Lexington City Zoning Code
ARTICLE 3
GENERAL ZONE REGULATIONS
Sec. 3-1. - Application of zone regulations.
The regulations set by this Zoning Ordinance within each zone shall be minimum or maximum limitations, as appropriate to the case, and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
(a) No building, structure, or land shall hereafter be used or occupied; and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the zone in which it is located unless otherwise specifically permitted in this Zoning Ordinance.
(b) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height, bulk or floor area ratio;
(2) To accommodate or house a greater number of families;
(3) To occupy a greater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards, or other open spaces; or
(5) To have less perimeter and interior lot landscaping for vehicular use area and non-compatible land uses than herein required, or in any other manner be contrary to the provisions of this Zoning Ordinance.
(c) No part of a yard, open space, off-street parking, loading space or other special use area required about or in connection with any building or land, for the purpose of complying with this Zoning Ordinance, shall be included as part of a yard, open space, off-street parking, loading space or other special use area similarly required for any other building or land unless otherwise specifically permitted in this Zoning Ordinance.
(d) No yard or lot existing at the time of adoption of this Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the adoption of this Zoning Ordinance shall meet at least the minimum requirements established by this Zoning Ordinance.
(e) There shall be no more than one (1) principal structure and its accessory structures on any lot or parcel of land in an agricultural zone or in any residential zone, unless otherwise specifically permitted as a Group Residential Project or a Planned Unit Development in this Zoning Ordinance. In all other zones, more than one (1) principal building shall be permitted only if a development plan is approved by the Commission, as provided by Article 21.
(f) Only those uses specifically named as principal, accessory, or conditional uses or substantially similar to principal, accessory or conditional uses are permitted in each zone. All uses not specifically permitted or substantially similar to permitted uses are prohibited. Prohibited uses shall include, but not be limited to, those specifically named as prohibited.
(Code 1983, 3-1; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 22-2017 , § 2(3-1), 3-2-2017; Ord. No. 166-2017 , § 2(3-1), 11-16-2017)
Sec. 3-2. - Conversion of structures.
The conversion of any structure or structures, either residential or nonresidential, so as to accommodate an increased number of dwelling units or families, or another permitted use, shall be permitted only within a zone in which a new building for similar occupancy would be permitted under this Zoning Ordinance. The resulting occupancy shall comply with all requirements governing new construction in such zone, including, but not limited to, floor area, floor area ratios, dimension of yards, open spaces, and off-street parking. The aforesaid requirements with respect to yards shall not apply if the conversion involves no exterior structural changes to a principal building, but shall apply if an accessory building is converted to a principal building.
(Code 1983, § 3-2; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 109-87 , § 1, 6-11-1987; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 166-2017 , § 2(3-2), 11-16-2017)
Sec. 3-3. - Sight triangles for traffic visibility.
Except as permitted herein, in any zone, at any street intersection, railroad crossing, or any driveway intersection, no fence, structure or planting, other than ground cover, shall be erected or installed within the sight distance triangle as shown in the table and the illustrations below.
MAJOR APPROACH
SIGHT TRIANGLES AT INTERSECTIONS1, 2, 3
MINOR APPROACH
PUBLIC OR PRIVATE STREET | DRIVEWAY | |||
PUBLIC OR PRIVATE STREET | DRIVEWAY | |||
MAJOR APPROACH | Major Arterial | L = 325 feet | L = 325 feet | |
R = 150 feet | R = 150 feet | |||
M = 15 feet | M = 15 feet | |||
Minor Arterial | L = 325 feet | L = 275 feet | ||
R = 150 feet | R = 150 feet | |||
M = 15 feet | M = 15 feet | |||
Collector | L = 200 feet | Nonresidential | ||
R = 150 feet | L = 200 feet | |||
M = 15 feet | R = 150 feet | |||
M = 15 feet | ||||
Residential | ||||
L = 150 feet | ||||
R = 120 feet | ||||
M = 15 feet | ||||
Local Street | L = 175 feet | L = 75 feet | ||
R = 130 feet | R = 55 feet | |||
M = 15 feet | M = 10 feet | |||
UNOBSTRUCTED SIGHT TRIANGLE
SIGHT TRIANGLES AT RAILROAD CROSSINGS1, 2, 3
APPROACH
PRIVATE OR PUBLIC STREET OR HIGHWAY | ANY TYPE OF PRIVATE DRIVEWAY | |
Railroad Approach | D = 725' M = 35' or 9 feet behind stop bar, whichever is greater L = 8' | D = 325' M = 25' L = 6' |
Where D' = | Distance along rail | Distance along rail |
Where M' = | Distance from rail/stop bar | Distance from rail |
Where L' = | Distance from edge of pavement | Distance from edge of pavement |
1 The table assumes right angle intersections and straight major approach movements within the sight distance. Situations involving skewed intersections, curvilinear streets and other mitigating factors shall have sight distances, as determined by the Urban County Traffic Engineer.
2 In the B-2, B-2A, and B-2B zones, the sight triangle may be modified at signalized intersections, as determined by the Urban County Traffic Engineer.
3 Wire or chain link fences may be located within the sight triangle when approved by the Division of Traffic Engineering and the Division of Building Inspection upon a finding that visibility would not be impaired.
(Code 1983, § 3-3; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 158-88 , § 1, 7-7-1988; Ord. No. 29-2006 , §§ 1, 2, 2-9-2006; Ord. No. 166-2017 , § 2(3-3), 11-16-2017)
Sec. 3-4. - Agricultural land use exemptions.
Notwithstanding any other provision of this Zoning Ordinance, land which is used solely for agricultural use, as defined herein, shall have no regulations imposed as to building permits, certificates of occupancy, height, yard, or location requirements for agricultural buildings, except that a setback line of thirty (30) feet shall be required for agricultural buildings for the protection of existing and proposed streets and highways; and that all buildings or structures in a designated floodway or floodplain, or which tend to increase flood heights or obstruct the flow of floodwaters, may be fully regulated. Any parcel of land used for an urban agricultural use with the Urban Service Area, as defined herein, shall also be exempt from use restrictions listed in each zone, but buildings proposed for such uses shall be subject to building permit, zoning setback, floodplain setback and certificate of occupancy requirements contained herein.
(Code 1983, § 3-4; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 143-95 , § 1, 6-29-1995; Ord. No. 211-99 , § 1, 7-8-1999; Ord. No. 22-2017 , § 2(3-4), 3-2-2017; Ord. No. 166-2017 , § 2(3-4), 11-16-2017)
Sec. 3-5. - Fallout shelters.
Fallout shelters, as defined by this Zoning Ordinance, shall be permitted as principal or accessory uses in all zones subject to applicable yard, height, area, and other regulations for principal or accessory structures for the zone in which such shelter is located.
(Code 1983, § 3-5; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 166-2017 , § 2(3-5), 11-16-2017)
Sec. 3-6. - Workforce and affordable housing bonuses.
(a) Units that are designated as workforce housing units or affordable housing units, as defined below, 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. Affordable housing units within the defined expansion area shall be subject to Section 23A-2(w).
(b) Where all dwelling units on a lot are provided at an affordable level, the lot shall be granted an affordable housing bonus in use, setbacks, height, FAR, lot coverage, and all other regulations.
(1) Affordable level shall mean eighty (80%) percent or less of the Lexington-Fayette Urban County area median income (AMI) at the time of rental or purchase, for a period of no less than ten (10) years, and where housing expenses, including utilities, shall constitute no more than forty (40%) of monthly household income.
(2) The lot shall be regulated under the provisions as noted below:
a. R-1A, R-1B, R-1C, R-1D, and R-1E zones shall be regulated as the R-1T zone;
b. R-1T zone shall be regulated as the R-2 zone;
c. R-2 zone shall be regulated as the R-3 zone;
d. R-3 zone shall be regulated as the R-4 zone; and
e. R-4 zone shall be regulated as the R-5 zone.
(c) In the Downtown Business Frame (B-2A) zone, where at least fifty (50%) percent of dwelling units of a lot are being provided at an affordable level, developments shall be granted an affordable housing bonus in use, setbacks, height, FAR, lot coverage, and all other regulations per the Downtown Business (B-2) zone. Affordable level shall mean eighty (80%) or less of the Lexington-Fayette Urban County area median income (AMI) at the time of rental or purchase, for a period of no less than ten (10) years, and where housing expenses, including utilities, shall constitute no more than forty (40%) of monthly household income.
(d) Workforce housing units that meet the following requirements shall be granted a workforce housing bonus in use, setbacks, height, FAR, lot coverage, and all other regulations:
(1) Workforce housing dwelling units shall be provided at one hundred twenty (120%) percent or less of the Lexington-Fayette Urban County area median income (AMI), at the time of rental or purchase.
(2) The project shall be restricted for a period of no less than fifteen (15) years.
(3) Projects shall be regulated under the provisions as noted below:
a. R-1A, R-1B, R-1C, R-1D, and R-1E zones shall be regulated as the R-1T zone;
b. R-1T zone shall be regulated as the R-2 zone;
c. R-2 zone shall be regulated as the R-3 zone;
d. R-3 zone shall be regulated as the R-4 zone; and
e. R-4 zone shall be regulated as the R-5 zone.
Sec. 3-7. - General regulations for cemetery protection.
Existing private family cemeteries shall be permitted to remain in all zones. Upon the filing of a development plan or subdivision plan, a private family cemetery shall be preserved and protected in its existing location or relocated within Fayette County unless specifically requested by family or other heirs, and shall be regulated as follows:
(a) Disinterment and relocation of graves shall be accomplished in accordance with all applicable local and state requirements and with the knowledge and approval of the Kentucky Office of Vital Statistics.
(b) Preservation and protection of a cemetery, either left in place or once relocated, shall be subject to the following requirements:
(1) No construction or disturbance of any kind shall occur within fifty (50) feet of a cemetery boundary, regardless of property lines or ownership, except as provided herein (fence, wall, access easement or landscaping).
(2) Screening and landscaping shall be provided as stated in Section 18-3(a)(1). If a cemetery is located on a larger tract of property, then screening shall be located adjacent to the cemetery fence inside the 50-foot buffer area.
(3) When a cemetery is identified on land proposed for development, the cemetery boundary shall be established based on historic records, fence lines, gravesite locations or other criteria, as determined by a certified archeologist, prior to any construction or disturbance.
(4) A cemetery boundary study performed by a certified archeologist shall be submitted with any development plan, preliminary subdivision plan, and minor or major subdivision plat for land with identified cemeteries or burial grounds. Such study shall include a map that portrays the location and orientation of graves within the cemetery and the associated geographic coordinates, and a written description of field and archival methods used to document the cemetery.
(5) Any existing cemetery fence, wall and/or gate on the subject property shall be maintained and repaired prior to any site work or disturbance on any surrounding property. Where none exists, a new permanent fence shall be erected prior to any site work or disturbance on the subject property. Such fence shall be constructed of durable and weather-resistant materials (i.e., brick, stone, iron and/or steel).
(6) A statement of maintenance and permanent ownership shall be made on any development plan.
(7) Access shall be provided to the cemetery with a minimum ten-foot-wide access easement.
(Code 1983, § 3-7; Ord. No. 5-2010 , § 1, 1-14-2010; Ord. No. 166-2017 , § 2(3-7), 11-16-2017)
Sec. 3-8. - General regulations for vehicle repairs accessory to a residential use.
Shall be regulated as follows:
(a) Vehicles being repaired shall be parked/stored on a paved surface or on a permitted or legally non-conforming gravel surface if a paved surface is not available.
(b) Major repairs shall be confined to the interior of a garage or other enclosed building, and shall not include any finish painting or clear coating operations.
(c) At outdoor locations, including any unenclosed structure such as a carport, only minor repairs are allowed. Only one (1) vehicle per dwelling at an outdoor location can be under repair at any given time, and repairs must be completed within three (3) days.
(d) Repairs are only allowed on vehicles that are registered to an occupant of the dwelling on the subject property.
(e) Repairs may not be conducted as a business or as part of a commercial operation of any kind.
(f) All waste oil and fluids shall be recycled or disposed of at an approved off-site location in compliance with local, state and federal environmental regulations. Auto parts and tires shall be recycled or disposed of in accordance with current LFUCG Division of Waste Management guidelines and in compliance with local, state and federal environmental regulations.
(Code 1983, § 3-8; Ord. No. 103-2013 , § 2, 9-12-2013; Ord. No. 166-2017 , § 2(3-8), 11-16-2017)
Sec. 3-9. - Parking and storage of business vehicles, trailers, equipment and materials in residential zones.
Shall be regulated as follows:
(a) One business vehicle per dwelling is permitted, provided it has no more than two (2) axles and a GVWR (gross vehicle weight rating) of no greater than fourteen thousand pounds (14,000 lbs.) and is used for daily transportation to and from work. Such a vehicle must be parked on a permitted paved surface or on a legal non-conforming (existed prior to December 5, 2002) gravel surface. Dump trucks, box trucks, cube vans, high-roof cargo vans (greater than eight-foot height, as measured from ground to top of roof), earth-moving machinery, tow trucks, transport wreckers, semi-trucks and tractor-trailers, concession trucks and vans, and flat-bed trucks are specifically prohibited, even if they technically comply with the above limits.
(b) One business trailer per dwelling (open or closed), used in conjunction with an allowed business vehicle, may be parked or stored on a permitted paved surface or legal non-conforming gravel surface. Any such trailer is limited to a length of no greater than twelve (12) feet. Concession trailers are specifically excluded from this category of allowable trailers, even if they technically comply with axle and length limitations.
(c) Trailers, equipment or materials shall not be parked or stored on any public or private street.
(d) Construction materials (such as siding or brick) and salvaged items (such as used appliances or scrap metal) may not be stored.
(e) Business activities (e.g., selling of merchandise or customer visits) shall not take place on the premises, except as allowed by home office provisions or as authorized by a conditional use approved by the Board of Adjustment. Corollary business activities, such as the storage of merchandise or having employees report to the property, are also prohibited.
(Code 1983, § 3-9; Ord. No. 104-2013 , § 2, 9-12-2013; Ord. No. 166-2017 , § 2(3-9), 11-16-2017)
Sec. 3-10. - General regulations for operation of a home office or home occupation.
Shall be as follows:
(a) The use shall be clearly incidental and secondary to use of dwelling purposes with no more than three hundred (300) square feet of the dwelling devoted to each use;
(b) The use shall be operated by and shall employ only residents of the dwelling;
(c) No commodities or merchandise shall be stored on the property other than those produced and/or repaired by the residents on the premises; any firearms being modified or repaired on the premises as part of a home occupation shall be located in a locked safe and shall never be discharged on site;
(d) The residence shall maintain its residential character and shall not be altered or remodeled so as to change the residential appearance of the building;
(e) No outside signage shall be permitted on the premises;
(f) The use shall be located in the dwelling unit and not in any accessory building;
(g) On-site sales or visits to the home by customers, clients, patrons and the general public are not allowed, excluding the pick-up or pre-ordered items or drop-off of items to be repaired;
(h) The use does not involve potentially disturbing equipment, materials or chemicals.
These provisions are not intended to restrict offices accessory to principal permitted agricultural uses located in homes on the same agricultural property.
A home office shall not include offices for escort services.
(Ord. No. 166-2017 , § 2(3-10), 11-16-2017; Ord. No. 086-2021, § 2, 9-16-2021)
Sec. 3-11. - General regulations for operation of a home-based business.
Shall be as follows:
(a) All activities shall comply with the provisions outlined in section 3-10(a) through (f) above;
(b) Any conditions regarding the use of firearms or potentially disturbing equipment, materials or chemicals (e.g., soundproofing or other safety measures) shall be as determined to be appropriate by the Board of Adjustment;
(c) Limitations on hours of operation and frequency of customer/client visits shall be as determined to be appropriate by the Board of Adjustment;
(d) No additional paving for parking shall be permitted;
(e) The use does not adversely affect surrounding properties by excessive traffic generation, noise or odors that might be associated with equipment, materials or chemicals used in the operation of the home-based business.
(Ord. No. 166-2017 , § 2(3-11), 11-16-2017)
Sec. 3-12. - General regulations for accessory dwelling units (ADUs).
(a) Pre-Application Conference. Prior to filing an application for a building permit for an ADU, the applicant shall meet with appropriate staff members of the Division of Planning to discuss the proposed permit. The purpose of this conference is to discuss, at the earliest stages, the requirements, procedures and issues related to the proposed ADU, and to provide guidance for the property owner relative to the Homeowner's Guide to Accessory Dwelling Units (ADU Manual).
It is intended that this conference will help to alleviate possible conflicts by early recognition of existing conditions, necessary facilities, and the recommendations of the ADU Manual pertaining to design, layout, and other considerations. The applicant shall arrange the conference, which shall be held not less than five (5) working days nor more than three (3) months prior to submitting the application.
The staff shall keep a record of the conference date and include the information in the records of the building permit file. The Division of Planning shall not accept an application for a zoning compliance permit for an ADU for which a pre-application conference has not been held.
(b) Construction. An ADU may be created through new construction, an alteration of an existing structure, addition to an existing structure, or conversion of an existing structure to an ADU while simultaneously constructing a new primary dwelling unit on the site. A modular or manufactured home may be utilized as an ADU, provided it meets all other requirements of this section and is attached to a permanent foundation.
(c) Number of Units. One (1) ADU is permitted per single family dwelling per lot.
(d) Minimum Lot Size. None.
(e) Maximum ADU Size. Eight hundred (800) square feet, except, Conversion: There is no limit on the size for the conversion of an existing basement to an ADU, so long as the conversion remains within the footprint of the structure.
(f) Maximum Floor Area (FAR) and Lot Coverage. For an attached ADU, the maximum FAR and lot coverage shall be that of the underlying zone.
(g) Yard requirements. For an attached ADU, the yard requirements shall be those required for a principal structure in the underlying zone.
(h) Maximum Height. For an attached ADU, the maximum height shall be that of the underlying zone.
(i) Off-Street Parking. For ADUs located in a zone with a maximum parking requirement, one (1) additional space may be permitted.
(j) Short-Term Rentals shall be operated in accordance with Section 3-13.
(k) Design Standards.
Entrances: Only one (1) pedestrian entrance to the structure may be located on the primary wall plane of the dwelling unit.
Exterior Stairs: Any exterior stairs to serve as the primary entrance to an ADU within the principal structure shall be located on the side or rear of such the primary dwelling.
However, as per Section 4-4, any alterations that would result in the structure becoming less conforming to those standards it does not meet is not allowed.
(m) Maximum Occupancy Limit. A maximum of two (2) persons and any children related to either of them or under their care through a duly authorized custodial relationship may reside in the ADU.
Sec. 3-13. General regulations for Short Term Rentals (STRs).
(a) All short term rentals shall be licensed by the Division of Revenue and subject to the regulations of Section 13 of the Code of Ordinances.
(b) Except as limited by subsections (I) and (m), the number of Dwelling Units allowed to be utilized as Short Term Rentals per Property:
Zones Allowed | Hosted (Occupancy up to 10) | Hosted (Occupancy >10) | Un-Hosted | # of Dwellings on Property allowed as Short Term Rental Units |
Zones Allowed | Hosted (Occupancy up to 10) | Hosted (Occupancy >10) | Un-Hosted | # of Dwellings on Property allowed as Short Term Rental Units |
Single Family Lots1 | ||||
R-1A, R-1B, R-1C, R-1D, R-1E, R-1T, R-2, R-3, R-4, R-5, EAR-1, EAR-2, EAR-3 | Accessory Use | Conditional Use | Conditional Use | 1 dwelling unit or 1 ADU |
A-R** | Conditional Use | Conditional Use | Conditional Use (with a maximum size of 10 acres) | Hosted: 1 dwelling unit or 1 FEDU** Or: Un-Hosted: 1 dwelling unit |
A-N,** A-B** | Conditional Use | Conditional Use | Prohibited | Hosted: 1 dwelling unit or 1 FEDU |
Multi-Family and Group Residential Lots2 | ||||
R-1T, R-2, R-3, R-4, R-5, EAR-1, EAR-2, EAR-3, CN | Accessory Use | Conditional Use | Conditional Use | 10% max or 1, whichever is greater |
B-1, P-1, MU-1, MU-2, MU-3 | Accessory Use | Accessory Use | Principal Use | 25% max. or 1, whichever is greater |
B-2, B-2A, B-2B, B-4*, I-1*, I-2*, CC, B-6P, MU-3* | Principal Use | Principal Use | Principal Use | No max. |
1Single Family Lots may include either a detached dwelling unit or a subdivided attached dwelling unit as a principal structure.
2Multi-Family and Group Residential Lots may include condominiums and attached single family dwelling units on one lot.
*When part of an Adaptive Reuse Project, Industrial Reuse Project, or Entertainment Mixed Use Project
**Properties in the A-R, A-B, and A-N zone may be subject to other regulations and restrictions that impact the ability to operate short term rental uses.
(c) Maximum Occupancy Limit (for principal and accessory uses): A maximum of two (2) individuals per bedroom, plus an additional two (2) individuals; or a total of 10 individuals, whichever is less. Any host or other permanent residents of the dwelling unit present during the short-term rental period shall count toward the maximum occupancy. Occupancy for accessory dwelling units used as short-term rentals shall be in accordance with Section 3-12(m).
(d) Maximum Occupancy Limit (for conditional uses): The Board shall establish a maximum occupancy for the short term rental use in accordance with the above provision, except the Board may allow additional occupants when there is sufficient evidence that a greater occupancy will not result in overcrowding or create a nuisance.
(e) Detached accessory structures may be used as a Short Term Rental only in a permitted Farm Employee Dwelling Unit or a Detached Accessory Dwelling Unit.
(f) Short Term Rentals shall not be utilized for private events, such as weddings or parties, in which the number of participants exceeds the maximum occupancy limit. No private events shall occur between the hours of 11:00 p.m. and 7:00 a.m. Special events for a commercial purpose shall be prohibited at all times.
(g) For Short Term Rentals regulated as conditional uses, the Board of Adjustment shall take into consideration:
(1) The demonstrated compliance record of the applicant, if they operate other STRs in Lexington.
(2) Whether other STRs in the general vicinity have been cited as a nuisance, including those operated by the applicant.
(3) Whether the property being considered is located within a neighborhood that may be vulnerable to involuntary displacement based upon socio-economic demographics.
(4) For STRs in the Agricultural Rural (A-R), Agricultural Buffer (A-B), and Agricultural Natural-Areas (A-N) zones:
i. The applicant shall provide documentation from the Health Department stating that the septic tank on the property is sufficient to handle the proposed use of the property as a short term rental and based on the number of occupants as part of their application to the Board.
ii. The Board must find that the proposed STR will not have an adverse influence on uses occurring on the subject or adjoining or adjacent properties.
iii. The Board must find that adequate fire safety measures are present within the unit.
iv. The Board must find that adequate parking is available on site, and that there are or will be lighted entrances that are easily visible from the roadway.
v. No short term rental shall be located within a mile of another short-term rental in an A-R. A-B, or A-N zone, measured from the property boundary.
(h) The Chair may admit all pertinent evidence for the Board's consideration, including but not limited to the sworn testimony of those present, letters and documents submitted for the record, and reports from LFUCG staff.
(i) For any conditional use permit approved by the Board of Adjustment for a short term rental, the conditional use permit shall become null and void if the applicant's short-term rental special fee license (as regulated by the Division of Revenue and Section 13 of the Code of Ordinances) lapses or is revoked.
(j) Any Short Term Rental operating in a principal dwelling unit prior to July 11, 2023, that would hereafter be regulated as a conditional use shall be allowed to continue its operation per Article 4-7, but shall utilize the new regulations provided in Sections (a), (c), (e), (f), and (i) above. Such uses shall obtain the license required above from the Division of Revenue no later than January 11, 2024 and be subject to the regulations of Section 13 of the Code of Ordinances. A change in ownership shall require a conditional use permit to be approved by the Board of Adjustment.
(k) Any Short Term Rental operating in a principal dwelling unit prior to July 11, 2023 that is located in a zone that would hereafter prohibit Short Term Rentals shall be allowed to continue its operation as a non-conforming use per Article 4-3, and shall continue to operate in accordance with the definition of a dwelling unit occupied by one family or housekeeping unit, having no more than one rental contract per week, for a total of no more than 52 rentals per year and with an occupancy of no more than 4 unrelated individuals. Such uses shall obtain the license required above from the Division of Revenue no later than January 11, 2024 and be subject to the regulations of Section 13 of the Code of Ordinances.
(l) No Short Term Rental regulated as a conditional use shall be located within six hundred (600) feet of another Short Term Rental that has either received a Conditional Use Permit from the Board or is otherwise a legal non-conforming use pursuant to Section (j), above, except in the A-R, AB, and A-N zones which shall be further regulated pursuant to Section (g)(4) above.
(m) The number of Un-Hosted Short Term Rentals shall not exceed two percent (2%) of all dwelling units within one thousand (1,000) feet in residential zones.
(n) Relief from Sections (I) and (m) may be obtained from the Board of Adjustment on a case-by-case basis, provided the applicant demonstrates that the proposal would not contribute to an overconcentration of Un-Hosted Short Term Rentals in the immediate area and/or adversely affect the housing stock in the immediate area. In approving this relief, the Board must find the request is appropriate for at least one of the following reasons:
(1) The property is adjacent to nonresidential zones that allow Short Term Rentals as a principal or accessory use;
(2) There is a significant environmental feature or minor arterial or higher classification road that separates the proposed Short Term Rental from other Un-Hosted Short Term Rentals within the buffer area;
(3) An Un-Hosted Short Term Rental within the buffer area is located on the perimeter of the buffer area, with part of the property being located outside of the buffer area.
(o) The Board of Adjustment may consider a maximum of ten (10) new conditional use applications for Short Term Rentals per month.