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Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Code of Ordinances
CHARTER AND CODE OF ORDINANCES LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
SUPPLEMENT HISTORY TABLE
LEXINGTON-FAYETTE - URBAN COUNTY GOVERNMENT CHARTER
Chapter 1 - GENERAL PROVISIONS
Chapter 2 - ADMINISTRATION1
Chapter 2A - AIRPORTS AND AIRCRAFT1
Chapter 2B - CODE ENFORCEMENT ADMINISTRATIVE HEARING BOARDS
Chapter 3 - ALCOHOLIC BEVERAGES1
Chapter 4 - ANIMALS AND FOWL1
Chapter 5 - BUILDINGS AND BUILDING REGULATIONS1
Chapter 5A - CIVIL DEFENSE: CIVIL EMERGENCIES
Chapter 6 - EMPLOYEES AND PENSIONS1
Chapter 7 - FINANCE AND TAXATION1
Chapter 8 - MINING AND/OR QUARRYING1
Chapter 9 - FIRE PREVENTION1
Chapter 9A - FIREWORKS
Chapter 10 - FOOD AND DRUGS1
Chapter 11 - HEALTH AND SANITATION1
Chapter 12 - HOUSING1
Chapter 13 - LICENSES AND REGULATIONS1
Chapter 13A - MINIMUM WAGE
Chapter 14 - OFFENSES AND MISCELLANEOUS PROVISIONS1
Chapter 15 - PEDDLERS AND SOLICITORS1
Chapter 16 - SEWAGE, GARBAGE, REFUSE AND WEEDS1
Chapter 16A - HAZARDOUS MATERIALS1
Chapter 17 - STREETS AND SIDEWALKS1
Chapter 17A - SUBDIVISIONS1
Chapter 17B - STREET TREES1
Chapter 17C - PUBLIC RIGHTS-OF-WAY
Chapter 17D - DOCKLESS VEHICLES
Chapter 18 - TRAFFIC1
Chapter 18B - SNOW EMERGENCIES1
Chapter 18C - EMERGENCY AMBULANCE, TRANSPORTATION AMBULANCE LICENSING, REGULATIONS1
Chapter 19 - WEIGHTS AND MEASURES
Chapter 20 - ZONING1
Chapter 21 - COMPREHENSIVE PLAN FOR CLASSIFIED CIVIL SERVICE SYSTEM1
Chapter 22 - UNCLASSIFIED CIVIL SERVICE1
Chapter 23 - DIVISIONS OF FIRE AND EMERGENCY SERVICES AND POLICE1
Chapter 24 - DETENTION CENTER1
Chapter 25 - ETHICS ACT
Chapter 26 - RURAL LAND MANAGEMENT
APPENDIX A RULES AND PROCEDURES OF THE LEXINGTON-FAYETTE URBAN COUNTY COUNCIL1
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Lexington-Fayette Urban County Government Zoning Code
Sec. 8-21. - Wholesale and Warehouse Business (B-4) Zone.
(a)   Intent. The intent of this zone is to provide for wholesaling, warehousing, storage operations and establishments whose activity is of the same general character as the above. Establishments within this zone should focus on supportive uses to both industrial and residential needs and should act as a buffer between more intense and less intense land uses. To a lesser extent and where applicable, this zone is also intended to provide for the mixture of uses that promotes the adaptive reuse and redevelopment of older structures. The reuse of older structures is intended to allow for a more sustainable option for the revitalization of applicable properties, while providing employment, residential, and/or entertainment opportunities for the surrounding neighborhoods. Consideration should be given to the relationship of this zone to the surrounding land uses and the adequacy of the street system to serve the anticipated traffic needs. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)
1.   Wholesale establishment, wholesale establishment with warehouses, storage, and warehousing.
2.   Shops of special trade and general contractors, such as plumbing; heating; carpentry; masonry; painting; plastering; metal work; printing; publishing; lithographing; engraving; electrical; major automobile and truck repairing; sign painting; upholstering; tile, mosaic and terrazzo work; electroplating; interior decorating; catering.
3.   Laundry (excluding self-service laundry), clothes cleaning or dyeing shop.
4.   Ice plant.
5.   Tire retreading and recapping.
6.   Parking lots and structures.
7.   Machine shop.
8.   Kennels, animal hospitals or clinics, provided that such structures or areas used, not including accessory parking areas, shall be at least one hundred (100) feet from any residential zone.
9.   Offices of purchasers, processors and handlers of agricultural products, limited to administrative uses only.
10.   Sales of feed, grain, or other agricultural supplies.
11.   Garden centers.
12.   Establishments and lots for the display, rental, sale, and repair of farm equipment; contractor equipment; automobiles, trucks, mobile homes; recreational vehicles, such as mini-bikes, motorcycles, bicycles; boats or supplies for such items.
13.   Truck terminals and freight yards.
14.   Automobile service stations, subject to the conditions of Article 16.
15.   Major or minor automobile and truck repair.
16.   Establishments for the display and sale of precut, prefabricated, or shell homes.
17.   Carnivals on a temporary basis, and upon issuance of a permit by the Divisions of Planning and Building Inspection, which may restrict the permit in terms of time, parking, access or other ways to protect public health, safety, or welfare; or deny such if public health, safety or welfare are adversely affected. A carnival may not displace more than twenty-five percent (25%) of the minimum required parking for the site it occupies.
18.   Retail sale of building materials and lumber.
19.   Pawnshops which:
(1)   Were in operation prior to August 31, 1990, and in compliance with the provisions of KRS 226.010 et seq. and Code of Ordinances, Sections 13-52 and 13-53; or
(2)   Had on file with the Lexington-Fayette Urban County Government, prior to August 31, 1990, an application for a business license or certificate of occupancy.
20.   Mail order business.
21.   Office uses, limited to a maximum square footage of sixty percent (60%) of the floor area in the building in which the use is located.
22.   Office/warehouse mixed use project, as further regulated by Subsection (o)(3) of this section.
23.   Adaptive Reuse Projects, as further regulated in Subsection (o)(4) of this section.
24.   Shredding, sorting and baling of paper scrap and storage of waste paper, when wholly conducted in a completely enclosed building.
25.   Automobile and vehicle refueling stations, provided such uses conform to all requirements of Article 16.
26.   Industrial Reuse Projects, as further regulated in Subsection (o)(5) of this section.
27.   Indoor recreational activities, including, but not limited to, indoor tennis courts; skating rinks; athletic club facilities and bowling alleys. Also included would be any outdoor recreational facilities that are customarily accessory, clearly incidental and subordinate to such indoor recreational activities.
(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.
1.   Parking areas and structures, and loading areas.
2.   Financial and insurance offices, the principal activities of which are oriented towards agricultural loans and farm insurance.
3.   Laundry pick-up station, when accessory to a laundry or dry-cleaning establishment.
4.   Retail sale of hardware-related items, when accessory to the sale of building materials and/or lumber.
5.   Satellite dish antennas, as further regulated by Section 15-8.
6.   Sale of manufactured products, goods, merchandise and finished products related or incidental to the principal use, provided that the area set aside for sales of these related or incidental items does not constitute more than thirty percent (30%) of the total floor and storage area.
7.   The retail sale of groceries; dairy products; bakery goods; meat; beer; health and beauty items; stationery; and similar convenience-type merchandise, when accessory to an automobile service station.
8.   Beauty salons where accessory to an athletic club facility, provided that the area of the salon shall not constitute more than ten percent (10%) of the total floor area, that the salon has no separate external entrance, nor separate business signage.
9.   Facilities for serving food only for employees and visitors; having no direct access to the exterior, and having no signs visible from the exterior of the building. Mobile food unit vendors may also serve this purpose, and be parked outside of a building to serve employees and visitors, provided that the requirements of Section 15-11 of the Code of Ordinances are met.
10.   Retail sale of liquid propane (limited to twenty pound (20 lb.) containers), when accessory to the retail sale of building materials and lumber permitted under Subsection (b)(18) of this section.
(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)
1.   Mining of non-metallic minerals, but only when the proposal complies with the requirements of the Mining/Quarrying Ordinance (Code of Ordinances #252-91) and the conditions and requirements as set forth therein. The Board of Adjustment shall specifically consider and be able to find:
a.   That the proposed use will not constitute a public nuisance by creating excessive noise, odor, traffic, dust, or damage to the environment or surrounding properties;
b.   That a reasonable degree of reclamation and proper drainage control is feasible; and
c.   That the owner and/or applicant has not had a permit revoked or bond or other security forfeited for failure to comply with any federal, state or local laws, regulations or conditions, including land reclamation, pertaining to the proposed use.
2.   Places of religious assembly, Sunday schools, and schools for academic instruction, when affiliated with a place of religious assembly or a religious entity, except as provided as part of an adaptive reuse project.
3.   Retail sale (except as provided as part of an adaptive reuse project) of furniture and household-related items, such as antiques; fabrics; fixtures; furnishings; glassware and china; when accessory to its storage, refinishing, repairing or upholstery on the same premises.
4.   Temporary structures designed for use or occupancy for sixty-one (61) to one hundred eighty (180) days per 12-month period on a single property, calculating said period by cumulative consideration of the use of any and all such structures on a single property.
5.   Circuses, provided all structures are located not less than two hundred (200) feet from any residential zone; and further provided that all structures for housing animals shall be two hundred (200) feet from any residential zone, residential use, school, hospital, nursing home or rest home. A circus may not displace more than twenty-five percent (25%) of the minimum required parking for the site it occupies.
6.   Ecotourism activities to include campgrounds; commercial hiking, bicycling, equine and zip line trails; tree canopy trails; canoeing and kayaking launch sites; recreational outfitters; fishing and hunting clubs; botanical gardens; nature preserves; and seasonal activities, including associated gift shops as an accessory use.
7.   Market gardens, except as provided as part of an adaptive reuse project.
(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)
1.   Heavy manufacturing, heavy assembling, compounding, packaging, bottling, processing, and other industrial uses, except as permitted herein.
2.   Storage of commodities, the storage of which is permitted for the first time in the industrial zones.
3.   Amusement enterprises, such as indoor theaters; drive-in theaters; horse race tracks; pool halls; billiard halls; dancing halls and amusement parks.
4.   Retail sales and offices, except as permitted herein.
5.   Motels and hotels; boardinghouses.
6.   Personal service establishments, except as permitted herein.
7.   Dwellings, except as permitted in an office/warehouse project herein.
8.   Schools and colleges for academic instruction, except as permitted herein.
9.   Restaurants, cocktail lounges, and nightclubs, except as permitted herein.
10.   Car washing establishments.
11.   Refuse dumps, landfills, transfer stations, and incinerators.
12.   The above- or below-ground storage of any flammable material in gaseous form, including compressed natural gas, except in association with an automobile and vehicle refueling station.
13.   Pawnshops, except as permitted herein.
14.   Special events, parties, festivals and concerts.
15.   Museums, including historic house museums.
16.   Farm tours, hayrides, corn mazes, commercial far markets, outdoor rodeos, riding stables, horse shows, fishing lakes, hunting and trapping, sportsmen's farms, zoological gardens, value-added product sales, and classes related to agricultural products or sales.
Lot, Yard, and Height Requirements. (See Articles 3 and 15 for additional regulations.)
(f)   Minimum Lot Size. No limitation.
(g)   Minimum Lot Frontage. No limitation.
(h)   Minimum Front Yard. No limitation, except as provided in Subsection (o) of this section.
(i)   Minimum Each Side Yard. No limitation, except as provided in Subsection (o) of this section.
(j)   Minimum Rear Yard. No limitation, except as provided in Subsection (o) of this section.
(k)   Minimum Open Space. See Article 20 for open space regulations.
(l)   Maximum Lot Coverage. No limitation.
(m)   Maximum Height of Building. Seventy-five (75) feet, except when a side or rear yard abuts a Professional Office or a Residential zone, then a 3:1 height-to-yard ratio.
(n)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(o)   Special Provisions.
1.   All buildings and structures shall be at least one hundred (100) feet from any residential zone, unless the portion within that distance has no opening except stationary windows and doors that are designed and intended solely for pedestrian access.
2.   Landscape buffer areas shall be required as set forth in Article 18.
3.   An Office/Warehouse mixed use project may be permitted by the Planning Commission upon the approval of a final development plan, as provided in Article 21 of this Zoning Ordinance, and subject to the following requirements:
In addition to the uses permitted in Subsection (b) of this section, the following uses shall also be permitted in an Office/Warehouse Project:
As principal permitted uses:
a.   Offices, laboratories and data processing centers, limited to a maximum of seventy-five percent (75%) of the floor area of the building or project. This square footage limitation shall not apply if the project is located within the defined Infill and Redevelopment Area.
As accessory uses:
a.   Drive-through facilities for the provision of services allowed in an Office/Warehouse mixed use project;
b.   Dwelling units for on-site security personnel.
4.   Adaptive Reuse Projects may be permitted by the Planning Commission upon the approval of a final development plan, subject to the following requirements:
a.   The property must be located in or adjacent to, or across a public right-of-way from, the defined Infill and Redevelopment Area. The area of the Project will be defined by the development plan and may include noncontiguous properties that can function together as an interrelated development.
b.   The Project must include:
1.   At least one (1) existing building that will be adaptively reused as a principal structure.
2.   Public art or a public art easement that is publicly displayed in a publicly accessible unpaid area and is visible from the adjacent street level. This is not to include a business logo or other type of advertisement.
c.   The applicant shall provide documentation demonstrating that the Project meets at least one (1) of the following criteria:
1.   The site has a single building of over 30,000 square feet that is over 75 years old, or a total project of over 80,000 square feet with at least two adaptive reuse buildings over 75 years old.
2.   The site includes a structure individually listed on the National Register of Historic Places or is determined to be eligible for such listing; is determined to contribute to the significance of a National Register Historic District or is in an area that meets the requirements of a National Historic District; is individually listed on a state inventory of historic places; is located within an Historic District (H-1) overlay zone; or was constructed prior to 1950.
d.   The applicant shall include at least one element from the following categories and must reach total score of 10 points:
1.   Primary Land Use, Building Form, and Design:
i.   Affordable Housing (6) - Provide residential housing, at least 20% of which will be set aside for affordable housing (60% AMI) for at least 15 years.
ii.   Affordable Housing (4) - Provide residential housing, at least 20% of which will be set aside for affordable housing (80% AMI) for at least 15 years.
iii.   Green Rated Site Design (Sustainable Sites Initiative or similar standard) (3) - Incorporating whole of project area.
iv.   Green Building Design (LEED or similar standard) (3) - Structures that incorporate the principles of sustainable design of adaptively reused structures.
v.   Green Building (LEED or similar standard) (2) - New Construction vi. Green Infrastructure (2) - Manage 50% of stormwater onsite with Vegetative Low Impact Development BMPs and educational signage (must still meet LFUCG Stormwater Manuals).
vii.   Renewable Energy (1).
viii.   Mixed use residential and commercial site wide (1).
ix.   Innovation Credit (1) - Provide a high degree of innovative modification of land use, building form, and/or design.
2.   Transit, Infrastructure, and Connectivity:
i.   Parking Structure (4).
ii.   Riparian Buffer Restoration (3) - Meet requirements of Stormwater Manual Table 1-7 along length of stream on lot.
iii.   Daylighting of stream/removal of culvert (3).
iv.   Stream channel restoration (2) - See Stormwater Manual Ch. 9 for guidance.
v.   Accessible transit shelter and bench (2).
vi.   Multi-use path or open space oriented amenities (2).
vii.   Publicly accessible property to property cross-connectivity (2).
viii.   Innovation Credit (1) - Provide a high degree of innovative modification of transit, infrastructure, and connectivity.
3.   Quality of Life Components:
i.   Site is within an area that is a brownfield recovery site (4).
ii.   Increase of Canopy Coverage to 40% (4).
iii.   Increase of Canopy Coverage to 30% (3).
iv.   Increase of Canopy Coverage to 20% (2).
v.   Site is in a district that has applied for, or has obtained, special funding or similar government incentives (3).
vi.   Universal Design Standards for all ground floor space (2).
vii.   20% Community oriented open space nonresidential (2).
viii.   Community garden space (1).
ix.   Innovation Credit (1) - Provide a high degree of innovative modification of quality of life components.
e.   Principal uses in Adaptive Reuse Projects:
1.   Any of the principal uses permitted in the underlying zone.
2.   Schools; libraries; museums; art galleries; studios for work or teaching of fine arts, metal work, photography, dance, drama or theater; theaters, including movie theaters and other indoor amusements, except as prohibited under Section 8-19(e), including billiard or pool halls, bowling alleys, dance halls, skating rinks and arcades.
3.   Community centers, churches and private clubs.
4.   Restaurants, with or without outdoor seating and with or without live entertainment.
5.   Establishments for the retail sale of food, dairy, bakery, meat, beer, liquor, wine and other food products; the retail sale of merchandise, including new or used clothing and books, gifts, toys, antiques, furnishings, housewares, jewelry, electronics and similar items.
6.   Pharmacies, provided that they are within a structure containing other uses and do not occupy a separate building.
7.   Banquet facilities or private clubs with live entertainment, brew-pubs, bars, cocktail lounges and nightclubs.
8.   Offices, banks or clinics.
9.   Hotels or motels.
10.   Beauty shops, barber shops, shoe repair, dressmaking or tailoring.
11.   Quick copy services not using offset printing methods.
12.   Residences of any kind.
13.   Health clubs, athletic clubs and spas.
14.   Parking lots and structures.
15.   Retail sales of plant, nursery or greenhouse products or agricultural products, produce or goods, including market gardens.
16.   Kindergartens, nursery schools and childcare centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain at least twenty-five (25) square feet per child.
17.   Indoor or outdoor amusement or entertainment enterprises such as circuses, carnivals, rodeos, horse shows or automobile shows; provided such activity is operated on a temporary basis, not to exceed two (2) weeks.
18.   Passenger transportation terminals.
19.   Publicly accessible parks.
20.   Hosted or Un-Hosted Short Term rentals, as regulated in Section 3-13 of the Zoning Ordinance.
f.   Accessory uses that are clearly incidental and subordinate to the principal uses are permitted.
g.   Prohibited uses:
1.   All adult uses, as listed in Sections 8-16(e)14 through 17.
2.   Drive-through facilities.
h.   Parking:
1.   For any site that is located on a transit route, there shall be a maximum of four (4) surface parking spaces per one thousand (1,000) commercial square feet.
2.   For any site that is not located on a transit route, there shall be a maximum of five (5) surface parking spaces per one thousand (1,000) commercial square feet.
3.   Structure parking shall not count toward any maximum parking requirement.
i.   Signage: Shall be as permitted under Section 17-11(n) for an MU-2 zone.
j.   Lot and Yard Requirements: No minimum.
k.   Height: No maximum height for adaptive reuse of existing buildings. New buildings shall not be more than twelve (12) feet taller than the tallest structure that is being adaptively reused, or forty-eight (48) feet, whichever is greater.
l.   The applicant shall submit a compliance statement with the development plan that specifies how the project will further the Goals and Objectives and other elements of the Comprehensive Plan.
m.   Prior to holding a hearing on the development plan, the applicant shall post a sign, with dimensions set out in Section 23B-5(b), at a visible location on the property at least fourteen (14) days prior to the hearing, informing the public of the location, date and time of the hearing. Evidence of the sign having been posted shall be submitted to the Planning Commission at the hearing.
n.   The Planning Commission shall have the power to approve, modify or disapprove the development plan, as set out in Article 21. In addition, if the Planning Commission approves the development plan, it must adopt a finding that the development plan furthers the Goals and Objectives or other elements of the Comprehensive Plan.
o.   For additional land to be added to an adaptive reuse project area, the new portion must be adjacent to the current project area. An updated compliance statement must be submitted, which shall implement those elements that have been applied across the project area.
p.   For any amendment that seeks to expand the originally approved project, the added portion of the project must meet all requirements of Sec. 8-18(o)(4)(d) separate from the original project.
5.   Industrial Reuse Projects may be permitted by the Planning Commission upon the approval of a final development plan, subject to the following requirements:
a.   The Planning Commission shall, with the approval of any development plan, consider the following locational and compatibility factors:
1.   The site shall be located outside of the defined Infill and Redevelopment Area.
2.   An Industrial Reuse Project shall not be located on an arterial roadway.
3.   The Project should be located in an area of mixed uses and zones.
4.   The Project should be located in a B-4 or 1-1 area in which, due to small lot size, adjacent uses, or the nature of the roadway system, it would not be appropriate to construct larger B-4 or 1-1 uses, such as truck terminals, manufacturing facilities or large warehousing facilities.
5.   The property has an existing building coverage that does not allow for substantial expansion of the structure or parking facilities.
b.   The Project must include:
1.   At least one existing building that will be adaptively reused as a principal structure.
2.   Public art or a public art easement that is publicly displayed in an accessible unpaid area and is visible from the adjacent street level. This is not to include a business logo or other type of advertisement.
c.   The applicant shall provide documentation demonstrating that the Project meets at least one of the following criteria:
1.   The site includes a building lot coverage of 65% or greater and contains a building that is over 75 years old.
2.   The site includes a single building of over 30,000 square feet that is over 75 years old, or a total project of over 80,000 square feet with at least two adaptive reuse buildings over 75 years old.
3.   The site includes a structure individually listed on the National Register of Historic Places or is determined to be eligible for such listing; is determined to contribute to the significance of a National Register Historic District or is in an area that meets the requirements of a National Historic District; is individually listed on a state inventory of historic places; is located within an Historic District (H-1) overlay zone; or was constructed prior to 1950.
d.   The applicant shall include at least one element from the following categories and must reach total score of 10 points:
1.   Primary Land Use, Building Form, and Design:
i.   Affordable Housing (6) - Provide residential housing, at least 20% of which will be set aside for affordable housing (60% AMI) for at least 15 years.
ii.   Affordable Housing (4) - Provide residential housing, at least 20% of which will be set aside for affordable housing (80% AMI) for at least 15 years.
iii.   Green Rated Site Design (Sustainable Sites Initiative, etc.) (3) - Incorporating whole of project area.
iv.   Green Rated Site Design (Sustainable Sites Initiative or similar standard) (3) - Incorporating whole of project area.
v.   Green Building Design (LEED or similar standard) (3) - Structures that incorporate the principles of sustainable design of adaptively reused structures.
vi.   Green Building (LEED or similar standard) (2) - New Construction.
vii.   Renewable Energy (1).
viii.   Mixed use residential and commercial site wide (1).
ix.   Innovation Credit (1) - Provide a high degree of innovative modification of land use, building form, and/or design.
2.   Transit, Infrastructure, and Connectivity:
i.   Parking Structure (4).
ii.   Riparian Buffer Restoration (3) - Meet requirements of Stormwater Manual Table 1-7 along length of stream on lot.
iii.   Daylighting of stream/removal of culvert (3).
iv.   Stream channel restoration (2) - See Stormwater Manual Ch. 9 for guidance.
v.   Accessible transit shelter and bench (2).
vi.   Multi-use path or open space oriented amenities (2).
vii.   Publicly accessible property to property cross-connectivity (2).
viii.   Innovation Credit (1) - Provide a high degree of innovative modification of transit, infrastructure, and connectivity.
3.   Quality of Life Components:
i.   Site is within an area that is a brownfield recovery site (4).
ii.   Increase of Canopy Coverage to 40% (4).
iii.   Increase of Canopy Coverage to 30% (3).
iv.   Increase of Canopy Coverage to 20% (2).
v.   Site is in a district that has applied for, or has obtained, special funding or similar government incentives (3).
vi.   Universal Design Standards for all ground floor space (2).
vii.   20% Community oriented open space nonresidential (2).
viii.   Community garden space (1).
ix.   Innovation Credit (1) - Provide a high degree of innovative modification of quality of life components.
e.   Principal uses in Industrial Reuse Projects:
1.   Any of the principal uses permitted in the underlying zone.
2.   Schools; libraries; museums; art galleries; studios for work or teaching of fine arts, metal work, photography, dance, drama or theater; theaters, including movie theaters and other indoor amusements, except as prohibited under Section 8-19(e), including billiard or pool halls, bowling alleys, dance halls, skating rinks and arcades.
3.   Community centers, places of religious assembly and private clubs.
4.   Restaurants, with or without outdoor seating and with or without live entertainment.
5.   Establishments for the retail sale of food, dairy, bakery, meat, beer, liquor, wine and other food products; the retail sale of merchandise, including new or used clothing and books, gifts, toys, antiques, furnishings, housewares, jewelry, electronics and similar items.
6.   Pharmacies, provided that they are within a structure containing other uses and do not occupy a separate building.
7.   Banquet facilities or private clubs with live entertainment, brew-pubs, bars, cocktail lounges and nightclubs.
8.   Offices, banks or clinics.
9.   Beauty shops, barber shops, shoe repair, dressmaking or tailoring.
10.   Residences of any kind.
11.   Health clubs, athletic clubs and spas.
12.   Retail sales of plant, nursery or greenhouse products or agricultural products, produce or goods, including market gardens.
13.   Kindergartens, nursery schools and child care centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain at least 25 square feet per child.
14.   Indoor or outdoor amusement or entertainment enterprises such as circuses, carnivals, rodeos, horse shows or automobile shows; provided such activity is operated on a temporary basis, not to exceed two weeks.
15.   Publicly accessible park.
16.   Hosted or Un-Hosted Short Term rentals, as regulated in Section 3-13 of the Zoning Ordinance.
f.   Accessory uses that are clearly incidental and subordinate to the principal uses are permitted.
g.   Conditional Uses:
1.   Drive-through facilities.
h.   Prohibited uses:
2.   All adult uses, as listed in Sections 8-16(e)(14 through 17).
i.   Parking:
1.   For any site that is located on a transit route, there shall be a maximum of four (4) surface parking spaces per one thousand (1,000) commercial square feet.
2.   For any site that is not located on a transit route, there shall be a maximum of five (5) surface parking spaces per one thousand (1,000) commercial square feet.
3.   Structure parking shall not count toward any maximum parking requirement.
j.   Signage Shall be as permitted under Article 17-7(0) for an MU-2 zone.
k.   Lot and Yard Requirements - No minimum.
l.   Height No maximum height for adaptive reuse of existing buildings. New buildings shall not be more than 12 feet taller than the tallest structure that is being adaptively reused on the same lot or the adjacent lot, or 48 feet, whichever is greater.
m.   The applicant shall submit a compliance statement with the development plan that specifies how the project will further the Goals and Objectives and other elements of the Comprehensive Plan.
n.   Prior to holding a hearing on the development plan, the applicant shall post a sign, with dimensions set out in Article 23B-5(b), at a visible location on the property at least 14 days prior to the hearing, informing the public of the location, date and time of the hearing. Evidence of the sign having been posted shall be submitted to the Planning Commission at the hearing.
o.   The Planning Commission shall have the power to approve, modify or disapprove the development plan, as set out in Article 21. In addition, if the Planning Commission approves the development plan, it must adopt a finding that the development plan furthers the Goals and Objectives or other elements of the Comprehensive Plan.
p.   For additional land to be added to an Industrial Reuse Project area, the new portion must be adjacent to the current project area. An updated compliance statement must be submitted, which shall implement those elements that have been applied across the project area.
q.   For any amendment that seeks to expand the originally approved project, the added portion of the project must meet all requirements of Sec. 8-18(c)(4)(d) separate from the original project.
r.   Flex Space Projects that have been approved prior to August 1, 2021, shall be regulated per the approved development plan.
(Code 1983, § 8-21; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 47-85, §§ 1, 2, 3-7-1985; Ord. No. 89-86, § 20, 5-29-1986; Ord. No. 153-87, § 1, 7-9-1987; Ord. No. 58-91, § 1, 4-4-1991; Ord. No. 93-91, § 1, 5-16-1991; Ord. No. 152-91, §§ 2, 4, 7-18-1991; Ord. No. 30-92, § 13, 3-3-1992; Ord. No. 134-92, §§ 1, 2, 7-9-1992; Ord. No. 44-93, §§ 2—4, 3-25-1993; Ord. No. 213-94, § 7, 1-20-1994; Ord. No. 292-95, § 1, 12-7-1995; Ord. No. 85-96, § 2, 5-30-1996; Ord. No. 258-96, § 1, 12-12-1996; Ord. No. 10-2002, § 1, 1-24-2002; Ord. No. 98-2002, § 1, 5-16-2002; Ord. No. 307-2002, § 1, 12-5-2002; Ord. No. 77-2005, § 1, 3-24-2005; Ord. No. 299-2005, § 2, 11-3-2005; Ord. No. 227-2008, §§ 2—5, 10-23-2008; Ord. No. 60-2009, § 19, 5-7-2009; Ord. No. 99-2011, § 8, 8-25-2011; Ord. No. 100-2011, §§ 7, 8, 8-25-2011; Ord. No. 114-2011, § 1, 8-25-2011; Ord. No. 5-2013, § 2, 1-31-2013; Ord. No. 89-2013, § 1, 8-15-2013; Ord. No. 142-2013, § 1, 12-5-2013; Ord. No. 155-2013, § 2, 12-10-2013; Ord. No. 137-2016, § 2(8-21), 7-7-2016; Ord. No. 22-2017, § 3(8-21), 3-2-2017; Ord. No. 166-2017, § 3(8-21), 11-16-2017; Ord. No. 015-2021, § 2, 3-18-2021; Ord. No. 060-2021, § 2, 7-6-2021; Ord. No. 113-2022, §§ 3, 7, 10-27-2022; Ord. No. 004-2023, § 22, 1-31-2023; Ord. No. 020-2023, § 15, 3-9-2023; Ord. No. 074-2023, §§ 15, 16, 7-11-2023)