For the purpose of this Zoning Ordinance, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; words in the plural number include the singular; the term "person" includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the term "structure" includes building; the term "occupied" includes arranged, designed or intended to be occupied; the term "used" includes arranged, designed or intended to be used; the term "shall" is always mandatory and not merely directive; the term "may" is permissive; and the term "lot" includes plot or parcel. Other words and terms shall have the following respective meanings:
Accessory living quarters means a portion of a dwelling unit designed for the purpose of shared or intergenerational living that may contain a second kitchen and other components of a dwelling, such as an independent means of egress. A non-separated, continuous, and open access shall exist between the accessory living quarters and remainder of the dwelling unit. Total occupancy of a dwelling unit containing accessory living quarters shall be limited to one family or housekeeping unit.
Accessory use or structure means a use or a structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto. No accessory structure can be constructed on a lot before a principal structure.
Adaptive reuse means the process of adapting abandoned, vacant or underutilized buildings and structures for new purposes, which amounts to a change in the structure's primary purpose, a significant change in the way in which the structure is incorporated into and operates within the exterior environment, or which incorporates a non-traditional yet compatible combination of purposes or uses within the site plan. The adaptive reuse should incorporate changes that rejuvenate and/or increase the sustainability of the site and/or neighborhood while retaining historic features of the original building(s) and/or structure(s).
Adult arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, computers or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time; and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas" as herein defined.
Adult bookstore or adult video store means any building or structure which contains or is used for the display or sale or rental of books, magazines, movie films, motion pictures, videos, computer disks and any and all printed or written materials, newspapers, photographic materials, drawings, novelties, other pictorial representations, devices and related sundry items which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as herein defined; or an establishment with the segment or section devoted to the sale or display of such material.
Adult cabaret means an establishment which features, as a principal use of its business, entertainers, waiters, or bartenders, either male or female, who expose to public view of the patrons of the establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially or completely covered by translucent material; or human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.
Adult dancing establishment means a business wherein employees, agents, servants or independent contractors perform dance routines offered as adult oriented entertainment for viewing by patrons and spectators on the premises, and characterized by an emphasis on "specified sexual activities" defined in this Article; or exposure of any part of the male or female anatomy otherwise prohibited by Section 3-26 of the Code of Ordinances.
Adult day care center means any adult care facility, which provides part-time care, day or night, but less than twenty-four (24) hours, to at least four (4) adults who are not related to the operator by blood, marriage or adoption. The operator must be certified or licensed by a state public agency and may include personal care assistance, administering and/or assistance with medication, and social recreational activities.
Adult entertainment establishment means an "adult cabaret," "adult dancing establishment" or "sexual entertainment center."
Agricultural market means a regulated place designated exclusively for the purpose of buying and selling of agricultural/farm products, including a stockyard; and to include aquaculture, horticulture, floriculture, viticulture, forestry, dairy, live-stock, poultry, bees, and any and all forms of farm products grown, raised or made by farm producers.
Agricultural use means the use of a tract of land of at least five (5) contiguous acres for the production of agricultural or horticultural crops, including, but not limited to, livestock; livestock products; poultry; poultry products; grain; hay; pastures; soybeans; tobacco; timber; orchard fruits; vegetables; flowers or ornamental plants; including provision for dwellings for persons and their families who are engaged in the above agricultural use on the tract, but not including residential building development for sale or lease to the public.
Agricultural use, urban, means the use of a lot or portion of a lot within the urban service area that is less than five (5) acres for a community garden as regulated further in the Code of Ordinances.
Agribusiness means an agricultural business entity comprised of a person, partnership, limited partnership, corporation, limited liability company, or any other entity engaged in a business that processes raw agricultural products, including timber, or provides value-added functions with regard to raw agricultural products.
Agritourism means activities conducted on an active farm; or at an agricultural, horticultural or agribusiness operation that are offered to the public for the purpose of enjoyment, education or active involvement in the activities of the active farm or facility. These activities shall be integrated into, directly associated with, and incidental and subordinate to the principal agricultural production on the property.
Amusement park means an outdoor facility, which may include structures and buildings, for entertainment, including motorized rides, water slides, miniature golf, batting cages, performance stages or theaters, and booths or kiosks for the conduct of games or sale of items. Such uses may also include entertainment associated with a carnival.
Animal grooming facility means an establishment where domestic animals are bathed, clipped or combed for the purpose of enhancing their appearance or health, and for which a fee is charged; but not including overnight boarding of animals.
Assisted living facility means a residential facility, other than a nursing home, with multiple and separate living facilities, generally for persons who are fifty-five (55) years of age or over, meal preparation, laundry services, room cleaning, transportation, and/or recreation may also be provided, as well as some medical services, exclusively for the residents of the facility.
Athletic club facility means an establishment that provides for indoor commercial or non-commercial services and facilities that purport to improve the user's physical condition or appearance through participation in sports activities, fitness training, exercise, or body building. The establishment may offer access to the following: gymnasiums, swimming pools, tracks, ball courts, weight lifting equipment, exercise equipment or facilities, saunas, steam baths or whirlpools.
Automobile and truck repair, major, means rebuilding or reconditioning of engines or transmissions, vehicles or trailers; repair and collision service, such as body, frame, or fender straightening; painting and clear coating; upholstering; auto glass work; and the like.
Automobile and truck repair, minor, means minor repairs and routine maintenance, including oil and filter change; lubrication; engine tune-up; troubleshooting and replacement of lights; brakes and other prepackaged components; and tire rotation or replacement, but not including any operation specified under "automobile and truck repair, major."
Automobile and vehicle refueling station means a building, structure or lot used for dispensing of compressed natural gas or any liquefied petroleum gas from a storage vessel by means of a compressor or pressure booster into motor fuel cylinders in automobiles and motor vehicles. This use does not include a bulk distribution plant, but may be part of an automobile service station.
Automobile service station means a building or structure used for the retail sale and dispensing of fuel.
Banquet facility means a building made available to the public for holding meetings and social events. This use may include the sale of alcoholic beverages; indoor live entertainment; and may also include, as an accessory use, events conducted outside the main building in tents or other temporary facilities, subject to the issuance of a permit by the division of building inspection.
Bed and breakfast facility means a use which provides short-term transient lodging, including serving only breakfast to overnight lodgers, for which rent is paid and subject to the following conditions:
(a) The use shall be clearly incidental and secondary to the use for dwelling purposes;
(b) The use shall be carried on only by owners with at least a fifty-one percent (51%) ownership interest, and who reside on the premises;
(c) The use shall not require external alteration of the dwelling except as may be required to meet fire and building codes;
(d) Each room to be rented shall be designed and intended to accommodate no more than two (2) persons;
(e) Each room shall be rented for no longer than seven (7) consecutive days. Any facility which rents rooms for more than seven (7) days shall be regulated as a boardinghouse;
(f) The use shall not adversely affect the uses permitted in the notification area and in the immediate neighborhood by excessive traffic generation, noise and the like;
(g) The owner-operator shall maintain a guest log and other records, which shall be subject to annual review and inspection;
(h) The use shall not be conducted within any accessory building in a residential zone;
(i) The conditional use permit shall become null and void upon the sale or transfer of the property;
(j) All off-street parking areas shall be completely screened with landscaping;
(k) The use shall be in compliance with all applicable state and local laws, including health department rules and regulations.
Boarding or lodging house means a residential building, or part thereof, for five (5) or more adults living together, not as a family or housekeeping unit. In identifying this use, one (1) or more of the following factors shall be considered:
(a) Meals and/or food costs are typically not shared;
(b) Rent is established by leases to individuals, or rents are based on charges assessed to each individual;
(c) Individual mailboxes are provided;
(d) Multiple utility meters or connections are present.
Botanical garden means a garden dedicated to the collection, cultivation and display of a wide range of plants.
Brewery, neighborhood means a facility within a completely enclosed building which is intended for the production of up to ten thousand (10,000) barrels per year of malt beverages, with an accessory taproom and without permanently installed bottling or canning equipment.
Brew-pub means a restaurant with an area devoted to the accessory sale of wine or alcoholic beverages, which also houses an accessory micro-brewery without permanently installed bottling equipment, all within the same completely enclosed building.
Building means any structure for the shelter or enclosure of persons, animals or property.
Bus agency means a facility providing inter-city transportation to passengers and other bus customers, limited to loading and unloading of passengers and/or freight, and the sale of tickets and/or shipping space; but not to include activities exclusive to a passenger transportation terminal.
Business college, technical or trade school, or institution means an educational institution primarily owned and operated by an individual, partnership, or corporation offering training in business, trade, technical or related areas through residence, extension, or correspondence, for which tuition is charged. Such training shall not include any courses or instruction in which the field or occupation would not be a permitted use within the zoning category in which the institution is located.
Cable television system means any system which receives and amplifies signals broadcast by one (1) or more television and/or radio station and which transmits programming or other electronic or optical signals originated by the system itself or by another party by wire or cable to persons who subscribe to such service.
Campgrounds means an outdoor facility for short-term overnight recreational use.
Campgrounds, primitive, means a lot or parcel of land without amenities, such as water or electricity, to individual camp sites upon which tents are placed. Shared bathroom facilities and parking areas are permitted.
Campgrounds, recreational vehicle or trailer, means a lot or parcel of land upon which two (2) or more recreational vehicle sites are located for occupancy by recreational vehicles, trailers or tents. Water and electricity to individual camp sites is typical.
Cannabis business means an entity licensed under KRS 218B as a cultivator, dispensary, processor, producer, or safety compliance facility. Such licensed cannabis businesses shall not be located within one thousand (1,000) feet of an existing elementary or secondary school or a daycare center.
Cardholder means a registered qualified patient, designated caregiver, or visiting qualified patient who has applied for, obtained, and possesses a valid registry identification card issued by the Kentucky Cabinet for Health and Family Services for medicinal cannabis in compliance with KRS 218B; or a visiting qualified patient who has obtained and possesses (1) a valid out-of-state registry identification card; and (2) documentation of having been diagnosed with a qualifying medical condition.
Carnival means a temporary outdoor amusement use in a business or industrial zone lasting no longer than ten days per calendar year that includes mechanical rides, with or without inflatables. Such uses may also include games, live music, games of chance, live entertainment (other than typically associated with a "circus," defined herein), booths, food service, merchandise sales, pony rides and/or a petting zoo intended for children. A carnival does not include a circus, activities conducted at the state-designated county fair or events at a fairgrounds designated for that activity. Carnivals may not be conducted on any property during the state-designated county fair, or during the two (2) weeks immediately prior to the county fair.
Cellular telephone transmitting facility, temporary, means any system of wires, poles, rods, reflecting disks, or similar devices used for the transmission or reception of electromagnetic waves, not meeting the definition of a "structure" as defined by this Zoning Ordinance.
Childcare center means any nonresidential facility which provides full- or part-time care, other than family childcare, day or night, to children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator, as regulated by the Commonwealth of Kentucky.
Childcare center, Type II means a licensed childcare center located in the primary residence of the licensee in which childcare is regularly provided for seven (7), but not more than twelve (12), children including children related to the licensee. Related children include children, grandchildren, nieces, nephews, or children in legal custody of the operator.
Childcare home, family, means a private home that is the primary residence of an individual who provides full or part-time care day or night for six (6) or fewer children who are not related to the operator. The maximum number of unrelated children in the care of a certified family childcare provider shall not exceed six (6) at any one (1) time. A provider may care for four (4) related children in addition to six (6) unrelated children for a maximum child care capacity of ten (10) at any one (1) time. Related children include children, grandchildren, nieces, nephews, or children in legal custody of the operator.
Circus means a temporary use or special event lasting no longer than ten (10) days per calendar year that is intended or likely to attract substantial crowds to view entertainment and animal performances or displays (other than a petting zoo intended for children and/or outdoor pony rides), and which is not usually associated with the principal use of the property where the special event is to be located. Such uses may or may not also include rides, games, booths, food service and merchandise sales. No accessory structure associated with a circus can be constructed or erected on a lot without a principal structure thereon.
Clinic, medical, means a building, or part thereof, designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
Club, private, means buildings and facilities, the purpose of which is to render a social, educational, or recreational service to members and their guests; and not primarily to render a service customarily carried on as a business or to render a profit. The term "private club" shall include country club.
Cocktail lounge means a commercial establishment dispensing and serving alcoholic beverages for consumption on the premises and in which live entertainment, exclusive of dancing, is permitted.
Commercial composting means the aerobic or anaerobic decomposition of solid, organic materials to produce a stabilized, humus-like material that can be recycled to the land as a soil conditioner and low grade fertilizer, and primarily for use or distribution off the production site.
Commercial greenhouse means an establishment primarily engaged in propagating and growing plants in containers, in soil or in other growing medium for the purpose of being sold and transplanted. The term "commercial greenhouse" shall include sale of the following items: plants grown on the premises or tended in a controlled environment of the greenhouse or plant nursery; sale of fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizer, all to be used in the soil or upon the live plant to preserve the life and health of the plants sold; landscape counseling, site planning and contracting services when not the primary activity and when using plants grown or tended on the premises of the greenhouse or plant nursery.
Note: The term "commercial greenhouse" applies only to land use as provided for in the zoning ordinance and subdivision regulations and is not intended to affect the status of any business with regard to any federal or state tax laws or similar statutes.
Commissary means premises used for preparation of food for restaurant use.
Commission means Lexington-Fayette Urban County Planning Commission.
Community center means buildings and facilities for a social, educational, or recreational purpose, operated by a non-profit organization, which are generally open to the public and which do not render a service customarily carried on as a business.
Community residence means a building or group of buildings for up to eight (8) children or adults, not receiving counseling or recovering from drug or alcohol abuse or a psychiatric disorder and not assigned to the home as a condition of parole or probation, who by virtue of their physical or mental needs must reside temporarily in a supervised home. More than eight (8) such residents shall be permitted only as a rehabilitation home.
Comprehensive plan means the adopted plan for Lexington-Fayette County, which serves as a guide for public and private actions and decisions to ensure the development of public and private property in the most appropriate relationships. Such plan shall include all elements, whether expressed in words, graphics, or other forms.
Corn maze means a recreational facility that creates a labyrinth utilizing an agricultural product intended to be harvested, such as corn, to create a system of paths. The term "corn maze" shall apply to "hay mazes" as well.
Country inn means a private facility located in a rural setting that has six (6) or more guest rooms or suites for transient occupancy, in which breakfast and other meals may be served to the guests, and whose innkeeper resides on the premises or property adjacent to the premises during periods of occupancy. This definition does not include boarding or lodging houses, bed and breakfast facilities, motels, hotels, or extended-stay hotels.
Courtyard means a paved and/or landscaped open area that is partially or completely surrounded by buildings and used as an outdoor gathering space.
Cultural tourism means activities associated with geographical places, artifacts, architecture and/or past events that represent the stories and people of the past offered to the public for the purpose of education and enjoyment. These activities should not diminish the place, element or feature for future generations.
Day shelter means facilities which provide on a free or not-for-profit basis access to indoor shelter, generally during the hours encompassing dawn to dusk, and which may also provide in conjunction therewith personal support services, primarily to, or intended for, persons who otherwise may not have access to indoor shelter if only available on a cost or for profit basis. The term "day shelter" shall not include temporary emergency heating or cooling shelters which operate only during extreme weather periods.
Development improvements means physical changes made to raw land, and structures placed on or under the land surface, in order to make the land more useable for human activities. Typical development improvements referenced in these regulations are grading, street pavement, curbs, gutters, drainage ditches, storm and sanitary sewer facilities, utility lines of all types, street name signs, property number signs, trees, etc., as used herein, development improvements may also be referred to as development or improvements.
Diamond mesh wire means a fencing material typically used in rural areas which, by its strength and construction, is effective in prevention of climbing and in control of animal movement. The term shall also be construed to include fencing commonly referred to as "v" mesh fencing. The term "diamond mesh wire" does not include chain link fencing.
Division of engineering manuals (also known as the engineering manuals, or the manuals) is a set of seven (7) documents to provide standards for the design, review, construction, and inspection of infrastructure. The engineering technical manuals are construction inspection (also known as the inspection manual), geotechnical, roadway, sanitary sewer and pumping station, stormwater, and structures. In addition to the six (6) technical manuals, a procedures manual for infrastructure development (also known as the procedures manual) establishes the responsibilities and procedures to be used by the Lexington-Fayette Urban County government, the land developer and the project engineer. These manuals are hereby adopted by the urban county government and incorporated into this Zoning Ordinance by reference. From time to time, the urban county government may revise, modify, or amend the manuals in conformance with the procedure established in the procedures manual. When any of the engineering manuals are cited by this Zoning Ordinance, the current edition, latest revision, shall be referenced.
Dormitory means a building containing sleeping rooms operated by a school for academic instruction, or by a business college, technical or trade school, for which admission to residency is limited exclusively to students of such an institution, school or college. Where kitchen facilities or provisions for such are provided, such rooms shall be deemed dwelling units.
Drive-up window means a point of pick up for goods sold on site or the provision of services. Such facilities shall:
(a) Be placed so that pedestrians entering and exiting the building are not required to cross the drive aisle associated with the drive-up window;
(b) Not have any exterior menu boards or any area for ordering other than at the point of pick up; and
(c) All stacking and pick-up shall be limited to a single lane.
Driveway, for residential means a private paved vehicular access extending on the shortest reasonable path through the front yard or side street side yard to the off-street parking area.
Dwelling means a building, or portion thereof, occupied exclusively for residential purposes, not including a mobile home or trailer.
Dwelling, multiple-family, means a building, or portion thereof, occupied exclusively for residential purposes by more than two (2) families or more than two (2) housekeeping units.
Dwelling, single-family, means a building occupied exclusively for residential purposes by one (1) family or one (1) housekeeping unit. Townhouses are included in this definition.
The term "dwelling" also includes a building occupied by five (5) or more unrelated individuals at any time within five (5) years prior to January 1, 2010, subject to the following:
(a) The occupancy is restricted to six (6) or less unrelated individuals;
(b) The use of the building as a rental dwelling has not been abandoned;
(c) The building shall not be enlarged or expanded beyond the existing square footage as of January 1, 2010:
1. By more than twenty-five percent (25%) unless the building has been expanded by twenty-five percent (25%) or more under a building permit issued on or after January 1, 2005, in which case, then by no more than five percent (5%); or
2. Unless approved by the board of adjustment as a conditional use after January 1, 2010.
Dwelling, two-family, means a building occupied exclusively for residential purposes by two (2) families or two (2) housekeeping units, commonly known as a duplex. Townhouses are not included in this definition.
The term "dwelling, two-family" also includes a building occupied by five (5) or more unrelated individuals in a unit at any time within five (5) years prior to January 1, 2010, subject to the following:
(a) The occupancy of each unit is restricted to six (6) or less unrelated individuals;
(b) The use of the building as rental dwellings has not been abandoned;
(c) The building shall not be enlarged or expanded beyond the existing square footage as of January 1, 2010:
1. By more than twenty-five percent (25%) unless the building has been expanded by twenty-five percent (25%) or more under a building permit issued on or after January 1, 2005, in which case, then by no more than five percent (5%); or
2. Unless approved by the board of adjustment as a conditional use after January 1, 2010.
(d) The limitation on enlargement of the building set forth in Subsection (c) of this definition, above shall not apply in the case of the addition of a second unit in a Two-Family (R-2) Zone, provided that both units thereafter conform to the limitation of four (4) unrelated persons per dwelling unit.
Dwelling unit means one (1) room or rooms connected together, constituting a separate, independent housekeeping establishment for occupancy by a family as owner, by rental or lease on a weekly, monthly or longer basis; physically separated from any other rooms or dwelling units which may be in the same building, and containing independent kitchen and sleeping facilities.
Dwelling unit, accessory (ADU) means a smaller, secondary independent housekeeping establishment located on the same lot as a principal dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heating, cooking, and sanitation. There are two types of ADUs:
(a) Detached Structures. Examples include garages or other accessory structures.
(b) Attached Units. Attached units are connected to or part of the principal dwelling. Examples include converted living space, attached garages, basements or attics; additions; or a combination thereof.
Dwelling unit, farm employee means any accessory residence located in an agricultural zone, maintained exclusively for the occupancy of employees and their families or the owner's immediate family, in connection with an agricultural use on the property.
Eating and drinking establishment means an establishment where food and/or drinks are prepared and provided to the public for on-premises consumption by seated patrons or for carry-out service. Eating and drinking establishments may have outdoor seating areas. This term includes, but is not limited to, such uses as restaurants, bars, cocktail lounges, bakeries, delicatessen, ice cream parlors, and cafes. This term does not include drive-in restaurants or mobile food vendors.
Ecotourism means activities conducted in natural, greenspace, or environmentally sensitive areas that are offered to the public for the purpose of enjoyment, education, and active involvement in the activities of the site. These activities shall safeguard the integrity of a natural feature, habitat or ecosystem.
Elderly housing means multiple-family structures containing at least twenty-four (24) units and solely devoted to housing families consisting of two (2) or more persons, of which the head (or his spouse) is sixty-two (62) years of age or over, or is handicapped; and single persons who are sixty-two (62) years of age or over, or are handicapped.
Engineer, project, means a person currently licensed to practice engineering in the State of Kentucky and in good standing with the Kentucky board of registration for professional engineers and land surveyors; or a firm in good standing as an engineering company in Kentucky, if the work is to be accomplished other than as a sole practitioner. Work performed under the supervision or at the direction of the project engineer, including, but not limited to, preparation of plans, inspections, reports, testing, and directives or orders regarding work pursuant to these subdivision regulations, shall be considered to be the work of the project engineer. Whenever qualifications are questioned, the commission will consult with the bluegrass chapter of the Kentucky society of professional engineers or the consulting engineers council of Kentucky.
Engineer, urban county, means the director of the Lexington-Fayette Urban County Government Division of Engineering.
Entertainment, live, means any performance at an eating and drinking establishment or similar permitted use by any person, including, but not limited to, a patron of such establishment if such performance is part of a regularly occurring event. The term “live entertainment” includes, but is not limited to, singing, dancing, musical performance, DJ services, comedy acts, magic acts, variety acts, or performance contests engaged in by patrons.
Entrance, primary, means entrance used as the main pedestrian access point of a structure and along the front lot line.
Equine hospital means a veterinary hospital used primarily for the treatment and care of horses, which may include office facilities and the storage of medicinal supplies when accessory to the primary use.
Established grade means the finished elevation, at any point, of the ground level at the base of a fence, wall or projection.
Extended-stay hotel means multiple-family dwelling(s) with rental or lease of less than one (1) week, provided such rentals or leases of less than one (1) week shall comprise less than fifty percent (50%) of the total dwelling units within the structure(s).
Family or housekeeping unit means a person living alone, or any of the following groups living together and sharing common living and kitchen facilities:
(a) Any number of persons related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship;
(b) Four (4) or fewer unrelated persons;
(c) Two (2) unrelated persons and any children related to either of them or under their care through a duly authorized custodial relationship;
(d) Not more than eight (8) persons who are:
1. Residents of a "home-like" residence, as defined in KRS 216b.450;
2. The term "handicapped" as defined in the Fair Housing Act, 42 USC § 3602(h). This definition does not include those currently illegally using or being addicted to a "controlled substance" as defined in the Controlled Substances Act, 21 USC § 802(6).
(e) Not more than six (6) unrelated individuals when in compliance with the provisions of the definitions of "dwelling, single-family" or "dwelling, two-family," as contained in this Article.
(f) A functional family as defined and regulated
Family, functional, means a group of five (5) or more persons, not otherwise meeting the definition of "family," who desire to live as a stable and permanent single housekeeping unit and who have received a conditional use permit from the board of adjustment. The term "functional family" does not include:
(a) Residents of a boarding or lodging house;
(b) Fraternity, sorority or dormitory;
(c) Any lodge, combine, federation, coterie or like organization;
(d) Any group of individuals whose association is temporary or seasonal in nature;
(e) Any group of individuals who are in a group living arrangement as a result of criminal offenses.
Farm gift shop means an accessory retail facility limited to a maximum of five hundred (500) square feet in size that offers for sale farm products grown or raised on the premises, and/or memorabilia representative of the farm products grown or raised on the premises, such as hats, shirts, and souvenirs.
Farm market, commercial, means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public primarily agricultural products such as fresh produce, seasonal fruits, fresh plants or flowers, value-added products, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on-site. The term "farm market" shall not include the sale of livestock.
Farm producers means any person, persons or legal entities who are actually engaged in the business of producing/growing farm-raised products they sell at the market.
Farm tour means an accessory use to a working or active farm or other agricultural use that permits visitors a way to see and experience on-going agricultural operations and facilities, but shall not include overnight accommodations.
Festival means a temporary public or commercial gathering lasting no longer than ten (10) days per calendar year where entertainment, food, crafts, and the like are offered for viewing or for sale.
Fishing or hunting club means areas reserved for public or private hunting of wildlife, fishing, and accessory structures in support of those activities, but shall not include overnight accommodations, or rifle or other firearm ranges.
Fishing lake means a body of water that is located on private property where a fee is paid in order to fish.
Floor area means the sum of the gross areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerlines of walls separating two (2) buildings. In particular, floor area includes:
(a) Basement space at least seven and one-half (7½) feet in height;
(b) Elevator shafts or stairwells at each floor;
(c) Penthouses;
(d) Attic space (whether or not a floor has been laid) providing structural headroom of seven and one-half (7½) feet or more; interior balconies, mezzanines, hallways, lobbies;
(e) Floor space in accessory buildings not used for off-street parking;
(f) Laundry rooms, game rooms, or other spaces designed for the common use of the occupants;
(g) Any other floor space not specifically excluded.
However, the floor area of a building shall not include:
(a) Non-habitable basement space which is less than seven and one-half (7½) feet in height;
(b) Elevator or stair bulkheads;
(c) Accessory water tanks, or cooling towers;
(d) Outside steps that are uncovered;
(e) Attic space (whether or not a floor has been laid) providing structural headroom of less than seven and one-half (7½) feet;
(f) Mechanical equipment space;
(g) Interior space used exclusively as parking space for motor vehicles.
Floor area, parking, means the floor area of a structure as defined herein, exclusive of any covered pedestrian area in a mall, less storage and warehouse areas, laundry rooms, game rooms, or other spaces designed for the common use of the occupants, and used principally for non-public purposes of said structure. Any basement or cellar space used for retailing shall be included in the parking floor area for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
Floor area ratio means floor area of buildings on a lot divided by pre-development net ground area of the lot on which it is located.
Fraternity or sorority house means a building used as a living and/or gathering quarters for students of a college, university or seminary (not living in a "dormitory" as defined herein) who are members of a fraternity or sorority that has been or is seeking to be officially recognized by the college, university or seminary; or their guests. In identifying such use, the following factors shall be among those considered, regardless of number of occupants:
(a) Signage or other indications that the building is used by a fraternity or sorority;
(b) Fraternity- or sorority-sponsored social activities, such as meetings; parties; dances or other gatherings; and
(c) Events to which fraternity or sorority alumni or prospective members are invited.
The term "family or housekeeping unit" or "boarding or lodging house" as defined herein are excluded, unless the use demonstrates specific characteristics of use as set forth above.
Garage, community, means a structure or structures only for the storage of passenger vehicles or trailers of residents of the neighborhood.
Garage, private, means a space or structure, including a carport, on the same lot with or in the building to which it is accessory, primarily for storage of passenger vehicles of the residents of the premises, with no facilities of a commercial or public nature.
Garden center means establishments used primarily for the sale of live plants, including greenhouses and plant nurseries. When accessory to the sale of plants, the sale of the following items shall be allowed: cut plants, cut trees and wreaths, bulbs and seeds which may have been transported to the premises for the purpose of resale; ground covers; fungicides, insecticides, chemicals, peat moss, humus, mulches and fertilizers; lawn statuary, furniture, bird baths, bird feeders, birdhouses and pottery; pots and containers for plants; artificial flowers; home lawn and garden equipment, including manual and automatic grass cutting devices, grass seeding devices, mulchers, thatchers, tillers, but not including farm tractors and machinery; garden landscape devices, including railroad ties, stepping stones, fencing, edging, trellises, plastic and burlap; hand tools such as sprayers, shovels, dusters, rakes, hoes, and watering devices; firewood; landscape planning and contracting services incidental to the garden center to include contractual services for lawn and garden sprigging, maintenance, fertilizing, spraying and mowing.
Garden, market, means an area of land less than five (5) contiguous acres in size for the cultivation of food and/or non-food crops by an individual or a group of individuals to be sold on site. Such a garden may be located on the ground, in raised beds, or on rooftops; and may utilize greenhouses, hoop houses, high tunnels, vertical gardens, hydroponic systems or aquaponics systems alone or in combination with other techniques for growing food or non-food crops.
Green infrastructure means the use of natural features, restored or engineered, to provide multiple benefits to communities including reducing flooding, minimizing urban heat island impacts, and improving water and air quality. Green infrastructure often refers specifically to stormwater infrastructure and stormwater control design approaches and technologies that mimic the natural hydrologic cycle processes of rainfall infiltration, evapotranspiration, and reuse. The phrase is generally contrasted with "gray infrastructure," which relies on a constructed system of pipes and mechanical devices to capture and convey stormwater runoff.
Greenway means an area defined as a "greenway" in the comprehensive plan or other adopted plan.
Hazardous materials means any chemical, biological or radiological compound, gas, oil, gasoline, lubricant or other petroleum products, substances, solution or mixture which, because of its quality; quantity; concentration; physical or infectious characteristics; or any combination thereof, when released into the environment, presents or may present harmful or potentially harmful effects to human health or welfare or the environment.
Height of building means the vertical distance from the established grade in front of the lot or from the average natural grade at the base of the front building wall, if higher, to the average height of the top of the cornice of flat roofs, or roof line or to the deck line of a mansard roof, or to the middle height of the highest gable or dormer in a pitched or hipped roof; or if there are no gables or dormers, to the middle height of such pitched or hipped roof. See Article 15 for general height regulations.
Height-to-yard ratio means height of building as related to minimum rear and each side yard permitted; i.e., for 2:1 ratio, a 40-foot building must have a minimum rear and each side yard of twenty (20) feet.
Heliport means a facility used exclusively for helicopter operations, including landing; takeoff; loading; discharging; fueling; maintenance; and/or transient storage of helicopters.
Helistop means a facility used exclusively for helicopter landing, take-off, loading, discharging, and/or transient storage of helicopters; but not including facilities for maintenance, fueling or long-term storage of helicopters.
Historic district, local, means a designation that carries with it a design review process, within the purview of the board of architectural review, that is based on specific design guidelines for exterior work and changes to the property. Properties that are within a local historic district carry an H-1 Overlay Zone in addition to the underlying zoning category.
Historic district, national register, means a federal designation, awarded by the Department of the Interior, which provides recognition of a property's archaeological, architectural or historical significance.
Historic house museum means a building currently or formerly used as a residence, having public significance by reason of its architecture or former use or occupancy; designed for preserving and exhibiting artistic, historical, scientific, natural or manmade objects of interest. This use may also include, as an accessory use, the sale of objects collected and memorabilia; the sale of crafts and artwork; and the holding of meetings and social events.
Home-based business means a gainful occupation or profession carried on in a residence that involves:
(a) Customers or clients coming to the residence; and/or
(b) The use of materials or equipment that are potentially disturbing to surrounding properties due to noise, odors, flammability or some other risk factor.
Examples include, but are not limited to, individual music instruction; athletic training; counseling services; and upholstery work.
The term "home-based businesses" shall not include offices for escort services; massage parlors; automobile and small engine repair; medical or dental offices; palm reading or fortune telling; catering or food-handling requiring a commercial kitchen; and uses, other than upholstery, which are first permitted in the B-4, I-1 or I-2 zone.
Home occupation means a gainful occupation or profession carried on in a residence that does not involve customer or client visits to the residence (excluding pick-up or pre-ordered items or drop-off of items to be repaired); and materials or equipment used in the conduct of the home occupation is limited to items that have minimal potential for disturbing surrounding properties due to noise or potentially harmful chemicals. Examples include, but are not limited to, sewing, handicrafts, homebased processing, and computer graphics, and/or design.
Home office means an office for record-keeping and administration of work.
Hospice means a facility that provides support and care for persons in the last stage of an incurable disease or condition, and to their families. Overnight, in-patient and out-patient facilities may be included, as well as offices, storage and an associated pharmacy. Medical care, palliative care, counseling and education may be provided.
Hospitality house means a multifamily residence or boarding facility operated strictly on a non-profit basis, by a non-profit organization and utilized solely for the provision of temporary lodging for the immediate family and/or legal guardians of an individual undergoing treatment within a local hospital.
Hotel means a building or group of buildings containing individual sleeping or living units, designed for the temporary occupancy of transient guests; and including hotels, tourist courts, motor lodges, motor hotels or auto courts, but not including boarding or lodging houses.
Infill and redevelopment areas means areas located within the urban service area of Lexington-Fayette County, generally characterized by lots that were established prior to 1934. Excluded from these areas are lots that are located in an identified national register historic district where average residential lot sizes are greater than nine thousand, five hundred (9,500) square feet, and as more particularly described in the adopted comprehensive plan map of the infill and redevelopment areas.
Infrastructure development agreement means an agreement for a project in which infrastructure improvements are proposed to be constructed among the LFUCG, the developer, and the project engineer, which specifies the obligations and requirements of the parties. The infrastructure development agreement shall be in a form and contain the requirements set forth in the procedures manual.
Junk yard means an outdoor area where waste or discarded or salvaged materials or inoperable vehicles are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including auto wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment; but excluding such uses when conducted entirely within a completely enclosed building. The term "junk yard" does not include recycling drop-off centers, pawn shops, establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment; the processing of used, discarded or salvaged materials as part of manufacturing operations; and vehicle storage yards.
Kennel means commercial business for the sale or temporary boarding of more than three (3) dogs, but not including the ownership and occasional sale of dogs at, in, or adjoining a private residence.
Kitchen facilities means equipment arranged in a room or some other space in a structure which facilitates the preparation of food, including, but not limited to, a combination of two (2) or more of the following: a range, microwave oven, dishwasher, kitchen sink, or refrigerator.
Detached accessory structures shall not be permitted to contain kitchen facilities unless that structure is an accessory dwelling unit. A wet bar, including a single sink with a waste drain and a refrigerator may be installed in an accessory structure, provided there are no bathroom facilities, unless such facilities are separated and independently accessed. A wet bar may not include provisions for cooking, other than a microwave oven.
Lighting cutoff means any shielding that conceals the source of lighting visible from the property lines of a site.
Lot means a parcel of land of at least sufficient size to meet the minimum zone requirements for use, coverage and area, and to provide such yards and open spaces as required under this Zoning Ordinance.
Lot area means the amount of surface land contained within the property lines of a lot, including land within easements on the lot, but excluding any land within street right-of-way.
Lot, corner, means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street; and where, in either case, the interior angle formed by intersection of the street lines does not exceed one hundred thirty-five (135) degrees.
Lot coverage means the computed ground area occupied by all buildings within a lot.
Lot depth means the mean horizontal distance between the front and rear lot lines.
Lot frontage means the distance between the side lot lines measured along the front building line of the lot, as determined by the prescribed front yard requirement of the zone in which the lot is located, or as designated by the final record plat, whichever is greater.
Lot lines means the property lines bounding the lot.
Lot line, front, means in the case of a lot abutting upon only one (1) street or alley, the line separating such lot from such street. In the case of any other lot, the owner shall, for the purpose of this Zoning Ordinance, have the privilege of electing any street lot line as the front lot line, provided that such choice, in the opinion of the division of planning or the division of building inspection, as appropriate, will not be injurious to the existing, or to the desirable future development of adjacent properties.
Lot line, rear, means ordinarily, that lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, a line ten (10) feet in length entirely within the lot, parallel to and most distant from the front lot line shall, for the purpose of this ordinance, be considered the rear lot line. In other cases not covered herein, the division of planning or the division of building inspection, as appropriate, shall designate the rear lot line.
Lot line, side, means any lot line other than a front or rear lot line.
Lot line, street or alley, means a lot line separating the lot from a street or alley.
Lot width means the mean horizontal distance across the lot, measured at right angles to the depth.
Mail order business means a business engaged in the sale of manufactured products, goods, merchandise and finished products primarily through means of mail or telephone orders, including the administrative offices of such business.
Mail service facility means a commercial establishment that conducts the retail sale of stationery products, provides packaging and mail services to retail customers, and provides mailboxes for lease.
Massage parlor means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment is administered by a medical practitioner; chiropractor; acupuncturist; physical therapist or similar professional person licensed by the Commonwealth of Kentucky or another state. This definition does not include an athletic club facility, health club, school, gymnasium, reducing salon or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Medicinal cannabis means marijuana as defined in KRS 218A.010 when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with KRS 218B. This definition includes medicinal cannabis products and raw plant material; but does not include industrial hemp or industrial hemp products as defined in KRS 260.850.
Medicinal cannabis cultivator means a business that is licensed to grow medicinal cannabis in compliance with KRS 218B, more specifically to:
(a) Acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis seeds, seedlings, plants, or raw plant material;
(b) Deliver, transport, transfer, supply, or sell raw plant material or related supplies to other licensed cannabis businesses in this state; or
(c) Sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
Medicinal cannabis cultivators are regulated in four tiers by KRS 218B, as follows:
(a) A Tier I cultivator shall not exceed an indoor growth area of two thousand five hundred (2,500) square feet.
(b) A Tier II cultivator shall not exceed an indoor growth area of ten thousand (10,000) square feet.
(c) A Tier Ill cultivator shall not exceed an indoor growth area of twenty-five thousand (25,000) square feet.
(d) A Tier IV cultivator shall not exceed an indoor growth area of fifty thousand (50,000) square feet.
Medicinal cannabis dispensary means an establishment that is licensed in compliance with KRS 218B to:
(a) Acquire or possess medicinal cannabis from a cultivator, processor, or producer in this state;
(b) Acquire or possess medicinal cannabis accessories or educational material;
(c) Supply, sell, dispense, distribute, or deliver medicinal cannabis, medicinal cannabis accessories, and educational material to cardholders or other dispensaries;
(d) Sell cannabis seeds to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction; or
(e) Acquire, accept, or receive medicinal cannabis products from a cardholder pursuant to KRS 218B.110.
Medicinal cannabis processor means a business that is licensed in compliance with KRS 218B to:
(a) Acquire or purchase raw plant material from a cultivator, processor, or producer in this state;
(b) Possess, process, prepare, manufacture, manipulate, blend, or package medicinal cannabis;
(c) Transfer, transport, supply, or sell medicinal cannabis and related supplies to other cannabis businesses in this state; or
(d) Sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction.
Medicinal cannabis producer means a business that is licensed in compliance with KRS 218B to:
(a) Acquire, possess, plant, cultivate, raise, harvest, trim, or store cannabis seeds, seedlings, plants, or raw plant material;
(b) Deliver, transport, transfer, supply, or sell raw plant material, medicinal cannabis products, or related supplies to other licensed cannabis businesses in this state;
(c) Sell cannabis seeds or seedlings to similar entities that are licensed to cultivate cannabis in this state or in any other jurisdiction;
(d) Acquire or purchase raw plant material from a cultivator in this state; or
(e) Possess, process, prepare, manufacture, manipulate, blend, or package medicinal cannabis.
Medicinal cannabis product means any compound, manufacture, salt, derivative, mixture, or preparation of any part of the plant Cannabis sp., its seeds or its resin; or any compound, mixture, or preparation which contains any quantity of these substances when cultivated, harvested, processed, produced, transported, dispensed, distributed, sold, possessed, or used in accordance with KRS 218B. This definition does not include industrial hemp products as defined in KRS 260.850.
Medicinal cannabis safety compliance facility means an establishment licensed in compliance with KRS 218B to:
(a) Acquire or possess medicinal cannabis obtained from cardholders or cannabis businesses in this state;
(b) Return the medicinal cannabis to cardholders or cannabis businesses in this state;
(c) Transport medicinal cannabis that was produced by cannabis businesses in this state;
(d) Produce or sell approved educational materials related to the use of medicinal cannabis;
(e) Produce, sell, or transport of equipment or materials other than medicinal cannabis, including but not limited to lab equipment and packaging materials that are used by cannabis businesses and cardholders, to cardholders or cannabis businesses licensed under this chapter;
(f) Test medicinal cannabis produced in this state;
(g) Train cardholders and cannabis business agents;
(h) Receive compensation for actions allowed under this section; and
(i) Engage in any non-cannabis-related business activities that are not otherwise prohibited or restricted by state law.
Micro-brewery means a facility within a completely enclosed building which is intended for the production of up to twenty-five thousand (25,000) barrels per year of malt beverages, under the terms and conditions specified by KRS 243.157, KRS 243.150, and other applicable laws.
Mining means underground excavation made into the earth from which to extract materials produced for sale, exchange or commercial use.
Mobile food vendor park means a designated area or space where multiple food vendors, often operating from food trucks or mobile carts, gather to sell a variety of prepared foods to customers. Such uses shall:
(a) Provide waste receptacles and recycling bins;
(b) Provide a minimum twenty percent (20%) shared common area for customer use, which includes elements such as seating areas, restroom facilities, and lawn and landscaped areas;
(c) Utilize shore power during operating hours; and
(d) Provide restroom facilities for both customers and employees.
Mobile home means any factory-built structure, with or without a permanent foundation, as defined in KRS 227.550, which is designed and constructed on a permanent chassis to permit occupancy for dwelling or sleeping purposes, either permanent or temporary, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained therein. These are also known as "manufactured homes," which are regulated by the federal government and the state fire marshal, and are required to carry only a "HUD" seal applied by the manufacturer.
Motel means a building or group of buildings, containing individual sleeping or living units, designed for the temporary occupancy of transient guests and including hotels; tourist courts; motor lodges; motor hotels or auto courts; but not including boarding or lodging houses.
Nature preserve means an area intended to remain in a predominantly natural or undeveloped state to provide resource protection, which may include possible opportunities for passive recreation and environmental education for present and future generations.
Neighborhood Design Overlay Zone means an overlay zone, applied in addition to the underlying zoning category, whereby key characteristics of a particular neighborhood or area are preserved for either new building (infill) construction or replacement of existing structures.
Nightclub means a commercial establishment for dancing and live entertainment, which may or may not include dispensing and serving alcoholic beverages for consumption on the premises.
Nursing home means a facility for which four (4) or more persons may be admitted for periods exceeding twenty-four (24) hours to receive treatment and/or medication for bodily illness, including convalescence from illness.
Open space means land or water area not covered by enclosed structures, vehicular use areas, or streets. Such an area may be predominately in a natural condition or modified for uses such as recreation, education, aesthetics, cultural or natural resource management or public health and safety.
Common area is a specific type of usable outdoor area which is managed and maintained for common use by groups of residents, occupants, or users of a development. Common areas are owned by a private individual or entity, such as an owners association or other mechanism. Common areas shall be designed to enhance the visual character of the area, protect public safety, and minimize conflicts with adjacent land uses.
Useable area is the general outdoor area of a lot intentionally designed for outdoor living and pedestrian access. Such areas include unenclosed ground and roof space a minimum of ten (10) feet wide, and balconies, porches and the like a minimum of five (5) feet wide. Useable open space may include hardscape, landscape, or portions of water areas designed to accommodate or support use. Streets, vehicular use areas, and required vehicular use area interior landscaping do not qualify as useable open space.
Vegetated area means the outdoor area of a lot at ground-level or roof-level consisting of preserved existing vegetation or new vegetation. At least seventy-five (75) percent of the area must be covered by living plants. Required vehicular use area interior landscaping is not included. Invasive tree and plant species, per the LFUCG Planting Manual, are not included.
Parking lot, area, or structure means an area not within a building for temporary (less than 24-hour) off-street parking, loading or unloading of vehicles, whether required or permitted by this Zoning Ordinance; including driveways, access ways, aisles, and maneuvering areas; but not including a loading dock or any public or private street right-of-way.
Passenger transportation terminal means a facility used by one (1) or more bus companies in providing inter-city transportation of passengers and goods, including, but not limited to, vehicle storage and maintenance, continuous use by multiple buses, and services for bus transients, such as food, restrooms, and waiting areas, as well as activities permitted as a bus agency.
Paved area means an area of concrete, asphalt, brick, permeable pavers or other suitable hard surface materials; excluding loose aggregate or other types of gravel.
Pawnshop means any establishment which loans money on deposit of personal property, or which deals in the purchase of personal property on condition of selling the property back again at a stipulated price; or which makes a public display at its place of business of the sign generally used by pawnbrokers to denote their business; or which publicly exhibits a sign advertising money to loan on personal property for deposit.
Permeable paving materials means paving materials that permit the movement of water under ordinary hydrostatic pressure. This does not include gravel or loose aggregate.
Personal care facility means a long-term facility with resident beds, devoted primarily to the care of aged or invalid persons who do not require the level of intensive care normally provided in a hospital or nursing home; but who do require care in excess of room, board and laundry.
Personal service or personal service establishment means commercial business providing services to individuals, such as beauty and barber shops, shoe repair, dressmaking and tailoring.
Petting zoo means a collection of farm animals or domesticated animals for children to pet and feed.
Plant nursery means an establishment engaged in the outdoor cultivation of only trees and shrubs for transplanting. A greenhouse may be an accessory structure when used to propagate and prepare the trees or plants for planting on the premises.
Plaza means a public square or extra wide sidewalk (e.g., on a street corner) that allows for special events, outdoor seating, sidewalk sales, and similar pedestrian activities (similar to a courtyard; however, primarily for public, as opposed to private, use).
Pool or billiard hall means any establishment which has, as part of its operation, three (3) or more pool or billiard tables on the premises.
Primary entrance means the place of ingress and egress for a structure used most frequently by the public.
Principal structure means a building in which is conducted a principal or conditional use. In any residential zone, any structure containing a dwelling unit (other than an accessory dwelling unit) shall be deemed a principal structure on the lot on which the same is located. Where a non-conforming use is the primary use on the property, the building in which it is located shall be deemed a principal structure.
Private walkway means a paved area used for pedestrian activity outside of the public right-of-way.
Professional service means any business, department, or individual who provides a service or expertise rather than a manufactured product. There shall be no generation of dust, odors, noise, vibration, or electrical interference or fluctuation perceptible beyond the building footprint. Such services include but are not limited to beauty salons, barber shops, tailoring services, tattoo parlors, financial services, and legal services.
Quarrying means surface excavation for the extraction of any non-metallic mineral, excluding coal, which is produced for sale, exchange, or commercial use.
Recreation, active, means recreational activities involving moderate to high intensity use requiring modification of natural landforms and the provision of service facilities, playing fields or equipment. These activities include, but are not limited to, playground equipment, sports fields, surfaced courts, volleyball courts, batting cages, swimming pools, skateboard facility, skating rinks, equine-related training and riding facilities.
Recreation, commercial, means any recreational activity or facility in which a fee is collected or tickets are sold.
Recreation, non-commercial, means any recreational activity or facility which is available at no cost; or is available as an amenity for members, employees, residents or other special populations.
Recreation, passive, means recreational activities that do not require strenuous physical effort and may occur in a natural setting requiring minimal development, minimal alteration of vegetation, and providing areas for informal activities, including: walking, hiking, bird watching or other natural observation, photography, primitive camping, picnicking, archaeological or historic preservation, and fishing.
Recreational outfitter means an establishment that provides equipment and supplies for the pursuit of recreational activities; such as canoeing, hiking, fishing or trail riding. Recreational outfitters may offer services for outdoor tourism including guide services and transportation services,
Recreational vehicle means a vehicle primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, camping trailers, truck campers, motor homes and park vehicles.
Recycling drop-off center means a facility for the collection of waste paper, rags, scrap metal, or other discarded material; not to include used furniture and household equipment, used cars or used lumber.
Rehabilitation home means a building or group of buildings providing a supervised residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorders, or as a condition of their parole or probation. Such homes may provide counseling in educational, vocational, or other areas by a paid or volunteer staff and generally have 24-hour-a-day supervision. This definition does not apply to uses regulated by KRS 100.982.
Residential infill means construction of new residential building(s) on vacant or by-passed land within the urban service area.
Restaurant means an eating establishment where food is served and/or consumed primarily within the building and where consumption of food in motor vehicles on the premises is not encouraged.
Note: A restaurant may only include drive-through facilities (where food is served to patrons while in their motor vehicles through a window or other facilities and consumption on the premises in motor vehicles is not encouraged) as permitted and regulated in the zone in which the restaurant is located.
Restaurant, drive-in, means an eating establishment where food is served by employees or by self-service outside the building and is consumed on the premises, principally in a motor vehicle.
Retail sales establishment means a commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
Retail sales establishment, bulk merchandise, means a retail establishment engaged in selling goods or merchandise to the general public, as well as to other retailers, contractors or businesses rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs. Bulk retail is differentiated from general retail by the following characteristics: items for sale include large, categorized products (e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock) and may also include a variety of carryout goods (e.g., groceries, household and personal care products).
Riding stable means a structure or land use in which equines are kept for boarding, riding or training.
Roadside stand means a temporary structure designed or used for the display or sale of agricultural products grown on the premises upon which such a stand is located.
Satellite dish antenna means an accessory structure, consisting of a parabolic-shaped antenna structure used to receive television signals from satellites or other objects in terrestrial orbit.
Satellite dish antenna, ground-mounted, means a satellite dish antenna mounted and anchored at grade so that the distance from the highest edge of the dish to the existing grade does not exceed twelve (12) feet.
Satellite dish antenna, pole-mounted, means a satellite dish antenna mounted and anchored to the ground by a pole so that the distance from the highest edge of the dish to the existing grade exceeds twelve (12) feet.
Satellite dish antenna, roof-mounted, means a satellite dish antenna mounted directly upon the roof of a structure and not attached to any appurtenance such as a chimney, tower, or spire.
Scenic byway means a state designated roadway maintained by a local government that has roadsides or view sheds of aesthetic, cultural, historical, or archaeological value worthy of preservation, restoration, protection or enhancement.
Scenic highway means a state designated, state-maintained roadway or highway that has roadsides or view sheds of aesthetic, cultural, historical, or archaeological value worthy of preservation, restoration, protection or enhancement.
Seasonal activities means any activity which is performed or operated temporarily during one (1) season of a calendar year, for a period not to exceed ninety (90) days with a maximum of two (2) times per calendar year. Such activities may include a pumpkin u-pick farm, corn maze, or the like.
Schools for academic instruction means all schools offering primarily classroom instruction with participation of teachers and students, limited to elementary, junior and middle high schools, high schools, junior colleges, colleges, theological seminaries, bible colleges, and universities; but not including business colleges, technical or trade schools.
Sexual entertainment center means an establishment, not otherwise specifically defined in this Article, which makes available material, services, or entertainment appealing to adult sexual interests, including, but not limited to, a bath house; swingers' club; or similar establishment if the establishment or its entertainment, services, or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
Short Term Rental (STR) means the commercial use of a dwelling unit that is rented in whole or in part, for temporary occupancy by transient guests for a tenancy of less than thirty (30) consecutive days in duration, where no meals are served. This term does not include hotel or motel rooms, extended stay hotels, bed and breakfast facilities, boarding or lodging facilities, or farm employee dwelling units. Transient guests are those who have an established primary residence elsewhere, and this term shall not be construed to include individuals that rent a primary residence on a weekly basis.
Hosted Short Term Rental means a short term rental in which the dwelling unit utilized as the STR, or another dwelling unit on the subject property is a primary residence and a primary resident (as defined in Section 13-76
of the Code of Ordinances) continues to occupy the property while the short-term rental is being rented to a transient guest.
Un-Hosted Short Term Rental means a short term rental in which a primary resident (as defined in Section 13-76
of the Code of Ordinances) does not occupy the property during the short term rental period.
Small farm Micro-Distillery means a distillery associated with an existing small farm winery and located on an active farm that produces less than 1,000 gallons of distilled spirit annually, and operated under a Class B License as defined in KRS 243.120. The small farm micro-distillery must include at least one agricultural resource grown on the property (e.g., grapes, corn rye, wheat) as a component of the product produced by the distillery. The small farm micro-distillery may include all accessory activities as permitted in KRS 243.0305 and 243.035, without limitation. Such uses include product sampling, souvenir package sales, retail drink sale, and bottling.
Specified anatomical areas means:
(a) Less than completely and opaquely covered:
(1) Human genitals;
(2) Pubic region;
(3) Buttocks;
(4) Female breast below a point immediately above the top of the areola;
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, sodomy, oral sex (real or simulated), fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts, or sexual contact between humans and animals.
Sportsmen's farm means an outdoor recreation facility for archery; paintball; skeet, trap rifle and other firearm sports.
Stockyard means an establishment or facility commonly known as stockyards; conducted, operated or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies and buyers; consisting of pens or other enclosures and their appurtenances, in which live cattle, sheep, swine, horses, mules, goats or other farm animals are received, held or kept for sale or shipment in commerce.
Storage means the keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession.
Story means that portion of a building, other than a cellar or mezzanine, included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and ceiling next above it.
Street means any vehicular way. The term "street" is a general term used to describe right-of-way, which provides a channel for vehicular and pedestrian movement between certain points in the community, which may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of under- or above-ground utilities. Streets are classified by function as follows:
Expressways hold the first rank in the classification of streets, and are used only for movement of vehicles, providing for no vehicular or pedestrian access to adjoining properties; interchange of traffic between an expressway and other streets is accomplished by grade separated interchanges with merging deceleration and acceleration lanes, and no at-grade intersections are permitted. Expressways generally carry higher volumes, require greater right-of-way width, and permit higher speed limits than any other class of street, and should be depressed in urban or urbanizing areas. Arterials are the only class of street which generally should be connected with expressways at interchange points.
Arterials hold the second rank in the classification, and should be used only for the movement of vehicles, and preferably should not provide for vehicular access to adjacent properties. Interruption of traffic flow should be permitted only at street intersections, which should contain medians, deceleration lanes, and left turn storage lanes. Arterials are the link between expressways and collectors, and rank next to expressways in traffic volume, speed limit, and right-of-way width.
Collectors/connectors hold the third rank in the classification of streets, and are used both for movement of vehicles and for providing access to adjacent properties. Access to adjoining properties should be planned and controlled so that minimum disturbance is made to the traffic moving efficiency of the collector/connector street. Intersections should contain medians, deceleration lanes, and left turn storage lanes. Collectors/connectors are the link between arterials and local streets. Collectors/connectors generally rank next to arterials in traffic volume, speed limit, and right-of-way width.
Locals hold the fourth rank in the classification of streets, and are used primarily for providing access to adjacent properties. Vehicles moving on these streets should have an origin or destination in the immediate vicinity, and all types of through traffic should be eliminated through initial design of its connections with other streets. Local streets are the primary link between trip generation points (homes, offices, stores, work) and collector streets. Locals have the least right-of-way, the lowest speed limit, and the least amount of vehicular traffic. Local streets can be subdivided further into the following sub-classes:
Continuing streets means local streets having two (2) open ends; each end generally connects with different streets; one (1) or more other street may intersect it between its two (2) open ends, and property fronts on both sides of the streets.
Service roads means local streets which are parallel to a street with a higher classification on one (1) side and are parallel to properties requiring access on the other side. A service road generally has two (2) or more open ends, connecting at intersections with streets that run perpendicular to the service road and its adjacent street of higher classification. In this way, a service road provides an access route to properties adjacent to higher classification streets; while, at the same time, reducing the number of access points from these properties onto the higher classification street. Generally, in a given block, one (1) or no access points are provided directly to the higher classification streets, but multiple access points are provided to the adjacent properties.
Loop streets means local streets having two (2) open ends; each end generally connects with the same street; no other streets generally intersect between its two (2) ends, and property fronts on both sides of the street.
Close streets means close streets are one-way local streets forming a "u" shape and having two (2) open ends; each end generally connects with the same street. Property fronts on the outside of the "u," but the interior of the "u" should be natural or landscaped open space. This interior area should generally be between fifty (50) and one hundred (100) feet wide. The close street is a neo-traditional street design used as an alternative to cul-de-sacs in areas where it is difficult to provide a through street.
Cul-de-sac streets means local streets having only one (1) open end providing access to another street; the closed end provides a turnaround circle for vehicles; no other street generally intersects between the two (2) ends, and property fronts on both sides of the street.
Dead-end streets are similar to cul-de-sacs, except that they provide no turnaround circle at their closed end and are not permitted as streets in any proposed subdivision. Stub streets planned for future connection are not considered to be dead-end streets.
Alleys means streets which generally have two (2) open ends; each end connects with different streets, and property generally backs onto both sides of the alley. Special permission from the commission is required whenever alleys are used.
Rural roads means local streets providing access to properties in the rural service area, as well as providing for movement between certain points in the community. A rural roadway includes a right-of-way, the street pavement, and may include paved shoulders and drainage ditches.
Structure means anything constructed, the use of which requires permanent or continuous location on the ground, or attached to something having permanent location on the ground.
Tattoo parlor means a commercial establishment whose principal business activity is the practice of placing designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin, using needles or other instruments designed to contact or puncture the skin.
Temporary structure means anything constructed and placed on the ground without a permanent foundation and consisting of four hundred (400) square feet or more in size, the use of which is designed for use or occupancy for only one hundred eighty (180) days or fewer per 12-month period. Any structure intended to remain in place in excess of that time period must be permitted as a permanent structure. For purposes of regulating the use of such structures, any limitation stated in this ordinance shall be calculated by the cumulative consideration of the use of any and all such structures on a single property. This use must also be consistent with the requirements and limitations, if any, of the Kentucky Building Code.
Topsoil means the surface layer and its underlying materials that have properties capable of producing desirable reclamation and vegetation.
Townhouse means a single-family attached dwelling, each dwelling designed and erected as a unit, separated from one another by a common wall, and capable of being subdivided into separate lots.
Trailer means any portable structure having no foundation other than wheels, jacks, or skirtings; or any vehicle so designed or constructed as to permit:
(a) Temporary occupancy for dwelling or sleeping purposes;
(b) The conduct of any business, trade, occupation, profession, or use as a selling or advertising device; or
(c) The transportation of personal property; and including automobile trailers, campers, and tourist trailers, but not including a mobile home.
Transfer station means a facility, as defined in KRS 224.01(010), for the compacting and reloading of solid waste as defined in KRS 109.012(9) prior to its transportation to a permanent disposal site.
Tree canopy tour means a guided aerial exploration or transit of the forest canopy, most commonly by means of a series of zip lines or aerial walkways with platforms constructed within the trees generally for scenic views, education, interpretation and recreation.
Truck terminal means land and buildings used as a relay station for the transfer of freight from one (1) truck to another; or for the parking or storage of semi-trailers for longer than twenty-four (24) hours, including tractor and/or trailer units. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. A truck terminal may include areas for the washing or repair of trucks associated with the terminal, but does not include an establishment solely for the display, rental, sale and minor repair of trucks.
Value-added product sales means the sale of items that have been produced in a manner that enhances their value (such as organically), or items that have had a change in the physical state or form of the product (such as milling wheat into flour, making strawberries into jam, pressure canning vegetables, making salsa or producing honey) from an agricultural resource.
Vehicle storage yard means a place where vehicles, which have a current vehicle registration and bear a current license plate in accordance with state law, and not used in the conduct of a trade; business; or profession are kept for twenty-four (24) hours or longer. A vehicle storage yard does not include a yard for storage of dismantled or partially dismantled automobiles, storage of inoperable vehicles for longer than sixty (60) days, a parking lot, truck terminal, automobile wrecking, or junk yards.
Walkable route means the route that a pedestrian may travel between origins and destinations without obstruction and with clear delineation through vehicle use areas. Walkable routes consist of a continuous network of sidewalks, all weather-surface footpaths, crosswalks, or equivalent pedestrian facilities which are accessible to people of all ages and abilities, as defined by the Americans with Disabilities Act and other Federal, State, and local regulations and guidance. Walkable routes connect accessible building entrances to pedestrian facilities in the public right-of-way. Walking distance is specified as the length of the walkable route.
Wall plane, primary, means a building wall or facade that faces the public right-of-way or street that provides the lot frontage. On through lots, corner lots or lots with multiple frontages on public rights-of-way, only one (1) such wall plane shall be required.
Wall plane, rear, means a building wall or facade that is ordinarily opposite to the primary wall plane.
Wall plane, side, means a building wall or facade on the side of a structure, other than the primary or rear wall plane.
Wholesale establishment means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, institutional or professional business users; or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Wholesale establishment with warehouse means the display, storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment, including truck terminal or bus servicing facilities; motor freight transportation; moving and storage facilities; warehousing and storage activities.
Woodlot, commercial, means premises, or portions thereof, used for seasoning and storage of firewood and for cutting and splitting of timber to produce firewood for later resale (excluding sawmills, planing mills).
Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as herein specified. The depth of a front yard is the shortest distance, measured horizontally, between any part of a building, exclusive of such parts herein excepted, and the front lot line.
Yard, rear, means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as herein specified. The depth of a rear yard is the shortest distance, measured horizontally, between any part of a building, exclusive of such parts herein excepted, and the rear lot line.
Yard, side, means an open space between a building and a side lot line, unoccupied and unobstructed from the ground upward, except as herein specified. The width of a side yard is the shortest distance, measured horizontally, between any part of a building, exclusive of such parts herein excepted, and the nearest side lot line.
Yard, side street side, means a yard abutting the side street of a corner lot, unoccupied and unobstructed from the ground upward, except as herein specified, and extending from the front yard line to the rear lot line, and being the least distance between the lot line abutting the side street and the building.
Youth camp means a facility for the primary purpose of providing activities for children, including social, recreational, spiritual and/or educational activities, including accessory and incidental food service, and operated for five (5) or more consecutive days during one (1) or more seasons of the year.
Zip line means a cable or rope line suspended between support structures enabling a person attached to a pulley to traverse from one point to another.
Zip line trail means an aerial trail system providing recreation and education that enables people to traverse terrain by means of a series of zip lines and platforms supported by manmade towers or ground anchors.
Zone means a portion of the territory within Lexington-Fayette Urban County within which certain regulations and requirements apply under the provisions of this Zoning Ordinance.
Zone, agricultural, means A-R, A-B, A-N or A-U zone.
Zone, business, means B-1, B-2, B-2A, B-2B, B-3, B-4, B-5P, B-6P or CC zone.
Zone, industrial, means an I-1, I-2 or ED zone.
Zone, mixed use, means an MU-1, MU-2 or MU-3 zone.
Zone, residential, means an R-1A, R-1B, R-1C, R-1D, R-1E, R-1T, R-2, R-3, R-4, R-5, EAR-1, EAR-2, EAR-3 or PUD-1 zone.
Zoological garden means a park-like area in which live animals are kept in cages or large enclosures for public exhibition.
(Code 1983, 1-11; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 28-84, § 1, 3-8-1984; Ord. No. 89-86, §§ 1—4, 5-29-1986; Ord. No. 174-86, § 1, 8-28-1986; Ord. No. 198-86, § 1, 9-18-1986; Ord. No. 35-87, §§ 5, 6, 3-5-1987; Ord. No. 152-87, § 1, 7-9-1987; Ord. No. 153-87, § 1, 7-9-1987; Ord. No. 110-88, § 1, 6-2-1988; Ord. No. 112-88, § 1, 6-2-1988; Ord. No. 159-88, § 1, 7-7-1988; Ord. No. 154-89, § 1, 8-31-1989; Ord. No. 232-89, § 1, 12-7-1989; Ord. No. 1-90, § 1, 1-11-1990; Ord. No. 152-91, § 1, 7-18-1991; Ord. No. 30-92, § 1, 3-3-1992; Ord. No. 56-92, § 1, 5-14-1992; Ord. No. 86-92, § 1, 5-28-1992; Ord. No. 33-93, § 1, 3-11-1993; Ord. No. 44-93, § 1, 3-25-1993; Ord. No. 213-94, § 1, 1-20-1994; Ord. No. 55-94, § 1, 4-14-1994; Ord. No. 256-95, § 1, 1-30-1995; Ord. No. 30-95, § 1, 2-9-1995; Ord. No. 31-95, § 1, 2-9-1995; Ord. No. 42-95, § 1, 2-23-1995; Ord. No. 292-95, § 1, 12-7-1995; Ord. No. 71-96, § 1, 5-16-1996; Ord. No. 85-96, § 1, 5-30-1996; Ord. No. 155-97, § 1, 7-10-1997; Ord. No. 214-97, § 1, 10-16-1997; Ord. No. 13-98, § 1, 1-22-1998; Ord. No. 187-98, § 1, 7-2-1998; Ord. No. 226-98, § 1, 8-27-1998; Ord. No. 72-99, § 1, 3-25-1999; Ord. No. 211-99, § 1, 7-8-1999; Ord. No. 231-99, § 1, 8-26-1999; Ord. No. 324-2000, § 1, 11-9-2000; Ord. No. 371-2000, § 1, 12-14-2000; Ord. No. 83-2001, § 1, 4-5-2001; Ord. No. 307-2002, § 1, 12-5-2002; Ord. No. 207-2003, § 1, 8-28-2003; Ord. No. 50-2004, § 1, 3-18-2004; Ord. No. 133-2004, § 1, 6-24-2004; Ord. No. 203-2004, § 1, 8-26-2004; Ord. No. 295-2004, § 1, 12-2-2004; Ord. No. 286-2005, § 1, 10-20-2005; Ord. No. 299-2005, § 1, 11-3-2005; Ord. No. 341-2006, § 1, 12-7-2006; Ord. No. 240-2007, § 1, 11-1-2007; Ord. No. 61-2008, § 1, 4-10-2008; Ord. No. 227-2008, § 1, 10-23-2008; Ord. No. 129-2009, §§ 1—5, 7-2-2009; Ord. No. 96-2010, §§ 1—6, 6-10-2010; Ord. No. 99-2011, §§ 1, 2, 8-25-2011; Ord. No. 100-2011, § 1, 8-25-2011; Ord. No. 122-2011, § 2, 9-29-2011; Ord. No. 138-2012, § 1, 11-15-2012; Ord. No. 5-2013, § 1, 1-31-2013; Ord. No. 21-2013, § 1, 3-7-2013; Ord. No. 91-2013, § 1, 8-29-2013; Ord. No. 103-2013, § 1, 9-12-2013; Ord. No. 104-2013, § 1, 9-12-2013; Ord. No. 119-2013, § 1, 10-10-2013; Ord. No. 129-2013, § 1, 10-24-2013; Ord. No. 155-2013, § 1, 12-10-2013; Ord. No. 68-2015, § 1(1-11), 6-18-2015; Ord. No. 137-2016, § 1(1-11), 7-7-2016; Ord. No. 22-2017, § 1, 3-2-2017; Ord. No. 166-2017, § 1(1-11), 11-16-2017; Ord. No. 102-2020, §§ 1, 2, 10-22-2020; Ord. No. 086-2021, § 1, 9-16-2021; Ord. No. 102-2021, § 1, 10-28-2021; Ord. No. 022-2022, § 1, 3-17-2022; Ord. No. 045-2022, § 1, 6-9-2022; Ord. No. 112-2022, § 2, 10-27-2022; Ord. No. 113-2022, § 1, 10-27-2022; Ord. No. 004-2023, § 1, 1-31-2023
; Ord. No. 074-2023
, § 1, 7-11-2023
; Ord. No. 148-2023, § 1, 12-7-2023; Ord. No. 057-2024, § 1, 6-27-2024; Ord. No. 063-2024, § 1, 6-27-2024)
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