CHAPTER 9: HISTORIC AND CULTURAL CONSERVATION DISTRICTS (HC)
9-0 General provisions.
9-0.1 Statement of intent.
The HC Historic and Cultural Conservation Districts are intended to protect and conserve areas of the city and individual structures, premises and sites having special historic or cultural significance; encourage new development and redevelopment that is consistent with the character of existing development in these areas; prevent destruction of historic structures and encroachment by uses, structures and site development features that are incompatible with the unique appearance and historic and cultural significance of these areas; and help implement the historic preservation policies in the General Plan of Norfolk.
9-0.2 Designation of HC Districts; application requirements.
The provisions of section 9-0 shall govern the city council’s action in approving the creation of an HC District and related recommendations of the planning commission. If the city council approves creation of an HC District, its action shall include a declaration that the district is in fact of historic and cultural significance requiring protection against destruction and encroachment and that all recommendations or modifying general regulations set forth herein are adopted by reference and are to be applied within the district, its transitional districts, and any subareas indicated.
(a) Preparation of applications and recommendations for HC zoning. Applications for HC zoning shall be prepared by the planning commission. Each application shall contain information and recommendations as indicated below concerning the areas, buildings, premises and sites proposed for such zoning.
(b) Proposed district boundaries. HC District boundaries shall in general be drawn to include all appropriate properties reasonably contiguous within an area and to divide the proposed district from other districts at rear lot lines or at other points where divisions between districts will create minimum interdistrict frictions.
(c) Proposed boundaries for transitional districts. If the proposed HC District is visually related to surrounding areas in such a way as to require transitional regulations to control potentially adverse environmental influences, proposed boundaries for such transitional districts shall be shown.
(d) Report with application. A report shall be submitted with the application, establishing and defining the historic and cultural character of the district; describing the structures, sites and features of substantial public significance, present trends and conditions, and public objectives for future conservation, development or redevelopment; and recommending detailed regulations to apply within the district and its transitional districts. Such report shall include, among other matters:
(1) Analysis of existing structures. An analysis of existing structures by period of construction, special historic importance, architectural style, condition, present use, and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to interior of the block, and off-street parking provided.
(2) Analysis of lands not occupied by structures. An analysis of lands not occupied by structures, including lands in and near and visually related to the district.
(3) Recommendations concerning detailed regulations. Recommendations concerning detailed regulations to be applied within the district and its Transitional Districts to supplement or modify general regulations set forth herein, including permitted and prohibited principal and accessory uses and structures, uses and structures permissible only by special exception, minimum lot and yard requirements, maximum lot coverage by all buildings, height of structures, off-street parking and loading requirements, control of signs and exterior illumination, control of exterior character of buildings and features of site development, and control of additions to or removal of existing buildings. In the report, the commission may indicate special regulations which should apply in subareas within the district or its transitional areas.
(4) Plans for public action. Such report may also include plans for public action in or adjoining the district and likely to affect its character or development.
9-0.3 Design review responsibilities and guidelines.
The planning commission shall serve as the architectural review board. The planning commission and the Norfolk Design Review Committee, an advisory committee to the planning commission, shall be responsible for ensuring that all proposed development in HC Districts is compatible in its appearance with existing development in these districts, in accordance with the design guidelines described in subsection 9-0.3(c), below, and the procedures described in section 9-0.4 below.
(a) Planning commission as architectural review board. The planning commission shall be responsible for administration of certificate of appropriateness provisions in HC Districts and their Transitional Districts. In connection with such duties and for guidance of those involved in rehabilitation, construction or reconstruction in such districts, the commission shall adopt and make available guidelines and standards. In addition, the commission shall seek the advice of the design review committee in reviewing applications.
(b) Norfolk Design Review Committee. The Norfolk Design Review Committee shall be advisory to the planning commission in its capacity as the architectural review board. The committee shall be responsible for conducting reviews of all applications for certificates of appropriateness in relation to the design guidelines and making recommendations to the planning commission to approve, with or without modifications, or to deny any application for a certificate of appropriateness.
(c) Design guidelines for Historic and Cultural Conservation Districts. The decision of the Norfolk Design Review Committee and the planning commission, in its capacity as the architectural review board, shall be based on whether the proposed development meets the design guidelines for the HC District in which the proposed development is to be located.
9-0.4 Certificate of appropriateness.
(a) When certificate of appropriateness required:
(1) Where the exterior appearance of any building or structure is involved, no building permit shall be issued for erection, alteration or improvement, and no certificate of occupancy shall be issued, by the building official, unless a certificate of appropriateness has first been obtained.
(2) No exterior alterations which do not require a building permit but which can change the exterior appearance of the building or structure such as replacement of doors, window sash, porch railings, roof areas under 100 square feet, and porch flooring; installation, removal, or replacement of trim detail, shutters, gutters and down spouts; sign face changes; and the like shall be constructed or installed unless a certificate of appropriateness has first been obtained.
(3) No driveway permit shall be issued by the department of public works unless a certificate of appropriateness has first been obtained.
(4) No site features or appurtenances (such as walls, fences, arbors, paved parking areas, patios, decks, garages, tool sheds, other accessory structures, and the like when any part of the feature is visible from a public right-of-way or a public space) shall be constructed or installed unless a certificate of appropriateness has first been obtained.
(5) The board of zoning appeals shall take no action in cases where certificates of appropriateness are involved until such certificates are obtained.
(6) During construction or installation, the certificate of appropriateness shall be posted on the property in a location that is visible from the public right-of-way, and a complete set of the approved plans shall be retained on the premises and shall be made available to the city inspectors.
(b) Certificate not required for ordinary maintenance or repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting or repair of any building or any structure in an HC District which does not require a building permit, except as specified in section 9-0.4(a) above, nor to prevent the demolition of any structure for public safety reasons. The building official shall determine what constitutes ordinary maintenance or repair and shall submit a written recommendation to the planning commission when the demolition of structures is deemed necessary for public safety reasons. Nothing in this chapter shall be construed to prevent ordinary yard maintenance and landscaping of premises and sites.
(c) General certification of appropriateness. General certification of appropriateness for specific classes of cases may be issued by the commission if it is found that particular materials, products, designs, architectural features or styles or other characteristics are generally acceptable and appropriate within the district or its transitional areas, and that continued detailed consideration of individual applications involving only such matters would be superfluous. In such cases, if the zoning administrator or designee finds, upon examining the application, that all aspects which would otherwise require commission review are covered by general certification, he may issue the certificate of appropriateness without referral to the commission, identifying the general certification in the record concerning the application.
(d) Preapplication conferences. Applicants for a certificate of appropriateness are encouraged to meet with staff of the department of city planning and codes administration to present the general concept of the proposed development and discuss the design guidelines for the particular HC District.
(e) Application requirements. Applications for certificates of appropriateness shall be referred by the zoning administrator to the planning commission for review and action on issuance of a certificate of appropriateness, unless general certification has been established. The planning commission shall act on such applications within 60 days of receipt of the application and all materials required for review in the particular case.
(f) Materials to be submitted for review. By general rule or by specific request in a particular case, the planning commission may require submission of any or all of the following information in connection with the application: architectural plans, for principal structures and accessory structures, site plans, landscaping plans, fence or wall plans, proposed signs and site appurtenances with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structures with important relationships to public view and indication as to construction materials, product specifications, design of doors and windows, ornamentation, colors and the like, photographs or perspective drawings indicating visual relationships to adjoining structures and spaces, and such other exhibits and reports as are necessary for its determinations.
(g) Review and recommendation by design review committee. The Norfolk Design Review Committee shall, after reviewing all materials submitted for review, and after conducting a meeting on the application, including a presentation by the applicant, forward a recommendation through the department of city planning and codes administration to the planning commission as the architectural review board. The recommendation shall contain findings of fact as to whether the proposed development is consistent with any applicable design guidelines in effect for the HC District in question and contain a recommendation to either approve, with or without modifications, or deny the application for a certificate of appropriateness.
(h) Criteria for determining appropriateness of architectural features. In reviewing applications for the erection, construction, reconstruction, remodeling, exterior alteration or restoration of a building or structure, including accessory structures, the design review committee and planning commission shall consider the following in determining the appropriateness of architectural features:
(1) The exterior architectural features, including all signs, which are subject to the public view from a public street, way or place.
(2) The general design, arrangement, texture, materials, colors, and fenestration of the proposed building or structure and the relation of such factors to similar features of buildings or structures in the immediate vicinity.
(3) The extent to which the building or structure would be harmonious with or architecturally incompatible with the basic character of the Historic and Cultural Conservation District.
(4) The extent to which the building or structure will promote the general welfare of the city and all citizens by the preservation and protection of historic places and areas of historic interest in the city.
(i) Criteria for determining appropriateness of site features. In reviewing applications for site development and site appurtenances (including driveways, parking areas, walls, fences, decks, arbors and the like). The design review committee and planning commission shall consider the following in determining the appropriateness of sit features:
(1) The traditional treatment and character of yards and open space in the immediate vicinity and in the historic district generally.
(2) The location on the site, and the extent of intrusion, of hard surface area (driveways, walks, and parking areas) in relation to the traditional characters of the area and the availability of means to mitigate such intrusions.
(3) The compatibility of materials and colors of hard-surfaced areas to the materials and colors of the buildings on the site.
(4) The compatibility of materials, colors, forms and detailing of site appurtenances in relation to the architectural features of the principal and accessory buildings on the site.
(j) Action by planning commission. After examination of material submitted and field examination if necessary in the case, the planning commission shall issue a certificate of appropriateness only if it finds that the proposal is in fact appropriate to the character, appearance and efficient functioning of the district and meets requirements established by the city council. Any action by applicants following issuance of a permit requiring a certificate of appropriateness shall be in accord with the application and material approved.
The planning commission shall not issue a certificate of appropriateness authorizing any construction, installation, or issuance of any permit, if it finds that the action proposed would adversely affect the primary character of the district or the setting of structures and premises of substantial public interest. Where certification is denied, the commission shall record its reasons for denial.
(k) Subsequent modification of approved development proposals. The planning commission, on the recommendation of the Norfolk Design Review Committee, may permit modification of original proposals, if such modifications are formally acknowledged, clearly indicated and recorded.
(l) Revocation of permits for failure to comply with terms of certificate of appropriations. Failure to comply with the terms and conditions of an approved certificate of appropriateness may result in revocation of any subsequently issued permit requiring a certificate of appropriateness or may result in issuance of a zoning violation notice.
(m) Appeals from final decisions of the planning commission. Applicants for certificates of appropriateness shall have the right to appeal to the council of the City of Norfolk for review, setting forth in writing the alleged illegality of the action of the commission, provided such petition is filed within 30 days after the final decision rendered by the commission. The filing of the appeal shall stay the decision of the commission pending the outcome of the appeal, except that the filing of the appeal shall not stay the decision of the commission if such decision denies the right to raze or demolish a historic area, building or structure.
Applicants for certificates of appropriateness shall further have the right to appeal to the Circuit Court of the City of Norfolk for review by filing a petition at law, setting forth the alleged illegality of the action of the council, provided such petition is filed within 30 days after the final decision is rendered by the council.
The filing of the said petition shall stay the decision of the council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay the decision of the council if such decision denies the right to raze or demolish a historic area, building or structure.
9-0.5 Moving structures.
No permit shall be issued for moving all or any significant part of a structure in an HC District without a certificate of appropriateness from the planning commission. Procedures, limitations and requirements concerning such certification shall be general as in section 9-0.4 with appropriate modifications as to material required for review in the particular case; provided, however, that the commission shall have 12 months in which to act on such certification and that unless such certificate is issued within 12 months, the moving permit may be issued without such certificate.
In reviewing an application for a certificate of appropriateness to move or relocate a building within an HC District, the design review committee and planning commission shall consider the following criteria:
(a) Whether the proposed relocation would have a detrimental effect on the structural soundness of the building or structure;
(b) Whether the proposed relocation would have a detrimental effect on the historical aspects of other buildings in the district;
(c) Whether relocation would provide new surroundings that would be harmonious with or incongruous with the historical and architectural aspects of the structure or building; and
(d) Whether relocation of the building would help preserve and protect a historic place or area of historic interest in the city.
9-0.6 Demolition of structures.
(a) No permit shall be issued for demolition of all or any significant part of a structure in an HC District before approval of a certificate of appropriateness by the planning commission, or failing such approval, as specified below.
(b) In reviewing an application for a certificate of appropriateness to raze or demolish a building within an HC District, the design review committee and the planning commission shall review the circumstances and the condition of the structure or part proposed for demolition and shall report their findings based on consideration of any or all of the following criteria:
(1) Whether the building is of such architectural or historical interest that its removal would be to the detriment of the public interest;
(2) Whether the building is of such old and unusual or uncommon design, texture and material that it could not be reproduced, or be reproduced only with great difficulty; or
(3) Whether retention of the building would help preserve and protect an historic place or area of historic interest in the city.
(c) The commission shall review the circumstances and condition of the structure or part proposed for demolition and shall determine feasibility of preservation. If preservation is found to be physically and/or economically infeasible, the demolition permit shall be issued upon certification of appropriateness by the commission.
(d) If preservation is found to be physically and economically feasible, the commission shall take or encourage the taking of whatever steps seem likely to lead to such preservation, either on the site on which the structure is located or another site to which it might appropriately be moved.
(e) In the event that the certificate of appropriateness for demolition is formally denied by the planning commission and the city council, the property owner shall offer the property for sale, at a price reasonably related to its fair market value and for a specified period of time, to any party willing to preserve and restore the landmark, building or structure and the land pertaining thereto. The time schedule for offers to sell is as follows: three months when the offering price for the particular property is less than $25,000.00; four months when the offering price is $25,000.00 or more but less than $40,000.00; five months when the offering price is $40,000.00 or more but less than $55,000.00; six months when the offering price is $55,000.00 or more but less than $75,000.00; seven months when the offering price is $75,000.00 or more but less than $90,000.00; and twelve months when the offering price is $90,000.00 dollars or more. If no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of the property within the above specified period, the demolition permit shall be issued.
9-0.7 Required maintenance.
(a) General provisions. All buildings and structures within the HC Districts shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration in compliance with Volume II–Building Maintenance Code, of the Uniform Statewide Building Code.
(b) Specific application to vacant buildings and structures. The BOCA National Property Maintenance Code, as adopted by the board of housing and community development as part of Volume II–Building Maintenance Code, of the Uniform Statewide Building Code (the “property maintenance code”), shall be administered and interpreted by the code official according to the full force and effect of its plain language, and any vacant building or structure which is not substantially maintained as required by the property maintenance code shall be conclusively presumed to cause a blighting problem. It shall be the responsibility of the owner, as that term is defined in section 36-97 of the Code of Virginia, to maintain such vacant building or structure notwithstanding that such building or structure shall have been vacated and secured against public entry, and thus does not constitute an unsafe building as defined by the property maintenance code.
9-0.8 Structural alteration or expansion of structures containing legal nonconforming uses.
Upon findings by the planning commission that a structural alteration or expansion would constitute a substantial improvement over the existing situation, legal nonconforming uses may be permitted to be structurally altered or expanded pursuant to the provisions for special exception uses in Article V, Chapter 25 and pursuant to the criteria below:
(a) Floor area occupied by the nonconforming use shall not be increased by more than 35 percent of the floor area existing in the nonconforming use on or before January 15, 1980;
(b) The structural alteration or expansion shall not involve the removal of more than 50 percent of the structure existing on or before January 15, 1980;
(c) No special exception shall be issued in this class of cases unless nonconformity with specific regulations of the district including height, bulk, lot coverage, required yards, and the like and nonconforming characteristics of use, such as signs, lighting, parking and loading, are reduced to the maximum extent reasonably practical. Under no circumstances shall a special exception of this class be issued which increases the degree of such nonconformity;
(d) Structural alteration or expansion of structures containing nonconforming uses must be done in accordance with a certificate of appropriateness.
9-0.9 Parking and loading.
(a) Parking and loading shall be provided in the HC Districts in conformance with the parking and loading requirements set forth in Article III, Chapter 15, of this ordinance, except that the parking requirement for all residential uses shall be one space per dwelling unit.
(b) No required off-street parking or loading space shall be located in any required front yard.
(c) Where a single-family detached dwelling is being constructed or rehabilitated on a lot too narrow to permit practicable access to a parking area outside the front yard, the certificate of appropriateness may waive the off-street parking requirement.
(d) The minimum parking stall dimensions shall be 8’6″ × 18′ and the minimum drive aisle dimensions shall be 24′ in the HC-EF district.
All signs within the HC Districts shall conform to the applicable sign requirements set forth in Article III, Chapter 16 of this ordinance and shall require a certificate of appropriateness before installation. Sign face changes shall also require a certificate of appropriateness.
9-0.11 Landscaping and buffering.
Landscaping and buffering shall be provided in the HC Districts in conformance with the landscaping and buffering requirements set forth in Article III, Chapter 17 of this ordinance.
9-0.12 Exterior illumination.
If visible from public ways, private exterior lighting of signs, structures and premises, and fixtures for lighting purposes, shall be compatible with the historic character of the HC District.
No such lighting shall be directed or reflected in such a manner as to cause excessive glare in a public right-of-way or in nearby residential properties.
No neon lights inside or outside structures shall be so erected as to be visible from any public way or residential window within the HC District.
9-0.13 Ancillary mechanical equipment.
All ancillary mechanical equipment shall be appropriately shielded from public view.
(Ord. No. 38,560, § 1, 11-5-96; Ord. No. 41,176, § 1, 9-30-03)
9-1 Ghent Historic and Cultural Conservation Districts HC-G1, HC-G2 and HC-G3.
9-1.1 Purpose statement.
The Ghent Historic and Cultural Conservation Districts are of substantial historic and cultural significance because of their compatible and harmonious buildings, reflecting the eclectic architectural styles of the late 19th and early 20th centuries, and because the area was the first planned residential suburb within the City of Norfolk.
It is the intent of the HC-G1, HC-G2 and HC-G3 District regulations to protect the existing concentration of harmonious and noteworthy structures and sites against destruction, to encourage uses and activities which will foster their conservation and improvement, to prevent the creation or encroachment of adverse environmental influences, and to assure that new structures and uses within the districts will be in keeping with the established character of Ghent, which is to be preserved and enhanced. In view of the primary residential character of the HC-G1 and HC-G2 Districts, it is further intended that these be considered residential districts. In the HC-G3 (Ghent Historic and Cultural Conservation District), limited commercial uses would be permitted to retain structures of historical and architectural significance by permitting their adaptive reuse subject to appropriate development standards.
9-1.2 General requirements.
All development in the HCG Districts shall be in accordance with the general requirements of section 9-0 of this chapter.
9-1.3 Permitted uses.
The uses specified as permitted uses in the Table of Principal Uses for the Historic and Cultural Conservation Districts found at section 9-5 are permitted as of right in the HC-G1, HC-G2 and HC-G3 Districts with a zoning certificate, provided that they comply with all requirements of this chapter, the general standards set forth in Article III, and all other applicable requirements of this ordinance.
9-1.4 Special exception uses.
(a) The uses specified as special exceptions in the Table of Principal Uses for the Historic and Cultural Conservation Districts found at section 9-5 shall be permitted in the HC-G1, HC-G2 and HC-G3 Districts with a zoning certificate, provided they are approved pursuant to the standards and procedures for special exceptions set forth in Article V, Chapter 25 and comply with all other applicable requirements of this ordinance.
(b) Bed and breakfast, when permitted by special exception, shall also meet the following requirements:
(1) The bed and breakfast shall be operated in a primary single-family residential structure and not in any accessory structure.
(2) No exterior additions or alterations shall be made for the express purpose of creating or maintaining a bed and breakfast, other than those necessary for health, safety or sanitation requirements. Any exterior additions or alterations must be reviewed by the design review committee and approved by the city planning commission as being in character with the original structure and the surrounding area.
(3) The owner shall be a full-time, bona fide resident of the home in which the bed and breakfast is located; if, however, other than a natural person such as a corporation, trustee, etc., shall be the legal owner, a full-time manager may reside in the premises in the same manner as a natural person owner.
(4) The structure must contain at least two full bathrooms for the exclusive use of the owner or resident manager and other members of the immediate household, plus one private bathroom for each guest bedroom. Each full, discrete bathroom must include a minimum of a water closet, a lavatory and a bath or shower and meet current building code requirements.
(5) No monthly guests are permitted. Maximum length of stay is limited to 14 days in any 30-day period of time. The holder of the special exception shall keep a current guest register, including names, addresses and dates of occupancy of all guests. These records shall be available for inspection by the zoning administrator.
(6) The number of guest rooms shall be established in the special exception and shall not exceed seven.
(7) No bed and breakfast shall be authorized in any structure built on or after June 19, 1990.
(8) No bed and breakfast shall be established within 1,000 feet of another bed and breakfast; provided, however, that the city council may, for good cause shown, waive this requirement.
(9) For bed and breakfast establishments, one off-street parking space for the owner/manager and one space per guest room shall be required. The front yard shall not be used for parking. Parking must be screened in a manner acceptable to the planning commission.
(10) For bed and breakfast establishments, no signs are allowed except for a nameplate, not to exceed one square foot in size, consisting of the name of the establishment, the date of its original construction and a designation as a bed and breakfast. The nameplate shall be nonilluminated and shall be attached either to the structure or to a fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house.
9-1.5 Accessory uses.
Accessory uses and structures are permitted in the HC-G1, HC-G2 and HC-G3 Districts, subject to the provisions of Article III, Chapter 13.
9-1.6 Minimum lot area and width.
The minimum lot area and width standards set forth below are intended to encourage the continuation of the existing patterns of lotting that contribute to the character of the district. They are also intended to prevent future fragmentation of land ownership likely to have adverse effects on such character.
(a) Minimum lot area.
(1) All single-family dwellings except townhouses: 2,500 square feet.
(2) Townhouses: 1,800 square feet.
(3) Two-family dwellings: 3,750 square feet.
(4) Multiple dwellings: 5,000 square feet; 1,650 square feet per dwelling unit.
(b) Minimum lot width.
(1) All single-family dwellings except townhouses: 25 feet.
(2) Townhouse dwellings: 18 feet.
(3) Two-family dwellings: 37.5 feet.
(4) Multiple dwellings: 50 feet.
(c) Changes in lot dimensions. Existing lots or portions of lots may be combined, but none shall be subdivided or otherwise reduced in width, depth, or area without the approval of the planning commission. Approval by the planning commission must be based on a finding that the proposed changes in lot dimensions are consistent with the characteristic development pattern of the immediate area.
9-1.7 Yard requirements.
The purpose of the following yard requirements is to ensure that building fronts display a reasonably uniform configuration. However, latitude will be allowed for minor irregularities in alignment to relieve what might otherwise be a monotonous pattern.
(a) Front yards. Seventeen feet to 20 feet deep; however, if 25 percent or more of the block face frontage contains buildings with lesser front yard depth, the maximum front yard limitation shall be the average of yards on the block face plus 1.5 feet, and the minimum front yard permitted shall be the average of yards on the block face minus 1.5 feet. If unique circumstances warrant, this provision may be modified by the planning commission and by the city council.
(b) Side yards adjacent to a street. Five feet minimum. For a corner side yard of a single lot, which is 30 feet or less in width, a yard at least three feet wide shall be provided. The planning commission and city council may modify this provision if warranted by unique circumstances.
(c) Side and rear yards. Three feet, except where there are common or attached walls at lot lines, with no space between buildings on adjacent lots.
(d) Yards between buildings on same lot or between buildings and fences/walls on same lot. Three feet.
(e) Other yards. Where two or more detached buildings are developed on a row of lots which are generally 30 feet or less in width, any side yard combination may be permitted which provides a minimum of six feet between buildings on adjacent lots. Such arrangement shall be permitted only as a special exception pursuant to Article V, Chapter 25.
9-1.8 Height requirements.
(a) Maximum height: 35 feet.
(b) Minimum height: 25 feet.
(c) Variations from height limits: Notwithstanding the above provisions, where certificates of appropriateness approve greater or lesser heights, on grounds of existing conditions, relationships to adjacent buildings and open space, protection of views, or similar considerations, such heights shall be permitted as authorized variations from the height requirements established in section 9-1.8(a) and (b).
9-1.9 Maximum lot coverage.
The maximum lot coverage of all buildings in the HC-G Districts is 55 percent of lot area.
(Ord. No. 39,221, § 1, 6-30-98; Ord. No. 39,319, § 1, 9-22-98; Ord. No. 39,830, § 1, 1-11-2000)