title
An Ordinance amending the Lexington-Fayette County Zoning Ordinance by deleting references to computer and data processing centers in Sections 8-15 (P-1 zone), 8-19 (B-2B zone), 8-21 (B-4 zone), 8-24 (P-2 zone), 23A-9 (CC zone) and 23A-10 (ED zone). (Urban County Council). [Council Office, Hall]
body
WHEREAS, the Lexington-Fayette County Zoning Ordinance (“Zoning Ordinance”) provides that computer and data processing centers (or data processing centers), are a principal use in the P-1, B-2B, B-4, P-2, CC and ED zones, but does not include a definition for the land use(s); and,
WHEREAS, the colloquial understanding of what comprises a data center at the time of adoption of these provisions of the Zoning Ordinance has changed rapidly in recent years; and,
WHEREAS, the Lexington-Fayette Urban County Government has been examining data centers as an emerging land use and has been working on developing appropriate regulations relating thereto in order to promote the public interest implicated by data centers; and,
WHEREAS, the Urban County Council recognizes the need to regulate data centers as an emerging land use in Lexington-Fayette County and previously initiated a zoning Ordinance text Amendment to provide and clarify definitions with regard to data center uses, to adopt regulations regarding data centers as a land use in certain zones, and to provide clarity on appropriate considerations for development of data centers as an emerging land use in certain zones, all in order to ensure proper integration of this land use in the Lexington-Fayette County planning and zoning scheme; and,
WHEREAS, at a Public Hearing held on July 30, 2026, a proposed text amendment relating to the regulation of data centers was presented to the Urban County Planning Commission; said Commission recommending approval of its proposed alternative text by a vote of 7-2; and,
WHEREAS, the Urban County Council agrees in part and disagrees in part with the recommendation of the Planning Commission, the recommendation form of the Planning Commission is attached hereto and incorporated herein by reference; and,
WHEREAS, the Urban County Council desires to adopt the recommendation to remove computer and data processing centers as a principal use, and to receive additional recommendations through referral of an alternative proposal for regulation of data centers, for consideration at a later date; and,
WHEREAS, at a special Council Committee of the Whole meeting held on October 6, 2026 specifically for the purpose of discussing the regulation of data centers, the Council voted to adopt the Planning Commission’s recommendation to remove computer and data processing centers as a principal use but to remove the remaining recommendations included in the proposed zoning Ordinance text amendment, and further voted to place this zoning Ordinance text amendment, as amended, on the docket for October 8, 2026, reflecting Council’s desire to take the actions set forth herein, and now desires to ratify the actions taken by the Council at the Committee of the Whole meeting held on October 6, 2026.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That the actions taken by the Council at the special Committee of the Whole meeting held on October 6, 2026 be and hereby are ratified as set forth herein.
Section 2 - That Section 8-15(b)(12) of the Zoning Ordinance be and hereby is deleted and the remaining provisions of Section 8-15(b) be sequentially renumbered accordingly.
Section 3 - That Section 8-19(b)(23) of the Zoning Ordinance be and hereby is deleted and the remaining provisions of Section 8-19(b) be sequentially renumbered accordingly.
Section 4 - That Section 8-21(o) of the Zoning Ordinance be and hereby is amended, in pertinent part, and shall read as follows:
Section 8-21 Wholesale and Warehouse Business (B-4) Zone
o) Special Provisions
…
In addition to the uses permitted in SubSection (b) of this Section, the
following uses shall also be permitted in an Office/Warehouse Project:
As principal permitted uses:
a. Offices, and laboratories, limited to a maximum of seventy-five percent (75%) of the floor area of the building or project. This square footage limitation shall not apply if the project is located within the defined Infill and Redevelopment Area.
Section 5 - That Section 8-24(b)(10) of the Zoning Ordinance be and hereby is deleted and the remaining provisions of Section 8-24(b) be sequentially renumbered accordingly.
Section 6 - That Section 23A-9(b)(10) of Appendix 23A to the Zoning Ordinance be and hereby is deleted and the remaining provisions of Section 23A-9(b) be sequentially renumbered accordingly.
Section 8 - That Section 23A-10(b)(2) of Appendix 23A to the Zoning Ordinance be and hereby is deleted and the remaining provisions of Section 23A-10(b) be sequentially renumbered accordingly.
Section 9 - That if any Section, subSection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unlawful by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof
Section 10 - That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
MAYOR
ATTEST:
________________________________
CLERK OF URBAN COUNTY COUNCIL
PUBLISHED:
0885 -26:BGS:4897-0806-5493, v. 1