(a)   Applicability. Except as specifically modified by the provisions of this Article, all other provisions of this Zoning Ordinance shall be applicable to the Expansion Areas.

(b)   Existing Agricultural Uses Not Non-conforming Uses. Agricultural uses of land or agricultural uses of buildings or structures which were lawful prior to the adoption of the Expansion Areas Zoning Categories and Restrictions and which would be otherwise prohibited, regulated, or restricted by the provisions of this Article, shall for the purposes of this Article be deemed permitted uses in the zone or district in which they are located and shall not be deemed non-conforming.

(c)   Existing Lots and Existing Residential Uses. Notwithstanding any provision of this Article, any lot which was in existence at the time of the adoption of these Expansion Areas Zoning Categories and Restrictions may be used for one (1) single-family house and permitted accessory uses with lot, yard and height as in the Agricultural Rural (A-R) Zone as a principal or accessory use, as appropriate.

(d)   Zoning Categories Permitted. The only zoning categories to be permitted within the Expansion Areas shall be those expressly created in Appendix 23A. The only exception to this requirement shall be that the Lexington-Fayette Urban County Government, in conjunction with a government sponsored comprehensive rezoning of the Expansion Area, may opt for developed land to keep the zoning in existence at the time of adoption of this Article in place if it finds such action to be in the best interest of furthering the goals of the Expansion Area Master Plan. Likewise, the zoning categories created herein shall only be utilized within the Expansion Areas, and shall not be permitted within other areas of Fayette County, except in conformance with any future amendments to the Comprehensive Plan.

(a)   In case of any difference of meaning or implication between the text of this Article and any caption, illustration, summary table, or illustrative table, the text shall control.

(b)   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or":

(1)   "And" indicates that all the connected terms, conditions, provisions or events shall apply;

(2)   "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination;

(3)   "Either ... or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(c)   The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(d)   All terms used herein shall have the same meaning as in the Lexington-Fayette Urban County Comprehensive Plan, the other provisions of the Lexington-Fayette Urban County Zoning Ordinance, and the Lexington-Fayette Urban County Land Subdivision Regulations unless otherwise indicated. The following words and phrases are defined for the purposes of this Article (and when used in the Article shall have the defined meaning regardless of whether the term is capitalized in the text):

(1)   The property owner owns or has an option to purchase DTR; and

(2)   That the DTR have not previously been used on the parcel of land from which the rights have been transferred or on any other parcel of land. For the purposes of this section, an option to acquire a DTR which is specifically enforceable shall constitute ownership. An Affidavit of DTR shall be in conformance with a form provided by the Division of Planning.

(a)   Special Rural Road Access Requirements. In order to protect the unique character of rural roads within the Expansion Areas, no new street or new driveway access shall be permitted to the following roads: DeLong Road in Expansion Area 1 and 2C; northwest side of Walnut Grove Lane in Expansion Area 2A and Deer Haven Lane in Expansion Area 2B; and the southeast side of Chilesburg Road in Expansion Area 2C.

(b)   Fences. No more than fifty (50) feet of fence which is not a transparent fence or a stone fence shall be located in a single horizontal plane.

(c)   Environmentally Sensitive Land. Except as provided under Subsections (d), (g), and (u) of this section, below, any environmentally sensitive areas or geologic hazard areas shall be regulated in accordance with the provisions of Section 6-11 of the Land Subdivision Regulations as applicable.

(d)   Steep Slope Areas. No building or structure shall be located on any land with a slope which is greater than thirty percent (30%). For areas with slopes between fifteen percent (15%) and thirty percent (30%), the provisions of Section 6-11 of the Land Subdivision Regulations shall be applicable.

(e)   Rural Service Area Setback. No building or structure other than transparent fences and stone fences shall be located within one hundred (100) of the Rural Service Area Boundary.

(f)   Rural Service Area Agricultural Use Buffer Yard. All development shall provide a buffer yard along any boundary of a parcel proposed for development adjacent to land which adjoins the Urban/Rural Service Area Boundary, which is used for agricultural uses and which is not located across an arterial street, which shall be:

1.   Fifty (50) feet in width with two (2) parallel fences of not less than six (6) feet in height located along the outermost and innermost boundaries of the buffer yard with barbed wire not less than six (6) feet above-ground level or landscaping material along each fence which will prevent persons from climbing onto or over the fence; or

2.   One hundred (100) feet in width with a fence of not less than six (6) feet in height located at the innermost boundary of the buffer yard with barbed wire not less than six (6) feet above-ground level or landscaping material which will prevent persons from climbing onto or over the fence; or

3.   Three hundred (300) feet in width with a fence of not less than four (4) feet in height located along the innermost boundary of the buffer yard with landscaping material which will prevent persons from climbing onto or over the fence; or

4.   A buffer yard width as agreed to in the form of a legally recorded covenant by the owner of the land used for agricultural purposes which provides comparable protection to the agricultural use.

(g)   Greenways. All greenways shall be either dedicated to public use or encumbered by a conservation or stormwater management easement, and shall be provided with sufficient points of access as necessary to achieve the intent of the Expansion Area Master Plan. No building, structure, or other development shall be permitted in a greenway except for pedestrian and/or bicycle pathways, or structures necessary for stormwater management. The greenway shall be at least one hundred (100) feet on each side of the centerline of the stream, or fifty (50) feet in width measured from the edge of the stream banks.

(h)   Pedestrian Accessways. All properties shall have access to a pedestrian accessway, and development plans shall provide for connections between residential uses, nonresidential uses, greenways, and other pedestrian accessways. The development of any parcel of land which abuts a land in a CC zone shall provide a pedestrian accessway directly to the Community Center.

(i)   Front Yard Driveways. Any driveway within a front yard of a residential dwelling:

1.   On any detached dwelling unit, where no enclosed garage is provided, the driveway must extend beyond the front wall of the residence into the side or rear yard for a distance of at least twenty (20) feet. For attached housing, the developer and the Commission are encouraged to find alternative parking schemes within street rights-of-way as an alternative to front yard parking.

2.   Where the dwelling is set back from the right-of-way less than twenty-five (25) feet, the driveway may not access a garage which fronts the street, but may extend to a side or rear facing garage, or a front facing garage located more than twenty-five (25) feet from the right-of-way.

3.   Where the residence is set back twenty-five (25) feet or greater, the driveway may access a front facing garage located no closer than twenty-five (25) feet from the right-of-way.

4.   In any case, the width of a front yard driveway shall not exceed fifty percent (50%) of the width of any lot at the building line as established on the final development plan or final subdivision plan, as appropriate.

(j)   Building and Fence Relationship to Yard Abutting Major Street. No residential dwelling shall be developed so that the rear of the structure abuts an arterial or collector street unless the dwelling is located not less than two hundred (200) feet from the arterial or collector street. Walls or fences other than transparent fences and stone fences shall only be permitted along the rear of any property abutting an arterial or collector street right-of-way where such are shown on the approved development plan. The Commission shall only approve such walls or fences where they are designed and planned as a part of the overall project, do not create any areas where proper maintenance would be impaired, and would not have the effect of impairing the view of open space areas.

(k)   Accessory Structures Prohibited in Front Yards. Notwithstanding any other provision of this Article, no accessory structure may be located within any yard area directly between a principal structure and any street except an alley.

(l)   General Lot, Yard, and Height Requirements. Shall be as follows:

1.   There shall be no minimum lot sizes in any Expansion Area Zone (CD, EAR 1-3, TA, ED, or CC). However, the developer shall establish restrictions for minimum and, where appropriate, maximum lot sizes on the final development plan or the final subdivision plan, as appropriate.

2.   With the exception of the setback/yard required to achieve the requirements of the Rural Scenic Roads provisions, Scenic Resource Areas, and Special Design Areas, or other expressly stated yards as established elsewhere in this Article, there shall be no minimum setback or other yard requirements other than those required through the Building Code and the Fire Code. However, the developer shall establish restrictions on yards on the final development plan.

(m)   Density Clustering and Transfers. Shall be permitted as follows:

1.   Density may be clustered on lands which are part of a single development plan under the same ownership and within the same zone and the same Expansion Area so that the average density of the site does not exceed the maximum for the zoning category.

2.   Density Transfer Rights may be transferred from any land which is designated as a Special Design Area, a Scenic Resource Area, a greenway or any land which contains environmentally sensitive land when the density allocated to that land by the underlying zoning district cannot be developed on site. Such density rights may be transferred to any parcel of land within the same Expansion Area which is designated as EAR-2, EAR-3, CC or TA and used in accordance with the density limitations of those districts.

a)   Transfers of Fractions of DTR Prohibited. The transfer of less than one DTR or any other fraction of a unit shall not be permitted.

b)   Use of Sender Site after Transfer. Once DTR have been severed from a Sender Site, the future use of the Sender Site shall be limited to the extent of the transfer, and a deed restriction in favor of the Lexington-Fayette Urban County Government shall be recorded restricting the use of the Site in accordance with procedures established by the Division of Planning.

c)   Aggregation of DTR Permitted on Single Receiver Site. DTR may be aggregated from different Sender Sites for development on a single Receiver Site.

d)   Receiver Site Must Meet Underlying Zone District Requirements. Development using DTR shall meet each and every requirement of the Zone District.

e)   Density Rights Appurtenant to Land Until Development Plan Approval Obtained. The owner of DTR may transfer such rights at any time to any person; provided, however, that the use, rights and the value thereof shall be deemed for taxation and all other purposes to be appurtenant to the land from which the rights are transferred until a development plan is approved and certified, which authorizes the use of the transferred density.

f)   Procedures. The use of DTR shall be carried out as follows:

1)   Application for Certificate of DTR and Approval of a Transfer. Prior to filing an application for development plan approval using DTR, the owner of a DTR shall obtain a Certificate of DTR from the Lexington-Fayette Urban County Government. In order to obtain a Certificate of DTR, the owner shall prepare an Affidavit of DTR and intent to transfer the DTR to a specific Receiver Site. Along with the Affidavit of DTR, the owner of a DTR shall attach a copy of the executed but unrecorded deed conveying the DTR and a copy of the executed but unrecorded deed restriction for the Sender Site. The affidavit shall be filed with the Division of Planning at least thirty (30) days prior to any application for development plan approval. The Division of Planning shall review the application and issue the Certificate of DTR if they determine that adequate documentation of ownership has been submitted and that the deed documents are recordable.

2)   Application for Development Plan Approval. An application for development plan approval utilizing DTR shall include the Certificate of DTR and shall demonstrate that the proposed development plan complies with the regulations applicable to the Receiver Site. The deeds of conveyance and restriction shall be recorded prior to certification of approval of the development plan.

3)   Where a developer dedicates land to a public entity, at no cost, for a purpose not expressly provided for through an exaction, and the public entity accepts such dedication, the developer may transfer the density allocated by the underlying zoning category of that parcel to any parcel of land within the same Expansion Area which is designated as EAR-2, EAR-3, CC or TA.

(n)   Accessory Dwelling Units. Density, which might otherwise be implied by provisions which permit an Accessory Dwelling Unit, shall not be transferred to any other area or parcel of land.

(o)   Fencing Along Agricultural Land. Fencing shall be provided along the boundary of any development that adjoins land being used for agricultural purposes and which is recommended for Core Agricultural and Rural Land in the Comprehensive Plan. Such fencing shall be required to be a single standard gauge diamond mesh wire fence, of durable construction, not less than seventy-two (72) inches high set on nine-foot posts with a required six-inch top board, unless the owner of the agricultural parcel agrees to an exemption, or to comparable protection, in the form of a legally recorded covenant.

(p)   Satellite Dish Antennas. Shall be permitted in all zones subject to the provisions of Section 15-7.

(q)   Front Yard Landscaping in Residential Zones. At least fifty percent (50%) of the front yard of any residential dwelling in any EAR category shall be landscaped with vegetative material of any type.

(r)   Buffering of Uses. Buffering of uses shall be as follows:

1.   Except as provided herein, where adjacent housing developments differ by more than three (3) dwelling units per acre, the Planning Commission may require a buffer yard of six (6) feet in width, with one (1) tree for every forty (40) feet of linear boundary from the Group A, B, or C of the Plant List, as referenced by Article 18 of this Zoning Ordinance; plus a minimum four-foot-high hedge, fence, wall or earth mound or combination thereof. In order to encourage a diversity of housing types within a single development, such buffering shall not be required where single-family detached houses are interspersed with or are adjacent to detached single-family houses, duplexes, tri-plexes or four-plexes in a single development.

2.   Any development in an ED or CC zone which directly adjoins any EAR zone shall be required to provide a buffer yard of six (6) feet in width, with one (1) tree for every thirty (30) feet of linear boundary from the Group A, B, or C of the Plant List, as referenced by Article 18 of this Zoning Ordinance; plus a 6-foot high fence, wall or earth mound. The responsibility for such buffer shall be the ED or CC property, although the buffer yard may be shared as provided in Section 18-3(a)(3)(c).

3.   Any residential or nonresidential development in the Expansion Areas which abuts an interstate highway shall meet the requirements of Section 18-3(a)(1)(4) as for a residential zone.

(s)   Scenic Resource Areas. Areas designated as Scenic Resource Areas shall be limited to a maximum on-site density of no more than three (3) dwelling units per five (5) acres. All development shall be clustered so that at least eighty percent (80%) of the portion of the development within the Scenic Resource Area is preserved as common open space or agricultural uses and is sited so as to minimize the visual impact of the development on the adjoining rural road to the greatest extent feasible. Within the Scenic Resource Areas, there shall be no parking areas and no buildings or structures other than driveways, transparent fences and stone fences permitted within two hundred (200) feet of the right-of-way of Delong Road, Winchester Road, Walnut Grove Lane, Deer Haven Lane, Faulkner Avenue and Russell Cave Road. Utilities, drainage and sanitary sewer facilities may be located within this two hundred (200)-foot area only upon the approval of the Planning Commission, who shall approve such facilities only upon a finding that alternative locations are not feasible from an engineering standpoint; would result in undue hardship; or would be detrimental from an environmental standpoint. Further, the Commission shall impose conditions on the design and installation of any facility to ensure that the visual quality of the area is maintained.

(t)   Special Design Areas. All development in a Special Design Area shall be clustered so that at least sixty percent (60%) of the portion of the development within the Special Design Area is preserved as common open space or agricultural uses, and is sited so as to minimize the visual impact of the development on the adjoining rural road to the greatest extent feasible. Within the Special Design Areas, there shall be no parking areas and no buildings or structures other than driveways, transparent fences and stone fences permitted within two hundred (200) feet of the right-of-way of Delong Road, Athens-Boonesboro Road and Chilesburg Road.

(u)   Boundaries of SDAs. The boundaries of SDAs shall be as shown on the adopted Comprehensive Plan, unless it is determined during the development review process by the Planning Commission that the final boundary requires refinement based upon more detailed analysis of the final development features, such as roads; land use; topography; and view sheds. To further refine the boundary, the Planning Commission must find that the final development configuration will better implement the intent of the SDA than when the boundary was first established in the 1996 Comprehensive Plan. In all cases, the Planning Commission shall not reduce the overall land area in the SDA, nor modify the minimum setbacks from roadways established in Subsection (t) of this section, and must adopt findings that the final boundary meets the intent of the Expansion Area Master Plan, and this Article of this Zoning Ordinance.

(v)   Protection of Woodlands. The development of parcels of land which contain mature woodlands, tree stands, and/or significant individual trees which are identified in the Expansion Area Master Plan Natural Resources Map Series and/or Land Capability Study shall be designed and carried out so as to protect and preserve all mature trees to the maximum extent practicable. Individual trees may be removed only as necessary to carry out economically feasible development and/or to achieve the objectives of the Expansion Area Master Plan, provided that the removal of individual trees will not result in the loss of the woodlands or tree stands of which they are a part; and that the design of the development has maximized the preservation of tree stands and significant individual trees. Consideration should be given by the Planning Commission to alternative street cross-sections, street geometrics, and development designs where the developer has established that significant trees will be properly preserved as a result of such alternative designs and/or standards.

(w)   Affordable Housing Units. Units that are designated as Affordable Housing Units shall be restricted by the developer exclusively to affordable housing for a minimum period of fifteen (15) years. Further, such units shall be identified separately in the Certificate of Land Use Restriction filed for the development where the units are located, and such units shall be subject to a deed restriction in favor of the Lexington-Fayette Urban County Government which shall restrict the use of the property and shall establish monitoring procedures to ensure that the units remain affordable during the period. During the affordability period, an affordable housing unit may be sold to a non-low-income household by acquisition of a DTR, which must be assigned to the site, and repayment of any and all development exactions that may have been waived. Such site may be a receiver of a DTR only if the maximum density permitted with DTR would not be exceeded.

(a)   Intent. This zone is intended to provide areas within the Expansion Area for active and passive recreation and to provide neighborhood and community recreational facilities needed to serve the residents of the Expansion Area.

(b)   Principal Uses.

1.   Outdoor commercial and non-commercial recreational facilities such as golf courses, driving ranges, zoological gardens, sportsmen's farms (excluding rifle and other firearm ranges), riding stables, fishing lakes, and outdoor swimming pools, outdoor tennis courts, outdoor skating rinks, baseball fields, soccer fields, polo fields, and the like; and including a structure not exceeding one thousand (1,000) square feet for the administration of the outdoor recreational use.

2.   Ecotourism activities to include hiking, bicycling, equine and zip line trails; tree canopy tours; canoeing and kayaking launch sites; botanical gardens and nature preserves.

(c)   Accessory Uses.

1.   Private garages, storage sheds, and parking lots.

(d)   Conditional Uses.

1.   Sale of food and merchandise directly associated with the recreational activity when accessory to a principal use.

2.   Lighting of outdoor recreational facilities.

3.   Outdoor speakers and public address systems. Such systems shall only be permitted by the Board of Adjustment upon finding that the system would not constitute a public nuisance by creating excessive noise on the property and surrounding properties; and is a necessary adjunct to the proposed use and has been designed to serve only such need. The Board may limit such features as to the location, power, and time of operation of such systems to ensure the protection of surrounding uses and properties.

4.   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.

5.   Ecotourism activities to include primitive camping, fishing and hunting clubs, and seasonal activities.

(e)   Prohibited Uses.

1.   Commercial recreational facilities such as amusement parks, bowling alleys, skating rinks, pool or billiard halls, outdoor theaters, automobile race tracks, athletic club facilities.

2.   Indoor recreational facilities.

3.   Ecotourism activities, except as permitted herein.

(f)   Maximum Height of A Building. Thirty-five (35) feet.

(g)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(a)   Intent. This zone is intended to provide a mixture of low density residential uses which will serve as a transition between the more intensely developed land uses and the Rural Service Area. Development in the EAR-1 zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses.

1.   Single-family, two-family, multifamily, and townhouse dwellings.

2.   Community residences.

3.   Golf courses and common open spaces.

4.   Places of religious assembly when located adjacent to a street that has the functional classification of collector/boulevard or arterial.

5.   Shared parking court, as regulated by Article 16-5(b)(4), where depicted on a certified development plan.

(c)   Accessory Uses.

1.   Private garages and parking areas.

2.   Accessory Dwelling Units, as regulated in Article 3-12.

3.   Swimming pools and tennis courts, which may include a clubhouse, as approved by the Planning Commission on a final development plan, for the use and enjoyment of the surrounding neighborhood, which may also include weight training and exercise rooms, restrooms, meeting rooms, or similar facilities.

4.   Home offices and home occupations.

5.   Family childcare home.

6.   The keeping of not more than two (2) roomers or boarders by a resident family.

7.   Childcare facilities and schools for academic instruction when accessory to a place of religious assembly on the same property.

8.   Non-commercial hiking and bicycling trails.

9.   Hosted Short Term Rentals for 10 or fewer occupants, as regulated in Section 3-13 of the Zoning Ordinance.

(d)   Conditional Uses.

1.   Home-based businesses.

2.   Type II Childcare Center. A fenced outdoor play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

3.   Temporary Real Estate Sales Offices for the sale of lots located only within the subdivision in which the sales office is located, to be removed at the end of two (2) years or when all the lots are sold, whichever comes first.

4.   Clubhouse, with sale of food and merchandise, when accessory to a golf course.

5.   Historic house museums.

6.   Schools for academic instruction, except as permitted herein, but only when located on a lot adjacent to a street that has the functional classification of collector/boulevard or arterial.

7.   Equine trails.

8.   Seasonal activities.

9.   Market gardens.

10.   Un-Hosted Short Term Rentals and Hosted Short Term Rentals for more than 10 occupants, as regulated in Section 3-13 of the Zoning Ordinance.

(e)   Prohibited Uses. All uses not specifically listed as permitted shall be prohibited.

(f)   Dwelling Unit Density. The dwelling unit density within the EAR-1 zone shall not exceed three (3) units per gross acre. (See Special Provisions, below.)

(g)   Maximum Height of Building. Thirty-five (35) feet.

(h)   Floor Area Ratio. None; except where more than one (1) principal residential structure is placed on a lot, the FAR shall not exceed 0.5.

(i)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(j)   Special Provisions.

1.   At least twenty-five percent (25%) of the net developable acreage of any project in the EAR-1 zone shall be open space. Common open space shall be accessible from a public right-of-way or access easement with pedestrian facilities at intervals not to exceed ¼-mile (1,320 feet). Access points shall be a minimum of forty (40) feet wide and contain a minimum five (5) foot wide sidewalk that connects to adjacent pedestrian facilities. Incidental signs indicating the hours of operation and ownership or party responsible for maintenance shall be posted at all access points to the common open space. Signage may also reference the Kentucky Recreational Use Statute (KRS 411.190), which encourages owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

(a)   Intent. The intent of the Expansion Area Residential 2 zone is to provide a mixture of residential uses and housing types, to allow density transfer from areas which should not be developed, and to provide for well-designed neighborhoods. Development in the EAR-2 Zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses.

1.   As for EAR-1.

2.   Schools for academic instruction.

(c)   Accessory Uses. As for EAR-1.

(d)   Conditional Uses.

1.   As for EAR-1.

2.   Boardinghouses, rehabilitation homes, nursing homes, personal care facilities, and assisted living facilities. As a prerequisite requirement, sites for such uses must front on a street with a functional classification of collector or arterial.

3.   Existing radio, telephone or television transmitting or relay facilities as of May 26, 2005, including line-of-sight relays and towers, except as permitted by KRS 100.324, and only under the following conditions:

a.   Such facilities shall be operated at all times in compliance with applicable federal, state and local laws and regulations, including all standards of the Federal Aviation Administration and the Federal Communications Commission.

b.   No transmitting or relay tower shall be located closer than the height of the tower from another lot under different ownership, or any public or private street or highway, unless the tower is constructed to withstand a minimum wind speed of one hundred (100) miles per hour.

c.   The plans of tower construction shall be certified by an engineer registered in the Commonwealth of Kentucky.

d.   All towers shall be equipped with an anti-climbing device or fence to prevent unauthorized access.

(e)   Prohibited Uses. As for EAR-1.

(f)   Dwelling Unit Density.

(g)   Maximum Height of Building. Thirty-five (35) feet.

(h)   Floor Area Ratio. None; except where more than one (1) principal residential structure is placed on a lot, the FAR shall not exceed 0.75.

(i)   Minimum Front Yard. Five (5) feet.

(j)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(k)   Special Provisions.

1.   Affordable housing units shall not be considered as dwelling units for the purposes of calculating maximum density, provided the number of affordable units does not exceed eight (8) units per gross acre.

2.   At least twenty-five percent (25%) of the net developable acreage of any project in the EAR-2 zone shall be open space. Common open space shall be accessible from a public right-of-way or access easement with pedestrian facilities at intervals not to exceed 1/4 mile (1,320 feet). Access points shall be a minimum of forty (40) feet wide and contain a minimum five (5) foot wide sidewalk that connects to adjacent pedestrian facilities. Incidental signs indicating the hours of operation and ownership or party responsible for maintenance shall be posted at all access points to the common open space. Signage may also reference the Kentucky Recreational Use Statute (KRS 411.190), which encourages owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

3.   Permitted schools shall not be located on a lot exceeding fifteen (15) acres in area.

(a)   Intent. The intent of the Expansion Area Residential 3 Zone is to provide a mixture of residential uses and housing types at a higher density than the other Expansion Area Residential zones, to allow density transfer from areas that should not be developed and to provide for well-designed neighborhoods. Development in the EAR-3 Zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses. As for EAR-2.

(c)   Accessory Uses. As for EAR-2.

(d)   Conditional Uses. As for EAR-2.

(e)   Prohibited Uses. As for EAR-2.

(f)   Dwelling Unit Density.

(g)   Maximum Height of Building: Sixty (60) feet.

(h)   Floor Area Ratio: None.

(i)   Minimum Front Yard: Five (5) feet.

(j)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(k)   Special Provisions.

1.   Affordable housing units shall not be considered as dwelling units for the purposes of calculating maximum density, provided the number of affordable units does not exceed eight (8) units per gross acre.

2.   At least twenty-five percent (25%) of the net developable acreage of any project in the EAR-3 zone shall be open space. Common open space shall be accessible from a public right-of-way or access easement with pedestrian facilities at intervals not to exceed ¼-mile (1,320 feet). Access points shall be a minimum of forty (40) feet wide and contain a minimum five (5) foot wide sidewalk that connects to adjacent pedestrian facilities. Incidental signs indicating the hours of operation and ownership or party responsible for maintenance shall be posted at all access points to the common open space. Signage may also reference the Kentucky Recreational Use Statute (KRS 411.190), which encourages owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

3.   Permitted schools shall not be located on a lot exceeding fifteen (15) acres in area.

4.   No more than twenty-five percent (25%) of the required off-street parking for a multifamily residential development shall be located between the closest residential building and the right-of-way of any collector street.

(a)   Intent. The intent of the Transition Area zone is to create an overlay district to be used in conjunction with an EAR zoning category to allow for the development of residential uses and civic, cultural, religious, and educational institutions on lands which are located immediately adjacent to Community Center zones. Development in the TA Zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses.

1.   As for the underlying EAR zoning category.

2.   Only when the Transition Area is included as an integral part of the development plan for adjacent land in the Community Center zone, then the following uses shall be permitted:

a)   Nursing homes and personal care facilities.

b)   Kindergartens, nursery schools and childcare centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

c)   Places of religious assembly.

d)   Buildings and facilities for social or recreational purposes operated by a non-profit organization and which are generally open to the public and do not render a service customarily carried on as a business.

(c)   Accessory Uses. As for the underlying EAR zoning category.

(d)   Conditional Uses. As for the underlying EAR zoning category.

(e)   Prohibited Uses. As for the underlying EAR zoning category.

(f)   Dwelling Unit Density. As for the underlying EAR zoning category; except that when the property zoned TA is included as an integral part of the development plan for adjacent land in the Community Center zone, the density shall be as provided for the CC zone hereinbelow.

(g)   Maximum Height of Building. As for the underlying EAR category; except that when the property zoned TA is included as an integral part of the development plan for adjacent land in the Community Center zone, the maximum permitted height shall be forty-eight (48) feet.

(h)   Floor Area Ratio. As for the underlying EAR zoning category; except that when the property zoned TA is included as an integral part of the development plan for adjacent land in the Community Center zone, the FAR shall be as provided for the CC zone hereinbelow.

(i)   Minimum Front Yard. Five (5) feet

(j)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(k)   Special Provisions.

1.   As per the underlying EAR zoning category.

(a)   Intent. The intent of this zone is to implement the Community Center land use designation in the Expansion Area Master Plan by providing a mixture of residential uses and nonresidential uses which serve the needs of the surrounding residential neighborhoods. Development in the CC Zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses.

1.   As for EAR-3.

2.   Banks, credit agencies, security and commodity brokers and exchanges, credit institutions, savings and loan companies, holding and investment companies.

3.   Offices for business, professional, governmental, civic, social, fraternal, political, religious, and charitable organizations, including but not limited to, real estate sales offices.

4.   Places of religious assembly.

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

6.   Medical and dental offices, clinics, and laboratories.

7.   Studios for work or teaching of fine arts, such as photography; music; drama; dance and theater.

8.   Community centers and private clubs.

9.   Nursing and personal care facilities, and rehabilitation homes.

10.   Computer and data processing centers.

11.   Ticket and travel agencies.

12.   Kindergartens, nursery schools and childcare centers for four (4) or more children. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

13.   Business colleges, technical or trade schools or institutions.

14.   Establishments for the retail sale of food products, such as supermarkets; dairy, bakery, meat, beer, liquor, and wine and other food product stores; and provided that production of food products is permitted only for retail sale on the premises.

15.   Restaurants, except as prohibited under Section 8-16(e)(14) and (15), which offer no live entertainment or dancing.

16.   Establishments for the retail sale of merchandise, including clothing; shoes; fabrics; yard goods; fixtures, furnishings, and appliances, such as floor covering, radios, TV, phonograph products and other visual and sound reproduction or transmitting equipment; furniture; kitchen and laundry equipment; glassware and china; and other establishments for the retail sale of hardware and wallpaper, lawn care products; paint and other interior or exterior care products; hobby items; toys; gifts; antiques; newspapers and magazines, stationery and books; flowers; music; cameras; jewelry and luggage; business supplies and machines; prescription and non-prescription medicines and medical supplies.

17.   Beauty shops, barber shops, shoe repair, self-service laundry, or laundry pick-up station, including clothes cleaning establishments of not more than 40 pounds capacity and using a closed system process.

18.   Automobile service stations, provided such use conforms to all requirements of Article 16.

19.   Repair of household appliances.

20.   Retail sale of plant nursery or greenhouse products, except as prohibited herein.

21.   Outdoor miniature golf or putting courses.

22.   Quick copy services utilizing xerographic or similar processes, but not utilizing offset printing methods.

23.   Carnivals, special events, festivals, and concerts on a temporary basis, and upon issuance of a permit by the Divisions of Planning and 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, special events, festivals, and concerts may not displace more than twenty-five percent (25%) of the minimum required parking for the site it occupies.

24.   Indoor theaters.

25.   Rental of equipment whose retail sale would be permitted elsewhere in this zone.

26.   Arcades, including pinball, and electronic games.

27.   Athletic club facilities.

28.   Swimming pools; tennis courts; putting greens; hiking, bicycling and equine trails; and other similar commercial and non-commercial recreational uses.

29.   Brew-pub.

30.   Day shelters.

31.   Commercial farm markets.

32.   Market gardens.

33.   Banquet facilities.

34.   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.

35.   Hotels and motels.

36.   Short Term Rentals, as regulated in Section 3-13 of the Zoning Ordinance.

37.   Medicinal cannabis dispensaries.

(c)   Accessory Uses.

1.   As for EAR-3.

2.   Storage, excluding outdoor storage, and provided that no building for such accessory use shall have openings other than stationary windows within one hundred (100) feet of any residential zone.

3.   The sale of malt beverages, wine, or alcoholic beverages when accessory to a restaurant permitted under Section 8-16(b)(3). Such accessory use shall not devote more than twenty percent (20%) of its public floor area exclusively to the preparation and service of such beverages, nor provide any separate outside entrances or separate identification signs for those areas.

4.   Parking lots and structures.

5.   Satellite dish antennas as further regulated by Section 15-7.

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

(d)   Conditional Uses.

1.   As for EAR-3.

2.   Drive-through facilities for the sale of goods or products or the provision of services otherwise permitted herein.

3.   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:

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.

4.   Self-service car washes when accessory to a service station, provided that surface water from such establishments shall not drain onto adjacent property, and that adequate on-site storage lanes and parking facilities shall be provided so that no public way shall be used for such purposes.

5.   A restaurant, without live entertainment or dancing, which devotes more than twenty percent (20%) of its public floor area exclusively to the preparation and service of malt beverages, wine or alcoholic beverages.

6.   Restaurants offering live entertainment and/or dancing, cocktail lounges, or nightclubs, unless prohibited under Sections 8-14(e)(14) and (15). Such uses shall be located at least one hundred (100) feet from any residential zone and shall be soundproofed to the maximum extent feasible by using existing technology, with noise emissions not creating a nuisance to the surrounding neighborhood.

7.   Upholstery shop.

8.   Outdoor speakers and public address systems. Such systems shall only be permitted by the Board of Adjustment upon findings that the system would not constitute a public nuisance by creating excessive noise on the property and surrounding properties; and is a necessary adjunct to the proposed use and has been designed to serve only such need. The Board may limit such features as the location, power, and time of operation of such systems to ensure the protection of surrounding uses and properties.

9.   Gasoline pumps available to the public without an employee on site, provided a plan is approved by the Board of Adjustment for periodic inspection of the site by an employee for the following purposes:

a.   To check on all operating equipment;

b.   To check fire suppression system(s);

c.   To check the condition of the fire alarm(s);

d.   To check for indications of fuel leaks and spillage;

e.   To remove trash from the site;

f.   To monitor the general condition of the site.

10.   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.

11.   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 personal care facility. A circus may not displace more than twenty-five percent (25%) of the minimum required parking for the site it occupies.

12.   Ecotourism activities to include zip line trails; tree canopy tours; fishing clubs; botanical gardens; natural preserves; and seasonal activities.

13.   Recreation vehicle and trailer campgrounds, but only when located within five hundred (500) feet of an interstate interchange.

14.   Hunting clubs, but only when located more than five hundred (500) feet from a residential zone.

(e)   Prohibited Uses.

1.   As for EAR-3.

2.   As for A-R, except as expressly permitted herein.

3.   Any use dependent upon septic tanks or pit privies.

4.   Pawn shops.

5.   Golf driving ranges.

6.   Except when accessory to a permitted automobile service station, the above- or below-ground storage of any flammable material in gaseous form, including compressed natural gas; and the above- or below-ground storage of more than five (5) gallons of gasoline.

7.   Greenhouses, plant nurseries, and garden centers.

8.   Establishments primarily engaged in agricultural sales and services.

9.   Warehouses, as well as storage uses, except as accessory uses herein.

10.   Shops of special trade and general contractors, such as plumbing; heating; carpentry; masonry; plastering; painting; metal work; printing; electrical; sign painting; tile, mosaic and terrazzo work; electro-plating; drilling; excavating; wrecking; construction, and paving. This is not intended to prohibit the administrative offices of such.

11.   Manufacturing, compounding, assembling, bottling, processing and packaging and other industrial uses for sale or distribution other than as retail on the premises.

12.   Truck terminals and freight yards.

13.   Amusement enterprises, such as outdoor theaters, automobile racing, or horse racing.

14.   Kennels, outdoor runways or pens for animals.

15.   Establishments engaged in the display, rental, sales, service and major repair of automobiles, repair of motorcycles, boats, trucks, travel trailers, farm implements, contractor's equipment, mobile homes, and establishments primarily engaged in the sale of supplies and parts for any of the above-mentioned vehicles or equipment, except as permitted herein.

16.   Establishments for cleaning, dyeing, laundering and the like, other than self-service and pick-up stations; except for clothes cleaning establishments of not more than forty (40) pounds capacity and using a closed system process.

17.   Wholesale establishments.

18.   Greenhouses, nurseries, hatcheries.

19.   Establishments offering live entertainment in which a person simulates any sexual act or in which a person is unclothed, or in such attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola, the male or female genitalia, or the buttocks.

20.   Establishments at which any employee is unclothed or in the attire, costume or clothing described above, or is clothed in such a manner as to simulate the breast, genitalia, buttocks, or any portion thereof.

21.   Establishments having as a substantial or significant portion of their stock in trade for sale, rent or display, pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to such sexual activities as:

(a)   Depiction of human genitals in a state of sexual stimulation or arousal;

(b)   Acts of human masturbation, sexual intercourse or sodomy; or

(c)   Holding or other erotic touching of human genitals, pubic region, buttocks or breasts.

22.   Indoor motion picture theaters having as a substantial or significant portion of their use the presentation of material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to such sexual activities as:

(a)   Depiction of human genitals in a state of sexual stimulation or arousal;

(b)   Acts of human masturbation, sexual intercourse or sodomy; or

(c)   Holding or other erotic touching of human genitals, pubic region, buttocks or breasts.

23.   Pool or billiard halls.

24.   Primitive campgrounds; farm tours; hayrides; corn mazes; outdoor rodeos; riding stables; horse shows; fishing lakes; hunting and trapping; sportsmen's farms; and zoological gardens.

25.   Medicinal cannabis cultivators, producers, processors and safety compliance facilities.

(f)   Dwelling Unit Density. No limitation (See Special Provisions below).

(g)   Maximum Height of Building. Forty-eight (48) feet.

(h)   Floor Area Ratio. A maximum of 1.0; however, the FAR may be increased to 1.5, provided that the FAR in excess of 1.0 is used for affordable housing.

(i)   Minimum Front Yard. Five (5) feet.

(j)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(k)   Special Provisions.

1.   At least twenty-five percent (25%) of the net developable acreage of any development within a CC zone shall be open space. Common open space shall be accessible from a public right-of-way or access easement with pedestrian facilities at intervals not to exceed ¼-mile (1,320 feet). Access points shall be a minimum of forty (40) feet wide and contain a minimum five (5) foot wide sidewalk that connects to adjacent pedestrian facilities. Incidental signs indicating the hours of operation and ownership or party responsible for maintenance shall be posted at all access points to the common open space. Signage may also reference the Kentucky Recreational Use Statute (KRS 411.190), which encourages owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

2.   At least forty (40) percent of the aggregated floor area of buildings within a development in a CC zone shall be devoted to residential uses as permitted in EAR-3; schools, places of religious assembly and their accessory structures; and public buildings.

3.   No building shall exceed twenty thousand (20,000) square feet in floor area, except:

a.   A building that contains a mix of residential and nonresidential uses; or

b.   A building designed and intended to be used for a school, place of religious assembly or public building;

c.   A building is designed and intended to be used principally as a store selling food, produce and other grocery items (not primarily general merchandise) and not exceeding eighty thousand (80,000) square feet; and

d.   Up to two (2) additional buildings, which are designed and intended to be used primarily as stores selling general merchandise, which may include food, produce and other grocery items; but only under the following conditions:

1.   The proposed building shall be located within a CC zone containing at least thirty (30) net contiguous acres, and that has frontage on an interstate interchange;

2.   The building shall be part of an integrated development governed for all contiguously zoned CC land (excluding right-of-way) by a single development plan; and

3.   Any building exceeding eighty thousand (80,000) square feet in size shall also adhere to the "Design Guidelines for 'Big-Box' Establishments," excluding guideline numbers 6 and 14, which are contrary to other provisions of the CC zone. Such design guidelines shall be met unless waived by the Planning Commission through its approval of a final development plan.

e.   The maximum number of buildings permitted over twenty thousand (20,000) square feet by Subsections (k)3.c and d of this section (above) shall be two.

4.   Parking areas shall be designed so as to minimize the placement of parking between the buildings and the adjoining streets.

5.   Each development within a CC zone shall have access to a pedestrian accessway.

6.   Each development shall provide suitable facilities for the parking of bicycles.

7.   The development shall be screened from adjoining zones as for a business zone under Section 18-3(a)(1).

8.   Structures shall be sited to avoid the rear of the building facing a street (other than an alley) to the greatest extent practicable.

(a)   Intent. The purpose of the Economic Development zone is to provide land within the Expansion Area for employment opportunities compatible with the overall character of development as provided in the Expansion Area Master Plan. Development in the ED Zone shall comply with the Community Design Element of the Expansion Area Master Plan. The zone should be established in accordance with the Goals, Objectives, Policies and Development Criteria in the Comprehensive Plan.

(b)   Principal Uses.

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

2.   Computer and data processing centers.

3.   Medical and dental offices, clinics and laboratories, and hospices.

4.   Research development and testing laboratories or centers, including agricultural research and experimentation facilities.

5.   Mail order businesses.

6.   The manufacturing, compounding, assembling, processing, packaging, or similar treatment of articles of merchandise from the following previously prepared materials: asbestos, bone, canvas, cellophane, cellulose, cloth, cork, feather, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious and semi-precious metals, precious and semi-precious stones, rubber, sheet metal (excluding large stampings), shell, textiles, tobacco, wax, wire, wood (excluding sawmills, planing mills), and yarn.

7.   The manufacturing, compounding, assembling, processing, packaging, or similar treatment of such products as: bakery goods; billboards; candy; ceramics; cosmetics; drafting instruments; electrical parts; appliances; electric or neon signs; electronic instruments; food products; meat packaging; ice cream; medical and dental instruments; musical instruments; pharmaceuticals; pottery, china, or figurines; radios; record players; rubber and metal stamps; rubber products; scientific instruments and equipment; shoes; television receivers; toiletries, soaps and detergents; toys; and watches and clocks.

8.   Other industrial and manufacturing uses such as auto parts rebuilding; battery manufacturing; beverage manufacturing; dairy and non-dairy and food and non-food product bottling plants; box and crate assembly; building materials sales; rental storage yard; bag, carpet and rug cleaning and dyeing; cabinet shop; cannery; caterers; cooperage; crematory; dextrin and starch manufacturing; enameling, lacquering, and japanning; felt manufacturing; electric foundry; furniture manufacturing; heating equipment manufacturing; inflammable underground liquid storage; iron works (ornamental) and wire drawing; parcel delivery stations; phonograph record manufacturing; public utility service yard; radium extraction; stone monument works; tool manufacturing, welding, and other metal working shops.

9.   Regional medical campus consisting of an integrated complex of medical service providers and related support facilities on a campus of not less than fifty (50) gross acres governed by a single development plan. The development plan must demonstrate that the regional medical campus will contain hospitals and similar in-patient treatment facilities, which may include accessory cafeterias, pharmacies and gift shops. In addition, the following uses shall be considered part of a regional medical campus: outpatient clinics and treatment facilities, surgery centers, nursing homes, medically-supervised assisted living facilities, and extended-stay hotels.

10.   Colleges, universities, business colleges, technical or trade schools, and other schools and institutions for academic instruction.

11.   Offices of purchasers, processors, and handlers of agricultural products, limited to administrative uses only.

12.   Breweries, wineries, and distilleries.

13.   Nursing homes and assisted living facilities.

14.   Medicinal cannabis cultivators, producers, processors, and safety compliance facilities.

15.   Supportive uses, as further regulated by section 23A-10(j).

a.   Adult day care centers.

b.   Automobile service stations, and automobile and vehicle refueling stations, including the accessory retail sale of convenience type merchandise.

c.   Banks, credit agencies, security and commodities brokers and exchanges credit institutions, savings and loan companies, holding and investment companies.

d.   Beauty shops and barber shops.

e.   Cable television system signal distribution centers and studios.

f.   Community centers and private clubs.

g.   Dwelling units, provided the units are not located on the first floor of a structure.

h.   Hotels and motels.

I.   Kennels, animal hospitals or clinics.

j.   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 not less than twenty-five (25) square feet per child.

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

l.   Multi-family dwellings and townhouses, three (3) or more units.

m.   Pharmacy and retail sale of medical equipment and supplies.

h.   Restaurants, with or without drive-through facilities.

o.   Studios for work or teaching of fine arts.

p.   Telephone exchanges, radio and television studios, including line of sight relay facilities.

q.   Television system signal distribution centers and studios, including line of sight relay facilities.

r.   Ticket and travel agencies.

s.   Shared parking court, as regulated by Article 16-5(b)(4), where depicted on a certified development plan.

(c)   Accessory Uses.

1.   Off-street parking areas and structures, and loading facilities.

2.   A dwelling unit for watchmen or caretakers, provided that such facilities shall be located on the same premises as the permitted use.

3.   Offices.

4.   Recreational facilities, except as otherwise permitted herein.

5.   Sale of finished products related or incidental to the principal use, provided that the area set aside for sales of these related or incidental items does not constitute more than five percent (5%) of the total floor and storage area.

6.   Storage and warehousing.

7.   Meeting and conference centers.

8.   Satellite dish antennas, as further regulated by Article 15-8. When located within 200 feet of the Urban Service Area boundary, satellite dish antennas shall be limited to:

a)   A maximum height of four (4) feet above the highest point of the principal building on the lot.

b)   If located on the ground, satellite dish antennas shall not be visible from the road, and shall be screened with landscape material.

9.   For premises not permitted under 23A-10(b)(14) above, facilities for serving food only for employees and visitors; having no direct access to the exterior, and having no signs visible from the exterior of the building. Mobile food unit vendors may also serve this purpose, and be parked outside of a building to serve employees and visitors, provided that the requirements of Section 15-11 of the Code of Ordinances are met.

10.   Drive-through facilities for the provision of services otherwise permitted herein.

(d)   Conditional Uses.

1.   Kindergartens, nursery schools and childcare centers, where enrollment of children is sponsored and licensed by established places of religious assembly and non-profit community based groups; and/or where enrollment may be limited to children of employees and staff of an office, business or commercial establishment that is located within the contiguous ED zone as the proposed childcare facility. A fenced and screened play area shall be provided in an area located a minimum of ten (10) feet from a collector or arterial street, and shall contain not less than twenty-five (25) square feet per child.

2.   Helistops and heliports, provided such facilities conform to the requirements of all appropriate federal, state and local regulations.

3.   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:

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.

4.   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.

5.   Ecotourism activities to include campgrounds; commercial hiking and bicycling trails; equine and zip line trails; tree canopy tours; canoeing and kayaking launch sites; recreational outfitters; fishing and hunting clubs; botanical gardens; nature preserves; and seasonal activities.

6.   Market gardens.

(e)   Prohibited Uses.

1.   All uses listed as permitted or prohibited within the B-4, I-1 and I-2 zones, except as expressly permitted herein.

2.   Radio, telephone or television transmitting towers.

3.   Dormitories.

4.   Medicinal cannabis dispensaries.

(f)   Maximum Height of Building. 120 feet.

(g)   Floor Area Ratio. A maximum of 1.0.

(h)   Minimum Front Yard. Five (5) feet.

(i)   Off-Street Parking. (See Articles 16 and 18 for additional parking regulations.)

(j)   Special Provisions.

1.   At least 25% of the net developable acreage of any development within an ED zone shall be open space. Such open space may be clustered across multiple lots or tracts to facilitate the common use of the land. Common open space shall be accessible from a public right-of-way or access easement with pedestrian facilities at intervals not to exceed ¼-mile (1,320 feet). Access points shall be a minimum of forty (40) feet wide and contain a minimum five (5) foot wide sidewalk that connects to adjacent pedestrian facilities. Incidental signs indicating the hours of operation and ownership or party responsible for maintenance shall be posted at all access points to the common open space. Signage may also reference the Kentucky Recreational Use Statute (KRS 411.190), which encourages owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.

2.   No structures other than sidewalks, transparent fences, or stone fences shall be located within five (5) feet of any public street right-of-way.

3.   No more than half of the required off-street parking area shall be located between a building and any collector street.

4.   Each parcel in an ED zone shall have direct access to a pedestrian access way.

5.   The development shall be screened from adjoining zones and arterial highways as for an industrial zone under Section 18-3(a)(1).

6.   All principal uses, other than supportive uses, shall be conducted in a completely enclosed building, except for outdoor storage uses, which shall be enclosed on all sides by a solid wall or fence not less than six (6) feet in height.

7.   All buildings and structures shall be at least one hundred (100) feet from any residential zone, unless the portion within that distance has no openings except stationary windows and doors that are designed and intended solely for pedestrian access.

8.   No buildings or structures in the ED zone, other than driveways, transparent fences and stone fences, shall be located in a Scenic Resource Area; however, the Scenic Resource Area may be used to calculate the required floor area ratio.

9.   No outdoor loudspeakers shall be permitted.

10.   No portion of a regional medical campus shall be located within one thousand (1,000) feet of the boundary of the Urban Service Area.

11.   There shall be no more than one extended-stay hotel for a regional medical campus that contains 100 acres or less; a second extended-stay hotel is permitted for a regional medical campus that contains more than 100 acres, provided that there shall be no more than two (2) extended-stay hotels in a regional medical campus. The extended-stay hotel shall be: a) a part of a building that also contains medical facilities permitted on the campus; or b) physically connected by interior access ways to facilities containing medical services permitted on the campus. Extended-stay hotels shall be internally oriented to the site (e.g. not located on adjoining arterial streets).

12.   Supportive uses shall be principal permitted uses, regulated subject to the following requirements:

a.   Supportive uses shall not exceed a maximum of eighteen percent (18%) of the otherwise permitted floor area within a development, as identified on the associated final development plan. Mixed Use buildings shall count toward the maximum permitted floor area of supportive uses herein, but not count toward the residential use maximum identified below in Article 23A-10(j)(12)(b). Structures dedicated solely to residential use shall not count toward the supportive use maximum because they will be limited by Article 23A-10(j)(12)(b) and (d).

b.   Residential land uses shall not exceed eight and one-half percent (8.5%) of the gross land area within a development, as identified on the associated final development plan.

c.   A maximum of twenty percent (20%) of all supportive uses may be constructed prior to construction of other principal permitted uses listed in Article 23A-10(b). The allowable floor area for supportive uses shall be calculated based upon the total number of gross acres within the boundary of the final development plan and the permitted maximum Floor Area Ratio established in Article 23A-10(g).

d.   The maximum density for townhouses (3 or more units attached) shall be 12 dwelling units per gross acre, not to exceed 360 total townhouses. The maximum density of multi-family dwellings shall be 24 dwelling units per gross acre, not to exceed 360 total multi-family dwellings.

(a)   Applicability to Subdivisions. Except as expressly specified in this Article, all subdivision of land within the Expansion Area shall be required to comply with all procedures, requirements and standards of the Land Subdivision Regulations for major or minor subdivisions as applicable to the nature of the proposed subdivision.

(b)   Applicability to Development Plans. Where any development plan under this Article indicates a need or intent to subdivide property, all design and improvement standards contained in the Land Subdivision Regulations shall be applicable to the development plan.

(c)   Development Plan and Preliminary Subdivision Plan May Be Combined. The required development plan and preliminary subdivision plan may be combined as set forth in Section 21-8(c).

1)   The land is designated as a greenway in the Expansion Area Master Plan, or has been designated as a greenway by the Planning Commission on an approved development plan;

2)   The land lies outside of the post-development floodplain; and

3)   The land lies outside of an area measured one hundred (100) feet in both directions from the center of the greenway.

(a)   Road Exaction Districts.

(b)   Open Space Exaction District. This exaction district is composed of Expansion Areas 1, 2-A, 2-B, 2-C and 3.

(c)   Sanitary Sewer Treatment Capacity Exaction District. This exaction district is composed of Expansion Areas 1, 2-A, 2-B, 2-C and 3.

(d)   Sanitary Sewer Transmission Capacity Districts.

(e)   Park Exaction Districts.

(f)   Stormwater Management Facilities Exaction Districts.

(a)   Miscellaneous Exaction Provisions. The following special circumstances shall be addressed as provided below:

(1)   Inasmuch as land in the Conservation District (CD) zone is proposed for future public acquisition, there shall be no exactions imposed for any use permitted in the CD zone.

(2)   Land developed in the Transition Area (TA) zone shall be subject to an exaction based on the underlying zone.

(3)   The Exaction Schedule shall include an adjustment for the exactions of any EAR-1 property which lies in its entirety within a Scenic Resource Area. The adjustment shall be based proportionally upon the reduced on-site density. Should such density be recaptured under a Density Transfer Right, exactions shall be paid for such unit as a part of obtaining a Certificate of DTR under Section 23A-2(m)(2)(f).

(4)   In the event a zone change is granted to a category where no exaction is shown in the adopted Exaction Schedule, no development activity shall occur until the Urban County Council has amended this Article and/or the Exaction Schedule, as necessary, to create an appropriate exaction.

(b)   Review, Adjustment and Amendment of Exactions. The exactions set forth in this Article are based upon good faith estimates of the costs of acquiring lands for open space, parks, and infrastructure, and the costs of constructing system improvements. The Lexington-Fayette Urban County Government acknowledges that a cost estimate, which as closely as possible approximates the actual construction cost, is in the best interest of the operation of the exaction program. Therefore, beginning four (4) months after the date of the adoption of the resolution establishing the Exaction Schedule, and on a quarterly basis thereafter, the Department of Finance and the Department of Public Works shall review the methodology report and recommend the increase or decrease of all exactions, with the exception of the Open Space Exaction, based upon the actual costs of acquiring properties or interests in properties and the actual costs of constructing system improvements. The methodology for calculation of the estimated public facility cost and exaction shall entail:

(1)   Adjusting the total estimated cost of the facility by factoring the actual costs for system improvements constructed as of the date of the calculation into the estimated cost of the system improvement to the extent those improvements have been constructed;

(2)   Subtracting from this adjusted total estimated facility cost the total committed exactions paid or due as calculated by totaling the exactions on previously recorded subdivision plats; and

(3)   Subsequently recalculating the Exaction Schedule based upon the calculations described under Subsections (1) and (2) of this section by apportioning the remaining cost by zone and acreage of all land in the exaction district not accounted for in Subsection (b)(2) of this section, above.

(a)   Exactions Due. The amount of the exaction applicable to the property shall be shown on the final record plan of each subdivision in the Expansion Area. The calculation of the amount due may include the direct application of approved credits against such exaction, pursuant to Section 23C-7 herein; provide for deferred or phased payment of the exaction if so specified in a development agreement, or for the contribution or dedication of land in lieu of payment of exactions.

(b)   Permitted Installments. Except where a development agreement provides otherwise, feepayors shall be entitled to make the entire exaction payment at the time of building permit or to pay in two (2) equal installments. Under this installment option, fifty percent (50%) of the exactions due shall be paid prior to the issuance of the building permit. The second payment shall be made no later than one (1) year from the date of issuance of the building permit. In consideration of such installment payment, the owner shall enter into a contract with the Urban County Government, which shall include agreement to the placement of a lien against the property for the exaction amount outstanding. The lien shall be subordinate to any financing for construction purposes. No interest shall be assessed against such installment payment as long as it is fully paid within one (1) year of the issuance of the building permit. After one (1) year, interest shall accrue on a monthly basis at a rate equal to the current interest rate of the three-month United States Treasury bill, plus two percent (2%).

(c)   Deposit of Funds. All exactions collected pursuant to this Article shall be identified by the Exaction District from which they were collected and promptly transferred for deposit into the appropriate Exaction Account to be held and used as provided for in this Article. Exactions shall be used solely for the purposes specified in this Article.

(a)   Credits Against Exactions. Shall be determined as follows:

(1)   A developer shall construct and dedicate, as necessary, all project improvements required for the development. No credit shall be given for project improvements. A developer shall be entitled to construct all system improvements reflected in the Expansion Area Master Plan for the property proposed for development activity. Stormwater management facilities which are constructed in conformance with the Expansion Area Stormwater Facilities Master Plan may be constructed by the developer, and the cost of such improvement shall be credited as provided herein against exactions which would be otherwise owed. Credits shall be given for the actual cost of the construction of system improvements or contribution or dedication of land as outlined in Subsection (b) of this section by a developer at any time subsequent to the effective date of this Article and required or accepted by the Lexington-Fayette Urban County Government from the developer or predecessor in title for system improvements.

(2)   Developers wishing to claim credits for system improvements shall be subject to the procedures outlined in Subsection (b) of this section, below. A developer shall be entitled to receive exaction credits for the construction of a system developer's improvement only upon executing a "System Improvement Design and Construction Memorandum" or a "Development Agreement" as provided below. The system improvement design and construction memorandum shall be used only for projects not involving "special circumstances," as defined herein. Development agreements shall be required for all other system improvement projects. "Special circumstances," as used herein, shall mean any case where the system improvement involves a material deviation from the Expansion Area Master Plan; deviation from the provisions of Subsection (b) of this section, its subsections, or other relevant sections of this ordinance for the calculation of exactions owed; the type or extent of system improvements; the design of the system improvements; the payment of exactions; the application of exaction credits; refunds from an Exaction Fund; the transfer of exaction credits; or the apportionment of costs or construction responsibilities between developers, or between a developer and the Urban County Government.

(b)   System Improvement Design and Construction Memorandum. Prior to commencement of the design of system improvements, the developer and the Urban County Government, as represented by the Chief Administrative Officer or authorized agent, shall jointly execute a system improvement design and construction memorandum. A developer claiming credits for system improvements shall submit to the Chief Administrative Officer a detailed project description, including engineering and construction cost estimates prepared by a licensed professional engineer. In addition, the developer shall submit property appraisals prepared by professional appraisers to determine the cost of land acquisition or right-of-way dedication for system improvements. All construction must be publicly bid and must be carried out in accordance with applicable development and design standards. The Chief Administrative Officer shall refer all land and construction cost estimates to the Exaction Credit Advisory Committee, who shall review all materials and make recommendation to the Chief Administrative Officer as to their appropriateness. The Exaction Credit Advisory Committee shall consist of the following individuals or their designees: the Commissioner of Finance, the Commissioner of Public Works, the Commissioner of Law, the Director of the Division of Engineering, the Director of the Division of Planning, and the Urban County Council Administrator. The Chief Administrative Officer has the right to confirm the amount proposed to be credited by having engineering and construction cost estimates and/or property appraisals prepared for those system improvements, and by having verification of developer expenses claimed. The system improvement design and construction memorandum shall include provisions which shall establish:

(1)   The specific nature and extent of the system improvements to be constructed and eligible for credit.

(2)   That the developer shall receive credit for construction of full or partial system improvements, or for contribution or dedication of land as outlined in this Article. This credit shall take the form of either direct application against the required exaction or as exaction credit certificates in an amount which cannot exceed the eligible credits. Credits shall be permitted to be used as authorized by Subsections (c)(3) and (4) of this section, hereinbelow.

(3)   If the amount of the credit created by such construction, contribution or dedication is in excess of the exaction which would have been otherwise due and owing for that improvement, the developer shall be reimbursed for such excess contribution from the Exaction Fund as provided herein.

(4)   The public bid process to be used for selection of the contractor and estimated cost for the system improvements.

(5)   The developer's management/overhead fee cost to be included in the exaction-eligible cost of the construction equal to five (5) percent of total cost of the system improvements.

(6)   The procedures to be used to submit, evaluate and approve (if warranted) change orders to any contracted system improvement.

(7)   A statement establishing that the actual cost of the system improvement construction and/or dedication as calculated at the time of recording of the plat shall be the basis for any credits. For any system improvements not in place at the time of recording, the cost of the completion shall be covered by surety as provided generally for subdivision improvements in the Land Subdivision Regulations. For these items, the bid price for the completion of such improvements shall be used to calculate the cost of the system improvement. The memorandum shall also provide for verification through documentation required of the developer by the LFUCG, including, but not limited to, periodic submittal of invoices, proof of payment, audits or other means determined necessary by the LFUCG to ensure validity of claimed credit amounts. All such materials shall be referred to the Exaction Credit Advisory Committee, who shall make recommendations to the Chief Administrative Officer. The Chief Administrative Officer shall approve the final amount of such actual costs prior to plat recording.

(8)   A developer proposing credits for land dedication shall present property appraisals prepared by qualified professionals and a certified copy of the most recent property valuation administration assessment of the property to the Chief Administrative Officer to be used in determining the amount of credit. The Chief Administrative Officer shall have a review appraisal prepared by a professional MAI to confirm the accuracy of the appraisals submitted by the developer, and shall refer all such materials to the Exaction Credit Advisory Committee, who shall make a recommendation to the Chief Administrative Officer.

(9)   A statement affirming the understanding that no credits shall be given for project improvements.

(10)   That the total exactions required under this ordinance and the amount of exactions due after the application of any credits authorized under Subsection (b)(2) of this section or provisions of a development agreement shall be shown on the final plat of the subdivision. The exaction rate schedule to be used shall be the one (1) in effect as of the date the Division of Engineering transmits its certified original of the final plat to the Division of Planning for final certification, provided the plat is recorded within thirty (30) days of that date; otherwise, the net exaction shall be calculated upon any amended rate schedule adopted by the Urban County Council in the intervening time.

(c)   Claiming and Application of Credits. The application of credits shall be as follows:

(1)   The dollar amount of any credits shall be applied either as a credit against exactions due for the development providing the system improvement, or for the issuance of exaction credit certificates as outlined under Subsection (b)(2) of this section, above.

(2)   Credits must be claimed by no later than the time of the certification of the final record plan. Any credits not so claimed shall be deemed waived.

(3)   The credits for roads, parks, open space or stormwater management facilities may be applied against all exactions for roads, parks, stormwater management facilities and open space owed by the developer with respect to the development. To the extent that the total credits for roads, parks, open space or stormwater management facilities exceed exactions due for roads, parks stormwater management facilities and open space with respect to the developer's property, the development agreement may provide for the developer to receive a refund from the exaction fund, as outlined in Subsection (c)(8) of this section, below.

a.   Credits earned in either Expansion Area 2-A or 2-B may be applied only against stormwater facilities, road, park and open space exactions in either Expansion Area 2-A or 2-B.

b.   The stormwater credit is only applicable within the specific exaction district as noted in Table A.

c.   Credits earned in Expansion Area 2-C may be applied only in Expansion Area 2-C.

d.   Credits earned in Expansion Area 3 may be applied only in Expansion Area 3.

(4)   The credits for sanitary sewer transmission capacity may only be applied against exactions due for sanitary sewer transmission capacity in the Expansion Area from which credit originates, or against exactions due for sanitary sewer treatment capacity in any Expansion Area.

(5)   If the area proposed for development includes lands designated for parks in the Expansion Area Master Plan, the developer shall dedicate such lands to the Lexington-Fayette Urban County Government with credit given for the value of the land against the required exaction. If an area proposed for development includes land which is located outside the horizontal limits of the greenway and which is designated in the Expansion Area Stormwater Facilities Master Plan for stormwater management facilities, the developer shall dedicate such land. The developer shall obtain a credit for the value of such lands against any open space, park or road exactions which may be due. The value of such credit shall be computed as set forth in Subsections (b)(7) of this section and shall be applied in the same manner as credits for constructed system improvements.

(6)   In cases where the land proposed for development is entirely or substantially in an area designated in the Expansion Area Master Plan for park land, and the extent of the designation is such as to render the development of the land infeasible, the developer may enter into an agreement with the Lexington-Fayette Urban County Government establishing interim uses of the property in conformance with the Conservation District (CD) Zone, timing of acquisition, schedule of payments, and other related uses.

(7)   In the event a building permit is abandoned, credits shall be given for the full amount of any exactions paid against future exactions for the same parcel of land paid upon issuance of such building permit. A building permit shall be deemed abandoned if no construction has been commenced prior to the expiration of the building permit.

(8)   If the application of all credits against exactions exceeds the amount of the exactions due, the developer shall be repaid for the actual cost of system improvements from the Exaction Fund as monies become available with the order of payment to be the order of the date of award of the credit. Alternatively, the developer may be reimbursed in Exaction Credit certificates, which shall be used as specified within this Article. Developers desiring any other arrangement shall be required to enter into a development agreement with the LFUCG as outlined below.

(9)   Unless otherwise provided in this Article, credits shall only be applied against exactions due once. Exaction credits may only be reallocated subsequent to the recordation of an amended plat or development plan that results in a lot or development reconfiguration.

(d)   Development Agreements. A feepayor may propose, and the Lexington-Fayette Urban County Government may approve, a development agreement which provides for the deferred or phased payment of exactions which were not eligible for application of credits, as provided under Subsections (c) of this section, provides for credits, provides for the dedication of land in lieu of cash payment, provides for the construction of system improvements in lieu of cash payment, provides for the repayment of credits from the exaction fund, provides for payment of interest, provides for the issuance of exaction credit certificates, or provides for any combination thereof. Any developer contemplating an activity which involves a development agreement shall submit a proposed agreement to the Chief Administrative Officer, who shall solicit comments from the Exaction Credit Advisory Committee for the determination of compliance with the provisions of this Article and the Expansion Area Master Plan. The Chief Administrative Officer shall review the proposed development agreement and transmit the proposed development agreement, together with a recommendation and the comments of the Exaction Credit Advisory Committee, to the Lexington-Fayette Urban County Council for appropriate action. The Lexington-Fayette Urban County Council shall not approve a development agreement unless it determines that the development agreement satisfies the intent and purpose of this Article, is in compliance with the Expansion Area Master Plan, is in the best interest of the Lexington-Fayette Urban County Government and is consistent with the public health, safety and welfare of the citizens of Lexington-Fayette County. The Lexington-Fayette Urban County Council has sixty (60) days from receipt of the fully completed draft development agreement to take final action on the development agreement.

(e)   Exaction Credit Certificates. Exaction Credit Certificates are transferable from one (1) developer to another, from a developer to a property owner, and from one (1) project to another, provided that such credits only be used in conformance with Subsections (c)(3), (4), and (5) of this section, or as authorized under a development agreement pursuant to Subsection (d) of this section.

(a)   The alteration or expansion of an existing building or use of land where no additional living units are created, where the use is not changed, where no development activity takes place, or where the proposed use shall not result in need for increased public facilities.

(b)   The construction of accessory buildings, excluding accessory dwelling units; attached garages in conjunction with a residential use; additions to structures existing at the time of adoption of this Article; or structures which will not produce additional impact on the roads, parks, open space, stormwater management facilities, sanitary sewer transmission lines and sanitary sewer treatment facilities over and above those produced by the principal building, accessory dwelling units, or use of the land.

(c)   The replacement of a building, mobile home or structure that was in place on the effective date of this Article, or the replacement of a building, mobile home or structure that was constructed subsequent thereto and for which the correct exactions had been paid or otherwise provided for, with a new building, mobile home, or structure of the same use, provided that no additional impact on the roads, parks, open space, stormwater management facilities, and sanitary sewer transmission lines and sanitary sewer treatment facilities will be produced over and above those produced by the original use of the land.

(d)   The construction, alteration or expansion of publicly owned and operated school buildings or other public buildings owned, operated and occupied by local, state, or federal government agencies.

(e)   Affordable housing shall be eligible for a reduced exaction if the developer can demonstrate that the housing to be constructed will be used to provide housing for low income persons for a period of no less than fifteen (15) years. Factors to be considered in determining the amount of reduction shall include the size and scope of the project, whether other funds are available to pay for the portion of the developer exaction which is otherwise due, and whether the proposal will fulfill established goals or policies in the Comprehensive Plan and the Expansion Area Master Plan to ensure a wide range of housing options to the citizens of Lexington-Fayette County. The determination of the reduction shall be by appeal to the Exaction Appeals Committee, as outlined in Section 23C-12.

(f)   Developments located within a Scenic Resource Area which are not included in the pre-calculated reduced exaction in the Exaction Schedule shall be eligible for a reduced exaction if the developer can demonstrate that the permitted units to be developed are so low as to cause an unfair burden relative to the impact of the development. Factors to be considered in determining the amount of the reduction shall include the size and scope of the project, whether or not the right to sell density transfer rights has been forfeited, and whether the proposal will fulfill established goals or policies in the Comprehensive Plan and the Expansion Area Master Plan. The determination of the reduction shall be by appeal to the Exaction Appeals Committee as outlined in Section 23C-12.

(g)   Any person claiming exemption(s) pursuant to Subsections (a) through (f) of this section, above, shall submit to the Chief Administrative Officer information and documentation sufficient to permit a determination of whether such exemption claimed is proper and, if so, the extent of such exemption. Exemptions must be applied for by no later than the time of the application for a building permit. Any exemptions not so applied for shall be deemed waived.

(a)   A notarized sworn statement that the feepayor paid the exactions for the property and the amount paid;

(b)   A copy of the dated receipt issued by the Lexington-Fayette Urban County Government for payment of the exactions;

(c)   A certified copy of the latest recorded deed for the property;

(d)   A copy of the most recent ad valorem tax bill; and

(e)   A sworn statement of entitlement.

(a)   Any person directly aggrieved by a decision of the Lexington-Fayette Urban County Government with respect to any of the following determinations, or is seeking an adjustment to exactions as provided elsewhere in this Article, shall have the right to appeal the decision to the Exaction Appeals Committee:

(1)   The imposition of an exaction;

(2)   The amount of an exaction;

(3)   The entitlement to and/or the amount of credits to an exaction;

(4)   The entitlement to an exemption from an exaction;

(5)   The entitlement to and/or the amount of a refund of an exaction; or

(6)   The adjustment of exactions under Sections 23C-5(b), 23C-9(e) or (f).

(b)   Any appeal shall be taken within fifteen (15) working days of the reconsideration decision by filing a notice of appeal with the Exaction Appeal Committee, setting forth the grounds therefor. The Department shall forthwith transmit to the Exaction Appeal Committee all papers constituting the record upon which the action appealed from is taken. The Exaction Appeal Committee shall thereafter establish a reasonable date and time for a hearing on the appeal, and give due notice thereof to the parties in interest. Any party taking an appeal shall have the right to appear at the hearing to present evidence and may be represented by counsel. The Exaction Appeal Committee shall render a decision granting, modifying, or denying the appeal within ten (10) working days of the hearing.

(c)   A developer may pay an exaction under protest to obtain a building permit, and by making such payment shall not be estopped from exercising his right of appeal or receiving a refund of any amount determined to have been improperly collected.

(d)   The Exaction Appeal Committee shall be required to maintain records of its actions, including minutes of any official meeting. Such records shall be available for public inspection, and shall be distributed on a routine basis to the Planning Commission and the Urban County Council.