§ 45-3147. Architectural review board.

(a)

Creation of the architectural review board. The architectural review board shall be appointed by the Newport News City Council. Such board shall consist of seven (7) persons having the following qualifications: One (1) professionally licensed architect or engineer, one (1) landscape architect or artist, and five (5) resident owners of real estate in the North End/Huntington Heights Historic District.

(b)

Term of office: The term of office is four (4) years for all members. No member shall serve more than two (2) consecutive terms, except that those members who initially fill unexpired terms of less than four (4) years may be reappointed for two (2) full four-year terms. However, in no case shall any member serve more than ten (10) consecutive years.

The initial board shall be appointed to serve the following terms: three (3) members for four (4) years; two (2) members for three (3) years; two (2) members for two (2) years. Reappointments of such members shall be for four (4) years.

(c)

Organization and meetings: The board shall elect a chairman each year and other officers as necessary. The board shall meet at regularly scheduled times. A quorum shall consist of four (4) members, but a lesser number may conduct public hearings or meetings at which the principal purpose is collection of information, provided that no action binding on the board is taken at such hearings or meetings. All meetings and records of the board shall be public, and anyone present at the meetings shall be allowed to speak.

(d)

Procedures and duties of the architectural review board:

(1)

The architectural review board shall prepare guidelines for standards to be applicable to land and the exterior of buildings and structures within the North End/Huntington Heights Historic District.

a.

Such guidelines shall be in written form and shall become effective only upon adoption after a duly advertised public hearing.

b.

Said public hearing shall be advertised once in a local newspaper, not less than ten (10) days prior to the date of said hearing.

c.

The board shall review the guidelines at least once each year at a public hearing and may make any changes necessary to protect the intent of this division of the City Code.

(2)

Plans to be submitted:

a.

On and after April 1, 2000, all plans for new buildings and structures and additions and alterations to existing buildings and structures, including the painting thereof, in the historic district shall be reviewed by the architectural review board, unless otherwise provided herein. The department of planning shall be responsible for receiving applications and providing technical assistance to the board. On and after April 1, 2000, whenever a permit for a building, structure, sign, or demolition is needed for work to be performed within the historic district, the applicant shall submit to the board plans showing sufficient detail prior to the issuance of any such permit; provided, however, that demolition required pursuant to city codes enforcement activity shall not be subject to board review and approval. The board shall review an application within thirty (30) days after it is filed. The board shall notify the applicant and the owners of the property adjacent to each side of the property in question of the time and place where a review is to be held. Such notice shall arrive at least five (5) days before the review.

b.

The board, when it deems it necessary in order to review a particular application, may require the submission of any or all of the following items: Architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs or perspective drawings showing proposed structures and all such existing structures that are within one hundred (100) feet of the historic district and are substantially related to it visually or by reason of function, traffic generation, or other characteristics.

c.

In its review of the material submitted, the architectural review board shall examine the architectural design and the entire exterior surface, treatment of the buildings and structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the historic district. The board shall not consider any interior arrangement nor shall it make requirements except for the purpose of preventing development obviously incongruous to the historic aspects of the district. The board shall vote to approve or disapprove an application within sixty (60) days after the application is filed.

(e)

Approval of application by architectural review board: When the board finds that the proposed building, structure, alteration, repair, demolition, or sign is within the intent of this division of the City Code, the board shall issue a certificate of appropriateness and report its findings to the department of codes and compliance. A certificate of appropriateness is a written statement by the board indicating that the proposed building, use or structure fulfills the requirements of the North End/Huntington Heights District.

(f)

Disapproval by the board: Should the board disapprove the application, it shall submit to the applicant a list of the reasons for disapproval and if possible suggestions for changing the application. The applicant may review and resubmit his application.

(g)

Failure of the board to act: Should the board fail to approve or disapprove a complete application within sixty (60) days from the date of submission, the application shall be considered approved.

(h)

Appeal: Decisions of the architectural review board may be appealed by any aggrieved party to the city council for review, setting forth in writing the alleged illegality of the action of the board, provided such petition is filed within thirty (30) days after the final decision rendered by the board. The filing of the petition of appeal shall stay the decision of the board pending the outcome of the appeal, except that the filing of the petition of appeal shall not stay the decision of the board if such decision denies the right to raze or demolish a historic landmark, building or structure.

Any aggrieved party shall further have the right to appeal to the Circuit Court of the City of Newport News for review by filing a petition at law, setting forth the alleged illegality of the action of the council, provided that such petition of appeal is filed within thirty (30) days after the final decision is rendered by the council. The filing of the said petition of appeal shall stay the decision of the council pending the outcome of the appeal to the court, except that the filing of such petition of appeal shall not stay the decision of the council if such decision denies the right to raze or demolish a historic landmark, building or structure.

(Ord. No. 5356-99; Ord. No. 6221-06)

(Ord. No. 5356-99; Ord. No. 6221-06)