The Historic Preservation Overlay (HP-O) District fulfills the Comprehensive Plan's goal of recognizing Danville's unique character and promoting the conservation and preservation of the City's historic resources and properties. The preservation and effective growth management of the areas in and around the City's downtown business district, tobacco warehouse district, Dan River waterfront areas, and historic residential neighborhoods are fundamental to implementing Danville's goals for future land use.

The HP-O District is established in accord with Section 15.2-2306 of the Code of Virginia, as amended, to maintain, preserve, protect and enhance the architectural excellence, cultural significance, economic vitality, tourist appeal, visual quality and historic importance of the City. The purpose of this district is to provide for protection against destruction or encroachment upon historic areas, buildings, monuments or other features, or buildings and structures of recognized architectural significance which contribute or will contribute to the cultural, social, economic, political, artistic or architectural heritage of the Danville and the Commonwealth of Virginia.

The HP-O District is designed to preserve designated landmarks and other historic or architectural features, and their surroundings within a reasonable distance, from destruction, damage, defacement and obviously incongruous development or uses of land and to ensure that buildings, structures, or signs shall be erected, reconstructed, altered or restored so as to be architecturally compatible with the historic landmark buildings or structures within the district.

(Ord. No. 2004-02.04, Art. 3.R, § A, 2-17-04)

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the HP-O District has been created as a special overlay district to be superimposed on other underlying districts contained in these regulations and is to be so designated by a special symbol for its boundaries on the Zoning District Map. The boundaries of the HP-O District have been drawn and adopted by the City Council so as to include all lands closely related to and bearing upon the character of the historic district, thus composing a landscape unit and affording transitional regulations needed to control potentially adverse and conflicting environmental influences. The HP-O District boundaries shall be delineated and mapped as an overlay district on the Official Zoning Map as adopted by the City Council with amendments thereto as may be adopted from time to time.

(Ord. No. 2004-02.04, Art. 3.R, § B, 2-17-04)

1.

Review Commission Power to Approve: No zoning, site plan, subdivision plat, or building permit shall be issued for the erection, reconstruction, exterior alteration, restoration, rehabilitation, razing, relocation or demolition of any building, structure, signs, fences, walls, light fixtures, accessory buildings, pavements, grading, site improvements, significant landscaping features or other appurtenant element in an HP-O District unless and until such building or site element has been approved by the issuance of a Certificate of Appropriateness by the Commission of Architectural Review for the City (hereinafter "Review Commission").

2.

General Considerations for Review: The Review Commission shall promptly review each application for any zoning, site plan, subdivision plat, and building permit for a building, structure, or property located within an HP-O District. In reviewing applications, the Review Commission shall consider only those design features subject to public view and shall not make any requirements except for the purpose of preventing development which is incompatible with the historic aspects of the HP-O subject to review.

The Review Commission shall consider, among other things, the following in determining appropriateness of any structural erection, reconstruction, exterior alteration or restoration:

A.

The compatibility with the design and development standards and criteria as included in this article, in the Historic District Design Guidelines and, further, with amendments thereto as may be adopted from time to time.

B.

The appropriateness of the general design geometry and proportions, structural arrangement, building materials, texture and color of the proposed building, structure or appurtenant element in relation to such factors as the compatibility with similar features of buildings or structures within the area circumscribed by the subject HP-O District.

C.

The historical or architectural value and significance of the building, structure or appurtenant element and its relationship to the historic or architectural value of the area in which it is proposed to be located.

D.

The extent to which the building, structure or appurtenant element will be harmonious with or architecturally incompatible with the historic buildings within the subject overlay district(s).

E.

The compatibility of planned improvements and renovations with the architectural and historic quality, character and scale of the historic buildings in the City.

F.

The effect of the building, structure or appurtenant element on the Comprehensive Plan's goals for tourism, economic development, and land use in and around the City's designated historic areas and entrance corridors.

G.

The compatibility of the proposed building, structure or appurtenant element with the Comprehensive Plan's goals for historic preservation and architectural design review.

H.

The ability of the owner to put one's property to reasonable and beneficial use.

3.

Considerations for Demolition and Razing: In reviewing an application to raze or demolish a site, object building or structure in the HP-O District, the Review Commission shall consider the following:

A.

The public effect of removing or razing a building of historic or architectural interest.

B.

The effect on adjoining historic district properties of removing a building of historic or architectural interest.

C.

The impact of such removal on the Comprehensive Plan's goals for historic preservation and district development.

D.

Whether or not the building is of such old and unusual or uncommon design, texture, and/or material that it could not be reproduced or reproduced only with great difficulty or expense.

E.

The design and development criteria as included in the City's Historic District Design Guidelines with amendments thereto as may be adopted from time to time.

F.

The ability of the owner to put one's property to reasonable and beneficial use.

4.

Exemptions from Review: Certain minor actions which are deemed not to permanently affect the character of a given HP-O District are exempted from review. Such actions shall include the following and any similar actions which in the opinion of the Director of Planning/Zoning Administrator will have no more effect on the character of the district than those listed hereinbelow:

A.

Interior building arrangements or exterior features of a building, structure or appurtenant element which are not subject to public view from a public street, public way or other public place, except when necessary to do so for the purpose of preventing the location, construction, reconstruction, alteration, demolition or repair of a building or structure which will be inconsistent with the preservation and protection of the historic aspect, setting and environment of the HP-O District and other buildings, structures, signs, land, places or areas therein.

B.

Addition/deletion of windows, storm windows, shutters, canopies and doors of a similar design type, color or texture that match existing windows, storm windows, and doors, including the addition or deletion of removable window air conditioners.

C.

Application or use of exterior materials (including roofing and siding) of a similar kind, type, color, or texture from those already in use which will substantially cover one or more sides of the structure but which will not result in destruction or replacement of original exterior material.

D.

Repainting resulting in the same or like color.

E.

Planting of grass, trees and shrubs, but not including landscape treatment which substantially alters the contour of a landmark site.

F.

Construction of accessory buildings which are in keeping with the architectural character, materials and scale of the existing structure and its surroundings except on a site adjacent to a designated landmark site.

G.

Permitted outside storage in a residential which is not visible from a public street (provided screening and buffers for such storage is provided in accord with the Landscape Regulations. Article 9 of this ordinance).

H.

Agricultural and forestry uses are exempt from review.

Notwithstanding the above, the Director of Planning/Zoning Administrator shall have the authority to order that work be stopped and that an appropriate application be filed for review in any case where in his opinion the action may produce arresting and spectacular effects, violent contrasts of materials or colors and intense and lurid colors or patterns, or incongruous details clearly inconsistent with the character of the present structures or with the prevailing character of the HP-O District.

5.

Requirements to Advertise: Upon City acceptance of a complete application, it shall be the applicant's responsibility to place a sign placard (similar to those established for Zoning Amendments) in the vicinity of the property for which the application has been submitted for the purpose of providing public notice about the hearing. The Planning Director will provide all applicants with the appropriate sign and guidance on sign placement.

6.

Application Submission Requirements: In consideration of a complete application, the Planning Director and the Review Commission may require any or all of the following information and any other materials as may be deemed necessary for its review:

A.

Statement of proposed use and user.

B.

Statement of estimated construction time.

C.

Photographs and maps relating proposed use to the surrounding property and/or the corridor on which it is located.

D.

Site plan drawings, prepared to meet the City site development plan submission requirements for a Preliminary Site Plan or Preliminary Subdivision Plat, and other exhibits showing the location of the existing and proposed building and site improvements, including:

(1)

Existing property boundaries, building placement and site configuration;

(2)

Existing topography and proposed grading;

(3)

Location of parking, pedestrian access, signage, exterior lighting, fencing and other site improvements;

(4)

Relationship to adjacent land uses;

(5)

Proposed site improvements, including location of parking, access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements;

(6)

Proposed building color and materials;

(7)

Relationship of building and site elements to existing and planned corridor development;

(8)

Relationship of parking, pedestrian facilities, and vehicular accessways to existing and planned corridor development; and

(9)

Other site plans and subdivision plats as may be required by Danville for development approval.

E.

Architectural drawings showing plan view and elevations of new planned construction or renovations, including drawings of original building.

F.

A landscaping and buffer plan.

G.

Designs for exterior signing, lighting and graphics, to include description of materials, colors, placement and means of physical support, lettering style and message to be placed on signs.

H.

Graphic exhibits depicting compliance with other design elements.

I.

If the request for a Certificate of Appropriateness is denied by the Commission of Architectural Review, a request in substantially the same form shall not be resubmitted within one (1) year of the date of denial.

J.

If a denial for a Certificate of Appropriateness by the Commission of Architectural Review is appealed by the applicant to City Council and upheld; a request in substantially the same form shall not be resubmitted.

7.

Public Record of Review Commission Meetings: A record of the Review Commission actions and proceedings shall be maintained and available upon request to the general public.

8.

Required Action by Review Commission:

A.

The Review Commission, on the basis of the required information received from the applicant and upon application of the appropriate criteria as set forth in this article, shall review and act upon the application within sixty (60) calendar days upon submission of a complete application, unless the application was extended by mutual agreement of the Review Commission and the applicant.

B.

The Review Commission shall act to approve, approve with modification, extend, or deny the application.

C.

The Director of Planning/Zoning Administrator shall notify the applicant of actions of the Review Commission within fourteen (14) calendar days from the date of hearing on which action on the application was taken.

9.

Incomplete Applications: Applications deemed incomplete by either the Planning Director or the Review Commission shall be returned to the applicant within fourteen (14) calendar days of initial application submission. The returned application shall include a letter prepared by the Director of Planning/Zoning Administrator with adequate instructions to inform the applicant of additional information required to complete the submission. The Review Commission will not act upon an incomplete application.

10.

Conditions and Limitations on Approval: Review Commission approval of an application submitted under the provision of this article shall expire one (1) year after the date of such approval unless:

A.

A building permit has been obtained for construction.

B.

An extension has been granted by the Review Commission. Such extension grant shall not exceed six (6) months.

11.

Appeal of Review Commission Decision:

A.

Any person aggrieved by any decision of the Review Commission may appeal such decision to the City Council, provided that such appeal is filed within thirty (30) calendar days from the date of notification of Review Commission decision.

B.

The appeal shall be filed with both the City Council and the Review Commission, stating in writing the reasons therefore.

C.

The City Council shall consult with the Review Commission in relation to any appeal and may require documentation of any Review Commission decision prior to hearing the appeal.

D.

The City Council may affirm, reverse or modify the Review Commission decision and shall notify the Director of Planning/Zoning Administrator of its action.

12.

Appeal of City Council Decision:

A.

Any person aggrieved by any decision of the City Council may appeal such decision to the Circuit Court of Danville provided that such appeal is filed within thirty (30) days after the final decision is rendered by the City Council.

B.

The filing of the said petition shall stay the decision of the City Council pending the outcome of the appeal to the circuit court, except that the filing of such petition shall not stay the decision of the City Council if such decision denies the right to raze or demolish a historic landmark, building or structure located within the HP-O District or on the City's designated list of historic properties.

C.

The Circuit Court may reverse or modify the decision of the 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 power or discretion, or the Circuit Court may affirm the decision of City Council.

13.

Provisions for Demolition and Razing: In addition to the right of appeal herein set forth, the owner of a site, object, building or structure within the HP-O District, the razing of which is subject to the provisions of this district shall, as a matter of right be entitled to raze or demolish such site, object, building or structure provided that:

A.

The owner has applied to the Commission of Architectural Review for such right.

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 such site, object, building or structure and the land pertaining thereto to whomever gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto.

C.

That no bona fide contract, binding upon all parties thereto, 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. Any appeal which may be taken to court from the decision of the governing body, whether instituted by the owner or by any other proper party, notwithstanding the provision heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above.

D.

No offer to sell shall be made more than one year after a final decision by the governing body, but thereafter the owner may renew his request to the governing body to approve the razing or demolition of the historic landmark, building or structure. The time schedule for offers to sell shall be as follows:

(1)

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

(2)

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

(3)

Five (5) months when the offering price is forty thousand dollars or more but less than fifty-five thousand dollars or more but less than seventy-five thousand dollars;

(4)

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

(5)

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

(6)

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

E.

During the timeframe for the offer to sell, the Review Commission may take steps as deemed necessary to preserve, acquire or relocate the buildings, structures or appurtenant elements in accord with the purposes of this article, including, but not limited to, coordination with public agencies, civic groups and citizens.

(Ord. No. 2004-02.04, Art. 3.R, § C, 2-17-04; Ord. No. 2014-08.09, 8-19-14)

1.

All uses shall be governed pursuant to the underlying district regulations of the zoning district in which the HP-O District is located.

2.

Nothing in this article shall be construed to prevent the application of the building code or other laws and other ordinances of the City of Danville which are applicable thereto, provided that provisions of the zoning ordinance which may be in conflict with this article shall be deemed to be superseded by this article.

3.

Parking and loading provisions shall be in accordance with the provision of the zoning ordinance unless otherwise restricted by the conditions of Review Commission approval or waived by the City Manager.

4.

The normal maintenance of an historic area or building or the charging of admission fees for visitors, or the visitor tours, centers or services within the HP-O District shall not be considered as a commercial use.

(Ord. No. 2004-02.04, Art. 3.R, § D, 2-17-04)

The City Council may adopt an ordinance setting forth the historic landmarks within the City (as established by the Virginia Board of Historic Resources), and any other property, buildings or structures within the City having an important historic, architectural or cultural interest, and any historic areas within the City as defined by Section 15.2-2201 of the Code of Virginia, and areas of unique architectural value located within designated conservation, rehabilitation or redevelopment districts, amending the existing zoning ordinance and delineating one or more historic districts, adjacent to such landmarks, buildings and structures, or encompassing such areas, or encompassing parcels of land continuous to arterial streets or highways found by the City Council to be significant routes of tourism access to designated historic landmarks, buildings, structures, or districts within the City or the contiguous jurisdictions.

The City Council may also amend the existing zoning ordinance by delineating one or more historic districts adjacent to such landmarks, buildings and structures or encompassing such historic areas, provided, that such amendment of the zoning ordinance and the establishment of such district or districts shall be in accordance with the provisions of the Code of Virginia and the provisions of the City Code relative to amendments to the zoning ordinance.

(Ord. No. 2004-02.04, Art. 3.R, § E, 2-17-04)

1.

Establishment of Review Commission: For the purpose of administering the provisions of this article, there shall be established a Commission of Architectural Review ("Review Commission").

2.

General Powers and Duties of Review Commission: Based on the criteria established in this article and by other adopted design guidelines of the City, it shall be the function of the Review Commission to pass upon the appropriateness of the exterior architectural features and appurtenant elements (including site development and landscape features) of new structures, buildings or appurtenant elements reconstructed, altered or restored in any HP-O District wherever such features are sited on property contiguous to or in public view from the designated arterial corridor.

3.

Membership and Terms of Review Commission:

a.

The Commission of Architectural Review ("Review Commission") shall consist of seven (7) citizens, three of whom own property or are residents within a City HP-O District and all of whom shall be residents of the City of Danville. The members shall be appointed by the City Council and serve without compensation. The Review Commission shall consist of a minimum of one (1) architect or architectural historian, and if there is only one, at least one professional historian, archaeologist, landscape architect or planner. All members must demonstrate interest, competence or knowledge of historic preservation.

b.

The Review Commission shall elect its chairman and the term of office shall be for five years excepts that original appointments shall be made for such terms that the term of one member shall expire each year.

c.

Appointments to the Review Commission to fill vacancies shall be only for the unexpired term of the departing member.

d.

Members of the Review Commission may be reappointed to succeed themselves. A member whose term expires shall continue to serve until a successor is appointed and qualifies.

e.

A waiver of professional qualifications of the membership constituency of the Review Board may be provided by the Virginia Department of Historic Resources in the event that professional qualifications cannot be fulfilled by the membership as outline hereinabove. A waiver of residency qualifications of the membership constituency of the Review Board may be provided by the City Council in the event that residency qualifications cannot be fulfilled by the membership as outlined hereinabove.

f.

Further and notwithstanding the considerations for membership and appointment, the City Council at its sole discretion may elect to appoint on either a temporary or permanent basis: the Planning Commission, a subcommittee of the Planning Commission, or the Tourism Corridor Review Board to perform the duties of the Review Board.

g.

The Review Commission shall adopt rules of procedure and keep written minutes of its meetings.

4.

Duties of the Planning Director:

A.

The Planning Director shall act of agent to the Commission of Architectural Review.

B.

The Planning Director shall submit periodic reports (but not less than one per year) on the activities of the Commission of Architectural Review to the Planning Commission and the City Council.

C.

Upon issuance of a Certificate of Appropriateness, the Planning Director shall from time to time inspect the alteration or construction approved by such certificate and shall give prompt notice to the applicant of any work not in accordance with such certificate or violation any ordinances of the City.

D.

The Planning Director may revoke the Certificate of Appropriateness or the building permit if violations are not corrected by the applicant in a timely manner.

5.

General Rules of the Review Commission:

A.

There shall be a regular monthly meeting of the Review Commission except that, at the discretion of the Chairman, a regular meeting may be canceled if there is no business pending before the Review Commission and after inquiry of the other members there is no known new business to be presented and that due to the holiday season, meetings regularly scheduled for the months of November and December are to be held jointly on the second Thursday in December. A schedule of the dates of the monthly meetings shall be established annually, and upcoming meetings shall be posted on the City's website. In addition, sign placards announcing specific applications and other important issues before the Review Commission shall be placed on the property subject to the application or issue to be addressed.

B.

Special meetings of the Review Commission may be called by the Chairman or by two members upon written request to the secretary. The secretary shall mail to all members of the Review Commission, 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.

C.

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 Review Commission.

D.

The Review Commission may make, alter, or rescind rules and forms for its procedures, consistent with the ordinances of the City and the general laws of the Commonwealth of Virginia.

E.

It shall be the continuing duty of the Review Commission to define, update and adopt architectural review standards and design criteria deemed appropriate to the City. These standards and criteria shall serve as the guideline for making decisions on specific applications to the Review Commission.

F.

It shall be the continuing duty of the Review Commission to investigate and delineate buildings, structures, places and areas in the City having historic interest or value which should be protected to achieve the purposes and objectives of this article. The Review Commission shall report from time to time to the City Council to make recommendations on district boundaries, architectural review criteria, design standards and other related initiatives and considerations deemed appropriate to the effective operation of the Review Commission and the implementation of this article.

G.

Notwithstanding the provisions of this article, the Review Commission may perform other duties under the authority of the Zoning Ordinance and as may be designated by the City Council.

H.

Rehabilitation projects involving buildings that are over 75 years old and located in the Historic District of the City of Danville are qualified to receive consideration for the City's annual Danville Historic Preservation Awards Program. The awards will recognize significant contributions to the preservation of Danville's historic residential and commercial resources. The awards will honor restoration, conservation and stewardship projects that demonstrate outstanding efforts in the exterior restoration or rehabilitation of an historic structure and conservation and stewardship of an historic resource.

(Ord. No. 2004-02.04, Art. 3.R, § F, 2-17-04; Ord. No. 2007-04.04, 4-3-07; Ord. No. 2013-04.06, 4-16-13)