A zoning overlay district, the Historic Winchester District—(HW) is hereby established. The boundaries of this district are delineated upon the City of Winchester, Virginia Zoning Map.

(Ord. No. 2023-36, 6-25-2024)

For clarification and better understanding of this Article, the following terms are defined:

14-2-1

Exterior Architectural Appearance shall mean the architectural character, style, design, or general arrangement, such as height, mass, and scale, of the exterior of a structure; general composition, including the kind, color, and texture of the building material; and type and character of all windows, ornamentation, doors, light fixtures, signs, and appurtenant elements, subject to public view from a public street, public way, or other public places.

14-2-2

Structure shall mean walls, fences, signs, light fixtures, steps, ornamentation, decorative fixtures, or appurtenant elements thereof.

14-2-3

Substantial Conformity shall mean to conform with the purpose and intent of any Certificate of Appropriateness approval.

14-2-4

Substantially Similar shall mean that any alteration to the Exterior Architectural Appearance of a structure or any request subject to approval by a Certificate of Appropriateness shall be like in kind and does not change the historical elements or character thereof.

(Ord. No. 2023-36, 6-25-2024)

14-3-1

Except as provided for in Section 14-5 of this Article, no Exterior Architectural Appearance of a building or structure within the Historic Winchester District shall be erected, reconstructed, structurally altered, restored, or demolished, unless and until a complete application for a Certificate of Appropriateness shall have been submitted and subsequently approved by the Board of Architectural Review in accordance with Sections 14-6 and 14-7.

14-3-2

No building or structure which existed in an area of the City that has since been designated within the Historic Winchester District 75 years ago or prior thereto shall be demolished or removed in whole or in part, except for additions to the building which are less than 75 years old, unless and until a complete application for a Certificate of Appropriateness shall have been submitted and subsequently approved by the Board of Architectural Review. No such application shall be considered by the review board until a public hearing has been held per Section 23-7-1 of this Ordinance. Every such application shall be accompanied by a filing fee as per Section 23-8 of this Ordinance.

14-3-3

Evidence of such required approval shall be a Certificate of Appropriateness issued by either the Zoning Administrator as specified in Section 14-5 or the Board of Architectural Review.

14-3-4

Application for a Certificate of Appropriateness required by Sections 14-3-1 and 14-3-2 shall be made to the Zoning Administrator or their designee. Hereafter, any reference to the Zoning Administrator or Administrator, shall also mean to include the Administrator's designee. The Administrator's designee shall be an individual qualified to review Certificates of Appropriateness within the department of the Administrator.

14-3-5

The provisions of this Article shall not apply to any building or structure which is owned by the City of Winchester or the County of Frederick in the block bounded by Cameron Street, Rouss Avenue, The Loudoun Street Mall, and Boscawen Street.

(Ord. No. 2023-36, 6-25-2024)

14-4-1

A Board of Architectural Review is hereby established and shall be known as the Board of Architectural Review, hereafter referred to as the Board. The Board shall consist of seven voting members of whom shall be appointed by City Council. All members must be residents of the City of Winchester. One should be a registered architect or design professional, one should be a licensed real estate agent, one or more should own property or reside in the Historic District, one should have background in construction, and one or more may be from backgrounds in architectural history, history, planning, real estate, or archaeology. All members should possess knowledge of and demonstrate interest in preservation of the historic character of Winchester. These members shall serve a term of four years each. No member shall serve more than two consecutive terms. Any vacancy on the Board shall be filled as soon as practically possible after that vacancy has occurred.

14-4-2

With the exception of its secretary, the Board shall elect from its own membership a chair and vice-chair, who shall serve annual terms as such and may succeed themselves. The Board may elect as its secretary either one of its members or a qualified individual who is not a member of the Board. A secretary who is not a member of the Board shall not be entitled to vote on matters before the Board.

14-4-3

The chair shall conduct the meetings of the Board. The secretary shall keep the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and determinations. All members of the Board shall be entitled to vote, and the decisions of the Board shall be determined by a majority vote. A quorum of a majority of the active voting members, excluding vacant Board seats, is required before the Board may take any official action. The Board shall meet after notification by the Administrator of an application for a Certificate of Appropriateness or permit requiring action by the Board. The meetings of the Board shall be open to the public, and a full and impartial hearing which allows any interested person or group to speak, shall be granted. The Board shall vote and announce its decision on any matter properly before it at or after the hearing of the matter, but no later than 60 days after the conclusion of the hearing on the matter, unless the time is extended with the consent of the applicant.

14-4-4

The Board shall not reconsider any decision made by it, except in cases where the Board provides recommendations with its denial in accordance with Section 14-4-4 and the applicant appears within ninety (90) days of the denial with their application amended as recommended by the Board. Nor shall the Board hear any application which has been denied for a period of one year, except in accordance with this Section. In the case of disapproval of the construction, reconstruction, alteration, restoration, or demolition of a building or structure, the Board shall state its reasons for disapproval, and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, color, location, and the like of a building or structure involved. In case of disapproval accompanied by recommendations from the Board, the Board may reconsider the denial, if, within ninety (90) days, the applicant comes before the Board with their application so amended that it complies with the recommendations of the Board.

14-4-5

In case of disapproval of the demolition of a building which existed in the Historic District 75 years ago or prior thereto, the Board shall state its reasons in a motion as documented by the Board's secretary.

14-4-6

The Board, when requested by the applications for a building permit in the Historic District, shall advise as to the changes and alterations necessary to bring the proposed building or structure in harmony with the general design of the buildings or structures located in the surrounding area.

14-4-7

In matters governing the procedure for meetings not covered by this Article, the Board may establish its own rules in the form of bylaws; provided they are not contrary to the spirit of this Article.

(Ord. No. 2023-36, 6-25-2024)

14-5-1

Notwithstanding any contrary provision of this Article, the Administrator may review, approve, or deny applications for Certificates of Appropriateness in the following situations:

14-5-1.1

Exterior alterations that have been approved for tax credit under either the federal rehabilitation tax credit program or the similar Virginia state tax credit program, as further defined in Section 14-14-3 of this Article, subject to the following being provided: a Part 2 approval letter from the authority responsible for the tax credit program and the scope of work documents reviewed as part of the Part 2 approval;

14-5-1.2

The repainting of an existing building or structure in a different color, provided that the color(s) selected are based upon an approved historic color palette designated within the Historic District Design Guidelines by the Board of Architectural Review;

14-5-1.3

The addition or deletion of awnings, canopies, storm windows, storm doors, gutters, and similar appurtenances;

14-5-1.4

The addition, alteration, or removal of any sign(s) where such sign(s) are the sole subject of the application, or where all other improvements comprising part of the application are subject to administrative review under this Section;

14-5-1.5

Structural changes to a building or structure which do not require issuance of a building permit under the Uniform Statewide Building Code except for the following, which must be reviewed by the Board: replacement of roof coverings, installation or replacement of siding on any buildings or structures, and replacement of windows and doors on any buildings or structures.

14-5-1.6

Furniture, fixtures, planters, umbrellas, fencing, and any other elements of outdoor dining areas that comply with the Old Town Winchester Outdoor Dining Guidelines as adopted by the Board.

14-5-1.7

Vending apparatuses permitted for outside vendors permitted in accordance with Section 18-7-5.

14-5-1.8

Fencing, walls, and enclosures that meet Historic District Design Guidelines, except that masonry walls and masonry columns or piers as part of a fence and/or wall may be referred for review by the Board at the Administrator's discretion.

14-5-1.9

Replacement of Substantially Similar materials for items excluded from review in Section 14-5-1.5.

14-5-2

In reviewing an application for a Certificate of Appropriateness, the Administrator shall apply the same Historic Winchester District Design Guidelines that the Board must use in its review process.

14-5-3

Failure of the Administrator to approve or disapprove an application within ten working days from the date the complete application was submitted shall immediately cause the application to be placed on the agenda for the next regularly scheduled meeting of the Board.

14-5-4

Upon approval of an application, the Administrator shall issue the approved certificate. If the application is denied, the Administrator shall mail or hand-deliver written notice of this decision to the applicant, which notice shall set forth the specific reasons for the denial, with reference to specific ordinances, laws, or regulations. The Administrator shall inform the Board of his or her administrative decisions at the next regularly scheduled meeting following the date of such decisions.

14-5-6

Following a decision of the Administrator upon an application, the applicant, or any other aggrieved party, shall have ten working days from the date of the decision to appeal that decision to the Board.

14-5-7

The Board, in considering applications for appeal of a decision of the Administrator, the Board shall review the application as if the application is before the Board for the first time. In hearing an appeal, the Board may consider any information or opinions relevant to the application, including, but not limited to, those provided by the Administrator.

(Ord. No. 2023-36, 6-25-2024)

14-6-1

The Board shall not approve a Certificate of Appropriateness unless the applicant's proposals are architecturally compatible with the character of the Historic District. The Board shall base its decision on whether the proposed action conforms to the criteria set forth by the Secretary of Interior's Standards for Rehabilitation, the Historic Winchester District Design Guidelines, and Old Town Winchester Outdoor Dining Guidelines, where applicable. The Board also shall consider:

14-6-1.1

The historical or architectural value and significance of the building or structure and its relationship to or congruity with the historic value of the land, place, and area in the district upon which it is proposed to be located, constructed, reconstructed, altered, or restored.

14-6-1.2

The appropriateness of the Exterior Architectural Appearance of such building or structure to such land, place, or area and its relationship to or congruity with the Exterior Architectural Appearance of other land, places, areas, buildings, or structures in the district and environs.

14-6-2

Before a Certificate of Appropriateness is issued for the demolition of a building or structure which existed in the Historic District 75 years ago or prior thereto, the Board shall consider, among other things:

14-6-2.1

Is the building of such architectural or historic interest that its removal or disturbance would be to the detriment of the public interest?

14-6-2.2

Is the building of such interest or significance that it could be made into a national, state, or local historic shrine?

14-6-2.3

Is the building of such old and unusual or uncommon design, texture, and/or material that it could not be reproduced or be reproduced only with great difficulty and/or expense?

14-6-2.4

Would retention of the building help preserve the historic character of the district?

14-6-2.5

Would retention of the building help preserve a historic interest in a place or an area of the City?

14-6-2.6

Would retention of the building promote the general welfare by maintaining the increasing real estate values; generating business; creating new positions; attracting tourists, students, writers, historians, artists, and artisans; attracting new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; and making the City a more attractive and desirable place in which to live?

14-6-3

The Board shall not consider detailed designs, interior arrangements, or features of a building or structure 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 circumstances which will be incongruous to the preservation and protection of the historic aspects, settings, and environment of the district.

(Ord. No. 2023-36, 6-25-2024)

14-7-1

Design guidelines. The Board may establish design guidelines as supplemental criteria to the criteria in Section 14-6 to aid in their review and consideration of Certificates of Appropriateness, as well as to provide guidance to owners of property in the Historic Winchester District and contractors regarding alterations to historic properties.

14-7-1.a

The design guidelines shall not supersede Section 14-6 of this Article, nor establish or impose any architectural style.

14-7-2

Amendments to design guidelines. The Historic Winchester District Design Guidelines and Old Town Winchester Outdoor Dining Guidelines may be amended, as determined by the Board, with recommendations from Staff to reflect sound historic preservation standards and design practices and to conform with the Secretary of Interior's Standards for Rehabilitation.

14-7-2.a

Amendment process. The Board may amend its design guidelines at any regular meeting as an item of new business by a majority vote. Prior to the adoption of any updates to design guidelines, a public hearing must be held in accordance with Section 23-7-1 of this Ordinance. An ordinance is not required to update design guidelines.

(Ord. No. 2023-36, 6-25-2024)

14-8-1

Issuance. Immediately upon approval by the Board of any construction, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness; signed by the Administrator and bearing the date of issuance, and stating the expiration date of the certificate as outlined in Section 14-8-2, shall be mailed or hand-delivered to the applicant.

14-8-2

Expiration. Any Certificate of Appropriateness issued pursuant to Sections 14-3-1 and 14-3-2 of this Article shall expire of its own limitations 12 months from the date of issuance if the work authorized by the certificate has not commenced; including, if any such work is suspended or abandoned for a period of 12 months after being commenced. Any period or periods of time during which the right to use any such certificate is stayed pursuant to this Article shall be excluded from the computation of the 12-month period.

14-8-3

Extension of Approvals. A Certificate of Appropriateness approval may be extended by the Administrator for an additional twelve-month (12) period for good cause shown, provided that the scope of work in the extension of approval request is unchanged. This excludes approvals to demolish structures older than 75 years of age or requests that require a public hearing per Section 23-7-1 of this Ordinance.

14-8-3.a

Application for extension of approval. Request for extensions of approval must be made by an application completed and submitted to the Administrator no later than six months after the Certificate of Appropriateness expiration date. For instances where the request for extension is after the six month period or where the scope of work in the request expands beyond the original approval, then the request shall require a new application and review and approval by the Board.

(Ord. No. 2023-36, 6-25-2024)

14-9-1

Appeals from Board of Architectural Review to Council

14-9-1.1

Any final decision of the Board may be appealed to Council, subject to the following:

a.

A petition must be filed with the Clerk of Council setting forth the basis for the appeal;

b.

The petition must be signed by the applicant or at least 25 owners of real estate within the Historic Winchester District, as applicable. Only one signature per property shall be accounted for and no duplicative signatures shall appear on the petition;

c.

The petition must be filed within 30 days of the Board's decision at issue;

d.

A public hearing on the appeal shall be scheduled at a meeting of Council within 60 days of the filing of the petition, and Council shall not vote on the appeal until such public hearing is held;

e.

Each petition shall be accompanied by the filing fee set forth in Section 23-8 of this Ordinance; and

f.

Upon filing of the petition, the Board's final decision shall be stayed pending Council's vote on the appeal, except the filing of such petition shall not stay the decision of the Board if such decision denies the right to raze or demolish a building which existed in the Historic Winchester District 75 years of age or prior thereto.

14-9-1.2

The Board shall make a formal recommendation to Council regarding the appeal at or before the public hearing on the appeal. The same standards as are established for the Board, shall be applied by the Council in rendering its decision on the appeal. The Council may affirm, reverse, or modify the decision of the Board, in whole or in part. The decision of the Council, subject to the provisions of Section 14-9-2, shall be final. No Certificate of Appropriateness shall be issued for 30 days following the decision of the Council, so that any appeals may be filed.

14-9-2

Appeals from Council to Circuit Court.

14-9-2.1

The applicant or petitioners aggrieved by a final decision of the Council may appeal such decision to the Circuit Court for the City of Winchester, subject to the following:

a.

A petition at law must be filed with the Court setting forth the basis for the appeal and the alleged illegality of Council's actions;

b.

The petition must be signed by the applicant or at least 25 owners of real estate within the Historic Winchester District, as applicable. Only one signature per property may be accounted for on the petition;

c.

The petition must be filed within 30 days of Council's decision; and

d.

Upon filing of the petition, Council's decision shall be stayed pending the Court's ruling on the appeal, except the filing of such petition shall not stay the decision of Council if such decision denies the right to raze or demolish a building which existed in the Historic Winchester District 75 years of age or prior thereto.

(Ord. No. 2023-36, 6-25-2024)

In addition to the right of appeal, the owner of a building or structure, the demolition of which is subject to the provisions of this Article, shall, as a matter of right, be entitled to demolish such building or structure provide that the owner follows the procedures required by § 15.2-2306 of the Code of Virginia, as amended.

(Ord. No. 2023-36, 6-25-2024)

14-11-1

Notice. Before making a bona fide offer to sell, provided for in accordance with Section 14-10, an owner shall first file a statement with the Administrator. The statement shall identify the property, state the offering price, the date the offer of sale is to begin, and the name of the real estate agent, if any. No time period set forth in the schedule contained in Section 14-10 shall begin to run until the statement has been filed. Within five days of receipt of a statement, copies of the statement shall be delivered to the Council, Planning Commission, and City Manager.

14-11-2

Question as to price. The fact that an offer to sell a building or structure and the land pertaining thereto is at a price reasonably related to fair market value may be questioned; provided, there is filed with the Administrator, on or before 15 days after the offer for sale has begun, a petition in writing signed by at least 20 owners of real estate within the Historic Winchester District, with only one owner per property being authorized to sign. Upon receipt of such a petition, three disinterested real estate appraisers, familiar with property values in the Historic Winchester District, shall be appointed: one by the Board, one by the property owner, and one by both the Board and the property owner. The cost of the appraisals shall be divided equally between the property owner and the City. The appraisers shall make an appraisal of the building or structure and the land pertaining thereto in question and file a written report with the Administrator as to whether or not, in their opinion, the offer to sell the building or structure and the land pertaining thereto is at a price reasonably related to its fair market value. In the event the opinion is to the effect that the offer to sell the building or structure and the land pertaining thereto is not at a price reasonably related to its fair market value, the offer to sell shall be void and of no force and effect; and the owner, if he wishes to take advantage of the additional or concurrent right provided for in Section 14-10, must file the notice provided for in Subsection 14-11-1 above and proceed with Section 14-10. Notwithstanding an adverse opinion by the appraisers, if an owner has entered into a binding bona fide contract as provided for in Section 14-10 prior to the date the appraisers have filed their report with the Administrator, the price shall be deemed reasonably related to fair market value.

(Ord. No. 2023-36, 6-25-2024)

Due to peculiar conditions of design and construction in historic neighborhoods where buildings and structures are often built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by granting variances to normal yard requirements. Where it is deemed that such a variance will not adversely affect neighboring properties, the Board may recommend to the Board of Zoning Appeals that such variance to standard yard requirements be made.

(Ord. No. 2023-36, 6-25-2024)

Nothing in this Article shall be construed to prevent any use of any land, building, or structure in the district permitted by the regulations prescribed in this Ordinance for the district in which such land, building, or structure is otherwise located.

(Ord. No. 2023-36, 6-25-2024)

14-14-1

Nothing in this Article shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure described in this Article so long as there is no change in the form or materials.

14-14-2

Nothing in this Article shall prevent the construction, reconstruction, alteration, restoration, or demolition, without approval of the Board, of any building or structure which is in such unsafe condition that the building or structure would endanger life or property as determined in accordance with the provisions of the Uniform Statewide Building Code.

14-14-3

Nothing in this Article shall prevent the construction, reconstruction, alteration, restoration, or demolition, without approval of the Board, of any building or structure which has otherwise received approval through separate application for Historic Preservation Certification to the Virginia Department of Historic Resources or the United States Department of the Interior. Exclusion is limited to those specific changes as identified and approved in such application, a copy of which shall be provided to the Administrator.

(Ord. No. 2023-36, 6-25-2024)

It shall be the continuing duty of the Board to investigate and delineate buildings, structures, places, and areas in the City having historic interest or value which should be preserved and protected in the execution and attainment of the purposes and objectives declared in this Article, and to report thereon from time to time to the Council for consideration as to whether they or any of them shall be set apart for preservation and protection under the provisions of this Article.

14-15-1

In addition to the provisions of Article 22 of this Ordinance, the Board may initiate, by adoption of a resolution, an amendment to the Ordinance to rezone property to the Historic Winchester District (HW). Prior to acting on a resolution, the Board shall hold a public hearing. Such public hearing shall be advertised in a newspaper in the City once a week for two consecutive weeks.

14-15-2

One or more Historic Districts may be designated provided that such districts conform to the definition of Historic Areas set forth in § 15.2-2201 of the Code of Virginia, as amended, and that any such Districts meets one or more of the following criteria:

a.

It is associated with a particular person, event, activity, or institution of local, state, or national historical significance.

b.

It contains buildings whose exterior design or features exemplify the distinctive design characteristics of one or more historic periods, styles, materials, or construction methods, or exemplify the work of an acknowledged master or masters.

c.

It contains qualities and/or artifacts which significantly contribute to present-day knowledge and understanding of lifestyles, activities, events, or experiences of a previous era.

d.

Its unique location or physical characteristics represents an established and familiar pattern or unique visual feature of the City.

(Ord. No. 2023-36, 6-25-2024)

14-16-1

The Board, at its discretion, may award historical markers for buildings of historical significance to display the marker thereon. Buildings receiving such markers should have architectural and/or historic interest to justify consideration. The exterior of the building should not have been substantially altered or reconstructed so as to no longer constitute an early building. This marker is not a designation into the national landmark registration, instead is only a local designation. The Board shall be responsible to design an appropriate marker, bearing the seal of the City and the words "Historic Building".

14-16-2

The Board will consider all requests for markers using the following standards:

a.

Classification standards of building: Architectural significance, date of construction, architectural style, method of construction.

b.

Current building inventory characteristics: Appropriateness of restoration, grounds, contribution to streetscape.

c.

Existing condition of building: present condition, appropriateness of past alterations.

d.

Historic/Architectural presence in the community: present condition, appropriateness of past alterations.

14-16-3

Application Procedure.

a.

Application for request of a Historic Building Marker must be made to the Administrator by a certificate of appropriateness application.

b.

The Board must review and approve all new and/or replacement marker requests, prior to the issuance of approval.

14-6-4

Granting of Markers. Marker approvals shall be granted by the Board at their next regularly scheduled meeting after which the application was made.

14-6-5

Ordering and Installation of Markers. The applicant requesting said marker(s) shall be responsible for the ordering, payment, shipping, and installation of marker(s); and the processing of returning damaged marker(s). Neither the City nor the Board, nor any agent of the City shall be responsible for any of the forementioned duties.

(Ord. No. 2023-36, 6-25-2024)