HB 1415 — Historic structures; civil penalty for demolition.

RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2024 RECONVENED SESSION CHAPTER 835R An Act to amend and reenact § 15.2-2306 of the Code of Virginia, relating to civil penalty for E demolition of historic structures.

E N [H 1415] Approved AprilR 17,O 20241. Be it enacted by the General Assembly of Virginia:

1.

L A.

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 withinEithin 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 withinDithin ordinancedesignated andconservation, delineatingrehabilitation one or moreredevelopment historic districts, adjacentamending tothe suchexisting landmarks,zoning 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 archaeologicalarchaeHlogical resources.

An amendment of the zoning ordinance and the establishment of a district or districtsdistrict1 shall be infor accordancea withreview board to administer the provisionsordinance ofand Articlemay 7provide (§compensation 15.2-2280to etthe seq.).board.

TheThepr1vide governingordinance body may provideinclude for 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 toor, administeron appeal, by the ordinancegoverning andbody mayof providethe compensationlocality toas being architecturally compatible with the board.historic landmarks, buildings or structures therein.

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.

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 thegoverning razing,body demolitionafter orconsultation movingwith thereofthe isreview approvedboard.the by the review board, or, on appeal, by the governing3. body after consultation with the review board.

3.

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 ororon of the structure.

(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 hereinafterbody, contained.whether instituted by the owner or by any other proper party, notwithstanding the provisionsng heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner of 3 to make the bona fide offer to sell referred to above.

AnyNo appealoffer whichto maysell shall be takenmade tomore thethan courtone fromyear theafter a final decision ofby the governing body, whetherbut institutedthereafter by the owner ormay byrenew anyhis otherrequest properto party, notwithstanding the provisionsgoverning heretoforebody stated relating to aapprove stay of the decisionrazing appealedor fromdemolition shall not affect the right of the ownerhistoric tolandmark, makebuilding theor bonastructure. 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 of 3 governing body to approve the razing or demolition of the historic landmark, building or structure.

Any locality may adopt an ordinance that establishes a civil penalty for the razing, demolition, or of 3 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 pursuantpursuanR to subsection A.

Such civil penalty shall not exceed twice the market value of the razed, demolished,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 of 3 by the attorney for the governing body of the locality by bringing an action in the name of the locality be established by a preponderance of the evidence.or parties alleged to have violated such ordiNance shall Nothing in this subsection shall preclude action by the circuitzoning court.administrator for the governing body seeking a civil penalty as authorized by this subsection.r a separate action or as part of the Oction L L E D H 5 R 2

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.