header-left
File #: 0910-13    Version: 1 Name: ZOTA 2013-5
Type: Ordinance Status: Approved
File created: 8/16/2013 In control: Urban County Council
On agenda: 9/12/2013 Final action: 9/12/2013
Enactment date: 9/12/2013 Enactment #: O-104-2013
Title: An Ordinance amending Articles 1, 3 and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment and associated materials in residential zones. (Urban County Planning Commission). Approval 10-0 [Div. of Planning, King]
Attachments: 1. final report.pdf, 2. ZOTA 2013-5.pdf, 3. PC recommended text.pdf, 4. ZOTA 2013-5BUSSTOR.pdf, 5. minutes.pdf, 6. 00404315.pdf, 7. Ordinnace 104-2013.pdf
Title
An Ordinance amending Articles 1, 3 and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment and associated materials in residential zones.  (Urban County Planning Commission). Approval 10-0 [Div. of Planning, King]
Summary
[An Ordinance amending Articles 1, 3, and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment and associated materials in residential zones. Approval 10-0 [Div. of Planning, King]]
Body
WHEREAS, the Lexington-Fayette Urban County Planning Commission has considered text amendments to Articles 1, 3 and 8 of the Zoning Ordinance to regulate the parking and storage of business vehicles, trailers, equipment and associated materials in residential zones; and
WHEREAS, the Planning Commission did hold a public hearing on this proposed text amendment on July 25, 2013; and
WHEREAS, the Planning Commission did recommend APPROVAL of the text amendment by a vote of 10-0; and
WHEREAS, this Council agrees with the recommendation of the Planning Commission; and
WHEREAS, the recommendation form of the Planning Commission is attached hereto and incorporated by reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Article 1 of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
ARTICLE 1-11: Definitions
 
STORAGE - The keeping, either indoors or outdoors, of equipment, vehicles, materials or supplies used in the conduct of a trade, business, or profession.  
 
Section 2 - That Article 3 of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
ARTICLE 3:  GENERAL REGULATIONS
 
3-9      Parking and Storage of Business Vehicles, Trailers, Equipment and Materials in Residential Zones
 
a.      One business vehicle per dwelling is permitted, provided it has no more than two (2) axles and a GVWR (gross vehicle weight rating) of no greater than 14,000 lbs. and is used for daily transportation to and from work.  Such a vehicle must be parked on a permitted paved surface or on a legal nonconforming (existed prior to December 5, 2002) gravel surface.  Dump trucks, box trucks, cube vans, high-roof cargo vans (greater than 8' height, as measured from ground to top of roof), earth-moving machinery, tow trucks, transport wreckers, semi-trucks and tractor-trailers, concession trucks and vans, and flat bed trucks are specifically prohibited, even if they technically comply with the above limits.
b.      One business trailer per dwelling (open or closed), used in conjunction with an allowed business vehicle, may be parked or stored on a permitted paved surface or legal nonconforming gravel surface.  Any such trailer is limited to a length of no greater than twelve (12) feet.  Concession trailers are specifically excluded from this category of allowable trailers, even if they technically comply with axle and length limitations.
c.      Trailers, equipment or materials shall not be parked or stored on any public or private street.
d.      Construction materials (such as siding or brick) and salvaged items (such as used appliances or scrap metal) may not be stored.
e.      Business activities (e.g., selling of merchandise or customer visits) shall not take place on the premises, except as allowed by home office provisions or as authorized by a conditional use approved by the Board of Adjustment.  Corollary business activities such as the storage of merchandise or having employees report to the property are also prohibited.
 
Section 3 -That Article 8 of the Zoning Ordinance of the Lexington-Fayette Urban County Government is hereby amended to read as follows:
ARTICLE 8:   SCHEDULE OF ZONES
 
8-1      Agricultural Rural (A-R) Zone
 
8-1(e)      Prohibited Uses in the A-R Zone
  1. Storage, except as permitted herein and by Article 3-9.
 
 
Section 4-That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
 
 
 
 
                                                                        
MAYOR
 
ATTEST:
 
_________________________
Clerk of Urban County Council
Published: