Lexington City Zoning Code
ARTICLE 11
INTERCHANGE SERVICE BUSINESS B-5P ZONE
Sec. 11-1. - Intent.
The intent of this zone is to permit the establishment of limited commercial facilities which should be located at limited access highway interchange areas so that the traveling public is conveniently provided with transient type services without endangering the movement along, as well as access to and from, the limited access highway. The standards contained in this Article are intended to provide adequate protection for, and consideration of, the traveling public. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.
(Code 1983, § 11-1; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 137-2016 , § 3(11-1), 7-7-2016; Ord. No. 020-2023, § 20, 3-9-2023)
Sec. 11-2. - Principal uses permitted.
The following are principal permitted uses in an Interchange Service Business (B-5P) zone:
a. Automobile Service Stations and automobile and vehicle refueling stations providing full-service, self-service, or a combination thereof; including the sale of convenience-type merchandise in conjunction therewith in an enclosed building. Such uses shall conform to all requirements of Article 16.
b. Facilities for the sale of convenience-type merchandise in an enclosed building in conjunction with pumps for the sale of fuel for vehicles.
c. Restaurants, excluding drive-in restaurants.
d. Cocktail Lounges, Nightclubs, Wine Tasting Rooms and Discotheques, with or without live entertainment or dancing.
e. Brew-pubs, when located at least one hundred (100) feet from a residential zone, which shall be soundproofed to the maximum extent feasible by using existing technology, with noise or other emissions not creating a nuisance to the surrounding neighborhood.
f. Hotels and Motels.
g. One Confectionery or Candy Store, not exceeding one thousand, five hundred (1,500) square feet, per interchange quadrant.
h. Roadside stand and value-added product sales.
i. Carnivals on a temporary basis, and upon issuance of a permit by the Division of Building Inspection, which may restrict the permit in terms of time, parking, access, or in 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.
j. Temporary cellular telephone transmitting facility; not to exceed seventy (70) feet in height and with a 1:1 height to yard ratio.
k. Car washing establishments, provided that surface water from such uses shall not drain onto adjacent property or over a public sidewalk, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes. The use shall be located at least one hundred fifty (150) feet from a residential zone or residential structure in a nonresidential zone; or the use shall be designed so that all vehicular stacking areas and machine operations, including vacuuming and mechanical washing, shall be conducted inside a building, or shall be separated from the residential zone or residential structure in a nonresidential zone by a building or an eight-foot solid wall.
(Code 1983, § 11-2; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 30-95 , § 1, 2-9-1995; Ord. No. 71-96 , § 5, 5-16-1996; Ord. No. 85-96 , § 2, 5-30-1996; Ord. No. 155-97 , § 1, 7-10-1997; Ord. No. 171-2001 , § 1, 7-5-2001; Ord. No. 60-2004 , § 1, 4-8-2004; Ord. No. 100-2011 , § 13, 8-25-2011; Ord. No. 5-2013 , § 3, 1-31-2013; Ord. No. 137-2016 , § 3(11-2), 7-7-2016; Ord. No. 063-2024, § 10, 6-27-2024)
Sec. 11-3. - Accessory uses permitted.
Accessory uses permitted in the B-5P zone are those uses which are customarily accessory, clearly incidental, and subordinate to any permitted principal use, such as:
(a) Swimming pools.
(b) Meeting rooms.
(c) Tennis courts, putting greens, handball courts, and other similar indoor or outdoor recreational facilities.
(d) Drive-through facilities for sale of goods or products or provision of services otherwise permitted herein.
(e) Bus agencies.
(Code 1983, § 11-3; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 174-86 , § 1, 8-28-1986; Ord. No. 137-2016 , § 3(11-3), 7-7-2016)
Sec. 11-4. - Conditional uses.
The following are conditional uses in an Interchange Service Business (B-5P) zone (Permitted only with Board of Adjustment approval):
(a) 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:
(1) 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;
(2) That a reasonable degree of reclamation and proper drainage control is feasible; and
(3) 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.
(b) 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.
(c) Seasonal activities.
(d) Market gardens.
(Code 1983, § 11-4; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 30-92 , § 20, 3-3-1992; Ord. No. 71-96 , § 6, 5-16-1996; Ord. No. 155-97 , § 1, 7-10-1997; Ord. No. 60-2004 , § 1, 4-8-2004; Ord. No. 100-2011 , § 14, 8-25-2011; Ord. No. 137-2016 , § 3(11-4), 7-7-2016; Ord. No. 22-2017 , § 4(11-4), 3-2-2017)
Sec. 11-5. - Prohibited uses.
All uses, other than those specifically named as permitted uses, shall be prohibited in the B-5P zone.
(Code 1983, § 11-5; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 137-2016 , § 3(11-5), 7-7-2016)
Sec. 11-6. - Locational standards.
A B-5P zone may be established only upon land having a minimum of five hundred (500) feet of frontage on a street designated as an arterial and abutting a limited access highway interchange.
(Code 1983, § 11-6; Ord. No. 263-83, § 1, 12-15-1983; Ord. No. 137-2016, § 3(11-6), 7-7-2016; Ord. No. 036-2025, § 10, 6-12-2025)
Sec. 11-7. - Minimum design standards.
(a) Access. There shall be no direct entrances or exits from any establishments to any arterial street unless acceleration and deceleration lanes not less than two hundred (200) feet in length and eleven (11) feet in width are provided for both directions of travel.
(b) Non-conforming Uses. Development of a B-5P zone in accordance with the provisions of this Article shall include the removal of any non-conforming use located on the property involved.
(c) Parking. No minimum requirements. (See Articles 16 and 18 for additional parking regulations.)
(d) Screening. Landscaping and screening shall be provided as required in Article 18.
(e) Lot, Yard, and Height Requirements. Lot and yard requirements shall be as for the Corridor Business (B-3) zone, except for the lot coverage requirement. There shall be no height restriction except when a side or rear yard adjoins a residential zone, then a 3:1 height-to-yard ratio.
Sec. 11-8. - Procedure.
The procedure for obtaining a Zoning Map Amendment to the B-5P zone shall be the same as provided in Article 6.
(Code 1983, § 11-8; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 172-86 , § 1, 8-28-1986; Ord. No. 122-2011 , § 19, 9-29-2011; Ord. No. 137-2016 , § 3(11-8), 7-7-2016; Ord. No. 036-2025, § 11, 6-12-2025)