Edinburg City Zoning Code

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."

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

To encourage sound stewardship and foster a sense of pride in Edinburg's heritage resources.

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.

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.

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.

Members of the ARB shall receive such compensation as may be authorized by the Town Council, from time to time.

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.

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.

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.

The ARB shall:

The ARB may, from time to time, recommend areas for designation as historic districts, and additions or deletions to districts.

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.

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.

The ARB shall submit an annual report of its activities to the Town Council at the regularly scheduled June Town Council meeting.

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.

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.

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.

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.

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.

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:

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:

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.

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.

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.

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.

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.

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.

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.

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:

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.

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:

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.

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.

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.

Meetings of the ARB shall be open to the public.

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.

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.

No driveway permit shall be issued by either the Town or Virginia Department of Transportation unless a certificate of appropriateness has first been obtained.

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.

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.

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.

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.

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.

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.

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.

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.

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

The impact of the proposed alteration, new construction or restoration upon the historic setting, streetscape or area.

The probable effect of proposed construction on historic sites and other cultural landscapes.

Any other factors, including aesthetic design factors, which the ARB deems to be pertinent.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.)

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.

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.

The ARB shall consider the following criteria in determining whether or not to grant a certificate of appropriateness for razing or demolition:

He has applied to the ARB for such a right.

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.

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.

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.

The time schedule for offers to sell shall be as follows:

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.

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).

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.

Whether or not the proposed relocation is the only means of saving the building or structure from demolition or demolition by neglect.

Whether the proposed relocation will take into consideration any related outbuildings and the impact or effect upon these resources.

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).

Whether the proposed relocation will affect the archaeological potential to yield information important to prehistory or history on the current site and proposed site.

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.

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.

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.

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.

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.

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.

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.