I. PURPOSE

Pursuant to Division 23 of Chapter XIV of the Code of the City of Fredericksburg, the Architectural Review Board (ARB) of the City of Fredericksburg, Virginia, hereby establishes its procedures for reviewing applications for Certificate of Appropriateness regarding properties within the HFD as well as for providing advisory review of City and other governmental projects outside the HFD.

II. GENERAL RULES

The ARB shall be governed by the provisions of Division 23 of Chapter XIV, Old and Historic Fredericksburg District, of the Code of the City of Fredericksburg as those provisions may be amended or revised.

III. JURISDICTION

The area of the City in which Certificate of Appropriateness are required is set forth in the Historic District Ordinance (Section 14-587) on file in the Office of Planning and Community Development in City Hall, 715 Princess Anne Street, Fredericksburg, Virginia 22401.

IV. MEMBERS, OFFICERS, AND DUTIES

A. GENERAL: The Board is composed of seven (7) members.

B. CHAIRPERSON: A Chairperson shall be elected at the ARB organizational meeting upon the vote of four (4) members. The Chairperson's term of office shall be for one year and no person shall serve in that position for more than two consecutive terms. The Chairperson shall preside at all meetings of the ARB and shall utilize Robert's Rules of Order in the conduct of said meetings. The Chairperson shall rule on all points of order and procedure regarding the implementation of these rules unless overruled by a majority vote of the ARB in session at that time. The Chairperson shall accept or make nominations or appointments to ARB subcommittees as necessary for the conduct of ARB business, with such appointments being made by a majority of the ARB in session at that time.

C. VICE-CHAIRPERSON: A Vice-Chairperson shall be elected at the organizational meeting of the ARB upon the vote of four (4) members of the ARB. The term of office for this position shall be the same as that of the Chairperson. The Vice-Chairperson shall act in the absence of the Chairperson and in so doing shall have all of the duties and powers of the Chairperson.

D. SECRETARY: A member of the ARB may be elected to serve as Secretary to the ARB. The Secretary shall keep all records. An individual designated by the City Manager shall serve as Recording Secretary to the ARB. The Recording Secretary shall be responsible for Board correspondence, public advertising, circulating material to members and applicants, and maintenance of ARB records. All records shall be maintained according to applicable statutes and made available for public inspection in the Office of Planning and Community Development. Records shall include applications for Certificate of Appropriateness with their supporting documents, a record of ARB deliberation, Certificate of Appropriateness, and any other appropriate data.

E. ELECTIONS: The ARB's organizational meetings shall be held at the first regular January meeting, at which time officers shall be elected with the terms of office beginning immediately at that meeting.

F. ATTENDANCE OF MEETINGS: No member of the ARB shall miss more than two consecutive regular meetings or more than half of the regular meetings in any calendar year. Absence due to sickness, death in the family, or emergencies of like nature, shall be recognized as excused absences. The Secretary shall notify a member when he or she is approaching the maximum number of unexcused absences. When a member has exceeded the maximum number of unexcused absences, the Secretary shall notify the full ARB and the City Manager.

G. CONFLICTS-OF-INTEREST: Members of the ARB shall carefully consider whether or not they have any conflicts-of-interest in matters coming before the ARB. If a conflict-of-interest exists, the member having the conflict may still offer his or her views form the podium but shall take no formulative role in the ARB decision. Members who do not wish to vote on a case due to conflict-of-interest shall state their reason(s) for abstaining so that the Board may formally excuse that member from acting upon the matter which may constitute a conflict-of-interest.

H. RESPONSIBILITIES OF MEMBERS: It shall be the responsibility of each member of the ARB to become thoroughly familiar with the applicable laws, statutes, ordinances, rules, and procedures relating to the HFD. Each member shall vote on matters coming before the ARB, unless formally excused due to a conflict-of-interest or with the permission of the majority of the members of the ARB then in session. Members shall diligently review applications presented at meetings they were unable to attend as well as the minutes of those meetings, insofar as is practicable, before voting on such applications. ARB members shall act responsibly in discussing issues before the Board in private conversation. No ARB member shall advise applicants on the approvability of their application outside of the public hearing.

I. MEETINGS

1. Meetings: Meetings of the ARB shall be held on the second and forth Mondays of each month at 7:30 p.m. There shall be a recess from 9:00 to 9:10 p.m. and the meeting shall adjourn at 10:30 p.m. unless a simple majority of the ARB present at the time votes to extend the time of adjournment in order to hear all cases duly advertised and to take appropriate action for those applications considered complete. The regular meeting in October will be held on the third Monday, due to a national holiday (Columbus Day).

2. Meeting Locations: Meetings shall be held in the following locations:


a. Second Monday - Regular meetings for consideration of applications. Held in Council Chambers, City Hall.
b. Fourth Monday - Supplementary meeting (if scheduled by the ARB). Held in a Conference Room at City Hall or in a place agreed upon by the ARB and the applicants.

3. Cancellation of Meetings: Whenever there is no business for the ARB, the Chairperson may dispense with a meeting by giving notice to all members not less than twenty-four (24) hours prior to the time set for the meeting.

4. Quorum: A quorum shall consist of not less than a majority of all members of the ARB.

5. Conduct of Meetings: All meetings shall be open to the public. The order of business at regular meetings shall be as follows:


(a) roll call,
(b) determination of a quorum,
(c) determination that public notice requirements have been met,
(d) approval of the agenda,
(e) review of minutes of previous meeting(s),
(f) hearing of applications for Certificate of Appropriateness,
(g) old business,
(h) new business.

The order of business at supplementary meetings shall be
(a) roll call,
(b) determination of a quorum,
(c) approval of agenda,
(d) old business,
(e) new business.

6. Review Criteria: In reviewing applications for Certificate of Appropriateness, the ARB shall follow the guidelines set forth in the Code of the City of Fredericksburg and the Historic District Handbook and shall limit all of its consideration and discussion to the various aspects of the following guidelines:

a. Architectural significance
b. Historical significance
c. Significance to the streetscape
d. Significance with regard to Comprehensive Plan goals for HFD
e. Effect on the tourist industry
f. Inordinate hardship
g. Effect on surrounding property

J. CONSIDERATION OF APPLICATIONS: Any party may appear in person or by agent or attorney at the meeting. The order of business for consideration of applications for Certificates of Appropriateness shall be as follows:
1. The Chairperson shall recognize the applicant. The applicant shall be responsible for his/her presentation before the ARB, with the Board having the authority and power to deny applications in the absence of the applicant, or his/her representative.

2. Any person(s) interested in the application may provide facts or views in support of or against the application.

3. The ARB shall then determine whether to approve, allow modifications to or disapprove the application, or continue such consideration to the next regular or supplementary meeting.

4. Written notice of the Board's decision shall be promptly transmitted to applicants and shall include the guidelines contained in the City ordinance upon which the decision was based.

5. The procedure to be used for an individual application may be modified upon the concurrence of all of the parties before the Board and a majority of the members of the ARB.

6. An additional opportunity for public comment shall be made available if proposed plans are modified significantly from those which were provided for public review and comment and raise new issues which interested parties could not reasonably have foreseen during the public review process.

K. RECONSIDERATION OF APPLICATIONS: The order of business for reconsideration of applications for Certificates of Appropriateness shall be as follows:
1. The Chairperson at the regular or supplementary meeting following a meeting where a determination notice was delivered shall entertain a motion from any member of the ARB that an applicant or opponent to an application be permitted to present facts or argument in support of a request for reconsideration. Such evidence shall be limited to data necessary to enable the ARB to determine whether or not there has been a substantial change in the facts, evidence, or conditions relating to the application. The applicant for a matter being opposed, however, shall be given the opportunity to present any other additional supporting evidence if the ARB decides to reconsider his/her application.

2. After receiving additional facts and argument, the ARB shall determine whether or not there has been a substantial change in the facts, evidence, or conditions relating to the application, which would warrant reconsideration. If the ARB finds that there has been such a change, it shall thereupon accept the request as a new application and follow the procedures set forth herein for notice and deliberation so long as the party granted reconsideration promptly pays within five (5) days another application fee to cover processing and public advertising costs.

3. The matter accepted for reconsideration shall be considered on its merits as a new application at the first regular meeting following such advertising.

L. VOTING: The vote of a majority of those members present, provided a quorum is present, shall be necessary to decide matters before the ARB.

A. An application must be filed in the Office of Planning and Community Development by a deadline established by City staff to allow sufficient time to process the application and comply with public notification requirements prior to the regular meeting of the ARB. The application shall be accompanied by a check for the appropriate fee payable to the "City Treasurer." The application shall be accompanied by all necessary sketches, drawings, photographs, specifications, descriptions, or any other pertinent data for the proposed project. When the Planning staff determines the application is complete, he/she shall present it to the ARB for their review.

B. The Office of Planning and Community Development shall advertise applications for a hearing at a regular or special meeting of the ARB. Such hearing notice shall be published twice, not less than five (5) days nor more than fifteen (15) days prior to the hearing, in a newspaper having general circulation in the City. Such notice shall specify (1) time and place of hearing at which the applicant and others affected may appear and present views and (2) where additional information may be obtained prior to the hearing.

C. It shall be the policy of the ARB in regard to applications involving extensive alterations and/or additions to existing structures that the ARB shall be available to meet with representatives of the persons or organizations involved at some early stage in the design process to informally advise them about ARB guidelines, the nature of the area where the proposed construction is to take place, and other relevant factors. No advice or opinion given by any member at that time shall be in any way official or binding upon the ARB.

These rules, may within the limits allowed by law, be amended at any time by an affirmative vote of not less than five (5) members of the ARB, provided that such amendment shall have first been presented to the membership in writing at a regular or special meeting preceding the meeting at which the vote is taken.

ADOPTED - March 11, 1985
REVISED -August 26, 1985

January 10, 1990
March 9, 1992
April 14, 1997
February 9, 1998
February 8, 1999
December 10, 2001