[Ord. No. 80-22 Art. II § 1, 12-2-1980; Ord. No. 95-03 § II, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007]
A.
General Description. This district is intended to
provide a location for the land situated on the fringe of the urban
area that is used for agricultural purposes, but will be undergoing
urbanization in the future. Most of these areas will be in close proximity
to residential and commercial uses. Therefore, the agricultural activities
conducted in this district should not be detrimental to urban land
uses. It is not intended that this district provide a location for
a lower standard of residential, commercial or industrial development
than is authorized in other districts. The types of uses, area and
intensity of use of land which is authorized in this district is designed
to encourage and protect agricultural uses until urbanization is warranted
and the appropriate change in district classification is made.
B.
Uses Permitted By Right. Property and buildings
in an "A-1" General Agricultural District shall be used only for the
following purposes.
2.
The raising of farm animals in accordance with the ordinances of
Lexington but not the operation of commercial feed pens for cattle.
On all tracts of land containing less than forty (40) acres, the raising
of hogs shall be prohibited, and on all other tracts the number of
hogs shall not exceed twenty (20). Hogs shall not be located closer
than two hundred (200) feet from the property line of the tract on
which they are located.
3.
Bulletin board or sign not exceeding forty (40) square feet in area
appertaining to the lease, hire or sale of a building or premises,
which board or sign shall be removed as soon as the premises are leased,
hired or sold.
4.
Accessory buildings which are not a part of the main building, including
barns, sheds, and other farm buildings, private garages and accessory
buildings which are a part of the main building.
C.
Uses Permitted On Review.
2.
Sign or display, not exceeding two (2) in number, advertising the
residential, commercial or industrial development of the land on which
the sign or display is situated. All signs or displays shall be removed
immediately upon completion of the development, but in no case shall
they be permitted to remain longer than three (3) years from the date
of issuance of the special permit. The type, location and lighting
of the sign or display shall be such as to not be detrimental to the
use of adjacent properties or to restrict sight distance on public
streets.
3.
Drilling for oil, water or natural gas or the extraction of said,
gravel, limestone or minerals; provided that the operation is conducted
in accordance with the provisions of the ordinances of Lexington and
the State laws and regulations relating thereto.
D.
Area Regulations.
1.
Front yard. All buildings shall be set back from
street right-of-way lines to comply with the following front yard
requirements:
a.
The minimum depth of the front yard shall be thirty (30) feet.
b.
If twenty-five percent (25%) or more of the lots on one (1) side
of the street between two (2) intersecting streets are improved with
buildings all of which have observed an average setback line of greater
than thirty (30) feet, and no building varies more than five (5) feet
from this average setback line, then no building shall be erected
closer to the street line than the minimum setback so established
by existing buildings; but this regulation shall not require a front
yard of greater depth than forty (40) feet.
c.
When a yard has double frontage, the front yard requirements shall
be provided on both streets.
2.
Side yard.
a.
For dwellings located on interior lots, there shall be a side yard on each side of the main building or not less than fifteen (15) feet, except as hereinafter provided in Article III, Section 29-27. For unattached buildings of accessory use, there shall be a side yard of not less than five (5) feet; provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side lot line where all parts of the accessory buildings are located not less than sixty (60) feet from the front property line.
b.
For dwellings and accessory located on corner lots, there shall be
a side yard setback from the intersecting street of not less than
twenty (20) feet in case such lot is back to back with another corner
lot, and twenty-five (25) feet in every other case. The interior side
yard shall be the same as for dwellings and accessory buildings on
an interior lot.
c.
Churches and main and accessory buildings, other than dwellings and
buildings accessory to dwellings shall set back from all exterior
and interior side lot lines a distance of not less than thirty-five
(35) feet.
3.
Rear yard. There shall be a rear yard for a main
building of not less than thirty (30) feet or twenty percent (20%)
of the depth of the lot, whichever amount is smaller. Unattached buildings
of accessory use may be located in the rear yard of a main building.
4.
Lot width. For dwellings there shall be a minimum
lot width of one hundred twenty (120) feet at the front building line,
and such lot shall abut on a street for a distance of not less than
thirty-five (35) feet.
5.
Intensity of use.
a.
For each dwelling and building accessory thereto, there shall be
a lot area of not less than five (5) acres.
b.
Where a lot has less area than herein required and all of the boundary
lines of that lot touch lands under other ownership at the effective
date of this Chapter, that lot may be used for one (1) single-family
dwelling unit or for the uses set forth in Subsection (B) above, but
not for the raising of animals.
6.
Coverage. Main and accessory buildings shall not
cover more than twenty-five percent (25%) of the lot area on interior
lots and thirty percent (30%) of the lot area on corner lots. Accessory
buildings shall not cover more than twenty percent (20%) of the rear
yard.
F.
Historic Classification. Any lot or structure with the supplemental classification "H, or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. I § 2, 12-2-1980; Ord. No. 88-6 § 1, 4-26-1988; Ord.
No. 95-03 § III, 4-11-1995; Ord. No. 98-40 § 2, 12-8-1998; Ord.
No. 2006-10 § 2, 3-28-2006; Ord. No. 2007-33 § 1, 9-5-2007; Ord.
No. 2008-02 § 1, 1-8-2008]
A.
General Description.
1.
This is the most restrictive residential district. The principal
use of land is for single-family dwellings and related recreational,
religious and educational facilities normally required to provide
the basic elements of a balanced and attractive residential area.
These areas are intended to be defined and protected from the encroachment
of uses not performing a function necessary to the residential environment.
Internal stability, attractiveness, order and efficiency are encouraged
by providing for adequate light, air and open space for dwellings
and related facilities and through consideration of the proper functional
relationship of each element.
2.
Single-family dwelling. A single-family dwelling
shall consist of living, dining and sleeping rooms, storage closets,
space and equipment for cooking, bathing and toilet facilities, all
to be used by one (1) family.
B.
Uses Permitted By Right. Property and buildings
in an "R-1" Single-Family Residential District shall be used only
for the following purposes:
2.
Detached single-family dwellings except when used as a group home
as defined by Section 89.020, RSMo.
3.
Garden or agricultural crops but not for the raising of livestock.
4.
Bulletin board or sign not exceeding forty (40) square feet in area
appertaining to the lease, hire or sale of a building or premises,
which board or sign shall be removed as soon as the premises are leased,
hired or sold.
5.
Temporary building of the construction industry which is incidental
to the erection of buildings permitted in this district and which
shall be removed when construction work is completed.
C.
Uses Permitted On Review.
2.
Sign or display not exceeding two (2) in number advertising the residential,
commercial or industrial development of the land on which the sign
or display is situated. All signs or displays shall be removed immediately
upon completion of the development, but in no case shall they be permitted
to remain longer than three (3) years from the date of issuance of
the special permit. The type, location and lighting of the sign or
display shall be such as to not be detrimental to the use of adjacent
properties or to restrict sight distance on public streets.
3.
Greenhouse; provided the lot shall have a frontage on a major street
of not less than eighty (80) feet with a land area of not less than
twenty thousand (20,000) square feet and the greenhouse shall be located
within three hundred (300) feet of a major street with a setback from
the side lot lines of not less than twenty-five (25) feet and in accordance
with front building line requirements.
4.
Detached single-family dwelling used as a group home as defined by
Section 89.020, RSMo. The review shall only determine that (1) the
exterior appearance of the group home and property shall be in reasonable
conformance with the general neighborhood standards, and (2) no group
home shall be located within one thousand two hundred fifty (1,250)
feet of another group home measured as the shortest distance between
any portion of such structures.
a.
Should a single-family dwelling or single-family residence as defined
in Subsection (C)(4) above cease to operate for the purpose set forth
in Subsection (C)(4) above, any other use of such home, other than
allowed by Lexington zoning restrictions, must be approved by the
Lexington Zoning Commission.
b.
A group home as allowed in Subsection (C)(4) does not require the
City to allow non-related individuals recovering from alcohol or drug
abuse to live in a single-family residence in a single-family residential
district.
D.
Area Regulations. All buildings shall be set back
from the property lines to comply with the following yard requirements.
1.
Front yard.
a.
The minimum depth of the front yard shall be thirty (30) feet.
b.
If twenty-five percent (25%) or more of the lots on one (1) side
of the street between two (2) intersecting streets are improved with
buildings, all of which have observed an average setback line of greater
than thirty (30) feet, and no building varies more than five (5) feet
from this average setback line, then no building shall be erected
closer to the street line than the minimum setback so established
by the existing building; but this regulation shall not require a
front yard of greater depth than forty (40) feet.
c.
When a yard has double frontage, the front yard requirements shall
be provided on both streets.
2.
Side yard.
a.
For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent (10%) of the width of the lot at the building line, provided that such side yard shall not be less than five (5) feet in width nor required to be more than ten (10) feet, except as hereinafter provided in Article III, Section 29-27. For unattached buildings of accessory use, there shall be a side yard of not less than five (5) feet; provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side lot line when all parts of the accessory building are located not less than sixty (60) feet from the front property line.
b.
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than twenty (20) feet.
c.
Churches and main and accessory buildings, other than dwellings and
buildings accessory to dwellings, shall set back from all exterior
and interior side lot lines a distance of not less than thirty-five
(35) feet.
3.
Rear yard. There shall be a rear yard for a main
building of not less than twenty (20) feet or twenty percent (20%)
of the depth of the lot, whichever is smaller. Unattached buildings
of accessory use may be located in the rear yard of a main building
with a setback of five (5) feet from the property line.
4.
Lot width.
a.
For dwellings there shall be a minimum lot width of sixty-five (65)
feet at the front building line, and such lot shall abut on a street
for a distance of not less than thirty-five (35) feet.
b.
A lot of record as of the effective date of this Chapter, platted
or existing, at a width of less than sixty-five (65) feet shall be
deemed to meet the minimum lot width requirement.
5.
Intensity of use.
a.
For each dwelling and accessory thereto, there shall be a lot area
of not less than seven thousand eight hundred (7,800) square feet.
6.
Coverage. Main and accessory buildings shall not
cover more than twenty-five percent (25%) of the lot area on interior
lots and thirty percent (30%) of the lot area on corner lots; accessory
buildings shall not cover more than twenty percent (20%) of the rear
yard. Garages may be detached or integral to the primary structure.
a.
The size of a single-family dwelling (comprised of living, dining
and sleeping rooms, storage closets, and space and equipment for cooking,
bathing and toilet facilities) shall not be less than:
b.
Garages attached to the principal building shall be structurally
a part thereof and shall comply with the requirements of ordinances
applicable to the principal building. Such garage's total area shall
not exceed fifty percent (50%) of the on foundation first floor living
area of the principal residence; however, a garage area of four hundred
eighty (480) square feet is permitted regardless of the on foundation
living area of the primary dwelling.
[Ord. No. 2015-17 § I, 7-14-2015]
c.
A garage which is not a part of the principal building shall conform
to the size requirements of Subsection (D)(6)(b) above and shall not
be closer than fifteen (15) feet to the principal building, shall
have a setback of not less than the principal building, shall share
the architectural design of the principal building and shall conform
to the side and rear yard setbacks of the district in which it is
located.
E.
Accessory Buildings.
1.
Accessory buildings, shall not be closer than fifteen (15) feet to
the principal building and shall conform to the side and rear yard
setbacks of the district in which it is located.
2.
The combined square footage of accessory buildings, primary dwelling
(including integral garage) or detached garage (if any) cannot exceed
the limits as set forth in this Section (29-10), Subsections (D)(6)
or (G)(4), as applicable.
3.
Side wall height shall not exceed ten (10) feet.
F.
Historical Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
G.
Non-Conforming Subdivision Plots. Where areas that
were platted and recorded before 1964, and where the lot area or width
is less than specified in the other City ordinances, lots that fall
under this regulation will be authorized for single-family dwellings
when in compliance with the following:
1.
Front yard. The dwelling is to be placed in line
with other existing homes in the area when possible. If it is not
desired to maintain the existing setback with other dwellings in the
area, a variance in the setback limit must be requested by a use on
review permit to be sent to the Planning and Zoning Committee.
2.
Side yard. For interior lots, side yards shall be
ten percent (10%) of the width of the lot and the dwelling located
no closer than five (5) feet to the property line, providing that
the dwelling proposed is a single-story structure. For dwellings located
on corner lots, there shall be a side yard setback from the intersecting
street of not less than twelve (12) feet. All outbuildings shall be
set back not less than three (3) feet from the property line.
3.
Rear yard. There shall be a rear yard for a main
building of not less than ten (10) feet or fifteen percent (15%) of
the lot's depth, whichever is smaller. Outbuildings may be located
in the rear yard with a setback of three (3) feet from alley line
and one (1) foot from property line.
4.
Coverage. Main and accessory building shall not
cover more than sixty percent (60%) of the lot area on interior lots
and sixty-five percent (65%) of the lot area on corner lots. Accessory
buildings shall not cover more than fifty-five percent (55%) of the
rear yard.
[Ord. No. 80-22 Art. II § 3, 12-2-1980; Ord. No. 95-03 § IV, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007]
A.
General Description. This is a residential district
to provide for a slightly higher population density but with basic
restrictions similar to the "R-1" District. The principal use of land
is for single-family and two-family dwellings and related recreational,
religious and educational facilities normally required to provided
a balanced and attractive residential area. These areas are intended
to be defined and protected from the encroachment of uses not performing
a function necessary to the residential development. Internal stability,
attractiveness, order and efficiency are encouraged by providing adequate
light, air and open space for dwellings and related facilities and
through the consideration of the proper functional relationship and
arrangement of each element.
D.
Area Regulations. All buildings shall be set back
from street right-of-way and property lines to comply with the following
yard requirements.
1.
Front yard.
a.
The minimum depth of the front yard shall be thirty (30) feet.
b.
If twenty-five percent (25%) or more of the lots on one (1) side
of the street between two (2) intersecting streets are improved with
buildings, all of which have observed an average setback line of greater
than thirty (30) feet, and no building varies more than five (5) feet
from this average setback line, then no building shall be erected
closer to the street line than the minimum setback so established
by the existing buildings; but this regulation shall not require a
front yard of greater depth than forty (40) feet.
c.
When a yard has double frontage, the front yard requirements shall
be provided on both streets.
2.
Side yard.
a.
For dwellings located on interior lots, there shall be a side yard on each side of the main building of not less than ten percent (10%) of the width of the lot at the building line, provided that such side yard shall not be less than five (5) feet in width nor required to be more than ten (10) feet, except as hereinafter provided in Article III, Section 29-27. For unattached buildings of accessory use, there shall be a side yard of not less than five (5) feet; provided however, that unattached one-story buildings of accessory use shall not be required to set back more than three (3) feet from an interior side lot line when all parts of the accessory buildings are located not less than sixty (60) feet from the front property line.
b.
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than twenty (20) feet in case such lot is back to back with another
corner lot and twenty-five (25) feet in every other case. The interior
side yard shall be the same as for dwellings and accessory buildings
as for an interior lot.
c.
Churches and main and accessory buildings, other than dwellings and
buildings accessory to dwellings, shall set back from all exterior
and interior side lot lines a distance of not less than thirty-five
(35) feet.
3.
Rear yard. For main buildings, other than garage
apartments, there shall be a rear yard of not less than twenty, (20)
feet or twenty percent (20%) of the depth of the lot, whichever is
smaller. Garage apartments may be located in the rear yard of a single-family
dwelling, but shall not be located closer than ten (10) feet to the
rear lot line. Unattached buildings of accessory use may be located
in the rear yard of a main building.
4.
Lot width.
a.
For dwellings there shall be a minimum lot width of sixty-five (65)
feet at the front building line, and such lot shall abut on a street
for a distance of not less than thirty-five (35) feet.
b.
A lot of record as of the effective date of this Chapter, platted
or existing, at a width of less than sixty-five (65) feet shall be
deemed to meet the minimum lot width requirement.
5.
Intensity of use.
a.
For each single-family dwelling and accessory building, there shall
be a lot area of not less than seven thousand eight hundred (7,800)
square feet.
b.
For each two-family dwelling and accessory building, there shall
be a lot area of not less than seven thousand eight hundred (7,800)
square feet. A garage apartment located on the same lot with a single-family
dwelling shall have the same area requirements as a two-family dwelling.
In all other cases a garage apartment shall be provided with the same
lot area required by a single-family dwelling.
c.
Where a lot has less area than herein required and all boundary lines
of that lot touch lands under other ownership on the effective date
of the Chapter, that lot may be used for any use, except churches,
permitted in the "R-1" Single-Family District.
6.
Coverage. Main and accessory buildings shall not
cover more than thirty percent (30%) of the lot area. Accessory buildings
shall not cover more than twenty percent (20%) of the rear yard.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 4, 12-2-1980; Ord. No. 95-03 § V, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007]
A.
General Description. This is a residential district
to provide for medium density ranging to fourteen (14) dwelling units
per acre. The principal use of land is for single-family dwellings,
town houses, low rise multiple-family dwellings and garden apartments.
Recreational, religious and educational uses normally located to service
residential areas are also permitted to provide the basic elements
of convenient, balanced and attractive living areas.
D.
Area Regulations. All buildings shall be set back
from street right-of-way or property lines to comply with the following
yard requirements.
1.
Front yard.
a.
The minimum depth of the front yard shall be thirty (30) feet.
b.
If twenty-five percent (25%) or more of the lots on one (1) side
of the street between two (2) intersecting streets are improved with
buildings, all of which have observed an average setback line of greater
than thirty (30) feet, and no building varies more than five (5) feet
from this average setback line, then no building shall be erected
closer to the street line than the minimum setback so established
by the existing buildings; but this regulation shall not require a
front yard of greater depth than forty (40) feet.
c.
When a yard has double frontage, the front yard requirements shall
be provided on both streets.
2.
Side yard.
a.
For detached dwellings and for unattached sides of attached dwellings
located on an interior lot, a side yard of not less than five (5)
feet shall be provided on the unattached sides of the main dwelling
for the first (1st) story and an additional three (3) feet of side
yard shall be provided for each additional story or part thereof.
For detached buildings of accessory use there shall be a side yard
of not less than five (5) feet; provided however, that detached one-story
buildings of accessory use shall not be required to set back more
than three (3) feet from an interior side lot line when all parts
of the accessory buildings are located not less than sixty (60) feet
from the front property line.
b.
For dwellings and accessory buildings located on corner lots, there
shall be a side yard setback from the intersecting street of not less
than twenty (20) feet in case such lot is back to back with another
corner lot and twenty-five (25) feet in every other case. The interior
side yard shall be the same as for dwellings and accessory buildings
on an interior lot.
c.
Churches, main and accessory buildings, other than dwellings and
trailers, shall set back from all exterior and interior side lot lines
a distance of not less than thirty-five (35) feet.
3.
Rear yard. For main buildings there shall be a rear
yard of not less than twenty (20) feet or twenty percent (20%) of
the depth of the lot, whichever is smaller.
4.
Lot width.
a.
For single-family dwellings there shall be a minimum lot width of
sixty-five (65) feet at the front building line, and the front lot
line shall abut a street for a distance of not less than thirty-five
(35) feet.
b.
For town house dwellings there shall be a minimum lot width of twenty-two
(22) feet at the front building line, and the front lot line shall
abut a street for a distance of not less than twenty-two (22) feet.
c.
For multiple-family dwellings there shall be a minimum lot width
of seventy (70) feet at the front building line and the width shall
be increased by ten (10) feet for each additional dwelling unit exceeding
three (3) which is located in the dwelling; however, the lot width
at the front building line shall not be required to exceed one hundred
fifty (150) feet; and further provided that the front lot line shall
abut a street for a distance of not less than fifty (50) feet.
5.
Intensity of use.
a.
For a single-family dwelling and accessory buildings, there shall
be a lot area of not less than seven thousand eight hundred (7,800)
square feet.
b.
For a two-family dwelling and accessory buildings, there shall be
a lot area of not less than seven thousand eight hundred (7,800) square
feet.
c.
For each town house dwelling unit and accessory buildings, there
shall be a lot area of not less than three thousand five hundred (3,500)
square feet.
d.
For a multi-family dwelling, other than a town house, there shall
be a lot area of not less than three thousand (3,000) square feet.
e.
Where a garage apartment is located on the same lot with a single-family
dwelling, there shall be a lot area of not less than seven thousand
eight hundred (7,800) square feet. When a garage apartment is located
on the same lot with a two-family or multiple-family dwelling, the
lot area shall provide not less than three thousand (3,000) square
feet more than is required for the two-family or multiple-family dwellings.
f.
Where a lot has less area than herein required and all boundary lines
of that lot touch lands under other ownership on the effective date
of this Chapter, that lot may be used for any use, except churches,
permitted in the "R-1" Single-Family Residential District.
6.
Coverage. Main and accessory buildings shall not
cover more than thirty percent (30%) of the lot area.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 5, 12-2-1980; Ord. No. 88-6 § 1, 4-26-1988; Ord.
No. 95-03 § VI, 4-11-1995; Ord. No. 97-10 § I, 5-13-1997; Ord.
No. 2007-33 § 1, 9-5-2007]
A.
General Description. Upon designation, a property,
structure or district shall receive the supplemental classification
"H" for historic significance. This is designed to preserve features
of historical and cultural significance to the City, as a primary
concern of this zoning ordinance is conservation. Lexington is unique
in that much of its rich historical past is recorded and evidenced
in the many fine old homes, shops, public buildings and other structures
scattered throughout the City. It is the purpose of this Section to
preserve and protect such structures and the integrity of their immediate
environs. Such preservation and protection is in keeping with the
recommendations of the Lexington Comprehensive City Plan and is directly
related to the public health, safety and welfare. It is not the intent
of this Section to prohibit any use other than industrial development
from occurring within a designated "H" classification. The Section
and designation is intended to provide conditions and regulations
for the protection, enhancement and perpetuation of buildings, structures,
areas, places or works of art in the City which have special historic
and cultural value for the general welfare of the public and community.
This Section is intended to provide standards and guidelines for development
and redevelopment occurring within such properties, within such districts
and on land which abuts such properties or districts.
B.
Uses Permitted On Review Only. The following uses may be permitted on review by the Lexington Historic Preservation Commission and the Lexington Planning Commission in accordance with the provisions contained in Articles VIII and IX of this Chapter. No building permit or certificate of occupancy shall be authorized until such a review has taken place and until such proposed development or redevelopment has been approved.
C.
Area Regulations. Detached one-family dwellings, churches and public buildings shall be governed by the area regulations set forth in Article II, Section 29-10, Subsection (D) of this Chapter. Commercial buildings and office buildings shall be governed by the area regulations set forth in Article II, Section 29-16, Subsection (D) of this Chapter.
[Ord. No. 80-22 Art. II § 6, 12-2-1980; Ord. No. 95-03 § VII, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008]
A.
General Description. This commercial district is
for the conduct of retail trade and to provide personal services to
meet the regular needs and for the convenience of the people of adjacent
residential area. Because these shops and stores may be an integral
part of the neighborhood closely associated with residential, religious,
recreational and educational elements; more restrictive requirements
for light, air, open space and off-street parking are made than are
provided in other commercial districts.
B.
Uses Permitted By Right. Property and buildings
in a "C-1" Neighborhood Commercial District shall be used only for
the following purposes:
2.
Only name plates and signs relating only to the use of the store
or premises or to products sold on the premises shall be permitted.
Lighted signs of flashing or intermittent type shall be prohibited;
provided however, that this shall not prevent the use of animated
signs located entirely within the building which can be seen only
from the street side of the building.
3.
Any building used for any of the uses enumerated in Chart #1 may
not have more than forty percent (40%) of its floor area devoted to
purposes incidental to the primary use. No material or goods offered
for sale or stored in connection with the uses enumerated shall be
displayed or stored outside of a building. No open display will be
permitted on sidewalks or public rights-of-way.
C.
D.
Area Regulations. All buildings shall set back from
the street right-of-way or property lines to comply with the following
yard requirements.
1.
Front yard. All buildings shall set back from the
street right-of-way line to provide a front yard having not less than
twenty-five (25) feet in depth.
2.
Side yard. On the side of a lot adjoining a dwelling
district, there shall be a side yard of not less than ten (10) feet.
Wherever the rear lot line of a corner lot abuts a dwelling district,
the side yard adjacent to the street shall be not less than fifteen
(15) feet in width. In all other cases no side yard shall be required.
3.
Rear yard. Where a commercial building is to be
serviced from the rear, there shall be provided an alleyway, service
court, rear yard or combination thereof of not less than thirty (30)
feet.
4.
Whenever any commercial district or parking lot or parking area is established so as to abut a residential district, an opaque ornamental fence, wall or dense evergreen hedge, not less than five (5) feet high and not more than six (6) feet high, shall be constructed and maintained in good condition along said abutting side or rear lot lines up to but not beyond the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article V, Section 29-47, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
5.
Outdoor storage, manufacturing, fabrication, assembly or work areas
shall be screened with a solid wall or opaque fence, or a combination
of landscaping, berm and fencing, on all sides not occupied by building
walls. The screening shall screen such areas from adjacent property
so that the areas cannot be seen from adjoining streets or lots when
viewed by a person standing on ground level. However, no screening
or fencing in excess of seven (7) feet in height shall be required
except as noted in Subsection (D)(7) below. As used in this Section,
outdoor storage shall not include merchandise displayed for sale.
No permanent open display or storage will be permitted on sidewalks
or public rights-of-way.
[Ord. No. 2023-06, 5-23-2023]
6.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental ironwork. Materials
not listed are subject to special review.
7.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for utilities protection, hazardous or dangerous area intrusion
prevention, theft prevention) but only after review and written approval
by the City Building Inspector. When electrically charged fences are
used, such fences shall be posted with warning signs or fluorescent
markings at intervals not to exceed one hundred fifty (150) feet.
Use of barbed wire or electrical fencing for agricultural purposes
does not require approval or marking.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 7, 12-2-1980; Ord. No. 95-03 § VIII, 4-11-1995; Ord.
No. 2006-10 § 3, 3-28-2006; Ord. No. 2007-33 § 1, 9-5-2007; Ord.
No. 2008-09 § 1, 3-11-2008]
A.
General Description. This commercial district is
intended for the conduct of personal and business services and the
general retail business of the community. Persons living in the community
and in the surrounding trade territory require direct and frequent
access. Traffic generated by the uses will be primarily passenger
vehicles and only those trucks and commercial vehicles required for
stocking and delivery of retail goods.
B.
Uses Permitted By Right. Property and buildings
in a "C-2" General Commercial District shall be used only for the
following purposes:
2.
Buildings, structures and uses accessory and customarily incidental
to any of the above uses; provided that there shall be no manufacture,
processing or compounding of products other than such as are customarily
incidental and essential to retail establishments.
3.
New automobile sales and services, new machinery sales and service,
and public garages; provided no gasoline is stored above ground; used
automobile and machinery sales, used automobile and machinery repairing
if conducted wholly within a completely enclosed building, but not
including automobile or machinery wrecking establishments or junk
yards.
4.
(Reserved)
C.
Uses Permitted On Review.
2.
Transitional living facility. 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. Reference Missouri Revised Statutes Section
89.143.
D.
Area Regulations. All buildings shall be set back
from the street right-of-way or property lines to comply with the
following yard requirements.
1.
Front yard. All buildings shall set back from the
street right-of-way line to provide a front yard having not less than
twenty-five (25) feet in depth.
2.
Side yard. On the side of a lot adjoining a dwelling
district, there shall be a side yard of not less than ten (10) feet.
Wherever the rear lot line of a corner lot abuts a dwelling district,
the side yard adjacent to the street shall be not less than fifteen
(15) feet in width. In all other cases no side yard shall be required.
3.
Rear yard. Where a commercial building is to be
serviced from the rear, there shall be provided an alleyway, service
court, rear yard or combination thereof of not less than thirty (30)
feet.
4.
Whenever any commercial district or parking lot or parking area is established so as to abut a residential district, an opaque ornamental fence, wall or dense evergreen hedge, not less than five (5) feet high and not more than six (6) feet high, shall be constructed and maintained in good condition along said abutting side or rear lot lines up to but not beyond the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article V, Section 29-47, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
5.
Outdoor storage, manufacturing, fabrication, assembly or work areas
shall be screened with a solid wall or opaque fence, or a combination
of landscaping, berm and fencing, on all sides not occupied by building
walls. The screening shall screen such areas from adjacent property
so that the areas cannot be seen from adjoining streets or lots when
viewed by a person standing on ground level. However, no screening
or fencing in excess of seven (7) feet in height shall be required
except as noted in Subsection (D)(7) below. As used in this Section,
outdoor storage shall not include merchandise displayed for sale.
No permanent open display or storage will be permitted on sidewalks
or public rights-of-way.
[Ord. No. 2023-06, 5-23-2023]
6.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
7.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for utilities protection, hazardous or dangerous area intrusion
prevention, the prevention) but only after review and written approval
by the City Building Inspector. When electrically charged fences are
used, such fences shall be posted with warning signs or fluorescent
markings at intervals not to exceed one hundred fifty (150) feet.
Use of barbed wire or electrical fencing for agricultural purposes
does not require approval or marking.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 8, 12-2-1980; Ord. No. 82-7 §§ 2
— 4, 3-25-1982; Ord. No. 87-0019 § 1, 12-22-1987; Ord. No. 95-03 § IX, 4-11-1995; Ord. No. 2007-33 § 1, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008; Ord.
No. 2012-01 § IV, 1-10-2012]
A.
General Description. This commercial district is
intended for the Central Business District as an area for the conduct
of personal and business services and the general retail business
of the community and multiple-family dwellings. Persons living in
the community and in the surrounding trade territory require direct
and frequent access. Traffic generated by the uses will be primarily
passenger vehicles and only those trucks and commercial vehicles required
for stocking and delivery of retail goods.
D.
Area Regulations. All buildings, other than dwellings,
shall set back from the street right-of-way or property lines to comply
with the following yard requirements.
1.
Front yard. There are no specific front yard requirements.
2.
Side yard. On the side of a lot adjoining a dwelling
district, there shall be a side yard of not less than ten (10) feet.
Wherever the rear lot line of a corner lot abuts a dwelling district,
the side yard adjacent to the street shall be not less than fifteen
(15) feet in width. In all other cases no side yard shall be required.
3.
Rear yard. Where a commercial building is to be
serviced from the rear, there shall be provided an alleyway, service
court, rear yard or combination thereof of not less than thirty (30)
feet.
4.
Whenever any commercial district or parking lot or parking area is established so as to abut a residential district, an opaque ornamental fence, wall or dense evergreen hedge, not less than five (5) feet high and not more than six (6) feet high, shall be constructed and maintained in good condition along said abutting side or rear lot lines up to but not beyond the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article V, Section 29-47, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
5.
Outdoor storage, manufacturing, fabrication, assembly or work areas
shall be screened with a solid wall or opaque fence, or a combination
of landscaping, berm and fencing, on all sides not occupied by building
walls. The screening shall screen such areas from adjacent property
so that the areas cannot be seen from adjoining streets or lots when
viewed by a person standing on ground level. However, no screening
or fencing in excess of seven (7) feet in height shall be required
except as noted in Subsection (D)(7) below. As used in this Section,
outdoor storage shall not include merchandise displayed for sale.
No permanent open display or storage will be permitted on sidewalks
or public rights-of-way.
[Ord. No. 2023-06, 5-23-2023]
6.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
7.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for utilities protection, hazardous or dangerous area intrusion
prevention, theft prevention) but only after review and written approval
by the City Building Inspector. When electrically charged fences are
used, such fences shall be posted with warning signs or fluorescent
markings at intervals not to exceed one hundred fifty (150) feet.
Use of barbed wire or electrical fencing for agricultural purposes
does not require approval or marking.
8.
Intensity of use. For a multiple-family dwelling,
no more than sixty (60) individual dwelling units per acre; provided
however, that such intensity of use may be increased or decreased
on review by the Planning Commission as required for preservation
and protection of the public health, safety and welfare.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22, Art. II § 9, 12-2-1980; Ord. No. 95-03 § X, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008]
A.
General Description. This commercial district is
intended to provide a place for those types of institutional and commercial
activities that require separate buildings and building groups surrounded
by landscaped yards and open areas. Land, space and aesthetic requirements
of these uses make desirable either a central location or a suburban
location near residential neighborhoods.
D.
Area Regulations. All buildings shall be set back
from street right-of-way or property lines to comply with the following
yard requirements.
1.
Front yard.
a.
The minimum depth of the front yard shall be twenty-five (25) feet.
b.
If twenty-five percent (25%) or more of the lots on one (1) side
of the street between two (2) intersecting streets are improved with
buildings, all of which have observed an average setback line of greater
than twenty-five (25) feet, and no building varies more than five
(5) feet from this avenge setback line, then no building shall be
erected closer to the street line than the minimum setback so established
by the existing buildings; but this regulation shall not require a
front yard of greater depth than forty (40) feet.
c.
When a yard has double frontage, the front yard requirements shall
be provided on both streets.
2.
Side yard.
a.
For detached buildings and for unattached sides of attached dwellings
located on an interior lot, a side yard of not less than five (5)
feet shall be provided on both sides of the main dwelling for the
first (1st) story and an additional three (3) feet of side yard be
provided for each additional story or part thereof. For detached buildings
of accessory use, there shall be a side yard of not less than five
(5) feet; provided however, that detached one-story buildings of accessory
use shall not be required to set back more than three (3) feet from
an interior side lot line when all parts of the accessory building
are located not less than sixty (60) feet from the front property
line.
b.
For office and other non-residential buildings located on an interior
lot, a side yard shall be provided on both sides of the building of
not less than twenty percent (20%) of the width of the lot, except
that such side yard shall not be less than fifteen (15) feet and need
not be more than fifty (50) feet.
c.
For main buildings and accessory buildings located on corner lots,
there shall be a side yard setback from the intersecting street of
not less than fifteen (15) feet in case such lot is back to back with
another corner lot and twenty (20) feet in every other case. The interior
side yard shall be the same as for main and accessory buildings on
an interior lot.
d.
Churches and accessory buildings shall set back from all exterior
and interior side lot lines a distance of not less than thirty-five
(35) feet.
3.
Rear yard. For main buildings, other than garage
apartments, there shall be a rear yard of not less than twenty (20)
feet or twenty percent (20%) of the depth of the lot, whichever is
smaller. Garage apartments may be located in the rear yard of another
dwelling, but shall not be located closer than ten (10) feet to the
rear lot line. Unattached buildings of secondary use may be located
in the rear yard of a main building.
4.
Lot width.
a.
For single-family dwellings, two-family dwellings, and for a single-family
dwelling and garage apartment located in the same lot, there shall
be a minimum lot width of sixty-five (65) feet at the front building
line, and the front lot line shall abut a street for a distance of
not less than thirty-five (35) feet.
b.
For town house dwellings there shall be a minimum lot width of twenty-two
(22) feet at the front building line, and the front lot line shall
abut a street for a distance of not less than twenty-two (22) feet.
c.
For multiple-family dwellings there shall be a minimum lot width
of seventy (70) feet at the front building line and the width shall
be increased by ten (10) feet for each additional dwelling unit exceeding
three (3) which is located in the dwelling; however, the lot width
at the front building line shall not be required to exceed one hundred
fifty (150) feet; and further provided that the front lot line shall
abut a street for a distance of not less than fifty (50) feet.
5.
Intensity of use.
a.
For a single-family dwelling and accessory building, there shall
be a lot area of not less than seven thousand eight hundred (7,800)
square feet.
b.
For a two-family dwelling and accessory buildings, there shall be
a lot area of not less than seven thousand eight hundred (7,800) square
feet.
c.
For each town house dwelling unit and accessory building, there shall
be a lot area of not less than three thousand five hundred (3,500)
square feet.
d.
For a multi-family dwelling, other than a town house, there shall
be a lot area of not less than three thousand (3,000) square feet.
e.
Where a garage apartment is located on the same lot with a single-family
dwelling, there shall be a lot area of not less than seven thousand
eight hundred (7,800) square feet. When a garage apartment is located
on the same lot with a two-family or multiple-family dwelling, the
lot area shall provide not less than three thousand (3,000) square
feet more than is required for the two-family or multiple-family dwelling.
f.
Where a lot has less area than herein required and all boundary lines
of that lot touch lands under other ownership on the effective date
of this Chapter, that lot may be used for any use, except churches,
permitted in the "R-1" Single-Family Residential District.
6.
Coverage. Main and accessory buildings shall not
cover more than thirty-five percent (35%) of the lot area. Accessory
buildings shall not cover more than thirty percent (30%) of the rear
yard.
7.
Outdoor storage, manufacturing, fabrication, assembly or work areas
shall be screened with a solid wall or opaque fence, or a combination
of landscaping, berm and fencing, on all sides not occupied by building
walls. The screening shall screen such areas from adjacent property
so that the areas cannot be seen from adjoining streets or lots when
viewed by a person standing on ground level. However, no screening
in excess of seven (7) feet in height shall be required except as
noted in Subsection (D)(10) below. As used in this Section, outdoor
storage shall not include merchandise displayed for sale. No permanent
open display or storage will be permitted on sidewalks or public rights-of-way.
[Ord. No. 2023-06, 5-23-2023]
8.
Whenever any commercial district or parking lot or parking area is established so as to abut the a lot in a residential district, an opaque ornamental fence, wall or dense evergreen hedge, not less than five (5) feet high and not more than six (6) feet high, shall be constructed and maintained in good condition along said abutting side or rear lot lines up to but not beyond the abutting residential setback building line, except where the front yard is used for off-street parking, then the provisions of Article V, Section 29-47, pertaining to off-street parking lots, shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
9.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
10.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for detention facilities, utilities protection, hazardous
or dangerous area intrusion prevention, theft prevention) but only
after review and written approval by the City Building Inspector.
When electrically charged fences are used, such fences shall be posted
with warning signs or fluorescent markings at intervals not to exceed
one hundred fifty (150) feet. Use of barbed wire or electrical fencing
for agricultural purposes does not require approval or marking.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 10, 12-20-1980; Ord. No. 95-03 § XI, 4-11-1995; Ord.
No. 2005-29 § 1, 8-9-2005; Ord. No. 2007-33 § 1, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008]
A.
General Description. This industrial district is
intended primarily for the conduct of light manufacturing, assembling
and fabrication and for warehousing, wholesale, and service uses.
These do not depend primarily on frequent personal visits of customers
or clients, but may require good accessibility to major rail, air,
or street transportation routes.
B.
Uses Permitted By Right. Property and buildings
in an "I-I" Light Industrial District shall be used only for the following
purposes:
2.
Any use, except a residential use, permitted in a "C-2" General Commercial
District or "C-4" Office Commercial District, including sleeping facilities
for caretakers and night watchmen employed on the premises.
3.
Building material sales yard and lumberyard, including the sale of
rock, sand, gravel and the like as an incidental part of the main
business, but not including a concrete plant or transit mix plant.
4.
Outdoor storage, shipping containers, manufacturing, fabrication,
assembly or work areas shall be screened with a solid wall or opaque
fence, or a combination of landscaping, berm and fencing, on all sides
not occupied by building walls. The screening shall screen such areas
from adjacent property so that the areas cannot be seen from adjoining
streets or lots when viewed by a person standing on ground level;
however; screening shall not be less than six (6) feet in height.
As used in this section, outdoor storage shall not include merchandise
displayed for sale. No permanent open display or storage will be permitted
on sidewalks or public rights-of-way.
5.
Buildings, structures and uses accessory customarily incidental to
any of the above uses.
6.
The uses permitted under this Section shall be conducted in such
a manner that no noxious odor, fumes or dust will be emitted beyond
the property line of the lot on which the use is located.
C.
Uses Permitted On Review.
D.
Area Regulations. All buildings shall comply with
the following yard requirements.
1.
Front yard. All buildings shall set back from the
street right-of-way line to provide a front yard having not less than
twenty-five (25) feet in depth.
2.
Side yard. No building shall be located closer than
twenty-five (25) feet to a side lot line.
3.
Rear yard. No building shall be located closer than
twenty-five (25) feet to the rear lot line.
4.
Coverage. Main and accessory buildings and off-street
parking and loading facilities shall not cover more than eighty percent
(80%) of the lot area.
5.
All yard areas required under this Section and other yards and open
spaces existing around buildings shall be landscaped and maintained
in a neat condition.
6.
Whenever any industrial district or parking lot or parking area is established so as to abut a residential district, an opaque, ornamental fence, wall or dense evergreen hedge not less than five (5) feet high and not more than six (6) feet high shall be constructed and maintained in good condition along abutting side or rear lot lines up to but not beyond the abutting residential setback building line, except where front yard is used for off-street parking, then the provisions of Article V pertaining to off-street parking lots shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
7.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
8.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for detention facilities, utilities protection, hazardous
or dangerous area intrusion prevention, theft prevention) but only
after review and written approval by the City Building Inspector.
When electrically charged fences are used, such fences shall be posted
with warning signs or fluorescent markings at intervals not to exceed
one hundred fifty (150) feet. Use of barbed wire or electrical fencing
for agricultural purposes does not require approval or marking.
F.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 80-22 Art. II § 11, 12-2-1980; Ord. No. 95-03 § XII, 4-11-1995; Ord.
No. 2007-33 § 1, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008]
A.
General Description. This industrial district is
intended to provide for heavy industrial uses and other uses not otherwise
provided for in the districts established by this Chapter. The intensity
of uses permitted in this district make it desirable that they be
separated from residential and commercial uses wherever possible.
B.
Uses Permitted By Right. Property and buildings
in an "I-2" Heavy Industrial District may be used for any use except
the following:
1.
All residential uses except sleeping facilities required by night
watchmen and caretakers employed upon the premises.
2.
All uses not complying with this Chapter or any other County, State
or Federal regulation or law.
3.
All of the following uses until they have been studied by the Planning
Commission and have received the express approval of the City Council.
The Commission may require approval of the City or County Health Department,
the Missouri Fire Inspection Bureau, and other State and County regulating
agencies and may attach to the approval specific restrictions designed
to protect the public welfare.
4.
Property and buildings in an "I-2" Heavy Industrial District, when
used for the following purposes, shall have the uses thereon conducted
in such a manner that all operation, display or storage of material
or equipment is so screened by ornamental fences, walls and/or permanent
evergreen planting that it cannot be seen from a public street; however,
screening shall not be less than six (6) feet in height.
5.
For uses other than listed in Subsection (B)(4) above, outdoor storage,
shipping containers, manufacturing, fabrication, assembly or work
areas shall be screened with a solid wall or opaque fence, or a combination
of landscaping, berm and fencing, on all sides not occupied by building
walls. The screening shall screen such areas from adjacent property
so that the areas cannot be seen from adjoining streets or lots when
viewed by a person standing on ground level; however; screening shall
not be less than six (6) feet in height. As used in this Section,
outdoor storage shall not include merchandise displayed for sale.
No permanent open display or storage will be permitted on sidewalks
or public rights-of-way.
6.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
7.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for detention facilities, utilities protection, hazardous
or dangerous area intrusion prevention, theft prevention) but only
after review and written approval by the City Building Inspector.
When electrically charged fences are used, such fences shall be posted
with warning signs or fluorescent markings at intervals not to exceed
one hundred fifty (150) feet. Use of barbed wire or electrical fencing
for agricultural purposes does not require approval or marking.
C.
Area Regulations.
1.
There are no specific front or side yard requirements for uses in
this district.
2.
Rear yard. Where a building is to be serviced from
the rear, there shall be provided an alleyway, service court, rear
yard, or combination thereof of not less than thirty (30) feet in
width or of adequate area and width to provide for maneuver of service
vehicles, whichever is the greater. In all other cases no rear yard
is required.
3.
Buildings shall be provided with a yard area adequate to meet the off-street parking requirements set forth in Article V.
4.
Whenever any commercial or industrial district or parking lot or parking area is established so as to abut the side or rear line of a lot in a residential district, an opaque, ornamental fence, wall or dense evergreen hedge not less than five (5) feet high and not more than six (6) feet high shall be constructed and maintained in good condition along said side or rear lot line up to but not beyond the abutting residential setback building line, except where front yard is used for off-street parking, then the provisions of Article V pertaining to off-street parking lots shall apply. In addition, the lighting, including any permitted illuminated sign, shall be arranged so that there will be no annoying glare directed or reflected toward residential buildings in a residential district.
D.
Height Regulations. Where a lot adjoins a dwelling
district, the building shall not exceed forty-five (45) feet in height,
unless it is set back one (1) foot from all front and side yard lines
for each foot of additional height above forty-five (45) feet.
E.
Historic Classification. Any lot or structure with the supplemental classification "H", or within or abutting a district with the supplemental classification "H", shall be subject to scrutiny and all regulations as contained in Article II, Section 29-13 and Article VIII, Section 29-76 of this Chapter.
[Ord. No. 2007-33 § 2, 9-5-2007; Ord. No. 2008-09 § 1, 3-11-2008]
A.
Purpose And General Description.
1.
The purpose of the "H-C" (Highway Commercial) zone is to provide
areas suitable for services dependent on a location near a highway
intersection or access to adjoining major thoroughfares. It is intended
to accommodate trade and businesses oriented toward automobile and
truck usage, tourist trade, and heavy commercial or light industrial
uses. Primarily serving residents of urban areas and the traveling
public, the "H-C" (Highway Commercial) zone is appropriate on lands
designated industrial in the Lexington City Comprehensive Plan. Because
of its closeness to State highways and a freeway interchange, permitted
uses will not create significant adverse impacts on local streets
or residential zones.
2.
Uses permitted in this zone are frequently incompatible with pedestrian-oriented
areas such as the Central Business District zones.
3.
Due to its exposure, high appearance standards are important.
D.
Area Regulations.
1.
Outdoor storage, shipping containers, manufacturing, fabrication,
assembly or work areas shall be screened with a solid wall or opaque
fence, or a combination of landscaping, berm and fencing, on all sides
not occupied by building walls. The screening shall screen such areas
from adjacent property so that the areas cannot be seen from adjoining
streets or lots when viewed by a person standing on ground level;
however, screening shall not be less than six (6) feet in height.
As used in this Section, outdoor storage shall not include merchandise
displayed for sale. No permanent open display or storage will be permitted
on sidewalks or public rights-of-way.
2.
All fences shall be constructed from materials which are commonly
used for fencing and shall not be constructed from railroad ties,
wood pallets, tires, chicken wire, welded wire, snow fence, branches,
rubble or salvaged material, or materials originally intended for
other purposes. Commonly used fence materials include wood, brick,
stone, concrete, chain-link, vinyl, ornamental iron work. Materials
not listed are subject to special review.
3.
Barbed wire or electrical fencing, as well as fencing over seven
(7) feet in height, may be permitted or required in special circumstances
(such as for detention facilities, utilities protection, hazardous
or dangerous area intrusion prevention, theft prevention) but only
after review and written approval by the City Building Inspector.
When electrically charged fences are used, such fences shall be posted
with warning signs or fluorescent markings at intervals not to exceed
one hundred fifty (150) feet. Use of barbed wire or electrical fencing
for agricultural purposes does not require approval or marking.
[Ord. No. 2007-33 § 2, 9-5-2007; Ord. No. 2008-08 § 1, 3-11-2008]
A.
Permitted use in a zoning district is indicated by the letter "P"
in the applicable column and square. Uses that may be permitted "On
Review" in any zoning district is indicated by the letters "PR" in
the applicable column and square. Absence of any notation in a square
indicates a use is not permitted for the selected use type in that
zoning district.
B.
Permitted use regulations can be found under the applicable Chapter 29 zoning district Sections that precede this Section.
C.
Entries in the "Use Standard" column refers to Sections that provide
further use information for the selected use type.
D.
Uses Not Listed In A Zoning District. In the event a "Permitted Use on Review" application is submitted for a "use" not listed in Table No. 1, or a "use" not listed in a zoning district desired by the applicant, the Planning and Zoning Commission may take the request under consideration at their next scheduled meeting. If, after consideration at that meeting, the requested use appears to be compatible with the desired zoning district, then the Planning and Zoning Commission will, at their next scheduled meeting, hold a public hearing on the request in accordance with Section 29-82 of this Chapter. The results of the hearing will be forwarded to the City Council for their approval/disapproval.
[1]
Editor's Note: Permitted Uses Table #3 is included as an attachment
to this Chapter.
