Pursuant to Code of Virginia, § 15.2-2306 et seq., as amended, the Board of Supervisors of Lancaster County, Virginia, is authorized to adopt an ordinance to promote and protect the historic landmarks within the county.

The intent of this ordinance is to promote the preservation of buildings, structures, objects, sites and historic districts which have special historical, cultural, architectural or archaeological significance to Lancaster County. It is hereby recognized that the destruction or alteration of such properties may cause the permanent loss of resources which are of great value to the people of Lancaster County and that special controls are warranted to ensure that such losses are avoided where possible. It is the intent, however, of the board of supervisors that the rights of individual property owners be given the fullest consideration possible under the terms of this ordinance.

The purpose of this ordinance is to preserve and improve the quality of life for residents of the county by establishing a historic resources commission to oversee the nomination and designation of significant historic properties in the county to the Lancaster County Registry of Historic Landmarks and the preservation and protection of these treasured visual elements. The historic resources commission is also charged with educating residents on the historical, architectural, archaeological and cultural heritage of Lancaster Count.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

Building. A building is a structure, such as a house, barn, church, hotel, or similar construction, which is created principally to shelter any form of human activity. "Building" may also refer to a historically and functionally related unit, such as a courthouse and jail, or a house and a barn.

Designation. Designation is an honorary distinction conferred by the historic resources commission that recognizes a property's historic, cultural, architectural or archaeological merits. No zoning change is inferred or implied by designation of a property.

Historic district. A historic district possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development.

Historic overlay zone. A historic overlay zone is a zone that imposes the restrictions outlined in this ordinance in order to retain the historic character of a property. A historic overlay zone does not change the activities permitted in the underlying zone. Development within historic overlay zones must conform to the requirements of both zones or the more restrictive of the two.

Object. The term "object" is used to distinguish from buildings and structures those constructions that 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.

Property. A property is a portion of land with distinct boundaries which may include historic buildings, structures, sites, objects or historic districts.

Site. A site is 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 structure.

Structure. The term "structure" is used to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter.

Substantial alteration. Substantial alterations are, for the purposes of this ordinance, all alterations not expressly exempted by section 10-6-4 of this ordinance. Substantial alterations include but are not limited to those alterations described in section 10-6-3 of this ordinance.

Zoning administrator. For the purposes of this ordinance "zoning administrator" is defined as the county staff member designated by the board of supervisors to enforce the provisions of this ordinance.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

There is created a commission known as the Historic Resources Commission (HRC). Members of the existing historic resources commission and the expiration dates of their terms are hereby continued. Members of the HRC are appointed by the Lancaster County Board of Supervisors.

10-3-1. [Responsibilities.] The HRC is responsible for the following:

(1)

Identify, review, and nominate all appropriate buildings, structures, historic districts, sites or objects to be considered as Lancaster County landmarks.

(2)

Maintain an inventory of currently designated landmarks.

(3)

Maintain a file on all properties nominated for designation, which may include drawings, surveys, and photographs, and the designation decision in each case. These files shall be available for public review.

(4)

Assist and advise the Lancaster County Board of Supervisors, other county agencies, and property owners concerning historic preservation issues.

(5)

Review historic overlay zoning for Lancaster County's designated landmarks and make recommendations to the board of supervisors in that connection.

(6)

Make recommendations to the Lancaster County Board of Supervisors concerning the establishment of an appropriate system of markers for designated landmarks, including proposals for the installation and care of such markers.

(7)

Promote public interest in Lancaster County's historic resources by educating residents on the historical, architectural, archaeological and cultural heritage of Lancaster County.

(8)

Make recommendations and provide assistance to owners of appropriate properties for their addition to the Virginia Landmarks Register and/or their nomination to the National Register of Historic Places.

10-3-2. Composition of the HRC. The HRC consists of five voting members (one member appointed from each electoral district) and one ex-officio member appointed from the membership of the board of supervisors. The member appointed from the board of supervisors serves a one-year term. The remaining five members shall serve three-year terms, no more than two expiring in any one year. Vacancies are filled by the Lancaster County Board of Supervisors within 60 days.

A member of HRC who shall be absent from three consecutive regular meetings, or who shall be absent from four regular meetings in any six-month period, shall be found to have abandoned their charge to serve on the commission unless confined by illness or other absence approved by a majority of those voting at any meeting thereof. This finding shall be reported to the board of supervisors at its next regularly scheduled meeting. Such report shall document the unexcused absences and make recommendation that the member be removed from the commission and that a replacement be appointed.

10-3-3. General operating procedures. The commission shall establish policies consistent with the ordinances of Lancaster County and the Code of Virginia of 1950 as amended. The HRC will adopt and abide by written bylaws approved by the board of supervisors. The bylaws will be reviewed annually by the HRC. Any changes will be approved by the board of supervisors.

(Ord. of 1-28-93; Ord. of 12-94; Ord. of 12-20-99; Ord. of 7-30-20)

The HRC shall make a review of, and designate as Lancaster County historic landmarks, the properties which constitute a significant historical, architectural and archaeological resources in Lancaster County. The quality of significance in history, architecture, archaeology and culture is present in properties that possess integrity of location, design, setting, materials, workmanship, feeling and association.

10-4-1. Criteria for evaluation. A property may be presented for consideration as a Lancaster County historic landmark if it meets one or more of the following criteria:

(1)

Association with events that have made a significant contribution to the broad patterns of our cultural, political, economic, military or social history.

(2)

Association with the lives of a person or persons significant in the history of Lancaster County, Virginia, the Commonwealth of Virginia or the United States of America.

(3)

Embodiment of the distinctive characteristics of a type, period, or method of construction, or that possess highly artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction.

(4)

Yielded, or may be likely to yield, information important in prehistory or history.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-5-1. Process.

(1)

Application. Owners of individual properties that are designated Lancaster County historic landmarks may apply to the HRC for historic overlay zoning. In the case of designated historic districts containing multiple properties with multiple owners, a minimum of 52 percent of the owners may initiate an application to the HRC for historic overlay zoning. The HRC may also initiate the application for historic districts. Application forms may be obtained from the Lancaster County Department of Building and Land Use. In either case, the process is begun by filing this application with the HRC. Upon signature the applicant certifies that he/she has read, or has had read to him/her and understands the terms of historic overlay zoning as outlined in this ordinance.

(2)

Recommendation. Upon receipt of a completed application the HRC will consider historic overlay zoning applications for designated properties and, where deemed needed or useful to fulfill the purposes of this ordinance, may recommend such zoning to the planning commission. This recommendation will include a written document to substantiate the establishment of a historic overlay zone, including a description of the exact boundaries of the property, the historic significance of the property, an evaluation of the condition of the property, and the reasons for the need of an overlay zone.

(3)

Termination of application. The application for historic overlay zoning will be terminated and no further action taken if at least 25 percent of the owner(s) of record of the properties within a proposed historic overlay zone, as shown on the commissioner of revenue's tax maps or on the official land use maps of Lancaster County, file a written objection thereto prior to the date of the public hearing before the planning commission as required by section 10-5-1(4).

(4)

Planning commission. Upon receipt of a recommendation for a historic overlay zone from the IIRC, the planning commission will hold a public hearing and recommend or not recommend the proposed historic overlay zone to the board of supervisors. Notice of such a public hearing will comply with Code of Virginia, § 15.1-431, as amended.

(5)

Board of supervisors. Upon receipt of the judgment of the planning commission regarding a historic overlay zone, the board of supervisors will hold a public hearing and approve or disapprove the proposed overlay zone. Notice of such a public hearing will comply with Code of Virginia, § 15.1-431, as amended.

(6)

Provision for appeals. The action of the board of supervisors may be appealed to the Circuit Court of Lancaster County provided an appeal is filed within 30 days of the date of the board of supervisor's final written action.

(7)

Official zoning map. All historic overlay zones will be clearly delineated on the official zoning map of Lancaster County.

10-5-2. Permitted uses. All permitted uses of the underlying zoning district shall remain in effect. In addition, the charging of admission fees for visitors or the conduct of tours within the historic overlay will not be considered a commercial use of the property.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

Prior to any substantial alteration to a property with historic overlay zoning in Lancaster County, the HRC must certify, with the aid of an authorized professional if necessary, that the proposed alteration is historically, architecturally and archaeologically appropriate to the property in question, and upon concurrence will issue a certificate of appropriateness.

A certificate of appropriateness will be required for any construction (including signs), reconstruction, restoration, or substantial alteration in exterior appearance, which is not specifically exempt from review as stated in section 10-6-4, on a property with historic overlay zoning.

In addition, a certificate of appropriateness will be required prior to the razing, demolition or moving of a building or structure on a property with historic overlay zoning. Section 10-13 of this article applies to hazardous structures.

10-6-1. Process.

(1)

Owners of properties with historic overlay zoning who wish to make substantial alterations to their property will apply to the HRC for a certificate of appropriateness.

(2)

The HRC will review a completed application for a certificate of appropriateness and will act to approve or deny the application within 60 days of filing. An extension of this 60-day period may be made by the board of supervisors. This period will not exceed 60 additional days. Formal notice of this extension will be made in writing to the applicant.

The HRC may request that the applicant consider changes in plans and/or specifications which would protect the historical aspects of the property. The HRC may also request an archaeological impact study at the expense of the applicant. If the applicant agrees to the suggested changes in writing, the HRC may issue the certificate of appropriateness.

10-6-2. [Standards adopted.] The HRC adopts the U.S. Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as revised, by this ordinance. These standards will provide guidance in the review of alteration, restoration and rehabilitation of designated properties with historic overlay zoning.

The U.S. Department of Interior Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines, is adopted as a guideline.

10-6-3. Substantial alterations. Substantial alterations shall include but not be limited to the following examples:

(1)

Construction of a new building or new accessory building adjacent to a designated building, structure, object or site.

(2)

Any addition to or alteration of a building, structure or object which increases the square footage or otherwise alters in size, height, contour or outline.

(3)

Any alteration to the exterior of a building, structure or object, including removal or rebuilding of porches, openings, dormers, window sashes, chimneys, columns, structural elements, stairways, terraces and the like.

(4)

The addition or removal of one or more stories of a change of roof line.

(5)

Landscaping which involves major changes of grade or walls and fences more than three and one-half feet in height.

(6)

Any signs except those exempted in section 10-6-4(4).

(7)

Any other major action not specifically covered by the terms of this section but which would have a substantial effect on the character of the property.

10-6-4. Alterations exempt from review. Certain minor actions which do not have a permanent effect on historical character are exempted from review. They include routine maintenance projects done to prevent deterioration or to replace parts of a structure with similar materials in order to correct any deterioration, decay of or damage to any structure or on any part thereof, or to restore parts of a structure as nearly as practical to its condition prior to such deterioration, decay or damage.

Where an exemption from review is questioned, the zoning administrator will be contacted for an interpretation prior to commencement of work.

Although the alterations outlined in section 10-6-4 are exempted from review by the HRC, the HRC will provide advice on minimizing historic impact of these alterations upon request.

(1)

Repainting. (Original painting of masonry surfaces is not exempt from review.)

(2)

Replacement of missing or broken window panes, roofing slates, tiles, or shingles, outside doors, window frames or shutters where no change in design or material is proposed.

(3)

Addition or deletion of storm doors or storm windows, window gardens and portable air conditioners located in existing windows, doors or other existing wall openings.

(4)

Deletion of television and radio antennas or satellite dishes. Addition of television and radio antennas or satellite dishes in locations that are out of public view.

(5)

Landscaping involving minor grading, walks, low retaining walls, or temporary fencing which will not affect the character of the property and its surroundings.

(6)

Erection of any sign permitted in a residential district and any permitted non-illuminated sign not exceeding 32 square feet in a business or industrial area.

(7)

Construction of loading or parking areas containing five spaces or less.

(8)

Creation of outside storage which does not require structural changes or major grading and is not within public view.

(9)

The zoning administrator shall have authority to order that work be stopped and that an appropriate application be filed for review by the HRC in any case where in his opinion the action may destroy or significantly alter historic, architectural, archaeological or cultural material and which would not be compatible with the size, scale, color, material and character of the property.

10-6-5. Application for demolition. The demolition, razing or moving of any building or structure within an historic overlay zoning shall be permitted only if the owner has secured a certificate of appropriateness as outlined in section 10-6-1.

The owner of a building or structure within an historic overlay zoning who has been denied a certificate of appropriateness by the HRC to demolish, raze or move a building or structure, and on appeal, to the board of supervisors, as a matter of right shall be entitled to raze or demolish said building or structure provided that the following conditions are met:

(a)

The owner has made a bona fide offer to sell the building or structure, and the land pertaining thereto, to the County of Lancaster or any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the building, structure or object; and

(b)

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of the building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth below.

Any appeal which may be taken to the court from the decision of the board of supervisors, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above.

No offer to sell shall be made more than one year after a final decision by the board of supervisors, but thereafter the owner may renew his request to the board of supervisors to approve the razing or demolition of the historic building, structure or object.

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

(1)

Three months when the offering price is less than $25,000.00.

(2)

Four months when the offering price is $25,000.00 or more but less than $40,000.00.

(3)

Five months when the offering price is $40,000.00 or more but less than $55,000.00.

(4)

Six months when the offering price is $55,000.00 or more but less than $75,000.00.

(5)

Seven months when the offering price is $75,000.00 or more but less than $90,000.00.

(6)

Twelve months when the offering price is $90,000.00 or more.

10-6-6. Bona fide offer to sell; procedures for filing notice of offer. Before making a bona fide offer to sell, provided for in section 10-6-5, an owner shall first file a statement with the board of supervisors of the county. The statement shall identify the property, state the offering price, the date the offer of sale is to begin and name and address of listing real estate agent, if any. The statement shall provide assurances that the building or structure will be preserved and/or restored, as appropriate, by the purchaser thereof. No time period set forth in the time schedule contained in section 10-6-5 shall begin to ran until the statement has been tiled. Within five days of receipt of a statement, copies of the statement shall be delivered to the members of the board of supervisors, members of the planning commission, and members of the HRC.

10-6-7. Questions as to price. The fact that a building or structure has been offered for sale at price reasonably related to fair market value may be questioned, providing there is filed with the board of supervisors, on or before 15 days after the offer of a sale has begun, a petition in wilting signed by at least ten persons owning real estate in the vicinity of property offered for sale. Upon receipt of such petition, the board shall, at the expense of the county, appoint three disinterested real estate appraisers, familiar with property values in the county, who shall forthwith make an appraisal of the building or structure in question and file a written report with the board stating whether or not the offer to sell the building or structure is at a price reasonably related to its fair market value. The opinion of any two of the three appraisers shall be final and binding. In the event the opinion is to the effect that the offer to sell the building or structure is at a price reasonably related to its fair market value, the owner may continue pursuant to section 10-6-5. In the event the opinion is to the effect that the offer to sell the building or structure is not at a price reasonably related to its fair market value, the date of the offer to sell first established pursuant to section 10-6-5, shall be void and the owner, if he wished to take advantage of the right provided in section 10-6-5, must re-file the notice provided for in [section] 10-6-5. Notwithstanding an adverse opinion by the appraisers, if an owner has entered into a bona fide contract as provided in section 10-6-5, prior to the date the appraisers have filed their report with the board, the price shall be deemed reasonably related to the fair market value.

10-6-8. Maintenance of historic properties. All buildings and structures with historic overlay zoning shall be preserved against decay and deterioration and maintained free from structural defects to the extent that such decay, deterioration, or defects may, in the opinion of the Lancaster County Building Official, result in the irreparable deterioration of any exterior appurtenance or architectural feature or produce a detrimental effect upon the character of the district as a whole or upon the life and character of the structure itself, including, but not limited to:

(1)

The deterioration of exterior walls or other vertical supports.

(2)

The deterioration of roofs or other horizontal members.

(3)

The deterioration of exterior chimneys.

(4)

The deterioration or crumbling of exterior plaster or mortar.

(5)

The ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors,

(6)

The peeling of paint, rotting holes, and other forms of decay.

(7)

The lack of maintenance of surrounding environment, for example, fences, gates, sidewalks, steps, signs, accessory structures and landscaping, including diseased or damaged vegetation that can damage a historic building.

(8)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

After a notice to comply has been issued citing specific instances of failure to maintain or repair a structure, the owner/agent of the property shall have 30 days to remedy such violation. This compliance action shall be taken pursuant to section 14-4, Lancaster County Code of Ordinances and section 115,3 of the Uniform Statewide Building Code (USBC).

Appeals of any order, decision or action of the Lancaster Building Official shall be to the Lancaster County Building Code Board of Appeals. Such appeals shall be handled pursuant to section 119.1 of the USBC and § 36-105 of the Code of Virginia, 1950, as amended.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

The subdivision agent appointed by the board of supervisors and the planning commission, when appropriate, in reviewing subdivision applications shall consider the following criteria where a property with historic overlay zoning is included within a proposed subdivision:

10-7-1. Location of individual lots in relation to the propert.

10-7-2. Location and orientation of the street pattern.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-8-1. The zoning administrator may periodically inspect a property with historic overlay zoning for compliance with this article.

10-8-2. This inspection may be conducted from a public right-of-way or, if access to the affected property is required, following notice to the owner of the affected property. This notice shall provide a summary of the rationale for the request and provide a reasonable period of time for the property owner to accommodate the request for inspection.

10-8-3. In the event that there exists probable cause that destruction of any pail of a property protected by historic overlay zoning is underway, the zoning administrator may require an immediate inspection of the site.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-9-1. If the zoning administrator determines that a violation of this article exists, that officer shall immediately serve the owner/agent of the property a notice to comply. This notice may be served in person or by certified mail to the last known address of the owner/agent. Such notice shall set forth specifically the measures needed to come into compliance with this article and shall specify the time within which such measures shall be completed.

10-9-2. The zoning administrator may require the Lancaster County HRC to provide a report which describes the corrective action to be taken.

10-9-3. If such owner/agent fails to comply within the time specified, the owner/agent responsible for maintaining the property in accordance with this article is presumed to be in violation and subject to further enforcement action as described below.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-10-1. Upon determination that a violation of this article has taken (or is taking) place, the zoning administrator may issue an order requiring that all or part of the unauthorized activity be stopped until the specified corrective measures have been taken.

10-10-2. A stop work order may be issued contemporaneous with or prior to a notice to comply if the zoning administrator believes that this action is necessary to protect the property from further damage. Otherwise, such an order may be issued only after the owner/agent has failed to correct the violations contained within a notice to comply.

10-10-3. A stop work order shall be served in the same manner as a notice to comply as specified above.

10-10-4. The stop work order shall remain in effect until the violation has been abated or the matter has been adjudicated in the Lancaster County Circuit Court.

10-10-5. Upon the completion of corrective action, the stop work order shall be rescinded immediately.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-11-1. Any person, firm or corporation, whether as principal, agent, employed [employee] or otherwise, violating, causing or permitting the violation of any of the provisions of this ordinance, without resulting in injury to any person or persons, shall be subject to a civil penalty of $100.00. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00.

10-11-2. The zoning administrator may require the county attorney to apply to the Circuit Court of Lancaster County for injunctive relief to enjoin a violation or a threatened violation of this article.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-12-1. The actions of the zoning administrator shall be subject to review by the board of zoning appeals as set forth in article 14 of the Lancaster County zoning ordinance provided an appeal is filed within 30 days of the date of any written action by the zoning administrator which adversely affects the rights, duties or privileges of the owner/agent of the historic property.

10-12-2. The actions of the board of supervisors shall be subject to review by the Circuit Court of Lancaster County provided an appeal is filed within 30 days from the date of the board's final, written action.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-13-1. Determination. The Lancaster County Building Official, or designee, is the official authorized by the Virginia Uniform Statewide Building Code to make the determination that a structure is unsafe and must be immediately razed.

10-13-2. When the building official has determined that a building is unsafe in accordance with the requirements of the uniform statewide building code, that official is required to ensure that the building is made safe and no longer endangers life or property.

10-13-3. Nothing in this ordinance will prevent the razing of a building determined to be unsafe by the building official.

10-13-4. When the building official orders the razing of an unsafe building, a copy of the written order will be forwarded to the HRC, but the approval of the commission is not required to carry out the order.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)

10-14-1. Validity. Should any article, section, subsection or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

10-14-2. Repeal.Article 10—Historic districts, district H-l, of the Lancaster County zoning ordinance of June 1, 1975 as amended, and the Lancaster County Historic Landmark Commission ordinance, adopted November 24, 1970, as amended, are hereby repealed.

10-14-3. Repealed.

10-14-4. Effective date. This ordinance is effective immediately upon adoption.

(Ord. of 1-28-93; Ord. of 12-20-99; Ord. of 7-30-20)