CHAPTER 480

An Act to provide that the governing bodies of certain counties may
perpetuate historical sites and to protect same by regulating the archi-
tectural design of structures in the area of such sites. 5 464)

[

Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:
1. § 1. ‘The governing body of any county having a population exceeding
two hundred forty thousand may adopt an ordinance setting forth the
historic landmarks within the county as established by the Virginia His-
toric Landmarks Commission, and any other buildings or structures within
the county having an important historic interest, amending the existing
zoning ordinance and delineating one or more historic districts adjacent
to such landmarks, buildings and structures, provided that such amend-
ment of the zoning ordinance and the establishment of such district or
districts shall be in accordance with the provisions of Article 8, Chapter
11, of Title 15.1 of the Code of Virginia. Such ordinance may include a
provision that no building or structure, including signs, shall be erected,
reconstructed, substantially altered or restored within any such historic
district unless the same is approved by the Board of Supervisors of such
county as being architecturally compatible with the historic landmark,
building or structure therein. The Board of Supervisors may provide for
an Architectural Review Buard to assist it in its determination. No such
historic district shall extend further than one-quarter mile from the prop-
erty line of the land pertaining to any such historic landmark, building or
structure.

§ 2. Subject to the provisions of Section 3 hereof, the Board of
Supervisors of such county may provide in such ordinance that no historic
landmark, building or structure within any such historic district shall be
razed or demolished until the razing or demolishment thereof is approved
by the Board of Supervisors after consultation with such Architectural
Review Board.

§ 3. The Board of Supervisors of such county shall provide by ordi-
nance for appeals to the Circuit Court for such county from any final
decision of the Board of Supervisors pursuant to §§ 1 and 2 hereof
and shall specify therein the parties entitled to appeal such decisions,
which such parties shall have the right to appeal to the Circuit Court for
review by filing a petition at law, setting forth the alleged illegality of the
action of the Board of Supervisors, provided such petition is filed within
thirty (30) days after the final decision is rendered by the Board of Super-
visors. The filing of the said petition shall stay the decision of the Board
of Supervisors pending the outcome of the appeal to the Court, except that
the filing of such petition shall not stay the decision of the Board of
Supervisors if such decision denies the right to raze or demolish a historic
landmark, building or structure. The Court may reverse or modify the
decision of the Board of Supervisors, in whole or in part, if it finds upon
review that the decision of the Board of Supervisors is contrary to law or
that its decision is arbitrary and constitutes an abuse of discretion, or it
may affirm the decision of the Board of Supervisors.

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 of Section 2 hereof, shall, as a matter of
right, be entitled to raze or demolish such landmark, building or structure
provided that: (1) he has applied to the Board of Supervisors for such
right, (2) the owner has for the period of time set forth in the time
schedule hereinafter contained 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 such county or to any person,

, corporation, government or agency thereof, or political subdivision or
agency thereof, which gives reasonable assurance that it is willing to
preserve and restore the Jandmark, 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 expira-
tion 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 Board of Supervisors, whether instituted by the owner or by any
other proper party, notwithstanding the provisions heretofore stated rela-
ting 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 Board
of Supervisors, but thereafter the owner may renew his request to the
Board to approve the razing or demolishment of the historic landmark,
building or structure. The time schedule for offers to sell shall be as follows:
3 months when the offering price is less than $25,000.00; 4 months when
the offering price is $25,000.00 or more but less than $40,000.00; 5 months
when the offering price is $40,000.00 or more but less than $55,000.00;
6 months when the offering price is $55,000.00 or more but less than
$75,000.00; 7 months when the offering price is $75,000.00 or more but less
than $90,000.00; and 12 months when the offering price is $90,000.00 or
more.

§ 4. The Board of Supervisors of such county is authorized to acquire
in any legal manner any historic area, landmark, building or structure,
land pertaining thereto, or any estate or interest therein which, in the
opinion of the Board of Supervisors should be acquired, preserved and
maintained for the use, observation, education, pleasure and welfare of the
people; provide for their renovation, preservation, maintenance, manage-
ment and control as places of historic interest by a department of the
county government or by a board, commission or agency specially estab-
lished by ordinance for the purpose; charge or authorize the charging of
compensation for the use thereof or admission thereto; lease, subject to
such regulations as may be established by ordinance, any such area,
property, lands or estate or interest therein so acquired upon the condition
that the historic character of the area, landmark, building, structure or
land shall be preserved and maintained; or to enter into contracts with any
person, firm or corporation for the management, preservation, maintenance
or operation of any such area, landmark, building, structure, land pertain-
ing thereto or interest therein so acquired as a place of historic interest,
provided, the county shall not use the right of condemnation under this
paragraph unless the historic value of such areas, landmark, building,
structure, land pertaining thereto, or estate or interest therein is about to
be destroyed.