City of Lexington, MO General Provisions

[Ord. No. 80-22 Art. I § 6, 12-2-1980; Ord. No. 88-6 § 1, 4-26-1988; Ord. No. 93-22 § 1, 11-9-1993; Ord. No. 2001-02 § 1, 1-9-2001; Ord. No. 2005-31 § 1, 8-9-2005; Ord. No. 2006-10 § 1, 3-28-2006; Ord. No. 2007-34 § 1, 9-5-2007; Ord. No. 2012-01 § II, 1-10-2012; Ord. No. 2012-22 § 1, 6-12-2012]

This Section presents the general rules for interpreting language and definitions of terms within the zoning ordinance.

Rules for interpreting language. For the purpose of this Chapter, certain terms or words shall be interpreted as follows:

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

The word "shall" is mandatory; the word "may" is permissive.

The word "person" includes a firm, association, organization, partnership, trust company, or corporation, government bodies or agencies and all other legal entities, as well as an individual.

The words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied" as well as "constructed", "altered", "converted", "rented", "leased" or "intended to be used".

The word "lot" includes the words "parcel", "tract", "site" and "space".

The word "Board" means the Board of Adjustment.

The word "City" means the City of Lexington, Missouri.

The words "Governing Body" means the City Council of Lexington, Missouri.

The word "Commission" means the City of Lexington Planning and Zoning Commission.

Definitions Of Terms. For the purposes of understanding, administering and enforcing this Chapter, the following terms shall have specific definition or meaning as indicated herein. All words not specifically defined herein shall have a meaning as found in Webster's Seventh New Collegiate Dictionary.

ACCESSORY BUILDING OR STRUCTURE

A building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building such as:

[Ord. No. 2021-12, 8-10-2021]

Detached garage, gazebo, picnic pavilion, boathouse, small private greenhouse, storage building or similar structure.

Note: The following items are not storage buildings within the intent of this definition:

Shipping containers of any kind, including cargo containers Conex transporters, container van, freight container, intermodal container, ISO container, military shipping container, sea can, sea container, shipping container, aircraft cargo containers (ULDs).

Railroad freight cars, trucks, vans, mobile homes, trailers, semi-trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials.

ACCESSORY BUILDING OR STRUCTURE USE

A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same premises.

[Ord. No. 2021-12, 8-10-2021]

ACCESSORY USE

A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same premises.

ADULT

A person eighteen (18) years of age or older.

ADULT ENTERTAINMENT ESTABLISHMENT

(Also see adult business regulations, §§ 13-31 thru 13-47. In case of conflict between this definition and 13-31 thru 13-47, the more restrictive Section shall prevail.)

Any business, premises or establishment including, without limitation, adult bookstores, adult video stores, adult motion picture theaters, adult mini-motion picture theaters, adult cabarets, adult live performance theaters which has any of the following:

An amount less than thirty percent (30%) of its annual gross receipts derived from:

The offering of entertainment, performances, scenes, visual representations or other presentations which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, or

The offering of stocks in trade of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other photographic materials which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, and instruments, devices or paraphernalia designed for use in connection with "specified sexual activities" as herein defined; or

An amount less than thirty percent (30%) of its inventory on hand at any time consisting of stocks in trade of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides, or other photographic materials which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, or paraphernalia designed for use in connection with "specified sexual activities" as herein defined; or

An amount less than thirty percent (30%) of its floor area at any time allocated to:

Entertainment, performances, scenes, visual representations or other presentations which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, or

The offering, display and storage of stocks in trade of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other photographic materials which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, and instruments, devices or paraphernalia designed for use in connection with "specified sexual activities" as herein defined, and instruments, devices or paraphernalia designed for use in connection with "specified sexual activities" as herein defined.

(1)

Specified anatomical areas: Any of the following:

(a)

Less than completely or opaquely covered human genitals, pubic region, buttocks, anus, or female breast area below a point immediately above the top of the areola; or

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(2)

Specified sexual activities: Any of the following:

(a)

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or

(b)

Actual or simulated acts of sexual intercourse, masturbation, sodomy or oral copulation; or excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) and (2) of this definition.

ADULT ENTERTAINMENT ESTABLISHMENT, ENHANCED

Any business, premises or establishment including, without limitation, adult bookstores, adult video stores, adult motion pictures theaters, adult mini-motion picture theaters, adult cabarets, adult live performance theaters which has any of the following:

Thirty percent (30%) or more of its annual gross receipts derived from:

Thirty percent (30%) or more of its inventory on hand at any time consisting of stocks in trade of books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other photographic materials which are characterized by emphasis on depiction or description of "specified sexual activities" or of "specified anatomical areas" as herein defined, or paraphernalia designed for use in connection with "specified sexual activities" as herein defined; or

Thirty percent (30%) or more of its floor area at any time allocated to:

ADVERTISING SIGN OR STRUCTURE

Any sign, device or structure of any character whatsoever, including statuary, placed for advertising purposes. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties or merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this definition.

AGRICULTURAL CHEMICAL MANUFACTURING

Biodiesel, feed plant, ethanol plan.

AGRICULTURAL PROCESSING

The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.

AGRICULTURAL SALES AND SERVICE

An establishment primarily engaged in the sale, purchase or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

AGRICULTURAL USE

Any one (1) or combination of the following uses: the growing of farm or truck garden crops, dairying and pasturage, horticulture, floriculture, viticulture, or animal/poultry husbandry. Agriculture encompasses the farmhouses and accessory uses and structures customarily incidental to agricultural activities together with the operation of equipment, machinery and vehicles to perform the above activities or uses.

AGRICULTURE

The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. The operation of commercial feed pens, sales yards and auction yards for cattle or hogs shall be deemed an industrial and not an agricultural use. The planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in Lafayette County on parcels greater than forty (40) acres.

AGRICULTURE, GENERAL

The use of land for the production of livestock, dairy products, poultry or poultry products.

AGRICULTURE, LIMITED

The use of land for the production of row crops, field crops, tree crops or timber.

AIRPORT OR AIRSTRIP

Any public or privately owned or operated ground facility designed to accommodate landing and takeoff operations of aircraft, including all taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

ALLEY

A public or private thoroughfare which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION

Any addition, remodel, extension or change to, or rearrangement of, a building's structural parts, exterior surface of a main building or accessory building.

ANIMAL CARE, GENERAL

A use providing animal care, veterinary services or boarding. See "ANIMAL CARE, LIMITED" and "KENNEL".

ANIMAL CARE, LIMITED

A use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See "ANIMAL CARE, GENERAL" and "KENNEL".

ANIMAL FEED PROCESSING AND STORAGE

An animal feed mill.

ANIMAL HOSPITAL

An establishment for the care and treatment of small animals, including household pets.

APARTMENT

A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit. (Also see "DWELLING, MULTIPLE- FAMILY".)

APARTMENT HOUSE

A multiple-family dwelling. (See "DWELLING, MULTIPLE".)

APPLICANT

The owner or duly designated representative of land proposed to be subdivided or for which a special permit, amendment, variance, construction permit or certificate of occupancy has been requested. Consent shall be required from the legal owner of the premises.

APWA

American Public Works Association.

ARMED FORCES RESERVE CENTERS

A service center for armed service recruitment.

ASPHALT OR CONCRETE PLANT

An establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

ASSISTED LIVING

Multi-family dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including group homes, group housing, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.

ATHLETIC FIELD

A wide stretch of open land used for outdoor games such as baseball, football, and soccer.

AUDITORIUM OR STADIUM

An open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

AUTOMATED TELLER MACHINE (ATM)

A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. Automatic teller machines (ATM) located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

AUTOMOBILE

A self-propelled vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, trucks, buses, motor scooters and motorcycles.

AUTOMOBILE SERVICE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, but not butane or propane fuels, and which may or may not include facilities for lubricating, washing, cleaning or otherwise servicing automobiles, but not including the painting thereof.

AUTOMOBILE WASH OR LAUNDRY

A structure designed primarily for washing automobiles with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.

AUTOMOBILE WRECKING OR SALVAGE YARD

An area outside of a building where motor vehicles are disassembled, dismantled, junked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.

AUTOMOTIVE SERVICES

Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers or similar vehicles including, but not limited to, body, fender, muffler or upholstery work, oil change and lubrication, painting, tire service and sales, or installation of CB radios, radios, car alarms, stereo equipment or cellular telephones.

BANK OR FINANCIAL INSTITUTION

Establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. "Banks and financial institutions" also include automated teller machines.

BAR OR TAVERN

An establishment in which the primary function is the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as cocktail lounges and nightclubs.

BASEMENT

A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half (1/2) of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.

BASIC INDUSTRY

An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries, pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steel works; tanneries; acid manufacturing; cement, lime, gypsum or plaster of Paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.

BATHHOUSE

An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State Board of Healing Arts.

BED AND BREAKFAST — RESIDENTIAL

A single-family home, including attached or unattached structures, occupied as a permanent dwelling place by the proprietor or manager, in which sleeping accommodations of not more than four (4) rooms and breakfast is offered for transient guests in a twenty-four (24) hour period for compensation. Any establishment with sleeping rooms in excess of four (4) shall be defined as a hotel under the terms of this Section and subject to the requirements of Missouri Statute Chapter 315, RSMo.

BED AND BREAKFAST IN "C-3" CENTRAL BUSINESS DISTRICT

An area on the second (2nd) floor or above of a commercial building in which sleeping accommodations of not more than four (4) rooms and breakfast is offered for transient guests for time-limited durations of twenty-four (24) hours for compensation. Any establishment with sleeping rooms in excess of four (4) shall be defined as a hotel under the terms of this Section and subject to the requirements of Missouri Statute Chapter 315, RSMo.

BLOCK

A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Zoning Administrator shall determine the outline of the block.

BOARDING HOUSE

A dwelling other than a hotel occupied as a single housekeeping unit where, for compensation and by pre-arrangement for definite periods, lodging or meals are provided for five (5) or more but not exceeding twelve (12) persons, but not for the public or transients.

BOARD OF ADJUSTMENT

The Board established by the City to hear and determine appeals and variances.

BUILDING

Any structure intended for shelter, housing or enclosure of persons, animals or chattel.

BUILDING COVERAGE

The percentage of the lot area covered by the building. The building area shall include all over-hanging roofs.

BUILDING HEIGHT

The vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of coping of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

BUILDING LINE

A line beyond which building and structures may not be located except as otherwise provided.

BUILDING, MAIN

A building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING SITE

A single parcel of land occupied or intended to be occupied by a building or structure.

CAMPGROUNDS, PRIVATE

Temporary or permanent buildings, tents or other structures established or maintained as a temporary living quarter, operated continuously for a period of five (5) days or more for recreation, religious, education or vacation purposes.

CARGO CONTAINER

[Ord. No. 2021-12, 8-10-2021]

A reusable, weather-resistant (usually metal) transportable box, produced in sizes ranging up to sixty (60) feet long, eight (8) feet wide, and either eight (8) feet six (6) inches or nine (9) feet six (6) inches tall. Cargo containers are also known as "container," "CONEX^® transporters," "container van," "freight container," "intermodal container," "ISO container," "military shipping container," "sea can," "sea container," "shipping container."

AIRCRAFT CARGO CONTAINERSUnit load device (ULD), a container used to load luggage, freight, and mail on large aircraft. ULD containers, also known as "cans" and "pods," are closed containers made of aluminum or combination of aluminum frame and LEXAN^® walls.

MILITARY SHIPPING/STORAGE CONTAINERSSimilar in construction to cargo containers with same functional usage. (Also see "Container.")

MOVING CONTAINERS/PODs^® — Primarily used by moving companies for temporary storage and moving of household goods.

CARNIVAL OR CIRCUS

Any aggregation of shows or riding devices, games of skill or chance, or any combination of shows and riding devices, or any combination of several enterprises, such as revolving wheels, merry-go-rounds, giant swings, panoramas, musical and theatrical entertainments, or riding devices, whether carried on or engaged in or conducted in any field, park or in a building or enclosure, and whether carried on, engaged in or conducted as one (1) enterprise or by several concessionaires, and whether one (1) admission fee is charged for admission to all such shows or entertainments, or separate fee for admission is charged for each amusement.

CARPORT

A permanent roofed structure permanently open on at least two (2) sides, designed for or occupied by private passenger vehicles.

CAR WASH

An establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

CATERING

An establishment engaged in the preparation of food and beverages for consumption at another location. Catering shall not include the manufacturing of food as defined in "FOOD/BAKERY PRODUCT MANUFACTURING".

CEMENT MANUFACTURING

A cement plant.

CEMETERY, CREMATORY, MAUSOLEUM

Land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.

CHEMICAL AND BIOLOGICAL MANUFACTURING

A chemical production facility.

CHILD CARE CENTER

Any place, home or institution which receives four (4) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided however, this definition shall not include public and private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree, or religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.

CHURCHES, CHAPELS, TEMPLES AND SYNAGOGUES

See the definition of "RELIGIOUS ASSEMBLY".

CITY BUILDING OFFICIAL

Inspects and approves building projects within the City of Lexington. May also provide various engineering services to the City.

CITY ENGINEER

See "CITY BUILDING OFFICIAL".

CLINIC, DENTAL OR MEDICAL

A facility including, but not limited to, dental and doctors' offices, for the examination and treatment of ill or afflicted human outpatients; provided however, that patients are not kept overnight except under emergency conditions.

CLUBS AND LODGES, PRIVATE

An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational or athletic purposes that are conducted for profit.

CLUSTER DEVELOPMENT

The arrangement of buildings or structures in groups around common courts, driveways, parks or other unique features of the land permitting more latitude and flexibility in placement and design. The lots, buildings or structures in a cluster development must meet the requirements of the appropriate planned districts.

COLLEGE OR UNIVERSITY

An institution of higher education offering undergraduate or graduate degrees.

COMMERCIAL DISTRICT INN IN "C-3" CENTRAL BUSINESS DISTRICT

An area on the second (2nd) floor or above of a commercial building in which sleeping accommodations of not more than four (4) rooms without meals are offered for transient guests for time-limited durations of twenty-four (24) hours for compensation. Any establishment with sleeping rooms in excess of four (4) shall be defined as a hotel under the terms of this Section and subject to the requirements of Missouri Statute Chapter 315, RSMo.

COMMON OPEN SPACE

An area of land or water planned for passive or active recreation such as swimming pools or tennis courts but not including roadways.

COMMUNICATION TOWER

Commercial AM/FM radio, television, microwave and cellular telephone transmission towers, electronic emission of any wave length and accessory equipment and buildings.

COMMUNITY CENTER

A building to be used as a place of meeting, recreation or social activity and not operated for profit and in which neither alcoholic beverages or meals are normally dispensed or consumed.

COMPOSTING FACILITY

A facility that is designed and used for transforming food, yard wastes and other organic material into soil or fertilizer by biological decomposition.

COMPREHENSIVE PLAN

A comprehensive plan made and adopted by the Planning Commission and the Lexington City Council which, through a combination of text, charts and maps, sets forth proposals for general locations of various land uses, including streets, parks, schools, public buildings and utilities.

CONCENTRATED FEEDING OPERATION

A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. Open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots.

CONDITIONAL USE

A use that would not be appropriate generally throughout a zoning district because of potential danger, smoke, noise or odor, but which, if controlled as to number, area, location, or relation to the neighborhood, would not be detrimental to public health, safety, morals or general welfare.

CONDOMINUM

A single dwelling unit under individual ownership within a multiple dwelling unit structure. A multi-family structure with two (2) condominiums shall be considered a two-family dwelling and a structure with more than two (2) condominiums shall be considered a multi-family dwelling.

CONSTRUCTION SALES AND SERVICE

An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.

CONTAINER

An article of transport equipment that meets American National Standards Institute and International Organization (ISO) standards that is designed to facilitate the carriage of goods by one or more modes of transportation without intermediate handling of the contents and equipped with features permitting ready handling and transfer from one mode to another.

[Ord. No. 2021-12, 8-10-2021]

CONVALESCENT CARE

An establishment providing bed care and inpatient services for persons needing regular medical attention, meals and continuing nursing care, but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease. Typical uses include nursing homes.

CORRECTIONAL FACILITY

A facility providing housing and care for individuals confined for violations of law.

COURT

An open, unoccupied space, other than yard, bounded on three (3) or more sides by exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.

CULTURAL SERVICE

A facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos and aquariums.

CURB LEVEL

The mean level of the curb in front of the lot or, in case of a corner lot, along that abutting street where the mean curb level is the highest.

DAY CARE CENTER

See "CHILD CARE CENTER".

DAY CARE, COMMERCIAL

A day care establishment conducted in a private residence that provides care, protection and supervision for more than ten (10) individuals at any one (1) time, excluding those persons related to and residing in the home of the day care provider. A use that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than twenty-four (24) hours per day.

DAY CARE, LIMITED

A day care establishment conducted in a private residence that provides care, protection and supervision for five (5) or less individuals at any one time, excluding those persons related to and residing in the home of the day care provider. A use that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than twenty-four (24) hours per day.

DEDICATION

Intentional transfer by the developer to the public of ownership of, or an interest in, land for public purpose. Dedication may be effected by compliance with Statutes relating to dedication of land, by formal deed by conveyance, or by any other method recognized by the laws of the State of Missouri.

DEPARTMENT OF NATURAL RESOURCES

The Missouri Department of Natural Resources (MDNR).

DIRECTOR OF ECONOMIC DEVELOPMENT

The appointed director of the Economic Development Department of the City of Lexington.

DISTRICT

Any section of the City of Lexington within which the zoning regulations are uniform.

DRIVE-IN AND DRIVE-THRU

Establishment where the product or service is delivered to customers in motor vehicles either parked nearby or directly through a window.

DRIVE-IN RESTAURANT

Any establishment where food, frozen dessert and/or beverage is sold to the customer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in a motor vehicle parked upon the premises or anywhere on the premises outside of the building.

DRY CLEANING OR LAUNDRY

Any place, building or portion thereof available to the general public for the purpose of washing, drying, extracting moisture from, or dry cleaning wearing apparel, cloth, fabrics and textiles of any kind by means of an appliance which is operated primarily by the customer.

DUMPSTER

A type of movable waste container designed to be brought to and taken away from a location by a special collection vehicle, or to a bin that a specially designed truck empties on-site.

[Ord. No. 2021-12, 8-10-2021]

DUPLEX

A single lot used for two (2) dwelling units within a single building, other than a manufactured home.

DWELLING

A building designated or used exclusively for residential occupancy for one (1) or more families, but not including house trailers, mobile homes, travel trailers, manufactured homes, hotels or motels.

DWELLING, ATTACHED

A dwelling having any portion of the structure in common with adjoining dwellings.

DWELLING, DETACHED

A dwelling having no portion of the structure in common with another dwelling.

DWELLING, MULTIPLE-FAMILY

A dwelling designed for occupancy by three (3) or more families living independently of each other, exclusive of auto or trailer courts or camps, mobile home parks, hotels or resort type hotels.

DWELLING, ROW HOUSE OR TOWN HOUSE

Three (3) or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one (1) family.

DWELLING UNIT

A building or portion of a building that contains living facilities for not more than one (1) family and that includes provisions for sleeping, cooking, eating and sanitation.

EASEMENT

A grant by a property owner to the public, a corporation or a person(s) of the use of a recorded strip of land for certain specified purposes.

EXTERIOR SETBACK

A required setback that fronts on a public street.

FAMILY

One (1) or more persons occupying a dwelling and living as a single housekeeping unit, all but two (2) of whom are related to each other by birth, adoption or marriage, as distinguished from a group occupying a residential group home as defined in this Section.

FARM IMPLEMENT SERVICES

Large-scale farm supply establishment.

FARM-RELATED SERVICES

Small-scale farm service store.

FENCE

An enclosure or barrier constructed of posts, supports, boards, wires, stakes, bricks, stones or rails that impairs the visibility and wind flow.

FENCE HEIGHT

The vertical distance measured from the side of the fence that is exterior to the property or from the lowest adjacent ground level to the top of the fence material. In the case of wire fencing, height shall be measured by the width of the material used, providing that when installed, the material is directly adjacent to the ground level.

FERTILIZER SALES AND STORAGE

Ag-related chemical sales.

FINAL DEVELOPMENT PLAN

A plan submitted for site plan review as required by these regulations for single-family, two-family, multi-family, commercial and industrial development proposals.

FLAG LOT

A lot, tract or parcel having frontage or access to a street or place by a strip of land narrower than the lot or parcel width, having the appearance of a flag on a pole.

FLOOR AREA, RESIDENCE

The use of a residence exclusive of garage, carport, porch or basement.

FOOD AND BEVERAGE SERVICES

Warehousing and distribution facility.

FOOD STORE

An establishment where food and prepackaged beverages are sold on site for consumption off site. A limited amount of food preparation on site may also be allowed, such as a delicatessen or bakery.

FOOD/BAKERY PRODUCT MANUFACTURING

A use engaged in the manufacture of food and food products, including non-retail bakeries, canning facilities and creameries.

FREIGHT TERMINAL

A building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.

FRONTAGE

The distance along a street line from one intersecting street to another or from one intersecting street to the end of a dead-end street.

FUNERAL HOME

An establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

GARAGE APARTMENT

A dwelling unit for one (1) family erected above a private garage.

GARAGE, PRIVATE

An accessory building or part of a main building used for storage of vehicles used solely by the occupants and their guests of the building to which it is accessory.

GARAGE, PUBLIC

Any building, other than a private garage, available to the public, where automobiles are parked or stored for remuneration, hire or sale.

GARAGE, REPAIR

A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.

GARAGE, STORAGE

A building or portion thereof, except those defined as a private, a repair or a community garage providing storage for motor vehicles, with facilities for washing but no other services.

GAS AND FUEL SALES/STORAGE

The use of a site for bulk storage and distribution and sales of flammable liquid, gas or solid fuel, excluding below-ground storage that is clearly ancillary to an allowed principal use on the site.

GAS SERVICE STATION

Any premises used for dispensing, sale at retail of automobile fuels, oils or accessories, but not including major repair work.

GOLF COURSE

A facility providing private or public golf recreation services and support facilities. This definition shall exclude miniature golf courses and golf driving ranges except those that are clearly accessory uses. See "RECREATION AND ENTERTAINMENT, OUTDOOR".

GOVERNING BODY

That body having jurisdiction in the zoning area.

GOVERNMENT SERVICE

Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies and utility billing offices.

GRADE

The average level of the finished surface of the ground for buildings.

GRADE (ADJACENT GROUND ELEVATION)

The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five (5) feet distant from said wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way.

GRAIN ELEVATOR

A tall building for storing grain.

GREENHOUSE, NURSERY

An establishment where flowers, trees and other products that are commonly used as landscaping in and around buildings are grown and sold.

GROSS LEASABLE FLOOR AREA

The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from the centerline of joint partitions and from the exterior surface of outside walls.

GROUP HOME

A residential home providing twenty-four (24) hour care in a protected environment for eight (8) or less unrelated persons with mental or physical disabilities; further, and pursuant to Section 89.020.2, RSMo., such home may include two (2) additional qualified persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. A "qualified person" shall mean a person qualified by education, training and experience, or any combination thereof, for the position which they hold in the residential group home. Group homes for occupants eighteen (18) years old or under shall be licensed by the Missouri Department of Social Services.

GROUP RESIDENTIAL

The use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls. The term "group residential" does not include "group homes".

HARD SURFACED ROAD

An all-weather surface improved with asphalt, concrete, asphaltic concrete or similar material designed to City of Lexington street standards.

HAZARDOUS OPERATION

Activities that present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

HAZARDOUS SUBSTANCES

Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or harmful to the health of any person handling or otherwise coming into contact with such material or substance.

HEALTH CLUB

A facility where members or non-members use equipment or space for the purpose of physical exercise.

HEAVY INDUSTRIAL USES

Industry that creates external effects of noise and odors.

HEIGHT OF BUILDINGS AND STRUCTURES

The vertical distance from the average ground level abutting a building or structure to the highest point of a building or highest point of any permanent part of a structure other than a building. Height, where not regulated by feet, shall be regulated by stories and a story shall be equal to twelve (12) feet for purposes of measuring structures other than buildings.

HELIPORT OR HELIPAD

An area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.

HOMES ASSOCIATION

An incorporated non-profit organization operating under recorded land agreements through which:

Each lot and/or homeowner in a planned unit or other described land area is automatically a member; and

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property, and

The charge if unpaid becomes a lien against the property.

HOME OCCUPATION

Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor or electrical disturbance beyond the confines of the lot on which said occupation is conducted.

The conducting of a beauty or barber shop, tea room, or restaurant, rest home, clinic, doctor or dentist office, child care center, tourist home (but see "BED AND BREAKFAST"), insurance office, real estate office, cabinet, metal or auto repair shop, or other such uses shall not be deemed a home occupation.

HOSPITAL

An institution that:

Offers service more intensive than those required for room, board, personal services and general nursing care;

Offers facilities and beds for use beyond twenty-four (24) hours by individuals requiring diagnosis, treatment or care for illness, injury, deformity, infirmity, abnormality, disease or pregnancy; and

Regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

HOTEL

A building or group of buildings under one (1) ownership containing five (5) or more sleeping rooms occupied, or intended or designed to be occupied as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, including motels or motor inns, but not including an auto or trailer court or camp, sanatoriums, hospital, orphanage or building where persons are housed under restraint.

IMPROVEMENTS

See "PUBLIC IMPROVEMENTS".

INSTITUTION

A non-profit establishment for public use.

INTERIOR SETBACK

A required setback that does not front on a public street.

JUNK YARD

See "AUTOMOBILE SALVAGE YARD" and "SALVAGE YARD".

KENNEL

Any lot or premises on which four (4) or more adult dogs and cats over the age of four (4) months of age are kept.

LANDFILL

A disposal facility, licensed by the State of Missouri, employing an engineered method of disposing of solid waste, including demolition and construction debris.

LAUNDRY PLANT

An establishment that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pickup stations.

LIBRARY

A publicly-operated establishment housing a collection of books, magazines, audio and video tapes and other material for borrowing and use by the public.

LIFE CARE FACILITIES

Assisted living housing and related support services.

LIGHT INDUSTRIAL USES

A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

LOADING SPACE

A space having a minimum dimension of ten (10) feet by twenty-five (25) feet and a vertical clearance of fourteen (14) feet within the main building or on the same lot providing for the standing, loading or unloading of trucks.

LODGING ESTABLISHMENT

Any building, group of buildings, structure, facility, place, or places of business where guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, bed and breakfast or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests. This definition shall not apply to dormitories and other living or sleeping facilities owned or maintained by public or private schools, colleges, universities, or churches unless made available to the general public and not used exclusively for students and faculty, school-sponsored events, baseball camps, conferences, dance camps, equitation camps, football camps, learned professional society meetings, music camps, retreats, seminars, soccer camps, swimming camps, track camps, youth leadership conferences, or church-sponsored events. (Mo DHSS title 19CSR 20.3.050]

LOT (SOMETIMES ZONING LOT)

A parcel of land lawfully platted in accordance with the subdivision regulations of the City of Lexington. Provided however, that where there exists real property within the City which has not been subdivided, then lot (sometimes zoning lot) shall be defined as a parcel of land under common ownership occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings, the yards, parking and loading spaces required herein and having its principal frontage upon a street.

Figure 1 — Lot Types And Setbacks

LOT AREA

The total horizontal area included within lot lines.

LOT, CORNER

A lot of which at least two (2) adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two (2) sides is less than one hundred thirty-five degrees (135°).

LOT DEPTH

The average distance from the front street line of the lot to its rear line, measured in the general direction of the side lines of the lot.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT FRONTAGE

That dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined herein.

LOT OF RECORD

A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds or a parcel of land, the deed of which was recorded in the office of the Register of Deeds prior to the adoption of this Chapter.

LOT WIDTH

The width of a lot at the building setback line.

LOT, ZONING

A parcel or tract of land used, developed or built upon as a unit under single ownership or control. Said parcel or tract may consist of one (1) or more lots of record, one (1) or more portions of a lot or lots of record or any combination thereof.

MANUFACTURED HOME

A structure which bears a seal indicating compliance with the Federal Manufactured Home Construction And Safety Standards established pursuant to 42 U.S.C. 5401 and constructed on or after June 15, 1976.

MANUFACTURED HOME (MOBILE HOME)

A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.

MANUFACTURED HOME PARK

Any area, piece, parcel, tract or plot of ground equipped as required for support of manufactured homes and offered for use by the owner or representative for manufactured home park purposes and/or ground upon which three (3) or more manufactured homes are parked, whether for compensation or not, including all accessory uses thereof. The term "manufactured home park" does not include sales lots of which unoccupied manufactured homes are parked for the purpose of inspection and sale.

MANUFACTURED HOME — RESIDENTIAL DESIGN

A manufactured home which is designed with the same appearance of an on-site, conventionally built, single-family dwelling and satisfies the criteria established in use regulations.

Figure 2 Manufactured Home Residential Design

Residential Character:	Architectural Details:	Manufactured Home Features:
Covered entry	Window elements	Horizontal lap siding
Front porch		Permanent masonry foundation
Landscaping		Double-wide manufactured home
Pitched roof

MANUFACTURED HOME SALES

An establishment primarily engaged in the display and sale of manufactured homes.

MANUFACTURING AND ASSEMBLY

Establishments engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding "basic industry".

MASSAGE SHOP

An establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third (3rd) person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.

MATERIALS RECOVERY FACILITY

A facility in which source separated co-mingled recyclable materials, such as newspapers, glass, metals and plastic containers, are stored, flattened, crushed and/or bundled prior to shipment to others who will use those materials to manufacture new products.

MEDICAL SERVICE

An establishment providing therapeutic, preventive or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provisions of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists, blood banks and medical laboratories.

MILITARY SERVICE

A facility used or intended to be used by a branch of the U.S. Armed Forces, including military reserves.

MINING OR QUARRYING

The extraction of metallic and non-metallic minerals, excluding oil or natural gas. Typical uses include sand and gravel pit operations, quarries and mines.

MOBILE HOME

A transportable, factory-built home larger than three hundred twenty (320) square feet in floor area designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards Act of 1974, which became effective for all mobile home construction on June 15, 1976. In traveling mode, the structure is eight (8) body feet in width or forty (40) body feet or more in length.

MOBILE HOME PARK

Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and shall include all buildings used or maintained for the use of the residents of the development.

MODELING STUDIO

An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools wherever persons are enrolled in a class.

Figure 3 Modular Home

Residential Character:	Architectural Details:	Modular Features:	Permanent Features:
Pitched roof	Eave projection	Modules for on-site construction	Walkway and stairs
Covered entry Enclosed garage	Varying depths Ornamental windows		Formal landscaping

MODULAR HOME

A manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials and Code Administrators International, Inc. (BOCA) or the International Conference of Building Officials (ICBO) that is inspected and certified at the factory so that it meets said standard. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures, as required of a manufactured home — residential design, and shall be permanently situated on a concrete foundation.

MOTEL

See HOTEL.

MOTOR INN

See HOTEL.

MULTI-FAMILY RESIDENTIAL

The use of a site for three (3) or more dwelling units within a single building. Typical uses include triplexes, four-plexes, apartments and residential condominiums.

NON-CONFORMING BUILDING OR STRUCTURE

A building or structure whose size, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter, but which would be prohibited or further restricted as to type or number under the terms of this Chapter. This may include, but is not limited to, failure to conform to use, height, area, coverage or off-street parking requirements.

NON-CONFORMING LOT

A lot whose area, dimensions or location was lawful prior to the adoption, revision or amendment of this Chapter, but which would be prohibited or further restricted under the terms of this Chapter.

NON-CONFORMING USE

The use of land or a building, or a portion thereof, that does not conform with the use regulations of the district in which it is situated.

NON-TRANSIENT LODGING ESTABLISHMENT

Any establishment as defined under "lodging establishment" designed for occupancy by a person or persons who pay rent for dwelling, lodging, or sleeping purposes and which are advertised or held out to the public as a place regularly rented to guests for periods of thirty (30) consecutive days or more.

NURSING HOME

A building or buildings in which elderly, chronically ill and disabled persons who are patients therein will be provided full support living facilities including twenty-four (24) hour nursing supervision.

OCCUPIED

A structure, building, mobile home, vehicle, or other place suitable for human occupancy which has a person/persons living in, dwelling in, inhabiting, residing in, or working in said structure, building, mobile home, vehicle, or other place, and such structure, building, mobile home, vehicle, or other place is legally connected to and using all of the following:

[Ord. No. 2013-26 § I, 8-13-2013]

An approved and functioning method of wastewater treatment and disposal;

The public electrical system;

An approved and functioning water supply.

OFFICE, GENERAL

An establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.

OIL OR GAS DRILLING/REFINING

The subsurface extraction or refining of oil or natural gas.

PARCEL

A lot or contiguous group of lots in single ownership or under single control, usually considered a unit for purposes of development.

PARKING AREA, OFF-STREET

An all-weather surface (concrete, asphaltic concrete or other comparable surface) enclosed or unenclosed for the short-term storage of automobiles..

PARKING LOT, COMMERCIAL

Area used or intended to be used for off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.

PARKING SPACE

A permanently surfaced area, enclosed or unenclosed, sufficient in size to store one (1) motor vehicle together with a permanently surfaced driveway connecting the parking spaces with a street or alley and permitting ingress and egress of a motor vehicle.

PARKS AND RECREATION

A park, playground or community facility owned by or under the control of a public agency or homeowners' association that provides opportunities for active or passive recreational activities.

PAVED SURFACE OR PERMANENT SURFACE

A permanently sealed, non-dust producing surface such as poured concrete, asphalt, brick or paving stones. Rock, gravel, sand and shale are not considered suitable materials for a paved or permanent surface.

PERMANENT FOUNDATION

A poured concrete, concrete block or brick foundation that extends thirty-six (36) inches below grade or a poured concrete slab with a continuous perimeter footing that extends thirty-six (36) inches below grade.

PERMANENT GUEST

Any person who rents and occupies a guest room in a lodging establishment for a period of thirty (30) consecutive days or more. A permanent reservation for any room is not synonymous with permanent resident. A permanent resident is not subject to tax on their lease or rental payments.

PERSON

Any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic and including any trustee, receiver, assignee or other similar representative thereof.

PERSONAL SERVICES

An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barber shops, shoe repair shops and tailor shops.

PLANNED UNIT DEVELOPMENT

A development planned in accordance with the provisions of Article IV of this Chapter.

PLANNING COMMISSION

The Commission appointed by the Governing Body to administer the planning and zoning regulations as stipulated by the Governing Body and the Statutes of the State.

PORTABLE STORAGE CONTAINER

A portable, weather-resistant, commercially designed container, pod or receptacle that does not have a permanent foundation or footing and is used for the storage or shipment of personal property, building materials or merchandise. Such structures shall not be considered a building.

[Ord. No. 2021-12, 8-10-2021]

POST OFFICE

A facility used for the collection, sorting and distribution of U.S. mail among several zip code areas and having limited retail services for the public, such as the sale of stamps, postcards and postal insurance.

PRELIMINARY DEVELOPMENT PLAN

A preliminary site plan that shall be submitted to the Zoning Administrator prior to submission of the final site plan.

PRINTING AND PUBLISHING

The production of books, magazines, newspapers and other printed matter, and record pressing and publishing, engraving and photoengraving, but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services.

PRINT SHOP

A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing.

PRIVATE CLUB

A non-profit association of persons whose members organized for some purpose and whose facilities are restricted to members and their guests; not including groups organized to render a service customarily carried on as a commercial enterprise.

PUBLIC IMPROVEMENTS

The installation, construction, addition or betterment of any existing or new physical development dedicated to or intended for public use including, but not limited to, streets, sidewalks, parks, sewers, storm water control, street lighting and other utilities.

PUBLIC UTILITY

Utilities such as electric, gas, water, telephone, cable, etc., providing services to the general public.

RECREATION AND ENTERTAINMENT, INDOOR

An establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades. Does not include those uses considered as parks and recreation.

RECREATION AND ENTERTAINMENT, OUTDOOR

An establishment offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters and miniature golf courses. Does not include those uses considered as parks and recreation.

RECREATION VEHICLE

Any of the following vehicles which are licensed for travel on the highway: travel trailer (a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer); pickup coach (a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation); motorhome (as a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle); and camping trailer (as a canvas material or metal folding structure, mounted on wheels and designed for travel, recreation and vacation use).

RECREATION VEHICLE PARK

Land used or intended to be used for occupancy by recreational vehicles for transient living purposes, including the use of camping spaces for tents.

RECYCLING COLLECTION CENTER

A facility which is not larger than one thousand (1,000) square feet in size and is designed for the collection of aluminum and steel cans, glass, plastic containers, papers and other usable materials for their redistribution for sale or reutilization. This definition does not include processing equipment or storage.

RECYCLING PROCESSING CENTER

A facility designed for the purpose of collecting, redistributing and processing recyclable materials. Activities may include the receipt, separation, storage, conversion, bailing and/or processing of paper, iron, metal, glass, newspaper, and other non-biodegradable materials. Hazardous and biodegradable materials, as determined by the Missouri Department of Natural Resources, including, but not limited to, food, beverages, drugs, cosmetics, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides, and other similar materials, shall not be brought into or handled by a recycling processing center.

RELIGIOUS ASSEMBLY

A site used by a religions group primarily or exclusively for religious worship and related religious services, including a place of worship, retreat site or religious camp.

REPAIR SERVICE

An establishment primarily engaged in the provision of repair services to individuals and households, but excluding "vehicle repair" services. Typical uses include appliance repair shops.

RESEARCH SERVICE

An establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.

RESTAURANT, FAST-FOOD

A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.

RESTAURANT, GENERAL

A building wherein food is prepared and served in ready-to-eat form to the public for human consumption. The term restaurant shall include cafe, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.

RETAIL

Refers to the sale of commodities and services directly to customers, when such commodities and services are used or consumed by the customer and not purchased primarily for the purpose of resale.

RETAIL SALES AND SERVICE

An establishment engaged in the sale or rental of goods and services including, but not limited to, antique shops, apparel and accessory stores, art and supply stores, bicycle shops, book and stationery stores, barber and beauty shops, candy and ice cream stores, cigar and tobacco stores, dressmakers and tailors, flower and gift shops, hobby shops, interior decorators, jewelry stores, key shops, leather goods and luggage stores, music instrument sales and repair, photocopying services, shoe repair and shoe shine stores, sporting and athletic goods, toy stores and department stores; excluding uses more specifically defined.

ROADSIDE STAND

A structure erected for the display and sale of agricultural products that may or may not be located on a zoning lot where the principal use is agricultural. Requires appropriate commercial zoning and must comply with all site and structure provisions of the applicable zoning district and may sell up to five (5) products not of an agricultural nature. Products sold are generally grown off the zoning lot where such stand is located.

ROOMING HOUSE AND TOURIST HOME

See "BED AND BREAKFAST".

SAFETY SERVICE

A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

SALVAGE YARD

An area where junk, waste, discarded or salvaged materials are sold, exchanged, stored, baled, parked, disassembled, handled or prepared for recycling, including auto and building salvage yards.

SANATORIUM

An institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.

SCHOOL, ELEMENTARY, MIDDLE OR HIGH

A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the State.

SCHOOL, PRIVATE

Any school other than a public school, including schools owned and operated by a business establishment, a foundation or an institution, as well as private or parochial elementary, junior or senior high schools.

SCHOOL, PUBLIC

Any school operated by a public school district or by a City, County, State or Federal Government agency.

SCHOOLS FOR DEVELOPMENTALLY DISABLED

Schools with specific charter for disabled students.

SCREENING

Screening and enclosure required for permitted outdoor storage shall be by means of a fence, wall or berm, in combination with landscaping, designed to create a minimum of seventy-five percent (75%) opacity. Crates, boxes, trailers or other temporary storage facilities shall not be considered appropriate screening materials.

SERVICE FLOOR AREA

The total floor area of a building exclusive of stairways, restrooms, storage rooms, hallways or other areas which are not regularly used by visitors, clients, customers, patients or patrons in their normal everyday use of the building.

SERVICE STATION, AUTOMOTIVE

A use primarily engaged in the retail sale of gasoline or other motor fuels primarily to automobiles and passenger vehicles, along with accessory activities such as the sale of lubricants, accessories or supplies, the lubrication of motor vehicles, and the minor adjustment or repair of passenger motor vehicles. Uses involved primarily in the sale of diesel fuel, gasoline or other fuels to tractor trucks and uses that feature parking, storage or servicing of tractor trucks or semi-trailers shall be classified as "truck stop service stations."

SERVICE STATION, TRUCK STOP

A use primarily engaged in the sale of diesel fuel, gasoline or other fuels to tractor trucks, along with accessory activities such as the sale of lubricants, accessories or supplies, or the servicing of tractor trucks or semi-trailers. A truck stop service station may include, as an accessory use, the parking and storage of tractor trucks and semi-trailers.

SETBACK

The distance that is required by this zoning ordinance to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located. (Note: The term "setback" refers to a required minimum area, while the term "yard" refers to the actual open area.)

SHIPPING CONTAINER

All shipping containers are essentially large boxes used to ship cargo by land, air or sea. (See "cargo container.")

[Ord. No. 2021-12, 8-10-2021]

SHOOTING RANGE

An indoor or outdoor facility used or intended to be used for the discharge of firearms at targets.

SIGHT TRIANGLE/SIGHT LINE

A triangular area including parkway at a street intersection that must remain clear of sight obstructions and in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the crowns of the adjacent roadways.

Figure 4 — Sight Triangle Minimum Standards

SIGN

Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.

SINGLE-FAMILY RESIDENTIAL, ATTACHED

The use of a site for two (2) or more dwelling units that are constructed with common or abutting walls and with each dwelling unit located on its own separate lot. Typical uses include town houses and twin homes.

SINGLE-FAMILY RESIDENTIAL, DETACHED

The use of a lot for only one (1) principal dwelling unit that is not connected to any other dwelling unit. This definition shall include, as defined by these regulations, "manufactured homes — residential design" and "modular homes" but shall exclude "manufactured homes".

SITE DEVELOPMENT PLAN

A plan drawn at a scale of not less than one hundred (100) feet equals one (1) inch which shows the topographic characteristics of the site at a contour interval of not more than five (5) feet; the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. For purposes of this Chapter, the size of a parking space for one (1) vehicle shall consist of a rectangular area having dimensions of not less than nine (9) feet by twenty (20) feet plus adequate area for ingress and egress.

SOLID WASTE COLLECTION/PROCESSING

Recycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.

SOLID WASTE TRANSFER STATION

A facility where solid waste or recyclable material is transferred from collection vehicles (some sorting may occur) to long distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.

STABLE, COMMERCIAL

Any building where horses, mules or ponies are sheltered, fed and/or kept for hire.

STABLE, PRIVATE

A detached accessory building for the keeping of horses, mules or ponies owned by the occupants of the premises and not kept for remuneration, hire or sale.

STABLE, PUBLIC

A stable, other than a private stable, with a capacity for more than two (2) horses or mules.

STOCKYARD

A non-farm-based facility used or intended to be used for selling or holding livestock.

STORAGE BUILDING/STRUCTURE

Any accessory building built and used to store goods and materials owned by the occupant of the principal building or user of the property. (Also see "accessory building or structure.")

[Ord. No. 2021-12, 8-10-2021]

STORAGE CONTAINER

Refers to any container that is used to store products, regardless of its size.

[Ord. No. 2021-12, 8-10-2021]

STORY

That portion of a building, located completely above grade, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished for use. A half-story may be used for occupancy only in conjunction with and by the occupants of the floor immediately below.

STREET

All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements thereon. Any public thoroughfare which affords the principal means of access to abutting property.

STREET, INTERSECTING

Any street which joins another street whether or not it crosses the other.

STREET LINE

A dividing line between a lot, tract or parcel of land and a contiguous street, business, industrial or residential areas.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.

STRUCTURE

Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground including, but without limiting the generality of the foregoing, advertising signs, backstops for tennis courts and pergolas.

STUDIO, RADIO, TELEVISION, FILM OR MUSIC

An establishment primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.

SWIMMING POOL, PRIVATE

A recreation facility designed and intended for water contact activities that is operated as a private pool on the premises of a private residence, above or below ground, capable of retaining more than two (2) feet of water.

SWIMMING POOL, PUBLIC

A recreation facility designed and intended for water contact activities that is operated as a business or as a club unless such club is associated with a neighborhood club or similar organization. The same as private pool but operated as a commercial business. Public swimming pools shall conform to County Health Department requirements.

TEMPORARY USES

A use which is only allowed for a specified period of time. Typical temporary uses include, but are not limited to, Christmas tree sales, garage sales, road stands, etc.

TOTAL FLOOR AREA

The square foot area of a building, including accessory buildings, measured from outside wall surfaces and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.

TOURIST CABIN

See definition of "HOTEL/MOTEL".

TOWNHOUSE

A dwelling unit located in a group of three (3) or more attached town house dwelling units with no other dwelling unit located above or below another and with each dwelling unit having at least one (1) interior common wall and a private exterior entrance.

TOWN HOUSE SITE

A town house, the total land area beneath the town house and the facilities associated with the town house.

TOWN HOUSE STRUCTURE

A grouping of three (3) or more townhouses.

TRAILER, HAULING

A vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities, including boats.

TRAILER, TRAVEL OR CAMPING

A portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants.

TRANSIENT GUEST

Any person who rents and occupies a guest room in a lodging establishment for a period of less than thirty (30) days.

TRANSIENT LODGING ESTABLISHMENT

TRANSITIONAL LIVING FACILITY

A State licensed group care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more restrictive custodial confinement and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse, community re-entry training and aid for independent living. No more than ten (10) persons, including staff, shall reside in the center at one time.

No transitional living center shall be located within one thousand two hundred fifty (1,250) feet of any other transitional living center or substance abuse treatment facility, nor shall a transitional living center be located within three hundred (300) feet of any school, church or an "R-1", "R-2", "R-3" zoned property.

USED CAR LOT OR SALES

The annual sale of more than four (4) used vehicles not in conjunction with an automotive sales establishment.

UTILITY, MAJOR

Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility" shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Section.

UTILITY, MINOR

Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

VARIANCE

A variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.

VEHICLE, MOTOR

Any self-powered vehicle moving on wheels or runners used as a means of transport.

VEHICLE AND EQUIPMENT SALES

An establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance activities. Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, moving trailer rental, and farm equipment and machinery sales and rental.

VEHICLE/EQUIPMENT STORAGE YARD

An outdoor area used or intended to be used for long-term storage of vehicles and equipment, other than a "commercial parking lot" or accessory parking to a principal use.

VEHICLE REPAIR, GENERAL

An establishment primarily engaged in painting of or body work to motor vehicles or heavy equipment. Typical uses include paint and body shops.

VEHICLE REPAIR, LIMITED

A use providing automobile repair or maintenance services within completely enclosed buildings, but not including "general vehicle repair" services.

VEHICLE REPAIR SERVICES

Garages specializing in vehicle repair, including body shops.

VOCATIONAL SCHOOL

A use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "college or university" or "school".

WAREHOUSE, RESIDENTIAL STORAGE

An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.

WAREHOUSING AND WHOLESALE

An establishment primarily engaged in the storage or sale of materials, equipment or products or sale to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but exclude "residential storage warehouses" and sale of goods to the general public.

WELDING OR MACHINE SHOP

A workshop where machines, machine parts or other metal products are fabricated. Typical uses include machine shops, welding shops and sheet metal shops.

YARD

An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except where otherwise specifically provided for in this Chapter that an accessory building may be located in a portion of a yard required for a main building. In measuring a yard for the purpose of determining the width of the side year, the depth of the front yard or the depth of the rear yard, the least horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.

YARD, REAR

A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall in all cases be at the opposite end of the lot from the front yard.

YARD, SIDE

A yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.

ZONE OR DISTRICT

A section of the zoning area for which uniform regulations governing the use, height, area, size and intensity of use of structures, land and open space are herein established.

ZONING ADMINISTRATOR

The person designated by the City to enforce and administer the provisions of this Chapter or their duly appointed representative(s).

ZONING AREA

The area to be zoned as set out on the official Zoning Map filed of record.

ZONING REGULATIONS

The term "zoning regulations" or "these regulations" shall mean the requirements stipulated in the regulations herewith attached and shall mean the lawfully adopted zoning ordinances of the City of Lexington.

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