City of Franklin, VA Historic Preservation Ordinance

§ 21A.1 Purpose.

The primary purpose of this ordinance is to provide for the protection of historic and architectural areas in the City of Franklin in the interest of improving the public health, safety, convenience and welfare of its citizens. Specifically, the ordinance seeks to.

(1)

Identify and encourage the protection of historic landmarks, historic areas, and areas of unique architectural value;

(2)

Encourage revitalization of historic and architectural areas;

(3)

Encourage development and construction of new buildings which are compatible with the existing scale and character of surrounding historic and architectural areas;

(4)

Prevent the intrusion of adverse environmental influences in historic and architectural areas;

(5)

Encourage a diversity of architectural style, including contemporary architectural expression;

(6)

Maintain and improve property values by

Providing incentives for the upkeep, rehabilitation and restoration of older structures in a safe and healthful manner, and

Encouraging development that will lead to the continuance, conservation and improvement of the city's historic, cultural, and architectural resources and institutions within their settings;

(7)

Promote tourism, enhance business and industry, and promote an enhanced quality of life within the city through protection of historic, cultural, and archaeological resources.

§ 21A.2 Creation of Franklin Historic Preservation Commission.

This ordinance hereby establishes the Franklin Historic Preservation Commission, hereinafter referred to as the Commission. The Commission shall administer the provisions of this ordinance.

§ 21A.3 Statement of powers and authority.

(a)

The jurisdiction of the Commission is, in general, the city limits of the City of Franklin. The jurisdiction of the Commission for the recommendation of properties to be designated historic is the city limits of City of Franklin. The jurisdiction of the Commission for the review of proposed alteration to buildings, new construction, and demolition is the individual properties and areas that have been designated by the City of Franklin as Historic Landmarks and Historic Overlay Zoning Districts.

(b)

It shall be the duty of the Commission to:

(1)

Undertake surveys of local heritage resources;

(2)

Recommend to the Planning Commission individual structures, buildings, sites, areas or objects to be designated by ordinance as Historic Landmarks and recommend to the Planning Commission districts to be designated by ordinance as Historic Overlay Zoning Districts;

(3)

Recommend to the Planning Commission designation of individual structures, buildings, sites, areas or objects as Historic Landmarks be revoked or removed for cause and recommend to the Planning Commission that designation of any areas as Historic Overlay Zoning Districts or part thereof be revoked or removed for cause;

(4)

Review and approve or deny applications regarding construction, reconstruction, alteration or restoration of buildings or structures, including signs, that have either been designated as Historic Landmarks or that are located in a designated Historic Overlay Zoning District; and

(5)

Review and approve or deny applications to raze, demolish, or move Historic Landmarks or buildings or structures in a designated Historic Overlay Zoning District.

§ 21A.4 Commission membership and procedures.

(a)

Seven (7) members shall compose the Commission. No members shall concurrently hold any other municipal office. All members of the Commission shall:

(1)

Have demonstrated their general knowledge of the community and concern for the welfare of the total community and its citizens; and

(2)

Have a demonstrated interest in, competence for, and/or knowledge of historic preservation and construction methods.

(b)

Membership shall include the following:

(1)

At least one design professional, preferably a state-licensed architect;

(2)

At least one state-licensed realtor;

(3)

At least on licensed class A contractor

(4)

At least two residents or owners of property with Historic Overlay Zoning, including at least one owner or resident of the residential section and at least one owner or tenant of the business section; and

(5)

At least one individual at large.

(c)

C.=© Members shall be residents of the City of Franklin. They shall represent each ward of the city, unless qualified candidates are not found within each ward.

(d)

Members shall serve without compensation except for reimbursement for authorized expenses attendant to the performance of their duties.

(e)

The term of office for members of the Commission shall be as follows:

	Seats 1, 2, and 3: terms expire in 2009 and in every subsequent third year (in 2012, 2015, 2018, and so on);
	Seats 4 and 5: terms expire in 2010 and in every subsequent third year (in 2013, 2016, 2019, and so on);
	Seats 6 and 7: terms expire in 2011 and in every subsequent third year (in 2014, 2017, 2020, and so on).

All terms shall expire on June 30 of the calendar year in which the expiration falls.

(f)

New members shall assume their duties at the first regular meeting after the later of these two events: the new member's appointment or the expiration of the term of the previous member. Each member shall serve until his successor is appointed and installed. The City Council shall act promptly to make appointments in order to avoid vacant seats and the continued service of members with expired terms.

(g)

Any vacancy, whether created by removal for cause or by a member's resignation, shall be filled for the unexpired term as soon as may reasonably be accomplished by the Mayor and City Council in the same manner as the original appointment. Any appointed member of the Commission may be removed by the Council without cause.

(h)

The Commission shall organize itself, electing by majority vote at the first meeting of each calendar year a Chairperson and Vice-Chairperson from among its members. If a vacancy occurs in either office prior to the expiration of the full term, another election following the same procedure shall be conducted at the first meeting thereafter to fill the remainder of the office. The chairperson shall conduct the meetings of the Commission.

(i)

A staff member of the City of Franklin Department of Community Development shall serve as Secretary of the Commission. The Secretary shall keep the minutes of the meetings and a permanent record of all resolutions, motions, transactions, and determinations.

(j)

Each member of the Commission shall be entitled to one vote on any question before the Commission, and the decisions of the Commission shall be determined by a majority vote of members present. A quorum of four voting members present is required before the review board may take any official action. Motions on which there is a tied vote shall be regarded as defeated.

(k)

Meetings of the Commission shall be held monthly when there is business, at least bi-monthly regardless of business, at the call of the Chairperson, and at such other times as the Commission may determine.

(1)

The Commission shall adopt rules of procedure at the first meeting of each calendar year.

(2)

The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question.

(3)

Robert's Rules of Order shall govern the conduct of meetings, except as otherwise provided by the Commission.

(4)

Four (4) members of the Commission shall constitute a quorum for conducting business.

(l)

Potential conflicts of interest are governed by Title 2.2, Chapter 31 of the Code of Virginia. Members disqualified from hearing an application who remain present at the meeting, however, shall be counted as present in the quorum.

§ 21A.5 Historic overlay zoning.

(a)

Designation. The Commission shall review designation reports for Historic Landmarks and for Historic Overlay Districts and make recommendation to the Planning Commission to initiate an amendment to the Zoning ordinance. Proposed designations shall follow the same procedure for adoption as other changes and amendments to the zoning ordinance, as outlined in Article XXVIII.

(b)

Certificate of Appropriateness (COA) required for alterations. No building or structure, including signs, designated as a Historic Landmark or within any Historic Overlay District shall be erected or the exterior reconstructed, altered or restored unless and until an application for a COA shall have been approved by the Commission or, on appeal, by the governing body of the locality. A COA shall be issued if the application demonstrates that the proposed work will be architecturally compatible with the historic landmarks, buildings, or structures in the Historic Overlay District as defined by the guidelines for Historic Overlay Zoning Districts adopted by the City Council. A building permit shall not be issued for work within the Historic Overlay Zoning District without a valid COA for the same work; any building permit not issued in conformance with this ordinance shall be considered void.

(c)

COA required for demolition or moving Historic Landmarks or buildings or structures with Historic Overlay Zoning. No buildings or structures set forth as Historic Landmarks pursuant to this ordinance in § 29.05(d)(1), or buildings or structures within any Historic Overlay Zoning District shall be razed, demolished, or moved until the razing, demolition, or moving thereof is approved by the review board, or, on appeal, by the governing body after consultation with the review board.

(d)

Criteria for designation. Any ordinance setting forth Historic Landmarks and applying the Historic Overlay Zoning District to a property or area shall contain the following provisions, among such others as the City Council may deem appropriate.

(1)

A finding that individual properties set forth as Historic Landmarks:

Have been listed individually on the Virginia Landmarks Register by the Virginia Board of Historic Resources or as contributing properties in a historic district listed on the Virginia Landmarks Register by the Virginia Board of Historic Resources, or

Have important historic, architectural, archaeological, or cultural interest, or

Are properties where historic events occurred or which have special public value because of notable architectural, archaeological, or other features relating to the cultural or artistic heritage of the city of such significance as to warrant conservation and preservation.

(2)

A finding that an area where Historic Overlay Zoning District zoning will be applied is:

An historic district listed on the Virginia Landmarks Register by the Virginia Board of Historic Resources, or

Adjacent to a property previously or concurrently set forth as an Historic Landmark, or

An area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the city of such significance as to warrant conservation and preservation; or

Of unique architectural value located within a designated conservation, rehabilitation or redevelopment districts; or

Encompasses parcels of land contiguous to arterial streets or highways (as designated pursuant to Title 33.1 of the Code of Virginia, including § 33.1-41.1 of that title) found by the City Council to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts therein or in a contiguous locality.

(3)

The design review criteria that shall apply to development, new construction, demolition, or exterior alterations in the designated district or at the designated property. Such criteria may be incorporated into the ordinance by reference to a separate document approved by the City Council.

§ 21A.6 COA procedure.

(a)

Application for a COA shall be made by the owner of the building, structure, or land, or by the owner's representative. If by the owner's representative, the application shall include written authorization from the owner. Such application shall include the COA cover form produced by the City and all required supporting information listed on the form; the form is available at City Hall or on the City's website.

(b)

If the application consists solely of Minor Work items, as defined in § 21A.06 (j), the Commission Secretary shall review the application within seven (7) working days of receipt and issue a COA if the Secretary finds that the work is architecturally compatible as defined by the guidelines approved by City Council. If the Commission secretary cannot issue a COA because the application does not meet the Guidelines, the Commission secretary shall advise the applicant of such and allow the applicant to revise or amend the application appropriately. If the applicant chooses, the applicant can elect to send the original application to the Commission for review.

(c)

Any COA application for exterior alterations which are shown, through adequate documentation, to have been approved for a tax credit under either the federal rehabilitation tax credit program or the similar Virginia state tax credit program may also be reviewed and approved by the Commission secretary. A completed COA application form must still be filed with any required supporting documentation in addition to the documentation demonstrating approval for federal or Virginia state rehabilitation tax credits for the same work. If the Commission secretary cannot issue a COA because the application does not meet the Guidelines, the application shall be heard by the Commission at its next hearing provided that a complete application was submitted ten (10) business days before the next hearing, excluding the day of the hearing.

(d)

If the application includes any Major Work, the entire application shall be heard by the Commission at its next hearing provided that a complete application was submitted ten (10) business days before the next hearing, excluding the day of the hearing. The Commission secretary shall place complete applications on the appropriate agenda in the order in which the applications are received. A sign shall be posted at the property which is the subject of the application, at least seven (7) days prior to the Commission's meeting, identifying the time, date, place, and nature of the application which has been scheduled for a hearing.

(e)

In reviewing applications, the Commission shall employ established criteria in accordance with the Guidelines. The Commission shall approve applications that are found to be architecturally compatible with Historic Landmarks or Historic Overlay Zoning Districts, as defined by the Guidelines. The Commission shall not consider interior arrangement and shall not make any requirements except for the purpose of preventing developments that are not architecturally compatible with Historic Landmarks or Historic Overlay Zoning Districts. Paint color shall not be regulated.

(f)

The Commission shall either approve a COA, with or without conditions, or deny a COA within thirty days of the first hearing of the application. The Commission shall state all reasons for disapproval in writing. The time period for a decision on a certificate of appropriateness may be extended by mutual agreement between the applicant and the Commission.

(g)

In the case of a denied COA application, an applicant cannot submit a substantially similar application for the same property for one (1) year. An applicant may request a rehearing of an application if the Commission determines that proper COA procedures were not followed.

(h)

The COA shall be a standardized form signed by the Chairperson, Vice-Chairperson, or Secretary of the Commission. The COA shall state the specific exterior changes that will result from the proposed work for which the application has been made and shall state that those changes are approved by the Commission. A COA shall be valid for six (6) months from the date of its issuance. If the work is not begun within six (6) and thereafter diligently pursued, a new COA shall be obtained prior to the commencement of work.

(i)

Nothing in this ordinance shall be construed to prevent the ordinary repair and maintenance of any exterior elements of any building or structure. Ordinary repair and maintenance is work done to prevent deterioration or to replace parts of a building, structure, sign, or exterior architectural feature with equivalent materials in order to correct any deterioration, decay of or damage to any such building, structure, sign, or exterior architectural feature. Ordinary repair and maintenance is work that results in no exterior change in appearance, or material.

(j)

Minor Work and Major Work items are listed in the chart below.

	Minor Work	Major Work
ACCESSORY STRUCTURES AND GARAGES
New construction, 144 square feet or more		X
New construction, less than 144 square feet	X
Accessory buildings additions, 144 square feet or more		X
Accessory buildings additions, less than 144 square feet	X
Alterations to existing accessory building	X
Removal or demolition of accessory building		X
Addition or removal of carport		X
ARCHAEOLOGICAL RESOURCES
Alteration or removal of any significant archaeological features		X
AWNINGS, CANOPIES, SHUTTERS
Installation/change/removal of awnings, canopies, or shutters	X
CHIMNEYS
Construction/alteration/removal of chimneys	X
DEMOLITION AND RELOCATION
Partial or complete demolition of any structure		X
Relocation into, out of, or within the CHD		X
DRIVEWAYS AND PARKING
Alteration/addition/removal of existing driveways	X
Construction of new driveways when no part of the drive occupies space in front of the house	X
Construction of new driveways when part of the drive occupies space in front of the house		X
Alteration/removal of existing parking lots	X
Construction of new parking lot		X
FENCES, WALLS, HEDGES
Construction or planting of new fences, walls, hedges or other screen plantings when 42" or less in height	X
Construction or planting of new fences, walls, hedges or other screen plantings when more than 42" in height		X
EXTERIOR ALTERATIONS to PRIMARY BUILDING (see separate category for ACCESSORY STRUCTURES AND GARAGES)
Addition of any size		X
Addition or expansion of porch (including entirely new porch and expansion of existing porch)		X
Alteration/removal of any character-defining features		X
Alteration of existing porches (excluding additions or changes to character-defining features)	X
Alteration of roof coverings	X
Alteration of roof to prevent damage to the resource	X
Alteration of exposed foundation	X
Construction/alteration/removal of masonry	X
Construction/installation of new exterior stairs and steps	X
Installation/addition/removal of gutters and downspouts	X
Installation/alteration/removal of exterior lighting fixtures	X
Installation/alteration/removal of vents and ventilators	X
Alteration/removal of existing windows or doors that are not character defining	X
Installation of new windows or doors	X
Installation/alteration/removal of storm windows or doors	X
NEW CONSTRUCTION of primary building on parcel		X
PATIOS, DECKS, AND WALKWAYS
Alteration/addition/removal of patios	X
Construction of deck when less than 32" high	X
Construction of deck when 32" high or higher		X
Alteration/removal of existing decks	X
Installation of satellite dishes and/or television antennae	X
SIGNS
Installation/alteration/removal of signs	X
Alteration/addition/removal of exterior stairs and steps	X
SWIMMING POOLS
Installation of swimming pools		X
Installation/alteration of swimming pool accessory structures/landscaping	X
Removal/alteration of swimming pools/accessory structures/landscaping	X
TREE REMOVAL
Removal of dead, diseased, or dangerous tree when condition determined by certified arborist	X
Removal of tree less than 8 inches in diameter, measured 4-1/2 feet above ground level	X
Removal of tree 8 inches or more in diameter, measured 4-1/2 feet above ground level		X
OTHER CASES
Renewal of expiring COA	X
Changes to approved COA	Most changes	Changes staff deems substantial in nature
Work items not listed here	Items staff deems minor	Items staff deems substantial in nature or not addressed by guidelines or clear precedent
Emergency installation of temporary protective features that do not permanently alter the resource: six month duration; replacement with in-kind reconstruction or an approved COA	X

§ 21A.7 Exceptions following a disaster or in a state of emergency.

In the event of a natural disaster or when state of emergency is declared by the city, state, or federal government,

(1)

The Commission or Commission staff may authorize temporary disaster-related repairs in order to weatherproof or stabilize a damaged building/structure (waiver shall not relieve the applicant/property owner of making permanent repairs that meet the established guidelines).

(2)

The immediate restoration or maintenance of any existing above-ground utility structure is hereby authorized as long as repair results in no exterior change from the appearance before the disaster or state of emergency.

(3)

The Commission may waive all application deadline and notification requirement pertaining to disaster-related repairs.

§ 21A.8 Appeals.

(a)

Any person aggrieved by any decision of the Commission may appeal such decision to the City Council, provided that the appeal is filed within fourteen (14) calendar days from the date of the Commission's decision, by submitting a written notice of appeal to the Zoning Administrator, setting forth the grounds for the appeal. The appeal shall stay the decision of the Commission pending the outcome of the appeal to the Council, except that the filing of the petition shall not stay the decision of the City Council if the decision denies the right to raze or demolish a historic landmark, building, or structure. The Council may consult with the Commission in relation to any appeal and may require documentation of any Commission decision prior to hearing the appeal. The City Council may affirm, reverse or modify the Commission's decision and shall notify the Director of Community Development of its action.

(b)

Any person aggrieved by a final decision of the City Council may appeal to the local circuit court by filing a petition at law, setting forth the alleged illegality of the City Council's action, within thirty (30) days after the final decision is rendered by the City Council. The filing of the petition shall stay the decision of the City Council pending the outcome of the appeal to the court, except that the filing of the petition shall not stay the decision of the City Council if the decision denies the right to raze or demolish a historic landmark, building, or structure.

(c)

In addition to the right of appeal hereinabove set forth, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions in § 21A.5(c), shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure provided that:

(1)

The owner has applied to the governing body for such right,

(2)

The owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building, or structure, and the land pertaining thereto, to the City or to any person, firm, corporation, government, or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto, and

(3)

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 the court from the decision of the City Council, whether instituted by the owner or by any other proper party, notwithstanding the provisions 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. 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: three months when the offering price is less than $25,000; four months when the offering price is $25,000 or more but less than $40,000; five months when the offering price is $40,000 or more but less than $55,000; six months when the offering price is $55,000 or more but less than $75,000; seven months when the offering price is $75,000 or more but less than $90,000; and twelve months when the offering price is $90,000 or more.