Sec. 35.1-42.8. Other regulations applicable to planned unit developments.
(a) [Chances after initial construction and occupancy.] For the purposes of regulating, developing, and using property after initial construction and occupancy, any changes including setbacks and use shall be processed as a conditional use permit pursuant to the following procedures:
(1) Application for a conditional use permit for a change in the existing Planned Unit Development shall be completed and submitted to the Planning Division.
(2) The City Planner shall review the materials submitted and notify the applicant when the application is complete. Upon determination that the application is complete, the City Planner shall set a date for a public hearing by the Planning Commission for the purpose of considering a conditional use permit for a change in an existing Planned Unit Development in accordance with the procedures established for amendments to the Zoning Ordinance and the Official Zoning Map in Section 35.1-17B. including the sections on a sign and notice to the surrounding property owners.
(3) The Planning Commission shall consider the application and shall render either a favorable decision with modifications or an unfavorable decision. The Planning Commission shall clearly state the reasons for its decision.
It shall be noted, however, that properties lying in Planned Unit Developments are unique and shall be so considered by the Planning Commission when evaluating these requests; and maintenance of the intent and the function of the Planned Unit Development shall be of primary importance.
(1) Appeals to the Planning Commission. An appeal may be taken to the Planning Commission by the property owner, developer, or representatives affected by any decision of the City Planner and/or Technical Review Committee during the preliminary and final site plan approval process. Such appeal shall be taken within twenty (20) calendar days after a decision of the City Planner and/or Technical Review Committee by filing a notice of appeal specifying the grounds therefor with the Secretary of the Planning Commission. The City Planner shall forthwith transmit to the Planning Commission all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from.
The City Planner shall schedule a public hearing at the next regularly scheduled Planning Commission meeting on the application of appeal, give public notice thereof, as well as due notice to the parties in interest. The Planning Commission shall make a decision on the application for appeal within thirty (30) days of the hearing.
In exercising its powers, the Planning Commission may reverse or affirm, wholly or partly, or may modify a requirement, decision or determination appealed from. The concurring vote of four (4) members shall be necessary to reverse any decision of the City Planner and/or Technical Review Committee pertaining to the approval of the preliminary and/or final site plans in favor of the applicant. The Planning Commission shall keep minutes of its proceedings which shall be filed in the Office of the Planning Division, and the minutes shall be of public record.
(2) Appeals from Actions of the Planning Commission. Any person or persons jointly or individually aggrieved by a decision of the Planning Commission pertaining to a Planned Unit Development or any officer or department of the City of Lynchburg may present to City Council a petition specifying the grounds on which aggrieved within fifteen (15) calendar days after the filing of the decision in the Office of the Planning Division.
In exercising its powers, City Council may reverse or affirm, wholly or partly, or may modify a requirement, decision, or determination of the Planning Commission. The concurring vote of four (4) members shall be necessary to reverse any decision of the Planning Commission pertaining to a Planned Unit Development.
(3) Fees. In order to cover costs incurred by the City of Lynchburg incidental to reviewing, publishing and reporting facts concerning appeals on Planned Unit Developments, a fee of one hundred dollars ($100.00) shall be paid to the City Collector for each appeal made.
(c) Lapse of Conditional Use Permit for Planned Unit Developments. If a building permit for construction of a Planned Unit Development authorized by a conditional use permit granted under these regulations has not been applied for and so granted within thirty-six (36) months of the granting of such conditional use permit, the conditional use permit shall become void unless the following appeal procedures are followed and approval obtained. Prior to the aforestated thirty-six month expiration, a six month extension may be applied for through the Lynchburg Planning Commission. A second and final twelve-month extension may be requested from City Council prior to the expiration of the six-month Planning Commission extension. After the initial building permit has been issued for construction and construction has commenced, the conditional use permit in connection with the stages (phases) of the Planned Unit Development as shown on the approved site plan shall not lapse or expire even though construction may not have commenced within the specified time period for the later stages (phases) of the development.
(d) Subdivision Review and Approval. The developer shall plat the entire development as a subdivision pursuant Appendix B, Subdivision Ordinance of the Code of Ordinances, City of Lynchburg, 1981; however, Planned Unit Developments being developed in stages may be platted in the same stages.
(e) Financial Responsibility. No building permits shall be issued for construction within a Planned Unit Development until public improvements are installed or performance bond posted in accordance with the Subdivision Ordinance. (Ord. No. O-83-154, § 1, 7-12-83)
Last updated date: 10/23/2006 4:15:21 PM