[Code 1991, § 6-126]
Part III (Maintenance of Existing Structures) of the Virginia
Uniform Statewide Building Code, duly adopted by the State Board of
Housing and Community Development under authority of Code of Virginia,
§§ 36-98 and 36-103, is hereby adopted by reference
and made part of this chapter.
[Code 1991, § 6-127]
The Building Maintenance Official shall act as the code official charged with enforcement of the provisions of this article and shall enforce all provisions of the Building Maintenance Code adopted in § 18-91.
[Code 1991, § 6-128]
The City Manager shall have the authority to promulgate administrative
practices and regulations as he deems necessary for the effective
administration and enforcement of this article. Such regulations shall
be in writing and shall be approved by the City Council prior to entry
into the City administrative manual. All regulations promulgated pursuant
to this section shall be consistent with the provisions of this article
and Part III (Maintenance of Existing Structures) of the Virginia
Uniform Statewide Building Code.
[Code 1991, § 6-129]
The Board of Building Code Appeals shall consider all appeals
arising from the application of the provisions of this article. The
board shall adhere to all rules, regulations and procedures set forth
in Part III (Maintenance of Existing Structures) of the Virginia Uniform
Statewide Building Code.
[Ord. No. 12-16, 6-26-2012, eff. 7-1-2012]
A.
Any landmark, building or structure that contributes to the Old and
Historic Fredericksburg Zoning District shall not be razed, demolished
or moved until the razing, demolition or moving thereof is approved
by the Architectural Review Board or, on appeal, by the City Council
after consultation with the Architectural Review Board, unless the
Building Maintenance Official, consistent with the Virginia Uniform
Statewide Building Code, Part III, Maintenance, determines that it
constitutes such a hazard that it shall be razed, demolished or moved.
B.
For the purpose of this section, a contributing landmark, building
or structure is one that adds to or is consistent with the historic
or architectural qualities, historic associations, or values for which
the Old and Historic Fredericksburg Zoning District was established,
because it (i) was present during the period of significance, (ii)
relates to the documented significance of the district, and (iii)
possesses historic integrity or is capable of yielding important information
about the period.
C.
Only landmarks, buildings, and structures for which a certificate
of appropriateness is required by City Code § 78-754 are
subject to this section.
D.
For purposes of implementation of this section, the status of any
landmark, building or structure as "contributing" or "non-contributing"
shall be determined by the Architectural Review Board in the course
of reviewing the application for a certificate of appropriateness
for the demolition of such structure.
(1)
The Architectural Review Board shall consider the Comprehensive Survey
Reports of 2008 and 2010, prepared by William and Mary Center for
Archaeological Research for the Virginia Department of Historic Resources,
in determining the status of the structure as "contributing" or "not
contributing."
(2)
It shall also consider any relevant subsequent change in circumstances,
such as any loss or compromise of the building or structure's
integrity, or any significant restoration performed after the date
of the survey.
(3)
If the board determines that the landmark, building or structure
is "non-contributing," then it shall approve the certificate of appropriateness
for demolition.
