§ 21.08.060. Historic Preservation Commission.

A.

Establishment. The Historic Preservation Commission is established to execute all of the powers conferred to it by this Zoning Code and pursuant to the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

B.

Membership. The Historic Preservation Commission shall consist of seven members appointed by the Mayor and confirmed by the City Council. The members of the Commission shall be residents of the City. Each member shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines. In addition, the Commission membership shall comply with the following:

1.

At least two members of the Commission shall possess professional or academic training in one or more of the above-listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36. C.F.R. Part 61.

2.

The criteria for Commission membership under the category of demonstrated special interest may be satisfied either by formal training in one or more of the fields listed in Subsection (B) of this section or active membership in a preservation-related organization. The requirement for membership under the category of specific knowledge may be satisfied by formal post secondary education, employment or practical experience in one or more of the above-listed fields. The requirement for Commission membership under the category of professional or academic training may be satisfied by, at a minimum, two years' experience as a professional or a bachelor's degree in one or more of the above-listed fields.

3.

The Commission shall elect, from its membership, a chairperson and vice chairperson. The terms of the chairperson and vice chairperson shall be for one year, with eligibility for re-election.

4.

Commission members shall serve without compensation, but may be reimbursed for actual expenses incurred in the performance of their duties, provided said expenses are permitted by the budget and approved in advance by the Director of Finance.

C.

Term. The Commission members shall be appointed for terms of three years, except that the terms shall be staggered so that not more than three appointments shall expire in a given year. Commission members are eligible for reappointment. Any vacancy in the membership of the Commission caused by the expiration of a term, resignation, death, incapacity to discharge duties, removal for cause, or any other reason, shall be filled for a new term, or for the remainder of the term for which there is a vacancy, as the case may be, in the same manner as provided herein for the appointment and confirmation of the initial members of the Commission. Any vacancy of the Commission shall be filled within sixty days. In the case of expiration of terms, members may continue to serve until their successors are appointed and confirmed. Any absence of three consecutive meetings or four meetings within one calendar year shall constitute a vacancy.

D.

Rules. The Historic Preservation Commission may adopt rules to assist the Commission in carrying out its duties under this Zoning Code. Any rules of procedure adopted by the Commission shall be consistent with the following procedures:

1.

Any interested person, or person's representative, is entitled to appear and be heard at any public hearing conducted by the Commission.

2.

The Commission shall keep a record of its proceedings and actions which shall be on file for public view.

3.

Notice of Commission meetings shall appear in a newspaper with general circulation in the City seven days prior to the meetings.

4.

Four members shall constitute a quorum and the vote of the majority present is necessary for a decision.

5.

The chair, or the acting chair in the absence of the chair, may administer oaths and compel the attendance and testimony of witnesses and the production of documents on matters relating to the business of the Commission.

E.

Duties. The Historic Preservation Commission shall have the following powers and duties:

1.

The Historic Preservation Commission shall hold no fewer than one regular meeting monthly to discharge its duties.

2.

Consistent with the City's policies and procedures, employees may be assigned to the Commission, and such services and facilities made available as are deemed necessary or appropriate for the proper performance of its duties.

3.

The Historic Preservation Commission shall annually file a report with the City Council summarizing the Commission's discharge of its responsibilities.

4.

The Historic Preservation Commission shall decide applications for Certificates of Approval pursuant to the provisions of Chapter 21.56.

5.

The Historic Preservation Commission may accept and use gifts in the exercise of its functions, subject to any applicable City policies or procedures regarding acceptance or use of gifts by public officials.

6.

The Historic Preservation Commission may direct studies, reports, and surveys to identify historically, culturally, archaeologically, or architecturally significant landmarks, sites, structures, and districts that exemplify the cultural, social, economic, political, or architectural history of the City, State or Nation.

7.

The Historic Preservation Commission may adopt and utilize in its review of applications rehabilitation and new construction design guidelines and criteria for designated landmarks, sites, structures, and districts which are consistent with the U.S. Secretary of the Interior's standards for rehabilitation. Guidelines may include design characteristics intended to meet the needs of particular types of landmarks, sites, structures, and districts, and may identify categories of changes that, because they are minimal in nature, do not affect historic, cultural, archaeological, or architectural significance, and do not require review by the Commission.

8.

To adopt sidewalk café furniture guidelines for use by operating establishments located in the historic district, which hold permits issued pursuant to Chapter 7.42 of the Annapolis City Code. In adopting any such guidelines, the Historic Preservation Commission shall consider the requirements of Section 7.42.020(F) of the Annapolis City Code.

9.

Consistent with the City's Charter, ordinances, resolutions, local public law, policies, and procedures covering the acquisition of easements, to accept historic preservation easements, when deemed appropriate by the Commission, on designated landmarks, structures, or sites and on sites or structures located in, or adjacent to, a designated district, landmark, site, or structure.

10.

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or the implementation of the purpose of this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-28-13, § I, 10-28-2013)