The development of land subject to flooding and the encroachment upon natural waterways and major drainage channels shall be regulated by special controls set forth in this article. These regulations are established to protect lives and property of persons living near floodprone areas and to preserve our natural drainageways for the benefit of all citizens of the Town.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

All activities regulated by this Ordinance must comply with the provisions of the Code of Ordinances concerning sediment and erosion control, flood damage prevention, and storm drainage. The flood maps of that ordinance are attached to and made a part of this Ordinance as though contained herein.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The regulations associated with the Drainage and Floodplain Special Overlay District shall be in addition to the other provisions of this Ordinance. Where these district controls conflict with the provisions of the base zone district, the more restrictive shall apply.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Alterations to the boundaries of the Drainage and Floodplain Special Overlay District shall only be requested and permitted in accordance with the procedures for same as outlined in the Sediment Control and Storm Drainage Ordinance for the Town.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A request for variance to the provisions of this article shall only be submitted and considered in accordance with the procedures for same outlined in the Sediment Control and Storm Drainage Ordinance for the Town. The Board of Zoning Appeals created in Article VI, Division 2 of this Ordinance shall not have authority to modify or vary any of the provisions of this article.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

For the purpose of the ordinances of the Town of Lexington, historic sites and structures include those that have a Historic Special Overlay District. Properties that have a Historic Special Overlay District designation shall be governed by the Town of Lexington's Historic Preservation Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The Lexington downtown area is special and shall be protected. The majority of downtown buildings along Main Street are constructed in masonry, are attached and front on the street with no front yards. This development pattern should be allowed to continue along Main Street and down side streets for up to one block. The open space per business is normally too limited to allow for parking, setbacks, and landscaping. Buildings must be allowed to be occupied, even if they are nonconforming. The zoning and landscape ordinances, including nonconformity regulation, may be waived to the extent necessary to accomplish the purpose of this section, for existing and new activities that cannot comply in order to help ensure continued occupancy. For all other standards within the zoning and landscape ordinances, the standards are superseded by those within this section.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The Downtown Special Overlay District will be shown on the zoning map as such.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

(A)

Parking.

(1)

Where space allows, parking requirements will be enforced. Also see § 155.03.08.

(2)

Directly adjacent, formalized, on-street parking that occurs fully within the extended side lot lines may be counted toward meeting the parking requirement for ground floor nonresidential uses, provided that such accounting does not imply or convey any ownership of public parking to any private interest.

(3)

The overall parking requirement for nonresidential uses is reduced by fifty percent (50%) with the understanding that shared public parking in the district will generally accommodate these uses and that the public interest is served better by allowing these uses to congregate more densely than elsewhere in the Town, thus creating a more walkable environment.

(B)

Landscaping. Where space allows, the Landscaping and Tree Ordinance will be enforced. Changes of occupancy or activity will not necessarily implicate the Landscaping and Tree Ordinance in its entirety. Landscaping contribution fees will be waived for lots too small to meet landscaping requirements.

(C)

Exterior design:

(1)

Buildings constructed in the Downtown District must have the building exterior designed to fit aesthetically with the majority of buildings within the district. Outside exterior must be either brick, brick veneer, wood siding, wood look-alike siding, stucco, etc. Metal siding, which does not give the appearance of wood siding, is prohibited.

(2)

Buildings in the district shall build to the same front setback as the majority of structures in the district, to continue the street wall. Typically, though not always, or when adjacent structures are not "pulled up to the street", this means a front building façade within eight feet (8') to fifteen feet (15') of back of curb. The intent is to create a uniform building frontage along Main Street and side streets that continues the walkable, pedestrian-oriented storefront environment.

(D)

Setbacks.

(1)

For uses fronting on Main Street and public rights-of-way within one hundred feet (100') of Main Street, and with alley-loaded parking or structured deck parking (if any parking is required beyond what is usable via formalized, on-street parking), the front setback is reduced to zero, provided enough room remains for a minimum eight-foot wide sidewalk and the required street trees and street furniture (trash cans, benches, etc.) within a min. three-foot wide planting area or strip.

(2)

For uses fronting on Main Street and public rights-of-way within one hundred feet (100') of Main Street, minimum side setbacks are reduced to zero, provided fire and building code requirements are met.

(E)

Codes: New buildings and alterations must meet current building and fire codes.

(F)

Size: Buildings may be rebuilt on their current footprint. Any increase in the building footprint will require adherence to current landscaping and zoning requirements, except that these standards shall be relaxed proportionately for structures that utilize the lower minimum setbacks associated with this Overlay.

(G)

Uses: Regardless of zoning district and the standards in §155.03.05, Chart of Permitted Uses, attached residential (Residential Multiple) is allowed in and within one hundred feet (100') of the Downtown Overlay, except that ground floor residential (other than ancillary uses such as lobby, elevator, mail center, etc.) is not permitted to front on Main Street. The ground floor of structures fronting on Main Street within this Overlay is reserved for nonresidential uses.

(H)

Residential density: Attached residential (Residential Multiple) is allowed at densities up to thirty (30) dwelling units per acre, and thirty (30) dwelling units per structure, and no maximum density is established for mixed use buildings with nonresidential on the ground floor.

(I)

Where it has been determined to benefit the public health, safety and general welfare the approving authority may permit well designed smaller lot neighborhoods that may not meet the traditional zoning or land development requirements in order to facilitate centralized growth, encourage a variety of housing densities, types, styles or designs in the downtown area and meet the following criteria:

(1)

The proposed project has been determined to comply with the Comprehensive Land Use Plan.

(2)

The proposed project is appropriately located on an infill site within the downtown overlay area.

(3)

The appropriate residential zoning classification is in place to support the proposed project.

(4)

The proposed project meets the appropriate external buffer and setback requirements.

(5)

The proposed project is less than one hundred (100) units and meets the required density for the zoning classification of the property.

(6)

The proposed project enhances the character of the area and vehicular and pedestrian connectivity.

(7)

The proposed project improves internal and external pedestrian and bicycle connectivity to adjacent neighborhoods and nearby commercial areas.

(8)

Where appropriate, the proposed project assists with the preservation of important environmental features, viewsheds and open space.

(9)

The design elements encourage community and neighborliness.

(10)

The proposed building separations and setbacks adhere to all public safety and building code guidelines for accessibility and sustainability.

(11)

The project utilizes existing infrastructure or provides appropriate enhancements to ensure that the project does not place burdens on the existing infrastructure.

(12)

The proposed architectural style of the project blends appropriately with the surrounding area and the predominant architecture of the downtown area.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Planned Development Special Overlay Districts shall be governed by the Town of Lexington's Land Development Regulations and applicable State law.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

The purpose of the Railroad Industrial Special Overlay District is to allow minimal landscaping as provided in the Town of Lexington's Landscaping and Tree Ordinance, and to encourage industrial development in certain designated areas.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)