Lexington City Zoning Code
ARTICLE XI
Business Districts
§ 300-48 Purpose.
The business districts set forth herein are established to protect public health, to promote public safety, convenience, comfort, and the general welfare, and to protect the economic base of the City and the value of property. These general goals include, among others, the following specific purposes:
A.
To promote the most desirable use of land in accordance with a well-considered plan so that adequate space is provided in appropriate locations for the various types of businesses, thereby protecting and strengthening the economic base of the City.
B.
To place in separate districts those businesses which may create noise, odors, hazards, unsightliness, or which may generate excessive traffic.
C.
To encourage the grouping in appropriate locations of compatible business uses that will tend to draw trade that is mutually interchangeable and so promote public convenience and business prosperity and contribute to the alleviation of traffic and pedestrian congestion.
D.
To provide for the establishment of off-street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.
§ 300-49 B-1 General Business District.
The B-1 General Business District is composed of that business which is normally Citywide or larger in character. This district is centrally located and is at the convergence of major traffic arteries. It is the intent that this district be intensified so that it may not lose the vitality necessary for regional attraction of business.
A.
Permitted uses. All of the following permitted uses, except the required off-street parking facilities, shall be conducted wholly within an enclosed building, and no building or premises, improved or unimproved, shall be used and no building shall be hereafter built or altered within any B-1 General Business District unless otherwise provided in this chapter, except for the following uses:
(1)
Major retail outlets: furniture, department, clothing, shoe and variety stores, hardware, appliance, paint and wallpaper stores.
(2)
Food, drugs, and beverage: grocery stores, supermarkets, meat markets, drugstores and liquor stores, bakeries in conjunction with retail sales, and taverns.
(3)
Specialty shops: gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops, sporting goods.
(4)
Service and recreation: laundromats, dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair and tailor shops, mortuaries, printing shops with not more than 10 full-time regular employees.
(5)
Dry-cleaning and pressing establishments when employing facilities for the cleaning and pressing of not more than 750 pounds of dry goods per day, and when using perchloroethlene or other similar nonflammable flammable solvents approved by the Fire Department.
(6)
Electrical appliance stores and repair, but not including appliance assembly or manufacturing.
(7)
Hotels, including dining and meeting rooms.
(8)
Laboratories (medical, dental, research, experimental, and testing), provided no production or manufacturing of products takes place.
(9)
Business and professional offices: medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility companies.
(10)
Medical and dental clinics.
(11)
Automotive and related uses: new car sales and service, but not including automobile body repair and rebuilding or painting of automobiles; gasoline filling stations; motorcycle and bicycle shops; cab and bus stands and depots.
(12)
Accessory uses or buildings.
(13)
Parking lots.
(14)
Restaurants, tearooms or cafes, when the establishment is not of the drive-in-type where food is served to occupants remaining in motor vehicles.
(15)
Schools: music, dance, business, commercial or trade.
(16)
Theaters with indoor screen, stage and seating within a permanent building are permitted; however, outdoor drive-in-type theaters where an exterior screen is used and patrons remain seated in autos shall be prohibited.
(17)
Business and advertising signs pertaining to the business on the property on which the sign is located, subject to the provisions of Article IX.
(18)
Any other similar type retail stores not specifically permitted herein and which have economic compatibility with the established uses on adjoining properties.
(19)
Commercial car washes.
[Added 4-18-2013 by Ord. No. 2013-1]
B.
Conditional uses. The following conditional uses are permitted, subject to the conditions and requirements of Article VII:
C.
Height of buildings. Maximum building height shall be 45 feet, provided maximum height may be increased three feet for each foot that the building is set back from front and rear lot lines in addition to that required in Subsection D .
D.
Yard areas. No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such buildings:
(1)
Front and rear yard. The minimum front and rear yard shall be 25 feet.
(2)
Side yard. The minimum side yard shall be five feet, except for a lot that abuts upon an R District, or upon an alley separating this district from an R District. There shall then be provided a side yard equal to the side yard required in the abutting R District, but in no case less than 10 feet.
(3)
Concentrated business district. No front, side or rear yard shall be required in the concentrated business district. The concentrated business district is described as properties within the area bounded on the east by the alley between Pine Street and Center Street, bounded on the south by a line approximately 120 feet south of the south line of Main Street and bounded on the west and north by an irregular line along Benson Street, Main Street, the alley between West Street and Vine Street and Walnut Street.
§ 300-50 B-2 Highway Business District.
The B-2 Highway Business District is composed of those retail and service establishments that depend to a large extent on customers arriving by auto or those business establishments which need large sites.
A.
Permitted uses. All of the following permitted uses, except retail uses and required off-street parking facilities, shall be conducted wholly within an enclosed building. Retail and recreation uses not conducted within an enclosed building shall be screened from abutting residence districts at side and rear yards by a solid fence or wall of five feet in height. No building or premises, improved or unimproved, shall be used and no building shall be hereafter built or altered within any B-2 Highway Business District unless otherwise provided in this chapter, except for the following uses:
(1)
Any use permitted in the B-1 District, except hotels.
(2)
Agricultural implement sales and service.
(3)
Automobile motor repair and service shop, provided that areas used for the storage of junkers shall be screened in a manner approved by the Mayor and City Council.
(4)
Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaning.
(5)
Beverages, nonalcoholic, bottling and distributing.
(6)
Boat showroom repair and service.
(7)
Building materials sales and storage, including lumber yards.
(8)
Book binding.
(9)
Catering establishments.
(10)
Contractors; offices and shops.
(11)
Dry-cleaning and pressing establishments.
(12)
Exterminating shops.
(13)
Feed and seed and packaged fertilizer.
(14)
Garages, public.
(15)
Glass cutting and glazing establishments.
(16)
Household appliance repair shops.
(17)
Kennels, commercial.
(18)
Monument companies.
(19)
Motels.
(20)
Pet shops or animal hospitals when conducted wholly within an enclosed building.
(21)
Radiator sales and repair shops.
(22)
Processing or assembly, limited to the following, provided that space occupied by a building does not exceed 6,000 square feet of total floor and basement space, not including stairwells or elevator shafts, and provided such processing or assembly can be conducted without excessive noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings. When manufacturing operations of the same or similar products demand space exceeding 6,000 square feet, they shall then be located in the M-1 Manufacturing District.
(a)
Advertising displays.
(b)
Awnings, venetian blinds and window shades.
(c)
Brushes and brooms.
(d)
Bakeries, wholesale.
(e)
Cosmetics, drugs and perfumes.
(f)
Electrical equipment appliances.
(g)
Food processing, packaging and distribution.
(h)
Jewelry.
(i)
Medical and dental supplies.
(j)
Optical goods and equipment.
(k)
Pattern-making.
(l)
Scientific and precision instruments.
(m)
Products from finished materials such as plastic, bone, cloth, cork, feathers, felt, fiber, paper, fur, glass, hair, horn, leather, precious or semiprecious stones, rubber, shell or yarn.
(23)
Recreation places, including bowling alleys, dance halls, gymnasiums, skating rinks, archery ranges, golf practicing ranges, miniature golf course, or other similar places of amusement or entertainment when operated for pecuniary profit.
(24)
Sheet metal shops.
(25)
Silver plating and repair shops.
(26)
Steel building sales.
(27)
Taxicab companies.
(28)
Towel laundry services.
(29)
[1]Used passenger automobile sales.
[1]
Editor's Note: Former Subsection A(29) and (30) which permitted certain trailer sales or rental and trailer parks as permitted uses, was repealed 4-18-2013 by Ord. No. 2013-2. This ordinance also redesignated former Subsection A(31) through (34) as Subsection A(29) through (32), respectively.
(30)
Veterinary clinics.
(31)
Wholesale businesses, excluding a building the principal use of which is for a storage warehouse.
(32)
Uses customarily incidental to any of the above uses and accessory buildings when located on the same premises.
B.
Height. No building or structure shall be built or structurally altered to exceed a height of three stories, nor shall it exceed 35 feet in height.
C.
Yard areas. No building shall be constructed or enlarged unless the following yards are provided and maintained in connection with such building:
(1)
Front yard. There shall be a front yard of not less than 20 feet. Exception: When two or more existing business buildings located in this district and within the block of the subject lot have already established a building line at a lesser depth than required above, then all new buildings may conform to the same building line, except for the 50 feet of B-2 District frontage adjacent to an R District, whereupon there shall be provided a front setback of not less than 20 feet.
(2)
Side yard. No side yard is required, except for a lot that abuts upon an R District, or upon an alley separating this district from an R District. There shall then be provided a side yard equal to the side yard required in the abutting R District, but in no case less than 10 feet.
(3)
Rear yard. There shall be a rear yard of not less than 10 feet.