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File #: O-101-16    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/8/2016 In control: Metro Council
On agenda: 5/26/2016 Final action: 5/26/2016
Title: AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF CHAPTERS 1, 2 AND 8 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE OLD LOUISVILLE / LIMERICK TRADITIONAL NEIGHBORHOOD ZONING DISTRICT - APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 15AMEND1001)(AS AMENDED).
Sponsors: David James (D-6)
Attachments: 1. O-101-16 PROPOSED AMEND handed out by James, 2. 15AMEND1001_PZC_5-17-16, 3. 15AMEND1001_and_15AREA1001 all minutes, 4. 15AMEND1001_and_15AREA1001 staff reports, 5. 15AREA1001 and 15AMEND1001 public comments, 6. O-101-16 Ordinance 15AMEND1001 - TNZD_Text_Ordinance_2, 7. O-101-16 Amended Ordinance 15AMEND1001 - TNZD_Text_Ordinance_2, 8. ORD 068 2016 (AS AMENDED)
Related files: 15AMEND1001, 15AREA1001

      ORDINANCE NO. ______, SERIES 2016title

 

AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF CHAPTERS 1,  2 AND 8 OF THE LAND DEVELOPMENT CODE PERTAINING TO THE OLD LOUISVILLE / LIMERICK TRADITIONAL NEIGHBORHOOD ZONING DISTRICT - APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 15AMEND1001)(AS AMENDED).

body

SPONSORED BY: Councilmember David James

WHEREAS, the Louisville Metro Council approved Resolution 040, Series 2015, on April 16, 2015, requesting Planning and Design Services staff to evaluate and recommend amendments to the Old Louisville / Limerick  Traditional Neighborhood Zoning District (“TNZD”) permitted uses and sign standards; and

WHEREAS, the Planning Commission held a public hearing on March 21, 2016 to consider amendments to the Land Development Code ("LDC"); and

WHEREAS, the Planning Commission recommended approval, with modifications, of the proposed text amendments provided in the staff report as stated in the Planning Commission's minutes of March 21, 2016; and

WHEREAS, the Metro Council concurs in and adopts the findings and recommendations of the Planning Commission in Case No. 15AMEND1001 as reflected in the Planning Commission's minutes and records, and as more specifically set forth in Exhibit A attached hereto;

Now THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

Section I: The Metro Council hereby adopts the proposed text amendments pertaining to TNZD permitted uses and sign standards of the Land Development Code, as contained in the minutes and records of the Planning Commission in Case No. 15AMEND1001, dated March 21, 2016, and as more specifically set forth in Exhibit A attached hereto.

 

 

Section II: This Ordinance shall take effect upon its passage and approval.

 

 

 

___________________________                                          ___________________________                     

H. Stephen Ott                                                                                                         David Tandy

Metro Council Clerk                                                                                                         President of the Council

 

 

 

 

___________________________                                          ___________________________

Greg Fischer                                                                                                                              Approval Date

Mayor

 

 

 

APPROVED AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

By:_________________________

 

 

 

 

 

 

Exhibit A

Land Development Code Text Amendment Ordinance Attachment

1.2.2 Definitions

Carriage house - An accessory structure at the rear of a lot that was originally built to accommodate the storage of carriages, wagons, horse or mule stables, with or without an Accessory Residential Unit; or a new or renovated garage, storage building, or building accommodating another accessory use, with or without an Accessory Residential Unit, that has architectural characteristics similar to those of historic carriage houses.)

 

Historic house museums - Residences having historic and/or architectural significance which members of the public may view with or without charge for admission.

 

*                     *                     *                     *                     *

2.7.4                     Traditional Neighborhood Zoning District -  General Provisions

A.                     General Standards

3.                     Applicability of Other Ordinances.

Unless otherwise specifically provided in this Section or in the TNZD Plan an area-specific TNZD Section in this Land Development Code, all provisions of the Land Development Code and other relevant adopted design guidelines shall be applicable to the TNZD, except to the extent that they conflict with an approved provision of this zone.  Where a standard and a guideline conflict, the stricter shall control.

 

*                     *                     *                     *                     *

 

Appendix 2B TNZD Report 2.7.5                     Traditional Neighborhood Zoning District - Old Louisville / Limerick

A.                     TNZD Land Uses Tables

1.                     Table 2.1 2.7.4 , below, lists the uses permitted within the Old Louisville/Limerick TNZD.  In the event of a conflict between the general listing of uses in Table 2.7.4 below and the specific listing of uses in Tables 2.7.5 through 2.7.21, the specific listing of uses shall control. 

2.                     The ‘Standards’ column of the table cross-references special standards found in other parts of the Land Development Code that apply to the specific use.  A use designated as permitted subject to standards (PS) in Table 2.7.4 is permitted subject to standards, even if the cross-referenced standard is for a use requiring a Conditional Use Permit in the remainder of the Land Development Code.  A use designated as a Conditional Use (P/CU) in Table 2.7.4 requires a Conditional Use Permit, even if the cross references standard is for a use that is permitted subject to standards in the remainder of the Land Development Code.

3.                     The following table sets forth the meaning of the symbols used in Table 2.7.4. below.

 

Symbol

Meaning

P

The described use is permitted, subject to design and location standards where noted.

P/M

The described use is permitted where mapped. Mapped uses recognize traditional uses of structures existing on each lot pursuant to KRS 100. 201(3) or, in the case of vacant development sites, appropriate compatible uses.

NP

The use is not permitted.

P/CU

The use is permitted as Conditional Use in accordance with Chapter 11, Part 5A of the LDC.

PS

The use is permitted with special standards in accordance with Chapter 4 or Chapter 11 of the LDC.

N/A

Not applicable, since commercial uses are permitted in the Neighborhood Transition-Center, Neighborhood Center, Neighborhood Center Transition: Edge Transition, and Neighborhood General Campus Edge Transition.

P/M or P/CU

The use is permitted where mapped but newly established uses are permitted as a Conditional Use.

*

Plus one dwelling unit in the accessory structure area.

**

See Table 2.5.1 for the specific permitted uses.  Commercial uses, colleges, schools, institutions of learning and office Uses are permitted at ground level facing the street only where shown as Street Front Commercial on the TNZD Plan Map.  Colleges, schools, institutions of learning and office These uses shall not exceed 25% of the total area mapped as Street Front Commercial.

 

TABLE 2.1 2.7.4 OLD LOUISVILLE/LIMERICK TNZD LAND USES TABLE - GENERAL

 

 TNZD Land Use Category

Neighborhood General

Neighborhood Transition-Center

Neighborhood Center

Neighborhood Center Transition: Edge Transition

Neighborhood General Campus Edge Transition

Standards

Residential Uses

 

 

 

 

 

 

Dwellings, single family - one dwelling unit per lot*

P

P

NP

P

NP

 

Dwellings, two-family*

P

P

P

P

NP

 

Dwellings, multifamily

P/M

P

P

P

P

 

Garages and accessory residential units (Carriage Houses)

P

P

P

P

NP

 

Home occupations

PS

PS

PS

PS

NP

4.4.5

Homeless shelters

P/CU

PS or P/CU

PS or P/CU

P/CU

PS or P/CU

4.3.13

Live / work units

NP

PS

PS

PS

PS

4.3.19

Transitional housing

PS or P/CU

PS or P/CU

PS or P/CU

P/CU

PS or P/CU

4.3.14

Office Uses

 

 

 

 

 

 

Professional or business offices

NP

P

P

P

P**

 

Institutional Uses

 

 

 

 

 

 

Clubs, private, not for profit, or proprietary not including fraternities or sororities

P/M

P

NP P

P

NP

 

Colleges, schools, and institutions of learning

NP

P

NP P

P

P**

 

Community centers, parks, and playgrounds - not for profit

P/CU

P

NP P

NP

NP

11.5A.1.B

Cultural centers and civic buildings

P/M

P

NP P

P

NP

 

Day care centers, nurseries and kindergartens

NP

P

NP P

P

NP

 

Family care homes (mini-homes)

NP

P

NP P

P

NP

 

Fraternities and sororities

NP

NP

NP P

P

NP

 

Religious buildings, Churches, synagogues, parish halls, temples, convents, and monasteries

P/M

P

P/M

P

NP

 

Schools, elementary, middle, and high (public and private)

P/M

P

NP P

P

NP

 

Trade, business, or industrial schools

NP

P

NP P

P

NP

 

Commercial Uses

 

 

 

 

 

 

Corner Lot Commercial (includes office and/or residential uses)

P/M, See Table 2.7.7

N/A

N/A

N/A

N/A

 

General Commercial, except as listed below:

NP

P**See Table 2.7.9

P‡ See Table 2.7.12

See Table 2.7.16

See Table 2.7.19 P**

 

    Entertainment, outdoor

NP

P/CU

P

P

NP

11.5A.1.B

    Package liquor stores (no on-site alcohol consumption allowed)

NP

P/CU

P

P

NP

11.5A.1.B

    Taverns, bars, saloons

NP

P/CU

P

P

NP

11.5A.1.B

Transitional Commercial Uses

N/A

P/M***

N/A

N/A

N/A

 

Other Uses

 

 

 

 

 

 

Accessory uses

P

P

P

P

P

 

Bed and breakfasts inns

P/CU

P/CU PS

P/CU

P/CU

NP

4.2.9

Community gardens

PS

PS

PS

PS

PS

4.3.17

Community service facilities

P/M or P/CU

P P/CU

P P/CU

P/CU

P P/CU

4.2.54

Historic house museums

P/CU

P/CU

P/CU

P/CU

NP

11.5A.1.B

Market gardens

NP

PS

PS

PS

PS

4.3.18

Original use of structure

P

P

P

P

NP

 

Storage sheds

P

P

P

P

NP

 

Temporary buildings, uses, or activities

P

P

P

P

NP

 

Table 2.12.7.4 Notes

Building uses in effect prior to the adoption of these regulations and operating in a legal fashion according to the prior zoning classification of the property, including legal non-conforming uses, may continue to operate under the Traditional Neighborhood Zoning District. Legal non-conforming uses may not be expanded.

 

Subsequent sections of this chapter provide more detailed information on uses permitted in the four five TNZD components neighborhood types The term “replacement structures” referenced in the following tables means new construction on sites that were occupied by contributing principal structures on the effective date of the TNZD zoning classification.

** See Table 2.3.1 for the specific permitted uses

*** See Table 2.3.2 for the specific permitted uses

‡ See Table 2.4.1 for the specific permitted uses.  Commercial uses only are permitted at ground level facing the street where shown on the TNZD Plan Map.

‡‡

 

Table 2.7.5 Table 2.2.1 Uses Permitted in the Neighborhood General

 

Land Use Category

Description of Permitted Uses

Residential Uses

Dwellings, Single-Family

One dwelling unit is permitted per lot, including attached row houses on separate lots and semi-detached dwelling units where each dwelling unit is constructed on its own lot with one zero lot line between dwellings, plus one dwelling unit in the Accessory Structure Area of each lot.

Dwellings, Two-Family

Two dwelling units in the principal structure are permitted on a single lot, plus one dwelling unit in the Accessory Structure Area.  Existing principal structure was shall have originally been built as a two-family (duplex) dwelling unit.  Conversions of single-family dwellings to two-family dwellings shall be limited to existing principal structures in which one of the resulting two dwelling units shall have a minimum of 2,250 square feet.  New or replacement structures shall not to exceed the footprint of the previous Contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Garages and Accessory Residential Units (Carriage Houses)

Garages, parking or storage, including existing structures originally built as garages are permitted.   One dwelling unit per Accessory Structure with garage below is permitted.  A new Accessory Residential Units located in the Accessory Use area shall be permitted on any lot, provided that all design and parking standards are met.  Carriage House (an Accessory Structure at the rear of a lot that was originally built to accommodate the storage of carriages, wagons, horse or mule stables, with or without an Accessory Residential Unit; or a new or renovated garage, storage building, or building accommodating another accessory use, with or without an Accessory Residential Unit, that has architectural characteristics similar to those of historic carriage houses)

Other Uses

Accessory Uses

A use which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, or extent to the principal use served; and is located on the same building site as the principal use, including parking areas.

Original Use of Structure

A specific purpose for which an applicant seeks to use a structure that was existing on the property on November 22, 1926, and for which said structure was used on or before that date is permitted.

Storage sheds

Subordinate structures or buildings used primarily for storage purposes, the total square footage of which does not exceed 100 square feet each, are permittedExisting structures originally built as garages, carriage houses, or storage sheds are permittedNew structures and additions may be located within the Accessory Structure Area or within the Private Yard Area.   Storage sheds over 100 square feet shall be treated as Garages and Accessory Residential Structures.

Temporary Buildings, Uses, or Activities

Garage and yard sales, and tents, air structures, and other temporary structures (must not be displayed more than 10 days in a calendar year) per permitted. Buildings or uses incidental to active construction are permitted.

 

Table 2.7.6 Uses Permitted With Special Standards in the Neighborhood General

 

Land Use Category

Description of Permitted Uses

Residential Uses

Home Occupations

Home Occupations as permitted by Section 4.4.5 of the Land Development Code

Other Uses

Community gardens

Community gardens as permitted by Section 4.3.17 of the Land Development Code

 

Table 2.7.7 Table 2.2.2 Uses Permitted Where Mapped in the Neighborhood General

Owners of interior lots with nonresidential structures that were originally built as nonresidential structures, but that do not qualify for the Original Use Exception in Section 2.7.4.C.4.b, may apply for a TNZD Zoning Map change to a use listed below in accordance the process established in Section 2.7.4.C.4.a. 

 

Land Use Category

Description of Uses Permitted Where Mapped

Residential Uses

Dwellings, multifamily

Three or more residential units in the principal structure on a lot, not to exceed 34.8 dwelling units per acre for map- designated multifamily or, for replacement structures, the number of units shall not exceed previously existing density are permitted.    Existing structures originally built as a multifamily residential structures are permitted.   Conversions may decrease the existing number of dwelling units, and shall not be permitted to exceed the existing number of dwelling units.  Conversions to multifamily residential uses are permitted in structures where the original use has been determined to be a non-residential or institutional use.  New multifamily residential structures are permitted only where multifamily and institutional land uses are identified on the District Plan Map.  Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction are permitted.

Institutional Uses

Clubs, private, not for profit, or proprietary, with the exception of fraternities and sororities

Private non-profit clubs, but excluding fraternities and sororities  Existing structures originally built as lodges or for assembly use are permitted.   New construction permitted only where institutional uses are identified on the District Plan Map  Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction

Community Service Facility

Existing structures originally built for community service facilities or where institutional uses are identified on the District Plan Map.  Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. They provide the service on-site and have employees at the site on a regular basis. The service is ongoing, not just for special events.   These facilities may provide accessory uses such as counseling, education, or training. These facilities are not considered schools (e.g. training schools, business schools, etc.) and do not include a residential occupancy component.

Cultural centers and civic buildings

Uses include public halls or other facilities used for cultural (including visual and performing arts), social, or educational activities.  Existing structures originally built for community centers or assembly use or where institutional uses are identified on the District Plan Map.  New construction permitted only where institutional uses are identified on the District Plan Map  Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction

Religious buildings, Churches, synagogues, parish halls, temples, convents, and monasteries

Churches, synagogues, parish halls, temples, convents, and monasteries and ancillary uses  Existing structures originally built for assembly use or where institutional uses are identified on the District Plan Map.   Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Schools, elementary, middle, and high (public and private)

Elementary, middle, and high schools  Existing structures originally built as schools or educational buildings  New construction permitted only where institutional uses are identified on the District Plan Map.  Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction

Dwellings, multifamily

Three or more residential units in the principal structure on a lot, not to exceed 34.8 dwelling units per acre, as follows:  Conversions to multifamily residential uses are permitted in structures where the original use has been determined to be an institutional use.  New multifamily residential structures permitted where institutional land uses are identified on the District Plan Map.

Commercial Uses

Corner Lot Commercial

Corner Lot Commercial Uses, as listed below, are permitted where mapped, subject to the following standards.  The following uses are permitted for existing structures, originally built as corner lot commercial buildings, with designated commercial uses limited to on the first floor only. Any floor may be used for office uses as permitted for Neighborhood Center-Transition and/or for residential uses.  New construction is permitted only where Corner Lot Commercial uses are identified on the District Plan Map, provided total gross floor area of commercial/retail use does not exceed 5,000 square feet on the first floor and is accessible from the public sidewalk. Any floor may be used for office and/or residential uses.  Replacement structures shall not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.  Corner Lot Commercial Uses  1. Antique shops 2. Art galleries 3. Art supply stores and crafts shop 4. Athletic facilities (indoor only) 5. Audio/video recording studios, where all activities are in a building, provided the building is sound proof 6. Bakeries retail sales only 7. Banks, credit unions, and savings and loans 8. Barber shops 9. Beauty shops 10. Bicycle sales and service 11. Billiard parlors; game rooms and similar entertainment uses 12. Book stores 13. Clothing, dry goods and notions stores 14. Collectibles shops 15. Colleges, schools and institutions of learning 16. Computer sales and services, (hardware and software), and programming services 17. Confectionery, ice cream, or candy stores, retail only 18. Convenience groceries (Indoor malt beverage sales permitted only with proper ABC license) 19. Dance Instruction (excludes adult entertainment uses as defined within LMCO Chapter 11) 20. Day care centers, day nurseries, nursery schools and kindergartens 21. Delicatessens, retail only 22. Department stores 23. Dressmaking or millinery shops 24. Drug stores (Indoor malt beverage, distilled spirits and wine sales permitted only with proper ABC license) 25. Dry cleaning, dyeing, pressing, and laundry; distributing stations or retail business where no cleaning, dyeing, pressing or laundry is done for other distributing stations or cleaning establishments 26. Electric appliance stores 27. Engraving, watchmaking and jewelry manufacturing, where products sold on premises 28. Entertainment activity (as defined by LDC and is not considered adult entertainment as further defined by LDC) - indoor only. 29. Equipment rental, where all activities are within a building 30. Florists shops 31. Furniture stores 32. Grocery stores, including fruit, meat, fish, and/or vegetable. (Indoor malt beverage sales permitted only with proper ABC license) 33. Hardware and paint stores 34. Health spas 35. Indoor malt beverage sales only with proper ABC license and only in association with a convenience store or a grocery store 36. Indoor malt beverage, distilled spirits and wine sales only with proper ABC license and only in association with a drug store 37.    Indoor and outdoor malt beverage, distilled spirits and wine sales and consumption only with proper ABC license and only in association with a restaurant, tea room or cafe. 38. Interior decorating shops 39. Jewelry stores 40. Laundry and dry cleaning pick-up shops and self-service laundries 41.     Laundries or launderettes, self-service 42. Libraries, museums, historical buildings and grounds, arboretums, aquariums, and art galleries 43. Micro-breweries and micro-distilleries (where production activities occur indoors in a space 5,000 square feet or less) as an accessory use to a restaurant 44. Monument sales, provided that all activities are within a building 45. Music stores 46. Music and vocal instructions where all activities are within a building, providing the building is sound proof 47. Nurseries, retail only 48. Pawn Shop 49. Pet grooming, obedience training and related pet activities, provided the operation is conducted within a soundproofed building, no animals are boarded, and there are no runs or pens outside of the building 50. Pet shops . Pharmacies 51. Photographic shops 52. Photography studios 53. Picture framing 54. Rental businesses offering items whose sale is a permitted use in this district, videocassette and similar products, rental and sales but not constituting an adult video rental center 55. Restaurants, tea rooms and cafes excluding outdoor dancing and entertainment activity (Indoor and outdoor alcohol malt beverage, distilled spirits and wine sales and consumption only with proper ABC license) (no drive-through service permitted) 56. Shoe repair shops 57. Shoe stores 58. Stationery stores 59. Tailor 60. Tanning salons 61. Tattoo, body art, and piercing parlors 62. Theaters, enclosed within a building 63. Toy and hobby stores 64. Upholstery and furniture repair shops

 

Table 2.7.8 Table 2.2.3 Uses Permitted as Conditional Uses in the Neighborhood General

 

Land Use Category

Description of Uses Permitted as Conditional Uses

Residential Uses

Homeless Shelter

Homeless shelters as permitted by Section 4.3.13 of the Land Development Code.   Any facility the primary purpose of which is to provide temporary shelter for the homeless.   The facility provides overnight sleeping accommodations with or without charge; may provide meals and ancillary social, educational or health services.  The facility is staffed.

Transitional Housing

Transitional housing as permitted by Section 4.3.14 of the Land Development Code.   A temporary residential living arrangement for persons participating in a program that provides supportive services (such as counseling, education, training, etc.) to help persons achieve personal independence.  Staff is available as needed.  Transitional housing is not a rehabilitation home.  These facilities are not subject to the Uniform Residential Landlord Tenant Act (KRS 383.500 et seq.).

Other Uses

Bed & Breakfasts Inns

Bed and breakfasts as permitted by Section 4.2.9 of the Land Development Code.   The use of a residential structure as a small inn which provides no more than nine (9) quest rooms for hire to short- term guests, in which the only meal served to guests is breakfast, unless the bed and breakfast inn has an additional food service license which allows other meals to be served.  The innkeeper resides on the premises or property immediately adjacent to it during periods of occupancy, and the facility has a permit from the Kentucky Cabinet for Health Services to operate as a Bed and Breakfast Inn.  Meals, meeting facilities, and other services shall be provided only for guests registered at the bed and breakfast inn.

Community Centers, Parks, and Playgrounds - not for profit

Community centers, parks, and playgrounds - not for profit as permitted by Section 11.5A.1.B of the Land Development Code.   Community center is defined as “a facility that is available for public use as a meeting place or for recreation that does not limit access only to members and does not charge membership dues.”

Community Service Facility

Community service facility as permitted by Section 4.2.54 of the Land Development Code.  Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. They provide the service on-site and have employees at the site on a regular basis. The service is ongoing, not just for special events.   These facilities may provide accessory uses such as counseling, education, or training. These facilities are not considered schools (e.g. training schools, business schools, etc.) and do not include a residential occupancy component.

Historic House Museums

Historic house museums as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.  Residences having historic and/or architectural significance which members of the public may view with or without charge for admission.

 

Table 2.7.9 Table 2.3.1 Uses Permitted in the Neighborhood Transition-Center

 

Land Use Category

Description of Permitted Uses

Residential Uses

Dwellings, Single Family

One dwelling unit per lot, including attached row houses on separate lots and semi-detached dwelling units where each dwelling unit is constructed on its own lot with one zero lot line between dwellings, plus one dwelling unit in the Accessory Structure Area of each lot.

Dwellings, Two-Family

Two dwelling units in the principal structure on a single lot, plus one dwelling unit in the Accessory Structure Area.

Dwellings, Multifamily

Three or more residential units in the principal structure on a lot, not to exceed 53 dwelling units per acre or, for replacement structures, the number of units shall not exceed the previously existing density.

Garages and Accessory Residential Units (Carriage Houses)

Garages, parking or storage, including existing structures originally built as garages. One dwelling unit per Accessory Structure with garage below. A new Accessory Residential Unit located in the Accessory Use area shall be permitted on any lot provided that all design and parking standards are met. Carriage House (an Accessory Structure at the rear of a lot that was originally built to accommodate the storage of carriages, wagons, horse or mule stables, with or without an Accessory Residential Unit; or a new or renovated garage,  storage  building,  or  building  accommodating  another  accessory  use,  with  or  without  an  Accessory Residential Unit, that has architectural characteristics similar to those of historic carriage houses).

Office Uses

Professional or business offices

Professional offices

Institutional Uses

Clubs, private, not for profit, or proprietary, not including fraternities or sororities

Colleges, schools, and institutions of learning

Community Centers, Parks, and Playgrounds - not for profit

Community center is defined as “a facility that is available for public use as a meeting place or for recreation that does not limit access only to members and does not charge membership dues.”

Cultural centers and civic buildings

Uses include public halls or other facilities used for cultural (including visual and performing arts), social, and educational activities.

Day care centers, day nurseries, nursery schools, and kindergartens

Family Care Homes (mini-homes)

Religious buildings, Churches, synagogues, parish halls, temples, convents, and monasteries

Churches, synagogues, parish halls, temples, convents, and monasteries and ancillary uses  Existing structures originally built for assembly use or where institutional uses are identified on the District Plan Map.   Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Schools, elementary, middle, and high (public and private)

Nursery, elementary, middle, and high schools.  Existing structures originally built as schools or educational buildings or where institutional uses are identified on the District Plan Map  New or replacement structures, permitted only where institutional uses are identified on the District Plan Map. Replacement structures shall not exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Trade, business, or industrial schools

Commercial Uses

General Commercial

The uses listed in Section 2.4.4.A for the C-2 zoning district are permitted in the Neighborhood Transition-Center, excluding the following uses, which are prohibited: 1. Automobile rental agencies  2. Automobile repair garages 3. Automobile sales agencies 4. Automobile service station 5. Boat Sales and related storage 6. Car washes having prior approval by the agency responsible for transportation planning 7. Outdoor entertainment 8. Used car sales areas, provided that no repair or reconditioning of automobiles or storage of parts shall be permitted except when enclosed in a building  In addition, the following uses are permitted in the Neighborhood Transition-Center: 1. Assisted living residence 2. Entertainment activity, indoor only 3. Governmental buildings

Miscellaneous Commercial

Accessory Uses.   A use which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, or extent to the principal use served; and is located on the same building site as the principal use, including parking areas.

 

Original Use of Structure A specific purpose for which an applicant seeks to use a structure that was existing on the property on November 22, 1926, and for which said structure was used on or before that date.

 

Storage sheds, subordinate structures or buildings used primarily for storage purposes, the total square footage of which does not exceed 100 square feet each.

 

Temporary Buildings, Uses, or Activities.   Garage and yard sales, and tents, air structures, and other temporary structures (must not be displayed more than 10 days in a calendar year).

 

Existing structures originally built as garages, carriage houses, or storage sheds.

 

New structures and additions may be located within the Accessory Structure Area or within the Private Yard Area.

 

Storage sheds over 100 square feet shall be treated as Garages and Accessory Residential Structures.

 

Buildings or uses incidental to active construction.

Commercial uses for existing and new buildings shall be limited to the following:

Antique shops

 

Art and craft galleries

 

Assisted Living Residence

 

Athletic facilities (indoor only)

 

Audio/video recording studios, providing the building is sound proof

 

Bakeries and delicatessens, retail (all products produced to be sold on the premises only)

 

Banks, credit unions, savings and loans and similar financial institutions

 

Beauty salons and barber shops

 

Bicycle and Athletic Equipment - sales and service

 

Book shops and stationery stores

 

Bookbinding

 

Building materials, storage and sales provided all operations are totally enclosed in a building

 

Cleaning, pressing, and dyeing establishments using non-flammable and non-explosive cleaning fluid

 

Clothing stores

 

Coin laundries

 

Computer sales

 

Restricted Commercial Confectionery or candy stores, retail (all products produced to be sold on the premises only)

 

Dancing instruction

 

Department stores

 

Dressmaking or millinery shops

 

Drug stores / Pharmacies

 

Dry cleaning, dyeing, pressing, and laundry; distributing stations or retail business where no cleaning, dyeing, pressing or laundry is done for other distributing stations or cleaning establishments

 

Dry goods and notion stores

 

Electric appliance stores, including radio and television

 

Engraving, watchmaking and jewelry manufacturing, where products are sold on premises

 

Entertainment Activity (as defined by LDC and is not considered adult entertainment as further defined by LDC) -

 

indoor only

 

Equipment rental, where all activities are within a building

 

Extended stay lodging

 

Family day care home

 

Florists and sundry stores

 

Funeral homes

 

Furniture stores

 

Governmental buildings

 

Grocery stores

Commercial uses for existing and new buildings shall be limited to the following:

Hardware and paint stores

 

Health clubs & salons

 

Homes for infirm and aged

 

Hotels and motels

 

Interior decorating shops

 

Jewelry stores

 

Libraries, museums, historical buildings and grounds, arboretums, aquariums, and art galleries

 

Medical laboratories, not including plasma or blood collecting centers

 

Monument sales, provided that all activities are within a building

 

Music and art supply stores

 

Music and vocal instructions

 

Nurseries, retail

 

Nursing homes

 

Pet shops

 

Photocopying, duplicating, paper folding, mail processing and related services

 

Photographic studios and shops

 

Picture framing

 

Printing, lithographing, or publishing establishments, if constructed to insure that there is no noise or vibration evident outside the walls of the buildings

 

Public transportation passenger terminals

 

Restricted Commercial Restaurants, including coffee houses, tea rooms, and cafes, where food and drink may be served or consumed outside or inside (no drive-through service permitted)

 

Retail or wholesale stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the business conducted on the premises, and provided that not more than fifty (50) percent of the floor area of the building is used in the manufacture, processing, or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes

 

Rubber stamp manufacturing, where products are sold on the premises

 

Shoe repair shops

 

Shoe stores

 

Sign painting

 

Stationary stores

 

Tailor

 

Telephone exchanges

 

Temporary buildings, the uses of which are incidental to construction operations being conducted on the same or adjoining lot or tract, and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner

 

Tents, air structures and other temporary structures intended for occupancy y commercial activities including but not limited to sales, display, and food services, provided that applicable building and fire safety codes are met, and provided further that such structures may not be installed for a period (or periods totaling) more than ten (10) days during a calendar year

 

Theaters

 

Toy & Hobby stores

 

Upholstery and furniture repair shops

 

Variety stores

 

Veterinary hospital, provided the operations is conducted within a soundproofed building, no animals are boarded, and there are no runs or pens outside of the building

 

Other similar neighborhood serving uses as established by the Planning Commission

 

Other uses

Restricted Commercial

Existing structures originally built for commercial use or as corner lot commercial buildings, with designated commercial uses limited to the first floor.  Any floor may be used for business or professional office or residential use.

 

New structures built for commercial use provided designated commercial use is limited to the first floor and accessible from public sidewalk.  Any floor may be used for business or professional office or residential use.

 

Replacement  structures  shall  not  exceed the footprint  of  the previous  contributing principal structure,  unless approved by governing authorities in accordance with standards for new construction, provided designated commercial uses are limited to the first floor and no front yard commercial additions shall be permitted for Contributing Structures.

 

Table 2.7.10 Uses Permitted With Special Standards in the Neighborhood Transition-Center

 

Land Use Category

Description of Permitted Uses

Residential Uses

Home Occupations

Home Occupations as permitted by Section 4.4.5 of the Land Development Code

Live / work units

Live / work units as permitted by Section 4.3.19 of the Land Development Code

Other Uses

Bed and breakfasts

Bed and breakfasts as permitted by Section 4.2.9 of the Land Development Code.

Community gardens

Community gardens as permitted by Section 4.3.17 of the Land Development Code

Market gardens

Market gardens in association with Section 4.3.18 of the Land Development Code

 

Table 2.3.2 Uses Permitted Where Mapped in the Neighborhood Transition - Center

 

Land Use Category

Description of Uses Permitted Where Mapped

Transitional Commercial Uses (Edge Transition Only)

Automobile Rental Agencies

Automobile Repair Garages

Excludes body work and painting, limited to five (5) service bays, as long as such operations are not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes.

Automobile Sales Agencies

Provided that no repair or reconditioning of automobiles or storage of parts shall be permitted except when enclosed in a building.

Automobile Service Stations

Plumbing and Heating Shops, storage and sales

Provided all operations are totally enclosed in a building

Restaurants with drive- through windows

Provided prior approval received from the agency responsible for traffic engineering

Tavern

Tavern

Entertainment

Entertainment Activity (as defined by LDC and is not considered adult entertainment as further defined by LDC) - indoor and outdoor

 

Table 2.7.11 Table 2.3.3 Uses Permitted as Conditional Uses in the Neighborhood-Transition Center

 

Land Use Category

Description of Uses Permitted as Conditional Uses

Residential Uses

Homeless Shelter

Homeless shelters as permitted by Section 4.3.13 of the Land Development Code.   Any facility the primary purpose of which is to provide temporary shelter for the homeless.   The facility provides overnight sleeping accommodations with or without charge; may provide meals and ancillary social, educational or health services.  The facility is staffed.

Transitional Housing

Transitional housing as permitted by Section 4.3.14 of the Land Development Code.   A temporary residential living arrangement for persons participating in a program that provides supportive services (such as counseling, education, training, etc.) to help persons achieve personal independence.  Staff is available as needed.  Transitional housing is not a rehabilitation home.  These facilities are not subject to the Uniform Residential Landlord Tenant Act (KRS 383.500 et seq.).

Commercial  Uses

Entertainment Activity - Outdoor

Entertainment activity - outdoor as permitted by Section 11.5A.B of the Land Development Code. This use may have significant impacts on nearby residential uses, therefore a conditional use permit In addition, review should shall include at a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation. for outdoor entertainment activity.

Package liquor stores (no on-site alcohol consumption allowed)

Package liquor stores as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.

Tavern, bar saloon

Tavern, bar, saloon as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.

Other Uses

Bed & Breakfast Inns

The use of a residential structure as a small inn which provides no more than nine (9) quest rooms for hire to short-term guests, in which the only meal served to guests is breakfast, unless the bed and breakfast inn has an additional food service license which allows other meals to be served.  The innkeeper resides on the premises or property immediately adjacent to it during periods of occupancy, and the facility has a permit from the Kentucky Cabinet for Health Services to operate as a Bed and Breakfast Inn.   Meals, meeting facilities, and other services shall be provided only for guests registered at the bed and breakfast inn.

Community Service Facility

Community service facility as permitted by Section 4.2.54 of the Land Development Code.   Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. They provide the service on-site and have employees at the site on a regular basis. The service is ongoing, not just for special events.  These facilities may provide accessory uses such as counseling,  education,  or  training.  These  facilities  are  not  considered  schools  (e.g.  training  schools, business schools, etc.) and do not include a residential occupancy component.

Historic House Museums

Historic house museums as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.  Residences having historic and/or architectural significance which members of the public may view with or without charge for admission.

 

Table 2.7.12 Table 2.4.1 Uses Permitted in the Neighborhood Center

 

Land Use Category

Description of Permitted Uses

Residential Uses

Dwellings, Two-Family

Two dwelling units in the principal structure on a single lot, plus one dwelling unit in the Accessory Structure Area.

Dwellings, Multifamily

Three or more residential units in the principal structure on a lot, not to exceed 90 dwelling units per acre.

Home Occupations

Home Occupations as permitted by Chapter 4.4.5 of the Land Development Code.

Garages and accessory residential units (Carriage House)

(An Accessory Structure at the rear of a lot that was originally built to accommodate the storage of carriages, wagons, horse or mule stables, with or without an Accessory Residential Unit; or a new or renovated garage, storage  building,  or  building  accommodating  another  accessory  use,  with  or  without  an  Accessory Residential Unit, that has architectural characteristics similar to those of historic carriage houses).

Office Uses

Professional  or business offices

Professional  or business offices

Institutional Uses

Clubs, private, not for profit, or proprietary, not including fraternities or sororities

Colleges, schools, and institutions of learning

Community Centers, Parks, and Playgrounds - not for profit

Community center is defined as “a facility that is available for public use as a meeting place or for recreation that does not limit access only to members and does not charge membership dues.”

Cultural centers and civic buildings

Uses include public halls or other facilities used for cultural (including visual and performing arts), social, and educational activities.

Day care centers, day nurseries, nursery schools, and kindergartens

Family Care Homes (mini-homes)

Fraternities and sororities

Religious buildings, Churches, synagogues, parish halls, temples, convents, and monasteries

Churches, synagogues, parish halls, temples, convents, and monasteries and ancillary uses  Existing structures originally built for assembly use or where institutional uses are identified on the District Plan Map.   Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Schools, elementary, middle, and high (public and private)

Nursery, elementary, middle, and high schools.  Existing structures originally built as schools or educational buildings or where institutional uses are identified on the District Plan Map  New or replacement structures, permitted only where institutional uses are identified on the District Plan Map. Replacement structures shall not exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Trade, business, or industrial schools

Commercial Uses

Community/ Cultural Centers, and Civic Buildings Uses include meeting halls or other facilities used for cultural (including visual and performing arts), recreational, social, or educational activities.

General Commercial

The uses listed in Section 2.4.4.A for the C-2 zoning district are permitted in the Neighborhood Center, excluding the following uses, which are prohibited: 1.    Automobile parking areas, public and private 2.    Automobile rental agencies 3.    Automobile rental agencies with no more than 25 rental passenger vehicles stored on site, and no more than two service bays for cleaning or maintenance, and having no repair or storage/dispensing of fuel 4.    Automobile sales agencies 5.    Used car sales areas, provided that no repair or reconditioning of automobiles or storage of parts shall be permitted except when enclosed in a building  In addition, the following uses are permitted in the Neighborhood Center: 1.    Assisted living residence 2.    Entertainment activity, indoor or outdoor

  Commercial uses shall be limited to the following:

Antique and collectibles stores

 

Appliance repair stores, including radios and televisions

 

Appliance/furniture stores

 

Art and craft galleries and supplies

 

Assisted Living Residence

 

Athletic facilities (indoor only)

 

Audio/video recording studios, providing the building is sound proof

 

Bakeries and delicatessens, retail (all products to be sold on the premises only)

 

Banks, credit unions, savings and loans and similar financial institutions

 

Beauty salons and barber shops

 

Bicycle and Athletic Equipment - sales and service

 

Book shops and stationery stores

 

Bookbinding

 

Building materials, storage and sales provided all operations are totally enclosed in a building

 

Cleaning, pressing, and dyeing establishments using non-flammable and non-explosive cleaning fluid

 

Clothing stores

 

Coin laundries

 

Computer sales

 

Confectionery or candy stores, retail (all products sold on the premises only)

 

Dancing instruction

 

Department stores

 

Dressmaking or millinery shops

 

Drug stores / Pharmacies

 

Dry cleaning,  dyeing,  pressing,  and laundry;  distributing stations  or retail business where no cleaning, dyeing, pressing or laundry is done for other distributing stations or cleaning establishments

Table 2.4.1 (continued) Uses Permitted in the Neighborhood Center

 

Land Use Category

Description of Permitted Uses

Commercial Uses (cont.)

  Commercial uses shall be limited to the following:

Dry goods and notion stores

 

Engraving, watchmaking and jewelry manufacturing,  products are sold on premises

 

Entertainment Activity (as defined by LDC and is not considered adult entertainment as further defined by LDC) - indoor and outdoor

 

Equipment rental, where all activities are within a building

 

Extended stay lodging

 

Family day care home

 

Florists and sundry stores

 

Funeral homes

 

Furniture stores

 

Governmental buildings

 

Grocery stores

 

Hardware and paint stores

 

Health clubs & salons

 

Homes for infirm and aged

 

Hotels and motels

 

Interior decorating shops

 

Jewelry stores

 

Libraries, museums, historical buildings and grounds, arboretums, aquariums, and art galleries

 

Medical laboratories, not including plasma or blood collecting centers

 

Monument sales, provided that all activities are within a building

 

Music supply stores, Music and vocal instructions

 

Nurseries, retail

 

Nursing homes

 

Package liquor stores (where alcohol is not consumed on the premises)

 

Pet shops

 

Photocopying, duplicating, paper folding, mail processing and related services

 

Photographic studios and shops

 

Picture framing

 

Printing,  lithographing,  or  publishing  establishments,  if  constructed  to  insure  that  there  is  no noise or vibration evident outside the walls of the buildings

 

Public transportation passenger terminals

 

Restaurants,  including coffee houses,  tea rooms,  and cafes,  where food and drink may be served or consumed outside or inside (no drive-through service permitted)

 

Retail or wholesale stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the business conducted on the premises, and provided that not more than fifty (50) percent of the floor area of the building is used in the manufacture, processing, or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes

 

Rubber stamp manufacturing, where products are sold on the premises

 

Shoe repair shops

 

Shoe stores

 

Sign painting

 

Stationary stores

 

Tailor

 

Tavern

 

Telephone exchanges

 

Temporary buildings, the uses of which are incidental to construction operations being conducted on the same or adjoining lot or tract, and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner

 

Tents, air structures and other temporary structures intended for occupancy  commercial activities including but not limited to sales, display, and food services, provided that applicable building and fire safety codes are met, and provided further that such structures may not be installed for a period (or periods totaling) more than ten (10) days during a calendar year.

 

Theaters

 

Toy & Hobby stores

 

Upholstery and furniture repair shops

 

Variety stores

 

Veterinary hospital, provided the operations is conducted within a soundproofed building, no animals are boarded, and there are no runs or pens outside of the building

 

Video stores

 

Other similar neighborhood serving uses as established by the Planning Commission

 

 

Other Uses

Accessory uses

A use which is clearly incidental to, customarily found in association with, and serves a principal use; is subordinate in purpose, area, or extent to the principal use served; and is located on the same building site as the principal use, including parking areas.

Original use of structure

A specific purpose for which an applicant seeks to use a structure that was existing on the property on November 22, 1926, and for which said structure was used on or before that date.

Storage sheds

Subordinate structures or buildings used primarily for storage purposes, the total square footage of which do not exceed 100 square feet each.

Temporary buildings, uses, or activities

Garage and yard sales, and tents, air structures, and other temporary structures (must not be displayed more than 10 days in a calendar year).  Buildings or uses incidental to active construction.

 

Table 2.7.13 Uses Permitted With Special Standards in the Neighborhood Center

 

Land Use Category

Description of Permitted Uses

Residential Uses

Home Occupations

Home Occupations as permitted by Section 4.4.5 of the Land Development Code

Live / work units

Live / work units as permitted by Section 4.3.19 of the Land Development Code

Other Uses

Community gardens

Community gardens as permitted by Section 4.3.17 of the Land Development Code

Market gardens

Market gardens in association with Section 4.3.18 of the Land Development Code

Table 2.7.14 Table 2.4.2 Uses Permitted Where Mapped in the Neighborhood Center

 

Land Use Category

Description of Uses Permitted Where Mapped

Institutional Uses

Religious buildings, parish halls, convents, and monasteries Churches, synagogues, temples,

Religious institutions, church buildings, synagogues, temples, mosques, and ancillary uses.

 

Table 2.7.15 Table 2.4.3 Uses Permitted as Conditional Uses in the Neighborhood Center

 

Land Use Category

Description of Uses Permitted as Conditional Uses

Residential Uses

Homeless Shelter

Homeless shelters as permitted by Section 4.3.13 of the Land Development Code.   Any facility the primary purpose of which is to provide temporary shelter for the homeless.   The facility provides overnight sleeping accommodations with or without charge; may provide meals and ancillary social, educational or health services.  The facility is staffed.

Transitional Housing

Transitional housing as permitted by Section 4.3.14 of the Land Development Code.   A temporary residential living arrangement for persons participating in a program that provides supportive services (such as counseling, education, training, etc.) to help persons achieve personal independence.  Staff is available as needed.  Transitional housing is not a rehabilitation home.  These facilities are not subject to the Uniform Residential Landlord Tenant Act (KRS 383.500 et seq.).

Other Uses

Bed & Breakfast Inns

Bed and breakfasts as permitted by Section 4.2.9 of the Land Development Code.  Residential structured used by a resident thereof as a small inn which provides 8 or fewer temporary rooms for hire to short-term guests, and includes a breakfast for the guest or guests at a daily fixed price for the room  and  breakfast.    Meals,  meeting facilities,  and other services  shall be provided only for guests registered at the bed and breakfast inn.

Community Service Facility

Community service facility as permitted by Section 4.2.54 of the Land Development Code.   Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. They provide the service on-site and have employees at the site on a regular basis. The service is ongoing, not just for special events.  These facilities may provide accessory uses such as counseling,  education,  or  training.  These  facilities  are  not  considered  schools   (e.g.  training  schools, business schools, etc.) and do not include a residential occupancy component.

Historic House Museums

Historic house museums as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.  Residences having historic and/or architectural significance which members of the public may view with or without charge for admission.

 

Table 2.7.16 Uses Permitted in the Neighborhood Center Transition: Edge Transition

 

Land Use Category

Description of Permitted Uses

Residential Uses

Dwellings, Single Family

One dwelling unit per lot, including attached row houses on separate lots and semi-detached dwelling units where each dwelling unit is constructed on its own lot with one zero lot line between dwellings, plus one dwelling unit in the Accessory Structure Area of each lot.

Dwellings, Two-Family

Two dwelling units in the principal structure on a single lot, plus one dwelling unit in the Accessory Structure Area.

Dwellings, Multifamily

Three or more residential units in the principal structure on a lot, not to exceed 90 dwelling units per acre.

Garages and accessory residential units (Carriage House)

(An Accessory Structure at the rear of a lot that was originally built to accommodate the storage of carriages, wagons, horse or mule stables, with or without an Accessory Residential Unit; or a new or renovated garage, storage  building,  or  building  accommodating  another  accessory  use,  with  or  without  an  Accessory Residential Unit, that has architectural characteristics similar to those of historic carriage houses).

Office Uses

Professional or business offices

Professional  or business offices

Institutional Uses

Clubs, private, not for profit, or proprietary, not including fraternities or sororities

Colleges, schools, and institutions of learning

Community Centers, Parks, and Playgrounds - not for profit

Community center is defined as “a facility that is available for public use as a meeting place or for recreation that does not limit access only to members and does not charge membership dues.”

Cultural centers and civic buildings

Uses include public halls or other facilities used for cultural (including visual and performing arts), social, and educational activities.

Day care centers, day nurseries, nursery schools, and kindergartens

Family Care Homes (mini-homes)

Fraternities and sororities

Religious buildings, Churches, synagogues, parish halls, temples, convents, and monasteries

Churches, synagogues, parish halls, temples, convents, and monasteries and ancillary uses  Existing structures originally built for assembly use or where institutional uses are identified on the District Plan Map.   Replacement structures not to exceed the footprint of the previous contributing principal structure, unless approved by governing authorities in accordance with standards for new construction.

Schools, elementary, middle, and high (public and private)

Nursery, elementary, middle, and high schools.  Existing structures originally built as schools or educational buildings or where institutional uses are identified on the District Plan Map  New or replacement structures, permitted only where institutional uses are identified on the District Plan Map. Replacement  structures  shall  not  exceed  the footprint  of  the previous  contributing principal structure,  unless approved by governing authorities in accordance with standards for new construction.

Trade, business, or industrial schools

Commercial Uses

Community/ Cultural Centers, and Civic Buildings Uses include meeting halls or other facilities used for cultural (including visual and performing arts), recreational, social, or educational activities.

General Commercial

The uses listed in Section 2.4.4.A for the C-2 zoning district are permitted in the Neighborhood Center Transition: Edge Transition.  In addition, the following uses are permitted in the Neighborhood Center: 1.    Assisted living residence 2.    Entertainment activity, indoor or outdoor

 

Table 2.7.17                     Uses Permitted With Special Standards in the Neighborhood Center Transition: Edge Transition

 

Land Use Category

Description of Permitted Uses

Residential Uses

Home Occupations

Home Occupations as permitted by Section 4.4.5 of the Land Development Code

Live / work units

Live / work units as permitted by Section 4.3.19 of the Land Development Code

Other Uses

Community gardens

Community gardens as permitted by Section 4.3.17 of the Land Development Code

Market gardens

Market gardens in association with Section 4.3.18 of the Land Development Code

 

Table 2.7.18                     Uses Permitted as Conditional Uses in the Neighborhood Center Transition: Edge Transition

 

Land Use Category

Description of Uses Permitted as Conditional Uses

Resident al

Homeless Shelter

Homeless shelters as permitted by Section 4.3.13 of the Land Development Code.

Transitional Housing

Transitional housing as permitted by Section 4.3.14 of the Land Development Code.

Other Uses

Bed & Breakfast Inns

Bed and breakfasts as permitted by Section 4.2.9 of the Land Development Code.

Community Service Facility

Community service facility as permitted by Section 4.2.54 of the Land Development Code.

Historic House Museums

Historic house museums as permitted by Section 11.5A.1.B of the Land Development Code. In addition, review shall include a minimum: an analysis of nearby residential uses and potential impacts, screening and buffering needed to protect adjacent residential uses, and limited hours of operation.

 

Table 2.7.19                     Table 2.5.1 Uses Permitted in the Neighborhood General Campus Edge Transition

 

Land Use Category

Description of Permitted Uses

Residential Uses

Dwellings, Multifamily

Three or more residential units in the principal structure on a lot, not to exceed 90 dwelling units per acre.

Office Uses

Professional or business offices

Professional  or business offices (Combined with Institutional Uses, not to exceed 25% of area mapped as store front commercial)

Institutional  Uses

Colleges, schools, and institutions of learning

Colleges, schools, and institutions of learning (Combined with Office Uses. not to exceed 25% of area mapped as store front commercial)

Commercial Uses

Commercial uses shall be limited to the following:

Antique and collectibles stores

 

Appliance repair stores, including radios and televisions

 

Appliance/furniture stores

 

Art and craft galleries and supplies

 

Athletic facilities (indoor only)

 

Audio/video recording studios, providing the building is sound proof

 

Bakeries and delicatessens, retail (all products to be sold on the premises only)

Commercial uses shall be limited to the following:

Banks, credit unions, savings and loans and similar financial institutions

 

Beauty salons and barber shops

 

Bicycle and Athletic Equipment - sales and service

 

Book shops and stationery stores

 

Bookbinding

 

Cleaning, pressing, and dyeing establishments using non-flammable and non-explosive cleaning fluid

 

Clothing stores

 

Coin laundries

 

Computer sales

 

Confectionery or candy stores, retail (all products sold on the premises only)

 

Dancing instruction

 

Department stores

 

Dressmaking or millinery shops

 

Drug stores / Pharmacies

 

Dry cleaning,  dyeing,  pressing,  and laundry;  distributing stations  or retail business where no cleaning, dyeing, pressing or laundry is done for other distributing stations or cleaning establishments

 

Dry goods and notion stores

 

Engraving, watchmaking and jewelry manufacturing,  products are sold on premises

 

Equipment rental, where all activities are within a building

 

Florists and sundry stores

 

Furniture stores

 

Grocery stores

 

Hardware and paint stores

 

Health clubs & salons

 

Interior decorating shops

 

Jewelry stores

 

Music supply stores, Music and vocal instructions

 

Neighborhood pubs and live music in restaurants

 

Nurseries, retail

 

Pet shops

 

Photocopying, duplicating, paper folding, mail processing and related services

 

Photographic studios and shops

 

Picture framing

 

Printing,  lithographing,  or  publishing  establishments,  if  constructed  to  insure  that  there  is  no noise or vibration evident outside the walls of the buildings

 

Restaurants,  including coffee houses,  tea rooms,  and cafes,  where food and drink may be served or consumed outside or inside (no drive-through service permitted)

 

Retail or wholesale stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the business conducted on the premises, and provided that not more than fifty (50) percent of the floor area of the building is used in the manufacture, processing, or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration, or other similar causes

 

Rubber stamp manufacturing, where products are sold on the premises

 

Shoe repair shops

 

Shoe stores

 

Sign painting

 

Stationary stores

 

Tailor

 

Temporary buildings, the uses of which are incidental to construction operations being conducted on the same or adjoining lot or tract, and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner

 

Theaters

 

Toy & Hobby stores

 

Upholstery and furniture repair shops

 

Variety stores

 

Video stores

 

Other similar neighborhood serving uses as established by the Planning Commission

 

Other similar neighborhood or campus serving uses as established by the Planning Commission

Other Uses

Accessory Uses

Garage and yard sales, and tents, air structures, and other temporary structures (must not be displayed more than 10 days in a calendar year).

 

Table 2.7.20                     Uses Permitted With Special Standards in the Neighborhood General Campus Edge Transition

 

Land Use Category

Description of Permitted Uses

Residential Uses

Live / work units

Live / work units as permitted by Section 4.3.19 of the Land Development Code

Other Uses

Community gardens

Community gardens as permitted by Section 4.3.17 of the Land Development Code

Market gardens

Market gardens in association with Section 4.3.18 of the Land Development Code

 

Table 2.7.21                     Table 2.5.2 Uses Permitted as Conditional Uses in the Neighborhood General Campus Edge Transition

 

Land Use Category

Description of Uses Permitted as Conditional Uses

Residential Uses

Homeless Shelter

Homeless shelters as permitted by Section 4.3.13 of the Land Development Code.   Any facility the primary purpose of which is to provide temporary shelter for the homeless.   The facility provides overnight sleeping accommodations with or without charge; may provide meals and ancillary social, educational or health services.  The facility is staffed.

Transitional Housing

Transitional housing as permitted by Section 4.3.14 of the Land Development Code.   A temporary residential living arrangement for persons participating in a program that provides supportive services (such as counseling, education, training, etc.) to help persons achieve personal independence.  Staff is available as needed.  Transitional housing is not a rehabilitation home.  These facilities are not subject to the Uniform Residential Landlord Tenant Act (KRS 383.500 et seq.).

Other Uses

Community Service Facility

Community service facility as permitted by Section 4.2.54 of the Land Development Code.   Uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. They provide the service on-site and have employees at the site on a regular basis. The service is ongoing, not just for special events.  These facilities may provide accessory uses such as counseling,  education,  or  training.  These  facilities  are  not  considered  schools  (e.g.  training  schools, business schools, etc.) and do not include a residential occupancy component.

 

Table 2.5.2 Permitted Uses with Special Standards within TNZD

 

Land Use Category

Description of Uses Permitted as Conditional Uses

These uses require compliance with special standards as listed in Chapter 4, Part 3 of the Land Development Code in order to be permitted.

Transitional Housing

A temporary residential living arrangement for persons participating in a program that provides supportive services (such as counseling, education, training, etc.) to help persons achieve personal independence.  Staff is available as needed.  Transitional housing is not a rehabilitation home.  These facilities are not subject to the Uniform Residential Landlord Tenant Act (KRS 383.500 et seq.).

Homeless Shelter

Any facility the primary purpose of which is to provide temporary shelter for the homeless.   The facility provides overnight sleeping accommodations with or without charge; may provide meals and ancillary social, educational or health services.  The facility is staffed.

 

B.                     2.6                       Site Design Standards

Site design standards of the Traditional Neighborhood Form District shall apply to the Old Louisville/Limerick TNZD except as modified in Table 2.6 below.

 

Table 2.6 2.7.22 Site Design Standards

 

 

Neighborhood General

Neighborhood Transition Center and Neighborhood Center Transition: Edge Transition

Neighborhood Center

Neighborhood General Campus Edge Transition

Lot size

Maintain historic lot patterns; no minimum lot sizes.

Maintain historic lot patterns; no minimum lot sizes.

No minimum lot sizes.

No minimum lot sizes.

Lot coverage

 

Buildings shall cover no more than 60% of the area of their lots. Coverage calculations shall exclude open porches and accessory buildings.

Buildings shall cover no more than 90% of the area of their lots. Coverage calculations shall exclude open porches and accessory buildings.

Buildings shall cover no more than 90% of the area of their lots.   Coverage calculations shall exclude open porches and accessory buildings.

Setbacks

 

 

All street-facing facades shall be built to the property lines abutting the public right- of-way.

 All street-facing facades shall be built to the design review guidelines as adopted by the Old Louisville Preservation District of the Landmarks Commission.

 

 

 

REAR YARD SETBACK - minimum of 5 feet to  the  rear  facade  of  the  principal structure.

 REAR YARD SETBACK - minimum of 5 feet to the rear facade of the principal structure.

 

 

 

SIDE  YARD  SETBACK  -  minimum  of  zero feet to a common wall.

 SIDE  YARD  SETBACK  - minimum of zero feet to a common wall.

 

 

 

Stoops, balconies and porches may encroach into setbacks.   Arcades and awnings may encroach upon the right-of- way up to one foot from the curb line with the approval of the Director of Works.

 Stoops,  balconies  and porches may encroach into setbacks.     Arcades and awnings may encroach upon the right-of-way up to one foot from the curb line with the approval of the Director of Works.

Building façade

 

 

The building facade shall extend no less than 80% of the linear lot frontage. A minimum  4  ft. high  solid wall that continues the façade plane along the lot line may be substituted for the facade for 50% of the linear frontage.

The building facade shall extend  no  less  than 80%  of the linear lot frontage.

Building Height

New buildings in an undeveloped block shall not exceed  3.5 stories and 45 ft.

New buildings shall not exceed 4 stories and 51 ft.

Buildings shall not exceed 4.5 stories and 60 ft. nor be less than 2 stories.

Buildings shall not exceed 4.5 stories and 60 ft. nor be less than 2 stories.

 

C.                     2.7                        Building Design Standards

Building design standards of the Traditional Neighborhood Form District within Chapter 5 of the Land Development Code, together with the Design Review Guidelines as adopted for the Old Louisville and Limerick Preservation Districts, shall apply to the Old Louisville/Limerick TNZD to ensure compatibility of building types and to relate new buildings to the building traditions of the neighborhood.  To the extent that design standards of the Form District conflict with Preservation District Guidelines, the more restrictive requirement shall prevail.

D.                     2.8  Parking and Loading

1.                     The provisions of the Motor Vehicle and Bicycle Parking and Loading Standards for Traditional Neighborhood Form Districts as established in chapter 9 of the Land Development Code shall apply to the Old Louisville/Limerick TNZD, except as modified below.

2.                     Parking lots may not be adjacent to a street intersection or a square and may not occupy lots that terminate a street vista.   Parking lots otherwise located adjacent to a street or a residential use shall be screened in accordance with the standards of the Land Development Code.  The sole access to all off-street surface parking shall be from the alley where an alley abuts the lot.   Where existing alley design or configuration limits or significantly impedes access to the proposed parking; or when the addition of the proposed parking will significantly increase traffic on the affected alley, the Planning Commission can grant exceptions to this rule.

3.                     New Accessory Residential Units (Carriage Houses) on residential lots shall not be considered as additional units for the calculation of minimum parking requirements but shall provide one additional parking space for the accessory residential unit.

4.                     Parking for commercial uses in the Neighborhood Center and Neighborhood Transition - Center zones, as well as for corner commercial structures in the Neighborhood General, shall not exceed the parking minimum requirements established by Chapter 9 of the Land Development Code.  Uses in the Neighborhood Center may provide required parking anywhere in the Neighborhood Center without application for a waiver, provided that all site design standards are met.   Shared parking facilities are encouraged in the Neighborhood Center, Neighborhood Transition - Center, Neighborhood Center Transition: Edge Transition, and the Neighborhood General Campus Edge Transition.

5.                     Table 2.8. 2.7.23, “Parking Requirements by Zone and Use,” describes minimum parking requirements for the TNZD.

 

TABLE 2.8 2.7.23 Parking Requirements by Zone and Use

 

  LAND USE CATAGORY

Tnzd Zone Neighborhood General

Tnzd zone Neighborhood Transition Center and  Neighborhood Center Transition: Edge Transition

Tnzd zone Neighborhood Center

Tnzd zone Neighborhood General Campus Edge Transition

Single Family/Duplex Residential

No minimum number of spaces required*

No minimum number of spaces required*

No minimum number of spaces required*

 N/A

Permitted or Permitted where Mapped Multifamily Residential

.75 spaces per dwelling unit.

.75 spaces per dwelling unit.

.75 spaces per dwelling unit.

.90 spaces per bedroom.

Permitted or Permitted where Mapped Institutional

No new parking spaces required for existing contributing structures. New structures to provide spaces as required in Appendix 3.11.*

No minimum number of spaces required.

No minimum number of spaces required.

N/A

Mapped Corner Lot Commercial

No minimum number of spaces required.

N/A

N/A

N/A

Non-Residential Uses Except as Listed Below

N/A

No minimum number of spaces required.

No minimum number of spaces required

As required by chapter 9 of the LDC for Traditional Neighborhood Form District.**

    Bed & Breakfast

.75 spaces per bedroom.*

.75 spaces per bedroom.*

No minimum number of spaces required

 N/A

    Historic Houses Museums

No minimum number of spaces required.*

No minimum number of spaces required.

No minimum number of spaces required

 N/A

    Community Centers

No new parking spaces required for existing contributing structures. New structures to provide spaces as required in Appendix 3.11.*

No minimum number of spaces required.

N/A

N/A

 

Table 2.8 2.7.23  Notes

 

*    Parking shall be limited to the accessory structures area of the lot, except with the approval of the Louisville Landmarks Commission or the Planning Commission.

**   Parking reductions applicable in the Traditional Neighborhood Form District shall apply in the Neighborhood General Campus Edge Transition.

 

E.                     2.9                     Signs

The sign standards applicable within the Traditional Neighborhood Form District, as set forth in Chapter 8, and as contained in the Design Review Guidelines for the Old Louisville and Limerick Preservation Districts shall apply to the TNZD, except as modified below.

1.A.                     Outdoor  advertising  signs  (off-premises  signs),  as  defined  in  the  Land  Development Code,  are  not permitted within the TNZD.

2.B.                     All signs within the TNZD shall be attached, awning, canopy, marquee, or projecting signs. Freestanding signs are not permitted, except for real estate rent/sale signs and Bed and Breakfast Inns as provided for monument-style signs in paragraph 2.8.e. 6  below and small freestanding on-premises signs (e.g. A-frame and sandwich board signs) in accordance with chapter 8 of the LDC.

3.C.                     Signs shall conform to the building design standards of the TNZD.

4.D.                     Corner Lot Commercial structures shall have not more than one lighted or non-lighted illuminated or non-illuminated attached, awning, or canopy sign facing each street, which shall not exceed 12 sq. ft. in area and shall not extend more than 12” from the face of the façade.  A projecting sign having a maximum area of 6 sq. ft. and projecting not more than 42” from the façade may be used in lieu of an attached, awning, or canopy sign.

5.E.                     Bed and breakfasts Inns and General/Business or professional or business offices (where these uses are permitted, and excluding Home Occupations) shall have a maximum of one attached sign not to exceed 6 12 sq. ft. in area located on the principal façade or porch adjacent to the principal building entrance. 

6.                     A Corner Lot Commercial structure, a bed and breakfast, or a business or professional office may have a sign, in addition to those permitted in paragraphs 4 and 5 above, on a façade of the building that is not adjacent to the street provided that the sign has a maximum area of 24 square feet.

7.                     Exception:  Bed and Breakfast Inns A nonresidential or mixed use property may have one freestanding monument-style sign, in lieu of any attached other permitted sign type, excluding signature signs on certain properties as set forth in paragraph 11 below, in accordance with the following standards:

a.                     The monument-style sign which shall not exceed 6 20 sq. ft. in area and shall be located within 6 feet of the principal façade of the structure.

b.                     The maximum overall height of the monument-style sign shall be 4 feet.

c.                     There shall be a minimum separation of 15 feet between the front right-of-way line and the principal façade of the structure. 

d.                     The monument-style sign shall be set back a minimum of 15 feet from any side property line.

8.F.                     No sign shall be mounted above the sill of the second floor windows of a structure.

9.G.                     All lighted signs shall either only be externally illuminated, or, if internally illuminated, such signs shall have opaque, non-Illuminated face panels.  Only the individual letters and / or logos may be back-lit, not the entire surface of the sign.

10.                     One internally illuminated window sign per entrance may be located on the first floor of a nonresidential or mixed use structure.  The internal illumination may be from a neon source.  The maximum area of the window sign shall be five square feet.

11.                     In addition to a permitted monument-style sign, a nonresidential or mixed use property that is a minimum of one-half acre in area may have signature signs as set permitted in Section 4.4.3.

 

*                     *                     *                     *                     *

 

Chapter 8 Part 1 On-premise Sign Regulations General Provisions

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8.3 Permanent On-Premises Signs

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8.3.3 Permanent On-premises Signs for Non-residential Uses

A.                      Attached, Awning, Canopy and Marquee Signs

1.                      There shall be no more than a total of three (3) of any of the following types of permanent on-premises signs; attached, or awning, or canopy, or marquee signs on any one façade of a building, subject to the total maximum sign area requirement set forth below, except that multiple use buildings may have one sign for each business. First floor awning, canopy and marquee signs are excluded from the number of awning, attached, canopy or marquee signs permitted on any one façade of a building, subject to the total maximum sign area requirement set forth below in Table 8.3.2; attached signs, canopy signs, marquee signs and awning signs are permitted for all non-residential zoning uses unless otherwise regulated within the form district regulations. Commercial uses permitted within a TNZD district may include attached, awning, canopy or marquee signs as authorized in this section, subject to additional limits established in the applicable TNZD Plan Report.

*                     *                     *                     *                     *

B.                      Freestanding On-premises Signs: In addition to the attached signs allowed above, illuminated or non-illuminated freestanding business signs are allowed subject to the following restrictions:

1.                      Freestanding on-premises signs are allowed for all non-residential uses unless otherwise restricted within the applicable form district sign restrictions. Commercial uses permitted within a TNZD district may include freestanding business signs in accordance with the restrictions of the Traditional Neighborhood Form District as listed in this section, subject to additional limits established in the applicable TNZD Plan Report.