The code of the city of Charlottesville, Virginia, 1965 : ::

In order to promote the general welfare of the city through
the preservation and protection of an area of historic, artistic
and cultural interest in the city and for the preservation of
economic values represented thereby, there is hereby created
an area to be designated as the "restricted design district."
Such district is situate in the general environs of Court
Square and is defined by a sketch of the engineering department
of the city on file in the office of the clerk of the council,
wherein the outside boundaries of the restricted design district
are established by stated distances from the street lines
upon which those properties affected about. (Code 1959, § 4-1.)

Sec. 4-2. Board of architectural review—Created.

For the purpose of making effective the provisions of this
chapter, there is hereby created a board to be known as the
"board of architectural review." (Code 1959, § 4-2.)

Sec. 4-3. Same—Powers and duties.

The board of architectural review shall pass upon the appropriateness
of exterior arhcitectural features of buildings
and structures hereafter erected, reconstructed, altered or restored
in the restricted design district wherever such exterior
features are subject to public view from a part of any street
within the restricted design district. All plans, elevations and
such other information deemed necessary by the board to determine
the appropriateness of the exterior features of such
buildings shall be made available to the board by the applicant,
through the office of the building official.

The board, in passing upon the appropriateness of exterior
architectural features, in any case, shall keep in mind the
purposes set forth in section 4-1 and shall consider among
other things the general design of buildings or structures
which shall be Early Virginia, Greek Revival, Mid-Nineteenth
Century Vernacular, or a contemporary interpretation of any
of these styles, which shall be harmonious in materials and
color with the old and conforming buildings or structures in
the designed controlled area.

The board shall not consider structural details, relative
size of building and structures, interior arrangements or

137

features not subject to public view from a part of any street
within the restricted design district.

The board shall not make any requirements except for the
purpose of preventing developments obviously incongruous to
the historic and cultural aspect of the district. (Code 1959, §
4-3.)

Sec. 4-4. Same—Composition; qualifications of members.

The board of architectural review shall be composed of
seven members and an alternate member, appointed by the
city council, all of whom shall be qualified residents of the
city.

Of the members, two shall be certified architects, one a
member of the city planning commission, one an established,
licensed real estate broker and three other persons. The
alternate member, at the discretion of the appointing authority,
may be from any one of the foregoing categories. (Code
1959, § 4-4.)

Sec. 4-5. Same—Terms of members.

Of the members of the board of architectural review first
appointed, two shall be appointed for a term of one year,
two for a term of two years, two for a term of three years
and one for a term of four years. Thereafter, members shall
be appointed for terms of four years respectively. The alternate
member shall be appointed for a term of one year. Any
member, including the alternate member, at the discretion of
the appointing authority, may be reappointed for a full term
and the fact that a person has served a term as an alternate
member shall not disqualify him from appointment as one
of the regular members. No member shall serve for more
than two consecutive four-year terms. (Code 1959, § 4-5.)

Sec. 4-6. Same—Vacancies; continued absence from meetings.

Vacancies in the board of architectural review shall be
filled for an unexpired term in the manner in which original
appointments are required to be made. The continued absence
of any member from the regular or called meetings of
the board shall, at the discretion of the appointing authority,

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render such member liable to immediate removal from office.
(Code 1959, § 4-6.)

Sec. 4-7. Same—When alternate member shall serve.

The alternate member of the board of architectural review
shall serve, at the request of the board's chairman, at any
meeting when, for any reason, a regular member is absent
or declines to serve at such meeting. (Code 1959, § 4-7.)

Sec. 4-8. Same—Compensation.

All members of the board of architectural review, including
the alternate member, shall serve as such without compensation.
(Code 1959, § 4-8.)

Sec. 4-9. Same—Quorum.

Four members of the board of architectural review present
and voting shall constitute a quorum and for this purpose the
alternate member shall be deemed to be a member of the
board. (Code 1959, § 4-9.)

Sec. 4-10. Same—Chairman; vice-chairman; secretary.

At the first meeting of the board of architectural review,
the members, by majority vote, shall elect one of their number
to serve as chairman. Thereafter, a chairman shall be elected
annually at the first meeting to be held on or after July first
in each year. Similarly, the members shall elect a vice-chairman
and a secretary. (Code 1959, § 4-10.)

Sec. 4-11. Same—Removal of member.

Any member of the board of architectural review may be
removed from office by the city council, after a public hearing,
for inefficiency, neglect of duty or malfeasance. (Code
1959, § 4-11.)

Sec. 4-12. Certificate of appropriateness—Required before issuance
of building permit; exceptions.

No building permit under the provisions of the Building
Code shall hereafter be issued for the erection, reconstruction,

139

alteration or restoration of the exterior of any building
or structure, or part thereof, within the restricted design district,
unless and until the applicant shall have secured a certificate
of appropriateness from the board of architectural
review; provided, that this requirement shall not apply when
the work proposed is only to maintain or repair part of a
building, such as a roof, porch, cornice, etc., and when no
change of design or general outside appearance of such building
is involved. (Code 1959, § 4-12.)

Sec. 4-13. Same—Issuance; signing; copy to be attached to
plans; failure of board to act within sixty days.

Upon approval of the plans for the erection, reconstruction,
alteration or restoration of the exterior of any building or
structure, or part thereof, within the restricted design district,
the board of architectural review shall cause a certificate
of appropriateness, certifying approval, to be issued to
the applicant. Such certificate is to be signed by the chairman
of the board and a copy thereof attached to the plans
submitted for approval.

If the board shall fail to take final action in any case within
sixty days after an application for a certificate of appropriateness
has been made, the application shall be deemed to have
been approved; provided, that such time limit may be extended
by mutual agreement. (Code 1959, § 4-13.)

Sec. 4-14. Rejection of plans.

In case of disapproval of plans submitted, the board of
architectural review shall state to the applicant its reasons
from such disapproval in writing and may make recommendations
to the applicant with respect to proper design, arrangement,
texture, material, color and the like of the building
rejected. (Code 1959, § 4-14.)

Sec. 4-15. Appeals.

An applicant whose plans have been disapproved by the
board of architectural review may, within thirty days after
receipt of notice of disapproval, file an appeal to the corporation
court of the city, in such manner as appeals are made
under the provisions of the statutes of Virginia from decisions

140

of the board of zoning appeals of the city.[98] (Code 1959,
§ 4-15.)

[98]

For state law as to board of zoning appeals, see Code of Va., §§
15.1-494, 15.1-495.

Sec. 4-16. Injunctions.

In addition to any penalty imposed for a violation of this
chapter, any such violation may be enjoined by the court
having jurisdiction and, as a part of such equitable relief, the
owner found to be in violation of this chapter may be required
to remove all nonconforming work and material from the
building or structure. (Code 1959, § 4-16.)

[97]

For state law as to power of city council with respect to buildings,
see Code of Va., § 15.1-15.

	CHAPTER 4. The code of the city of Charlottesville, Virginia, 1965 :

University of Virginia Library

CHAPTER 4.

Architectural Design Control.[97]

Sec. 4-1. Restricted design district.