Article XI Use and Design Standards

Purpose. In Lexington, accessory dwellings are intended to provide additional housing options. Accessory dwelling units (ADUs) increase options for households with changing family structures, and they can generate supplemental income to homeowners, helping increase housing affordability for owners and renters alike. These requirements formally recognize previously established apartments, and they provide for improved safety and physical appearance.

ACCESSORY DWELLING UNIT - ATTACHED

Definitions. The following words and phrases, as used in this subsection, shall have the following meanings:

Means a complete independent dwelling unit, with kitchen and bath, designed, arranged, used, or intended for occupancy by not more than two persons for living purposes, and meeting the standards of § 420-11.1A. Accessory dwelling units are clearly incidental and subordinate to, and remain under the same ownership as the main dwelling on the lot. When contained within the principal structure of a single-family dwelling, such accessory dwelling unit constitutes an "attached accessory dwelling unit," for which a separate entrance and street address are required.

ACCESSORY DWELLING UNIT - DETACHED

Means a complete independent dwelling unit, with kitchen and bath, designed, arranged, used, or intended for occupancy by not more than two persons for living purposes, and meeting the standards of § 420-11.1A. Accessory dwelling units are clearly incidental and subordinate to, and remain under the same ownership as the main dwelling on the lot. When contained in a separate, fully detached structure from the principal structure of a single-family dwelling, such accessory dwelling unit constitutes a "detached accessory dwelling unit," for which a separate street address is required.

General standards. Accessory dwelling units shall be subject to the following minimum standards:

An accessory dwelling unit cannot be constructed without the primary dwelling existing on the parcel.

No more than one ADU shall be allowed per parcel containing a primary dwelling.

Accessory dwelling units must comply with all applicable and current building code regulations.

Unless otherwise provided in § 420-4.6, the parcel must meet the minimum lot requirements for a single family residence in the zoning district.

Accessory dwelling units may be created within or attached to an existing primary dwelling located on a lot that is smaller than the minimum lot size and/or narrower than the minimum lot width provided the lot is a lot of record (i.e., legally nonconforming).

The owner of the principal building or lot shall be the occupant of the principal dwelling or of the accessory dwelling unit.

The separate sale of an accessory dwelling unit is prohibited.

Allowable square feet for accessory dwelling units shall be calculated as the sum of the total horizontal areas of all floors of the building, measured from the interior faces of exterior walls. Rooms with structural headroom of less than six feet, six inches shall not be counted, nor shall garage space, provided the area of the garage does not exceed the counted floor area. Covered porches, decks, balconies, etc. shall not be counted unless they are enclosed, but shall not exceed 50% of the area of the counted floor area.

Any accessory dwelling units shall comply with the following parking requirements:

If no parking spaces exist prior to an application for approval of an ADU, one off-street space shall be created, provided, however, that if an applicant can demonstrate to the Zoning Administrator that adequate on-street parking exists on the block on which the main dwelling is located, such new space may not be required.

Where either one or two spaces exist prior to the issuance of the accessory dwelling permit, all such space(s) shall be maintained.

Where more than two spaces exist prior to issuance of the accessory dwelling permit, at least two spaces shall be maintained.

(j)

Notwithstanding any provision in § 420-11.3V of the City Code to the contrary, a primary dwelling or accessory dwelling unit on a lot may be used as a short term residential rental business as follows:

Only one short term rental unit shall be allowed per parcel. The unit must be registered as a short term residential rental business as required by § 420-11.3V of the City Code.

If the host under § 420-11.3V(1) is the lot owner, then 1) the lot owner must occupy the primary dwelling or the accessory dwelling unit as his or her principal place of residence and domicile as required in § 420-11.3V and 2) the registered short term rental unit may be located in either the primary dwelling or the accessory dwelling unit.

If the host under § 420-11.3V(1) is a long-term lessee rather than the lot owner, then 1) the lot owner must occupy either the primary dwelling or the accessory dwelling unit as required by § 420-11.1A(3)(f), 2) the host must occupy the other dwelling unit as his or her principal place of residence and domicile as required in § 420-11.3V, and 3) the Host's dwelling must be the location of the registered short term rental unit.

A short term rental unit located in the primary dwelling may be used either as a Type A or Type B short term rental business. A short term rental unit located in an accessory dwelling unit may be used only as a Type B short term rental business.

The host of a short term rental unit that is located in an accessory dwelling unit, is subject to this subsection, and is located in the R-1, R-2, or R-M residential zoning district may not rent the unit for more than 45 nights in each calendar year.

The host must comply with all other applicable requirements of §§ 420-11.1A and 420-11.3V.

Accessory dwelling unit - attached standards. Attached accessory dwelling units shall be subject to the following additional standards:

The gross floor area of an attached accessory dwelling unit may not exceed 50% of the gross floor area of the principal structure in which it is located.

No attached accessory dwelling unit with an entrance above the first floor shall have exterior stairs to that entrance on the side of the lot fronting a street. Accessory dwelling units facing an alley as determined by the Zoning Administrator may have external stairs on the side of the lot facing the alley.

Accessory dwelling unit - detached standards. Detached accessory dwelling units shall be subject to the following additional standards:

The maximum gross floor area of a detached accessory dwelling unit shall be as follows:

If the gross floor area of the primary dwelling on the property exceeds 1,000 square feet, the gross floor area of a detached accessory dwelling unit may not exceed 60% of the gross floor area of the primary dwelling nor more than 1,000 square feet.

If the gross floor area of the primary dwelling on the property is less than 1,000 square feet, the gross floor area of a detached accessory dwelling unit may not exceed 600 square feet.

Detached accessory buildings containing accessory dwellings shall exceed neither 25 feet in height nor two stories in height.

Any detached accessory building approved after February 1, 2024, containing an accessory dwelling shall comply with setbacks as follows:

For lots in the R-1 zoning district, the nearest wall of the accessory building shall not be located closer than 10 feet to a side lot line or 15 feet to a rear lot line;

For lots in the R-2 zoning district, the nearest wall of the accessory building shall not be located closer than 15 feet to a side lot line or 20 feet to a rear lot line; and

When the rear lot line runs along an alley, the minimum rear yard setback for a detached accessory dwelling unit shall be 10 feet.

No detached accessory dwelling unit with an entrance above the first floor shall have exterior stairs to that entrance on the side of the lot fronting a street unless the accessory building was built prior to February 1, 2024.

A detached accessory dwelling unit located in the Residential Historic District must be reviewed by the Architectural Review Board for consistency with the Historic District Design Guidelines.

An accessory building in which the accessory dwelling unit is located shall not be required to be separately metered for utilities from the principal single family home.

A modular dwelling affixed to a permanent foundation may be used as an accessory dwelling unit in any zoning district in which an accessory dwelling unit is permitted.

Detached nonconforming accessory buildings existing prior to February 1, 2024, may be altered structurally or non-structurally, in accordance with all requirements of Article 16, to create an accessory dwelling provided the detached accessory dwelling unit can meet the following additional requirements:

A nonconforming structure shall not be extended or enlarged.

The maximum square footage of the detached accessory dwelling unit may not exceed that of the main dwelling.

Fenestration, including bay window encroachments, or mechanical/HVAC units must be at least five feet from the property line and in accordance with § 420-4.2 unless it is located on a wall facing an alley or side street.

Exterior doors must be at least five feet from the property line adjacent to an alley or side street and at least 10 feet from the property line in all other cases.

There is no maximum height limit on a nonconforming accessory structure to be used as a detached accessory dwelling unit, however no additional height may be added to such a structure.

Except as otherwise provided in § 420-16.1C, a nonconforming accessory building may be changed to the accessory dwelling use in compliance with the standards contained in this section.

Notwithstanding any provision in Chapter 403, Water and Sewers, of the City Code to the contrary, no "detached accessory dwelling unit" under this article shall be required to have a separate water meter; provided, however, the water and sewer connections for the "detached accessory dwelling unit" shall meet the following requirements:

The water line servicing the "detached accessory dwelling unit" must be connected after the single water meter serving the property but before the water regulator serving the primary dwelling;

The water line servicing the "detached accessory dwelling unit" must have its own dedicated water regulator;

If the aggregate fixture count for the primary dwelling and the "detached accessory dwelling unit" exceeds 42 fixtures, then the single water meter serving the property and the service line must be upgraded to 1"; and

The sewer line for the "detached accessory dwelling unit" must connect to the primary dwelling's sewer line on the subject parcel with a cleanout being installed at the connection point.

Nothing in this section will preclude an owner from connecting a detached accessory dwelling unit's water or sewer service directly to the City's water main or sewer line, provided the owner pays the requisite connection charges. In addition, all owners of detached accessory dwelling units (whether or not connected directly to the City's water main or sewer line) must pay the City's required system development fee and the minimum monthly service charge.

Administration.

Illegal accessory dwelling units in detached structures are required to seek approval for the detached accessory dwelling unit through the conditional use permit, and the accessory dwelling unit must meet all requirements thereof.

Legal nonconforming accessory dwelling units may continue to exist as is.

Chickens.

Purpose. This chapter authorizes the keeping of chickens in the City of Lexington and prescribes the conditions for the keeping of such chickens within an urban residential environment. It also seeks to protect the residential integrity of the surrounding neighborhood and health and safety of the chickens.

Definitions. The following words and phrases, as used in this subsection, shall have the following meanings:

BIOSECURITY MEASURES

Actions, measures and conditions that promote sanitation and the prevention of disease related to the keeping and maintaining and handling of a chicken or chickens, including: the provision and periodic replacement of dry and clean litter for chicken litter; the disposal of chicken litter only in accordance with the provisions of this chapter and other applicable law and otherwise away from any place where chickens or other poultry and wild birds would have access; the provision and maintenance of clean coops and pens and related equipment, with regular, periodic complete cleaning and disinfection; the washing and disinfection of footwear and equipment that may enter pens and coops; and the washing and disinfection of hands and the change of clothing after any contact with a sick or diseased chicken, other poultry, animal or wildlife prior to contact with other chickens.

CHICKEN

Female domestic chicken kept pursuant to the provisions of this chapter.

CHICKEN LITTER

Any resulting mixture or combination of chicken excreta, manure, feed, feathers and material from the bedding for chickens.

COOP

The structure within a pen that houses chickens and is built and maintained with materials as impenetrable barriers so as to keep chickens confined and secure from other animals, providing space of not less than three square feet per chicken.

LITTER

Shavings and other materials to be used or used as chicken bedding.

PEN

An area of property enclosed at all times and on all sides, including the top, with a strong fence of mesh wire and other reliable materials as an impenetrable barrier so as to keep all chickens confined and secure from other animals, having space of not less than eight square feet per chicken.

POULTRY and FOWL

Any domesticated birds raised for food, either meat or eggs, feathers or show, including, but not limited to, all breeds of chickens, ducks, geese, swans, turkeys, guinea fowl and pigeons.

PROCESSING OF CHICKEN

Slaughtering, cutting, boning, canning, salting, stuffing, or rendering a chicken that was or is kept or maintained on property pursuant to the provisions of this chapter.

PROPERTY

An area of land, including any buildings and structures located thereon, in the City of Lexington, Virginia, and owned legally or equitably by a person, regardless of ownership titling of interests, or used under a lease or otherwise by a person(s) for the keeping of chickens.

ROOSTER

An adult male domestic chicken.

SANITARY CONDITIONS

Conditions at all times of keeping or maintaining or handling of a chicken or chickens and related activities on property in accordance with biosecurity measures and other sanitary-related provisions of this chapter.

SLAUGHTER

The act of killing a chicken or chickens.

General standards. Any person keeping chickens on property shall be permitted to use the property to do so as an accessory use to a single-family, two-family, or multifamily dwelling upon the following conditions:

No more than six chickens shall be allowed per property, regardless of the number of dwellings or the ownership interests or use arrangements.

Roosters are prohibited.

Chickens shall not be allowed to roam free and they shall be kept in a pen or coop at all times. It shall constitute a violation of this chapter for any person to allow or permit any chicken to roam at large within the City.

All coops and pens shall be deemed accessory structures and shall comply with the rear yard and side yard setback requirement as provided in the Lot Requirements Table in § 420-4.7.[1]

Editor's Note: The Lot Requirements Table is included as an attachment to this chapter.

All coops and pens shall be located in the rear yard only and in side yards that are not adjacent to a public road. Coops and pens may not be located in a floodplain.

All coops and pens must be kept in a sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors.

Offensive odors from chickens, manure, or other chicken-related substances shall not be detectable at any time at the property boundaries.

Biosecurity measures as to the pen, coop and chickens and the property shall be maintained at all times, in addition to compliance with all of the provisions and requirements of the Code of the City of Lexington and Virginia Code and regulation directives regarding care, shelter, sanitation, health, disease, insect and rodent control and as to cruelty, neglect, noise, reasonable control and other such requirements pertaining to, but not limited to, the adequate care and control of animals in the City.

Absent confinement and security and biosecurity measures being maintained at all times in accordance with the provisions of this chapter, one or more chickens may be removed by an animal control officer.

(j)

All feed or other material intended for consumption by a chicken shall be placed and maintained in containers impenetrable by mice, rats, rodents, or other animals, and such container shall be equipped and maintained at all times with tightly fitting caps or lids. The presence of mice, rats, rodents, or other animals on the property in or near an area used for the keeping of chickens shall be proof, without more, that such area is maintained in violation of this chapter.

(k)

If any chicken litter or waste is disposed of by use of the City refuse system, it must be double plastic-bagged, with at least 1.5 mil rating, and securely closed and deposited in a City-approved receptacle. In addition, any chicken(s) being disposed of shall also be so bagged and securely closed and deposited in a City-approved receptacle.

(l)

Storage or disposal of litter, waste, and chickens on public land or in or near a sewage, or within 20 feet of a stormwater collection system, facility or stream or pond, water detention facility, or water garden of any kind is strictly prohibited.

(m)

There shall be no slaughtering or processing of chickens outdoors.

(n)

The sale of chicken eggs on or from the property is prohibited.

(o)

No hen kept pursuant to the terms of this section shall be deemed a companion animal per § 3.2-6500 of the Code of Virginia.

(p)

All coops and pens located in an historic district must be reviewed and approved by the Architectural Review Board only in those circumstances where the coop and/or pen are or will be subject to public view from a public street, public way or public place.

Administration. The following pertains to the permit process for keeping chickens and, when necessary, the revocation of such permit:

It shall be unlawful for any persons to keep one or more chickens on property unless the person has been issued a permit for such by the Zoning Administrator. The application, which the Zoning Administrator is authorized to promulgate, must, at a minimum, identify the property by address and parcel ID; include a sketch showing the area where the chickens will be housed and all types and sizes of enclosures in which the chickens will be kept; and show all property dimensions and setbacks. Once a one-time zoning permit fee has been paid and the site and enclosures have been inspected and approved by the City's Zoning Administrator, and the application approved, a permit may be issued. No permit shall be issued to any person or as to any property as to which taxes, fees or other charges owed to the City have not been paid and are in arrears.

The permit applicant must be the owner of the property or must have and submit written consent of the owner of the property as part of the permit application to keep chickens on the property. Upon written notice of the property owner's withdrawal or cancellation or termination of such approval, the permit shall be revoked by the Zoning Administrator.

If the permit holder is convicted of any City or state code violation associated with the keeping of chickens, the permit shall be revoked.

In the event of the Zoning Administrator receiving and verifying three credible complaints of violation of any provision of this chapter and after notice given of such to the permit holder, the permit may be revoked.

Upon revocation of the permit, chickens must be removed within 30 days or be subject to removal. Any person(s) so having a permit revoked shall not be allowed, at any time, to make application for another permit for five years.

Upon a finding by the Zoning Administrator that there is warning or equivalent notice or advisory or guidance issued by federal or state authorities regarding a present or forecasted substantial threat of the potential transmission or spread of avian influenza or other poultry disease, no further permits shall be issued until such time that, by similar notice or advisory or guidance, the threat has been recognized by federal or state authorities as having been eliminated.

Existing use at the time of enactment. Notwithstanding the foregoing provisions of this chapter, a person whose use of property involves chickens being kept at the time of enactment of the provisions of this chapter shall have a period of 60 days from such date of enactment to comply with the requirements of this chapter.

Fee. The one-time fee for application for a permit to keep chickens shall be $25. If the use is discontinued by the applicant for a period of more than two years, a new permit process and a new permit fee will be required.

Cottage housing development.

Purpose and intent. The purpose of this subsection is to establish standards for cottage housing developments. The cottage housing development design standards contained in this article are intended to create a small community of cottages, for smaller households and of no more than three bedrooms, oriented around open space that is pedestrian-oriented and minimizes the visibility of off-street parking. The cottage housing development design standards are intended to ensure the inclusion of pedestrian amenities, maintain traditional cottage amenities and proportions, and ensure that cottage housing developments contribute to the overall community character. City Council may consider minor deviations to these design standards, provided the overall objectives of this article are met. Cottage housing allows higher residential density than is permitted in the underlying zoning district. This increased density is possible through the use of smaller than average dwelling unit sizes, clustered parking, and site design standards. The purposes of this subsection are as follows:

To increase the supply and variety of housing choices available in the City to better meet the needs of residents, especially those in smaller households.

To encourage development of attractive infill residential communities that are compatible with surrounding residential uses.

To enhance the aesthetic appeal of new cottage housing development by encouraging a variety of home sizes and heights, in an architecturally cohesive development.

To provide a cottage design that encourages community interaction through usable front porches while maintaining a resident's privacy within the home.

To encourage site design for the preservation of existing large native tree species in order to provide habitat for wildlife, protect biodiversity, and enhance the environmental quality of the development.

To provide a site design that fosters community interaction, a sense of safety, and connection to the environment by orienting cottages around accessible, usable, common open space while reducing the dominance of vehicles on the site.

To encourage connectivity to surrounding areas that enables neighborhood interaction, security, and a sense of community.

To enhance the aesthetic appeal of new cottage housing development by requiring the undergrounding of all utilities.

Density, Number of Cottage Housing Units and Minimum Lot Area.

In cottage housing developments, no cottage shall contain more than three bedrooms, and the permitted densities shall be as follows:

Zoning District	Maximum Cottage Density	Minimum Number of Cottages per Cottage Housing Development	Maximum Number of Cottages per Cottage Housing Development	Minimum Lot Size (accommodates 4 cottages)
R-1 cottages	1 cottage per 4,000 sf	4	12	16,000 sf
R-2 cottages	1 cottage per 7,500 sf	4	12	30,000 sf
R-LC cottages	1 cottage per 2,500 sf	4	12	16,000 sf
R-M cottages	1 cottage per 2,000 sf	4	18	16,000 sf

Existing nonconforming structures and accessory two-family dwelling units.

On a lot to be used for a cottage housing development, an existing detached single-family dwelling, which may be nonconforming with respect to the standards of this article, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be considered a cottage for the purpose of calculating the maximum permitted cottage density.

Nonconforming dwelling units may be modified to be more consistent with this article. However the building ground floor area or total floor area may not be increased greater than permitted by § 420-11.1C(7).

All residential units in a cottage housing development count towards the maximum permitted density. An existing accessory dwelling unit may be counted as a cottage unit if the property is developed subject to the provisions of this article. New accessory dwelling units are not permitted in cottage housing developments.

Building height. No building in the proposed development will exceed two stories nor be more than 25 feet in height.

Variations in building design.

Objective. Cottage housing development structures shall provide a variety of cottage designs and visual interest by using a combination of building elements, features and treatments in cottages as well as garages. Cottage housing developments are meant to be meaningfully integrated into the broader community, to create a common space for the cottage community, and to maintain private space for the residents of the cottage units. The street-facing facades of cottages in a cottage housing development will contribute to the neighborhood by including attractive design details such as windows, changes in materials, and views of front doors or porches. The main entries of some cottages will be visible from the adjacent streets to provide a visual pedestrian connection with the surrounding neighborhood. The following building design requirements must be met, at a minimum:

Street facing facades and those facing common or community areas shall not have blank walls and shall incorporate windows, which may include bay windows, and one or both of the following:

Changes in exterior material or paint color; and/or

Building modulation with a depth measuring at least one foot.

Roofs in cottage housing developments shall have eaves to efficiently shed rain and provide rain protection for exterior walls. Eaves of at least 12 inches shall be provided on all cottage structures on all sides of each building.

The cottage housing development should contribute to the neighborhood by including design details that provide a visual connection between the development and the immediate surrounding residential neighborhood.

Units and other buildings shall be oriented toward each other or a common area as far as reasonably practicable so as to create a sense of community within the cottage housing development.

Variation in design, material or colors between adjacent cottages is required to create distinct cottages within a development.

Transition in materials on a wall surface, such as shingle or lap siding, shall be required to have a material separation, such as a trim band board.

Staggered cottage orientations, window locations, landscaping, or other similar techniques should be used to support privacy.

Covered main entry porches.

Objective. All residences in cottage housing developments shall be provided with a covered main entry porch to create a private outdoor space protected from the weather and provide a transition from the interior private residential space to the semi-private outdoor space. Covered porches shall be usable both in design and dimension. The following porch requirements must be met, at a minimum:

Cottage homes shall have a covered main entry porch with a floor area measuring at least 60 square feet in size.

Porches may be screened, but shall not be enclosed by walls or glass windows.

The floor of the covered main entry porch shall have minimum dimensions of not less than six feet in any direction (length or width).

Cottage floor area.

Objective. Limiting the maximum square footage of residences in cottage housing developments is necessary to prevent overbuilding of the site and to not exceed available off-street parking. The following requirements must be met, at a minimum:

The maximum ground floor gross area for an individual principal structure in a cottage housing development shall be as follows:

For one-story units, the ground floor area may not exceed 900 square feet.

For one-and-a-half- or two-story units, the ground floor area may not exceed 750 square feet with an upper level of no more than 50% of the gross floor area of the main level (i.e., a maximum of 1,125 square feet).

The square footage of required porches shall not be included in the floor area calculation.

Yards; Building Setbacks from Exterior Lot Lines.

Minimum yard requirements. For cottages and community buildings (i.e., community guest houses, club houses, etc.): 20 feet from a public right-of-way, 10 feet from a side property line, 20 feet from a rear property line; provided, however, that where the cottage housing development site is adjacent to a residential zoning district, side yard setbacks for cottages or community buildings shall be increased from 10 to 15 feet to provide sufficient space for the landscape buffer.

	R-O-W	Side	Side Adjacent to Res. Zoning	Rear
Building setback	20'	10'	15'	20'

Building separation.

Building separation. Structures within cottage housing developments shall observe minimum setbacks from other cottage housing development structures to avoid overcrowding the site and to maintain a sense of privacy within the cottages themselves. The following building separation requirements must be met, at a minimum:

All buildings within a cottage housing development shall maintain a minimum separation of 10 feet from the other cottages, measured from the nearest point of the exterior walls.

Accessory buildings shall comply with building code requirements for separation from noncottage structures.

Common open space.

Objective. Open space that is commonly owned by all members of a cottage housing development is an important feature of any site design. It is intended that the open space be adequately sized and centrally located with individual cottage entrances oriented towards the open space. The following common open space requirements must be met:

Common open space. A minimum of 400 square feet per cottage unit of common open space is required. Parking areas, yard setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways do not qualify as common open space.

Proximity to common open space.

At least 50% of the cottage units shall abut a common open space. All of the cottage units shall be within 60 feet walking distance measured from the nearest entrance of the cottage along the shortest safe walking route to the nearest point of the common open space. The common open space shall have cottages abutting at least two sides.

For the purposes of cottage housing, "common open space" shall be the central space that may be used by all occupants of the cottage housing development.

Other amenities.

If the proposed development includes a guest house, club house or similar structure ("community building"), such community building shall be available for the common use of all residents within the development. Community buildings may include a meeting room, guest room (which shall not include kitchen facilities) for stays of 14 days or less, or kitchen facilities to facilitate social functions of the owners' association. A community building that is available to all residents shall not be counted as a dwelling unit and no guest staying there shall be a City resident by virtue of staying there.

The proposed development shall have sidewalks along all public streets adjacent to the development where sidewalks presently exist on the same side of the block or where safety considerations such as significant vehicular traffic or the need for safe pedestrian pathways to nearby public uses require them, such as schools, churches, parks, public transportation stops, and shopping; and a system of interior walkways that connects each cottage to the others and the parking area, and to the sidewalks abutting adjacent public streets, where applicable.

Private open space.

Objective. Each residential unit in a cottage housing development shall be provided an area of private open space. The private open space shall separate the main entrance to the cottage from the common open space to create a sense of privacy and a small but pleasant private yard area. If the private open space abuts the common open space it shall be separated from the common open space with a small hedge, picket fence, or other similar visual separation to create a sense of separate ownership. The following private open space requirements must be met, at a minimum:

Each cottage unit shall be provided with a minimum of 200 square feet of usable private open space directly contiguous to and accessed from each cottage.

No dimension of the private open space shall be less than eight feet.

Required porch areas may be counted as private open space.

Required perimeter landscaping shall not be counted as private open space.

Trees and vegetation.

Objective. Cottage housing developments should be designed to incorporate existing trees to the extent possible with an emphasis on native species. New trees and vegetation should be located to create amenities in the common open space and private open space, to provide shade where appropriate, to create separation between buildings when desired, and to screen and soften the perimeter of parking areas and street-facing sides of cottage housing developments. Native species of trees and plants are recommended.

Stormwater low-impact development techniques.

Objective. Cottage housing developments shall be designed to take advantage of open space and landscaped features to utilize stormwater low-impact development techniques including natural filtration and on-site infiltration of stormwater. The following low-impact techniques are recommended:

Low-impact development techniques for stormwater management should be used wherever possible. Such techniques may include the use of pervious pavers in parking areas and for walkways, directing roof drains and parking lot runoff to rain gardens, landscape beds, green or living roofs, and the use of rain barrels.

Cottages should be located so as to maximize natural stormwater functions.

Off-street parking.

Objective. Off-street parking space requirements for cottage housing developments shall be less than normally required for detached single-family residences. These reduced standards are based upon the cottages being smaller than average detached single-family homes and on average containing fewer occupants. Off-street parking shall be located and designed to be less visible from frontage streets than the cottages themselves. Off-street parking shall be designed to maintain a pedestrian character for the overall cottage housing development. Clustering parking to the side or rear of a cottage project will most often best accomplish these goals. However, on a site-specific basis, design solutions other than clustering may be found to meet this objective. Parking areas shall be attractively landscaped to screen parking from adjacent properties and street rights-of-way and shall meet applicable parking lot landscape standards.

Parking ratios.

Number of Bedrooms per Cottage or Nonconforming Dwelling Unit	Parking Spaces Required per Cottage or Nonconforming Dwelling Unit
Studio or one-bedroom unit	1.25 parking spaces
Two-bedroom unit	1.5 parking spaces
Three- or more bedroom unit or existing nonconforming single-family residence	2 parking spaces

Off-street parking location. Parking shall be located on the cottage housing development property. Off-street parking lots shall be located to the side or rear of the cottage housing development (see illustrations below). Parking lots shall not be located between the cottage housing development and the primary street frontage.

Off-street parking screening. Off-street parking may be located in or under a noncottage parking structure (such as a single- or multi-auto carport or garage), but such structures shall not be attached to individual cottages. Uncovered parking is also permitted, provided that off-street parking shall be screened from direct street view from one or more street facades by garage doors, or by a fence and landscaping.

Preferred locations for parking, in descending order of preference, are as follows:

[i]

To the rear of cottage housing units accessed by an alley.

[ii]

To the side of the cottage housing units accessed by a private driveway.

[iii]

Parking on the side (nonprimary street) screened from the side by either garage doors, landscaping, and/or fencing.

Parking lot landscaping. Parking lot landscaping shall comply with the requirements of § 420-14.7.

Garages. Parking provided in garages shall meet the following standards:

Garages shall meet location and parking access standards set forth in Subsection C(14)(a)[2] of this section.

Garage elevations visible from a public street shall be designed to minimize visual impact through the use of fencing, lattices, landscaping, or other screening methods.

Garages shall use materials and architectural design elements that are consistent with the architecture of the cottages.

[d]

Garages shall not be attached to cottages and shall be a minimum of eight feet from a cottage.

[e]

Up to four garages may be attached to one another.

Solid waste collection.

Objective. Similar to off-street parking, the staging area for the collection of solid waste shall be located and designed to be less visible from frontage streets than the cottages themselves. Staging areas for the collection of solid waste shall be attractively landscaped to screen solid waste collection areas from adjacent properties and the street rights-of-way. The following solid waste collection requirements must be met:

Solid waste bins or dumpster shall be placed along one side of the access drive, provided placement does not interfere with vehicular access and circulation.

Any conditional use permit application for a cottage housing development requires written confirmation from the Lexington Department of Public Works:

Confirming the location of the bins/dumpster is acceptable; and

Confirming any access drive is designed to minimum roadway standards.

The City prefers any cottage housing development utilize a dumpster for the collection of solid waste; however, bins may be permitted by the Department of Public Works for cottage housing developments containing fewer than half of the maximum number of cottages allowed.

Staging areas for the collection of solid waste shall not be placed in the front yard setback area (or along a street frontage).

Staging areas for the collection of solid waste shall be architecturally screened and/or screened with landscaping so as to mask their appearance to residents, adjacent properties, and the public right-of-way.

(16)

Mailboxes.

Objective. Cluster mailboxes or other appropriate mailboxes must be safely located so that customers are not required to travel an unreasonable distance to obtain their mail and so that there is sufficient access to mailbox locations with adequate space for carriers to deliver and customers to retrieve the mail.

Mailboxes in new cottage housing developments shall conform to the requirements of the United States Postal Service.

Any conditional use permit application for a cottage housing development requires written confirmation from the local Postmaster confirming:

The acceptability of the type of mailbox to be utilized (i.e., cluster box units or other appropriate mailboxes); and

The location of the mailboxes.

(17)

Fire-lane access and turnaround provisions.

Objective. Cottage housing developments shall be designed so as to allow for the safe and unobstructed access to individual dwellings by emergency responders (i.e., fire, rescue, police), for the purposes of protecting life, property and overall public safety.

Fire apparatus access roads shall be in accordance with the Virginia Statewide Fire Prevention Code, as amended.

(18)

Exterior lighting and noise minimization.

Objective. Cottage housing developments should be designed to minimize light and noise impacts both within the development and to adjacent properties. The following light and noise requirements must be met:

Where provided, exterior lighting shall be mounted as low as possible, pointed downward, and the light source shall be shielded from direct observation from above, adjacent properties, and public rights-of-way. Lighting "spillover" to adjacent properties shall be avoided. Additional exterior lighting requirements are provided in Article XV.

Mechanical and utility equipment for cottage housing developments shall be designed and appropriately screened to cause little or no visual and/or noise impacts within the development and to adjacent properties. Preferred locations are abutting alleys, access drives, within, or under buildings, underground, or other locations away from the public right-of-way. Equipment shall not intrude into required common open space or pedestrian pathways.

(19)

Fences and walls.

Front yard fences and walls located within the required minimum front yard setback shall be a maximum of three feet six inches high and shall be no more than 60% opaque.

Private open space fences. Fences delineating private open space are optional and shall be a maximum of three feet six inches high.

Materials. Fences and walls shall be constructed of wood, wrought iron, brick, stone, or other high quality material. All chain link, electric, razor wire, and barbed wire fences, and other similar types of security fences, are prohibited.

(20)

Ownership and residential use of cottages.

All cottage housing developments shall be developed as residential condominiums, pursuant to the provisions found in Title 55.1, Chapter 19 et seq., of the Code of Virginia (1950), known commonly as the "Virginia Condominium Act." Appropriate documentation of formal legal ownership of the development shall be recorded with the Commonwealth of Virginia, the Rockbridge Circuit Court Clerk, and the Commissioner of Revenue's office with the City of Lexington.

Cottages are for residential use only and may not be operated as short term rental accommodations.

Dish antennas. Additional standards in all residential districts:

Communication antennas, commonly called "dish" antennas, which do not comply with the restrictions listed below may be allowed with conditional use permits, subject to the applicant's ability to satisfactorily mitigate negative aesthetic impacts on adjoining properties. Dish antennas shall be permitted in all districts but shall be limited to one exterior antenna per parcel except with conditional use permit.

Ground-mounted antennas shall be limited to the rear yard, and, in the case of a corner lot, no antenna shall be nearer than 25 feet to the side street adjacent to the property.

No ground-mounted antenna shall exceed the main building in height.

Roof-mounted antennas, when designated for that purpose, shall be permitted, except that a roof-mounted antenna shall not be more than 48 inches in diameter and shall not be visible from any street.

Antennas shall be permanently and securely installed.

Dwellings. Additional standards in the C-1 District:

Dwelling units shall be allowed by-right on the second floor or any higher floor.

Dwelling units occupying the first floor of any structure shall only be allowed with a conditional use permit.

First-floor residential units should not be visible from a public street.

If the building fronts on a public street, the residential portion of the first floor shall be required to be shielded by office or retail space or a lobby that maintains a commercial appearance.

Family health care structures, temporary. Temporary family health care structures shall be subject to the following standards:

Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.

Only one family health care structure shall be allowed on a lot or parcel of land.

The structure shall be no more than 300 gross square feet and shall comply with all applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

Prior to installing a temporary family health care structure, a permit must be obtained from the City and associated fees paid.

Any family health care structure shall comply with all applicable requirements of the Virginia Department of Health.

No signage advertising or promoting the existence of the structure shall be permitted on the exterior of the structure or anywhere on the property.

Any temporary family health care structure shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired family member receiving services or assistance.

The City may revoke the permit if the permit holder violates any provision of this section.

Townhouses.

No more than eight townhouses shall be constructed contiguously.

The facades of individual townhouses within any contiguous row of townhouses shall be sufficiently varied in their materials, design, or appearance as to visually distinguish them as individual dwelling units.

Any townhouse shall front on, or be accessed by, a public street.

Any provided open space shall be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

§ 420-11.2 Civic uses.

Cemeteries.

The approval of a cemetery shall include the following uses without further zoning approval required: all uses necessarily or customarily associated with interment of human remains, benches, ledges, walls, graves, roads, paths, landscaping, and soil storage consistent with federal, state, and local laws on erosion and sediment control.

Mausoleums, columbaria, chapels, administrative offices, and maintenance storage areas that are shown in the applicant's plan of development shall not require additional local legislative approval provided such structures and uses are developed in accordance with the original plan of development. This subsection shall not supersede any permission adopted pursuant to State Code § 15.2-2306.

Public maintenance and service facility.

The outside storage for supplies, materials, or heavy equipment must be located in the rear yard and screened from any nonindustrial zoned parcels or rights-of-way in accordance with the landscape section of this chapter.

Outside storage areas shall not exceed 35% of the total area of the site.

Recreation facility, public.

General standards. Any outdoor activity area, swimming pool, ball field, or court which adjoins a residential use type shall include screening and buffering in accordance with the landscape section of this chapter.

Where nighttime lighting is proposed, it shall be fully shielded and large evergreen trees shall be required to appropriately screen any adjoining residences. Any such night-time lighting shall be constructed in accordance with the lighting standards set forth in this chapter.

§ 420-11.3 Commercial uses.

[Amended 3-15-2018 by Ord. No. 2018-05; 3-15-2018 by Ord. No. 2018-06; 7-19-2018 by Ord. No. 2018-12; 3-21-2019 by Ord. No. 2019-04; 7-1-2021 by Ord. No. 2021-05; 8-15-2024 by Ord. No. 2024-06; 8-7-2025 by Ord. No. 2025-04]

Automobile repair service. All automobile repair services shall meet the following minimum standards:

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard.

No exterior display or storage of new or used automobile parts is permitted.

There shall be no storage of motor vehicles in landscaped areas or within 10 feet of the public road right-of-way.

The use shall be designed to ensure proper functioning of the site in regards to vehicle stacking, circulation, and turning movements.

Bed-and-breakfast. Bed-and-breakfasts shall be subject to the following minimum standards:

The operator shall hold a valid business license from the City and, where applicable, a permit from the Department of Health.

A registration book must be maintained for one year and be made available for review by the City upon request.

Every room occupied for sleeping purposes shall comply with Uniform Statewide Building Code.

Signage must comply with Article XIII of this chapter.

No changes shall be made to the building exterior that would detract from its appearance as a family dwelling.

Off-street parking shall be provided in compliance with Article XII of this chapter. The physical and aesthetic impact of required off-street parking shall not be detrimental to the existing character of the house and lot or to the surrounding neighborhood.

Bed-and-breakfasts shall only be permitted in existing structures and may not increase the size of the structure, including accessory structures, by more than 25% of the original square footage. Any additions or modifications shall be residential in appearance and compatible with the original structure and surrounding structures and the overall footprint of the structure, and parking shall not be excessive for the size and shape of the lot.

Landscaping, buffers and/or fences shall be in compliance with Article XIV of this chapter.

Bed-and-breakfasts are to be integrated into the residential fabric of the neighborhood in which they are located. A proposed bed-and-breakfast should not affect the integrity or character of the single-family residential neighborhood for which it is proposed.

Off-street parking shall be screened from surrounding family residences by landscaping or fencing which is compatible with the neighborhood.

Existing structures and landscaping determined to contribute to the character of the neighborhood shall not be removed.

Guest rooms shall not have cooking facilities.

The maximum stay for a guest shall be 14 days.

Bed-and-breakfast establishments are permitted solely to provide lodging and breakfast accommodations. Additional activities, including receptions, parties and other events, are not permitted unless specifically authorized by the conditional use permit. Authorization for additional activities will be based on the suitability of the house and property for hosting such events. Specific consideration will be given to the floor plan of the house, the proximity of the house to neighboring houses, the size of the lot, provisions to buffer the effects of such activities from adjacent property and the ability to provide parking for such events.

Whenever there are guests on the property, the owner of a bed-and-breakfast establishment must reside on the property, or alternatively, the owner(s) may live on an immediately adjacent parcel.

(16)

In R-1, bed-and-breakfasts may only be located along Main, Washington, and Nelson Streets by CUP.

(17)

In R-2, bed-and-breakfasts may only be located along South Main Street by CUP.

Car wash. All car washes shall comply with the following general standards:

Car washes shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

Car washes shall be constructed in a design similar to the building character of the surrounding area.

Parking shall be located behind the front line of the principal building.

Any use that has a car wash shall treat the car wash as a primary use.

No sales, repair, or outside storage of motor vehicles shall be conducted on the site.

Commercial outdoor sports and recreation.

Commercial outdoor sports and recreation areas shall include screening and buffering in accordance with the landscape section of this chapter.

Where nighttime lighting is proposed, it shall be fully shielded and large evergreen trees shall be required to appropriately screen adjoining residences.

Construction sales and service. Construction sales and services shall be subject to the following general standards:

Outdoor storage and/or display of goods, supplies, materials, or heavy equipment shall be located to the rear of the principal building.

Outside storage areas shall not exceed 25% of the total site area.

Day-care center. The following general standards shall be applicable to day-care centers:

All day-care centers shall comply with any and all requirements of City and state codes, including, but not limited to, obtaining a zoning permit, maintenance of a City business license, and maintain a state license in accordance with the state code, as applicable.

Minimum lot size: 0.5 acre, except in C-1.

Parking, except in C-1. Designated arrival and departure zones shall be located adjacent to the day-care center in such a manner that children to not have to cross vehicle traffic aisles to enter or exit the center. Arrival and departure area shall include at least one parking/stacking space per 10 children.

Outdoor recreation areas shall be safely separated from all parking, loading, and service areas.

Fencing. A fence a minimum of four feet in height shall completely enclose the outdoor recreation area so that children are safely contained.

Drive-through facilities. The following general standards shall apply to all drive-through facilities:

All drive-through entrances must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

Drive-through facilities shall be located and designed so that vehicular circulation does not conflict with traffic movements in adjacent streets, service drives, and/or parking areas.

Off-street stacking spaces shall be provided in accordance with the following requirements:

Stacking spaces shall not interfere with travelway traffic or designated parking spaces.

Stacking spaces shall be at a minimum of 18 feet in length.

Stacking spaces shall be located to the side or rear of the principle structure and shall not be adjacent to any street right-of-way.

Off-street stacking spaces shall be provided in accordance with the following table:

Stacking Space Requirements
Type of Activity	Required Number of Stacking Spaces	Start Point for Stacking Spaces
Financial institutions: automated teller machine	3	Teller machine
Financial institutions: bank teller lane	3	Teller window/tube
Professional personal service: dry-cleaning/laundry	3	Cleaner/laundry window
Retail sales: pharmacy	3	Pharmacy window
Restaurant	6	Order box/speaker
	4*	Pick-up window
Other	To be determined by City. Such determination shall consider any study prepared by an engineer or other qualified design professional.

NOTES:
*	These spaces are required in addition to the stacking spaces required to be located behind the order box/speaker and shall be located between the pickup window and the order box/speaker.

Entertainment establishment, adult (sexually oriented business).

Purpose. It is a purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The requirements of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in numerous legal cases, the City Council finds:

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, declining property value, urban blight, litter, and sexual assault and exploitation.

Sexually oriented businesses should be separated from sensitive land uses, including schools, churches, parks, libraries, public recreation areas, and residential areas, to minimize the impact of their secondary effects upon such uses and should be separated from other sexually oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

Each of the foregoing negative secondary effects constitutes a harm, which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.

Therefore, the following general standards shall apply to all adult entertainment establishments:

Distances specified in this section shall be measured from the property line of one use to the property line of the other. The distance between an adult entertainment establishment and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

An adult entertainment establishment shall be located at least 500 feet from any religious assembly, education facility, public recreational facility, day-care center, public assembly, cultural services, home for adults, life care facility, or residential zoning district in existence on the date on which the establishment obtains its zoning permit.

Any protected use listed in Subsection I(3)(b) of this section may begin operation within 500 feet of a sexually oriented business only if the owner of the protected use, in addition to any other requirements of this Code, gives the City a written statement that it acknowledges the presence of the sexually oriented business(es) and voluntarily waives the protection of Subsection I(3)(b) of this section as to the sexually oriented business(es) for as long as the sexually oriented business(es) or any successor thereto remains. This written statement does not waive the protection of this section as to any sexually oriented business established or relocated after the written statement. If a sexually oriented business is discontinued for a period of two years or more, then it must comply with the setback requirements of this section regardless of any such written statements by protected uses.

No adult entertainment establishment shall be located within 1,000 feet of any adult store or other adult establishment.

No adult entertainment establishment shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent.

Exterior lighting shall be installed in accordance with Article XV of this chapter to illuminate the parking area, walkways, and all entrances to the establishment.

Hours of operation shall not extend after 1:00 a.m.

Financial institutions. Financial institutions shall comply with the following general standards:

Exterior lighting shall be compatible with the surrounding neighborhood.

Entrances to the site shall be minimized and located in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

Loading areas shall be located as to minimize the impact on the surrounding neighborhood.

Funeral home. All funeral homes shall be subject to the following general standards:

The funeral home shall have a buffer between it and any residentially zoned property abutting or directly across the street from the funeral home use in accordance with the landscape section of this chapter.

Home occupations. All home occupations shall be subject to the following general standards:

No signs shall be permitted.

The area devoted to home occupation(s) shall not exceed 25% of the gross floor area of the dwelling unit.

There shall be no outdoor storage of home occupation related items.

Use shall be conducted as an accessory use and shall not change the character of the dwelling unit nor have any exterior evidence of its use.

No merchandise shall be sold on the premises.

The type and volume of traffic generated by a home occupation shall be consistent with the traffic generation characteristics of other dwellings in the area.

The home occupation shall not increase the demand on water, sewer, or garbage collection services to the extent that its use combined with the residential use of the dwelling shall not be significantly higher than is normal for residential uses.

The equipment used by the home-based business and the operation of the business shall not create any noise, vibration, heat, glare, dust, odor or smoke discernible at the property lines or use or store hazardous materials in excess of quantities permitted in residential structures.

The operator of a home occupation use shall secure a City business license, and obtain a home occupation use permit.

Approval of a home occupation use shall be revocable at any time by the City because of the failure of the owner or operator of the use covered by the approval to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions imposed in connection with the approval.

Approval of a home occupation use shall stand revoked, without any action by the City, if the use authorized has been intentionally abandoned, has ceased for a period of one year, has not commenced within one year of approval, or does not have a current business license.

Hotel. Additional standards in the C-1 District:

Parking shall be located behind the front line of the principal building.

No guest rooms shall be located on the first floor.

The structure shall match the scale and mass of the surrounding structures as determined by the Zoning Administrator.

Mini-warehouse.

All storage for mini-warehouse storage facilities shall be within a completely enclosed building and the outdoor accessory storage of motor vehicles, trailers, and recreational equipment, etc., on the same site is prohibited.

The following uses shall be prohibited:

Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The storage of flammable, highly combustible, or other hazardous materials.

The owner shall post readily visible contact information, including but not limited to name and phone number, on site for appropriate personnel to be reached in case of emergency.

Tenant identification signs and advertising signs are prohibited.

Accommodations for a live-in manager shall be permitted.

The mini-warehouse storage facility shall be a multistory structure designed to emulate multifamily or office buildings; single-story facilities are prohibited.

Consideration should be given to incorporating faux windows in the street-facing facades of the upper level storage areas to give the appearance of office space or multifamily units; provided, however, that other appropriate design techniques may also be proposed and considered.

All access to individual storage units shall be from internal corridors.

Access to all buildings shall be monitored by electronic security and/or facility staff at all times.

Loading docks and areas shall be from the rear or side of the building but not facing any residentially or Parks and Open Space (P-OS) zoned property, or any public street.

Building shall have massing compatible with the scale and intensity of surrounding developments and consist of the following elements:

Buildings shall be oriented to the street, with a functional primary entrance on their facades.

Blank or mirrored building facades are not allowed.

Facades should appear to have between 30% and 70% transparency.

Facade design facing public rights-of-way shall vary along the street block, as opposed to presenting a single face for the block along all or great extents of the street. Articulation shall occur at least every 1/3 of the length of any building facade.

Integrate rooflines and articulate prominent roof tops. The tops of flat-roofed buildings shall be visually articulated, with projections providing visual interest and shadow lines.

Primary materials shall include, but are not limited to:

Brick or brick masonry veneer.

Stone.

Integral colored textured concrete block.

Fiber cement panel siding.

Office, medical. The following general standards shall apply to all medical offices:

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood.

Outdoor display. Areas associated with retail uses shall be subject to the following standards:

Shall be limited to a maximum of 5% of the total lot area.

Shall not be located in front of (i.e., on the street side of) or on top of the building.

All surfaces will be graded and drained as to dispose of all surface water accumulated within the area to a public storm drain or on-site detention at the approval of the City Engineer.

Asphalt or concrete walkways or aisles shall be provided to permit all-weather customer access to all areas of the outdoor display.

Shall be screened with an opaque fence or wall, and shall not be visible from any public street or adjacent parcel.

Walls or fences shall not be less than six feet in height, nor exceed eight feet in height.

No sales display may exceed the height of the screening wall or fence.

Pawn shop. The following general standard shall apply to all pawn shops:

No outdoor display of goods or storage shall be permitted.

Restaurant, drive-in. The following general standards shall apply to all drive-in restaurants:

Stacking spaces shall not interfere with the travelway traffic or designated parking spaces.

Stacking spaces shall be located to the side or rear of the principle structure and shall not be adjacent to any street right-of-way.

Six stacking spaces shall be located behind the order speaker and four stacking spaces shall be located between the order speaker and the pickup window.

Extended awnings, canopies, or umbrellas are permitted.

Restaurant, mobile. The following additional requirements apply to sales from a mobile restaurant operating on private property or within public spaces or rights-of-way, except when operating in conjunction with temporary, special events permitted under applicable sections of the City Code:

Mobile restaurants must obtain a City mobile restaurant permit, and must be inspected and approved by the City at least three business days prior to initial operation and again prior to annual business license renewal.

Mobile restaurants must maintain a valid business license issued by the City of Lexington and a valid health permit issued by the Virginia Department of Health.

A mobile restaurant may operate:

On public, commercially zoned property;

Private, commercially zoned property with written permission from the owner; or

In Jordan's Point Park, Richardson Park or Brewbaker Field Sports Complex with a written agreement with the City of Lexington.

No items shall be sold other than food and beverages.

No music shall be played that is audible outside of the vehicle.

Mobile restaurant vehicles must park in locations or areas as approved in the City mobile restaurant permit, and shall not block the main entry drive aisles or impact pedestrian or vehicular circulation overall, other access to loading areas, or emergency access and fire lanes. The mobile restaurant must also be positioned at least 15 feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.

A mobile restaurant may operate for a maximum of six hours between 9:00 a.m. and 9:00 p.m. Sunday to Thursday and between 9:00 a.m. to 11:00 p.m. Friday and Saturday (including set-up and break-down) in any one day at any single location. The vehicle and all accessory structures shall be removed each day.

No signs may be displayed except:

Those permanently affixed to the vehicle; and

One, a framed sign not to exceed four feet in height and six square feet of display for each of the two sides and the sign cannot block any passageways.

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by the use shall be properly disposed of off-site by the mobile restaurant operator.

No liquid wastes shall be discharged from the mobile restaurant.

No mobile restaurant shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the mobile restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided.

No mobile restaurant shall locate within 100 feet of a single-family or two-family residential use.

Vehicles may be otherwise limited by the City depending on the location or other details of the mobile restaurant permit application.

A mobile restaurant may operate at any farmer's market held on public or private property, if the food truck vendor is legally parked at the farmer's market and has received written permission from the farmer's market manager and displays such written permission upon request.

The operation of the mobile restaurant or use of a generator should not be loud enough to be plainly audible at a distance of 100 feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the mobile restaurant vendor change location on the site or move to another property.

(16)

The requirements of this section shall not apply to mobile restaurant vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).

(17)

A mobile restaurant permit may be revoked by the Zoning Administrator at any time, due to the failure of the property owner or operator of the mobile restaurant permit to observe all requirements for the operation of mobile restaurants. Notice of revocation shall be made, in writing, to the address of record for the mobile restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.

Retail. The following general standards shall apply to all retail uses:

No outdoor display of goods shall be permitted except during City-authorized special events.

Shooting range, indoor.

Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, parking and appearance. Dropoff areas may be located in the front yard, but shall maintain a residential character and appearance.

Exterior lighting shall be compatible with the surrounding neighborhood.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

Shopping center. The following general standards shall apply to all shopping centers:

Entrances to the site shall be minimized and located in such a way as to maximize safety, maintain efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

The scale, massing, and building design shall be compatible with surrounding developments. The structures shall be street-oriented with pedestrian entrances from the street.

No outdoor display of goods shall be permitted.

Short-term residential rental. All short-term residential rental businesses shall comply with the following general standards:

PRIMARY RESIDENT (or HOST)

Definitions. As used in this subsection, unless the context requires a different meaning, the following terms shall have the meanings indicated:

BOOKING TRANSACTION

Any transaction in which there is a charge to a transient by a host for the occupancy of any dwelling, sleeping, or lodging accommodations, and only one booking transaction is permitted per property, per nightly rental of a short term rental operation.

GUEST or TRANSIENT

A person who occupies a short-term rental unit.

The owner of the short-term rental unit, or lessee of the short-term rental unit with a lease agreement that is one year or greater in length, who occupies the property as his or her principal place of residence and domicile. In determining compliance with these regulations, the host has the burden of demonstrating that the dwelling unit is his or her primary residence.

RESIDENTIAL DWELLING UNIT

A residence where one or more persons maintain a household.

SHORT-TERM RESIDENTIAL RENTAL

A residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 30 consecutive nights. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

TYPE A RENTALS

Rentals where the host is present during the short-term rental and no more than two bedrooms of the short-term rental unit are rented.

TYPE B RENTALS

All other rentals, including ones where more than two bedrooms of the short-term rental unit are rented or the host is not present during the short-term rental.

Registration and other requirements.

No host shall operate a shortterm rental business without the host first having registered with the Department of Planning and Development in accordance with § 15.2-983 of the Code of Virginia.

The Planning and Development Department will report all registrations to the Commissioner of Revenue for the collection of the transient lodging tax as set forth in Chapter 366, Article III of the City Code.

The registration form shall include the following information:

The name, telephone number, address, and email address of the host.

A reminder about the importance of having appropriate levels of insurance that covers the homestay unit, the host and the guests.

The registration shall be valid January 1 (or from whatever date the registration first occurs) through December 31 of the calendar year, and shall be renewed annually.

A host may only obtain a registration and operate one residential dwelling unit in all of the residential zoning districts (R-1, R-2 and R-M) citywide as a short-term rental.

Any short-term rental business in violation of zoning regulations, including operation without a license, are subject to all relevant penalties as set forth by the City.

A valid registration will permit a maximum 104 nights of type A and type B rentals in each calendar year for a 45-nights-or-less rental business located in the R-1, R-2, and R-M residential zoning districts. Of these 104 nights of rentals, no more than 45 nights may be type B rentals. In the required log book, the number of type A and type B rentals shall be listed for all booking transactions. A 45-nights-or-less rental business located in a commercial zoning district (C-1 and C-2) or in the Residential-Light Commercial Zoning District (R-LC), where such businesses are permitted, is not limited by the requirements of this subsection.

In all residential zoning districts, the dwelling unit used for short-term rentals must be the host's primary residence, which means that he or she resides there for at least 185 days during each year.

Off-street parking may upon the recommendation of the Planning Commission and made part of a conditional use permit by the City Council not be required or may be reduced in number for short-term rentals located in the R-1, R-2, R-M, and R-LC Zoning Districts, provided:

The required off-street parking is provided in a remote parking lot which is within 500 feet measured along lines of public access from the principal use. A remote parking lot to satisfy this requirement for short-term rentals shall be owned by the owner of the principal structure or, in the alternative, shall be restricted by a recorded agreement to off-street parking purposes during the lifetime of the principal structure or as long as off-street parking is required for such principal structure in accordance with the terms of this article; or

Located in a residential historic district where a streetscape would be marred by off-street parking and there is support from adjacent property owners showing agreement to reduce or delete the requirement for off-street parking; or

Public parking is provided within 500 feet of the principal use and can reasonably provide the required off-street parking.

(j)

A host is permitted a maximum 104 nights of type A and type B rentals in each calendar year for a short-term rental business located in the R-1, R-2, and R-M residential zoning districts. Of these 104 nights of rentals, no more than 45 nights may be type B rentals. In the required log book, the number of type A and type B rentals shall be listed for all booking transactions. A short-term rental business located in a commercial zoning district (C-1 and C-2) or in the Residential-Light Commercial Zoning District (R-LC), where such businesses are permitted, is not limited by the requirements of this subsection.

(k)

The owner of a short-term rental unit located in a Commercial zoning district (C-1 and C-2) or in the Residential Light Commercial zoning district (R-LC), where such businesses are permitted, is not required to meet the primary resident requirement.

Safety.

The City may inspect any short-term rental once per year for compliance with applicable building codes.

The unit shall meet all applicable sections of the life safety requirements in the building code.

Site address. The building (dwelling) will have an approved address placed in a position that is plainly legible and visible from the street fronting the property. These numbers shall contrast with their background. Address shall be Arabic numbers or alphabetical letters. Numbers shall be minimum of four inches high with a minimum stroke of 0.5 inches or as otherwise approved by the fire code official. Structures obscured from street view or access roads in excess of 150 feet in length shall additionally post the numerical address at the roadway entrance.

Use regulations.

No recreational vehicles, buses, or trailers shall be parked on the adjoining street or visible on the property in conjunction with the short-term rental use.

The dates for trash and recycling collection shall be posted prominently in the short-term rental unit.

During each stay at the short-term rental unit, a principal guest shall be designated as the contact person for City officials in the event of safety or behavioral issues at the unit. The host shall provide this information upon request to authorized City officials.

The host shall not permit occupancy of a short-term rental unit for a period of less than overnight.

The name and telephone number of the host or the host's designee shall be conspicuously posted within the short-term rental unit. The host shall answer calls 24 hours a day, seven days a week for the duration of each short-term rental to address any problems associated with the short-term rental unit.

The principal guest of a short-term rental unit shall be at least 18 years of age.

The maximum number of adult guests in a short-term rental unit is limited to two adults per bedroom.

Registration suspension or cancellation.

A short-term rental registration may be suspended or cancelled for the following reasons:

Failure to collect and/or remit the transient occupancy tax.

Three or more substantiated complaints (including, but not limited to, parking on grass, noise, excess trash) within a twelve-month period.

The failure of any short-term rental host to maintain his or her principal place of residence or domicile at the dwelling unit (as required in the residential zoning districts) used as a limited residential lodging.

Before any suspension or cancellation can be effective, the Zoning Administrator shall give written notice to the short-term rental host. The notice of suspension or cancellation issued under the provisions of this chapter shall contain:

A description of the violation(s) constituting the basis of the suspension or cancellation;

If applicable, a statement of acts necessary to correct the violation; and

A statement that if no written response by the host is received by the Planning Department within 30 days from the date of the notice, the registration will be suspended or cancelled.

The notice shall be given to the host by delivering a copy of the notice in person. If the host cannot be found, such notice shall be sent to the address of record by:

Certified mail or e-mail to the addresses in the registration form; and

A copy of the notice shall be posted in a conspicuous place on the premises.

A copy of the notice will be provided to the Commissioner of Revenue to advise the registration may be revoked.

Any determination made by the Zoning Administrator may be appealed to the Board of Zoning Appeals in accordance with Article XIX.

Penalty.

It shall be unlawful to operate a short-term rental:

Without obtaining a registration as required by this subsection;

After a registration has been suspended or cancelled; or

In violation of any other requirement of this subsection.

The penalty shall be a fine of $500 per occurrence in accordance with § 15.2-983 of the Code of Virginia for an operator required to register who offers for short-term rental a property that is not registered.

Exemptions.

Sunset provision.

Any residential dwelling unit which, at the time of adoption of this chapter, is being operated as a short-term rental business and is properly licensed by the Commissioner of Revenue of the City shall not be subject to the provisions of this section "short-term rental" set forth below until December 31, 2018.

The limitations on the number of rentals per year set forth in Subsection C(2)(g) of this section; however, the log book requirements of the paragraph shall still apply;

The requirement of off-street parking set forth in Subsection C(2)(i) of this section;

The limitation on the total number of guests set forth in Subsection C(4)(g) of this section;

All other provisions of this section not listed above shall apply to all residential dwelling units. Beginning in calendar year 2019, this sunset provision [Subsection C(7)(a)] shall terminate, and the provisions of this chapter shall apply uniformly, without regard to operation prior to the adoption of this chapter. This Subsection C(7)(a) shall not be construed to allow a short-term rental business to operate at any time without a license from the City; this Subsection C(7)(a) shall not apply to residential dwelling units which are not the primary residence of the host as set forth in Subsection C(2)(h) of this section.

The provisions of this section, and the requirements described herein, shall not apply to a residential unit participating in a charitable fund-raising effort wherein a residential dwelling unit is occupied by transient guests who, in return for their stay, donate directly to a charity. In order for a residential dwelling unit to receive this exemption, the charitable qualifying event is:

Conducted by a recognized 501(c) organization that is based in the community or has a chapter or affiliate based in the community;

The qualifying event is part of a local community-wide campaign; and

Payment is made from the guest directly to the recognized nonprofit organization. A residential dwelling unit may claim this exemption once per calendar year for a single charitable event with the related charitable rental lasting no more than three consecutive nights.

Store, adult. The following general standards shall apply to all adult stores:

Distances specified in this section shall be measured from the property line of one use to the property line of the other. The distance between an adult store and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residential zoning district.

An adult store shall be located at least 500 feet from any religious assembly, education facility, public recreational facility, day-care center, public assembly, cultural services, home for adults, life care facility, or residential zoning district in existence on the date on which the store obtains its zoning permit.

No adult store shall be located within 1,000 feet of any adult store or other adult establishment.

No adult store shall display adult media, depictions of specified sexual activities or specified anatomical areas in its window, or in a manner visible from the street, highway, or public sidewalk, or the property of others. Window areas shall remain transparent.

Store, grocery.

All grocery stores shall be subject to the following general standards:

Entrances to the site shall be minimized and located in such a way as to maximize safety, ensure efficient traffic circulation and minimize the impact upon the surrounding neighborhood.

Additional standards for the C-1 District:

Parking shall be located behind the front line of the principal building.

Any new buildings shall be street-oriented with pedestrian entrances from the street and compatible with the surrounding development.

Lighting shall be consistent with the surrounding neighborhood.

Store, liquor. The following general standards shall apply to all liquor stores:

A proposed liquor store shall not be located within 500 feet of an existing liquor store. This distance shall be measured from the property line of one business to the property line of the other.

Parking shall be located behind the front line of the principal building.

Exterior lighting shall be compatible with the surrounding neighborhood.

Entrances to the site should be minimized and placed in such a way as to maximize safety, maximize efficient traffic circulation, and minimize the impact on any surrounding residential neighborhood.

The scale, massing, and building design shall be compatible with the surrounding neighborhood.

Vehicle fueling station. Vehicle fueling stations shall be subject to the following general standards:

Applicants shall demonstrate that the use will be compatible with the neighborhood with regards to traffic circulation, parking, and appearance and size of structures.

Entrances to the site shall be minimized and located in a manner promoting safe and efficient traffic circulating while minimizing the impact on the surrounding neighborhood.

Any canopy over the fuel pumps shall have the same roof shape and exterior materials as the primary structure.

Dumpsters shall be located so as to minimize the view from off-site areas and shall be fully screened by a wall constructed of the same material and color as the principal structure.

The Zoning Administrator may require a traffic analysis to be provided by the applicant. Such analysis may include, but not be limited to, the proposed traffic flows, sight visibility for emerging vehicles, and other public safety factors.

AA.

Wholesale sales.

Loading areas shall be sited in such a way so as to minimize the impact on any surrounding neighborhood.

Parking shall be located behind the front line of the principal building.

§ 420-11.4 Industrial uses.

Industrial, light.

The use, storage, and disposal of hazardous materials shall meet all applicable federal, state, and local codes.

Accessory outdoor storage up to 10% of the building area may be permitted. Outdoor storage shall be located to the rear of the principal building.

§ 420-11.5 Miscellaneous uses.

Parking facility. The following general standards shall apply to all parking facilities:

No motor vehicle work shall be permitted in association with a parking facility except under emergency service work.

Parking shall be the principal use of all parking facilities. Spaces may be rented for parking but no other business of any kind shall be conducted in the structure except City-sanctioned farmers' markets.

Portable buildings.

Portable buildings, except those specifically exempted below, may be located on a lot only upon the issuance of a conditional use permit, in accordance with § 420-1.11. Where a lot is used for retail, commercial or industrial purposes, one or more such buildings may be located on a lot. Portable buildings must be used as a subordinate building, the use of which is incidental to and used only in conjunction with the main building's use. Such buildings must conform to the yard requirements for the zoning district in which they are located. The placement of such a building shall require an entrance corridor certificate of appropriateness if it is to be located in an Entrance Corridor Overlay District and a certificate of appropriateness if it is to be located in the Historic Downtown Preservation District. Such a building is for temporary use only and must be replaced with a permanent building or removed within two years. One extension may be requested and approved for not more than one additional year.

Exemptions:

In all residential districts, portable buildings may be used as accessory structures, the use of which is incidental to and used only in conjunction with the primary structure.

Contractor's temporary office and storage sheds incidental to a construction project. Such buildings shall be placed on the construction site only after a building permit has been issued for on-site construction work. When such construction work is completed or abandoned, or when the building permit expires or is revoked, such offices or sheds shall be removed.

Temporary restroom facilities.

Bond required. A cash or other bond may be required to cover the cost of removal and disposal of a temporary building when the conditional use permit expires.

Communication tower.

[Amended 12-1-2022 by Ord. No. 2022-14]

Definitions and scope. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

BASE STATION

A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

CO-LOCATE

To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. For purposes of this subsection, "co-location" shall have the same meaning.

COMMUNICATION TOWER

A tower or antenna which supports communication (broadcasting and/or receiving) equipment utilized by commercial, government or other corporate, public and quasi-public users. Towers include radio, television, cellular telephone, personal communication services (PCS), microwave, internet, and other similar communications facilities, satellite earth station and building-supported antennas. The towers may be self-supporting or guy-supported. The regulations set out below do not apply to the following: i) amateur radio communications antennas under 75 feet in height owned and operated by a federally licensed amateur radio station operator; ii) antennas and dishes limited exclusively to home use; and iii) towers owned by the City. All communication towers shall be classified as an administrative-review-eligible or standard process project, as defined below.

"Project" means i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure or ii) the co-location on any existing structure of a wireless facility that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless service provider or wireless infrastructure provider on an existing structure to which the provisions of § 420-11.5C(4)(c) of this section apply.

"Administrative-review-eligible project" means a project that provides for:

The installation or construction of a new wireless support structure, as defined below, that is no more than 50 feet above ground level, provided that the structure with attached wireless facilities is i) not more than 10 feet above the tallest existing utility pole located within 500 feet of the new structure within the same public right-of-way or within the existing line of utility poles; ii) not located within the boundaries of a local, state, or federal historic district; iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than 35% of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and iv) the new wireless support structure is designed to support small cell facilities; or

The co-location on any existing structure of a wireless facility that is not a small cell facility.

"Standard process project" means any project other than an administrative-review-eligible project. All such projects shall require a conditional use permit in accordance with this subsection.

DEPARTMENT

The Department of Transportation.

EXISTING STRUCTURE

Any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flagpoles, signs, and water towers. It shall also include the replacement of a structure, located within a six-foot perimeter of the original placement of the structure, with structures that are the same size or smaller.

MICRO-WIRELESS FACILITY

A small cell facility that is no larger than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

NEW STRUCTURE

A wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.

SMALL CELL FACILITY

A wireless facility that meets both of the following qualifications:

Each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and

WIRELESS INFRASTRUCTURE PROVIDER

All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume calculation: electric meters, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services.

UTILITY POLE

A structure owned, operated, or owned and operated by a public utility, local government, or the commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

WATER TOWER

A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

WIRELESS FACILITY

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

WIRELESS SERVICES

"Personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i);

"Personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and

WIRELESS SERVICES PROVIDER

Any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

A provider of wireless services.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

Conditional use permit required.

Except as provided in Subsection C(4) below, all communication towers shall be handled as standard process projects and shall require a conditional use permit, obtained in accordance with the provisions of Article I of this chapter. Standard process projects shall be reviewed pursuant to the criteria put forth in Code of Virginia, § 15.2-2316.4:2, as amended. The processing of a standard process project application shall be subject to the following parameters:

Within 10 days after receipt of a conditional use permit application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. All such applications shall be approved or denied within the following specified time periods:

For a new structure, as defined by this subsection, within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval; or

For the co-location of any wireless facility that is not a small cell facility within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval.

Any period specified above for the City Council to approve or disapprove an application may be extended by mutual agreement between the applicant and the City.

A completed conditional use permit application shall be deemed approved if the City Council fails to approve or disapprove the application within the periods specified above or any agreed extension thereof.

Any disapproval of the conditional use permit application shall be in writing and accompanied by an explanation for the disapproval, and the locality shall identify any modifications that could be made to the application which would permit the City to approve the proposed project. City Council's action on disapproval of an application submitted under this section shall:

Not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services; and

Be supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.

The fee for processing standard process projects shall be $500, which shall not exceed the actual direct costs to process the application, including permits and inspection, in accordance with Code of Virginia, § 15.2-2316.4:1, as amended.

Nothing in this section shall prohibit the denial of an application because:

The proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 feet above ground level; provided that such denial does not unreasonably discriminate against the applicant;

The proposed location of the new structure or co-location of a wireless facility is in an area where all cable and public utility facilities are required or encouraged to be placed underground in accordance with Code of Virginia, § 15.2-2316.4:2, as amended;

The applicant did not provide written notice to adjacent landowners at least 15 days before it applies to locate a new structure; or

[d]

Existing wireless support structures are available within a reasonable distance that could be used for co-location. The applicant shall be responsible for submitting evidence proving that an existing wireless support structure is incapable of supporting co-location because of unreasonable terms, technical limitations, or other valid criteria as determined by the Zoning Administrator or designee.

Preapplication meeting required. Prior to submitting an application for a conditional use permit for a communication tower, the applicant shall meet with the director of planning to discuss the proposed location of the communication tower, the location of all existing and planned communication towers which the applicant owns or operates within the City, the feasibility of locating the communication facilities on existing towers, buildings or structures, or on municipal property and such other issues as deemed relevant by the Planning Director or designee. Failure to schedule or attend a preapplication meeting shall preclude the acceptance and processing of an application for a conditional use permit for a communication tower.

Additional information required for use permits. In addition to the information otherwise required for a conditional use permit application, any application for a conditional use permit for a communication tower shall include the following:

A site plan drawn to scale specifying the location of tower(s), guy anchors (if any), transmission building and other accessory uses, parking, access, landscaped areas, fences, ownership and use of adjoining properties.

Certification by the manufacturer or an engineering report by a state-registered structural engineer shall be submitted indicating the communication tower or antenna height, design, structure, installation and total anticipated capacity of the structure, including number and type of antennas which could be accommodated, and demonstrating to the satisfaction of the code compliance manager that all structural requirements and safety specifications set forth in the Virginia Uniform Statewide Building Code,[1] as supplemented and amended, will be met. In addition to the structural and safety specifications in the Virginia Uniform Statewide Building Code, the certification shall indicate that the proposed communication tower will be constructed to withstand 110-mile-per-hour winds.

Editor's Note: See Code of Virginia, § 36-97 et seq.

A statement from a registered engineer that the NIER (nonionizing electromagnetic radiation) emitted from the communication tower, when measured in conjunction with the emissions from all communication facilities on the tower, does not result in an exposure at any point on or outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the U.S. government or the American National Standards Institute.

In order to assist the City Council in determining whether it is feasible to locate the proposed communication facilities on existing communication towers, proposed communication towers which have received all necessary approvals for construction, suitable buildings and suitable structures, including, but not limited to, electric transmission structures, the applicant shall indicate on a map the location of all existing towers, and all buildings and structures suitable for the proposed communication facilities within a two-mile radius of the proposed communication tower site, including specific information about the location, height, and design of each tower.

Verifiable evidence from the applicant, in written form deemed acceptable to the Director of Planning, of the lack of space on all existing towers within a two-mile radius of the proposed site, and all suitable buildings, and other structures which could accommodate the proposed antenna, and the lack of space on existing tower sites to construct an additional communication tower for the proposed antenna within the service area.

Written confirmation of plans for multiple use of the proposed communication tower.

A visual study depicting all areas the proposed facility would be visible from and what the appearance would be, including photo-simulations. A balloon test at the proposed site may also be required at the discretion of the Planning Director or designee.

After acceptance of an application as complete, the Director of Planning may request additional information and documentation relative to land use and safety issues, provided that the Director shall not delay processing the conditional use permit application while the provision of such information or documentation is pending. However, in the event that all requested information and documents are not submitted prior to a scheduled public hearing, the Planning Department will recommend to the Planning Commission that consideration of the application be continued until such information and documents have been submitted.

Multiple use of communication towers required whenever feasible.

In the consideration of applications for the conditional use permits for the construction of communication towers, the multiple use of existing communication towers, proposed communication towers which have received necessary approvals for construction, and suitable buildings and structures, including, but not limited to, electric transmission structures, shall be required whenever feasible in order to minimize the proliferation of communication towers throughout the City, to provide for adequate light and air, to facilitate the creation of a convenient, attractive and harmonious community, to preserve the character of zoning districts, and to eliminate the potential for adverse impact on established land uses within the City. However, in no event shall it be deemed a violation of this subsection to operate a communication tower with a single user if a conditional use permit has been issued without an express stipulation requiring multiple use.

Evaluation criteria for conditional use permits. In determining whether a conditional use permit application for a communication tower should be approved, the Planning Commission and City Council shall consider the following factors, in addition to the other evaluation criteria for conditional use permits set out in Article I of this chapter:

Whether the communication tower is consistent with the comprehensive plan as determined by the Planning Commission in accordance with § 15.2-2232 of the Code of Virginia.

Whether approval of the communication tower will contravene good planning practices or obstruct the public aims of facilitating the creation of a convenient, attractive community, providing for adequate light and air, preserving the character of zoning districts and eliminating the potential for adverse impact on established land uses within the City.

Whether the proposed communication tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetics or neighborhood character, due either to location, to the nature of surrounding uses (such as industrial uses), or to lack or mitigation of visibility caused by natural growth, stealth design or other factors.

Whether the applicant has established that co-location on existing and proposed communication towers and suitable buildings and structures is not feasible in accordance with § 420-11.5C(2)(e) above, and whether the applicant has agreed to provide co-location opportunities to other users and has specified the number and types of users that could be accommodated on the proposed communication tower.

Whether the application represents a request for multiple use of a communication tower or site, or use on a site contiguous to an existing communication tower. Where the applicant proposes multiple use of the communication tower, the Planning Commission and the City Council may consider whether the applicant has submitted written confirmation of co-location plans including, but not limited to, agreements, memoranda of agreement or completed forms for multiple use provided by the City.

Whether the application contains evidence that other potential users of the proposed communication tower have been contacted, and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use of the proposed communication tower.

Whether the application shows how the communication tower or site will be designed or laid out to accommodate future multiple users, and if not so designed, the reasons given for failure to do so.

Setback requirements.

The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the City may reduce the standard setback requirements if the goals of this section would be better served thereby:

Towers must be set back a distance equal to 200% of the height of the tower from any off-site residential structure and in no case less than 400 feet.

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements for primary structures.

Exceptions to conditional use permit requirement.

Administrative-review-eligible projects. New communication towers meeting the definition of an "administrative-review-eligible project," or the co-location of a wireless facility that is not a small cell facility on an existing structure, shall be considered an administrative-review-eligible project. All such projects shall be reviewed pursuant to the criteria put forth in Code of Virginia, § 15.2-2316.4:2, as amended, and shall be subject to the following requirements:

The wireless service provider or wireless infrastructure provider either:

Obtains the approval of the City of Lexington by virtue of a franchise agreement and right-of-way permit or lease, as required by law, if a new wireless support structure is proposed to be located in the right-of-way or on City property; or

The wireless service provider or wireless infrastructure provider:

[i]

Either has permission from the owner of the land on which the administrative-review-eligible project is proposed or has the permission from the owner of an existing pole, building or structure to co-locate equipment on that pole, building or structure; and

[ii]

Notifies and provides evidence of such permission to the locality in which the permitting process occurs; and

The applicant shall submit an application which shall include:

Photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed project;

A statement signed by a professional engineer licensed in the Commonwealth of Virginia stating that the proposed facilities comply with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio-frequency radiation; and

Such additional information as the Planning Director may reasonably require in order to determine whether the requirements of this section are met.

Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. All such applications shall be approved or denied within the following specified time periods:

For a new structure within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval; or

For the co-location of any wireless facility that is not a small cell facility, within the lesser of 90 days of receipt of a completed application, or the period required by federal law for such approval.

Any period specified above for the City to approve or disapprove an application may be extended by mutual agreement between the applicant and the City.

A completed application shall be deemed approved if the Director of Planning fails to approve or disapprove the application within the periods specified above or any agreed extension thereof.

Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval, and the locality must describe any modifications that could be made to the application which would permit the City to approve the proposed project. The Director of Planning's action on disapproval of an application submitted under this section shall:

Be supported by substantial record evidence contained in a written record publicly released within 30 days following the disapproval.

The fee for processing administrative-review-eligible projects shall be $500 in accordance with Code of Virginia, § 15.2-2316.4:1, as amended.

Nothing in this section shall be interpreted to prohibit the denial of an application if the proposed height of any wireless support structure, wireless facility, or wireless support structure with attached wireless facilities exceeds 50 feet above ground level.

[8]

Nothing in this section shall be interpreted to prohibit the City from limiting the number of new structures or the number of wireless facilities that can be installed within a 500-foot radius of an existing wireless support structure that could support co-location at that specific location. The applicant shall be responsible for submitting evidence proving that an existing wireless support structure is incapable of supporting co-location because of unreasonable terms, technical limitations, or other valid criteria as determined by the Zoning Administrator or designee.

Temporary portable towers. Temporary portable towers, also known as "cells on wheels (COWS)," are permitted under the following circumstances:

For use when a duly authorized communication tower is undergoing maintenance that requires antennas to be disconnected or turned off. A permit shall be obtained from the Zoning Administrator authorizing the COW for a maximum of 60 days, which period may be extended at the discretion of the Zoning Administrator.

For use in an emergency situation during the activation of the City's Emergency Operations Center.

For special events not to exceed seven days under a special event permit approved by the City of Lexington.

Small cell facility.

Small cell facilities installed by a wireless service provider or wireless infrastructure provider on existing structures; provided that the following requirements are met: The wireless service provider or wireless infrastructure provider either:

Obtains the approval of the City of Lexington by virtue of a franchise agreement and right-of-way permit or lease, as required by law, if a new small cell facility is proposed to be located in the right-of-way or on City property; or

The wireless service provider or wireless infrastructure provider:

[i]

Has permission from the owner of an existing pole, building or structure to co-locate equipment on that pole, building or structure; and

[ii]

Notifies and provides evidence of such permission to the locality in which the permitting process occurs; and

The applicant shall submit an application to the Department of Planning and Development for administrative review and approval by the Director of Planning, and the application shall include:

Photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility;

Such additional information as the Planning Director may reasonably require in order to determine whether the requirements of this section are met.

An applicant may submit up to 35 permit requests on a single application. All such completed applications, as determined by the Director of Planning, shall be approved or disapproved within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. The sixty-day period may be extended by the locality, in writing, for a period not to exceed an additional 30 days. The application shall be deemed approved if the locality fails to act within the initial 60 days or an extended thirty-day period. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The fee for processing small cell facility applications shall be $100 for each application proposing up to five small cell facilities and $50 for each additional small cell facility proposed on a permit application. The application for the small cell facility shall be approved only if the following minimum standards are met:

The small cell facility shall not have the potential to pose a material interference with other preexisting communication facilities or with future communication facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communication facilities, as determined by the City.

The small cell facility does not create a public safety concern or inhibit critical public service needs.

If the communication small cell facility shall be installed on or in publicly owned or publicly controlled property, excluding privately owned structures, the communication small cell facility shall be substantially concealed from view by means of painting or tinting to match the surface of the building or other structure to which they are affixed or by other suitable method, such as by flush-mounting or integration into the design elements of the building or structure.

[d]

Further, electrical power and battery backup cabinets shall be roof-mounted or otherwise located so as not to be visible from a public street or, where not practicable as determined by the Director of Planning, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street.

[e]

Small cell facilities shall only be permitted in the Lexington Downtown Historic Preservation District or the Residential Neighborhood Conservation District if they meet the standards included in the Lexington Historic District Design Guidelines as amended and with a certificate of appropriateness approved by the Architectural Review Board.

[f]

This section shall not be construed to prohibit or limit an applicant from voluntarily submitting conditions to address visual or aesthetic effects resulting from the placement of small cell facilities on private property.

At such time that the small cell ceases to be used for communications purposes for three consecutive months, the applicant shall remove the small cell from the property. If the applicant fails to remove the small cell within 30 days of written notice from the Zoning Administrator, the Director of Planning, through his or her own agents or employees, shall be authorized to remove the small cell facility and assess all charges incurred in such removal on the applicant or owner.

Micro-wireless facilities. The installation, placement, maintenance or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles shall not require any permit from the City, nor shall they be subject to any fee from the City if the applicant provides the Director of Planning or designee with proof of compliance with all national safety codes.

Nothing herein shall be construed to exempt the applicant from the requirement for a grant of franchise from the City Council pursuant to § 15.2-2100 of the Code of Virginia, 1950, as amended.

Portable storage container. Notwithstanding any contrary provision of this chapter, portable storage containers located outside of a fully enclosed building or structure shall be allowed only in residential and commercial zoning districts subject to the following restrictions:

[Added 3-21-2019 by Ord. No. 2019-04]

In residential districts including the R-LC Zoning District, a maximum of one portable storage container may be allowed on a lot for a period no longer than 60 days in any consecutive twelve-month period. In any case where there is a change in ownership of the lot, the date upon which title to the lot is conveyed shall begin a new twelve-month period.

Any residentially zoned parcel with one portable storage container on the lot for less than 15 calendar days shall not be required to obtain a zoning permit if the Zoning Administrator has advance notice of placement. A zoning permit issued by the Zoning Administrator is required for any portable storage container located on a lot for more than 15 calendar days but no more than 60 calendar days. There will be no fee for such permit and the permit shall be displayed on the exterior of the portable storage unit at all times.

In the commercial zoning districts a maximum of one portable storage container may be allowed on a lot for a period no longer than 60 days in any consecutive twelve-month period. In any case where there is a change in ownership of the lot, the date upon which title to the lot is conveyed shall begin a new twelve-month period.

Any commercially zoned parcel with one portable storage container on the lot for less than 30 calendar days shall not be required to obtain a zoning permit if the Zoning Administrator has advance notice of placement. A zoning permit issued by the Zoning Administrator is required for any portable storage container located on a lot for more than 30 calendar days but no more than 60 calendar days. There will be no fee for such permit and the permit shall be displayed on the exterior of the portable storage unit at all times.

The portable storage container must be placed a minimum of five feet from the property line, or on the driveway of the lot. One portable storage container may be placed in a legal parking place on the street for a period no longer than 15 days with the approval of the Public Works Department and the Fire Department when space is not available on site.

No portable storage container located in a residential district including the R-LC Zoning District shall have dimensions greater than 20 feet in length, eight feet in width or eight feet in height.

Other than the required City zoning permit, no sign shall be attached to a portable storage container except to provide the contact information of the container provider.

Temporary portable storage containers shall only be permitted on lots with a principal building or structure.

Temporary portable storage containers shall not be used in conjunction with a Class A or Class B home occupation or used as a principal use or principal building or structure.

Temporary portable storage containers shall not be inhabited.

Temporary portable storage containers cannot be located in the floodway or floodplain overlay district.

The container shall not be connected to utilities.

The vertical stacking of portable storage containers and the stacking of any other materials or merchandise on top of any storage container shall be prohibited.

All portable storage containers shall be maintained in a condition free from rust, peeling paint and other visible forms of deterioration.