ARTICLE I. - IN GENERAL

Sec. 17-1. - Definitions.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to this in this section:

(1)   Engineering manuals: That set of seven (7) documents used to provide the standards for the design, review, construction and inspection of infrastructure in Lexington-Fayette County. These are also known as the division of engineering manuals or as the manuals. The division of engineering manuals consist of the Procedures Manual for Infrastructure Development (also known as the procedures manual), the Construction Inspection Manual (also known as the inspection manual), Geotechnical Manual, the Roadway Manual, Structures Manual, Stormwater Manual, and the Sanitary Sewer and Pumping Station Manual (also known as the sewer manual). These manuals, including the definitions therein, are hereby adopted and incorporated into this Code by reference. From time to time, the urban county government may revise, modify, or amend the manuals in conformance with the procedures established in the procedures manual. When any manual is cited by this Code, the current edition, latest revision shall be referenced.

(2)   Commissioner of public works: The person appointed to direct the department of public works of the urban county government or his authorized deputy, agent or representative.

(3)   Urban county engineer: The director of the division of engineering or his duly appointed assistants.

(4)   Contractor: The person having the contract for the work in question.

(5)   Standard drawings: The current edition, latest revision of the division of engineering standard drawings which are promulgated by the division of engineering to provide design standards for public (or when appropriate, private) infrastructure.

(6)   Manual of Uniform Traffic Control Devices for Traffic Control in Work Zones: The manual published and promulgated by the Federal Highway Administration to provide consistent and standard traffic control signage in communities throughout the United States. When this manual is cited, the current edition, latest revision shall be referenced.

(Ord. No. 174-2001, § 15, 7-5-01)

Editor's note(s)—Ord. No. 174-2001, § 15, adopted July 5, 2001, amended § 17-1 in its entirety to read as set forth above. Former § 17-1 pertained to the prohibition of barkers; § 16 of Ord. No. 174-2001 added a new § 17-1.1, concerning the prohibition of barkers, below.

Sec. 17-1.1. - Barkers prohibited.

It shall be unlawful for any property owner, merchant, storekeeper or person whatsoever to stand, or cause to permit to stand, on the sidewalk or street in front of, or in the entrance or hallway of, any store or building in the urban county for the purpose of calling the attention of passersby to goods, wares or merchandise displayed or on sale within it, or any store or building; or attempt by word of mouth or gesture, or by the use of mechanical or sound-making devices, to entice passersby into such store or building, or any other store or building.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than fifty dollars ($50.00). Each day's continuance of a violation of the provisions of this section shall constitute a separate offense.

(Ord. No. 174-2001, § 16, 7-5-01)

Sec. 17-2. - Numbering property, buildings and fire gates; display of numbers. 2

(a)   For purposes of sections 17-2 through 17-4, the following definitions shall apply:

(1)   Address: A unique identification of a location which may consist of a street number, street direction, street name, street type, and unit, at a minimum, a number and a name is required.

(2)   Property number: The numeric part of an address.

(3)   Site number: The street number component, or any part thereof, of an address. This number may or may not be the same as the property number.

(4)   Building number: The number, or any part thereof, assigned to a principal building or structure. Where there is more than one (1) principal building or structure on a property, each principal building or structure will be assigned either a building number or other site number.

(5)   Principal building or structure: A structure such as an office building, apartment building, retail structure or other similar structure wherein the primary or major activity on the property takes place. The term as used in this section does not include accessory or incidental structures such as garages, storage sheds or similar structures. The Division of Enhanced 911, Office of Addressing shall determine whether, for purposes of this section only, a structure constitutes a principal building or structure.

(6)   Private access easement: The right of a land owner to ingress and egress to his property over any adjoining property of another for the purpose of accessing the public right-of-way.

(b)   All properties within the urban county shall be assigned an address by the Division of Enhanced 911, Office of Addressing for the purposes of taxation, public safety and provision of services.

(c)   All principal buildings and leasable/salable portions of such buildings which have separate and direct outside entrances shall have the site number and assigned unit number permanently and prominently displayed at the expense of the owners thereof.

(d)   Minimum criteria. Unless otherwise provided herein, any site number that is required to be posted pursuant to sections 17-2 through 17-4 shall comply with the following minimum criteria or standards of visibility:

(1)   It shall be made up of numbers, contrasting in color with the background on which they are affixed, which clearly identify the correct building or structure and which are clearly visible and identifiable at all times during daylight hours to persons in vehicles traveling in both directions of all streets or named easements from which the structure is accessed;

(2)   Unless determined otherwise by the Division of Enhanced 911, Office of Addressing, it shall be a minimum of four (4) inches in height, except for industrial or commercial buildings or structures from which such numbers are not readily visible from the street or named easement, which shall be a minimum of ten (10) inches in height, with a minimum width of one and three-quarter (1.75) inches, and which shall be affixed above or beside the main entrance of such industrial or commercial building or structure whenever possible;

(3)   It shall be affixed to the structure and at least three (3) feet above ground level.

(4)   It shall be affixed to the structure or displayed not more than four (4) feet from the street or named easement upon which the structure is located and addressed (i.e., on both sides of a single mailbox); however, postings will only be satisfactory if they clearly indicate the correct structure.

Notwithstanding the above, where more than one (1) principal building or structure is located upon a property and where the site number is clearly displayed at the street entrance to the property, each principal building or structure shall not be required to display the site number so long as each building or structure is clearly identified by a building number.

(e)   The Division of Enhanced 911, Office of Addressing shall be the only department of the urban county government authorized to assign or cause to be assigned, delete, or change a property number, site number, unit number, and/or a building number where appropriate so as to ensure no duplication of numbers or street names. The Division of Enhanced 911, Office of Addressing shall maintain a street index file containing the official list of valid street names. No other government entity, agency, department or division is authorized to assign site, unit, property or building numbers or street names. All such actions are to be reviewed and approved by the addressing committee, which is comprised of members of the divisions of enhanced 911 and its addressing office, fire and emergency services, police, planning, and GIS; the Fayette County Property Valuation Administrator's Office, and the United States Post Office, as further provided in The Addressing Guide for Lexington-Fayette Urban County Government, which is attached hereto and incorporated herein by reference as additional guidance in numbering and addressing properties, and filed with the urban county council clerk as a part of the public records of this government. In addition, the commissioner of public safety is hereby empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter or thing pertaining to the administration and enforcement of the provisions of sections 17-2 through 17-4, and which are not otherwise inconsistent with this section.

(f)   The Division of Enhanced 911, Office of Addressing shall be the only department of the urban county government authorized to assign or cause to be assigned, delete, or change a property number, site number, unit number, and/or a building number where appropriate. The Division of Enhanced 911, Office of Addressing shall maintain a street index file containing the official list of valid street names. No other government entity, agency, department or division, other than Division of Enhanced 911, Office of Addressing, is authorized to assign site, unit, property or building numbers or street names. All such actions are to be reviewed and approved by the addressing committee, which is comprised of members of the divisions of enhanced 911 and its addressing office, fire and emergency services, police, planning, and GIS; the Fayette County Property Valuation Administrator's Office, and the United States Post Office, as further provided in The Addressing Guide for Lexington-Fayette Urban County Government, which is attached hereto and incorporated herein by reference as additional guidance in numbering and addressing properties, and filed with the urban county council clerk as a part of the public records of this government. In addition, the commissioner of public safety is hereby empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter or thing pertaining to the administration and enforcement of the provisions of sections 17-2 through 17-4, and which are not otherwise inconsistent with this section.

(g)   No private access easement shall be named without the prior approval of the Division of Enhanced 911, Office of Addressing. All private access easements that are named with the approval of the Division of Enhanced 911, Office of Addressing shall have a regulation street sign placed at each intersection of the named easement and any other named easement or street. The regulation street sign shall be purchased and erected at the expense of the owner of the private access easement unless the street sign is located at the intersection of a private access easement and the public right-of-way.

(Ord. No. 231-89, § 1, 12-7-89; Ord. No. 3-96, § 1, 1-11-96; Ord. No. 329-2002, § 1, 12-5-02; Ord. No. 374-2006, §§ 1, 2, 12-12-06; Ord. No. 8-2010, § 1, 1-14-10; Ord. No. 92-2017 , § 1, 5-25-17)

 

Notes

2	Cross reference(s)—Similar provisions, § 21-1(PM 302.2).

Sec. 17-2.1. - Addressing.

(a)   Street number. All addresses must contain a street number. No street number may contain more than four (4) digits or less than two (2) digits. Only whole numbers may be used in addresses. There shall be no non-sequencing of street numbers contained in addresses on either side of street. Street number ranges shall be based on the Lyman Uniform Street Numbering System. The properties on Main Street, its extensions, and all thoroughfares parallel therewith shall be numbered east and west from Limestone and the properties on Limestone, its extensions, and all thoroughfares parallel therewith shall be numbered north and south from Main Street and shall be so numbered that the even numbers shall be on the south and east sides of the street and the uneven numbers shall be on the north and west sides of the street.

(b)   Street direction. The directional terms of "north," "south," "east" and "west" shall only be used for addresses along streets crossing Main Street or Limestone as they extend to the Fayette County line. Such directional terms shall only be used as a prefix to the name of the street.

(c)   Street name. All addresses must contain a street name. Such names may contain a maximum of twenty (20) letters, however, such names shall not contain fewer than two (2) letters. The following are prohibited in street names:

(1)   Punctuation;

(2)   Numerical digits or numerical names;

(3)   Leading single letter phrases or articles;

(4)   Initiating a street name with a directional term;

(5)   Confusing, obscene or irregularly spelled words;

(6)   Duplicate or closely approximate names of existing streets;

(7)   Abbreviations, except for the following which may be abbreviated: (a) Fort shall be abbreviated as "FT"; (b) Mount shall be abbreviated as "MT"; and (c) Saint shall be abbreviated as "ST"; and

(8)   Use of the words "service", "street", "drive", "avenue", or "court."

(d)   Street type. An address may contain the following street type, abbreviated as stated:

Alley	ALY	Pass	PASS
Avenue	AVE	Path	PATH
Bayou	BYU	Pike	PIKE
Bluff	BLF	Place	PL
Bottom	BTM	Plaza	PLZ
Boulevard	BLVD	Point	PT
Canyon	CYN	Rest	RST
Causeway	CSWY	Road	RD
Circle	CIR	Row	ROW
Court	CT	Service Road	SRD
Cove	CV	Spur	SPUR
Drive	DR	Square	SQ
Flat	FLT	Street	ST
Fork	FRK	Terrace	TER
Gateway	GTWY	Trace	TRCE
Lane	LN	Trail	TRL
Loop	LOOP	Viaduct	VIA
Oval	OVAL	Walk	WALK
Park	PARK	Way	WAY
Parkway	PKWY

 

(1)   The term "SRD" is reserved for service road designation and shall only be assigned to streets by the urban county government.

(2)   An address shall not contain a duplication of the type of street within its name (e.g., James Street Street). Street names shall never include a "type" (e.g. Avenue of Winners Street).

(3)   Streets having the same name, yet designated as different types of streets, are acceptable only when the streets are contiguous and have unique number sequences.

(4)   Structures must have an entrance easement to the street on which their address is assigned.

(5)   Name and number sequence continuation across intersecting roadways shall also result in continuation of the type of street.

(6)   Incomplete yet separate streets shall maintain duplicate names until it is determined that their connection is not applicable. If no connections have been proposed within five (5) years, then the addressing committee will reassess the disconnected streets. Once the roadways are assessed as being unable to connect to on another, the addresses shall be changed to assign unique addresses for all affected segments.

(e)   Unit. Structures with multiple units shall have each major doorway labeled with a range of numbers or other approved designations when said doorways lead to groups of leasable/salable portions of a building. Unit designations shall be required for addresses of multi-divided structures. Such designations shall be used to distinguish individual suites, units, rooms, or apartments within the same building or structure. No more than five (5) characters may be used in such unit designations. Such designations shall contain only letters or numbers. If abbreviations are used, they must follow the United States Postal Service's Standards for Secondary Address Unit Designators.

(Ord. No. 3-96, § 2, 1-11-96; Ord. No. 73-96, § 1, 5-16-96; Ord. No. 374-2006, § 3, 12-12-06; Ord. No. 8-2010, §§ 2—5, 1-14-10; Ord. No. 92-2017 , § 2, 5-25-17)

Sec. 17-3. - Renumbering.

(a)   Whenever, in the opinion of the Addressing Committee, it shall become necessary or advisable to readdress any or all properties and/or sites on a street, the Division of Enhanced 911, Office of Addressing shall make a list of all properties and/or sites on such street and designate the address for all such properties or sites, and thereupon notify the owners, and occupants, if the owner be a nonresident thereof, to have the designated number properly displayed on such property or site. Once identified, all properties that are to be readdressed shall be presented to and approved the urban county council through resolutions.

(b)   Any changes, updates or modifications to a property address will require the submittal of a new, updated or amended plat or such other documentation as is required by the department of public safety or the Fayette County Clerk to give notice of such change, update or modification.

(c)   Any property owner requesting a change or modification to a property or site address shall be responsible for the payment of all costs incurred as a result of the change or modification. All such requests shall be submitted in writing to the addressing office of the division of enhanced 911, and shall be reviewable and subject to a determination by the address committee, which determination may be appealed to the board established in section 12-6 of the Lexington-Fayette Urban County Code of Ordinances.

(Ord. No. 231-89, § 2, 12-7-89; Ord. No. 3-96, § 3, 1-11-96; Ord. No. 73-96, § 2, 5-16-96; Ord. No. 329-2002, § 2, 12-5-02; Ord. No. 8-2010, § 6, 1-14-10; Ord. No. 92-2017 , § 3, 5-25-17; Ord. No. 94-2019 , § 1, 11-14-19)

Sec. 17-4. - Maintenance of number display; defacement; noncompliance, penalties.

(a)   The Division of Enhanced 911, Office of Addressing is authorized to require the owner of any business or residential structure within the urban county from which the address, or any part thereof, has been removed or damaged to cause the same to be replaced at the expense of the owners thereof. The Division of Enhanced 911, Office of Addressing shall also have the power to require the owner of any business or residential structure within the urban county to affix an address and/or building, site and/or property numbers, or any part thereof, as required in sections 17-2 through 17-4. The commissioner of public safety and citation officers authorized by ordinance may issue notices of violations and citations to enforce sections 17-2 through 17-4 and subsection 6-8(k) of the Land Subdivision Regulations and such citations may be enforced as civil offenses pursuant to the procedure set forth in this section and section 17-4.1.

(b)   Violations. The following shall constitute violations:

(1)   The failure of any owner of a business or residential structure to affix an address and/or building, site and/or property numbers, or any part thereof, upon a structure or other device, within ten (10) business days of notification by the Division of Enhanced 911, Office of Addressing;

(2)   The failure of any owner of a private access easement to erect regulation street signs in accordance with this section within thirty (30) days from the date the Division of Enhanced 911, Office of Addressing approves said request;

(3)   The maintenance, by any person, of an address and/or a building, site or property number, or any part thereof, in such a way that it is not clearly visible and identifiable at all times during daylight hours, including, but not limited to, the removal of anything that obstructs such visibility;

(4)   Defacing, moving, removing, or causing to be moved or removed any address and/or building, site or property number, or any part thereof, affixed upon a structure or other device, or any part thereof, placed by lawful authority;

(5)   Naming a private access easement without the prior approval of the Division of Enhanced 911, Office of Addressing; or

(6)   Placing or causing to be placed any sign bearing a name not approved by the Division of Enhanced 911, Office of Addressing upon any private access easement.

(7)   Once the appropriate building permit(s) is issued, the owner of the property is required to post the assigned numbers for the site on a temporary sign that is conspicuously posted and visible, until such time as the permanent numbers can be displayed in accordance with the requirements of this section, which is to be done prior to any final inspection for occupancy.

(c)   Criminal penalty. Every person failing to perform the duties required of him by or to comply with the provisions of sections 17-2 through 17-4, or subsection 6-8(k) of the Land Subdivision Regulations, shall for every offense be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), and each day's continuance of any such violation shall be a separate offense.

(d)   Alternative civil enforcement. Except as otherwise specified herein, the provisions of chapter 2B of the Code of Ordinances shall apply to all civil enforcement actions. As an alternative remedy to the criminal penalties contained in this section, any person who violates any provision of sections 17-2 through 17-4, or subsection 6-8(k) of the Land Subdivision Regulations, may be assessed civil fines of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), pursuant to the civil fine guidelines in section 17-4.1.

(e)   Nothing contained in sections 17-2 through 17-4.8 of the Code shall prohibit the urban county government from taking any action permitted by law to remedy a violation of its ordinances when there is reason to believe that the existence of the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible.

(Ord. No. 231-89, § 3, 12-7-89; Ord. No. 3-96, § 4, 1-11-96; Ord. No. 329-2002, § 3, 12-5-02; Ord. No. 374-2006, § 4, 12-12-06; Ord. No. 8-2010, § 7, 1-14-10; Ord. No. 221-2016 , § 21, 12-6-16; Ord. No. 92-2017 , § 4, 5-25-17)

Sec. 17-4.1. - Notice of violation; fines.

(a)   Notice of violation. Prior to issuing the initial civil citation for any violation, the director, enhanced 911 or his representative, who shall be referred to hereinafter as the "code enforcement officer", may first issue a written notice of violation. The notice of violation shall provide the following:

(1)   The date and time of issuance;

(2)   The name and address of the person to whom the notice of violation is issued;

(3)   The date and time the offense was committed;

(4)   The facts constituting the offense;

(5)   The section of the Code of Ordinances or zoning ordinance violated;

(6)   The name of the code enforcement officer issuing the notice of violation;

(7)   The period of time within which the violation must be corrected in order to avoid the issuance of a citation; and

(8)   A statement to the effect that the failure to abate or correct the violation may result in the issuance of a citation and civil fine in the amounts set forth in this section.

(b)   The provisions of chapter 2B of the Code shall apply to the issuance of all civil citations and the administrative hearing process.

(c)   Notices of violation shall be served upon the person in violation, which in most instances shall be the owner of the property where the violation(s) exists. The following methods of service are deemed to be sufficient: any method of personal service recognized under Kentucky law and/or the Kentucky Rules of Civil Procedures; mailing the notice via regular U.S. mail to the last known address of that person as it appears on the current tax assessment roll; delivery of the notice by certified mail, return receipt requested; or in the event that the address of the person in violation cannot readily be ascertained from the tax rolls in the exercise of reasonable diligence, publication in a newspaper of general circulation for two (2) consecutive days upon the code enforcement officer making an affidavit to that effect. If notice is made by publication, a copy of such notice shall also be posted in a conspicuous place on the premises affected by the notice. All costs incurred in serving a person are recoverable. Any person may designate, in writing on a form provided by and filed with the division of enhanced 911, the name and address to where any notice or citations can be provided, and service to said name and address shall be sufficient. However, such designation does not shift or change the responsibility for compliance with the provisions of sections 17-2 to 17-4 to the designee, instead of the designating person. All citations shall be served in the manner specified in section 2B-6 of the Code.

(d)   Civil fines assessed for violations of sections 17-2 through 17-4 or subsection 6-8(k) of the Land Subdivision Regulations of the Zoning Ordinance shall be based on the number of citations issued within a twelve-month period as follows:

(1)   The civil fine imposed upon the issuance of the first citation within any twelve-month period shall be a maximum of one hundred dollars ($100.00);

(2)   The civil fine imposed upon the issuance of the second citation within any twelve-month period shall be a maximum of two hundred dollars ($200.00);

(3)   The civil fine imposed upon the issuance of the third citation within any twelve-month period shall be a maximum of three hundred dollars ($300.00);

(4)   The civil fine imposed upon issuance of the fourth or more citation of the same nature within any twelve-month period shall be a maximum of five hundred dollars ($500.00); and

(5)   All fines may also include all charges and fees incurred by the government in connection with enforcement, including but not limited to an administrative fee of seventy-five dollars ($75.00) and the costs of service, publication, and recording.

(Ord. No. 374-2006, § 5, 12-12-06; Ord. No. 77-2011, § 22, 6-23-11; Ord. No. 221-2016 , § 22, 12-6-16)