DIVISION 23. OLD AND HISTORIC FREDERICKSBURG DISTRICT (HFD)*

Sec. 14-586. Purpose and intent.

(a) The Old and Historic Fredericksburg District (HFD) is established for the purpose of promoting the general welfare, education, and recreational benefit of the public through the recognition of this area of the city as having historic, architectural, and cultural significance. Regulations of the HFD are intended to protect, restore, and preserve the architectural integrity of existing structures, to create an atmosphere for compatible growth for the future, to prevent the intrusion of environmental influences adverse to such purposes, and to ensure that new structures and uses will be in keeping with the character of the HFD.

(b) The HFD is also intended to recognize, protect and preserve the abundant evidences of the city's industrial history, including, but not limited to, mill sites, canals, locks, dams, and similar structures located along the Rappahannock River, both within and outside the designated HFD.

(c) The criteria for inclusion in the HFD are districts, structures, and sites that:
 

(1) Are associated with events that have made a significant contribution to the broad patterns of history;

(2) Are associated with the lives of persons significant in the past;

(3) Embody the distinctive characteristics of a type, period, or method of construction, that represent the work of a master, that possess exceptional artistic value, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

(4) Have yielded, or may be likely to yield, information important in prehistory or history.

(Ord. No. 90-9, § I, 3-27-90)

(a) The HFD shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying within the HFD shall also lie within one or more zoning districts established by this article. The effect shall be to create new districts which have the characteristics and limitations of the underlying districts, together with the characteristics and limitations of the overlying HFD.

(b) The HFD shall consist of the following components:
 

(1) The forty block downtown district. This component shall include all that portion of the city included within the boundaries of the Fredericksburg District on the National Register of Historic Places, except as otherwise provided by this subsection (b)(1). The southern boundary shall be as shown on the city's official zoning map, with the centerlines of Dixon and Dunmore Streets serving as a portion of the boundary and the southernmost property lines of the HFD properties constituting the remainder of such southern boundary. The northern boundary shall be the centerlines of Hawke and Canal Streets, as depicted on said zoning map. The western boundary shall be the property lines of those properties within the HFD that are on or adjacent to the west side of Prince Edward Street. The western boundary shall be as follows: the western property lines of properties abutting the western side of Caroline Street between Canal and Hawke Streets; the western property lines of properties abutting the western side of Prince Edward Street between Hawke and Dunmore Streets with the exception that the property at 503 Wolfe Street shall also be included in the HFD; the centerline of Charles Street, between Dunmore and Dixon Streets; and the western property lines of properties abutting the western side of Caroline Street, between Dixon Street and the southern end of Caroline Street. The eastern boundary shall be the Rappahannock River.

State law references - Historic resources, Code of Virginia, § 10.1-2200 et seq.; Virginia Historic Preservation Foundation, Code of Virginia, § 10.1-2400 et seq; Preservation of Historical Sites and Architectural Areas, Code of Virginia, § 15.2-2306.

(2) The old mill district. This component shall consist of all those lots or parcels of land containing the following historic sites, as shown on the city's official zoning map:
 
(i) C.W. Wilder & Company Silk Mill/Klotz Throwing Company.

(ii) Embrey Power Plant.

(iii) Washington Woolen Mills.

(iv) City Electric Light Works.

(v) Germania Mills.

(vi) Knox's Mill.

(vii) Bridgewater Mills.

(viii) Indian Punch Bowl.

(ix) Rappahannock Electric Light & Power Co.

(x) 1907 Dam and Gates.

(xi) Thornton's Mill.
 

(3) Individual sites.
 
(i) All that certain parcel of land located at 720 William Street, containing approximately 21,760 ± sq. ft., with all improvements thereon and shown as Parcel 720 on City Tax Map No. 136.
 
(c) The boundaries of the HFD, as set forth in this section, shall be delineated on tax maps of the city and as an overlay on the official zoning map of the city.

Editor's note -  Ord. No. 92-41, § III, adopted May 25, 1993, deleted former § 14-587, relative to district boundaries, and enacted a new § 14-587 to read as herein set out. The provisions of former § 14-587 derived from Ord. No. 90-9, § 1, adopted March 27, 1990.
 

Sec. 14-588. Reserved.

Editor's note - Ord. No. 96-5, § I(A), adopted April 23, 1996, repealed § 14-588, which pertained to the building and zoning permits requirement and derived from Ord. No. 90-9, § I, adopted March 27, 1990.
 

Sec. 14-589. Architectural review board.

There shall be an architectural review board for the city. Such body shall have the duty to implement the provisions of this division, in accordance with the provisions of section 3-46 et seq. of this Code.
 

State law reference - Historical preservation, Code of Virginia, § 15.2-2306.
 

Sec. 14-590. Certificates of appropriateness required.

(a) No building or structure subject to view from a public street or right-of-way or from any city-owned property shall be erected, reconstructed, altered or restored within the HFD unless the same has been approved by the architectural review board or, on appeal, by the Council, as being architecturally compatible with the historic landmarks, buildings, and structures in the HFD.

(b) Except as otherwise provided in this division, no building, structure, or landmark within the HFD that is subject to view from a public street or right-of-way or from any city-owned property shall be razed, demolished, or moved until such razing, demolition, or moving has been approved by the architectural review board, or, on appeal, by the Council after consultation with said board.

(c) No sign, as defined in section 14-101 of this chapter, that is subject to view from a public street or right-of-way or from any city-owned property shall be erected, reconstructed, altered, or restored within the HFD unless the same has been approved by the architectural review board or by the zoning administrator pursuant to section 14-599 of this division, or, on appeal, by the Council, as being architecturally compatible with the historic landmarks, buildings, and structures in the HFD.

(Ord. No. 90-9, § I, 3-27-90; Ord. No. 96-5, § I(B), 4-23-96; Ord. No. 92-21, § II, 4-22-97)

(a) To the maximum extent allowed by law, section 14-590 of this division shall apply to any building, structure, landmark, or sign (as defined in section 14-101 of this chapter) located in the HFD on property owned or controlled by the city, any public utility company, or other governmental entity; provided, however, that section 14-590 shall not apply to any sign erected by the city within the HFD.

(b) For purposes of this section, the term "public utility company" shall mean any person engaged in the business of providing electric, telecommunications, gas, cable television, or similar utility service to the public.

(c) For the proposed construction, alteration, renovation, or razing of any city building or structure, the city manager or other appropriate city official shall file an application for a certificate of appropriateness with the office of planning and community development and shall adhere to all other requirements of this division. For buildings and structures owned by other governmental entities or public utility companies, the city manager shall request that such owners submit an application for a certificate of appropriateness and adhere to all requirements of this division.

(Ord. No. 92-21, § II, 4-22-97)

Sec. 14-591. Same - Applications.

(a) All applications for certificates of appropriateness shall be made to the office of planning and community development.

(b) The architectural review board or the community development coordinator may request any or all of the following information in order for the application to be deemed complete:
 

(1) Statement of proposed use and user;

(2) Statement of estimated construction time;

(3) Photographs, maps, and drawings relating the proposed use to surrounding properties;

(4) Site design drawings showing building configuration, topography, and relationship to site improvements, color, and building materials;

(5) Architectural drawings to scale showing the plan and elevation of the erection, reconstruction, exterior addition or alteration, restoration, razing, relocation, or demolition of existing buildings;

(6) Landscaping plan;

(7) Plan of exterior signs, lighting, and graphics, including a description of materials.

(Ord. No. 90-9, § 1, 3-27-90; Ord. No. 96-5, § I(C), 4-23-96)

The community development coordinator shall advertise that each application for a certificate of appropriateness will be the subject of a public hearing to be held at either a regular or special meeting of the architectural review board. Such hearing notice shall be published once a week for two (2) successive weeks in a newspaper published or having general circulation in the city. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their views, not less than six (6) days nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. The term "two successive weeks," as used in this paragraph, shall mean that such notice shall be published at least twice in such newspaper with not less than six (6) days elapsing between the first and second publication.

(Ord. No. 90-9, § 1, 3-27-90)
 

Sec. 14-593. Standards for issuance of certificates - Generally.

The architectural review board shall promptly review each application for a permit. In reviewing applications, the architectural review board shall consider only those design features subject to view from the public right-of-way and shall not make any requirements except for the purpose of encouraging development that is architecturally compatible with the historic aspects of the HFD.

(Ord. No. 90-9, § 1, 3-27-90)
 

Sec. 14-594. Same - Existing structures.

(a) The architectural review board shall base its decisions on the U.S. Secretary of the Interior's Standards for Rehabilitation, as may be amended from time to time, in determining the appropriateness of any application for approval pertaining to existing structures, as follows:
 
(1) Every reasonable effort shall be made to provide a compatible use for a property by requiring minimal alteration of the building, structure, or site and its environment, or by using a property for its originally intended purposes.

(2) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible.

(3) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.

(6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Replacement of missing architectural features should be based on historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(8) Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project.

(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.

(10) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
 

(b) In conjunction with the U.S. Secretary of the Interior's Standards for Rehabilitation, as may be amended from time to time, the architectural review board, in reviewing applications for certificates of appropriateness involving additions or alterations to existing structures within the HFD, shall take into account the following specific review criteria to ensure that the application is consistent with the character and historic aspects of the HFD:
 
(1) The mass and height of a building, and the nature of the roof line;

(2) The proportions between the height of a building, its bulk, and the nature of its roof line (i.e., is its appearance predominantly horizontal or vertical?);

(3) The nature of the open spaces around buildings, including the extent of setbacks, the existence of any side yards and their size, and the continuity of such spaces along the street;

(4) The existence of trees and other landscaping, and the extent of paving;

(5) The nature of the openings in the facade (primarily doors and windows), their location, size and proportions;

(6) The type of roof (flat, gabled, hip, gambrel, mansard, etc.);

(7) The nature of projections from the buildings, particularly porches;

(8) The nature of the architectural details and the predominant architectural style;

(9) The nature of the materials;

(10) Texture;

(11) The details of ornamentation.

(Ord. No. 90-9, § 1, 3-27-90)

Sec. 14-595. Same - New structures.

In determining the appropriateness of any application for a certificate of appropriateness pertaining to new structures the architectural review board shall consider the application's relatedness to existing historic district structures and characteristics, including the following elements:

(1) Height (i.e. relationship to average height of existing adjacent structures);

(2) Proportion of buildings' front facades;

(3) Proportion of openings within the facade;

(4) Relationship of solids to voids in front facades;

(5) Spacing of buildings on street;

(6) Relationship of entrance and porch projections;

(7) Relationship of materials;

(8) Relationship of textures;

(9) Relationship of architectural details;

(10) Relationship of roof shapes;

(11) Walls of continuity;

(12) Relationship of landscaping;

(13) Ground cover;

(14) Scale;

(15) Directional expression of front elevation;

(16) Appropriateness of the new structure to its historic setting.

(Ord. No. 90-9, § I, 3-27-90)

Sec. 14-596. Same - Demolitions, removals, relocations.

(a) In determining the appropriateness of any application for the demolition (including demolition which occurs through neglect), removal or relocation of a structure in the HFD, the architectural review board shall consider the following review criteria:
 
(1) The architectural significance of the structure;

(2) The historical significance of the structure;

(3) The significance of the structure to the streetscape;

(4) The significance of the structure in furthering the comprehensive plan's goals for historic preservation and HFD development;

(5) The significance of the structure with regard to tourism;

(6) Effect on surrounding properties;

(7) Inordinate hardship. To establish inordinate hardship under this section the applicant must submit evidence that rehabilitation of the structure is impractical, that the structure is inappropriate for the proposed use desired by the owner, and that the applicant cannot make reasonable economic use of the property. Such evidence may include proof of consideration of plans for adaptive reuse, attempts to sell, rent or lease the property, and information regarding annual income and expenses. Any hardship created by action of the applicant shall not be considered in reviewing any application.
 

(b) In addition to the right of appeal set forth in section 14-602, the owner of a historic landmark, building, or structure, the razing of which is subject to the provisions of this division, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that:
 
(1) The owner has complied with the provisions of this article;

(2) The owner has, for the period of time set forth in the time schedule contained in this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building, or structure and the land pertaining thereto to the city or to any entity which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto; and

(3) That 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 contained in this section. Any appeal which may be taken to court from the decision of the 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 (1) year after a final decision by the Council, but thereafter the owner may renew his request to the Council to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows:
 

a. Three (3) months when the offering price is less than twenty-five thousand dollars. ($25,000.00);

b. Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more but less than forty thousand dollars ($40,000.00);

c. Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more but less than fifty-five thousand dollars ($55,000.00);

d. Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more but less than seventy-five thousand dollars ($75,000.00);

e. Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more but less than ninety thousand dollars ($90,000.00); and

f. Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

(Ord. No. 90-9, § I, 3-27-90)

The architectural review board shall consider the following in determining the appropriateness of any application for a sign proposed within the HFD:

(1) Placement.
 
a. The sign shall be integrated architecturally with the building;
 

b. Placement should not obscure significant architectural features or details of the building;

c. A sign should be placed only at a location within the HFD at which the announced business or activity takes place.
 

(2) Lettering.
 
a. The sign should be legible.

b. The style and lettering of the sign should be appropriate to the structure, the business and the streetscape.

c. The lettering size should be in proportion both to the sign and the building.
 

(3) Color.
 
a. The colors of the sign should relate to those of the building.

b. The sign should not have so many colors that they detract from the strength of the visual image.
 

(4) General.
 
a. Paper signs attached to windows announcing sales, etc., are discouraged as incompatible with the character of the HFD;

b. All signs shall meet the requirements of division 3 of this article.

State law reference - Outdoor advertising in sight of public highways, Code of Virginia, § 33.1-351 et seq.
 

Sec. 14-598. Publication of sign standards; temporary sign certificates.

The architectural review board shall adopt standards, including design examples, for signs deemed acceptable in the HFD and shall cause such standards to be published or made available to the public. The zoning administrator shall have the right to issue ninety day temporary certificates for any sign which he deems to meet these standards. Applicants for such temporary certificates must file applications with the architectural review board for permanent approval within sixty (60) days of the issuance of a temporary certificate.

(Ord. No. 90-9, § I, 3-27-90)
 

Sec. 14-599. Approval of certain signs by zoning administrator.

Four (4) types of signs in the HFD shall not require review or approval by the architectural review board but may be approved through the sign permitting process by the zoning administrator, as set forth in division 3 of this article. Each sign shall be made by a professional sign maker or sign painter who is regularly engaged in the production of signs. Size, area, placement, and related dimensional aspects of such signs shall continue to be governed by division 3 of this article. The four (4) types of signs are:

(1) Directory sign addition. A directory sign addition is added to an existing or established directory sign which provides a listing of occupants or tenants of a building. A directory sign addition may also include a change in the listing of an existing directory sign. Examples of approvable directory sign additions shall be maintained in the office of planning and community development.

(2) Professional wall sign. A professional wall sign shows the name and occupation of a building tenant or occupant. It shall be limited to lettering only, without pictorial or similar types of representations. The size of such signs shall be limited to a maximum size of twelve (12) inches by twenty-four (24) inches and one-half-inch minimum thickness, and it shall be constructed of durable, substantial, and generally accepted professional sign material. Examples of approved professional wall signs shall be maintained in the office of planning and community development.

(3) Temporary sign. A temporary sign is one which announces construction or real estate information. Such sign shall be allowed for a period of no more than twelve (12) months and shall be limited to a maximum size of twenty-four (24) inches by forty-eight (48) inches. Examples of approved temporary signs shall be maintained in the office of planning and community development.

(4) Entablature or panel sign. An entablature or panel sign is one which is limited to one (1) color lettering painted onto an existing architectural panel or similar physical feature of a building. Examples of approved entablature or panel signs shall be maintained in the office of planning and community development.

(Ord. No. 90-9, § I, 3-27-90)

Sec. 14-600. Record of proceedings.

A record of architectural review board actions and procedures shall be maintained and available to the general public. Any photograph, drawing, map, description, etc., submitted with an application, together with any certificate issued, shall be a part of the public record and maintained as such.

(Ord. No. 90-9, § I, 3-27-90)
 

Sec. 14-601. Decisions within thirty days; duration of certificates and permits.

After appropriate review, the architectural review board shall act to (1) approve, (2) approve with modification, or (3) deny any request or application within thirty (30) days of submission of a complete application. The community development coordinator shall notify the applicant of the architectural review board's decision within fourteen (14) days from the date of the hearing. A certificate of appropriateness issued under the provisions of this division shall expire one (1) year after the date of such approval unless:

(1) A building or sign permit has been obtained and work begun within six (6) months after issuance of the certificate; or

(2) An extension has been granted by the architectural review board, which shall not exceed six (6) months.

(Ord. No. 90-9, § I, 3-27-90)
 

(a) Any person aggrieved by a decision of the architectural review board may appeal such decision to the Council, provided such appeal is filed in writing within fourteen (14) days from the date of notification of the architectural review board's decision. The Council shall consult with the architectural review board in relation to any appeal and may require documentation of any architectural review board's decision prior to hearing the appeal. The Council may affirm, reverse, or modify the architectural review board's decision and shall notify the community development coordinator of its actions.

(b) Any person aggrieved by a decision of the Council may appeal such decision to the circuit court of the city by filing a petition at law setting forth the alleged illegality of the action of the Council, provided such petition is filed within thirty (30) days after the final decision is rendered by the Council. The filing of the petition shall stay the decision of the Council pending the outcome of the appeal to the circuit court, except that the filing of such petition shall not stay the decision of the Council if such decision denies the right to raze or demolish a historic landmark, building, or structure. The court may affirm, reverse, modify the decision of the Council, in whole or in part, if it finds upon review that the decision of the Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion.

(Ord. No. 90-9, § I, 3-27-90)

Sec. 14-603. Permitted and special uses; limitations.

(a) Any permitted or special permit use allowed in the underlying zoning district in which a property is located shall also be allowed within the HFD.

(b) The following uses shall be allowed by special permit within the HFD:
 

(1) Historic dependency lodging. For purposes of this section, the term "historic dependency lodging" shall mean a single overnight lodging unit within a detached historic structure constructed prior to 1865 as a dependency of a residential structure (e.g., kitchen, laundry, servant quarters). No special use permit shall be granted pursuant to this paragraph unless the property owner (1) documents that the dependency was constructed before 1865 as a detached dependency, and (2) provides at least one off-street parking space per lodging unit.
 
(c) Except as otherwise provided in this division, all uses within the HFD shall adhere to the parking and loading requirements set forth in division 4 of this article.

(d) The architectural review board may review and make recommendations to the planning commission about any application for a special use permit located in the HFD.

(e) Nothing in this division shall be construed as preventing the application of the city building code or other laws and ordinances applicable thereto.

(Ord. No. 90-9, § I, 3-27-90; Ord. No. 97-7, § II, 4-22-97)

Editor's note - Ord. No. 92-41, § III, adopted May 25, 1993, repealed former § 14-604, relative to additions to districts, which derived from Ord. No. 90-9, § I, adopted March 27, 1990.