It is the purpose of this article to establish and adopt zoning districts and an official Zoning Map to govern the use of land and water in the City in accordance with the Comprehensive Plan, other adopted plans and the provisions of this Zoning Ordinance.

This article establishes base and overlay zoning districts; the Official Zoning Map, as well as the rules for its maintenance, amendment, interpretation and replacement; the use matrix, which identifies the land uses and the types of approvals required for each authorized land use; and the rules for interpretation of the use matrix.

The City of Lynchburg is hereby divided into zones, or districts, as provided herein and as shown on the "Official Zoning Map of Lynchburg, Virginia," which, together with all explanatory matter thereon, is hereby declared to be a part of this ordinance, bearing the effective date of this ordinance and any map amendment thereto, and certified by the Clerk of City Council. The Official Zoning Map shall be maintained on the City's geographic information system (GIS) under the guidance of the City Planner. Exhibit III-1 lists the base and special districts established for the City of Lynchburg and provides links to the sections of this ordinance that establish the regulations applicable within each zoning district. Article IV establishes the base zoning districts. Article V establishes the special zoning districts that include regulations that overlay and modify the regulations applicable in the base zoning districts.

Exhibit III-1: Zoning Districts Established

Unless zoning district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to any zoning district boundary as shown on the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as approximately following platted lot lines, section lines or tract lines shall be construed to follow such lines.

(b)

Boundaries indicated as approximately following the centerlines of streets, alleys or other public rights-of-way shall be construed to follow such centerlines. Where the street, alley or right-of-way has been vacated through official action of the governing body, the adjacent zoning district boundary shall be reconfigured to follow the centerline of the vacated right-of-way.

(c)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(d)

Boundaries indicated as approximately following City limit lines shall be construed to follow such City limit lines.

(e)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

(f)

Boundaries indicated as approximately following the centerlines of canals, streams or other bodies of water shall be construed to follow such centerlines.

(g)

Boundaries indicated as parallel to features described in paragraphs (a) through (f) above shall be construed as parallel to such features at the distance from the feature indicated on the zoning map. If a distance is not indicated on the zoning map, the distance shall be determined by the scale of the map.

(h)

If no distance, angle, curvature, description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the Zoning Administrator by the use of the scale shown on said zoning map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals, which shall determine the boundary.

(Ord. No. O-17-013, § 1, 2-14-17)

Whenever a single parcel of is located within two or more different zoning districts, the applicable zoning district regulations shall apply to each portion of the lot.

Land uses within this Zoning Ordinance are arranged in accordance with the Land Based Classification Standards (LBCS) developed under the leadership of the American Planning Association (see https://www.planning.org/lbcs/background/ for detailed documentation of this classification system). LBCS was developed to replace a variety of other coding system by focusing on structure type, function, activity, site or ownership. This Zoning Ordinance uses structure codes for certain residential uses (indicated with "S" next to code number) and function codes for other uses.

Exhibits in the regulations for each district list the principal uses authorized within each zoning district established in section 35.2-32. Appendix A includes the entire matrix for all zoning districts. Uses are arranged in accordance with the LBCS, which shall be used to define land uses unless otherwise defined in Article XI of this Zoning Ordinance. All uses are subject to the procedures and standards of this Zoning Ordinance and other applicable rules and regulations.

(a)

LBCS Hierarchy. The LBCS function codes establish a four-digit hierarchy of uses with digits to the right expressing greater specificity. Where no entry appears in the zoning district columns (for example 1000, 1100 and 1110), the uses described more specifically in the rows below (1111 and 1112 in the above example) indicate whether or not a specific use is authorized. Where an entry appears in the zoning district columns for a general use (for example 2520) and also for a more specific use (for example 2521) within the same classification, the more specific code and its entry shall govern.

(b)

Permitted Uses. A "P" indicates the listed use is allowed by right within the respective zoning district subject to issuance of a permit in accordance with established procedures. Some permitted uses are subject to specific conditions established in the Zoning District Use Standards in Articles IV and V or other Specific Land Use Standards in Article VII, or elsewhere in this Zoning Ordinance.

(c)

Conditional Uses. A "C" indicates the listed use is allowed within the respective zoning district only after approval of a Conditional Use Permit.

(d)

Prohibited Uses. Unlisted uses are prohibited within the respective zoning district unless specifically authorized through approval of a planned unit development, cluster commercial development, traditional neighborhood development or corporate campus.

(e)

Accessory Uses. Uses that are secondary and customarily accessory to the principal uses are addressed in section 35.2-71 (Accessory Structures and Uses) and zoning district use regulations.

(Ord. No. O-17-013, § 1, 2-14-17)

(a)

Uses Not Specifically Listed. In the case where a use is not listed in the district use matrix in Appendix A, either as a specific LBCS classification or as an example, and such use is not otherwise prohibited by law, the Zoning Administrator shall determine, as set forth below, whether a substantially similar use exists in the use matrix. If the Zoning Administrator determines that a substantially similar use exists, then the regulations governing that use shall apply to the particular use not listed. In making the determination, the Zoning Administrator shall consider the national standards underlying the LBCS while also considering the City's particular needs for zoning and land use classification, and shall apply to the following rules of construction:

1.

If a use is listed as a general classification in the use matrix (Appendix A: Table of Authorized Land Uses) while a more specific classification within the same industry classification is also listed, the specific classification shall govern.

2.

Because the list of permissible uses set forth in the use matrix cannot be all-inclusive; those uses that are listed shall be interpreted by the Zoning Administrator to include other uses that have similar impacts to the uses listed in the Table of Authorized Land Uses.

3.

If the Zoning Administrator cannot interpret a use as substantially the same as a use listed in the Table of Authorized Land Uses, that use shall be prohibited. The Zoning Administrator shall not interpret the Table of Authorized Land Uses to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

4.

The Zoning Administrator may determine whether the use is substantially the same as a use listed in the Table of Authorized Land Uses by analyzing the North American Industry Classification System (NAICS), United States, 2007 or latest edition for guidance.

5.

In analyzing the NAICS, the Zoning Administrator may determine that the use is substantially the same as a use listed in the Table of Authorized Land Uses by considering the industry description and illustrative examples of the most specific NAICS classification that may apply to the use, and the Zoning Administrator may compare uses across similar levels of specificity within the same NAICS classification and between NAICS and LBCS classifications.

(b)

City Uses. Use of land or facilities owned or leased by, or subject to easements granted to the City of Lynchburg shall not be subject to the use limitations established in this Zoning Ordinance. As a matter of policy, the City will endeavor to comply with standards applicable to similar uses.