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Lexington-Fayette County, KY Overview
Lexington-Fayette Urban County Government Zoning Code
LEXINGTON-FAYETTE COUNTY, KENTUCKY ZONING ORDINANCE
SUPPLEMENT HISTORY TABLE
Article 1 - GENERAL PROVISIONS AND DEFINITIONS
Article 2 - ZONING MAP1
Article 3 - GENERAL ZONE REGULATIONS
Article 4 - NON-CONFORMING USES, STRUCTURES AND LOTS
Article 5 - ADMINISTRATION, ENFORCEMENT AND VIOLATIONS
Article 6 - AMENDMENTS
Article 7 - BOARD OF ADJUSTMENT
Article 8 - SCHEDULE OF ZONES1
Article 9 - GROUP RESIDENTIAL PROJECTS
Article 10 - MOBILE HOME PARK (M-1P) ZONE
Article 11 - INTERCHANGE SERVICE BUSINESS (B-5P) ZONE
Article 12 - COMMERCIAL CENTER (B-6P) ZONE
Article 13 - HISTORIC PRESERVATION1
Article 14 - EXCLUSIVE USE ZONES
Article 15 - GENERAL REGULATIONS FOR HEIGHTS, YARDS, WALLS, FENCES, PROJECTIONS, ACCESSORY STRUCTURES AND INFILL/REDEVELOPMENT CONSTRUCTION1
Article 16 - GENERAL REGULATIONS FOR VEHICULAR USE AREAS1
Article 17 - SIGN REGULATIONS1
Article 18 - LANDSCAPE AND LAND USE BUFFERS
Article 19 - FLOODPLAIN CONSERVATION AND PROTECTION1
Article 20 - OPEN SPACE STANDARDS
Article 21 - DEVELOPMENT PLANS
Article 22 - PLANNED UNIT DEVELOPMENT (PUD) ZONES
Article 23 - EXPANSION AREAS ZONING CATEGORIES AND RESTRICTIONS
Article 24 - AGRICULTURAL AND RURAL CORRIDOR OVERLAY ZONES1
Article 25 - TELECOMMUNICATION TOWERS
Article 26 - TREE PROTECTION STANDARDS
Article 27 - COURTHOUSE AREA DESIGN OVERLAY ZONE
Article 28 - MIXED USE ZONING CATEGORIES
Article 29 - NEIGHBORHOOD DESIGN CHARACTER OVERLAY (ND-1) ZONE
ARTICLE 30 - OUTDOOR LIGHTING
CODE COMPARATIVE TABLE LEGISLATION
STATE LAW REFERENCE TABLE
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 8A NOTIFICATION REQUIREMENTS FOR CONSTRUCTION OR DEMOLITION BLASTING OPERATIONS
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
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Sec. 3-10. - General regulations for operation of a home office or home occupation.
Shall be as follows:
(a)   The use shall be clearly incidental and secondary to use of dwelling purposes with no more than three hundred (300) square feet of the dwelling devoted to each use;
(b)   The use shall be operated by and shall employ only residents of the dwelling;
(c)   No commodities or merchandise shall be stored on the property other than those produced and/or repaired by the residents on the premises; any firearms being modified or repaired on the premises as part of a home occupation shall be located in a locked safe and shall never be discharged on site;
(d)   The residence shall maintain its residential character and shall not be altered or remodeled so as to change the residential appearance of the building;
(e)   No outside signage shall be permitted on the premises;
(f)   The use shall be located in the dwelling unit and not in any accessory building;
(g)   On-site sales or visits to the home by customers, clients, patrons and the general public are not allowed, excluding the pick-up or pre-ordered items or drop-off of items to be repaired;
(h)   The use does not involve potentially disturbing equipment, materials or chemicals.
These provisions are not intended to restrict offices accessory to principal permitted agricultural uses located in homes on the same agricultural property.
A home office shall not include offices for escort services.
(Ord. No. 166-2017 , § 2(3-10), 11-16-2017; Ord. No. 086-2021, § 2, 9-16-2021)
Sec. 3-11. - General regulations for operation of a home-based business.
Shall be as follows:
(a)   All activities shall comply with the provisions outlined in section 3-10(a) through (f) above;
(b)   Any conditions regarding the use of firearms or potentially disturbing equipment, materials or chemicals (e.g., soundproofing or other safety measures) shall be as determined to be appropriate by the Board of Adjustment;
(c)   Limitations on hours of operation and frequency of customer/client visits shall be as determined to be appropriate by the Board of Adjustment;
(d)   No additional paving for parking shall be permitted;
(e)   The use does not adversely affect surrounding properties by excessive traffic generation, noise or odors that might be associated with equipment, materials or chemicals used in the operation of the home-based business.
(Ord. No. 166-2017 , § 2(3-11), 11-16-2017)
Sec. 3-12. - General regulations for accessory dwelling units (ADUs).
(a)   Pre-Application Conference. Prior to filing an application for a building permit for an ADU, the applicant shall meet with appropriate staff members of the Division of Planning to discuss the proposed permit. The purpose of this conference is to discuss, at the earliest stages, the requirements, procedures and issues related to the proposed ADU, and to provide guidance for the property owner relative to the Homeowner's Guide to Accessory Dwelling Units (ADU Manual).
It is intended that this conference will help to alleviate possible conflicts by early recognition of existing conditions, necessary facilities, and the recommendations of the ADU Manual pertaining to design, layout, and other considerations. The applicant shall arrange the conference, which shall be held not less than five (5) working days nor more than three (3) months prior to submitting the application.
The staff shall keep a record of the conference date and include the information in the records of the building permit file. The Division of Planning shall not accept an application for a zoning compliance permit for an ADU for which a pre-application conference has not been held.
(b)   Construction. An ADU may be created through new construction, an alteration of an existing structure, addition to an existing structure, or conversion of an existing structure to an ADU while simultaneously constructing a new primary dwelling unit on the site. A modular or manufactured home may be utilized as an ADU, provided it meets all other requirements of this section and is attached to a permanent foundation.
(c)   Number of Units. One (1) ADU is permitted per single family dwelling per lot.
(d)   Minimum Lot Size. None.
(e)   Maximum ADU Size. Eight hundred (800) square feet, except, Conversion: There is no limit on the size for the conversion of an existing basement to an ADU, so long as the conversion remains within the footprint of the structure.
(f)   Maximum Floor Area (FAR) and Lot Coverage. For an attached ADU, the maximum FAR and lot coverage shall be that of the underlying zone.
(g)   Yard requirements. For an attached ADU, the yard requirements shall be those required for a principal structure in the underlying zone.
(h)   Maximum Height. For an attached ADU, the maximum height shall be that of the underlying zone.
(i)   Off-Street Parking. For ADUs located in a zone with a maximum parking requirement, one (1) additional space may be permitted.
(j)   Short-Term Rentals shall be operated in accordance with Section 3-13.
(k)   Design Standards.
Entrances: Only one (1) pedestrian entrance to the structure may be located on the primary wall plane of the dwelling unit.
Exterior Stairs: Any exterior stairs to serve as the primary entrance to an ADU within the principal structure shall be located on the side or rear of such the primary dwelling.
(l)   Alterations of existing structures: If a detached ADU is created from an existing detached accessory structure that does not meet one or more of the standards within Section 3-12, the structure is exempt from the standard(s) it does not meet as per Section 3-2.
However, as per Section 4-4, any alterations that would result in the structure becoming less conforming to those standards it does not meet is not allowed.
(m)   Maximum Occupancy Limit. A maximum of two (2) persons and any children related to either of them or under their care through a duly authorized custodial relationship may reside in the ADU.
(Ord. No. 102-2021, § 2, 10-28-2021; Ord. No. 148-2023, § 2, 12-7-2023)
Sec. 3-13. General regulations for Short Term Rentals (STRs).
(a)   All short term rentals shall be licensed by the Division of Revenue and subject to the regulations of Section 13 of the Code of Ordinances.
(b)   Except as limited by subsections (I) and (m), the number of Dwelling Units allowed to be utilized as Short Term Rentals per Property:
 
Zones Allowed
Hosted (Occupancy up to 10)
Hosted (Occupancy >10)
Un-Hosted
# of Dwellings on Property allowed as Short Term Rental Units
Single Family Lots1
R-1A, R-1B, R-1C, R-1D, R-1E, R-1T, ADU R-2, R-3, R-4, R-5, EAR-1, EAR-2, EAR-3
Accessory Use
Conditional Use
Conditional Use
1 dwelling unit or 1 ADU
Multi-Family and Group Residential Lots2
R-1T, R-2, R-3, R-4, R-5, EAR-1, EAR-2, EAR-3, CN
Accessory Use
Conditional Use
Conditional Use
10% max or 1, whichever is greater
B-1, P-1, MU-1, MU-2, MU-3
Accessory Use
Accessory Use
Principal Use
25% max. or 1, whichever is greater
B-2, B-2A, B-2B, B-4*, I-1*, I-2*, CC, B-6P, MU-3*
Principal Use
Principal Use
Principal Use
No max.
 
   1 Single Family Lots may include either a detached dwelling unit or a subdivided attached dwelling unit as a principal structure.
   2 Multi-Family and Group Residential Lots may include condominiums and attached single family dwelling units on one lot.
   *When part of an Adaptive Reuse Project, Industrial Reuse Project, or Entertainment Mixed Use Project
(c)   Maximum Occupancy Limit (for principal and accessory uses): A maximum of two (2) individuals per bedroom, plus an additional two (2) individuals; or a total of 10 individuals, whichever is less. Any host or other permanent residents of the dwelling unit present during the short-term rental period shall count toward the maximum occupancy. Occupancy for accessory dwelling units used as short-term rentals shall be in accordance with Section 3-12(m).
(d)   Maximum Occupancy Limit (for conditional uses): The Board shall establish a maximum occupancy for the short term rental use in accordance with the above provision, except the Board may allow additional occupants when there is sufficient evidence that a greater occupancy will not result in overcrowding or create a nuisance.
(e)   Detached accessory structures may be used as a Short Term Rental only in a permitted Detached Accessory Dwelling Unit.
(f)   Short Term Rentals shall not be utilized for private events, such as weddings or parties, in which the number of participants exceeds the maximum occupancy limit. No private events shall occur between the hours of 11:00 p.m. and 7:00 a.m. Special events for a commercial purpose shall be prohibited at all times.
(g)   For Short Term Rentals regulated as conditional uses, the Board of Adjustment shall take into consideration:
(1)   The demonstrated compliance record of the applicant, if they operate other STRs in Lexington.
(2)   Whether other STRs in the general vicinity have been cited as a nuisance, including those operated by the applicant.
(3)   Whether the property being considered is located within a neighborhood that may be vulnerable to involuntary displacement based upon socioeconomic demographics.
(h)   The Chair may admit all pertinent evidence for the Board's consideration, including but not limited to the sworn testimony of those present, letters and documents submitted for the record, and reports from LFUCG staff.
(i)   For any conditional use permit approved by the Board of Adjustment for a short term rental, the conditional use permit shall become null and void if the applicant's short-term rental special fee license (as regulated by the Division of Revenue and Section 13 of the Code of Ordinances) lapses or is revoked.
(j)   Any Short Term Rental operating in a principal dwelling unit prior to July 11, 2023, that would hereafter be regulated as a conditional use shall be allowed to continue its operation per Article 4-7, but shall utilize the new regulations provided in Sections (a), (c), (e), (f), and (h) above. Such uses shall obtain the license required above from the Division of Revenue no later than January 11, 2024 and be subject to the regulations of Section 13 of the Code of Ordinances. A change in ownership shall require a conditional use permit to be approved by the Board of Adjustment.
(k)   Any Short Term Rental operating in a principal dwelling unit prior to July 11, 2023 that is located in a zone that would hereafter prohibit Short Term Rentals shall be allowed to continue its operation as a non-conforming use per Article 4-3, and shall continue to operate in accordance with the definition of a dwelling unit occupied by one family or housekeeping unit, having no more than one rental contract per week, for a total of no more than 52 rentals per year and with an occupancy of no more than 4 unrelated individuals. Such uses shall obtain the license required above from the Division of Revenue no later than January 11, 2024 and be subject to the regulations of Section 13 of the Code of Ordinances.
(l)   No Short Term Rental regulated as a conditional use shall be located within six hundred (600) feet of another Short Term Rental that has either received a Conditional Use Permit from the Board or is otherwise a legal non-conforming use pursuant to Section (j), above.
(m)   The number of Un-Hosted Short Term Rentals shall not exceed two percent (2%) of all dwelling units within one thousand (1,000) feet in residential zones.
(n)   Relief from Sections (I) and (m) may be obtained from the Board of Adjustment on a case-by-case basis, provided the applicant demonstrates that the proposal would not contribute to an overconcentration of Un-Hosted Short Term Rentals in the immediate area and/or adversely affect the housing stock in the immediate area. In approving this relief, the Board must find the request is appropriate for at least one of the following reasons:
(1)   The property is adjacent to nonresidential zones that allow Short Term Rentals as a principal or accessory use;
(2)   There is a significant environmental feature or minor arterial or higher classification road that separates the proposed Short Term Rental from other Un-Hosted Short Term Rentals within the buffer area;
(3)   An Un-Hosted Short Term Rental within the buffer area is located on the perimeter of the buffer area, with part of the property being located outside of the buffer area.
(o)   The Board of Adjustment may consider a maximum of ten (10) new conditional use applications for Short Term Rentals per month.
(Ord. No. 074-2023, § 3, 7-11-2023; Ord. No. 148-2023, § 3, 12-7-2023; Ord. No. 139-2024, §§ 1-7, 12-5-2024)
Article 4 - NON-CONFORMING USES, STRUCTURES AND LOTS
Sec. 4-1. - Definitions.
The following categories of non-conformity are hereby established and defined:
(a)   Non-conforming Uses. The term "non-conforming uses" means uses of land or structures that were lawful prior to the adoption or amendment of this Zoning Ordinance but would be prohibited, regulated or restricted under this Zoning Ordinance in the zone in which it is located. Included in this definition are uses that would be otherwise be permitted in the zone by this Zoning Ordinance, but do not meet the requirements associated with such uses, e.g., parking, open space, and the like.
(b)   Non-conforming Structures. The term "non-conforming structures" means structures that were lawful prior to adoption or amendment of this Zoning Ordinance but do not conform with the yard, coverage, height or other structural restrictions, including applicable Infill and Redevelopment Area regulations of this Zoning Ordinance for the zone in which the structure is located.
(c)   Non-conforming Lots. The term "non-conforming lots" means lots of record at the time of adoption or amendment of this Zoning Ordinance that do not meet the minimum lot square footage and/or frontage requirements prescribed for the zone in which the lot is located. Non-conforming lots do not include those within the defined Infill and Redevelopment areas that may be smaller than the required lot size of the zone, provided these lots meet the requirements of the "small lot" provision contained in each residential zoning category.
(Code 1983, § 4-1; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 129-2009 , § 7, 7-2-2009)
Sec. 4-2. - Intent.
It is the intent of this Zoning Ordinance to permit the non-conformities established in Section 4-1 to continue until they are removed, but not to encourage their survival. It is also intended that non-conformities shall not be enlarged or extended beyond the scope and area of their operation at the time of the adoption or amendment of this Ordinance, nor to be used as grounds for adding additional structures or uses not permitted in the same zone. Non-conforming uses are those that are incompatible with permitted uses in the zones in which they are located.
(Code 1983, § 4-2; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 307-2002 , § 1, 12-5-2002)
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