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16.03.01 Access Point.
(A) A driveway, a local street, or a connector street intersecting an arterial street;
(B) A driveway or local street intersecting a connector street; or
(C) A driveway or local street intersecting a local street.
16.03.02 Accessory Building or Use, Customary. A customary accessory building or use is one that:
(1) Is subordinate to and serves the principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(3) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(4) Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.
16.03.03 Addiction Treatment facility. See § 16.02.02(A)(1).
16.03.04 Agriculture. See § 16.02.08(D).
16.03.05 Air Rights. The ownership or control of that area of space at and above a horizontal plane over the ground surface of land. This horizontal plane must be at a height above the existing or proposed development (depending on the individual property in question) that is reasonably necessary or legally required for the full and free use of the ground surface.
16.03.06 Alley. Public rights-of-way that normally affords a secondary means of access to abutting property.
16.03.07 Animal Services. See § 16.02.06(A).
16.03.08 Antique Shop. See § 16.02.06(V)(1).
16.03.09 Art. Work, objects, or thought that displays form, beauty, or unusual perception, including painting, drawing, sculpture, pottery, jewelry, literature, music, drama, or dance.
16.03.10 Attached (Single-Family) House. See § 16.02.02(B)(1).
16.03.11 Auto Supply/Accessory Sales. See § 16.02.06(X)(1).
16.03.12 Automobile and Trailer Sales Areas. Any area used for the display, sale, or rental of new or used automobiles or trailers and where only minor incidental repair of such automobiles or trailers may take place.
16.03.13 Babysitting Service. See § 16.02.05(C)(1).
16.03.14 Basement. That portion of a building between floor and ceiling, which is so located that the vertical distance from the average level of the adjoining grade to the floor below is greater than the vertical distance from the average level of the adjoining grade to the ceiling.
16.03.15 Bed and Breakfast. See § 16.02.06(P)(1).
16.03.16 Billboard. A sign, having an area greater than 25 square feet, and which meets any one or more of the following criteria:
(1) A permanent structure sign which is used for the display of offsite commercial messages;
(2) A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
(3) An outdoor sign used as advertising for hire, i.e., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign), in exchange for a rent, fee or other consideration.
16.03.17 Bingo Hall. See § 16.02.06(J)(4).
16.03.18 Block Face. All lots fronting on one side of a street between the nearest two intersecting streets.
16.03.19 Board of Adjustment. The Board of Adjustment of the City Commission.
16.03.20 Body-Art Services. See § 16.02.06(B).
16.03.21 Buffer Area. Areas so planned or zoned that act as a buffering or separation area between two or more areas or structures not compatible due to design, function, use, or, operation.
16.03.22 Building. A structure enclosed within exterior walls or fire walls for the shelter, housing, support, or enclosure of persons, animals, or property of any kind.
16.03.23 Building, Alteration of. Any change or rearrangement in the supporting members (such as bearing walls, beams, columns, or girders) of a building, or any addition to a building, or movement of a building from one location to another.
16.03.24 Building Area or Lot Coverage by Building. That portion of a lot or building site that may be legally occupied by the ground floor of the principal building or use and all permitted accessory uses.
16.03.25 Building, Completely Enclosed. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.
16.03.26 Building, Detached. A building surrounded by open space on the same lot or tract of land.
16.03.27 Building, Height of. See § 9.08.10(A).
16.03.28 Building Inspector. The official or officials appointed to administer and enforce the state building codes.
16.03.29 Building Maintenance Services. See § 16.02.06(C).
16.03.30 Building Permit. A permit issued by the Building Inspector authorizing the construction or alteration of a specific building, structure, sign, or fence.
16.03.31 Building, Principal. The building on a lot used to accommodate the primary use to which the premises are devoted.
16.03.32 Building Site. One contiguous piece of land that complies with all applicable city ordinances, codes and regulations for building on the subject site.
16.03.33 Business Equipment Sales and Service. See § 16.02.06(D).
16.03.34 Business Support Services. See § 16.02.06(E).
16.03.35 Cabaret or Theater, Sexually Oriented. See § 16.02.06(W)(1).
16.03.36 Camping/Vacation Mobile Unit. Any coach, cabin, house trailer, house car, or other vehicle or structure intended for, designed for, and used for temporary human habitation or sleeping purposes, mounted on wheels or supports, or supported or capable of being moved by its own power or transported by another vehicle.
16.03.37 Canopy or Marquee. A roof-like structure open on three sides serving the purpose of protecting pedestrians from rain, snow, sun, or hail, which structure projects from a building.
16.03.38 Car Wash. See § 16.02.06(X)(2).
16.03.39 Carport. See Garage, Private.
16.03.40 Changeable Copy Sign, Automatic. "Automatic changeable copy sign" means a type of sign on which the copy changes automatically through the use of electronic or electro-mechanical technology. All changeable copy shall be included within the allotted face of sign square footage.
16.03.41 Changeable Copy Sign, Manual. "Manual changeable copy sign" means any sign on which copy for all or a portion of the sign can be changed by a human being removing or rearranging letters, symbols or numerals. All changeable copy shall be included within the allotted face of sign square footage.
16.03.42 Cemetery/Mausoleum/ Columbarium. See § 16.02.06(N)(1).
16.03.43 Citizen Member. Any member of the Planning Commission or Board of Adjustment who is not an elected or appointed official or employee of the City Commission.
16.03.44 City Commission. The duly elected legislative body of the City of Covington, including the Mayor and the other members of the Covington Board of City Commissioners.
16.03.45 Cluster Development. A development in which attached and/or detached single-family residential dwellings are clustered together to preserve open space, natural resources, or other natural characteristics of the site. Cluster developments are subject to § 2.05.
16.03.46 Colleges and Universities. See § 16.02.05(A).
16.03.47 Commercial Message. Words, symbols, logos, pictures or any combination thereof that identify which directs attention to a business, commodity, service or entertainment sold or offered for sale or a fee.
16.03.48 Commercial Use Group. See § 16.02.06.
16.03.49 Communication Service Establishments. See § 16.02.06(F).
16.03.50 Complex (Commercial). Multiple sites that do not meet the definition of "Center, integrated) but that meet all of the following criteria: the sites are cumulatively contiguous; the sites form a defined geographic area, typically extending to public streets, highways, waterways or other natural or human-built geographic boundaries; the owners or agents for the owners of the sites have common interests in promoting business and other activity in the defined geographic area.
16.03.51 Comprehensive (Master) Plan. A guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationship. It must contain, as a minimum, the following elements:
(1) A statement of goals and objectives, principles, policies, and standards;
(2) A land-use plan element;
(3) A transportation plan element;
(4) A community-facilities plan element;
(5) May include any additional elements such as, without being limited to, community renewal, housing, flood control, pollution, conservation, natural resources, regional impact, historic preservation, and other elements.
16.03.52 Concealed Lighting. An artificial light source intended to illuminate the face of a sign, the direct source of which is shielded from public view and surrounding properties.
16.03.53 Conditional Use. A use that is essential to or would promote the public health, safety, or welfare in one or more zones, but that would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on location, size, extent, and character of performance are imposed in addition to those imposed in this zoning ordinance.
16.03.54 Conditional-use Permit. Legal authorization to undertake a conditional use, issued by the Zoning Administrator, pursuant to authorization by the Board of Adjustment, consisting of two parts:
(A) A statement of the factual determination by the Board of Adjustment that justifies the issuance of the permit; and
(B) A statement of the specific conditions that must be met for the use to be permitted.
16.03.55 Conforming Use. Any lawful use of a building, structure, lot, sign, or fence that complies with the provisions of this zoning ordinance.
16.03.56 Construction Sales and Services. See § 16.02.06G.
16.03.57 Cremating. See § 16.02.06(N)(2)
16.03.58 Cultural Exhibits and Libraries. See § 16.02.05(B).
16.03.59 Curb Cut. Any interruption or break in the line of a street curb to provide vehicular access to a street. In the case of streets without curbs, curb cuts will represent construction of any vehicular access that connects to the street.
16.03.60 Currency Exchange (Check Cashing Facility). See § 16.02.06(K)(1).
16.03.61 Customer. For the purpose of interpreting and administering the provisions of § 6.26, § 16.02.06(W) "customer" means any person who:
(A) Is allowed to enter a business in return for the payment of an admission fee or any other form of consideration or gratuity; or
(B) Enters a business and purchases, rents, or otherwise partakes of any material, merchandise, goods, entertainment, or other services offered therein; or
(C) Enters a business other than as an employee, vendor, service person, or delivery person.
16.03.62 Day care or Day Care Center. See § 16.02.05(C).
16.03.63 Day Care, Type 1. See § 16.02.05(C)(4).
16.03.64 Day Care, Type 2. See § 16.02.05(C)(3).
16.03.65 Decibel. A unit of measurement of the intensity (loudness) of sound. Sound-level meters that are employed to measure the intensity of sound are calibrated in decibel.
16.03.66 Detached (Single-Family) House. See § 16.02.02(B)(2).
16.03.67 Development. Development means demolition, construction, physical expansion, or outside remodeling of building or premises, including accessory uses or appurtenances to the principal use. It does not mean normal maintenance (such as cleaning and painting) nor demolition required by the Department of Housing and Code Enforcement for the purposes of maintaining the health, safety, and welfare of the neighborhood.
16.03.68 Development Plan. Written and graphic material for the provision of a development, including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, and all other conditions agreed to by the applicant.
16.03.69 Display Publicly. For the purpose of interpreting and administering the provisions in § 6.26, "display publicly" means the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others or from any portion of the premises where items and material other than sexually oriented media are offered for sale or rent to the public.
16.03.70 Dwelling. Any building that is completely intended for, designed for, and used for residential purposes, but for the purposes of this zoning ordinance, does not include a hotel-motel, hotel, motel, nursing home, tourist cabins, college or university dormitories, or military barracks.
16.03.71 Dwelling, Trailer. See Mobile Home.
16.03.72 Dwelling Unit. A building or portion thereof providing complete housekeeping facilities for a single household.
16.03.73 Easement. A right, distinct from the ownership of the land, to use property, including crossing property with facilities such as, but not limited to, sewer lines, water lines, and transmission lines, or to reserve and hold an area for drainage or access purposes.
16.03.74 Eating/Drinking Establishment. See § 16.02.06(I).
16.03.75 Encounter Center, Sexually Oriented. See § 16.02.06(W)(2).
16.03.76 Entertainer, Sexually Oriented. See § 16.02.06(W)(3).
16.03.77 Entertainment. See § 16.02.06(J).
16.03.78 Entertainment, Sexually Oriented. See § 16.02.06(W)(4).
16.03.79 Escort. For the purpose of interpreting and administering the provisions of § 6.26,"escort" means a person who is held out to the public to be available for hire for monetary consideration in the form of a fee, commission, or salary, and who for said consideration consorts with or accompanies or offers to consort with or accompany, another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters, and includes a "service oriented escort;" for purposes of this ordinance, the term "escort" does not include any person who would be understood by a reasonably prudent person as providing "babysitting" services or working as an assisted living companion to the elderly, infirm, disabled, or handicapped, and further does not include licensed health professionals.
16.03.80 Escort, Service Oriented. See § 16.02.06(W)(5).
16.03.81 Escort, Sexually Oriented. See § 16.02.06(W)(7).
16.03.82 Escort Bureau, Service Oriented. See § 16.02.06(W)(6).
16.03.83 Escort Bureau, Sexually Oriented. See § 16.02.06(W)(8).
16.03.85 Explicit Sexual Material. For the purpose of interpreting and administering the provisions of § 6.26, "explicit sexual material" means any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post pubertal human genitals; provided, however, that works of art or material of anthropological significance will not be deemed to fall within the foregoing definition.
16.03.86 Family. See "Household."
16.03.87 Family Day-Care Home. See § 16.02.05(C)(2).
16.03.88 Fence. A structure made of wire, wood, metal, masonry, or other material, including hedges, erected for the purpose of assuring privacy or protection.
16.03.89 Final Action. For purposes of this ordinance, final action will be deemed to have occurred on the calendar date when a vote is taken to approve or disapprove a matter pending before a legislative or adjudicating body.
16.03.90 Financial Services. See § 16.02.06(K).
16.03.91 Flea Market. See § 16.02.06(V)(2).
16.03.92 Floor Area, Gross.
(A) The sum of the gross horizontal area of the several floors of a dwelling unit or units exclusive of porches, balconies, and garages, measured from the exterior faces of the exterior walls or from the centerline of walls or partitions separating dwelling units.
(B) For uses other than residential, the gross floor area must be measured from the exterior faces of the exterior walls or from the centerlines of walls or partitions separating such uses and must include all floors, lofts, balconies, mezzanines, cellars, basements, and similar areas devoted to such uses.
(C) The gross floor area may not include floors used for parking space when such parking pertains to a residential, commercial, or office uses in the same structure.
16.03.93 Floor Area, Gross Public. For the purpose of interpreting and administering the provisions of § 6.26 "gross floor area" means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.
16.03.94 Floor Area Ratio. The ratio of building floor area to lot area, according to the requirements of § 9.08.04.
16.03.95 Food and Beverage Sales, Retail. See § 16.02.06(L).
16.03.96 Fortune Telling Service. See § 16.02.06(M).
16.03.97 Frequently. For the purpose of interpreting and administering the provisions of § 6.26, "frequently" means two or more times per month.
16.03.98 Frontage. All the property abutting one side of the right-of-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as acceptable frontage. For purposes of this definition, frontage for a building wall shall be measured for the wall that is most nearly parallel to that street. In no case shall the same building wall be considered to have more than one frontage.
16.03.99 Funeral and Internment Services. See § 16.02.06(N).
16.03.100 Furniture Rental, Consumer. See § 16.02.06(V)(3).
16.03.101 Garage, Private. A building used for the storage of vehicles and clearly accessory to the principal use permitted.
16.03.102 Gasoline Stations. See § 16.02.06(O).
16.03.103 Group Living. See § 16.02.02(A).
16.03.104 Historic Commercial Structure. As used in the nonconforming-use regulations, a building at least 50 years old, located in a residentially zoned area and originally designed and constructed for a neighborhood commercial activity. Such buildings are often characterized by a horizontal sign band, ornamental beam, or surface molding that separates the first floor from the upper facade, pilasters that define the edges of the storefront, and storefront window areas with bulkheads below.
16.03.106 Holiday decorations. Decorative elements of a temporary nature intended for the acknowledgment of a holiday or holiday season, exclusive of decorations, which contain business, product sales, or service advertising content. Holiday decorations shall not be considered "signs."
16.03.107 Home for Adjustment. A building where an organization or organizations provide a program or programs of therapy, counseling, or training to assist clients to develop skills necessary to adjust to life, including dormitory facilities, offices, classrooms, medical facilities, and other amenities for everyday life. The purpose of the facility is not to provide care to persons who need specific treatment for the following conditions: handicaps or physical disabilities, emotional or mental disorders, or mental retardation; recuperation from the effects of drugs or alcohol; criminal supervision or to adjust to society while housed under any type of criminal justice supervision.
16.03.108 Home Occupation. Accessory use of a dwelling unit, by occupants of the subject dwelling unit, for nonresidential purposes. Home occupations are subject to the standards of § 6.02.04.
16.03.109 Hospital. See § 16.02.05(D).
16.03.110 Hotel/Motel. See § 16.02.06(P)(2).
16.03.111 Household. An individual or two or more persons related by blood or marriage, or a group of not more than three persons (excluding servants and foster children) who need not be related by blood or marriage, living together in a single housekeeping unit as their common home for the time, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity, or sorority house.
16.03.112 House Trailer. See Mobile Home.
16.03.113 Household Living. Residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis.
16.03.114 Household Living Category. See § 16.02.02(B).
16.03.115 Industrial Use Group. See § 16.02.07.
16.03.116 Junk/Salvage Yard. See § 16.02.07(A).
16.03.117 Kennels and Shelters. See § 16.02.06(A)(3).
16.03.118 Leasable Area, Gross. The floor area occupied exclusively by occupants, including finished basement and mezzanine areas and excluding common areas, such as elevators, stairways, corridors, and lobbies, expressed in square feet and measured from the centerline of joint partitions and from outside wall faces.
16.03.119 Legible. A sign or message is "Legible" when it can be understood by a person with an eighth-grade education (or more). Where this Article requires a determination of "visibility" or "legibility," the standard shall be based on the eyesight of an adult eligible to receive a Kentucky driver's license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more then five feet and less then six feet tall.
16.03.120 Livestock. Domestic animals of types customarily raised or kept on farms for profit or other productive purposes.
16.03.121 Loading or Unloading Space. A space used for the temporary standing, loading, or unloading of vehicles.
16.03.122 Lodge or Private Club. See § 16.02.05(E).
16.03.123 Lodging. See § 16.02.06(P).
16.03.124 Lot. A parcel of land or any combination of several lots of record, occupied or intended to be occupied by a principal building or a building group, as permitted in this ordinance, together with their accessory buildings or uses and such access, yards, and open spaces required under this zoning ordinance.
16.03.125 Lot Area. The total area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by rights-of-way, the waters of any lake or river, and must be in one zone only.
16.03.126 Lot, Corner. A lot situated at the intersection of two streets or on a curved street on which the interior angle of such intersection or curved street does not exceed 135 degrees.
16.03.127 Lot Depth. The distance measured in the mean direction of the side lot lines from the midpoint of the front lot lines to the midpoint of the rear lot lines.
16.03.128 Lot, Double Frontage. A lot other than a corner lot that has frontage on more than one street.
16.03.129 Lot, Flag. A lot that abuts a public street via a narrow strip of land at least 20 feet in width, except as provided by this ordinance.
16.03.130 Lot, Interior. A lot other than a corner lot with only one frontage on a deeded and occupied public right-of-way.
16.03.131 Lot Line, Front. The common boundary line of a lot and a street right-of-way line. In the case of a corner lot or a double frontage lot, the common boundary line and street right-of-way line toward the principal or usual entrance to the principal building faces.
16.03.132 Lot Line, Rear. The boundary line of a lot that is most nearly opposite the front lot line of such lot. In the case of a triangular or wedge shaped lot, for measurement purposes only, a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line. In the case of a corner lot, providing that all requirements for yard space are complied with, the owner may choose either side not abutting a street as the rear lot line, even though it is not opposite the front lot line. Once the choice has been made, it cannot be changed unless all setback standards are met.
16.03.133 Lot Line, Side. Any boundary line of a lot, other than a front lot line or rear lot line.
16.03.134 Lot-Line (Single-Family) House. See § 16.02.02(B)(3).
16.03.135 Lot of Record. A designated fractional part or subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially accepted and recorded in the office of the Kenton County Clerk.
16.03.136 Lot Width. The width of the lot as measured along the building front setback line.
16.03.137 Manufacturing, Production, and Industrial Service. See § 16.02.07(B).
16.03.138 Marine-Related Use. See § 16.02.08(A).
16.03.139 Massage. For the purpose of interpreting and administering the provisions of § 6.26, "massage" means touching, stroking, kneading, stretching, friction, percussion, and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
16.03.140 Massage Parlor. See § 16.02.06(W)(9).
16.03.141 Massage Therapy. For the purpose of interpreting and administering the provisions of § 6.26, "massage therapy" means the profession in which a certified massage therapist applies massage techniques with the intent of positively affecting the health and well being of the client.
16.03.142 Massage Therapist. For the purpose of interpreting and administering the provisions of § 6.26, "massage therapist" means a person licensed as a massage therapist in accordance with the provisions of Kentucky Rev. Statues § 309.350 et seq.
16.03.143 Media. For the purpose of interpreting and administering the provisions of § 6.26, "media" is anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but is not necessarily limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMS, DVDs, other magnetic media, and undeveloped pictures.
16.03.144 Media, Sexually Oriented. See § 16.02.06(W)(10).
16.03.145 Media Store with Some Sexually Oriented Media. See § 16.02.06(W)(11).
16.03.146 Media Store, Sexually Oriented. See § 16.02.06(W)(12).
16.03.147 Medical Service. See § 16.02.06(Q).
16.03.148 Microbrewery. See § 16.02.06(I)(1).
16.03.149 Mining/Excavation. See § 16.02.07(C).
16.03.150 Mixed-Use Building. See § 16.02.02(B)(4).
16.03.151 Mobile Home. See § 16.02.03.
16.03.152 Mobile Home Park. See § 16.02.04.
16.03.153 Modeling Studio, Sexually Oriented. See § 16.02.06(W)(13).
16.03.154 Motel, Sexually Oriented. See § 16.02.06(W)(14).
16.03.155 Motion Picture Arcade, Sexually Oriented. See § 16.02.06(W)(15).
16.03.156 Motion Picture Arcade Booth, Sexually Oriented. See § 16.02.06(W)(16)
16.03.157 Motion Picture Theater, Sexually Oriented. See § 16.02.06(W)(17).
16.03.158 Multi-Unit (Multi-Family) Building. See § 16.02.02(B)(5).
16.03.159 N/A. Where used in the sign regulations, the particular requirement is "not applicable."
16.03.160 Neighborhood. A geographical area containing residences or a combination of residences and businesses, which geographical area meets all of the following criteria:
(1) The area shall consist of at least 20 acres that are geographically contiguous;
(2) The area shall have direct access from local streets to one or more collector and/or arterial streets;
(3) The area shall not be part of another designated neighborhood for which permits for which permanent entrance signs have been issued; and
(4) The area shall either have been developed as one planned complex, subdivision or center, or it shall have established its identity as a neighborhood through activities of a community association, neighborhood festivals or other continuing activities separate from the desire for an entrance sign.
16.03.161 Neighborhood Retail Sales and Service. See § 16.02.06(R).
16.03.162 New Vehicle/Light Equipment Sales, Light. See § 16.02.06(X)(3).
16.03.163 Nit. A measure of luminance. One nit is equal to one candela per square meter (lcd/m2). Ten thousand nits are equal to one stilb. A candela, on which the definition is based, is a unit of measurement of the intensity of light. Part of the SI system of measurement, one candela (cd) is the monochromatic radiation of 540THz with a radiant intensity of 1/683 watt per steradian in the same direction. Another way of putting it is that an ordinary wax candle generates approximately one candela.
16.03.164 Nonconforming Lot. A lot that was lawfully created but which does not conform to the minimum area or dimensional requirements specified for the zone in which it is located.
16.03.165 Nonconforming Use or Nonconforming Structure . An activity or a building, sign, fence, structure, or a portion thereof, which lawfully existed before the adoption or amendment of this zoning ordinance, but which does not conform to all of the regulations contained in this zoning ordinance or amendments to it that pertain to the zone in which it is located.
16.03.166 Nude Modeling Studio. See § 16.02.06(W)(18).
16.03.167 Nudity or State of Nudity. For the purpose of interpreting and administering the provisions of § 6.26, "nudity or state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genitals in a discernibly turgid state. See, also, Semi-nude.
16.03.168 Odorous Matter . Any matter or material that yields an odor that is offensive in any way to a person with reasonable sensitivity.
16.03.169 Office. See § 16.02.06(S).
16.03.170 Office Park. A development on a tract of land that contains more than one building or other improvement dedicated to permitted, accessory, or conditional uses and open space, designed, planned, and constructed in a manner that permits, encourages, or necessitates interaction of the various users of the development for support.
16.03.171 Operator. For the purpose of interpreting and administering the provisions of § 6.26, "operator" means any person operating, conducting, or maintaining a business regulated under this Chapter.
16.03.172 Other Use Group. See § 16.02.08.
16.03.173 Owner. For the purpose of interpreting and administering the provisions of § 6.26, "owner" means the individual owner of an establishment, or if the legal owner is a corporation, partnership, or limited liability company, the term includes all general partners, any limited partner with a financial interest of 10% or more, all corporate officers and directors, and any shareholder or member with a financial interest of 10% or more. "Owner" includes the spouse(s) of any of the above individuals.
16.03.174 Parking Area, Off-Street. An open, surfaced area other than the rights-of-way of a street, alley, or place, used for temporary parking of motor vehicles.
16.03.175 Parking Building or Parking Garage. A building or portion thereof designed, intended, and used exclusively for the temporary parking of motor vehicles, which may be publicly or privately owned or operated.
16.03.176 Parking, Non-Accessory. See §16.02.08(B).
16.03.177 Particulate Matter. Any material, except uncombined water, that exists in a finely divided, suspended form as a liquid or solid at standard conditions.
16.03.178 Payday Loan. See § 16.02.06(K)(2).
16.03.179 Pawn Shop. See § 16.02.06(K)(3).
16.03.180 PDS. Planning and Development Services of Kenton County.
16.03.181 Performance Standards. Criteria established to control building enclosure, landscaping, noise, odorous matter, exterior lighting, vibration, smoke, particulate matter, gasses, radiation, storage, fire, and explosive hazards, and humidity, heat, or glare generated by or inherent in uses of land or buildings.
16.03.182 Permanent Foundation. A system of supports that is:
(A) Capable of transferring, without failure, into soil or bedrock, the maximum design load imposed by or upon the structure;
(B) Constructed of concrete; and
(C) Placed at a depth below grade adequate to prevent frost damage.
16.03.183 Person. For the purpose of interpreting and administering the provisions of § 6.26, "person" means an individual, firm, partnership, joint-venture, association, independent contractor, corporation (domestic or foreign), limited liability company, trust, estate, assignee, receiver or any other group or combination acting as a unit.
16.03.184 Personal Improvement Service. See § 16.02.06(T).
16.03.185 Planned Unit Development (PUD). A large scale, unified land development that permits a mixture of land uses, clustering of residential units of varying types, and common recreation/open spaces through flexible regulations that encourage creative design to preserve the natural features and foliage of the site.
16.03.186 Planning Commission. The Kenton County Planning Commission.
16.03.187 Postal Service. See § 16.02.05(G).
16.03.188 Premises. For the purpose of interpreting and administering the provisions of § 6.26, "premises" means the physical location at which a business operates; as used in this Chapter, the term includes all parts of that physical location, both interior and exterior, which are under the control of the subject business, through ownership, lease or other arrangement.
16.03.189 Primary Entertainment. For the purpose of interpreting and administering the provisions of § 6.26, "primary entertainment" means entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
16.03.190 Protected Land Use. For the purpose of interpreting and administering the provisions of § 6.26, "protected land use" means residential zoning district, school, religious institution, park, library, public recreation area, or day care center.
16.03.191 Public and Civic Use Group. See § 16.02.05.
16.03.192 Public Area. For the purpose of interpreting and administering the provisions of § 6.26, "public area" means a portion of a sexually oriented business, excluding sexually oriented motels, that is accessible to the customer, excluding restrooms, while the business is open for business.
16.03.193 Qualified Manufactured Housing Unit. See § 16.02.041.
16.03.194 Railroad Rights-Of-Way. A strip of land on which the railroad tracks and auxiliary facilities for track operation are normally located, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.
16.03.195 Recreation and Open Space. See § 16.02.05(F).
16.03.196 Recycling Facilities. See § 16.02.07(D).
16.03.197 Religious Assembly. See § 16.02.05(H).
16.03.198 Repair or Laundry Service, Consumer. See § 16.02.06(H).
16.03.199 Reprocessable Construction/ Demolition Material Facility. See § 16.02.07(F)(1).
16.03.200 Residential Care Facility. See § 16.02.02(A)(2).
16.03.201 Residential Storage Warehouse. See § 16.02.06(U).
16.03.202 Residential Use Group. See § 16.02.02.
16.03.203 Resource Recovery Facilities. See § 16.02.07(F)(2).
16.03.204 Restaurant. See § 16.02.06(I)(2).
16.03.205 Retail Sales and Service. See § 16.02.06(V).
16.03.206 Sadomasochistic Practices. For the purpose of interpreting and administering the provisions of § 6.26, "sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.
16.03.207 Safety Services. See § 16.02.05(I).
16.03.208 Sales and Grooming. See § 16.02.06(A)(1).
16.03.209 Sanitary Landfills. See § 16.02.07(F)(3).
16.03.210 Satellite Dish Antenna. A device commonly parabolic in shape, mounted at a fixed point for the purpose of capturing television signals transmitted via satellite communications facilities and serving the same or similar function as the common television antenna. These devices are defined in this ordinance as an accessory structure.
16.03.211 Schools. See § 16.02.05(J).
16.03.212 Secondhand Store. See § 16.02.06(V)(4).
16.03.213 Semi-Nude or in a Semi-Nude Condition. For the purpose of interpreting and administering the provisions of § 6.26, "semi-nude or in a semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point. This definition includes the entire lower portion of the human female breast, but does not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other apparel, provided the areola is not exposed in whole or in part.
16.03.214 Separate (Lighting or Illumination. A prohibition on separate illumination for a sign does not prohibit indirect, incidental illumination that spills over from a light serving another lawful purpose.
16.03.215 Service Facilities, Public Utilities. Service facilities include all facilities of public utilities operating under the jurisdiction of the Public Service Commission, the Department of Motor Transportation, or Federal Power Commission, and common carriers by rail, other than office space, garage, and warehouse space and include office space, garage space, and warehouse space when such space is incidental to a service facility.
16.03.216 Setback Line.
(A) Front. A line parallel to the front lot line and set back from the lot line a distance to provide the required minimum setback area, as specified in this ordinance.
(B) Rear. A line parallel to the rear lot line and set back from the lot line a distance to provide the required minimum setback area, as specified in this ordinance.
(C) Side. A line parallel to the side lot line and set back from the lot line a distance to provide the required minimum setback area, as specified in this ordinance.
16.03.217 Setback Area.
(A) Front. An area extending the full width of the lot and measured between a line parallel to the street right-of-way line intersecting the foremost point of any building, excluding steps and unenclosed porches and the front lot line.
(B) Rear. An area extending across the full width of the lot and measured between a line parallel to the rear lot line, which intersects the rearmost point of any building. excluding steps and unenclosed porches and the rear lot line.
(C) Side. An area between any building and the side lot line, extending from the front to the rear yard or on through lots or building sites from one front lot line to the other front lot line.
16.03.218 Sex Shop. See § 16.02.06(W)(19).
16.03.219 Sexually Oriented Business. See § 16.02.06(W).
16.03.220 Sexually Oriented Business License. For the purpose of interpreting and administering the provisions of § 6.26, "sexually oriented business license" means any license applied for under the countywide licensing ordinance, Kenton County Ordinance No. 451.9 as amended, establishing licensing requirements for sexually oriented businesses and service oriented escort bureaus, adopted in 2004.
16.03.221 Sexually Oriented Toys or Novelties. For the purpose of interpreting and administering the provisions of § 6.26, "sexually oriented toys or novelties" means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.
16.03.222 Sign. Any device, fixture, placard or structure, including its component parts, which by display of a visual image draws attention to an object, product, place, activity, opinion, idea, person, institution, organization or place of business, or which identifies or promotes the interests of any person, and which is visible from any public street, road, highway, right-of-way or parking area.
16.03.223 Sign, Animated. A sign which uses movement or change of lighting to simulate action or motion.
16.03.224 Sign Detached. Any n erected on a freestanding frame, foundation, mast or pole and not attached in any way to any building. Every face of a freestanding sign shall be considered as a separate sign for purposes of computing the sign area.
16.03.225 Sign, Directory. Any sign providing way-finding information by identifying occupants of specific buildings or units within a building and, where necessary, providing directions for finding such building or unit.
16.03.226 Sign, Principal. The main freestanding sign on a site. The term is used to distinguish such a sign from other freestanding signs that may be allowed on multi-tenant or large sites.
16.03.227 Sign, Temporary. A sign which is not permanently affixed. This definition is intended to include all devices such as banners, pennants, flags, searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.
16.03.228 Sign, Window. A sign affixed to or installed inside a window and clearly legible to persons outside the building. Note that signs that are installed behind windows but that are legible from other private property or from driving lanes of adjacent streets will be subject to limitations on window signs but will also be regulated as wall signs.
16.03.229 Site. One or more lots or parcels of land that, for purposes of the Zoning are used as a single unit. As an example, but not by way of limitation, a site may include more than one "lot" as shown on a subdivision plat, but, for zoning purposes, the permissible use, setbacks and yard requirements are determined for the larger "site" and not for the individual "lots."
16.03.230 Sound Level Meter. An instrument standardized by the American Standards Association for measurement of intensity of sound.
16.03.231 Specified Anatomical Areas. For the purpose of interpreting and administering the provisions of § 6.26, "specified anatomical areas" means:
(A) Less than completely and opaquely covered human genitals, pubic region, or the areola or nipple of the female breast; and
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and
(C) Areas of the human anatomy included in the definitions of "nude" or "nudity."
16.03.232 Specified Sexual Activities. For the purpose of interpreting and administering the provisions of § 6.26, "specified sexual activities" means acts of human masturbation, sexual intercourse, or sodomy. These activities include, but are not limited to the following: bestiality, erotic or sexual stimulation with objects or mechanical devices, acts of human analingus, cunnilingus, fellatio, flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or any excretory functions as part of or in connection with any of the activities set forth above with any person on the premises. This definition includes apparent sexual stimulation of another person's genitals whether clothed or unclothed.
16.03.233 Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if no floor exists above it, then the space between such floor and the ceiling next above it. For purposes of this zoning ordinance, a basement may not be counted as a story.
16.03.234 Story, Half. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story.
(A) Arterial. Public thoroughfares that serve the major movements of traffic in and through the community as identified in the adopted comprehensive plan.
(B) Collector. Public thoroughfares that serve to collect and distribute traffic primarily from local to arterial streets.
(C) Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at major intersections.
(D) Freeway. A divided multi-lane highway for through traffic with all crossroads separated in grades and with full control of access.
(E) Frontage Road, Service Road, or Access Road. A street adjacent to a freeway, expressway, or arterial street separated from such street by a dividing strip and providing access to abutting properties.
(F) Local. Roadways that are designed to be used primarily for direct access to abutting properties and feeding into the collector street system.
(G) Private. A paved private roadway that affords access to abutting property for private users of such property. For the purposes of density calculations, a private street will constitute the areas of its paved surface and sidewalk or the private right-of-way if designated on the recorded plat.
(H) Public. A public roadway constructed in the boundaries of an officially deeded and accepted public right-of-way that affords principal means of access to abutting property. For purposes of density calculations, a public street will constitute all of the area in the public right-of-way.
16.03.236 Structural Alteration (Signs). As it applies to signs, any change in supporting members of a building or structure, such as foundation, bearing walls, columns, beams or girders. For a sign, any change in or replacement of supporting members of a sign structure, such as foundation, columns, beams or girders shall be considered a structural alteration.
16.03.237 Structure. Anything constructed or erected, the use for which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including anything such as buildings, mobile homes, signs, or fences.
16.03.238 Subdivision. The division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural use and not involving a new street will not be deemed a subdivision. The term includes resubdivision, and when appropriate to the context, will relate to the process of subdivision or to the land subdivided. Any division or redivision of land into parcels of less than one acre occurring within 12 months following a division of the same land will be deemed a subdivision within the meaning of this definition.
16.03.239 Swimming Pool, Outdoor.
(A) Any structure or device of any kind that is intended for swimming purposes, including but not limited to any pool or tank of any material or type of construction, or any depression or excavation in any natural or constructed material, or any dike or berm of any material or type of construction, including all appurtenances to such structure or device and all appliances used in connection therewith, which structure or device is intended to cause, or would cause if completely filled, water retention of a depth greater than 18 inches at any point. Any such structure or device will be deemed to be included in the meaning of the term "structure" as used in this zoning ordinance.
(B) Outdoor swimming pools will be deemed to consist of the following classes:
(1) Commercial. A swimming pool operated for profit, open to the public on payment of a fee.
(2) Private. When consisting of an accessory structure appurtenant to a one-family or a two-family dwelling and used only as such by persons residing on the same lot and their private guests.
(3) Public. A swimming pool operated by a unit of government for the general public.
(4) Semi-Public. When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, religious assembly, school, or club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such organizations.
16.03.240 Tavern. See § 16.02.06(I)(3).
16.03.241 Tax Preparation Service. See § 16.02.06(K)(4).
16.03.242 Trailer. Any coach, cabin, house trailer, house car, or other vehicle or structure intended for, designed for, and used for temporary human habitation or sleeping purposes, mounted on wheels or supports, or supported or capable of being moved by its own power or transported by another vehicle. This also includes any nonpowered vehicle, designed to be attached to a motor vehicle, for the purpose of transporting persons, property, or animals.
16.03.243 Transfer Stations. See § 16.02.07(F)(4).
16.03.244 Two-Unit (Two-Family) Building. See § 16.02.02(B)(6).
16.03.245 Undertaking. See §16.02.06(N)(3).
16.03.246 Use, Permitted. A use that may be lawfully established, if permitted, in a particular zone, provided it conforms with all requirements of such zone.
16.03.247 Use, Principal. The main use of land or buildings, as distinguished from a subordinate or accessory use.
16.03.248 Used Vehicle/Light Equipment Sales, Light. See § 16.02.06(X)(4).
16.03.249 Utilities. See § 16.02.05(K).
16.03.250 Variance. A departure from dimensional terms of this zoning ordinance pertaining to the height, width, length, or location of structures, and the size of yards and open spaces, where such departure meets the requirements of KRS 100.241 through 100.247.
16.03.251 Vehicle. Any device meeting the definition of "motor vehicle" under KRS. § 186.010.
16.03.252 Vehicle/Equipment Sales, Heavy. See § 16.02.06(X)(5).
16.03.253 Vehicle Repair. See § 16.02.06(X)(6).
16.03.254 Vehicle Sales and Service. See § 16.02.06(X).
16.03.255 Vehicular Use Area. Any area of the lot not located within an enclosed or partially enclosed structure and that is devoted to a use by or for motor vehicles, including parking (accessory or non-accessory); storage of automobiles, trucks, or other vehicles; gasoline stations; car washes; motor vehicle repair shops; loading areas; service areas and drives; and access drives and driveways.
16.03.256 Veterinary Hospitals. See § 16.02.06(A)(2).
16.03.257 Warehouse and Freight Movement. See § 16.02.07(E).
16.03.258 Waste-Related Service. See § 16.02.07(F).
16.03.259 Youth Shelter. See § 16.02.02(A)(3).
16.03.260 Zone. An established area within the jurisdiction of the City of Covington delineated on the official zoning map of the City of Covington to which a set of regulations governing permitted land use, density, and intensity of development applies.
(Ord. O-37-06, passed 8-15-06; Am. Ord. O-37-08, passed 9-9-08; Am. Ord. O-45-08, passed 10-28-08; Am. Ord. O-04-15, passed 3-19-15)