Winchester City Zoning Code
ARTICLE 16
1 - EDUCATION, INSTITUTION AND PUBLIC USE DISTRICT—EIP1
STATEMENT OF INTENT
This district is intended to permit the location and growth of public and private educational, institutional, public and semi-public uses in areas appropriate for such uses. The district is intended to encourage the retention or adaptive reuse of larger public and institutional uses on sites identified for such uses in the adopted Comprehensive Plan.
Editor's note— Article 16.1 established 9/9/97, Case TA-97-07, Ord. No. 021-97.
Sec. 16.1-1.- Use regulations.
Structures to be erected and land to be used shall be for the following uses:
16.1-1-1
Institutions of higher education.
16.1-1-2
Public schools, elementary, middle and high; and private schools having similar curricula to that ordinarily given in public schools. Boarding facilities accessory to and operated in conjunction with private schools are permitted.
16.1-1-3
Churches and Places of Worship, but not including rescue missions or temporary revival tents.
16.1-1-4
Fire, Rescue and Police Stations
16.1-1-5
Government uses consisting of one or more of the following: offices, warehousing, storage, distribution and facility maintenance operations. All uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid wall, opaque fence and/or evergreen hedge equal in height to the material being stored, providing however, that no wall or fence shall be required to be higher than ten feet.
(6/13/00, Case TA-00-02, Ord. No. 014-2000)
16.1-1-6
Existing cemeteries and the expansion of such cemeteries when the expansion abuts the existing cemetery.
16.1-1-7
Public parks, community gardens, playgrounds and playfields.
(10/12/10, Case TA-10-418, Ord. No. 2010-51)
16.1-1-8
Public Libraries
16.1-1-9
Public utilities, such as poles, lines, distribution transformers, meters, water and sewer lines, booster or relay stations.
16.1-1-10
Accessory uses, as defined.
16.1-1-11
Off-street parking and loading areas for permitted uses in accordance with Section 18-6 of this Ordinance.
16.1-1-12
Signs in accordance with Section 18-8 of this Ordinance.
16.1-1-13
Wireless facilities and wireless support structures eligible for administrative review per Section 18-30-4.
(2/11/20, Case TA-19-598, Ord. No. 2020-01)
16.1-1-14
Solar energy systems, as a principal use.
(3/22/22, Ord. No. 2022-7)
Sec. 16.1-2. - Uses permitted with a conditional use permit.
16.1-2-1
Wireless facilities and wireless support structures not eligible for administrative review.
(1/13/15, Case TA-14-645, Ord. No. 2014-48; 2/11/20, Case TA-19-598, Ord. No. 2020-01)
16.1-2-2
Museums and Art Galleries.
(5/12/98, Case TA-98-01, Ord. No. 013-98)
16.1-2-3
Day Nursery and Day Care Center.
16.1-2-4
Offices for non-profit and not-for-profit organizations.
16.1-2-5
Single-family dwelling and Group Home.
(10/9/07, Case TA-07-02, Ord. No. 2007-41)
16.1-2-6
Repealed.
(2/12/08, Case TA-07-09, Ord. No. 2008-11)
16.1-2-7
Preserved Civil War Battlefield Site.
(8/16/02, Case TA-01-08, Ord. No. 047-2001)
16.1-2-8
Market gardens, including the sale of food and/or non-food crops produced on the site.
(10/12/10, Case TA-10-418, Ord. No. 2010-51)
16.1-2-9
Accessory structure, used and occupied as a subordinate dwelling unit by a domestic employee, as defined; and, provided that such conditional use is recorded on the corresponding chain of title for the subject property in the office of the Winchester Circuit Court Clerk. Any such conditional use permit shall expire immediately upon change of ownership or change of occupancy of the main structure, so as to prevent undue density and overcrowding of land, which could adversely impact public health, safety, and welfare.
(6/14/11, Case TA-11-06, Ord. No. 2011-14)
Sec. 16.1-3. - Area regulations.
The minimum lot area for permitted uses shall be as follows:
16.1-3-1
Institutions of higher education. For each main building containing or intended to contain a use associated with an institution of higher education, there shall be a minimum lot area of 10,000 square feet.
16.1-3-2
Other permitted and conditional uses. The minimum area requirement shall be determined by the area requirement for that use in the most predominant adjacent zone as determined by the Administrator. If the use is not allowed in the adjacent zone, then the requirement shall be that of the use requiring the greatest area in the adjacent zone.
Sec. 16.1-4. - Lot width regulations.
16.1-4-1
The minimum lot width for all uses shall be 100 feet.
Sec. 16.1-5. - Setback regulations.
16.1-5-1
Main buildings: 35 feet.
Sec. 16.1-6. - Yard regulations.
16.1-5-1
Side. Each main building shall have a side yard of at least ten feet.
16.1-6-2
Rear. Each main building shall have a rear yard of at least 25 feet.
Sec. 16.1-7. - Height regulations.
16.1-7-1
Buildings may be erected up to 35 feet from grade except that:
16.1-7-2
Church spires, belfries, cupolas, chimneys, flues, flag poles, television antennas, radio aerials, and equipment penthouses are exempt.
16.1-7-3
A public or semipublic building such as a school or church may be erected up to 45 feet provided that each side yard is 15 feet plus one foot for each additional foot of building height over 35 feet.
(10/14/14, Case TA-14-354, Ord. No. 2014-38)
Sec. 16.1-8. - Corner side yard regulations.
As per Section 8-8 of this Ordinance.
(9/13/05, Case TA-05-04, Ord. No. 027-2005)