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(A) Use Groups. This zoning ordinance classifies land uses into five major groupings, which are referred to as "use groups." The use groups are:
(2) Public and Civic;
(4) Industrial; and
(B) Use Categories. Each use group is further divided into "Use Categories," which divide the use groups into classes of land uses, based on similarity of functional characteristics, such as "Office," "Retail" or "Vehicle Sales and Service."
(C) Specific Use Types. Some use categories include specific use types. A use that fits within the definition of a specific use type is subject to the regulations for that specific use type, not the regulations that apply to the general use category.
(D) Determination of Appropriate Use Category. When a specific use type cannot be readily classified into a defined-use category or specific-use type definition or appears to fit into two or more use categories or types, the Zoning Administrator is authorized to determine the most appropriate similar use category or type, or to determine that the specific use type does not fit within any of the defined use categories or types. If a similar use determination cannot be made, the use will be deemed to be prohibited.
16.02.02 Residential Use Group. The residential use group includes uses that provide living accommodations to one or more persons. The residential use group includes two use categories: Group Living and Household Living.
(A) Group Living. Residential occupancy of a dwelling by other than a "Household," typically providing communal kitchen/dining facilities.
(1) Addiction Treatment Facility. Any building, structure, or space whose principal or primary function is the reception, housing, and/or care of chemically dependent adults and/or their minor children, and by which distribution of synthetic narcotics or any other method attempts to control, suppress, and/or eliminate a person's mental or physical dependence on any illegal or harmful substance. Any permitted or accessory uses allowed in any zone will not be interpreted to include addiction treatment facilities unless such use is specifically stated to include addiction treatment facilities. No general use descriptions set out elsewhere may be deemed or construed to include such use.
(2) Residential Care Facility. As defined in KRS 100.982.
(3) Youth Shelter. A building, facility, or residence used for the reception and temporary care of persons under the age of 18 years who, by some circumstances, are without safe and proper shelter. "Temporary care" means a maximum of 30 days' residence. Such use may include a dwelling unit for a resident manager.
(B) Household Living Category. Residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis.
(1) Attached (Single-Family) House. A single dwelling unit located on its own lot that shares one or more common or adjacent walls with one or more dwelling units. An attached house does not share common floor/ceilings with other dwelling units. An attached house is also called a "townhouse" or a "rowhouse."
(2) Detached (Single-Family) House. A detached house is a building containing a single dwelling unit (other than a mobile home or manufactured housing unit) that is located on its own lot and that is not attached to any other dwelling unit. Detached houses are surrounded on all sides by open yards and setback areas.
(3) Lot-Line (Single-Family) House. A building containing a single dwelling unit (other than a mobile home or manufactured housing unit) that is located on its own lot and that is not attached to any other dwelling unit. Lot line houses are shifted to one side of lot on which they are located, in accordance with the standards of § 2.03.02.
(4) Mixed-Use Building. A building containing both residential dwelling units and nonresidential uses.
(5) Multi-Unit (Multi-Family) Building. A building that contains three or more dwelling units that share common walls or floor/ceilings with one or more units. The land underneath the structure may or may not be divided into separate lots. Multi-unit buildings include structures commonly referred to as "apartments" and "condominiums."
(6) Two-Unit (Two-Family) Building. A single building that contains two dwelling units located on a single lot. The units may share common walls or common floor/ceilings.
16.02.03 Mobile Home. A structure manufactured prior to June 15, 1976, that was not required to be constructed in accordance with the National Manufactured Housing Construction in Safety Standards Act, that is transportable in one or more sections that is 8 feet or more in width and 40 feet or more in length in the traveling mode, or when erected on site, 400 or more square feet in floor area, and is built on a permanent chassis and designed to be used as a dwelling on a temporary or permanent foundation, when connected with the permanent required utilities, including plumbing, heating, air conditioning, and electrical systems.
16.02.04 Mobile Home Park. Any lot, parcel, or premises, subdivided, designed, maintained, intended, or used to accommodate ten or more mobile homes, and meets the requirements as specified in this zoning ordinance. For the purpose of this zoning ordinance, any lot or premises used for the wholesale or retail sale of the mobile homes will not be included in this definition. Double width mobile structures that are fabricated on individual chassis with wheels and are designed to be joined will be considered a mobile home for purposes of this zoning ordinance.
(1) Qualified Manufactured Housing Unit. A manufactured housing unit that meets all of the following criteria:
(a) Was manufactured on or after July 15, 2002;
(b) Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
(c) has a width of at least 20 feet or is at least two stories in height and oriented on the lot or parcel so that its main entrance door faces the street;
(d) Has at least 900 square feet of total living area;
(e) Is not located in a manufactured housing land-lease community;
(f) Complies with the compatibility standards of § 6.22.
16.02.05 Public and Civic Use Group.
The public and civic use group includes uses that provide public or quasi-public services. The public and civic use group includes the following use categories:
(A) Colleges and Universities. Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories, and seminaries.
(B) Cultural Exhibits and Libraries. Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, and the like, for study and reading.
(C) Day Care or Day Care Center. Uses providing care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are types of Day Care uses:
(1) Babysitting Service. A day-care facility within a residential dwelling unit that provides care to up to three children, in addition to any children related to the day-care provider.
(2) Family Day-Care Home. A day-care facility within a residential dwelling unit that is certified by the state to provide care for four to six children or adults, in addition to any children related to the day care provider.
(3) Day Care, Type 2. A facility that is licensed by the state to care for seven to 12 children or adults.
(4) Day Care, Type 1. A facility that is licensed by the state to care for 13 or more children or adults.
(D) Hospital. Uses providing medical or surgical care to patients and offering inpatient (overnight) or outpatient care.
(E) Lodge or Private Club. An association of persons for some common objective usually jointly supported and meeting periodically.
(F) Recreation and Open Space. Recreational, social, or multi-purpose uses typically associated with parks, open spaces, play fields, golf courses, country clubs, or community recreation areas.
(1) High-Intensity. Areas used or designed for participant-oriented, group sports, and recreation activities, including spectator areas associated with such facilities. Typical uses include:
(a) Golf courses and country clubs;
(b) Athletic fields, play grounds, and children's play apparatus areas, court games with outdoor lighting;
(c) Public and community recreation buildings, including enclosed and semi-enclosed buildings providing public assembly and activity areas, such as gymnasiums, meeting rooms, game rooms, arts and crafts, dancing and dining.
(d) Band shells and outdoor theaters; and
(e) Facilities incidental to the operation of public recreational uses, such as refreshment stands and small concessionaire shops dispensing sporting goods.
(2) Low-Intensity. Areas used or designed for individual sports and recreation uses of a passive or low-intensity nature. Typical uses include:
(a) Athletic fields, play grounds, and children's play apparatus areas, court games without outdoor lighting;
(b) Hiking, bicycle, and equestrian trails; greens and commons;
(c) Sitting areas;
(d) Picnic areas;
(e) Botanical gardens;
(h) Natural wildlife or plant habitat areas; and
(i) Plazas, courtyards, and pocket parks.
(G) Postal Service. Consumer-oriented service facilities (e.g., mail pick-up and drop-off) operated by the U.S. Postal Service.
(H) Religious Assembly. Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.
(I) Safety Services. Public safety services that provide fire, police, or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, and public and private ambulance services.
(J) Schools. Public and private schools at the primary, elementary, junior-high, or high-school level that provide state-mandated basic education.
(1) Essential Services. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and other similar equipment and accessories reasonably necessary for furnishing adequate service or for the public health, safety, or general welfare.
(2) Major. Services and utilities that have the potential for substantial land impacts on surrounding areas. Typical uses include but are not limited to water and waste water treatment facilities, major water storage facilities, and transit stations.
16.02.06 Commercial Use Group.
(A) Animal Services.
(1) Sales and Grooming. Sales and grooming of dogs, cats, and similar small animals. Typical uses include pet stores, dog bathing and clipping salons, and pet grooming shops.
(2) Veterinary Hospitals. Pet clinics, dog and cat hospitals, and animal hospitals.
(3) Kennels and Shelters. Animal shelters and kennel services for dogs, cats, and small animals. Typical uses include boarding kennels, dog training centers, and animal rescue shelters.
(B) Body-Art Services. Provision of any of the following procedures: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Commonwealth of Kentucky, which may not be performed in a body- art services establishment.
(C) Building Maintenance Services. Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance, and window-cleaning services. Also includes exterminator services for residential, commercial, or industrial applications.
(D) Business Equipment Sales and Service. Sale, rental, or repair of office, professional, and service equipment and supplies to the firms themselves rather than to individuals. Excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, and hotel and restaurant equipment and supply firms.
(E) Business Support Services. Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include employment agencies, secretarial services, telephone answering services, and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades schools that do involve outdoor storage or manufacturing processes are classified as "Manufacturing and Production, General."
(F) Communication Service Establishments. Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "Major Utilities and Services" and "Minor Utilities." Typical uses include recording studios, television and radio studios, and telecommunication service centers.
(G) Construction Sales and Services. Construction activities and incidental storage on lots other than construction sites. Also includes the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified as "Vehicle Sales and Service" use types. Typical uses include building materials stores, tool and equipment rental or sales, and building contracting/construction offices.
(H) Repair or Laundry Service, Consumer. Provision of repair, dry cleaning or laundry services to individuals and households, but not to firms. Excludes "Automotive and Equipment" use types. Typical uses include laundry/dry cleaning drop-off stations, hand laundries, appliance repair shops, locksmiths, shoe and apparel repair, and musical instrument repair.
(I) Eating/Drinking Establishment. Sale of prepared food and beverages for on- and off-premises consumption. Typical uses include microbreweries, restaurants and taverns.
(1) Microbrewery. Establishments engaged in on-site brewing of beer and sales of beer by the glass for on-premise consumption. These establishments are primarily used for the production of beer and ale and may include retail and food service as an accessory use. The brewing operation processes the ingredients to make beer and ale by mashing, cooking, and fermenting. The brewing operation dose not include the production of any other alcoholic beverage.
(2) Restaurant. Establishments primarily engaged in the retail sale of prepared food for consumption on or off the premises. Establishments that serve beer, ale, wine, or liquor in addition to prepared food will be classified as "restaurants" only if the kitchen is equipped with a range hood and exhaust with a fire suppression system meeting the minimum requirements of the Kentucky Building Code; otherwise, such establishments will be classified as "taverns."
(3) Tavern. Establishments primarily engaged in the retail sale of alcoholic drinks such as beer, ale, wine, and liquor for consumption on the premises. Such establishments may or may not sell or serve food.
(4) Brewpub. Establishments primarily engaged in the retail sale of prepared food for consumption, which includes the brewing of beer as an accessory use. The brewing operation processes the ingredients to make beer and ale by mashing, cooking, and fermenting. The brewing operation does not include the production of any other alcoholic beverage.
(5) Micro-distillery. Establishments primarily engaged in on-site distillation of spirits and may include retail and food service as an accessory use. The distillery operation processes the ingredients to make spirits by mashing, cooking, and fermenting. The micro-distillery operation does not include the production of any other alcoholic beverage.
(J) Entertainment. Provision of cultural, entertainment, athletic, and other events to spectators. The following are spectator sports and entertainment use types:
(1) Small. Entertainment and spectator sports establishments conducted within an enclosed building with a capacity of no more than 149 persons. Typical uses include theaters and meeting or banquet halls.
(2) Medium. Entertainment and spectator sports establishments conducted within an enclosed building with a capacity of more than 149 and fewer than 1,000 persons. Typical uses include theaters and meeting or banquet halls.
(3) Large. Entertainment and spectator sports establishments with a capacity of 1,000 persons or more. Typical uses include theaters, arenas, stadiums, and meeting or banquet halls.
(4) Bingo Hall. A facility used exclusively or primarily for conducting bingo and other similar games that are open to the public.
(K) Financial Services. Financial or securities brokerage services. Typical uses include banks, savings and loans, credit unions, and the following specific-use types:
(1) Currency Exchange (Check Cashing Facility). A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. "Check cashing facility" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashing facility" also does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders for minimum flat fee not exceeding $2.00 as a service that is incidental to its main purpose or business. The term "currency exchange" expressly includes businesses known as "check cashing" facilities.
(2) Payday Loan. An establishment that engages in the business of offering payday loans. A "payday loan" is a loan transaction where a post-dated check or other check that the parties agree will be held for a period of time before presentment for payment or deposit is accepted as collateral for the loan.
(3) Pawn Shop. An establishment or person (pawnbroker) engaged in the business of receiving property in pledge or as security for money or other things advanced to the pawner or pledger.
(4) Tax Preparation Service. An establishment that provides income tax preparation assistance as the exclusive or primary function of business.
(L) Food and Beverage Sales, Retail. Retail sale of food and beverages for home preparation and consumption. Typical uses include groceries, liquor stores, and wine stores.
(M) Fortune Telling Service. An establishment engaged in or that professes to foretell future or past events or that is engaged in the practice of palmistry (the art or practice of reading a person's character or future from the lines on the palms of hands).
(N) Funeral and Internment Services. Provision of services involving the care, preparation, or disposition of human dead. The following are funeral and interment services use types:
(1) Cemetery/Mausoleum/ Columbarium Land or facilities used for burial of the dead.
(2) Cremating. Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums.
(3) Undertaking. Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries.
(O) Gasoline Stations. Retail sales to the public of fuels, oils, and accessories for motor vehicles, where repair service and automobile washing is incidental, where no storage or parking space is offered for rent, and where no motor vehicles or boats are offered for sale or rent.
(P) Lodging. Provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. The following are lodging use types:
(1) Bed and Breakfast. A detached house in which the owner offers overnight accommodations and meal service to guests for compensation.
(2) Hotel/Motel. An establishment, other than a detached house, in which short-term lodging is offered for compensation and which may or may not include the service of one or more meals to guests. Typical uses include hotels, motels, and transient boarding houses.
(Q) Medical Service. Personal health services, including prevention, diagnosis, and treatment, rehabilitation services provided by physicians, dentists, nurses, and other health personnel and medical testing and analysis services. Typical uses include medical and dental offices, medical/dental laboratories, health maintenance organizations, and health centers. Excludes use types more specifically classified, such as hospitals.
(R) Neighborhood Retail Sales and Service. A retail sales and service use is one that can primarily serve and draw its customer base from the surrounding neighborhood. Typical uses include, but are not limited to, corner grocery stores, butcher shops, coffee or ice cream shops, deli/cafe (but not to include full-service restaurants), shoe repair shops, dry cleaning establishments, personal improvement services, and specialty retail shops (uses not specifically listed in § 3.03.05).
(S) Office. Professional, governmental, executive, management, or administrative offices of private organizations or government agencies. Typical uses include government offices, administrative offices, legal offices, technology businesses, and architectural firms.
(T) Personal Improvement Service. Informational, instructional, personal improvement, and similar services of a nonprofessional nature. Typical uses include barber shops, beauty shops, health clubs, yoga or dance studios, driving schools, and martial arts studios. A massage establishment operated by a licensed massage therapist is also included within the "personal improvement service" use category.
(U) Residential Storage Warehouse. Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a mini-warehouse may include the repair and maintenance of stored materials by the tenant; but in no case may storage spaces in a mini-warehouse facility function as an independent retail, wholesale, business, or service use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy is limited to that required to transport, arrange, and maintain stored materials.
(V) Retail Sales and Service. Businesses involved in the sale, lease, or rent of new or used products or merchandise to the general public. Typical uses include drug stores, grocery stores, department stores, and apparel stores.
(1) Antique Shop. Any premises used for the sale or trading of articles of which 80% or more are more than 50 years old or have collectible value. "Antique shop" does not include "secondhand store."
(2) Flea Market. An occasional or periodic market usually held in an open area, but which may be held indoors, where individual stalls or spaces are provided on a short-term basis for vendors to display, buy, sell, exchange, or deal in new or used goods. Typically, no long-term leases are held between the sellers and flea market operators.
(3) Furniture Rental, Consumer. Rental of household furniture to consumers. Typical uses include rent-to-own stores. Office furniture rental to businesses is classified as a "business support service."
(4) Secondhand Store. Retail sales of previously used merchandise, such as clothing, household furnishings or appliances, and sports/ recreational equipment. The term secondhand store expressly includes businesses otherwise known as "thrift shops" and "consignment stores." "Secondhand store" does not include "antique shop or “vintage clothing store."
(5) Vintage Clothing Store. Any premises used for the sale or trading of vintage collectible or haute couture clothing or jewelry, which means finely constructed clothing or jewelry with high and generally agreed standards of aesthetic quality.
(W) Sexually Oriented Business. An inclusive use category used to collectively describe the following businesses and use types: sexually oriented cabaret or theater; sexually oriented entertainment; sexually oriented motion picture theater; sexually oriented motion picture arcade; sexually oriented encounter center; sexually oriented media store; sexually oriented escort bureau; bathhouse; massage parlor; sex shop; sexually oriented modeling studio; or any other such business establishment whose primary purpose is to offer sexually oriented entertainment or materials.
(1) Cabaret or Theater, Sexually Oriented. A building or portion of a building that provides or allows the provision of sexually oriented entertainment to its customers or that holds itself out to the public as an establishment where sexually oriented entertainment is available. Signs, advertisements, or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to "adult entertainment," "strippers," "showgirls," "exotic dancers," "gentleman's club," "XXX" or similar terms, will be considered evidence that an establishment holds itself out to the public as an establishment where sexually oriented entertainment is available.
(2) Encounter Center, Sexually Oriented. A business or enterprise that, as one of its principal purposes, offers physical contact between two or more persons when one or more of the persons is in a state of nudity or semi-nudity.
(3) Entertainer, Sexually Oriented. Any person paid as an employee, contractor, subcontractor, or agent of the operator of a cabaret who frequently appears in a state of semi-nudity at any establishment regulated by this chapter.
(4) Entertainment, Sexually Oriented. Any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business that is required to be licensed: dancing, singing, talking, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing, or individual conversations with customers for which some type of remuneration is received.
(5) Escort, Service Oriented. An escort that:
(a) Operates from an open office;
(b) Does not advertise that sexual conduct will be provided to the patron or work for an escort bureau that so advertises; and
(c) Does not offer to provide sexual conduct.
(6) Escort Bureau, Service Oriented. An escort bureau that:
(a) Maintains an open office at an established place of business;
(b) Otherwise operates in full accordance with the licensing regulations in § 111.600, et seq., of the Covington Code of Ordinances, or if this ordinance is repealed, then with the countywide licensing ordinance, Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually oriented businesses and service-oriented escort bureaus, as such ordinance may be amended from time to time.
(7) Escort, Sexually Oriented. An escort who:
(a) Works for (either as an agent, employee, or independent contractor), or is referred to a patron by a sexually oriented escort bureau; or,
(b) Either advertises that sexual conduct will be provided, or works for (either as an employee, agent, or independent contractor), or is referred to a patron by an escort bureau that so advertises; or
(c) Offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee from an escort patron or a prospective escort patron.
(8) Escort Bureau, Sexually Oriented. An escort bureau that operates in any of the following manners:
(a) Engages in fraudulent, misleading, or deceptive advertising that is designed to make the prospective client believe that acts of prostitution (as defined under Kentucky law) will be provided; or,
(b) Collects money (whether paid in advance or paid after the promised proscribed act) for the promise of acts of prostitution by its escorts; or
(c) Uses as escorts persons known to have violated the law regarding prostitution, and refuses to cease the use of such a person; or
(d) Operates an escort bureau as a "call girl" prostitution operation; or
(e) Advertises that sexual conduct will be provided to a patron or customer, or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron or customer; or,
(f) Solicits, offers to provide, or does provide acts of sexual conduct to an escort patron or customer; or
(g) Employs or contracts with a sexually oriented escort, or refers or provides to a patron a sexually oriented escort.
(9) Massage Parlor. Any business offering massages that is operated by a person who is not a state licensed "massage therapist" or that provides massages by persons who are not state licensed massage therapists.
(10) Media, Sexually Oriented. Magazines, books, videotapes, movies, slides, CDs, DVDs or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas."
(11) Media Store with Some Sexually Oriented Media. A retail book, video or other media store that has sexually explicit media that constitutes more than 10% but not more than 40% of its inventory or that occupies more than 10% but not more than 40% of its gross public floor area.
(12) Media Store, Sexually Oriented. An establishment that rents and/or sells sexually oriented media, and that meets any of the following three tests:
(a) More than 40% of the gross public floor area is devoted to sexually oriented media; or
(b) More than 40% of the stock in trade consists of sexually oriented media; or
(c) It advertises or holds itself out in any forum as a "XXX," "adult" or "sex" business, or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater, or sexually oriented cabaret.
(13) Modeling Studio, Sexually Oriented. An establishment or business that provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples, or small groups in a space smaller than 600 feet.
(14) Motel, Sexually Oriented. A hotel, motel, or similar commercial establishment that meets any of the following criteria:
(a) Offers accommodations to the public for any form of consideration and provides patrons with sexually oriented entertainment or transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;"
(b) Marketed as or offered as "adult," "XXX," "couples," or "sexually oriented."
(15) Motion Picture Arcade, Sexually Oriented. A building or portion of a building wherein coin-operated, slug-operated, or for any other form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images of"specified sexual activities" or "specified anatomical areas."
(16) Motion Picture Arcade Booth, Sexually Oriented. Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROMs, books, DVDs, magazines or periodicals) to show images of "specified sexual activities" or "specified anatomical areas" for observation by customers therein. The term "booth," "arcade booth," "preview booth," and "video arcade booth" will be deemed synonymous with the term "motion picture arcade booth."
(17) Motion Picture Theater, Sexually Oriented. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are frequently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" or that are marketed as or offered as "adult," "XXX," or sexually oriented. Frequently shown films, motion pictures, videocassettes, slides or other similar photographic reproductions as characterized herein do not include sexually oriented speech and expressions that take place inside the context of some larger form of expression.
(18) Nude Modeling Studio. Any place where a person who appears in a state of nudity or semi-nudity and is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" does not include a proprietary school licensed by the Commonwealth of Kentucky or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(19) Sex Shop. An establishment offering goods for sale or rent and that meets any of the following tests:
(a) It offers for sale items from any two of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; sexually oriented novelties; and the combination of such items constitute more than 10% of its stock in trade or occupies more than 10% of its floor area;
(b) More than 5% of its stock in trade consists of sexually-oriented toys or novelties; or
(c) More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
(X) Vehicle Sales and Service. Sales of motor vehicles or services related to motor vehicles.
(1) Auto Supply/Accessory Sales. Businesses involved in the sale, lease, or rental of new or used automobile supplies or accessories to the general public. Typical uses include auto parts stores.
(2) Car Wash. A building or site containing facilities for washing automobiles. It may use automatic production line methods-a chain conveyor, blower, steam-cleaning device, or other mechanical device-or it may provide space, water, and equipment for hand washing, cleaning, or detailing of automobiles, whether by the customer or the operator.
(3) New Vehicle/Equipment Sales, Light. Sales of new autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, motorhomes, and boats, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies, and recreational vehicle sales and rental agencies. Car rental agencies are included in this category as are vehicle dealerships that include the sale of used vehicles as an accessory use to the sale of new vehicles. Facilities that exclusively deal in the sales of previously owned or used vehicles are classified in the "used vehicle/light equipment sales, light" category.
(4) Used Vehicle/Equipment Sales, Light. Sales of previously owned or used autos, noncommercial trucks, motorcycles, trailers with less than 10,000 lbs. gross cargo weight, motorhomes, and boats, together with incidental maintenance.
(5) Vehicle/Equipment Sales, Heavy. Sale, retail or wholesale, and/or rental from the premises of heavy construction equipment, trucks, and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.
(6) Vehicle Repair. An establishment primarily engaged in maintenance, repair, servicing, or painting of motor vehicles.
(a) Minor Vehicle Servicing. A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is performed. Examples include quick lube services.
(b) Minor Vehicle Repair. A vehicle repair establishment that provides replacement of any passenger vehicle part or repair of any passenger vehicle part that does not involve body work or painting or require removal of the engine head or pan, engine transmission or differential. Examples include tire, muffler and transmission shops.
(c) Major Vehicle Repair. Any vehicle repair activity other than "minor vehicle servicing" or "minor vehicle repair." Examples include repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles.
(Y) Vendor Retail.
(1) Mobile Food Vending Services. A temporary establishment engaged in the retail sale of prepared food for consumption, on site or off site, from a movable vehicle, portable structure, or pushcart.
(2) Temporary Vendor. Any person or persons who operates or sells goods from a mobile cart, stationary cart, pedal cart, trailer, van or similar chassis with or without an engine, tent or table.
(Z) Artist/Craftsman Galleries and Studios. Studios for artists, designers, photographers, musicians, sculptors, potters, wood and leather craftsmen, glass blowers, weavers, silversmiths and designers of ornamental and precious jewelry that will be displayed or sold on premises.
16.02.07 Industrial Use Group.
(A) Junk/Salvage Yard. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk or salvage yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. A "junk yard" does not include "recycling facilities."
(B) Manufacturing, Production, and Industrial Service.
(1) Limited. Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.
(a) Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.
(b) Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning, and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as "Consumer Repair Services."
(3) Intensive. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic, and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering, and oil refining.
(C) Mining/Excavation. Mining or extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel, or other aggregate materials; mining; and oil and gas drilling.
(D) Recycling Facilities. Any building or portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused, or reconstituted products.
(1) Recycling Facility, Class I. A recycling facility where recyclable materials are temporarily stored or collected or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans, and glass items are considered an accessory use and may be allowed in any zone.)
(2) Recycling Facility, Class II. A recycling facility that in addition to any activity permitted in a Class I Recycling Facility, engages in processing of recyclable materials such as cleaning, bundling, compacting, or packing of recyclable materials.
(3) Recycling Facility, Class III. A recycling facility that, in addition to any activity permitted in a Class II Recycling Facility, performs composting.
(E) Warehouse and Freight Movement. Storage and distribution of materials and equipment. Typical uses include storage warehouses and moving and storage firms.
(F) Waste-Related Service. Includes all of the following:
(1) Reprocessable Construction/ Demolition Material Facility. A site used for purposes of receiving, storing, reprocessing, and transport of Reprocessable construction/demolition material. Such facility may not include any operation used for hot mixed asphalt processing.
(2) Resource Recovery Facilities. A facility that uses non-hazardous solid waste as fuel in a process specifically designed for the purpose of waste disposal or volume reduction and that produces thermal energy or electricity as a by-product.
(3) Sanitary Landfills. A facility that uses planned methods of disposing of solid waste by utilizing principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of compacted earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.
(4) Transfer Stations. A facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles.
16.02.08 Other Use Group.
(A) Marine-Related Use. Uses, facilities, and activities that can only be conducted in or abutting water. Examples include temporary passenger watercraft loading, boat-docking facilities and barge-docking and -loading facilities.
(B) Parking, Non-accessory. Facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Non-accessory Parking use.
(C) Signs, Advertising. A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered:
(1) Only elsewhere than on the premises where such sign is located or to which it is affixed; or
(2) As a minor and incidental activity on the premises where the sign is located.
(D) Agriculture. Pursuant to KRS 100.111 "agriculture" means:
(1) The use of a tract of at least five contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public.
(2) Regardless of the size of the tract of land used, this use also includes small wineries licensed under KRS 243.155 and farm wineries licensed under the provisions of KRS 243.156.
(3) A tract of at least five contiguous acres used for the following activities involving horses:
(a) Riding lessons;
(d) Projects for educational purposes;
(e) Boarding and related care; or
(f) Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving 70 or fewer participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than 70 participants is subject to local zoning regulations.
(4) Any tract of land used for the following activities involving horses, provided that this paragraph only applies to acreage that was being used for these activities before July 13, 2004:
(a) Riding lessons;
(d) Projects for educational purposes;
(e) Boarding and related care; or
(f) Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving 70 or fewer participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than 70 participants is subject to applicable zoning regulations.
(E) Community Gardens. A site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use, consumption, donation or off-site sale of items grown on the site. Community gardens may include common areas maintained and used by group members.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-54-06, passed 11-14-06; Am. Ord. O-42-07, passed 9-25-07; Am. Ord. O-20-08, passed 6-27-08; Am. Ord. O-35-10, passed 9-28-10; Am. Ord. O-24-11, passed 9-6-11; Am. Ord. O-19-12, passed 8-7-12; Am. Ord. O-21-12, passed 8-7-12; Am. Ord. O-23-12, passed 8-7-12; Am. Ord. O-24-12, passed 8-7-12; Am. Ord. O-13-13, passed 3-26-13)