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Home My Public Portal About1994_09_27_O030The Town of Leesburg, qirginia ORDINANCE NO. AN ORDINANCE: 94-0-30 PRESENTED September 27, 1994 ADOPTED September 27, 1994 AMENDING SELECTED PORTIONS OF THE H-1 HISTORIC OVERLAY DISTRICT REGULATIONS OF THE LEESBURG ZONING ORDINANCE TO INCLUDE A REFERENCETO THE DESIGN GUIDELINES ADOPTED BY BOARD OF ARCHITECTURAL REVIEW AND UP]DATE THE REGULATIONS WHEREAS, in February 1994, the Board of Architectural Review adopted Design Guidelines for the Old and Historic District; and WHEREAS, the Design Guidelines will help ensure consistency in review of projects and encourage developments to be harmonious with the character of the historic district; and. WHERE/~, the H-1 Ordinance established in 1963 was not modified with the adoption of the new zoning ordinance in April 24, 1990 and contains incorrect references; and WHEREAS, the Secretary of the Interior's Standards for Rehabilitation were revised in 1990 and which Slibxrld be updated in the H-1 Old and Historic District regulations; and WHEREAS, the Planning Commission considered the amendment at the July 7., 1994 public hearing and forwarded to Council a unanimous recommendation to adopt the language that was referred to the Commission by Resolution 94-110; and WHEREAS, amending the ordinance is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE ORDAINED by the Council of the Town of Leesburg as follows: SECTION I. The following portions of Section 5A of the Leesburg Zoning Ordinance are hereby amended as shown below: Section 5A-2. ARTICLE 5. OVERLAY AND SPECIAL DISTRICT REGULATIONS SECTION 5A - Hol HISTORIC OVERLAY DISTRICT APPLICABILITY These Historic District regulations shall apply to the Old and Historic District established by the Town Council in 1963 ........................... o~ a..,;,4,~ ~ aa ~,v +~,,. Leesb'_'rg 7tnn~nv,~, r~,.~;.o...,~ ........... 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 here by continued and extended. The restrictions and requirements of this Article shall be in addition to other restrictions and requirements provided in this Ordinance. AMENDING THE H-1 DISTRICT REGULATIONS Section, 5A-3. HISTORIC DISTRICT CREATED, ESTABLISHED A historic conservation district is hereby created within the town as an overlay on the official zoning map under authority of Section 15.1-503.2 of the State Code to be known as the H-1 Historic District w,.'t.h which includes the original boundaries shown on a map designated "Gray's New Map of Leesburg" drawn from the special surveys in the year 1878 as hereby amended and described as follows: ( ..... description with no changes...) Section 5A-4. APPLICATION TO BOARD FOR HISTORIC DISTRICT ZONING PERMIT (5) ( Application Filing 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 of $20. Complete applications must be submitted at least 1.4 17 days before the scheduled monthly meeting at which applicants request consideration. (8) Public Meetings Required. The Board shall meet at least 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. Section 5A-5. DEMOLITION APPLICATIONS (4) Demolition Criteria. In reviewing demolition applications the Board shall consider the following: ao The s,.'gn,.'ffcance Preservation Index of the buildings or structures located on the Architectural-Historic Invento~ Card ~,,4 ...... h,~t,~4 h,, th,~ ~,h,,c;,-o~ Suv.,ey and for the ~fl ~o~. and The criteria listed in the Old and Historic District Design Guidelines including 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 c. The ability of the owner to put his property to reasonable beneficial use. Section 5A-6 GUIDELINES AND CRITERIA (i2) 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 Preservation Index as well as the criteria listed in the Old and Historic District Design AMENDING THE H-1 DISTRICT REGULATIONS 3 ~nferm~fion provided ~n the e>.,e Hartzeg, Lzder ~nd R~ch~r~s studies dted ~n Section 5A ~raxr~x ~,~ ~.Mo and shall ~nsider criteria set forth in the Secreta~ of the Interior's Standards for Rehabilitation Revised .... ~o~ 19~, as amended. ~;~o_~ .......... ~r ~h~ complete q,~a~o ~hall h ..... il~h~ ....... i~ ~ .... "~ The Standards for Rehabilitation are as folloWs: Eve.9' reasonable effort shall be made to p .... ;a ..... pota,~ .....e ......... ~, shall be used for its historic pur~se or be placed in a new use, that requires minimal change to the defining characteristics of the building and its site and environment. and its environment sh~ll not be destroyed. The removal er alteration of any historic material er distinctive architectural features should be avoided when ~;~ The historic character of a properW shall be retained and presemcd. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided_ Al! buildings, structures, and sites ~ho. time. Alterations that have ne historical basis and which seek to create an ear!ica' ........... hall ho a; ...... .goa Each properW shall be recognized as a physical re.rd of its time, place, and use. Changes that create a false sense of historical development, such as adding ~niectural features or architectural elements from other buildings,shall not be undertaken. These changes maI, have acquired significance in their own ri[ght, and thi.z =;,,m ...... h,n ~ ..... g,i,oa ,-a respected. Most properties change over time; those changes that have acquired historic si~ificance in their own right shall be retained and prese~ed. Distinctive stylistic features or examples of skilled craOsm?.nship which characterize a building, structure, or site shall be treated with sensitivity. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. T. tho o,,o,.,* ,'or, la,..,..,=,.* ;o neeessa.~,, tho no,,,, mato.-b~l ,,,tab ,h,~ ,-,,ato,-ial hal,,, replaced i, composition, design, ,-,-~,- ,,~vt .... , and should be based on accurate d-p!ications of feat-res, substantiated bI, historic, ,-a .... ~,-o, ,-,,- pi,-,,,~ia, o,,i4 ...... ,ho~ than on conjectural designs or the .... ;'o~-;';ty of different architectural elements ~em other buildings or structures. AMENDING THE H-1 DISTRICT REGULATIONS 4 Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the ne,;; feature shall match the old in design, color, texture, and other visual qualities and. where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. The surface cleaning of structures shall ~,o ,,.ao.ot. ..... ;,~, t,.,~ f,o.,,,.~, -,o~... D~i!di~g m=teri~!s sh~!! ~ot be undert=kem Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleanin~ of structures, if appropriate, shall be undertaken using the ~entlest means ~ssible. Eve.~, reasonable ,~ffnrt eh~ll ho m~rt,~ tn nrntot-t ~ncl preSeP/e ~rohonln~o~! ................. , .... , ........... , r-~o-ct, nificant archeolo cai resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. h~;~t ~;~ .... ~ .....~, .... ~ ~t~;~ ~-n .... h desi~ ;~ compri!Ne with enviroement. New additions, e~erior alterations, or related new ~nstruction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be ~mpatible with the: massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. a manner that if such additions or alterations were to be removed in *~ .... 9ature, additions, exterior alterations, or related new ~nstruction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be ~mpatible with the massing, size, ~ale, and architectural features to protect the historic inte~ity of the properW and its environment. 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 surw:y of 1976 as having a Preservation Index of A or B architectural significance of"Outstanding", "Excellent" or "Sigv. ificant", 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. AMENDING THE H-1 DISTRICT REGULATIONS 5 (3) 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. More specific criteria for appropriate new construction can found in the Old and Historic Design Guidelines. The Board shall amend the Old and Historic Design Guidelines ~ for new construction as it deems appropriate. Section 5A-7. MAINTENANCE OF HISTORIC PROPERTIES 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 ferm design or materials. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 27th day of September ,1994. ATTEST: Clerk of Council James E. Clem, Mayor Town of Leesburg o:H-1REGSA