This ordinance shall be known as the "Zoning Ordinance of Lynchburg, Virginia" (Zoning Ordinance) and may be so cited.

(a)

Authority and Purposes. The provisions of this Zoning Ordinance are adopted pursuant to the authority set forth in the Code of Virginia, § 15.2-2200, et seq., as amended, which also establishes the purposes and focus of this ordinance. The administration of this ordinance shall be consistent with requirements of the Code of Virginia and, when Code, as it may be amended from time to time, creates a conflict with the provisions of this Zoning Ordinance, the provisions of the Code of Virginia shall prevail.

(b)

Coordination with the Code of Virginia. In the event that any provision of this Zoning Ordinance is inconsistent with any mandatory provision of the Code of Virginia, as enacted or as amended in the future, the provision of the Code of Virginia shall prevail.

(c)

Jurisdiction. The provisions of this ordinance shall apply to all property within the corporate limits of the City of Lynchburg and to new territory that comes within the City limits by annexation, boundary adjustment or otherwise. The new territory shall be classified in the zoning district most like its previous zoning in terms of permitted uses and intensity until a study can be done to determine if a different zoning classification is more appropriate. The Council shall undertake the amendment of the Comprehensive Plan and The Zoning Map as necessary whenever new territory comes within the City limits.

(a)

These regulations are intended to implement the goals and policies of the City of Lynchburg Comprehensive Plan (Comprehensive Plan), as amended, and are hereby deemed to be consistent with the Comprehensive Plan.

(b)

Any amendments or changes to these regulations shall be substantially consistent with the Comprehensive Plan as it may be amended from time to time. An amendment to the text of these regulations is consistent with the Comprehensive Plan if it substantially complies with some or all of the provisions relating to the vision, goals and policies established in the Comprehensive Plan. An amendment to the Zoning Map is consistent with the Comprehensive Plan if it is substantially consistent with some or all of the provisions relating to the Planning Framework and Future Land Use Maps of the Comprehensive Plan and with some or all of the text and policies of the Comprehensive Plan explaining and implementing these maps.

(c)

The Zoning Ordinance and all development approvals and permits issued pursuant to the Zoning Ordinance are intended to implement and be substantially consistent with the goals and policies of the Comprehensive Plan.

The Zoning Ordinance is organized in 11 articles as follows:

(a)

Article I establishes the title, authority and purpose of the Zoning Ordinance, as well as describing its applicability, organization and relationship to other ordinances and plans.

(b)

Article II establishes the procedures for approval of development approvals and building permits, including generally applicable provisions for notice, hearing and approval, as well as requirements (e.g., purpose, applicability, procedures, review criteria and effect of approval) that are specific to each type of approval.

(c)

Article III establishes the zoning districts, zoning map and the table of authorized uses for each zoning district.

(d)

Article IV establishes the purpose of each base zoning district, as well as conditions applicable for site development and establishment of specified uses.

(e)

Article V establishes the purpose and conditions applicable to each of the City's special districts, which are districts that modify the conditions applicable with the underlying or base zoning districts described in Article IV.

(f)

Article VI establishes site development standards, which address building setbacks, structure heights, parking, landscaping, signs, lighting, transportation improvements and utilities.

(g)

Article VII establishes standards that are applicable to specific uses that may be allowed by right or by conditional use permit in certain zoning districts.

(h)

Article VIII provides guidance for the establishment of different development patterns, including: residential cluster, traditional neighborhood development, planned unit development, cluster commercial development, flexible space development, large-scale retail and corporate campus development.

(i)

Article IX establishes the standards for the continuation, modification and termination of uses, sites and structures that do not conform to Zoning Ordinance requirements.

(j)

Article X describes the responsibilities for administration of this Zoning Ordinance.

(k)

Article XI defines specific terms and abbreviations used in this ordinance and the rules for interpreting the ordinance's language.

In the interpretation and application, the provisions of this ordinance shall be held to the minimum requirements adopted for the promotion of health, safety or the general welfare of the community.

The meaning of any and all words, terms, or phrases in the Zoning Ordinance shall be construed in accordance with Article XI of this ordinance.

The Zoning Ordinance contains numerous graphics, pictures, illustrations, and drawings in order to assist the reader in understanding and applying the Zoning Ordinance. However, to the extent that there is any inconsistency between the text of the Zoning Ordinance and any such graphic, picture, illustration, or drawing, the text controls unless otherwise provided in the specific section.

The rules for interpreting zoning district boundaries are established in section 35.2-33 (Interpretation of Zoning District Boundaries) of this ordinance.

Cross-references are provided for the convenience of the user of this code. Whenever the Zoning Ordinance references a section in the Code of Virginia and such section number is changed by amendment to or recodification of the Code of Virginia, the reference in the Zoning Ordinance shall automatically incorporate and refer to the new section number in the Code of Virginia, and any future amendments to the sections of the Code of Virginia are incorporated in this Zoning Ordinance are also incorporated by reference herein. Whenever a section of this Zoning Ordinance is referenced, the reference includes all subsections contained within the referenced section (e.g., section 35.2-63 includes all the provisions of sections 35.2-63.1 through 35.2-63.14). References to LBCS Codes are provided to identify the categories in which a use may be included; when a more specific use is listed with a LBCS category code that that includes other uses the intent of the text is to include only the specific use listed in the specific provision and not all uses allowed under that category code.

All uses and development of lots, buildings or structures shall comply with this ordinance. Nothing in this ordinance shall prevent the strengthening or restoration to a safe or lawful condition of any part of any building or structure declared unsafe or unlawful by an authorized City official.

(a)

Development Approvals. Except as otherwise required by this section, no development shall occur and no use shall be established or changed unless a valid development approval or building permit has been issued by the City of Lynchburg.

(b)

Building Permits. No building or structure or part thereof shall be erected, enlarged or altered by any person or organization until such person or organization has met all site plan requirements and has obtained from the City a building permit specifying the use and method of construction of such building, structure or alteration, including such information as is determined by the City Council to be necessary to the effective operation of these regulations.

(c)

Certificate of Occupancy. No lot, building or structure shall hereafter be used by any person or organization until such person or organization has obtained from the City of Lynchburg a certificate of occupancy specifying the proposed use, the extent of the property and such other information as shall be determined by the City Council to be necessary to the effective operation of these and other duly enacted City regulations.

(a)

Development Approval. The development use of any site shall conform to the terms of the applicable development approval or building permit.

(b)

Building Permit. The construction, design and use of every building, structure or alteration shall conform to the terms of the building permit duly issued for that building, structure or alteration.

(c)

Certificate of Occupancy. The use of any lot, building or structure shall hereafter conform to the terms of the certificate of occupancy duly issued for that lot, building or structure and to the regulations of this ordinance.

The City Council shall have the authority to waive standards within this Zoning Ordinance during local emergencies declared by federal, state or local officials.

No development approval, building permit or certificate of occupancy shall be issued unless it complies with this ordinance and other pertinent regulations of the City of Lynchburg.

(a)

Where a regulation contained within this Zoning Ordinance imposes higher standards than those required under another ordinance, rule or regulation, the regulation adopted under this ordinance controls.

(b)

If the other ordinance, rule or regulation imposes higher standards, that ordinance, rule or regulation controls so long as it is consistent with this ordinance and the Comprehensive Plan.

(c)

All development pursuant to this ordinance shall be subject to compliance with adopted building, fire and safety codes.

This Zoning Ordinance is not intended to affect any easement, covenant or other private agreement or legal relationship; except that where this ordinance is more restrictive or imposes higher standards, this ordinance shall govern.

Prior development approvals shall remain in effect in accordance with the provisions of this section.

(a)

Concept plan approvals granted under the prior zoning ordinance shall remain valid under the terms of the prior ordinance as long as a final site plan has been approved, or a building permit or certificate of occupancy has been issued, or the use has been legally established within 36 months of the adoption of this zoning ordinance. Failure to secure final approval within 36 months of adoption of this zoning ordinance shall result in expiration of the prior approval and the applicant shall be required to comply with the provisions of this zoning ordinance.

(b)

Final site plan approvals granted under the prior zoning ordinance shall remain valid under the terms of the prior ordinance as long as a building permit or certificate of occupancy has been issued or the use has been legally established within five years of the adoption of this zoning ordinance. Failure to secure and maintain a valid building permit, secure a certificate of occupancy or establish the use within five years of adoption of this ordinance shall result in expiration of the prior approval and the applicant shall be required to comply with the provisions of this zoning ordinance.

(c)

Conditional use permits approved by the City Council and special exceptions granted by the Board of Zoning Appeals shall remain in effect subject to the terms of approval. Failure to comply with the provisions of approval as evidenced by a revocation of the approval shall require the owner or operator of the use to apply for approval under the terms of this zoning ordinance.

(d)

Proffers and conditions that were offered, accepted and imposed under prior regulations as part of a conditional rezoning or the granting of a conditional use permit shall remain in full force and effect, until subsequent amendment to the Zoning Ordinance changes the zoning on the property covered by the conditions.

(e)

Any use legally established under prior zoning ordinance shall be allowed to continue. If the use is not authorized by this zoning ordinance, the use shall be considered a non-conforming use unless otherwise provided by this ordinance.

Articles II and X describe the process for administration of this ordinance in detail. Unless otherwise stated, the Zoning Administrator or City Planner shall be responsible for all administrative responsibilities assigned by this ordinance. The Planning Commission shall advise the City Council, which shall be the final decision maker on amendments to the text of this ordinance, changes to the Official Zoning Map, Comprehensive Plan amendments, conditional use permits and other development approvals. The Board of Zoning Appeals shall make decisions on variances authorized by this ordinance and shall decide appeals to decisions made relating to interpretation of the text and maps of this ordinance. The Technical Review Committee (TRC) shall be responsible for advising the approval bodies.

Should any section, subsection, sentence, paragraph, clause or phrase of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance in its entirety or of any part thereof other than that so declared to be invalid.