(a)   Intent. This zone is established to preserve the rural character of the agricultural service area by promoting agriculture and related uses, and by discouraging all forms of urban development except for a limited amount of conditional uses.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Land used solely for agricultural purposes, including small farm wineries and equine-related activities, as outlined in KRS 100.

2.   Single-family detached dwellings.

1.   Accessory uses in connection with agriculture, farming, dairying, stock raising or similar uses, such as agricultural structures; stables; farm tours; hayrides; petting zoos; and parking areas, provided all yard requirements for a principal residence are met.

2.   Those specific agricultural uses outlined in KRS 100 that are incidental only to a small farm winery licensed as such by the Commonwealth of Kentucky, such as the manufacture and bottling of wines; tasting rooms for the purpose of serving complimentary samples; sale by the drink or bottle, either on or off premises; and sale and shipment of wine, either wholesale or retail.

3.   Home offices and home occupations.

4.   Temporary roadside stands offering for sale only agricultural products grown on the premises, or value-added product sales primarily from agricultural resources grown or raised on the premises.

5.   Non-commercial recreational facilities, such as baseball fields; soccer fields; polo fields; swimming pools; tennis courts; bicycling and hiking trails and the like.

6.   Private garages, storage sheds, parking lots, and private farm vehicle fueling facilities.

7.   Living quarters, without kitchen facilities and not used for rental purposes, for guests and employees of the premises.

8.   Satellite dish antennas, as regulated in Section 15-8.

9.   Family childcare home.

10.   Mobile homes, as provided in Article 10.

11.   Dwelling units, farm employee, provided all yard requirements for a principal residence are met.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Horse race tracks with allotted race meets, including accessory simulcast facilities, accessory restaurants and/or the serving of alcoholic beverages, and horse riding and training facilities.

2.   Horse sales establishments.

3.   Hospitals for large animals, including equine hospitals.

4.   Plant nurseries.

5.   Commercial greenhouses, but only when all the following conditions are met:

a.   A 20-foot-wide landscape easement shall be provided around all buildings and parking areas or at the perimeter of the tract of land, containing one (1) tree per thirty (30) feet of length or fraction thereof, plus a continuous six-foot-high planting, hedge, fence, wall or earth mound. Plantings shall be both deciduous and non-deciduous. A detailed site plan showing proposed screening shall be provided, and a performance bond or letter of credit shall be posted with the Division of Building Inspection to ensure completion of screening. New screening shall not be required to be planted when existing screening is substantially similar to the screening mentioned above.

b.   No structure shall be built within three hundred (300) feet of any existing residential structure on another lot under different ownership, and driveways shall be one hundred (100) feet from property lines.

c.   There shall be no outdoor display or sale of fungicides, insecticides, chemicals, peat moss, humus, mulches or fertilizer.

d.   No commercial greenhouse shall be located within a floodplain.

e.   The commercial greenhouse shall be located where easily accessible by arterial roads. All roads to the site should be of sufficient width and constructed to safely handle all sizes of trucks. The Board shall review the location of access points to ensure that no traffic hazards are created.

f.   All driveways and parking areas shall be paved or sealed to prevent dust.

6.   Commercial composting, but only when the following conditions are met:

a.   That only the open windrow or static pile method of aerobic processing using plant material, soils and animal manure, be permitted.

b.   That a permit-by-rule or letter of intent from the Division of Waste Management of the Kentucky Natural Resources and Environmental Protection Cabinet be obtained prior to submission of any application to the Board of Adjustment for a conditional use permit.

c.   That no commercial composting operation be conducted closer than one thousand (1,000) feet to any existing residence.

d.   That a development plan indicating access points and circulation routes, proposed signage, screening and landscaping, fencing and other significant geological or physical features of the property be submitted as part of any application.

e.   That the Board specifically consider and be able to find that the proposed use will not constitute a public nuisance by creating excessive noise, odor, traffic or dust.

7.   Agricultural market, but only when the following conditions are met:

a.   The minimum lot size shall be forty (40) acres and shall not be located in A-R zoned land within the Urban Service Area of Lexington-Fayette County.

b.   The property shall be within one (1) mile of an interstate interchange with a state or federal highway, excluding the two (2) interchanges of Interstate 64 with Interstate 75. The property must also have frontage on a state or federal highway, and access is also to be within one (1) mile of the point of intersection of the centerlines of the interchange, and subject to approval by the Kentucky Transportation Cabinet.

c.   All roads to the property shall be of sufficient width, and constructed to safely handle all sizes of trucks when fully loaded during all weather conditions.

d.   The facility shall be at least one thousand (1,000) feet from any property in a residential zone, any property designated as a Rural Settlement (RS) or as an Existing Rural Residential (ERR) land use under the adopted Comprehensive Plan, and any property designated on the National Register of Historic Places. Unless otherwise noted as used herein, the term "facility" shall mean all improvements. Including parking and loading areas, but not including driveways for ingress and egress to the property.

e.   Improvements such as buildings; barns; and other structures, including stormwater detention basins, truck parking and loading areas: above-ground and underground storage tanks and septic sewage disposal systems shall be located outside of any environmentally sensitive area, including any wellhead protection area.

f.   All sales and marketing of livestock shall take place in a completely enclosed building, and such building may not be located closer than one thousand (1,000) feet from a residence on a lot under different ownership; provided, however, that all pre-sale and post-sale handling of livestock shall take place under roof in an area enclosed by a combination of fences and gates in order to secure the livestock while allowing adequate ventilation and air circulation. Agricultural uses, accessory structures, parking lots and driveways shall not be subject to the setback from a residence, as established herein.

g.   There shall be provision for the treatment and/or disposal of waste generated on the site, subject to all applicable local, state and federal requirements. Muck piles or the spreading of animal waste upon any part of the site shall be prohibited.

h.   All parking areas and driveways shall be paved.

i.   Any outdoor lighting proposed must be directed away from, and shielded from, adjacent agricultural and/or residential areas.

j.   The facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations, including those pertaining to noise, air and water quality.

k.   Stormwater management shall be provided pursuant to the requirements of the LFUCG Engineering Manuals, and stormwater shall be treated appropriately prior to its discharge.

l.   Screening shall be provided if the facility is visible from adjoining properties. Such screening and buffering shall be designed so as to minimize the impact of air, noise, odor and/or light generated by the facility upon adjoining properties to the greatest extent practicable. Article 18 of this Zoning Ordinance shall be used to guide the planting of the screening of loading docks and vehicular use areas, but the Board of Adjustment may impose additional screening requirements and landscape buffers, as necessary.

m.   There shall be a minimum of forty-five percent (45%) of the lot, regardless of size, provided as open space, which may not be varied by the Board of Adjustment.

n.   The following accessory uses may also be permitted in conjunction with the operation of an agricultural market, provided that they are operated for uses related to agriculture or services. Supplies and/or equipment used in agriculture, provided that the aggregate of all of these accessory uses may not exceed fifty percent (50%) of the total square footage of all buildings on the property and provided that all such uses are clearly identified on the site plan submitted to the Board of Adjustment:

1)   Offices and meeting rooms for the following: banking, insurance and financial institutions; state and federal government entities related to agriculture: livestock and grain commodity trading: or agricultural education; the combined total floor area of which is not to exceed sixty thousand (60,000) square feet:

2)   One (1) coffee shop or restaurant, not to exceed five thousand (5,000) square feet and shall be located within the facility and not in an independent structure;

3)   Loading docks;

4)   Veterinary clinic, including the sale of livestock pharmaceutical supplies;

5)   One (1) dwelling unit for owners, operators or employees; and one (1) dwelling unit for watchmen or caretakers, which dwelling units may be separate structures:

6)   Retail sale of agricultural products, supplies and related items produced on- or off-premises, including bulk agricultural supplies, with no outdoor storage of such supplies, not to exceed twenty-five thousand (25,000) square feet;

7)   Establishments and lots for the display, sale, service, and repair of farm machinery and equipment. Any building for such purpose is not to exceed twenty thousand (20,000) square feet; areas for indoor service and repair of products sold may not exceed twenty-five percent (25%) of the square footage of the building;

8)   Covered arena for agricultural and/or agritourism events, not to exceed seventy-five thousand (75,000) square feet; and

9)   Agriculture-related museums, not to exceed twenty thousand (20,000) square feet.

o.   A detailed development plan, indicating access points, including construction and circulation routes; parking areas; lighting; screening and landscaping; proposed improvements; accessory uses; detention areas; signage; fencing and other significant physical or geological features of the property shall be submitted as part of any application.

p.   One (1) free-standing sign per street frontage may be permitted, with a maximum of two (2) signs, not exceeding fifty (50) square feet in area and twenty (20) feet in height. In addition to any free-standing sign, wall-mounted signs may also be permitted, not to exceed a total of five percent (5%) of the wall area to which they are attached. Signs may only be non-illuminated or indirectly illuminated.

q.   An operational plan shall also be submitted that outlines:

1)   Provisions for animal and/or product waste disposal, including grease, subject to all applicable local, state and federal requirements.

2)   Provisions for sewage disposal, maintaining air and water quality, and odor management.

3)   Hours of operation, and anticipated hours for truck deliveries and truck shipments.

4)   Routing of trucks on the site, including truck stacking, parking and loading areas.

5)   Protection measures proposed for any environmentally sensitive area located on the site, including any wellhead protection area.

6)   Existing and proposed utilities.

7)   Where appropriate, a Kentucky No Discharge Operational Permit (KNDOP), or other appropriate permit from the Kentucky Division of Water may be required as part of the approval of an Operational Plan.

8)   Any other pertinent information to indicate clearly the orderly operation proposed.

r.   The Board of Adjustment shall specifically consider and be able to find that the proposed use will not constitute a nuisance by creating excessive noise, water pollution, traffic, dust or other public health hazards.

s.   The Board of Adjustment shall review all accessory uses approved as part of an application, on an annual basis, to ensure that such uses are operating in compliance with the restrictions set forth herein, and with any additional restrictions and/or conditions imposed by the Board. The Board may modify or revoke its approval of an accessory use if it finds, based upon the evidence, that such accessory use has been operated in violation of this Ordinance or any conditions or restrictions imposed by the Board. 

8.   Home-based businesses.

9.   Tier I, tier II or tier Ill medicinal cannabis cultivators, but only when the following minimum lot size requirements are met:

a.   The minimum lot size for a tier I medicinal cannabis cultivator shall be ten (10) acres.

b.   The minimum lot size for a tier II medicinal cannabis cultivator shall be forty (40) acres.

c.   The minimum lot size for a tier Ill medicinal cannabis cultivator shall be one hundred (100) acres.

10.   Cemeteries, crematories, columbariums, mausoleums, including animal burial grounds.

11.   Rehabilitation homes.

12.   Non-service facilities of public utilities and common carriers by rail, including office, garage, and warehouse space when not incidental to a service facility as provided in KRS 100.324.

13.   Commercial and non-commercial outdoor recreational facilities (without outdoor lighting, loudspeakers, retail sales of merchandise, restaurants or food service, and the like), including zoological gardens, sportsmen's farms (including outdoor rifle and other firearm ranges), native animal game preserves, outdoor rodeos, hunting and trapping, and fishing lakes, including private clubs for only these uses.

14.   Commercial and non-commercial outdoor recreational facilities (excluding golf courses), with outdoor lighting; but without loudspeakers, retail sales of merchandise, restaurants or food service, and the like; but only when located immediately adjacent to the Blue Sky Rural Activity Center defined in the adopted Comprehensive Plan.

15.   Extraction of crude petroleum or natural gas and mining of metal, anthracite, lignite or bituminous coal.

16.   Mining and/or quarrying 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.

17.   Airports, including accessory restaurants and/or the serving of alcoholic beverages.

18.   Radio, telephone or television transmitting or relay facilities, 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 State of Kentucky.

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

19.   Kindergartens and nursery schools for four (4) and not more than twelve (12) children, only when accessory to a residential use. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

20.   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.

21.   Places of religious assembly, which may be allowed an additional ten thousand (10,000) square feet of building over and above their existing square footage, provided that the structure(s) existed or the religious entity had approval of the Board of Adjustment and owned twenty (20) or more contiguous acres prior to the adoption of the Rural Land Management Plan on April 8, 1999.

22.   Schools for academic instruction, including accessory dormitories.

23.   Kindergartens, nursery schools and childcare centers for four (4) or more children when accessory to a place of religious assembly or school, as permitted herein. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

24.   Concrete mixing, but only when associated with mining or quarrying operations which comply with the requirements of the Mining/Quarrying Ordinance (Code of Ordinances #252-91) and the conditions and requirements as set forth therein, and only under the following conditions:

a.   That no concrete mixing and/or asphalt plant operation be conducted closer than one thousand (1,000) feet from any existing residence on another lot under different ownership.

b.   Noise, Air and Water Quality. The facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations on noise, air, and water quality, including the LFUCG Noise Ordinance (Sections 14-70 through 14-80), Section 6-7, Stormwater Disposal Standards, and Chapter 16 of the Code of Ordinances.

c.   Development Plan. The development plan shall indicate all existing contours, shown with intervals sufficient to show existing drainage courses, retention, stormwater and sedimentation basins; and the names and locations of all streams, creeks, or other bodies of water within five hundred (500) feet.

d.   Drainage and Erosion Control. The facility shall have adequate drainage, erosion, and sediment control measures incorporated in the site/development plan(s). If, in the event adequate drainage, erosion, and sediment control cannot be provided, permits may be denied.

e.   Roads. All access roads that intersect with a State highway or public street shall be paved with an all-weather surface of either asphalt or concrete for the entire length of road from state highway or street to the active loading point. Internal roads may be unpaved, provided dust is adequately controlled.

f.   Screening. Screening shall be provided as defined in accordance with LFUCG Article 18 of this Zoning Ordinance.

g.   Transportation Plan. A Transportation Plan shall be planned (in relationship to the arterial roadway system) to minimize the impact of traffic, dust, and vehicle noise on areas outside the site and shall include the following information:

1)   Product shipping and deliveries;

2)   Mode of transportation;

3)   Route(s) to and from site;

4)   Schedule and frequency of shipments;

5)   Delivery and shipping spillage control methods;

6)   Employee parking.

h.   Storage. Storage and/or stockpiles of hazardous materials shall be in a completely closed building. Outdoor storage, except aggregate, sand and recycled asphalt material, shall be enclosed on at least three (3) sides by a solid wall or fence, not less than six (6) feet nor greater than eight (8) feet in height, and shall be placed at designated site(s) on the development plan. At the cessation of operation, all storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.

i.   Excess Product and Waste. Excess product and waste, when disposed of on-site, shall be in a designated area so as to prevent erosion and contamination of streams and waterways. At the cessation of operation, all outdoor storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.

25.   Asphalt plant, but only when associated with mining and/or quarrying which comply with the requirements of the Mining/Quarrying Ordinance (Code of Ordinances #252-91) and the conditions and requirements as set forth therein, and only under the following conditions:

a.   That no asphalt plant operation be conducted closer than one thousand (1,000) feet from any existing residence on another lot under different ownership.

b.   Noise, Air and Water Quality. The facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations on noise, air, and water quality, including the LFUCG Noise Ordinance (Sections 14-70 through 14-80), Section 6-7, Stormwater Disposal Standards, and Chapter 16 of the Code of Ordinances.

c.   Development Plan. The development plan shall indicate all existing contours, shown with intervals sufficient to show existing drainage courses, retention, stormwater and sediment basins; and the names and locations of all streams, creeks, or other bodies of water within five hundred (500) feet.

d.   Drainage and Erosion Control. The facility shall have adequate drainage, erosion, and sediment control measures incorporated in the site/development plan(s). If, in the event adequate drainage, erosion, and sediment control cannot be provided, permits may be denied.

e.   Roads. All access roads that intersect with a State highway or public street shall be paved with an all-weather surface of either asphalt or concrete for the entire length of road from State highway or street to the active loading point. Internal roads may be unpaved, provided dust is adequately controlled.

f.   Screening. Screening shall be provided as defined in accordance with LFUCG Article 18 of this Zoning Ordinance.

g.   Transportation Plan. A Transportation Plan shall be planned (in relationship to the arterial roadway system) to minimize the impact of traffic, dust, and vehicle noise on areas outside the site and shall include the following information:

1)   Product shipping and deliveries;

2)   Mode of transportation;

3)   Route(s) to and from the site;

4)   Schedule and frequency of shipments;

5)   Delivery and shipping spillage control methods;

6)   Employee parking.

h.   Storage. Storage and/or stockpiles of hazardous materials shall be in a completely closed building. Outdoor storage, except aggregate, sand and recycled asphalt material, shall be enclosed on at least three (3) sides by a solid wall or fence, not less than six (6) feet nor greater than eight (8) feet in height, and shall be placed at designated site(s) on the development plan. At the cessation of operation, all storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.

i.   Excess Product and Waste. Excess product and waste, when disposed of on-site, shall be in a designated area so as to prevent erosion and contamination of streams and waterways. At the cessation of operation, all outdoor storage piles and/or stockpiles shall either be removed or graded and covered with a minimum of eighteen (18) inches of topsoil and/or other soil-making materials, and planted in accordance with Article 18 of this Zoning Ordinance.

26.   Commercial woodlots, but only when the following conditions are met:

a.   A 50-foot open space area shall be required from the perimeter of the tract of land.

b.   No commercial woodlot shall be located within four hundred (400) feet of any residential structure on another lot under different ownership, and driveways shall be a minimum of one hundred (100) feet from property lines.

c.   A 20-foot-wide landscape buffer area shall be provided around all commercial woodlots or at the perimeter of the tract of land, containing one (1) tree per thirty (30) feet of length or fraction thereof, plus a continuous six-foot-high planting hedge, fence, wall or earth mound. New screening shall not be required to be planted when existing screening is substantially similar to the screening mentioned above.

d.   There shall be no storage or sale of wood chips, peat moss, humus, mulches or fertilizer, nor sale to the public of firewood at the site.

e.   No commercial woodlot shall be located within a floodplain or sinkhole.

f.   Commercial woodlots shall be located where easily accessible by Federal or State highways. All roads to site should be of sufficient width and constructed to safely handle all sizes of trucks. The Board shall review the location of access points to ensure that no traffic hazards are created.

g.   All driveways and parking areas shall be paved or sealed to prevent dust.

h.   Wood shall be stored in rows no greater than ten (10) feet in height, no greater than twenty (20) feet in width, and spaced no less than fifteen (15) feet apart.

i.   Cutting and splitting of timber shall not occur in the 50-foot open space area of the site, and only between the hours of 8:00 a.m. to 5:00 p.m.

j.   The Board of Adjustment shall specifically consider and be able to find that the proposed use will not constitute a public nuisance by creating excessive noise, water pollution, traffic, dust or other public health hazards.

k.   No signage shall be permitted on the premises.

l.   Woodlots shall comply with all applicable Federal and State laws.

27.   Bed and breakfast facilities, including farmstays (as defined by KRS 219.011), limited to the rental of not more than five (5) rooms per property, provided that no use permitted under this section shall be located less than one (1) mile, as measured from the facility, from another use permitted under this section. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.

28.   Expansion of golf courses in existence or approved as of January 26, 1995 (including private clubs) with or without driving ranges, including the accessory retail sale of golf-related merchandise, and including an accessory restaurant and/or food service with or without the serving of alcoholic beverages. This use shall not be conducted in conjunction with more than one (1) single-family detached dwelling.

29.   Any uses that are clearly incidental and subordinate to a small farm winery operation licensed as such by the Commonwealth of Kentucky, other than those specifically outlined in KRS 100, and permitted by Subsection (c)2 of this section, which may include special events with or without live entertainment or a small bistro/restaurant of up to two (2) seats per one thousand (1,000) gallons of wine, brandies and cordials produced or compounded on-site per year. For special events, documentation shall be provided that arrangements have been made with the LFUCG Division of Fire and Emergency Services for approval of fire suppression and control; that Fayette County Health Department approval has been obtained for the septic system and/or portable toilets; that Fayette County Health Department approval has been obtained for any food services offered, whether it is provided on-site or catered for each event; and that approval be obtained from the Division of Building Inspection for any temporary structures used (i.e., tents).

30.   Historic House Museum operated by a governmental entity or by a private, non-profit entity that has Internal Revenue Code Section 501(c)(3) status and that is a member of a recognized museum association such as the Kentucky Museum and Heritage Alliance, the American Association for State and Local History, the American Association of Museums, the Association of Living History, Farm and Agricultural Museums and/or Southeastern Museum Conference; provided, however, that the house shall not be expanded beyond its current or documented historic footprint, and all activities and events shall relate to the educational mission of the governmental or non-profit entity.

31.   Agritourism activities to include corn mazes; farm gift shops (limited to five hundred (500) square feet); educational classes related to agricultural products or skills; horse shows involving more than seventy (70) participants; and seasonal activities.

32.   Ecotourism activities to include equine trails; botanical gardens; and nature preserves.

33.   Youth camps.

34.   Hosted Short Term Rentals, as regulated by Article 3-13 of the Zoning Ordinance and provided that no hosted short term rentals permitted under this section shall be located less than one (1) mile, as measured from the property lines, from another short term rental in an A-R, A-N, or A-B zone.

35.   Un-Hosted Short Term Rentals, as regulated by Article 3-13 of the Zoning Ordinance, with a maximum lot size of ten (10) acres and provided that no unhosted short term rentals permitted under this section shall be located less than one (1) mile, as measured from the property lines, from another short term rental in an A-R, A-N, or A-B zone.

36.   Small farm Micro-Distilleries. Distilleries associated with an existing small farm winery licensed under KRS 243.155 as of October 27, 2022 that produces less than 1,000 gallons of distilled spirit annually. The distillery shall be operated under a Class B License as defined in KRS 243.120. At least one agricultural resource grown on the property (e.g., grapes, corn, rye, wheat) shall be a component of the product produced by the distillery. A small farm micro-distillery shall conform to all applicable local, state and federal laws and regulations related to alcoholic beverages.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   Establishments for the processing of crude petroleum, natural gas, or oil shale.

2.   Disposal of garbage and refuse, transfer stations.

3.   Multifamily, two-family or townhouse dwelling units.

4.   Retail sales or services, wholesale, or warehouse uses, except as provided herein.

5.   Offices, museums and institutional uses, except as provided herein.

6.   Commercial recreational facilities, such as amusement parks; bowling alleys; skating rinks; pool or billiard halls; establishments with coin-operated pool or billiard tables, or outdoor theaters.

7.   Hotels, motels, boarding or lodging houses, and campgrounds.

8.   Manufacturing, compounding, assembling, processing and packaging and other industrial uses.

9.   Automobile, truck, ATV, motorcycle, bicycle motocross, or other vehicle or bicycle race tracks.

10.   Garden centers or market gardens, except those activities specifically allowed under the definition of commercial greenhouses and plant nurseries.

11.   Major or minor automobile and truck repair, except as provided herein.

12.   Automobile service stations.

13.   Storage, except as permitted herein.

14.   Junk yards.

15.   Sale of new or used merchandise, except as provided herein.

16.   Slaughterhouses.

17.   Penal or correctional institutions.

18.   Sawmills.

19.   Commercial kennels.

20.   Hospitals, nursing homes, rest homes, orphanages, community residences.

21.   Sewage disposal plants.

22.   Fraternity and sorority houses.

23.   Private clubs, including accessory restaurants and/or the serving of alcoholic beverages, except as permitted herein.

24.   Adult entertainment establishments or other similar adult uses.

25.   Special events, parties, festivals, concerts, and children's rides related to a commercial purpose.

26.   Commercial hiking, bicycling and zip line trails; tree canopy tours; canoeing and kayaking launch sites; or recreational outfitters.

27.   Commercial farm markets. Lot, Yard, and Height Requirements. (See Articles 3 and 15 for additional regulations.)

28.   Medicinal cannabis tier IV cultivators, dispensaries, producers, processors, and safety compliance facilities.

(f)   Minimum Lot Size. Forty (40) acres, except as noted in subsection (o)(1) of this section below.

(g)   Minimum Lot Frontage. Seven hundred fifty (750) feet, except as noted in subsection (o)(1) of this section below.

(h)   Minimum Front Yard. Three hundred (300) feet from the right-of-way line, except for the following:

(1)   Lots which have principal permitted residential structures less than three hundred (300) feet from the right-of-way line; then the minimum front yard shall be coincident with the existing front yard, or fifty (50) feet, whichever is greater;

(2)   Lots which were created by subdivision plats recorded prior to January 26, 1995 shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater;

(3)   Existing lots less than three hundred fifty (350) feet in lot depth shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater.

(i)   Minimum Each Side Yard. Twenty-five (25) feet.

(j)   Minimum Rear Yard. Twenty-five (25) feet.

(k)   Minimum Open Space. No limitation.

(l)   Maximum Lot Coverage. No limitation.

(m)   Maximum Height of Building. Thirty-five (35) feet, except for buildings devoted solely to agricultural uses, then no limitation.

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

(o)   Special Provisions.

1.   Existing single-family residential structures containing, at a minimum, running water; indoor plumbing; and electricity; and which have been legally occupied at any time within six (6) months of the date of the adoption of this section, may be subdivided from its parent tract on a ten-acre minimum lot with a minimum of two hundred fifty (250) feet of lot frontage, provided that the remaining parent tract has a minimum of forty (40) acres, and at least two hundred fifty (250) feet of frontage on an existing road; or approved access as provided for in Section 6-8(1) of the Land Subdivision Regulations. The provisions of this section shall expire three (3) years from the date of its adoption.

(a)   Intent. This zone is established to preserve the rural character of the agricultural service area by establishing agricultural land that can serve as buffer areas between urban uses and agricultural land, and between land outside Fayette County and agricultural uses. It is the intent of this zone to provide separation between conflicting uses by requiring appropriate landscaping, fencing, and compatible uses. The Land Use Element of the Comprehensive Plan shall be used to determine the appropriate location for the Agricultural Buffer (A-B) zone.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Land used solely for agricultural purposes, including small farm wineries and equine-related activities, as outlined in KRS 100.

2.   Single-family detached dwellings.

1.   Accessory uses in connection with agriculture, farming, dairying, stock raising or similar uses, such as agricultural structures; stables; farm tours; hayrides; petting zoos; and parking areas, provided all yard requirements for a principal residence are met.

2.   Those specific agricultural uses outlined in KRS 100 that are incidental only to a small farm winery licensed as such by the Commonwealth of Kentucky, such as the manufacture and bottling of wines; tasting rooms for the purpose of serving complimentary samples; sale by the drink or bottle, either on or off premises; and sale and shipment of wine, either wholesale or retail.

3.   Home offices and home occupations.

4.   Temporary roadside stands offering for sale only agricultural products grown on the premises, or value-added product sales primarily from agricultural resources grown or raised on the premises.

5.   Non-commercial recreational facilities, such as baseball fields; soccer fields; polo fields; swimming pools; tennis courts; bicycling and hiking trails and the like.

6.   Private garages, storage sheds, parking lots, and private farm vehicle fueling facilities.

7.   Living quarters, without kitchen facilities and not used for rental purposes, for guests and employees of the premises.

8.   Satellite dish antennas, as regulated in Section 15-8.

9.   Family childcare home.

10.   Mobile homes, as provided in Article 10.

11.   Dwelling units, farm employee, provided all yard requirements for a principal residence are met.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Hospitals for large animals, including equine hospitals.

2.   Plant nurseries.

3.   Home-based businesses.

4.   Tier I, tier II or tier Ill medicinal cannabis cultivators, but only when the following minimum lot size requirements are met:

a.   The minimum lot size for a tier I medicinal cannabis cultivator shall be ten (10) acres.

b.   The minimum lot size for a tier II medicinal cannabis cultivator shall be forty (40) acres.

c.   The minimum lot size for a tier Ill medicinal cannabis cultivator shall be one hundred (100) acres.

5.   Cemeteries, crematories, columbariums, mausoleums, including animal burial grounds.

6.   Rehabilitation homes.

7.   Non-service facilities of public utilities and common carriers by rail, including office, garage, and warehouse space when not incidental to a service facility as provided in KRS 100.324.

8.   Commercial and non-commercial outdoor recreational facilities (without outdoor lighting, loudspeakers, retail sales of merchandise, restaurants or food service, and the like). Including zoological gardens; sportsmen's farms (including outdoor rifle and other firearm ranges); native animal game preserves; outdoor rodeos; hunting and trapping; primitive campgrounds; and fishing lakes; including private clubs for only these uses.

9.   Extraction of crude petroleum or natural gas and mining of metal, anthracite, lignite or bituminous coal.

10.   Mining and/or quarrying 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.

11.   Radio, telephone or television transmitting or relay facilities, 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 State of Kentucky.

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

12.   Kindergartens and nursery schools for four (4) and not more than twelve (12) children, only when accessory to a residential use. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

13.   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.

14.   Places of religious assembly.

15.   Schools for academic instruction, including accessory dormitories.

16.   Kindergartens, nursery schools and childcare centers for four (4) or more children when accessory to a place of religious assembly or school, as permitted herein. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

17.   Bed and breakfast facilities, including farmstays (as defined by KRS 219.011), limited to the rental of not more than five (5) rooms per property, provided that no use permitted under this section shall be located less than one (1) mile, as measured from the facility, from another use permitted under this section. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.

18.   Any uses that are clearly incidental and subordinate to a small farm winery operation licensed as such by the Commonwealth of Kentucky, other than those specifically outlined in KRS 100, and permitted by Section 8-1(c)2, which may include special events with or without live entertainment or a small bistro/restaurant of up to two (2) seats per one thousand (1,000) gallons of wine, brandies and cordials produced or compounded on-site per year. For special events, documentation shall be provided that arrangements have been made with the LFUCG Division of Fire and Emergency Services for approval of fire suppression and control; that Fayette County Health Department approval has been obtained for the septic system and/or portable toilets; that Fayette County Health Department approval has been obtained for any food services offered, whether it be provided on-site or catered for each event; and that approval be obtained from the Division of Building Inspection for any temporary structures used (i.e., tents).

19.   Agritourism activities to include corn mazes; children's rides; farm gift shops (limited to five hundred (500) square feet); educational classes related to agricultural products or skills; horse shows involving more than seventy (70) participants; and seasonal activities.

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

21.   Hosted Short Term Rentals, as regulated by Article 3-13 of the Zoning Ordinance and provided that no hosted short term rentals permitted under this section shall be located less than one (1) mile, as measured from the property lines, from another short term rental in an A-R, A-N, or A-B zone.

22.   Youth camps.

23.   Commercial and non-commercial indoor and outdoor recreational facilities (excluding golf courses), with outdoor lighting, loudspeakers, and limited concession sales; but without retail sales of merchandise, and the like; but only when located immediately adjacent to the Blue Sky Rural Activity Center defined in the adopted Comprehensive Plan.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   Establishments for the processing of crude petroleum, natural gas, or oil shale.

2.   Disposal of garbage and refuse, transfer stations.

3.   Multifamily, two-family or townhouse dwelling units.

4.   Retail sales or services, wholesale, or warehouse uses, except as provided herein.

5.   Offices, museums, and institutional uses.

6.   Commercial recreational facilities, such as amusement parks; bowling alleys; skating rinks; pool or billiard halls; establishments with coin-operated pool or billiard tables, or outdoor theaters.

7.   Hotels, motels, boarding or lodging houses, except bed and breakfast facilities permitted herein.

8.   Manufacturing, compounding, assembling, processing and packaging and other industrial uses.

9.   Automobile, truck, ATV, motorcycle, bicycle moto-cross, or other vehicle or bicycle race tracks.

10.   Garden centers, market gardens, commercial greenhouses and plant nurseries.

11.   Major or minor automobile and truck repair.

12.   Automobile service stations.

13.   Storage, except as permitted herein.

14.   Junk yards.

15.   Sale of new or used merchandise, except as provided herein.

16.   Stockyards and slaughtering of animals.

17.   Penal or correctional institutions.

18.   Sawmills.

19.   Commercial kennels.

20.   Hospitals, nursing homes, rest homes, orphanages, community residences.

21.   Sewage disposal plants.

22.   Fraternity and sorority houses.

23.   Private clubs, including accessory restaurants and/or the serving of alcoholic beverages, except as permitted herein.

24.   Horse race tracks.

25.   Veterinarian offices.

26.   Commercial composting.

27.   Airports.

28.   Concrete mixing and asphalt plants.

29.   Commercial woodlots.

30.   Golf courses.

31.   Adult entertainment establishments or other similar adult uses.

32.   Special events, parties, festivals, and concerts related to a commercial purpose.

33.   Commercial farm markets.

(f)   Minimum Lot Size. Ten (10) acres.

(g)   Minimum Lot Frontage. Two hundred fifty (250) feet.

(h)   Minimum Front Yard. Three hundred (300) feet from the right-of-way line, except for the following:

(1)   Lots which have principal permitted residential structures less than three hundred (300) feet from the right-of-way line; then the minimum front yard shall be coincident with the existing front yard, or fifty (50) feet, whichever is greater;

(2)   Lots which were created by subdivision plats recorded prior to January 26, 1995 shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater;

(3)   Existing lots less than three hundred fifty (350) feet in lot depth shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater.

(i)   Minimum Each Side Yard. Fifty (50) feet.

(j)   Minimum Rear Yard. One hundred (100) feet.

(k)   Minimum Open Space. No limitation.

(l)   Maximum Lot Coverage. No limitation.

(m)   Maximum Height of Building. Thirty-five (35) feet, except for buildings devoted solely to agricultural uses, then no limitation.

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

(o)   Special Provisions. For any development in an Agricultural Buffer Area (A-B) zone, the following provisions shall apply:

1.   All Agricultural-Buffer Area (A-B) zone developments shall provide a fenced buffer yard along the boundary of the development with land recommended for Natural Areas and Core Agricultural and Rural Land in the Comprehensive Plan. In order to prevent the growth of plants that may be toxic to animals, the buffer yard shall be kept mowed and free of trees, shrubs and plants other than grasses. Existing vegetation may remain as specified under Section 6-3(b) of the Land Subdivision Regulations. Buffer yards may, however, be used for utility installation and easements. Such buffer yard shall be the responsibility of the property owner in the A-B zone to install and to maintain, and shall consist of the following:

a.   A double row of standard gauge diamond-mesh wire fences, of durable construction, at least eight (8) feet apart, with one (1) fence to be not less than fifty-two (52) inches high, set on seven and one-half (7½)-foot posts, with a required six-inch top board, to be placed closest to the A-B development; and the second fence to be not less than fifty-eight (58) inches high, set on eight-foot posts, with a required six-inch top board, placed nearest the adjoining agricultural property; or

b.   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, with the mowed buffer yard to be eight (8) feet adjoining the fence; or

c.   Other buffer yard and fencing which achieves the intent of this section and which is agreed upon by the developer of the Agricultural Buffer Area and the adjoining agricultural property.

(a)   Intent. This zone is established to preserve areas within the Rural Service Area that are physically unique, primarily due to their association with the Kentucky River and its tributaries. This area is characterized by steeper slopes, forested areas, and thinner/poorer soils, and is known as a habitat for rare and unusual flora and fauna. Because these lands are environmentally sensitive, special care is needed to ensure that the uses that are permitted are compatible with the goal of conservation and preservation of these lands. The Land Use Element of the Comprehensive Plan shall be used to determine the appropriate locations for the Agricultural Natural Areas (A-N) Zone.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Land used solely for agricultural purposes, including small farm wineries and equine-related activities, as outlined in KRS 100.

2.   Single-family detached dwellings.

1.   Accessory uses in connection with agriculture, farming, dairying, stock raising or similar uses, such as agricultural structures; stables; farm tours; hayrides; petting zoos; and parking areas, provided all yard requirements for a principal residence are met.

2.   Those specific agricultural uses outlined in KRS 100 that are incidental only to a small farm winery licensed as such by the Commonwealth of Kentucky, such as the manufacture and bottling of wines; tasting rooms for the purpose of serving complimentary samples; sale by the drink or bottle, either on or off premises; and sale and shipment of wine, either wholesale or retail.

3.   Home offices and home occupations.

4.   Temporary roadside stands offering for sale only agricultural products grown on the premises; or value-added product sales primarily from agricultural resources grown or raised on the premises.

5.   Non-commercial recreational facilities, such as baseball fields; soccer fields; polo fields; swimming pools; tennis courts; bicycling or hiking trails and the like.

6.   Private garages, storage sheds, parking lots, and private farm vehicle fueling facilities.

7.   Living quarters, without kitchen facilities and not used for rental purposes, for guests and employees of the premises.

8.   Satellite dish antennas, as regulated in Section 15-8.

9.   Family childcare home.

10.   Mobile homes, as provided in Article 10.

11.   Dwelling units, farm employee, provided all yard requirements for a principal residence are met.

i.   Require the submission of an environmental assessment prepared by a qualified professional.

ii.   Consider mitigation of environmental impacts over time.

iii.   Consider the operational plan of any proposed agritourism or ecotourism activities.

iv.   Consider requiring certification for any proposed ecotourism activities.

1.   Cemeteries, crematories, columbariums, mausoleums, including animal burial grounds.

2.   Places of religious assembly.

3.   Non-service facilities of public utilities and common carriers by rail, including office, garage, and warehouse space when not incidental to a service facility as provided in KRS 100.324.

4.   Commercial and non-commercial outdoor recreational facilities (without outdoor lighting, loudspeakers, retail sales of merchandise, restaurants or food service, and the like), including zoological gardens; sportsmen's farms (including outdoor rifle and other firearm ranges); native animal game preserves; outdoor rodeos; hunting and trapping; primitive campgrounds; and fishing lakes, including private clubs for only these uses.

5.   Mining and/or quarrying 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.

6.   Radio, telephone or television transmitting or relay facilities, 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 State of Kentucky.

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

7.   Bed and breakfast facilities, including farmstays (as defined by KRS 219.011), limited to the rental of not more than five (5) rooms per property, provided that no use permitted under this section shall be located less than one (1) mile, as measured from the facility, from another use permitted under this section. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.

8.   Any uses that are clearly incidental and subordinate to a small farm winery operation licensed as such by the Commonwealth of Kentucky, other than those specifically outlined in KRS 100, and permitted by Section 8-1(c)2, which may include special events with or without live entertainment or a small bistro/restaurant of up to two (2) seats per one thousand (1,000) gallons of wine, brandies and cordials produced or compounded on-site per year. For special events, documentation shall be provided that arrangements have been made with the LFUCG Division of Fire and Emergency Services for approval for fire suppression and control; that Fayette County Health Department approval has been obtained for the septic system and/or portable toilets; that Fayette County Health Department approval has been obtained for any food services offered, whether it be provided on-site or catered for each event; and that approval be obtained from the Division of Building Inspection for any temporary structures used (i.e., tents).

9.   Agritourism activities, to include corn mazes; farm gift shops (limited to five hundred (500) square feet); educational classes related to agricultural products and skills; horse shows involving more than seventy (70) participants; and seasonal activities.

10.   Ecotourism activities, to include commercial hiking and bicycling trails; equine trails; tree canopy tours; canoeing and kayaking launch sites; botanical gardens; nature preserves and recreational outfitters, limited to equipment rental only.

11.   Youth camps.

12.   Home-based businesses.

13.   Hosted Short Term Rentals, as regulated by Article 3-13 of the Zoning Ordinance and provided that no hosted short term rentals permitted under this section shall be located less than one (1) mile, as measured from the property lines, from another short term rental in an A-R, A-N, or A-B zone.

14.   Tier I, tier II or tier Ill medicinal cannabis cultivators, but only when the following minimum lot size requirements are met:

a.   The minimum lot size for a tier I medicinal cannabis cultivator shall be ten (10) acres.

b.   The minimum lot size for a tier II medicinal cannabis cultivator shall be forty (40) acres.

c.   The minimum lot size for a tier Ill medicinal cannabis cultivator shall be one hundred (100) acres.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   Establishments for the processing of crude petroleum, natural gas, or oil shale.

2.   Disposal of garbage and refuse, transfer stations.

3.   Multifamily, two-family or townhouse dwelling units.

4.   Retail sales or services, wholesale, or warehouse uses, except as provided herein.

5.   Offices, museums, and institutional uses.

6.   Commercial recreational facilities, such as amusement parks; bowling alleys; skating rinks; pool or billiard halls; establishments with coin-operated pool or billiard tables, or outdoor theaters.

7.   Hotels, motels, boarding or lodging houses, except bed and breakfast facilities permitted herein.

8.   Manufacturing, compounding, assembling, processing and packaging, and other industrial uses.

9.   Automobile, truck, ATV, motorcycle, bicycle moto-cross, or other vehicle or bicycle race tracks.

10.   Garden centers, market gardens, commercial greenhouses and plant nurseries.

11.   Major or minor automobile and truck repair.

12.   Automobile service stations.

13.   Storage, except as permitted herein.

14.   Junk yards.

15.   Sale of new or used merchandise, except as provided herein.

16.   Stockyards and slaughtering of animals.

17.   Penal or correctional institutions.

18.   Sawmills.

19.   Commercial kennels.

20.   Hospitals, nursing homes, rest homes, orphanages, community residences.

21.   Sewage disposal plants.

22.   Fraternity and sorority houses.

23.   Private clubs, including accessory restaurants and/or the serving of alcoholic beverages, except as permitted herein.

24.   Horse race tracks.

25.   Veterinarian offices. Including equine and large animal hospitals.

26.   Commercial composting.

27.   Airports.

28.   Concrete mixing and asphalt plants.

29.   Commercial wood lots.

30.   Golf courses.

31.   Adult entertainment establishments or other similar adult uses.

32.   Special events, parties, festivals, concerts, and children's rides related to a commercial purpose.

33.   Commercial farm markets.

34.   Zip line trials.

35.   Recreation vehicle and trailer campgrounds.

36.   Medicinal cannabis tier IV cultivators, dispensaries, producers, processors, and safety compliance facilities.

(f)   Minimum Lot Size. Forty (40) acres.

(g)   Minimum Lot Frontage. Seven hundred fifty (750) feet.

(h)   Minimum Front Yard. Three hundred (300) feet from the right-of-way line, except for the following:

(1)   Lots which have principal permitted residential structures less than three hundred (300) feet from the right-of-way line; then the minimum front yard shall be coincident with the existing front yard, or fifty (50) feet, whichever is greater;

(2)   Lots which were created by subdivision plats recorded prior to January 26, 1995 shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater;

(3)   Existing lots less than three hundred fifty (350) feet in lot depth shall have the minimum front yard coincident with the platted building line, or fifty (50) feet, whichever is greater.

(i)   Minimum Each Side Yard. Fifty (50) feet.

(j)   Minimum Rear Yard. One hundred (100) feet.

(k)   Minimum Open Space. No limitation.

(l)   Maximum Lot Coverage. No limitation.

(m)   Maximum Height of Building. Thirty-five (35) feet, except for buildings devoted solely to agricultural uses, then no limitation.

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

(a)   Intent. This zone is intended to control the development of rural land within the Urban Service Area over a period of time so as to manage the growth of the community. In order to avoid premature or improper development, land should remain in this zone until public facilities and services are or will be adequate to serve urban uses.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the A-R zone.

2.   Farm tours and hayrides.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   The permitted accessory uses in the A-R zone.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Sections 8-1(d)1. through 5., 8., 9., 11. through 13. (but excluding outdoor rifle and other firearm ranges), and 19 through 23 of the permitted conditional uses in the A-R zone, provided the square footage limitations shall not apply unless required by the Board of Adjustment.

2.   Cemeteries, crematories, columbariums, and mausoleums for human burial; but only when adjacent to, or extensions of, existing cemeteries.

3.   Garden centers, only when operated in conjunction with a commercial greenhouse or plant nursery on the same premises, and only when all conditions required of commercial greenhouses in Section 8-1(d)5 above are met.

4.   Offices of veterinarians, and animal hospitals and clinics.

5.   Radio or television studios, offices and associated equipment used in conjunction with an existing transmitting or relay tower, provided that such studios, offices and associated equipment are entirely enclosed within a building any part of which is located within five hundred (500) feet of such existing tower.

6.   Funeral homes.

7.   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.

8.   Commercial and non-commercial outdoor recreational facilities, including golf courses; golf driving ranges; and outdoor athletic facilities, such as baseball fields; soccer fields; or polo fields.

9.   Sewage disposal plants.

10.   Private clubs, including accessory restaurants and/or the serving of alcoholic beverages.

11.   Hospitals, nursing homes, rest homes, assisted living facilities, orphanages, community residences.

12.   Schools for academic instruction, including dormitories, fraternity and sorority houses.

13.   Any uses that are clearly incidental and subordinate to a small farm winery operation licensed as such by the Commonwealth of Kentucky, other than those specifically outlined in KRS 100, and permitted by Section 8-1(c)2, which may include special events with or without live entertainment or a small bistro/restaurant of up to two (2) seats per one thousand (1,000) gallons of wine, brandies and cordials produced or compounded on-site per year. For special events, documentation shall be provided that arrangements have been made with the LFUCG Division of Fire and Emergency Services for approval for fire suppression and control; that Fayette County Health Department approval has been obtained for the septic system and/or portable toilets; that Fayette County Health Department approval has been obtained for any food services offered, whether it be provided on-site or catered for each event; and that approval be obtained from the Division of Building Inspection for any temporary structures used (i.e., tents).

14.   Agritourism activities, to include corn mazes; special events, parties and festivals; concerts; children's rides; farm gift shops (limited to five hundred (500) square feet); educational classes related to agricultural products or skills; horse shows involving more than seventy (70) participants; and seasonal activities.

15.   Ecotourism activities, to include commercial hiking, bicycling trails; equine trails; zip line trails; tree canopy tours; canoeing and kayaking launch sites; primitive and vehicular or trailer campgrounds; fishing and hunting clubs; botanical gardens; nature preserves; and recreational outfitters.

16.   Youth camps.

(e)   Prohibited Uses. (All uses, other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses, shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the A-R zone, except as permitted herein.

2.   Extraction of crude petroleum or natural gas.

3.   Quarrying of non-metallic minerals.

4.   Airports.

5.   Radio, telephone or television transmitting towers, antennas and line-of-sight relays, except as permitted herein.

6.   Penal or correctional institutions.

7.   Outdoor rifle and other firearm ranges.

8.   Concrete mixing.

9.   Asphalt plants.

10.   Adult entertainment establishments or other similar adult uses.

11.   Museums.

12.   Commercial farm markets.

13.   Medicinal cannabis tier IV cultivators, dispensaries, producers, processors, and safety compliance facilities.

(f)   Minimum Lot Size. No limitation, except for single-family detached residences as a principal permitted use; commercial greenhouses, garden centers and equine hospitals as conditional uses, then ten (10) acres minimum.

(g)   Minimum Lot Frontage. Two hundred fifty (250) feet.

(h)   Minimum Front Yard. Fifty (50) feet from the right-of-way.

(i)   Minimum Each Side Yard. Twenty-five (25) feet.

(j)   Minimum Rear Yard. Twenty-five (25) feet.

(k)   Minimum Open Space. No limitation.

(l)   Maximum Lot Coverage. No limitation.

(m)   Maximum Height of Building. No limitation.

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

(a)   Intent. The intent of this zone is to provide for low density, single family detached residences and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Single-family detached residences.

2.   Parks and playgrounds operated by government.

3.   Temporary real estate sales offices for the sale of lots, located only within the subdivision in which said lots are located; to be removed at the end of two (2) years or when all the lots are sold, whichever comes first.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

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

2.   Accessory living quarters.

3.   Swimming pools and tennis courts, including accessory structures and temporary structures associated with those uses.

4.   Agricultural uses, excluding commercial stock raising.

5.   Private, non-commercial parks and open space.

6.   Home offices and home occupations.

7.   A ground, roof or pole-mounted satellite dish antenna, as regulated by Section 15-8.

8.   Family childcare home.

9.   Hiking and bicycling trails.

10.   Accessory Dwelling Units, as regulated in Article 3-12 of the Zoning Ordinance.

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

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Kindergartens and nursery schools for four (4) and not more than twelve (12) children, when accessory to and located in the same structure with the single-family residence occupied by the owner or operator. All kindergartens and nursery schools shall provide a fenced and screened play area, which shall contain not less than twenty-five (25) square feet per child.

2.   Kindergartens, nursery schools and childcare centers for four (4) or more children, when accessory to a place of religious assembly, school or private club as permitted herein. A fenced and screened play area shall be provided, which shall contain not less than twenty-five (25) square feet per child.

3.   Home-based businesses.

4.   Cemeteries, columbariums, and mausoleums.

5.   Outdoor commercial and non-commercial recreational facilities, such as golf courses; sportsmen's farms; riding stables and equine trails; fishing lakes and non-commercial swimming pool; tennis courts; campgrounds; and private clubs.

6.   Places of religious assembly.

7.   Schools for academic instruction.

8.   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.

9.   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.

10.   Bed and breakfast facilities, limited to the rental of not more than one (1) room. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.

11.   Historic house museums.

12.   Seasonal activities.

13.   Market gardens.

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

(e)   Prohibited Uses. (All uses, other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses, shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   Those uses prohibited in the A-U zone, except as permitted herein.

2.   Commercial kennels, equine hospitals, and offices of veterinarians.

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

4.   The above-ground 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.

5.   Ecotourism activities, except as permitted herein.

6.   Zoological gardens.

7.   Medicinal cannabis businesses.

(f)   Minimum Lot Size. One acre; or twenty-five thousand (25,000) square feet for property rezoned to R-1A after July 14, 1994.

(g)   Minimum Lot Frontage. One hundred fifty (150) feet; or one hundred twenty-five (125) feet for property rezoned to R-1A after July 14, 1994.

(h)   Minimum Front Yard. Fifty (50) feet; or forty (40) feet for property rezoned to R-1A after July 14, 1994.

(i)   Minimum Each Side Yard. Twenty-five (25) feet; or ten (10) feet for property rezoned to R-1A after July 14, 1994.

(j)   Minimum Rear Yard. Twenty-five (25) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(a)   Intent. As for R-1A.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the R-1A zone.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   The permitted accessory uses in the R-1A zone.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-1A zone.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The uses prohibited in the R-1A zone.

(f)   Minimum Lot Size. Fifteen thousand (15,000) square feet.

(g)   Minimum Lot Frontage. One hundred (100) feet.

(h)   Minimum Front Yard. Forty (40) feet.

(i)   Minimum Each Side Yard. Ten (10) feet.

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(a)   Intent. As for R-1A.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the R-1A zone.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   The permitted accessory uses in the R-1A zone.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-1A zone.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the R-1A zone.

(f)   Minimum Lot Size. Eight thousand (8,000) square feet.

(g)   Minimum Lot Frontage. Sixty (60) feet.

(h)   Minimum Front Yard. Thirty (30) feet.

(i)   Minimum Each Side Yard. Eight (8) feet.

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(o)   Special Provisions.

1.   Lot frontage, yard and height requirements for single-family detached dwellings in defined Infill and Redevelopment areas are for existing lots as of December 5, 2002, and shall be as follows:

a.   Where existing lot frontage is twenty-four (24) feet but less than thirty-five (35) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Twenty-four (24) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each side of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

b.   Where existing lot frontage is thirty-five (35) feet but less than fifty (50) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Thirty-five (35) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: Five (5) feet.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

c.   Where existing lot frontage is fifty (50) feet or greater, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Fifty (50) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less, then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: As per Subsection (i) of this section.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: As per Subsection (m) of this section.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.7.

(a)   Intent. As for R-1A.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the R-1A zone.

2.   Existing two-family dwellings that were granted principal use status in the 1969 Zoning Ordinance. No building permits shall be issued for new two-family dwellings subsequent to the date of adoption of this Zoning Ordinance.

(c)   Accessory Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The permitted accessory uses in the R-1A zone.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-1A zone.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the R-1A zone.

(f)   Minimum Lot Size. Six thousand (6,000) square feet.

(g)   Minimum Lot Frontage. Sixty (60) feet.

(h)   Minimum Front Yard. Thirty (30) feet.

(i)   Minimum Each Side Yard. Six (6) feet.

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(o)   Special Provisions.

1.   Lot, yard and height requirements for single-family detached dwellings in defined Infill and Redevelopment areas are for existing lots as of December 5, 2002, and shall be as follows:

a.   Where existing lot frontage is twenty-four (24) feet but less than thirty-five (35) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Twenty-four (24) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

b.   Where existing lot frontage is thirty-five (35) feet but less than fifty (50) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Thirty-five (35) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: Five (5) feet.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

c.   Where existing lot frontage is fifty (50) feet or greater, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Fifty (50) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Fifty (50) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: As per Subsection (i) of this section.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: As per Subsection (m) of this section.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.7.

(a)   Intent. The intent of this zone is to provide for low density, single family detached residences and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone may be used for zero-lot-line houses, patio houses, and other compact housing types. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Single-family detached residences.

2.   Parks and playgrounds operated by government.

3.   Temporary real estate sales offices for the sale of lots, located only within the subdivision in which said lots are located; to be removed at the end of two (2) years or when all the lots are sold, whichever comes first.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Private garages, storage sheds and parking areas.

2.   Swimming pools and tennis courts.

3.   Agricultural uses, excluding commercial stock raising.

4.   Private, non-commercial parks and open space.

5.   Home offices and home occupations.

6.   A ground, roof or pole-mounted satellite dish antenna, as regulated by Section 15-8.

7.   Family childcare home.

8.   Hiking and bicycling trails.

9.   Accessory Dwelling Units, as regulated in Article 3-12 of the Zoning Ordinance.

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

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   As for R-1A.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   As for R-1A.

(f)   Lot Size. four thousand (4,000) square feet minimum, with a maximum of seven thousand, five hundred (7,500) square feet for single-family detached uses on lots not fronting upon a cul-de-sac or more than one (1) public street; for all other uses and lots, there shall be no maximum lot size.

(g)   Minimum Lot Frontage. Forty (40) feet.

(h)   Minimum Front Yard. Twenty (20) feet.

(i)   Minimum Each Side Yard. Three (3) feet. No wall, air-conditioning unit, structure or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot. (See Subsection (o)1 of this section, below.)

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(o)   Special Provisions.

1.   There shall be not less than six (6) feet at any point between the walls of each single-family residence.

2.   Lot, yard and height requirements for single-family detached dwellings in defined Infill and Redevelopment areas are for existing lots as of December 5, 2002, and shall be as follows:

a.   Where existing lot frontage is twenty-four (24) feet but less than forty (40) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Twenty-four (24) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: As per Subsection (i) of this section.

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

b.   Where existing lot frontage is forty (40) feet or greater, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot frontage: Forty (40) feet.

2.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

3.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

4.   Minimum side yard: As per Section 8-12(i).

5.   Minimum rear yard: Twenty percent (20%) of the lot depth.

6.   Minimum open space: See Article 20 for open space regulations.

7.   Minimum lot coverage: No limitation.

8.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

9.   Maximum lot coverage: No limitation.

10.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

(a)   Intent. The intent of this zone is to provide for low density, single family residences, emphasizing the incorporation of attached single family dwellings (townhomes) and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. Attached single family dwellings should be located along road frontage and should not adversely impact the associated pedestrian system. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Single-Family attached residences, except that not more than twelve (12) units shall be attached.

2.   Group Residential Projects, as provided in Article 9.

3.   Existing single-family detached residences and single-family detached residences for which a building permit was issued or a plan approved prior to the adoption of this Zoning Ordinance.

4.   Parks and playgrounds operated by government.

5.   Temporary real estate sales offices for the sale of lots, located only within the subdivision in which said lots are located; to be removed at the end of two (2) years or when all the lots are sold, whichever comes first.

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

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Private garages, storage sheds and parking areas.

2.   Swimming pools and tennis courts.

3.   Agricultural uses, excluding commercial stock raising.

4.   Private, non-commercial parks and open space.

5.   Home offices and home occupations.

6.   A ground, roof or pole-mounted satellite dish antenna, as regulated in Section 15-8.

7.   Family childcare home.

8.   Hiking and bicycling trails.

9.   Accessory Dwelling Units, as regulated in Article 3-12 of the Zoning Ordinance.

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

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   As for R-1A.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   As for R-1A, except for townhouses.

(f)   Minimum Lot Size. One thousand, five hundred (1,500) square feet.

(g)   Minimum Lot Frontage. Fifteen (15) feet.

(h)   Minimum Front Yard. Ten (10) feet (See Subsection (o) of this section, below).

(i)   Minimum Each Side Yard. (See Subsection (o) of this section, below).

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

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

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

(o)   Special Provisions.

1.   No more than three (3) contiguous townhouse units may be established at the same setback. A variation of at least three (3) feet shall be required where a break in setback occurs. Buildings may penetrate up to eighteen (18) inches over the building line into the required front yard, but the average setback of the contiguous units shall be at least as great as the required front yard.

2.   Required side yard shall be six (6) feet for each side yard of townhouses when no units or only one (1) unit fronts on a side yard; and a side yard of twenty (20) feet when more than one (1) unit fronts on that side yard.

3.   In addition to the special provisions listed above, the lot, yard and height requirements for attached single-family dwellings that are approved by the Planning Commission on a final development plan, in defined Infill and Redevelopment areas, shall be as follows:

a.   Minimum lot size: As per Subsection (f) of this section.

b.   Minimum lot frontage: As per Subsection (g) of this section.

c.   Minimum front yard: Five (5) feet.

d.   Maximum front yard: Fifteen (15) feet.

e.   Minimum yard along an alley: Three (3) feet.

f.   Minimum side yard for the end of unattached units: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be located behind the front wall plane of the principal structure on the lot.

g.   Minimum rear yard: Twenty percent (20%) of the lot depth.

h.   Minimum open space: See Article 20 for open space regulations.

i.   Minimum lot coverage: No limitation.

j.   Maximum height of building: As per Subsection (m) of this section, above.

k.   Maximum lot coverage: No limitation.

(a)   Intent. The intent of this zone is to provide for a mix of low density residential development and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan. This zone may be used for zero-lot-line houses, patio houses, and other compact housing types.

1.   Single-family detached dwelling units.

2.   Single-family attached dwelling units, except that not more than twelve (12) units shall be attached.

3.   Multi-family residential dwelling units. Residential structure containing eight (8) or fewer dwelling units.

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

5.   Temporary real estate offices.

6.   Cottage housing projects (as regulated by Section 9-8).

7.   Parks.

1.   The permitted accessory uses in the R-1A zone.

2.   Cottage house community buildings when associated with either co-housing development or cottage housing project.

1.   The permitted conditional uses in the R-1A zone.

1.   The prohibited uses in the R-1A zone, except single-family attached residential and multi-family residential.

1.   Minimum Lot Size:

a.   Single-family: One-thousand, five hundred (1,500) square feet.

b.   Multi-family: Two thousand, five hundred (2,500) square feet.

2.   Maximum Lot Size:

a.   Single-family: Five thousand (5,000) square feet.

b.   Multi-family: Ten thousand (10,000) square feet.

1.   A variation of at least three (3) feet shall be required where a break-in setback occurs for single-family attached dwelling units.

2.   Required side yard shall be increased to five (5) feet for each side yard of single- family attached residential units when no units or only one (1) unit fronts on a side yard; and a side yard shall be increased to ten (10) feet when more than one (1) unit fronts on that side yard.

3.   The minimum side yard may be eliminated on one (1) side of a lot, for future or existing adjacent lots, if a common vertical wall dividing an attached single-family dwelling unit is located, or is to be located, on the common property line. The side yard that is not eliminated shall be a minimum of five (5) feet.

4.   Lot, yard, and height requirements for single-family attached and multi-family dwellings in defined Infill and Redevelopment areas are for existing lots as of December 5, 2002, and shall be as follows:

a.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lots are less; then the minimum shall be no less than this average.

b.   Maximum front yard: Twenty (20) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lots are greater; then the maximum shall be no greater than this average.

c.   Minimum side yard: As per Subsection (i), three (3) feet. The minimum side yard may be eliminated on one (1) side of a lot, for future or existing adjacent lots, if a common vertical wall dividing a single-family attached, or multi-family structure is located, or is to be located, on the common property line.

(a)   Intent. The intent of this zone is to provide for medium density mixed residential development, including multi-family dwellings, group residential housing, compact housing types, attached and detached single family dwellings, and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should provide a variety of housing options rather than a single type. The medium density residential uses should be located along local and collector streets, with lower density residential uses located along local streets. Adequate multi-modal connections should be available to all residents, so to allow for long term viability and incremental growth. Low and Medium density residential land uses should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the R-2 zone.

2.   Multi-family dwellings.

3.   Dormitories.

4.   Boarding or lodging houses, assisted living facilities, and hospitality houses for up to eight (8) persons.

5.   Community residences.

6.   Group Residential Projects, as provided by Article 9.

7.   Townhouses, except that no less than three (3) and no more than twelve (12) units shall be attached.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Items 1 through 3 and 6 through 11 of the permitted accessory uses in the R-1A zone.

2.   Non-commercial athletic club facilities, when accessory to another permitted or conditional use.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-1A zone.

2.   Hospitals, nursing homes, personal care facilities, and orphanages.

3.   Community centers (such as YMCA, YWCA, etc.)

4.   Community garages.

5.   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.

6.   Parking, as permitted in Article 16-3.

7.   Sorority and fraternity houses.

8.   Boarding or lodging houses, assisted living facilities, and hospitality houses for more than eight (8) persons and rehabilitation homes, provided that no use permitted under this section shall be located less than five hundred (500) feet, as measured from the nearest property line, from another use permitted under this section. However, the Board may reduce the 500-foot spacing requirement if it can determine that a reduction will not have an adverse influence on existing or future development of the subject property or its surrounding neighborhood.

9.   Bed and breakfast facilities, limited to the rental of not more than five (5) rooms. The Board of Adjustment, in considering approval of such conditional use, shall consider and make a finding that the number of rooms granted shall not have an adverse effect on surrounding properties. In addition, in considering such a conditional use, the Board of Adjustment shall take into consideration the number of bed and breakfast facilities, if any, within the general neighborhood of the property being considered for such use.

10.   Day Shelters.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the R-1A zone, except for multi-family, two-family and townhouse dwellings; boarding or lodging houses; dormitories; and sorority and fraternity houses.

(f)   Minimum Lot Size. Six thousand (6,000) square feet.

(g)   Minimum Lot Frontage. Fifty (50) feet.

(h)   Minimum Front Yard. Twenty (20) feet.

(i)   Minimum Each Side Yard. Five (5) feet, unless required to be a minimum of thirty (30) feet by Section 15-2(b)(3).

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. Twenty-five percent (25%) and a floor area ratio of 0.75.

(m)   Maximum Height of Building. Three (3) stories up to forty (40) feet.

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

(o)   Special Provisions.

1.   Lot, yard, and height requirements for town houses shall be as required for R-1T.

2.   Lot, yard, and height requirements for two-family dwellings shall be as required by R-2.

3.   Lot, yard, and height requirements for Group Residential Projects shall be as required in Article 9.

4.   Lot, yard, and height requirements for single family detached dwellings in defined Infill & Redevelopment areas are for existing lots as of December 5, 2002, and shall be as listed below. (Minimum lot sizes are listed below for the purpose of establishing minimum configurations that may be the result of consolidation among adjacent parcels.)

a.   Where existing lot frontage is less than twenty-four (24) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot size: Two thousand (2,000) square feet.

2.   Minimum lot frontage: Twenty (20) feet.

3.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

4.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

5.   Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

6.   Minimum rear yard: Twenty (20) feet.

7.   Minimum open space: See Article 20 for open space regulations.

8.   Minimum lot coverage: No limitation.

9.   Maximum height of building: Twenty-four (24) feet.

10.   Maximum lot coverage: No limitation.

11.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

b.   Where existing lot frontage is twenty-four (24) feet but less than thirty-five (35) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot size: Two thousand, five hundred (2,500) square feet.

2.   Minimum lot frontage: Twenty-four (24) feet.

3.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

4.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

5.   Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

6.   Minimum rear yard: Twenty percent (20%) of the lot depth.

7.   Minimum open space: See Article 20 for open space regulations.

8.   Minimum lot coverage: No limitation.

9.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

10.   Maximum lot coverage: No limitation.

11.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

c.   Where existing lot frontage is thirty-five (35) feet but less than fifty (50) feet, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot size: Three thousand, seven hundred fifty (3,750) square feet.

2.   Minimum lot frontage: Thirty-five (35) feet.

3.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

4.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

5.   Minimum side yard: As per Subsection (i) of this section.

6.   Minimum rear yard: Twenty percent (20%) of the lot depth.

7.   Minimum open space: See Article 20 for open space regulations.

8.   Minimum lot coverage: No limitation.

9.   Maximum height of building: Twenty-eight (28) feet and two and one-half (2½) stories.

10.   Maximum lot coverage: No limitation.

11.   Maximum floor area ratio: 0.35, or that which allows two thousand, six hundred (2,600) square feet, whichever is greater.

d.   Where existing lot frontage is fifty (50) feet or greater, the provisions of Section 15-7 and the following shall apply:

1.   Minimum lot size: Eight thousand (8,000) square feet.

2.   Minimum lot frontage: Fifty (50) feet.

3.   Minimum front yard: As per Subsection (h) of this section, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are less; then the minimum shall be no less than this average, or eight (8) feet, whichever is greater.

4.   Maximum front yard: Forty (40) feet, unless the average depth of the existing front yards on each of the adjacent lots on either side of the lot are greater; then the maximum shall be no greater than this average.

5.   Minimum side yard: Eight (8) feet.

6.   Minimum rear yard: Twenty percent (20%) of the lot depth.

7.   Minimum open space: See Article 20 for open space regulations.

8.   Minimum lot coverage: No limitation.

9.   Maximum height of building: As per Subsection (m) of this section.

10.   Maximum lot coverage: No limitation.

11.   Maximum floor area ratio: 0.7.

5.   Lot, yard and height requirements for all other single-family detached dwellings in the R-3 zone shall be as follows:

(1)   Minimum lot size: Two thousand, five hundred (2,500) square feet.

(2)   Minimum lot frontage: Twenty-five (25) feet.

(3)   Minimum front yard: Twenty (20) feet, as per Subsection (h) of this section.

(4)   Minimum side yard: Three (3) feet. No wall, air-conditioning unit, structure, or other obstruction shall be located within the required side yard. Any fence located in a required side yard must be entirely to the rear of the principal structure on the lot.

(5)   Minimum rear yard: Ten (10) feet.

(6)   Minimum open space: See Article 20 for open space regulations.

(7)   Maximum lot coverage: No limitation.

(8)   Maximum height of building: Thirty-five (35) feet.

(a)   Intent. The intent of this zone is to provide for medium to medium-high density multi-family dwellings and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. The medium to medium-high density residential uses should be located along collector and arterial streets. Where lower density development occurs in this zone, it should be located along local streets. Adequate multi-modal connections should be available to all residents. Development should be in areas of the community where necessary services and facilities will be adequate to serve the anticipated population. Medium to medium-high density multi-family dwellings should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the R-3 zone.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   The permitted accessory uses in the R-3 zone.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-3 zone.

2.   The permitted principal uses in the B-1 zone.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the R-3 zone.

2.   Equine trails.

3.   Medicinal cannabis businesses.

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

(i)   Minimum Each Side Yard. Five (5) feet.

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. Forty percent (40%) and a floor area ratio of 1.6.

(m)   Maximum Height of Building. Four stories or sixty (60) feet, whichever is less (except when Subsection (o)3. applies). When height of structure is greater than forty-eight (48) feet, the side yard setback shall be ten (10) feet.

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

(o)   Special Provisions.

1.   Lot, yard, and height requirements for detached and attached single-family residential dwellings shall be as required for the R-2 zone.

2.   No more than five (5) single-family detached dwellings shall be contiguous along a single street frontage. Other varying housing types or neighborhood commercial facilities shall be incorporated.

3.   Lot, yard, and height requirements for group residential projects shall be as provided in Article 9.

(a)   Intent. The intent of this zone is to provide for high density multi-family dwellings and supporting uses. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. The high density residential uses should be located along collector and arterial streets. Adequate multi-modal connections should be available to all residents. Development should be in areas of the community where necessary services and facilities will be adequate to serve the anticipated population. High density multi-family dwellings should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Multifamily dwellings.

2.   Dormitories.

3.   Offices, limited to multifamily structures with six (6) or more stories, provided offices are limited to no more than the first two (2) stories with no mixing of offices and apartments on the same floor.

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

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   The permitted accessory uses in the R-1A zone, items 1 through 3, 6 through 9 and 11.

2.   Athletic club facilities, when accessory to another permitted or conditional use.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   The permitted conditional uses in the R-3 zone.

2.   The permitted principal uses in the B-1 zone.

3.   Extended-stay hotels.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   The prohibited uses in the R-4 zone, except for offices, as permitted herein, extended-stay hotels, and incidental retail uses.

2.   Outdoor commercial and non-commercial recreational facilities, such as zoological gardens, sportsmen's farms, riding stables and equine trails.

3.   Medicinal cannabis businesses.

(f)   Minimum Lot Size. Six thousand (6,000) square feet.

(j)   Minimum Rear Yard. Ten (10) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. Forty-five percent (45%) and a floor area ratio of 2.25.

(m)   Maximum Height of Building. Five (5) stories or seventy (70) feet, whichever is less. When greater than sixty (60) feet, the side yard setback shall be twelve (12) feet.

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

(a)   Intent. The intent of this zone is to provide for offices and related professional uses. Retail sales are prohibited, except where directly related to office functions. Consideration should be given to the relationship of this zone to the surrounding land uses, the established built context, and the adequacy of the street system to serve the anticipated traffic needs. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

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

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

3.   Research development and testing laboratories or centers.

4.   Schools for academic instruction.

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

6.   Funeral parlors.

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

8.   Telephone exchanges, radio and television studios.

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

10.   Community centers and private clubs.

11.   Hospitals, nursing homes, personal care facilities and assisted living facilities.

12.   Computer and data processing centers.

13.   Ticket and travel agencies.

14.   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.

15.   Cable television system signal distribution centers and studios.

16.   Dwelling units, provided the units are not located on the first floor of a structure and provided that at least the first floor is occupied by another permitted use or uses in the P-1 zone, with no mixing of other permitted uses and dwelling units on any floor.

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

18.   Athletic club facilities, when located at least one hundred fifty (150) feet from a residential zone.

19.   Beauty shops and barber shops.

20.   Rehabilitation homes, but only when more than five hundred (500) feet from a residential zone.

21.   Adult day care centers.

22.   Day shelters.

23.   Places of religious assembly.

24.   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.

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

26.   Medicinal cannabis safety compliance facilities.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Establishments limited to the filling of prescriptions and retail sale of pharmaceutical and medical supplies.

2.   Parking areas or structures.

3.   Incidental retail sales or personal services, including facilities for serving food, only for employees, residents or visitors to any permitted use, and having no primary access to the exterior; and limited to a maximum of ten percent (10%) of the gross floor area of the building in which it is located, with no single such use being in excess of five thousand (5,000) square feet.

4.   Sales offices for the display of merchandise and the acceptance of orders.

5.   Swimming pools, tennis courts, putting greens, hiking and bicycling trails, botanical gardens, nature preserves and other similar non-commercial recreational uses.

6.   Satellite dish antennas, as further regulated by Section 15-8.

7.   One dwelling unit for owners, operators, or employees of a permitted use, provided that such dwelling unit shall be part of the building and located above, to the side, or to the rear of such permitted use.

8.   Retail sales and storage areas accessory to internet-based businesses, for which Certificates of Occupancy are issued after November 15, 2001, provided that the retail sales and storage area occupies no more than twenty-five percent (25%) of the business area, nor more than two thousand, five hundred (2,500) square feet, whichever is less; and having no display space, storage space or signs visible from the exterior of the building.

9.   Drive-through facilities for the sale of goods or products or the provision of services otherwise permitted herein, when approved by the Planning Commission on a development plan.

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

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

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

2.   Parking lots and structures.

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.   Rehabilitation homes, when located closer than five hundred (500) feet from a residential zone.

5.   Extended-stay hotels, except as permitted in a Professional Office Project.

6.   Mail service facilities, except as permitted in a Professional Office Project.

7.   Ecotourism activities to include equine or zip line trails; tree canopy tours; canoeing and kayaking launch sites; fishing clubs; and seasonal activities.

(e)   Prohibited Uses. (All uses other than those listed as principal, accessory, or conditional uses or substantially similar to principal, accessory, or conditional uses shall be prohibited. The uses below are provided for illustration purposes and for the purpose of limiting permitted uses, and are not intended to be a total listing of all the uses that are prohibited.)

1.   As for A-R, except offices, institutional uses, dwelling units, and other uses as permitted herein.

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

3.   Pawn shops.

4.   Golf driving ranges.

5.   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. However, jet fuel may be stored only in conjunction with a heliport.

6.   Greenhouses, plant nurseries, market gardens and garden centers.

7.   Tattoo parlors.

8.   Ecotourism activities, except as permitted herein.

9.   Medicinal cannabis cultivators, dispensaries, producers and processors.

(f)   Minimum Lot Size. Seven thousand, five hundred (7,500) square feet.

(g)   Minimum Lot Frontage. Sixty (60) feet.

(h)   Minimum Front Yard. Twenty (20) feet.

(i)   Minimum Each Side Yard. Twelve (12) feet.

(j)   Minimum Rear Yard. Twelve (12) feet.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. Thirty-five percent (35%) and a floor area ratio of 1.3.

(m)   Maximum Height of Building. 3:1 height-to-yard ratio.

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

(o)   Special Provisions.

1.   A Professional Office Project may be permitted 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, and subject to the P-1 zone regulations.

a.   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.

b.   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.

c.   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.

1.   Hotels, but only when located more than two hundred (200) feet from a residential zone; and the total number of hotels shall not exceed one (1) hotel for every twenty (20) acres of the Professional Office Project.

2.   Extended-Stay Hotels.

3.   Mail Service Facilities.

1.   Receiving, shipping, and storage of new fixtures, equipment and other non-perishable materials for distribution to corporate or affiliated units subsidiary to the tenant(s) of a principal structure. Such activity, including loading and unloading, shall be conducted entirely within the walls of the principal structure and shall be limited to a maximum of twenty percent (20%) of the total floor area of said principal structure.

2.   Shoe repair, clothing alteration or tailoring services.

1.   Helistops and heliports, provided such facilities conform to the requirements of all appropriate Federal, State and local regulations.

2.   Beauty shops and barber shops, with no restrictions.

a.   It shall be located in an office building containing a minimum of 40,000 square feet of floor area.

b.   It shall occupy not more than twenty-five percent (25%) of the building in which it is located.

c.   It shall have no more than one public entrance and one service entrance directly to the outside of the building, and that this use shall be at least one hundred fifty (150) feet from any residential zone.

d.   It shall have no drive-in or drive-through food service.

e.   There shall be no more than two restaurants within an office building, provided that the 25% limitation is not exceeded.

f.   Signs permitted per office building may be used to identify the restaurant and/or the office use.

2.   Where dwelling units are provided and the Planning Commission has approved a final development plan, the required parking spaces may be reduced, when specific permission is given by the Commission to reduce said required parking by not more than one percent (1%) for each one percent (1%) of additional useable open space that is provided over the minimum. In any case, the maximum parking reduction shall not exceed the minimum parking otherwise required in the zone by more than ten percent (10%) by only providing additional open space.

(a)   Intent. The intent of this zone is to accommodate neighborhood shopping facilities to serve the needs of the surrounding residential area. This zone should be located in areas of the community where services and facilities are/will be adequate to serve the anticipated population. This zone should be oriented to support and enhance a residential neighborhood. This zone should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   Retail sales (except as prohibited herein) and production of goods, provided such goods are only for retail sale on the premises and where there is no generation of dust, odors, noise, vibration, or electrical interference or fluctuation perceptible beyond the property line.

2.   Professional services (except as prohibited herein).

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

4.   Schools for academic instruction, business colleges, technical or trade schools or institutions, and studios for work or teaching of fine arts, such as photography; music; drama; dance and theater.

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

6.   Funeral services (excluding crematorium services).

7.   Medical and dental offices, clinics and laboratories.

8.   Community centers and private clubs.

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

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

11.   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.

12.   Eating and drinking establishments, neighborhood breweries, and brew-pubs, except as prohibited under Subsection (e)(14) and (15) of this section, which offer no live entertainment.

13.   Self-service laundry or laundry pick-up stations, including clothes cleaning establishments of not more than forty (40) pounds capacity and using a closed-system process.

14.   Automobile service stations, provided such use conforms to all requirements of Article 16, which:

a.   Had on file with the Lexington-Fayette Urban County Government an application for a business license or certificate of occupancy prior to June 27, 2024; and

b.   Shall not expand the number of vehicular locations for refueling beyond eight (8), unless previously approved for a greater number.

15.   Parking structures; provided such use conforms to the conditions of Article 16, and provided that at least twenty-five percent (25%) of the first floor is occupied by another permitted use or uses in the B-1 zone.

16.   Miniature golf or putting courses.

17.   Carnivals, special events, festivals, or 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 is adversely affected.

18.   Television and radio studios, and indoor theaters, limited to three (3) screens or stages.

19.   Rental of equipment whose retail sale would be permitted in the B-1 zone.

20.   Dwelling units, provided a portion of the building is occupied by another permitted use or uses in the B-1 zone.

21.   Arcades, including pinball and electronic games.

22.   Pawnshops, which:

a.   Were in operation prior to August 31, 1990 and in compliance with the provisions of KRS 226.010 et seq. and Code of Ordinances, Sections 13-52 and 13-53; or

b.   Had on file with the Lexington-Fayette Urban County Government, prior to August 31, 1990, an application for a business license or certificate of occupancy.

23.   Athletic club facilities.

24.   Banquet facilities.

25.   Adult day care centers.

26.   Form-based neighborhood business project, as per Subsection (o)3. of this section.

27.   Day shelters.

28.   Urban agriculture, commercial farm markets and market gardens.

29.   Establishments primarily engaged in agricultural sales and services, but only when located within five hundred (500) feet of an Agricultural Rural (A-R) zone.

30.   Ecotourism activities to include hiking , bicycling and equine trails; recreational outfitters, and canoeing and kayaking launch sites.

31.   Places of religious assembly.

32.   Offices of veterinarians, animal hospitals or clinics, animal grooming and/or training, 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.

33.   Artisan manufacturing.

34.   Parks.

35.   Un-hosted short-term rentals, as regulated in Section 3-13 of the Zoning Ordinance.

36.   Medicinal cannabis dispensaries.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Parking areas or structures.

2.   Warehousing, wholesaling, and storage, excluding outdoor storage; and provided that no building for such accessory use shall have openings other than stationary windows or solid pedestrian doors 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 Subsection (b)3. Such accessory use shall not devote more than twenty-five percent (25%) of its public floor area primarily to the preparation and service of such beverages, nor provide any separate outside entrances or separate identification signs for those areas.

4.   Satellite dish antennas, as further regulated by Section 15-8.

5.   Sidewalk cafes, when accessory to any permitted restaurant.

6.   Retail sale of liquid propane (limited to twenty-pound (20 lb.) containers), when accessory to the retail sale of merchandise or an automobile service station permitted under Subsection (b) of this section.

7.   Indoor live entertainment and/or dancing, when accessory to a restaurant, brew-pub or banquet facility; but only when located more than one hundred (100) feet from a residential zone.

8.   Drive-up window for the sale of goods or products, or the provision of services otherwise permitted herein, when the parcel has lot frontage along an arterial roadway.

9.   Drive-through facilities for the sale of goods or products, or provision of services otherwise permitted herein, which:

a.   Were in operation or had a certified final development or a site plan approved by the Board of Adjustment prior to June 27, 2024 and shall be subject to the conditions established by the Board of Adjustment or Planning Commission at the time of the most recent approval.

b.   Modification of existing drive-through facilities as described in Section 8-16(c)9.a. shall be allowed, subject to a final development plan.

10.   Hosted short-term rentals, as regulated in Section 3-13 of the Zoning Ordinance.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

1.   Outdoor live entertainment or nightclubs, unless prohibited under Subsections (e)(14) and (15) of this section. Such uses shall be located at least one hundred (100) feet from any residential zone; and indoor uses shall be sound-proofed to the maximum extent feasible by using existing technology, with noise or other emissions not creating a nuisance to the surrounding neighborhood. The Board may also impose time restrictions to minimize nuisance to the surrounding neighborhood.

2.   Indoor live entertainment, when accessory to an eating and drinking establishment, brew-pub, neighborhood brewery or banquet facility; but only when located closer than one hundred (100) feet from a residential zone.

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 twelve (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.   Drive-through facilities for the sale of goods or products, or the provision of services otherwise permitted herein, except as accessory uses herein, and meets the following requirements:

a.   The parcel has lot frontage along an arterial roadway; or

b.   The parcel is part of a project with an approved final development plan which has lot frontage along an arterial roadway; and

c.   The parcel or project complies with Section 8-20 of the Zoning Ordinance.

6.   Drive-up window for the sale of goods or products, or the provision of services otherwise permitted and the parcel has lot frontage along a local roadway.

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

8.   Country inns, but only when located within five hundred (500) feet of an Agricultural Rural (A-R) zone.

9.   Micro-distilleries subject to the following requirements:

a.   Production shall be limited to ten thousand (10,000) gallons of distillate annually;

b.   Distilling operations shall occur within a structure; and

c.   There shall be an associated retail component or eating and drinking establishment.

a.   A proposed operations plan for production and storage of distillate;

b.   A proposed operations plan for stillage; and

c.   The impact of truck traffic on adjacent roadways.

1.   Establishments primarily engaged in agricultural sales and services, except as permitted herein.

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

3.   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; electroplating; drilling; excavating; wrecking; construction; and paving. This is not intended to prohibit the administrative offices of such.

4.   Truck terminals and freight yards; transfer stations.

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

6.   Amusement enterprises, such as outdoor theaters; automobile racing; horse racing.

7.   Kennels, outdoor runways, or pens for animals.

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

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

10.   Dwellings, except as permitted herein.

11.   Hotel or motel, boardinghouse.

12.   Wholesale establishments.

13.   Nurseries and hatcheries.

14.   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.

15.   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.

16.   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.

17.   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.

18.   Above- or below-ground storage of any flammable material in gaseous form, including compressed natural gas.

19.   Pawnshops, except as permitted herein.

20.   Hospitals.

21.   Ecotourism activities, except as permitted herein.

22.   Automobile service station, automobile and vehicle refueling, and gas pumps, except as permitted herein.

23.   Outdoor storage.

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

(f)   Minimum Lot Size. No limitation.

(g)   Minimum Lot Frontage. No limitation.

(h)   Minimum and Maximum Front Yard.

a.   Minimum: Five (5) feet.

b.   Maximum: Twenty (20) feet.

(i)   Minimum Each Side Yard. No limitation.

(j)   Minimum Rear Yard. No limitation.

(k)   Minimum Open Space. See Article 20 for open space regulations.

(l)   Maximum Lot Coverage. No limitation.

(m)   Maximum Height of Building. Four stories or sixty (60) feet, whichever is less, except as permitted in Subsection (o)3. of this section.

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

(o)   Special Provisions.

1.   Except for the form-based neighborhood business project, no building to be used principally as a single use or establishment shall exceed forty thousand (40,000) square feet in floor area, excluding parking structures, unless approved by the Planning Commission prior to December 10, 2013 for at least forty thousand (40,000) square feet in size. No such structure may exceed sixty thousand (60,000) square feet in size, in any event.

2.   A form-based neighborhood business project may be approved by the Planning Commission on any site over twenty thousand (20,000) square feet in size. For any such project, a final development plan shall be approved by the Planning Commission prior to issuance of any building permit. The lot, yard, height, and setback requirements will be those established by the Commission on the approved development plan, rather than those stated above. In addition to the development plan, an applicant seeking approval of a form-based neighborhood business project shall be required to submit an area character and context study prepared by an architect or urban design professional. The study will document the architectural style and urban design of the neighborhood. It shall demonstrate, through the use of renderings, elevations and similar graphic materials, how the proposed project will enhance and complement the architectural style, urban design features, building scale, and massing of the neighborhood. It will also show its integration with the surrounding neighborhood by using positive design features, such as transitional elements; enhanced landscaping; provision of public space and open space buffers; and improved pedestrian accommodations. These exhibits shall be made a part of the Commission's approval, and building permits shall comply with the approved exhibits. A form-based neighborhood business project shall not be subject to the square footage limitation of Subsection (o)1. above.

(a)   Intent. The intent of this zone is to accommodate existing and future development in the downtown core area. The zone is a specialized district for the location of high density residential and high intensity commercial and mixed-use developments. This zone recognizes the downtown core as the focal point of business, recreation, and transportation facilities and activities for Lexington. Development within this zone should coordinate with adopted plans and studies, including corridor studies and streetscape plans. This zone should be located and developed within the Downtown Place-Type and should be established in accordance with the Goals, Objectives, Policies, and Development Criteria of the Comprehensive Plan.

(b)   Principal Uses. (Other uses substantially similar to those listed herein shall also be deemed permitted.)

1.   The principal permitted uses in the B-1 zone.

2.   Amusement enterprises, such as indoor billiard or pool halls; indoor theaters; bowling alleys; dance halls; skating rinks.

3.   Restaurants, cocktail lounges and nightclubs, with entertainment, dancing or the sale of alcoholic beverages.

4.   Establishments for the display, rental, or sale of automobiles, motorcycles, trucks not exceeding one and one-half (1½) tons, and boats limited to runabout boats, provided that the outdoor display or storage of vehicles shall conform to the requirements of Article 16.

5.   Establishments engaged in blueprinting, printing, publishing and lithographing; interior decorating; upholstering; laundering, clothes cleaning and dyeing; clothing alterations and tailoring services.

6.   Hotels and motels.

7.   Passenger transportation terminals.

8.   Any type of dwelling unit.

9.   Wholesale establishments.

10.   Minor automobile and truck repair.

11.   Establishments primarily engaged in the sale of supplies and parts for vehicles and farm equipment.

12.   Pawnshops.

13.   Stadium and exhibition halls.

14.   Telephone exchanges; radio and television studios.

15.   Cable television system signal distribution centers and studios.

16.   Athletic club facilities.

17.   Adult arcades, massage parlors, adult bookstores, adult video stores, adult cabarets, adult dancing establishments, adult entertainment establishments, and sexual entertainment centers, provided that none shall be located within a 500-foot radius of any agricultural or residential zone, any elementary or secondary school, any park attended by persons under eighteen (18) years of age, or within a 1,000-foot radius of any other similarly regulated adult business.

18.   Parking lots and structures, provided such use conforms to the conditions of Article 16.

19.   Hosted or Un-Hosted Short Term Rentals, as regulated in Section 3-13 of the Zoning Ordinance.

(c)   Accessory Uses. (Uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses.)

1.   Storage, wholesaling, and warehousing.

2.   Storage yards for delivery vehicles of a permitted use.

3.   Sidewalk cafe, when accessory to any permitted restaurant.

4.   Major automobile and truck repair, when accessory to an establishment primarily engaged in the sale of automobiles and trucks.

5.   Satellite dish antennas, as further regulated in Section 15-8.

6.   Micro-brewery, when accessory to a restaurant permitted herein; shall be located at least one hundred (100) feet from a residential zone, and shall be soundproofed to the maximum extent feasible by using existing technology, with noise or other emissions not creating a nuisance to the surrounding neighborhood.

7.   Parking areas or structures.

(d)   Conditional Uses. (Permitted only with Board of Adjustment approval.)

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