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Lexington City Zoning Code

ARTICLE 28

MIXED USE ZONING CATEGORIES

Sec. 28-1. - Intent.

The intent of this Article is to permit the development of zoning categories which promote the proper locations and regulation of development which inherently permits the mixing of residential and nonresidential uses. Such mixing of uses in appropriate location and subject to appropriate restrictions can create a combination of functions compatible with abutting residential neighborhoods. This Article is intended to provide neighborhood-based employment opportunities; provide support services that enhance livability of neighborhoods; enhance the use of public transit and alternative modes of transportation; revitalize established neighborhood commercial centers; and promote quality infill and redevelopment potential in accordance with the adopted Comprehensive Plan.
(Code 1983, § 28-1; Ord. No. 307-2002 , § 1, 12-5-2002)

Sec. 28-2. - Creation of zones.

This Article hereby creates zoning categories Mixed use 1 (MU-1), Mixed use 2 (MU-2), and Mixed use 3 (MU-3) as specifically regulated hereinbelow.
(Code 1983, § 28-2; Ord. No. 307-2002 , § 1, 12-5-2002)

Sec. 28-3. - Mixed use 1: Neighborhood Node Zone (MU-1).

Mixed use 1: "Neighborhood Node Zone (MU-1 )" is hereby created and regulated as follows:
(a)   Location Criteria. MU-1 shall only be permitted on parcels which meet all of the following criteria:
1.   The parcel must contain a combined total frontage of at least one hundred (100) feet of the intersection of two (2) streets, one (1) of which has the functional classification of arterial or collector, and must be located inside the Urban Service Area boundary.
2.   The parcel must contain at least five thousand (5,000) square feet and may not exceed a maximum of one-half (½) acre.
(b)   Principal Permitted Uses. The following shall be principal permitted uses in the MU-1 zone:
1.   Dwelling units.
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 considered accessory uses in the MU-1 zone:
1.   The accessory uses permitted in the P-1 and B-1 zone except for drive-through facilities.
(d)   Conditional Uses. The following shall be conditional uses in the MU-1 zone:
1.   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.
(e)   Prohibited Uses. The following uses shall be prohibited in an MU-1 zone:
1.   The following principal uses, in the B-1 zone: automobile service stations; parking structures; outdoor miniature golf or putting courses; circuses and carnivals on a temporary basis; indoor theaters; arcades, including pinball and electronic games; pawnshops.
2.   The following accessory use in the B-1 zone: drive-through facilities.
3.   All B-1 conditional uses.
4.   All uses listed as prohibited in the B-1 zone.
(f)   Lot, Yard, and Height Requirements. Lot, yard, and height requirements shall be as follows:
1.   Floor Area Ratio: Maximum 1.0.
2.   Height: Thirty-five (35) feet Maximum.
3.   Front Yard: No limitation for first or second story; any third floor shall be set back at least fifteen (15) feet; also see Subsection (h)(5) of this section, below.
4.   Each Side Yard:
For one- and two-story structures, ten (10) feet.
For three-story structures, twenty (20) feet.
5.   Rear Yard: Ten (10) feet or thirty percent (30%) of lot depth, whichever is greater.
6.   Open Space: See Article 20 for open space regulations.
7.   Lot Coverage: No limitation.
(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.
2.   Only one (1) principal structure shall be permitted per MU-1 site.
3.   All residential uses shall be required to be in the same structure as nonresidential uses.
4.   Within the Infill and Redevelopment Area, at least sixty percent (60%) of the front building wall 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.
5.   Signage shall be as permitted and restricted under Section 17-11(e).
(Code 1983, § 258-3; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 134-2004 , § 1, 6-24-2004; Ord. No. 59-2006 , § 1, 3-9-2006; Ord. No. 129-2009 , §§ 36—38, 7-2-2009; Ord. No. 99-2011 , § 15, 8-25-2011; Ord. No. 015-2021, § 6, 3-18-2021; Ord. No. 113-2022, §§ 3, 13, 10-27-2022; Ord. No. 004-2023, § 38, 1-31-2023; Ord. No. 036-2025, § 31, 6-12-2025)

Sec. 28-4. - Mixed use 2: Neighborhood Corridor Zone (MU-2).

Mixed use 2: "Neighborhood Corridor Zone (MU-2)" is hereby created and regulated as follows:
(a)   Location Criteria. MU-2 shall only be permitted on parcels that meet all of the following criteria:
1.   The parcel must be located within the Urban Service Boundary 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 StreeWersailles 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 one-half (½) acre and may not exceed a maximum area of four (4) acres.
(b)   Principal Permitted Uses. The following shall be principal permitted uses in the MU-2 zone:
1.   Dwelling units.
2.   The principal permitted uses of the P-1 and B-1 zone except as specifically prohibited hereinbelow.
(c)   Accessory Uses. The following shall be accessory uses in the MU-2 zone:
1.   The accessory uses permitted in the P-1 and B-1 zones, except for drive-through facilities.
(d)   Conditional Uses: The following shall be conditional uses in the MU-2 zone:
1.   Drive-through facilities, as permitted in Section 8-16(d)5.
2.   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.
(e)   Prohibited Uses. Prohibited uses shall be as for the MU-1 zone, except for drive-through facilities which are permitted as a conditional use.
(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: Fifty-five (55) feet.
3.   Front Yard: No limitation for first or second story; any third and 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; also see Subsection (h)(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 seventy-five percent (75%).
(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-2 project has reached ten thousand (10,000) 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-2 zone shall be as permitted and restricted under Section 17-11(n) of this Zoning Ordinance.
(Code 1983, § 28-4; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 134-2004 , § 1, 6-24-2004; Ord. No. 59-2006 , § 2, 3-9-2006; Ord. No. 15-2009 , § 1, 2-12-2009; Ord. No. 60-2009 , § 29, 5-7-2009; Ord. No. 129-2009 , §§ 39—42, 7-2-2009; Ord. No. 99-2011 , § 16, 8-25-2011; Ord. No. 015-2021, § 7, 3-18-2021; Ord. No. 113-2022, §§ 3, 15, 10-27-2022; Ord. No. 004-2023, § 39, 1-31-2023)

Sec. 28-5. - Mixed use 3: Mixed use Community Zone (MU-3).

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:
1.   Dwelling units.
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.
3.   As Conditional Uses:
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)

Sec. 28-6. - Provisions applicable to all mixed use zones.

Provisions applicable to all mixed-use zones shall be as follows:
(a)   Development Plan Required. All applications for a zone map amendment shall require the accompanying submission of a preliminary development plan. No development or occupancy of any existing structure for mixed use shall occur until a final development plan has been approved and certified. In addition to all requirements for development plans contained in Article 21 , the developments within these zones shall comply with provisions of Subsections (b) through (g) of this section, below.
(b)   Pedestrian Accommodation. Pedestrian accommodation shall be as follows:
(1)   At least one (1) primary street-level entrance to a building that faces any public street shall be oriented toward the public street.
(2)   For at least one (1) location adjoining the street, a pedestrian entryway, including landscaping elements, has been provided to the site.
(3)   Where two (2) or more buildings are proposed, they shall be arranged in a manner that provides a centralized open space area, such as a plaza, courtyard, or similar feature.
(4)   Sidewalks shall be provided along each road frontage, with connections provided to each principal structure, parking area, and open space area.
(5)   A six-foot minimum unobstructed pedestrian walkway shall be provided to accommodate landscaping, street trees, street furniture, sidewalk cafes or other obstacles.
(6)   For any development within the Downtown Streetscape Master Plan Area, the development shall adhere to the provisions of that plan.
(c)   Building Features. Shall be as follows:
(1)   For every primary wall plane:
a.   A change of at least five (5) feet in depth and eight (8) feet in length shall be made for every eighty (80) feet of length or fraction thereof; or
b.   Implementation of a minimum of three (3) of the following for every sixty (60) feet of length or fraction thereof:
1.   A change of at least one (1) foot in depth for at least one (1) story;
2.   A change in wall height of at least two (2) feet;
3.   A change in exterior material type, style, or finish for at least one (1) story;
4.   A minimum of twenty percent (20%) of the ground floor building face shall be transparent glass, including windows and doors.
(2)   For every side or rear wall plane:
a.   A change of at least eight (8) feet in length and five (5) feet in depth shall be made for every one hundred (100) feet in length; or
b.   Implementation of a minimum of three (3) of the following for every eighty (80) feet of length or fraction thereof:
1.   A change of at least one (1) foot in depth for at least one (1) story;
2.   A change in wall height of at least two (2) feet;
3.   A change in exterior material type, style, or finish for at least one (1) story;
4.   A minimum of twenty percent (20%) of the ground floor building face shall be transparent glass, including windows and doors.
(3)   The primary wall plane shall provide at least one (1) of the following features at ground level:
a.   A balcony at least four (4) feet by five (5) feet.
b.   A bay window with at least a one-foot offset, containing a minimum of twenty (20) square feet.
c.   A covered entrance at least three (3) feet by three (3) feet.
d.   A porch at least four (4) feet by six (6) feet, with a floor at least twelve (12) inches above grade.
e.   A recessed entrance at least three (3) feet by five (5) feet.
(4)   At least ten percent (10%) of any building face shall be transparent glass, including windows and doors.
(d)   Location and Assignment of Provided Off-Street Parking. At least fifty percent (50%) of provided parking spaces shall be located so as to not project between any front building face and any adjoining street, except an alley. The Planning Commission may require designation of certain spaces for use of residents only on the development plan.
(e)   Accessory Structures. Shall be regulated as follows:
1.   The sides of any parking structure shall include one (1) or more of the following features:
a.   First floor retail or office uses.
b.   Murals or public art on at least fifteen percent (15%) of the building face.
c.   Display cases on at least ten percent (10%) of the building face.
d.   Landscaping in an area of at least five (5) feet in width, with plantings as specified in Article 18 for edges of vehicular use areas.
2.   Any garage doors shall meet one (1) of the following criteria:
a.   The garage door shall face perpendicular to or away from any adjoining street.
b.   The garage door shall be offset at least four (4) feet behind the primary wall plane.
c.   If flush with the primary wall plane, the garage door shall not cover more than thirty percent (30%) of the surface area of the wall plane.
(f)   Parking for Bicycles. For projects with three (3) or more dwelling units, four (4) bicycle rack spaces shall be provided per every three (3) units, with a maximum requirement of twelve (12) spaces.
(g)   Increased Setback for Building Height Differences. In cases where the proposed mixed-use structure(s) have a height differential of greater than ten (10) feet from immediately adjoining residential structures, a minimum 1:1 height-to-yard ratio for the adjoining side yard shall be provided.
(Code 1983, § 28-6; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 129-2009 , §§ 47, 48, 7-2-2009; Ord. No. 35-2015 , § 1, 4-30-2015; Ord. No. 113-2022, § 17, 10-27-2022; Ord. No. 036-2025, § 34, 6-12-2025)

Sec. 28-7. Reserved.

Editor's note(s)-Ord. No. 59-2006, § 4, adopted March 9, 2006, repealed the former § 28-7 and renumbered § 28-8 as § 28-7 as set out herein. Former § 28-7 pertained to signage and derived from Ord. No. 307-2002, § 1, 12-5-2002. Former § 28-7, “Effect of historic zoning” repealed by Ord. No. 036- 2025, § 35, 6-12-2025.