(a)

PURPOSE AND INTENT.

(1)

The Historic Conservation Overlay district (HC district) fulfills the Comprehensive Plan's goal of recognizing Suffolk's unique character and promoting the conservation and preservation of the City's historic resources and properties. The preservation and growth management of the City's downtown business district, waterfront areas and historic residential neighborhoods are fundamental to implementing Suffolk's future land use plan.

(2)

The HC district is established in accord with Section 15.2-2306 of the Code of Virginia, as amended, to maintain, preserve, protect and enhance the architectural excellence, cultural significance, economic vitality, visual quality and historic importance of the City. The purpose of this district is to provide for protection against destruction or encroachment upon historic areas, buildings, monuments or other features or buildings and structures of recognized architectural significance which contribute or will contribute to the cultural, social, economic, political, artistic or architectural heritage of the City of Suffolk and the Commonwealth of Virginia.

(3)

The HC district is designed to protect designated landmarks and other historic or architectural features and their surroundings within a reasonable distance from destruction, damages, defacement and obviously incongruous development or uses of land. It is also designed to ensure that buildings, structures or signs shall be erected, reconstructed, altered or restored so as to be architecturally compatible with the historic landmark buildings or structures within the district.

(b)

ESTABLISHMENT.

(1)

To enable the district to operate in harmony with the plan for land use and population density embodied in these regulations, the HC district has been created as an overlay district to be superimposed on other districts contained in these regulations and is to be so designated by either a special symbol for its boundaries on the zoning district map or a separate historic areas overlay map.

(2)

The uses, housing types, minimum lot requirements, minimum yard requirements, maximum heights and accessory uses and accessory signs shall be determined by the regulations applicable to the other districts over which the HC district is superimposed, except as these other district regulations may be modified by application of the regulations in the HC district.

(3)

The general boundaries of the HC district have been drawn and adopted by the City Council so as to include all lands closely related to and bearing upon the character of the historic district, thus composing a landscape unit and affording transitional regulations needed to control potentially adverse and conflicting environmental influences.

(4)

The HC district boundaries shall be delineated as an overlay district on the Official Zoning Map for the City or a separate historic areas map incorporated by reference into the Official Zoning Map, and shall be otherwise described as the local historic district in the Suffolk Historic District Guidelines, with amendments as may be adopted from time to time.

(c)

INVENTORY OF LANDMARKS AND CONTRIBUTING PROPERTIES ESTABLISHED.

(1)

An "inventory map," may be adopted by the City Council for any of the above-referenced historic districts, and shall be as much a part of this Ordinance as if fully described herein when filed as a part of the Ordinance by the Clerk of the City.

(2)

All properties designated on said map shall be considered as landmarks, including buildings, structures, districts, objects and sites, contributing properties or non-contributing properties.

(3)

Properties designated as properties which contribute to the historic character of the City but which do not contain landmarks shall be known as contributing properties for the purpose of the Ordinance. Contributing properties within a registered district are historic landmarks by definition.

(4)

Dates of construction noted on said map for certain landmark structures shall be accepted for the purposes of administration of this Ordinance unless a different date is proven to the satisfaction of the Historic Landmarks Commission (HLC), in which case the new date may be noted on the inventory map at the time of the next amendment thereto.

(5)

The inventory map may be amended from time to time in the same manner as the Official Zoning Map.

(d)

PREPARATION OF APPLICATIONS AND RECOMMENDATIONS FOR HC DISTRICT ZONING. Applications for HC district zoning shall be prepared by the Planning Commission with the assistance of the HLC. Each application shall contain information and recommendations as indicated below concerning the areas, buildings and premises proposed for such zoning:

(1)

PROPOSED DISTRICT BOUNDARIES. Insofar as reasonably practicable, these shall be drawn to include all appropriate properties reasonably contiguous within an area, to include both sides of streets, and to divide the proposed district from other districts at rear lot lines or at other points where divisions will create minimum interdistrict frictions. Internal boundaries may subdivide the district into subareas as appropriate for regulatory purposes.

(2)

PROPOSED BOUNDARIES FOR TRANSITIONAL AREAS. 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 areas shall be shown.

(3)

REPORT WITH APPLICATION. A report shall be submitted with the application, establishing and defining the historic and cultural character of the district and describing structures and features of substantial public significance, present trends and conditions, desirable public objectives for conservation, development or redevelopment, and recommending detailed regulations to apply within the district and its subareas and transitional area. Such report may also include plans for public action in or adjoining the district and likely to affect its character and development.

(e)

ACTION BY CITY COUNCIL. In amending this chapter to create an HC district, Council shall include a declaration that the district is in fact of historical and cultural significance requiring protection against encroachment and destruction, and that any classification of individual structures and premises of substantial public interest and of structures, premises and uses likely to have adverse effects shall be used as an administrative guide. If regulations proposed to be adopted are at variance with those recommended by the Historic Landmarks Commission, any changes shall be referred to the Planning Commission for review and report prior to final Council action. Unless the commission reports within thirty (30) days of such referral, or such longer period as may be set in the case by City Council, Council may proceed to act without further delay.

(f)

ADMINISTRATION. After establishment of an HC district, with regulations for the district and its subareas and transitional areas, administrative procedures shall be as generally provided in this Ordinance except as follows. The Planning Commission in cooperation with the Historic Landmarks Commission shall be responsible for administration of special provisions and procedures as set forth herein.

(1)

CERTIFICATE OF APPROPRIATENESS. Where exterior appearance of any structure as viewed from any public right-of-way is involved, the Director shall issue no permit for erection, alteration or improvement unless and until a Certificate of Appropriateness has been issued. Where such certificates are required:

A.

REFERRAL TO HISTORIC LANDMARKS COMMISSION. Applications shall be referred by the City to the Historic Landmarks Commission for review and action, unless general certification has been established as provided in Subsection E. below. The Historic Landmarks Commission shall act on such applications within 60 days of receipt of the application and all material required for review in the particular case.

B.

MATERIAL TO BE SUBMITTED FOR REVIEW. By general rule or by specific request in a particular case, the Historic Landmarks Commission may require submission of any or all of the following in connection with the applications:

(i)

Statement of proposed use and user.

(ii)

Photographs and maps relating proposed use to the surrounding property and/or the corridor on which it is located.

(iii)

Site plan drawings, showing the location of the existing and proposed building and site improvements, including:

a.

Existing property boundaries, building placement and site configuration;

b.

Existing topography and proposed grading;

c.

Location of parking, pedestrian access, signage, exterior lighting, fencing and other site improvements;

d.

Relationship to adjacent land uses;

e.

Proposed site improvements, including location of parking, pedestrian access, signage, exterior lighting, fencing, buildings and structures and other appurtenant elements; and

f.

Proposed building materials and the color of the building materials that are proposed for replacement.

(iv)

Architectural drawings showing plan view and elevations of new planned construction or renovations, including drawings of original building.

(v)

A landscaping and buffer plan.

(vi)

Designs for exterior signing, lighting and graphics, to include description of materials, placement and means of physical support.

C.

INCOMPLETE APPLICATIONS. Applications deemed incomplete by the Director shall be returned to the applicant within 10 business days of initial application submission. The returned application shall include a letter prepared by the Director with adequate instructions to inform the applicant of additional information required to complete the submission. The HLC will not act upon an incomplete application.

D.

ISSUANCE OF CERTIFICATES. After examination of material submitted and field examination if necessary, the HLC or Director shall issue a Certificate only if it finds that the proposal is in fact appropriate and meets the requirements of this chapter. In conferences with applicants, the HLC or Director may permit modification of original proposals if such modifications are formally acknowledged, clearly indicated and recorded. 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 HLC or Director shall not issue a Certificate of Appropriateness authorizing issuance of any permit if they find 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 HLC or Director shall record their reasons for denial.

E.

GENERAL CERTIFICATION OF APPROPRIATENESS FOR PARTICULAR CLASSES. A general Certificates of Appropriateness may be issued by the Historic Landmarks Commission, if it is found that particular materials, designs, architectural features or styles or other characteristics are generally acceptable and appropriate within the district or its transitional areas. In such cases, if the Director finds, upon examination of the application, that all aspects which would otherwise require Historic Landmarks Commission review are covered by the general certification, he/she shall proceed without referral to the HLC, identifying the general certification in the record concerning the application.

(g)

CRITERIA FOR HC DISTRICTS. The following additional criteria shall be applied by the HLC when reviewing a request for a Certificate of Appropriateness:

(1)

PERMITTED USES AND LIMITATIONS. A building or land shall be used only for the following purposes and, except as provided herein, in each case, shall be subject to approval by the HLC or Director, as the case may require, in accordance with the standards set forth in this Article:

A.

All uses shall be governed pursuant to the underlying district regulations of the zoning district in which the HC district is applicable.

B.

Nothing in this Article shall be construed to prevent the application of the building code or other laws and Ordinances of the City of Suffolk which are applicable hereto.

C.

Parking and loading provisions shall be in accordance with the provision of this Ordinance unless otherwise restricted by the conditions of HLC approval.

D.

The normal maintenance of an historic area or building or the charging of admission fees for visitors, or the visitor tours, centers or services within the HC district shall not be considered as commercial uses.

E.

Any conditional use permitted in the zoning district in which the premises is located is subject to the procedures and standards of this Ordinance for approval of said conditional use permit in accordance with the purposes and standards of the HC district.

F.

Any special exception or variance permitted in the zoning district in which the premises is located is subject to the procedures and standards of this Ordinance for approval of special exceptions and variances.

G.

Yard and height provisions shall be in accordance with the provisions of the underlying zoning districts unless otherwise restricted by the conditions of HLC approval.

(2)

GENERAL CONSIDERATIONS. The HLC shall consider, among other things, the following in determining the appropriateness of any erection, reconstruction, exterior alteration or restoration:

A.

The compatibility with the design, development standards and criteria as included in the City's adopted Historic District Guidelines with additions and amendments as may be adopted from time to time;

B.

The appropriateness of the general design geometry and proportions, structural arrangement, building materials, texture and color of materials proposed for replacement, structure or appurtenant element in relation to such factors as the compatibility with similar features of buildings or structures within the area circumscribed by the subject overlay district(s);

C.

The historical or architectural value and significance of the building, structure or appurtenant element and its relationship to the historic or architectural value of the area in which it is proposed to be located;

D.

The extent to which the building, structure or appurtenant element will be harmonious with or architecturally incompatible with the historic buildings within the subject overlay district(s);

E.

The compatibility of planned improvements and renovations with the architectural and historic quality, character and scale of the historic buildings in the City of Suffolk;

F.

The effect of the building, structure or appurtenant element on the Comprehensive Plan's goals for tourism, economic development and residential land uses in and around the historic areas in the City of Suffolk;

G.

The compatibility of the proposed building, structure or appurtenant element with the Comprehensive Plan's goals for historic preservation and architectural design review; and

H.

The ability of the owner to put one's property to reasonable and beneficial use.

(3)

CRITERIA TO BE USED FOR ISSUING A CERTIFICATE OF APPROPRIATENESS. No Certificate of Appropriateness shall be issued unless the application complies with the criteria set forth in the Historic District Guidelines for the City of Suffolk, and any adopted amendments thereto which is hereby incorporated by reference as if set forth in its entirety herein.

(4)

CERTAIN MINOR ACTIONS EXEMPTED FROM REVIEW. Certain minor actions which are deemed not to permanently affect the character of the historic district are exempted from review for architectural compatibility. Such actions shall include the following and any similar actions which, in the opinion of the Director, will have no more effect on the character of the district than those listed:

A.

Repainting resulting in the same or like color. (Original painting of masonry surfaces is not exempted from review.)

B.

Addition, deletion, or replacing of windows, storm windows, and doors that match existing windows, storm windows, and doors. Addition or deletion of window air conditioners.

C.

Addition or deletion of television or radio antennas, skylights, solar collectors or satellite dishes in locations not visible from a public street.

D.

Planting of grass, trees and shrubs, but not including landscape treatment which substantially alters the contour of a landmark site.

E.

Permitted outside storage in any residential, office, business or industrial district which is not visible from a public right-of-way.

F.

Any interior changes.

(5)

APPROVAL OF CERTAIN MINOR ACTIONS BY THE DIRECTOR.

A.

Certain actions which are deemed to result in only minor effects on the character of the historic district may be approved by the Director for any structure, including designated landmarks and contributing properties, upon submittal of an appropriate application as described hereinabove.

B.

Such action shall include the following and any similar actions which, in the opinion of the Director, will not have a negative effect on the character of the district.

(i)

Addition or deletion of outside doors, window frames, shutters, permanent canopies and similar appurtenances.

(ii)

Application or use of exterior materials of the same type, color and texture of those already in use which will substantially cover one or more sides of the structure and which are in substantial compliance with the City's adopted Historic District Guidelines. This provision applies to roofing as well as siding.

(iii)

Minor additions or deletions to the structure which will not substantially change the architectural character of the structure.

(iv)

Construction of accessory buildings and structures which are in keeping with the character of the existing structure and its surroundings.

(v)

Addition or deletion of fences or walls.

(vi)

Construction of piers, docks and bulkheads.

(vii)

Landscaping involving minor grading, walks, low retaining walls, temporary fencing, small fountains, ponds and the like, which will not substantially affect the character of the property and its surroundings.

(viii)

Any sign permitted in a residence district, business district, or industrial district and any permitted non-illuminated flat sign.

(ix)

Off-street loading areas and off-street parking areas containing ten spaces or less in a business or industrial district.

(x)

Outside storage which does not require structural changes or major grading.

(xi)

Painting the siding and trim materials of existing painted surfaces and the application of new or replacement siding and trim materials associated with both existing structures and new construction.

C.

The Director shall be guided in his/her decisions by the standards and guidelines established for the Historic Conservation Overlay district and shall have authority to request modifications of a specific proposal in order that the proposal may comply with said standards and guidelines.

D.

In case of disapproval by the Director, the applicant may appeal the Director's decision within 30 days thereof to the HLC.

E.

The Director shall keep a record of his/her decisions under this Section and shall report such decisions to the HLC at its next regular meeting.

(6)

APPROVAL OF CERTAIN MAJOR ACTIONS BY THE DIRECTOR—PROPERTIES OTHER THAN DESIGNATED LANDMARKS OR CONTRIBUTING PROPERTIES.

A.

In addition to its granted authority hereinabove for all properties in the HC district, the Director shall, for properties not designated as landmark or contributing properties have authority to approve any of the major actions as listed hereinbelow except construction of a new main building. This is provided that the Director determines that such action will not substantially and permanently affect the character of the HC district in an adverse way.

B.

The Director shall be guided in his/her decisions under this Section by the standards and guidelines established for the Historic Conservation Overlay district, and shall have authority to request modification of proposed changes in order to comply with those standards and guidelines.

C.

In case of disapproval by the Director, the applicant may appeal said decision within 30 days thereof to the HLC.

D.

The Director shall have no authority to grant variances as they are provided for elsewhere in this Ordinance.

E.

The Director shall keep a record of his/her decisions under this Section and shall report such decisions to the HLC at its next regular meeting.

(7)

APPROVAL OF MAJOR ACTION BY THE HLC.

A.

The following major actions and any other actions not specifically exempted by the terms of this Ordinance or which, in the opinion of the Director, may constitute a major permanent and detrimental change to the character of the HC district, shall be approved only after a public meeting and favorable action by a majority of the HLC:

(i)

Razing, demolishing or moving of a designated landmark or contributing building or accessory.

(ii)

Construction of a new main building.

(iii)

Any addition to, or substantial alteration of, a designated landmark or structure on a contributing property which increases the square footage of the structure or otherwise alters substantially its size, height, contour or outline.

(iv)

Any change or alteration of the exterior architectural style of a designated landmark or contributing property, including removal or rebuilding of porches, dormers, cupolas, stairways, terraces and the like.

(v)

Addition to or removal of one or more stories pertaining to a designated landmark or contributing property.

(vi)

Alteration of the roof line of a designated landmark or contributing property.

(vii)

Illuminated signs.

(viii)

Any other major actions not specifically covered by the terms of this Section but which would have a substantial effect on the character of the HC district as determined by the Director.

B.

The HLC shall be guided in its decisions by the standards and guidelines established in this Article and in the Historic District Guidelines. The HLC shall have authority to request modification of proposed actions in order to comply with said standards and guidelines.

C.

The reviewer shall not disapprove an application except with respect to the standards and guidelines in this Article. The HLC shall give reasons for its decisions, shall act promptly on applications before it and shall coordinate its procedures with those of other agencies and individuals charged with the administration of this Ordinance. The HLC shall not be strict in its judgment of plans for structures of little historic or architectural value or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding structures or of the surrounding area.

D.

The HLC is not required to limit new construction, alterations or repairs to the architectural style of any one period and may seek advisory assistance from experts in such fields as the HLC's work requires.

E.

Meetings of the HLC are open to the public. Written notice of the major actions to be considered by the HLC shall be given to the applicant and adjacent property owners. Meetings wherein major action items are to be considered must be advertised in advance.

(h)

CONDITIONS IMPOSED BY THE HLC. In approval of any Certificate of Appropriateness under this Section, the HLC or, on appeal, the City Council may limit such approval by such reasonable conditions as the case may require, including but not limited to the specifications enumerated in the "Conditional Rezoning" and "Board of Zoning Appeals Decisions" Sections of this Ordinance (Article 3).

(i)

APPEALS. Any applicant may appeal the decision of the Historic Landmarks Commission, in refusing to grant Certificates of Appropriateness, to the City Council and from Council to Circuit Court. An appeal must be filed within 30 days from the time a decision is rendered by the Historic Landmarks Commission or City Council. The City Council shall fix a reasonable time for the hearing on the appeal and give public notice thereof as required by the Zoning Ordinance and decide the same within 60 days. In exercising its powers, the City Council may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the HLC. The City Council shall consult with the HLC in relation to any appeal and may require documentation of any HLC decision prior to hearing the appeal. The City Council may affirm, reverse or modify the HLC decision and shall notify the Director of its action. Any adverse decisions made by the Historic Landmarks Commission prior to the date this Ordinance is adopted may be appealed by the applicant within thirty (30) days after the effective date of this Ordinance. The filing of the said petition shall stay the decision of the City Council pending the outcome of the appeal to the Circuit Court. The court may reverse or modify the decision of the City Council, in whole or part, if it finds upon review that the decision of the governing body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion. It may affirm the decision of the City Council.

(1)

APPEAL TO THE CIRCUIT COURT FROM A DECISION OF THE CITY COUNCIL. An appeal from a final decision of the City Council may be filed with the Circuit Court of within thirty (30) days after said decision in the manner prescribed by law by the owner of the property in question or by the HLC. The filing of an appeal shall stay the decision of the City Council pending the outcome of the appeal to the Court, except that the filing of such petition shall not stay the decision of the City Council if such decision denies the right to raze or demolish a designated landmark, building or structure. The court may reverse or modify the decision of the City Council, in whole or in part, if it finds, upon review, that the decision of the City Council is contrary to law or that it's decision is arbitrary and constitutes an abuse of discretion. It may affirm the decision of the City Council.

(2)

ALTERNATE PROCEDURE—OFFER TO SELL. In addition to the right of appeal hereinabove set forth, the owner of a designated landmark, building or structure, the razing or demolition of which is subject to the provisions of this Article, shall as a matter of right be entitled to raze or demolish such landmark, building or structure, provided that:

A.

The owner or applicant has applied to the City Council for such right;

B.

The applicant has for the period of time set forth in the time schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building or structure and the land pertaining thereto, to the City or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building or structure and the land pertaining thereto; and

C.

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained.

Any appeal which may be taken to the Court from the decision of the City Council, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the City Council, but thereafter the owner may renew his/her request to the City Council to approve the razing or demolition of the designated building, landmark or structure. The time schedule for offers to sell shall be as follows:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

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

(vi)

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

D.

During the time frame for the offer to sell, the HLC may take steps as deemed necessary to preserve, acquire or relocate the buildings, structures or appurtenant elements in accord with the purposes of this Article, including but not limited to coordination with public agencies, civic groups and citizens.

(j)

MOVING STRUCTURES OF SUBSTANTIAL PUBLIC INTEREST. Except as provided below, no permit shall be issued for moving all or any significant part of a structure designated as having substantial public interest without a Certificate of Appropriateness. Procedures, limitations and requirements such certification shall be generally as for Subsection (f)(1) of this Section with appropriate modifications as to material required for review in the particular case; provided, however, that the Historic Landmarks Commission shall have six months in which to act on such certification and that unless such certificate is issued within six (6) months, the moving permit may be issued without it.

(k)

DEMOLITION OF STRUCTURES OF SUBSTANTIAL PUBLIC INTEREST. Except as provided below, no permit shall be issued for demolition of all or any significant part of a structure designated as having substantial public interest before approval by the Historic Landmarks Commission or, failing such approval, as specified below unless the property maintenance official, consistent with the Uniform Statewide Building Code, Part III Maintenance, determines that such structure constitutes a hazard that it shall be razed, demolished or moved. The Historic Landmarks Commission shall review the circumstances and condition of the structure or part proposed for demolition and shall determine the feasibility of preservation. An appeal of the determination of the Historic Landmarks Commission that preservation is feasible shall be permitted to the City Council and Circuit Court within 30 days after determination, if requested in writing by the property owner.

(l)

MAINTENANCE AND REPAIR REQUIRED. All buildings and structures in the HC district shall be preserved against decay and deterioration and maintained free from structural defects to the extent that such decay, deterioration or defects may, in the opinion of the Historic Landmarks Commission, or on appeal to the City Council, result in the irreparable deterioration of any exterior appurtenance or architectural feature or produce a detrimental effect upon the character of the district as a whole or upon the life and character of the structure itself, including but not limited to:

(1)

The deterioration of exterior walls or other vertical supports;

(2)

The deterioration of roofs or other horizontal members;

(3)

The deterioration of exterior chimneys;

(4)

The deterioration or crumbling of exterior plaster or mortar;

(5)

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

(6)

The peeling of paint, rotting, holes and other forms of decay;

(7)

The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, steps, signs, accessory structures and landscaping;

(8)

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

After due notice by the Historic Landmarks Commission, or on appeal the City Council, by certified or registered mail of specific instances of failure to maintain or repair and of an opportunity to appear before the Historic Landmarks Commission, or on appeal the City Council, the owner or person in charge of said structure shall have ninety (90) days to remedy such violation. If the owner fails to act, the Historic Landmarks Commission, or on appeal the City Council, may order the Zoning Administrator, after due notice to the owner, to enter the property and make or cause to be made such repairs as are necessary to preserve the integrity and safety of the structure, and the reasonable costs thereof shall be placed as a lien against the property.

(Ord. No. 12-O-101, 12-5-2012; Ord. No. 23-O-110, § 2(Exh. B), 8-16-2023)