Lexington City Zoning Code
ARTICLE 6
AMENDMENTS
Sec. 6-1. - Application for Zoning Map Amendment.
A proposal for amendment to the zoning map may originate only with the Commission, the Lexington Fayette Urban County Council, the owner of the subject property, or by a person having written authorization from the owner of the subject property. Regardless of the origin of the proposed amendment, an application must be filed with the Commission requesting the proposed amendment in such form and accompanied by such information as required by this Zoning Ordinance and the by-laws of the Commission. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees as established by the Commission, however, there shall be no filing fee for an amendment requested by the Lexington-Fayette Urban County Council, the Commission, or any other governmental agency. Upon the filing of an application for a map amendment by a governmental body, the Commission shall promptly notify the owner of the subject property as required by KRS 100.
(a) Traffic Impact Studies. All significant developments requiring a Zoning Map Amendment shall submit a Traffic Impact Study. As used herein, the term "significant developments" shall mean any development which will generate more than one hundred (100) new trips and will have a potential impact on areas of congestion bottle-necks and high crash areas as identified by Transportation Planning staff; or alternatively, two hundred (200) or more additional (new) peak trips during the adjacent roadway's peak hour or the development's peak hour. The applicant shall have the responsibility of conducting and paying for the study. The preparer of a Traffic Impact Study shall be listed as pre-qualified by the Kentucky Transportation Cabinet in the service areas of Traffic Engineering or Transportation Planning.
The Urban County Government will cooperate and coordinate with the applicant's team to provide any available data. To the extent that the Urban County Government has done any independent traffic study pertinent to the proposed development, the results of such study shall be made available to the applicant.
Anticipated roadway improvements shall be determined by a review of the Transportation Improvement Program and in consultation with staff from the Divisions of Planning, Traffic Engineering, the Kentucky Transportation Cabinet, and other agencies as deemed appropriate. If the proposed development is within one (1) mile of any county boundary line, then any proposed roadway improvements in the adjoining county shall be included in the study.
The Transportation Planning staff shall review, analyze, and make recommendations on any Traffic Impact study to be submitted as evidence in a rezoning hearing regardless of whether or not such study is required by this Zoning Ordinance.
(b) The following are the requirements of a traffic impact study:
1. The analysis should be presented in a straightforward and logical sequence, and should begin with study purpose and objectives. If the development proposal will likely result in a future Subdivision Regulation waiver request of any part of the transportation infrastructure, then additional development scenarios which meet the regulations will also need to be modeled and/or evaluated in addition to the applicant's proposal, as determined by the Transportation Planning staff.
2. Description of the site and study area. Care should be taken to include all known congested locations that may be impacted by the proposed development. The scope of the study area should be measured from the boundary of the property to the arterial intersections in all directions within one (1) mile, or as otherwise necessary as agreed to with Transportation Planning staff.
3. Existing conditions in the area of the development to include current AADT and Peak Hour traffic volume counts on the adjacent road or roads and intersections (including turning movements), existing level of service on roadways and physical characteristics of the subject roadways. Average peak hour traffic volume shall be the highest average peak hour volume for any weekday 24-hour period.
4. Anticipated nearby development, to the extent that the information can be obtained from existing data compiled by the Transportation Planning staff.
5. A plan of the proposed development.
6. The proposed number and type of dwelling units for residential development and for nonresidential developments, the square footage, employees or other relevant trip generation variables of all buildings and a description of their use.
7. Documented trip generation for each land use and total trip generation, including assumptions and reasoning and the source(s) of trip generation. Additionally, any adjustments to trip generation rates to reflect pass-by trips captured, mixed use, walk-ins, etc., should be justified in the study report.
8. Trip distribution and assignment, including methodology, assumptions, and reasoning underlying the distribution and assignment. Additional assessment of anticipated commercial vehicles will be necessary if a proposed nonresidential use is defined in the ITE industrial category (100 series) for FHWA Class 7 or above.
9. Full development year traffic volumes (assuming full buildout and occupancy) composed of all of the following:
(a) Existing traffic volumes.
(b) Non-site traffic volume growth in the corridor between the existing year and the full development year.
(c) The traffic volume added by the proposed development.
10. A description of any government initiated roadway/intersection improvements which have been assumed as being in place at full development.
11. Capacity, queue lengths, functional area of operation of intersections, and level of service determination during the peak or critical period(s) for the full development year for all affected streets/roads and all intersections, within the study boundary.
12. An assessment of the change in roadway and intersection operating conditions resulting from the development traffic.
13. Recommendations, if any, for site access and public transportation improvements needed to maintain traffic flow to, from, within, and past the site at an acceptable and safe level of service (level of service D or E, if agreed to by Transportation Planning staff).
14. An assessment of and recommendations regarding any concerns in the study area related to safety, neighborhood traffic calming techniques, and multi-modal improvements to encourage a mode-shift from single-occupancy vehicles including, but not limited to, pedestrian, bicycle, transit, or ridesharing programs.
15. If the proposed use will generate 600 or more peak hour trips, then a mapped assessment of the access to opportunity shall be provided. The mapped assessment shall demonstrate access to the number of households, employment, schools, parks, public amenities and shopping available within a 15-minute walk and bicycle route, and a 30-minute transit mode from the subject property. If necessary, include any recommendations to improve equitable transportation options and/or priorities to increase access to opportunities in the study area.
16. Recommendations for all public infrastructure improvements and noting which are proposed as part of the development at the developer's expense.
Sec. 6-2. - Application for zoning ordinance text amendment.
A proposal for amendment to the text of this Zoning Ordinance may originate with any person or governmental body. An application for a Zoning Ordinance Text Amendment must be filed with the Commission requesting the proposed amendment in such form and accompanied by such information as required by this Zoning Ordinance and the by-laws of the Commission. At the time of filing an application, a non-returnable filing fee shall be paid according to the schedule of fees as established by the Commission; however, there shall be no filing fee for an amendment requested by the Lexington-Fayette Urban County Council, the Commission, or any other governmental agency.
(Code 1983, § 6-2; Ord. No. 263-83 , § 1, 12-15-1983)
Sec. 6-3. - Pre-application conference for text amendments and zone map amendments.
Prior to filing an application for a text amendment or a zone map amendment, the applicant shall meet with appropriate staff members of the Division of Planning to discuss the proposed amendment. The purpose of this conference is to discuss, at the earliest stages, the requirements, procedures and issues related to the proposed amendment. It is intended that this conference will help to alleviate possible conflicts by early recognition of existing conditions, necessary facilities, the recommendations of the adopted Comprehensive Plan and other issues related to the proposed amendment. 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 the filing date. The staff shall keep a record of the conference date and include the information in the records of the text amendment or the map amendment application. Where a development plan is also required to be submitted in conjunction with a zone map amendment, the applicant should discuss both the plan and the zone map amendment at the same conference. The Division of Planning shall not accept an application for a zone map amendment or a text amendment for which a pre-application conference has not been held.
(Code 1983, § 6-3; Ord. No. 263-83 , § 1, 12-15-1983)
Sec. 6-4. - Commission procedure.
Upon the filing of an application for an amendment to the Zoning Map or the text of this Zoning Ordinance, or a duly imposed binding condition or restriction as set forth in Section 6-7, the Commission shall direct its staff to review the application, make whatever studies the Commission deems necessary, and report its findings at a public hearing. In addition, the Commission may require the applicant to submit further information subsequent to the filing of an application, as provided by KRS 100 and the by-laws of the Commission. A development plan may be required as set forth in Section 21-3.
(a) Public Hearing on Amendment Application. After notice of the public hearing as provided in Subsection (b) of this section, the Commission shall hold a public hearing and vote to recommend approval or disapproval of the proposed amendment within sixty (60) days of the date of filing for any Council initiated text amendment, within six (6) months of the date of filing for all other text amendment requests, within six (6) months of the date of filing of any H-1 or ND-1 Zoning Map Amendment, or within ninety (90) days of the date of filing of all other zoning map or binding conditions or restriction amendment requests, unless the time is extended by the request of or the agreement of the applicant. At the public hearing, the Commission shall receive the report of the staff, orally or in writing, and shall hear the testimony of the staff members as it sees fit. The Commission shall allow the applicant, protestors, and other interested citizens, to testify and rebut the evidence presented by other parties, provided that the Chairman shall have the power to limit repetitive testimony and exclude irrelevant testimony and evidence.
(b) Notice of Public Hearing Before the Planning Commission. Before voting upon any proposed text amendment, zone map amendment, or binding condition or restriction amendment, notice of the time, place and reason for holding a public hearing shall be given by one (1) publication in the newspaper of highest circulation in Fayette County, Kentucky, not earlier than twenty-one (21) days or later than seven (7) days before the public hearing. In addition, for any map amendment, or binding condition or restriction amendment, notice of the public hearing shall be posted on the subject property for fourteen (14) consecutive days prior to the hearing, and notice shall be given by first-class letter at least twenty-one (21) days in advance to owners of all property within a 500-foot radius of the subject property. In the event that the subject property adjoins land which is zoned Agricultural Urban (A-U), Agricultural Rural (A-R), Agricultural Natural (A-N), or Agricultural Buffer (A-B), notification shall be given by first-class mail to not only those properties within a 500-foot radius of the subject property, but to the next two (2) properties beyond those included in the 500-foot radius; but in no event shall notice be required for property more than twenty-four hundred (2,400) feet from the subject property for a zone change or variance request, or more than one (1) mile from the subject property for a conditional use request in conjunction with a zone change as allowed in Subsection (c) of this section. For any Council- or Commission-initiated map amendment, notice by first-class letter shall be given to all owners of property, the classification of which is proposed to be changed, at least thirty (30) days prior to the public hearing.
(c) Conditional Uses and Variances Allowed at the Time of Zoning. The Planning Commission may hear and act upon requested conditional uses and variances associated with a zone change. If the Planning Commission should choose to hear a conditional use or variance request, the Planning Commission shall have all of the powers and responsibilities of the Board of Adjustment, as defined in Sections 7-6(a) and 7-6(b) of this Zoning Ordinance. All conditional use and variance applications shall be acted upon by the Planning Commission within ninety (90) days from the date of the application, unless postponed further by the applicant.
(d) Recommendation of Commission for Zoning Map Amendment.
(1) Before recommending to the Lexington-Fayette Urban County Council that an application for amendment to the Zoning Map be granted, the Commission shall find that the map amendment is in agreement with the Comprehensive Plan adopted by the Commission; or, in the absence of such a finding, that:
a. The existing zoning classification given to the property was inappropriate and the proposed zoning classification is appropriate; or
b. There have been major changes of an economic, physical or social nature within the area involved, which were not anticipated in the Comprehensive Plan adopted by the Commission and which have substantially altered the basic character of such area.
(2) The findings of fact made by the Commission shall be recorded in the minutes and records of the Commission. The Commission shall vote to recommend that an application for amendment to the Zoning Map be approved, approved with binding conditions or restrictions, or disapproved. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed thirty (30) days, at the end of which, if the tie has not been broken, the application shall be forwarded to the Urban County Council without a recommendation of approval or disapproval.
(e) Recommendation of Commission for Text Amendment. After voting to recommend that an application for amendment to the text of this Zoning Ordinance be granted or denied, the Commission shall forward its recommendation in writing to the Lexington-Fayette Urban County Council.
(Code 1983, § 6-4; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 173-86 , § 1, 8-28-1986; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 174-88 , § 1, 7-14-1988; Ord. No. 245-88 , § 1, 10-20-1988; Ord. No. 211-99 , § 1, 7-8-1999; Ord. No. 307-2002 , § 1, 12-5-2002; Ord. No. 72-2009 , § 1, 5-14-2009; Ord. No. 139-2012 , § 1, 11-15-2012)
Sec. 6-5. - Forwarding of the planning commission's action to the urban county council.
Within fourteen (14) days of the Commission's final action to recommend that a zone map amendment be approved, approved with binding conditions or restrictions, or disapproved, or that a binding condition or restriction amendment be modified, the development plan(s) and/or other plans filed in conjunction with the map amendment shall be certified by the Commission's Secretary as set forth in Section 21-4 herein, or else the final action of the Commission on the zone map amendment shall be null and void. Any further consideration of the zone map amendment shall be treated as a new application and shall be reviewed as set forth herein. Upon certification of the plan(s), the Commission's Secretary shall forward its report in writing to the Urban County Council. This report shall include at least the application, legal description of the property, notification area map, staff report, minutes of the Planning Commission public hearing, and the findings of fact and conclusions of law and the recommendation of the Planning Commission, including any binding conditions or restrictions to be imposed as set forth in Section 6-7 below.
(Code 1983, § 6-5; Ord. No. 174-88, § 1, 7-14-1988; Ord. No. 036-2025, § 3, 6-12-2025)
Editor's note(s)—Ord. No. 174-88, § 1, adopted July 14, 1988, renumbered the former §§ 6-5 and 6-6 as §§ 6-6 and 6-8 and enacted a new § 6-5 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
Sec. 6-6. - Action by Lexington-Fayette Urban County Council on Zoning Map Amendments.
The Lexington-Fayette Urban County Council shall take final action upon a proposed map amendment within ninety (90) days of the date upon which the Planning Commission takes its final action upon such a proposal. The Council shall not act upon a proposed amendment to the Zoning Map until it shall have received the written report from the Commission. Upon receiving the report, the Council may adopt the recommendation of the Commission without a public hearing or may elect to hold a new public hearing. In the event that the Council shall elect to have a public hearing, notice of such hearing shall be in the same manner as the notice required to be given under Section 6-4(b) herein. The Council shall allow testimony from members of the staff, the applicant, protestors, and any other interested citizens, and it shall allow parties to rebut the evidence presented by other parties, provided that the Mayor or presiding officer of the Council shall have the authority to limit repetitive testimony and to exclude irrelevant testimony or evidence. Regardless of whether or not the Council holds a public hearing, the Council may order a written transcript of the Planning Commission's hearing to be prepared for distribution to each Council member. In the event the Council shall order the preparation of a transcript, it shall be prepared at the cost of the applicant, certified by the Secretary of the Commission, and distributed to each Council member at least forty-eight (48) hours prior to second reading of the ordinance pertaining to the Zoning Map Amendment. It shall take a majority of the entire Lexington-Fayette Urban County Council to override the recommendation of the Commission, and it shall take a majority of the entire Council to adopt a zone map amendment whenever the Planning Commission forwards the application to the Council without a recommendation due to a tie vote.
(Code 1983, § 6-6; Ord. No. 263-83 , § 1, 12-15-1983; Ord. No. 174-88 , § 1, 7-14-1988; Ord. No. 245-88 , § 1, 10-20-1988)
Editor's note(s)—See the editor's note to § 6-5.
Sec. 6-7. - Conditions to granting a zone map amendment.
Pursuant to KRS 100.203(8), the Planning Commission or the Urban County Council may, as a condition to granting a map amendment, restrict the use of the property affected to a particular use, or a particular class of use, or a specified density within those permitted in a given zoning category; impose architectural or other visual requirements or restrictions upon development in areas zoned historic; and impose screening and buffering restrictions upon the subject property. In recognition that the aforementioned powers may be useful in accomplishing the purposes set forth in Section 1-3, but at the same time in recognition that such powers should be thoughtfully and sparingly used, the method whereby such restrictions or conditions may be imposed, modified, removed, amended and enforced is set forth below.
(a) Criteria and Terms. A binding restriction or condition may be imposed whenever one (1) or more of the specifications of this Zoning Ordinance for the proposed zoning category, if exercised by the applicant, would impair the integrity and character of the area in which the subject property is located or adjoining areas, unless restrictions or conditions as permitted in this Article are imposed in addition to those imposed in the Zoning Ordinance. Such restriction or condition may include matters set forth in this section 6-7
. No restriction or condition may be imposed which shall deprive the applicant of a reasonable use of the land or create an unnecessary hardship on the applicant.
(b) Procedure. Imposition of binding restrictions or conditions may be considered at any point in the Zoning Map Amendment procedure. However, before the Commission recommends such a restriction or condition or the Urban County Council adopts the same, it shall make findings of fact and conclusions of law which are supported by substantial and competent evidence; which are not arbitrary or capricious; and which demonstrate that the effect of the proposed Zoning Map Amendment on the public health, safety and welfare in the area in which the subject property is located and adjoining areas has been considered. Conditions or restrictions may be amended, modified or removed by the established map amendment procedures established in section 6-4
, except that alternate findings to address the modification, removal or amendment shall be considered by the Planning Commission as set forth under Subsection (c) of this section. Only when the Urban County Council holds its own public hearing or reviews the record and the transcript of the Commission hearing may the Council impose a binding restriction or condition not recommended by the Commission, or modify or remove a restriction recommended by the Commission. Any binding restriction or condition finally imposed after completion of the Zoning Map Amendment process shall be included in the Urban County Council ordinance adopting the Zoning Map Amendment, a copy of which the Urban County Council Clerk shall furnish to the Divisions of Building Inspection and Planning.
(c) Amendment. Modification, removal or amendment of conditions or restrictions shall be as follows:
(1) Restrictions or Conditions Adopted by the Urban County Council. The Urban County Council shall have final authority to consider and act upon requests for modification, removal or other amendment of a duly imposed binding restriction or condition so designated by the Council at the time of their adoption.
(a) Findings Required. The request may be granted by the Council only if it is found that there has been a major change of an economic, physical or social nature on the subject property or within the area in which the subject property is located, which was not anticipated at the time the binding restriction or condition was imposed, and which has substantially altered the basic character of such area making the restriction or condition inappropriate or improper. The burden shall be on the applicant to establish said finding by a clear preponderance of the evidence.
(b) Procedure. The procedure for review, notice and action on requests to modify, remove or amend an imposed restriction or condition shall be the same as for a zone map amendment. The Council's decision to modify, remove or amend a duly imposed binding restriction or condition shall be final action; and any person or entity claiming to be injured or aggrieved by that action may appeal to Fayette Circuit Court within thirty (30) days after such final action pursuant to KRS 100.347.
(2) Neighborhood Character Design (ND-1) Overlay Zone Standards. The Planning Commission shall have final authority to consider and act upon requests for modification, removal or other amendment of Neighborhood Character Design (ND-1) Overlay Zone standards, which are adopted as map amendment conditions, in accordance with the procedure and requirements set forth in Subsection (c)(1) of this section, except that no Council action shall be required. In the case of a request to modify, remove or amend a Neighborhood Design Character Overlay (ND-1) zone restriction(s), the application shall be reviewed by the Planning Commission for adherence to the requirements set forth in Subsection (c)(2)(a) of this section. In addition, notice shall be given to the members of the Urban County Council, to the Mayor and to the Council Clerk at least fourteen (14) days in advance of the public hearing. Members of the Urban County Council may appear and speak at the public hearing. The Planning Commission's decision to modify, remove or amend a duly imposed binding restriction or condition shall be final action, and any person or entity claiming to be injured or aggrieved by that action may appeal to Fayette Circuit Court within thirty days after such final action, pursuant to KRS 100.347.
(d) Enforcement. Binding restrictions or conditions imposed under this Article shall be enforced through subsequent development plans, subdivision plans, building permits, occupancy permits and other enforcement powers and shall be in addition to requirements imposed by such plans or permits and other laws or regulations.
(e) Judicial Review. Imposition of binding restrictions or conditions pursuant to this Article shall be upheld on review if supported by substantial, reliable and probative evidence found within the record as a whole.
(Code 1983, § 6-7; Ord. No. 37-87, § 1, 3-17-1987; Ord. No. 282-2008, § 1, 12-9-2008; Ord. No. 122-2011, § 10, 9-29-2011; Ord. No. 036-2025, § 4, 6-12-2025)
Sec. 6-8. - Action by Lexington-Fayette Urban County Council on text amendments.
The Lexington-Fayette Urban County Council shall not act upon a proposed amendment to the text of this Zoning Ordinance until it shall have received the written recommendation thereon from the Planning Commission. It shall take an affirmative vote of a majority of the Lexington-Fayette Urban County Council to adopt the proposed amendment.
(Code 1983, § 6-8; Ord. No. 174-88 , § 1, 7-14-1988; Ord. No. 35-91 , § 1, 3-7-1991)
Editor's note(s)—See the editor's note to § 6-5.