(a)

Purpose. The H-O district is established, in accordance with Code of Virginia § 15.2-2306, to protect and enhance valuable historic resources of the nation, state and the city. Protection of historic resources promotes the general welfare by generating economic opportunities and attracting visitors; encouraging interest and education in architecture, design and history; and making the city an attractive and desirable place to live and work. Specifically, the H-O district is intended to:

(1)

Encourage the preservation and rehabilitation of important historic, architectural and cultural resources;

(2)

Prevent the loss of irreplaceable historic resources and diminishment of the city's historic districts;

(3)

Promote resources that link present and future generations to the city's unique history and thereby contribute to a shared sense of community;

(4)

Enhance tourism and economic development opportunities;

(5)

Preserve property values and contribute to pleasant and attractive neighborhoods; and

(6)

Pursue the comprehensive plan goals for historic preservation.

(b)

Applicability. The H-O district shall apply to contributing structures in the following historic districts, as shown on the zoning map, and individual landmarks as described by the Virginia Landmarks Register and the National Register of Historic Places:

(1)

Historic districts.

a.

Solar Hill Historic District.

b.

Bristol Commercial Historic District, including Piedmont Avenue Boundary Increase.

c.

Bristol Warehouse Historic District.

(2)

Historic landmarks.

a.

Bristol Railroad Station.

b.

Bristol Virginia-Tennessee Slogan Sign.

c.

The Douglass School.

d.

East Hill Cemetery.

e.

First Baptist Church.

f.

Virginia Intermont College.

g.

King-Lancaster-McCoy-Mitchell House.

h.

Virginia High School (now Virginia Middle School).

(c)

Designation of historic districts and landmarks.

(1)

Additional parcels, structures and buildings may be added to the H-O district as new landmarks and districts or as additions to existing districts through an inventory and designation process in keeping with the Virginia Department of Historic Resource requirements for district and landmark designation.

(2)

Designation of parcels or landmarks to the historic overlay district requires a zoning district map amendment (rezoning) as described in § 50-17.

(d)

Permitted uses. All permitted and special uses of the underlying zoning district are allowed subject to the specific requirements and procedures for each use classification.

(e)

Maintenance and building code provisions. Owners of historic landmarks or contributing historic buildings and structures shall not allow them to fall into a state of disrepair so as to endanger their physical integrity or the public health and safety.

(f)

Exceptions for unsafe conditions or nuisance. Nothing in this article shall apply to or in any way prevent the moving or demolition, in whole or in part, of any building or structure in the city which is in such a dangerous, hazardous or unsafe condition that it has been ordered demolished by the building official or which is declared a public nuisance pursuant to chapter 50, article VI. Demolition for these reasons, or any demolition required by a final, non-appealable ruling of a court, is not subject to the requirements of this division.

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

(a)

Applicability. A certificate of appropriateness is required prior to demolition or relocation of an historic structure.

(b)

Application requirements. An application for certificate of appropriateness shall be submitted in accordance with requirements and procedure established by the planning commission and city staff.

(c)

Notice and public hearing. The planning commission shall hold a required public hearing and give notice in accordance with Code of Virginia, § 15.2-2204.

(d)

Action by city staff. The director of planning and community development shall review the application and, considering the review criteria in section 50-65 and make a recommendation to the planning commission.

(e)

Action by planning commission.

(1)

Following a properly advertised public hearing and after having reviewed relevant information on the matter the planning commission may approve the application as proposed, approve the application with modifications or deny the application in which case written reasons for denial shall be forwarded to the applicant.

(2)

The director of planning and community development shall forward written notice of approval, modification or denial to the zoning administrator.

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

(a)

Demolition criteria. The planning commission may consider any or all of the following criteria when deliberating on an application for certificate of appropriateness to demolish a landmark or structure or building within the H-O district:

(1)

Whether or not the building or structure embodies distinctive characteristics of a type, period, style, method of construction, represents the work of a master, possesses high artistic values or is associated with events that make a significant contribution to the broad local history or is associated with historically significant persons.

(2)

Whether or not the building or structure contributes visible architectural value to and provides historic continuity with properties within the same block, including both sides of the street, and the viewshed.

(3)

Whether the building or structure is of such age, authenticity and unusual or uncommon design, setting, workmanship, and materials, and whether such design, quality and workmanship and traditional materials could be reproduced.

(4)

Specific plans for the site should the structure or building be demolished and the architectural compatibility of those plans and uses with properties within the same block, including both sides of the street and the viewshed.

(5)

Whether it is economically and practically feasible in the opinion of a qualified structural engineer and/or building trades professional to preserve or restore the structure.

(6)

Whether the property owner can make alternate, economically viable uses of the property.

(7)

Whether relocation may be appropriate and feasible as an alternative to demolition.

(8)

Whether the existing structure is suited to or can be adapted to a proposed change in land use.

(b)

Relocation criteria. The planning commission may consider any or all of the following criteria when deliberating on an application for certificate of appropriateness to relocate a landmark or structure or building within the H-O district:

(1)

Whether or not the building or structure embodies distinctive characteristics of a type, period, style, method of construction, represents the work of a master, possesses high artistic values or is associated with events that make a significant contribution to the broad local history or is associated with historically significant persons.

(2)

Whether or not the building or structure contributes visible architectural value to and provides historic continuity with properties within the same block, including both sides of the street, and the viewshed.

(3)

Specific plans for the site, should the structure or building be demolished; and the architectural compatibility of those plans and uses with properties within the same block, including both sides of the street, and the viewshed.

(4)

Whether the structure or building can be moved without harm or damage to its physical integrity.

(5)

Whether the proposed relocation area is compatible with the building or structure's documented historic, scenic, cultural, aesthetic or architectural character in terms of architectural style and period of construction and furthers preservation of the building or structure and is located within the city.

(6)

Where appropriate, relocation should be encouraged by allowing improvements to be sold separate from the underlying property at an offering price not to exceed the fair market value as determined according to section 50-67(c).

(7)

Whether the existing structure is suited to or can be adapted to a proposed change in land use.

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

If an application for a certificate of appropriateness is denied or modified, the applicant may appeal such decision within 30 days to the city council. The city council shall consider the application following a review of the planning director's report and the full written record of the planning commission's meeting and decision on the matter. The applicant shall have the right to appeal a decision of city council to the circuit court as provided in Code of Virginia, § 15.2-2306(3).

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

(a)

In addition to the right of appeal, and in accordance with Code of Virginia, § 15.2-2306(3), the owner of any historic landmark, building or structure shall have the right to relocate or demolish such landmark, building or structure so long as:

(1)

The owner has applied to the city for the right to do so in a manner as described herein; and

(2)

The owner has, for a time period as listed herein and at a price reasonably related to its fair market value (as defined in this section), made a bona fide offer to sell:

a.

The landmark, structure or building and the land pertaining thereto; or

b.

The landmark, building or structure for sale separate from the land to any individual or entity which gives reasonable assurance to preserve the landmark, structure or building.

(3)

No bona fide contract, binding on all parties thereto, shall have been executed for the sale of landmark, structure or building and the land pertaining thereto, prior to the applicable time period as listed below:

a.

Three months when the offering price is less than $25,000.00;

b.

Four months when the offering price is $25,000.00 or more but less than $40,000.00;

c.

Five months when the offering price is $40,000.00 or more but less than $55,000.00;

d.

Six months when the offering price is $55,000.00 or more but less than $75,000.00;

e.

Seven months when the offering price is $75,000.00 or more but less than $90,000.00; and

f.

Twelve months when the offering price is $90,000.00 or more.

(b)

Bona fide offer to sell.

(1)

The applicant shall, in writing, notify the zoning administrator of the bona fide offer to sell to begin the offer time period as listed above. The applicant shall provide the zoning administrator evidence of normal efforts of an earnest seller to aggressively market the property including conspicuous and regular advertising in publications of local circulation or advertising with various listing services. The applicant shall also place conspicuous advertising on the property in a location and of such size as might normally be expected for the sale of any property by an earnest seller. The zoning administrator shall review the applicant's offer to sell and any proposed conditions to that sale within ten days of the original notice to determine that a bona fide offer has been initiated. If at any time the seller fails to follow or maintain the bona fide offer to sell, the time period for sale shall lapse.

(2)

If no bona fide contract to sell has been executed at the termination of the offer period, the seller shall provide the zoning administrator an affidavit demonstrating their efforts to sell, detailing inquiries and attesting to the fact that no viable purchase offer was made.

(3)

Sale of the property shall terminate the petition to demolish and any new owner would be required to follow the procedures as listed (herein) in order to demolish or relocate a regulated structure.

(c)

Fair market value. Fair market value shall be considered a price not exceeding the assessed value of the property, as determined by the city's real estate assessor, such assessment being performed upon indication by the owner/applicant that he/she wishes to pursue demolition after denial of a certificate of appropriateness by the planning commission or an appeal made to city council. This assessment shall be based on both an interior and exterior inspection of the property and shall represent a current assessment of the property's fair market value. The owner/applicant may challenge the assessed value as a fair market value by seeking at his/her sole expense an independent appraisal of the property in question completed by a licensed appraiser. Should the city's real estate assessor and the independent appraiser not agree upon the said fair market value, they shall choose a third qualified appraiser. A median value shall be established by the three appraisers, which shall be final and binding. The bona fide offer to sell period shall commence once a fair market value is established.

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