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Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Lexington-Fayette Urban County Government Zoning Code
Sec. 17-29.5. - Denial, revocation or suspension of permit; removal and storage fees; emergencies.
(a)   The administrator or designee may deny, revoke, suspend, modify, or condition a permit at any time for any business authorized in the urban county if it is found that:
(1)   Any necessary business or health permit has been suspended, revoked, or cancelled.
(2)   The permittee does not have insurance in force which is correct and effective in the minimum amount described in section 17-29.2(a)(4).
(3)   The permittee has failed to pay any fees required by Lexington and Fayette County Parking Authority for the use of on-street parking locations controlled by the authority.
(4)   A legitimate health, safety, or general welfare purpose exists, including, but not limited to, pedestrian or vehicle traffic congestion.
(5)   The permittee has failed to erect barriers to the satisfaction of the administrator in order to protect patrons from motor vehicles, if utilizing on-street parking as part of its outdoor cafe.
(6)   The permittee has failed to abide by the regulations promulgated by the division of building inspection.
(7)   The permittee has failed to correct violations of this article or conditions of their permit upon receipt of the administrator's notice of same delivered in writing to the permittee.
(8)   The permittee has failed to take positive actions to prohibit violations from reoccurring.
(9)   The permittee has failed to make modifications upon receipt of the administrator's notice of same delivered in writing to the permittee.
(b)   Upon denial or revocation, the administrator shall give notice of such action to the applicant or the permittee in writing stating the action which has been taken and the reason thereof. The action shall be effective upon giving such notice to permittees.
(c)   Furnishings and other vestiges of said business may be removed by the urban county government, and a reasonable fee charged for labor, transportation, and storage, should the permittee fail to remove said items within thirty-six (36) hours of receipt of the administrator's final notice to do so for any reason provided for under this article. If the action is taken based on subsection (a)(1), (2), (3), (4), (5), or (6) of this section, the action shall become effective upon the receipt of such notice and the permittee shall have four (4) hours to remove said items.
(d)   In the event a permittee is noticed for three (3) or more violations based upon subsection (a)(7) of this section within any thirty-day period, the permit shall automatically be revoked, and, in addition to any other enforcement remedy available to the urban county government, the business shall be subject to having any encroaching vestiges of an outdoor cafe removed pursuant to section 17-29.5(c) without any further notice.
(e)   The permittee shall have the right to appeal the decision of the administrator to the commissioner of the department of environmental quality and public works within five (5) working days from receipt of notice. An appeal does not stay the denial or revocation of the encroachment permit. The hearing shall be held by the commissioner or their designee within ten (10) working days from the date of notice of request. The permittee or applicant may be represented by an attorney and may present witnesses, affidavits, and any relevant documentary evidence. Formal rules of evidence shall not apply. The commissioner of the department of environmental quality and public works shall notify the permittee or applicant of the determination in writing.
(f)   Any person violating any provision of sections 17-29 through 17-29.5 or any condition or provision of a permit issued thereunder shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), and each day's continuance of any such violation shall be a separate offense.
(Ord. No. 115-96, § 6, 5-27-96; Ord. No. 90-2008, § 3, 5-8-08; Ord. No. 48-2010, § 6, 3-25-10; Ord. No. 135-2021 , § 7, 12-7-21; Ord. No. 118-2022 , § 3, 10-27-22)