[Amended 5-23-2017 by Ord. No. 17-13; 6-11-2019 by Ord. No. 19-24]
A. Purpose and applicability. This section sets forth the procedures
for Architectural Review Board (ARB) consideration of applications
for Certificates of Appropriateness in the Old and Historic Fredericksburg
(HFD) Overlay Zoning District, pursuant to the authority conferred
within Code of Virginia § 15.2-2306. A certificate of appropriateness
is required for new construction, alterations of existing structures,
demolitions/removal/relocation of structures, or a sign in the HFD.
B. Process: administrative review.
(1)
The Zoning Administrator is authorized to approve, approve subject
to conditions, or disapprove an application for a certificate of appropriateness,
subject to the ARB's consent, for the following:
(a)
The addition or deletion of awnings, canopies, storm doors,
gutters, downspouts, chimney caps, and other similar minor modifications
or elements.
(b)
The addition, alteration, or removal of any sign or fence, where
such item is the sole subject of the application, or where all other
improvements comprising the application are subject to administrative
review.
(c)
Alterations or repairs made to a building or structure for the
purpose of temporary emergency stabilization.
(d)
Reconstruction, alteration, repair, or other improvements to
a building or structure made pursuant to an order of correction issued
by the Building Code Official, upon that official's determination
that the building or structure is an "unsafe structure," as that term
is defined in the Virginia Uniform Statewide Building Code.
(2)
Administrative review procedure.
(a)
The Zoning Administrator shall endeavor to make a decision on
the application within 45 days, for timely ARB review and final decision.
Every administrative decision to approve, approve with conditions,
or deny an accepted application for a certificate of appropriateness,
subject to ARB consent, shall be in writing and state the reasons
therefor.
(b)
Administrative review shall apply the applicable review criteria
stated in this section.
(c)
An administrative decision to approve, condition, or deny an
application shall be submitted to the ARB for its consent, before
the decision becomes final. The ARB may consent to the decision, modify
the decision, or reverse the decision on an application.
(d)
ARB consideration of administrative decisions does not require a public hearing, but may be carried out through the Board's consent agenda or under an appropriate agenda item, at any ARB meeting. The ARB decision on the application may be appealed to City Council under Subsection
F, below.
(e)
The ARB shall not decide an application for a certificate of
appropriateness under the administrative review process until notice
of intention to do so has been published once in a newspaper published
or having general circulation in the City. The notice shall specify
the time and place of the first ARB meeting at which persons affected
may appear and present their views, not less than five days after
the advertisement appears in the newspaper.
C. Process: review by the ARB.
(1)
The ARB shall promptly review each application for a certificate
of appropriateness.
(2)
An applicant for a certificate of appropriateness shall submit
to the ARB materials sufficient for it to render a decision on the
criteria herein set forth. The ARB staff is authorized to reject any
application that does not include information, at a minimum, to permit
the ARB to evaluate the application with respect to the foregoing
factors. The ARB may require additional submissions from the applicant
if necessary.
(3)
Except as provided for administrative review in Subsection
B above, no certificate of appropriateness shall be approved until the ARB has held a public hearing with published and website notice under §
72-21.8. Applications for new construction shall also require written notice under §
72-21.8.
(4)
Submittal requirements are contained in the UDO Procedures Manual.
(5)
The ARB shall act to approve, approve with modification, or
deny a request or application within 90 days of the official submission
of the application. No certificate of appropriateness shall be granted
except by a recorded affirmative vote of a majority of all members
appointed to the ARB. The ARB staff shall memorialize the ARB's decision
in writing, stating clearly how the Board applied the relevant standards
to the application. The written decision shall be rendered and sent
to the applicant within 14 days from the date of the decision.
D. Review criteria. In reviewing applications, the Zoning Administrator
or the ARB shall consider only those design features subject to view
from the public right-of-way (not to include alleys) or City-owned
property and shall not make any requirements except for the purpose
of encouraging development that is architecturally compatible with
the historic landmarks, buildings or structures in the HFD.
(1)
New construction. No principal or accessory building or structure
shall be erected or reconstructed within the HFD, unless approved
by the ARB as being architecturally compatible with the historic landmarks,
buildings, or structures located therein. The ARB shall, in making
its decisions, consider the characteristics of a proposed building
or structure as they affect and relate to the district, including
the following elements:
(a)
Site planning (continuity of street edge, spacing between buildings,
fences and walls, parking);
(b)
Building scale (size, height, facade proportions);
(c)
Building massing (form, roof shape, orientation);
(d)
Roof (shape, pitch, overhang, dormers, skylights, chimneys);
(e)
Windows (type, shape and proportion, rhythm and balance, blinds/shutters);
(f)
Doorways (placement and orientation, type);
(g)
Storefronts (materials, architectural details);
(h)
Exterior architectural elements (entrances, porches and steps,
cornices);
(i)
Materials (wall surfaces, foundation, roof); and
(j)
Miscellaneous details (trim, gutters and leaders, louvers/vents,
lighting, public utilities).
(2)
Alteration of an existing structure.
(a) No existing principal or accessory building or structure within the
HFD shall be altered unless approved by the ARB as being architecturally
compatible with the historic landmarks, buildings, and structures
located therein. The ARB shall base its decisions on the criteria
contained herein, which are similar to the United States Secretary
of the Interior's Standards for Rehabilitation, as follows:
[1]
Every reasonable effort shall be made to provide a compatible
use for a property by requiring minimal alteration of the building,
structure, or site and its environment, or by using a property for
its originally intended purposes.
[2]
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historical material or distinctive architectural
features should be avoided when possible.
[3]
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development or that have no historical basis shall be discouraged.
[4]
Most properties change over time; those changes that have acquired
historic significance in their own right should be retained and preserved.
Restoration of original features may be permitted when substantiated
by documentary, physical, or pictorial evidence.
[5]
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be preserved.
[6]
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. If replacement is necessary, the
new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Where severity
of deterioration requires replacement of a distinctive feature, the
new feature shall match the old in design, color, texture, and other
visual qualities and, where possible, materials. Replacement of missing
features should be substantiated by documentary, physical, or pictorial
evidence.
[7]
The surface cleaning of structures shall be undertaken using
the gentlest means possible. Sandblasting and other chemical or physical
cleaning methods that cause damage to historic building materials
shall not be undertaken.
[8]
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
[9]
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood or environment.
[10] New additions, alterations, and adjacent or related
new construction shall be undertaken in such a manner that if removed
in the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
(b) In conjunction with the standards referenced within Subsection
D(1) above, the ARB shall consider the following review criteria:
[1] The mass and height of a building, and the nature of the roofline.
[2] The proportions between the height of a building, its bulk, and the
nature of its roofline (i.e., is its appearance predominantly horizontal
or vertical).
[3] The nature of the open spaces around buildings, including the extent
of setbacks, the existence of any side yards and their size, and the
continuity of such spaces along the street.
[4] The existence of trees and other landscaping, and the extent of paving.
[5] The nature of the openings in the facade (primarily doors and windows),
and their location, size and proportions.
[6] The type of roof (flat, gabled, hip, gambrel, mansard, etc.).
[7] The nature of projections from the buildings, particularly porches.
[8] The nature of the architectural details and the predominant architectural
style.
[9] The nature and texture of the materials.
[10]
The details of ornamentation.
(c) For the purposes of this subsection, the term "alteration" includes,
without limitation, additions proposed to an existing structure.
(3)
Demolition, removal, or relocation.
(a)
No historic landmark, building or structure within the HFD shall
be razed, demolished, or moved until the razing, demolition or moving
thereof is approved by the ARB. In determining the appropriateness
of any application for the razing, demolition, or moving of a building
or structure, the ARB shall consider the following criteria:
[1]
The architectural significance of the building or structure.
[2]
The historical significance of the building or structure.
[3]
Whether a building or structure is linked, historically or architecturally,
to other buildings or structures, so that their concentration or continuity
possesses greater significance than the particular building or structure
individually.
[4]
The significance of the building or structure or its proposed
replacement in furthering the Comprehensive Plan's goals.
[5]
The condition and structural integrity of the building or structure,
as indicated by documentation prepared by a qualified professional
or licensed contractor, or other information, provided to the board
for examination. The City Manager may obtain an assessment from a
qualified professional or licensed contractor to assist the ARB or
City Council in rendering a decision.
[6]
Effect on surrounding properties.
[7]
Inordinate hardship. This inquiry is concerned primarily with
the relationship between the cost of repairing a building or structure
and its reasonable value after repair. An inordinate hardship is an
instance when preservation will deprive the owner of reasonable economic
use of the property. Any hardship created by action of the applicant
- including any condition resulting from the applicant's own neglect
of the building or structure — shall not be considered in support
of any application. To establish inordinate hardship under this section
the applicant must submit evidence that rehabilitation of the building
or structure is impractical, that the building or structure is inappropriate
for the proposed use desired by the owner, and that the applicant
cannot make reasonable economic use of the property. Such evidence
may include proof of consideration of plans for adaptive reuse, and
attempts to sell, rent or lease the property.
(b)
In addition to the right of appeal set forth in Subsection
F below, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of this section, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that the following three conditions are met:
[1]
The owner has applied to the City Council for a demolition permit;
[2]
The owner has, for the period of time set forth in the time
schedule contained in this section and at a price reasonably related
to its fair market value as determined by an independent appraisal,
made a bona fide offer to sell such landmark, building, or structure
and the land pertaining thereto to the City or to any entity which
gives reasonable assurance that it is willing to preserve and restore
the landmark, building, or structure and the land pertaining thereto.
Unless the ARB and the owner agree upon the fair market value, the
City Manager may retain one independent, qualified appraiser. If the
independent appraisal does not resolve the disagreement, then the
City and the owner shall retain a third qualified appraiser. A median
value shall be established by the three appraisers, which shall be
final and binding upon the owner and the City; and
[3]
No bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such landmark, building, or
structure and the land pertaining thereto, prior to the expiration
of the applicable time period set forth in the time schedule contained
in this section. Any appeal which may be taken to court from the decision
of the City Council, whether instituted by the owner or by any other
proper party, notwithstanding the provisions heretofore stated relating
to a stay of the decision appealed from, shall not affect the right
of the owner to make the bona fide offer to sell referred to in this
subsection. No offer to sell shall be made more than one year after
a final decision by the City Council, but thereafter the owner may
renew his request to the City Council to approve the razing or demolition
of the historic landmark, building, or structure. The time schedule
for offers to sell shall be as follows:
[a] Three months when the offering price is less than
$25,000;
[b] Four months when the offering price is $25,000
or more but less than $40,000;
[c] Five months when the offering price is $40,000
or more but less than $55,000;
[d] Six months when the offering price is $55,000 or
more but less than $75,000;
[e] Seven months when the offering price is $75,000
or more but less than $90,000; and
[f] Twelve months when the offering price is $90,000
or more.
(4)
Signs. In addition to the standards and criteria set forth within Subsections
D(1) and
(2) above, the Zoning Administrator and ARB shall consider the following in determining the appropriateness of any application for a sign proposed within the HFD:
(a)
The sign shall be integrated architecturally with the building.
(b)
Placement should not obscure significant architectural features
or details of the building.
(c)
All signs shall meet the requirements of § 72-59,
Signage.
E. Certificate of appropriateness; effect; term of validity.
(1)
A written decision of the ARB approving an application shall
be deemed a "certificate of appropriateness." A certificate of appropriateness
does not constitute general zoning approval for any use, building
or structure, but is contingent upon the owner obtaining any other
zoning approval required. A certificate of appropriateness does not
constitute a building permit for any building or structure.
(2)
A certificate of appropriateness issued under the provisions
of this section shall expire two years after the date of such approval
unless:
(a)
A building or sign permit has been obtained and remains in effect;
or
(b)
Prior to the expiration date, upon written request, the Zoning
Administrator shall grant an extension of a certificate of appropriateness
which shall not exceed one year from the expiration date, limited
to a maximum of two such extensions.
F. Appeals.
(1)
Any person aggrieved by a decision of the ARB may appeal such
decision to the City Council, provided that such appeal is filed in
writing within 30 days from the date of the ARB's decision. The appeal
shall clearly set forth the grounds of the appeal, including the procedure
or standard alleged to have been violated or misapplied by the ARB.
The City Council shall consult with the ARB in relation to any appeal
and may require documentation of any ARB decision prior to hearing
the appeal. On appeal, the City Council may consider additional submissions,
and it may refer any additional information to the ARB for its consideration.
The City Council may affirm, reverse, or modify the ARB's decision
and shall transmit a record of its decision to the ARB. The City Council
shall decide such appeal within 45 days of the date of the appeal.
(2)
Any person aggrieved by a decision of the City Council may appeal
such decision to the Circuit Court of the City by filing a petition
at law setting forth the alleged illegality of the action of the City
Council, provided such petition is filed within 30 days after the
final decision is rendered by the City Council. The filing of the
petition shall stay the decision of the City Council pending the outcome
of the appeal to the Circuit Court, except that the filing of such
petition shall not stay the decision of the City Council if such decision
denies the right to raze or demolish an historic landmark, building,
or structure. The court may reverse or modify the decision of the
City Council, in whole or in part, if it finds upon review that the
decision of the City Council is contrary to law or that its decision
is arbitrary and constitutes an abuse of discretion, or it may affirm
the decision of the City Council.