2280 Hume Rd Lexington, KY 40516-9601

1. There shall be no minimum lot sizes in any Expansion Area Zone (CD, EAR 1-3, TA, ED, or CC). However, the developer shall establish restrictions for minimum and, where appropriate, maximum lot sizes on the final development plan or the final subdivision plan, as appropriate. 2. With the exception of the setback/yard required to achieve the requirements of the Rural Scenic Roads provisions, Scenic Resource Areas, and Special Design Areas, or other expressly stated yards as established elsewhere in this Article, there shall be no minimum setback or other yard requirements other than those required through the Building Code and the Fire Code. However, the developer shall establish restrictions on yards on the final development plan. (m) Density Clustering and Transfers. Shall be permitted as follows: 1. Density may be clustered on lands which are part of a single development plan under the same ownership and within the same zone and the same Expansion Area so that the average density of the site does not exceed the maximum for the zoning category. 2. Density Transfer Rights may be transferred from any land which is designated as a Special Design Area, a Scenic Resource Area, a greenway or any land which contains environmentally sensitive land when the density allocated to that land by the underlying zoning district cannot be developed on site. Such density rights may be transferred to any parcel of land within the same Expansion Area which is designated as EAR-2, EAR-3, CC or TA and used in accordance with the density limitations of those districts. a) Transfers of Fractions of DTR Prohibited. The transfer of less than one DTR or any other fraction of a unit shall not be permitted. b) Use of Sender Site after Transfer. Once DTR have been severed from a Sender Site, the future use of the Sender Site shall be limited to the extent of the transfer, and a deed restriction in favor of the Lexington-Fayette Urban County Government shall be recorded restricting the use of the Site in accordance with procedures established by the Division of Planning. c) Aggregation of DTR Permitted on Single Receiver Site. DTR may be aggregated from different Sender Sites for development on a single Receiver Site. d) Receiver Site Must Meet Underlying Zone District Requirements. Development using DTR shall meet each and every requirement of the Zone District. e) Density Rights Appurtenant to Land Until Development Plan Approval Obtained. The owner of DTR may transfer such rights at any time to any person;