For the purpose of the Ordinance, the Village of Lexington is hereby divided into the following districts:

The zoning districts as provided in Section 4.1 are bounded and defined as shown on the map entitled "Zoning District Map of the Village of Lexington." The Zoning District Map, along with all notations, references, and other explanatory information, shall accompany and be made a part of this Ordinance.

Regardless of the existence of purported copies of the Zoning District Map which may be published, a true and current copy of the Zoning District map available for public inspection shall be located in and maintained by the office of the Village Clerk. The Clerk’s copy shall be the final authority as to the current status of any land, parcel, lot, district, use, building, or structure in the Village.

Where uncertainty exists with respect to the boundaries of any of the districts indicated on the Zoning District Map, the following rules shall apply:

   1.    A boundary indicated as approximately following the centerline of a highway, alley, or easement shall be construed as following such centerline.

   2.   A boundary indicated approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

   3.   A boundary indicated as approximately following a municipal boundary line shall be construed as following such line.

   4.   A boundary indicated as following a railroad line shall be construed as being located midway in the right-of-way.

   5.   A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in the shoreline shall be construed as following the shoreline existing at the time the interpretation is made.

   6.   The boundary indicated as following the centerline of a stream or river, canal, lake or other body of water shall be construed as following such centerline.

   7.   A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

   8.   Where an existing physical feature is at variance with that shown on the Official Zoning Map or any other circumstances not covered by (1) through (7) preceding, the Zoning Board of Appeals shall interpret the location of the zoning district boundary.

The regulations herein established within each zoning district shall be the minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each class of land, buildings, structure, or uses throughout each district.

No building shall hereafter be erected, altered, or moved, nor shall any building or premises hereafter be used for any purpose other than is permitted in the district in which said building or premises is located, except by appeal as herein described by this Ordinance.

Wherever the requirements of this Ordinance are at variance with the requirements of any other adopted regulations, or ordinances, the most restrictive or those imposing the higher standards shall govern. Except as hereinafter provided, district regulations shall be applied in the following manner.

(See also Appendix A, Summary Table of Uses by Zoning District)

   1.   Permitted Uses. Permitted uses shall be permitted by right only if specifically listed as principal permitted uses in the various zoning districts or are similar to such listed uses, as determined by the Zoning Administrator.

   2.   Accessory Uses and Buildings. Accessory uses are permitted only if such uses are clearly incidental to the permitted principal uses.

   3.   Special Land Uses. Special land uses are permitted only if specifically listed or if similar to the listed special land uses, as determined by the Zoning Administrator.

(See also Section 4.11, Schedule of Regulations)

   1.    The area or width of a lot shall not be reduced below the minimum requirements herein established for the district in which such lot is located.

   2.    Every parcel of land shall meet the minimum lot width requirements set forth in Section 4.5 Schedule of Regulations and shall have frontage on and/or direct access to a public street which has been accepted for maintenance by the Village.

   3.    Access to a single-family dwelling shall be limited to one individual driveway.

   1.   No part of a yard required for any building for the purposes of compliance with this Ordinance shall be included as a part of a yard or other open space similarly required for another building.

   2.   All front yard setback lines shall be the minimum perpendicular distance measured from the right-of-way of the road upon which a lot or parcel fronts to the nearest point of the principal structure.

   3.   All side and rear yard setback lines shall be the minimum perpendicular distance between the nearest point on the side or rear of the structure and the side or rear lot

   4.   line parallel thereto.

   5.   On corner lots the required front yards shall be provided along both street frontages.

   6.   No building, structure, fence, or other permanent improvement shall be permitted to be erected or located within a public right-of-way except for those improvements authorized by the Village.

   1.   No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit hereinafter established for the district in which the building is located, as set forth in Section 4.11, Schedule of Regulations.

   2.   Exception to Height Regulations. Roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, and screens, flagpoles, chimneys, smokestacks, water tanks, or similar structures may be erected above the height limits herein prescribed. No such structure shall exceed by more than fifteen (15) feet the height limit of the district in which it is located.

   3.   Communications towers shall be subject to the regulations set forth in Section 5.24.

   1.   Every building erected, altered, or moved shall be located on a lot of record as defined herein.

   2.   There shall be only one (1) single-family dwelling permitted per lot in the Agriculture or single-family zoning districts. Where there is more than one (1) single-family dwelling located on a lot of record at the time of adoption of this Ordinance, said dwelling shall not be divided from the lot except in conformity with the requirements of this Ordinance.

This District is composed of those areas of the Village whose principal use is farming, along with related uses that support and enhance the agricultural heritage of the Village, such as agriculture-based tourism uses. The regulations of this District are designed to conserve, stabilize, enhance, and develop farming and related resource-utilization activities, to minimize conflicting uses of parcels, lots, buildings, and structures detrimental to or incompatible with these activities, and to prohibit uses of parcels, lots, buildings, and structures which require streets, drainage and other public services of a different type and quantity than those normally required by these activities.

In the AG District, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

This District is composed of those areas of the Village served by a public water supply system and public sanitary sewer system where the principal use is intended to be single- family dwellings on moderately sized lots. In addition to the dwellings permitted in this Zoning District, there are certain non-residential and public uses which may be permitted by the Village.

In the R-1 District, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

This District is composed of those areas of the Village where the principal use is intended to be multiple family dwellings. The regulations of this District are designed to permit a lower density of population and land use intensity than is allowed in the R-3 District. Areas zoned R-2 shall be served by public water supply system and a public sanitary sewerage system, and abut or are adjacent to such other uses, buildings, structures, or amenities which support, complement, or serve a multiple-family density. In addition to the dwellings permitted in this Zoning District, there are certain non-residential and public uses which may be permitted by the Village.

This District is composed of those areas of the Village where the principal use is intended to be multiple family dwellings at a moderate density. The regulations of this District are designed to permit a medium density of population and land use intensity. Areas zoned R-3 shall be served by a public water supply system and a public sanitary sewerage system, and which abut or are adjacent to such other uses, buildings, structures, or amenities which support, complement, or serve such a multiple family density. In addition to the dwellings permitted in this Zoning District; there are certain non-residential and public uses which may be permitted by the Village.

In the R-2 and R-3 Districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

The intent of this District is to provide for mobile home residential development in areas where the natural conditions and features, public services, and infrastructure are capable of supporting such development. Areas zoned MHP shall be located in areas which are compatible with the character and density of adjacent uses.

In the MHP District, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

The intent of the C-MU, Corridor Mixed Use district is to accommodate a flexible variety of uses and scales; preserve historic detached houses; integrate context-sensitive mixed residential, retail, office, and service uses; and serve as a transition from the denser downtown to nearby established residential neighborhoods. Uses intended within this District may include small-scale pedestrian-oriented retail, specialty grocery, personal services, business services, financial institutions, sit-down family restaurants, and medical clinics.

The intent of the Gateway Mixed Use district is to accommodate a flexible variety of uses and scales; preserve historic detached houses; integrate context-sensitive mixed residential, office, and service uses; and serve as a transition from the denser downtown to nearby established residential neighborhoods. More restrictive than the C-MU District, the Gateway Mixed Use would support a mixture of residential use along with limited non- residential use designed to conform to the historic residential scale and character.

The intent of the Central Business District is to create a pedestrian-friendly, compact downtown district with a mixture of uses. Typically, the mixture of uses are ground floor storefronts for retail and entertainment uses with offices and residential on upper stories. This District features uses that satisfy the retail, convenience, and service needs of the market area which includes the Village and surrounding Townships. This District prohibits auto-related and auto-oriented uses which do not support a compact pedestrian-friendly environment.

In the C-MU, G-MU and CBD Districts, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3 Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

The following standards supplement those in Section 5.6, Building Design Standards.

   1.   Fenestration

      a.   Ground floor windows may not be made opaque by window treatments (except operable sunscreen devices). A minimum of 80% of the window surface shall allow a view into the building interior for a depth of at least 12 feet.

      b.    The bottom of the window must be no more than 3 feet above the adjacent exterior grade.

   2.   Horizontal Articulation

      a.   Buildings shall be designed to reduce apparent mass by dividing facades into a series of smaller vertical components or bays. Bays shall extend continuously from base to top. Components shall be distinguished from one another through a combination of the following:

      b.   Variations in overall massing. Changes in parapet projection height shall only occur with a corresponding change in plan.

      c.   Vertical bays defined by pronounced changes in plan to create recesses and projections, a minimum of three feet from build to line of the facade.

      d.   Distinct changes in exterior finish material corresponding to a change in the building plan. A minimum of three feet from build to line of the facade, or a distinct organizing architectural feature with a projection a minimum of 8 inches.

   3.   Ground floor Articulation

      a.   Storefront buildings shall be designed to create a distinct and separated ground floor area through the use of a horizontal expression line, such as a string course, change in material or textures, awnings or canopies, or sign band between the first and second stories.

The following definitions and rules of measurement apply within this Section 4.8.

   1.   Measuring height.

      a.   The minimum and maximum building heights are measured from the average fronting sidewalk to the halfway point of a pitched roof or to the top of a wall plate for flat roofs.

      b.   The minimum height shall be satisfied from the build-to line back to a depth of at least 30 feet for the specified build-to percentage of frontage.

   2.   Building element heights.

      a.   Ground floor elevation shall be measured from the average fronting sidewalk grade to the first story finished floor elevation.

      b.   Ground floor height shall be measured from the average fronting sidewalk grade to the second story finished floor elevation.

      c.   Upper floor clear height shall be measured from finished floor elevation to finished ceiling elevation.

      d.   Sill height shall be measured from the average fronting sidewalk grade to the top of the ground floor sill.

   3.   Frontage designation.

      a.   See Section 2.2 for lot line and yard definitions.

      b.   Primary frontage is located along the front lot line.

      c.   Corner lots, through lots, or any lot with more than one street frontage, shall have a secondary frontage for all sides adjacent to a street not identified as the primary frontage. Alleys shall not be considered street frontage.

   4.   Build-to.

      a.   Definition. Build-to is a line parallel to the public street right-of-way to which buildings must be constructed to.

      b.   Build-to measurement. Build-to is measured from and perpendicular to the lot line abutting a street. Where a public access easement abuts the public street right- of-way on a lot, the build-to shall be measured from the easement rather than the lot line.

      c.   Percentage of frontage. Required build-to is calculated as a percentage using the length of the primary building wall divided by the total lot width, as measured at the lot line abutting the subject street right-of-way. Buildings shall be built at or within the build-to requirement for at least the minimum percentage (%) required along the primary and/or secondary frontage.

      d.   Building depth. The horizontal distance at the ground floor measured perpendicular from the exterior of the street facing building wall at the build-to line to the opposite exterior wall enclosing the permitted street level active uses.

      e.   Architectural features utilized for building wall articulation that are within two feet of the primary building wall may be utilized in the length of applicable building wall meeting the build-to.

      f.    The primary facade width is measured at the build-to line. No segment of the primary building wall at the build-to-line may exceed the primary facade width standard.

   5.   Dooryard

      a.   The dooryard is defined as the area between the property line and the front facade/build-to. It is intended as a transitional area between the public realm and private property for pedestrian-oriented amenities.

      b.   The dooryard shall accommodate entrances, outdoor seating, projections such as awnings, balconies, stoops, and porches.

   6.   Parking Setback

      a.   Setback. Surface and structured parking and loading spaces are not permitted within a primary frontage parking setback on the ground level.

      b.   Vehicle access. Vehicle maneuvering lanes are prohibited within primary frontage parking setbacks and are only permitted when alternative locations are not available, and it is determined necessary during site plan review.

   7.   Fenestration.

      a.   Definition. Fenestration is defined as openings in the building wall, including windows, doors, and open areas.

      b.   Measurement.

         i.   When measuring fenestration, framing elements (such as mullions or muntin’s) with a dimension of two inches or less are considered part of the opening.

         ii.    Ground floor fenestration shall be measured as a percentage of glass per total wall area up to 14 feet above the ground floor elevation.

   8.   Pedestrian access.

      a.   Entrance.

         i.   The entrance shall be a door parallel to a street frontage within 15 feet of the building face; or a door at approximately a 45-degree angle to the intersecting streets of a corner lot.

         ii.   The distance between entrances shall be measured from the center of the door or set of doors.

      b.   Stoops, Porches, and Porticos

         i.   Definitions .

            1.   A stoop is a small staircase ending in a platform and leading to the entrance of the building.

            2.   An enclosed porch is a covered stoop that has walls enclosing the platform on all sides.

            3.   A portico is a defined entry landing or platform that serves a similar architectural purpose as a porch or stoop as defining a clear entryway, but with a ramp or at-grade entrance instead of steps.

         ii.   Depth shall be measured perpendicular from the building facade to the opposite edge of the platform. Steps shall not be included in the measurement.

         iii.   In C-MU, G-MU and CBD Districts, the platform of the stoop may not encroach past the build-to. Stairs leading to the stoop may encroach past the build-to.

This District is intended to accommodate previously established office, business service, and retail uses that serve a larger market including the Village and portions of the surrounding townships. It is the purpose of these regulations to permit development of the enumerated functions in a manner which is compatible with uses in the surrounding area. To these ends, certain uses are excluded which would function more effectively in other Districts.

In the GC District, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses
are also allowed and regulated by Section 5.4.

This District is designed to accommodate a compatible mixture of light industrial uses along with tourism-related uses and other uses that support job creation and the economic growth of the Village. Such uses would generate a minimum of noise, glare, odors, dust, vibration, air and water pollution, fire and safety hazards, or the emission of any potentially harmful or obnoxious matter or radiation or any other nuisance characteristics. This District is well suited to accommodate new and expanded small-scale production, processing, and warehousing facilities with flexible spaces to capitalize on local market opportunities. Tourism-related uses, including campgrounds and lodging, in addition to limited commercial use along the major road frontage, may also be compatible within the District.

In the I-MU District, land, buildings, and other structures shall be used only for one or more of the uses specified in the table below. Uses denoted by a "P" are permitted by right and uses denoted by a "SLU" are considered special land uses and may be approved by the Planning Commission subject to the procedures and standards of Section 3.3, Special Land Uses. Additional applicable use standards are listed in the column at right.

 

Accessory uses, buildings, or structures incidental to the permitted or special land uses are also allowed and regulated by Section 5.4.

 

SF = Single-Family Dwellings; 2F = Two-Family Dwellings; MF = Multiple-Family Dwellings

For property adjacent to Lake Huron, the front yard is defined as the lakeside of the property and the rear is defined as the street side of the property other than for the front and rear setback requirements.

   1.   All dwelling units and occupied buildings shall be served with a public water supply system and a public sanitary sewer system.

   2.   Lot Area and Density. Every lot or parcel of land occupied by a low density multiple-family structure shall contain a minimum of twenty thousand (20,000) square feet and a total area of not less than the following:

 

 

   3.   Lot Area and Density. Every lot or parcel of land occupied by a medium density multiple-family dwelling structure shall contain a minimum area of three (3) acres and a total area of not less than the following:

 

 

   4.   Distance between Buildings. In addition to the required setbacks from property boundaries, the following minimum distances shall be required between each multiple family structure:

      a.   Where buildings are front to front or front to rear, three (3) times the height of the taller building, and not less than seventy (70) feet.

      b.   Where buildings are side to side, one and one-half (1.5) times the height of the taller building, but not less than twenty (20) feet.

      c.   Where buildings are front to side, rear to side, or rear to rear, two (2) times the height of the taller building but not less than thirty-five (35) feet.

In applying the above standards, the front of the building shall mean that the face of the building having greatest length and contains the primary entrance to the building; the rear is that face opposite the front. The side is the face having the smallest dimension.

   5.   The minimum distance of any principal building from the ordinary high-water mark shall be fifty (50) feet.

   6.   Driveways to single family dwellings shall be located in the greater side yard setback.

   7.   The minimum floor area of dwelling units shall be as follows:

 

   8.   Decks and porches are conditionally allowed within the front setback area if they are not supported by a permanent foundation. A land use permit is required, and approval is made on a case-by-case basis (see Sections 3.4.13 and 3.4.1). Existing nonconforming decks and porches may be replaced without a land use permit provided the replacement is of the same size and in the same location.

   9.    No residential or commercial building shall be built of steel exterior wall construction.

   10.    The minimum front yard setback for construction in the R-1 District shall be anywhere between the least front setback and the greatest front setback of the existing residences found on the block-frontage unless the difference between the least and greatest is more than ten (10) feet. In such case, the minimum front yard setback shall be within three (3) feet of the median of the front setbacks for all residences found on the block-frontage. Where there are no existing residences along the block- frontage, the minimum front yard setback shall be twenty-five (25) feet.

   11.    For a cottage lot, as defined in this Ordinance, Design Review may be required prior to issuance of land use permits and includes submission of residential development plan as described in Section 3.4.1 (4).

   12.    Floor Area Ratio (FAR) for residential, single-family dwelling is 5.