Occoquan City Zoning Code
OLD AND
HISTORIC OCCOQUAN DISTRICT
§ 157.175 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The Architectural Review Board.
(1998 Code, § 66-220) (Ord. passed 9-5-2017)
§ 157.176 CREATION OF BOUNDARIES.
In order to preserve the unique cultural heritage represented by the original section of the town, there is established in the town a district to be known as the “Old and Historic Occoquan District”. The boundaries of this district are shown on the Official Zoning Map of the town as an overlay district.
(1998 Code, § 66-221) (Ord. passed 9-5-2017)
§ 157.177 CERTIFICATE OF APPROPRIATENESS REQUIRED TO ERECT, RECONSTRUCT, ALTER, RESTORE, OR RAZE A BUILDING.
In order to promote the general welfare, through the preservation and protection of historic places and areas of historic interest, no building listed in this section and titled “Historic Occoquan Landmarks” may be demolished, in whole or in part, nor may any architectural features of such buildings, which are subject to public view from a public street, be altered, without prior application to the Board created in §§ 33.45 through 33.50 of this code. Neither shall any building or structure be erected, reconstructed, altered, or restored within the Old and Historic Occoquan District, unless an application for a certificate of appropriateness shall have been approved by the Board. Review of such application by the Board will include analysis of external architectural features, including signs, which are subject to public view from a public street, way, or place.
Historic Occoquan Landmarks
| |
Street | Number |
Commerce Street | 202, 204, 205, 206, 208, 209, 303, 304, 306, 308, 309, 310, 312 |
Mill Street | 206, 301, 302, 304, 306, 308, 309, 314, 400-402, 404, 406, 413, 440 |
Union Street | 201, 202, 203, 204, 205, 206 |
Washington Street | 202, 203, 205, 206, 207, 209 |
(1998 Code, § 66-222) (Ord. passed 9-5-2017)
§ 157.178 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS.
Application for a certificate of appropriateness shall be made through the Town Clerk for any modifications described in § 157.179 within the boundaries of the Old and Historic Occoquan District.
(1998 Code, § 66-223) (Ord. passed 9-5-2017)
§ 157.179 MATTERS TO BE CONSIDERED BY THE BOARD.
(A) The Board shall not consider interior arrangement, relative size of the building or structure, detailed design, or features not subject to any public view. The Board shall not make any requirements, except for the purpose of preventing developments obviously incongruous to the old and historic aspect of the surroundings.
(B) The Board shall consider the following in passing upon the appropriateness of architectural features:
(1) Exterior architectural features, including all signs that are subject to public view from a public street, way, or place;
(2) General design and arrangement;
(3) Texture, material, and color;
(4) The relation of the factors in division (B)(1) through (B)(3) above, to similar features of the buildings and structures in the immediate surroundings;
(5) The extent to which the building or structure would be in harmony with the old and historic aspect of the surroundings;
(6) In the case of a building to be razed, a primary consideration will be the extent to which its continued existence would tend to protect irreplaceable historic places and preserve the general historic atmosphere of the town; and
(7) The extent to which the building or structure will promote the general welfare by:
(a) Preserving and protecting historic places and areas;
(b) Maintaining and increasing real estate value;
(c) Generating business;
(d) Creating new positions;
(e) Attracting tourists, students, writers, historians, artists and artisans, and new residents;
(f) Encouraging study of and interest in American history;
(g) Stimulating interest in and study of architecture and design;
(h) Educating citizens in American culture and heritage; and
(i) Making the town a more attractive and desirable place in which to live.
(1998 Code, § 66-224) (Ord. passed 9-5-2017)
§ 157.180 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS.
Approval by the Board will be incorporated into certificates of appropriateness. Immediately upon approval by the Board of any application to erect, reconstruct, alter, restore, or raze a building, a certificate of appropriateness, signed by the Chairperson of the Board and bearing the date of issuance, shall be made available to the applicant. The Zoning Administrator shall refuse to honor any request for a zoning certificate without such certificate of appropriateness, but a certificate of appropriateness will in no way affect the requirement to comply with the other provisions necessary to obtain a zoning certificate.
(1998 Code, § 66-225) (Ord. passed 9-5-2017)
§ 157.181 RIGHT OF APPEAL.
(A) Whenever the Board shall deny an application for a certificate of appropriateness, it shall be done in writing.
(B) Any person shall have the right to appeal and be heard before the Town Council provided the person files, with the Zoning Administrator, on or before 14 days after the decision of the Board, a written notice of intention to appeal.
(C) Upon receipt of such notice, the Zoning Administrator shall schedule a public hearing before the Town Council, at a time not more than 30 days after the receipt of such notice of appeal.
(D) Such hearing shall be advertised in accordance with VA Code § 15.2-2204.
(1998 Code, § 66-226) (Ord. passed 9-5-2017)
§ 157.182 APPEAL TO CIRCUIT COURT.
Any person, following the final decision of the Town Council on an appeal of a denial of an application for a certificate of appropriateness, shall have the right to file a petition for appeal to the Circuit Court. Such petition must be filed within 30 days after the final decision is rendered by the Town Council and must otherwise comply with the requirements of VA Code § 15.2-2306.A.3.
(1998 Code, § 66-227) (Ord. passed 9-5-2017)