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]
1.
Detached garage, gazebo, picnic pavilion, boathouse, small private
greenhouse, storage building or similar structure.
2.
Note: The following items are not storage buildings within the
intent of this definition:
a.
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).
b.
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:
1.
An amount less than thirty percent (30%) of its annual gross
receipts derived from:
a.
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
b.
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
2.
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
3.
An amount less than thirty percent (30%) of its floor area at
any time allocated to:
a.
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
b.
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:
1.
Thirty percent (30%) or more of its annual gross receipts derived
from:
a.
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
b.
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
2.
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
3.
Thirty percent (30%) or more of its floor area at any time allocated
to:
a.
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
b.
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.
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 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 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".)
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.
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]
1.
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."
2.
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.
4.
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".
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.
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.
CITY BUILDING OFFICIAL
Inspects and approves building projects within the City of
Lexington. May also provide various engineering services to the City.
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.
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, 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.
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.
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.
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.
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.
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.
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".
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.
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.
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:
1.
Each lot and/or homeowner in a planned unit or other described
land area is automatically a member; and
2.
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
3.
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:
1.
Offers service more intensive than those required for room,
board, personal services and general nursing care;
2.
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
3.
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.
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.
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
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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 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
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Residential Character:
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Architectural Details:
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Manufactured Home Features:
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Covered entry
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Window elements
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Horizontal lap siding
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Front porch
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Permanent masonry foundation
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Landscaping
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Double-wide manufactured home
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Pitched roof
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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.
Residential Character:
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Architectural Details:
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Modular Features:
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Permanent Features:
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Pitched roof
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Eave projection
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Modules for on-site construction
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Walkway and stairs
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Covered entry Enclosed garage
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Varying depths Ornamental windows
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Formal landscaping
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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.
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]
1.
An approved and functioning method of wastewater treatment and
disposal;
2.
The public electrical system;
3.
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.
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.
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.
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.
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
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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 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.
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.
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.
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
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
less than thirty (30) days.
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.
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.