Edinburg City Zoning Code
ARTICLE X
Historic District
§ 175-60 Statement of intent.
A.
The intent of this article is to implement the Comprehensive Plan goal of protecting our natural, scenic and historic resources and provide a means to recognize and protect the historic, architectural, cultural, and artistic heritage of the community, and to promote and protect the health, safety, recreational, educational, economical, and general welfare of Edinburg through the identification, preservation and enhancement of its buildings, structures, sites, districts, objects, neighborhoods, landscapes, places and areas which have special historical, cultural, artistic, architectural or archaeological significance as provided by § 15.2-2306 of the Code of Virginia, as amended, hereinafter the "Virginia Code."
B.
A survey of architectural resources within the corporate limits of the Town of Edinburg was completed in the spring of 1997. Its purpose was to identify and document approximately 170 architectural properties in an area defined as the proposed Edinburg Historic District. The three main objectives of the project were to survey the historic resources within the proposed historic district boundaries, write a survey report on the findings and complete a National Register nomination application for the Edinburg Historic District to be accepted by the Virginia Historic Resources Board. The survey report not only established an historic context for the surveyed properties, but also serves as a planning document for making land use decisions and assists the Town in the creation of a historic district ordinance. The proposed Edinburg Historic District was approved and placed on the National Register of Historic Places on July 22, 1998. The survey resulted in the documentation of 186 properties with a total of 305 individual historic resources, including 133 single dwellings, 19 commercial or mixed use buildings, four churches, two hotels, a train station, a mill, two warehouses, 41 garages, 36 chicken coops, 22 sheds, eight barns, eight meat houses, five kitchens, three workshops, two bridges, two cemeteries, two foundations, two privies, one school, one barbecue pit, one carport, one classroom building, one corncrib, one fire station, one fountain, one gatepost and stairs, one pump house, road trace and mill ruin and a Town Hall building. The Edinburg Town Council established the Designated Historic District as an overlay of the Town's Official Zoning Map on June 13, 2006.
C.
It is hereby recognized that the deterioration, destruction or alteration of said buildings, structures, sites, districts, objects, landscapes, places and areas may cause the permanent loss of unique resources which are of great value to current and future generations of Edinburg, the Commonwealth of Virginia, and the nation, and that special controls and incentives are warranted to ensure that such losses are avoided.
§ 175-61 Purposes.
The purposes for establishing this article are:
A.
To protect the historic significance and integrity of the properties within the historic district which are or may be recognized for having association with historic events that have made a significant contribution to the broad patterns of Edinburg's history; or have association with significant persons; or possess distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or have the potential to yield information important to prehistory or history.
B.
To preserve and improve the quality of life and sense of place for Edinburg's residents by protecting familiar and treasured tangible, visual elements in the area.
C.
To promote tourism and other economic benefits by protecting historical, architectural, archaeological and cultural resources, including historic landscapes attractive to visitors, and thereby supporting local business and industry.
D.
To stabilize and improve property values by providing incentives for the upkeep and rehabilitation of significant older buildings and structures and encourage appropriate land use planning and development that will enhance both the economic viability and historic character of the district.
E.
To educate residents, students and tourists about the local cultural and historic heritage as embodied in the historic district through the preservation of Edinburg's architectural and archaeological past that demonstrates the social and artistic development pattern of our predecessors.
F.
To promote local historic preservation efforts and to encourage the identification and nomination by their owners of eligible individual historic properties to the National Register of Historic Places and the Virginia Landmarks Register.
G.
The promotion of harmony of style, geographical context, form, color, proportion, scale, height, width, spacing, setback, orientation, rhythm, traditional quality, appearance, texture, finish and material between buildings of historic design and those of more modern design.
H.
To develop the historic areas, not in a vacuum, but as a vital area in which each succeeding generation may build with the quality and sensitivity of past generations.
I.
To encourage sound stewardship and foster a sense of pride in Edinburg's heritage resources.
§ 175-62 Definitions related to historic zoning.
For the purpose of Article X of this chapter, certain words and terms are defined as follows. These definitions and terms are in addition to those set forth in § 175-2 of this chapter and apply only to those areas included in the Town's Designated Historic District.
A person with an immediate, financial and substantial interest in an action taken by the Zoning Administrator or the Architectural Review Board (the ARB) under this article, as opposed to a remote or indirect interest.
Any change, modification or addition to the form, materials, workmanship, design, appearance, texture or details of all or a part of the exterior of any building, structure, site, or object other than normal repair, maintenance, and landscaping.
Importance of a property based on physical aspects of its design, materials, form, style or workmanship and recognized by National Register Criterion No. 3.
The aspect of historic development in which a property made contributions for which it meets the National Register Criteria, such as architecture, agriculture, commerce, community planning and development, politics/government, religion, etc.
Link of an historic property with an historic event, activity, or person, and the quality of integrity through which an historic property is linked to a particular past time and place.
A resource created principally to shelter any form of human activity, including, but not limited to, a house, barn, meat house, bank, store, church, Town Hall, courthouse, jail, library, garage, or hotel.
The person designated by the locality to administer and enforce the Virginia Uniform Statewide Building Code.
The approval statement signed by the Chairman of the Architectural Review Board or designated staff member which certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, rehabilitation, restoration, demolition, or relocation of all or part of any building, structure, site or object within an historic district, subject to the issuance of all other regional permits needed for the matter sought to be accomplished.
A building which has historic significance by reason of type, period, design, style, workmanship, form, materials, architectural details, or historic association to a significant event or person or has or may yield information important to prehistory or history.
Those parcels of land containing a contributing building, structure, site or object adding to its historic significance and so designated on the inventory map and inventory of contributing properties and non-contributing properties which are identified in the July 1, 1997, Edinburg Historic District Survey Report. This survey and accompanying files and photographs are adopted as a part of this article. The designated contributing properties, which may or may not be individually listed on the Virginia Landmarks Register or National Register of Historic Places, are those properties which by reason of type, period, design, style, workmanship, form, materials, architectural details, and relation to surrounding properties contribute favorably to the general character of the part of the Historic District in which they are located or have historic association to a significant event or person, or have or may yield information important to prehistory or history.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A building, site, structure, district or object adding to the historic associations, historic architectural qualities or archaeological values for which a property is significant because it was present during the period of significance, relates to the documented significance of the property and possesses historic integrity or is capable of yielding important information about the period, or it independently meets the National Register Criteria.
A geographical area contiguous to arterial streets or highways on a significant route of tourist access to the locality or to designated historic landmarks, buildings, structures or districts therein or in a contiguous locality determined by the governing body to be an historic district.
A geographic area, including both cultural and natural features, associated with an event, person, activity, or design style that is significant in the history of the locality, state or the nation. Historic sites, landscapes designed by a landscape architect, master gardener, architect or horticulturist and vernacular landscapes developed by human use and activities are types of cultural landscapes.
A quality of integrity applying to the elements that create the physical form, plan, space, structure and style of a property.
One of the five resource types, being a concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.
The ability of a property to meet the National Register Criteria.
A quality of integrity through which a historic property evokes the aesthetic or historic sense of past time and place.
An area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
An organizing construct for interpreting history that groups information about historic properties which share a common theme, common geographical location and common time period. The development of historic contexts is a foundation for decisions about the planning, identification, evaluation, registration and treatment of historic properties, based upon comparative significance.
Any geographical area delineated by the governing body from time to time and consisting of public or private property, containing a significant concentration, linkage or continuity of contributing properties containing contributing building(s), structure(s), site(s), or object(s), united historically or aesthetically by plan or physical development and having a common historical, architectural, archaeological or cultural heritage, being of such interest and significance as to warrant conservation and preservation.
A building, structure, district, site or object determined to have historical, architectural or archaeological statewide or national significance listed on the Virginia Landmarks Register.
Any prehistoric or historic building, district, site, structure or object.
Importance for which a property has been evaluated and found to meet the National Register Criteria.
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
The geographical level, local, state or national, at which a historic property has been evaluated and found to be significant.
The importance of a property to the history of its community, this locality, general vicinity or area.
A quality of integrity retained by a historic property existing in the same place as it did during the period of significance.
A quality of integrity applying to the physical elements that were combined or deposited in a particular pattern or configuration to form a historic property.
An historic property evaluated and found to have significance at the national level and designated as such by the Secretary of the Interior.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places (which is the same criteria used for inclusion in the Virginia Landmarks Register). Specifically, the quality of significance in American history, architecture, archaeology, engineering and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:
That are associated with events that have made a significant contribution to the broad patterns of our history; or
That are associated with the lives of persons significant in our past; or
That embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
That have yielded, or may be likely to yield, information important in prehistory or history.
The official federal list of districts, sites, buildings, structures and objects significant in American history, architecture, archaeology, engineering or culture.
The importance of a property to the history of the United States as a nation.
A building that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance or does not relate to the documented significance of the district; or due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is capable of yielding important information about the period; or it does not independently meet the National Register Criteria.
A property that does not add to the historic architectural qualities, historic associations or archaeological values for which a resource is significant because it was not present during the period of significance or does not relate to the documented significance of the district; or due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is capable of yielding important information about the period; or it does not independently meet the National Register Criteria.
A building, site, structure, district or object that does not add to the historic architectural qualities, historic associations or archaeological values for which a resource is significant because it was not present during the period of significance or does not relate to the documented significance of the district; or due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity or is capable of yielding important information about the period; or it does not independently meet the National Register Criteria.
For the purpose of maintaining the existing condition of the building, structure, site or object, normal repair and routine maintenance involves the repair of existing materials and features with equivalent material through stabilization, consolidation and conservation of historic materials, features and workmanship when the physical condition of these character-defining features has deteriorated. Routine maintenance includes repainting the same or different color, but does not include the initial painting of masonry surfaces on any contributing resource.
The resource term used to distinguish from buildings and structures those constructions which are primarily artistic in nature, or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment, i.e., sculpture, statuary, monuments, boundary markers, fountains.
The span of time in which a property attained the significance for which it meets the National Register Criteria.
The process of determining what to keep from the present for the future and applying measures to sustain the existing form, integrity, type, style, design, details, workmanship and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
Any building, structure, site, district or object that is part of or constitutes a historic property.
The act or process of accurately recovering the form, features, character, materials and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
A quality of integrity applying to the physical environment of an historic property.
One of the five resource types, being the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing or non-existing structure.
Structural changes to the grounds of a property including the installation or alteration of walls, fences, or structures, paving, regrading, and the installation or removal of major plantings.
The importance of a property to the history of the Commonwealth of Virginia.
One of the five resource types distinguished from a building, being a functional construction made usually for purposes other than creating shelter, including, but not limited to, a gazebo, windmill, communication tower, bridge, canal, roadway, power plant, fence, silo.
The official State of Virginia list of districts, sites, buildings and structures of historical, architectural or archaeological statewide or national significance.
A quality of integrity applying to the physical evidence of the crafts of a particular culture, people or artisan.
§ 175-63 Architectural Review Board created; membership.
A.
For the general purposes of this article and specifically to preserve and protect historic places and areas in the historic district through the control of demolition and relocation of such places and through the regulation of architectural design and uses of buildings, structures, sites and objects in such areas, there is hereby created a Board to be known as the "Architectural Review Board" (the "ARB") to be composed of five voting members. The members of the Architectural Review Board shall be appointed by the Town Council.
B.
Members of the ARB shall be appointed for terms of four years and shall serve at the pleasure of the Town Council. Initial appointments shall be for two members for four years and three members for two years, so that terms of office shall be staggered. Members shall serve until their successors are appointed.
C.
Any member of the ARB may be removed from office by the Town Council for neglect of duty, malfeasance, the continued absence from the regular or called meetings of the ARB or ongoing disregard for the positive mission of the Historic District and the ARB, as determined by the Town Council.
D.
Members of the ARB shall receive such compensation as may be authorized by the Town Council, from time to time.
§ 175-64 Interests and qualifications of Architectural Review Board members.
A.
Members of the Architectural Review Board shall have demonstrated a positive interest in preserving the architectural integrity of the buildings, structures, sites and objects within the designated history district(s). One member may be selected among the membership of the Planning Commission. To the extent practicable, at least one member should be a licensed architect, or have experience in the field of architecture, and one should be an architectural historian or have substantial background in local, state, or national history or in historic preservation, architecture, archaeology or culture preservation or in landscape architecture, or should be a licensed contractor or be employed in the building materials industry. The Town shall make every effort to appoint residents of Edinburg as members of the ARB. It may become necessary to seek members from areas outside of the corporate limits of the Town to obtain the desired knowledge and skills required for the ARB. Such members shall have demonstrated an interest in historic preservation within the Town of Edinburg and surrounding areas.
B.
Members shall make every effort to attend training sessions periodically sponsored or approved by the Virginia Department of Historic Resources, the Association for the Preservation of Virginia Antiquities, Preservation Virginia, or other organizations, including those arranged by Town staff, that are involved with historic preservation issues, design and review standards or other work of the ARB.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
The ARB shall elect from its own membership a chairman and vice-chairman who shall serve annual terms and may succeed themselves. Until the ARB has staff of its own, the Town Clerk and Town Manager shall serve as administrative staff to the ARB and maintain all records, minutes and files relating to the ARB meetings.
§ 175-65 Powers and duties of Architectural Review Board.
The powers and duties of the Architectural Review Board shall be as follows:
A.
The ARB shall:
(1)
Administer the provisions of this article in accordance with duties as set forth in this article.
(2)
Use the Historic District Design Guidelines established by the Planning Commission and approved by the Town Council that are consistent with the provisions established herein and the Secretary of the Interior's Standards and Guidelines for Rehabilitation for each such district. The ARB may, from time to time, recommend amendments and additions to the Town Council for consideration.
(3)
Review and approve or deny all applications for certificates of appropriateness in any Historic District. Decisions of the Board are binding upon applicants, unless and until said decisions are overturned on appeal.
(4)
Act in an advisory role to other officials and departments of the locality regarding protection of local historic resources.
(5)
Periodically conduct, or cause to be conducted, a survey of historic resources in the community according to guidelines established by the State Historic Preservation Office.
(6)
Disseminate information within the locality on historic preservation issues and concerns.
(7)
Coordinate local preservation efforts with those of local historic and preservation organizations, the Virginia Department of Historic Resources, and other parties, both public and private.
(8)
Receive and act on public comment.
(9)
Advise owners of historic properties on issues of preservation, as requested.
(10)
Make recommendations to the Town Council regarding authorization of plaques to commemorate historic resources.
(11)
Seek out funds to forward the purposes of this article, and make recommendations to the governing body regarding the use of the funds.
(12)
Investigate and support incentives programs including heritage tourism events and activities.
(13)
Investigate and support heritage education activities.
B.
The ARB may, from time to time, recommend areas for designation as historic districts, and additions or deletions to districts.
§ 175-66 Power to adopt rules of procedure.
A.
The ARB shall be authorized to adopt rules of procedure for the transaction of its business and implementation of the purposes of this article. The rules of procedure shall not conflict with the provisions of this article.
B.
The ARB may request the Town Council to employ or contract for such secretaries, clerks, legal counsel, consultants and other technical and clerical services as the ARB may deem necessary for the transaction of its business. Such requests shall be considered within the constraints of the Town's budget. The ARB shall have the authority to request the opinion, advice or other aid of any officer, employee, board, bureau or commission of the Town.
C.
The ARB shall submit an annual report of its activities to the Town Council at the regularly scheduled June Town Council meeting.
§ 175-67 Creation of designated historic districts.
A.
In accordance with the Virginia Department of Historic Resources' criteria and guidelines, the Town Council conducted a survey of architectural resources within the corporate limits of the Town in the spring of 1997. The resulting survey documented 186 properties within the defined area and resulted in the identification of 305 individual contributing historic resources. The proposed Edinburg Historic District was approved and placed on the National Register of Historic Places on July 22, 1998. The Town Council established the district as an overlay of the Town's Official Zoning Map on June 13, 2006. The Edinburg Historic District Survey Report, Inventory and Historic District Inventory Map are adopted as part of this article.
B.
The ARB may, with the approval of Town Council, conduct or cause to be conducted a survey of additional buildings, structures, objects and sites for the purpose of identifying additional resources which have historical, architectural, archaeological or cultural significance, and for the purpose of compiling appropriate descriptions and documentation to create additional historic districts when it feels the need exists to do so. Upon completion of a survey or updating of the inventory, the ARB shall use the survey results to recommend to the Town Council the designation of a new historic district or revisions to the existing Historic District. In accomplishing the survey and study, the ARB shall place particular emphasis upon evaluating and incorporating the findings of historic, architectural, and archaeological surveys and studies already completed. The resulting new or updated inventory shall be recommended to the Town Council for adoption as a part of this article.
C.
Based upon the inventory, or any amendment thereto, the ARB shall prepare and recommend for adoption by the Town Council, as part of this article, the resulting inventory map hereinafter called the "Inventory Map." When adopted by the Town Council, following the recommendation of the ARB and the Planning Commission, the Inventory Map, and any amendments thereto, shall be a part of this article and shall be filed with this article and with the Zoning Map. Any new designated districts created as a result of the Inventory Map, or any amendment thereto, shall become an overlay of the Town's Official Zoning Map upon adoption by the Town Council.
D.
Buildings, structures, objects or sites designated as properties which contribute to the historic character of the district shall be shown as contributing properties for the purpose of this article. Contributing properties that are further distinguished with individual listing on the Virginia Landmarks Register and National Register of Historic Places will also be noted. Buildings, structures, sites or objects that do not contribute to the historic district shall be shown as noncontributing properties.
E.
The ARB may propose to the Town Council one or more historic districts based upon the inventory and the Inventory Map, or any amendments thereto. Historic districts so proposed or later modified shall be established as amendments to this chapter. Upon receipt of a proposal, the Town Council shall initiate an amendment in compliance with the provisions of this chapter.
§ 175-68 Preparation of report on proposed designation.
A.
The ARB shall prepare and submit a report to the Planning Commission evaluating the proposal to establish an additional district or amend the existing Historic District . .Such report shall identify the Historic District boundaries as well as the historic, architectural, archaeological, or cultural significance of buildings, structures, objects or sites to be protected, and describe present trends, conditions and desirable public objectives for preservation. Upon review, the Planning Commission shall forward a recommendation to the Town Council for consideration. In addition, such report shall include the following specific information:
(1)
An analysis of existing structures by period of construction, architectural style, type, form, materials, design, integrity, condition and matters relating to site conditions, such as building location, location of yards and other open spaces, access to interior lots and off-street parking provided.
(2)
A description of individual buildings, structures, sites and objects that add historic significance to a property and premises of substantial public interest, with maps, photographs and other data indicating the public importance of their preservation and the particular features to be preserved. These shall be identified as contributing properties and be noted as such in the report.
(3)
An analysis of the extent and historic significance of identified archaeological sites including general location maps, photographs and other data indicating the public importance of a particular site.
(4)
The boundaries of the proposed Historic District, or expansion area, and the location of the District's core and all contributing properties, including those individually listed on State and National Registers, and noncontributing properties shall be shown on a proposed map.
(5)
Recommendations concerning regulations to be applied within the District, to supplement or modify general regulations set forth in this article and any guidelines adopted pursuant thereto.
B.
Criteria for evaluating the merits of a given building, structure, site or object shall be based on architectural features as well as historic associative factors. Certain buildings, structures, objects or areas, although not associated with a historic personage or event, may be valuable examples of the community's physical and cultural heritage. Buildings, structures, objects and sites of local significance shall be evaluated as well as those of State and National significance, and any structures individually listed upon the National Register of Historic Places (NRHP) or the Virginia Landmarks Register (VLR) shall be designated upon the community's register as contributing NRHP and VLR properties. In addition, such evaluation should be based on the following specific matters:
(1)
The evaluation shall respect the qualities of each architectural and landscape style or type and its geographical context and shall judge a resource's merit on how well it exemplifies the distinguishing characteristics of said style or type. Consideration will be given to:
(a)
Significance of architectural design, period, form, method of construction, character-defining details or representation of a significant distinguishable entity whose components may lack individual distinction.
(b)
Scale, size and/or interrelationships of resources and/or environmental features.
(c)
Significant patterns of development
(d)
Quality of workmanship.
(e)
Amount of surviving original fabric.
(f)
Remaining outbuildings or dependencies.
(g)
Original location and/or use.
(h)
Surrounding environment, including gardens, landscaping and walks.
(i)
Aesthetic or artistic quality.
(j)
Original integrity of the resource and its details.
(2)
It is related to a park, street configuration, open space, hill, body of water or landscaped grounds of significance in the areas of urban planning or landscape architecture.
(3)
It is contiguous with a neighborhood, district, building, structure, object or site that meets one or more of the foregoing criteria, and changes to it could impact the neighborhood, district, building, structure, object or site that meets the foregoing criteria.
(4)
It fosters civic pride in the community's past and enhances the community's attractiveness to visitors.
(5)
Historical and/or cultural significance. Buildings, structures, objects, district or sites relating to one or more of the following National Register Criteria will be considered historically or culturally valuable:
(a)
Association with historic personage.
(b)
Association with historic event.
(c)
Work of leading architect or master craftsman. [Associative value of Criterion (c) - architectural significance.]
(d)
Site of cultural significance that has or may be likely to yield information important in prehistory or history.
(e)
In addition, sole surviving or infrequent surviving building types and structures not historic in themselves but adding to the character of a historic district need to be considered as potentially deserving preservation.
§ 175-69 Boundaries of historic districts.
A.
The boundaries of an historic district shall, in general, be drawn to include areas containing historic landmarks as established by the Virginia Board of Historic Resources, and any other concentration, linkage or continuity of buildings, structures or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance and integrity as to warrant conservation and preservation. The district may include either individual buildings or places of such character, and a reasonable distance beyond, to incorporate the contributing setting, or it may include areas or groupings of resources which have significance relative to their patterns of development or social and economic or architectural interrelationships even though some in the defined area might not possess significant merit when considered alone.
B.
Historic District boundaries may also be drawn to include any area of unique architectural value located within designated conservation, rehabilitation or redevelopment districts and land contiguous to arterial streets or highways, as designated under Title 33.2 of the Code of Virginia, 1950, as amended, found by the Town Council to be significant routes of tourist access to the locality or to designated historic districts, landmarks, buildings or structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
The boundaries of an historic district shall conform to the boundaries of individual lots of record to the extent possible. Where a street is proposed as an historic district boundary, the edge of right-of-way adjoining the district shall be deemed the district boundary.
§ 175-70 Existing zoning not affected.
The regulation of a Historic District shall be in addition to the regulations of the underlying zoning, and shall be applied so as to overlay and be superimposed on such other zoning districts as permitted by the provisions of this chapter and shown on the Official Town Zoning Map. Any property lying within a Historic District shall also lie within one or more of such other zoning districts, which shall be known as underlying districts. The regulations of this article shall be in addition to the regulations of the underlying zoning district.
§ 175-71 Zoning Map amendments.
All historic districts and amendments thereto shall be designated on the Zoning Map and approved in compliance with map amendment requirements of this chapter.
§ 175-72 Certificate of appropriateness.
A.
After the designation of an Historic District, and when required by the Historic District Design Guidelines adopted as part of this article, no exterior portion of any existing historic landmark, building, structure or object (including, but not limited to, walls, fences, light fixtures, statuary, monuments, steps and pavement, or other appurtenant features) nor any new building, structure, or object, or any type of outdoor advertising sign shall be erected, altered, restored, moved or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the ARB or, on appeal of a decision of the ARB, by the Town Council.
B.
Notwithstanding the foregoing, any work under normal repair and routine maintenance to stabilize, consolidate and conserve historic materials, features and workmanship by strengthening fragile fabric through consolidation, patching, limited splicing in kind or otherwise reinforcing using recognized preservation methods to prevent further deterioration or to partially replace too decayed parts with in-kind materials in order to correct any deterioration, decay or damage, or to restore as nearly as practicable to its condition prior to any decay, deterioration or damage, shall be exempt from the requirements of a certificate of appropriateness.
§ 175-73 Limitations on Board power to review.
The ARB shall not consider interior arrangements.
§ 175-74 Pre-application conference.
A.
Prior to the submission of an application for a certificate of appropriateness, it is strongly recommended that an owner hold a conference with the Chairman of the ARB, the Planning Commission, designated staff, or the Zoning Administrator to discuss and review any proposal for a change in a protected property. The principal objective of this conference shall be to simplify and expedite the formal review process.
B.
Any person may request the ARB to review conceptual design proposals for exterior work before submitting a formal application for a certificate of appropriateness. The ARB shall review and discuss the proposal with the applicant and make any necessary recommendations. Such conceptual review shall be advisory only, and shall not be binding on the ARB upon review of a formal application.
C.
In consideration of a complete application, the ARB may require any or all of the following information and any other materials deemed necessary for its review:
(1)
Statement of proposed use and user.
(2)
Statement of estimated construction time.
(3)
Photographs and maps showing the existing condition, design, details and location of any existing buildings, structures, objects or sites and relating proposed use to the surrounding property and/or the corridor on which it is located.
(4)
Site plan drawings, showing the location of the existing and proposed building and site improvements, including:
(a)
Existing property boundaries, building placement and site configuration, location of parking, pedestrian access, signage, exterior lighting, fencing, buildings, structures and other appurtenant elements.
(b)
Existing topography and proposed grading.
(c)
Relationship to adjacent land uses and any buildings or structures thereon.
(5)
Scaled architectural drawings showing plan view and elevations of new planned construction or alterations, including drawings of original building.
(6)
Proposed building materials including their composition, texture, finish, quality and appearance, including product brochures and specifications.
(7)
Existing landscape preservation plan, if applicable, and the proposed landscaping and buffer plan.
(8)
Designs for exterior signage, lighting and graphics, to include description of materials, colors, placement and means of physical support, lettering style and message to be placed on signs.
(9)
Comprehensive design and material details of doors and windows, ornamentation. including any product specifications.
(10)
A written statement concerning methods to be employed.
(11)
Samples to show the nature, texture, finish, appearance and color of materials proposed.
(12)
In the case of a demolition request where structural integrity is at issue, the applicant shall also provide a structural evaluation prepared by a qualified contractor or structural engineer and cost estimates for rehabilitation. The ARB may waive the requirement for a structural evaluation and cost estimates in the following cases:
D.
No application for a certificate of appropriateness shall be complete until the Zoning Administrator can determine that the use of the property, building or structure is permitted under current zoning for such property.
E.
Certain minor actions, which are deemed not to permanently affect the character of the Historic District, are exempted from review for architectural compatibility. Such actions shall include the following, and any similar actions which in the opinion of the Zoning Administrator will have no more effect on the character of the District than those listed:
(1)
The repainting of the exterior of any building or structure.
(2)
Addition or deletion of storm windows and/or storm doors; addition or deletion of window air conditioners. Character-defining features, such as alteration, addition or deletion of windows and doors or alteration to the frames, shall be reviewed by the ARB. The replacement of broken windowpanes is exempted from review.
(3)
Additions or deletions of television or radio antennas, skylights, solar collectors or satellite dishes, in locations not visible from a public street.
(4)
Planting of grass, trees and shrubs, but not including landscape treatments which substantially alter the contour of a landmark site.
(5)
Permitted new construction of outside storage, which will not substantially change the architectural character in any commercial or industrial district, which is not visible from a public street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Notwithstanding the above, the 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 the action may produce arresting effects, violent contrasts of materials, patterns or incongruous details inconsistent with the character of the present buildings and structures or with the prevailing character of the surroundings and the Historic District.
§ 175-75 Consideration of application for certificate of appropriateness.
A.
The ARB shall be guided in its decisions by the standards and guidelines established in this article and the Historic District Design Guidelines adopted as part of this article. The ARB shall have the authority to request modification of the proposed actions of the applicant in order to comply with said standards and guidelines.
B.
The ARB shall not approve or disapprove an application except with respect to the standards and guidelines in this article or the Historic District Design Guidelines. The ARB shall give reason for its decisions, shall act promptly on applications before it and shall coordinate its procedures with those of other agencies and individuals charged with the administration of this article.
C.
Meetings of the ARB shall be open to the public.
D.
Where the exterior appearance of any building or structure is involved, no building permit shall be issued for erection, alterations or improvements, and no certificate of occupancy shall be issued by the Shenandoah County Building Department, unless a certificate of appropriateness has first been issued when one is required.
E.
No exterior alterations which do not require a building permit but which can change the exterior appearance and character-defining features of the building or structure, such as alteration or replacement of doors, window sash, porch railings, roof areas, and porch flooring; installation, removal or replacement of trim detail, cornices, shutters, gutters and down spouts; sign face changes; and the like shall be constructed or installed unless a certificate of appropriateness has first been obtained.
F.
No driveway permit shall be issued by either the Town or Virginia Department of Transportation unless a certificate of appropriateness has first been obtained.
G.
No site features or appurtenances, such as walls, fences, arbors, paved parking areas, patios, decks, garages, tool sheds, other accessory structures and the like, visible from the public right of way, shall be constructed or installed unless a certificate of appropriateness has first been obtained.
H.
During construction or installation, the certificate of appropriateness shall be posted on the property in a location that is visible from the public right-of-way, and a complete set of approved plans, if necessary, shall be retained on the premises and shall be made available to the Town and County inspectors.
§ 175-76 Criteria for Architectural Review Board.
The ARB shall consider, among other things, the following in determining the appropriateness of any erection, exterior alteration or restoration:
A.
The compatibility with the design, development standards and criteria as included in this article and the adopted Historic District Guidelines, entitled Historic District Design Guidelines for the Town of Edinburg, 2008, with additions and amendments as may be adopted from time to time.
B.
The appropriateness of the type, form, style, general overall design, geometry, size, scale, massing, height, width, spacing, rhythm, and proportions, structural arrangement, decorative and design details, materials, texture, finish, quality, appearance and color of the proposed building, structure or appurtenant element in relation to such factors as the architectural compatibility with similar features of buildings or structures within the area of any Historic 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 any Historic District.
E.
The compatibility of planned improvements and alterations with the architectural and historic quality, character, size, scale, massing, spacing, proportions, rhythm, decorative and design details, materials, texture, finish and appearance of the historic buildings, structures and objects in any Historic District and to the components on the subject building or structure.
F.
The effect of the building, structure or appurtenant element on the Comprehensive Plan's goals for tourism, economic development and residential land uses in and around the Historic District.
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 impact of the proposed alteration, new construction or restoration upon the historic setting, streetscape or area.
I.
The probable effect of proposed construction on historic sites and other cultural landscapes.
J.
Any other factors, including aesthetic design factors, which the ARB deems to be pertinent.
K.
Signage. The type, form, design, overall dimensions, scale in relation to the building or site, materials, texture, finish, design of the message, lettering dimensions and style, colors, method of physical support or erection, any exterior illumination, relationship to other signs in the district, orientation and setting shall be considered.
L.
Awnings and canopies. The type, form, design, overall dimensions, height, scale in relation to the building or site, materials, texture, finish, colors, and dimensions, style and color of any lettering, the shape and design of the opening to be covered, the method of physical support and attachment to the building, any exterior illumination, orientation and setting shall be considered.
M.
Fencing. The location, setting, orientation, type, form, design, overall dimensions, scale, materials, texture, finish, color, impact on adjacent property owners and any additional screening shall be considered.
N.
Mechanical equipment (HVAC systems, exhaust fans, satellite dishes, skylights). The location, setting, visibility, screening, method of installation into the building, orientation, type, form, overall dimensions, scale, design, materials, texture, finish and appearance shall be considered.
O.
The ARB shall also be guided by the purposes for which Historic Landmarks and Historic Districts with contributing and non-contributing properties are designated and by the particular standards and considerations contained in the Secretary of the Interior's Standards for Rehabilitation and guidelines for applying the standards.
§ 175-77 Design guidelines.
The Planning Commission shall develop Historic District Design Guidelines and criteria that are substantially consistent with the Secretary of the Interior's Standards for Rehabilitation to guide the ARB in its determinations of the appropriateness of applications. These Guidelines will be reviewed and approved as amendments to this article by the Town Council upon the recommendation of the Planning Commission. Approval of the Guidelines and any amendments thereto shall be subject to the notice and hearing requirements of § 15.2-2204 of the Virginia Code, as amended, for the Planning Commission and Town Council.
§ 175-78 Review of applications for certificate of appropriateness.
The ARB shall hold monthly meetings as required at which all applications for a certificate of appropriateness shall be reviewed and acted on. The ARB may set a deadline for filing applications to be included on the agenda of the next regular meeting, in addition to hearing proposals during regular meeting on future applications. All ARB meetings shall be open to the public and time at each meeting shall be set aside to assist owners of historic properties having questions pertaining to potential projects. Applications may be approved or disapproved at the initial review meeting depending on the scope of the project and a complete application supplying the ARB with all required information. Additional review and information may be required in some cases before the ARB can render a decision.
§ 175-79 Form or decision and required findings.
A.
Evidence of the approval under the terms of this article shall be a certificate of appropriateness issued by the ARB and the Zoning Administrator as the case may require, stating that the demolition, moving or change in the exterior architectural appearance of the proposed construction, reconstruction, alteration or restoration is approved by the ARB, or the Zoning Administrator as the case may require. A certificate of appropriateness shall be in addition to any other permits required. Any action of applicants following the issuance of a permit requiring a certificate of appropriateness shall be in accord with the application and materials approved.
B.
When review by the ARB is not required for an action proposed within the Designated Historic District, the Zoning Administrator, or a designated staff member, shall note such on all zoning or other permits required for the proposed project.
§ 175-80 Reasons for action.
The ARB shall state clearly its reasons for approval, denial, modification or deferral of an application in the records of the ARB proceedings.
§ 175-81 Failure of ARB to review plans in timely fashion.
The ARB shall render a decision upon request or application for a certificate of appropriateness within 60 days after such application is deemed complete by the Zoning Administrator; failure of the ARB to render such a decision within said sixty-day period, unless such period is extended with the concurrence of the applicant, shall be deemed an approval of the application.
§ 175-82 Authority to inspect.
When a certificate of appropriateness has been issued, the Zoning Administrator, or other designated Town official, 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 in violation of this chapter. The Zoning Administrator may revoke the certificate or zoning permit if the applicant does not correct violations in a timely manner.
§ 175-83 Certificate of appropriateness void if construction not commenced.
A certificate shall become null and void if no significant improvement or alteration is made in accordance with the approved application within 12 months from the date of approval. On written request from an Applicant, the ARB may grant a single extension for a period of up to one year, if, based upon submissions from the Applicant, the ARB finds that conditions on the site and in the area of the proposed project are essentially the same as when approval originally was granted.
§ 175-84 Certificate of compliance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Prior to the issuance of a final certificate of occupancy by the County Building Official, the applicant shall obtain a certificate of compliance from the ARB indicating compliance of the final building or structure with the terms and conditions of his or her certificate of appropriateness. This will be in addition to the normal Infrastructure Inspection Report required by the Town. The ARB shall be the issuing agency for all certificates of compliance, whether the ARB issued the original certificate of appropriateness or whether the Town Council issued it upon appeal.
§ 175-85 Maintenance of historic properties.
A.
Normal maintenance and repair. Nothing in this article shall be construed to prevent the normal repair and maintenance of any exterior architectural feature now or hereafter located in the Historic District. Repair and maintenance should strive to retain existing materials and features while employing as little new material as possible. Such repair begins with the least degree of intervention possible by strengthening fragile materials through consolidation, patching, limited splicing in kind or otherwise reinforcing using recognized preservation methods. All work should be physically and visually compatible, identifiable upon close inspection and documented for future research. If repair by stabilization, consolidation and conservation proves inadequate, the next level of intervention involves the limited replacement in kind of extensively deteriorated or missing parts of features when there are surviving prototypes, i.e., brackets, dentils, and slate shingles. The replacement material needs to match the old both physically and visually, i.e., wood for wood, slate for slate, unless otherwise stated in the Historic Design Guidelines.
§ 175-86 Minimal maintenance requirement (demolition by neglect).
A.
No contributing building or structure within any Historic District shall be allowed to deteriorate due to neglect to the extent that decay, deterioration or defects may, in the opinion of the ARB, result in the irreparable deterioration of any exterior appurtenance or architectural feature or loss of integrity or produce a detrimental effect upon the character of the district as a whole or upon life and character of the structure itself. Upon such determination, the ARB shall request that the Town Council secure the services of a Qualified Code Official who shall, within 30 days, report to the ARB on the following matters:
[Amended 12-10-2019]
(1)
Deterioration of exterior walls or other vertical supports;
(2)
Deterioration of roofs or other horizontal members;
(3)
Deterioration of chimneys;
(4)
Deterioration or crumbling of exterior stucco or mortar;
(5)
Ineffective, long-neglected peeling paint representing a lack of a protective waterproof coating on exterior wooden wall surfaces and wooden elements causing prolonged water penetration, rotting and other forms of decay.
(6)
The lack of maintenance of the surrounding environment causing deterioration to the building or structure through poorly maintained landscaping or plant overgrowth including overhanging trees, limbs, or roots allowed to beat against or grow into the resource, or invasive vines such as climbing ivy with tendrils that attach to and cause loss of mortar and structural soundness in masonry walls and pull out corner boards, weather board and other wooden elements.
(7)
Deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition.
(8)
Determination by the County Building Official, other State authorized safety expert, or the Qualified Code Official hired by the Town that a structure is unsafe or not in compliance with any safety provisions of the Virginia Uniform Statewide Building Code.
B.
The ARB shall hold a public hearing on the report prior to making a determination about any violation of this Section. The Zoning Administrator shall notify the owner of the subject property of the hearing and provide the owner with a copy of the report. The owner shall have 30 days from a determination by the ARB of a violation of this Section to appeal the decision to the Town Council. (See § 15.2-2283 and the Virginia Uniform Statewide Building Code.)
C.
The property owner shall have 60 days from the date of the ARB's determination to present to the ARB a plan to remedy the neglect and six months from the ARB's approval of the Plan and issuance of a certificate of appropriateness to complete the necessary remedial work. If appropriate action is not taken by the property owner, the Zoning Administrator shall initiate appropriate legal action for a violation of this chapter.
§ 175-87 Public safety exclusion.
Nothing in this article shall prevent the razing or demolition of any building or structure without consideration of the ARB which is in such an unsafe condition that it would endanger life or property, and protection from such condition is provided for in the Virginia Uniform Statewide Building Code and/or other applicable ordinances. However, such razing or demolition shall not be commenced without written approval of the County Building Official verifying the conditions necessitating such action.
§ 175-88 Demolition applications.
A.
No historic landmark, or contributing building or structure which is established under this article, shall be partly or fully demolished until a certificate of appropriateness is issued by the ARB, with the right of direct appeal from an adverse decision to the Town Council, as hereinafter provided. An appeal for final decision by the Town Council shall be automatic and mandatory in the case of approval of the demolition of a building or structure so designated as a landmark. The Zoning Administrator may approve the demolition of a building or structure within the Historic District which has not been designated either as a landmark or contributing structure on said inventory map.
B.
The ARB shall consider the following criteria in determining whether or not to grant a certificate of appropriateness for razing or demolition:
(1)
Whether or not the historic landmark, contributing building or structure is of such architectural or historic significance that its removal would be to the detriment of the public interest, to education, cultural heritage, the architectural history of the locality and would cause a loss of a visual tangible demonstration of local history and social and artistic pattern of community development and planning.
(2)
Whether or not the contributing building or structure is of such interest or historic significance that it would qualify as a National, State or local historic landmark through individual listing on the Virginia Landmarks Register or National Register of Historic Places.
(3)
Whether or not the historic landmark, contributing building or structure embodies the distinctive characteristics of a type, period, style, or method of construction, represents the work of a master, possesses high artistic values or represents a significant or distinguishable entity whose components may lack individual distinction or whether the resource is associated with events that have made a significant contribution to the broad pattern of history or is associated with significant persons.
(4)
Whether or not retention of the historic landmark, contributing building or structure would help to preserve and protect an historic or architecturally significant place, the quality of life and pride of place or area of historic interest in the locality and promotes the purpose and intent of historic district zoning, including tourism.
(5)
Whether or not the historic landmark, contributing building or structure has retained integrity or authenticity of its historic identity of design, materials, workmanship, setting, location, association and feeling, and whether its unusual design, quality and workmanship of traditional materials and details of character-defining features could be easily reproduced.
(6)
Whether the proposed razing or demolition will affect the archaeological potential to yield information important to prehistory or history at the site.
§ 175-89 Offer for sale.
However, the owner of a historic landmark, contributing building or structure, as a matter of right shall be entitled to raze or demolish provided that:
A.
He has applied to the ARB for such a right.
B.
The owner has for the period of time set forth in the time schedule hereinafter contained at a price related to its fair market value as determined by independent appraisal, as hereinafter set forth, made a bona fide offer to sell such landmark building or structure, and the land pertaining thereto, to such person, firm, corporation, government, or agency, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto. The procedure for establishing the fair market value, unless the owner and the ARB agree upon the said value, shall be that the owner and the ARB shall each retain one independent, qualified appraiser, and should the two appraisers not agree upon the said fair market value, those appraisers shall choose a third qualified appraiser. A median value shall be established by the three appraisers, which shall be final and binding upon the owner and the ARB.
C.
No contract for the sale of any such historic landmark, or contributing building or structure and the land pertaining thereto, shall be binding or enforceable prior to the expiration of the applicable time period as set forth in the time schedule hereinafter contained. Any appeal which may be taken to the governing body from the decision of the ARB, and from the Town Council to the Circuit Court, shall not affect the right of the owner to make a bona fide offer to sell. Offers to sell as provided in this section shall be made within one year of the date of application to the ARB.
D.
Before making a bona fide offer to sell, an owner shall first file a written statement with the Chairman of the ARB. Such statement shall identify the property, state the offering price, the date the offer of sale is to begin, and name of the real estate agent, if any. No time period set forth in the time schedule hereinafter set forth shall begin to run until such statement has been filed.
E.
The time schedule for offers to sell shall be as follows:
(1)
Three months when the offering price is less than $25,000;
(2)
Four months when the offering price is $25,000 or more but less than $40,000;
(3)
Five months when the offering price is $40,000 or more but less than $55,000;
(4)
Six months when the offering price is $55,000 or more but less than $75,000;
(5)
Seven months when the offering price is $75,000 or more but less than $90,000;
(6)
Twelve months when the offering price is $90,000 or more; or
(7)
Such other schedule as may be established from time to time in § 15.2-2306 of the Virginia Code.
§ 175-90 Moving or relocation of building or structure.
No building or structure officially designated as an historic landmark or contributing building or structure within the district on the inventory map which accompanies this article shall be moved or relocated unless the same is approved by the ARB and a certificate of appropriateness issued with right of direct appeal of an adverse decision to the governing body as herein provided. An appeal for final decision by the Town Council shall be automatic and mandatory in the case of approval of the moving or relocation of a building or structure so designated as an historic landmark. The Zoning Administrator may approve the moving or relocation of the building or structure within the historic district which has not been designated either as an historic landmark, contributing building or structure on said inventory map.
§ 175-91 Moving or relocation of landmark or contributing building or structure.
Matters to be considered in determining the appropriateness of moving or relocating an historic landmark, contributing building or structure within the Historic District:
A.
Whether or not the proposed relocation would have a detrimental effect on the structural soundness of the historic landmark, contributing building or structure or any other resource in the district with its relocation.
B.
Whether or not the proposed relocation would have a detrimental effect on the historical and architectural aspects of other historic landmarks, contributing buildings or structures at the present site or in the district(s).
C.
Whether the proposed relocation would provide new surroundings that would be harmonious with or incompatible with the historical and architectural aspects of the historic landmark, contributing building, or structure.
D.
Whether or not the proposed relocation is the only means of saving the building or structure from demolition or demolition by neglect.
E.
Whether the proposed relocation will take into consideration any related outbuildings and the impact or effect upon these resources.
F.
Whether the present site will remain vacant for a long period of time and how this will affect the historic streetscape and Historic District(s).
G.
Whether the proposed relocation will affect the archaeological potential to yield information important to prehistory or history on the current site and proposed site.
§ 175-92 Appeal from ARB to Town Council.
A.
The applicant or any aggrieved person may appeal a final decision of the ARB to the Town Council by filing a written notice of appeal within 30 days of the date of the ARB decision.
B.
The Town Council may affirm, reverse, or modify, in whole or in part, the decision of the ARB. In so doing, the Town Council shall give due consideration to the recommendations of the ARB along with other evidence as it deems necessary for the proper review of the application.
C.
Hearing before the Town Council. Upon appeal, the final decision of the ARB shall be stayed pending the decision of the Town Council; provided, however, that the applicant is prohibited from taking any action for which approval is sought during the pendency of such appeal. The Town Council shall conduct a full and impartial public hearing on the matter using the same adopted standards, criteria and design guidelines, in compliance with § 15.2-2204 of the Virginia Code, before rendering any decision.
§ 175-93 Appeal from Town Council to Circuit Court.
A.
Appeal to Circuit Court. Any person may appeal any decision of the Town Council to affirm, modify or reverse a decision of the ARB to the Circuit Court for review by filing a petition at law. The petition shall set forth the alleged illegality of the action of the Town Council and the grounds thereof. The petition shall be filed within 30 days after the decision of the Town Council. The filing of the petition shall stay the decision of the Town Council, except that a decision denying a request for demolition in a Historic District shall not be stayed. A copy of the petition shall be delivered to the Town's Attorney, who shall file with the Circuit Court a certified or sworn copy of the record and documents considered by the Town Council.
B.
Review by the Circuit Court. The Circuit Court shall review the record, documents and other materials filed by the Town Council. The Circuit Court may reverse or modify the decision of the Town Council, in whole or in part, if it finds upon review that the decision of the Town 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 Town Council.
§ 175-94 Enforcement.
A.
Wherever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this article, the Zoning Administrator, upon resolution of the ARB of such violations, may make application to the Circuit Court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation, or to remedy such violations by restoring the affected property to its previous condition or remedying neglect. Upon proof by the ARB that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order or other appropriate order shall be applied for, to be granted by the Court.
B.
The Zoning Administrator shall have authority to order that work be stopped and that all permits for the work being performed be revoked upon a resolution of the ARB of any violations of this article.
§ 175-95 Criminal penalties.
Any person who violates any provision of this article shall be punishable as set forth in § 175-56, Violations and penalties, of this chapter.
§ 175-96 Severability.
If any provision of this article or the application thereof to any person or circumstances is held invalid, the remainder of this article and the application of such provisions to other persons or circumstances shall not be affected thereby.