[Ord. No. 2022-02, 1-25-2022]
A.
There is hereby established the office of Zoning Administration.
B.
The City Administrator with the approval of the City Council shall
appoint a person who in their opinion is qualified through education
and experience to hold the title of Zoning Administrator. The Zoning
Administrator may hold another office or position concurrently.
C.
The budget for the office of Zoning Administration and the salary
for the Zoning Administrator shall be established by the City Council
in the same manner as for all other departments and staff salaries.
D.
The Zoning Administrator shall be responsible for the issuance of
all permits required by these zoning regulations unless otherwise
specified.
E.
It shall be the duty of the Zoning Administrator to enforce the provisions
of this Chapter and to refuse to issue any permit for any building
or structure or for the use of any premises which would violate any
provisions hereof, and to cause any building, structure, place or
premises to be inspected and examined, and to order in writing the
remedying of any conditions found to exist therein or thereat in violation
of any provision of this Chapter. Said Zoning Administrator is hereby
authorized and directed to institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct or abate such
violation, and to prevent any illegal act, conduct, business or use
in or about such premises.
F.
The Zoning Administrator shall act as an agent of the Planning Commission
in the receipt of all requests, application or communications and
shall provide review reports to said Planning Commission as requested.
The Zoning Administrator shall also act on behalf of the Planning
Commission in the presentation of Planning Commission recommendations
to the Governing Body, wherever such action in necessary.
[Ord. No. 80-22 Art. IX § 2, 12-2-1980; Ord. No. 81-7 § 6, 4-7-1981; Ord.
No. 2005-29 § 2, 8-9-2005; Ord. No. 2008-32 § 1, 11-25-2008]
The Lexington City Council may, by a "permitted on review" use permit, subject to such protective restrictions as it deems necessary, authorize any one or more of the uses listed in Section 29-21 in each respective district as "permitted on review" use in that district. The following procedure is established to integrate properly the uses permitted on review with the other land uses located in the district. These uses shall be reviewed and authorized or rejected under the following procedure. A "permitted on review" use permit will not be granted until the Planning and Zoning Commission has held a public hearing and submitted its recommendations to the City Council.
1.
Introduction.
a.
"Permitted on review" uses (except in the HC District) are those
types of uses which, due to their nature, are dissimilar to the normal
uses permitted within a given zoning district. Within the various
zoning districts, specific uses may be permitted only after additional
requirements are complied with as established within this Section.
b.
"Permitted on review" use permits are required for all property uses
(excepting agriculture) in the Highway Commercial (HC) District. These
permits are required to allow the City to plan and control growth
and use in an orderly fashion in this district.
2.
Application for "permitted on review" permit. A
written application shall be filed with the City Clerk to obtain a
"permitted on review" use permit for the uses hereinafter set forth
in this Section or for users previously issued a "permitted on review"
use permit where alteration or an extension is requested. Said application
shall show the location and intended use of the site, the names of
all the property owners and existing land uses within one hundred
eighty-five (185) feet (excluding widths of streets, roads and alleys),
and any other material pertinent to the request which the City Planning
and Zoning Commission may require.
Upon receipt of an application, together with a site plan and
necessary descriptive material of the entire parcel including all
permitted and "permitted on review" uses, the City Clerk shall submit
the application to the Planning and Zoning Commission. The fee to
be paid to the City Clerk, upon the filing of an application for "use
permitted on review", shall be fifty dollars ($50.00).
3.
Planning and Zoning Commission review. The Planning and Zoning Commission shall hold a public hearing thereon after public notice (published in the local newspaper) of fifteen (15) days is given and, in accordance with the procedures set forth herein, review the application based on the criteria set forth in Subsection (5) of this Section, approve or disapprove the application and submit a report of its recommendations to the City Council within sixty (60) days of the hearing.
4.
Action by the City Council. No action shall be taken
by the City Council on any applications for a proposed building or
use referred to above until the Planning and Zoning Commission report
has been filed with the Council. However, if no report is received
from the Commission within sixty (60) days after the public hearing,
the City Council may proceed with its own action upon the application.
The City Council shall vote on the "permitted on review" use
permit at their next regular meeting after receipt of the report.
A majority vote of the entire City Council shall be required to authorize
and approve the issuance of any "permitted on review" use permit contrary
to the recommendation of the Planning and Zoning Commission.
5.
Criteria for reviewing all applications. In considering
whether or not such application for a "permitted on review" use permit
should be granted, it shall be the duty of the Planning and Zoning
Commission and the City Council to give consideration to the effect
of the requested use on the health, safety, morals and general welfare
of the residents of the area in the vicinity of the property in question
and the residents of the City generally. In considering the permit,
the Commission and the Council shall consider the following:
a.
The proposed permit complies with all applicable provisions of Chapter 29 regulations, including intensity of use regulations, yard regulations, open space requirements, fencing, signage and use limitations.
b.
The proposed use at the specified location will not interfere the
health, safety, welfare or convenience of the public.
c.
The proposed use will not cause substantial reduction to the value
of other property in the surrounding neighborhood or to the City's
overall tax base.
d.
The location and size of the use, the nature and intensity of the
operation involved in or conducted in connection with it, the need
for buffering and screening, and the location of the site with respect
to streets giving access to it are such that the proposed use will
not dominate the immediate neighborhood so as to prevent development
and use of neighboring property in accordance with the applicable
zoning district regulations.
e.
Adjacent streets have the capacity to handle increased traffic volumes
both on a daily basis and at peak times.
f.
Adequacy of ingress and egress to and within the site; traffic flow
control provided to minimize traffic congestion and hazards in public
streets and alleys; accessibility of the property to police, fire,
refuse collection and other municipal services; and the adequacy of
off-street parking and loading areas.
g.
Off-street parking and loading areas will be provided in accordance with the standards set forth in Zoning Sections 29-49 through 29-59, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.
h.
The size, floor area, mass and general appearance of a proposed structure
is compatible with adjacent structures and buildings in the surrounding
properties and neighborhood.
i.
Adequate utilities, drainage and other facilities will be provided.
j.
The impact of night lighting in terms of intensity, duration and
frequency of use on adjacent properties is minimized.
k.
The added noise created by activities associated with the proposed
use on adjacent properties is minimal.
6.
Additional conditions for "permitted on review" uses. In granting a "permitted on review" use permit, the City may impose
such conditions, safeguards and restrictions upon the premises benefited
by the permit as may be necessary to reduce or minimize any potential
injurious effect of such permit upon other property in the neighborhood,
and to carry out the general purpose and intent of these regulations.
Such restrictions may implement general City plans and policies, requirements
of the zoning ordinance and other City ordinances.
7.
Transferability. "Permitted on review" use permits
are not transferable to new users, tenants or operators.
8.
Revocation/expiration. The City Council, after a
public hearing, may revoke a "permitted on review" use permit for
failure of compliance with the regulations and restrictions of this
Section or the requirements of the permit. The permit will expire
if it is not put into use within six (6) months of the date of approval
by the City Council. After being put into use, the permit shall become
null and void when the activity for which the permit was issued has
ceased and has not been used for that purpose during the preceding
ninety (90) days.
[Ord. No. 80-22 Art. IX § 3, 12-2-1980; Ord. No. 93-28 § 1, 12-14-1993]
A.
A violation of this Chapter shall be deemed a misdemeanor and shall
be punishable by fine, and/or imprisonment. Any person, firm, or corporation
who violates or refuses to comply with any of the provisions of this
Chapter shall be fined not less than ten dollars ($10.00) and not
more than one hundred dollars ($100.00) for each and every day that
such violation continues, but if the offense be willful, on conviction
thereof, the punishment shall be a fine of not less than one hundred
dollars ($100.00) or no more than two hundred fifty dollars ($250.00)
for each and every day that such violation shall continue or by imprisonment
for ten (10) days for each and every day such violation continues,
or by both such fine and imprisonment in the discretion of the court.
B.
The City may institute any appropriate action or proceedings against
any firm, person or corporation who violates or refuses to comply
with any of the provisions of this Chapter to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct, or abate such violation, to prevent
occupancy of such building, structure, or land, or prevent any illegal
act, conduct, business, or use in or about such premises.
[Ord. No. 80-22 Art. IX § 4, 12-2-1980; Ord. No. 95-04 § 1, 4-11-1995; Ord.
No. 2005-29 § 3, 8-9-2005; Ord. No. 2006-37 § 1, 8-10-2006; Ord.
No. 2006-46 § 1, 11-14-2006]
A.
The City Council, from time to time, on its own motion or on recommendation
of the City Planning Commission or on petition from a property owner,
may change, supplement, amend, modify or repeal the regulations, restrictions,
boundaries or districts herein established.
B.
Every such proposed amendment (change) shall be referred to the City
Planning and Zoning Commission for review and report at the Planning
and Zoning Commission's next regular scheduled meeting.
Before submitting an application for a zoning amendment, the
applicant should schedule a meeting with the Planning and Zoning Commission
to discuss the amendment process.
C.
Zoning changes made under this Section may be classified as either
permanent or conditional.
1.
Permanent changes will be made only after consideration and evaluation
of the following criteria:
a.
Impact on neighborhood.
(1)
Traffic.
(2)
Parking.
(3)
Proposed hours of operation.
(4)
Noise.
(5)
Proximity to schools.
(6)
Proximity to churches.
(7)
Affect on any adjoining business/s.
(8)
Past usage history of the property/s.
(9)
Compatibility with historical district requirements.
(10)
Visual compatibility with surrounding area.
b.
Impact on the City.
(1)
Traffic and control.
(2)
Available infrastructure to support proposed usage.
(3)
Impact of the potential costs and benefits derived by the City
community from the proposed change.
(4)
Compatibility with existing neighborhood.
(5)
Compatibility with any existing business/s.
(6)
Visual impact.
(7)
Compatibility with Comprehensive Plan land use.
c.
Public hearing input.
d.
Submitted "Letter of Intended Use".
2.
Conditional use changes will be considered and recommended only after
evaluation of the following criteria:
D.
A conditional use property zoning classification will revert to the
original property classification within a defined period of time if
so requested in the "Letter of Intended Use" or if it ceases to be
used for the purposes set forth in the "letter" or is not used for
the stated purposes for a period of ninety (90) days. A conditional
use zoning classification remains with the property regardless of
ownership, subject to the foregoing conditions.
E.
A completed "application for zoning change" submitted by a landowner
shall be signed by the landowner or an authorized representative of
the landowner. Said application or petition shall be accompanied by
a plat or map drawn to scale of not less than two hundred (200) feet
to the inch showing the land in question, its location, the length
and location of each boundary thereof, the current zoning classification
and the location and zoning classification of property within three
hundred (300) feet of such land, a "Letter of Intended Use" and a
filing fee payable to the City. Incomplete applications will be returned
to the applicant.
F.
The applicant must provide a "Letter of Intended Use" at the time
of application for amendment. The "Letter of Intended Use" shall describe
in detail, including pictures, sketches or drawings, the use the applicant
plans for the parcel after an approved zoning change and shall be
considered binding.
G.
An affidavit from the property owner stating that the applicant,
if different from the property owner, has permission to make this
application.
H.
For each petition for amendment to the zoning ordinance a fee of
one hundred dollars ($100.00) plus the cost of legal publication shall
be paid to the City Clerk.
I.
No portion of the filing fee shall be refunded to the applicant.
Any expenditures in excess of the filing fee incurred by the Planning
and Zoning Commission or the City Council that are necessary and incident
to the processing of the application shall be billed to the applicant
or petitioner.
J.
Every such proposed amendment (change), along with all of the documentation
required in Subsections (E) thru (G) above, shall be referred to the
City Planning and Zoning Commission for review at the Planning and
Zoning Commission's next regular scheduled meeting.
K.
After review, the Planning and Zoning Commission shall then schedule
and hold a public hearing upon said application or petition. At least
fifteen (15) days' notice of the time and place of the public hearing
shall be published in an official paper or paper of general circulation
in the City of Lexington.
L.
No change in regulations, restrictions or district boundaries shall
become effective until after a public hearing held in relation thereto,
at which parties in interest and citizens shall have an opportunity
to be heard. If a protest against such amendment be presented, duly
signed and acknowledged by the owners of thirty percent (30%) or more,
either of the areas of the land (exclusive of streets and alleys)
included in such proposed change or within an area determined by lines
drawn parallel to and one hundred eighty-five (185) feet distant from
the boundaries of the territory included in such proposed change,
such amendment shall not be passed except by the favorable vote of
two-thirds (2/3) of all the members of the City Council.
M.
Following the hearing, the Planning and Zoning Commission shall thereupon
approve or deny the application. Following the determination by the
Planning and Zoning Commission, the application shall be forwarded
to the City Council for review at their next regularly scheduled meeting.
The City Council may overturn the decision of the Planning and Zoning
Commission only through a two-thirds (2/3) vote of its entire membership.
N.
Whenever any application or petition presented under this Section
has been finally acted upon by the Lexington City Council under the
provisions of this Section and the decision of the City Council has
been adverse to the applicant, neither the Planning and Zoning Commission
or the City Council shall, for a period of six (6) months from the
date of the City Council decision, receive or entertain any identical
or similar application seeking the same or similar relief as requested
in the application first denied.
[Ord. No. 80-22 Art. IX § 5, 12-2-1980; Ord. No. 2007-32 § 1, 9-5-2007]
A.
All new additions and annexations of land to the City of Lexington
shall be in an "A-1" Agricultural Zone, unless otherwise classified
by the City Council. Within a period of time not to exceed one (1)
year from the effective date of the ordinance annexing said addition,
the City Planning Commission shall study and make recommendations
concerning the use of land within said annexation to promote the general
welfare and in accordance with the Comprehensive City Plan and upon
receipt of such recommendations the City Council shall, after public
hearings as required by law, establish the district classification
of said annexation; provided however, that this shall not be construed
as preventing the City Planning Commission and the City Council from
holding public hearings prior to annexation and establishing the district
classification at the time of said annexation.
B.
At a public hearing held by the Lexington, Missouri Planning and
Zoning Commission on August 28, 2007, and approved by the Lexington,
Missouri City Council on September 5, 2007, the following areas annexed
in the year 2000 were zoned as follows:
1.
All of Areas I and IV zoned to "R-1": (Single-Family Residential).
2.
All of Area II zoned to "R-1" (Single-Family Residential) with the
exception of the property lying at the northwest corner of Summit
Camp Road and Route O, known as Summit Ridge Villas, previously zoned
"R-3" (Multiple-Family Residential District).
3.
All of Area III zoned to "H-C" (Highway Commercial) except property
south of Highway U.S. 24 currently being used by Tri-County Propane
for propane storage. That property was zoned "LI-2" (Light Industrial
-2)
C.
At a public hearing held by the Lexington, Missouri Planning and
Zoning Commission on August 28, 2007, and approved by the Lexington,
Missouri City Council on September 5, 2007, the following areas lying
within the Lexington City limits prior to the year 2000 annexations
but being adjacent to and abutting Area III were zoned as follows:
1.
All the land area within the Lexington City limits north of Highway
224; beginning at the intersection of Martin Lane/Arrowhead Road and
U.S. 224, thence northward along Martin Lane to the northernmost Lexington
City limits, thence eastward to annexed Area III, zoned "H-C" (Highway
Commercial).
2.
All the land area south of Highway U.S. 224 within the Lexington
City limits, beginning at the intersection of U.S. 224 and South 26th
Street, thence south along South 26th Street approximately one hundred
sixty-five (165) feet more or less to the south side of the alley
right-of-way of the alley running east from South 26th Street, thence
eastward in a straight line to annexed Area III, zoned "H-C" (Highway
Commercial).
D.
At a public hearing held by the Lexington, Missouri Planning and
Zoning Commission on August 28, 2007, and approved by the Lexington,
Missouri City Council on September 5, 2007, Lot 214, Estill Heights
Subdivision, was zoned to Highway Commercial (H-C).
[Ord. No. 80-22 Art. IX § 5, 12-2-1980]
A.
The boundaries of the zoning districts are hereby established as
shown on the Official Zoning Map. This map shall have affixed thereon:
[Ord. No. 2022-17, 10-25-2022]
A.
The City Council may convey or exchange land or leasehold:
1.
Whenever in the opinion of Council the advantageous use of any interest in land or any leasehold which has heretofore or may hereafter be acquired by the City has ceased, or for any other lawful reason the Council wishes to dispose of the property, the Council shall have authority to convey or exchange such interest in land or leasehold for its approximate fair market value pursuant to any administrative procedure or process as required by then-current Chapter 29, Zoning Regulations.
2.
Before any sale shall be consummated under this Section, the original
owner of the property which is now offered for sale by the City and
if such owner shall at the time of sale be in possession of the adjoining
land, shall be notified by written notice by the City Clerk of such
contemplated sale.
3.
Any land or leasehold herein described that has been donated without
charge by the owner for the purpose of a City project and such owner
is still in possession of contiguous property, the same shall revert
to such original owner without cost to the owner if and when relinquished
by the City.
4.
Conveyance To Other Government Entities. The Council may, in its
discretion, convey at no cost, or exchange its interest in any land
or leasehold that is no longer necessary for City functions, to any
Federal, State, or local governmental entity to be used for any lawful
reason.
5.
The Council may authorize the City Administrator to negotiate the
terms, conditions and consideration of the sale or conveyance in accordance
with procedures listed in the following Subsections of this Section.
6.
All monies received from the disposal of any such interest in land
or leasehold shall be deposited in the City's General Fund.
[Ord. No. 2022-17, 10-25-2022]
A requestor interested in acquiring City-owned property shall
submit a request addressed to the City of Lexington and delivered
to the City Clerk describing the property of interest. The City Clerk
will forward the request through proper channels to the City Council
for response and to Planning and Zoning as advanced information.
[Ord. No. 2022-17, 10-25-2022]
A.
If a public sale is needed, a sale venue appropriate to the parcel
shall be chosen based on the specific property and its potential value.
Options include an auction, listing with a real estate broker, in-house
marketing, or a competitive bid process.
B.
Advertisements and signs shall indicate the contact information needed
to obtain the sale details. Potential advertising methods include
the internet, newspaper, printed material, media, real estate agents,
national marketing firms, etc. Advertising costs shall be considered
with the property sale potential in establishing a marketing plan.
C.
A notice of the proposed sale shall be posted in the local newspaper
no less than fifteen (15) days prior to the first day of the sale
offering. Posting not required for non-stand-alone property.
[Ord. No. 2022-17, 10-25-2022]
A.
This distinction represents the market potential of a property:
1.
Non-Stand-Alone Property. If the field of potential purchasers of
a parcel is limited to the adjoining owner(s) by factors such as access,
size, shape, etc., that makes its purchase unfeasible to any other
member of the public, it is generally a non-stand-alone property.
2.
Stand-Alone Property. If the field of potential purchasers reasonably
extends beyond the adjoining owner(s), the parcel is a stand-alone
property. This distinction is to be indicated in the appraisal. Stand-alone
parcels are generally marketed publicly to ensure a sale at approximate
fair market value.
3.
Assemblage Of Multiple Properties. If the highest and best use is
determined to be assemblage of multiple properties, the properties
can be considered to be non-stand-alone.
[Ord. No. 2022-17, 10-25-2022]
A.
The City must obtain an approximate fair market value for excess
realty. For the purpose of this Section "approximate fair market value"
shall include that prices (in money or exchange) are concluded as
follows:
1.
Type of deed under which City claims ownership.
2.
For excess parcels that are non-stand-alone: through direct negotiation
with all adjoining owners; or may be sold directly to the adjoining
owner through good-faith negotiations based on an appraisal, or the
County assessed market value if three thousand dollars ($3,000.00)
or less.
3.
For marketable stand-alone excess parcels: through an open public
sale process based upon:
a.
On high-value properties [County assessed market value over three
thousand dollars ($3,000.00)] appraised value and subsequent good-faith
negotiations, a public auction, or other competitive bid process.
b.
On low-value properties (County assessed market value three thousand
dollars ($3,000.00) or less) the County Assessor's market value and
subsequent good-faith negotiations, a public auction, or other competitive
bid process.
[Ord. No. 2022-17, 10-25-2022]
All conveyances and relinquishments of City-owned property must
be evaluated for the existence of any utility facilities located within
the areas to be conveyed. The following clause shall be included in
the deed from the City to the Grantee:
|
"Grantee, by acceptance of this conveyance, covenants
and agrees for itself, its successors and assigns, to allow known
or unknown utility facilities currently located on the property, whether
of record or not, to remain on the property, and to grant the current
and subsequent owners of those facilities the right to maintain, construct
and reconstruct the facilities and their appurtenances over, under,
and across the land herein conveyed, along with the right of ingress
and egress across the land herein conveyed to and from those utilities."
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[Ord. No. 2022-17, 10-25-2022]
A.
Council must provide and retain documentation to demonstrate how
the transaction represents the approximate fair market value of the
parcel regardless of sales method.
B.
If the City has not received an appropriate bid or offer then the
Council may propose to accept any offer or bid determined by the Council
to be in the best interests of the City. This action requires approval
by a majority vote of the full Council.
C.
Prior to acceptance by Council of a proposed agreement/contract for
a realty conveyance, the proposed agreement or contract must be submitted
to Planning and Zoning (P&Z) for approval. P&Z may recommend
contract/agreement changes, reject, or recommend approval as is. P&Z
approval and recommendations will be forwarded to Council by P&Z
resolution. Council may override P&Z recommendations by a two-thirds
(2/3) vote of the entire Council.
D.
Realty transactions involve an agreement, or contract, for the transfer
of realty interests, and the fulfillment of the terms thereof, which
includes the delivery of a deed. All realty conveyances shall be closed
through a qualified title company.
E.
A quitclaim deed must be used to convey the City's property interest.
It is important to be thorough in addressing all issues that need
to be in the deed. The sales agreement shall be the primary point
of focus for the deed. The sale agreement will address all items that
need to be within the deed. It is imperative that the deed ensures
that the property description in the deed conforms to the survey.
F.
All conveyances of real property or real property rights must be
approved by at least two-thirds (2/3) of the full Council.
G.
Deeds For Conveyance Of Real Estate: Upon the City Council conveying
or selling real estate pursuant to this Chapter, the Mayor shall execute
the deed of transfer of title on behalf of the City along with the
City Clerk attesting to such execution. After being so executed, the
deed shall be duly recorded at the Lafayette County, Missouri, Recorder
of Deeds office.
