2006 Code of Virginia § 15.2-2306 - Preservation of historical sites and architectural areas

15.2-2306. Preservation of historical sites and architectural areas.

A. 1. Any locality may adopt an ordinance setting forth the historiclandmarks within the locality as established by the Virginia Board ofHistoric Resources, and any other buildings or structures within the localityhaving an important historic, architectural, archaeological or culturalinterest, any historic areas within the locality as defined by 15.2-2201,and areas of unique architectural value located within designatedconservation, rehabilitation or redevelopment districts, amending theexisting zoning ordinance and delineating one or more historic districts,adjacent to such landmarks, buildings and structures, or encompassing suchareas, or encompassing parcels of land contiguous to arterial streets orhighways (as designated pursuant to Title 33.1, including 33.1-41.1 of thattitle) found by the governing body to be significant routes of tourist accessto the locality or to designated historic landmarks, buildings, structures ordistricts therein or in a contiguous locality. An amendment of the zoningordinance and the establishment of a district or districts shall be inaccordance with the provisions of Article 7 ( 15.2-2280 et seq.) of thischapter. The governing body may provide for a review board to administer theordinance and may provide compensation to the board. The ordinance mayinclude a provision that no building or structure, including signs, shall beerected, reconstructed, altered or restored within any such district unlessapproved by the review board or, on appeal, by the governing body of thelocality as being architecturally compatible with the historic landmarks,buildings or structures therein.

2. Subject to the provisions of subdivision 3 of this subsection thegoverning body may provide in the ordinance that no historic landmark,building or structure within any district shall be razed, demolished or moveduntil the razing, demolition or moving thereof is approved by the reviewboard, or, on appeal, by the governing body after consultation with thereview board.

3. The governing body shall provide by ordinance for appeals to the circuitcourt for such locality from any final decision of the governing bodypursuant to subdivisions 1 and 2 of this subsection and shall specify thereinthe parties entitled to appeal the decisions, which parties shall have theright to appeal to the circuit court for review by filing a petition at law,setting forth the alleged illegality of the action of the governing body,provided the petition is filed within thirty days after the final decision isrendered by the governing body. The filing of the petition shall stay thedecision of the governing body pending the outcome of the appeal to thecourt, except that the filing of the petition shall not stay the decision ofthe governing body if the decision denies the right to raze or demolish ahistoric landmark, building or structure. The court may reverse or modify thedecision of the governing body, in whole or in part, if it finds upon reviewthat the decision of the governing body is contrary to law or that itsdecision is arbitrary and constitutes an abuse of discretion, or it mayaffirm the decision of the governing body.

In addition to the right of appeal hereinabove set forth, the owner of ahistoric landmark, building or structure, the razing or demolition of whichis subject to the provisions of subdivision 2 of this subsection, shall, as amatter of right, be entitled to raze or demolish such landmark, building orstructure provided that: (i) he has applied to the governing body for suchright, (ii) the owner has for the period of time set forth in the sameschedule hereinafter contained and at a price reasonably related to its fairmarket value, made a bona fide offer to sell the landmark, building orstructure, and the land pertaining thereto, to the locality or to any person,firm, corporation, government or agency thereof, or political subdivision oragency thereof, which gives reasonable assurance that it is willing topreserve and restore the landmark, building or structure and the landpertaining thereto, and (iii) no bona fide contract, binding upon all partiesthereto, shall have been executed for the sale of any such landmark, buildingor structure, and the land pertaining thereto, prior to the expiration of theapplicable time period set forth in the time schedule hereinafter contained.Any appeal which may be taken to the court from the decision of the governingbody, whether instituted by the owner or by any other proper party,notwithstanding the provisions heretofore stated relating to a stay of thedecision appealed from shall not affect the right of the owner to make thebona fide offer to sell referred to above. No offer to sell shall be mademore than one year after a final decision by the governing body, butthereafter the owner may renew his request to the governing body to approvethe razing or demolition of the historic landmark, building or structure. Thetime schedule for offers to sell shall be as follows: three months when theoffering 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 priceis $75,000 or more but less than $90,000; and twelve months when the offeringprice is $90,000 or more.

4. The governing body is authorized to acquire in any legal manner anyhistoric area, landmark, building or structure, land pertaining thereto, orany estate or interest therein which, in the opinion of the governing bodyshould be acquired, preserved and maintained for the use, observation,education, pleasure and welfare of the people; provide for their renovation,preservation, maintenance, management and control as places of historicinterest by a department of the locality or by a board, commission or agencyspecially established by ordinance for the purpose; charge or authorize thecharging of compensation for the use thereof or admission thereto; lease,subject to such regulations as may be established by ordinance, any sucharea, property, lands or estate or interest therein so acquired upon thecondition that the historic character of the area, landmark, building,structure or land shall be preserved and maintained; or to enter intocontracts with any person, firm or corporation for the management,preservation, maintenance or operation of any such area, landmark, building,structure, land pertaining thereto or interest therein so acquired as a placeof historic interest; however, the locality shall not use the right ofcondemnation under this subsection unless the historic value of such area,landmark, building, structure, land pertaining thereto, or estate or interesttherein is about to be destroyed.

B. Notwithstanding any contrary provision of law, general or special, in theCity of Portsmouth no approval of any governmental agency or review boardshall be required for the construction of a ramp to serve the handicapped atany structure designated pursuant to the provisions of this section.

(1973, c. 270, 15.1-503.2; 1974, c. 90; 1975, cc. 98, 574, 575, 641; 1977,c. 473; 1987, c. 563; 1988, c. 700; 1989, c. 174; 1993, c. 770; 1996, c. 424;1997, cc. 587, 676.)