physical integrity : the ability of a structure or district to convey its historic and architectural significance. To have physical integrity means that a structure or district can be recognized as belonging to its particular time and place in Prince George’s history. The seven qualities that, in various combinations, define integrity are:
  1. Location: The place where the historic structure was constructed or the place where the historic event occurred.
  1. Setting: The physical environment of a historic structure.
  1. Design: The combination of elements that create the form, plan, space, structure, and style of a structure.
  1. Materials: The physical elements that were combined or deposited during a particular period of time in a particular pattern or configuration to form a historic structure.
  1. Workmanship: The physical evidence of a particular culture or people’s craft during any given period in history.
  1. Feeling: A structure’s expression of the aesthetic or historic sense of a particular period or time.
  1. Association: The direct link between an important historic event or person and a historic structure.
  1. Replacement structure : a primary structure for a use by right, except surface parking and storage, that takes the place of a designated structure for preservation.
  1. Structure: anything which is constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having permanent location on the ground, not, however, including wheels; any physical feature of the site; any improvement on the site; an edifice or building of any kind.

Historic Preservation Commission:

A Historic Preservation Commission is hereby created, consisting of seven members. Of the membership, one shall be a registered architect, one shall be a historian, one shall be a licensed real estate broker, one shall be an alderman, and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The mayor shall appoint the commissioners, subject to conformation by the Common Council. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years.

Preservation Commission Powers and Duties:

The powers and duties of the commission shall be:

1. Develop appropriate criteria and standards for identifying and evaluating neighborhoods, areas, places, structures, and improvements within the Washington View Heritage Area which have distinctive character of special historic, aesthetic, architectural, archaeological, or cultural interest or value, and might be classified as historic sites, structures, or districts.

  1. Conduct studies and surveys of neighborhoods, areas, places, structures, and improvements within the Washington View Heritage Area for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, archaeological, or cultural interest or value, and of compiling appropriate descriptions, facts, lists, and files.

3. Maintain and update an inventory of historic resources.

4. Promote public education, interest, and support for the preservation and enhancement of such historic sites, structures, or districts.

5. Review any legislation, applications for zoning map amendment, special exception, site plan, and subdivision approval, and other proposals affecting historic preservation, including preparation and amendment of master plans.

6. Serve as a clearinghouse for information on historic preservation for county government, individuals, citizens associations, historical societies, and local advisory committees; to provide information and educational materials for the public; and to undertake activities to advance the goals of historic preservation in the heritage area.

7. Administer any revolving funds, easement or grant programs, tax incentive programs, or other preservation funds that will aid historic preservation, as approved in the heritage area operating budget.

8. Delineate the extent of appurtenance and environmental setting associated with a historic resource during the development review process.

9. The Commission is required to prepare an annual report for the Board of County Commissioners.

Historic Structure, Historic Site, and Historic District Designation Criteria:

For the purpose of this ordinance, a historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement, or structure located thereon, or any area of particular historic, architectural, archeological, or cultural significance to the Heritage Area, such as historic structures, sites, or districts which:

  1. Exemplify or reflect the broad cultural, political, economic, or social history of the nation, state, or community; or
  1. Are identified with historic personages or with important events in national, state, or local history; or
  1. Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or
  1. Are representative of the notable work of a master builder, designer, or architect who influenced his age; or
  1. Have yielded, or may be likely to yield, information important to prehistory or history. The Commission may adopt specific operating guidelines for historic structure, historic site, and historic district designation; or
  1. Promote understanding and appreciation of the urban environment by means of distinctive physical characteristics or rarity; or
  1. Have direct and substantial association with a person or group of persons who had influence on society.

Historic Structure, Historic Site, and Historic District Designation Procedures:

1. Initiation of procedure. An application for designation shall be submitted to the Washington Viewpreservation commission for due consideration through the process described herein. Suchan application shall describe the appearance of the structure or district and shall demonstratehow the structure or district meets the criteria for designation set forth herein. The Washington Viewpreservation commission shall provide an application form and instructions that set out therequired information for designation applications.

2. Preliminary investigation. The commission shall conduct an investigation to determinewhether the application is complete, and whether the structure or district is eligible fordesignation. If the commission is not in receipt of the written consent to designation by theowner of a proposed structure for designation, an explanation of why the commissionshould proceed without such consent shall be given. If preliminary review determines thestructure or district to be eligible for designation, the review shall proceed as described. Ifnot, the applicant shall be advised of the reasons the application is incomplete or thestructure or district does not meet the criteria for designation.

3. Schedule designation hearing. The commission shall schedule a public hearing on thequestion of designation, hereinafter called a designation hearing, at a specified time, dateand place.

4. Fees to accompany applications for Washington View designation. The application fee for adesignation of a structure shall be two hundred fifty dollars ($250.00). The application feefor designation of a district shall be: five hundred dollars ($500.00) for a district containingone (1) to one hundred (100) structures; seven hundred fifty dollars ($750.00) for a districtcontaining one hundred one (101) to two hundred (200) structures; one thousand dollars($1,000.00) for a district containing two hundred one (201) to three hundred (300)structures; or, fifteen hundred dollars ($1,500.00) for a district containing more than threehundred (300) structures. Such fees shall cover costs of designation including signs forposting, reproduction and postage for notification, production and installation of standardplaques and district signs, and recording fees. Fees shall be paid prior to the public hearingfor designation. The commission may give further guidance about any reduction of fees inits bylaws. In no case shall the fee be waived entirely. All applications initiated by the cityshall be exempt from such fees.

5. Notice of hearing. Notice of the designation hearing shall be given as follows:

  1. Written notice of the time, date, place and subject of the hearing shall be sent notless than twenty-five (25) days nor more than forty (40) days prior to the hearing to all owners of record as determined from records in the assessor’s office who ownproperty containing a structure being proposed for designation for preservation orwithin a proposed district for preservation. The written notice to owners of propertycontaining a structure being proposed for designation for preservation shall bebycertified mail. The written notice to owners of property within a proposed districtshall be by first class mail.
  1. Signs indicating the proposed action and the time, date and place of the hearing,shall be posted by the commission for a period of not less than fifteen (15) daysimmediately preceding the hearing on all property proposed for designation as astructure for preservation and on the boundaries of all areas proposed for designationas a district for preservation, such signs to be prominently displayed and easilyreadable from abutting public ways.
  1. A legal notice indicating the nature of the hearing, the property involved, and thetime, date and place of the scheduled public hearing, shall be published once in anofficial publication of the city not less than ten (10) nor more than fifteen (15) daysprior to the hearing.
  1. Written notice of the proposed designation, including the identification of theproperty, the basis for commencing the designation procedure, and the time, dateand place of the hearing shall be given to the planning board, and to the director ofthe building inspection not less than twenty-five (25) days prior to the hearing.

6. Review by planning board. The planning board may review the proposed designation withrespect to:

  1. Its relationship to the comprehensive plan;
  2. The effect of the designation upon the surrounding neighborhood; and
  3. Such other planning considerations as may be relevant to the proposed designation.

The board may recommend approval, rejection or modification of the proposed designationand if a recommendation is made it shall contain a statement of the basis therefore. If arecommendation is made by the board, said recommendation shall be delivered to thecommission in written form at or prior to the closing of the public hearing. If the board fails to act within the specified period, the proposed designationshall be deemed to have been approved by the board.

7. Hearing:

  1. A quorum of the preservation commission shall conduct the hearing. A hearing maybe continued. If the hearing is continued, the time, date and place of the continuationshall be established and announced to those present when the current session is to beadjourned.
  1. Reasonable opportunity shall be provided for all interested parties to express theiropinions regarding the proposed designation or designations. However, nothingcontained herein shall be construed to prevent the commission from establishingreasonable rules to govern the proceedings of the hearings, or from establishingreasonable limits on the length of individual presentations.
  1. Transcripts of the hearings are not required; however, the commission’s recordsshall include the name and address of each speaker; the organization or person thespeaker represents, if any; whether or not the speaker is an owner or holder of someinterest in an affected property, or represents such owner or holder; and a summaryof the relevant portions of each statement. Written presentations, including thereport of the board, shall be incorporated into the record of the hearing. All tapes,documents, and physical evidence considered shall be retained for sixty (60) daysafter designation.

8. Findings and recommendations of the commission. The preservation commission shall actofficially on each proposed designation within forty-five (45) days after the hearing thereon. The commission may approve, reject or modify any proposal, but no proposal may beextended beyond the boundaries of the land described in the final application fordesignation unless the initiation and hearing procedure is repeated for the enlargedboundaries. The commission shall set forth in its recommendation the findings of fact whichconstitute the basis for its decision. If the commission fails to act within the forty-five-dayperiod, the designation shall be deemed to have been rejected, and the designationprocedure terminated.

9. Transmittal to city council. Within fifteen (15) days after reaching its decision, thepreservation commission shall either (1) transmit to the city council and to the director ofthe building department the commission’s recommendation on the designation of a structureor district for preservation, including the description of the property involved, and thefindings upon which the recommendation was based; or (2) terminate the designationprocedure. If more than one (1) property is involved in the designation procedure, thecommission may approve in part and terminate in part. Each part shall then be treated as aseparate action. In no event may any property be added to the area described in the finalapplication for designation without instituting a new designation procedure.

10. Action by city council. Upon receipt of the recommendations transmitted by thepreservation commission, the city council may, by ordinance, designate property as astructure for preservation or a district for preservation. Due consideration shall be given tothe written views of owners of affected property, and the city council shall hold publichearings on any proposed structure for preservation or district for preservation designation. However, if no bill for an ordinance to designate a structure or district is filed within ninety(90) days after transmittal of the recommendation, the designation procedure is terminated.

11. Recording of designation. Within fifteen (15) days of the effective date (date of final

publication) of an ordinance designating property as a structure for preservation or a districtfor preservation, the preservation commission shall notify the director of building inspectionof the official designation and shall record among the real property records of the clerk andrecorder either (1) a certified copy of the ordinance designating specified property as astructure for preservation or a district for preservation, or (2) a notice stating that specifiedproperty has been designated as a structure for preservation or a district for preservation,and citing the ordinance and the effective date thereof which made the designation effective. Failure to record such ordinance or notice within the required time shall suspend theeffective date of the designation until the recording has been made.