Lexington City Zoning Code
ARTICLE V
General Provisions
§ 300-11 Interpretation.
A.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.
B.
Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which impose higher standards or requirements) shall govern.
C.
This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
§ 300-12 Scope of regulations.
Except as may otherwise be provided in Article VI, Nonconforming Buildings and Uses, all buildings built hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter that are applicable to the zoning districts in which such buildings, uses, or land shall be located.
§ 300-13 Building height, bulk and lot coverage.
The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter:
A.
Height.
(1)
Public or semi-public hospitals, institutions, or schools, or public utility and service buildings, when permitted in a district, may be built to a height not exceeding 60 feet, provided said specified buildings shall be set back from the front, rear, and side lot lines at a ratio of two feet for every one foot of building height greater than 40 feet in addition to the other requirements for building line setbacks and for rear and side yards specifically set forth in this chapter.
(2)
Churches and permitted nonresidential structures in residence districts may be built to a height not exceeding 75 feet for towers or steeples, but not more than 45 feet for main structures.
(3)
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers, scenery lofts, tanks, ornamental towers and spires, wireless towers, or necessary mechanical appurtenances may be built to any height in accordance with existing or hereafter adopted ordinances.
B.
Area. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for accessory buildings and permitted obstructions set forth in § 300-19 of this article and except for the projections of sills, belt courses, cornices, and ornamental features not to exceed 24 inches.
§ 300-14 Street frontage and access. [1]
§ 300-15 Compliance required for permit issuance; continuation of existing structures and uses.
A.
No application for an improvement location permit or other permit or license or for a certificate of occupancy shall be approved by the Code Compliance Officer, and no permit or license shall be issued by any other City department, which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement, or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.
§ 300-16 Accessory buildings, structures and uses.
(See definition in § 300-5.)
A.
Time of construction. No accessory building or structure shall be constructed on any lot before the time of construction of the principal building to which it is accessory.
B.
Swimming pool safety devices. All noncommercial in-ground or aboveground swimming pools constructed as accessory buildings in residence districts, other than temporary or portable-type swimming pools having a depth of less than 24 inches, shall be equipped with at least one of the following safety devices:
[Amended 11-14-2005 by Ord. No. 2005-9]
(1)
A safety fence or other barrier with a height of not less than six feet above the surrounding grade which does not have openings or protrusions which allow climbing and which is equipped with a self-closing and self-latching gate with the latching device located no less than 54 inches from the bottom of the gate; or
(2)
An operational powered safety cover capable of supporting not less than 250 pounds which is equipped with a railing system that prevents entry under the cover and a switch mechanism protected by a locking switch box.
C.
No accessory building, structure or use other than a private garage shall be erected in any yard other than a rear yard, nor shall it occupy more than 30% of a rear yard. The total of all ground space occupied by all accessory buildings and structures in a rear yard shall not exceed 30% of said yard.[1]
D.
An accessory building in a rear yard shall not be less than five feet from any side property line; except on a corner lot or through lot, such accessory building, structure or use shall be set back from the property line adjoining a street the distance required for a front yard, unless otherwise required herein for a specific permitted or additional use.[2]
§ 300-17 Continued conformity with bulk regulations; restrictions on use of structures as dwellings.
A.
The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
§ 300-18 Yards. [1]
A.
All yards and other open space allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.
B.
No improved lot shall hereafter be divided into two or more lots and no portion of any improved lot shall be sold unless all improved lots resulting from each such division or sale shall conform with all bulk regulations of the zoning district in which the property is located.
§ 300-19 Permitted obstructions in required yards.
The following shall not be considered to be obstructions when located in the required yards specified:
A.
In all yards: recreational equipment; arbors and trellises; flagpoles, and television antenna structures. Where safety fences surround swimming pools, a height of six feet shall be considered a permitted obstruction.
B.
In front yards: open, off-street parking is allowed in required front yards of all zoning districts, except R-1. In R-1 Districts, parking in required front yards is prohibited except on approved driveways. Fences and walls not exceeding four feet in height above natural grade level are permitted.
C.
In rear yards: enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; laundry drying equipment; accessory structures; tool rooms and similar buildings or structures for domestic storage; fences and walls not exceeding six feet in height above natural grade; balconies, breezeways and open porches; provided, however, that no structure is located closer than three feet to the rear lot line.
D.
In side yards: overhanging eaves and gutters projecting into the yard for a distance of two feet or less; open off-street parking spaces; fences and walls not exceeding six feet in height above natural grade.
E.
All fences running parallel to City alleys shall be installed observing a five-foot setback from such alley.
[Added 5-14-2001 by Ord. No. 2001-4]
§ 300-20 Buildings on zoning lots.
Every building hereafter built or structurally altered to provide dwelling units shall be located on a zoning lot as herein defined, and in no case shall there be more than one such building on one zoning lot. A unit group of buildings in business districts or manufacturing districts, owned and operated as a unit, may be exempt from this requirement when reviewed in accordance with the definitions in Article III and the requirements in the zoning district where said uses are authorized.
§ 300-21 Vision clearance on corner lots.
No building or structure hereafter built and no planting or other obstruction to the vision of drivers of motor vehicles shall be located:
A.
In any residence district, between a height of 2 1/2 feet and 10 feet above the street grade within 12 feet of the intersecting street lines bordering corner lots.
B.
In any business district, within eight feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor.
§ 300-22 Agricultural exemptions.
The provisions of this chapter shall not be exercised so as to control the parking or storage of commercial vehicles or equipment or to impose regulations or require permits with respect to land, buildings or structures used or to be used for agricultural purposes, with the exception of setback lines and the improvement location permit requirements of Article XIII. In the event that land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this chapter apply.
§ 300-23 Individual trailers and mobile homes. [1]
A trailer or mobile home may not be parked or stored on any lot unless it meets one of the following conditions:
§ 300-23.1 Adult-use recreational cannabis.
[Added 11-25-2019 by Ord. No. 2019-9]
A.
Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City. Such facilities shall comply with all regulations provided in the CRTA (410 ILCS 705/1-1 et seq.) and the regulations provided in this section. In the event that the CRTA is amended, the more restrictive of the state or the City regulations (as established in this section) shall apply.
B.
Conditional use. An adult-use cannabis dispensing organization shall require approval as a conditional use in the respective zoning use district in which such organization is to be located. In determining compliance with this section and eligibility as a conditional use, the following standards shall be evaluated for the proposed adult-use cannabis dispensing organization based on the entirety of the circumstances affecting the particular property for which the conditional use is sought in the context of the existing and intended future use of the adjacent and nearby properties:
(1)
Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
(2)
Proposed structure in which the facility will be located, including cotenancy (if in a multitenant building), total square footage, security installations and security plan, and building code compliance.
(3)
Hours of operation and anticipated number of customers/employees.
(4)
Anticipated parking demand, available private parking supply, and parking requirements established in § 300-35 of this Zoning Ordinance.
(5)
Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
(6)
Site design, including access points and internal site circulation.
(7)
Proposed signage plan.
(8)
Compliance with all requirements of Subsection C of this section for the adult use cannabis dispensing organization that is being proposed.
(9)
Other criteria determined to be necessary to assess compliance with the provisions of this Zoning Ordinance.
C.
Adult-use cannabis dispensing organization. In those zoning use districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:
(1)
The facility shall not be located on Main Street. For the purposes of this section, "located" means the facility is situated on a parcel of property directly abutting the Main Street right-of-way, regardless of the physical address of the property, or otherwise has a Main Street address.
(2)
The facility may not be located within 1,500 feet of the property line of another adult-use cannabis dispensing organization, or other cannabis dispensing organization.
(3)
At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.
(4)
The facility may not conduct any sales or distribution of cannabis other than as authorized by the CRTA.
(5)
For purposes of determining required parking, the adult-use cannabis dispensing organization shall be classified as "commercial" per § 300-35 (Schedule of off-street parking, loading and unloading requirements; handicapped parking); provided, however, that the City may require that additional parking be provided as a result of the analysis completed through § 300-23.1B.
(6)
No more than one adult-use cannabis dispensing organization shall be granted a conditional use under this Zoning Ordinance or otherwise permitted to operate in the City.
(7)
The hours of operation for an adult-use cannabis dispensing organization shall not be earlier than 10:00 a.m. and not later than 7:00 p.m.
(8)
No person under the age of 21 shall be allowed to enter an adult-use cannabis dispensing organization.
(9)
No person shall reside in or permit any person to reside in an adult-use cannabis dispensing organization, or in the structure in which the adult-use cannabis dispensing organization is located.
(10)
No outdoor seating areas shall be permitted at an adult-use cannabis dispensing organization.
(11)
No drive-through services or sales shall be permitted at an adult-use cannabis dispensing organization.
(12)
The adult-use cannabis dispensing organization shall operate the facility in compliance with all applicable state and local laws, including the CRTA and the provisions of this Zoning Ordinance.
D.
Cannabis business establishments prohibited.
(1)
The following adult-use cannabis business establishments are prohibited in the City of Lexington. It shall be an unlawful act for any person to locate, operate, own, suffer, allow to be operated or aide, abet or assist in the operation within the City of Lexington any of the following:
E.
On-site use or consumption prohibited. No on-site use or consumption of cannabis shall be permitted at any adult-use cannabis dispensing organization in the City or at any other retail or service business, private, club, or similar organization located in the City. Additionally, no on-site consumption shall be permitted of food, beverages, or other products sold at an adult-use cannabis dispensing organization in the City.
F.
Security and other improvements. A petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis dispensing organization, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis dispensing organization and the site on which it is located, consistent with the requirements of the CRTA (410 ILCS 705/1-1 et seq.).
G.
Application procedure. An application for a conditional use under this section shall be processed in the same manner and with the same review and approval process as required for a conditional use under Article VII of this chapter, except the standards set forth in § 300-23.1B of this Article V shall apply in lieu of the conditional use standards set forth in § 300-31C. Further, the other provisions of Chapter 300, Article VII, shall apply to a conditional use granted under this Zoning Ordinance except as otherwise provided herein. The application for a conditional use filed by a petitioner shall include an affidavit affirming compliance with the applicable subsection of this section, all requirements of the CRTA (410 ILCS 705/1-1 et seq.), and any stipulations or conditions imposed during the review and approval process.