Lexington City Zoning Code

(a)   Intent. A statement of the purposes and objectives of the PUD zone.

(b)   Permitted Uses. A detailed list of the uses permitted in the zone.

(c)   Site Criteria. The minimum and/or maximum size of the site, its location, etc.

(d)   Relationship to the Comprehensive Plan. Statements and requirements as necessary to define the relationship of the Comprehensive Plan to the proposed use.

(e)   Design Standards. The lot, yard, height, access, parking, open space, and/or other requirements deemed necessary to fulfill the intent of the particular PUD zone.

(f)   Application Materials. A detailed list of the materials required to be submitted with the application to the PUD zone.

(g)   Review Procedure. The procedure to be followed in the review of the application to a PUD zone.

(h)   Timing of Development. A provision for the development to be completed within a specified period of time.

(a)   Location. The property must be entirely or substantially located within an area recommended for residential (low, medium or high density) use in the adopted Comprehensive Plan.

(b)   Minimum Size. No site may be zoned to a PUD-1 classification unless it is at least three (3) acres in size. Enlargement of the PUD-1 zone may be permitted, regardless of the size, only if it is found that the enlargement is in accord with the requirements of the PUD-1 zone and that the enlargement would be a harmonious extension of the original design of the PUD-1 zone.

(a)   Principal Permitted Uses. The primary principal permitted uses shall be single-family, two-family, townhouse, and multifamily dwelling units. In addition he following uses shall be permitted, provided that the aggregate total lot area for such uses does not exceed fifteen percent (15%) of the total lot area of the Planned Unit Development.

1.   Kindergartens, nursery schools, day nurseries and childcare centers for four (4) or more children. For any lot or property which will also be used for residential purposes no more than twelve (12) children shall be permitted. All kindergartens, nursery schools, day nurseries and childcare centers shall provide a fenced and screened play lot which shall contain not less than twenty-five (25) square feet per child.

2.   Places of religious assembly

3.   Nursing homes and personal care facilities.

4.   Schools for academic instruction.

(b)   Other Permitted Uses. Within a Planned Unit Development containing at least one hundred (100) gross acres and not less than six hundred (600) total dwelling units, a restricted commercial use shall be permitted within the PUD-1 zone in conformance with the following provisions:

1.   The Commercial Area(s) shall be designated on the required development plans. Residential and non-residential uses may be provided within the same structure, provided that such uses are not located on the same floor, or separate entrances are provided.

2.   Permitted uses and off-street parking shall be as provided for principal permitted uses in the B-1 zone.

3.   The Commercial Area shall be located on a continuous public collector street, but shall not be closer than two thousand (2,000) feet (measured along the collector street) to any principal or minor arterial street.

4.   The total land area for the commercial use shall not exceed two (2) acres in size, or one percent (1%) of the gross land area within the Planned Unit Development, whichever is the greater acreage.

5.   The Commercial Area shall be in keeping with the overall design of the Planned Unit Development, provide primarily for the needs of the residents of the development, and visually harmonize with the residential areas within the Planned Unit Development.

6.   No building permits may be issued for structures designated for commercial uses until occupancy permits have been issued for at least fifty percent (50%) of the total residential dwelling units contained within the Planned Unit Development.

(c)   Accessory Uses. The following uses are permitted when incidental and subordinate to principal permitted uses:

1.   Private garages, storage sheds and parking areas.

2.   Swimming pools, tennis courts, clubhouses and other private or common use open space and recreational areas.

3.   Agricultural uses, excluding commercial stock raising.

4.   Home office.

(d)   Conditional Uses. Home occupations shall be the only conditional use permitted upon approval by the Board of Adjustment.

(a)   Authorization to Prepare Required Materials. In order to ensure that the Planned Unit Development Plan has been prepared in a professional manner using a multi-discipline approach the preliminary Planned Unit Development Plan shall be certified by two (2) or more of the following professionals:

(1)   An urban planner who is a full member of AICP.

(2)   A landscape architect license to practice in the State of Kentucky.

(3)   An architect registered to practice in the State of Kentucky.

(4)   A civil engineer registered to practice in the State of Kentucky.

(b)   Map Amendment Request Materials. Any map amendment request to a PUD-1 zone shall be filed in such form and such materials as required by Article 6 of this Zoning Ordinance and the by-laws of the Planning Commission. In addition, a preliminary Planned Unit Development Plan, a site inventory, and any proposed restrictive covenants, including homeowners' association documents, shall be included with the application as the minimum requirements for filing.

(1)   Required Planned Unit Development Plans. Shall comply with the informational and design requirements for preliminary or final development plans under Article 21 of this Zoning Ordinance.

(2)   Site Inventory. The required site inventory shall be a separate document from the required Planned Unit Development Plan. The inventory shall include text and map information indicating soil types and their locations and development limitations; existing drainage features including watercourses, natural swales, ponds, floodplains, etc.; existing vegetative cover, including tree stands and the general type and size of trees, any existing utilities on site; the location and use of any existing structures on the site; identification and location of any historic structures or other natural or manmade features of historic interest; any existing easements; and any other significant site features.

(3)   Restrictive Covenant. Any proposed restrictive covenants or homeowners' association documents shall be provided in triplicate in a recordable form.

(a)   Pre-Application Conference. A pre-application conference as set forth in Article 6 shall be required prior to the submission of a map amendment request to a PUD-1 zone. At the conference a sketch plan and a preliminary site inventory shall also be presented.

(b)   Filing. To formally request Planning Commission action on the map amendment to a PUD-1 zone, the applicant shall submit to the Division of Planning a completed application form, all materials as required herein and a fee as required by the Commission's adopted filing and fee schedule.

(c)   Technical Committee. The Division of Planning and other concerned agencies shall review the submitted materials and meet together as a Technical Committee to discuss the technical aspects of the physical design elements of the proposed development and to delineate and try to resolve any conflicts. The Technical Committee shall make recommendations that shall be utilized in preparation of the staff's recommendation to the Commission's Zoning and Subdivision Committees.

(d)   Staff Recommendation. The Division of Planning shall review all land use and physical design elements of the PUD-1 proposal for compliance with the provisions and intent of this Article, and shall prepare a written report, including recommendations, for consideration by the Commission's Zoning and Subdivision Committees. The staff report shall also be included in information forwarded to the full Commission and Council.

(e)   Subdivision Committee. The Subdivision Committee shall review the recommendations of the staff and shall evaluate the map amendment request to determine its compliance with the requirements of the PUD-1 zone. The Subdivision Committee shall give special consideration to the physical design aspects of the development proposal in making its recommendation to the Commission.

(f)   Zoning Committee. The Zoning Committee shall review the recommendations of the staff and shall evaluate the map amendment request to determine its compliance with the requirements of the PUD-1 zone. The Zoning Committee shall give special consideration to the land use aspects of the application but shall consider all aspects of the development proposal in making its recommendation to the Commission.

(g)   Planning Commission. The Planning Commission shall conduct a public hearing on the zone map amendment following the Commission procedure as set forth in Article 6 and shall vote to recommend approval, conditional approval or disapproval of the proposed map amendment within ninety (90) days of the date of filing unless the applicant agrees to a longer time period. The Commission shall review all submitted material and may recommend approval only if it is found that all materials including the preliminary Planned Unit Development Plan comply with the requirements and the intent of the PUD-1 zone.

(h)   Urban County Council. Upon receiving the written report from the Commission, the Council may adopt the recommendation of the Commission without a public hearing or may elect to hold a new public hearing in conformance with Article 6 of this Zoning Ordinance. In either case, the Council shall review the recommendation of the Commission, the staff and the submitted materials (preliminary Planned Unit Development Plan, inventory, etc.), and shall base its decision to approve or deny the proposed map amendment upon the materials submitted and their compliance with the intent and requirements of the PUD-1 zone. If the Council elects to hold a new public hearing, it may also consider any materials or information submitted at the public hearing in making its decision. If it so desires, the Council may, upon holding a public hearing, declare certain aspects of the preliminary Planned Unit Development Plan as only being permitted to be changed on the final Planned Unit Development Plan, or subsequent amendments, with the approval of the full Council. Such declarations may take the form of specific restrictions or may be parameters within which subsequent plans may deviate from the approved preliminary Planned Unit Development Plan. For all plans where no such declaration is made, or where subsequent plans conform to the declarations or where the Council does not hold a new public hearing on the map amendment, no further action by the Council shall be required.

(i)   Certification of the Preliminary Planned Unit Development Plan. Within six (6) months of the Council's action to approve a PUD-1 zone, unless a time extension has been granted, the following steps shall be completed:

(1)   The applicant shall submit a completed and corrected tracing of the preliminary Planned Unit Development Plan to the Division of Planning. This plan shall include any restrictive notes required by the Commission or agreed to by the applicant at public hearings.

(2)   The preliminary Planned Unit Development Plan shall be certified by the Commission's Secretary if it is in conformance with all requirements.

(j)   Effect of Approval of the Preliminary Planned Unit Development Plan. No construction may commence on any project based upon approval of the preliminary Planned Unit Development Plan. Approval of the preliminary Planned Unit Development Plan authorizes the developer to proceed with preparation of the final Planned Unit Development Plan. No final Planned Unit Development Plan shall be accepted as filed unless and until the preliminary Plan has been certified.

(k)   Final Planned Unit Development Plan. Within two (2) years of the Council's approval of the zone map amendment, a final Planned Unit Development Plan shall be submitted to the Division of Planning. The review procedure for the final Planned Unit Development Plan shall be the same as for the preliminary with the following exceptions:

(1)   The map amendment related filing materials and site inventory shall not be required.

(2)   The approval of the Urban County Council shall not be required.

(l)   Certification of the Final Planned Unit Development Plan. Within six (6) months of the Commission's action, the following steps shall be completed:

(1)   The applicant shall fully comply with all conditions of the Commission and any restrictions agreed to by applicant at the Council's public hearing, and shall submit the completed tracing of the final Planned Unit

(2)   Development Plan to the Division of Planning; the final Planned Unit Development Plan shall be certified by the Commission's Secretary if it is in conformance with the Commission's and Council's requirements. Required copies of the tracing shall be made by the Division of Planning at the applicant's expense.

(3)   If the requirements listed above have not been met within six (6) months, the staff shall notify the Commission and the Council and either may initiate a map amendment to the previous zone or other appropriate zone. The Commission shall have the authority to grant a time extension or to re-approve an expired plan, unless Council reserves authority for approval of the plan, in which case the Council shall have final authority. Either body may require changes in the plan where it finds that time has necessitated such changes for the health, safety or welfare of the community.

(m)   Effect of Approval of the Final Planned Unit Development Plan. Upon certification and recordation of the final Planned Unit Development Plan, the developer shall be authorized to do the following:

(1)   Preparation of Improvement Plans. The approval and certification of the final Planned Unit Development Plan shall have the same effect as approval of a preliminary subdivision plan. The applicant may proceed to prepare improvement plans in conformance with the requirements for preparation and review of such plans contained within the Land Subdivision Regulations.

(2)   Preparation of final subdivision plan. A final subdivision plan shall be required for all Planned Unit Developments. Such plan shall be prepared, reviewed, and recorded in conformance with the requirements for final subdivision plans contained within the Land Subdivision Regulations. Any restrictive covenants, or other restrictive notes required by the Commission or agreed to by the applicant at the Council's public hearing shall be shown or referenced on the final subdivision plan.

(3)   Issuance of Building Permits. Upon certification of the final Planned Unit Development Plan and recording of the final subdivision plan, the Division of Planning shall forward copies to the Division of Building Inspection which may issue permits in accord with the approved final Planned Unit Development Plan and the final subdivision plan. The plans shall limit and control the issuance of all building and occupancy permits and restrict the construction, location and use of all land and structures to the conditions set forth in the plans.

(n)   Amendments to Final Planned Unit Development Plans. Amendments to final Planned Unit Development Plans shall require the same information and shall be reviewed and processed in accordance with the requirements and design standards contained herein for the original plan submission, except that amendments which meet the definitions of minor amendments under Section 21-7 of this Zoning Ordinance may be approved by the Division of Planning in accordance with the procedures contained within Section 21-7.

(a)   Dwelling Unit Density. The overall gross dwelling unit density within the Planned Unit Development shall not exceed the recommendations contained within the adopted Comprehensive Plan.

(b)   Minimum Lot Size. Except for the minimum total area requirement of three (3) acres under Section 22A-2, there shall be no minimum or maximum lot size dictated within this Article for the PUD-1 zone. However, the required development plans shall indicate lot sizes; and through the review and approval process, restrictions for minimum, and where appropriate, maximum lot sizes for the entire Planned Unit Development, or defined areas within it, shall be established.

(c)   Perimeter Yard Requirements. A minimum height-to-yard ratio of 1:1 for principal and accessory structures shall be required along the outside perimeter boundary of the Planned Unit Development.

(d)   All Other Yards. There shall be no minimum setbacks or other yard requirements dictated within this Article for the PUD-1 zone other than those required through the Building and Fire Codes and a minimum required front yard of ten (10) feet along any continuous public collector street. However, the required development plans shall indicate proposed yard requirements, and through the review and approval process, restrictions on yards for the entire Planned Unit Development or defined areas within it shall be established.

(e)   Usable Open Space. Within a Planned Unit Development, not less than thirty percent (30%) of the gross land area shall be restricted to usable open space.

(f)   Building Coverage. The maximum building coverage shall not exceed thirty percent (30%) of the gross land area of the Planned Unit Development.

(g)   Floor Area Ratio. The maximum floor area ratio shall not exceed 1:1, based upon the gross land area of the Planned Unit Development.

(h)   Off-Street Parking. Off-Street parking shall be provided as follows:

(1)   Single-family, two-family and townhouse dwellings: One (1) space per dwelling unit.

(2)   Multifamily dwellings: One and one-half (1½) spaces per dwelling.

(3)   Nursery schools, day nurseries and childcare centers: Three spaces for the first twelve (12) children plus one (1) space for every ten (10) (or fraction thereof) additional children.

(4)   One (1) space for every five (5) seats in the main auditorium.

(5)   Places of Religious Assembly. One (1) space for every five (5) seats in the main auditorium.

(6)   Nursing homes and personal care facilities: One (1) space for every four (4) beds plus one (1) space for each employee on the maximum working shift with a minimum of five (5) spaces.

(i)   Design and Improvement Standards. All standards contained within Article 6 of the Land Subdivision Regulations shall be applicable to any Planned Unit Development. The standards for street width, curb, gutter and sidewalks (but not the paving specifications) may be waived or modified for local streets where it is found that the Planned Unit Development provides innovative design alternatives in keeping with the intent of the PUD zones and the intent of the PUD-1 zone and still achieves the basic objectives of the Land Subdivision Regulations.

(j)   Relationship to the Site Inventory. The design of the Planned Unit Development shall respond to the natural and manmade features of the site. The design shall not necessitate excessive grading, filling, the destruction or other alteration of the natural features. Where possible, the streets should follow the natural terrain. The design shall provide adequately for any historic feature on the site as well as any existing structure which is to be retained. The applicant shall use the flexibility of the PUD-1 zone to preserve such desirable natural and manmade features to the greatest feasible extent.

(k)   Relationship to the Traffic Needs of the Area. The Planned Unit Development shall provide a road system which will be adequate to serve both the residents of the PUD-1 zone and the surrounding residents. The design shall provide for the continuation of existing or dedicated streets on adjoining or nearby tracts and provide for connection to adjoining unsubdivided tracts, especially those which would otherwise be landlocked. Collector streets as designated in the Comprehensive Plan shall be extended as shown therein.

(l)   Relationship to the Surrounding Land Uses. The Planned Unit Development Zone shall have a harmonious relationship to the surrounding land uses. Certain uses may be limited to specified locations within the PUD-1 zone or other restrictions or requirements may be made as necessary.

(m)   Adequacy of Light, Air and Open Space. The design of the Planned Unit Development shall provide for adequate light to each dwelling unit during all seasons of the year. The Commission may require a winter shadow plan to be submitted prior to making a recommendation or decision on the PUD-1 zone. Usable open space shall be distributed throughout the site so that open space is readily available to each unit. The dwelling units shall be arranged in relationship to each other and the terrain so that adequate ventilation is provided to each unit.

(n)   Applicability of Other Zoning Ordinance and Subdivision Regulation Articles. Except as specifically modified herein, all other provisions of this Zoning Ordinance and Subdivision Regulations generally applicable to development in the Lexington-Fayette Urban County shall be applicable within the PUD-1 zone.

(o)   Maintenance of Common Areas. Where the design of the Planned Unit Development indicates a need or desire to subdivide property and to provide for common areas, a Homeowners' Association, or other mechanism for the provision of maintenance, improvement, and operations for all common areas including streets, parking areas, open space, etc., shall be required to be established by the applicant. The applicant's responsibility to create such a mechanism shall be noted on the development plan of the Planned Unit Development. A requirement that each property owner be individually responsible for maintenance of the common space abutting the lot shall not be considered as acceptable for fulfilling the requirements of this section.

(p)   Innovative Design. The Planned Unit Development shall utilize a design or arrangement of unit types which would not be customary using traditional techniques. While some units or buildings may be arranged in a traditional manner, the overall design should reflect the intent of the PUD zones as well as comply with all requirements and the intent of the PUD-1 zone.

1.   Live/Work Space means a dwelling unit that is also used for nonresidential uses permitted herein such as, but not limited to, the production, showing and sale of art; both visual and performing arts; office uses and related uses.

2.   Artist Studio means a studio working in all art forms, including, but not limited to, painters; sculptors; authors; screenwriters; playwrights; filmmakers; dancers; potters; weavers; jewelers; exhibitors; printers; costumers; musicians and photographers.

3.   Artisan Food and Beverage Production means on-site production of food and beverage products, involving small batch processing. Typical uses include, but are not limited to, coffee roasting; ice cream; baker, candy and other foodstuffs; and alcoholic beverage manufacturing. This may include on-site sales and consumption.

4.   Artisan Manufacturing means on-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment. Typical uses include, but are not limited to, wood working; ceramic studios; jewelry manufacturing; and uses that have no negative external impacts on surrounding properties. Welding is also permitted.

5.   Digital Makerspace means a facility for digital design and fabrication utilizing hardware and software tools.

6.   Urban Agriculture means the production and distribution, including on-site sales, in an urban neighborhood of agricultural or horticultural crops, including, but not limited to, poultry; poultry products; grain; hay; pastures; soybeans; timber; orchard fruits; vegetables; flowers or ornamental plants. This use does not include livestock or livestock products.

7.   Visiting Artist Housing means a dwelling unit or living quarters made available for visiting artists that may be rented or occupied for less than one (1) week at a time. A maximum of one (1) such housing unit shall be permitted per lot.

(a)   Location. The property must be entirely or substantially located within an area between North Limestone Street (to the west), Maple Street (to the east), the R.J. Corman Rail Line (to the north) and West Seventh Street (to the south).

(a)   Principal Permitted Uses.

1.   Live/work space.

2.   Dwelling units.

3.   Artist studios.

4.   Artisan food and beverage production.

5.   Artisan manufacturing.

6.   Digital makerspace.

7.   Urban agriculture.

8.   Visiting artist housing.

9.   Libraries, museums, art galleries and reading rooms.

10.   Community centers.

11.   Places of religious assembly.

12.   Indoor theaters.

13.   Tattoo parlors.

14.   Shoe repair, clothing alterations and tailoring services.

15.   Beauty shops and barber shops.

16.   Radio and television studios.

17.   Banks and financial institutions, without drive-through facilities.

18.   Offices for business, professional, governmental, civic, social, fraternal, political, religious and charitable organizations.

19.   Establishments for the retail sale of food products.

20.   Establishments for the retail sale of merchandise as permitted in the B-1 zone, unless prohibited by Subsection (d) of this section.

21.   Common use open space and recreational areas.

(b)   Accessory Uses. The following uses are permitted when incidental and subordinate to principal permitted uses:

1.   Private garages, off-street parking areas and storage sheds, only if accessory to a principally permitted use which does not contain a principal structure; such as, but not limited to, an Urban Agriculture use.

2.   Swimming pools, tennis courts, clubhouses and other private or common use open space and recreational areas.

3.   Private, non-commercial parks and open space.

4.   A ground-mounted satellite dish antenna, as regulated by Section 15-8.

5.   Family childcare for up to six (6) children, provided that the total number of children living or being cared for on the property shall not exceed six.

6.   One (1) or two (2) pool or billiard tables within an establishment.

7.   Sale of finished products related or incidental to the principal use.

8.   Accessory dwelling units.

9.   Temporary structures designed for use or occupancy for up to sixty (60) 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.

10.   Sidewalk cafes, when accessory to any permitted restaurant.

(c)   Conditional Uses. Permitted only with Board of Adjustment approval:

1.   Parking areas.

2.   Family childcare for seven (7) and not more than twelve (12) children. A fenced outdoor play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

3.   Restaurants and brew-pubs, except as prohibited under Section 8-16(e)(14) and (15). This does not include drive-in restaurants.

4.   The sale of malt beverages, wine or alcoholic beverages, when accessory to a restaurant permitted herein.

5.   Indoor or outdoor live entertainment and/or dancing, when accessory to a restaurant or brew-pub. Indoor uses shall be sound-proofed to the maximum extent feasible by using existing technology, with noise or other emissions not creating a nuisance to the surrounding neighborhood. The Board may also impose time and other restrictions to minimize nuisance to the surrounding neighborhood.

6.   Cocktail lounges or nightclubs unless prohibited under Section 8-16(e)(14) and (15).

7.   Temporary structures designed for use or occupancy for sixty-one (61) to one hundred eighty (180) days per twelve (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.

8.   Retail sales not otherwise permitted herein.

9.   Private clubs or banquet facilities.

10.   Kindergartens, nursery schools, day nurseries and childcare centers for four (4) or more children. For any lot or property which will also be used for residential purposes, no more than twelve (12) children shall be permitted. All kindergartens, nursery schools, day nurseries and childcare centers shall provide a fenced outdoor play area, which shall contain not less than twenty-five (25) square feet per child.

(d)   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.   Drive-through facilities.

2.   Beer, liquor and wine stores.

3.   General contractors, such as plumbing; heating; carpentry and cabinet shops; masonry; plastering; electrical; tile and terrazzo work; electroplating; drilling; excavating; wrecking; construction and paving. This is not intended to prohibit the administrative offices of such.

(a)   Off-Street Parking. No off-street parking shall be required except for where the Planning Commission or Board of Adjustment may establish off-street parking requirements, as needed.

(b)   Variances. Requests for variances to the dimensional requirements of Article 22B will only be considered for the standards established above in Column B.

(a)   Authorization to Prepare Required Materials. In order to ensure that the Planned Unit Development Plan has been prepared in a professional manner using a multi-discipline approach, it shall be certified by an architect registered to practice in the State of Kentucky and one (1) or more of the following professionals:

(1)   An urban planner who is a full member of AICP.

(2)   A landscape architect licensed to practice in the State of Kentucky.

(3)   A civil engineer registered to practice in the State of Kentucky.

(b)   Map Amendment Request. Any map amendment request to a PUD-2 zone shall be filed in such form and such materials as required by Article 6 of this Zoning Ordinance and the by-laws of the Planning Commission. In addition, a site inventory and analysis shall be included with the application as the minimum requirements for filing.

(1)   Site Inventory. The inventory shall include text and map information indicating existing vegetative cover, including tree stands and the general type and size of trees; any existing utilities on site; the location and use of any existing structures on the site; identification and location of any historic structures or other natural or manmade features of historic interest; any existing easements; and any other significant site features. When a Planned Unit Development Plan is required, the inventory shall also include soil types and their locations and development limitations; and existing drainage features, including watercourses, natural swales, ponds, floodplains, etc.

(2)   Site Analysis and Recommendations. Based on the site inventory information, a Site Analysis, including recommendations, shall be provided. The Site Analysis may recommend public infrastructure improvements, uses, scale and context, in keeping with the stated intent of the PUD-2 zone.

(c)   Plan and Permit Process. Shall be as follows:

(1)   Issuance of a Zoning Compliance Permit. When a property meets all of the requirements of the table in Section 22B-6, Column A, the Division of Planning is authorized to issue a Zoning Compliance permit without a Planned Unit Development Plan.

(2)   Planned Unit Development Plan. A Planned Unit Development Plan shall be required when a property does not meet the requirements of Subsection (c)(1) of this section. When a Planned Unit Development Plan is required, the requirements of the table in Section 22B-6, Column B, shall apply. The content and review process for the Plan shall follow Article 21. Zoning Compliance and other applicable permits may be issued once certification of the Planned Unit Development Plan is complete.

(3)   Relationship to the Site Inventory. The design of the Planned Unit Development shall respond to the natural and manmade features of the site. The design shall not necessitate excessive grading, filling, or the destruction or other alteration of the natural features. Where possible, the streets should follow the natural terrain. The design shall provide adequately for any historic feature on the site, as well as any existing structure which is to be retained. The applicant shall use the flexibility of the PUD-2 zone to preserve such desirable natural and manmade features to the greatest feasible extent.

1.   Implement the Goals and Objectives of the 2018 Comprehensive Plan.

2.   Promote the innovative reuse and redevelopment of underutilized sites in Lexington-Fayette County, which is consistent with the Goals and Objectives of the 2018 Comprehensive Plan.

1.   Identify areas of opportunity for infill, redevelopment, adaptive reuse, and mixed-use development (Theme A, Goal 2, Objective a);

2.   Enable existing and new neighborhoods to flourish through improved regulation, expanded opportunities for neighborhood character preservation, and public commitment to expand options for mixed-use and mixed-type housing throughout Lexington-Fayette County (Theme A, Goal 2, Objective a);

3.   Strengthen efforts to develop a variety of job opportunities that lead to prosperity for all (Theme C, Goal 1, Objective a);

4.   Encourage development that promotes and enhances tourism (Theme C, Goal 1, Objective d); and

5.   Provide entertainment and other quality of life opportunities that attract young and culturally diverse professionals, and a work force of all ages and talents to Lexington (Theme C, Goal 2, Objective d).

1.   Location. The parcel shall meet all of the following criteria:

a.   The parcel is located within the Urban Service Area;

b.   The parcel has direct access to a major arterial roadway or a corridor (as that term is used in the Comprehensive Plan);

c.   The parcel contains at least ten (10) acres; and

d.   The parcel is currently zoned for primarily business or industrial use.

2.   Other Locations. A parcel which does not meet all criteria under Section 22C-4(1) above may nevertheless be rezoned to PUD-3 if it meets all of the following criteria:

a.   The parcel is adjacent to an existing PUD-3 zoned parcel or is adjacent to a parcel for which PUD-3 zoning is being simultaneously sought;

b.   Connectivity between the parcel and the adjacent PUD-3 parcel is included in the Planned Unit Development Plan;

c.   The parcel is to be incorporated into the existing PUD-3 development; and

d.   If the parcel is split-zoned, at least a portion of the parcel is within a business or industrial zone.

(a)   Principal Permitted Uses. Other uses substantially similar to those listed herein shall also be deemed permitted.

1.   The principal permitted uses in the I-1 zone except as expressly prohibited in this Article.

2.   Artisan food and beverage production (as defined in the PUD-2 zone).

3.   Artisan manufacturing (as defined in the PUD-2 zone).

4.   Dwelling units of any kind except as prohibited.

5.   Schools; libraries; museums; art galleries; studios for work or teaching of fine arts, metal work, photography, dance, drama or theater; and theaters, including movie theaters and other indoor amusements, including without limitation live entertainment and event facilities, billiard or pool halls, bowling alleys, dance halls, skating rinks, arcades, pinball, miniature golf, and similar activities.

6.   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.

7.   Community centers, places of religious assembly and private clubs.

8.   Restaurants, with or without outdoor seating and with or without live entertainment.

9.   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 other goods.

10.   Pharmacies.

11.   Banquet facilities or private clubs with or without live entertainment, brewpubs, bars, cocktail lounges and nightclubs.

12.   Offices, banks, and clinics, including medical and dental offices, clinics, and laboratories.

13.   Beauty shops, barbershops, shoe repair, dressmaking, or tailoring.

14.   Hotels, inns, and bed-and-breakfasts.

15.   Health clubs, athletic clubs, and spas.

16.   Retail sales of plant, nursery or greenhouse products or agricultural products, produce or goods, including market gardens.

17.   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.

18.   Parks, open space, greenspace, and recreational areas.

19.   Radio, television, and similar media studios.

20.   Special events space (including social and business purposes), meeting rooms, and conference rooms.

21.   Animal grooming facilities.

22.   Offices of veterinarians, animal hospitals or clinics, provided that:

a.   All exterior walls are completely soundproofed;

b.   Animal pens are located completely within the principal building; and

c.   Boarding is limited to only animals receiving medical treatment.

(b)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to the principal uses.)

1.   Parking areas and structures; loading facilities.

2.   Swimming pools, tennis courts, hiking and bicycling trails, botanical gardens, and other similar recreational uses.

3.   Drive-through facilities.

(c)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Tattoo parlors.

2.   Establishments and lots for the display, rental, sale, and repair of farm equipment; contractor equipment; automobiles, trucks; recreational vehicles, such as mini-bikes, motorcycles, bicycles; boats or supplies for such items.

(d)   Prohibited Uses. The uses below are prohibited.

1.   Mobile homes,

2.   All adult uses, as listed in Sections 8-16(e)(14 through 17).

3.   Commercial wood lots.

4.   Columbariums and crematories.

5.   Establishments for the display or sale of trailers, mobile homes, and precut, prefabricated, modular, or shell homes.

6.   Mining.

(a)   Design and Construction. There shall be consistency of complementary, durable materials that reflect the context of the property and the intent of this PUD-3 zone. The applicant shall file with its application an architectural packet identifying the proposed styles, materials, and finishes of any proposed structures which shall be considered by the Planning Commission in determining whether to approve the Planned Unit Development Plan.

(b)   Other Design Considerations. The following design considerations should be implemented where feasible:

1.   Structures should be oriented toward the primary internal streets, roads, or access ways.

2.   Parking and loading/unloading areas should be oriented to the side or rear of buildings where feasible, or shall be screened or landscaped if in front of the building.

3.   Pedestrian walkways should be provided for each structure.

4.   Site sustainability factors should be considered, including (i) stormwater management, (ii) preservation and enhancement of tree canopy and native plants, (iii) protection of streams, (iv) facilitation of rideshare, multimodal transportation, pedestrian, and bicycle traffic, (v) walkability, and (vi) green infrastructure.

5.   Building sustainability factors should be considered, including (i) green building practices, (ii) eco-friendly energy systems, (iii) enhanced permeable surfaces, and (iv) durable building materials.

(a)   Authorization to Prepare Required Materials. In order to ensure that the Planned Unit Development Plan has been prepared in a professional manner using a multidiscipline approach, it shall be certified by an architect registered to practice in the State of Kentucky and one (1) or more of the following professionals;

1.   An urban planner who is a full member of AICP.

2.   An architect or landscape architect licensed to practice in the State of Kentucky.

3.   A civil engineer registered to practice in the State of Kentucky.

(b)   Plan and Permit Process. Any map amendment request to a PUD-3 zone shall be filed in such form and such materials as required by Article 6 of this Zoning Ordinance and the by-laws of the Planning Commission; however, the Planned Unit Development Plan shall be submitted as required by this Article. It is the intent of the PUD-3 zone that Planned Unit Development Plans shall be approved by the Planning Commission, while zone map amendment requests to a PUD-3 zone shall receive zoning approval from the Urban County Council. The applicant may request recommendations from the Division of Planning at any point in the review process and make changes so that the revisions can be submitted to the remaining review groups. Subdivision plans and plats shall only be required if a subdivision of the parcel is proposed. If a subdivision plan is required, it may be submitted together with a Planned Unit Development Plan.

1.   Pre-Application Conference. A pre-application conference as set forth in Article 6 shall be required prior to the submission of a map amendment request to a PUD-3 zone. At the conference a sketch or concept plan and a preliminary site inventory shall also be presented.

2.   Filing. To formally request Planning Commission action on the map amendment to a PUD-3 zone, the applicant shall submit to the Division of Planning a completed application form, all materials as required herein and a fee as required by the Commission's adopted filing and fee schedule. The Planned Unit Development Plan submitted shall conform to the informational requirements of a final development plan under Article 21.

3.   Technical Committee. The Division of Planning and other concerned agencies shall review the submitted materials and meet together as a Technical Committee to discuss the technical aspects of the physical design elements of the proposed development and to delineate and try to resolve any conflicts. The Technical Committee shall make recommendations that shall be utilized in preparation of the staffs recommendation to the Commission's Zoning and Subdivision Committees.

4.   Staff Recommendation. The Division of Planning shall review all land use and physical design elements of the PUD-3 proposal for compliance with the provisions and intent of this Article, and shall prepare a written report, including recommendations, for consideration by the Commission's Zoning and Subdivision Committees. The staff report shall also be included in information forwarded to the full Commission and Council.

5.   Subdivision Committee. The Subdivision Committee shall review the recommendations of the staff and shall evaluate the Planned Unit Development Plan to determine its compliance with the requirements of this Article. The Subdivision Committee shall give special consideration to the physical design aspects of the development proposal in making its recommendation to the Commission.

6.   Zoning Committee, The Zoning Committee shall review the recommendations of the staff and shall evaluate the map amendment request to determine its compliance with the requirements of this Article. The Zoning Committee shall give special consideration to the land use aspects of the application but shall consider all aspects of the development proposal in making its recommendation to the Commission.

7.   Planning Commission. The Planning Commission shall conduct a public hearing on the zone map amendment and Planned Unit Development Plan following the Commission procedure as set forth in Article 6 and shall vote to recommend approval, conditional approval, or disapproval of the proposed map amendment and Planned Unit Development Plan within ninety (90) days of the date of filing unless the applicant agrees to a longer time period. The Commission shall review all submitted material and shall recommend approval if it is found that all materials including the Planned Unit Development Plan substantially comply with the requirements and the intent of this Article.

8.   Urban County Council. Action on the proposed zone map amendment by the Urban County Council shall be as set forth in Section 6-6 of the Zoning Ordinance.

9.   Certification of the Planned Unit Development Plan. Within six (6) months of the Council's action to approve a PUD-3 zone, unless a time extension has been granted, the following steps shall be completed:

a.   The applicant shall submit a completed and corrected tracing of the Planned Unit Development Plan to the Division of Planning. This plan shall include any restrictive notes required by the Commission or agreed to by the applicant at public hearings.

b.   The Planned Unit Development Plan shall be certified by the Commission's Secretary if it is in conformance with all requirements.

c.   Required copies of the tracing shall be made by the Division of Planning at the applicant's expense. If the requirements listed above have not been met within six (6) months, the staff shall notify the Commission, which may initiate a map amendment to the previous zone or other appropriate zone. The Commission shall have authority to grant a time extension or to re-approve an expired plan. The Commission may require changes in the Planned Unit Development Plan where it is found that time has necessitated such changes for the health, safety or welfare of the community.

10.   Effect of Approval of the Planned Unit Development Plan. Upon certification of the Planned Unit Development Plan, the applicant shall be authorized to do the following:

a.   Preparation of Improvement Plans. The applicant may proceed to prepare improvement plans in conformance with the requirements for preparation and review of such plans contained within the Land Subdivision Regulations.

b.   Preparation of Final Subdivision Plan. A final subdivision plat shall be required for all Planned Unit Development Plans which propose a subdivision of the parcel. Such plat shall be prepared, reviewed, and recorded in conformance with the requirements for final subdivision plats contained within the Land Subdivision Regulations in accordance with the intent and requirements of this Article. Such subdivision plat may be submitted together with a Planned Unit Development Plan or prepared separately after certification of the Planned Unit Development Plan

c.   Issuance of Building Permits. Upon certification of the Planned Unit Development Plan and recording of the final subdivision plat (if required), the Division of Planning shall forward copies to the Division of Building Inspection which may issue permits in accord with the approved Planned Unit Development Plan and the final subdivision plat. The plans shall limit and control the issuance of all building and occupancy permits and restrict the construction, location and use of all land and structures to the conditions set forth in the plans.

11.   Amendments to Planned Unit Development Plans. Amendments to Planned Unit Development Plans shall require the same information and shall be reviewed and processed in accordance with the requirements and design standards contained herein for the original plan submission, except that amendments which meet the definitions of minor amendments under Section 21-7(a)(1), (2) of this Zoning Ordinance may be approved by the Division of Planning in accordance with the procedures contained within Section 21-7.

12.   Sign Submittal. Any plan or permit which proposes construction of a new sign shall require as part of the application submittal of the proposed signage. The sign submittal shall set forth the size, location, material, and other dimensions and characteristics, which shall comply with Section 22C-7 below. Nothing in this section shall require approval to utilize, update, maintain, and repair existing signs.

1.   Signs shall be regulated as in the Mixed-Use Community (MU-3) zone.

2.   Existing signs may remain so long as they are maintained in good condition and are not expanded. Existing signs may be repainted (including logos, names, and similar marks) and indirectly illuminated.