The City Manager or the Manager's designee shall be responsible for appointing the City Planner, Zoning Administrator, City Engineer and Transportation Engineer.

The City Planner shall be appointed by the City Manager or the Manager's designee and shall, serving as the agent of the Zoning Administrator, have responsibility for managing the Site Plan approval process, granting of exceptions related to site plan approvals, and coordinating activities of the Technical Review Committee. The City Planner also shall serve as the secretary to the Historic Preservation Commission and the Planning Commission.

The Zoning Administrator shall be appointed by the City Manager or the Manager's designee and shall have all of the responsibilities, duties and powers set forth in Title 15.2, Article 22, Article 7, and in particular, Section 15.2-2286 of the Code of Virginia, and any successors or amendments thereto, except where otherwise designated to another person or committee by this Zoning Ordinance. The City shall also employ such zoning officials as may be necessary to assist the Zoning Administrator in the administration and enforcement of the Zoning Ordinance. The Zoning Administrator also serves as the secretary to the Board of Zoning Appeals.

The City Engineer and Transportation Engineer shall be appointed by the City Manager or the Manager's designee and shall, serving as the agent of the Zoning Administrator, have the responsibility for reviewing all plans related to sanitary or solid waste facilities; waiving undergrounding requirements for on-site utilities; reviewing sidewalk designs and alignments; reviewing and modifying driveway and intersections designs; and approving alternative parking surface materials and any other responsibilities set forth in this Zoning Ordinance.

The Technical Review Committee members shall be appointed by the City Manager and shall have responsibility for reviewing and making recommendations on concept plans and final site plans, plans for floodplain development, minor exceptions and temporary use permits.

The City Council shall be the approval body for amendments to the Comprehensive Plan text or maps, amendments to the Zoning Ordinance text and the Official Zoning Map, approval of conditional rezonings and related proffers, approval of conditional use permits and other responsibilities assigned by this Zoning Ordinance.

(a)

Composition. The City Planning Commission shall be composed of seven members.

(b)

Appointment. The members of the City Planning Commission shall be appointed by the City Council. In December of each year, the Council shall appoint three or two members, as the case may be, to the City Planning Commission for terms beginning the succeeding January, to take the place of those whose terms expire. All members appointed to the Commission shall serve from the January first succeeding their appointment for a term of three years, or until their successors are duly appointed and qualified.

(c)

Secretary. The City Planner shall serve as the Planning Commission's secretary. The secretary shall keep such records and perform such duties as may be assigned him by the Commission.

(d)

Duties and Powers. In addition to the powers granted under Title 15.2 of the Code of Virginia, the Planning Commission shall advise with the various department heads of the City as to the location of projected thoroughfares, streets and avenues, parks, and public playgrounds, their enlargement, widening, etc.; review the capital improvements program; make suggestions as to the location and character of public buildings and public improvements generally; work and advise with any expert who may be employed by the City dealing with such questions; recommend to Council their approval or disapproval of plans for subdivisions; recommend the opening and closing of streets, the widening of the same and the establishment of setback building lines; make plans looking to the future development of the city, both within and without the present corporate limits; and generally act in an advisory capacity to the Board of Zoning Appeals and the City Council with reference to plans for the development of the City.

The Board of Zoning Appeals is established pursuant to section 15.2-2308 of the Code of Virginia.

(a)

Organization.

1.

The Board of Zoning Appeals shall consist of five residents of the City of Lynchburg, appointed by the circuit court of the City of Lynchburg. Their terms of office shall be five years, with the term of one member expiring in each year. The secretary of the Board shall notify the court at least 30 days in advance of the expiration of any term of office and shall also notify the court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the City except that one may be a member of the Planning Commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

2.

The Board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of all members of the Board. The Board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the City of Lynchburg, Virginia, and general laws of the Commonwealth for the conduct of its affairs. The Board shall keep a full public record of its proceedings and shall submit a report of its activities to the City Council at least once each year.

3.

The Zoning Administrator shall serve as the secretary to the Board.

(b)

Powers and Duties.

1.

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard by the Board except in accordance with section 35.2-12.

2.

To authorize upon appeal or original application in specific cases a variance as defined in Article XI of this ordinance, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in Article XI and the criteria established in section 35.2-12.

3.

To hear and decide applications for appeals to the Zoning Administrator's interpretation of the Official Zoning Map where there is an uncertainty as to the location of a zoning district boundary. After notice to the owners of the property affected by any such question, and after public hearings with notice, the Board may interpret the Official Zoning Map in such a way as to carry out the intent and purpose of the ordinance for the particular section or district in question as specified in Section 35.2-12. The Board shall not have the power, however, to rezone property or to substantially change the locations of district boundaries as established by ordinance.

4.

No provisions of this section shall be construed as granting the Board the power to rezone property or grant a conditional use permit.

(c)

Rules, Hearings, Records and Minutes. The Board shall adopt from time to time such rules and regulations as it may deem necessary to interpret and carry into effect the provisions of this ordinance. Meetings shall be held at the call of the Chair and at such other times as the board may determine. Such Chair or, in the Chair's absence, the Vice Chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. A copy of the minutes of each meeting shall be sent to the secretary of the planning commission. The presence of three members shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to affect any variation in this ordinance.

There is hereby created and established a Historic Preservation Commission pursuant to section 15.2-2306 of the Code of Virginia, hereinafter referred to as the HPC, formerly known as the board of historic and architectural review, which shall consist of seven members.

(a)

Role. The role of the HPC is to administer the City's historic districts ordinance and to provide professional assistance and guidance to property owners in achieving appropriate alterations to their historic properties.

(b)

Composition. The members of the HPC shall be appointed by City Council and shall be residents of the City of Lynchburg. At least one member of the HPC shall be an architect or an architectural historian and at least one member shall be an owner and a resident of property in a historic district that is defined as a neighborhood but excludes single-structure districts. Not more than one person shall be appointed who is principally engaged in the buying and selling of, or investment in, real estate. All members shall have a demonstrated interest, competence and knowledge in historic preservation. At least two members shall have professional training in or equivalent experience in any of the following disciplines: architecture, history, architectural history, archaeology or planning as provided in the Professional Standards Qualifications used by the National Park Service and published in the Code of Federal Regulations, 36 CFR Part 61.

(c)

Terms of Office. All appointments shall be made for a term of three years until they are reappointed or their successors are appointed. No member shall serve for more than three consecutive terms.

(d)

Organization; officers; meetings.

1.

The HPC shall elect a chair and a vice-chair. The department of community development shall designate an administrative liaison to act as the secretary to the HPC.

2.

A permanent record shall be kept of the resolutions, transactions, and determinations of the HPC. This record shall be kept and maintained in the department of community development.

3.

The HPC is authorized to adopt rules of procedure for its meetings and the administration of the historic districts ordinance.

Fees shall be adopted by resolution of the City Council from time to time.

(a)

The Zoning Administrator shall have the responsibility for enforcing the provisions of this Zoning Ordinance. The Zoning Administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.

(b)

Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notified in writing of violations of the provisions of this Zoning Ordinance. The Administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Administrator may establish a reasonable time period for the correction of the violation; however, in no case shall such time period exceed 90 days from the date of written notification.

(c)

Every written notice of violation or written order of the Administrator shall include a statement informing the recipient that he or she has a right to appeal the notice of zoning violation or written order within 30 days in accordance with this Section, and that the decision shall be final and unappealable if not appealed within 30 days. The 30 day appeal period begins when the first notice of violation is provided under subsection (b) above. The notice of violation or written order shall also include the amount of the appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal.

(d)

An appeal from the Administrator's written notice of violation or written order shall be in writing and shall state the grounds thereof.

(e)

An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrator certifies to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and notice to the Administrator and for good cause shown.

(Ord. No. O-17-013, § 1, 2-14-17)

(a)

The owner or general agent of the building or premises where a violation of any provisions of this Zoning Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00.

(b)

If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the Zoning Ordinance, within a time period established by the court. Failure to remove or abate a Zoning Ordinance within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000.00, and any such failure during any succeeding 30-day period shall constitute a separate misdemeanor offense for each 30-day period punishable by a fine of not more than $1,000.00.

(c)

However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $2,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $2,500.00. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

The Zoning Administrator is authorized to bring legal action, including injunction, abatement, or other appropriate action or proceeding. This remedy is in addition to, and not in lieu of, any other remedy available to the Administrator.

Any owner or general agent of the building or premises where a violation of any provisions of this Zoning Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be punishable by a civil penalty.

(a)

Any violation of the following provisions of the Zoning Ordinance shall be subject to a civil penalty of $200.00 for the first violation, a civil penalty of $350.00 for the second violation and a civil penalty of $500.00 for each additional violation thereafter arising from the same set of operative facts:

1.

Occupancy of a dwelling unit or lot.

2.

Any erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use without approvals required in Article II of this Zoning Ordinance

3.

Any violation of a proffer, or a planned development application plan, conditional use permit, variance, site plan, certificate of zoning compliance, or any condition related thereto.

4.

Any violation of Article VI, which regulates site development.

5.

Each use of a lot, including the use of any structure thereon, not authorized either as a matter of right or by conditional use permit by the zoning regulations applicable to the district in which the lot is located.

(b)

Designation of a particular violation of this Zoning Ordinance shall be in lieu of criminal sanctions, except when such violation results in injury to any person or persons.

(c)

Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten-day period, and the total civil penalties from a series of such violations arising from the same set of operative facts shall not exceed $5,000.00.

(d)

The Zoning Administrator may issue a civil summons for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offence charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

(e)

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

(f)

No provision herein shall be construed to allow the imposition of civil penalties for activities related to land development or for violation of any provision of this Zoning Ordinance relating to the posting of signs on public property or public rights-of-way.

(g)

No civil penalty shall accrue or be assessed during the pendency of the applicable appeal period.

(a)

In case any building or structure is erected, constructed, altered, repaired or converted or any building, structure or land is used in violation of this ordinance, the proper authorities of the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair or conversion, or restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

(b)

When a Building Permit has been issued and the construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the Zoning Ordinance, by suit filed within 15 days after the start of construction by a person who had no actual notice of the permit, the court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the Board of Zoning Appeals.

(a)

As provided by Section 15.2-2286(15) of the Code of Virginia and for the purpose of enforcing the provisions of this chapter in instances directly related to:

1.

Non-permitted uses; or

2.

Any violation of the occupancy limits in a residential dwelling unit.

(b)

The Zoning Administrator, or his duly authorized agent, shall have the authority to apply for the issuance of inspection warrants by a court of competent jurisdiction, as provided by Virginia Code § 15.2-2286(A)(15) of the Code of Virginia for the purpose of enforcing the provisions of this Ordinance in instances directly relating to:

1.

The time and location of the court where such testimony will be presented and

2.

That the owner and tenant may appear and testify before that court or, in lieu of that appearance, offer a written statement to that court setting forth any reasons for the court not granting the requested inspection warrant.

(c)

If such sworn testimony, together with the testimony or written statement(s) provided by the owner and/or tenant, establishes probable cause that a Zoning Ordinance violation has occurred, the court shall grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling during a specified period of time during daylight business hours and for the purpose of determining whether violations of the Zoning Ordinance exist.

(d)

If such inspection warrant is issued, the zoning administrator or his agent shall make a reasonable effort to notify the owner or tenant of the premises that an inspection will be conducted. That notice must include the date and time period of the inspection. The notices required herein shall include but are not necessarily limited to (i) mailing that notice to the last known postal address of the owner(s) and (ii) posting it at the front door of the premises no less than five business days prior to the court hearing and five business days before the day of the inspection, as the case may be. The zoning administrator or his agent shall make any and all other reasonable efforts to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.

(e)

It shall be a violation of the Zoning Ordinance for any owner, managing agent, tenant, occupant or other person, to deny the zoning administrator, or his duly authorized agent, access to any dwelling after the zoning administrator, or his duly authorized agent have obtained an inspections warrant from a court of competent jurisdiction and the foregoing notice requirements have been satisfied.