Sec. 35.1-17. Amendments.
(a) Who may initiate. Any amendment to the text or official zoning map of this ordinance may be initiated by:
(1) The city council.
(2) The planning commission; provided, however, that any resolution or motion by the planning commission or city council proposing the rezoning shall state the public necessity, convenience, general welfare or good zoning practice constituting the public purpose of such rezoning.
(3) Any person directly affected by such an amendment. However, any such applicant not the owner of any property whose zoning district would be changed shall include in his application written permission by each owner of each property so affected.
(b) Procedure for amendments to the zoning ordinance and the official zoning map.
(1) A petition (letter) requesting a zoning amendment must be submitted to the division of planning by the petitioner a minimum of thirty (30) days prior to the public hearing date for the planning commission. The petition shall include the following documentation prior to scheduling the public hearing:
a. Name and address of petitioner;
b. Legal description of property to be rezoned;
c. Metes and bounds description of property to be rezoned;
d. General description of property to be rezoned (location);
e. Existing and proposed zoning classifications;
f. Purpose of proposed change in zone classification, including intentions of petitioner for use of the property.
(2) The petition shall be accompanied by the following:
a. A check payable to the City of Lynchburg in the amount set forth in the fee schedule adopted by city council.
b. A map showing the subject property (preferrably a copy of the valuation map available from the department of community development, city hall).
c. A schematic site plan including the documentation specified in Section 35.1-14 and indicating proposed use of the property (except for a PUD or CCD request, which requires the initial submittal of a preliminary site plan, with final approval of the conditional use permit contingent upon approval of a final site plan).
When a proposed amendment of the zoning ordinance involves a change in the zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, the planning division shall notify all property owners, their agent or the occupant, of all property within two hundred (200) feet of the proposed zone change not less than ten (10) days prior to the public hearing before the planning commission. Notification shall be by first class mail to the last known address of such owner as shown on the current real estate tax assessment book, and the cost of this notification shall be taxed to the applicant, unless waived by the city, at the standard postal rate as determined by the United States Postal Service for each written notice. The city planner or his designee shall make written affidavit that the required notifications have been mailed and shall file such affidavit with the papers of the case.
If the hearing is continued, notice shall be re-mailed. Cost of any notice required under this section shall be taxed to the applicant.
At the time an application is filed with the division of planning, a sign shall be posted on the property by the applicant notifying interested persons that a rezoning application has been filed; said sign shall be located within one (1) foot of the right-of-way of a public street or road, upon which said business or proposed use fronts. The sign shall be placed on the property at five hundred (500) foot intervals. The city planner may reduce the required number of signs or approve the relocation of signs in those cases for which the petitioner can present sufficient justification to warrant a deviation, provided the spirit and intent of the notice requirements are observed. Grounds for deviation of the requirements may include such items as a parcel of unusual size or shape, a peculiar location, severe topography, or other extraordinary situation or condition of the property that would make the strict application of these requirements unnecessary or impractical. The justification shall document that a reduction in the number or the relocation of signs would not reduce the effectiveness of the public notice. If the property in question has a five hundred (500) foot or less frontage, one (1) sign shall suffice. Where property does not front on an existing right-of-way, said sign shall be placed within the right-of-way of the nearest street or road. The sign shall read as follows:
NOTICE TO REZONE
Name of Applicant or Owner:
Address of Property:
Proposed Use of Property:
Additional Information: call Planning Division,
Department of Community Development—455-3900
Said sign shall be of wood or metal, at least forty-eight (48) inches by seventy-two (72) inches in size and the lettering thereon shall be black letters on a white background and shall be at least three (3) inches in height. The applicant shall notify the division of planning in writing that the sign has been erected and where located.
The sign shall contain no additional advertisement or words other than that which is specified herein. Said sign shall remain posted until final action has been taken by the city council. After final action has been taken by the city council, or the petition has been withdrawn, the sign shall be removed within ten (10) calendar days by the petitioner at his expense. If any sign remains posted longer than this ten (10) day period the petitioner shall be deemed in violation of this ordinance and subject to the penalties as set forth in Section 35.1-20 of this ordinance.
The petitioner or his representative shall be present at the planning commission meeting at which the proposed zone change is to be considered. The planning commission's recommendations shall be submitted to the city council, which shall, after a public hearing under the regulations of Section 35.1-19 of this ordinance, approve or disapprove the proposed amendment. If, in the judgment of council, consideration should be given to changing a greater or lesser area than that proposed in a petition, council, on its own motion, shall refer to the commission, for report and recommendation, a proposal for changing a greater or lesser area than that contained in the petition. It shall be the duty of the city manager, or any official designated by him, to bring to the attention of council such instances where, in his opinion, a greater or lesser area shall be considered for change than that contained in a specific petition, and the planning commission may also recommend to council that a greater or lesser area be changed, or that the zoning be changed in any other respect differently from what was proposed in the petition.
When the council has rejected a petition to amend, supplement or change these regulations, or the boundaries of any district or classification of any property, it may not be required to consider another petition requesting the same change until at least one (1) year has elapsed, except by the favorable vote of five (5) members of city council. 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 as required by Section 35.1-19.
(c) Procedure for comprehensive plan amendments. A proposal for a comprehensive plan amendment can be initiated only by the city council or the planning commission. Such a comprehensive plan amendment shall be submitted first to the planning commission, which shall, after a public hearing under the regulations of Section 35.1-19 of this ordinance, recommend action to the city council. The city council shall hold a public hearing under Section 35.1-19 before taking final action on such amendment; however, the planning commission and the city council hearings may be held jointly.
(d) Affirmative vote. An affirmative vote of at least a majority of all of the members of the city council shall be required to effectuate such change or amendment as regulated by this chapter.
(e) Time of hearing. An application for a zoning amendment shall be submitted at least thirty (30) days before the date of the hearing in order to be considered at the said hearing. Except as specifically authorized by city council, applications for a zoning amendment will be heard by the city council only once a month at the first meeting of the month. Also, except as specifically authorized by the planning commission or city council, zoning applications will be considered to be incomplete and will not be scheduled to be heard by the planning commission or city council until all necessary variances have been obtained from the board of zoning appeals. (Ord. No. O-78-352, 12-12-78; Ord. No. O-80-007, § 1, 1-8-80; Ord. No. O-84-140, § 1, 6-12-84, eff. 7-1-84; O-95-301, 11-14-95; Ord. No. O-98-124, 6-9-98; Ord. No. O-00-023, 2-8-00; Ord. No. O-02-226, 12-10-02; Ord. No. O-06-150, 11-14-06; Ord. No. O-08-045, 4-8-08)
Last updated date: 4/22/2008 9:36:52 AM