§ 36.2-530. Certificates of appropriateness.

(a)

Purpose. This section is designed to encourage the preservation and enhancement of the City's historic districts and encourage rehabilitation and new construction in conformance with the existing scale and character of the districts.

(b)

Applicability.

(1)

Within the H-1 or H-2 Overlay District, no structure or historic landmark shall be erected, reconstructed, altered, demolished, moved, or restored until a Certificate of Appropriateness has been issued by the Architectural Review Board or, on appeal, by the City Council.

(2)

No Certificate of Appropriateness shall be issued unless the Architectural Review Board, or the City Council on appeal, finds that the proposed erection, reconstruction, alteration, or restoration is architecturally compatible with the structures or historic landmarks in the applicable historic district.

(3)

Where a Certificate of Appropriateness is required by this section, the Zoning Administrator shall not issue a permit for the erection, reconstruction, alteration, restoration, demolition, or moving of any structure or historic landmark until such certificate has been issued. Once the permit has been issued, the work shall be routinely inspected to ensure compliance with the terms of the Certificate of Appropriateness.

(4)

Nothing in this section shall be construed to prevent the ordinary maintenance of any structure or historic landmark in the H-1 or H-2 Overlay District. For the purposes of this section, "ordinary maintenance" means any activity relating to a structure or landmark which constitutes a minor repair of any element of a structure or landmark which is, or should be, performed on a regular and relatively frequent basis to maintain architectural and structural integrity. The determination of whether an activity constitutes ordinary maintenance, or whether an installation or modification otherwise requires a Certificate of Appropriateness under this section, shall be made by the Zoning Administrator in consultation with the Agent to the Architectural Review Board.

(A)

In the H-1 Overlay District, painting shall be deemed ordinary maintenance, provided that the color of a structure is not changed; however, changing the color of paint or the painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness.

(B)

In the H-2 Overlay District, painting shall be deemed ordinary maintenance; however, painting of previously unpainted masonry surfaces shall require a Certificate of Appropriateness.

(C)

In the H-2 Overlay District, the replacement of porches, stairs, awnings, roofing materials, or windows, or other similar modifications to an element of a structure or landmark, shall be deemed ordinary maintenance, provided that such replacement is performed using materials that are of the same design as those on the structure or landmark, and provided that such replacement maintains the architectural defining features of the structure or landmark.

(5)

Nothing in this section shall be construed to prevent the demolition of a structure or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition.

(c)

Procedures.

(1)

The Architectural Review Board may authorize its Agent to issue any Certificate of Appropriateness. The Agent, pursuant to such delegation, shall act only upon an application completed pursuant to the applicable district regulations, and shall apply the same guidelines and review standards applicable to the Board. Any person aggrieved by any decision of the Agent made pursuant to this delegation may appeal to the Architectural Review Board by filing with the Board a notice of appeal specifying the grounds thereof within thirty (30) calendar days from when the decision is rendered by the Agent.

(2)

In order to be heard by the Architectural Review Board at its next regular meeting, a complete application for a Certificate of Appropriateness shall be made to the Secretary to the Board, on forms provided, in accordance with the rules adopted by the Architectural Review Board. In the event of an appeal pursuant to subsection (1), above, a notice of appeal shall be filed with the Secretary to the Board at least fifteen (15) business days prior to the next scheduled meeting.

(3)

The Architectural Review Board shall vote and announce its decision on any matter not later than fifteen (15) calendar days after the conclusion of the hearing on the matter unless the time is extended with the written consent of the applicant. The Board shall not reconsider any decision made by it, except as provided for in this section. Having once considered an application, the Board shall not hear substantially the same application for one (1) year.

(4)

Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board.

(5)

Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant.

(6)

In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below.

(d)

Appeals from City Council decision. Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council, provided such petition is filed within thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark. The court may reverse or modify the decision of 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 the court may affirm the decision of the City Council.

(e)

Scope. A Certificate of Appropriateness is valid for a period of one (1) year from the date of the action of the Architectural Review Board or the City Council on appeal.

(f)

Demolition; offer to sell.

(1)

In addition to the right of appeal of the City Council's decision as set forth in Section 36.2-530(d), the owner of a structure or historic landmark within the H-1 or H-2 Overlay District, the demolition of which is subject to this section, shall have the right to demolish such structure or landmark provided that:

(A)

The property owner has applied to the City Council for such right; and

(B)

The owner has for the period of time set forth in the time schedule established in subsection (2) below, and at a price not more than its fair market value, made a bona fide offer to sell such structure or landmark and the land pertaining thereto, to the City, or to any person, firm, corporation, or government or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the structure or landmark and the land pertaining thereto; and

(C)

No bona fide contract binding upon all parties thereto, shall have been executed for the sale of any such structure or landmark and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule in subsection (2), below.

(2)

The time schedule for offers to sell shall be as follows:

(A)

Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00);

(B)

Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more but less than forty thousand dollars ($40,000.00);

(C)

Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more but less than fifty-five thousand dollars ($55,000.00);

(D)

Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more but less than seventy-five thousand dollars ($75,000.00);

(E)

Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more but less than ninety thousand dollars ($90,000.00); and

(F)

Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

(3)

Before making a bona fide offer to sell, as provided above, an owner shall first file a statement with the Secretary to the Architectural Review Board identifying the property and stating the offering price, the date the offer of sale is to begin, and the name of the real estate agent. No time period as set forth in the schedule in subsection (2), above, shall begin to run until such statement has been filed. Within fourteen (14) business days of receipt of such statement, the Secretary to the Board shall distribute copies to the City Council, the Architectural Review Board, and the City Manager.

(4)

Such bona fide offer to sell, in accordance with the provisions of this section, must be made within one (1) year after a final decision by the City Council. If not, an owner must renew his request to the City Council to approve such demolition in order to demolish a structure or historic landmark.

(5)

Any appeal taken pursuant to Section 36.2-530(d), shall not affect the right of the owner of a structure or historic landmark to make the bona fide offer to sell referred to above.

(Ord. No. 37633, § 9, 11-20-06; Ord. No. 41370, § 1, 1-22-19)

(Ord. No. 37633, § 9, 11-20-06; Ord. No. 41370, § 1, 1-22-19)