Lexington City Zoning Code
ARTICLE I
In General 1
§ 420-1.1 Short title.
This chapter, the full title of which is "Zoning Ordinance, City of Lexington, Virginia," may, for convenience, be referred to as the "Lexington Zoning Ordinance," and the accompanying map, titled "Zoning Map, City of Lexington, Virginia," may be referred to as the "Lexington Zoning Map."
§ 420-1.2 Introduction.
The City of Lexington's Comprehensive Plan embodies the community's vision and goals. Two primary mechanisms for achieving the City's land use goals are the zoning and subdivision ordinances. The zoning ordinance sets forth the regulations that legally enforce land use policies and establishes the rules guiding the development of land within the City. Similarly, the subdivision ordinance[1] establishes the rules by which land can be divided, often setting the stage for subsequent development under the zoning regulations. These two land use tools work hand in hand to help achieve the City's vision regarding land use and the overall well-being of the community.
§ 420-1.3 Purpose; effect on other provisions.
A.
This chapter, and any amendments hereto, have been adopted for the general purpose of implementing the Comprehensive Plan of the City of Lexington, and for the purpose of promoting the health, safety, and/or general welfare of the public. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes:
(1)
Provide for adequate light, air, convenience of access, and safety from fire, flood, crime, and other dangers;
(2)
Reduce or prevent congestion in the public streets;
(3)
Facilitate the creation of a convenient, attractive, and harmonious community;
(4)
Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;
(5)
Protect against destruction of, or encroachment upon, historic areas;
(6)
Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, panic or other dangers;
(7)
Encourage economic development activities that provide desirable employment and enlarge the tax base;
(8)
Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the City;
(9)
Protect surface and groundwater resources.
B.
This chapter shall not be deemed to interfere with or abrogate or annul or otherwise affect, in any manner whatever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits or by easements, covenants or agreements, the provisions of this chapter shall prevail.
§ 420-1.4 Applicability.
The provisions of this chapter shall apply to all property within the corporation limits of the City of Lexington, Virginia, with the exception that any property held in fee simple ownership by the United States of America or the Commonwealth of Virginia shall not be subject to the provisions contained herein.
§ 420-1.5 Severability.
Should any section or any provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any part thereof other than the part so held to be unconstitutional or invalid.
§ 420-1.6 Establishment of districts.
For the purposes of this chapter, the area within the incorporated City, as it exists at the time of the enactment of this chapter, is hereby divided into classes of districts, which are established as follows:
A.
General Residential District (R-1).
This district is composed of certain moderate-density residential areas, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district and to promote and encourage, insofar as is compatible with the intensity of land use, a suitable environment for family life composed of a family population. For this reason, the number of unrelated individuals permitted to constitute a household unit is limited to a maximum of three in this district. Residential structures for both permanent and transient occupancy, including institutions, may be authorized.
B.
Suburban Residential District (R-2).
This district is composed of low-density residential areas containing mostly single-family homes as well as vacant areas where development of a similar nature is most appropriate. The regulations for this district are designed to stabilize and protect the essential characteristics of the district and to promote and encourage a suitable environment for family life composed of a family population. For this reason, the number of unrelated individuals permitted to constitute a household unit is limited to a maximum of three in this district. Residential structures for both permanent and transient occupancy, including institutions, may be authorized.
C.
Multifamily Residential District (R-M).
This district is intended to establish areas where housing of a medium-density capacity can be located. For this reason, a maximum of four unrelated individuals are authorized to constitute a household unit in all types of dwelling units in this district. The regulations of this district provide that multiple-family dwellings, such as apartment houses, townhouses, garden apartments, etc., may be developed in appropriate areas, well located with respect to major roads, shopping facilities and employment centers. Such developments are allowed in a manner which provides a suitable and comfortable living environment for people of all ages. Community facilities needed to support these developments are permitted. While these developments are of a medium density, they tend to be small in scale and therefore would be compatible with adjacent land uses.
D.
Residential Light Commercial (R-LC).
This district is established to provide areas where housing can be located adjacent to or in conjunction with light commercial operations compatible in nature with residential land use. For this reason, a maximum of four unrelated individuals are authorized to constitute a household unit in all types of dwelling units in this district. The regulations applicable to this district provide that single-family dwellings and multiple-family dwellings, such as apartment houses, townhouses, garden apartments, etc., may be developed in appropriate areas well located with respect to major roads, shopping facilities and employment centers. Community facilities needed to support these developments are permitted. Small manufacturing and light commercial facilities are allowed in a manner which will provide for a suitable and comfortable living environment for people of all ages. Artistic endeavors are encouraged in this district as are the establishment of live-work dwellings. These developments and light commercial and manufacturing facilities are of medium density, tending to be small in scale. They are harmonious with and complementary to adjacent land uses.
E.
Central Business District (C-1).
The purposes of this district are to enhance the utility, safety and attractiveness of the historic downtown business area for residents and visitors alike; to encourage the continuation of a compact, efficient and attractive retail facade and arrangement of buildings in the downtown area; and to minimize traffic congestion and its effects in the downtown area, all of which purposes are served by encouraging a compact and convenient arrangement of retail stores, offices, compatible service uses and the use of community parking areas and by discouraging those uses which are incompatible with permitted uses or which would tend to be disruptive of traffic and pedestrian flow and historic building patterns. Furthermore, the historic area regulations of Article VIII of this chapter apply to the Central Business District as a means of protecting this important element of the City's historic and architectural heritage.
F.
General Commercial District (C-2).
The primary purpose of this district is to provide outlying areas for heavier businesses and light industrial uses. Businesses will be conducted in completely enclosed structures. Noxious fumes, excessive noise and other environmental pollutants will not be permitted regardless of the nature of the business.
G.
Entrance Corridor Overlay District (EC).
The purpose of this district is to protect and enhance the City's attractiveness; protect the City's scenic, historic, architectural and cultural resources; support and stimulate development which is appropriate and complementary to the numerous properties of historic, architectural and cultural significance throughout the City; protect and enhance the architectural and scenic character of significant access routes to the City's historic downtown; promote orderly and attractive development along these significant access routes; and ensure that development within this district is compatible with these resources through architectural control of development.
H.
Institutional Overlay District (I-1).
The purpose of this district is to provide for orderly development of major institutions such as colleges, universities and medical campuses in accord with approved master plans for these institutions, with minimum procedural delay, and at the same time to ensure coordination of institutional development with surrounding land uses and the overall fabric of the City, the City's Comprehensive Plan and applicable City codes and ordinances.
I.
Historic Downtown Preservation District.
The purposes and objectives of this district are to:
(1)
Bring attention to the architectural excellence and historic importance of certain buildings, structures, places and areas in the City.
(2)
Improve the land values, business climate, environmental quality, facilities and services of the City, while keeping the unique and distinctive character of certain sections.
(3)
Foster a more favorable climate in the City, especially in the Central Business District, for the development of tourism as a basic and vital industry in the community.
(4)
Encourage the development of off-street parking in the Central Business District for the convenience of shoppers, City and county employees and tourists.
(5)
To assist private organizations within the City in furthering a deeper appreciation of the rich cultural heritage of the community.
(6)
To promote a broad program, within the scope of this article, for preserving, rehabilitating and maintaining architecturally fine structures, monuments, walkways, places and areas within the entire City.
J.
Residential Historic Neighborhood District.
The purposes and objective of this district are to:
(1)
Bring attention to the architectural excellence and historic importance of certain buildings, structures, places and residential areas in the City.
(2)
Preserve and improve the unique and distinctive character of certain residential sections.
(3)
Enhance the quality of life for residents by preserving the historic resources of the City.
(4)
Maintain and improve property values, encourage sound stewardship and be minimally intrusive on property owners.
(5)
Assist private organizations within the City in furthering a deeper appreciation of the rich cultural and historic heritage of the community.
K.
Planned Unit Development (PUD).
The planned unit development (PUD) concept encourages and permits variation in residential developments, clustering of buildings, common open space, and a mix of building types and land uses. Its intent is to permit greater flexibility in order to allow more creative, innovative, imaginative, and, where possible, environmentally sensitive development than may be possible in the other zoning districts. A PUD is intended to allow the use of diversified development techniques for larger parcels. Planned unit developments shall be developed with appropriate site design, landscaping, and buffering practices to ensure compatibility with surrounding developed properties.
L.
General Floodplain District (FP).
The purpose of this district is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:
(1)
Regulating uses, activities and development which, alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies.
(2)
Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding.
(3)
Requiring all those uses, activities and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.
(4)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
M.
Parks and Open Space District (P-OS).
The purpose of this district is to preserve and enhance public park and recreational areas and open space, provide opportunities for recreation, preserve scenic qualities, protect sensitive environmental areas and provide pedestrian and bicycle pathways.
§ 420-1.7 Zoning Map. [1]
The locations and boundaries of districts established in the City shall be shown on a map titled "Zoning Map, City of Lexington, Virginia."[2] The same map may be amended subsequent to the adoption thereof. The Zoning Map, as well as all notations, dimensions, designations, references and other data shown thereon, is made a part of these regulations to the same extent as if the information set forth on such map were fully described and incorporated herein. A certified official copy of the Zoning Map, with all map amendments indicated thereon, shall be on file in the office of the City Zoning Administrator.
[1]
Editor's Note: For state law as to preparation and adoption of a Zoning Map and amendments thereto, see Code of Virginia, § 15.2-2285.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 420-1.8 Determination of uncertain boundaries.
Where uncertainty exists as to the boundaries of the districts established in § 420-1.6 and as shown on the Zoning Map, the following rules shall apply:
A.
In a case where a boundary line is located within a street or alley or a navigable or nonnavigable stream, it shall be deemed to be in the center of the street or alley right-of-way or stream.
B.
In a case where a boundary line approximately follows a lot line or the City corporate line and is not more than 10 feet in distance therefrom, such lot line or City corporate line shall be the boundary.
C.
In a case of unsubdivided property or where a zoning line divides a lot, the location of any such line shall be controlled by the dimension stated on the Zoning Map.
§ 420-1.9 Boundary adjustments.
Any area incorporated into the City after the effective date of this chapter shall immediately, upon the effective date of the action, be automatically classified as a General Residential District until a zoning plan for the area shall be adopted by the Council. The Planning Commission shall prepare and present to the Council a zoning plan for the new area within six months.
§ 420-1.10 Uses generally.
A.
Conformance with chapter. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or structure be used, occupied, designed or arranged to be used for any purpose or in any manner not in conformance with the regulations of this chapter.
B.
Uses not specifically listed prohibited. For the purposes of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.
C.
Lots. Every building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one building on one lot.
D.
Dwellings. A dwelling of any type erected, altered or maintained as such in a less restricted district than that for which the regulations governing such dwelling are specified shall comply with the regulations governing the use, area, building height, yard and other requirements of the respective type of dwelling as if such dwelling were erected, altered or maintained in the district in which the regulations apply.
§ 420-1.11 Conditional use permits.
A.
Purpose. To provide for certain uses that either have unusual characteristics or have characteristics that are sufficiently different from those of their surroundings or are generally of a public or semipublic character, conditional use permits are authorized by this chapter in certain circumstances and upon the exercise of planning judgment respecting location, site plan and other factors.
B.
Public notice.
(1)
In accordance with § 15.2-2204 of the Code of Virginia, the Planning Commission shall not recommend nor shall the City Council approve any conditional use until public hearings have been held by both the Planning Commission and the City Council. Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the City, provided that such notice for both the Planning Commission and the City Council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the City where copies of the proposed plans, ordinances or amendments may be examined. The Planning Commission and City Council may hold a joint public hearing after public notice as set forth herein, and, if such joint hearing is held, public notice as set forth above need be given only by the City Council. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.
(2)
Planning staff shall give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the City's real property tax records. This notice shall give the date, time and place of the hearing, identify the property which is the subject of the application and give a brief description of the proposed action. This notice shall be mailed a minimum of 10 days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the Zoning Administrator prior to mailing.
[Amended 3-21-2019 by Ord. No. 2019-04]
(3)
Planning staff shall place a sign provided by the City on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.
[Amended 3-21-2019 by Ord. No. 2019-04]
C.
Conditions of issuance.
(1)
Conditional use permits may be issued for any of the uses for which a conditional use permit is required by the provisions of this chapter, provided that the governing body, upon a recommendation by the Planning Commission, shall find that:
(a)
The proposed use will not affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use.
(b)
The proposed use will not be detrimental to the public welfare or unduly injurious to property values or improvements in the neighborhood.
(c)
The proposed use will not be in conflict with the policies and principles of the City's adopted Comprehensive Plan.
(d)
Adequate public services, including streets and other trafficways, utilities, police and fire protection, are or reasonably will be available to support the proposed use.
(2)
Where the provisions of this chapter require conditional use permits for certain parking lots, drive-in, and/or drive-through facilities in the C-1 or C-2 Zoning Districts, due consideration shall be given, in addition to the findings contained in Subsection C(1) of this section, to the purposes of the districts and specifically to the effect of such facilities on the use of off-street circulation ways, including use of alleys; on the location of access points and relationship to traffic and pedestrian flow; and on the adequacy of off-street waiting area at drive-in facilities. Additionally, in the review of such facilities in the C-1 Zoning District, due consideration shall be given to the effect of such facilities on the historic pattern of buildings and on the maintenance of a compact, efficient and attractive retail facade and arrangement of buildings.
(3)
In granting any conditional use permit, the governing body shall give due consideration to factors relevant to the findings required by Subsection C(1) and (2), as well as to any other reasonable land use and zoning considerations as may be required by the nature of the proposed use or as may be otherwise appropriate to effectuate the intent of this chapter, and the governing body shall designate such conditions as it deems necessary to carry out the intent of this chapter. The application for such conditional use permit shall be accompanied by such written and graphic material as may be necessary to enable the Planning Commission and the governing body to make the recommendation and findings set forth above.
D.
Commencement of construction. Construction or operation shall commence within one year of the date of issuance or the conditional use permit shall become void.
E.
Reapplication. No reapplication for a conditional use permit for the same or substantially the same application shall be considered by the governing body within a period of one year from its last consideration. This provision, however, shall not impair the right of the governing body to propose a conditional use permit on its own motion.
F.
Should the use approved by the conditional use permit cease for any twenty-four-month period during the life of the permit, the conditional use permit shall become void.