[1-3-2023 by Ord. No. 2023.01.03]
For the purpose of making effective the provisions of the Old and Historic (OH) District, a Historic Preservation Review Board (HPRB) is hereby established and empowered to consider and review all alterations, additions, and changes within the boundaries of the OH District as defined by this chapter (as visible from the public right-of-way unless otherwise noted), whether or not brought before it by an application for a certificate of appropriateness or other permit.
[1-3-2023 by Ord. No. 2023.01.03; amended 5-1-2023 by Ord. No. 2023.05.01]
(a) 
The HPRB shall consist of five members appointed by the Town Council, one of whom shall be a resident of the OH District and all of whom shall have a demonstrated interest, competence, or knowledge in historic preservation. All members must be residents and qualified voters of the Town; provided, the Town Council may in its discretion appoint any nonresident of the Town who is otherwise qualified under this section and holds or is employed by a person or firm holding a current business license issued by the Town.
(b) 
At least one HPRB member shall be either a registered architect with a demonstrated interest in historic preservation or an architectural historian meeting the professional qualifications standards of the 36 CFR 61, Appendix A. Similarly, at least one additional HPRB member shall have professional training or equivalent experience in any one of the following disciplines: architecture, history, architectural history, American studies, archaeology, or planning.
(c) 
The HPRB members shall be appointed for three-year terms and serve until their respective successors are appointed. If at any time hereafter all five positions on the HPRB are vacant, the HPRB members shall be appointed for three-year staggered terms, one member to serve for one year, two members to serve for two years, two members to serve for three years and all members to serve three-year terms thereafter.
(d) 
The Town Council shall have the discretion to appoint members to serve consecutive terms.
(e) 
Vacancies caused by death, resignation or otherwise shall be filled:
(1) 
Promptly and in any event not more than 90 days following the date on which the vacancy occurs; and
(2) 
For the unexpired term in the same manner original appointments are made.
(3) 
If after two consecutive terms of a three-year period have been fulfilled and no individual applies or is appointed following a forty-five-day period, the vacant position on the Board may be filled by the same individual who vacated said position for another three-year term. There shall be no more than three consecutive terms.
(f) 
The Town Council shall have the discretion to remove members for habitual failure to attend meetings.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The HPRB shall approve, approve with modifications, or deny applications for certificates of appropriateness for the construction, reconstruction, exterior alteration, demolition, or relocation of historic landmarks or structures within the OH District, except as waived under Article III, Division 6. The HPRB shall have the following duties, which it may exercise in its discretion but shall exercise upon direction from Town Council:
(1) 
Hear and decide on each project brought before it, to the end that buildings, structures or other resources of historic, architectural, or cultural significance are preserved insofar as they are appropriate and incongruous projects are prohibited.
(2) 
See to the enforcement of its decisions through the Administrator and the Town's Inspection Department.
(3) 
In reviewing each project, the HPRB must follow the suggestions and requirements of the design review guidelines, as such document now exists and may hereafter be revised and amended by the HPRB.
(4) 
Periodically review the design review guidelines in the context of the experience gained since the last review of that kind and make all such revisions that seem, in their judgment, to be necessary or advisable provided that such guidelines shall be consistent with the Secretary of the Interior Standards for Historic Preservation, the purposes intent of the OH District, and with such standards, rules, regulations, and procedures as Town Council may establish. Procedure to modify the design review guidelines includes:
a. 
The Town shall circulate the proposed or modified design review guidelines to interested parties and post them on its website for a sixty-day public comment period.
b. 
If the HPRB makes any policy changes to the design review guidelines after receiving public comment, a new sixty-day period for public comment shall commence.
c. 
The HPRB may vote to develop or modify design review guidelines only after the sixty-day period for public comment.
d. 
After the HPRB adopts or modifies the design review guidelines, the Town shall cause them to be published on the Town's website and by other means in its discretion.
(5) 
Assist and advise the Town Council, the Planning Commission, other Town departments and agencies, property owners and individuals in matters involving historic resources.
(6) 
Review and propose additional areas or structures to be included in or removed from the OH District, Historic District Entrance Corridor Overlay District, or designated as a historic landmark.
(7) 
From time to time conduct, or cause to be conducted, a survey of historic resources.
(8) 
Upon request of the Town Council, conduct studies deemed necessary to consider additional historic districts or subdistricts, and means of preservation and utilization of historic assets in the Town.
(9) 
Cooperate with, and enlist assistance from, the Virginia Department of Historic Resources, the National Trust for Historic Preservation, and other interested parties, both public and private, in its efforts to preserve, restore, and conserve historic sites, landmarks, buildings, and structures within the Town.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
The HPRB shall adopt and make available for public inspection written bylaws for procedural matters, written notice of public meetings, and other matters not covered by this article that include at a minimum:
(1) 
Provision for regularly scheduled meetings at least four times a year;
(2) 
A requirement that a quorum be present to conduct business;
(3) 
Rules of procedure for considering applications;
(4) 
A requirement for written minutes for all meetings;
(5) 
Minimum attendance requirements for all Board members; and
(6) 
Requirements that Board members attend training sessions.
(b) 
The HPRB shall elect its Chairperson and Vice Chairperson from its membership. In the absence of the Chairperson the Vice Chairperson shall preside.
(c) 
The Chairperson shall conduct the meetings in accordance with its written bylaws and all applicable provisions of the Code of Virginia, 1950, as amended.
(d) 
The Administrator, or designee, shall serve as Secretary and shall keep and make available for public inspection the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and decisions, including exemptions from review by the HPRB.
(e) 
Each member is required to attend at least one informational or educational meeting per year which has been approved by the State Department of Historic Resources as pertaining to the work and functions of the Board or historic preservation.
(f) 
A quorum of three members present is required before the HPRB may take any official action.
(g) 
Each member of the HPRB shall have the right to one vote on each issue, to be exercised in person at a meeting and not by proxy, and the decision of the majority shall be final, subject only to the rights of appeal set out in this chapter.
(h) 
Each meeting shall be open to the public and an agenda shall be made available to the public prior to the meeting.
(i) 
The Administrator shall serve as advisor to the Board. In addition, when adequate review of any proposed action would normally involve a professional discipline not represented on the Board, the Board must seek and secure appropriate professional advice before rendering its decision on the particular action.