The purpose of this district is to provide special regulations
for historic sites to promote the public welfare through protection
and preservation of buildings, structures and sites of historic interest
within Northumberland County and to increase the opportunities for
educational, cultural, aesthetic and/or economic improvement. Additional
purposes are to stabilize and improve surrounding property values
while encouraging new buildings and developments that will be harmonious
with existing historic buildings and sites.
The HSD is created as a special district to be overlaid onto
the existing underlying zoning districts and to be so designated on
the Official Zoning Map by shading/screening patterns for its boundaries.
Where there happens to be any conflict between the provisions or requirements
of any of the HSDs and those of the underlying district, the more-restrictive
provisions of either district shall apply. The designation of a property
as within the Historic Site District shall not affect the use or development
of adjoining properties.
Application and approval for a building and zoning permit is
required to authorize the reconstruction, demolition, alteration,
renovation or moving of an historic landmark, building or structure.
The boundaries of the HSD shall conform to the applicant's lot of
record. No building or structure, including signs, shall be erected,
reconstructed, altered, restored, razed, demolished or moved within
the HSD unless the same is approved by the Historic Site Review Board
as being architecturally compatible with the historic landmarks, buildings
or structures therein and a building and/or zoning permit is issued.
The following procedure shall be used in placing land and structures
in the Historic Site and/or District (HSD):
A.
The owner of any landmark, building or structure in Northumberland
County, including those listed on the Virginia Landmark Register or
the National Register of Historic Places, may make a written request
of the Board of Supervisors for the addition of such landmark, building
or structure to the HSD. The application shall adhere to the applicable
procedures of this chapter. The Board of Supervisors shall refer the
request to the Historic Site Review Board, which will review the application
within 30 days of initial submission and make a recommendation to
the Board of Supervisors. A site plan described below shall be provided
for all such sites by the applicant.
B.
A site plan shall be submitted with an application for inclusion
within the HSD. The plan shall include:
(1)
The location, size and description of the site, including photographs
of structures, and landscaping. (May be omitted if site is already
listed on the Virginia Landmark Register or the National Register
of Historical Places.)
(2)
A description of the known historic significance or importance
of the site. (May be omitted if site is already listed on the Virginia
Landmark Register or the National Register of Historical Places.)
(3)
Plans (if any) for the restoration or development for public
use.
(4)
Plans for utilities (sewer, water, heat) and parking systems
for sites open to the public.
(5)
Statements of the relationship of the site to existing land
use in the surrounding area.
(6)
Evidence that the applicant has sufficient control over the
site to achieve the intent of this chapter.
The basis of approval for the HSD shall be that such sites meet
one or more of the following criteria:
A.
Designated on the National Register of Historic Places, a National
Historic Landmark or registered with the Virginia Historic Landmarks
Commission.
B.
Of value, character or interest as a part of the cultural, economic,
social, ethnic or historical heritage of Northumberland County, the
Commonwealth of Virginia or the United States.
C.
Identification as the work of an architect or master builder whose
individual work has influenced the development of the County or the
commonwealth.
D.
Representative of distinguishing characteristics of an architectural
period, type or specimen.
E.
Archaeological value in that it has produced or can be expected to
produce data affecting theories of historic or prehistoric interest.
F.
Location as the site of a significant historic event of the County,
the commonwealth or the United States.
G.
Value as an aspect of community sentiment or public pride.
H.
Identification with a person or persons who significantly contributed
to the culture and development of the County, the commonwealth or
the United States.
I.
Representative of elements of architectural design, detail, material
or craftsmanship which represent a significant architectural innovation.
A.
There is hereby created an Historic Site Review Board, to be composed
of five members appointed by the Board of Supervisors, one each from
the following:
(1)
One member at large from Northumberland County.
(2)
One member of the Planning Commission of Northumberland County.
(3)
One member of the Northumberland County Historical Society.
(4)
One member of Northumberland Preservation, Inc.
(5)
One member with a degree in architecture or extensive experience
in architectural restoration.
B.
The HSD Review Board may propose to the Planning Commission amendments
to the provisions of this chapter as deemed appropriate.
C.
Terms of office. The members shall serve overlapping terms of three
years until they are reappointed or their successors are appointed.
Initially, one member shall be appointed for a term of one year, two
members for a term of two years and two members for a term of three
years. Should a member representing a designated organization or profession
cease to be a member of that organization or profession, a new appointment
will be made by the Board of Supervisors from the same organization
or profession; but until the appointment is made, the member continues
to hold that position.
D.
Organization, meetings and records. The HSD Review Board shall elect
its Chairperson, Vice Chairperson and Secretary. A quorum of the Review
Board shall consist of three members. The Review Board will establish
rules or procedures for the transaction of business, and all meetings
shall be open to the public.
The Review Board shall design an appropriate marker in conjunction
with the Virginia Division of Historic Landmarks. The Board will also
develop the necessary regulations governing the installation of the
markers.
A.
Application for a building permit and/or a zoning permit is needed
to authorize the erection, reconstruction, alteration, demolition,
renovation or maintenance that affects the external appearance of
any historic site, building or structure designated on the Official
Northumberland County Zoning Map. No building or zoning permit shall
be issued until approval is received from the Historic Site Review
Board via the Zoning Administrator.
B.
Upon receipt of an application, the Historic Site Review Board shall
have 30 days to review the application. The applicant shall be permitted
to speak before the Review Board.
C.
The Review Board may also require additional information from the
applicant, upon which an additional 30 days or less review period
will be applied once the additional information is received by the
Review Board.
(1)
The extent to which the building or structure will preserve
or protect historic places and areas of historic significance or interest
for the general welfare of the County.
(2)
Is the building of such architectural or historical interest
that its removal would be to the detriment of the public interest?
(3)
Is the building of such old and unusual or uncommon design,
texture and material that it could not be reproduced or could be reproduced
only with great difficulty?
(4)
Would retention of the building help preserve and protect an
historic place or area of historic interest in the County?
(5)
Would the proposed relocation have a detrimental effect on the
structural soundness of the landmark, building or structure?
(6)
Would the proposed relocation have a detrimental effect on the
historical aspects of other landmarks in the HSD?
(7)
Would relocation provide new surroundings that would be harmonious
with or incongruous to the historical and architectural aspects of
the landmark, structure or building?
(8)
Would relocation of the building help preserve and protect an
historic place or area of historic interest in the County?
Whenever the HSD Review Board shall disapprove an application
to construct, alter, move, renovate or demolish an historical landmark,
structure or building, then the applicant for such permit shall have
the right to appeal to and be heard before the Board of Supervisors,
provided that he or she files with the Clerk of the Board a notice
of appeal within 15 days after the decision of the Historic Site Review
Board. The hearing date shall be advertised for at least two successive
issues of the local newspaper prior thereto, and the costs in connection
therewith shall be borne by the applicant. On any such appeal by the
applicant, the decision of the Historic Site Review Board appealed
from shall be stayed pending the outcome of the appeal before the
Board of Supervisors. The Board may affirm, reverse or modify with
specific changes the decision of the Historic Site Review Board, in
whole or part.
Within 30 days after any final decision by the Board of Supervisors,
an aggrieved party as a matter of right may appeal to the Circuit
Court for review by filing a petition at law, setting forth the alleged
illegality of the action of the Board of Supervisors. The filing of
said petition shall stay the decision of the Board pending the outcome
of the appeal to the Circuit Court, except that the filing of such
petition shall not stay the decision of the Board of Supervisors if
such decision denies the right to raze, move or demolish an historical
landmark, building or structure. The Circuit Court may reverse or
modify the decision of the Board, in whole or in part, if the court
finds upon review that the decision of the Board is contrary to law
or that its decision is arbitrary and constitutes an abuse of discretion,
or the court may affirm the decision of the Board.
In addition to the right of appeal herein set forth, the owner
of an historic landmark building or structure, the razing or demolition
of which is subject to the provisions hereof, shall, as a matter of
right, be entitled to raze or demolish such landmark building or structure,
provided that:
A.
He or she has applied to the Board of Supervisors for such right;
B.
The owner has, for a period of time set forth in the schedule contained
in § 15.2-2306 of the Code of Virginia 1950, as amended,
and at a price reasonably related to its fair market value, made a
bona fide offer to sell such landmark building or structure, and the
land pertaining thereto, to such County or to any person, firm, corporation,
government or agency thereof, or political subdivision or agency thereof,
which gives reasonable assurance that it is willing to preserve and
restore the landmark, building or structure and the land pertaining
thereto; and
C.
That 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 § 15.2-2306 of
the Code of Virginia 1950, as amended. Any appeal which may be taken
to the court from the decision of the Board of Supervisors, whether
instituted by the owner or by any other proper party, notwithstanding
the provisions heretofore stated relating to the stay of the decision
appealed from, shall not affect the right of the owner to make a bona
fide offer to sell referred to herein. No offer to sell shall be made
more than one year after a final decision by the Board of Supervisors,
but thereafter the owner may renew his or her request to the Board
of Supervisors to approve the razing or demolition of the historic
landmark, building or structure.
