Article VII, Historic Districts (§ 175-79 through § 175-96)

Other

• Appeal to Circuit Court timeframe30 days

  Any person may appeal any decision of the Town Council to affirm, modify or reverse a decision of the ARB to the Circuit Court for review by filing a petition at law. The petition shall be filed within 30 days after the decision of the Town Council.

• Appeal to Town Council timeframe30 days

  The applicant or any aggrieved person may appeal a final decision of the ARB to the Town Council by filing a written notice of appeal within 30 days of the date of the ARB decision.

• ARB decision timeframe60 days

  The ARB shall render a decision upon request or application for a certificate of appropriateness within 60 days after such application is deemed complete by the Zoning Administrator; failure of the ARB to render such a decision within said sixty-day period, unless such period is extended with the concurrence of the applicant, shall be deemed an approval of the application.

• Certificate of appropriateness required

  Evidence of the approval under the terms of this article shall be a certificate of appropriateness issued by the ARB and the Zoning Administrator as the case may require, stating that the demolition, moving or change in the exterior architectural appearance of the proposed construction, reconstruction, alteration or restoration is approved by the ARB.

• Certificate of compliance required

  Prior to the issuance of a final certificate of occupancy by the County Building Official, the applicant shall obtain a certificate of compliance from the ARB indicating compliance of the final building or structure with the terms and conditions of his or her certificate of appropriateness.

• Certificate void if construction not commenced12 months

  A certificate shall become null and void if no significant improvement or alteration is made in accordance with the approved application within 12 months from the date of approval.

• Demolition by neglect prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  No contributing building or structure within any Historic District shall be allowed to deteriorate due to neglect to the extent that decay, deterioration or defects may, in the opinion of the ARB, result in the irreparable deterioration of any exterior appurtenance or architectural feature or loss of integrity or produce a detrimental effect upon the character of the district as a whole or upon life and character of the structure itself.

• Demolition requires certificate of appropriateness

  No historic landmark, or contributing building or structure which is established under this article, shall be partly or fully demolished until a certificate of appropriateness is issued by the ARB, with the right of direct appeal from an adverse decision to the Town Council, as hereinafter provided.

• Moving or relocation requires ARB approval

  No building or structure officially designated as an historic landmark or contributing building or structure within the district on the inventory map which accompanies this article shall be moved or relocated unless the same is approved by the ARB and a certificate of appropriateness issued with right of direct appeal of an adverse decision to the governing body as herein provided.

• Public safety exclusion from ARB review

  Nothing in this article shall prevent the razing or demolition of any building or structure without consideration of the ARB which is in such an unsafe condition that it would endanger life or property, and protection from such condition is provided for in the Virginia Uniform Statewide Building Code and/or other applicable ordinances. However, such razing or demolition shall not be commenced without written approval of the County Building Official verifying the conditions necessitating such action.