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."
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 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.
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.
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.
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.
The locations and boundaries of districts established in the
City shall be shown on a map titled "Zoning Map, City of Lexington,
Virginia." 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.
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.
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.