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[Ord. No. 80-22 Art III § 1, 12-2-1980]
Whenever the specific district regulations pertaining to one district permit residential uses of a more restricted district, such residential uses shall be subject to the conditions as set forth in the regulations of the more restricted district unless otherwise specified.
[Ord. No. 80-22 Art. III § 2, 12-2-1980; Ord. No. 2012-01 § III, 1-10-2012]
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth in Article II herein.
1. 
Open space to serve one building. No open space or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building structure.
2. 
Projections into yards. Open eaves, cornices, window sills, and belt courses may project into any required yard a distance not to exceed two (2) feet. Open porches may project into a front or rear yard a distance not to exceed five (5) feet.
3. 
Street right-of-way width. Where the dedicated street right-of-way is less than fifty (50) feet, the depth of the front yard shall be measured at a starting point twenty-five (25) feet from the center line of the street easement, except that the depth of the front yard shall be measured from a starting point on the future right-of-way line for all parkways, secondary and primary arterials, freeways and expressways designated in the comprehensive City Plan.
4. 
Street access for dwellings. No dwelling shall be erected on a lot which does not abut on at least one (1) street. A street shall form the direct and primary means of ingress and egress for all dwelling units. Alleys, where they exist, shall form only a secondary means of ingress and egress. A garage apartment may be built to the rear of a main dwelling if all other provisions of these regulations are complied with.
5. 
Commercial and industrial lot sizes. No minimum lot sizes and open spaces are prescribed for commercial and industrial uses. It is the intent of this Chapter that lots of sufficient size be used by any business or industry to provide adequate parking and loading and unloading space required for operation of the enterprise.
6. 
Sight lines at intersections.
[Ord. No. 2020-03, 1-14-2020]
1. 
On any corner lot including parkway on which a front and side yard is required, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two and one-half (2 1/2) and eight (8) feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and side exterior lot lines a distance of twenty-five (25) feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersection. Reference Section 29-6, Figure 4.
2. 
At any public or private traffic exit onto a public street, no wall, fence, sign, structure or any plant growth which obstructs sight lines at elevations between two and one-half (2 1/2) and eight (8) feet above the crown of the adjacent roadway shall be placed or maintained within a triangle (Reference Section 29-6, Figure 4), formed by:
a. 
Street side measurements beginning at the outer edge of each respective side of the exit pavement at the property line and extending 25 feet in each direction along the property line parallel to the public street.
b. 
The rearward interior leg measurement shall begin at the intersection of the property line and the outermost side of the exit pavement and extend 25 feet inward.
7. 
Location of attached private garage. An attached or detached private garage which faces on a street shall not be located closer than thirty (30) feet to the street easement line.
8. 
Time for accessory building construction. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used unless the main building on the lot is also being used.
9. 
Site planning requirements. Whenever one (1) or more residential, institutional, commercial, or industrial buildings are proposed to be located in a cluster or grouping which has a different arrangement, orientation, or other site planning variation from that of other buildings, structures, or uses in the area or on adjacent properties, the architectural design, location, orientation, service and parking areas of such buildings shall be planned so as not to adversely affect the use of adjacent of other properties in the area, as determined by the Planning Commission.
[Ord. No. 80-22 Art. III § 3, 12-2-1980]
The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article II.
1. 
In measuring heights, a habitable basement or attic shall be counted as a story, provided that a story in a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area of the story immediately below it and which does not contain an independent apartment, shall be counted as a half story.
2. 
Chimneys, elevators, poles, spires, tanks, towers, and other projections not used for human occupancy may extend above the height limit.
3. 
Churches, schools, hospitals, sanatoriums, and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed height limit.
[Ord. No. 80-22 Art. III § 4, 12-2-1980]
Whenever a multiple-family dwelling or group of multiple-family dwellings is designed with an inner or outer court, the following requirements shall be complied with.
1. 
Outer court width. The width of an outer court upon which windows open shall be not less than ten (10) feet, or equal to the height of the opposing wall, whichever is greater; and in no case shall an outer court be less than five (5) feet in width or equal to seventy percent (70%) of the height of the opposing wall, whichever is greater.
2. 
Inner court width. The width of an inner court of a multiple-family dwelling, except an inner court servicing an individual town house, shall be not less than two (2) times the height of the lowest wall forming the court, but in no case shall it be less than twenty (20) feet.
3. 
Passageway for inner court. An open unobstructed passageway shall be provided at the grade of such inner court. Such passageway shall be not less than twelve (12) feet in width, shall have a clearance of not less than twelve (12) feet in height, and shall provide a straight and continuous passage from the inner court to a yard or open space having a direct connection with a street; provided however, than such passageway servicing an individual townhouse shall be not less than four (4) feet in width, shall have a clearance of not less than seven (7) feet in height, and shall provide a straight and continuous passage from the inner court to a yard open space having a direct connection with a street.
4. 
Accessory building permit. Accessory buildings may be located in a court yard of a multiple-family dwelling, provided such accessory building shall not be located less than twelve (12) feet from any other building.
[Ord. No. 80-22 Art III § 5, 12-2-1980; Ord. No. 93-23 § 1, 11-9-1993; Ord. No. 2003-03 § 1, 1-14-2003; Ord. No. 2005-31 § 1, 8-9-2005; Ord. No. 2012-33 § I, 10-9-2012; Ord. No. 2013-16 § I, 5-28-2013; Ord. No. 2015-22 § II, 8-11-2015]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
COMMERCIAL MOTOR VEHICLE
A motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight (8) passengers but not including vanpools or shuttle buses.
RECREATIONAL VEHICLE
Includes, but is not limited to, motor homes, camping/travel trailers, all-terrain vehicles and watercraft, including boats and jet skis.
VEHICLE
Any device, or component thereof, in, upon or by which any person or property is or may be transported or pulled upon a highway, street or waterway, including, but not limited to, travel trailer, camper, motor home/coach, trailers of all kinds, trucks of all sizes, cars, buses, boats, and off-road vehicles. Devices moved by human power or used exclusively upon stationary rails or tracks are not deemed to be a vehicle.
B. 
Parking And Storage. Commercial vehicles, trailers of all types, including travel, camping and hauling, watercraft, recreational vehicles, motor homes, modular homes, manufactured homes, and mobile homes shall not be parked or stored on any lot or street in any zoning district except in accordance with the following provisions:
1. 
Not more than one (1) commercial vehicle, which does not exceed one (1) ton rated capacity, shall be permitted per family residence. In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products be permitted. Additional commercial vehicles may be parked temporarily while making a delivery or providing a service. For the purpose of this Section, pickup trucks, family passenger vans or SUVs (small utility vehicle) are not considered commercial vehicles.
2. 
Campers and travel trailers (with the tow vehicle attached) and motor homes may be temporarily parked on residential streets for a single period not to exceed twenty-four (24) hours and only if the street will safely allow two-way traffic while the vehicle is parked. Vehicles may not be lived in while parked on the street.
3. 
No vehicle, excluding mobile homes, modular homes, manufactured homes, shall be parked or stored for more than one (1) week unless it is located to the rear of the home. Vehicles parked in the rear of the home must be behind the building, upon a pad constructed of asphalt, concrete, or not less than three (3) inches of gravel compacted to prevent rutting when the vehicle is moved. Side yard parking pads existing at the time of passage of this Section and meeting the above noted surface requirements may continue to be used. The vehicle or trailer shall not be parked or stored within five (5) feet of the rear lot line or within ten (10) feet of the side lot line. No part of the trailer or vehicle may extend over a public sidewalk or right-of-way.
4. 
Mobile homes shall be parked or stored only in mobile home parks which are in conformity with the ordinances of the City of Lexington. However, a mobile home, modular home, or manufactured home may be temporarily parked on a permitted residential lot while the lot is being prepared for permanent installation of such structure. In no case shall such structure be parked for more than sixty (60) days.
5. 
A motor home, camper, or travel trailer may be used for off-street dwelling purposes for not more than seven (7) consecutive days per year and shall not be permanently connected to sewer lines, water lines, or electricity. They may, however, be used for on-site dwelling purposes permanently while parked in any travel trailer park authorized under the ordinances of the City of Lexington.
6. 
All vehicles, including small utility hauling trailers, boat trailers, small boats and off-road vehicles, when parked on the premises, are each deemed to occupy one (1) parking space. A parking space is defined in Lexington City Code Section 29-51 as an area nine (9) feet by twenty (20) feet plus adequate ingress and egress space. Lexington City Code Sections 29-10(G)(4), 29-10(D)(6), 29-11(D)(6), 29-12(D)(6) and 29-13(D) set forth the required rear yard open space that all residential and historical lots must have, i.e., space not covered by buildings or parking spaces. That required open space may not be used for parking per Lexington City Code Section 29-47(B). Also see Section 18-90.2.
7. 
Operational licensed commercial vehicles including semitrailers may be parked on any commercial or industrial zoned lot in the course of servicing a business use on that lot. Both licensed and non-licensed operational commercial vehicles may be parked on commercial or industrial zoned lots when business located on the lot is licensed as a vehicle sales business.
[Ord. No. 2003-03 §§ 2 — 5, 1-14-2003; Ord. No. 2007-41 § 1, 11-13-2007]
A. 
Definitions. As used in this Section, the following terms shall have the following definitions:
DWELLING
A building used entirely for residential purposes, but not hotels or motels, and must have:
1. 
A roof pitch of no less than three (3) inches of vertical rise to every twelve (12) inches of horizontal run.
2. 
Roofing material consisting of composition asphalt, shingle, fiberglass shingle, wood shake, baked tile, crushed rock or other material commonly accepted in the industry and approved by the Building Inspector.
3. 
A roof overhang of not less than one (1) foot measured from the vertical side of the home. When attached carports, garages, porches or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home.
4. 
Siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.
5. 
Proper guttering attached.
FACTORY-BUILT COMMERCIAL BUILDING
A structure constructed of factory-assembled parts that are transported to the building site, assembled at the building site, and permanently attached to a foundation meeting the requirements of the City's building codes, to be used for public or commercial purposes.
MANUFACTURED HOMES
A factory-built structure that is manufactured or constructed under the authority of 42 United States Code Section 5401 bearing a seal issued by the U.S. Department of Housing and Urban Development according to Section 700.010, et seq., RSMo., or meets current BOCA standards. It is to be used as a place for human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame wheels or axles. A mobile home is not a manufactured home.
MODULAR HOMES
Factory-built housing bearing the seal issued by the Missouri Public Service Commission indicating compliance with the State of Missouri Modular Standards and Regulations for Modular Homes.
SINGLE-FAMILY DWELLING
A building that contains only one (1) living unit. All single-family dwellings must have an exterior dimension, excluding garages, carports and accessory building of not less than twenty-four (24) feet by forty (40) feet. Single-family dwelling includes a manufactured or modular unit which, when placed on-site:
1. 
Is permanently installed on a properly engineered, enclosed foundation system in accordance with the BOCA Basic Building Code and approved by the Building Inspector. The Building Inspector may require a plan to be certified by a registered architect or engineer. At the Building Inspector's discretion, the Building Inspector may or may not issue a building permit based upon code enforcement procedures.
2. 
Is installed in accordance with the manufacturer's instruction with axles, running gear, lights and towing apparatus removed.
B. 
General Requirements. Manufactured and modular homes shall not be placed or occupied on an individual lot without a building permit issued under these regulations.
1. 
Be occupied only as a single-family dwelling.
2. 
Be placed in conformance with all zoning and setback requirements established for the zone in which located.
3. 
Accessory structures, which are limited to a garage and a shed, shall be placed in conformance with the setback and dimensional requirements established for the zone in which located. The exterior covering and roofing material of the garage or carport must be compatible with surrounding residences.
4. 
Have a minimum width of not less than twenty-two (22) feet with the main floor level not less than eight hundred (800) square feet.
5. 
Roof must be gable or hip roof of at least three (3) in twelve (12) or greater and covered with material that is residential in appearance including, but not limited to, approved wood, asphalt composition or fiberglass, shingles but excluding corrugated aluminum, corrugated fiberglass or metal roof. Except for permitted deck areas, all roof structures shall provide an eave projection of no less than twelve (12) inches and no greater than thirty (30) inches excluding gutter dimensions.
6. 
Have proper guttering attached.
7. 
Have the main entry door facing the street on which the modular home is located. A sidewalk shall be installed from the street, driveway or sidewalk adjoining neighboring lots to the front door. The unit must be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition of substantial landscaping to the narrow dimension of the unit, as so modified and facing the street, is no less than fifty percent (50%) of the unit's long dimension.
8. 
Have exterior surface and window treatments that the maximum extent possible are architecturally compatible with those of neighboring properties, excluding smooth, ribbed or corrugated metal or plastic panels.
9. 
Be placed on a parcel according to a pre-submitted and approved plot plan as describe on the permit. In addition, a manufacturer's installation manual and an illustration of the finished appearance of the unit be provided.
10. 
Home shall be attached to a continuous permanent foundation, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
11. 
The exterior foundation material shall consist of continuous concrete or masonry suitable for the outer portion of a finished residence.
12. 
Have a hard surface (not earthen in nature) driveway not less than nine (9) feet wide sufficient for the placement of at least two (2) vehicles.
13. 
Have the tongue and running gear, including axles, removed.
14. 
Maintain a minimum of eighteen (18) inches of crawl space under the entire manufactured or modular home.
15. 
Have permanent steps set at all exits.
16. 
Manufactured homes must have been built to accommodate Zone 2 weather conditions or better.
17. 
Must be served by City sewer utilities meeting the established City requirements prior to receiving service and underground public utilities shall be required.
18. 
Property owner shall declare the manufactured or modular home as real property and must so record with the County Assessor.
C. 
Non-conformity. All existing occupied manufactured or modular homes located on an individual lot shall be permitted to remain in place so long as occupied, but provided that they may not be replaced unless made to conform with the requirements of this Article. Any such existing manufactured or modular home shall be removed when unoccupied for a period in excess of twelve (12) months.
D. 
Inspections. Each manufactured or modular home approved for placement on a parcel shall be subject to the following inspections:
1. 
Siting to insure zoning requirements. Foundations prior to placement of the manufactured or modular home.
2. 
Manufactured or modular home permanently fastened to the foundation.
3. 
Permanent steps at all exits.
4. 
The permittee shall give the City of Lexington Building Inspector notice when the premises are ready for inspection and shall not proceed further until approval has been given by the official pursuant to the each inspection.
5. 
When the requirements of this Section are satisfied, a manufactured or modular home shall be permitted to be installed in a "R-1" (Single-Family District).
[Ord. No. 80-22 Art III § 6, 12-2-1980; Ord. No. 2001-02 §§ 1 — 2, 1-9-2001]
Child care centers with four (4) or more children authorized under uses permitted on review in residential districts shall meet the following provisions.
1. 
The center shall be located in a single-family dwelling which is the permanent residence of the operator and shall be operated in a manner that will not change the character of the residence.
2. 
The dwelling shall not contain less than thirty-five (35) square feet per child of floor area dedicated to child care activities. Floor area not accessible to or not used for children in care shall not be included in determining the number of square feet required.
3. 
The dwelling shall meet City, County Health Department, and Missouri State Statutes requirements as to safety, design, facilities and equipment and other features.
4. 
The center shall be operated in a manner that will not adversely affect other properties and uses in the area.
[Ord. No. 80-22 Art. III § 7, 12-2-1980]
Private swimming pools may be constructed as an accessory use, in conformity with the ordinances of the City of Lexington; provided however, that a swimming pool shall not be constructed in front of the front building line and no portion of the pool, equipment, walkway, or other facilities related thereto, shall be located closer than eight (8) feet to the side or rear lot line.
[Ord. No. 2021-12, 8-10-2021[1]]
The purpose of this Section is to regulate the use of portable storage containers within the City. These regulations are adopted to protect the public health, safety, and welfare, and to promote positive aesthetics in the City. (Ref: RSMo. 89.040)
A. 
Definitions applicable to this Section.
ACCESSORY STORAGE BUILDING
A structure originally constructed for use as a building for the storage of materials and equipment as an accessory to a primary structure located on the property.
CONTAINER
1. 
The word "container" as used throughout this Section refers to and includes standardized reusable vessels that are designed for and used in the packing, shipping, movement or transportation of freight, articles, goods or commodities and capable of being mounted or moved by rail, truck, air or ship by means of being mounted on a chassis or similar transport device. See Section 29-6, Definitions, for additional details.
2. 
Exclusions. A portable storage container does not include the following:
a. 
Construction debris containers.
b. 
Dumpsters used for trash collection or recycling and dumped on a fixed, recurring schedule.
B. 
Restrictions.
1. 
Only accessory storage buildings defined in Section 29-33(A) are permitted as accessory storage containers on property in any residential- or commercial-zoned district of the City.
2. 
Containers, railroad freight cars, trucks, trailers, semi-trailers, cargo trailers, are not permitted to be used as accessory storage buildings on property zoned residential or commercial or in any zoning district where the primary use is residential.
3. 
No container or storage building may be used for residential purposes or incorporated into the structure of a building that is used for any type of human occupancy in any zoning district.
4. 
Converted mobile homes, travel trailers, recreational vehicles, vans, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings on any property within the City.
5. 
Containers shall not permanently occupy required off-street parking, loading or landscaping areas.
6. 
No more than two (2) containers shall be on any permitted property.
7. 
Containers shall not be stacked.
8. 
Materials stored within cargo containers may be subject to review and approval by the Fire Department.
C. 
Permit Required.
1. 
A building permit is required prior to permanent placement of a container ensuring effective anchoring/foundation/placement according to the then most-current edition of the International Building Code. The application shall show the proposed container is accessory to the permitted use of the property and meets the placement criteria for the zone.
2. 
Containers shall meet all the zoning requirements of the underlying zoning district, including placement, fencing, and screening, shall have functioning utilities commensurate with their usage, be on the same property as the principal use and be included in the calculation of overall lot coverage.
3. 
Construction Debris Containers. A permit from the Code Enforcement Officer is required with a time limit set by the Code Enforcement Officer regardless of where the container is located. Construction debris containers may be located on a street if approved by the Code Enforcement Officer.
4. 
Licensed and bonded contractors may use containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the container is located. Temporary storage container fees are waived for the above-specified uses only if the use of the container is authorized pursuant to a City building permit.
5. 
Moving pods may be located on property where residents or businesses are moving from or to the premises for not more than thirty (30) days.
D. 
Permit Fees.
1. 
Standard building permit fees in accordance with Chapter 6, Section 6-30, shall apply to all permanent-sited containers.
2. 
Permitted temporary storage container fees shall be ten dollars ($10.00) for first thirty (30) days, twenty dollars ($20.00) for each thirty (30) days thereafter. Rotated containers are considered as one (1) continuous siting. Fees shall not be prorated.
E. 
Appearance And Maintenance. Any permanently sited container must be painted in the same or complementary color to the principal building. Graffiti, words, murals or logos are not allowed.
F. 
Current Violations — Time To Comply. All owners of property within the City shall have one hundred twenty (120) days from the effective date of this Section codified in this Chapter to bring the properties, which currently contain accessory storage buildings or containers that are in violation of the terms of this Chapter, into full compliance with the provisions of this Chapter.
G. 
Order Of Violation.
1. 
One hundred twenty (120) days after the enactment of this Section, if the City discovers or it is brought to the City's attention that there is a container located in a district where it is prohibited, the Code Enforcement Officer shall cause written notice by registered mail or by personal service to be served upon the owner of the property on which the container is located. Such notice shall state that the container shall be removed within ten (10) business days of receipt of notice.
2. 
If the owner or occupant of the property fails to comply with the order to abate and remove the container within ten (10) days from receipt of the notice to abate, the City may have such work done, and the cost and expense of such work shall be paid by the owner of the property.
H. 
Ordinance Conflicts. In the event any conflict exists between the provisions of this Chapter and other existing provisions of The Code of Ordinances of the City of Lexington ("Code"), the terms and provisions of this Chapter shall take precedence, and, to the extent of any such conflict, the terms and conditions of any existing provisions of the other ordinances of the City Code shall be and hereby are amended insofar as necessary to conform to the provisions of this Chapter.
I. 
Abrogation. If any section, subsection, sentence, clause, phrase or portion of this Section is for any reason held invalid or unconstitutional, such portion shall be deemed a separate and independent provision; and such holding shall not affect any of the remaining provisions of this Section.
[1]
Editor’s Note: This ordinance repealed former Section 29-33, Animals, derived from Ord. No. 80-22 Art. III § 8, 12-2-1980.
[Ord. No. 80-22 Art. III § 9, 12-2-1980]
The use of land or buildings for the commercial wholesale or retail storage of liquefied petroleum, gases shall be in accordance with the ordinances of the City of Lexington, Missouri.
[Ord. No. 2007-41 § 2, 11-13-2007]
For the purposes of occupancy, mobile homes and trailers shall be located only in approved mobile home parks. Mobile home parks are permitted only upon review by the Planning Commission. Before the location of a mobile home park can be approved, the conditions must be met in accordance with Chapter 14.
[1]
Editor's Note — Ord. no. 2007-41, adopted November 13, 2007, moved previous section 29-35 "mobile home park regulations" to chapter 14, section 14-1 and enacted the new provisions set out herein.
[Ord. No. 80-22 Art. III § 11, 12-2-1980; Ord. No. 81-7 § 2, 4-7-1981]
A. 
Review of Appropriateness. It is the intent of these regulations that all uses shall be located on a site or within a building which has sufficient utilities and services and is of appropriate space and design to satisfactorily accommodate each use of land or building, in terms of safety, function, aesthetic quality, and harmony with other uses in the area. Whenever a request for a use of land or building does not meet these conditions, in the opinion of the administrative office enforcing these regulations, but all other provisions of these regulations are complied with, the administrators shall refer such case to the Planning Commission for their review and recommendations. Said recommendations shall be submitted to the City Council who shall stipulate the requirements which shall be followed to comply with the intent of these regulations, and said requirements shall be made a part of the conditions for issuance of the permit authorizing construction and occupancy.
B. 
Buildings Designed as Dwellings Shall Not be Occupied by Commercial Uses. Whenever buildings designed for dwelling purposes are located in commercial or industrial districts, no commercial or industrial use shall be permitted on the lot on which the dwelling is situated until said dwelling building has been completely removed; and further provided that in no case shall the dwelling building be used for any commercial or industrial use, except as a permit on review, the procedure for which is established in Article IX, Section 29-82.
[Ord. No. 80-22 Art. III § 12, 12-2-1980]
The architectural design and material used for the construction of accessory buildings and fences shall harmonize with the main building to which said building or fence is accessory.
[Ord. No. 2012-29 § I, 9-11-2012]
A. 
Definitions. For the purpose of this Section, the following terms shall be deemed to have the meaning indicated below:
COURTYARD
Enclosure wall, which is architecturally integrated into, connected at both ends to an existing structural wall of and located within the general exterior circumference of the main building on a lot. Courtyards shall not be deemed fences for the purpose of these regulations.
FENCE
A structure, partition or wall, including gates, forming a barrier at grade, erected for the purpose of enclosing or separating contiguous pieces of land or for the purpose of providing shade, privacy screening or security. Shrubs, hedges, trees and other plant material are not considered a fence.
GATE
A movable barrier attached to a permanent support structure.
B. 
Permit Required. It shall be unlawful to erect any fence over three and one-half (3 1/2) feet in height (excepting temporary garden protection fences within the lot interior) in the City of Lexington without first having filed, with the Lexington City Building Inspector, an application for a fence permit together with a sketch or diagram of the type of fencing, design, height, and its location and having obtained a permit approved by the City Building Inspector for its erection. There will be a fee of ten dollars ($10.00) for such permit.
C. 
General Regulations.
1. 
No private fence shall be erected, permitted or maintained in any zoning district within the dedicated street right-of-way, or on any publicly traversed right-of-way. Fences over dedicated public drainage or on utility easements may be installed with written permission from the City Building Inspector. Fences so permitted shall not deny or impede necessary official ingress or egress to the easement area.
2. 
Every fence, which creates a wholly enclosed area and adjoins an existing or proposed street right-of-way, shall include a gate to provide access to the right-of-way.
3. 
Fences may be located on or within the property lot lines in rear yards, side yards, and front yards unless prohibited by subdivision or deed restrictions.
4. 
Rear yard. Fences not exceeding eight (8) feet in height may be erected in the rear yard of any lot.
5. 
Side yard — interior lots. Fences not exceeding eight (8) feet in height may be erected in the side yard of any lot. Side yard fences, except on corner lots, may not extend forward past the front building line.
6. 
Side yard — corner lots. Side yard fences on corner building lots may be extended beyond that portion of the front building line abutting a side street to the front property line or right-of-way. Fence construction must comply with Zoning Section 29-27.6 (site lines at intersections).
7. 
Front yard. Front yard fences cannot exceed four (4) feet in height. Front yard fences on corner lots must comply with Zoning Section 29-27.6.
8. 
Except for special fences as noted in (D)(1) and (D)(2) of this Section, fences shall be constructed of commonly used residential type fencing. Commonly used fence materials include wood, brick, stone, concrete, chain-link, ornamental iron work and extruded rigid vinyl. Rigid vinyl fences shall be constructed in accordance with the manufacturer's specific guidelines for installation. All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.
9. 
Fences constructed of poultry wire, rabbit wire, barbed wire, razor wire, concertina wire, bamboo or other similar material, railroad ties, plywood, snow fence (both wire/wood and flexible plastic), sheet metal, wood pallets, tires, welded wire, branches, rubble or salvaged material, or materials originally intended for other purposes are prohibited.
10. 
Except as allowed in Subsection (D)(1) of this Section, no fence shall be erected, permitted or maintained which is intended to, or may inflict injury on anyone coming in contact with the fence. Buried, non-visible electrical dog fences are allowed without permit.
11. 
Masonry fences such as brick, concrete block, stone, etc., shall be set in mortar. Loose stack of material is not allowed unless specifically designed for mortarless stacking.
12. 
Fences constructed prior to the adoption of this Section, excepting those noted in paragraphs (1) and (9) above, which do not conform to the provisions of this Section, shall be considered legal non-conforming structures. An existing fence may be maintained, repaired or structurally altered, however, no such repair or structural alteration shall create an additional non-conformity or increase the degree of non-conformity.
D. 
Special Fences.
1. 
Barbed wire or electrical fencing, as well as fencing over seven (7) feet in height, may be permitted or required in special circumstances (utilities protection, hazardous or dangerous area intrusion prevention, theft prevention, etc.) but only after review and written approval by the City Building Inspector. When electrically charged fences allowed in this paragraph are used, such fences shall be posted with warning signs or fluorescent markings on each side of an enclosure at intervals not to exceed one hundred fifty (150) feet.
2. 
Commercial agriculture fencing, including barbed wire and electrified fences, are permitted in agriculture areas. Written notice to abutting residential property owners is required prior to installation of electrified fencing along such abutting property lines. Use of electrical fencing for agricultural purposes does not require marking. A City building permit is not required for agriculture fencing.
3. 
Fences enclosing outdoor swimming pools, spas, and hot tubs shall be erected and maintained to surround the entire swimming pool, spa, or hot tub area, and shall be sufficient to make such body of water not readily accessible to small children and shall meet or exceed the requirements of the 2018 International Swimming Pool and Spa Code and 2018 International Building Code Section 3109.
[Ord. No. 2019-08, 2-12-2019]
4. 
Tennis court fences surrounding tennis courts shall be open mesh fences and shall not exceed twelve (12) feet in height.
5. 
All dog runs shall be considered an accessory structure and shall be of chain-link fence construction. Run dimensions shall be a minimum of ten (10) feet in length by five (5) feet in width by six (6) feet in height, and shall have easily cleanable flooring such as concrete, pavers or similar material. All dog runs shall meet yard setback requirements in this Code. Also see Lexington City ordinance Chapter 5-31(E)(6)(a) Dangerous Animals.
E. 
Maintenance. All fences, including legal non-conforming structures, shall be maintained in their original upright condition. Fences designed to be painted or have other surface finishes shall be maintained in their original condition as designed. Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality. The Building Inspector or Law Enforcement Officers are hereby empowered to issue notices to property owners to comply with this Section. Owners will be given a reasonable time to comply, but not to exceed thirty (30) days except that an additional fifteen (15) day period may be given at the discretion of the Building Inspector.
F. 
Penalty. Every person erecting, repairing or altering any fence, screen, wall or exterior partition in violation of or contrary to the requirements of this Section, and every person who shall fail, neglect, or refuse to observe the requirements of this Section or violate the same shall be guilty of a violation and upon conviction thereof shall be subject to a fine of not more than five hundred dollars ($500.00) in addition to paying the cost of prosecution. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
[Ord. No. 99-49 § 1, 12-14-1999; Ord. No. 2006-42 § 1, 9-12-2006; Ord. No. 2010-33 § 2, 10-13-2010]
This Section is applicable to all new development and redevelopment of properties within the City of Lexington, Missouri.
All streets of the City of Lexington, Missouri, hereafter constructed shall be built in such a manner as to conform to the most current edition of the APWA (American Public Works Association, Kansas City Metropolitan Chapter) design criteria, specifications and requirements for streets and the following additional specifications and requirements. Where APWA specifications and the additional specifications and requirements within this Section conflict, the specifications and requirements within this Section shall prevail.
1. 
Functional classification of streets (APWA).
A. 
Major arterial streets (or primary arterial or urban principal arterial). Streets that serve the highest traffic volume corridors and longest trip. Provides travel between business districts and outlying residential areas, between major inner city communities and between major suburban centers, and connects communities to major State and interstate highways. No or limited access is allowed from residential areas. Access is usually partially controlled. Spacing of major arterial streets is generally from one (1) mile to five (5) miles.
B. 
Minor arterial streets (or secondary arterial or urban minor arterial). Streets that interconnect and augment the major arterial streets. No or limited access is allowed from residential lots. Accommodate trips of moderate length at a lower level of travel mobility than major arterial streets. Spacing of minor arterial streets is generally from one-half (1/2) mile to three (3) miles.
C. 
Industrial/commercial collector (or collector or urban collector). Streets that collect traffic to and from commercial or industrial areas and distributes it to arterial streets.
D. 
Residential collector streets (or collector or urban collector). Streets that collect traffic to and from residential areas and distributes it to arterial streets. Limited access is allowed from residential lots. Desirable maximum Average Daily Trips (ADT) = three thousand (3,000) for residential collector streets.
E. 
Residential local streets (or local or urban local). Streets that only carry traffic having its origin or destination within the immediate neighborhood. Desirable maximum ADT = one hundred (100) for local streets (ADT = ten (10) trips per day per typical single-family residence).
F. 
Residential access sheets. Streets that carry traffic between residential lots and residential local streets of residential collector streets. Residential access streets usually carry no through traffic and include short loop streets, cul-de-sacs, and courts. Desirable maximum ADT = two hundred (200) for cul-de-sacs and four hundred (400) for loop streets. Maximum length of cul-de-sacs = fifty (500) feet and one hundred (100) feet for loop streets (ADT = ten (10) trips per day per typical single-family residence).
2. 
Site plan with street layout. A site plan with street layout, in accordance with APWA specifications, shall be submitted to the Planning and Zoning Commission for approval. The arrangements, character, extent, width, grade, design and location of all streets and alleys, and storm water control and disposal shall be considered in their relation to existing or planned streets, to topographical conditions, to public convenience and safety, and to their appropriate relations to the proposed uses of the land to be served by such streets.
A. 
Street grades shall conform as closely as possible to the original topography. Combination of steep grades and sharp curves shall be avoided.
B. 
The street layout shall conform to the existing and proposed land uses and the most advantageous development pattern for surrounding areas.
C. 
Residential streets shall be laid out to discourage the use of through traffic.
D. 
Residential and commercial streets shall be laid out to permit efficient drainage and utility systems.
E. 
The street arrangement shall not be such as to cause hardship to owners of adjoining property.
F. 
Private streets shall not be approved nor shall public improvements be approved for any private street.
G. 
Reserve strips controlling access to streets shall be prohibited.
H. 
Widths of streets and street right-of-ways shall conform to the widths specified in this Section. These widths may be increased or decreased by the Planning and Zoning Commission.
I. 
No street shall have a name which will duplicate or be confused with an existing street unless the proposed street is an extension of an existing street.
J. 
Dead-end streets shall be prohibited unless a cul-de-sac is provided.
K. 
Adequate storm sewers will be provided by the contractor in accordance with APWA design criteria and approved by the Planning and Zoning Commission and the City Engineer or his designated representative.
L. 
Additional street area in the form of turning lanes and/or right-of-ways may be required as deemed necessary by the Planning and Zoning Commission.
M. 
All streets must be curbed as provided for in this Section.
3. 
Sub-grade.
A. 
Preparation of ground surface. All vegetation, such as roots, brush, heavy sod, heavy growth of grass, and all decayed vegetable matter, rubbish and other unsuitable material within the proposed street area shall be removed.
B. 
Placement of fill. All holes and irregularities shall be filled and compacted to uniform density. All material that will not compact when rolled or tamped shall be removed and replaced with suitable material. All fill under paved surface shall be compacted by a power roller or other approved equipment. Earth placed for fill shall be placed in layers not exceeding six (6) inches. Each layer to be uniformly spread, moistened if required, and then compacted.
C. 
Compliance. The contractor must notify the City Engineer when fill is to be placed. The City Engineer shall retain the right to have an inspector at the sight to assure compliance and to test for maximum density at optimum moisture content.
4. 
Residential and commercial street minimum widths and right-of-ways (r/w). APWA minimum street widths and right-of-way specifications are modified as follows:
A. 
Street design and right-of-way for Federal and State numbered roads shall be determined by the cognizant Federal/State Agency. All other streets shall have a minimum of two (2) traffic lanes.
B. 
Individual street right-of-way minimums shall be determined by the total number of traffic lanes, parking lanes, turn lanes, median, curbs, and curb backside r/w extensions that are incorporated in the street design.
C. 
The right-of-way shall extend from the backside of the curb to abutting property lines on all streets as noted in the chart below.
NOTE — Utilities installed in street right-of-way may require more curb-back to property line width than noted below.
D. 
Street individual component elements shall conform to the following chart:
1.
Traffic lane width
12 feet each
2.
Curb width
2 feet each
3.
Width from back of curb to property line residential
6 feet
all others
10 feet
4.
Median (if used)
8 feet
5.
Parking lane
8 feet each
6.
Turning lane
12 feet
Example 1: Traffic lanes
2 each
24 feet
Curbs
2 each
4 feet
Back of curb to property line
2 each
12 feet
Total r/w
40 feet
Example 2: Traffic lanes
2 each
24 feet
Median
1 each
8 feet
Curbs
4 each
8 feet
Turning lane
1 each
12 feet
Back of outside curb to property lines
2 each
12 feet
Total r/w
90 feet
E. 
Where individual properties are being developed or redeveloped in tracts platted prior to the enactment of this Section, the Planning and Zoning Board may make adjustments to the required street widths and rights-of-way on an individual basis.
F. 
Streets that do not meet the minimum street width of twenty-four (24) feet (includes traffic lane and parking lane) less the curb width shall be considered one-way streets.
5. 
Cul-de-sacs and "no outlet" streets. Cul-de-sacs and "no outlet" streets are to be discouraged. Where they must exist, the street and r/w shall conform to the above chart.
A. 
The cul-de-sac radius to the inside of the curb shall not be less than forty (40) feet with no parking within the cul-de-sac or forty-eight (48) feet with parking allowed. These widths are required to assure the safe turning of fire trucks and school buses. The r/w must also extend six (6) feet from the curb back to the abutting property lines.
B. 
"No outlet" streets will only be allowed when they are intended to extend into another development in a reasonably short time. The street must be terminated in a temporary paved turnaround having a minimum radius of at least forty (40) feet. Parking will not be allowed within the turnaround.
6. 
Half streets. Half streets generally will not be approved. Exceptions may be made for developments that are to be completed in phases. In no case will a half street be approved without a firm completion schedule for the entire street.
7. 
Adjoining streets. Streets lying adjacent to any boundary of a subdivision shall conform to the requirements of this Section. Beginning from the existing center line of such streets and extending outward to the property to be developed, such street shall be composed of a minimum of one (1) traffic lane, one (1) parking lane (if required), one (1) turning lane (if required), one (1) curb, and six (6) feet r/w from curb-back to property line as described in the "Residential and commercial street minimum widths and right-of-ways (r/w)" paragraph above. In the case of unimproved streets adjacent to the property boundary, there shall be a minimum of two (2) traffic lanes installed.
8. 
Existing streets within subdivision. Where property is to be developed is on both sides of an existing street, the entire street within the development shall conform to the requirements of this Section.
9. 
Driveway entrance. Driveway entrances shall be constructed of concrete per APWA standards and must extend from the outer edge of the street pavement through the right-of-way to the abutting property line.
10. 
Street and curb additional construction requirements.
A. 
Under no circumstances shall the asphalt paving cover any part of the top surface of the curb.
B. 
All streets other than residential streets shall have integral straight back curb and gutters.
C. 
Residential curb and gutters shall be constructed as an integral curb and gutter. They may be of a roll back design or straight back type. Curbs on residential streets not designed with parking lanes must have straight back curbs.
D. 
Where properties are being developed/redeveloped within an existing neighborhood and the abutting street/s has/have curbing, then any new or replacement curbing shall match the shape and style of the existing curbing as closely as possible and shall conform to the requirements of Chapter 24, Section 24-22.B, Design For Persons With Disabilities.
E. 
All new or replacement curbing installations within the City of Lexington shall require a building permit and approval of the City Engineer prior to installation.
029 Straight Back.tif
STRAIGHT BACK CURB AND GUTTER
(Type CG-1)
029 Roll Back.tif
ROLL BACK CURB AND GUTTER
(Type CG-2)
graphic_Page_5.tif
ARTERIAL STREET
TYPICAL RESIDENTIAL STREET LAYOUT
Street Classification
Pavement Types
Option 1
Option 2
Major arterial
9" minimum portland cement concrete pavement
6" minimum compacted subgrade 95% of standard maximum density
2" Type 3 asphaltic concrete surface
10" minimum Type 1 asphaltic concrete base course
6" minimum compacted subgrade 95% of standard maximum density
Industrial collector and minor arterial
8" minimum portland cement concrete pavement
6" minimum compacted subgrade 95% of standard maximum density
2" Type 3 asphaltic concrete surface
9" minimum Type 1 asphaltic concrete base course
6" minimum compacted subgrade 95% of standard maximum density
Commercial collector
7" minimum portland cement concrete pavement
6" minimum compacted subgrade 95% of standard maximum density
2" Type 3 asphaltic concrete surface
7" minimum Type 1 asphaltic concrete base course
6" minimum compacted subgrade 95% of standard maximum density
Residential access, residential local and residential collector
6" minimum portland cement concrete pavement
6" minimum compacted subgrade 95% of standard maximum density
2" Type 3 asphaltic concrete surface
6" minimum Type 1 asphaltic concrete base course
6" minimum compacted subgrade 95% of standard maximum density
General Notes:
1. The pavement thickness shown are minimum and the actual pavement design thickness should be determined by an engineering analysis of the traffic and local subgrade conditions.
2. Other pavement type options to be authorized shall be submitted to the local government for approval.
3. Concrete pavement joint detail shall be submitted to the local government for approval.
AMERICAN PUBLIC WORKS ASSOCIATION
APWA
Kansas City Metropolitan Chapter
Street Pavement Types
Standard Drawing Number Table 1
Adopted April 17, 1996
[RSMo. § 144.083; Ord. No. 2012-22 § 2, 6-12-2012]
A. 
This Section provides minimum standards and regulations for lodging establishments located in residential and commercial districts within the City limits of Lexington, Missouri. New start-up "lodging establishments" offering four (4) or fewer sleeping rooms, or not otherwise qualified as a hotel under Chapter 315, RSMo., are required to apply for a special use permit as authorized by Section 29-21, Chart No. 1, and Section 29-82, Procedure for Authorizing Uses Permitted on Review and shall meet the requirements as set forth in this Section. Lodging establishments offering five (5) or more sleeping rooms are classified as hotels under Missouri Chapter 315, RSMo., and are subject to both State and City regulation.
B. 
All lodging establishments, covered under City Code Section 29-39, must have a Lexington City business license. The possession of a Missouri State retail sales license and a statement from the Department of Revenue that the licensee owes no tax due under Sections 144.010 to 144.510, RSMo., or Sections 143.191 to 143.261, RSMo., shall be a prerequisite to the issuance or renewal of any City business license. The statement of no tax due shall be dated no longer than ninety (90) days before the date of submission for application or renewal of the City license.
C. 
Bed And Breakfast — Residential, Bed And Breakfast In "C-3" Central Business District, And Commercial District Inn In "C-3" Central Business District.
1. 
Are primarily "transient guest lodging establishments". See Chapter 29, Section 29-6 for definition of each.
2. 
The establishment owner/manager must be on-site while the establishment is in operation.
3. 
Each bed and breakfast establishment in the residential district shall offer breakfast to its guests, and the cost of said breakfast or brunch shall be included in the price of the room.
4. 
Each bed and breakfast establishment in the commercial district shall offer breakfast or brunch to its guests, and the cost of said breakfast or brunch shall be included in the price of the room. It may serve meals to non-guests as well.
5. 
An annual inspection by the Code Enforcement Department and the Fire Department, respectively, within thirty (30) days prior to license issue or renewal is required. Other inspections may be held if complaints are received.
6. 
No guest may stay at said establishments more than fifteen (15) consecutive days out of any thirty (30) day period.
7. 
A minimum of two (2) bathrooms shall be located within each establishment with one (1) bathroom designated for the owners and employees of the establishment and one (1) bathroom designated for the guests of the establishment. A minimum of one (1) bathroom for every two (2) guest rooms is required.
8. 
Adequate parking spaces shall be provided for the guests.
9. 
Exterior signs. Only one (1) exterior sign is allowed in the residential district with a three (3) foot square maximum. Sign cannot be illuminated or animated. Otherwise all signs shall comply with the City Sign Ordinance Chapter 22A, and with Historic Preservation Commission regulations if located in a designated historic district.
10. 
Cooking facilities shall not be permitted in individual guest rooms.
D. 
Boarding House.
1. 
See Chapter 29, Section 29-6 for definition.
2. 
An annual inspection by the Code Enforcement Department and the Fire Department, respectively, within thirty (30) days prior to license issue or renewal is required. Other inspections may be held if complaints are received.
3. 
Cooking facilities shall not be permitted in individual guest rooms.
4. 
Adequate parking space shall be provided for the guests.
E. 
Hotel, Motel, Motor Hotel, Apartment Hotel, Tourist Court, Resort, Cabins, Tourist Home, Inns (All Five (5) Or More Sleeping Rooms), Bed And Breakfast (Five (5) to Ten (10) Sleeping Rooms).
1. 
See Chapter 29, Section 29-6, Definitions "Lodging Establishments" and "Hotel".
2. 
Subject to all Missouri State regulations concerning lodging establishments with five (5) or more sleeping rooms.
3. 
In addition to all other applicable City license requirements, a copy of the establishment's Missouri lodging permit must be provided with the new/renewal business license application.
F. 
RV Parks/Campgrounds.
1. 
See Chapter 29, Section 29-6, Definitions "Recreation Vehicle Park/Camp Grounds".
2. 
Subject to Chapter 29 zoning regulations.
3. 
An annual inspection by the Code Enforcement Department and the Fire Department, respectively, within thirty (30) days prior to license issue or renewal is required. Other inspections may be held if complaints are received.
G. 
This Section becomes effective and applies:
1. 
In its entirety for all first (1st) time licensee's on the date the Lexington City Council approves and passes this Section and for the duration of licensee's business.
2. 
In its entirety for all licensee's, except that:
a. 
Those lodging establishments already licensed as Bed and Breakfast or Inns (with four (4) or less sleeping rooms) as of the effective date of this Section, and not currently having an owner/manager on-site during guest occupancy, are not required to meet the on-site owner/manager stipulation. This exemption expires on transfer of ownership or lease of the property.
b. 
Those lodging establishments currently licensed as Bed and Breakfast or Inns (four (4) or less sleeping rooms), but did not go through the "Permit on Review" process prior to initial license issuance, may continue to operate and renew their licenses without obtaining "Permit on Review" approval. This exemption expires on transfer of ownership or lease of the property.