(a) Intent. The intent of this zone is to provide appropriately located manufacturing, industrial, and related uses. The zone is intended to bolster Lexington's economy through diverse employment opportunities for the Bluegrass Region. The uses allowable within this zone involve potential nuisance factors, which necessitates adequate buffering and separation from lower intensity 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. 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. The principal permitted uses in the I-1 zone, provided that all provisions outlined therein shall apply for said uses in this zone.
2. Abrasives manufacturing.
3. Acid (non-corrosive) manufacturing.
4. Aerosol packaging.
5. Agricultural uses, including hatcheries.
6. Asbestos manufacturing.
7. Automobile assembling, rebuilding, and reconditioning.
8. Bleaching plant.
9. Boiler shops, structural steel fabricating shops, steel car or locomotive shops, railway repair shops, metal working shops, operative reciprocating hammers or chisels or other noise-producing machine operated tools.
10. Bolt or screw thread rolling or cutting.
11. Bottle making.
12. Brewery, winery and distillery.
13. Brick, tile and terra-cotta and other clay products manufacturing.
14. Briquette manufacturing from previously prepared charcoal.
15. Bronze casting.
16. Candle or sperm oil manufacturing.
17. Canvas manufacturing.
18. Carpet or rug manufacturing.
19. Coke manufacturing.
20. Concrete mixing, concrete products.
21. Correctional institutions.
22. Die casting and making.
23. Disinfectant, insecticide, or poison manufacturing.
24. Dye or dyestuff manufacturing and printing ink manufacturing.
25. Electric power generating plant.
26. Excelsior and fiber manufacturing.
27. Fencing, woven wire manufacturing.
28. Fertilizer manufacturing.
29. Forge.
30. Foundry.
31. Gas storage: Above- or below-ground storage for resale of flammable or non-flammable gas or oxidizer in liquid or gaseous form, the storage of any empty container which contained any gas in any form, and the receiving of or dispensing of any gas in any form unless the method of distribution is first permitted as a conditional use in this zone; and provided such operations conform to the standards prescribed by the National Fire Protection Association, the Kentucky Occupational Safety and Health Standards for General Industry, and any requirements of the Fire Marshall. Such conformance shall be certified in writing by the Fire Marshall, and any required protective measures for the containers shall be met in all ways. Any outside storage area must be enclosed on all sides by a fence or a solid wall, not less than six (6) feet in height.
32. Glass fiber manufacturing.
33. Glucose manufacturing.
34. Grain drying and poultry feed manufacturing from refuse, mash, or grain.
35. Hair manufacturing.
36. Iron storage, sorting, collecting or baling.
37. Leaf mold and similar plant material processing or manufacturing.
38. Linoleum, oil cloth or oiled goods manufacturing.
39. Match manufacturing.
40. Nitrating processes.
41. Oil, paint, shellac, turpentine, varnish or enamel manufacturing or the grinding of colors by machine.
42. Paper or pulp manufacturing.
43. Paper scrap or waste storage, sorting, collecting or baling.
44. Perfume manufacturing.
45. Plaster manufacturing and products.
46. Potash manufacturing or refining.
47. Pyroline plastic manufacturing.
48. Railroad roundhouse or yards.
49. Roofing material factory.
50. Rubber manufacturing, treating or reclaiming plant.
51. Sand blasting.
52. Sewage treatment plant.
53. Shoe blacking or polish manufacturing.
54. Soda ash, caustic soda or washing compound, containing chlorine bleaching powder manufacturing or refining.
55. Stadium.
56. Steam power plant.
57. Storage, drying, or cleaning of rags, glass, cloth, paper or clippings, including sorting, refining, baling, wool pulling and scouring.
58. Sugar refining or starch manufacturing.
59. Tar or asphalt roofing or waterproofing manufacturing.
60. Textile manufacturing.
61. Tire manufacturing.
62. Vehicle storage yards.
(c) Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)
The permitted accessory uses in the I-1 zone.
(d) Conditional Uses. (Permitted only with Board of Adjustment approval.)
1. Acid (corrosive) manufacturing.
2. Ammonia, chlorine or bleaching powder manufacturing.
3. Animal black, lamp black or bone black manufacturing.
4. Asphalt plant, but only when the following conditions are met:
a. That no asphalt plant be conducted closer than one thousand (1,000) feet from any existing residence on another lot under different ownership.
b. Noise, Air and Water Quality: The facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations on noise, air, and water quality, including the LFUCG Noise Ordinance (Sections 14-70 through 14-80), Section 6-7, Stormwater Disposal Standards, and Chapter 16 of the Code of Ordinances.
c. Development Plan: The development plan shall indicate all existing contours, shown with intervals sufficient to show existing drainage courses, retention, stormwater and sedimentation basins; and the names and locations of all streams, creeks, or other bodies of water within five hundred (500) feet.
d. Drainage and Erosion Control: All operations shall have adequate drainage, erosion, and sediment control measures incorporated in the site/development plan(s). If, in the event, adequate drainage, erosion, and sediment control cannot be provided, permits may be denied.
e. Roads: All access roads which intersect with a State highway or public street shall be paved with an all-weather surface of either asphalt or concrete for the entire length of road from State highway or street to the active loading point.
f. Screening: Screening shall be provided as defined in accordance with LFUCG Article 18 of this Zoning Ordinance.
g. Transportation Plan: A Transportation Plan shall be planned (in relationship to the arterial roadway system) to minimize the impact of traffic, dust, and vehicle noise on areas outside the site and shall include the following information:
1) Product shipping and deliveries;
2) Mode of transportation;
3) Route(s) to and from the site;
4) Schedule and frequency of shipments;
5) Delivery and shipping spillage control methods;
6) Employee parking.
h. Storage: Storage and/or stockpiles of hazardous materials shall be in a completely closed building. Outdoor storage, except aggregate, sand and recycled asphalt material, shall be enclosed on at least three (3) sides by a solid wall or fence, not less than six (6) feet nor greater than eight (8) feet in height, and shall be placed at designated site(s) on the development plan. At the cessation of operation, all storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.
i. Excess Product and Waste: Excess product and waste, when disposed of on-site, shall be in a designated area so as to prevent erosion and contamination of streams and waterways. At the cessation of operation, all outdoor storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.
5. Automobile wrecking, scrap iron storage or wrecking.
6. Blast furnaces.
7. Building materials salvage yard.
8. Celluloid and pyroxylin manufacturing or explosives, or inflammable cellulose or pyroxylin products manufacturing or storage.
9. Cement, lime, gypsum, or plaster of Paris manufacturing.
10. Coal storage.
11. Commercial composting, provided that the following requirements are met:
a. That all such composting shall be conducted in a fully enclosed building.
b. That a permit-by-rule or letter of intent from the Division of Waste Management of the Kentucky Natural Resources and Environmental Protection Cabinet be obtained prior to submission of any application to the Board of Adjustment for a conditional use permit.
c. That a development plan, indicating access points and circulation routes; proposed signage; screening and landscaping; fencing and other significant geological or physical features of the property, be submitted as part of any application.
d. That the Board specifically consider and be able to find that the proposed use will not constitute a public nuisance by creating excessive noise, odor, traffic or dust.
12. Creosote manufacturing or treatment.
13. Cupola or metal smelting furnace and ore or metal reduction.
14. Distillation of coal, petroleum, refuse, grain, wood, or bones.
15. Explosives manufacturing or storage, except for small arms ammunition.
16. Fertilizer manufacturing using organic materials, compost or storage.
17. Fish curing, smoking, or packing, fish oil manufacturing or refining.
18. Gas (acetylene, illuminating or heating) manufacture or storage.
19. Gas storage and distribution facility where the means of distribution is railroad tank cars, gas piping, or tank trucks, which may each have a water capacity in excess of four thousand (4,000) gallons; however, the volume shall be governed by National Fire Protection Association regulations.
20. Glue manufacturing, size or gelatin manufacturing, where the processes include the refining or recovery of products from fish, animal refuse, or offal.
21. Junk yard.
22. Livestock feed yards.
23. Machinery wrecking or storage yard.
24. Petroleum or inflammable liquids production, refining and storage.
25. Rock or stone crusher, or mill, 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.
26. Slaughtering of animals or stockyards.
27. Smelting of aluminum, copper, tin, iron, zinc ore.
28. Steel mill.
29. Storage, curing or tanning of raw, green or salted hides or skins.
30. Sulphurous, sulphuric, nitric, picric, carbolic, or hydrochloric or other corrosive acid manufacturing.
31. Yard for storage of dismantled, or partially dismantled, automobiles.
32. Helistops and heliports, provided such facilities conform to the requirements of all appropriate federal, state and local regulations.
33. Mining and/or quarrying 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.
34. Indoor recreational activities, except as provided as part of an Adaptive Reuse Project, that require buildings which, as a result of their size and design, are not compatible with residential and business zones, but would be compatible in the Heavy Industrial (I-2) Zone, including indoor tennis courts; skating rinks; athletic club facilities and bowling alleys.
35. Transfer station, but only when the following conditions are met:
a. This use shall be conducted in a completely enclosed building. No transfer station shall be closer than one thousand (1,000) feet to any A-R zone, to any residential zone, nor to any existing residence on another lot under different ownership.
b. The facility shall be operated at all times in compliance with applicable federal, state and local laws, including Health Department regulations; regulations on noise, air, and water quality; and this Zoning Ordinance. A plan demonstrating proposed conformance with these requirements shall be submitted as part of any application.
c. A site/development plan, indicating existing screening and landscaping, fencing and significant geological or physical features of the property, shall be submitted as part of any application. The development plan shall be prepared by either an engineer, architect, landscape architect, land surveyor, or certified planner. This plan should also indicate all existing contours, drainage courses, retention, stormwater and sedimentation basins; and the names and locations of all streams, creeks, or other bodies of water within five hundred (500) feet of the proposed transfer station. The facility shall have adequate groundwater monitoring, waste spillage, and liquid waste/leachate containment measures incorporated into the building and site, and all liquid waste must be disposed of via sanitary sewers. In the event adequate waste liquids/leachate containment, delivery controls and spillage control methods cannot be provided, the conditional use permit may be denied.
d. The site/development plan should also indicate access points, proposed signage, and internal circulation designed to minimize the impact of traffic, dust, and vehicle noise on areas outside the site. All roads to the site should be of sufficient width and constructed to safely handle all sizes of trucks, while being easily accessible to Federal or State highways. The plan shall identify (at a minimum) the route(s) to and from the site, the schedule and frequency of shipments, employee parking areas, and stacking areas for trucks. The Board shall review the location of access points to ensure that no traffic hazards are created.
e. All driveways and stacking areas shall be paved or sealed to prevent dust.
f. No transfer station shall be located within a 100-year floodplain or sinkhole area.
g. No waste shall remain overnight at the site.
h. This use shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m.
i. The operator shall identify and employ misting, spritzing, masking agents, or absorption agents to control offensive odors.
j. The Board of Adjustment shall specifically consider and be able to find that the proposed use will not constitute a nuisance by creating excessive noise, water pollution, odor, truck traffic, vermin or other disease vectors, dust or other public health hazards. The Board shall also be able to find that the applicant has demonstrated specific measures in their application and plans that ensure compliance with the applicable state environmental performance standards of 401 KAR 47:030.
36. 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.
37. 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.
38. Ecotourism activities to include campgrounds; commercial hiking, bicycling 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.
39. Market gardens.
(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.)
(f) Minimum Lot Size. No limitation.
(g) Minimum Lot Frontage. No limitation.
(h) Minimum Front Yard. Twenty (20) feet.
(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. As for I-1.
No minimum requirements.
Conditional Uses: The Board of Adjustment may establish additional requirements, as needed.
(o) Special Provisions.
1. All buildings, outside storage areas, loading and working areas (except accessory parking) in conjunction with uses which are first permitted in the I-2 zone shall be located at least three hundred (300) feet from any residential zone and at least one hundred (100) feet from any other zone except B-4, I-1, or A-R.
2. Landscape buffer areas shall be required as set forth in Article 18. As to transfer stations, except in all cases at least a 15-foot landscape buffer shall surround the transfer station use.
3. Outside storage and working areas (except accessory parking) shall be enclosed by a solid wall or fence, not less than six (6) feet in height.
(Code 1983, § 8-23; Ord. No. 35-87 , §§ 3, 4, 3-5-1987; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 93-89 , § 1, 6-1-1989; Ord. No. 154-89 , § 1, 8-31-1989; Ord. No. 84-91 , § 2, 5-2-1991; Ord. No. 30-92 , §§ 16—18, 3-3-1992; Ord. No. 190-92 , § 1, 10-29-1992; Ord. No. 215-92 , § 1, 12-3-1992; Ord. No. 292-95 , § 1, 12-7-1995; Ord. No. 341-2006 , § 17, 12-7-2006; Ord. No. 227-2008 , §§ 9—11, 10-23-2008; Ord. No. 1-2011 , § 9, 1-13-2011; Ord. No. 99-2011 , § 10, 8-25-2011; Ord. No. 100-2011 , § 10, 8-25-2011; Ord. No. 5-2013 , § 2, 1-31-2013; Ord. No. 137-2016 , § 2(8-23), 7-7-2016; Ord. No. 22-2017 , § 3(8-23), 3-2-2017; Ord. No. 166-2017 , § 3(8-23), 11-16-2017; Ord. No. 113-2022, § 3, 10-27-2022; Ord. No. 004-2023, § 24, 1-31-2023; Ord. No. 020-2023, § 17, 3-9-2023; Ord. No. 057-2024, § 16, 6-27-2024)