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    Sec. 35.1-19. Public Hearings.


    Sec. 35.1-19. Public hearings.
     
    (a) Where required. A public hearing before the city council, the board of zoning appeals, the historic preservation commission, or the planning commission shall be held as specified in this section before approval of:
     
    (1) A variance;
     
    (2) A conditional use permit;
     
    (3) An amendment to the ordinance, the official zoning map, or the comprehensive plan;
     
    (4) Establishment or amendment of criteria for determination of landmarks, buildings or structures as being architecturally, culturally or historically noteworthy.
     
    Except as specifically authorized by the planning commission or city council, rezoning and conditional use permit petitions will be considered 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.
     
    (b) Notice. Before any hearing required by this ordinance shall be held, a notice of such hearing shall have been published at least once per week for two (2) successive weeks in some newspaper having general circulation in the City of Lynchburg. The term "two (2) successive weeks" as used in this paragraph shall mean that such notice shall be published at least twice in such newspaper with not less than six (6) days elapsing between the first and second publication. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views not less than six (6) nor more than twenty-one (21) days after the second advertisement shall appear in such newspaper. Such notice shall also contain reference to where copies of the proposed plans or amendments may be examined.
     
    If these regulations specify or permit hearing by the historic preservation commission, planning commission or board of zoning appeals and the city council, both hearings may be held concurrently. If such a joint hearing is held, public notice as specified above need be given only by the city council or whichever would be the last body to hear the matter.
     
    (1) Zoning amendment. When a proposed amendment of the zoning ordinances 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, written notice shall be given by the planning commission not less than ten (10) days before the hearing to the owner or owners, their agent or the occupant of each parcel involved and of all property within two hundred (200) feet of the affected property, including such properties which lie in an adjoining county. Notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. Cost of any notice required under this section 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.
     
    Posting of a sign giving notice of intent to rezone will be required. If the hearing is continued, notice shall be remailed. Cost of any notice required under this section shall be taxed to the applicant.
     
    (2) Conditional use permits requiring city council action. The following shall apply for each conditional use permit petition requiring city council action:
     
    a. Sign. At the time a petition is filed with the division of planning, a sign shall be posted on the property by the applicant notifying interested persons that a conditional use permit 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 property 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 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, the sign shall be placed within the right-of-way of the nearest street or road. The sign shall read as follows:
     
     NOTICE
    PETITION FOR A CONDITIONAL USE PERMIT
     
    Name of Applicant or Owner:
    Telephone No:
     
    48"                                  Address of Property:
     
    Present Zoning:
    Proposed Use of Property:
     
    Additional Information: Call Planning Division, Department of
    Community Planning and Development at 455-3900.
     
    72"

     

    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 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.
     
    b. Written notice. A written notice shall be given in addition to the advertising required in paragraph (b) of this section by the planning commission not less than ten (10) days before the hearing to property owners within two hundred (200) feet of the subject property informing them of the public hearing and the purpose of the request. Such notice shall be by first class mail to the last known address of such owner as shown on the current real estate tax assessment books. Cost of any notice required under this section 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 remailed. Cost of any notice required under this section shall be taxed to the applicant.
     
    c. Presence required. The petitioner or his representative shall be present at both the planning commission and the city council meetings at which the conditional use permit petition is to be considered.
     
    (3) Conditional use permits and variances requiring action by the board of zoning appeals. The following shall apply for each conditional use permit petition or variance petition requiring board of zoning appeals action:
     
    a. Sign. At the time a petition for a conditional use permit requiring board of zoning appeal action or a variance is filed with the neighborhood services division, but not less than twenty-one (21) days prior to the scheduled meeting of the board of zoning appeals, a sign shall be posted on the property by the applicant notifying interested persons that a conditional use permit or variance 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 property or proposed use fronts. The sign shall be placed on the property at five hundred (500) foot intervals, or at the discretion of the zoning administrator. If the property 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, the sign shall be placed within the right-of-way of the nearest street or road. A sign shall not be required for variances for one and two-family dwellings. The sign shall read as follows:
     
    NOTICE
     
    PETITION TO THE BOARD OF ZONING
    APPEALS FOR A CONDITIONAL USE PERMIT OR VARIANCE
     
    Name of Applicant or Owner:
    Telephone No:
    Address of Property:
     
    48"                                       Present Zoning:
     
    Proposed Use of Property:
     
    Additional Information: Call Neighborhood Services Division,
    Department of Community Planning and Development at 455-3900.
     
    72"

     

    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 provide the neighborhood services division two (2) photographs of the sign(s) as located on the subject property. To assure proper notice has been provided, the required photographs must be submitted not less than twenty-one (21) days prior to the scheduled meeting of the board of zoning appeals.
     
    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 board of zoning appeals, or the petition has been withdrawn, at which time 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.
     
    b. Written notice. A written notice shall be given, in addition to the advertising required in paragraph (b) of this section, by the board of zoning appeals not less than ten (10) days before the hearing to property owners within two hundred (200) feet of the subject property informing them of the public hearing and the purpose of the request for a conditional use permit. If a conditional use permit and a variance are on the same petition, the notification process shall be the same as that listed for a conditional use permit. Such notice shall be by first class mail to the last known address of such owner or agent as shown on the current real estate tax assessment books. The cost of any notice required under this section 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 board of zoning appeals or its 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 remailed at the expense of the applicant.
     
    c. Presence required. The petitioner or his representative shall be present at the board of zoning appeals meeting at which the conditional use permit is to be considered.
     
    (4) Variances. The following shall apply for each variance petition requiring board of zoning appeals action:
     
    a. Written notice. A written notice shall be given, in addition to the advertising required in paragraph (b) of this section, by the board of zoning appeals not less than ten (10) days before the hearing to property owners who are adjacent to the subject property for a variance request informing them of the public hearing and the purpose of the request. If a conditional use permit and a variance are on the same petition, the notification process shall be the same as that listed for a conditional use permit. Such notice shall be by first class mail to the last known address of such owner or agent as shown on the current real estate tax assessment books. The cost of any notice required under this section 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 board of zoning appeals or its 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 remailed at the expense of the applicant.
     
    b. Presence required. The petitioner or his representative shall be present at the board of zoning appeals meeting at which the variance is to be considered.
     
    (c) Rules of procedure in hearings. Any person affected by the proposed action which is the subject of the hearing may make a statement concerning it. The city council, the board of zoning appeals, the historic preservation commission and the planning commission shall make other rules as they deem appropriate for the conduct of public hearings. Such rules may cover such subjects as rules of order, time limits on statements, previous notice of intention to speak and other matters.
     
    (d) Records. A record shall be kept of all public hearings required by this section. (Ord. No. O-82-079, § 1, 5-11-82; Ord. No. O-88-009, § 1, 1-12-88; Ord. No. O-93-122, 5-11-93; Ord. No. O-00-023, 2-8-00; Ord. No. O-00-125, 6-13-00; Ord. No. O-02-226, 12-10-02)
     
    Last updated date: 10/23/2006 4:15:21 PM