The Historic Preservation Overlay (HP-O) District fulfills the comprehensive plan's goal of recognizing Martinsville's unique character and promoting the conservation and preservation of the city's historic resources, buildings, and properties. The preservation and effective growth management of the areas in and around the city's central business district and historic residential neighborhoods are fundamental to implementing Martinsville's goals for future land use.

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

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

The boundaries of the HP-O District shall be delineated on the official zoning map as adopted by city council, and updated as necessary from time to time. All properties falling within the overlay shall be subject to the provisions of this section, in addition to the provisions of the applicable underlying zoning district.

1.

Architectural review board power to approve. No zoning, site plan, subdivision plat, or building permit shall be issued for the erection, reconstruction, exterior alteration, restoration, rehabilitation, razing, relocation or demolition of any building, structure, sign, fence, wall, light fixture, accessory building, grading, site improvement, significant landscaping feature or other appurtenant element in an HP-O District until such building or site element has been approved by the issuance of a certificate of appropriateness by the architectural review board for the city (abbreviated as "ARB"). Issues of code compliance affecting the above mentioned elements of a building within an HP-O District shall also be referred to the ARB for consideration prior to any action, including demolition.

2.

The architectural review board will also serve as a consulting party to any required review under Section 106 of the National Historic Preservation Act, whether or not the project under review lies within the Historic Preservation Overlay District.

3.

General considerations for review. The architectural review board shall promptly review each application for any zoning, site plan, subdivision plat, and building permit for a building, structure, or property located within an HP-O District. In reviewing applications, the architectural review board shall consider only those design features as seen from the street and shall not make any requirements except for the purpose of preventing development that is incompatible with the historic aspects of the HP-O District subject to review.

The architectural review board shall consider, among other things, the following in determining appropriateness of any structural erection, reconstruction, exterior alteration, demolition, or restoration:

a.

The compatibility with the design and development standards and criteria as included in this section, in the historic district design guidelines and, further, with amendments thereto as may be adopted from time to time.

b.

The appropriateness of the general design geometry and proportions, structural arrangement, building materials, texture and color of the proposed building, structure or appurtenant element in relation to such factors as the compatibility with similar features of buildings or structures within the area circumscribed by the subject HP-O District. This shall include consideration of, but not be limited to, the following design elements:

1.

General design.

2.

Character and appropriate of design.

3.

Form.

4.

Proportion and scale.

5.

Mass.

6.

Configuration.

7.

Arrangement.

8.

Texture.

9.

Materials.

10.

Color.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

4.

Certificates of no effect. Certain minor actions that will not permanently affect the historic character of a given HP-O District do not require a certificate of appropriateness, or the review of the ARB. Such minor actions may, upon application, be issued a certificate of no effect by the zoning administrator, certifying that no further review is required. 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 here:

a.

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

b.

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

c.

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

d.

Repainting resulting in the same or similar color.

e.

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

f.

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

g.

Permitted outside storage in a residential which is not visible from a public street (provided screening and buffers for such storage is provided in accord with the landscape regulations, section XXII of this ordinance).

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 in his opinion the action may produce arresting and spectacular effects, violent contrasts of materials or colors and intense and lurid colors or patterns, or incongruous details clearly inconsistent with the character of the present structures or with the prevailing character of the HP-O District.

5.

Application process. Applications for architectural review board approval under the provisions of this section shall be made to the zoning administrator at least twenty-one (21) calendar days prior to the next regularly scheduled meeting of the architectural review board, unless otherwise waived by the zoning administrator.

6.

Application submission requirements. In consideration of a complete application, the zoning administrator and the architectural review board may require any or all of the following information and any other materials as may be deemed necessary for its review:

a.

Statement of proposed use and user.

b.

Statement of estimated construction time.

c.

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

d.

Site plan drawings, prepared to meet the city site development plan submission requirements for a preliminary site plan or preliminary subdivision plat, and other exhibits showing the location of the existing and proposed building and site improvements, including:

1.

Existing property boundaries, building placement and site configuration.

2.

Existing topography and proposed grading.

3.

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

4.

Relationship to adjacent land uses.

5.

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

6.

Proposed building color and materials.

7.

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

8.

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

9.

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

e.

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

f.

A landscaping and buffer plan.

g.

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

h.

Graphic exhibits depicting compliance with other design elements.

7.

Required action by architectural review board.

a.

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

b.

The architectural review board shall act to approve, approve with modification, extend, or deny the application or temporary COA (see subsection 11 below).

c.

The zoning administrator shall notify the applicant in writing of a decision by the architectural review board within fourteen (14) calendar days from such action.

d.

If no decision has been made by the ARB within sixty (60) days after the zoning administrator has received the application, and no mutual agreement between the applicant and the architectural review board has been made for the extension of this time period, the zoning administrator may submit the application to the clerk of the city council and the city council shall review the application, in the same manner as if a decision of the ARB had been appealed.

8.

Incomplete applications. Applications deemed incomplete by either the zoning administrator or the architectural review board shall be returned to the applicant within fourteen (14) calendar days of initial application submission. In cases of returned applications, the zoning administrator shall provide guidance to inform the applicant of additional information required to complete the submission. The architectural review board will not act upon an incomplete application.

9.

Conditions and limitations on approval. Architectural review board approval of an application submitted under the provision of this section shall expire one year after the date of such approval unless:

a.

A building permit has been obtained for construction.

b.

An extension has been granted by the architectural review board. Such extension grant shall not exceed six (6) months.

10.

Temporary certificates of appropriateness. The architectural review board may, at its discretion, issue a temporary certificate of appropriateness under the following circumstances:

a.

To allow work to begin on a project while the final certificate of appropriateness is still being considered, and where such work will not affect the substance of the final certificate.

b.

An application does not meet the necessary requirements for architectural compatibility, but the applicant meets all of the following requirements:

1.

Strict application of this section would produce undue hardship.

2.

The proposed work would not be of such a permanent nature as to preclude future activity which would meet compatibility compliance.

3.

No such temporary certificate shall be issued in this condition which allows the proposed work to exist for a period longer than five (5) years.

11.

Appeal of architectural review board decision.

a.

Any person aggrieved by any decision of the architectural review board may appeal such decision to the city council, provided that such appeal is filed within thirty (30) calendar days from the date of notification of architectural review board decision.

b.

The appeal shall be filed with both the city council and the architectural review board, stating in writing the reasons therefore.

c.

The city council shall consult with the architectural review board in relation to any appeal and may require documentation of any architectural review board decision prior to hearing the appeal.

d.

The city council may affirm, reverse or modify the architectural review board decision and shall notify the zoning administrator of its action.

12.

Appeal of city council decision.

a.

Any person aggrieved by any decision of the city council may appeal such decision to the circuit court of the city provided that such appeal is filed within thirty (30) days after a final decision is rendered by the city council.

b.

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

c.

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

13.

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

a.

The owner has applied to the architectural review board for such right.

b.

The owner has for the period of time set forth in the time schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell such site, object, building or structure and the land pertaining thereto to whomever gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto.

c.

That no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained. Any appeal which may be taken to court from the decision of the governing body, whether instituted by the owner or by any other proper party, notwithstanding the provision heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above.

d.

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

1.

Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00).

2.

Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more but less than forty thousand dollars ($40,000.00).

3.

Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more but less than fifty-five thousand dollars ($55,000.00) or more but less than seventy-five thousand dollars ($75,000.00).

4.

Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more but less than seventy-five thousand dollars ($75,000.00).

5.

Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more but less than ninety thousand dollars ($90,000.00).

6.

Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

e.

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

1.

The owner of any building or structure located in a historic district shall keep such structure properly maintained and repaired.

2.

The degree of maintenance and repair hereby required is that degree sufficient to prevent all permanent damage to the structural components and/or the exterior by any foreseeable force, including but not limited to weather, fire and termites.

3.

The zoning administrator may require such owner to discharge this maintenance duty. Acts which the zoning administrator may require such owner to perform, pursuant to this subsection, shall include, but shall not be limited to, the following: exterior painting; replacing broken window panes; securing abandoned structures by boarding up, or otherwise; maintaining a sound roof, eaves and roof gutters; termite treatment, if the board suspects that the structure contains termites.

4.

The zoning administrator may use whatever legal processes are needed to assure that this duty is discharged fully and properly. The zoning administrator, to the extent that their powers permit, shall honor requests made by the board for the purpose of enforcing this subsection.

1.

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

2.

Nothing in this section shall be construed to prevent the application of the city's building code. In cases of conflict between this section and the building code, the provisions of the building code shall supersede the HP-O district and ARB.

3.

Parking and loading provisions shall be in accordance with the provision of the zoning ordinance unless otherwise restricted by the conditions of architectural review board approval or waived by the city manager.

4.

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

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

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

1.

Establishment of architectural review board For the purpose of administering the provisions of this section, there shall be established an architectural review board (or "ARB").

2.

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

3.

Membership and terms of architectural review board.

a.

The architectural review board shall consist of five (5) citizens, all of whom shall be residents of the city, except that one member may be a licensed architect or landscape architect who is not a resident of the city.

The members shall be appointed by the city council and serve without compensation.

b.

The architectural review board members shall serve a term of three (3) years, except that original appointments shall be made such that terms expire on a staggered basis.

A member of the board may serve three (3) consecutive terms. City council may reappoint the board member for a fourth term if no one qualified has applied. If a board member moves from the city during his/her term of appointment, he/she may continue to serve as a member with approval of the city council.

c.

At the first meeting of the architectural review board, the members, by majority vote, shall elect one member to serve as chairman. Thereafter, a chairman shall be elected to a two-year term at the first meeting to be held on or after July 1, in such year. Similarly, the members shall elect a vice-chairman and secretary who will also serve for a term of two (2) years. The secretary may or may not be a member of the board.

d.

Appointments to the architectural review board to fill vacancies shall be only for the unexpired term of the departing member.

e.

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

f.

A waiver of the membership constituency of the ARB may be provided in the event that the city council cannot fulfill the membership requirements as outlined hereinabove.

g.

The architectural review board shall adopt rules of procedure and keep written minutes of its meetings.

4.

Duties of the zoning administrator.

a.

The zoning administrator shall act as agent to the architectural review board.

b.

Upon issuance of a certificate of appropriateness, the zoning administrator shall from time to time inspect the alteration or construction approved by such certificate and shall give prompt notice to the applicant of any work not in accordance with such certificate or violation any ordinances of the city.

c.

The zoning administrator may revoke the certificate of appropriateness or the building permit if violations are not corrected by the applicant in a timely manner.

5.

General rules of the architectural review board.

a.

There shall be a regular monthly meeting of the architectural review board except that, at the discretion of the chairman, a regular meeting may be canceled if there is no business pending before the architectural review board, and after inquiry of the other members there is no new business to be presented. A schedule of the dates of the monthly meetings shall be established, and the dates of upcoming meetings posted on the city's website.

b.

Special meetings of the architectural review board may be called by the chairman or by two (2) members upon written request to the secretary. The secretary shall mail to all members of the architectural review board, at least five (5) days in advance of a special meeting, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice.

c.

For the conduct of any meeting and the taking of any action, a quorum shall be not less than a majority of the current members of the architectural review board.

d.

The architectural review board may make, alter, or rescind rules and forms for its procedures, consistent with the ordinances of the city and the general laws of the Commonwealth of Virginia.

e.

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

f.

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

g.

Notwithstanding the provisions of this section, the architectural review board may perform other duties under the authority of the zoning ordinance and as may be designated by the city council.

(Ord. No. 2018-Z-4, 10-9-2018)