130 W.

New Circle Road, Suite 110

Lexington, KY 40505
(859) 227-5422




May 19, 2014

Mayor Jim Gray and LFUCG Council Members:

This letter expresses our concerns regarding Lexington Fayette Urban County
ordinance 129-2013 which was passed and signed into law in October, 2013. As
you know, this ordinance applies to any facility that provides basic services
during the day (including providing food, employment services, information, or
referrals) to people with limited financial resources, including people who are
homeless. Under the ordinance, if a facility is providing these services, it is not
permitted to operate anywhere in the city by right but must notify neighbors
and ask special permission from the city in order to operate. In addition, these
services would only be allowed in the following zones: P-1, B-1, B-2, B-2A, and P-
2 (if, and only if, the agencys other activities also fit within that zone).
A primary concern of this ordinance is that the language is overly broad. We
believe that every member of CKHHI could be considered an agency that
provides basic services during the day. Moreover, we feel that there are a
number of private businesses, churches, and schools that provide food,
employment services, information, or referrals. Similarly, the language
addressing people with limited financial resources lacks specificity and
conceivably could include a majority of the residents of Lexington. Finally, the
specific inclusion of people who are homeless further targets and discriminates
against this group.
We are very concerned about the effect this ordinance may have on local service
agencies that plan to move or expand their operations. Any agency that works
with persons with limited incomes during the day would be restricted to specified
neighborhoods and must undergo a more expensive process (paid for in advance,
with no guarantee) before being permitted to move to a new location. Also, it is
not uncommon that this special permitting process becomes a focal point for
unleashing misrepresentations, aggravating neighborhood fears and generating
NIMBY opposition, making it difficult (if not impossible) to succeed.
130 W. New Circle Road, Suite 110
Lexington, KY 40505
(859) 227-5422


We feel the ordinance, even if it is selectively enforced, could still have a chilling
effect on entities that might otherwise plan to offer information or services to
people with limited financial resources. We can envision a scenario where a
local business might decide not to conduct a food drive out of fear that they
would be violating zoning laws. We could envision similar scenarios where a
local bank might decide not to offer a financial literacy course or a local church
might decide not to provide assistance to some of their members in need.
Lastly, we are concerned that the ordinance makes it seem like the city of
Lexington has created different rules for people who are poor. We believe it
would be much more appropriate for this zoning law to only address the types of
activities that would be restricted, rather than the type of people.
Sincerely,

The Board of the Central Kentucky Housing and Homeless Initiative