Chapter 2 Zoning Districts Part 4 Commercial Zoning Districts

2.4.1 C-N Neighborhood Commercial District

The following provisions shall apply in the C-N Neighborhood Commercial District unless otherwise provided in these regulations:

The Neighborhood Commercial District is intended as a specialized district for the location of convenience services near the neighborhoods they are intended to serve.

1. Permitted Uses:
   
   Accessory buildings or uses
   Agricultural uses
   Antique shops and interior decorating shops
   Art galleries
   Artist studios
   Assisted Living Residence
   Bakeries, retail sales on premises only
   Banks, credit unions, savings and loans and similar financial institutions
   Barber shops and beauty shops
   Bed and Breakfasts
   Bicycle sales and service
   Bookstores and stationery stores
   Candy stores, retail sales on premises only
   Churches, parish halls and temples
   Clothing, dry good and notions stores
   Colleges, schools and institutions of learning (except training schools)
   Community residences
   Computer programming services and software sales
   Convents and monasteries
   Country clubs
   Day care centers, day nurseries, nursery schools and kindergartens
   Dressmaking
   Drug stores or sundries stores
   Dwellings, Multiple family
   Dwellings, Single-family
   Dwellings, Two-family
   Family care home (mini-home)
   Florist shops
   Garage or yard sale
   Golf courses, except miniature courses, driving ranges, or privately owned golf courses operated for commercial purposes
   Grocery stores, where all merchandise is displayed and sold within an enclosed building
   Hardware stores
   Home occupations
   Jewelry store
   Laundering and dry cleaning pick-up shops and self-service (only) laundries
   Libraries, museums, historical buildings and grounds, arboretums, aquariums, and art galleries
   Offices, professional or business
   Parks, playgrounds, and community centers
   Photographic shops
   Photograpy studios
   Picture framing
   Rental Businesses offering items whose sale is a permitted use in this district, videocassette and smilar products, rental and sales but not constituting an adult video cassette rental center
   Residential care facilities
   Restaurants and delicatessens excluding drive-in facilities, entertainment activity and outdoor alcohol sales and consumption
   Saddle and harness shops
   Shoe repair shops
   Shoe stores
   Tanning salons
   Tailors
   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
   Toy and hobby stores
   Wearing apparel shops
2. Conditional Uses:
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
3. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
4. Maximum Density And Far
   1. Maximum Floor Area Ratio: 0.5
   2. Maximum Density: 17.42 dwellings per acre

2.4.2 C-R Commercial Residential District

The C-R Commercial Residential District is primarily intended as a specialized district to promote the reuse of structures located in urban areas of Jefferson County that had been constructed for mixed commercial and residential use, which may be currently under used or vacant, and which are located at street corners or on blocks with a significant number of retail business uses. C-R zoning may also be appropriate for new construction where a mixture of business and residential use is found to conform with the Comprehensive Plan and with any neighborhood plan covering the site.

1. Permitted Uses:
   
   All uses permitted in the R-7 Residential Multi-Family District.
2. Special Permitted Uses
   
   The following uses, subject to the special requirements set forth in Paragraph D. 1, below are permitted:
   Antique shops and interior decorating shops
   Artist studios
   Art galleries
   Bakeries, retail sales on premises only
   Barber shops and beauty shops
   Bed and Breakfasts
   Book stores and stationery stores
   Candy stores, retail sales on premises only
   Clothing, dry good and notions stores
   Computer programming services and software sales
   Day care centers, day nurseries, nursery schools and kindergartens
   Dressmaking
   Drug stores or sundries stores
   Day care centers, day nurseries, nursery schools and kindergartens
   Florist shops
   Grocery stores, where all merchandise is displayed and sold within an enclosed building
   Hardware stores
   Jewelry stores
   Laundering and dry cleaning pick-up shops and self-service (only) laundries
   Offices, professional or business
   Photocopying, word processing and similar office-support activities
   Photographic shops
   Photography studios
   Picture framing
   Restaurants and delicatessens excluding drive-in facilities, entertainment activity and outdoor alcohol sales and consumption
   Saddle and harness shops
   Shoe repair shops
   Shoe stores
   Stationery stores
   Tailors
   Wearing apparel shops
3. Conditional Uses
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
4. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
5. Maximum Density And Far
   1. Maximum Floor Area Ratio: 3.0
   2. Maximum Density: 34.8 dwellings per acre

2.4.3 C-1 Commercial District

The following provisions shall apply in the C-1 Commercial District unless other­wise provided in these regulations:

1. Permitted Uses:
   
   Accessory buildings or uses: those uses which are subordinate, customary and incidental to the primary use, provided that, if a use is customary only in a less restrictive zone, and is of a magnitude that may gene­rate significant impacts, it shall not be an accessory use
   Agricultural uses
   Antique shops
   Athletic facilities
   Art galleries
   Audio/video recording studios, providing the building is sound proof
   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
   Automobile parking areas, public and private
   Automobile service stations with service bays for repair of no more than two vehicles (see definition of Automobile Service Station for the type of repairs permitted)
   Bakeries, retail (all products produced to be sold on the premises only)
   Banks, credit unions, savings and loans, check cashing services and similar financial institutions
   Barber shops
   Beauty shops
   Bed and Breakfasts
   Bicycle sales and service
   Boarding and lodging houses
   Bookstores
   Bowling alleys, provided the building is sound proof
   Car washes having prior approval by the agency responsible for traffic engineering
   Catering kitchen/bakery preparing food and meals for sale or consumption elsewhere
   Churches, parish halls, and temples
   Clothing, dry goods and notions stores
   Clubs, private, non-profit or proprietary
   Colleges, schools and institutions of learning
   Community residences
   Computer sales (hardware and software) and programming services
   Confectionery, ice cream or candy stores, retail; no more than 50% of the floor area shall be used for production of food items for off premises sale
   Convenience groceries
   Convents and monasteries
   Country clubs
   Dance Instruction (excludes adult entertainment uses as defined within LMCO Chapter 11)
   Day care centers, day nurseries, nursery schools and kindergartens
   Department stores
   Dressmaking or millinery shops
   Drug stores
   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
   Dwelling, Multiple family
   Dwelling, Single-family
   Dwelling, Two-family
   Electric appliance stores
   Establishments holding a retail malt beverage license, but that do not allow consumption on the premises.
   Establishments holding a distilled spirits and wine retail package license, but holding no other ABC licenses that allow consumption on the premises.
   Extended stay lodging
   Family care home (mini-home)
   Florist shops
   Funeral homes
   Furniture stores
   Garage or yard sale
   Golf courses, except miniature courses, driving ranges, or privately owned golf courses operated for commercial purposes
   Grocery stores, including fruit, meat, fish, and vegetable
   Hardware and paint stores
   Health spas
   Home occupations
   Hotels and motels, including ancillary restaurants and lounges, enclosed in a structure, in which dancing and other entertainment (not including adult entertainment activities as defined in Section 4.4.1) may be pro­vided. (not permitted within the City of Prospect)
   Ice storage houses of not more than five (5) ton capacity
   Interior decorating shops
   Jewelry stores
   Laundries or launderettes, self-service
   Laundering and dry cleaning pick-up shops and self-service laundries
   Libraries, museums, historical buildings and grounds, arboretums, aquariums, and art galleries
   Medical laboratories
   Music stores
   Nurseries, retail
   Office, business, professional and governmental
   Parks, playgrounds, and community centers
   Pawn Shop
   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
   Pet shops
   Photocopying, duplicating, paper folding, mail processing and related services
   Photographic shops
   Photography studios
   Picture Framing
   Radio and television stores
   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 cassette rental center
   Residential care facilities
   Restaurants, tea rooms and cafes including:
   1. Restaurants with drive-through windows having prior approval by the agency responsible for traffic engineering;
   2. Restaurants, tea rooms and cafes where dancing and entertainment is excluded;
   3. Restaurant with outdoor seating where entertainment is excluded and no alcoholic beverages are served or consumed outside which is adequately screened and buffered from adjacent residential development.
   
   Shoe repair shops
   Shoe stores
   Stationery stores
   Tailor
   Tanning salons
   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 by 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.
   Toy and hobby stores
   Variety stores
   Veterinary hospital, provided the operation is conducted within a sound­proofed building, no animals are boarded, and there are no runs or pens outside of the building
   Wearing apparel shops
2. Conditional Uses:
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
3. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
4. Maximum Density And Far
   1. Maximum Floor Area Ratio: 1.0
   2. Maximum Density: 34.642 dwellings per acre
   3. Use Mix - - Office and Residential Uses – When authorized by the form district regulations, a specified percentage of any development site may be allocated to residential development without any corresponding decrease in the maximum allowable square footage or intensity of non-residential uses allowed in the underlying zone district, provided that all other development standards set forth in this code are complied with. In addition, when authorized by the form district regulations, office and residential uses situated above ground level retail uses are permitted and shall be excluded from calculation of the site’s permissible floor area ratio. When specifically authorized by the form district regulations, calculation of permissible residential density shall be based on the net site area, regardless of the amount of non-residential floor area constructed on the site.

2.4.4 C-2 Commercial District

The following provisions shall apply in the C-2 Commercial District unless other­wise provided in these regulations.

1. Permitted Uses:
   
   All uses permitted in the C-1 Commercial District are allowed in the C-2 Commercial District as well as the following uses:
   ABC-licensed establishments, holding a license that allows consumption of alcoholic beverages on the premises.
   Auction sales, items transported to site of auction
   Automobile rental agencies
   Automobile repair garages
   Automobile sales agencies
   Billiard parlors; game rooms and similar entertainment uses
   Bingo halls and parlors
   Boat Sales and related storage
   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
   Contractor's shop, including but not limited to building, electrical, HVAC, landscape, and plumbing contractors, provided all operations are confined within a building
   Dance halls
   Engraving, watchmaking, and jewelry manufacturing, where products are sold on premises
   Equipment rental, where all activities are within a building
   Exposition building or center
   Flea market
   Fraternities, sororities, clubs and lodges excluding those where the chief activ­ity of which is a service customarily carried on as a business.
   Furniture, storage
   Indoor paint ball ranges
   Monument sales
   Music and vocal instructions
   Plumbing, and heating shops, storage and sales provided all operations are totally enclosed in a building
   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
   Public utility buildings and facilities
   Refrigerated lockers
   Restaurants, where food and drink may be served or consumed, where dancing or entertainment is allowed, outside as well as inside a building, including drive-in restaurants where all or Part of the service or consumption is inside a vehicle
   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 premises
   Sign painting
   Skating rinks (ice or roller)
   Tattoo, body art, and piercing parlors
   Telephone exchanges
   Theaters, enclosed within a building
   Tourist homes
   Training School, provided all training activities are located within a building
   Upholstery and furniture repair shops
   Used car sales areas, provided that no repair or re-conditioning of automo­biles or storage of parts shall be permitted except when enclosed in a building
   Uses located totally within the caverns developed under a Conditional Use Permit for Underground Space shall be considered to meet the requirement of confinement within a building.
   Those uses which are more similar in appearance and intensity to the above list of uses than to uses listed elsewhere in these regulations.
2. Conditional Uses:
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
3. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
4. Maximum Density And FAR
   1. Maximum Floor Area Ratio: 5.0
   2. Maximum Density:
      1. For 0 bedroom dwelling units only 435 dwellings per acre
      2. For 1 bedroom dwelling units only 217 dwellings per acre
      3. For 2 or more bedroom dwelling units only 145 dwellings per acre
   3. Use Mix - - Office and Residential Uses – When authorized by the form district regulations, a specified percentage of any development site may be allocated to residential development without any corresponding decrease in the maximum allowable square footage or intensity of non-residential uses allowed in the underlying zone district, provided that all other development standards set forth in this code are complied with. In addition, when authorized by the form district regulations, office and residential uses situated above ground level retail uses are permitted and shall be excluded from calculation of the site’s permissible floor area ratio. When specifically authorized by the form district regulations, calculation of permissible residential density shall be based on the net site area, regardless of the amount of non-residential floor area constructed on the site.

2.4.5 C-3 Commercial District

The C-3 Commercial zone is intended as a specialized district for the Central Business District (CBD). The C-3 Commercial Zone is a specialized district for the location of high density/­intensity commercial and residential developments recognizing the CBD as the focal point of business, commercial area, and transportation facilities in Jefferson County, Kentucky.

1. Permitted Uses:
   
   All uses permitted in the OR-3 and C-2 Commercial Districts except single-family dwellings.
   Accessory Uses and Structures: Those uses which are subordinate, customary and incidental to the primary use, provide that, if a use is customary only in a less restrictive zone, and is of a magnitude that may generate significant impacts, it shall not be an accessory use.
   Sports Arenas
   Telecommunications hotels
2. Conditional Uses:
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
3. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
4. Maximum Density and FAR
   1. Maximum Floor Area Ratio: None
   2. Maximum Density: 435 dwellings per acre

2.4.6 C-M Commercial Manufacturing District

The following provisions shall apply in the C-M Commercial Manufacturing District unless otherwise provided in these regulations:

1. Permitted Uses:
   
   All uses permitted in the C-2 Commercial and M-1 Industrial Districts, except single family dwellings.
2. Conditional Uses:
   
   Certain uses may be permitted in this district upon the granting of a Conditional Use Permit by the Board of Zoning Adjustment. Refer to Chapter 4 Part 2 for a listing of uses and requirements that apply to specific uses.
3. Property Development Regulations
   
   Refer to the applicable Form District regulations in Chapter 5 for lot size, setback, building height and other restrictions.
4. Maximum Density And FAR
   1. Maximum Floor Area Ratio: 5.0
   2. Maximum Density: None
   3. Use Mix: When authorized by the form district regulations, the amount of office and residential uses situated above ground level uses specified in the applicable Part of Chapter 5 shall be excluded from calculation of the site’s permissible floor area ratio. When specifically authorized by the form district regulations, calculation of permissible residential density shall be based on the net site area, regardless of the amount of non-residential floor area constructed on the site.