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File #: 0847-13    Version: 1 Name: ZOTA 2013-2
Type: Ordinance Status: Approved
File created: 8/5/2013 In control: Urban County Council
On agenda: 8/29/2013 Final action: 8/29/2013
Enactment date: 8/29/2013 Enactment #: O-091-2013
Title: An Ordinance amending Articles 1 and 23A of the Zoning Ordinance to define hospice and add hospice facilities as a principal use; and regulate parking for such uses in the Economic Development (ED) zone (Urban County Council). Approval 8-0 [Div. of Planning, King]
Attachments: 1. final report.pdf, 2. ZOTA 2013-2.pdf, 3. ZOTA 2013-2.pdf, 4. minutes.pdf, 5. 00401972.pdf, 6. Ordinance 91-2013.pdf
Title
An Ordinance amending Articles 1 and 23A of the Zoning Ordinance to define hospice and add hospice facilities as a principal use; and regulate parking for such uses in the Economic Development (ED) zone (Urban County Council).  Approval 8-0 [Div. of Planning, King]
Summary
[An Ordinance amending Articles 1 and 23 of the Zoning Ordinance to define “hospice;” add hospice facilities as a principal use; and regulated parking for such uses in the Economic Development (ED) zone. Approval 8-0 [Div. of Planning, King]]
Body
WHEREAS, the Lexington-Fayette Urban County Planning Commission has considered a text amendment to Articles 1 and 23A of the Zoning Ordinance to define hospice and add hospice facilities as a principal use and to regulate parking for such uses in the ED zone; and
WHEREAS, the Planning Commission held a public hearing on this proposed text amendment on June 27, 2013; and
WHEREAS, the Planning Commission recommended APPROVAL of this text amendment by a vote of 8-0; 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
 
HOSPICE - A facility which provides support and care for persons in the last stage of an incurable disease or condition, and to their families.  Overnight, in-patient and out-patient facilities may be included, as well as offices, storage, and an associated pharmacy.  Medical care, palliative care, counseling and education may be provided.
 
Section 2 - That Article 23A of the Zoning Ordinance of the Lexington Fayette Urban County Government is hereby amended to read as follows:
ARTICLE 23A: EXPANSION AREA ZONING CATEGORIES AND RESTRICTIONS
 
23A-10  ECONOMIC DEVELOPMENT (ED) ZONE
 
23A-10(b)            PRINCIPAL USES
Medical and dental offices, clinics and laboratories, and hospices.
 
23A-10(c)       ACCESSORY USES
10.      Establishments limited to the filling of prescriptions and retail sale of pharmaceutical and medical supplies with a drive-through window, provided it meets the following conditions:
a)      Establishments limited to the filling of prescriptions shall be located in a building, the primary use of which is for medical uses; including, but not limited to, hospitals; in-patient treatment facilities; hospices; outpatient facilities; surgery centers; medical and dental offices, clinics or laboratories.
b)      Establishments principally used for the retail sale of pharmaceutical and medical supplies shall be internally oriented to the site (e.g., not located on adjoining arterial streets).
c)      It shall have no more than one public entrance and one service entrance directly to the outside of the building.
d)      Signage for such establishments may be directly, indirectly or internally illuminated; there shall be no more than one (1) wall-mounted business sign per such establishment, not to exceed thirty-two (32) square feet in area; and no more than one (1) free standing monument type business sign, eight (8) feet in height, with a maximum size of thirty-two (32) square feet.
 
23A-10 (i)      
Hospices - One (1) space for every two (2) beds; plus one (1) space for each employee on the maximum working shift, with a minimum of five (5) spaces.
 
      Section 3 - That this Ordinance shall become effective on the date of its passage.
      PASSED URBAN COUNTY COUNCIL:
 
 
 
 
 
                                                                  ________
MAYOR
 
ATTEST:
 
                                          
CLERK OF URBAN COUNTY COUNCIL