(A) Purpose and intent. The purpose of this Historic Preservation Overlay District is to promote appreciation for and protection of the character and heritage of the villages, towns and countryside of Northampton County by preserving and enhancing historic districts and their gateways, buildings, structures, places and areas (historic properties) that have special historical, cultural, architectural or archeological significance, consistent with VA Code §§ 15.2-2283, 15.2-2284, and 15.2-2306. Specifically, the HP regulations are designed to:
(1) Preserve and improve the quality of life for residents of Northampton County and the historic quality of neighborhoods by protecting historic properties;
(2) Educate residents and visitors about Northampton County's cultural and historic heritage and foster a sense of pride in this heritage;
(3) Strengthen Northampton County's economic base and promote tourism by protecting historic properties that enhance the quality of Northampton County's villages, towns and countryside and that are attractive and interesting to visitors;
(4) Stabilize and raise property value by providing incentives for upkeep and rehabilitation of property;
(5) Recognize that the destruction or alteration of historic properties or encroachment upon them may cause the permanent loss of resources that are of great value to the people of Northampton County;
(6) Provide incentives and controls to encourage preservation of Northampton County's historic heritage and to ensure that losses are avoided when possible;
(7) Encourage uses that will lead to the continuance and improvement of historic properties in a manner appropriate to the historic heritage of Northampton County.
(B) Historic Preservation Districts. Historic Preservation Districts are hereby created and shall be referred to herein as HP Districts. Such HP Districts may be created in the manner described in this section when the Board of Supervisors determines that a site is of architectural or historic significance to the county and should be perpetuated for the general welfare of the county.
(1) The HP District may be applied in the following situations:
(a) Building or structures officially designated by the Virginia Board of Historic Resources;
(b) Buildings or structures within the county having an important historic, architectural, archeological or cultural interest and recommended by the county's Historic Review Board (HRB) as being worthy of HP designation;
(c) Historic areas within the county as defined by VA Code § 15.2-2201 and recommended by the HRB as being worthy of HP designation.
(2) Any area in which a structure or group of structures having an important historical, architectural or cultural interest is located may be designated a HP District if it meets one or more of the following criteria:
(a) Is associated with persons, events, activities or institutions significant to the nation, to the Commonwealth of Virginia, or to Northampton County;
(b) Contains buildings whose exterior design or features embody the distinctive design characteristics of one or more historic eras, styles, materials, or construction methods, or exemplify the work of a master;
(c) Reflects the cultural, political, economic, social, architectural or historical heritage of the towns, hamlets, current and former settlement areas, and villages of Northampton County;
(d) Contains qualities that significantly contribute to present-day knowledge and understanding of lifestyles, activities, events or experiences of a previous era;
(e) Is likely to yield information to history or prehistory.
(3) Regulations within the HP District are intended to:
(a) Protect against destruction of or encroachment upon such historic landmarks and to encourage their use in such a way as to promote their continuance, conservation and improvement in a manner appropriate to the preservation of the cultural, social, economic, political, architectural, or archaeological heritage of the county;
(b) Prevent creation of environmental influences adverse to such purposes;
(c) Assure that new buildings, structures, and uses within an HP District will be in keeping with the character to be preserved and enhanced.
(4) Identifying HP Districts:
(a) Potential HP Districts may be identified by the HRB, by individual citizens, by community groups, by the Northampton County Planning Commission or the Northampton County Board of Supervisors or by the Board of Historic Resources. The HRB may encourage local groups of Northampton County citizens to identify their own villages, towns or neighborhoods as HP Districts, where appropriate;
(b) Once a potential HP District is identified, application forums and directions for their completion may be obtained from the HRB. Applications must include the location and boundaries of the proposed district, a description of the District, a statement of significance, a list of properties within the district and the owner of each, and other information required by the HRB. Maps and photographs should be included that define the boundaries and illustrate the significance of the proposed district;
(c) A completed application for the creation of a HP District will be submitted to the HRB for review. The Historic Review Board will review the application with VDHR;
(d) A public meeting will be held to review and evaluate each HP District application. Notice of the public meeting will be posted on each property within the proposed HP District at least ten days prior to the meeting. After the conclusion of the public meeting and public comment period, the HRB will report its recommendation and submit the application to the Northampton County Planning Commission and Board of Supervisors, in keeping with the process of review established under VA Code § 15.2-2204, as amended.
(5) Boundary delineation:
(a) The boundaries of a HP District will be drawn to include all lands specifically related to and bearing on the character of the historic property and/or area. The boundaries will be sufficiently large to provide a landscape unit and afford transitional area needed to control potentially adverse influences and to ensure that the context of the historic property and district, and its features, are protected. Such boundaries may include both sides of a street where appropriate to accomplish the preservation objective;
(b) The boundaries of an HP District designating a historic landmark shall be delineated on the official zoning map.
(6) Amending the HP District boundaries and regulations:
(a) Amendments to the provisions of this section, as well as to any HP District boundary, including the delineation of any new HP District, shall be in accordance with procedures for other text and/or map amendments to this chapter.
(b) The HRB may propose to the Planning Commission and/or the Board of Supervisors such amendments as deemed appropriate, including the establishment of HP Districts and revisions to existing HP District boundaries. Upon receipt of such proposal, the Board of Supervisors or the Planning Commission may initiate such amendment;
(c) The Planning Commission, in cooperation with the HRB, shall prepare and submit a report to substantiate the proposed amendment. Such report shall propose HP District boundaries as well as document the historic and/or architectural significance of the building, structures or sites to be protected;
(d) The Planning Commission's report may include, but is not limited to, recommended detailed regulations to be applied within the District and to supplement or modify general regulations set forth herein. Such detailed regulations may include permitted and prohibited principal and accessory uses and structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off-street parking and loading requirements, control of signs and exterior illumination, control of exterior character of buildings and sites when visible from a public way only, and control of additions to or removal of existing buildings where such controls and regulations are only for the express purpose of preventing changes which are architecturally incompatible with the historic landmark to be preserved.
(7) It is further the intent of this section that in the identification of historic landmarks, in delineating any HP District on the zoning district map, and in the administration of this section, the Board of Supervisors and the Planning Commission shall seek and obtain the advice and assistance of the Virginia Historic Landmarks Commission and the HRB, which is created herein, and other organizations or individuals qualified by interest, training and experience in achieving the objectives set forth.
(C) Action by Board of Supervisors. In considering the adoption or creation of, and the amendment to, an HP District, the Board of Supervisors will give significant consideration to the statements and recommendations of the Virginia Historic Landmarks Commission, as well as the HRB and the Planning Commission. Appeals of decisions to create or amend an HP District shall be to the Circuit Court of Northampton County.
(D) Historic Review Board.
(1) Creation. A Historic Review Board (HRB) is created to administer this overlay district. The HRB is created pursuant to the authority of VA Code § 15.2-2306, for the purposes set forth in the Code of Virginia and in this section. The HRB shall consist of six members to be appointed by the Board of Supervisors.
(2) Membership. The HRB members shall:
(a) Be residents of Northampton County;
(b) Have a demonstrated interest in and knowledge of the historic character of Northampton County;
(c) If possible, at least two members should meet the Secretary of the Interior's Professional Qualifications Standards for history, archeology, architectural history, architecture or historic architecture;
(d) At least one member shall be appointed from the Planning Commission upon recommendation to the Board of Supervisors by the Planning Commission;
(e) If possible, one member shall be a licensed real estate broker, one shall be a licensed architect, and one shall be a practicing attorney with membership in the Virginia Bar;
(f) Two shall be citizens-at-large.
(3) Administration.
(a) HRB members shall be appointed for a term of four years. Initial appointments shall be three members for four years and three members for two years. The term of the Planning Commission member shall be concurrent with his/her appointment to the Planning Commission.
(b) The HRB shall elect from its own membership a Chairperson, a Vice-Chairperson and a Secretary, who shall serve annual terms and may succeed themselves.
(c) The HRB shall meet as needed, but not less than twice a year. Special meetings of the HRB may be called by the Chairperson or by two members upon written request to the Secretary. The Secretary shall mail to all members of the HRB, at least five days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the HRB. The HRB may make, alter, or rescind rules and forms for its procedures consistent with the ordinances of the county and the general laws of the state. HRB members are required to exempt themselves from voting on any action in which their financial interests or those of their immediate family are directly involved.
(4) Responsibilities. The HRB shall give counsel to the Planning Commission, the Board of Supervisors and/or the agent designated by the Board of Supervisors on rezonings, special use requests, development plans, permits, and approval requests, regarding historic resources. In addition to the aforementioned duties and powers, the HRB shall have the following duties:
(a) To assist and advise the Board of Supervisors, the Planning Commission, and other county departments and agencies in matters involving historically significant sites and buildings, such as appropriate land usage, parking facilities and signs;
(b) To advise owners of historic landmarks, buildings or structures on problems of preservation;
(c) To propose from time to time, as deemed appropriate, the establishment of historic districts and revision of the existing historic districts;
(d) To identify, develop, and implement positive incentives to encourage maintenance, rehabilitation and reuse of historic properties that recognizes and perpetuates their historic significance;
(e) To develop mechanisms for identifying historically significant surplus publicly-owned structures and creating incentives for adaptive reuse that will return them to positive use;
(f) To sponsor and encourage public information activities to publicize historic preservation efforts, disseminate information on historic preservation benefits, issues, and concerns. Activities may include, for example, open houses, walking tours, speeches, brochures, public meetings, press releases, and films;
(g) To conduct or cause to be conducted a continuing survey of historic properties in Northampton County according to guidelines established by Virginia Department of Historic Resources;
(h) To maintain and develop inventories of historic properties in Northampton County;
(i) To advise Northampton County residents about measures that they may take to preserve the historic character of their structures, districts, towns and villages;
(j) To act in an advisory role to other officials and departments of Northampton County government regarding protection and enhancement of historic properties, including providing advice and recommendations on particular projects and developments;
(k) To review all proposed National Register nominations for properties within the boundaries of Northampton County. If the review of a nomination normally would involve a professional discipline not represented on the HRB, the HRB must seek appropriate advice before rendering its decision;
(l) To review projects and developments that may change the historic character of a HP District and report findings;
(m) To formulate necessary administrative procedures and requirements for such certificates;
(n) To develop specific guidelines for each HP District that delineate specific criteria for the approval of certificates of appropriateness;
(o) To prepare an annual report on its activities, recommendations for future historic preservation priorities, concerns and actions, and the status of historic preservation within Northampton County;
(p) To formulate recommendations concerning the establishment of a system of markers for selected historic sites and buildings, including proposals for the installation and care of such historic markers;
(q) To coordinate local historic preservation efforts, cooperate with and enlist assistance from the Virginia Department of Historic Resources, the National Trust for Historic Preservation, the Commission, and other interested parties both public and private in its efforts to preserve, restore and conserve historic and/or aesthetic landmarks, buildings, sites or areas in the county; and
(r) To employ secretarial assistance and pay salaries, wages and other incurred necessary expenses, pursuant to appropriations by the Board of Supervisors.
(5) Training.
(a) Each HRB member shall attend at least one informational or educational meeting per year pertaining to work and functions of the HRB relevant to historic preservation. The training must be approved in advance by the Virginia Department of Historic Resources. The Virginia Department of Historic Resources may waive this requirement in exceptional circumstances in the case of any individual member, so long as a majority of members receive such training in any year.
(b) The Virginia Department of Historic Resources will make orientation materials and training available to the HRB. The materials provided by the Virginia Department of Historic Resources will be designed to provide a working knowledge of the roles and operations of federal, Virginia, and local preservation programs.
(E) Criteria for making recommendations and evaluating projects in HP Districts. In making its recommendations and determining whether a proposed building or structure, including signs, may be erected, reconstructed, altered or restored within the HP District, the HRB should evaluate, at a minimum:
(1) The historic and architectural significance of the resource;
(2) The value and use of the structures involved and those in the vicinity;
(3) Compatibility with and effects on the surrounding properties and the historic district as a whole, including historic landmarks, buildings, and structures;
(4) Whether or not the proposed project would set a precedent that would impact other properties in the district;
(5) Whether the proposed project imposes inordinate hardship on the landowner/applicant;
(6) The anticipated impact, if any, of the proposal on the county's tourist industry;
(7) Whether the proposed project conforms to the criteria set forth by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1992);
(8) Whether the applicant's proposals are architecturally compatible with the motif and character of the HP District;
(9) Whether the project is in keeping with the overall character of the HP District;
(10) Whether the height, proportion, openings, spacing, roofs, walls, fences, landscaping, and scale of the proposed work are compatible with the HP District;
(11) Whether the materials, textures, and colors planned for use are compatible with the character of the HP District;
(F) Additional Regulations. Within an HP District, the following additional regulations shall apply:
(1) Demolition, exterior alteration. No officially designated historic landmark, building, or structure within an HP District shall be razed, demolished, removed, or altered in exterior architectural features or appearance, including the placement of signs, until a certificate of approval is issued by the Board of Supervisors, acting upon the advice of the HRB.
(2) Moving or relocation. No officially designated historic landmark, building or structure within an HP District shall be moved or relocated where such moving is detrimental to the public interest or where such relocation would be obviously incongruous to the historical aspects of the structure and/or the historic district unless the same is approved by the Board of Supervisors, acting upon the advice of the HRB.
(3) Uses permitted. Within an HP District, the uses allowed shall be the same as provided for within the respective underlying zoning district.
(4) Lot regulations. Lots or portions of lots existing in historic districts may be combined, but no existing lot, or combination of lots, parcels, or portions thereof, in single ownership at the time of district creation shall be reduced in width, depth, or area.
(5) Height regulations. Height regulations shall be in accord with those governing the underlying zoning district and use, except that no heights shall exceed those of any historic landmarks already in the HP District.
(G) Off-street parking. Off-street parking regulations shall be in accord with those governing the underlying zoning district and use, except that no required off-street parking or loading space shall be located in any required front yard. It is the intent of this regulation to permit off-site parking where on-site parking would have an adverse effect on appearance, by the provision of such off-site parking in grouped facilities in interior parking lots, courts or at other appropriate locations which will be convenient for users, reduce interference with pedestrian and vehicular traffic, and promote public safety.
(H) Exterior signs. All regulations pursuant to §§ 154.2.190 et seq. applicable to the underlying zoning district and use shall be adhered to. No sign shall be permitted except for advertising to or informing the public of service, business, occupation, or profession conducted on, in, or about the premises.
(I) Permits; action by Zoning Administrator and Building Official. The Building Official shall not issue a permit for any erection, reconstruction, exterior alteration, restoration, demolition, or razing of a building or structure in a HP District until the same has been approved by the HRB, or the Board of Supervisors on appeal, following the procedures set forth hereafter. Upon receipt of an application for a permit in the Historic District, the Building Official shall act in accordance with the following procedures.
(1) He/she shall forward to the HRB a copy of the application for such a permit, together with a copy of the site plan, building plans and specifications filed by the applicant.
(2) He/she shall maintain in his/her office a record of all such applications and of his/her handling and final disposition of the same.
(3) He/she shall require applicants to submit a sufficient number of additional copies of material required to permit compliance with the foregoing.
(J) Material to be submitted for review. Submission of the following shall be made in connection with any application in the HP District: architectural plans, site plans, landscaping plans, proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view (with indications as to visual construction materials, design of doors and windows, colors and relationships to adjoining structures), drawings or product information on windows, doors, siding materials, paints, and such other exhibits and reports as are necessary for their determinations. The submission of any of these materials may be waived by the Zoning Administrator or the HRB only if such material is clearly not germane to the application and the material would not assist at all in the review of the application.
(K) Decision of the Historic Review Board.
(1) If the HRB, on the basis of the review of information received from the applicant and any other sources, decides against the granting of a permit, it should indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the HRB would be necessary to ensure architectural compatibility so as to protect and/or preserve the historical aspects of the HP District.
(2) The HRB shall submit to the Board of Supervisors in writing and within 60 days after receipt of the application its counsel concerning the appropriateness of authorizing a permit for the erection, reconstruction, exterior alteration, restoration, razing or demolition, or relocation of all or a part of any building or other structures within the historic district.
(L) Appeals.
(1) Any person or persons jointly or severally aggrieved by any decision of the HRB may appeal such decision to the Board of Supervisors. The Board of Supervisors' determination shall be based upon whether the proposed action is architecturally compatible with the historic landmarks, building and/or structures in the historic district.
(2) Any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors may appeal such decision to the Circuit Court of Northampton County for review by filing a petition at law setting forth the alleged illegality of the action of the Board of Supervisors, provided that such petition is filed within 30 days after the final decision is rendered by the Board of Supervisors. The filing of such petition shall stay the decision of the Board of Supervisors 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 Board of Supervisors, in whole or in part, if it finds upon review that the decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the Board of Supervisors.
(3) In addition to the rights of appeal stated above, the owner of a historic landmark, building or structure, the razing or demolition of which is subject to the provisions of this section shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure, provided that:
(a) The owner has applied to the Board of Supervisors for such rights;
(b) The owner has for the period of time set forth in the time schedule hereinafter contained and at a price reasonably related to its fair market value made a bona fide offer to sell landmark, building or structure, and the land pertaining thereto, to any purchaser who gives reasonable assurance that the owner is willing to preserve and restore the landmark, building or structure and the land pertaining thereto;
(c) No bona fide contract 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 the time schedule hereinafter contained; and
(d) The offer to sell and any offers to buy shall be publicly advertised.
(4) Any appeal which may be taken to the Circuit Court for Northampton County from the decision of the Board of Supervisors shall not affect the right of the owner to make the bona fide offer to sell as referred to above. 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/her request to the Board of Supervisors to approve the razing or demolition of the historic landmark, building or structure. The time schedule for offers to sell shall be as follows:
(a) Three months when the offering price is less than $25,000;
(b) Four months when the offering price is $25,000 or more but less than $40,000;
(c) Five months when the offering price is $40,000 or more but less than $55,000;
(d) Six months when the offering price is $55,000 or more but less than $75,000;
(e) Seven months when the offering price is $75,000 or more but less than $90,000; and
(f) Twelve months when the offering price is $90,000 or more.
(M) Incentives.
(1) The HRB will identify information regarding incentives to encourage individual property owners, citizen groups, and communities to carry out historic preservation and restoration that meets the Secretary of the Interior's Standards and Guidelines for Historic Preservation (appropriate renovation or restoration).
(2) The HRB will include a section on incentives in their annual report and present their recommendations to the Board of Supervisors for implementation.
(Ord. passed 4-12-2016)