ORDINANCE TO THE ESTABLISHMENT OF AN

ARCHITECTURAL REVIEW BOARD AND

 HISTORIC DISTRICTS

TOWN OF STRASBURG, VIRGINIA

MARCH 1989

REVISED

July 2004

ARTICLE I PURPOSE AND INTENT OF THIS ORDINANCE

1.1       Statement of Purpose

1.1.1        It is hereby recognized that the Town of Strasburg has an unique character and resources that are of great value to the community and that the deterioration, destruction or irrevocable alteration of buildings, structures and landscapes may cause the permanent loss of these resources and that special controls, regulations and incentives are needed to ensure that such losses are avoided whenever possible.

1.1.2        The purposes of this Historic Districts Ordinance are to:

1.1.2.1              Fulfill the Town’s goal of protecting the Historic Districts by promoting the identification, recognition, preservation and enhancement of buildings, structures, and neighborhoods and landscapes having special historical, cultural, social, economic, political, spiritual, artistic, architectural or archaeological significance as provided by Section 15.2-2306 of the Code of Virginia, as amended, as well as individual buildings and structures both for their value as community resources and because of their contributions to the Town’s unique character.

1.1.2.2              Sustain the beauty and appeal of Town of Strasburg.

1.1.2.3              Retain the basis of our heritage and foster pride in the Town’s past by educating residents and tourists on local cultural and historic heritage.

1.1.2.4              Protect and enhance the Town’s attractions to tourists and visitors, thereby supporting and stimulating business and industry.

1.1.2.5              Increase property values by encouraging upkeep and rehabilitation of significant older structures. 

1.1.2.6              Encourage land use planning and development enhancing the economic viability and historic character of the Historic Districts.

1.1.2.7              Foster harmony of appearance between buildings or structures of historic design and those of more modern design.

1.1.2.8              Incorporate historic preservation into the permit review process of the Town of Strasburg.

1.1.2.9 Provide a process for the selection of additional historic districts and individual landmarks.

2          ARTICLE II – THIS ORDINANCE WILL REQUIRE AN ARCHITECTURAL REVIEW BOARD

2.1       Establishment of an Architectural Review Board (ARB)

For the general purposes of this Article and to preserve and protect historic buildings and structures in the Town through the review and delay of demolition of such places and through the regulation of architectural design and uses of buildings and structures in such areas, there is hereby created a board to be known as the Architectural Review Board (ARB).

2.2       Membership

2.2.1        ARB Composition and Terms

2.2.1.1              The ARB is to be composed of not fewer than five (5) nor more than nine (9) members. 

2.2.1.2              Members shall be appointed by majority vote of the Town Council.

2.2.1.3              Appointments shall be for staggered three-year terms with the right of reappointment by the Town Council.

2.2.1.4              Vacancies shall be filled within sixty (60) days of the expiration of the prior term.  Members may serve until successors are appointed.

2.2.1.5              The term of any member of the Planning Commission appointed to the ARB shall be concurrent with his/her appointment to the Commission.

2.2.2        Officers

The ARB shall elect a chairman and vice-chairman from its membership, each of whom shall serve three-year terms.  A non-member secretary shall be appointed to serve as staff assistant to the Board.  The town planner shall be staff to the ARB.

2.2.3        Qualifications

The members and their professional disciplines shall reflect the requirements of the Virginia Department of Historic Resources.  Members shall be residents of Town of Strasburg and include at least one person qualified in architecture, architectural history, planning or archeology; at least one person residing in the Historic Districts; at least one person operating a business within the Historic Districts; residents of Town of Strasburg who have demonstrated a knowledge of the historic character of the Town, an interest in the welfare of Town of Strasburg and a commitment to the preservation of the Town’s cultural and architectural heritage. 

2.2.4        Training

Members shall make reasonable efforts to annually attend at least one training session sponsored by the Department of Historic Resources, APVA  Preservation Virginia, National Council of Historic District Commissions or other organizations involved with historic preservation issues, designs and review standards.

2.2.5        Conflict of Interest

Members shall be subject to the Virginia Conflict of Interests Act.

2.2.6        Removal

If any member does not attend at least fifty percent (50%) of all regular meetings during a calendar year or if the member is absent without good cause for two (2) consecutive meetings, that member’s position shall be deemed vacant.

2.2.7       Compensation

Members may receive compensation, as determined by the Town Council.

2.3       Meetings

2.3.1        The chairman shall conduct meetings of the ARB.  In the absence of the Chairman, the Vice Chairman shall preside. 

2.3.2        The Secretary shall maintain permanent records of all meetings, resolutions, transactions, decisions and applications brought before the ARB.   These documents, although the property of the Town, shall be available for public review.

2.3.3        All members are entitled to vote.  Decisions are determined by a majority of those members present and voting. 

2.3.4        For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all voting members of the ARB.

2.3.5        The ARB shall have regularly scheduled monthly meetings. 

2.3.6        Meetings of the ARB are open to the public and shall be advertised in accordance with Town policy

2.3.7        The Chairman or Vice Chairman is empowered to call special meetings. 

2.3.8        In matters covering procedures not covered by this Ordinance, the ARB will establish its own bylaws approved by the Town Council.

2.4       Responsibilities

Under the direction of the Town Council, the ARB shall have the responsibility and authority to:

2.4.1        Propose amendments to this Ordinance.  The Town Council shall, after appropriate public process, accept, reject or modify these amendments.

2.4.2        Issue or deny Certificates of Appropriateness (C of A) for construction, reconstruction, exterior alteration, demolition, relocation and signs within the Historic Districts or other areas designated by the Town Council.

2.4.3        Review and make recommendations on all applications for rezoning, special use permit, site development, subdivision and variance in the Historic Districts.

2.4.4        Review and make non-binding recommendations on all applications for rezoning, special use permit, site development, subdivision and variance abutting the Historic Districts

2.4.5        Conduct, or cause to be conducted, periodic surveys of historic resources according to guidelines established by the Virginia Department of Historic Resources.

2.4.6        Act in an advisory role to other officials and departments of the Town regarding protection of local historic resources.

2.4.7        Request and receive any appropriate information, cooperation, assistance or studies from other Town agencies.

2.4.8        Disseminate information on historic preservation issues and concerns.

2.4.9        Coordinate local preservation efforts with those of local historic and preservation organizations, the Virginia Department of Historic Resources and other parties, both public and private;

2.4.10    Advise owners of historic properties on issues of preservation.

2.4.11    Make recommendations to the Town Council regarding authorization of markers to commemorate historic resources.

2.4.12    Seek federal, state or private grants or funding to assist in the performance of its duties.

2.4.13    Investigate and support heritage education and tourism activities as well as incentives programs.

2.4.14    Obtain services of qualified consultants and staff to advise and assist it within limits of funds made available.

2.4.15    Provide comment on all proposed National Register nominations within Town of Strasburg to the Virginia Department of Historic Resources.

2.4.16    Request modification of proposed actions to ensure compliance with standards and guidelines applicable to the Historic Districts.

2.4.17    Submit an annual report to the Town Council reviewing activities of the previous year and, upon request, disseminate these reports to other agencies responsible for historical preservation activities.

3          ARTICLE III – THE ORDINANCE WILL APPLY TO AN AREAS WITHIN TOWN OF STRASBURG CALLED THE HISTORIC DISTRICTS

3.1      Creation of Historic Districts (H-1 Districts)

3.1.1        The Historic Districts of Strasburg is hereby created as an overlay on the official zoning map under authority of Section 15.1-503.2 of the code of the State of Virginia as amended.  The first is to be known as the H-1 Historic District with boundaries as herein described and shown on the attached map representing portions of the state and national historic Districts established by the Virginia Department of Historic Resources and the U.S. National Register in 1984.

Beginning as a point A located on the north side of Stover Avenue at the Town boundary, thence north along the Town boundary to a point B at Cedar spring run, thence northeast parallel to the north side of Stover avenue to a point C 150’ west of the center line of capon Street, thence northeast 150’ west and parallel to the center line of Capon Street, to the line of the Norfolk Southern railroad at point D, thence southeast along the line of the Norfolk southern Railroad to a point E 150’ east of the center line of North Massanutten Street, thence south to a point F at the center line of Brown Street, thence west along the center line of Brown Street, 220’ to point G, thence north parallel to Massanutten Street to point h 220’ south of the center line of King Street, thence west parallel and 220’ south of King Street center line, to point I 300’ east of center line of south Holliday street, thence south parallel to the center line of Holliday Street to point J at 1984 Town line at Ram Drive, thence northwest 1984 Town line to point K at center line of south Fort Street, thence north to point L 130’ west of center line of intersection of Fort and high Streets, thence west along center line of High Street and the center line of extended to point M 250’ southeast of the south side of Stover Avenue, thence southwest parallel to Stover Avenue to Town limits at point N, thence northwest to point A at north side of Stover Avenue and Town limits.

The second is to be known as the H-2 Historic District.  As established by the Strasburg Town Council in 2004 this district includes three properties defined by their tax map references: 025 ((A)) 004, 025 ((A)) 004A, 025 ((A)) 001B

3.2       Designation of Historic Districts and Landmarks

3.2.1     Upon recommendation of the ARB, reviewed by the Planning Commission and adoption by the Town Council, the Historic Districts may be enlarged and new historic districts and individual landmarks established pursuant to Section 15.1-503.2 of the Code of Virginia as amended.

The ARB may base its recommendation on an application made by owner(s) of the property to be designated, their authorized agents or any organization with a recognized interest in historic preservation.  When the owner has not made the application, he shall be given written notification by the Planning and Zoning Administrator (P&ZA). 

3.2.2        Individual property owners’ consent for inclusion of their property within the Historic Districts is not required.

3.3       General Considerations of the Historic Districts

3.3.1        The Historic Districts shall be in addition to the underlying zoning shown on the official zoning map and shall be applied so as to overlay on such zoning Districts.  General regulations shall be the same as provided within the underlying zoning Districts except where such regulations are modified or amended by this Ordinance.  In such instances, the provisions of this Ordinance shall take precedence.

3.3.2        Any rezoning, special use permit, site development, subdivision or variance permitted in the underlying zoning Districts in which the building or structure is located is subject to the procedures and standards of this Ordinance for approval as described in Section 6.4, Policies and Procedures.

3.3.3        Except as noted in Section 3.3.1, nothing in this Ordinance shall be construed to prevent the application of the building code or other laws and ordinances of the Town of Strasburg that are applicable thereto.

4          ARTICLE IV – WHEN THIS ORDINANCE WILL AFFECT A LAND OWNER OF THE HISTORIC DISTRICTS

4.1       When a Certificate of Appropriateness (C&A) is Not Required

4.1.1        The ARB shall not consider interior arrangements or features or structural details not subject to public view from any public street or right-of-way. 

4.1.2        Nothing in this Ordinance shall prevent the ordinary maintenance or repair of exterior elements of buildings or structures or prevent ordinary yard maintenance and landscaping of premises and sites.  The P&ZA shall determine what constitutes ordinary maintenance, repair or landscaping.

4.2       When a Certificate of Appropriateness (C&A) is Required

4.2.1        No exterior portion of any building or structure or outdoor sign shall be erected, altered, restored, moved or demolished within the Historic Districts nor shall a permit authorizing such action be granted until a C&A has been approved by the ARB except as specified elsewhere in this document.

4.2.2        A C&A must be approved by the ARB for the following actions and any other actions not specifically exempted by the terms of this Ordinance:

4.2.2.1              Razing, demolishing or moving of a building or structure.

4.2.2.2              Construction of a new building or structure.

4.2.2.3              Any addition to, or substantial alteration of, a building or structure that changes its size, height, contour or outline.

4.2.2.4              Any alteration of the exterior architectural style of a building or structure including removal, replacement or rebuilding of porches, roof lines, trim detail.

4.2.2.5              Erection, replacement, rebuilding or removal of a sign or its associated illumination.

4.2.2.6              Changes in site features (such as out-buildings, walls, fences, patios, decks, garages and other accessory structures) when any part of the feature or result is visible from the public right-of-way or a public space.

4.2.2.7              Any other actions having a substantial effect on the character of the Historic Districts.

4.2.3        To the maximum extent allowed by law, this Ordinance shall apply to any building, structure or sign located in the Historic Districts on property owned and controlled by the Town, any public utility or other governmental entity.

5          ARTICLE V – WHAT A LAND OWNER MUST DO TO COMPLY WITH THIS ORDINANCE

5.1       Submitting Application for Certificate of Appropriateness

5.1.1        Prior to the submission of an application for a C&A, an owner is entitled to a conference with the Planning and Zoning Administrator (P&ZA).  The purpose is to inform the applicant about requirements of the review process, offer preliminary comments on the proposal and advise the applicant of options that may expedite the process. 

5.1.2        The ARB may require, as part of the application, whatever material it deems necessary, including any or all of the following:

5.1.2.1              Statement of proposed use.

5.1.2.2              Site plan drawings containing:

v     Location of existing and proposed buildings and structures

v     Existing topography and proposed grading,

v     Relationship to adjacent land uses,

v     Proposed site improvements, including location of parking, pedestrian access, fencing, building, structures and other appurtenant elements.

5.1.2.3              Architectural drawings showing plans and elevations of all portions of all buildings and structures with important relationships to public view.

5.1.2.4              Photographs and maps relating proposed use to the surrounding property.

5.1.2.5              Construction materials with indications as to nature, texture and color, design of doors and windows and relationships to adjoining structures.

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

5.1.2.7              In the case of a demolition request where structural integrity is at issue, the applicant shall provide a structural evaluation prepared by a qualified structural engineer and cost estimates for rehabilitation.  The ARB may waive the requirement for a structural evaluation and cost estimates in the case of an emergency or if it determines that the structure proposed for demolition is not historically significant. 

5.1.3        Since, the intent is not to impose undue financial burdens upon applicants, the P&ZA can determine the degree of sophistication required of drawings, plans, etc.

5.1.4        Requests for Certificates of Appropriateness shall be accepted only from the owner of record or their agent.

5.1.5        The ARB shall not act upon an incomplete application.  Incomplete applications shall be returned with a description of the information required to complete the submission. 

5.1.6        Applications shal1 be made on forms provided by the ARB and submitted at least 7 days before the scheduled meeting of the ARB at which applicant requests consideration.

6          ARTICLE VI – HOW THE TOWN WILL EVALUATE A LAND OWNER’S APPLICATION

6.1       Administrative Review

6.1.1        Certain actions deemed to result in only minor effects on the character of the Historic Districts may be approved by the Planning and Zoning Administrator (P&ZA) for any building or structure after submittal of a complete application.  The application shall be the same as for a Certificate or Appropriateness (C of A).

The P&ZA shall determine what constitutes such minor actions.  Examples include:

6.1.1.1              Application or use of exterior materials of a similar kind, type, color or texture to those already in use which will not result in the destruction or replacement of original exterior material. 

6.1.1.2              Minor additions, deletions or alterations to the building or structure which will not substantially change the architectural character of the building or structure or which are generally hidden from public view.

6.1.1.3              Construction of accessory buildings and structures generally in keeping with the character of the existing building or structure and its surroundings.

6.1.1.4              Outside storage which does not require structural changes or major grading and is not visible from a public street.

6.1.1.5              Replacement of windows, storm windows and doors that match existing windows, storm windows, and doors.

6.1.2        The P&ZA shall be guided in decisions by the standards and guidelines established for the ARB and shall have authority to request modifications of proposals in order that it may comply with these standards and guidelines.

6.1.3        In any case where the P&ZA is uncertain of his authority to act or in any case where the P&ZA and the applicant cannot agree on changes in the proposal, the application shall be referred to the ARB for action.

6.1.4        In case of disapproval by the P&ZA, the applicant may appeal the decision within thirty (30) days to the ARB.

6.1.5           The P&ZA shall keep a record of decisions made under this Article and report these decisions to the ARB at its next regular meeting.

6.2       Guidelines and Criteria Used by the ARB in Making Decisions

6.2.1        The ARB shall be guided in its decisions by

6.2.1.1              Standards and guidelines established in this Article, described in documents adopted by the Town of Strasburg (e.g., Historic Districts Design Guidelines), presented in the Secretary of the Interior’s Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings. 

6.2.1.2              The overall architectural design, form and style, including the height, mass and scale of buildings or structures; architectural details such as the design and style of decorative or functional fixtures; the design and arrangement of buildings and structures on the site; the texture, material and color of proposed buildings or structures.

6.2.1.3              The compatibility of proposed improvements and renovations with the historical, archaeological or architectural value, significance, quality, character and scale of existing buildings and structures in the Historic Districts.

6.2.1.4              The effect of the building or structure on the Comprehensive Plan’s goals for historic preservation, promoting tourism, economic development and residential land uses in and around the Historic Districts.

6.2.1.5              The view of the building or structure from a public street or road, present or future.

6.2.1.6              The probable effect of proposed construction on trees, wooded areas or historic sites. 

6.2.1.7              The ability of the owner to put the property to reasonable and beneficial use.

6.2.1.8              Any other factors, including aesthetic factors, the ARB deems pertinent.

6.2.2        The ARB should recognize that the Historic Districts presently have, and to an extent always have had, considerable diversity in its architecture.  Therefore, a variety of architectural detail should be allowed.

6.2.3        The ARB shall not be strict in its judgment of plans for buildings or structures of little historic or architectural value unless such plans would seriously impair the historic or architectural value of the Historic Districts.

6.2.4        The ARB shall disapprove an application only if it conflicts with the standards and guidelines in this Article.

6.3       ARB Decisions

6.3.1        The ARB shall render a decision at its public meeting unless time is extended by mutual agreement between the ARB and the applicant or unless the ARB seeks technical advice from outside its members.

6.3.2        Evidence of approval shall be a C of A issued by the ARB, signed by the chairman and attested by the secretary.

6.3.3        A letter containing the decision and reasons supporting it shall be sent to the applicant.

6.3.4        Whenever the ARB approves or disapproves any application, the applicant or any other person with justifiable cause, may appeal such decision to the Town Council in accordance with Article 9 -- Appeals.

6.4       Procedures and Policies

6.4.1        The ARB shall formulate, publish and keep current a statement of guidelines describing procedures, exhibits, visual displays and other data required for applications submitted to the ARB.  These statement of guidelines shall be subject to approval by the Town Council.

6.4.2        Direct notification of affected property owners.  Owners of property adjacent to the property containing the building, structure or location subject of an application for a C of A shall be notified of the prospective change and the meeting at which such change will be considered by the ARB.  This notice shall be made in accordance with Town policy for public meetings.

6.4.3        Whenever an applicant’s proposal requires the approval of other approving authorities, the following sequence of review shall apply:

6.4.3.1              Site Plan Approval: Final action by the ARB shall be taken prior to consideration of proposals requiring Planning Commission approval.

6.4.3.2              Preliminary Subdivision Approval: Plats shall be reviewed and commented upon by the ARB prior to approval by the Planning Commission.

6.4.4        The ARB may, in its discretion, issue a temporary hardship C of A only if all of the following requirements are met:

6.4.4.1              Strict application of this Article would produce undue hardship;

6.4.4.2              The proposed work would not be of such a permanent nature as to preclude future activity that would meet the requirements of this Article.

6.4.4.3              The temporary certificate does not allow the proposed work to exist for a period longer than two (2) years.

6.4.5        In the case of a proposal other than for demolition or relocation where the ARB or, on appeal, the Town Council cannot reach a satisfactory agreement with the owner and where the ARB or, on appeal, the Town Council, decides such action to be in the public interest and not in conflict with any provision of law, it may delay the effective date of an approval for a period of three months from the date of application or appeal to enable negotiations to be undertaken for acquisition of the property for preservation or public use.

Failure of negotiations within this period shall be equivalent to a denial of the application by the ARB or, on appeal, by the Town Council.

7          ARTICLE VII DEMOLISHING A BUILDING IN THE HISTORIC DISTRICTS – THE OWNER’S AND THE TOWN’S RESPONSIBILITIES

7.1       Minimum Maintenance Requirement (Demolition by Neglect)

7.1.1        All buildings and structures in the Historic Districts shall be preserved against decay and deterioration and maintained free from structural defects to the extent that such decay, deterioration or defects may result in the irreparable deterioration of any exterior appurtenance or architectural feature, or produce a detrimental effect upon the character of the Historic Districts as a whole or upon the life and character of the structure itself.

7.1.2        Such irreparable deterioration constitutes demolition by neglect.

7.1.3        Evidence of demolition by neglect includes, but is not limited to:

7.1.3.1              Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

7.1.3.2              Peeling of paint, rotting, holes, and other forms of decay;

7.1.3.3              Lack of maintenance of surrounding environment (e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping)

7.1.3.4              Deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition.

7.1.4        When the P&ZA determines that a building or structure in the Historic Districts is being demolished by neglect, that official shall notify the owner [by certified letter], the chairman of the ARB and the Mayor.  This notice shall state the facts surrounding the conclusion, and shall give the owner 30 days from the date of the notice to remedy the violations.  Thereafter, each day during which there exists any violation of this Article shall constitute a separate offense and shall be punishable as provided in Article 8, Enforcement of Ordinance. 

7.1.5        In the alternative, if the owner fails to act, the Town Council, after a recommendation from the ARB, may instruct the P&ZA, after due notice to the owner, to enter the property and make or cause to be made such repairs as are necessary to preserve the integrity and safety of the structure.  The reasonable costs thereof shall be placed as a lien against the property.

7.2       Requests for Movement or Demolition

7.2.1        No building or structure subject to the provisions of this Ordinance shall be moved or demolished unless a C of A has been issued by the ARB.

7.2.2        The ARB shall grant such a C of A unless it finds that:

7.2.2.1              The building or structure is of such historical, cultural, social, economic, political, spiritual, artistic, architectural or archaeological significance that its demolition or removal would be detrimental to the public interest, to the Historic Districts in whole or in part, or to the purposes of this Ordinance;

7.2.2.2              The building or structure is of such old and unusual or uncommon design, texture and material that it could not be reproduced or could be reproduced only with great difficulty;

7.2.2.3              The building or structure is of such significance that it would qualify as a national, state, or local historic landmark.

7.2.3        In addition, the ARB shall consider the following in determining whether or not to grant a C of A for

Moving or relocation:

7.2.3.1              Detrimental effects on the structural soundness of the building or structure.

7.2.3.2              Incompatibility of new surroundings with the historical and architectural aspects of the building or structure to be moved.

7.2.3.3              Relocation being the only feasible means of saving the building or structure from demolition or demolition by neglect.

Razing or demolition.

7.2.3.4              The significance of the buildings or structures as evaluated by the Virginia Historic Landmark Survey dated 1984; or similar subsequent surveys;

7.2.3.5              The ability of the owner to put his property to reasonable beneficial use.

7.2.3.6              Whether preservation is physically and/or economically infeasible.

7.3       Demolition Delay Period

7.3.1        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 raze or demolish such building or structure provided that:

7.3.1.1              They have complied with all local, state, and federal laws and regulations.

7.3.1.2              They have applied to the ARB for such right within the previous twelve months.

7.3.1.3              The owner has for twelve months made a bona fide offer to sell such building or structure and the land pertaining thereto.  The offer must be at a price reasonably related to its fair market value and require the purchaser to be a person, firm, corporation, government or other public entity giving reasonable assurance that it will preserve and restore the building or structure and the land pertaining thereto. 

v     Unless the owner and ARB agree upon the value, the fair market value shall be established by the owner and ARB both retaining an independent, qualified appraiser.  If the two appraisers cannot agree upon a fair market value, those appraisers shall choose a third qualified appraiser.  The three appraisers shall establish a median value.  This value shall be final and binding upon the owner and the ARB.

7.3.1.4              Before making a bona fide offer to sell, an owner shall first file a written statement with the Chairman of the ARB and publish said notice twice, not less than seven (7) days apart, in a daily newspaper of general circulation in the Town.  The statement shall identify the property and state: (1) the offering price; (2) the date the offer of sale is to begin; and (3) the name and address of the listing real estate agent, if any.  The statement shall also provide assurances that the building or structure shall be maintained in its existing condition until it is sold or the time period established below has expired. 

7.3.1.5              The twelve-month period shall not begin until such statement has been filed and the first of such notices published.

7.3.2        During the demolition delay period, the ARB may negotiate with the owner and with other parties in an effort to preserve, acquire or relocate the buildings or structures.  Negotiation steps may include, but shall not be limited to:

7.3.2.1              Consultations with civic groups, public agencies, and interested citizens.

7.3.2.2              Recommendations for acquisition of the building or structure by public or private bodies or agencies.

7.3.2.3              Exploration of the possibility of moving the building or structure.

7.3.2.4              Options to salvage significant elements of the building or structure.

7.4       Hazardous Buildings or Structures

Nothing in this Article shall prevent the razing or demolition of any building or structure without issuance of a C of A if it is in such an unsafe condition that it would endanger life or property.  However, such razing or demolition shall not be commenced without written approval of the Town Manager verifying the conditions necessitating such action.

8          ARTICLE VIII HOW THE TOWN WILL ENSURE LAND OWNERS FULFILL THEIR PROMISES UNDER THIS ORDINANCE

8.1       Authority to Enforce Ordinance

All actions affecting the enforcement of this Ordinance reside with the Strasburg Town Council.  The ARB has within its responsibilities the authority to recommend actions to the Council.  However, no action will be taken without explicit approval of the Town Council, or in an emergency, the Mayor acting for the Council.

8.2       After a Certificate of Appropriateness Has Been Issued

8.2.1        When a C of A has been issued, the P&ZA 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 the certificate or in violation of any ordinances of the Town.  The P&ZA may revoke the certificate or building permit if violations are not corrected in a timely manner.

8.2.2        During construction or installation, the C of A shall be posted on the property and be visible from the public right-of-way.  A complete set of the approved plans shall be available on the premise for Town inspectors.

8.2.3        A C of A shall become null and void if no significant improvement or alteration is made in accordance with the approved application within six (6) months from the date of approval.  On written request from an applicant, the ARB may grant a single extension for a period of up to six months if, based upon submissions from the applicant, the ARB finds that conditions on the site and in the area of the proposed project are essentially the same as when approval originally was granted.  Further, any such certificate and permit shall also expire and become null and void if such authorized work is suspended or abandoned for a period of six (6) months after being commenced.

8.3       Conformance to Ordinance

All departments, officials and public employees of the Town of Strasburg shall conform to the provisions of this Ordinance.  They shall issue permits for uses, buildings, structures or purposes only when they are in harmony with the provisions of this Ordinance.  Any such permit, if issued in conflict with the provisions of this Ordinance, shall be null and void.

8.4       Preventive Action by Town

Acting upon a recommendation of the ARB, the Town Council (or, in the instance of an emergency, the Mayor) may direct Town staff to institute any appropriate action to: prevent the unlawful erection, construction, reconstruction, alteration, repair or conversion of any building, structure, or unlawful use of land; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about said building, structure or land.

8.5       Injunctions and Stop Work Orders

8.5.1        Wherever any person has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this Ordinance, the Town Council (or, in the instance of an emergency, the Mayor) may make application to the Circuit Court for an order enjoining such act or practice, or requiring such person to refrain from such prospective violation, or to remedy such violations by restoring the affected property to its previous condition.  Upon proof by the Town that such person has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order or other appropriate order shall be granted. 

8.5.2        The P&ZA, acting under guidance from the Town Manager, shall have authority to order that work be stopped in any case where, in their opinion, the action may produce effects clearly inconsistent with the character of the present buildings or structures or with the prevailing character of Historic Districts.

8.6       Penalties

8.6.1        Any person, firm or corporation, whether as principal, employed or otherwise, violating, causing or permitting the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to one thousand ($1,000) dollars.  Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided.

8.6.2        In addition to any other penalties allowed by law, there is hereby established, pursuant to Section 15.2-744 of the Code of Virginia, a civil penalty for the wrongful demolition, razing, or moving of part or all of a building or structure when such building or structure has been designated as an historic structure or landmark or is part of the Historic Districts.  This civil penalty shall be imposed on the party deemed by the Circuit Court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure as determined by the county real estate tax assessment at the time of the demolition, razing, or moving.

8.6.3        An action seeking the imposition of such a penalty shall be instituted by petition filed by the Town in Circuit Court, which shall be tried in the same manner as any action at law.  It shall be the burden of the Town to show the liability of the violator by a preponderance of the evidence.  An admission of liability or finding of liability shall not be a criminal conviction for any purpose.  The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense except where the demolition, razing or moving has resulted in personal injury.

8.6.4        The defendant, within twenty-one (21) days after the filing of the petition, shall file an answer and may, without admitting liability, agree to restore the building or structure as it existed prior to demolition, razing, or moving.  If the restoration is completed within the time agreed upon by the parties or as established by the court, the petition shall be dismissed from the court’s docket.  Nothing in this section shall preclude action by the P&ZA under Virginia Code section 15.2-2286(A)(4) or by the Town Council under Virginia Code section 15.2-2208, either by separate action or as a part of the petition seeking a civil penalty.

8.6.5        All money received as fines will be placed in an escrow account designated for grants to be used for needed structural repairs within the Historic Districts as determined by the ARB.

9          ARTICLE IX PROTECTING THE LAND OWNER – PROCEDURES FOR APPEALING DECISIONS OF THE ARB OR THE TOWN COUNCIL

9.1       Appeals from ARB to Town Council

9.1.1        Whenever the ARB shall approve or disapprove any application, the applicant or any other person with justifiable cause, may appeal such decision to the Town Council provided that the appellant files with the Town Clerk on or before fourteen (14) days after the decision of the ARB a notice in writing of such appeal together with any required fees; and provided further that whenever such notice of appeal is filed by a party other than the applicant, such notice shall be accompanied by a petition for such appeal in writing signed by twenty (20) electors of the Town.  Upon the filing of the notice of appeal and fee, the Town Clerk shall schedule a public hearing before the Town Council not more than thirty (30) days after the filing of such notice.  Public notice shall be given according to Town policy.

9.1.2        Upon appeal, the final decision of the ARB shall be stayed pending the decision of the Town Council except that a decision denying a request for demolition in the Historic Districts shall not be stayed.  The Town Council shall conduct a hearing on the matter before rendering any decision.  The same procedure and standards shall be applied by the Town Council as established for the ARB.  The Town Council may affirm, reverse or modify the decision of the ARB, in whole or in part.  The decision of the Town Council shall be final, subject to the provisions for appealing to the circuit court.

9.1.3        The failure of the Town Council to affirm, modify or reverse the decision of the ARB within seventy-five (75) days from the date the petition is filed shall be deemed to constitute affirmance of the ARB’s decision, unless all parties to the appeal agree in writing to extend such period of time.

9.2       Appeals from Town Council to Shenandoah County Circuit Court

9.2.1        Any person may appeal any decision of the Town Council to affirm, modify or reverse a decision of the ARB to the Shenandoah County Circuit Court by filing a petition at law.  The petition shall set forth the alleged illegality of the action of the Town Council and the grounds thereof.  The petition shall be filed within thirty (30) days after the decision of the Town Council.  The filing of the petition shall stay the decision of the Town Council, except that a decision denying a request for demolition in the Historic Districts shall not be stayed.  A copy of the petition shall be delivered to the Town Clerk, who shall file with the Circuit Court a certified or sworn copy of the records and documents considered by the Town Council.

9.2.2        The Circuit Court shall review the record, documents and other materials filed by the Town Clerk.  The Circuit Court may reverse or modify the decision of the Town Council, in whole or in part, if it finds upon review that the decision of the Town Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or the Court may affirm the decision of the Town Council.

10     ARTICLE X PROTECTING THE TOWN – THE CONCEPT OF SEPARABILITY

10.1     Separability - If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this Ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.