                                 CODE OF VIRGINIA

PRESERVATION OF HISTORICAL SITES AND ARCHITECTURAL AREAS; CIVIL PENALTY (§
15.2-2306)

A. 1. Any locality may adopt an ordinance setting forth the historic landmarks
within the locality as established by the Virginia Board of Historic Resources,
and any other buildings or structures within the locality having an important
historic, architectural, archaeological, or cultural interest, any historic
areas within the locality as defined by § 15.2-2201, and areas of unique
architectural value located within designated conservation, rehabilitation, or
redevelopment districts, amending the existing zoning ordinance and delineating
one or more historic districts, adjacent to such landmarks, buildings, and
structures, or encompassing such areas, or encompassing parcels of land
contiguous to arterial streets or highways (as designated pursuant to Title
33.2, including § 33.2-319 ) found by the governing body to be significant
routes of tourist access to the locality or to designated historic landmarks,
buildings, structures, or districts therein or in a contiguous locality. A
governing body may provide in the ordinance that the applicant must submit
documentation that any development in an area of the locality of known
historical or archaeological significance will preserve or accommodate the
historical or archaeological resources. The filing of the building permit or
demolition application shall stay the locality from issuing any permit to raze
or demolish the historic landmark, building, or structure until 30 days after
the rendering of the final decision of the governing body of the locality. An
amendment of the zoning ordinance and the establishment of a district or
districts shall be in accordance with the provisions of Article 7 (§ 15.2-2280
et seq.). The governing body may provide for a review board to administer the
ordinance and may provide compensation to the board. The ordinance may include a
provision that no building or structure, including signs, shall be erected,
reconstructed, altered, or restored within any such district unless approved by
the review board or, on appeal, by the governing body of the locality as being
architecturally compatible with the historic landmarks, buildings, or structures
therein.

   2. Subject to the provisions of subdivision 3, the governing body may provide
   in the ordinance that no historic landmark, building, or structure within any
   district shall be razed, demolished, or moved until the razing, demolition, or
   moving thereof is approved by the review board or, on appeal, by the governing
   body after consultation with the review board.

   3. The governing body shall provide by ordinance for appeals to the circuit
   court for such locality from any final decision of the governing body pursuant
   to subdivisions 1 and 2 and shall specify therein the parties entitled to
   appeal the decisions, which 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 governing body, provided that the
   petition is filed within 30 days after the final decision is rendered by the
   governing body. The filing of the petition shall stay the decision of the
   governing body pending the outcome of the appeal to the court, except that the
   filing of the petition shall not stay the decision of the governing body if
   the decision denies the right to raze or demolish a historic landmark,
   building, or structure. The court may reverse or modify the decision of the
   governing body, in whole or in part, if it finds upon review that the decision
   of the governing body is contrary to law or that its decision is arbitrary and
   constitutes an abuse of discretion, or it may affirm the decision of the
   governing body.
   				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 subdivision 2, shall, as a matter of right, be
   entitled to raze or demolish such landmark, building, or structure, provided
   that (i) he has applied to the governing body for such right, (ii) the owner
   has for the period of time set forth in the same schedule hereinafter
   contained and at a price reasonably related to its fair market value, made a
   bona fide offer to sell the landmark, building, or structure, and the land
   pertaining thereto, to the locality or to any person, firm, corporation,
   government, or agency thereof, or political subdivision or agency thereof,
   which gives reasonable assurance that it is willing to preserve and restore
   the landmark, building, or structure and the land pertaining thereto, and
   (iii) 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 hereinafter contained. Any appeal that may be
   taken to the court from the decision of the governing body, 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 year after a final
   decision by the governing body, but thereafter the owner may renew his request
   to the governing body to approve the razing or demolition of the historic
   landmark, building, or structure. The time schedule for offers to sell shall
   be as follows: three months when the offering price is less than $25,000; four
   months when the offering price is $25,000 or more but less than $40,000; five
   months when the offering price is $40,000 or more but less than $55,000; six
   months when the offering price is $55,000 or more but less than $75,000; seven
   months when the offering price is $75,000 or more but less than $90,000; and
   12 months when the offering price is $90,000 or more.

   4. The governing body 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 governing body
   should be acquired, preserved, and maintained for the use, observation,
   education, pleasure, and welfare of the people; provide for their renovation,
   preservation, maintenance, management, and control as places of historic
   interest by a department of the locality or by a board, commission, or agency
   specially established 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 pertaining
   thereto, or interest therein so acquired as a place of historic interest;
   however, the locality shall not use the right of condemnation under this
   subsection unless the historic value of such area, landmark, building,
   structure, land pertaining thereto, or estate or interest therein is about to
   be destroyed.
   				The authority to enter into contracts with any person, firm, or
   corporation as stated above may include the creation, by ordinance, of a
   resident curator program such that private entities through lease or other
   contract may be engaged to manage, preserve, maintain, or operate, including
   the option to reside in, any such historic area, property, lands, or estate
   owned or leased by the locality. Any leases or contracts entered into under
   this provision shall require that all maintenance and improvement be conducted
   in accordance with established treatment standards for historic landmarks,
   areas, buildings, and structures. For purposes of this section, leases or
   contracts that preserve historic landmarks, buildings, structures, or areas
   are deemed to be consistent with the purposes of use, observation, education,
   pleasure, and welfare of the people as stated above so long as the lease or
   contract provides for reasonable public access consistent with the
   property&#8217;s nature and use. The Department of Historic Resources shall
   provide technical assistance to local governments, at their request, to assist
   in developing resident curator programs.

B. Notwithstanding any contrary provision of law, general or special, in the
City of Portsmouth no approval of any governmental agency or review board shall
be required for the construction of a ramp to serve individuals with
disabilities at any structure designated pursuant to the provisions of this
section.

C. Any locality that establishes or expands a local historic district pursuant
to this section shall identify and inventory all landmarks, buildings, or
structures in the areas being considered for inclusion within the proposed
district. Prior to adoption of an ordinance establishing or expanding a local
historic district, the locality shall (i) provide for public input from the
community and affected property owners in accordance with &#xA7; 15.2-2204; (ii)
establish written criteria to be used to determine which properties should be
included within a local historic district; and (iii) review the inventory and
the criteria to determine which properties in the areas being considered for
inclusion within the proposed district meet the criteria to be included in a
local historic district. Local historic district boundaries may be adjusted to
exclude properties along the perimeter that do not meet the criteria. The
locality shall include only the geographical areas in a local historic district
where a majority of the properties meet the criteria established by the locality
in accordance with this section. However, parcels of land contiguous to arterial
streets or highways found by the governing body to be significant routes of
tourist access to the locality or to designated historic landmarks, buildings,
structures, or districts therein, or in a contiguous locality may be included in
a local historic district notwithstanding the provisions of this subsection.

D. Any locality utilizing the urban county executive form of government may
include a provision in any ordinance adopted pursuant to this section that would
allow public access to any such historic area, landmark, building, or structure,
or land pertaining thereto, or providing that no subdivision shall occur within
any historic district unless approved by the review board or, on appeal, by the
governing body of the locality as being compatible with the historic nature of
such area, landmarks, buildings, or structures therein with regard to any parcel
or parcels that collectively are (i) adjacent to a navigable river and a
national park and (ii) in part or as a whole subject to an easement granted to
the National Park Service or Virginia Outdoors Foundation granted on or after
January 1, 1973.

E. A locality that establishes a local historic district pursuant to this
section may provide tax incentives for the conservation and renovation of
historic structures in such district. Such incentives may include tax rebates to
the extent allowed by the Constitution of Virginia. For the purposes of this
section, &#8220;historic structure&#8221; means a structure designated as having
an important historic, architectural, archaeological, or cultural interest or
designated as a contributing structure by an ordinance passed pursuant to
subsection A.

F. Any locality may adopt an ordinance that establishes a civil penalty for the
razing, demolition, or moving of a building or structure that is located in a
historic district or that has been designated by a governing body as a historic
structure or landmark in violation of an ordinance adopted pursuant to
subsection A. Such civil penalty shall not exceed twice the market value of the
razed, demolished, or moved building or structure on the property as determined
by the assessed value of the property at the time of the razing, demolition, or
moving of the building or structure. Such ordinance may be enforced by the
attorney for the governing body of the locality by bringing an action in the
name of the locality in the circuit court. A finding against the party or
parties alleged to have violated such ordinance shall be established by a
preponderance of the evidence.
			Nothing in this subsection shall preclude action by the zoning administrator
for the governing body pursuant to the general laws of the Commonwealth in
either a separate action or as part of the action seeking a civil penalty as
authorized by this subsection.

HISTORY: 1973, c. 270, § 15.1-503.2; 1974, c. 90; 1975, cc. 98, 574, 575, 641;
1977, c. 473; 1987, c. 563; 1988, c. 700; 1989, c. 174; 1993, c. 770; 1996, c.
424; 1997, cc. 587, 676; 2009, c. 290; 2011, c. 237; 2012, c. 790; 2021, Sp.
Sess. I, c. 531; 2023, cc. 148, 149; 2024, cc. 533, 752, 835.