The following additional regulations apply to specific uses
as set forth below. These regulations are intended to serve as the
minimum standards for these uses, and are not intended to be in substitution
for other provisions of this chapter that may apply.
A.
Dish antennas. Additional standards in all residential districts:
(1)
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.
(2)
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.
(3)
No ground-mounted antenna shall exceed the main building in
height.
(4)
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.
(5)
Antennas shall be permanently and securely installed.
B.
C.
Family health care structures, temporary. Temporary family health
care structures shall be subject to the following standards:
(1)
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.
(2)
Only one family health care structure shall be allowed on a
lot or parcel of land.
(3)
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.).
(4)
Prior to installing a temporary family health care structure,
a permit must be obtained from the City and associated fees paid.
(5)
Any family health care structure shall comply with all applicable
requirements of the Virginia Department of Health.
(6)
No signage advertising or promoting the existence of the structure
shall be permitted on the exterior of the structure or anywhere on
the property.
(7)
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.
(8)
The City may revoke the permit if the permit holder violates
any provision of this section.
D.
Townhouses.
(1)
No more than eight townhouses shall be constructed contiguously.
(2)
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.
(3)
Any townhouse shall front on, or be accessed by, a public street.
(4)
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.
E.
Chickens.
[Added 10-17-2019 by Ord. No. 2019-08]
(1)
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.
(2)
BIOSECURITY MEASURES
CHICKEN
CHICKEN LITTER
COOP
LITTER
PEN
POULTRY and FOWL
PROCESSING OF CHICKEN
PROPERTY
ROOSTER
SANITARY CONDITIONS
SLAUGHTER
Definitions. The following words
and phrases, as used in this subsection, shall have the following
meanings:
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.
Female domestic chicken kept pursuant to the provisions of
this chapter.
Any resulting mixture or combination of chicken excreta,
manure, feed, feathers and material from the bedding for chickens.
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.
Shavings and other materials to be used or used as chicken
bedding.
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.
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.
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.
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.
An adult male domestic chicken.
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.
The act of killing a chicken or chickens.
(3)
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:
(a)
No more than six chickens shall be
allowed per property, regardless of the number of dwellings or the
ownership interests or use arrangements.
(b)
Roosters are prohibited.
(c)
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.
(d)
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]
[1]
Editor's Note: The Lot Requirements Table is included as an attachment to this chapter.
(e)
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.
(f)
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.
(g)
Offensive odors from chickens, manure,
or other chicken-related substances shall not be detectable at any
time at the property boundaries.
(h)
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.
(i)
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.
(4)
Administration. The following pertains
to the permit process for keeping chickens and, when necessary, the
revocation of such permit:
(a)
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.
(b)
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.
(c)
If the permit holder is convicted
of any City or state code violation associated with the keeping of
chickens, the permit shall be revoked.
(d)
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.
(e)
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.
(f)
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.
(5)
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.
(6)
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.
A.
Cemeteries.
(1)
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.
(2)
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.
B.
Public maintenance and service facility.
(1)
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.
(2)
Outside storage areas shall not exceed 35% of the total area
of the site.
C.
Recreation facility, public.
(1)
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.
(2)
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.
A.
Automobile repair service. All automobile repair services shall meet
the following minimum standards:
(1)
All vehicles stored on the premises in excess of 72 hours shall
be placed in a storage yard.
(2)
No exterior display or storage of new or used automobile parts
is permitted.
(3)
There shall be no storage of motor vehicles in landscaped areas
or within 10 feet of the public road right-of-way.
(4)
The use shall be designed to ensure proper functioning of the
site in regards to vehicle stacking, circulation, and turning movements.
B.
Bed-and-breakfast. Bed-and-breakfasts shall be subject to the following
minimum standards:
(1)
The operator shall hold a valid business license from the City
and, where applicable, a permit from the Department of Health.
(2)
A registration book must be maintained for one year and be made
available for review by the City upon request.
(3)
Every room occupied for sleeping purposes shall comply with
Uniform Statewide Building Code.
(5)
No changes shall be made to the building exterior that would
detract from its appearance as a family dwelling.
(6)
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.
(7)
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.
(9)
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.
(10)
Off-street parking shall be screened from surrounding family
residences by landscaping or fencing which is compatible with the
neighborhood.
(11)
Existing structures and landscaping determined to contribute
to the character of the neighborhood shall not be removed.
(12)
Guest rooms shall not have cooking facilities.
(13)
The maximum stay for a guest shall be 14 days.
(14)
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.
(15)
Bed-and-breakfast establishments must be occupied by the owner.
(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.
C.
Car wash. All car washes shall comply with the following general
standards:
(1)
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.
(2)
Car washes shall be constructed in a design similar to the building
character of the surrounding area.
(3)
Parking shall be located behind the front line of the principal
building.
(4)
Any use that has a car wash shall treat the car wash as a primary
use.
(5)
No sales, repair, or outside storage of motor vehicles shall
be conducted on the site.
D.
Commercial outdoor sports and recreation.
(1)
Commercial outdoor sports and recreation areas shall include
screening and buffering in accordance with the landscape section of
this chapter.
(2)
Where nighttime lighting is proposed, it shall be fully shielded
and large evergreen trees shall be required to appropriately screen
adjoining residences.
E.
Construction sales and service. Construction sales and services shall
be subject to the following general standards:
F.
Day-care center. The following general standards shall be applicable
to day-care centers:
(1)
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.
(2)
Minimum lot size: 0.5 acre, except in C-1.
(3)
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.
(4)
Outdoor recreation areas shall be safely separated from all
parking, loading, and service areas.
(5)
Fencing. A fence a minimum of four feet in height shall completely
enclose the outdoor recreation area so that children are safely contained.
G.
Drive-through facilities. The following general standards shall apply
to all drive-through facilities:
(1)
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.
(2)
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.
(3)
Off-street stacking spaces shall be provided in accordance with
the following requirements:
(a)
Stacking spaces shall not interfere with travelway traffic or
designated parking spaces.
(b)
Stacking spaces shall be at a minimum of 18 feet in length.
(c)
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.
(d)
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.
|
H.
Entertainment establishment, adult (sexually oriented business).
(1)
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.
(2)
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:
(a)
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.
(b)
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.
(c)
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.
(3)
Therefore, the following general standards shall apply to all
adult entertainment establishments:
(a)
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.
(b)
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.
(c)
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.
(d)
No adult entertainment establishment shall be located within
1,000 feet of any adult store or other adult establishment.
(e)
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.
(f)
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.
(g)
Hours of operation shall not extend after 1:00 a.m.
I.
Financial institutions. Financial institutions shall comply with
the following general standards:
(1)
Exterior lighting shall be compatible with the surrounding neighborhood.
(2)
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.
(3)
Loading areas shall be located as to minimize the impact on
the surrounding neighborhood.
J.
Funeral home. All funeral homes shall be subject to the following
general standards:
(1)
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.
K.
Gasoline station. Gasoline stations shall be subject to the following
general standards:
(1)
Applicants shall demonstrate that the use will be compatible
with the neighborhood with regards to traffic circulation, parking,
and appearance and size of structures.
(2)
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.
(3)
Any canopy over the fuel pumps shall have the same roof shape
and exterior materials as the primary structure.
(4)
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.
(5)
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.
L.
Home occupations. All home occupations shall be subject to the following
general standards:
[Amended 7-1-2021 by Ord. No. 2021-05]
(1)
No signs shall be permitted.
(2)
The area devoted to home occupation(s) shall not exceed 25%
of the gross floor area of the dwelling unit.
(3)
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.
(4)
No merchandise shall be sold on the premises.
(5)
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.
(6)
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.
(7)
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.
(8)
The operator of a home occupation use shall secure a City business
license, and obtain a home occupation use permit.
(9)
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.
(10)
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.
M.
Hotel. Additional standards in the C-1 District:
N.
Office, medical. The following general standards shall apply to all
medical offices:
(1)
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.
(2)
Loading areas shall be sited in such a way so as to minimize
the impact on any surrounding neighborhood.
O.
Outdoor display. Areas associated with retail uses shall be subject
to the following standards:
(1)
Shall be limited to a maximum of 5% of the total lot area.
(2)
Shall not be located in front of (i.e., on the street side of)
or on top of the building.
(3)
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.
(4)
Asphalt or concrete walkways or aisles shall be provided to
permit all-weather customer access to all areas of the outdoor display.
(5)
Shall be screened with an opaque fence or wall, and shall not
be visible from any public street or adjacent parcel.
(6)
Walls or fences shall not be less than six feet in height, nor
exceed eight feet in height.
(7)
No sales display may exceed the height of the screening wall
or fence.
P.
Pawn shop. The following general standard shall apply to all pawn
shops:
(1)
No outdoor display of goods or storage shall be permitted.
Q.
Restaurant, drive-in. The following general standards shall apply
to all drive-in restaurants:
(1)
Stacking spaces shall not interfere with the travelway traffic
or designated parking spaces.
(2)
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.
(3)
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.
(4)
Extended awnings, canopies, or umbrellas are permitted.
R.
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:
(1)
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.
[Amended 3-21-2019 by Ord. No. 2019-04]
(2)
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.
(3)
A mobile restaurant may operate on either public property or
private commercially zoned property with written permission from the
owner.
(4)
No items shall be sold other than food and beverages.
(5)
No music shall be played that is audible outside of the vehicle.
(6)
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.
(7)
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.
(9)
Trash receptacles shall be provided and all trash, refuse, or
recyclables generated by the use shall be properly disposed of.
(10)
No liquid wastes shall be discharged from the mobile restaurant.
(11)
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.
(12)
No mobile restaurant shall locate within 100 feet of a single-family
or two-family residential use.
(13)
Vehicles may be otherwise limited by the City depending on the
location or other details of the mobile restaurant permit application.
(14)
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.
(15)
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.
S.
Retail. The following general standards shall apply to all retail
uses:
(1)
No outdoor display of goods shall be permitted except during
City-authorized special events.
T.
Shooting range, indoor.
(1)
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.
(2)
Exterior lighting shall be compatible with the surrounding neighborhood.
(3)
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.
(4)
The scale, massing, and building design shall be compatible
with the surrounding neighborhood.
U.
Shopping center. The following general standards shall apply to all
shopping centers:
(1)
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.
(2)
The scale, massing, and building design shall be compatible
with surrounding developments. The structures shall be street-oriented
with pedestrian entrances from the street.
(3)
No outdoor display of goods shall be permitted.
V.
Short-term residential rental. All short-term residential rental
businesses shall comply with the following general standards:
[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]
(1)
BOOKING TRANSACTION
GUEST or TRANSIENT
PRIMARY RESIDENT (or HOST)
RESIDENTIAL DWELLING UNIT
SHORT-TERM RESIDENTIAL RENTAL
TYPE A RENTALS
TYPE B RENTALS
Definitions. As used in this subsection, unless the context
requires a different meaning, the following terms shall have the meanings
indicated:
Any transaction in which there is a charge to a transient
by a host for the occupancy of any dwelling, sleeping, or lodging
accommodations.
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.
A residence where one or more persons maintain a household.
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.
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.
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.
(2)
Registration and other requirements.
(a)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
[1]
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:
[Added 3-21-2019 by Ord. No. 2019-04; amended 7-1-2021 by Ord. No. 2021-05]
[a]
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
[b]
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
[c]
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.
(3)
Safety.
(a)
The City may inspect any short-term rental once per year for
compliance with applicable building codes.
(b)
The unit shall meet all applicable sections of the life safety
requirements in the building code.
(c)
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.
(4)
Use regulations.
(a)
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.
(b)
The dates for trash and recycling collection shall be posted
prominently in the short-term rental unit.
(c)
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.
(d)
The host shall not permit occupancy of a short-term rental unit
for a period of less than overnight.
(e)
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.
(f)
The principal guest of a short-term rental unit shall be at
least 18 years of age.
(g)
The maximum number of adult guests in a short-term rental unit
is limited to two adults per bedroom.
(5)
Registration suspension or cancellation.
(a)
A short-term rental registration may be suspended or cancelled
for the following reasons:
[1]
Failure to collect and/or remit the transient occupancy
tax.
[2]
Three or more substantiated complaints (including,
but not limited to, parking on grass, noise, excess trash) within
a twelve-month period.
[3]
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.
(b)
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:
[1]
A description of the violation(s) constituting
the basis of the suspension or cancellation;
[2]
If applicable, a statement of acts necessary to
correct the violation; and
[3]
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.
(c)
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:
(d)
A copy of the notice will be provided to the Commissioner of
Revenue to advise the registration may be revoked.
(6)
(7)
Exemptions.
(a)
Sunset provision.
[1]
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.
[a]
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;
[b]
The requirement of off-street parking set forth
in Subsection C(2)(i) of this section;
[c]
The limitation on the total number of guests set
forth in Subsection C(4)(g) of this section;
[2]
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.
(b)
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:
[Amended 7-1-2021 by Ord. No. 2021-05
[1]
Conducted by a recognized 501(c) organization that
is based in the community or has a chapter or affiliate based in the
community;
[2]
The qualifying event is part of a local community-wide
campaign; and
[3]
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.
W.
Store, adult. The following general standards shall apply to all
adult stores:
(1)
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.
(2)
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.
(3)
No adult store shall be located within 1,000 feet of any adult
store or other adult establishment.
(4)
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.
X.
Store, grocery.
(1)
All grocery stores shall be subject to the following general
standards:
(a)
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.
(2)
Additional standards for the C-1 District:
Y.
Store, liquor. The following general standards shall apply to all
liquor stores:
(1)
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.
(2)
Parking shall be located behind the front line of the principal
building.
(3)
Exterior lighting shall be compatible with the surrounding neighborhood.
(4)
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.
(5)
The scale, massing, and building design shall be compatible
with the surrounding neighborhood.
A.
Parking facility. The following general standards shall apply to
all parking facilities:
(1)
No motor vehicle work shall be permitted in association with
a parking facility except under emergency service work.
(2)
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.
B.
Portable buildings.
(1)
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.
(2)
Exemptions:
(a)
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.
(b)
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.
(c)
Temporary restroom facilities.
(3)
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.
C.
Communication tower.
[Amended 12-1-2022 by Ord. No. 2022-14]
(1)
ANTENNA
BASE STATION
CO-LOCATE
COMMUNICATION TOWER
(a)
[1]
[a]
[b]
[2]
DEPARTMENT
EXISTING STRUCTURE
MICRO-WIRELESS FACILITY
NEW STRUCTURE
SMALL CELL FACILITY
(a)
(b)
UTILITY POLE
WATER TOWER
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS SERVICES
(a)
(b)
(c)
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
Definitions and scope. As used in this section, the following
terms shall have the meanings indicated:
Communications equipment that transmits or receives electromagnetic
radio signals used in the provision of any type of wireless communications
services.
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.
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.
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.
The Department of Transportation.
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.
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.
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.
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
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.
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.
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.
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.
"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
Any other fixed or mobile wireless service, using licensed or
unlicensed spectrum, provided using wireless facilities.
A provider of wireless services.
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.
(2)
Conditional use permit required.
(a)
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:
[1]
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:
[a]
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
[b]
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.
[c]
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.
[2]
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.
[3]
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:
[a]
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
[b]
Be supported by substantial record evidence contained
in a written record publicly released within 30 days following the
disapproval.
[4]
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.
[5]
Nothing in this section shall prohibit the denial
of an application because:
[a]
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;
[b]
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;
[c]
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.
(b)
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.
(c)
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:
[1]
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.
[2]
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.
[1]
Editor's Note: See Code of Virginia, § 36-97 et
seq.
[3]
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.
[4]
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.
[5]
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.
[6]
Written confirmation of plans for multiple use
of the proposed communication tower.
[7]
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.
(d)
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.
(e)
Multiple use of communication towers required whenever feasible.
[1]
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.
(f)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
[6]
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.
[7]
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.
(3)
Setback requirements.
(a)
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:
(4)
Exceptions to conditional use permit requirement.
(a)
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:
[1]
The wireless service provider or wireless infrastructure
provider either:
[a]
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
[b]
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
[2]
The applicant shall submit an application which
shall include:
[a]
Photographs or accurate renderings, including correct
colors and exact dimensions, of each type of proposed project;
[b]
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
[c]
Such additional information as the Planning Director
may reasonably require in order to determine whether the requirements
of this section are met.
[3]
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:
[a]
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
[b]
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.
[c]
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.
[4]
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.
[5]
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:
[a]
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
[b]
Be supported by substantial record evidence contained
in a written record publicly released within 30 days following the
disapproval.
[6]
The fee for processing administrative-review-eligible
projects shall be $500 in accordance with Code of Virginia, § 15.2-2316.4:1,
as amended.
[7]
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.
(b)
Temporary portable towers. Temporary portable towers, also known
as "cells on wheels (COWS)," are permitted under the following circumstances:
[1]
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.
[2]
For use in an emergency situation during the activation
of the City's Emergency Operations Center.
[3]
For special events not to exceed seven days under
a special event permit approved by the City of Lexington.
(c)
Small cell facility.
[1]
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:
[a]
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
[b]
The wireless service provider or wireless infrastructure
provider:
[2]
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:
[a]
Photographs or accurate renderings, including correct
colors and exact dimensions, of each type of proposed small wireless
facility;
[b]
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
[c]
Such additional information as the Planning Director
may reasonably require in order to determine whether the requirements
of this section are met.
[3]
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:
[a]
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.
[b]
The small cell facility does not create a public
safety concern or inhibit critical public service needs.
[c]
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.
[4]
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.
(d)
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.
(e)
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.
D.
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Temporary portable storage containers
shall only be permitted on lots with a principal building or structure.
(9)
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.
(10)
Temporary portable storage containers
shall not be inhabited.
(11)
Temporary portable storage containers
cannot be located in the floodway or floodplain overlay district.
(12)
The container shall not be connected
to utilities.
(13)
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.
(14)
All portable storage containers shall
be maintained in a condition free from rust, peeling paint and other
visible forms of deterioration.
(15)
The provisions of this subsection
shall not apply to properties where construction is actively occurring
under a valid building permit.
