(a)

The architectural review board (ARB) is designed and endowed with the responsibility to oversee developmental changes and improvements within the historic district or districts of the town. The purpose of the ARB within the historic district or districts is for the purpose of promoting the general welfare, safety and health of the public through perpetuation of those areas designated as having historical significance.

(b)

The ARB shall be governed by the terms of this chapter, as it may be amended, or revised, and by the administrator.

(c)

The meetings of the ARB shall be governed by Robert's Rules of Order, Newly Revised.

(d)

With the exception of improvements of changes on town owned property, improvements or changes within the historic district or districts of the town shall require a certificate of appropriateness, which may be applied for through the zoning administrator. Improvements or changes performed on town owned property shall be presented to the ARB for recommendation only and final approval shall lie with the town council.

(Code 1990, § 15-431; Ord. of 6-2-1987(3); Ord. No. O-2011-001, § 1, 1-4-2011; Ord. No. O-2018-010, 4-3-2018)

(a)

The ARB shall be composed of five voting members, at least three whom are residents, one which is a business located in the town, and one member at-large who may or may not be a resident of the town but has special knowledge, experience or abilities particular to the duties of the ARB. They shall be appointed by the council. Advisors may assist the active members without regard to residency. The advisors do not require appointment by the council. Advisors shall not have voting privileges on the ARB. Advisors may be limited at the discretion of the chairman. One voting member may be from the planning commission. Members of this board shall not hold other public office in the town, except as indicated above.

(b)

Members shall be appointed to serve for terms of three years. Terms shall be staggered. An appointment to fill a vacancy shall be for the unexpired portion of the term. Members may be reappointed.

(c)

The chairperson of the ARB shall be elected by the voting members of the board at the board's first regular meeting in July each year. A candidate receiving a majority vote of the entire membership of the ARB shall be declared elected and take office on August 1. The chairperson shall be a voting member. The term of office for the chairperson shall be for one year. If elected, the chairperson may serve up to two consecutive one year terms. The chairperson shall decide all points of order and procedure, subject to this article. Vacancies shall be filled immediately at the next regular meeting following notification of the vacancy and shall be for the unexpired portion of the term.

(d)

The selection of the vice chairperson shall be similar to subsection (b) of this section. He shall serve as acting chairperson in the absence of the chairperson. During the period the vice chairperson shall act as chairperson, he shall have the same authority and duties as the chairperson.

(e)

The selection of secretary of the ARB shall be the responsibility of the town manager. The town manager shall designate a qualified town staff member or independent contractor to serve as secretary. The secretary shall provide the ARB with support services and project presentation support. The secretary, as he/she is not a member of the ARB, shall not count toward a quorum and shall not be entitled to vote on matters before the ARB. The secretary shall ensure an audio record is created and keep minutes of its proceedings, showing the vote on each piece of business requiring a vote brought before it. Such records as the town manager deems necessary shall be filed in the town hall and shall become a public record.

(Code 1990, § 15-432; Ord. of 6-2-1987(3); Ord. of 2-4-2003(1), § 1; Ord. No. O-2011-007, § 1, 4-19-2011; Ord. No. O-2018-010, 4-3-2018)

(a)

Elections shall be held the same month each year, normally at the first meeting in July.

(b)

Attendance at meetings should be of utmost importance on the calendar of each board member. Should a member fail to attend three consecutive meetings of the board without any adequate excuse for such absences, the chairman, with the concurrence of a majority of the board, shall recommend to the council that a vacancy be declared and that the vacated position be filled. The person selected to fill a declared vacancy shall serve for the unexpired term created by the vacancy. Subsequent service on the board is permitted.

(c)

Members may be removed for cause by the appointing authority upon written charges and after a public hearing.

(d)

Any member of the ARB shall be disqualified to act upon matters brought before it with respect to property in which the member has an interest.

(e)

In reviewing applications for certificates of appropriateness, the ARB shall take into account the historic and architectural significance of the structure and shall maintain maps showing the historic and architectural significance of structures within the area of responsibility. In its review, the board shall also take into account the activity desired (i.e., construction, demolition, or alteration), and apply specific considerations as required by this chapter. Careful consideration shall be given to new construction within the ARB area of responsibility that such new construction is in keeping with the values and desired development of this district. See subsection 70-682(h) for further guidelines.

(Code 1990, § 15-433; Ord. of 6-2-1987(3))

(a)

Regular meetings of the ARB shall be held at least once a month when an application has been filed for its consideration. The meetings shall be held in the town hall or as duly advertised and noted. The ARB shall meet at least three times per calendar year.

(b)

The meeting place may be moved, provided all concerned have been notified of the alternate meeting place at least three working days prior to the date of the scheduled meeting. A log will be maintained of dates, time of notification and name of the person notified of such alternate meeting place, as deemed appropriate by the board chairman.

(c)

Special meetings may be called at any time by the chairman or a majority of the board, providing proper notice, normally three working days is given.

(d)

A regular or special meeting may be canceled when there is no business to be brought before the board. The cancellation may be called by the chairman, with notification to all concerned not less than three working days prior to the scheduled opening of the meeting.

(e)

Meetings of the ARB shall be open to the public. The order of business at regular meetings shall be as outlined in the ARB Bylaws and approved by the town council.

(Code 1990, § 15-434; Ord. of 6-2-1987(3); Ord. No. 0-2004-002, § 1, 10-7-2003; Ord. No. O-2012-013, 11-13-2012; Ord. No. O-2018-010, 4-3-2018)

(a)

Each member of the ARB shall have one vote. The chairman may utilize his vote to break a tie. Advisors as mentioned in section 70-677 shall not have voting privileges on matters brought before the ARB.

(b)

A quorum shall consist of three voting members of the ARB present at a meeting.

(c)

The vote of a majority of those members present shall be sufficient to decide matters brought before the ARB, provided a quorum is present. No ARB member shall participate in the decision of any matter in which he has a personal financial or other interest.

(Code 1990, § 15-435; Ord. of 6-2-1987(3))

(a)

The applicant should first file with the zoning administrator to determine a classification of work to be performed (i.e., substantial or minor). Upon determination by the administrator that the work does not classify as minor, he shall forward the application to the ARB.

(b)

An application must be filed in the office of the administrator at least 15 working days prior to the next meeting of the ARB, accompanied by sketches, drawings, photographs, specifications, descriptions and a view from the street of the proposed project. The definition of a project is the erection, construction, reconstruction, alteration, razing or restoration of any structure, building or sign.

(c)

The ARB may, in its discretion, view the premises and obtain additional facts concerning any application before arriving at a decision. All decisions of the board shall be supported by appropriate findings of fact, and where necessary to effectuate the purposes of this chapter, shall be accompanied by such conditions and/or recommendations it may determine to be reasonable under the circumstances.

(Code 1990, § 15-436; Ord. of 6-2-1987(3))

(a)

Any party may appear in person or by agent, or by attorney at the meeting. The order of business for consideration of applications for certificates of appropriateness shall be as follows:

(1)

The chairman or his acting representative shall give a preliminary statement concerning the application.

(2)

Any statements or arguments submitted by any official, commission, state agency, or local historical preservation or neighborhood association shall be presented.

(3)

The applicant shall present the arguments in support of his application.

(4)

Persons opposed to granting the application shall present the arguments against the application.

(5)

The ARB shall thereafter proceed to deliberate whether to recommend the granting or denial of the application.

(6)

Procedures may be modified by the concurrence of all parties and the board itself.

(b)

In considering applications, witnesses may be called and factual evidence may be submitted, but the board shall not be limited to consideration of such evidence as would be admissible in a court of law.

(c)

When the ARB feels it is appropriate, the request for a certificate of appropriateness will be advertised in a local paper of general circulation within the town. The applicant and affected property owners shall be given an opportunity to be heard at the meeting at which the application is presented for consideration.

(d)

The ARB shall coordinate its activities of approval of certificates of appropriateness with the planning commission.

(e)

The ARB must take action on a certificate of appropriateness within 60 days after the request is presented to the ARB, except when the time limit has been extended by mutual agreement between the applicant and the ARB. Should the ARB not act within the 60 days and no agreement was made, the application shall be considered approved.

(f)

Prior to denying any certificate of appropriateness the ARB, on the basis of the review of information received, shall, upon request, indicate to the applicant the changes in plans and specifications, if any, which in the opinion of the ARB would protect and/or preserve the historical and/or architectural aspects of the landmark, building, structure, or district. If the applicant agrees and determines in writing that he will make the suggested changes, the ARB shall issue the certificate of appropriateness.

(g)

If an application is denied by the ARB, a copy of the minutes of the meeting and written reasons for denial shall be made available to the applicant. If the application is approved by the ARB, a letter notifying the applicant shall be sent.

(h)

Building permits should not be issued for any work within a historic district unless a certificate of historical appropriateness has been approved in accordance with article III, division 10 of this chapter. A building permit is a separate permit and should not be confused with a certificate of historic appropriateness.

(i)

A log shall be maintained to account for when an application for review is filed, the end result of the application and the end date, for the ARB. The purpose is that if the 60-day period is involved, a record of the action shall be on file as a public record.

(Code 1990, § 15-437; Ord. of 6-2-1987(3))

(a)

An appeal to the town council may be filed when:

(1)

The ARB, in a final decision, denies an application for a certificate of appropriateness. The applicant shall have the right to appeal and be heard before the town council, if a written notice of appeal is filed with the zoning administrator within 30 calendar days of the ARB's final decision.

(2)

The ARB, in a final decision, approves an application for a certificate of appropriateness, or an application for a permit to demolish a historic structure. Any opponents of the ARB's decision shall have the right to appeal and be heard before the town council indicating their appeal provided the appeal is filed with the zoning administrator, within 30 calendar days after the ARB's decision. An appeal by a third party under this section shall be accompanied by a written petition, signed by at least 25 persons who support the appeal and own real estate within the H-1 district.

(b)

The 30 calendar days shall begin on the next business day after the ARB decision.

(c)

Upon receipt of a notice of appeal, the zoning administrator shall immediately notify the town manager, who shall, after consultation with the town council, schedule a public hearing before the town council in accordance with Code of Virginia, § 15.2-2204 and public notice as described in Code of Virginia, § 15.2-2205.

(d)

Any notice of appeal shall be accompanied by a check or money order in at least the sum of $50.00 to cover the costs of the public notice.

(e)

On any appeal, the final decision of the ARB shall be stayed, pending the outcome of the appeal before the town council unless, the decision of the ARB denies the right to move, relocate, raze or demolish a historic structure.

(f)

The town council shall, after giving the required public notice, conduct a full and impartial public hearing on the matter before rendering any decision, adhering to the standards and guidelines established by this chapter for review.

(g)

The town council shall affirm, reverse, modify or remand back to the ARB for reconsideration the decision of the ARB, in whole or in part.

(h)

The decision of the town council shall be final, subject only to an appeal to the circuit court of the county.

(Ord. of 2-4-2003(4), § 1)

(a)

Any applicant or body of at least 25 persons owning real estate within the H-1 district who previously appealed to the town council and are aggrieved by a decision of the town council may appeal such decision to the circuit court of the county for review.

(b)

Such appeal shall be filed as a petition at law setting forth the alleged illegality of the action of the town council.

(c)

Such petition shall be filed within 30 calendar days after the final decision of the town council.

(d)

The filing of said petition shall stay the decision of the town council pending the outcome of the appeal to the court unless, the decision of town council denies the right to move, relocate, raze or demolish a historic structure.

(e)

The court may reverse or modify the decision of the town council, in whole or in part, if it finds upon review that the decision is contrary to law or that the decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision.

(Ord. of 2-4-2003(4), § 2)