(A)   Purpose. The purpose of the Historic and Scenic (Historic Richmond) Overlay District is to protect against destruction of or encroachment upon historic areas, archaeological sites, historic buildings, historic monuments, designated scenic highways, byways, or waterways which contribute or will contribute to the cultural, social, economic, political, or architectural heritage of the county and the state.
   (B)   Application.
      (1)   The Historic Richmond Overlay District is created to be superimposed on other districts contained in this subchapter. The uses, housing types, minimum lot requirements, minimum yard requirements, maximum heights, and accessory uses shall be those requirements applicable to the underlying zoning district except as modified by application of the regulations in this section.
      (2)   Historic Richmond districts shall be established by action of the Board of Supervisors and designated on the Official Zoning Map.
   (C)   Permitted uses.
      (1)   A building or land shall be used for any use, or accessory use, permitted in the underlying zoning district in which the premises are situated. Any use is subject to review and action by the plan-approving authority in accordance with the standards set forth in this section and the intent and purpose of this chapter.
      (2)   The normal maintenance of a historic area or building or the charging of admission fee for visitors, or the conduct of visitor centers or services within a county, state, or national park, shall not be considered as commercial uses.
   (D)   Use limitations. The following limitations shall apply within Historic Richmond.
      (1)   No building or structure, except as provided to enhance the scenic character of the area, shall be constructed within 100 feet of the right-of-way of any designated scenic highway or byway. On-premises construction within the view shed of a historic building should be avoided whenever possible, but when unavoidable, should be sympathetic and compatible.
      (2)   Flexible development standards relating to drainage facilities, pavement of driveways, and parking areas, and traffic control devices shall be considered during the review of any proposed development along a scenic highway, byway, or waterway so as to ensure that development is compatible with the goals and objectives of the scenic designation.
      (3)   Development along scenic highways, byways, or waterways shall be designed to minimize the number and size of curb cuts.
      (4)   Timber cutting activities within 100 feet of the right-of-way of a designated highway or byway or adjacent to historic buildings or structures is to be based upon considerations which emphasize selective timber harvest practices, aesthetic values, or sanitation and salvage cuttings necessitated by damage caused by fire, insect infestation, or other destructive forces, with prior approval of the Land Use Administrator. The Land Use Administrator may request advice and/or reports from the State Division of Forestry in this regard. All flowering trees, shrubs, and wild flowers indigenous to the area which occur within 100 feet of the right-of-way line of the scenic highway or byway should be favored and protected where reasonable.
      (5)   Development permits issued in areas known or suspected to contain archeological artifacts and data shall include a requirement that the developer provide for a phase one survey and evaluation by an archaeologist. When the county determines that a site has significant archaeological, natural, scientific, or historical value, a development permit will not be issued which would pose a threat to the site. The county may require that development be postponed in such areas to allow investigation and/or retrieval and preservation of significant artifacts.
   (E)   Standards. The following standards shall be considered by the plan-approving authority in evaluating proposals within the Historic Richmond Overlay Districts:
      (1)   The public necessity of the proposed construction or use;
      (2)   The public purpose or interest in land or buildings to be protected;
      (3)   The historic, architectural, archaeological, and scenic value and significance of the resource considered for protection and its relationship to the surrounding area;
      (4)   The age and character of the historic structure, its condition, and its probable life expectancy, and the appropriateness of the proposed changes to the period or periods during which the structure was built and/or altered;
      (5)   The general compatibility of the plan of development and the exterior design, arrangement, texture, and materials proposed to be used;
      (6)   The view of the structure or area from a public street, present or future;
      (7)   The present character of the setting of the structure or area and its surroundings;
      (8)   The probable effect of proposed construction on the natural features in the vicinity of the resource/resource area including trees, wooded areas, or terrain; and/or
      (9)   Any other factors, including aesthetics, which the plan-approving authority deems to be pertinent in order to ensure compliance with the intent and purpose of Historic Richmond.
(Ord. passed 11-9-1995)  Penalty, see § 157.999