Mixed use 3: "Mixed use Community Zone (MU-3)" is hereby created and regulated as follows:
(a) Location Criteria. MU-3 shall only be permitted on parcels that meet all of the following criteria:
1. The parcel must be located within the Urban Service Area and have at least one hundred sixty (160) feet of frontage on one (1) of the following streets: Tates Creek Road/High Street; Nicholasville Road/South Limestone; Southland Drive; South Broadway/Harrodsburg Road; Maxwell Street/Versailles Road; Old Frankfort Pike/Manchester Street; Midland Avenue/Winchester Road; Main Street/Richmond Road/Leestown Road; Georgetown Street; Georgetown Road; Newtown Pike; Russell Cave Road; Virginia Avenue; Bolivar Street; South Upper Street; Vine Street; Red Mile Road; North Broadway; Man O' War Boulevard; Citation Boulevard; or North Limestone Street.
2. The parcel must contain at least three (3) acres.
(b) Principal Permitted Uses. The following shall be principal permitted uses in the MU-3 zone:
2. The principal permitted uses of the P-1 and B-1 zones, except as specifically prohibited hereinbelow.
(c) Accessory Uses. The following shall be accessory uses in the MU-3 zone:
1. The accessory uses permitted in the P-1 and B-1 zones, including drive-through facilities, except as prohibited under Subsection (e) of this section, below.
(d) Conditional Uses. The conditional uses in the B-1 zone except as prohibited under Subsection (e) of this section, below.
(e) Prohibited Uses. The following uses shall be prohibited in an MU-3 zone:
1. The following principal uses in the B-1 zone: outdoor miniature golf or putting courses; circuses and carnivals on a temporary basis.
2. The following B-1 conditional uses; self-service car washes; animal hospitals or clinics, except as permitted herein.
3. All uses listed as prohibited in the B-1 zone, except as permitted herein.
(f) Lot, Yard, and Height Requirements. Lot, yard, and height requirements shall be as follows:
1. Floor Area Ratio: Maximum 2.0.
2. Maximum Building Height: Eighty (80) feet if a building is located at the intersection of a street classified as an arterial with another arterial or collector street; seventy (70) feet for all other buildings.
3. Front Yard: No limitation for first or second story; any third or additional floors shall be set back at least fifteen (15) feet if located adjacent to a residential zone, including any that may be separated by a street right-of-way fifty (50) feet or less in width; see also Subsection (g)(3) of this section, below.
4. Each Side Yard: For one- and two-story structures, ten (10) feet; for three-story structures and higher, ten (10) feet, unless adjacent to a residential zone; then, a 1:1 height-to-yard ratio.
5. Rear Yard: Ten (10) feet unless adjacent to a residential zone, then a 1:1 height- to-yard ratio.
6. Open Space: See Article 20 for open space regulations.
7. Lot Coverage: Maximum fifty percent (50%).
(g) Special Provisions. Special provisions shall be as follows:
1. No less than fifteen percent (15%), nor more than eighty-five percent (85%), of the floor area of any structure shall be required to be residential uses, except where multiple principal structures are involved. In such cases, mixing within a single structure shall not be required after the fifteen percent (15%) minimum mix of residential to nonresidential uses has been achieved in multiple-use structures. Once the MU-3 project has reached fifteen thousand (15,000) square feet of commercial use, additional commercial square footage will not be required.
2. Within the Infill and Redevelopment Area at least forty percent (40%) of the front building wall(s) shall be required to be built at the zero-foot setback line. When additional sidewalk or pedestrian areas are provided, the edge of the pedestrian area shall be construed as the zero-foot setback. Where a sight distance triangle is required, the sight distance line shall be construed as the zero-foot setback; and for buildings facing on two (2) streets, only the longest front building face shall be subject to this requirement. However, the Planning Commission may increase the zero-foot setback line where it makes a finding that the strict application of the zero-foot setback would be inappropriate for the property, creating an environmental problem; vehicular, pedestrian or bike traffic problems; or a development incompatible with the surrounding neighborhood.
3. Signage within the MU-3 zone shall be as permitted and restricted under Section
17-11(o) of this Zoning Ordinance.
4. An Entertainment Mixed-use Project may be permitted only by the Planning Commission for a tract of land with a minimum of ten (10) acres, upon the approval of a preliminary development plan and a final development plan as provided in
Article 21 herein. In its approval of such a development plan, the Commission shall find that the location is both appropriate for the use, and compatible with neighboring land uses. The parcel shall be subject to the MU-3 zone regulations above and the following requirements:
(a) Subdivision of land in an Entertainment Mixed-use Project is permitted, subject to the following regulations:
1. There shall be no minimum lot size, lot frontage, yard, nor maximum lot coverage or height requirements for each subdivided lot; however, all said requirements for the approved final development plan shall be applicable to the subdivision.
2. Each subdivided lot shall have access to adjacent streets or joint parking areas, as provided by appropriate easements shown on the final development plan and the final record plan.
3. For the overall project area, open space shall be governed by
Article 20. Open space may be clustered across multiple lots to facilitate the common use of the land.
(b) At least twenty-five percent (25%) of the combined floor area of all buildings constructed within an Entertainment Mixed-use Project shall be located on the second or higher floor.
(c) Where multiple principal structures are proposed within an Entertainment Mixed-use Project:
1. Mixing within a single structure shall not be required within the first forty percent (40%) of floor area for commercial use, or after the fifteen percent (15%) minimum mix of residential to nonresidential uses has been achieved in multiple-use structures. Once the project has reached fifteen thousand (15,000) square feet of commercial use, additional commercial square footage will not be required.
2. The front building wall of at least fifteen percent (15%) of all buildings shall be required to be built at the zero-foot setback line.
(d) Buildings within an Entertainment Mixed-use Project may be a maximum of eighty (80) feet in height, regardless of location, provided a 1:1 height-to-yard ratio is maintained from any residential zone.
(e) In addition to the uses otherwise permitted above in the MU-3 zone, the following uses shall also be permitted in an approved Entertainment Mixed-use Project:
1. As Principal Permitted Uses:
a. Restaurants, cocktail lounges and nightclubs, with entertainment, dancing, and/or sale of malt beverages, wine or alcoholic beverages.
b. Motels, hotels, extended-stay hotels, and hosted or un-hosted short-term rentals as regulated in Section
3-13.
c. Indoor amusements, such as billiards or pool halls, skating rinks, theaters, or bowling alleys.
d. Athletic club facilities.
e. Drive-in restaurants, provided that all outside food service shall be at least one hundred (100) feet from any residential zone.
f. Animal hospitals or clinics, including offices of veterinarians, provided that such structures or uses, not including accessory parking areas, shall be at least one hundred (100) feet from any residential zone.
g. Grandstands associated with horse race tracks with allotted race meets, including simulcast facilities, accessory restaurants and/or the serving of alcoholic beverages provided that such structures or uses, not including accessory parking areas, shall be at least one hundred (100) feet from any residential zone.
2. As Accessory (clearly incidental and subordinate) Uses:
a. Outdoor patios, when accessory to any permitted restaurant.
b. Conference centers, banquet facilities and convention facilities, when accessory to a hotel or motel.
a. Self-service car washes.
(Code 1983, § 28-5; Ord. No. 307-2002, § 1, 12-5-2002; Ord. No. 134-2004, § 1, 6-24-2004; Ord. No. 59-2006, § 3, 3-9-2006; Ord. No. 15-2009, § 2, 2-12-2009; Ord. No. 60-2009, § 30, 5-7-2009; Ord. No. 129-2009, §§ 43—46, 7-2-2009; Ord. No. 227-2009, §§ 3—6, 11-5-2009; Ord. No.
015-2021, § 8, 3-18-2021; Ord. No.
113-2022, §§ 3, 16, 10-27-2022; Ord. No.
004-2023, § 40, 1-31-2023; Ord. No.
074-2023, § 21, 7-11-2023; Ord. No.
036-2025, § 33, 6-12-2025)