This article shall be known and may be cited as the "Zoning Ordinance of Bristol, Virginia," and the map herein referred to, which is identified by the title "Bristol, Virginia Zoning Map," shall be known as the "Zoning Map of Bristol, Virginia." The zoning map and all explanatory matter thereon is hereby adopted and made a part of this article.

(Ord. No. 20-4, 11-24-20)

The general purposes of this article are to promote the health, safety, convenience, order, prosperity, and general welfare of the people of the city. The districts shown on the zoning map have been designated after consideration as to the character of each district, its suitability for particular uses, its relation to the general land use plan for the city, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city to the end that this city may become a better city in which to live.

More specifically, this article is designed to give reasonable consideration to each of the purposes of zoning ordinances identified in the Code of Virginia, § 15.2-2283, as amended, and to implement the Comprehensive Plan of Bristol, Virginia.

(Ord. No. 20-4, 11-24-20)

This article and map are adopted according to the authority of the Code of Virginia, § 15.2-2280 et seq., as amended. As specified therein, the City of Bristol is authorized to provide for the establishment of districts within the corporate limits in which the city may regulate, restrict, permit, prohibit and determine:

(1)

The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses;

(2)

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

(3)

The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; or

(4)

The excavation or mining of soil or other natural resources.

(Ord No. 20-4, 11-24-20)

No building or land shall be used and no building or part thereof shall be erected, moved or altered except in conformity with the regulations herein specified for the district in which it is located, except as hereinafter provided in this article.

(Ord. No. 20-4, 11-24-20)

(a)

Nothing in this article shall be construed to authorize the impairment of any vested right, except that land, buildings, and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a substantially similar or more limited use continues and such use is not discontinued for more than two years; and that the uses of such buildings or structures shall conform to such regulations whenever they are enlarged, extended, reconstructed or structurally altered; and no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use.

(b)

A building or structure that is nonconforming or is devoted to a nonconforming use and is damaged or destroyed by an accidental fire, natural disaster, or other act of God may be repaired, rebuilt, or replaced such that the nonconforming features are eliminated or reduced to the extent possible. If such building is damaged to the extent greater than 50 percent of its fair market value and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so within two years of the damage as long as the work is in compliance with all applicable building code regulations and the floodplain provisions found in this article.

(c)

If the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the property owner is provided with an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph.

(d)

For purposes of this section, "act of God" shall include any natural disaster or phenomena including a tornado, storm, flood, high water, wind-driven water, earthquake or fire caused by lightning or wildfire. Nothing herein shall be construed to enable the property owner to commit an arson and obtain vested rights under this section.

(e)

For purposes of this section, more limited use will not include a residential building or structure situated in a manufacturing zone as prohibited by section 50-135.

(f)

A nonconforming structure may be enlarged, extended, reconstructed or structurally altered as long as the degree of the nonconformity is not increased.

(g)

A nonconforming use may be extended throughout any part of a structure which was arranged or designed for such use at the time of passage or amendment of this article.

(Ord. No. 20-4, 11-24-20)

This article is not intended to override any easement, covenant, or any other private agreements provided that where the regulations of this article are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this article shall govern.

(Ord. No. 20-4, 11-24-20)

Should any section or any provision of this article be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.

(Ord. No. 20-4, 11-24-20)

(a)

Where a lot at the time of the adoption of the ordinance or at the time of subsequent amendment to this article does not meet the minimum lot size for the district in which it is situated, such lot may be used as a building site for a single-family residence in a district where residences are permitted, provided the yard space and other requirements are met.

(b)

If two or more adjoining and vacant lots of record are in a single ownership at any time after the adoption of the ordinance or its subsequent amendment and such lots individually have less frontage or area than the minimum requirements of the district in which such lots are located, such lots shall be considered as a single lot.

(Ord. No. 20-4, 11-24-20)

In single- and two-family residence districts, only one principal building and its customary accessory building or buildings may hereafter be erected on any lot.

(Ord. No. 20-4, 11-24-20)

No lot shall be reduced in area so that yards, lot area per dwelling unit, lot width, building area or other requirements of this article are not maintained. This section shall not apply when a portion of lot is acquired for a public purpose.

(Ord. No. 20-4, 11-24-20)

At all street intersections, adequate sight distances shall be maintained, except within the B-2 central business district. Although the B-2 central business district requires no front setback distance, sight distance shall be provided to the greatest extent possible.

(Ord. No. 20-4, 11-24-20)

In case of annexation to the city, or in case property comes into the territorial jurisdiction of the city other than by annexation, the regulations applying to existing county zoning shall be construed to apply to all such annexed or new territory pending amendment to this article.

(Ord. No. 20-4, 11-24-20)

No residential building shall be erected on a lot which does not abut a public street for a minimum of 50 feet, unless it meets one of the following exceptions:

(1)

Such lot is legally recorded prior to the adoption of the city subdivision ordinance and has an easement or right-of-way legally platted and/or recorded to a public street or road. A street connection for such easements or private rights-of-way shall be subject to the entrance requirements of the city. Nothing contained in this section shall be construed to permit the subdivision or re-subdivision of lots or tracts abutting such private easements or rights-of-way in such manner as to violate any provision of the subdivision ordinance of the city.

(2)

Lots which front on a cul-de-sac shall not be required to meet the minimum frontage requirement, provided that the frontage is sufficient to permit the construction of a state department of transportation standard residential entrance, including required radii; the front building restriction line is moved toward the rear of the lot a sufficient distance to provide the full lot width requirement for the zoning district; the rear and side yard requirements are maintained; and the lot meets the minimum area requirement for the zoning district. Any lot shall have been subdivided and/or recorded prior to the adoption of the city's subdivision ordinance, or the lot shall have been subdivided in accordance with the applicable city subdivision ordinance.

(3)

Lots may front on private streets within condominium and multifamily apartment complexes and in other types of developments as set forth in the city's subdivision ordinance and the design criteria for subdivision streets set forth in the VDOT Road Design Manual — Subdivision Street Design Guide, except that no right-of-way shall be required. A plan of perpetual maintenance shall be established with provisions satisfactory to the planning commission to assure that such private streets shall be maintained in a satisfactory manner without expense to the city.

(Ord. No. 20-4, 11-24-20)

(a)

The planning commission may, and at the direction of the governing body shall, consider amendments to this article, by the process prescribed in Code of Virginia, § 15.2-2285, including a change to the zoning map commonly called a "rezoning." The commission shall hold at least one public hearing on any amendment, after notice as required by Code of Virginia, § 15.2-2204, and may make appropriate changes in the proposed amendment as a result of the hearing. Upon the completion of its work, the commission shall present the proposed amendment to the city council together with its recommendations and appropriate explanatory materials.

(b)

No amendment shall be approved unless the city council has referred the proposed amendment to the planning commission for its recommendation. Failure of the commission to report 100 days after the first meeting of the commission after the proposed amendment has been referred to the commission, or such shorter period as may be prescribed by the city council, shall be deemed approval, unless the proposed amendment has been withdrawn by the applicant prior to the expiration of the time period. In the event of and upon such withdrawal, processing of the proposed amendment shall cease without further action.

(c)

Before approving and adopting any amendment thereof, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by Code of Virginia, § 15.2-2204, including the practice of holding a joint public hearing together with the planning commission. After such public hearing, the governing body may make appropriate changes or corrections in the proposed amendment. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by Code of Virginia, § 15.2-2204. Zoning ordinance amendments shall be enacted in the same manner as all other ordinances.

(d)

An amendment of this article may be initiated by any one of the following three means:

a.

The zoning amendment application of one or more persons interested in the proposed amendment, which application shall be filed with the planning commission and shall be accompanied by a fee as provided in the appendix to this chapter.

b.

The resolution of intention of the city council.

c.

The resolution of intention of the planning commission.

(e)

A petition for an amendment will not be considered for six months if the request has been previously denied by city council.

(Ord. No. 20-4, 11-24-20)