Sec. 45-3129. - General.

(a)

Purpose and intent. The purpose of this article is to protect against destruction, degradation, and encroachment upon the areas, structures, and premises designated to be of substantial historic significance; to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the historic heritage of the City of Newport News and the Commonwealth of Virginia; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within the Historic District created by this article will be in keeping with the character to be preserved and enhanced. To accomplish such purpose, this article provides for:

(1)

The creation of the Hilton Village Historic District;

(2)

Modifications to use and dimensional regulations within the Historic District;

(3)

Architectural standards for the Historic District;

(4)

The creation of an architectural review board; and

(5)

A procedure for reviewing plans by the architectural review board.

(b)

Creation of Hilton Village Historic District. A special zoning district is hereby created to be known as the Hilton Village Historic District and as shown on the Zoning District Map which is on file in the office of Codes Compliance and in the department of planning and development. The Hilton Village Historic District as shown on the zoning district map is bounded approximately by the east side of River Road, the rear property line of the lots facing south on the north side of Post Street, Municipal Lane extended from Post Street to Hopkins Street, the rear property line of three (3) parcels (1, 4, 5, block 30, Hilton Village Subdivision) on the southeast corner of Warwick Boulevard and Hopkins Street to the rear property line of the lots facing north on the south side of Hopkins Street and along such rear property line to River Road.

(Ord. No. 5028-97, § 1)

Sec. 45-3130. - Permitted uses.

(a)

Uses permitted. In the Historic District, buildings or premises may be used as permitted in the underlying R5 or C1 zoning districts in accordance with Article IV, section 45-402 with the following modifications:

(1)

R5 Low Density Residential Modifications: In the R5 Low Density Residential District the following uses are not permitted by right in the Hilton Village Historic District:

a.

Multiple-family

b.

Planned Residential Development

c.

Public or Private Secondary School

d.

Community Recreation Center

e.

Fire Station

f.

Library

g.

Neighborhood Swimming Pool

h.

Police Station

i.

Public or Private Elementary School

j.

Bus Stop, Bus Shelter or Taxi Stand.

(2)

C1 Retail Commercial District Modifications: In the C1 Retail Commercial District the following uses are not permitted by right in the Hilton Village Historic District:

a.

Hospital

b.

Medical and Dental Laboratory

c.

Nursing Home, Convalescent Home

d.

Outpatient Care Clinic

e.

Electrical Substation

f.

Child Care Center

g.

Vocational School

h.

Funeral Home

i.

Lodge, Fraternal or Social Organizations

j.

Neighborhood Swimming Pool

k.

Public or Private Golf Course

l.

Parcel Distribution Center

m.

Coin Operated Commercial Laundry

n.

Country/Yacht Club

o.

Health Club and Fitness Center

p.

Cemetery Monument Sales

q.

Convenience Store Without Gasoline

r.

Department Store

s.

Extended Stay Motel

t.

Furniture and Upholstery Store

u.

Golf Pro Shop/Clubhouse

v.

Light Equipment Rental and Leasing

w.

Liquor Store

x.

Mall/Mall Building

y.

Hotel/Motel

z.

Pawn Shop

aa.

Tennis Pro Shop/Clubhouse

bb.

Auto Parts Store (no service)

cc.

Boat Basin

dd.

Drive-Up Windows and Drive-Through Lanes.

Provided further that the following uses are permitted by right in the C1 Retail Commercial District in the Hilton Village Historic District: Dwelling unit above a commercial facility, bed and breakfast, single-family detached, duplex and single-family attached dwelling.

(3)

Accessory uses: Any use customarily incidental or accessory to any other above uses is permitted in this district when clearly established as an accessory use to a permitted use.

(4)

Signs: Signs permitted in the Hilton Village Historic District shall be those set forth in City Code section 45-33.01-4(e). In reviewing requests for such signs, the architectural review board shall consider whether each sign is compatible with the Hilton Village architecture and concept.

(5)

Special exceptions: Special exceptions shall be permitted as allowed in the regular zoning district regulations; provided, however, that the review as otherwise required shall include review by the architectural review board.

(Ord. No. 5028-97, § 1)

Sec. 45-3131. - Architectural standards.

New buildings in the Hilton Village Historic District shall be basically rectangular in plan and shall conform with the original design of the village in spacing, height, and setback. Materials and color shall be in conformity with the guidelines set by the architectural review board. Plans for all new buildings shall be approved by the board, unless otherwise provided. Additions and alterations to buildings shall also follow the guidelines set by the board, and plans shall be approved by the board.

(Ord. No. 5028-97, § 1)

Sec. 45-3132. - Lot area and dimensional regulations.

The lot area and dimensional regulations of the regular zoning districts shall apply unless otherwise modified below:

(1)

Residential districts: Front and side yards shall conform to the pattern established by the original Hilton Village design. Accessory buildings shall be set back no less than three (3) feet from the side yard and five (5) feet from the rear yard. Notwithstanding the foregoing, accessory buildings may be reconstructed within the original footprint of prior or existing accessory buildings.

(2)

Commercial districts:

a.

Side and rear yards and height of buildings shall conform to regulations of the regular zoning district.

b.

Front setbacks shall be no closer to the street than were the existing buildings on the date of passage of this chapter. However, the Hilton Village Architectural Review Board may approve front setbacks closer to the street when the building construction or addition meets the "Recommended Design Standards for the Hilton Village Commercial Area."

c.

Building height shall not exceed forty (40) feet.

(Ord. No. 5028-97, § 1; Ord. No. 5332-99)

Sec. 45-3133. - Off-street parking and loading regulations.

Off-street parking spaces and loading spaces shall be provided in conformity with the requirements for specific uses set forth in Article XXX. Plans for off-street parking shall be approved by the board.

However, within the commercially zoned area of Historic Hilton Village public and private off-street parking spaces shall be provided in conformity with the adopted Hilton Area Neighborhood Plan. The number of off-street parking spaces required by Article XXX may be reduced provided that development plans for off-street parking shall be approved by the department of engineering.

(Ord. No. 5028-97, § 1)

Sec. 45-3134. - Architectural review board.

(a)

Creation of the architectural review board. The architectural review board shall be appointed by the Newport News City Council. Such board shall consist of seven (7) persons having the following qualifications: One (1) professionally licensed architect or engineer, one (1) landscape architect or artist, three (3) resident owners of Hilton Village, and two (2) owners or operators of businesses in Hilton Village.

(b)

Term of office: The term of office is four (4) years for all members. No member shall serve more than two (2) consecutive terms, except that those members who initially fill unexpired terms less than four (4) years may be reappointed for two (2) full four-year terms. However, in no case shall any member serve more than ten (10) consecutive years.

(c)

Organization and meetings: The board shall elect a chairman each year and other officers as necessary. The board shall meet at regularly scheduled times. A quorum shall consist of four (4) members, but a lesser number may conduct public hearings or meetings at which the principal purpose is collection of information, provided that no action binding on the board is taken at such hearings or meetings. All meetings and records of the board shall be public, and anyone present at the meetings shall be allowed to speak. Decisions by the board shall be made by a majority vote of those members present at any meeting where a quorum is present.

(d)

Procedures and duties of the architectural review board:

(1)

The architectural review board shall prepare guidelines for standards to be applicable to land and exterior buildings within the Hilton Village Historic District.

a.

Such guidelines shall be in written form and shall become effective only upon a duly advertised hearing.

b.

Said public hearing shall be advertised once in a local newspaper, not less than ten (10) days prior to the date of said hearing.

c.

The board shall review the guidelines at least once each year at such public hearing and may make any changes necessary to protect the intent of the article.

(2)

Plans to be submitted:

a.

All plans for new buildings and additions and alterations to existing buildings in the Historic District shall be reviewed by the architectural review board, unless otherwise provided herein. The department of planning shall be responsible for receiving applications and providing technical assistance to the board. Whenever a permit for a building, a sign, or demolition is needed within an historic district, the applicant shall submit to the board plans showing sufficient detail for judgment to be made. The board shall review the application within thirty (30) days after it is filed. The board shall notify the applicant and the owners of the property adjacent to each side of the property in question of the time and place where a review is being held. Such notice shall arrive at least five (5) days before the review.

b.

The board, when it deems it necessary in order to review a particular application, may require the submission of any or all of the following items: Architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs or perspective drawings showing proposed structures and all such existing structures as are within one hundred (100) feet of the Historic District and are substantially related to it visually or by reason of function, traffic generation, or other characteristics.

c.

In its review of the material submitted, the architectural review board shall examine the architectural design and the entire exterior surface, treatment of the structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the Historic District. The board shall not consider any interior arrangement nor shall it make requirements except for the purpose of preventing development obviously incongruous to the historic aspects of the district. The board shall vote to approve or disapprove an application within sixty (60) days after the application is filed.

(e)

Approval of application by architectural review board: When the board finds that the proposed building, alteration, repair, demolition, sign, or structure is within the intent of this article, the board shall issue a certificate of appropriateness and report its findings to the department of codes and compliance. A certificate of appropriateness is a written statement by the board indicating that the proposed building, use or structure fulfills the requirements of the Hilton Village District.

(f)

Disapproval by the board: Should the board disapprove the application, it shall submit to the applicant a list of the reasons for disapproval and if possible suggestions for changing the application. The applicant may review and resubmit his application.

(g)

Failure of the board to act: Should the board fail to approve or disapprove a complete application within sixty (60) days from the date of submission, the application shall be considered approved.

(h)

Appeal: Decisions of the architectural review board may be appealed by any aggrieved party to the city council for review, setting forth in writing the alleged illegality of the action of the board, provided such petition is filed within thirty (30) days after the final decision rendered by the board. The filing of the petition of appeal shall stay the decision of the board pending the outcome of the appeal, except that the filing of the petition of appeal shall not stay the decision of the board if such decision denies the right to raze or demolish a historic landmark, building or structure.

Any aggrieved party shall further have the right to appeal to the Circuit Court of the City of Newport News for review by filing a petition at law, setting forth the alleged illegality of the action of the council, provided that such petition is filed within thirty (30) days after the final decision is rendered by the council. The filing of the said petition of appeal shall stay the decision of the council pending the outcome of the appeal to the court, except that the filing of such petition of appeal shall not stay the decision of the council if such decision denies the right to raze or demolish a historic landmark, building or structure.

(Ord. No. 5028-97, § 1; Ord. No. 6221-06)

Sec. 45-3135. - Administrative procedures.

The city manager shall designate an agent of the city who shall be responsible for administration of these sections and shall handle the administrative approval of applications authorized herein. The administrator shall review such application for conformity with specific standards set forth by these sections and shall approve the same where appropriate by issuing a certificate of appropriateness for such activity when found in conformity with the guidelines and standards as set forth by the board and shall report in writing to the board the approval of the application and conditions of approval.

(Ord. No. 5028-97, § 1)

Sec. 45-3136. - Administrative approval of routine activities.

(a)

To facilitate the normal functioning of the village, the board shall identify and set forth in its guidelines those normal and routine exterior repairs and maintenance activities that may be performed without adverse influence or effect to the character of the village or intent of the Historic District regulations.

(b)

The identification of these activities shall include specific details as to color, materials, dimensions and other information necessary to permit administrative review and approval of such activities.

(Ord. No. 5028-97, § 1)

Sec. 45-3137. - Prohibition and standards.

No building permit, sign permit, or other city permit shall be issued nor shall any individual undertake any of the activities listed below until the architectural review board or the designated administrator shall have certified that such activity is in conformance with the provisions of this section:

(1)

New buildings: This shall include any new principal or accessory structure.

(2)

Additions and/or alterations: This shall include any exterior modifications to existing structures.

(3)

Fences: This shall include all new fences and any modification to existing fencing resulting in changes in height, material or location but shall exclude normal structural maintenance.

(4)

Signs: See Chapter 33.01 of the City Code.

(5)

Landscaping: This shall include any landscaping or yard decorations using structural or nonvegetative components when such landscaping components are twelve (12) inches above the average yard elevation and are visible from adjacent property. This board shall not consider or rule upon the appropriateness of any plant material.

(6)

Painting: This shall include any colors utilized in the exterior finishes of structures in the village.

(7)

Off-street parking: This shall include the construction of new driveway entrances or enlargements of existing entrances as well as the use of front yards for off-street parking.

(Ord. No. 5028-97, § 1)