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Town of Lawrenceville, Virginia HISTORIC DISTRICT ORDINANCE (HDO) April, 2009

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Town of Lawrenceville, Virginia

HISTORIC DISTRICT ORDINANCE (HDO)

April, 2009

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TOWN OF LAWRENCEVILLE, VIRGINIA

HISTORIC DISTRICT ORDINANCE (HDO) To be added as an amendment to the existing Code of the Town of Lawrenceville as Appendix A, Article 23.

THE CODE OF THE TOWN OF LAWRENCEVILLE, VIRGINIA Published by Order of the Town Council Adopted: Effective:

Officials of the Town of Lawrenceville: Mayor Douglas R. Pond

Council Joyce D. Bland H.B. Brockwell, Jr. Harry S. Holman Scott E. Martin Esther B. Sanderson Robert F. Pecht, III

Town Manager Carl J. Dean

Town of Lawrenceville 400 North Main Street, Lawrenceville, Virginia 23868 Phone: 434-848-2414 Programmatic assistance provided by:

Virginia Department of Housing and Community Development Town planning and research assistance provided by:

Jonathan Brown, Public Realm Planners 3309 Hanover Avenue Richmond, VA 23221 [email protected]

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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CONTENTS: Article 23: HISTORIC DISTRICT (OVERLAY) ORDINANCE

23-1: STATEMENT OF PURPOSE AND INTENT 23-2: OVERLAY ZONING CONCEPT AND PLANNING

23-2a: Conceptual basis 23-2b: Power to establish

23-3: DEFINITIONS 23-4: HISTORIC DISTRICT BOUNDARIES (MAP) 23-5: GENERAL DEVELOPMENT STANDARDS

23-5a: Ancillary structures 23-5b: Building heights 23-5c: Building exterior appearance 23-5d: Crosswalks 23-5e: Residential Densities 23-5f: Facades 23-5g: Fencing 23-5h: Lot Coverage and Floor Area Ratio 23-5i: Landscaping 23-5j: Land Uses 23-5k: Lighting 23-5l: Parking 23-5m: Screening 23-5n: Public Signage 23-5o: Private signage 23-5p: Streetscapes

23-6: ARCHITECTURAL GUIDELINES 23-7: PERMITTING AND APPROVAL PROCESS 23-8: INVENTORY OF HISTORIC STRUCTURES 23-9: APPEALS 23-10: VIOLATIONS AND PENALTIES 23-11: APPENDIX: 23-11a: Existing regulations

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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23-1: STATEMENT OF PURPOSE AND INTENT The Town of Lawrenceville recognizes the value and importance of the creation of a separate regulated zone for its downtown, from here referred to as “the DISTRICT”. This overlay is a specific regulatory tool that provides the framework for future development in accordance with the Town’s 2007 Vision and development goals. The Lawrenceville Vision statement’s pream-ble:

Historic Lawrenceville is the vibrant shining star of Southern Virginia. Downtown Law-renceville is an eclectic, walkable, charming area enriched by an interaction between higher education institutions and a diverse local community. A wonderful quality of life makes Lawrenceville’s downtown a destination for nature lovers, business leaders, entre-preneurs and artists. The town has a reputation as a welcoming and warm respite for families, students, historians and visitors from across the nation.

In an effort to fulfill this Vision, the overlay is intended to provide a more secured investment environment, a transparent and swift approval process for new and redevelopment proposals, and protection of Lawrenceville’s historic and cultural assets. Development and redevelopment within the DISTRICT will also be compatible with and promote the following Town objectives: 23-1a. Encourage development that is aligned with the Town’s 2008 Comprehensive Plan objectives. 23-1b. Encourage development that is aligned with the Town’s 2008 revitalization plan.

23-1c. Encourage the development of r esidential, commercial, institutional, and mixed -use buildings that increase business activities, enhance historic typologies, and that make eco-nomic restructuring possible. 23-1d. Improve the Town’s pedestrian environment and civic amenities to create inviting and valuable public spaces. 23-1e. Protect Lawrenceville’s significant historic buildings and structures.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

2008 Lawrenceville Comprehensive Plan., Chapter V: Plan for the Future., part 5: Future Land Use Trends and Likely Development Sce-narios., pp. V-7 through V-9. The plan recommends the creation of overlay zones for areas in and directly adjacent to downtown. It also recom-mends amending the zoning ordinance to allow for housing above ground floor retail. Land Planning and Design Associates,. Draft Downtown Revitalization Plan., pp. 11-27. The recently submitted plans for revitalization discusses an array of creative ways to enhance Lawrenceville’s downtown, including improving sidewalks, crosswalks, and increasing the area of pedestrian space. Façade improvements to buildings along streets is also seen as a way to mitigate blight in downtown. Amenities that are applicable to this ordinance can be found in the plan’s recommendations for physical improvements. “Site Furnishings” such as Benches, Plant-ers, Trash receptacles, and Light Posts are all recommended improvements. Some emphasis was also placed upon including the proper street trees and signage throughout downtown. Accordino, John., Wilson, Craig., Lawrenceville Downtown Enhancement Plan, Part II: Marketing/Branding and Economic Restructur-ing Plans. Plan calls for strategies to incorporate increased retail activity especially in the food preparation and dining markets. It also calls for downtown, market rate housing. The overlay intends to provide the regulatory framework for these recommendations.

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23-2: OVERLAY ZONING CONCEPT AND PLANNING

23-2a. Conceptual basis

The concept of the overlay zone was originally developed, in part, as a response to the rigidity and complexity of conventional Euclidean land use regulations that provide little flexibility and greater constraints when trying to redevelop or improve land. The overlay is a complete zone placed on top of a designated area or zone identifying special provisions or covenants in addition to, or in place of, the original zone. As a planning tool, special incentives can be written into the overlay that provide for an easier approval process as well as a more secure investment environment. Overlays also create a mechanism to implement comprehensive plan objectives for local government and help to coordinate land use and transportation planning. For example, many towns maintain historic districts and have very specific covenants that must be followed when building or redeveloping a site. Development within a historic overlays often include standards for form including, paint color, architectural type, lot size, tree species, sidewalks, street width, and other details that affect appearance. Other overlays may focus upon the use of land such as natural resource protection overlays which may have incentives toward “green” building practices, walkability, and higher densities. Some of the direct benefits of the overlay is the potential for attracting development. By securing an area with an overlay, it sends a strong message to the development community that their investment is safe and will not be undermined by incompatible uses.

23-2b. Power to Establish

2b-i. Title. An ordinance regulating and restricting the use of buildings, structures, and land, and providing for the administration, enforcement and amendment thereof in the Town of Lawrenceville, and for said purpose of dividing the town into districts. This ordinance shall be known and cited as the "Zoning Ordinance of the Town of Lawrenceville, Vir-ginia." 2b-ii Author ity Whereas, by act of the General Assembly of Virginia, Code of Virginia, § 15.2-2280 et seq., and amendments thereto, any locality may, by ordinance, classify the territory un-der its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

The use of land, buildings, structures and other premises for agricultural, business, industrial, residen-

tial, floodplain and other specific uses;

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, mainte-nance, razing, or removal of structures;

The areas and dimensions of land, water, and air space to be occupied by buildings, structures and

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

Euclidean here is used to denote any zoning pattern that segregates all land uses to a point where mobility is feasible primarily by individual automobile and income levels are stratified. The Code of the Town of Lawrenceville, Virginia., Appendix A., Zoning., Article 1, Title, Authority, Purpose., 2006 Municode.com

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uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, includ-ing variations in the sizes of lots based on whether a public or community water supply or sewer sys-tem is available and used; or

The excavation or mining of soil or other natural resources

2b-iii. Purpose, intent. Be it therefore ordained by the Lawrenceville Town Council upon recommendation of the Town of Lawrenceville Planning Commission and having given due notice of public hearings on the proposed zoning ordinance and having held such hearings, that the zon-ing regulations and districts herein set forth are for the purpose of promoting and im-proving public health, safety, convenience or welfare and to plan for the future develop-ment of the town and of further accomplishing the objectives of Code of Virginia, § 15.2-2200 et seq., as amended, and therefore, the following is hereby known as the Zoning Ordinance of the Town of Lawrenceville, Virginia, together with the accompanying Of-ficial Zoning Map. This zoning ordinance is inclusive by design. This ordinance allows uses specifically identified with the ordinance. Uses not specifically identified within the ordinance are not allowed. This ordinance has been designed to:

Provide for adequate light, air, convenience of access, from fire, flood, and other dangers;

Reduce or prevent congestion in the public streets;

Facilitate the creation of a convenient, attractive and secure community;

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, trans-portation, water, flood protection, parks, playgrounds, forests, recreational facilities, and other public requirements;

Protect against one or more of the following: overcrowding of land, undue density of population in rela-tion to the community facilities existing or available, obstruction of light or air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic, or other dangers; and

Encourage economic development activities that provide desirable employment and enlarge the tax base.

2b-iv. Matters considered in the drawing of this ordinance. This zoning ordinance and map are developed with reasonable consideration for the ex-isting use and character of property; and the existing land use plan, the suitability of property for various uses, the trends of growth or change, the current and future require-ment of the town as to land for various purposes as determined by population and eco-nomic studies and other studies; the transportation requirements of the town; the hous-ing, parks, playgrounds, recreation areas, and other public services; for the conservation of natural resources, and the preservation of floodplain, and the conservation of proper-ties and their values and the encouragement of the most appropriate use of land through-out the town.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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23-3. DEFINITIONS

23-3a. Ancillary - Ancillary buildings are secondary structures that are nearly adjacent to a primary building often used for garages, offices, workshops, small apartments, or storage. Within traditional neighborhoods, ancillary dwellings play a critical role in providing af-fordable housing as well as supplemental income for property owner.

23-3b. Cornices - An outward projecting element upon the top of a building that visually frames or “crowns” the structure.

23-3c. Bollards - A strong and decorative post that can be used to frame a public space for pedestrians. 23-3d. Kiosks - A large, permanent structure used for displaying important information about a place. Uses for kiosks include town maps, event displays, municipal notices, news-papers and periodicals, refreshments, and in some cases small retail items. 23-3e. Lintels - A horizontal support beam above a door or window. 23-3f. Massing - The relationship between a structures size and shape with its adjacent sur-roundings. 23-3g. Mission style - usually referred to when describing the architectural details of histor-ic Spanish missions of the 19th century where an emphasis on archways, arcades, and plas-tered stucco were characteristic. 23-3h. Pilasters - any column on a building that is only slightly protruding from the face of a wall or acting solely ornamental, such as on the edges of an entrance. 23-3i. Porticos - A portico is a large porch at the entrance of a building with a roof and col-umns. 23-3j. String course - often made of brick, the string course is a band of larger or protruding masonry that emphasizes the separation between floors or elements of a building. 23-3k. Typologies - The study or classification of types according to distinct characteristics. 23-3l. Xeriscaping - gardening or plant production that requires little or close to no water. Xeriscaping is often used in extreme dry climates and upon roof-tops.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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23-4. HISTORIC DISTRICT BOUNDARIES (extents to be determined)

LAWRENCEVILLE VILLAGE DISTRICT OVERLAY ORDINANCE

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23-5. GENERAL DEVELOPMENT STANDARDS 23-5a. Ancillary structures: For those structures that accompany or play an accessory role toward a primary building, the following standards apply:

i. exterior features upon the primary building that are of an original or historic character shall be retained or incorporated during new construction. This includes, but is not limited to, walls, windows, roof lines, doors, paint colors, general build-ing materials, fencing, walkways, and landscaping. ii. Any ancillary structures used for residential purposes must follow existing gen-eral building codes of the Town.

23-5b. Building Heights: The general building height of any new construction shall not exceed 4 stories or 50 feet. Neighboring buildings shall maintain an equal or single story differ-ential. 23-5c. Building Exterior Appearance: Building design for rehabilitation and new con-struction shall match that of existing buildings in the DISTRICT and should strive to emulate the following design characteristics:

5c-i. The architectural massing of buildings should show a defined base, middle, and top segments and shall not exceed 80 ft in horizontal width on any one street facing building 5c-ii. Corner buildings shall incorporate side walls as frontage, with windows and awnings so as to encourage visibility and attractive street-life. Corner buildings are encouraged to be used for alfresco dining establishments. 5c-iii. For all non-dining, general uses, awnings and canopies shall generally be required for all buildings at the ground level and shall not extend more than 4 ft over the sidewalk and not less than 3 ft from the building. The goal is a unified appearance of entrances. Colors and materials are approved by the DISTRICT commission. 5c-iv. Building materials: when replacing building materials within the DIS-TRICT consideration shall be taken to insure compatibility with existing historic materials. 5c-v. Lawrenceville typological details: various details that exist in Lawrence-ville’s historic buildings should be emulated as often as possible such as unique and historic windows, doors, signage, cornices, finials, etc. (see Diagram 2: Anat-omy of historic district building façade)

23-5d Crosswalks: Where possible crosswalks shall include curb extensions to increase pedestrian safety and street attractiveness. Crosswalk width should be no less than 6 feet at both end and mid-block crossings. Crosswalks shall be constructed of a brick, stone, or mason-ry material and be of a compatible color.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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23-5e. Residential Densities: Prior to this ordinance, residential densities within Law-renceville’s historic downtown were not regulated. Any future residential development within the district shall be a minimum of 30 units per acre for apartments and condominiums or a max-imum of 30 for mixed use buildings. These densities will provide for a compatible appearance to the existing buildings on Main Street. (add images) While there may exist some instances for 15-18 units per acre townhouse densities, such as along borders and gateways, single family detached shall not be permitted within the district. 23-5f. Facades: Facades shall follow the general recommendations outlined within the current Downtown Revitalization Plan. Generally speaking, facades should be constructed and articulated with a variety of materials to provide some visual stimulation to pedestrians, in-cluding varied colors and materials historic to Lawrenceville. Windows and balconies are en-couraged to provide added street life and safety. Reflective glass and exposed cinder block is not permitted. Entryways to buildings shall be emphasized as well as first floor windows. The following architectural amenities are encouraged during the new construction of buildings with-in the DISTRICT. Cornices, string course, window sills, outdoor patios, lintels, pilasters, porti-cos, and window boxes. 23-5g. Fencing: Fencing is prohibited throughout the district accept for areas that may be specifically dedicated to single family detached housing or screening. (see screening) The type of fenc-ing acceptable includes 4 foot

LAWRENCEVILLE VILLAGE DISTRICT OVERLAY ORDINANCE

(See Part VI, Architectural Guidelines)

Diagram 2: Anatomy of a historic district building façade. shows the various details expected to include when constructing a new or rehabilitating an existing mixed-use building façade.

TOP / CORNICE A decorative support

projecting from the top of an ex terior wall

MIDDLE The “Middle” includes

distinct brickwork and windows and can be 1-3

stories of non-retail

uses.

BASE The “Base” typically is

for retail uses and is distinct in its area of glass and framing.

BULKHEAD Area separating the

sidewalk and the win-dow. Could be made of wood, tile, or decorative

metal

PILASTERS A decorative vertical

element upon corners, windows and doorways.

DISPLAY WINDOW Polished glass that

stretches from the top to the bottom of the BASE.

TRANSOM Operable windows

above doors or display windows. Transoms can be made of decorative,

stained, or clear glass.

ROSETTE Decorative element

connecting columns to lintels

LINTEL Structural support for

upper or parapet wall

SILL A horizontal element at

the base of a w indow

WINDOW HOOD A projecting member on

top of w indow intended for support and visual

drama. Usually made of

stone.

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wood picket or iron fencing that is of a wrought, mission, or other ornamental pattern subject to the approval of the DISTRICT commission. 23-5h. Lot Coverage and Floor Area Ratio (Main Street F.A.R.): Both the Lot Cover-age as well as the Floor Area Ratio (FAR) shall follow the traditional pattern of existing Main Street buildings. The existing FAR is approximately 1:.5 to 1:1. Stories above 2 are acceptable within the DISTRICT when this set-backs are followed, however, single storied buildings are not permitted. (see Diagram 1 for lot coverage for building footprints) Careful attention toward building frontage shall ensure a continuous street wall with building orientations that are paral-lel and address the street, avoiding gaps between facades. Setbacks within the district shall be 0 with Side-Yards generally 0 unless otherwise permitted by commission.

23-5i. Landscaping: permitted land-scaping within the district shall consist of street trees, hanging baskets, planter boxes, and roof-top gardens or xeriscaping. Within those areas where land uses are primarily residential, any major landscaping alterations shall be submitted to the DISTRICT commission for approval in the form of a landscape plan that includes the species of plants and their position on the proper-ty. The intent of the ordinance is to preserve the historic character and uniform look of the DIS-TRICT. For a list of acceptable street trees, refer to the Lawrenceville 2008 Revitalization Plan, Appendix E “Shade Trees”. 23-5j. Land Uses: The use of land within the distr ict shall follow a pattern of mixed us-es for lots and buildings. Generally speaking, commercial, institutional, civic, office, and resi-dential shall be incorporated into the Village. Commercial examples may include yet are not limited to: restaurants, cafés, bakeries, florists, dry cleaners, banks, pharmacies, antique shops, arts and crafts supplies, book stores, general retail stores, apparel, pet shops, tobacco shops, hardware, general office supplies, telecommunications retailers, hotels, hostels, and any other commercial businesses suitable for the scale and themes for downtown. Institutional or civic uses suitable yet not limited to: government offices, libraries, local

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

Diagram 1: Distinguishing Floor Area Ratio (F.A.R). shows three separate ways to achieve F.A.R. of 1:1. The Lot Coverage can be seen in 100, 50, and 25% examples. The Setbacks and Side-Yards are seen as acceptable when at zero (0). Stories greater than 2 are acceptable when setbacks and Side-Yard setback requirements are followed.

1-story @ F.A.R. =100%

2 stories @ F.A.R. = 50%

4 stories @ F.A.R. = 25%

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health and human services buildings, college offices, classrooms, and bookstores, etc. Office uses shall be typically located above retail unless otherwise granted by Town. Residential uses suitable for the Village District shall include second story and above apart-ments, condominiums, and assisted living facilities. Live/work arrangements are encouraged throughout the DISTRICT as well. 23-5k. Lighting: Public lighting styles for the distr ict shall be contiguous throughout streets and public spaces, unless otherwise needed for special circumstances. 23-5l. Parking: all parking shall be located behind buildings with entrances from the side or rear. Parking decks are permitted behind buildings only. 23-5m. Screening: Proper screening shall be employed to trash collection areas, loading areas, transformers, and HVAC systems. Screening shall be constructed with the intent of matching the materials and characteristics of the adjacent buildings. Where public utilities are concerned the Town shall maintain a uniform design and type for all screening. 23-5n. Public Signage: A standardized sign type and mater ial shall remain contiguous for all public signs, including those for traffic, information, and direction. Informational signs shall follow the recommendations of the Downtown Revitalization Plan. The color for all mu-nicipal signs within the district shall be dark brown with white, Times New Roman, or similar font. (see Part O-ix “color scheme”) Private signage shall attempt to conform to the following basic principles for size and design: 23-5o. Private Signage: All new and improved signage shall be submitted to the DIS-TRICT commission for approval prior to construction. i. Ground-level, on-site signs: Unless otherwise specified, there shall be no private, on-site ground level signs permitted within the DISTRICT. ii. Window signs: Any permanent or non permanent signs that are placed inside the store front glass shall be limited to 25% of the window area iii. Projecting signs: Any sign projecting outward shall not exceed 1/3 the width of the sidewalk, nor shall the sign extend 3-feet beyond the first floor elevation. iv. Flush-mount signs: Flush-mounted signs shall stay within 75% of the width of the building frontage and shall not exceed 42 inches in height. 23-5p. Streetscape Amenities: 5o-i. Bicycle racks: All bicycle racks shall be inverted 36” high, 24” wide, u-shaped, 2

inch in diameter pipes painted brown to denote village district. Racks should be places adja-cent to curb and parallel to street.

5o-ii. Bollards: Bollards shall be used as either permanent or temporary (removable) bar-

riers to vehicular traffic in key locations within the district. They shall be made of a style complimentary to rest of village amenities and be between 30” and 40” high and between 30” and 60” apart. Bollards shall be made to hold connecting chains where necessary.

5o-iii. Benches and movable chairs: Benches shall reflect the historic nature of the Town

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

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and be made of durable material, preferably cast iron. Benches shall be constructed with center arm rests to avoid sleeping. Movable chairs shall be located only within areas desig-nated as public parks or pedestrian streets and should be made of an inexpensive material. .

5o-iv. Alfresco dining areas: These areas shall maintain awnings or umbrellas above all

tables, shall be wrapped with chain and bollards to distinguish from public areas, and shall have Movable chairs made of a durable material. Plastic chairs and tables are not permitted. (See examples of chairs recommended) Tables shall be either square or round not to exceed seating for 4. Wooden “picnic” style tables are forbidden.

5o-v. Newspaper stands and kiosks: Newspaper and free periodical or informational

stands shall be singular units that house 4-6 periodicals, painted dark brown or black. Stands shall be conveniently located at strategic locations within the district adjacent and parallel to curb. Informational Kiosks shall be made to reflect the historic scheme of the district, allow areas for public information, and Town and County message boards.

5o-vi. Recycling and waste receptacles: There shall be receptacles for both recycling and

waste management along streets. Waste receptacles shall be constructed of a durable material such as iron preferably matching other amenities such as chairs and benches. Recycling re-ceptacles shall be directly adjacent to waste and be highlighted with special language of sym-bols that distinguish it from waste cans. Recycling receptacles should also be covered with an durable plastic lid with a 4 inch hole to guard against unwanted materials.

5o-vii. Public art. Public art is encouraged throughout the district and should be con

structured of a durable material that can withstand outdoor elements. 5o-viii. Street vending. Street vending is encouraged within designated areas of the dis-

trict. Pull carts may be placed upon sidewalks but may not obstruct pedestrian traffic. Pull carts may only be stationed parallel to curbs and never upon or in front of doorways or win-dows. Pull carts may also be placed within any available parking space with wheels adjacent to curb. Pull cart or vending table sizes may not exceed 15 square feet’ in area.

5o-ix. Color scheme: A uniform color scheme for public amenities is critical for maintain-

ing contiguity, visual drama, and a secured investment environment. The following is a gen-eral color palette for all public structures such as street lamps, traffic lights, traffic poles, wayfinding signs, traffic signs, street signs, way-finding signs, gateway signs, waste and re-cycling receptacles, bicycle racks, benches, bollards, and seasonal street pole banners, etc.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

U. S. Department of the Interior., National Park Service., Lawrenceville Historic District., Lawrenceville, Virginia National Register of Historic Places Continuation Sheet Section 7 Page 1.

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23-6. ARCHITECTURAL GUIDELINES: (determined by architect) 23-7. PERMITTING AND APPROVAL PROCESS: 23-7a. State law ref-erences: Penal- ties for viola-tion of ordinanc- es, Code of Vir-ginia, § 15.2- 1429.

Thirti- eth. To pass and en- force all by-laws, rules, regulations and ordinances which it may deem necessary for the good order and government of the town, the management of its property, the conduct of its affairs, the peace, comfort, convenience, order, morals, health and protection of its citizens or their property, and to do such other things and pass such other laws as may be necessary or proper to carry into full effect, all power, authority, capacity, or jurisdiction, which is or shall be granted to or vested in said town, or in the council or officers thereof, or which may be necessarily incident to a municipal corporation. State law references: Counties, cities and towns, Code of Virginia, title 15.2; powers of cities and towns, Code of Virginia, § 15.2-1100 et seq.

23-7b. Incentives: Approvals for conforming uses within the Village Distr ict will be given special pr i-ority over non-conforming and other Town applications for building, rehab, and zoning. (tap fee waiver, density bonus, other) The intent is to create an attractive development environment for investors. 23-7c. Existing regulations: For all other per mitting regulations refer to The Code of Lawrenceville, Virginia, Part II Code of ordinances, Appendix A: Zoning; Article 12 “Site Plan Review Requirements”, Article 13 “General Provisions”, Article 14 “Provisions for Appeal”, and Article 15 “Violation and Penalty”.

23-8. INVENTORY OF HISTORIC STRUCTURES

“The Lawrenceville Historic District includes a large part of the incorporated area of the county seat of Brunswick County. The district includes the historic core, the courthouse square, several commer-cial blocks of the late 191h and early 20" centuries lining Main and Hicks streets and residential are-as with dwellings primarily from the last quarter of the 19th century through 1940. The largest con-centration of domestic architecture is from the period 1890 to 1920, built principally for the labor force of the Atlantic and Danville Railroad. Among the styles of architecture represented are Feder-al, Greek Revival, Queen Anne, Bungalow, Craftsman, American Four-Square and Colonial Revival. Public resources include a 1906 elementary school, a baseball diamond complex built by the CWA and WPA in 1934 and 1935. Saint Paul's College, founded in 1888,0ccupies a large site in the north-ern part of the historic district.”

CHURCH STREET

104 Church Street, 1940, l story, masonry, store, Commercial Style. 104-A Church Street, 1956, 2 story, masonry, store, Commercial Style, NOT CONTRIBUTING. 106 Church Street, 1890, 2 story, frame, apartment, Late 19th-Early 20th Century Movement. 108 Church Street, 1924, 2 story, masonry, apartment, Commercial Style. 112 Church Street, 1948, 2 story, masonry, store, Commercial Style. 114 Church Street, 1895, 2 story, masonry, triplex, Colonial Revival. 300 Church Street, 1906, 2 story, masonry, church, Gothic Revival. 302 Church Street, 1900, 1 story, frame, single family, Late 19th- Early 20th Century American Movement. 306 Church Street, 1890, 2 story, frame, single family, Colonial Revival. 319 Church Street, 1948, l story, masonry, medical office, Rectangular Plan, NOT CONTRIBUTING. 402 Church Street, 1930, 1 1/2 story, masonry, single family, Late 19th -Early 20th Century American Move-ment. 405 Church Street, 1905,2 story, frame, single family, Late 19th-Early 20th Century American Movement.

LAWRENCEVILLE HISTORIC DISTRICT ORDINANCE

black mahogany dark brown copper red light brown cream

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502 Church Street, 1937,2 story, masonry, single family, Tudor Revival. 504 Church Street, 1936,2 story, masonry, single family, Colonial Revival.

COURT STREET

216 Court Street, 1900, 2 story, masonry, office, Craftsman. 302 Court Street, 1870, 2 story, frame, duplex, mid-1 9th Century.

HICKS STREET

102 East Hicks Skeet, 1910, 3 story, masonry, office, Commercial Style. 110 East Hicks Street, 1915, 2 story, masonry, store, Commercial Style. 300 East Hicks Street, 1935, l story, frame, swim pool, No Style. 300 East Hicks Street, 1935, swimming pool structure, concrete, No Style. 108 North Hicks Street, 1890, 2 story, frame, store, No Style Listed. 129 North Hicks Street, 1960, l story, masonry, store, Modem Movement, NOT CONTRIBUTING. 0 Hicks Street, 1956, two-lane, cast in place Steel reinforced bridge, concrete with Gothic railing & NOT CONTRIBUTING 101 South Hicks Street. 1954. 1 story. Masonry . motor garage. Commercial Style, NOT CONTRIBUTING. 102-4 South Hicks Street, 1924, 1 story. Masonry, Commercial style. 106 South Hicks Street, 1915, 2 story, masonry, office, Colonial Revival. 201 South Hicks Street, 1900, 2 story, frame, single family, Late 19th and 20th Century Revivals. 301 South Hicks Street, 1900, 1 story, frame, single family, Other. 303 South Hicks Street, 1900, 1 story, frame, single family, Late 19th-Early 20th Century American Move-ments. 304 South Hicks Street, 1901, sanctuary w/ 2 story classroom/office wing, masonry, church, Late Gothic Re-vival. 401 South Hicks Street, 1900, 2 story, frame, single family, Other. 403 South Hicks Street, 1900, 2 story, frame, single family, Other. 405 South Hicks Street, 1900, 1 story, frame, single family, Late 19th and 20th Century Revivals. 409 South Hicks Street, 1980, l story, masonry, Post Office, Other, NOT CONTRIBUTING. 411 South Hicks, 1942, altered 1991, l and 2 story, masonry, office, Other, NOT CONTRIBUTING 102 West Hicks Street, 1915, 3 story, masonry, store, Commercial Style. I06 West Hicks Street, 1928, 2 story, masonry, store, Commercial Style. 108 West Hicks Street, 1928, l story, masonry, store, Commercial Style. 112 West Hicks Street, 1930, 2 story, masonry, store, Modem Movement. 114-A West Hicks Street, 1924, l story, masonry, store, Modem Movement. 114-B West Hicks Street, 1914, 3 story, masonry, store, Commercial Style. 118 West Hicks Street, 1913, 2 story, masonry, store, Commercial Style. 126 West Hicks Street, 1986, l story, steel, mobile home/store, Other, NOT CONTRIBUTING. 128 West Hicks Street, 1919, 2 story, masonry, store, Commercial Style. 130 West Hicks Street, 1922, 2 story, masonry, store, Commercial Style. 132 West Hicks Street, 1922, 2 story, masonry, store, Italian Renaissance. 1 13 West Hicks Street, 1899, 2 story, masonry, store, Commercial Style. 1 15 West Hicks Street, 1900, 2 story, masonry, store, Commercial Style. 121 West Hicks Street, 1902, l story, masonry, store, Commercial Style. 123 West Hicks Street, 1956, 1 story, masonry, store, Commercial Style, NOT CONTRIBUTING. 127 West Hicks Street, 1925, l story, masonry, store, Commercial Style. 129 West Hicks Street, 1928, l story, masonry, store, Commercial Style. 133 West Hicks Street, 1930, 1 story, masonry, library annex, Commercial Style. 135 West Hicks Street, 1916, 3 story. masonry. library. International Style. 137 West Hicks Street, 1941, 1 story & masonry; store,-commercial style. 139 West Hicks Street, 1900. 1 story. masonry. store. Commercial Style. 141 West Hicks Street, 1900, 1 story & masonry ; store; Commercial style

NORTH MAIN STREET - EVEN SlDE

102 North Main Street, 1950, 1 and 2 stories, masonry, Lodge Hall, No Style Listed, NOT CONTRIBUTING. 104 North Main Street, 1947, 1 ID story, frame, single family, Colonial Revival. 108 North Main Street, 1924, 1 story, masonry, warehouse, Commercial Style. 202 North Main Street, 1998, 3 story, masonry, courthouse, Classical Revival, NOT CONTRIBUTING.

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23-9. APPEALS. (To be determined by DISTRICT commission and Council) 23-10. VIOLATIONS AND PENALTIES. (To be determined by DISTRICT commission and Council) 23-11. EXISTING RENTAL INSPECTION DISTRICT CODES

23-11a. Existing regulations BUILDING AND BUILDING REGULATIONS Article II. IDENTIFICATION AND INSPECTION OF RENTAL DWELLING UNITS DIVISION 3. GENERALLY Sec. 18-75. Purpose and Intent.

This article is hereby amended and restated so as to bring it into compliance with Code of Virginia (1950), as amended, §36-105.1. Sec. 18-76. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Codes Compliance Administrator means the Town Manager or others who are appointed by the Town Council.

Dwelling unit means a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household. The term “dwelling unit” shall not include hospitals, nursing homes, con-valescent homes or similar facilities providing medical care to the aged, infirm or disabled.

Residential rental dwelling unit means a dwelling unit that is leased or rented to one or more tenants month to month or for any period in excess of thirty (30) days including, but not limited to, condominiums, manu-factured or mobile homes, single-family detached dwellings, duplex dwellings, townhouse dwellings or multifami-ly dwellings (which shall include efficiency apartments and condominiums). However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom, unless otherwise provided in the zoning ordinance by the local governing body.

Multiple-Family Complex means any structure, consisting of 10 or more dwelling units under common ownership and occupied for valuable consideration. The term “multiple-family complex” shall not include mobile homes under common ownership in a mobile home park or subdivision; nor shall such term include single‑family detached dwellings, duplex dwellings, or townhouse dwellings under common ownership.

Owner means the person or entity shown on the current real estate assessment books or current real es-tate assessment records of the Town or the fee simple titleholder of the property if ownership has changed since such tax assessment records were last updated.

Conditions which immediately affect safe, decent and sanitary living conditions of persons occupying a residential rental dwelling unit include items that violate fire safety; lack of or poor condition of sanitary facilities; absence of adequate heating systems or equipment; items which affect the safe operation of electrical and mechani-cal systems; items which affect structural integrity of the building and/or the ability of the building envelope to keep out weather, or one or more other conditions that if not corrected would be reasonably expected to become conditions that affect the safe, decent and sanitary living conditions of the occupants.

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The Code of the Town of Lawrenceville, Virginia., Chapter 18, Building and Building Regulations., 2006 Municode.com., (Section numbers correspond to existing code and not to this amendment.)

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Disqualifying Violation includes those conditions which affect safe, decent and sanitary living conditions

of persons occupying a residential rental dwelling unit, or other conditions that violate the provisions of the Virgin-ia Uniform Statewide Building Code, or multiple building code violations that indicate in their totality that the dwelling unit is not being properly maintained. DIVISION 4. RENTAL INSPECTION DISTRICTS Sec. 18-77. Factors for Establishing Rental Inspection Districts. After holding a duly advertised public hearing as required by §36-105.1 C1 of the Code of Virginia, Town council finds that within the inspection districts described in Section 18-78 herein below (i) there is a need to protect the public health, safety and welfare of the occupants of dwelling units inside the designated rental inspection districts; (ii) the residential rental dwelling units within the designated rental inspection districts are either (a) blighted or in the process of deteriorating, or (b) the residential rental dwelling units are in the need of inspection by the code compliance administrator to prevent deterioration, taking into account the number, age and condition of residential dwelling rental units inside said rental inspection districts, and (iii) the inspection of residential rental dwelling units inside the rental inspection districts is necessary to maintain safe, decent and sanitary living conditions for tenants and other residents living in the rental inspection districts. Sec. 18-78. Rental Inspection Districts Established.

Based upon the findings of Town council as set forth in Section 18-77 hereinabove, the following areas are included and hereby declared to be rental inspection districts which are subject to the requirements of this arti-cle: District 1 – The district shall be bounded as follows: the district shall be begin at the intersection of Wind-

sor Avenue and Church Street, and proceed up Windsor to the intersection of Park Street, proceed down park to the intersection New Street, proceed up New Street until the Davie Street intersection, proceed down Davie Street until the intersection of Church Street, and proceed up Church Street until it intersect-ing Windsor Avenue. All houses inside this boundary line would be in District One.

A map showing the rental inspection districts described in Section 18-78 is hereby adopted as a part of

this article, and shall be available for public inspection in the codes compliance office. Said districts are hereinafter referred to collectively as “inspection districts” and individually as “inspection district.” Sec. 18-79. Applicability.

The provisions of this article shall apply to residential rental dwelling units located within the districts identified in Section 18-78 of this article and shall further apply to certain structures located outside of such dis-tricts but meeting the requirements of 18-81(c) herein below. DIVISION 5. NOTIFICATION AND INSPECTION. Sec. 18-80. Notification.

(a) Not later than April 30, 2005, the code compliance office shall give written notice by personal deliv-ery or first class U.S. mail to all property owners located within the inspection districts of the requirement to notify the code compliance office of any real property of the owner located in an inspection district that is a residential rental property as defined hereinabove. The mailing of said notice by the code compliance administrator shall be deemed sufficient notice for purposes of this Article. (b) The owner of any residential rental dwelling unit located within an inspection district shall notify the codes compliance office in writing no later than 60 days of the implementation date of this revised article, April 12, 2005, that said property is a residential rental dwelling unit. Such notice and information shall be submitted on a form provided by the code compliance office. The form shall require the following information:

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(1) Address of the residential rental dwelling unit. (2) The name(s) of each owner of the residential rental dwelling unit and the street address (es) of the pri-mary residence of each owner of the residential rental dwelling unit.

(3) The name and street address of any responsible party or designee other than the owner.

(c) Within thirty (30) days of giving the notification required under section 18-80 (b), the owner shall con-

tact the Town code compliance office and arrange for an initial inspection of the residential rental dwelling unit by the codes compliance administrator.

(d) The owner of any residential rental unit located in an inspection district shall within thirty (30) days of title transfer, notify the code compliance office of any change of ownership of the residential rental dwelling unit.

(e) Any owner who fails to timely give any notice as required by this section shall be in violation of this article and shall be subject to such penalties and enforcement remedies as provided in section 18-86 herein below. However, failure to give timely notice in accordance with paragraph ((b) of this section shall not be deemed a vio-lation if the code enforcement office has not complied with paragraph (a) of this section. Sec. 18-81. Inspection and Certificate Required.

(a) The owner of each residential rental dwelling unit located in an inspection district shall obtain and permit an initial inspection and subsequent inspections of such residential rental dwelling unit as provided in this Section and Section 18-82. Inspections under this article shall be conducted by the Town’s code compliance ad-ministrator who is charged with the enforcement of this article. If the unit to be inspected is occupied at the time of a required inspection, it shall be the duty of the owner thereof to notify the occupants of such inspection and make the residential rental dwelling unit available for inspection.

(b) If inspection reveals that a residential rental dwelling unit has no disqualifying violations, the codes

compliance administrator shall issue a 48 month certificate of compliance for such unit. However, if one or more violations of the property maintenance provisions of the Building Code are found that do not constitute a disquali-fying violation, the existence of such non-disqualifying violations shall be noted on the 48 month certificate of compliance together with the date by which such non‑disqualifying violations must be remedied, which date shall be determined by the code compliance administrator and which date shall be reasonable. The issuance of a certifi-cate of compliance shall not be evidence of a lack of any and all building code violations, and shall not prevent the codes compliance administrator from conducting follow-up inspections regarding building code violations in the residential rental unit, whether or not the violations affect the safe decent and sanity occupancy of said unit. If a follow‑up inspection reveals that the owner has failed to remedy the noted violations by specified date, the codes compliance administrator shall issue a notice of violation, revoke the 48 month certificate of compliance and the unit shall thereafter be subject to annual inspections pursuant to Section 18-82.

(c) If inspection of a residential rental dwelling unit reveals one or more disqualifying violations, the code

compliance administrator shall not issue a certificate of compliance until the disqualifying violations are satisfacto-rily remedied. However, the code compliance administrator may issue a temporary certificate of compliance if in the opinion of the codes compliance administrator’s, such disqualifying violations do not constitute an immediate threat of injury to the occupants of such residential rental dwelling unit. If conditions warrant, however, the code compliance administrator may require that the residential rental dwelling unit be vacated or remain unoccupied until brought into compliance, pursuant to his authority under Code of Virginia, (1950), as amended, §36-98, et.seq., the Virginia Uniform Statewide Building Code. Upon compliance, the code compliance administrator shall, as provided in Section 18‑82 of this article, issue an annual certificate of compliance.

(d) No annual inspection pursuant to this article shall take place more than one time each year, calculated from the date of the first inspection, should additional inspections be necessary to achieve compliance. However, nothing in this article shall modify the authority of the code compliance administrator to conduct any other inspec-tions, as allowed under the provisions of the Virginia Uniform Statewide Building Code, and inspections for obtaining a certificate of compliance under this article do not supplant or pre-clude any other inspection authorized under the Virginia Uniform Statewide Building Code.

(e) Unless a current certificate or temporary certificate of compliance is in force for a residential rental

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dwelling unit is in force in accordance with the provisions of Section 18-82(a)(1) of this article, and such certifi-cate remains in effect, no owner of such unit shall permit any person to occupy such unit as a tenant or otherwise.

(f) A building or structure meeting the definition of a residential rental dwelling unit but located outside of an inspection district shall nevertheless be subject to the terms of this article on the following basis: Town Council makes a separate finding for said individual residential rental dwelling unit that (i) there is a need to pro-tect the public health, welfare and safety of the occupants of that individual residential rental dwelling unit; (ii) the individual residential rental dwelling unit is either (a) blighted or (b) in the process of deteriorating; or (iii) there is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for occupants of such individual residential rental dwelling unit. Upon said finding by the Town Council, said residential rental dwelling unit shall be subject to this article, notwithstanding its location outside the inspection districts.

(g) Should the owner fail to timely contact the code compliance office within the required time in order to schedule any inspection required under this article, or should such owner fail to allow such inspection to proceed on the date for which it was scheduled, the owner shall be in violation of this article and shall be subject to such penalties and enforcement remedies as provided in section 18-86 herein below. Sec. 18-82. Certificates of Compliance; Applications and Exemptions.

(a) The following shall apply to all residential rental dwelling units located within inspection districts, which are not exempted under 18-82(b). However, a residential rental dwelling unit for which a current certificate of compliance has been issued prior to January 31, 2005, shall not be subject to further inspection under this article for a period of 48 consecutive months from the month next following the month of issuance of such pre-existing certificate of compliance; provided however, that during such period the pre-existing certificates of compliance shall be subject to revocation and upon first to occur of revocation or expiration of the 48 month period such unit shall be subject to reinspection on the same basis as a 48‑month certificate of compliance issued under section (a)(3) of this section. A temporary certificate of compliance issued under Section 18‑81 shall not qualify as a pre-existing certificate of compliance if issued prior to January 31, 2004.

(1) The initial inspection of each residential rental dwelling unit which is subject to inspection under this article unless the initial inspection is delayed under paragraph (a) of this section, shall take place no later than 120 days from the date that the owner thereof contacts the code compliance office to schedule such inspection. However, should the owner of a residential rental dwelling unit which is subject to inspection under this article, fail to give timely notice as required by section 18-80, the codes compliance administra-tor shall inspect such unit within a reasonable time of becoming aware of such unit. Each residential rent-al unit for which a certificate of compliance or 48-month certificate of compliance as described in (a)(3) below has been issued shall be again inspected within 30 days from the expiration certificate or expiration or earlier revocation of a 48-month certificate of compliance.

Prior to expiration of the certificate of compliance or 48-month certificate of compliance, or upon earlier revo-cation of a 48-month certificate of compliance, the owner of the residential rental dwelling unit covered thereby shall contact the code compliance office and arrange for an inspection of such unit. Except in the case of an inspec-tion following revocation of a 48-month certificate of compliance, should the date scheduled for inspection be after expiration of the current certificate and more than thirty days from the day on which the owner contacted the code enforcement office to schedule inspection, a thirty-day temporary certificate of compliance shall be issued. Said inspection shall take place no later than 30 days from the date of application for said inspection, and such tempo-rary certificate shall expire on the date of the inspection. As to Building Code violations which do not immediately affect the safe, decent and sanitary living conditions for persons living in such unit, and provided that all inspection fees shall have been remitted in advance to the issu-ance of such temporary certificate of compliance the code enforcement administrator shall issue one temporary certificate of compliance, valid for thirty (30) days and may permit such extensions thereof, as the code enforce-ment administrator shall deem reasonably necessary to allow for remediation of the violations. However as to Building Code violations which are disqualifying violations and which violations which pose an immediate threat to the safe, decent and sanitary living conditions for persons living in such unit, then the code enforcement officer shall not issue a temporary certificate of occupancy. Temporary certificates of compliance shall expire upon the earlier of their stated expiration date or the comple-tion of an inspection which finds all violations satisfactorily remedied.

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(2) Unless a residential rental unit in an inspection district is exempted from inspection under this article, or receives a 48-month certificate of compliance as provided section (a) below, the term of a certificate of compliance issued for any residential rental dwelling unit in an inspection district, shall be for a term of twelve (12) months beginning with the first day of the month next following the month of issuance. (3) A residential rental dwelling unit which upon inspection under this article reveals no disqualifying viola-tions, or with only one or more violations of such Code that do not affect the safe, decent and sanitary living condi-tions for persons living in such unit, shall not be subject to further annual inspection under this article for for-ty‑eight (48) months from date of such annual inspection, except as provided in Section 18-81, and a 48‑month certificate of compliance shall be issued for such unit. However, if a residential rental dwelling unit covered by a 48-month certificate of compliance is found in violation of the Uniform Statewide Building Code during the term of such 48-month certificate of compliance, the code enforcement administrator may revoke such 48-month certifi-cate of compliance and such unit shall thereupon become subject to annual inspections and the issuance of annual certificates of compliance. If an annual certificate of compliance is issued after the inspection necessitated by the violation of the Virginia Uniform Statewide Building Code and revocation of the extended certificate of compli-ance, then said Residential Rental Dwelling Unit shall again be eligible for an extended certificate of compliance only after the annual certificate of compliance has expired and as of the first subsequent annual inspection when no disqualifying violations are found.

(4) Should a residential rental dwelling unit be sold, or the title thereto be otherwise transferred to another own-

er during term of a certificate of compliance or 48-month certificate of compliance issued for such unit, the term of such certificate shall end as of the last day of the month next following the month of transfer of ownership and the new owner shall contact the code compliance office and arrange for inspection of the unit; provided, however, that if the last inspection of the unit pursuant to this article occurred during the calendar year of transfer of ownership, the existing certificate shall not expire until the end of such calendar year.

(b) The following shall be exempt from the requirements of this article for the time periods indicated: (1) No inspection of a newly constructed residential rental dwelling unit located in an inspection district shall be required within forty-eight (48) months of the issuance of a certificate of occupancy for such newly constructed unit. Thereafter said unit shall in all respects become subject to the requirements of this article. (2) All hotels, motels, inns, bed and breakfast establishments, and other similar facilities to the extent occupied by transients shall be exempt from compliance with this article. (3) All residential rental dwelling units owned by or leased by an agency of the Commonwealth of Virginia or of the Town of Lawrenceville, shall be exempt from compliance with this Article so long as said dwelling units are operated by such agency in carrying out its public purpose. Sec. 18-83. Multi-family Complexes.

(a) If a multifamily complex contains more than 10 residential rental dwelling units, in the initial and an-nual inspections, the code compliance administrator shall inspect no less than two units and not more that 10 per-cent (10%) of the residential rental dwelling units.

(b) Notwithstanding the number of residential rental dwelling units inspected, the code compliance ad-ministrator shall charge the fee authorized by this article for inspection of no more than 10 dwelling units.

(c) If the code compliance administrator determines upon inspection of the dwelling units in accordance

with (a) above that there are within one or more of such units or the building housing same, violations of the Vir-ginia Uniform Statewide Building Code that affect the safe, decent and sanitary living conditions for the tenants of such multifamily complex, the code compliance administrator may inspect as many dwelling units as he deems reasona-bly necessary to assure compliance with the building code in which case, the fee shall be based upon a charge per dwelling unit inspected, notwithstanding the provisions of paragraph (b) of this section. DIVISION 6. CERTIFICATE ISSUANCE, INSPECTION FEES AND ENFORCEMENT

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Sec. 18-84. Issuance of Certificate; Fees.

(a) Except as provided in Section 18-83 above, there shall be a $50.00 inspection fee for the inspection of each dwelling unit. If repairs or corrections are deemed necessary by the codes compliance administrator, and a reinspection is required, no additional fee shall be charged for the reinspection. If, however, subsequent re‑inspec-tions are required, there shall be charged an additional fee of $50.00 per dwelling unit for each subsequent rein-spection. No reinspection shall be performed, nor any certificate of compliance be issued, unless all fees have been paid.

(b) Requests for an inspection may be made by telephone; provided that the codes compliance administra-tor shall, in all cases, receive notice from the owner and payment of the applicable inspection fees prior to conduct-ing any inspection required under this Article

(c) The codes compliance administrator shall issue a 48-month certificate, as provided in Sec. 18-82 here-inabove if, upon inspection, the codes compliance administrator finds that the residential rental dwelling unit does not have any disqualifying violations. The 48-month certificate of compliance may be issued immediately upon completion of an inspection in which no disqualifying violations are found.

(d) If the dwelling unit fails to comply with any one or more provisions of Virginia Uniform Statewide Building Code, and any amendments thereto, the codes compliance administrator shall furnish the owner with a written list of specific violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner shall arrange a reinspection of the residential rental dwell-ing unit. Reinspection shall be for the purpose of determining compliance by the owner with the written list of spe-cific violations furnished to the owner by the codes compliance administrator. However, if upon reinspection, the codes compliance administrator discovers other violations that were not listed on the written list of specific viola-tions previously furnished to the owner, the code compliance administrator shall furnish the owner with a supple-mental list of violations and shall provide the owner a reasonable opportunity to correct same. This provision, how-ever, shall not preclude the codes compliance administrator from revoking the 48 month certificate of compliance if the subsequently discovered violations are disqualifying violations or if the non-disqualifying violations have not been corrected pursuant to Sec. 18-81 and 18-82. Sec. 18-85. Appeals; effects.

(a) Any person aggrieved by any determination or decision of the codes

compliance administrator made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the Virginia Uniform Statewide Building Code, and amendments thereto.

(b) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law.

(c) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures.

(d) Nothing in this article shall be construed to limit the authority of the codes compliance administrator to perform housing inspections in accordance with applicable law. Sec. 18-86. Violation; penalty; right of entry.

(a) Any person willfully failing to comply with the inspection requirements of this article shall be subject to a civil fine of $100 and for Virginia Uniform Statewide Building Code shall be subject to the penalties estab-lished in Section 18-34 of this Code.

(b) Any person willfully failing to comply with the notice requirements of this article shall be subject to a

Fifty ($50.00) Dollar penalty to be assessed every thirty (30) days from the date notice is due for each property for which they fail to provide notice that they own a residential rental dwelling unit owned which is subject to this article.

(c) The remedies set forth in (a) and (b) of this section are not the exclusive remedies for non‑compliance

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with the requirements of this article and the code enforcement administrator shall take such further actions as al-lowed by applicable law in order to obtain compliance with the requirements of this article including, but not lim-ited to seeking injunctive relief under section 15.2-1432 of the Virginia Code and obtaining inspection warrants as provided in section 36-105C3 of the Virginia Code. This ordinance shall become effective on ___________________, 2005 Adopted: _____________________, 2005

Keith Clarke Mayor

Alice Talbert, Clerk of Council

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