Lynchburg City Zoning Code
ARTICLE IV
BASE ZONING DISTRICTS
Sec. 35.2-40.1. - R-C District purpose.
The R-C district is intended to provide for very low intensity development in areas not served by City sewer and water supply systems, and areas with special natural characteristics that limit land uses and development to protect the City's environmental health. This district encompasses sensitive land in stream valleys and areas of steep slope, which should be retained as open spaces with passive recreational uses, with only essential public facilities that cannot reasonably be located outside the district and very low intensity land uses.
Sec. 35.2-40.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-1 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-1: Authorized Uses in RC District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-40.3. - R-C District use standards.
The following standards apply in addition to the standards for specific uses established in Article VII:
(a)
Agricultural Uses. The raising of cattle, goats, horses or other large farm animals, and/or five or more poultry or game animals will be permitted on lots of ten acres or more. Any structure for housing or feeding one or more such animals must be at least 200 feet from any street or lot line but shall not include any commercial poultry farm or hog farm, and provided further that livestock and poultry shall be kept within secure enclosures and shall not be allowed to roam at large.
(b)
Water Quality Standards. To achieve the purpose of this district, storage of hazardous materials shall not be allowed within this zoning district, parking lots shall be located outside the district boundaries and outdoor storage of vehicles is prohibited.
(c)
Conditional Uses. Prior to authorizing a conditional use permit within the R-C district, the City Council shall make the following findings:
1.
Parking lots do not encroach upon the R-C district except as necessary to serve the approved use when designed to minimize negative impacts on the volume and quality of stormwater runoff;
2.
Land and vegetation disturbance and building areas in the R-C district will be minimized to minimize any potential adverse effect on the quality of runoff; and
3.
Outdoor storage of materials that are potentially detrimental to water quality will be prohibited.
(d)
Occupancy. Not more than three unrelated individuals may occupy a dwelling unit in the R-C district unless allowed pursuant to a use authorized by conditional use permit. Occupancy for non-conforming duplex and multi-household dwellings shall not exceed three unrelated individuals per dwelling unit.
(e)
Accessory Uses. Accessory uses and structures shall comply with the provisions of section 35.2-71. Farm produce markets and truck gardens are permitted to sell only products grown on the premises. Parking for authorized uses shall be allowed subject to design and construction that minimizes the negative impacts on the volume and quality of stormwater runoff.
Sec. 35.2-40.4. - R-C District development standards.
Dimensional standards for the R-C district are summarized in Exhibit IV-2. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Building Height. In addition to the required minimum setback of 50 feet, no portion of a building shall exceed one foot of height above average grade at the foundation of the building for each two feet of distance from the property line or street right-of-way line. No portion of any property may be divided from the lot in the future in such a way as to bring the property into nonconformance with this regulation.
(b)
Non-Conforming Lots. Lots of record having less area or less width than herein required on or before December 12, 1978, may be occupied by single-household dwellings only.
(c)
Planned Unit Development. The R-C district development standards may be modified through a planned unit development, which is approved through the conditional use permit approval process.
(d)
Clearing and Grading. Clearing and grading should be minimized and done in accordance with an approved Erosion and Sediment Control/Stormwater Management Plan.
Exhibit IV-2: Summary of R-C Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum Height | see paragraph (a) above | 35.2-61.2 |
| Minimum front setback (dimension A) | 50' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 50' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 50' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 50' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 150' | 35.2-61.4 |
| Minimum lot area | 10 acres per dwelling and 5 acres per dwelling unit or boarding unit | 35.2-61.4 |
| Maximum lot coverage | 10% | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17)
Sec. 35.2-41.1. - R-1 District purpose.
The R-1 district is intended to provide for residential development at low densities, together with public uses, institutional uses and private recreational facilities that are in scale with single-household residences.
Sec. 35.2-41.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-3 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-3: Authorized Uses in R-1 District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-41.3. - R-1 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
Not more than one single-household detached dwelling may be established on each lot.
(b)
One accessory dwelling unit may be established in addition to the principal dwelling unit on lots on which the owner resides, subject to the occupancy standards of this section and section 35.2-60.2(e), when:
1.
The accessory dwelling unit is located in the principal dwelling, there is one main entrance located in the front of the building and the building has no outside characteristics, such as outside stairs, other than those common to a single-household dwelling; or
2.
The accessory dwelling is located in accessory building and complies with the standards of section 35.2-71.3.
(c)
As provided in section 35.2-60.2(e) not more than three (3) unrelated individuals may occupy a dwelling unit in the R-1 district unless allowed pursuant to a use authorized by conditional use permit (i.e., bed and breakfast, boarding house, dormitories/sororities/fraternities, and large group homes).
(d)
Except as specifically authorized for home occupations, no residential lot or structure shall be used for commercial or industrial purposes.
(e)
Accessory uses and structures shall comply with the provisions of section 35.2-71. A large day care center may be established pursuant to section 35.2-72.8 as an accessory use to any approved institutional use.
Sec. 35.2-41.4. - R-1 District development standards.
(a)
Development Standards Summarized. Dimensional standards for the R-1 district are summarized in Exhibit IV-4. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(b)
Development Patterns. The R-1 district development standards may be modified through the approval of a residential cluster development, planned unit development or traditional neighborhood development through the conditional use permit process.
(c)
Neighborhood Norms. Front and side setbacks may be reduced in accordance with the neighborhood norm provisions of section 35.2-61.3.
Exhibit IV-4: Summary of R-1 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum Height | 40' | 35.2-61.2 |
| Minimum front setback (dimension A) | 40' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 15' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 40' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 50' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 100' | 35.2-61.4 |
| Minimum lot area (square feet) | 15,000, and 7,500 per dwelling unit or boarding unit | 35.2-61.4 |
| Maximum net density (dwelling units per acre/dwelling units per acre including accessory dwelling units and boarding units) | 2.90/5.80 | 35.2-61.4 |
| Maximum lot coverage | 20.2% | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17)
Sec. 35.2-42.1. - R-2 District purpose.
The R-2 district is intended to provide for residential development at low densities, together with public uses, institutional uses and private recreational facilities that are in scale with single-household residences. This district is intended to allow higher densities than the R-1 district where supported by adequate infrastructure and compatible with site conditions.
Sec. 35.2-42.2. - Authorized uses.
(a)
Exhibit IV-5 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-5 Authorized Uses in R-2 District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-42.3. - R-2 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
Not more than one single-household detached dwelling may be established on each lot.
(b)
One accessory dwelling unit may be established in addition to the principal dwelling unit on lots on which the owner resides, subject to the occupancy standards of this section and section 35.2-60.2(e), when:
1.
The accessory dwelling unit is located in the principal dwelling, there is one (1) main entrance located in the front of the building and the building has no outside characteristics, such as outside stairs, other than those common to a single-household dwelling; or
2.
The accessory dwelling is located in accessory building and complies with the standards of section 35.2-71.3.
(c)
As provided in section 35.2-60.2(e), not more than three unrelated individuals may occupy a dwelling unit in the R-2 district unless allowed pursuant to a use authorized by conditional use permit (i.e., bed and breakfast, boarding house, dormitories/sororities/fraternities, and large group homes). Occupancy for non-conforming duplex and multi-household dwellings shall not exceed three unrelated individuals per dwelling unit.
(d)
Except as specifically authorized for home occupations, no residential lot or structure shall be used for commercial or industrial purposes.
(e)
Accessory uses and structures shall comply with the provisions of section 35.2-71. A large day care center may be established pursuant to section 35.2-72.8 as an accessory use to any approved institutional use.
Sec. 35.2-42.4. - R-2 District development standards.
(a)
Development Standards Summarized. Dimensional standards for the R-2 district are summarized in Exhibit IV-6. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(b)
Development Patterns. The R-2 district development standards may be modified through the approval of a residential cluster development, planned unit development or traditional neighborhood development through the conditional use permit process.
(c)
Neighborhood Norms. Front and side setbacks may be reduced in accordance with the neighborhood norm provisions of section 35.2-61.3.
Exhibit IV-6: Summary of R-2 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | 40' | 35.2-61.2 |
| Minimum front setback (dimension A) | 30' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 8' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 30' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 30' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 75' | 35.2-61.4 |
| Minimum lot area (square feet) | 10,000, with 5,000 per boarding unit | 35.2-61.4 |
| Maximum net density (dwelling units per acre/dwelling units per acre including accessory and boarding units) | 4.35/8.7 | 35.2-61.4 |
| Maximum lot coverage | 20% | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17)
Sec. 35.2-43.1. - R-3 District purpose.
The R-3 district is intended to provide for residential development and other compatible uses at medium densities in areas with adequate infrastructure and access to public and commercial services. In addition to small-lot single-household development, duplexes and other compatible housing types may be allowed, as are public and institutional uses that are in scale with neighborhood uses.
Sec. 35.2-43.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-7 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-7 Authorized Uses in R-3 District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-43.3. - R-3 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
Accessory uses and structures shall comply with the provisions of section 35.2-71.
(b)
Not more than three unrelated individuals may occupy a dwelling unit in the R-3 district unless allowed pursuant to a use authorized by conditional use permit (i.e., bed and breakfast, boarding house, dormitories/sororities/fraternities, and large group homes).
(c)
Except as specifically authorized for home occupations, no residential lot or structure shall be used for commercial or industrial purposes.
(d)
Accessory uses and structures shall comply with the provisions of section 35.2-71.
(e)
Off-street parking lots may be established provided that they:
1.
Serve permitted uses in medium density residential districts located within 200 feet of the lot to be used for off-street parking.
2.
Are on lots adjacent to and serve an authorized commercial use in a commercial district and subject to an approved conditional use permit.
Sec. 35.2-43.4. - R-3 District development standards.
(a)
Development Standards Summarized. Dimensional standards for the R-3 district are summarized in Exhibit IV-8. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(b)
Semi-detached or Detached Dwellings. For semi-detached or detached dwellings, the minimum lot area shall be 4,000 square feet and the minimum lot width shall be 30 feet. The minimum side setback shall be five feet except that there is no minimum side setback required along the party wall between adjoining units (see illustration below). Semi-detached or detached dwellings located on lots less than 8,000 square feet are not permitted accessory units.
Semi-detached Dwellings
(c)
Neighborhood Norms. Front and side setbacks may be reduced in accordance with the neighborhood norm provisions of section 35.2-61.3.
(d)
Development Patterns. The R-3 district development standards may be modified through the approval of a residential cluster development, planned unit development or traditional neighborhood development through the conditional use permit process.
Exhibit IV-8: Summary of R-3 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height (see paragraph (a) above) | 40' | 35.2-61.2 |
| Minimum front setback (dimension A) | 30' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 5' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 30' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 30' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 60', 30' per 43.4(b) | 35.2-61.4 |
| Minimum lot size (square feet) - see paragraphs a and b of this section for additional standards | 4,000 per dwelling unit or boarding unit (also see paragraphs (b) & (c) above) | 35.2-61.4 |
| Maximum net density (dwelling unit or boarding units per acre) | 10.89 | 35.2-61.4 |
| Maximum lot coverage | 30% | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17)
Sec. 35.2-44.1. - R-4 District purpose.
The R-4 district is intended to provide for residential and other compatible uses at high densities in locations with adequate infrastructure and proximity to necessary services and employment. R-4 districts may include any type of housing, as well as public uses, institutional uses, private recreation and limited retail and service uses, when accessory to a multi-household development.
Sec. 35.2-44.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-9 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-9: Authorized Uses in R-4 District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-44.3. - R-4 District use standards.
The following standards apply In addition to the standards for specific uses established in Article VII:
(a)
Commercial uses allowed in the B-1 district shall be allowed as accessory uses to multi-household development subject to the following conditions:
1.
Uses shall not exceed five percent of the gross floor area of the multi-household development in which they are located.
2.
The uses shall be limited to uses allowed within the B-1 zoning district.
3.
No drive-in or drive-through services are permitted.
4.
All such uses shall be limited to the ground floor of the structure in which they are located.
(b)
Not more than three unrelated individuals may occupy a dwelling unit in the R-4 district unless otherwise approved by a conditional use permit.
(c)
Accessory uses and structures shall comply with the provisions of section 35.2-71.
Sec. 35.2-44.4. - R-4 District development standards.
Dimensional standards for the R-4 district are summarized in Exhibit IV-10. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Lots abutting R-1, R-2 or R-3 Districts. Multi-household buildings on lots that abut lots in a R-1, R-2 or R-3 district shall not exceed two stories within 100 feet of the property line of said abutting lots. See section 35.2-61.2 for additional height requirements and section 35.2-61.3 for additional setback requirements for lots abutting R-1, R-2 or R-3 districts.
(b)
Density and height bonuses. The net density and height may be increased to up to 29 dwelling units per acre and up to 60 feet in height subject to achievement of the design standards listed in Exhibit IV-11 and the provisions of paragraph (a).
(c)
Development patterns. The R-4 district development standards may be modified through the approval of a residential cluster development, planned unit development or traditional neighborhood development through the conditional use permit process.
Exhibit IV-10: Summary of R-4 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum Height | 40' | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | 30' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 5' | 35.2-61.3 |
| Minimum side setback, exterior from right-of-way (dimension C) | 30' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 25' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 50', 30' for detached or semi-detached dwellings | 35.2-61.4 |
| Minimum lot size (square feet) | 4,000, with 2,000 for each dwelling unit or boarding unit | 35.2-61.4 |
| Maximum net density (dwelling unit or boarding units per acre) | 21.78 | 35.2-61.4 |
| Maximum lot coverage | 30% | 35.2-61.4 |
 | ||
Exhibit IV-11: Density Bonuses in the R-4 District
(Ord. No. O-17-013, § 1, 2-14-17)
Sec. 35.2-45.1. - B-1 district purpose.
The B-1 district is intended to provide for office, retail, restaurant and service uses that are compatible with nearby residential areas because they are in scale with adjacent neighborhood development and have pedestrian-oriented designs. While they generate a moderate level of traffic, they do not involve the constant traffic flows characteristic of community-scaled retail activities. These districts can provide a transition from retail districts and heavily traveled thoroughfares to residential areas.
Sec. 35.2-45.2. - Authorized uses.
(a)
The uses authorized by IV-12 may be established in accordance with the procedures in Article II, the district standards in this article, the site development standards established in Article II and specific use standards established in Article VI, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-12: Authorized Uses in B-1 District
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-20-026, 11-10-20; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-45.3. - B-1 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
No lot, building or structure shall be used and no building or structure shall be erected that is intended or designed to be used, in whole or in part, for any industrial or manufacturing purposes.
(b)
Drive-through and drive-in uses are not allowed in this district except under the following conditions:
1.
Drive through and drive-in uses shall not be associated with businesses providing food or beverage services;
2.
Drive-through services shall be located in the rear of the building and shall take access from an urban collector or local street; and
3.
Drive-through services shall be designed so that not more than one two-way access or two one-way access points serving such uses shall be located on a single block.
(c)
Outdoor operations, storage, or display are prohibited except as authorized for temporary outdoor display or outdoor dining.
(d)
The scale of businesses shall be compatible with adjacent neighborhoods and shall not exceed the floor areas established in Exhibit IV-13.
Exhibit IV-13: Maximum Floor Areas for the B-1 District
(e)
Except authorized single household dwellings and other residential uses permitted by conditional use permit, ground floor residential uses shall be prohibited.
(f)
Schools for general education with maximum enrollments of 25 or fewer students shall only be allowed subject to the setbacks for other uses allowed in the district. Schools with maximum enrollments in excess of 25 students shall be subject to approval of a conditional use permit and setback requirements for schools established in section 35.2-72.21 (Schools, Colleges and Vocational Schools).
(g)
Not more than three unrelated individuals may occupy a dwelling unit in the B-1 district unless otherwise approved by a conditional use permit.
(h)
Accessory uses and structures shall comply with the provisions of section 35.2-71.
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-20-026, 11-10-20)
Sec. 35.2-45.4. - B-1 District development standards.
Dimensional standards for the B-1 district are summarized in Exhibit IV-14. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Setbacks. Setbacks are subject to compliance with in section 35.2-66.4 (Visibility at Intersections) and applicable landscaping requirements.
(b)
Lot Area Regulations. In addition to the minimum lot size of 6,000 square feet, a total minimum area of 1,000 square feet is required for each dwelling unit, or unit in a boardinghouse, lodging house, nursing home, tourist home or hotel unit.
(c)
Parking. Required on-site parking shall be provided behind the front building line in accordance with section 35.2-62 except where an existing building with parking in front of the building line is being reused and locating required parking in rear or side yards is not practical due to extreme topography or access limitations.
(d)
Dumpsters. Dumpsters on lots abutting residential zoning districts shall be screened pursuant to section 35.2-63.9 (Utility Screening) and set back at least 25 feet from any residential property line.
(e)
Landscaping. Where a building is located within five feet of the right-of-way, required street trees and foundation plantings may be planted in City right-of-way with permission of the City.
(f)
Development Patterns. The B-1 district development standards may be modified through the approval of a cluster commercial development.
(g)
Lots abutting R-1, R-2 or R-3 districts. Multi-story buildings on lots that abut lots in an R-1, R-3 or R-3 districts shall not exceed two stories within 100 feet of the property line of said abutting lots. See section 35.2-61.2 for additional height requirements and section 35.2-61.3 for additional setback requirements for lots abutting R-1, R-2 or R-3 districts.
(h)
Mixed use developments permitted by conditional use permit.
1.
Commercial space shall comprise at least 50 percent of the building gross floor area.
2.
When a mixed use development in a B-1 District is adjacent to an R-1, R-2 or R-3 district, a fence that is not less than six feet in height shall be established with the required buffer as required by section 35.2-63.10(d).
Exhibit IV-14: Summary of B-1 Development Standards
| Design Element | Standards | Section Cross-Reference |
|---|---|---|
| Maximum height | 40' | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | 0' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 0' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 0' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 25' | 35.2-61.3 |
| Minimum lot width at front property line (dimension E) and front setback line (dimension F) | 50' | 35.2-61.4 |
| Minimum lot depth (dimension F) | 100' | 35.2-61.4 |
| Minimum lot area (square feet) | 6,000 with 1,000 sq. ft. of lot area per dwelling unit or boarding unit | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-20-026, 11-10-20)
Sec. 35.2-46.1. - B-3 District purpose.
The B-3 district is intended to provide for office, retail and service uses meeting the needs of the community as a whole. Residential uses are limited to upper floors of mixed-use buildings or in transitional buildings between commercial and residential uses in mixed use developments. They will include a wide range of business uses and other uses compatible with a moderate-sized business area, at densities lower than those permitted in the central business area. New districts of this type will be strongly encouraged to develop as fully planned entities.
Sec. 35.2-46.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-15 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-15 Authorized Uses in B-3 District
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-17-091, 10-10-17; Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-46.3. - B-3 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
Schools and colleges of all types (including vocational schools) shall not exceed a maximum enrollment of 100 students except as authorized by conditional use permit.
(b)
Radio and television studios and stations shall not have towers, shall produce no exterior electromagnetic effect and shall be soundproofed from adjoining properties.
(c)
Large-scale retail establishments shall comply with section 35.2-84 (Retail Establishments, Large Scale) unless otherwise approved through the conditional use permit process.
(d)
Dance floors may be allowed as accessory uses to restaurants.
(e)
Arenas and auditoriums approved through the conditional use permit process shall be limited to a maximum capacity of 2,500 persons.
(f)
Veterinarian hospitals authorized through the conditional use permit process shall not have outdoor kennels.
(g)
Except authorized single household dwellings and other residential uses permitted by conditional use permit, ground floor residential uses shall be prohibited.
(h)
Outdoor storage is prohibited.
(i)
Accessory uses and structures shall comply with the provisions of section 35.2-71.
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-20-026, 11-10-20)
Sec. 35.2-46.4. - B-3 district development standards.
Dimensional standards for the B-3 district are summarized in Exhibit IV-16. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Setbacks. Setbacks are subject to compliance with in section 35.2-66.4 (Visibility at Intersections) and applicable landscaping requirements.
(b)
Lots Abutting R-1, R-2 or R-3 Districts. See section 35.2-61.2 for additional height requirements and section 35.2-61.3 for additional setback requirements for lots abutting R-1, R-2 or R-3 districts.
(c)
Area Regulations. A minimum of 1,000 square feet of lot area is required for each dwelling unit or unit in a boardinghouse, lodging house, convalescent and nursing home, tourist home or hotel.
(d)
Parking. Parking areas shall be set back at least 20 feet from front or exterior side property lines or set behind the front building line on all street frontages.
(e)
Development Patterns. The B-3 district development standards may be modified through the approval of a cluster commercial development or traditional neighborhood development.
(f)
Mixed use developments permitted by right.
1.
Commercial space shall comprise at least 50 percent of the building gross floor area.
Exhibit IV-16: Summary of B-3 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | 40' | 35.2-61.2 |
| Minimum front setback (dimension A) | 0' | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | 0' | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | 0' | 35.2-61.3 |
| Minimum rear setback (dimension D) | 0' | 35.2-61.3 |
| Minimum lot width (dimension E) | 0', subject to compliance with access separation standards | 35.2-61.4 |
| Minimum lot depth (dimension F) | 0' | 35.2-61.4 |
| Minimum district size | none | 35.2-61.4 |
| Minimum average lot area per establishment (square feet) | 6,000 | 35.2-61.4 |
 | ||
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-20-026, 11-10-20)
Sec. 35.2-47.1. - B-4 District purpose.
The B-4 district is intended to:
(a)
Provide for a wide range of residential, commercial and other sales and service operations, serving the entire metropolitan area in downtown Lynchburg and other mixed use centers throughout the City;
(b)
Encourage a compatible mix of multi-household residences, business and related activities of relatively high densities and with adequate services where appropriate;
(c)
Assure public access to the James River for recreational purposes and to protect the aesthetic qualities of the riverfront.
Sec. 35.2-47.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-17 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-17: Authorized Uses in B-4 District
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-47.3. - B-4 District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
Drive-in and drive-through businesses where persons are served food or beverages in automobiles, such as refreshment stands, restaurants, food stores and the like are prohibited.
(b)
Hiring halls and other places of assembly for the registration for or the assignment of employment are prohibited.
(c)
Schools and colleges of all types that exceed a maximum enrollment of 100 students are prohibited unless otherwise approved through issuance of a conditional use permit.
(d)
Arenas, auditoriums, or stadiums, shall not exceed a maximum capacity of 1,000 persons unless otherwise approved through issuance of a conditional use permit.
(e)
Outdoor storage shall be prohibited.
(f)
Temporary exhibitions and festivals are subject to approval of a temporary use permit by the Zoning Administrator and shall not exceed 15 days duration.
Sec. 35.2-47.4. - B-4 District development standards.
Dimensional standards for the B-4 district are summarized in Exhibit IV-18. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Setbacks. None required, except that any side or rear setback abutting a R-1, R-2 or R-3 district shall be a minimum of twice the width required in that district and shall be subject to the screening requirements of section 35.2-63.9 (Utility screening).
(b)
Height regulations. In any B-4 district, a building may be erected to any height, provided that the height of that portion of the building in excess of two times the width of the right-of-way on which it abuts shall be governed by the following regulations:
1.
For each foot such building or portion thereof is set back from any street, lot or minimum setback line, such building or portion thereof may be erected ten feet in height, provided that no street shall for this purpose be considered to be less than 40 feet or more than 60 feet in width.
2.
If a building abuts on two or more streets, that street that permits the greater height shall be used as the basis of measurement.
(c)
Development Patterns. The B-4 district development standards may be modified through the approval of a cluster commercial development or traditional neighborhood development.
(d)
Commercial Design Guidelines. For new development and redevelopment within a local, state or national historic district, restorations or modifications to existing structures:
1.
Building and site development should comply with the "Lynchburg Historic Districts Commercial Design Review Guidelines";
2.
Landscaping requirements shall be waived if:
a.
Walls are constructed out of glass, stone, brick or masonry, excluding cinder block and unfinished concrete, except that roof and rear additions complying with the guidelines may be constructed of wood, brick or masonry unless the City Planner finds that alternative materials are comparable appearance and durability;
b.
Entries are oriented to the street on which the building fronts, except that entries for buildings on corner lots may face the corner;
c.
Window size, the proportion of openings and the alignment of windows, floors and cornices are consistent with adjacent buildings; and
d.
Large buildings include architectural features to create the appearance of matching existing storefront widths.
3.
In administering the paragraphs (d)(1) and (d)(2), the City Planner may grant minor exceptions to allow development that emulates historic design patterns when a project is located adjacent to one or more buildings that is inconsistent with historic design patterns.
Exhibit IV-18: Summary of B-4 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height |
none
(see paragraph (b) above) | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | none | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | none | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | none | 35.2-61.3 |
| Minimum rear setback (dimension D) | none | 35.2-61.3 |
| Minimum lot width (dimension E) | none | 35.2-61.4 |
| Minimum lot depth (dimension F) | none | 35.2-61.4 |
 | ||
Sec. 35.2-48.1 - B-5 District purpose.
The B-5 district is intended to provide for a variety of commercial and similar uses that require large sites and which often produce substantial nuisance effects. The location of these districts should provide for a high level of access, relatively large amounts of level land, and opportunities to shield adjacent residential districts from nuisance effects.
Sec. 35.2-48.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-19 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-19: Authorized Uses in B-5 District
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-48.3. - District use standards.
The following standards supplement the standards for specific uses established in Article VII:
(a)
No operations shall create conditions of smoke, fumes, noise, odor, light or dust detrimental to health, safety or the general welfare of the community.
(b)
Billboards shall be subject to the regulations of section 35.2-64.16 (Billboards).
(c)
Second-hand stores may include auction sales provided such activity is conducted wholly within an enclosed building.
(d)
Storage warehouses and yards shall not include the storage of combustibles prohibited by the fire code, sand yards, gravel yards, coal yards, railroad yards and automobile wrecking yards.
(e)
Schools and colleges of all types that exceed a maximum enrollment of 100 students are prohibited unless otherwise approved through issuance of a conditional use permit.
(f)
Except residential uses specifically permitted by conditional use permit, ground floor residential uses shall be prohibited.
(g)
Large-scale retail establishments shall comply with the provisions of section 35.2-84 (Retail Establishments, Large Scale) unless otherwise approved through issuance of a conditional use permit.
(h)
Outdoor storage, which is permitted as an accessory to a principal use, shall be screened in accordance with section 35.2-63.9 (Utility screening).
(Ord. No. O-17-013, § 1, 2-14-17; Ord. No. O-20-026, 11-10-20)
Sec. 35.2-48.4. - B-5 District development standards.
Dimensional standards for the B-5 district are summarized in Exhibit IV-20. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Height regulations. Subject to the provisions of sections 35.2-61.2 (Height) and 35.2-61.3 (Setbacks), buildings may be erected to any height, provided that the height of that portion of the building in excess of two times the width of the street on which it abuts shall be governed by the following regulations:
1.
For each foot such building or portion thereof is set back from any street, lot or minimum setback line, such building or portion thereof may be erected ten feet in height, provided that no street shall for this purpose be considered to be less than 40 feet nor more than 60 feet in width.
2.
If a building abuts on two or more streets, that street which permits the greater height shall be used as the basis of measurement.
(b)
Lots Abutting R-1, R-2 or R-3 Districts. See section 35.2-61.2 (Height) for additional height requirements and section 35.2-61.3 (Setbacks) for additional setback requirements for lots abutting R-1, R-2 or R-3 districts.
(c)
Area regulations. Each dwelling, boardinghouse, lodging house, convalescent and nursing home, tourist home and hotel, together with their accessory buildings, shall be located on a lot having an area of not less than 1,000 square feet for each household unit, except that the minimum area for any such lot shall be 6,000 square feet, and the minimum width 50 feet.
(d)
Development Patterns. The B-5 district development standards may be modified through the approval of a cluster commercial development or traditional neighborhood development.
(e)
Mixed use developments permitted by right.
1.
Commercial space shall comprise at least 50 percent of the building gross floor area.
Exhibit IV-20: Summary of B-5 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | none (See paragraph (a) above) | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | none | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | none | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | none | 35.2-61.3 |
| Minimum rear setback (dimension D) | none | 35.2-61.3 |
| Minimum lot width (dimension E) | none | 35.2-61.4 |
| Minimum lot depth (dimension F) | none | 35.2-61.4 |
| Minimum average lot area per establishment | none (See paragraph (b) above) | 35.2-61.4 |
 | ||
(Ord. No. O-20-026, 11-10-20)
Sec. 35.2-49.1. - IN-1 District purpose.
(a)
The IN-1 district is intended to provide for institutional uses such as schools, colleges, universities, senior living facilities, medical facilities and churches with multiple buildings contained in a campus setting. This district provides flexibility for institutions while identifying areas intended for future development. IN-1 districts are for institutional campuses located primarily within or adjacent to residential areas. Institutions are encouraged to maintain a dialogue with City staff that will provide a greater understanding of the relationship of the institutions' and the City's future development plans and the availability of adequate water, sanitary sewer and transportation infrastructure.
(b)
The amount of off-site impact related to an institution depends as much on the location as the size and scale of the campus. This district will provide flexibility for institutions while creating development procedures and standards to minimize off site impacts such as noise, lighting, traffic, and availability/capacity of water and sanitary sewer infrastructure associated with their development. Off-site impacts related to erosion and sediment control/stormwater management will be mitigated by existing City ordinances.
Sec. 35.2-49.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-21 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
(e)
Bookstores (see LBCS Codes 2132-2135) may be authorized as accessory uses to a college in an IN-1 district.
Exhibit IV-21: Authorized Uses in IN-1 District
(Ord. No. O-21-010, 2-9-21)
Sec. 35.2-49.3. - Establishment of an IN-1 District.
The process for establishing an IN-1 Institutional District for a campus shall be the same as provided for a change to the Official Zoning Map as outlined in section 35.2-11 (Applications requiring public hearings before City Council) except that at the time the IN-1 is established, the institution shall provide to the City:
(a)
A concept plan with a two-year projection of future development at the campus. The concept plan is intended to be illustrative in nature and should provide an overview of planned campus development; mitigation plans for off-site impacts such as noise, lighting and traffic; and proposed uses that would require an extension or upgrade to water/sanitary sewer infrastructure. The concept plan is not intended to serve as a master plan. Permitted and accessory uses do not need to be indicated on the concept plan provided the development standards of the Institutional District are met and adequate transportation and water/sanitary sewer infrastructure is available to serve the development.
(b)
A traffic study prepared by a firm qualified to conduct traffic engineering studies. The methodology for the required traffic study shall be as specified in the most recently adopted City's Manual of Specifications and Standard Details. Technical guidelines for traffic studies may be obtained from the City's Transportation Engineer. The traffic study shall, at a minimum, include the following information:
1.
The existing Level of Service (LOS) for City streets and intersections serving the campus.
2.
The projected amount of growth of the campus that would result in a street or intersection Level of Service (LOS) lower than "D" for City streets or intersections serving the institution, or
3.
In the case of City streets or intersections with a Level of Service (LOS) already lower than "D" the projected amount of growth of the campus that would result in further lowering the Level of Service (LOS).
Sec. 35.2-49.4. - Modification of concept plans.
(a)
A new concept plan for a campus shall be required when the TRC determines in approving a site plan for the institutional campus that:
1.
The cumulative total of the institution's existing and proposed development at the campus would result in a Level of Service (LOS) lower than "D" for City streets and intersections serving such campus or in the case of City streets or intersections serving such campus that had a Level of Service (LOS) lower than "D" at the time the district was established a further lowering of the Level of Service to "E" or "F"; or
2.
Adequate water/sanitary sewer capacity or infrastructure, as determined by current engineering standards, is not readily available to serve the institution's existing and proposed development at such campus; or
3.
A period of five years has passed since the review of a concept plan by the Planning Commission for such campus.
(b)
The new concept plan shall be prepared as stated in section 35.2-49.3(a) and when the requirement for a new concept plan is based upon LOS standards, a traffic study shall be required as specified in section 35.2-49.3(b).
1.
Improvements required to maintain a LOS "D" for City intersections or to prevent a further lowering of the Level of Service when the institutional development itself gives rise to the need for the improvement shall be required to be made by the institution. Only those improvements having a clearly demonstrated nexus between the proposed development of the campus and the need for the improvement shall be required to be made by the institution.
2.
The new concept plan with a two-year projection shall be submitted to the Planning Commission for review and comment. TRC may approve the revised concept plan after review and comment by the Planning Commission as long as infrastructure is adequate to accommodate the proposed changes. Institutions are encouraged to maintain a dialogue with City staff that will provide a greater understanding of the relationship of the institutions and the City's future development plans and the availability of adequate water, sanitary sewer and transportation infrastructure.
Sec. 35.2-49.5. - IN-1 District development standards.
Dimensional standards for the IN-1 district are summarized in Exhibit IV-22. Section cross-references identify the location of additional dimensional standards and rules for their application.
(a)
Setbacks for Existing Structures and Uses. Structures and uses with setbacks less than required by the IN-1 district development standards and existing at the time the district is established shall not be considered non-conforming and may be enlarged or expanded within the existing setback.
(b)
Height. The maximum height of a structure shall not exceed the horizontal distance from the nearest residential district boundary.
(c)
Lighting. In addition to the standards established in section 35.2-65 (Outdoor Lighting), the following standards shall apply within the IN-1 district:
1.
Light sources shall be shielded so that the light source shall not be visible beyond the property line;
2.
Lights shall be shielded so they do not radiate above five degrees below horizontal as shown to the right; and
3.
No building or street light shall be more than 35 feet in height except for athletic field lighting.
Exhibit IV-22: Summary of IN-1 Development Standards
| Design Element | Standards | Section Cross-Reference |
|---|---|---|
| Minimum Land Area for District | 5 acres | 35.2-61.2 |
| Maximum Height | See paragraph (b) above | 35.2-61.3 |
| Minimum front setback from right-of-way (dimension A) | 40' | 35.2-61.3 |
| Minimum Setback from a Residential District (dimension B) | 50' | 35.2-61.3 |
| Minimum Side Setback, Interior (dimension C) | 50' | 35.2-61.3 |
| Minimum Side Setback, Street Side (dimension D) | 50' | 35.2-61.4 |
| Minimum Rear Setback (dimension E) | 50' | 35.2-61.4 |
| Minimum Open Space | 20% of campus | |
 | ||
Sec. 35.2-50.1. - Purpose.
(a)
The IN-2 district is intended to provide for institutional uses such as schools, colleges, universities, senior living facilities, medical facilities and churches with multiple buildings contained in a campus setting. This district provides flexibility for institutions while identifying areas intended for future development. IN-2 districts are for larger institutional campuses located primarily adjacent to districts other than residential districts.
(b)
The amount of off-site impact related to an institution depends as much on the location as the size and scale of the campus. This district will provide flexibility for institutions while creating development procedures and standards to minimize off site impacts such as noise, lighting, traffic, and availability/capacity of water and sanitary sewer infrastructure associated with their development. Off-site impacts related to erosion and sediment control/stormwater management will be mitigated by existing City ordinances.
Sec. 35.2-50.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-23 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in VII as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-23: Authorized Uses in IN-2 District
(Ord. No. O-19-040, § 1, 10-8-19; Ord. No. O-21-010, 2-9-21)
Sec. 35.2-50.3. - Establishment of IN-2 District.
(a)
The process for establishing an IN-2, Institutional District shall be the same as the process provided for amending the Official Zoning Map which is set forth in section 35.2-11 (Applications Requiring Public Hearings Before City Council), except that an applicant shall not be required to submit a legal description, a metes and bounds description or a concept plan of the property that is the subject of the application. The site plan review procedures set forth in section 35.2-14.2 shall not be applicable to applications to establish IN-2, Institutional Districts.
(b)
At the time an application to establish an IN-2, Institutional District is submitted the applicant shall provide to the City:
1.
A map indicating the boundaries of the proposed IN-2, Institutional District, including:
a.
The boundaries of all parcels to be contained in the IN-2, Institutional District;
b.
The tax map identification numbers of all parcels to be contained within the IN-2, Institutional District; and
c.
Where available, the established street addresses of all parcels to be contained within the IN-2, Institutional District.
Sec. 35.2-50.4. - Facility planning.
(a)
Institutions are encouraged to maintain a dialogue with City staff that will provide a greater understanding of the relationship of the institutions' and the City's future development plans and the availability of adequate water, sanitary sewer and transportation infrastructure.
(b)
An institution may, but is not required to, submit with its application to establish an IN-2, Institutional District, a concept plan for the proposed IN-2, district. If submitted, such plan shall show the institution's anticipated future development of the district for a period of not less than two years, nor more than five years.
(c)
At the time an arena, stadium, auditorium or new entrance to a City street is proposed for construction by the institution, a traffic impact study shall be required. The traffic impact study shall be prepared by a firm qualified to conduct such studies and shall be conducted in compliance with the City's Manual of Specifications and Standard Details in effect as of the March 12, 2013. The study shall indicate the following:
1.
The existing level of service for the City streets and intersections serving the IN-2 district.
2.
The impact the anticipated arena, stadium, auditorium or new entrance will have on the level of service (LOS) on City streets and intersections.
3.
Improvements that will be necessary to prevent such anticipated arena, stadium, auditorium or new entrance to a City street from reducing the Level of Service (LOS) of the streets or intersections serving the IN-2 district lower than "D"; and
4.
In the case of City streets or intersections with an existing level of service (LOS) of "D", improvements necessary to prevent the arena, stadium, auditorium or new entrance to a City street from further reducing the Level of Service.
Sec. 35.2-50.5. - IN-2 District use standards.
The following standards apply in addition to the standards for specific uses established in Article VII:
(a)
Upon establishment of an IN-2, Institutional District by Council, the institution and its accessory uses shall be permitted by right. Notwithstanding the provision of Article IX, all conforming uses and lawful non-conforming uses existing within an IN-2, Institutional District at the time of its creation, including replacements, renovations, and expansion of such uses, shall be permitted by right; provided however, no non-conforming sign or non-conforming billboard shall be expanded except as may be allowed by the sign ordinances set forth in section 35.2-64 et seq. of this Zoning Ordinance.
(b)
Residential uses that are not owned and operated by the applicable institution shall only be authorized subject to issuance of a conditional use permit.
(c)
Large-scale retail establishments shall comply with the provisions of section 35.2-84 unless otherwise approved pursuant to a conditional use permit.
(d)
Second hand stores may include auction sales provided that such activity is conducted wholly within an enclosed building.
(e)
Soundproofed radio and television studios without towers may be established provided that they produce no electromagnetic effect on adjoining properties.
(f)
Storage warehouses and yards may be established, but shall not include sand yards, gravel yards, coal yards, railroad yards, automobile wrecking yards, junkyards or the storage of combustibles prohibited by the Fire Code.
(g)
Outdoor storage, which is permitted as an accessory to a university, shall be screened in accordance with section 35.2-63.9 (Utility screening).
Sec. 35.2-50.6. - Exemptions.
The IN-2, Institutional District shall be exempt from the requirements of the following sections of this Zoning Ordinance:
(a)
Section 35.2-61 (Building Envelope, Height, Lot Area and Density Standards);
(b)
Section 35.2-71 (Accessory Buildings and Uses);
(c)
Section 35.2-62 (Parking and Loading), provided; however, any institution in the IN-2, Institutional District shall provide adequate parking and unloading areas to accommodate permitted uses within the district. The district shall be deemed to not have adequate parking and unloading areas, when the lack of parking and/or unloading areas in the district causes vehicles to be regularly parked in, or to partially or completely block any public rights- of-way; and
(d)
Section 35.2-72.2 (Arenas, Auditoriums and Stadiums).
Sec. 35.2-51.1. - I-1 District purpose.
The I-1 district is intended to provide for industrial plants developed at moderate to low densities and with high standards of building and site design. These districts can be mapped in close proximity to residential areas and are particularly appropriate along regional highways, where they can serve to improve the attractiveness and amenity of these highways to the benefit of the traveler, the community and the individual plant owner.
Sec. 35.2-51.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-24 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-24: Authorized Uses in I-1 District
(Ord. No. O-21-010, 2-9-21)
Sec. 35.2-51.3. - I-1 District use standards.
The following standards apply in addition to the standards for specific uses established in Article VII:
(a)
No lot, building or structure shall be used, and no building or structure shall be erected that is intended or designed to be used, in whole or in part, for any use which is in conflict with any ordinance of the City of Lynchburg now existing or hereafter enacted.
(b)
No use shall be allowed unless specifically permitted by right, as a permitted accessory use or as a use permitted by conditional use permit, provided, however, that any use existing prior to December 13, 1988, may be enlarged or expanded, but not relocated, so long as it meets all other applicable requirements of this Zoning Ordinance. Any such use shall not be subject to any of the limitations or other regulations prescribed for non-conforming uses elsewhere provided in this Zoning Ordinance. Dwellings and agricultural uses existing on December 13, 1988 shall be considered uses allowed by right.
(c)
No use shall be permitted which produces noise, unshielded light, smell, dust or any other airborne nuisance that is perceptible beyond the property line of each zoning lot.
(d)
All manufacturing, processing, testing, storage and similar operations shall be contained completely within buildings or structures.
(e)
Foundation planting requirements may be reduced by 50 percent for building or structure sides that face a public street that have façades with at least 70 percent nonmetallic materials.
(f)
Office buildings shall have a minimum of 12,000 square feet of gross floor area; however, offices may be established as accessory uses within a building used for any authorized use.
(g)
Food service facilities shall be limited to those that are expressly designed for the use of an establishment or group of establishments located in the district, unless otherwise approved by conditional use permit with limited take-out service.
(h)
Recreational facilities shall be limited to those for employees of establishments in the district.
(i)
Care centers shall be limited to those for employer-sponsored adult or child care when located on the same property as the primary industrial use.
(j)
Retail stores, not including warehouse sales, shall be limited to those planned and built as part of manufacturing or processing operation, dealing in the products produced in such operations, intended primarily for the exhibition and promotion of those products as well as their sale.
(k)
Heliports and helistops shall meet all applicable federal, state and local regulations and are located at least one-half mile from any residential district.
Sec. 35.2-51.4. - I-1 District development standards.
Dimensional standards for the I-1 district are summarized in Exhibit IV-25. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(a)
Height regulations. Subject to the provisions of sections 35.2-61.2 (Height) and 35.2-61.3 (Setbacks), a building may be erected to any height, provided that the height of that portion of the building in excess of two times the width of the street on which it abuts shall be governed by the following regulations: For each foot such building or portion thereof is set back from any street, lot or minimum setback line, such building or portion thereof may be erected ten feet in height, provided that no street shall for this purpose be considered to be less than 40 feet nor more than 60 feet in width. If a building abuts on two or more streets, that street which permits the greater height shall be used as the basis of measurement. See section 35.2-61.2 (Height) for additional height requirements for lots abutting R-1, R-2, R-3 or R-4 districts.
(b)
Setbacks.
1.
In all instances where a lot in an industrial district (I-1, I-2 or I-3) is adjacent to a residential district (R-1, R-2, R-3 or R-4):
a.
A buffer shall be established between the districts in compliance with section 35.2-63.10.
b.
There shall be required a 100-foot setback.
2.
Where a lot in an industrial district is on the same block as a residential district, the front and exterior side setback requirements of the residential district shall apply to the applicable industrial district.
(c)
Development Patterns. The I-1 district development standards may be modified through the approval of a flex space or corporate campus development.
Exhibit IV-25: Summary of I-1 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | none (See paragraph (a) above) | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | none | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | none | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | none | 35.2-61.3 |
| Minimum rear setback (dimension D) | none | 35.2-61.3 |
| Minimum lot width (dimension E) | none | 35.2-61.4 |
| Minimum lot depth (dimension F) | none | 35.2-61.4 |
| Minimum district size | 2 acres | |
| Minimum average lot area per establishment | none | |
 | ||
Sec. 35.2-52.1. - I-2 District purpose.
The I-2 district is intended to provide for industrial uses of a variety of types that produce relatively low levels of smoke, smell, noise, light, dust and other nuisances. These areas would contain many of the same types of activities as the I-1 districts, but less stringent development standards shall apply. In general, operations are appropriate in this district that:
(a)
Do not involve nuisances discernible at the lot line; and
(b)
Do not deal with large volumes of customers on a continuous basis throughout the day.
Sec. 35.2-52.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-26 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-26: Authorized Uses in I-2 District
(Ord. No. O-21-010, 2-9-21)
Sec. 35.2-52.3. - I-2 District use standards.
The following standards apply in addition to the standards for specific uses established in Article VII:
(a)
No use shall be allowed in this district unless listed above as a use permitted by right, as a permitted accessory use or as a use permitted by conditional use permit, provided, however, that use existing prior to December 13, 1988, may be enlarged or expanded, but not relocated, so long as it meets all other applicable requirements of this Zoning Ordinance. Any such use shall not be subject to any of the limitations or other regulations prescribed for non-conforming uses elsewhere provided in this Zoning Ordinance. Dwellings and agricultural uses existing on December 13, 1988 shall be considered uses allowed by right.
(b)
Office buildings shall be limited to those directly related to an industrial activity taking place on the site.
(c)
Retail/wholesale display rooms for sales at industrial establishments of products manufactured on site and other products of the corporation shall not exceed 15 percent of the total floor area.
(d)
Authorized warehousing and storage excludes the storage of combustibles prohibited by the fire code, sand yards, gravel yards, coal yards, railroad yards, automobile wrecking yards, or junkyards.
(e)
For wholesale establishments with a building area of 5,000 square feet or more, a portion of the establishment may be used for retail display area, provided the retail sales:
1.
Do not exceed 15 percent of the total building area, and
2.
Are not used for second hand (consignment) merchandise or auction centers and do not require outdoor storage such as lumber yards, wholesale warehouses for the sale of motor vehicles, farm, or heavy construction equipment.
(f)
Heliports and helistops shall meet all applicable federal, state and local regulations and be located at least one-half mile from any residential district.
(g)
Outdoor storage shall be screened in accordance with section 35.2-63.9.
Sec. 35.2-52.4. - I-2 District development standards.
(a)
Dimensional Standards. Dimensional standards for the I-2 district are summarized in Exhibit IV-27. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(b)
Height regulations. Subject to the provisions of sections 35.2-61.2 (Height) and 35.2-61.3 (Setbacks), a building may be erected to any height, provided that the height of that portion of the building in excess of two times the width of the street on which it abuts shall be governed by the following regulations: For each foot such building or portion thereof is set back from any street, lot or minimum setback line, such building or portion thereof may be erected ten feet in height, provided that no street shall for this purpose be considered to be less than 40 feet nor more than 60 feet in width. If a building abuts on two or more streets, that street which permits the greater height shall be used as the basis of measurement. See section 35.2-61.2 (Height) for additional height requirements for lots abutting R-1, R-2, R-3 or R-4 districts.
(c)
Setbacks.
1.
In all instances where a lot in an industrial district (I-1, I-2 or I-3) is adjacent to a residential district (R-1, R-2, R-3 or R-4):
a.
A buffer shall be established between the districts in compliance with section 35.2-63.10.
b.
There shall be required a one-hundred (100) foot setback.
2.
Where a lot in an industrial district is on the same block as a residential district, the front and exterior side setback requirements of the residential district shall apply to the applicable industrial district.
(d)
Development Patterns. The I-2 district development standards may be modified through the approval of a flex space or corporate campus development.
Exhibit IV-27: Summary of I-2 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | none (See paragraph (b) above) | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum rear setback (dimension D) | none | 35.2-61.3 |
| Minimum lot width (dimension E) | none | 35.2-61.4 |
| Minimum lot depth (dimension F) | none | 35.2-61.4 |
| Minimum district size | 2 acres | |
| Minimum average lot area per establishment | none | |
 |
Sec. 35.2-53.1. - I-3 District purpose.
The I-3 district is intended to provide for industrial and other activities which produce the highest levels of objectionable characteristics permitted under federal and state air and water pollution regulations. Generally, the objective of this ordinance is to limit objectionable characteristics and any other objectionable characteristics to those which are not discernible beyond the boundary of the district.
Sec. 35.2-53.2. - Authorized uses.
(a)
The uses authorized by Exhibit IV-28 may be established in accordance with the procedures established in Article II, the district standards in this article, the site development standards established in Article VI and specific use standards established in Article VII, as well as other applicable rules and regulations.
(b)
Uses may also be limited by overlay standards established in Article V of this Zoning Ordinance.
(c)
See Article III for the rules of interpreting authorized uses and Appendix A for a complete listing of land uses allowed in every zoning district.
(d)
Uses designated "P" are permitted by right and uses designated "C" require issuance of a conditional use permit.
Exhibit IV-28: Authorized Uses in I-3 District
(Ord. No. O-21-010, 2-9-21)
Sec. 35.2-53.3. - I-3 District Use Standards.
The following standards apply in addition to the standards for specific uses established in Article VII:
(a)
No use shall be allowed in this district unless listed or defined above as a use permitted by right, as a permitted accessory use or as a use permitted by conditional use permit, provided, however, that any use existing prior to December 13, 1988, may be enlarged or expanded, but not relocated, so long as it meets all other applicable requirements of this Article. Any such use shall not be subject to any of the limitations or other regulations prescribed for non-conforming uses elsewhere provided in this Article. Dwellings and agricultural uses existing on December 13, 1988 shall be considered uses allowed by right.
(b)
Uses in LBCS Code 3310 (chemicals, plastics and rubber products) exclude the manufacture of sulphurous, sulfuric, nitric, picric, hydrochloric or other corrosive acids and the manufacture of bleaching powder, ammonia or chlorine.
(c)
Uses in LBCS Code 3320 (Chemicals, plastic and rubber products) include the production of and manufacture using low explosives, but exclude the production or manufacture using high explosives as defined in Article 11 of this zoning ordinance.
(d)
Uses in LBCS Code 3330 exclude the manufacture of lime, gypsum, plaster or plaster of paris.
(e)
Residential uses, including those of an institutional nature - institutional residential uses being those associated with churches or religious organizations, schools, hospitals, health or adult care facilities are limited to (1) residences of bona fide caretakers and their families, and (2) any residence constructed prior to and occupied as a residence since December 12, 1978. The limitations of Article IX, non-conforming uses, notwithstanding, such residences, in the event they are damaged or destroyed due to fire or other unforeseen circumstances (but not including neglect), may be rebuilt in their original location with substantially the same height and exterior dimensions, provided that they have frontage on an improved City street and that reconstruction is completed to the point that a new Certificate of Occupancy is issued within 24 months from the date of damage or destruction.
(f)
No use shall be allowed that creates conditions of smoke, fumes, noise, odors or dust detrimental to the health, safety and general welfare of the community.
(g)
Retail/wholesale display rooms for sales at industrial establishments shall be limited to products manufactured on site and other products of the corporation provided the display area shall not exceed 15 percent of the total floor area.
(h)
Food service facilities located within a building housing a permitted use and serving one or a group of permitted uses are authorized in the I-3 zoning district.
Sec. 35.2-53.4. - I-3 District development standards.
(a)
Dimensional Standards. Dimensional standards for the I-3 district are summarized in Exhibit IV-29. Section cross-references identify the location of additional dimensional standards and rules for their application. The standards in this section apply in addition to the site development standards of Article VI and site development standards applicable to specific uses established in Article VII.
(b)
Height regulations. Subject to the provisions of sections 35.2-61.2 (Height) and 35.2-61.3 (Setbacks), a building may be erected to any height, provided that the height of that portion of the building in excess of two times the width of the street on which it abuts shall be governed by the following regulations: For each foot such building or portion thereof is set back from any street, lot or minimum setback line, such building or portion thereof may be erected ten feet in height, provided that no street shall for this purpose be considered to be less than 40 feet nor more than 60 feet in width. If a building abuts on two or more streets, that street which permits the greater height shall be used as the basis of measurement.
(c)
Setbacks.
1.
In all instances where a lot in an industrial district (I-1, I-2 or I-3) is adjacent to a residential district (R-1, R-2, R-3 or R-4):
a.
A buffer shall be established between the districts in compliance with section 35.2-63.10.
b.
There shall be required a one-hundred (100) foot setback.
2.
Where a lot in an industrial district is on the same block as a residential district, the front and exterior side setback requirements of the residential district shall apply to the applicable industrial district.
(d)
Height. See section 35.2-61.2 (Height) for additional height requirements for lots abutting R-1, R-2, R-3 or R-4 districts.
(e)
Planned Unit Developments. The I-3 district development standards may be modified through a planned unit development, which is approved through the conditional use permit approval process.
Exhibit IV-29: Summary of I-3 Development Standards
| Design Element | Standards | Cross-Reference |
|---|---|---|
| Maximum height | none (See paragraph (b) above) | 35.2-61.2 |
| Minimum front setback from right-of-way (dimension A) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum side setback, interior (dimension B) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum side setback, exterior (dimension C) | none (See paragraph (c) above) | 35.2-61.3 |
| Minimum rear setback (dimension D) | none | 35.2-61.3 |
| Minimum lot width (dimension E) | none | 35.2-61.4 |
| Minimum lot depth (dimension F) | none | 35.2-61.4 |
| Minimum district size | 2 acres | |
| Minimum average lot area per establishment | none | |
 |