HomeMy Public PortalAbout1987_02_11_O004 Amending the ZO for Historic District Regulationseesourg in ~V'irginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED February 11, 1987
87-0-4 ADOPTED February 11, 1987
AMENDING THE LEESBURG ZONING ORDINANCE REGARDING
HISTORIC DISTRICT REGULATIONS
WHEREAS, the Council on August 27, 1986, initiated an amendment to
the Leesburg Zoning Ordinance to extend and clarify the Historic District
Regulations adopted in 1963 as Article 10A; and
WHEREAS, this amendment has been recommended by the Board of Archi-
tectural Review; and
WHEREAS, a public hearing of the Planning Commission was held on this
amendment on November 6, 1986; and
WHEREAS, the Planning Commission recommended to Council approval of
this amendment on November 20, 1986; and
WHEREAS, a public hearing of the Council was held on this amendment
on January 28, 1987; and
WHEREAS, this amendment is in the interest of the public necessity,
convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir-
ginia as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopt-
ing a new Article 3B: Historic District Regulations, as contained in the
text under this title submitted to Council dated February 6, 1987, with the
amendment contained in the February 9, 1987 memorandum from Susan Sherman.
SECTION II. The prior Article 10A of the Leesburg Zoning Ordinance,
Section 750 of the Loudoun County Zoning Ordinance, as adopted and
administered by the Town of Leesburg in the annexation
AMENDING HISTORIC DISTRICT REGULATIONS 2
area, and all other prior ordinances in conflict herewith are hereby
repealed.
SECTION III. Severability. If any provision of this Article is
declared invalid by a court of competent jurisdiction, the decision
shall not affect the validity of the Article as a whole or of any
remaining provision of the Article.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this llth day of February , 1987.
Robert E. Sevila, Mayor
Town of Leesburg
ATTE ST:
Clerk of ~ouncil
ARTICLE 3B - HISTORIC DISTRICT REGULATIONS
Section 3B-1. PURPOSE AND INTENT
The purpose of these Historic District Regulations is to carry out the
Town Plan goal of protecting the Old and Historic District and
individual historic landmarks, not only for their own value as community
resources, but also because of their contribution to the town's unique
character; to encourage the protective maintenance of historic
structures; to protect, enhance and perpetuate such buildings,
structures, and landscape features which represent elements of the
town's cultural, social, economic, political and architectural history;
to stabilize and improve property values; to foster civic pride in the
town's past; to protect and enhance the town's attractions to tourists
and visitors and the support and stimulus to business and industry
thereby provided; to strengthen the economy of the town; and to promote
the use of historic districts and historic resources for the education,
pleasure and welfare of the people of the town.
Section 3B-2. APPLICABILITY
These Historic District regulations shall apply to the Old and Historic
District established by the Town Council in 1963 as Article 10A of the
Leesburg Zoning Ordinance and to all areas or places designated by the
Town Council as historic districts or landmarks following the effective
date of this ordinance. The precedents established by the former
Article 10A are hereby continued and extended. The restrictions and
requirements of this Article shall be in addition to other restrictions
and requirements provided in this ordinance.
Section 3B-3. HISTORIC DISTRICT CREATED, ESTABLISHED
A historic conservation district was created within the town in 1963 as
an overlay on the official zoning map under authority of Sec.
15.1-503.2 of the State Code to be known as the H-1 Historic District
with boundaries to be the same as shown on a map designated "Gray's New
Map of Leesburg" drawn from special surveys in the year 1878 and
described as follows:
"Beginning on the east at the intersection of Loudoun and
Market Streets and running northeast parallel to Church
Street to the intersection of a line in projection of North
Street; thence northwest in a straight line to and along
North Street to the intersection of Church Street; thence
northeast in a straight line parallel to King Street to the
intersection of a line in projection of Union Street;
thence in a straight line northwest to and along Union
Street to the intersection of a line in Extension of
Liberty Street; thence southwest in a straight line to the
intersection of Liberty and North Streets; thence northwest
in a straight line in extension of North Street until
intersecting a line in projection of Ayr Street; thence
southwest to and along Ayr Street to a point 100 feet
southwest of the intersection of Ayr Street and Town Branch
Creek; thence in a straight line in extension of South
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Street southeast to a point 200 feet west of King Street,
still on an extension of South Street; thence in a straight
line southwest parallel to King Street to a point 500 feet
south of the railroad; thence east across King Street in a
straight line parallel to South Street for 1700 feet;
thence northeast in a straight line parallel to King Street
to the intersection of Loudoun and Market Streets."
Section 3B-4. APPLICATION TO BOARD FOR HISTORIC DISTRICT ZONING PERMIT
(a) Board power to approve
No building or structure (defined for the purposes of this Article
as anything man-made, including but not limited to outbuildings,
fences, walls, lamp posts, light fixtures, signs, signposts, and
paving) within the Historic District shall be altered in any of the
following ways unless a Historic District Zoning Permit has been
issued by the Board of Architectural Review, hereinafter referred
to as the Board or the BAR, as established in Article 10 for such
work:
(1) Change in the exterior appearance of existing buildings or
structures;
(2) Demolition of any building or structure, in whole or in part;
(3) Movement of any building or structure;
(4) Any new construction;
(5) Reconstruction of existing walls and fences, or construction
of new walls and fences; and
(6) signs.
(b) Required contents of applications
When making application for an Historic District Zoning Permit,
applicants must submit information for consideration by the Board,
including the following:
(1) all architectural elevations drawn to scale;
(2) site plans;
(3) complete materials list;
(4) photographs or drawings relating the proposed project
to the surrounding streetscape;
(5) proposed colors;
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(6) lighting; and
(7) landscaping, when required by Article 9A of this ordinance.
(c) The Land Development Official and/or the Board may at their
discretion waive any of the above requirements deemed not to be
necessary for review of applications for minor alterations,
demolitions or construction of walls and fences.
(d) When making application for an Historic District Sign Permit,
applicants must submit the following information:
(1) a scale drawing of the proposed sign;
(2) proposed materials for the sign and its support and the
lighting method to be used;
(3) the proposed sign message;
(4) the style and size of lettering; and
(5) a sketch or photograph showing the proposed location
of the sign on the building or site.
(e) Application Filin~ Deadline and Fee
Applications for Historic District Zoning Permits must be made on
forms provided by the Zoning Administrator and must be accompanied
by a filing fee as established by resolution of the Town Council.
Complete applications must be submitted at least 14 days before the
scheduled monthly meeting at which applicants request
consideration.
(f) Review of Plans in a Timely Manner
The Board shall vote and announce its decision on any matter
properly before it not later than 45 days after the conclusion of
the public meeting on the matter, unless the time is extended by
mutual agreement between the Board and the applicant or unless as
provided in Section (i) of the article.
(g) Board Actions on Applications
In response to applications for Historic District Zoning Permits,
the Board shall approve, deny, or approve in modified form the
applications.
(h) Public Meetings Required
The Board shall meet once monthly to consider applications for
Historic District Zoning Permits. The meeting of the Board shall
be open to the public and a full and impartial hearing shall be
granted to the applicant and to any other interested parties.
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(i) Board Authority to Seek Outside Advice
The Board may seek technical advice from outside its members on any
application. If the Board seeks outside advice, the Board shall
provide a copy of the consultant's report to the applicant and
shall render a decision on the application within 90 days from the
date that the complete application was filed.
(j) Form of Decision
Ail decisions of the Board granting or refusing a Historic District
Zoning Permit shall be in writing, a copy of which shall be sent to
the applicant and a copy filed with the Town Office.
(k) Explanation of Disapprova!
In the case of denial of an Historic District Zoning Permit, the
Board shall state the reasons for such denial in writing and
transmit the written statement to the applicant. In the statement
the Board may make suggestions that would help the applicant in the
resubmission of an application.
(1) Accurate Drawings of Approved Plans Required
Before issuing zoning permits for any work which has been approved
by the Board, the Zoning Administrator shall require applicants to
submit plans that accurately reflect any changes or conditions
imposed by the Board in its approval of projects.
(m) Conformance with Permit Required
Ail work performed pursuant to issuance of an Historic District
Zoning Permit shall conform to the approved plans and
specifications and to any modifications required by the permit. In
the event work is performed not in conformance with the permit, the
Zoning Administrator shall notify the responsible person or firm
in writing of the violation and shall take the necessary legal
steps to ensure that the work is performed in conformance with the
permit.
(n) Permit Void if Construction Not Commenced
An Historic District Zoning Permit shall become void unless
construction is commenced within 12 months of the date of issue.
(o) Change of Plans after Issuance of Permit
Any change in the work plans subsequent to the issuance of an
Historic District Zoning Permit shall require submission of a new
application and issuance of a new permit.
(p) Violations
The enforcement of the provisions of this Article shall be the
responsibility of the Zoning Administrator or designee. The Zoning
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Administrator shall take the necessary legal steps to stop work
that is being performed without a Historic District Zoning Permit.
Any violation of these regulations is a criminal misdemeanor as
provided in this ordinance.
(q) Appeals
(1) Appeals to the Board. The Board shall not hear the subject
matter of any application which has been denied except in
cases where an applicant submits his application so amended
that it substantially addresses the Board's reasons for
denial of the original application.
(2) Appeals to the Council. Appeals to the Council from any final
decision of the Board of Architectural Review may be made by
any person by filing a petition with the Clerk of Council,
setting forth the basis for the appeal, within 30 days after
the final decision is rendered. The filing of the petition
shall stay the decision of the Board pending the outcome of
the appeal to the Council, except that the filing of such
petition shall not stay the decision of the Board if such
decision denies the right to raze, demolish or move any
structure or building subject to the provisions of this
Article. The Council may reverse or modify the decision of
the Board in whole or in part, if it finds upon review that
the decision of the Board is contrary to the law or that its
decision is arbitrary and constitutes an abuse of discretion,
or it may affirm the decision of the Board.
(3) Appeals t__o th__e Circuit Cour__t o__f Loudoun County. Appeals to the
Circuit Court of Loudoun County from any decision of the
Council may be made by any person by filing a petition at law,
setting forth the alleged illegality of the action of the
Council within 30 days from the final decision rendered by the
Council. The filing of the said petition shall stay the
decision of the Council pending the outcome of the appeal to
the Court, except that the filing of such petition shall not
stay the decision of the Council if such decision denies the
right to raze or demolish a historic landmark, building or
structure. The court may reverse or modify the decision of
the Council in whole or in part, if it finds upon review that
the decision of the Council is contrary to law or that its
decision is arbitrary and constitutes an abuse or discretion
or it may affirm the decision of the Council.
Section 3B-5. DEMOLITION APPLICATIONS
(a) Board's authority to review demolition permit applications
No building or struct6re subject to the provisions of this Article
shall be demolished until its owner has applied for and received an
Historic District Zoning Permit from the Board of Architectural
Review except as otherwise provided in Section 3B-5(e), below.
(b) Acceptable BAR reactions to applications for demolition permits
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The Board may approve or modify applications to demolish or may
deny such applications.
(c) Consideration o~f post-demolition plans
The Board shall consider, and applicants shall be required to
provide, for all principal structures to be demolished,
post-demolition plans for any site governed by this Article and the
appropriateness of such plans to the architectural character of the
district.
(d) Demolition criteria
In reviewing demolition applications the Board shall consider the
following:
(1) the significance of the buildings or structures as evaluated
by the Physical Survey and Analysis of the LeesburK Old and
Historic District prepared by Hartzog, Lader and Richards
dated February 1976 and by the Physical Design Plan for the
Leesbur~ Old and Historic District prepared by the same firm
and dated June 30, 1976; and
(2) the extent to which loss of the buildings or structures would
affect the historic and architectural character of surrounding
properties and of the entire Old and Historic District; and
(3) the ability of the owner to put his property to reasonable
beneficial use.
(e) Demolition delay period
The owner of a building or structure, the demolition of which is
subject to the provisions of this article, shall, as a matter of
right, be entitled to demolish such building or structure provided
that:
(1) He has applied to the Board for such right.
(2) He has for a period of time set forth in the time schedule set
forth in Section (3) below, and at a price reasonably related
to its fair market value, made a bona fide offer to sell such
building or structure, and the land pertaining thereto, to any
person, firm, corporation, government or agency thereof, or
political subdivision or agency thereof, which gives
reasonable assurance that it will preserve and restore the
building or structure and the land pertaining thereto.
(3) No bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such building or
structure, and the land pertaining thereto, prior to the
expiration of the applicable time period as set forth in the
time schedule hereinafter contained. Any appeal which may be
taken to the court from the decision of the Town Council shall
not affect the right of the owner to make a bona fide offer to
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sell. Offers to sell as provided in Section (2) above shall
be made within one year of the date of application to the Town
Council. The time schedule for offers to sell shall be as
follows:
Property Valued At:
Minimum Offer To Sell Period
$25,000 or less
$25,000-$40,000
$40,000-$55,000
$55,000-$75,000
$75,000-$90,000
$90,000 or more
3 months
4 months
5 months
6 months
7 months
12 months
(f) BAR activities while action on demolition permit suspended
During the demolition delay period set forth above in Section (3),
the Board may take such steps as it deems necessary to preserve the
buildings or structures concerned, in accordance with the purposes
of these regulations. Such steps may include, but are not limited
to, consultation with civic groups, public agencies and interested
citizens, recommendations for acquisition of property by public or
private bodies or agencies, and exploration of the possibility of
moving one or more structures or other features.
(g) Owner required to make bona fide offer to sell during delay period
Before making a bona fide offer to sell, provided for in Section
(3) above, the owner shall first file a statement with the Town
Council. That statement shall identify the property, state the
offering price, the date the offer of sale is to begin and name and
addresses of listing real estate agents, if any. The stated
offering price shall be established by an appraisal prepared by a
certified real estate appraiser. The statement shall provide
assurances that the building or structure shall be preserved and/or
restored, as appropriate. No time period set forth in the time
schedule contained in Section 3B-5(e)(3) shall begin to run until
the statement has been filed.
If the town does not agree with the appraisal price as set forth
above, the town, within five days of receipt of the offering price,
at its option and expense may hire another certified appraiser to
render an appraisal. Said appraisal shall be submitted to the town
within 30 days of the request. The appraiser selected by the owner
and the appraiser selected by the town shall select a third
appraiser. The offering price of the property shall be established
by the three appraisers.
Section 3B-6. GUIDELINES AND CRITERIA
(a) General Criteria
In considering the appropriateness of any application, the Board
shall consider the architectural significance and appearance,
historic significance, and appropriateness of the proposed use of
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the property.
(b) Criteria for Existing Buildings and Structures
In deciding upon applications to alter buildings or structures
subject to the provisions of this Article, the BAR shall consider
the architectural and historic significance ratings as well as
other pertinent information provided in the two Hartzog, Lader and
Richards studies cited in Section 3B-5(d) of this Article and shall
consider criteria set forth in the Secretary of the Interior's
Standards for Rehabilitation Revised 1983, as amended. Copies of
the complete Standards shall be available as a guide to applicants.
The Standards for Rehabilitation are as follows:
(1) Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the
building, structure, or site and its environment, or to use a
property for its originally intended purpose.
(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 historic material
or distinctive architectural features should be avoided when
possible.
(3) Ail buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no
historical basis and which seek to create an earlier
appearance shall be discouraged.
(4) Changes which may have taken place in the course of time are
evidence of the history and development of a building,
structure, or site and its environment. These changes may
have acquired significance in their own right, and this
significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or
site shall be treated with sensitivity.
(6) Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is
necessary, the new material should match the material being
replaced in composition, design, color, texture, and other
visual qualities. Repair or replacement of missing
architectural features should be based on accurate
duplications of features, substantiated by historic, physical,
or pictorial evidence rather than on conjectural designs or
the availability of different architectural elements from
other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall
not be undertaken.
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(8) Every reasonable effort shall be made to protect and preserve
archeological 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) Wherever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or
alterations were to be removed in the future, the essential
form and integrity of the structure would be unimpaired.
(11) In addition to the standards listed above, the application of
artificial siding, including aluminum and vinyl sidings, on
existing buildings shall not be permitted for any structure
rated by the Hartzog, Lader & Richards survey of 1976 as
having architectural significance of "Outstanding,"
"Excellent" or "Significant," or for any individual historic
landmark due to its inappropriateness, its potential to damage
wood frame buildings and its destruction of the unique
character of wood materials and craftsmanship.
(c) Criteria for new construction
In deciding upon applications for new construction, the Board shall
take into account the extent to which the building or structure
would be appropriate or incongruous to the Old and Historic
District as well as its immediate surroundings; and
The Board shall consider major design elements, including site
planning; massing, proportion and scale; roof, windows and
doorways; and all exterior architectural elements, including
materials, colors, trim and other details.
The Board shall adopt additional guidelines for new construction as
it deems appropriate.
Section 3B~7. MAINTENANCE OF HISTORIC PROPERTIES
(a) Routine maintenance exclusion
Nothing in this article shall be construed to prevent the routine
maintenance or repair of any exterior elements of any building or
structure so long as there is no change in form or materials.
(b) Protective maintenance rgquirement
(1) Purpose
Pursuant to Article 9 Section 15.1-503.2(b) of the Code of
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Virginia, as amended, the purpose of this section is to
prevent the demolition by neglect of any building or structure
by permitting permanent damage by weather or vandalism.
(2) Intent
The intent of this section is ensure that the owner of any
building or structure subject to the provisions of this
Article shall keep such building or structure properly
maintained and repaired in accordance with this section, the
provisions of the state building code and housing code and the
provisions of Article II. General Construction and Maintenance
Requirements and Article I Section 11-38 of the Town Code.
(3) Degree of Maintenance Required
The degree of maintenance and repair hereby required is that
degree sufficient to prevent damage to the structural
components and/or the exterior that would cause the collapse
of the structure or that would cause the building to become so
deteriorated as to prevent its repair and preservation. Acts
which the owner may be required to perform pursuant to this
paragraph shall include the following: securing the building
or structure by boarding up doors and windows; stabilizing
walls, roofs and other parts of the building or structure; and
termite treatment.
(4) Enforcement
The Board shall request a meeting with an owner when a
property is in a seriously deteriorated condition and the
Board shall discuss with the owner ways to improve the
condition of the building or structure. After this step the
Board may request the Zoning Administrator to investigate
further the condition of such building or structure and to
make a determination within 14 days of violations of this
ordinance. Upon finding that a building is in a seriously
deteriorated condition which threatens its preservation, the
Zoning Administrator shall notify the owner in writing and
shall identify specific repairs and work necessary to comply
with the provisions of this Article. The owner shall have 90
days from written notification to complete necessary repairs
and work identified by the Zoning Administrator. Failure to
complete the necessary repairs and work within 90 days shall
constitute a violation of this ordinance.
Section 3B-8. DESIGNATION OF HISTORIC DISTRICTS AND LANDMARKS
The H-1 Historic District may be enlarged and new historic districts and
individual landmarks may be established pursuant to Section 15.1-503.2
of the Code of Virginia as amended, upon recommendation of the Board of
Architectural Review and adoption by the Council.
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(a) Preliminary research
The Board shall undertake to establish and maintain a list of
structures, sites and areas having a special historical,
architectural or aesthetic interest or value.
(b) Recommendation of historic districts and landmarks
The Board may recommend to the Town Council the initiation of a
zoning ordinance amendment in accordance with Sections 15.i-431 and
15.1-491(g) of the Code of Virginia, as amended, to designate
landmarks and historic districts from the list established under
subsection (a) above for preservation and protection. Upon making
such a recommendation, the Board shall submit a report giving the
reasons for its recommendation.
(1) Criteria for selection
A structure, group of structures, site or district may be
recommended for designation as a landmark or landmark district
if it
((a)) has significant character, interest or value, as part of
the town's development or heritage; or
((b)) portrays the environment in an era of history
characterized by a distinctive architectural style; or
((c)) is the work of a designer whose individual work has
significantly influenced the development of Leesburg; or
((d)) contains elements of design, detail, materials or
craftsmanship which represent a significant innovation;
or
((e)) by being part of or related to a square, park or other
distinctive area, should be developed or preserved
according to a plan based on an historic, cultural or
architectural motif; or
((f)) owing to its unique location or singular physical
characteristic, represents an established and familiar
visual feature of the neighborhood, community or town.
(2) Boundaries
In the Board's recommendation to the Council, historic
districts or individual landmarks must be precisely described
by legal boundaries.
(3) Application for designation
Designations may be initiated by resolution of the Town
Council upon recommendation of the Board or on the application
of the owner(s) of the property to be designated or their
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authorized agents, or on the application of any organization
with a recognized interest in historic preservation. When the
application has not been made by the owner, he shall be given
written notice of the designation under consideration.
(4) Moratorium o__n alteration o__r demolition while designation
pendin~
No applications for a zoning permit to construct, alter or
demolish any structure or other feature on a landmark site or
in an historic district, filed subsequent to the day that an
application has been filed or a resolution adopted to initiate
designation of the said landmark site or historic district,
shall be approved by the Zoning Administrator while
proceedings are pending on such designation; provided,
however, that after 90 days have elapsed from the date of
initiation of said designation, if final action on such
designation has not been completed, the permit application may
be approved.
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