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Chapter 59
HISTORIC DISTRICT
§ 59-1. Findings; definitions.
§ 59-2. Purposes.
§ 59-3. Legislative authority.
§ 59-4. Berlin Historic District established.
§ 59-5. Commission established; membership; quorum.
§ 59-6. Architectural easements.
§ 59-7. Application to Commission required.
§ 59-8. Commission considerations.
§ 59-9. Additional considerations.
§ 59-10. Standards for judgment.
§ 59-11. Structures of unusual importance.
§ 59-12. Structures and sites valuable for period of architecture represented.
§ 59-13. Open meetings and records.
§ 59-14. Certificate of approval required; time limit for approval.
§ 59-15. Nonapplicability.
§ 59-16. Violation and penalties.
§ 59-17. Right to appeal.

[HISTORY: Adopted by the Mayor and Council of the Town of Berlin 11-3-1975; amended in its entirety 11-22-2004 by Ord. No. 2004-12. Subsequent amendments noted where applicable.]

GENERAL REFERENCES
Building Code — — See Ch. 37.

§ 59-1. Findings; definitions.
  1. The preservation of structures and appurtenances of historic and architectural value is a public purpose in this state. The Mayor and Council of Berlin believe that the public interest and convenience requires the preservation and protection of certain places and areas of historic interest, exterior architectural features and examples of the types of architecture found in the older area of Berlin.
  2. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
    1. APPURTENANCES AND ENVIRONMENTAL SETTINGS — Include:
      1. Paved or unpaved walkways and driveways.
      2. Trees.
      3. Landscaping.
      4. Pastures.
      5. Croplands.
      6. Rocks.
    2. DEMOLITION — Includes any willful neglect in the maintenance and repair of a structure, including the structure’s appurtenances and environmental settings, that:
      1. Does not result from a financial inability to maintain and repair the structure or its appurtenances; and
      2. Threatens to result in a substantial deterioration of the exterior features of a structure or appurtenance.
    3. DISTRICT — A significant concentration, linkage, or continuity of sites, structures, or objects united historically or aesthetically by plan or physical development.
    4. ROUTINE MAINTENANCE — Work that does not alter the exterior fabric or features of a site or structure and has no material effect on the historical, archaeological, or architectural significance of the site or structure.
    5. SITE — Any location in the Historic District.
    6. STRUCTURE — A combination of material to form a construction that is stable, having a fixed or temporary location on a site.
      1. "Structure" includes buildings, stadiums, reviewing stands, platforms, staging, observation towers, communications towers water tanks and towers, trestles, bridges, piers, swimming pools permanent or temporary, paving bulkheads, wharves, sheds, coal bins, shelters, fences, recreation equipment such as portable basketball, trampolines, etc.; and display signs visible or intended to be visible from a public way.
      2. "Structure" also includes a natural land formation and an appurtenance and environmental setting.
      3. "Structure" includes part of a structure.
§ 59-2. Purposes.
The purpose of this chapter shall be to:
  1. Safeguard the heritage of Berlin by preserving the district or districts therein, which reflect elements of its cultural, social, economic, political or architectural history.
  2. Stabilize and improve property values in such a district or districts.
  3. Foster civic beauty.
  4. Strengthen the local economy.
  5. Promote the use and preservation of Historic Districts for the education, welfare and pleasure of the residents of Berlin and Worcester County.
§ 59-3. Legislative authority.
The Mayor and Councilmen of Berlin derive authority for this chapter by virtue of the terms of the State of Maryland enabling act for municipal Historic District regulation (1974 Cumulative Supplement, Art, 66B, §§ 8.01 through 8.15).

§ 59-4. Berlin Historic District established.
The Berlin Historic Zone shall consist of one district. The district covers the area as shown on the attached map, which is hereby incorporated as part of this chapter.1

§ 59-5. Commission established; membership; quorum.
  1. The Mayor and Council of Berlin will create a commission to be called the "Historic District Commission."
  2. This Commission shall have a membership of five persons, all of whom are qualified by interest and agree to serve on this Commission and all of whom are residents of Berlin. Two of the members shall be residents of or property owners in the residential section of the Berlin Historic Zone. Two of the members shall be residents of or property owners in the business section of the Berlin Historic District Zone. One of the members shall be a resident or property owner in Berlin outside the Historic Zone. The members shall be appointed for three years in order that, as these initial terms expire, all appointments shall be for three years and shall not expire at the same time. Members of the Commission are eligible for reappointment.
  3. The appointing authority shall fill any vacancy on the Commission for the unexpired term of the particular position.
  4. The Mayor and Council of Berlin may consult private societies or agencies to request the names of possible members of the Commission.
  5. Three members of the Commission shall constitute a quorum for the transaction of business, and a vote of three members shall control the action of the Commission.
§ 59-6. Architectural easements.
The Commission may purchase architectural easements in connection with structures and sites 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 or site upon which it is applied retained in substantially the same character as when the easement took effect.

§ 59-7. Application to Commission required.
Before the construction, alteration, repair, moving or demolition of any structure, including, without limitation, a change of exterior color, wall or roof surfacing materials, is made within the Historic District, which would affect the exterior appearance of a structure or site in the district, the person, individual, firm or corporation proposing to make the construction or change shall file with the Commission, through the Zoning Official or other designated person, an application for permission to build, alter, repair, move, demolish or make the addition. The application shall be made upon forms provided by the Commission. Every such application shall be referred to and considered by the Historic District Commission, and no permit for any change may be granted until the Commission has acted thereon as hereinafter provided.

§ 59-8. Commission considerations.
In reviewing the plans for any such construction or change to any structure, site or other appurtenances in relation to the surrounding area, the Commission shall give consideration to:
  1. The historic or architectural value and significance of the structure, site and all other appurtenances and their relationship to the historic value of the surrounding area.
  2. The relationship of the exterior architectural features of the structure, site and to the remainder of the structure and other appurtenances to the surrounding area.
  3. The general compatibility of the exterior design, arrangement, texture and materials proposed to be used for any structure or appurtenance.
  4. Any other factors, including aesthetic factors, which the Commission deems to be pertinent.
§ 59-9. Additional considerations.
The Commission shall only consider exterior features of a structure and site and shall not consider any interior arrangements. Also, the Commission shall not disapprove an application except with respect to the several factors specified in § 59-8 above. The Historic District Commission may adopt guidelines with respect to this chapter and may give advisory opinions.

§ 59-10. Standards for judgment.
The Commission shall be strict in its judgment of plans for those structures and sites deemed to be valuable according to studies performed for districts of historic or architectural value. The Commission shall be lenient in its judgment of plans for structures of little historic value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures and/or sites. The Commission is not required to limit new construction, alteration or repairs to the architectural style of any one period. The Commission may, from time to time, make studies of the Historic District, identify structures of unusual importance or significance and adopt plans in furtherance of the purpose of this chapter.

§ 59-11. Structures of unusual importance.
If an a application is submitted for repairs or alterations and construction affecting a site or the exterior appearance of a structure and other appurtenances or for the moving or demolition of a structure and other appurtenances, the preservation of which the Commission deems of unusual importance to the county or municipal corporation or of 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 site or structure. Unless in these circumstances the Commission is satisfied that the proposed construction, alteration or repair will not materially impair the historic value of the structure and/or surrounding site, the Commission shall reject the application for repair or alteration, filing a copy of its rejection with the Mayor and Council of Berlin, An application for any such repair, alteration, or construction, if rejected, shall not be renewed within a period of one year after the rejection.

§ 59-12. Structures and sites valuable for period of architecture represented.
In the case of a structure or site deemed to be valuable for the period of architecture it represents and to be important to the neighborhood within which it exists, the Commission may approve the proposed repair or alteration despite the fact the changes come within the provisions of § 59-11 above if:
  1. The structure or appurtenance is a deterrent to a major improvement program which will be of substantial benefit to the Town of Berlin;
  2. Retention of the structure would cause undue financial hardship to the owner; or
  3. The retention of the structure would not be in the best interest of a majority of persons in the community.
§ 59-13. Open meetings and records.
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 resolution, proceedings and actions that shall be kept available for public inspection during reasonable business hours. The Commission may adopt reasonable rules or procedures with regard to the conduct of its meetings. Properties that are the subject of Historic District applications shall be posted by the Zoning Official or other designated person of the jurisdiction with a notice of the time, place and date of the hearing on the application for 14 days prior to the hearing. Notices of all Commission meetings shall be posted at Town Hall.

§ 59-14. Certificate of approval required; time limit for approval.
  1. The Commission shall file with the Zoning Official or other designated person a certificate of its approval, modification or rejection of all applications and then 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 Official or other designated person shall not issue a building permit for such a change or construction unless and until the Zoning Official or other designated person has received such a certificate of approval.
  2. The failure of the Commission to act upon an application within 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 agreed upon mutually by the applicant and the Commission.
§ 59-15. Nonapplicability.
Nothing in this chapter shall be taken or construed to prevent work and repairs on any site or structure coming under the heading of ordinary maintenance. Nothing in this chapter affects the right to complete any work covered by a permit or authorization issued prior to the effective date of this chapter.

§ 59-16. Violation and penalties.
  1. Any person, firm, corporation, or agent of such, in violation of constructing, altering, moving, demolishing or repairing a site or structure within the Historic District where such changes are visible from a public way without having secured the approval of the Historic District Commission as required by the chapter, or fail to comply with any requirement or condition imposed by the Commission, shall be deemed guilty of a municipal infraction and shall be fined not less than $25 nor more than $400. Each and every day during which such violation continues may be deemed a separate offense.
  2. In addition to other remedies and penalties, where there is any violation of this chapter, the Building Inspector, the Historic District Commission or the Zoning Board of Appeals, through the Town Attorney, shall constitute appropriate action to prevent, enjoin, abate or remove such violation.
§ 59-17. Right to appeal.
Any person or persons, firm or corporation aggrieved by a decision of the Historic District Commission shall have the right of appeal concerning such decision to the Board of Zoning Appeals pursuant to Article IX, § 107-68, of the Code of Berlin. Such appeal shall be taken within 20 days after the decision of the Historic District Commission by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. Any person aggrieved by any decision of the Board of Appeals may appeal the same to the Circuit Court for Worcester County.

1. Editor’s Note: Said map is on file in the Town offices.