§ 32-7-101. DEFINITIONS.

(a)

In general. In this title the following words have the meanings indicated.

(b)

(1)

Alteration . "Alteration" means any exterior change that would affect the historic, archaeological, or architectural significance of a structure.

(2)

"Alteration" includes construction, reconstruction, moving, or demolition.

(c)

(1)

Certificate of appropriateness. "Certificate of appropriateness" means a certificate issued by the Commission in accordance with this title indicating its approval of plans for construction, alteration, reconstruction, moving or demolition of:

(i)

A structure on the preliminary or final county landmarks list; or

(ii)

A structure within a county historic district.

(2)

"Certificate of appropriateness" includes a certificate issued by the Commission in accordance with this title indicating its approval of plans for demolition of a structure on the county inventory.

(d)

Commission. "Commission" means the County Landmarks Preservation Commission.

(e)

Damage due to weathering. "Damage due to weathering" means that condition of any building material of a structure which if unprotected and exposed to the natural elements, including wind, rain, snow, and ice, would fail to meet a minimum durability test.

(f)

Demolition. "Demolition" includes demolition by neglect.

(g)

(1)

Demolition by neglect. "Demolition by neglect" means willful neglect in the maintenance, repair, or both maintenance and repair of a structure on the preliminary or final county landmarks list or a structure within a county historic district resulting in any of the following conditions:

(i)

The deterioration of any exterior architectural feature so as to create or allow the creation of a hazardous or unsafe condition;

(ii)

The deterioration of exterior walls or other vertical supports;

(iii)

The deterioration of roofs or other horizontal members;

(iv)

The deterioration of exterior chimneys;

(v)

The deterioration or crumbling of exterior plaster, mortar, or masonry;

(vi)

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

(vii)

Deterioration resulting from damage due to weathering.

(2)

"Demolition by neglect" does not include neglect in the maintenance or repair of a historic environmental setting.

(h)

Exterior architectural features. "Exterior architectural features" means the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building materials and the type and style of all windows, doors, light fixtures, signs, and other similar exterior features.

(i)

(1)

County historic district. "County historic district" means an area in the county designated by the County Council in which there are located structures that have historical, cultural, educational, or architectural value, the preservation of which is deemed to be for the educational, cultural, economic, and general welfare of the inhabitants of the county.

(2)

"County historic district" includes all property within the boundaries defined by the County Council in accordance with this title.

(j)

County landmark. "County landmark" means any structure designated by the County Council to be on the county final landmarks list.

(k)

Minimum durability test. "Minimum durability test" means to show visible deterioration so that the structure cannot perform the function for which it is intended.

(l)

Owner. "Owner" means those persons who appear as the owners of record in the assessment records of the State Department of Assessments and Taxation.

(m)

Reconstruction. "Reconstruction" means the process of reproducing by new construction the exact form and detail of a vanished structure, or part of a vanished structure, as it appeared at a specific period of time.

(n)

Restoration. "Restoration" means the process of accurately recovering the form and details of a property as it appeared at a specific period of time by means of removal of later work and the replacement of work missing from that period.

(o)

Structure.

(1)

"Structure" means any man-made or natural combinations of materials to form stable constructions and includes the property or lot or portion thereof which constitutes the historic environmental setting of the structure.

(2)

"Structure" includes buildings, bridges, fences, towers, walls, trees, archeological sites, and rock formations.

(p)

Historic environmental setting. "Historic environmental setting" means the property or lot or portion thereof, as delineated by the Commission, which is historically, architecturally, archeologically, or culturally connected to the historic significance of a landmark structure.

(1988 Code, §§ 26-531, 26-539, 26-543) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 6-99, § 1, 3-20-1999; Bill No. 112-02, § 2, 7-1-2004; Bill No. 93-05, §§ 1, 2, 10-16-2005; Bill No. 26-07, § 3, 4-29-2007)

Editor's note:
  Section 8 of Bill No. 26-07 provides that the county inventory, as established in § 32-7-301 of the Baltimore County Code, 2003 shall cease to exist after April 29, 2010 without the necessity of further action by the County Council. After that date, structures formerly considered to be included on the county inventory or currently or thereafter included on the Maryland Inventory of Historic Properties may not be considered to be subject to any regulation under Article 32, Title 7 of the Baltimore County Code, 2003 unless the structure has been nominated for placement on the preliminary county landmarks list, is on the preliminary or final county landmarks list or is in a proposed or designated county historic district.