Impact of the HD: Historic Preservation Overlay on Arlington County Zoning Standards
The HD: Historic Preservation overlay district modifies base zoning by requiring a Certificate of Appropriateness (CoA) for nearly all exterior alterations, including new construction and demolition, within designated areas of Arlington County. Most notably, this overlay provides a legal mechanism to modify base district setback requirements to match the existing historic streetscape and allows certain nonconforming signs to be treated as conforming.
General Regulatory Impact of the HD Overlay
The HD: Historic Preservation overlay is an additional layer of regulation "overlaid" upon the base zoning districts of Arlington County. While the underlying district (such as R-6 or C-2) continues to govern the permitted uses of the land, the HD overlay district mandates that no building or structure can be erected, restored, moved, or demolished until the Historical Affairs and Landmark Review Board (HALRB) or the Arlington County Board approves a Certificate of Appropriateness (CoA) [§11.3.1, §15.7.1].
The primary goal of these regulations is to ensure that new structures and additions remain in harmony with the settings and environs of Arlington County's historic resources [§11.3.1].
Modification of Technical Standards
The HD: Historic Preservation overlay significantly alters how technical standards like setbacks and sign compliance are handled compared to the base zoning districts.
Setback and Placement Modifications
Unlike standard zoning, which often requires a variance for setback deviations, the HD overlay allows the HALRB to authorize setbacks that are inconsistent with the base zoning if they are found to be consistent with the historic streetscape.
| Standard Category | Modification Effect in HD Overlay |
|---|---|
| Setbacks | The HALRB may find a proposed setback consistent with the existing streetscape and historic design guidelines even if it is inconsistent with the base zoning. The zoning administrator shall grant this modification unless it violates visual clearance requirements [§15.7.4]. |
| Exterior Features | All walls, fences, steps, and pavement are subject to CoA review for architectural and historical compatibility [§15.7.1]. |
| Interior Layout | The HALRB and County Board shall not consider interior arrangement as part of a CoA review [§15.7.3]. |
| Maintenance | Property owners are legally required to maintain structures to prevent the deterioration of exterior walls, roofs, chimneys, and waterproofing [§11.3.5]. |
Signage Standard Modifications
The HD: Historic Preservation overlay alters the application of Article 13 (Signs) in several ways:
- Conformity Status: Signs permitted at the time of placement within a historic district designated by the Arlington County Board are considered conforming signs, even if they would otherwise be nonconforming under current Article 13 standards [§13.18.2].
- Compatibility Criteria: All signs requiring a CoA are evaluated based on their size, scale, materials, and lighting to ensure they are compatible with the period and style of the property or the district [§15.7.8].
Mandatory Maintenance and Public Safety
The HD overlay imposes affirmative maintenance obligations that are not typically present in base zoning districts. Owners of structures within an Arlington County historic district are prohibited from allowing the property to fall into a state of disrepair that produces a "detrimental effect upon the character of the district" [§11.3.5.C]. This includes the maintenance of:
- Vertical supports and exterior walls.
- Roofs and horizontal members.
- Exterior chimneys and plaster/mortar.
- Effective waterproofing of foundations and windows [§11.3.5.C].
Appeal and Modification Procedures
If a property owner is aggrieved by a final decision of the HALRB, they have the right to appeal to the Arlington County Board within 30 days of the decision [§15.7.10.C]. However, a pending appeal does not stay a decision that denies the right to raze or demolish a historic landmark [§15.7.10.C].
If a building is denied a CoA for demolition, the owner must make a "bona fide offer to sell" the structure to the County or another entity interested in preservation for a specific period (ranging from 3 to 12 months depending on the price) before they can proceed with razing the structure [§15.7.11].
Sections Cited
- §11.3.1 Purpose
- §11.3.5 General maintenance; ordinary maintenance allowed; public safety
- §13.18.2 Signs in historic districts
- §15.7.1 Applicability (CoA)
- §15.7.3 Scope of review
- §15.7.4 Setback modification permitted
- §15.7.8 Signs requiring a CoA
- §15.7.10 Appeals
- §15.7.11 Right to demolish or raze
- §18.2 General Terms Defined (Overlay district)