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For the purpose of this ordinance, certain terms, phrases, words, and their derivatives are herewith defined as follows:
Words used in the future tense include the present;
Words used in the present tense include the future;
Words used in the singular include the plural;
Words used in the plural include the singular;
Words used in the masculine include the feminine;
Words used in the feminine include the masculine;
The word "shall" is mandatory and not directory;
The word "may" shall be deemed as permissive.
ABANDONMENT: Abandonment shall be deemed to have occurred when an activity or use ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least six (6) consecutive months.
ACCESSORY BUILDING OR USE CUSTOMARY: A "customary accessory building or use" is one which:
(a) Is subordinate to and serves the principal building or principal use, and
(b) Is subordinate in area, extent, or purpose to the principal building or principal use served, and
(c) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served, and
(d) Is located on the same zoning 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 zoning lot with the building or use served.
ADULT BOOKSTORES: Any building or structure which contains or is used for the display or sale of books, magazines, movie films, motion pictures and any and all printed or written materials, newspapers, photographic materials, drawings, novelties, other pictorial representations, devices and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas", or an establishment with a segment or section devoted to the sale or display of such material. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include Adult Bookstores unless such use is specifically stated to include Adult Bookstores. No general descriptions set out elsewhere shall be deemed or construed to include such use.
(1) "Specified Sexual Activities" shall mean:
(a) Acts of human masturbation, sexual intercourse, or sodomy or any acts of bestiality.
(b) Fondling or other erotic touching of human genitals, pubic region, buttock or breast of either male or female.
(c) Human genitals in a state of sexual stimulation or arousal.
(2) "Specified Anatomical Areas" shall mean:
(a) Less than completed and opaquely covered:
(1) Human genitals, pubic region, (2) buttock, and (3) female breast below a point immediately above the top of the areola; and
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
ADULT ENTERTAINMENT ESTABLISHMENT: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment or views a series of dance routines, strip performances or other gyrational choreography provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include Adult Entertainment Establishments unless such use is specifically stated to include Adult Entertainment Establishments. No general use descriptions set out elsewhere shall be deemed or construed to include such use. "Sexual Encounter Centers" are also to be considered adult entertainment.
(1) Sexual Encounter Center means an establishment/building that, as one of its principal purposes, offers:
(a) physical contact in the form of wrestling or tumbling between persons of the opposite sex, when one or more of the persons is in a state of nudity or semi-nude.
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
ADULT THEATERS: A building or structure which is used for the viewing of performances or activities by others, whether such performances are in the form of live shows, motion pictures, slide shows or other forms of photographic or visual display, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to "Specific Sexual Activities" or Specified Anatomical Areas", as heretofore defined, or an establishment with a segment or section devoted to the sale or display of such material. Any permitted, conditionally permitted or accessory uses allowed within any zone shall not be interpreted to include Adult Theaters. No general use descriptions set out elsewhere shall be deemed or construed to include such use.
AGRICULTURE: The use of land for agricultural purposes including agriculture, dairying, farming, floriculture, horticulture, pasturage, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
AIR RIGHTS: Air rights for the purpose hereof shall be defined to mean the ownership or control of all land, property, and that area of space at and above a horizontal plane over the ground surface of land. This horizontal plane shall be at a height above the existing or proposed development (depending on the individual property in question), which is reasonably necessary or legally required for the full and free use of the ground surface.
ALLEY: All public rights of way at the rear of the lot, which normally affords a secondary means of access to abutting property.
APARTMENT: A portion of a building consisting of a room or suite of rooms intended, designed or used as a permanent residence by an individual or one (1) family.
APARTMENT HOUSE: See DWELLINGS, MULTIPLE.
AUCTION: The buying and selling of goods either in person or on-line by offering them for bid and selling to the highest bidder.
AUTOMOBILE AND TRAILER SALES AREAS: An open, partially open, or enclosed area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on or from the premises.
AWNING: A covering that projects from and is supported by the wall of a building for the purpose of shielding a doorway or window from the elements.
BAR: See TAVERN.
BASEMENT/CELLAR: That portion of a building that lies wholly or partly underground. For purposes of height measurement a basement shall be counted as a story when more than one half (1/2) of its height is above the average level of the adjoining ground.
BED AND BREAKFAST INNS: An owner occupied principal residential structure in which a room or rooms are rented to the public on a nightly basis for periods of less than a week. Breakfast may be provided for guests only.
BED AND BREAKFAST UNITS: A room or a group of rooms for hire, located within a principal residential structure, forming a single habitable unit used or intended to be used for sleeping, but not for cooking or eating purposes.
BOARD OF ADJUSTMENT: Board of Adjustment, City of Newport, Commonwealth of Kentucky.
BOARD OF COMMISSIONERS: Board of Commissioners, City of Newport, Commonwealth of Kentucky.
BOARDING HOUSE: A residential building other than a hotel, motel, or tourist cabin where lodging and meals for four (4) or more persons are served for compensation, and by prearrangement for definite periods.
BORROW PIT: Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than mining operations such as gold, silver, coal, etc., and that which is necessary and incidental to grading or to building construction on the premises.
BUFFER AREA: Areas so planned and/or zoned which act as a buffering or separation area between two (2) or more uses or structures not compatible, due to design, function, use or operation.
BUILDABLE AREA Any portion of area within the defined construction limits of a project that is essential for the purpose of constructing improvements thereon.
BUILDING: A structure enclosed within exterior walls or firewalls for the shelter, housing, support or enclosure of persons, animals or property of any kind.
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.
BUILDING AREA OR LOT COVERAGE BY BUILDING: That portion of a lot or building site that can be legally occupied by the ground floor of the principal building or use and all permitted accessory uses excluding those portions of the lot or building site which shall be reserved for minimum required yard spaces.
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.
BUILDING, DETACHED: A building surrounded by open space on the same lot or tract of land.
BUILDING, HEIGHT OF: The vertical distance measured from average elevation of the finished grade adjoining the building at the front building line to the highest point of the roof surfaces, if a flat roof; to the deck line of a mansard roof and; to the average height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR: The official or officials appointed by the City of Newport for carrying out the Building Codes.
BUILDING LINE: A line defining the minimum front, side and rear yard requirements.
BUILDING, MAIN: See BUILDING, PRINCIPAL
BUILDING PERMIT: A permit issued by the City of Newport's Building Inspector authorizing the construction or alteration of a specific building, structure, sign or fences on a specific tract.
BUILDING, PRINCIPAL: The building on a lot used to accommodate the primary use to which the premises are devoted.
BUILDING SITE: One contiguous piece of land that meets all of the provisions of the City of Newport's Ordinances, Regulations, and Codes for building on said site. For the purpose of this ordinance, the entire amount of ground being called a building site shall be in one (1) specific zone category and this shall not be construed to mean merely a residential, commercial, industrial, etc., but specifically: R-1, R-2, R-3, R-4, R-5, CBD, NC, SC, PO, RFD, CBDF, I-1, and I-2.
BUSINESS: Commercial establishments that provide, as their primary activity, sale of goods and/or services to individuals as well as to other commercial establishments.
CANOPY (MARQUEE): A permanent roof-like shelter extending from a building face serving the purpose of protecting pedestrians from the elements. Such structure shall be open on three or more sides and shall be supported either in part or wholly through ground supports and constructed of durable materials such as, but not limited to, glass, metal or plastic.
CAR WASH: A building or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with chain conveyer, blower, steam cleaning devices, or other mechanical devices. The use of personnel for one or more phases of this operation in conjunction with or without complete automatic or mechanical devices does not alter its classification. For the purpose of this ordinance, coin operated devices, of the above nature, which are operated on a self service basis, shall be construed to be the same.
CARPORT: See GARAGE, PRIVATE.
CHURCH: A building used principally for religious worship. The word "church" shall not include or mean an undertaker's chapel of a funeral building.
CITIZEN MEMBER: Any member of the Planning and Zoning Commission or Board of Adjustments who is not an elected or appointed official or employee of the City or county.
CITY TREE - A tree located on property owned by the City or public right- of-way.CLINIC, ANIMAL: A building used by a group of professional medical persons for the healing arts and treatment of small animals on an out patient or non boarding basis only, without runs.
CLINIC, PERSONS: A building used by a group of professional medical persons for the healing arts or treatment of persons on an out patient or non boarding basis only. Drug/Alcohol treatment or rehabilitation programs are not considered clinics under this definition.
CLUB: A building owned or rented by a non profit association made up of bona fide members paying dues, the use of which is restricted to said members and their guest.
COMMERCIAL EVENT CENTER: A facility located on private property that primarily functions to provide for any type of social gathering or assembly, typically consisting of one or more multi-purpose meeting rooms and/or recreational facilities that are available for use by various private groups for such activities as meetings, parties, weddings, receptions, dances and recreation.
COMMISSION, (PLANNING AND ZONING COMMISSION): The Planning and Zoning Commission of the City of Newport, Commonwealth of Kentucky.
COMMISSIONERS: Board of Commissioners, City of Newport, and Commonwealth of Kentucky.
COMPREHENSIVE PLAN: A guide for public and private actions and decisions to assure the development of public and private property in the most appropriate relationships. It shall contain, according to KRS Chapter 100, as a minimum, the following elements:
(a) A statement of goals and objectives, principles, policies and standards;
(b) A land use plan element;
(c) A transportation plan element;
(d) A community facilities plan element;
(e) May include any additional elements such as, without being limited to, community renewal, housing, flood control, pollution, conservation, natural resources, and others.
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.
CONDITIONAL USES: A use which may be suitable as determined by the Board of Adjustment in zones herein defined, but which would impair the integrity and character of the zone in which it is located, or in adjoining zones, unless restrictions on locations, size, extent, and character of performance are imposed.
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 Adjustments which justifies the issuance of the permit; and
(b) A statement of the specific conditions, which must be met in order for the use to be permitted.
CONFORMING USE: Any lawful use of a building, structure, lot, sign or fence, which complies, with the provisions of this ordinance.
COURT: An open unoccupied space other than a yard, on the same lot with a building and which is bounded on two (2) or more sides by the building.
CURB CUT: Any interruption, or break in the line of a street curb in order to connect a driveway to a street, or otherwise to provide vehicular access to abutting property.
CURB LEVEL: The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Newport City Engineer shall authorize and approve the establishment of such curb level or its equivalent for the purpose of this ordinance.
DECIBEL: A unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in "decibels".
DELICATESSEN: A shop that sells freshly prepared foods, and canned and packaged ingredients, either for consumption on premises or off-premises.
DISTRICT: For purposes of this ordinance synonymous with "zone".
DORMITORY: A building used to provide residences for a group of persons (including students, faculty or staff) of whom all are exclusively associated with an institution for higher education.
DRIP LINE - A line connecting the tips of the outermost branches of a tree projected vertically onto the ground.
DWELLING: Any building which is completely intended for, designed for and used for residential purposes, but for the purpose of this ordinance shall not include a hotel motel, hotel, motel, nursing home, tourist cabins, college or university dormitories, or military barracks.
DWELLING, ATTACHED: The sharing of a common wall by two (2) or more dwelling units.
DWELLING, CLUSTER: A single family dwelling, which is located on a lot having side yard dimensions, which vary according to the width of the lot to be developed. Cluster dwellings may or may not be attached in some fashion by common walls without openings. Cluster dwellings are intended to allow for imaginative site planning and arrangement of buildings.
DWELLING, DETACHED: A dwelling unit having no wall in common with another dwelling unit.
DWELLING, DOUBLES: See DWELLING, TWO FAMILY.
DWELLING, DUPLEXES: See DWELLING, TWO FAMILY.
DWELLING, EFFICIENCY: A variant of a "dwelling, multiple", wherein said dwelling shall consist of a single room, exclusive of bathroom, but including a kitchen area within the common space.
DWELLING, GROUP HOUSE: A building that has not less than three (3) one family housekeeping units erected in a row as a single building on one lot or on adjoining lots, each being separated from the adjoining unit or units by an approved masonry party wall or walls, and each such building being completely separated from any other building by space on all sides and such space shall be at least the required minimum yard setbacks as so specified in this ordinance.
DWELLING, MULTIPLE: A residential building used and/or arranged for rental occupancy, or cooperatively owned by occupants, having three (3) or more dwelling units, as separate housekeeping units. This type of dwelling shall be inclusive of apartment buildings and group house dwellings.
DWELLING, ROW HOUSE: A building or portion thereof designed, intended or used for residential purposes. The building is situated so that its side walls are shared with other like structures all having their own separate entrances and lots of record.
DWELLING, SEMI DETACHED: The partial sharing of a common wall by two (2) or more dwelling units.
DWELLING, SINGLE FAMILY: A detached residential building designed, arranged, or used for or occupied exclusively by one (1) family, but shall not include house trailers.
DWELLING, TOWN HOUSE: A building or portion thereof designed, intended or used for residential purposes. A town house is a single family unit with party walls and with each unit having its own entrance.
DWELLING, TRAILER: See MOBILE HOME.
DWELLING, TWO FAMILY: A residential building designed, arranged, or used exclusively by two (2) families, living independently of each other.
DWELLING UNIT: A building or portion thereof providing complete housekeeping facilities for one (1) person or one (1) family.
DWELLING, ZERO LOT LINE: A single family dwelling which is located on a lot having side yard dimensions which vary according to the width of the lot to be developed, and which dimension may be reduced to zero (0) feet on one (1) side of the dwelling subject to regulations contained herein. Zero lot line dwellings are intended to allow for imaginative site planning and arrangement of buildings.
EASEMENT: A right, distinct from the ownership of the land, to cross property with facilities such as, but not limited to, sewer lines, water lines and transmission lines, or the right, distinct from the ownership of the land, to reserve and hold an area for drainage of access purposes.
EATING ESTABLISHMENTS RESTAURANTS:
(a) Fast Service Restaurants: Any structure where cooked food and beverages primarily intended for immediate consumption are available upon a short waiting time, and are packaged or presented in such a manner that they can be readily eaten outside the premises where they are sold; and where the facilities for on premises consumption of the food and beverages are insufficient for the volume of food sold in the establishment.
(1) Carry out: An establishment preparing and offering food and beverages, which are sold only inside the building and are packaged to be carried and consumed off the premises.
(2) Drive in: An establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive in or drive through service, and for consumption on or off the premises.
(b) Sit Down Restaurant: An establishment that prepares and sells foods and beverages to the customer in a ready to consume state through one of the following methods of operation 1) customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which said items are consumed; or 2) a cafeteria type operation where foods and beverages are consumed within the structure.
(c) Combination: A restaurant, which provides any combination of sit down service, plus the capability of providing carry out, drive in, or both services.
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. This definition is not meant to include buildings.
EXISTING, OPERATIONAL ADULT BUSINESSES: Any adult bookstore or adult entertainment establishment or adult theater, as well as the structures housing same, which are carrying on and doing business for gain or economic benefit, exist upon the passage of this Ordinance.
FAMILY: An individual or two (2) or more persons related by blood or marriage or group of not more than seven (7) persons 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.
FILLING STATION: See SERVICE STATION.
FINANCIAL INSTITUTION: Commercial banks, savings and loan associations, brokerage offices and other similar financial institutions, but not including pawnshops.
FLOOR AREA, GROSS: 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 center lines of walls or partitions separating dwelling units.
For uses other than residential, the gross floor area shall be measured from the exterior faces of the exterior walls or from the center line of walls or partitions separating such uses and shall include all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.
The gross floor area shall not include floors used for parking space when such parking appertains to a residential, commercial, or office used in the same structure.
FRATERNITY OR SORORITY: A club or social activity officially associated with and supervised by a recognized institution for higher education whose membership is limited exclusively to students of the said institution.
FRATERNITY/SORORITY HOUSE: A building used by a fraternity or sorority to provide living quarters for some or all members as well as to provide study, meeting, recreational and other facilities.
FREQUENCY: The number of oscillations per second in a sound wave. This is an index of the pitch of the resulting sound.
FRONTAGE: All the property abutting on one (1) side of the right of way of a street, measured along the right of way line of the street between the lot lines. In no case shall the line along an alley be considered as acceptable for frontage.
GARAGE, PRIVATE: An accessory building or portion of a principal building not exceeding eight hundred (800) square feet in area, per dwelling unit, designed, intended and used for the storage of not more than four (4) motor driven vehicles, per dwelling unit, owned, used and registered in the name of the occupants of the dwelling unit for which said private garage is intended. Not more than one (1) of the vehicles shall be a commercial vehicle and this vehicle shall not be more than one (1) ton capacity. This definition shall not include a public garage.
GARAGE, PUBLIC: A building or portion thereof designed, intended and used exclusively for the care, repair, or equipment of self propelled motor vehicles or other vehicles. This definition shall not include private garage.
GROUP HOME: A residential facility for the care of seven (7) or less unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and Americans with Disabilities Act. A SOBER LIVING FACILITY shall be considered as a GROUP HOME for all purposed consistent herewith.
GROUP HOUSING: See DWELLING, GROUP HOUSE.
HOSPITAL, ANIMAL: A building used by a group of professional medical persons for the healing arts or treatment of animals generally on an in patient or boarding basis and shall have outside runs.
HOSPITAL, PERSONS: A building used by a group of professional medical persons for the healing arts or treatment of persons generally on an in patient or boarding basis.
HOTEL/MOTEL: A building, or group of buildings, comprised of individual sleeping or living units for the accommodation of transient guests, not containing individual cooking or kitchen facilities. Parking facilities are generally located adjacent to the living units or in an attached garage.
HOTEL/MOTEL - EXTENDED STAY: A building or group comprised of individual sleeping or living units for the accommodation of transient guests containing full kitchen/cooking facilities.
HOTEL/MOTEL RESIDENCE: A building, or group of buildings, comprised of individual sleeping or living units for the accommodation of transient guests, containing limited cooking or kitchen facilities available for use by guests.
HOUSE TRAILER: See MOBILE HOME.
INDOOR/OUTDOOR MUSIC VENUE: A building, or building complex, comprised of both an indoor and outdoor stage used independently (never at the same time) to accommodate musical performances, including live music, the presentation of music played on sound equipment operated by the owner or by an employee. Nightclubs, taverns, bars, adult entertainment theaters as defined herein shall not be considered music venues.
JUNK: Scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc, and all other scrap metals and the alloys, and bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, inoperative motor vehicles, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to made them unusable in their existing condition or which are subject to being dismantled.
JUNK YARD: An open area where any waste, used or second hand materials are sold, bought, 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 Yard" includes an auto wrecking yard or the storage or keeping of one (1) or more inoperative motor vehicles unless where otherwise specifically permitted but does not include uses established entirely within enclosed buildings.
KENNEL: Any building, structure or open space devoted in its entirety or in part to the raising, boarding or harboring of four (4) or more dogs, at least four (4) months of age.
LABORATORY: A building or a portion of a building devoted to the experimental study in science, or the testing and analysis of chemicals, drugs, explosives, minerals, etc.
LABORATORY, MEDICAL, OPTICAL OR DENTAL: A building or a portion of a building used to provide bacteriological, biological, medical, x ray, pathological, optical and similar analytical or diagnostic services to doctors, optometrists/opticians or dentists and where no fabrication is conducted on the premises, except the custom fabrication of dentures, optical glasses, contact lenses and similar devices.
LANDMARK TREE - Any tree designated and identified as such by Tree Board, which meets one or more of the following criteria:
1. Tree species is rare.
2. Tree is more than one hundred (100) years of age.
3. Tree has been connected with a significant historical event.
4. Tree is of outstanding trunk diameter or drip line diameter for a tree of its species.
5. The quality of the tree foliage is outstanding for a tree of its species
6. Tree is of special importance to the City.
LAUNDROMAT: A business that provides home type washing, drying and/or ironing machines for hire to be used by customers on the premises.
LEASABLE AREA, GROSS: The total floor area designed for tenant occupancy and exclusive, use, including basements, mezzanines, and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
LENDING INSTITUTION: REFER TO FINANCIAL INSTITUTION
LIVESTOCK: Domestic animals of types customarily raised or kept on farms for profit or other productive purposes.
LOADING AND/OR UNLOADING SPACE: A surfaced space within the main building or on the same lot providing for the temporary standing, loading and/or unloading of trucks. Said space shall be connected with an accepted deeded public right of way which affords ingress and egress for vehicles.
LODGING HOUSE: A building, other than an apartment, hotel, motel or tourist court where lodging for four (4) or more persons is provided for compensation.
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 herein, together with their accessory buildings or uses and such access, yards and open spaces required under this ordinance.
LOT AREA: The total area of a horizontal plane bounded by the front, side and rear lot lines including flood plains, waters of any lake, river, creek or major drainage ditch, but excluding any area occupied by rights of way. For the purposes of this ordinance all of the area of a given lot shall be in one (1) specific zoning category.
LOT, CORNER: A "corner lot" is 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 one hundred and thirty five (135) degrees.
LOT, DEPTH OF: 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.
LOT, DOUBLE FRONTAGE: A lot other than a corner lot that has frontage on more than one (1) street.
LOT, INTERIOR: A lot other than a corner lot with only one (1) frontage on a deeded and occupied public right of way.
LOT LINE, FRONT: The common boundary line of an interior lot (other than a double frontage lot) and a street right of way line or the common boundary line of a corner lot (other than a double frontage lot) and that street right of way line toward which the principal or usual entrance to the main building situated on such lots most nearly faces, or the common boundary line of a through lot and any adjacent road or street right of way line.
LOT LINE, REAR: The boundary line of a lot, which 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 (10) feet in length within the lot parallel to and at the maximum distance from the front lot line shall be deemed to be the rear 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 requirements for yard space can be complied with.
LOT LINE, SIDE: Any boundary line of a lot, other than a front lot line or rear lot line.
LOT OF RECORD: A designated fractional part of subdivision of a block, according to a specific recorded plat or survey, the map of which has been officially recorded in the office of the Campbell County Clerk, Commonwealth of Kentucky.
LOT WIDTH, MINIMUM: The width of the lot as measured along the minimum building front setback line.
LOT, ZONING: A "zoning lot or lots" is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developers as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.
MEZZANINE: An intermediate or fractional story between the floor and ceiling of a main story, used for a purpose accessory to the principal use. A mezzanine is usually just above the ground floor and extending over only part of the main floor.
MINIMUM BUILDING SET BACK LINE: A line parallel to the front, side and/or rear lot line and set back from the lot line a sufficient distance as specified in this ordinance, to provide the required minimum yard space.
MINIMUM FRONT YARD DEPTH: The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the street right of way line and the front line as defined herein.
MINIMUM REAR YARD DEPTH: The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the rear lot line, as defined herein, and the rear lot line.
MINIMUM SIDE YARD WIDTH: The minimum distance required by this ordinance to be maintained within the lot between a line parallel to the side lot line, as defined herein, and the side lot line.
MOBILE HOME: Any coach, cabin, mobile home, house trailer, house car or other vehicle or structure intended for or capable of human dwelling or sleeping purposes, mounted upon wheels or supports, or supported and/or capable of being moved by its own power or transported by another vehicle. For the purpose of this ordinance, the removal of wheels and/or the permanent or semipermanent attachment of a foundation to said house trailer shall not change its classification.
MOBILE HOME PARK: Any lot, parcel or premises, subdivided, designed, maintained, intended or used for the purpose of supplying a location, or accommodation for mobile homes; or any lot parcel or premises on which is parked, standing or located two (2) or more mobile homes for a longer period than twenty four (24) hours; or one (1) or more mobile homes connected to either electrical lines, or water or sewer pipes; or any mobile home being utilized on the premises on which it is located. For the purpose of this ordinance, any lot or premises used for the wholesale or retail sale of mobile homes shall not be included within this definition.
MODULAR: Housing manufactured off site, often mass produced, and designed so that sections are interchangeable. This is a production technique, which can be applied to low or high-density type construction.
MOTELS: A group of attached or detached buildings but not house trailers containing individual sleeping or living units for travelers and transient guests, with garage attached or parking facilities conveniently located to each unit. The term includes tourist court when related to the context specified herein.
NATIONAL STANDARDS: An acknowledged basis for comparing or measuring criterion of, relating to, or belonging to the nation as a whole.
NIGHTCLUB: An establishment that prepares and sells foods and/or beverages to the public in a ready-to-consume state. In such an establishment, the customer may be provided an individual menu and is served food and/or beverages by an employee of the establishment. Food and/or beverages are to be consumed at the establishment. Live legitimate (not including "adult") entertainment and alcoholic beverages may be offered in such establishments.
NON-CITY TREE - Any tree other than a City tree as heretofore defined.
NON CONFORMING LOT: A lot which was lawfully created but which does not conform to the minimum lot requirements specified for the zone in which it is located.
NON CONFORMING USE OR STRUCTURE: An activity or a building, sign, fence, structure or a portion thereof which lawfully existed before the adoption or amendment of this ordinance, but which does not conform to all of the regulations contained in this ordinance or amendments thereto which pertain to the zone in which it is located.
NOXIOUS MATTER OR MATERIALS: Matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well being of individuals as determined by the Northern Kentucky District Health Department.
NURSERY: Any building or lot, or portion thereof, used for the cultivation or growing of plants and including all accessory buildings, but does not include the wholesale or retail sale of any items other than those incidental to the items raised or grown on said premises.
NURSERY SCHOOL: Any building used for the daytime care and/or education of preschool age children and including all accessory buildings and play areas, and shall for the purpose of this ordinance, be considered a group activity.
NURSING HOME: A health establishment, which provides nursing care under the direction of a Kentucky, licensed physician to patients who for reason of illness or physical infirmities are unable to care for themselves properly.
OCTAVE BAND: A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OCTAVE BAND FILTER: An electrical frequency analyzer designed according to standards formulated by the American Standards Association and used in conjunction with a sound level meter to take measurements in specific octave intervals.
ODOROUS MATTER: Any material or material that yields an odor which is offensive in any way to a person with reasonable sensitivity.
PARKING AREA, OFF STREET: An open, surfaced area other than the rights of ways of a street, road, highway, alley, or place, used for temporary parking of self propelled motor vehicles and available for public use either free, for compensation or as an accommodation for clients or customers.
PARKING BUILDING OR GARAGE: A building or portion thereof designed, intended and used exclusively for the temporary parking of self propelled motor vehicles and may be publicly or privately owned and/or operated and may be for renumeration, free or privately utilized.
PARKING SPACE: A surfaced area enclosed in the main building or in an accessory building or in an unenclosed lot permanently reserved for the temporary parking of one (1) operative automobile. Said space shall be connected with a deeded and accepted public right of way by a surfaced driveway, which affords ingress and egress for vehicles.
PARTICULATE MATTER: Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.
PAWN SHOP: An establishment in which individuals borrow money from a person licensed to loan money at a legally specified rate of interest. The lender accepts personal property as collateral to secure the loan. Pawnshops are not a permissible use under the definition of financial institution.
PERFORMANCE STANDARDS: A criteria established to control building enclosure, landscaping, noise, odorous matter, exterior lighting, vibration, smoke, particulate matter, gases, radiation, storage, fire and explosive hazards, and humidity, heat or glare generated by or inherent in, uses of land or buildings.
PLANNING COMMISSION: The Planning Commission of the City of Newport, Kentucky. The "Planning Commission" shall also mean the "Planning and Zoning Commission."
PLANNED UNIT DEVELOPMENT (PUD): A development on a relatively large tract of land, which permits a developer to provide a variety of housing types with an integrated design and layout all within one area. Depending on the scale of the site, other land uses such as shopping areas may also be included. The objective of PUD is to reduce the individual dwelling unit cost for the buyer renter, yet provide amenities of open space and recreation with the same site design.
PROTECTIVE BARRIER - A barrier constructed to protect the root system or trunk of a tree from damage during construction or from equipment or soil or material deposits.
PUBLIC BUILDING: Any building open to the general use, participation or enjoyment of the public or operated for the public's benefit and owned and/or operated by a City, County, State, or Federal Government or by a public utility corporation or municipal district or authority.
RAILROAD RIGHTS OF WAY: A strip of land within 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.
RECREATION, COMMERCIAL: Recreation facilities open to the general public for a fee or restricted to members when operated for profit as a business.
RECREATION, PRIVATE, NON COMMERCIAL: Clubs or recreation facilities, operated by a non profit organization and open only to bona fide members of such nonprofit organization and their guests.
RECYCLING, LIGHT: Processing of scrap metals for the purposes of recycling. Shall not include the dismantling or processing of vehicles or machinery.
REST HOME: A rest home or convalescent home for the aged or mentally or physically infirm is any place of abode, building, institution, residence or home used for the reception and care, for a consideration of three (3) or more persons, who by reason of age, mental, or physical infirmities are not capable of properly caring for themselves.
RESTAURANT: An establishment where the primary business is the serving of meals to customers, has an operating full service kitchen facility and receives a minimum of fifty percent (50%) of its gross receipts from the sale of food.
ROOT SYSTEM: Tree roots within the drip line perimeter.
SCHOOLS, BUSINESS: An institution or place for instruction of education, specifically in courses of bookkeeping, business administration, operation of business machines, shorthand and typing and related courses, operated for an intended profit. For the purpose of this ordinance business colleges shall be included in this definition.
SCHOOLS, PAROCHIAL: An institution or a place for instruction of education belonging to and maintained by a religious organization.
SCHOOLS, PRIVATE: An institution or a place for instruction of education belonging to and maintained by a private organization other than those types defined in this ordinance.
SCHOOLS, PUBLIC: An institution or place for instruction of education belonging to the public and established and conducted under public authority in the various districts, counties or cities and maintained at the public expense by taxation, and open with or without charge to the public for their attendance. This does not include schools owned and/or conducted by private parties though said schools may be open to the public generally and though tuition may be free. Schools in the aforementioned category of public schools shall include all pre-school or kindergarten, elementary, junior high, high schools, alternative/vocational, junior colleges, college and universities, but no others.
SCHOOLS, TRADE: An institution or place for instruction of education, specifically in one or more of the general trades such as: welding, carpentry, electrical, etc.
SCREENING AREA: An area set aside to remain vacant of buildings and to be planted and landscaped to reduce the blighting effect of certain land uses on adjacent property.
SERVICE FACILITIES, PUBLIC UTILITIES: Service facilities include all facilities of public utilities operating under the jurisdiction of the Public Service 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.
SERVICE STATION: Any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oils, or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs.
SIGN: Any work, lettering, figures, numbers, phrases, sentences, emblems, devices, (including loud speakers), designs, pictures, trade names or trademarks by which is affixed to, or represented directly or indirectly upon a building, structure, vehicle (including portable type vehicles) or piece of land and which directs attention to an object, place, activity, person, firm, corporation, institution, business, service, commodity or a product, which are visible from the rights of way of any street, road, highway, or pedestrian area and designed to attract attention. The term "sign" shall not include the flag, pennant, or insignia of any nation, state, county, City or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, monument, event or any type of traffic or warning sign of signal or the usual house or building number or a sign posted on a service or delivery type vehicle.
SIGN, ADVERTISING: An advertising sign is a sign, which directs attention to a business, commodity, service, or entertainment conducted, sold or offered:
(a) only elsewhere than upon the premises where such sign is located or to which it is affixed or
(b) as a minor and incidental activity upon the premises where the sign is located.
SIGN, ANIMATED/FLASHING: Any sign having a conspicuous and intermittent variation in the illumination or physical position of any part of the sign.
SIGN, AWNING: Any sign affixed directly to an awning.
SIGN, BANNER: A temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
SIGN, BILLBOARD: A sign that identifies a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
SIGN, BUSINESS: A sign which directs attention to a business, profession or industry located upon the premises where such sign is displayed or to which it is affixed, to type of products sold, manufactured or assembled and/or to service or entertainment offered upon said premises, but not pertaining to an advertising sign if such activity is only minor and incidental to the principal use of the premises.
SIGN, CANOPY: Any sign affixed directly to any canopy.
SIGN, ELECTRONIC: Any sign that uses changing lights to form a message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic process.
SIGN, FLAT: Any sign which is attached directly, in rigid manner and parallel to the building wall and shall not extend outward from the building wall more than twelve (12) inches, except, however, if the sign is externally illuminated, the reflectors shall project not more than four (4) feet beyond the face of the sign. Such sign or signs shall not extend beyond the top or ends of the wall surface on which they are placed.
SIGN, GROSS AREA OF: The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same. However, such perimeter shall not include any structural element lying outside the limits of such sign and not forming an integral part of the display.
SIGN, GROUND: Any sign erected, constructed or maintained when such sign is supported by uprights or braces placed in the ground not attached to any part of any building or when such sign is placed directly upon the ground.
SIGN, HANDBILL: Any sign that is a printed sheet or pamphlet distributed by hand.
SIGN, IDENTIFICATION: A sign used to identify: the name of the individual, family, organization or enterprise occupying the premises; the profession of the occupant; the name of the building on which the sign is displayed.
SIGN, INDIVIDUAL LETTER: Letters and/or numbers individually fashioned from metal, glass, plastic or other materials and attached directly to the wall of a building, but not including a sign painted on a wall or other surface.
SIGN, MARQUEE: A permanent roof-like structure extending wholly from the face of a building and constructed of durable material such as, but not limited to, glass, metal, or plastic for the purpose of advertising an attraction open to and for the general public.
SIGN, MOBILE: A sign that is permanently attached to a structure on wheels, skids, or other form of mounting which structure is not permanently affixed in or to the ground.
SIGN, NEON: any sign which emanates neon light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces.
SIGN, PAINTED: A sign painted directly on the exterior surface of a structure or building.
SIGN, POLE: Any sign affixed to a freestanding supporting pole, embedded in, and extending upward from the ground.
SIGN, PROJECTING: Any sign projecting from the face of a building and securely attached to the building by bolts, anchors, chains, guys, or to posts, poles, or angle irons attached directly to the building.
SIGN, REAL ESTATE: A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located on such lot or tract of land.
SIGN, ROOF: Any sign erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architecture appendage above the roof or roof eave.
SIGN, WALL: A sign painted on the outside of a building, or attached to, and erected parallel to the face of a building and supported throughout its length by such building.
SIGN, WINDOW: A sign installed inside a window for the purpose of viewing from the outside the premises, but not anchored to or painted on either the inside or outside surface of the glass.
SOBER LIVING FACILITY: A single family dwelling unit used by individuals recovering from a drug and/or alcohol addiction, considered as a handicapped individual under state and federal law. A SOBER LIVING FACILITY shall not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental-nutritional or other health care services; financial management services; legal services; vocational services; and other similar supportive services.
SOUND LEVEL METER: An instrument standardized by the American Standards Association for measurement of intensity of sound.
STABLE, PRIVATE: A separate accessory building with a capacity for not more than one (1) horse or one (1) pony for each six thousand (6,000) square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners or occupants of the premises and not kept for compensation, hire or sale.
STABLE, PUBLIC: A main building with a capacity for not more than one (1) horse or one (1) pony for each six thousand (6,000) square feet of lot area whereon such stable is located and where such horses or ponies are owned by the owners, occupants of the premises or others and are kept for compensation, hire or sale.
STORY: That portion of a building, structure, and/or parking deck included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this ordinance, a basement shall be counted as a story.
STORY, HALF: A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story.
STREET: A public thoroughfare, constructed within the boundaries of an officially deeded and accepted public right of way, which affords principal means of access to abutting property.
STREET, ARTERIAL: Public thoroughfares, which serve the major movements of traffic within and through the community as, identified in the adopted Comprehensive Plan for the City of Newport.
STREET, COLLECTOR: Public thoroughfares, which serve to collect and distribute traffic primarily from local residential streets to arterial streets.
STREET, EXPRESSWAY: A divided arterial highway for through traffic with full or partial control of access in general with grade separations at major intersections.
STREET, FREEWAY: A divided multi lane highway for through traffic with all cross roads departed in grades and with full control of access.
STREET, LOCAL: Facilities, which are designed to be used primarily for, direct access to abutting properties and leading into the collector street system.
STREET, MAJOR: Any public thoroughfare classified as an "arterial", "freeway", or "expressway".
STRUCTURE: Anything constructed or erected, the use of which requires a location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings, mobile homes, signs, and fences, but not including earthworks, ditches, canals, dams, reservoirs, pipelines, telephone or telegraph or electric power lines, driveways, or curbs.
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; providing that a division of land for agricultural purposes into lots of parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and when appropriate to the context shall relate to the process of subdivision or to the land subdivided.
SWIMMING POOL, OUTDOOR: 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 depression or excavation in any natural or constructed material, or any like to term 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, the retaining of water to a greater depth than eighteen (18) inches at any point. Any such structure or device shall be deemed to be included within the meaning of the term "structure" as in this ordinance. Outdoor swimming pools shall be deemed to consist of the following classes: Private, semi public, public and commercial, as follows:
(a) Private: When consisting of any 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 (as distinguished from groups of any kind) with no payment of any kind or in any form charged or received for such use.
(b) Semi Public: When consisting of an accessory structure appurtenant to a multiple dwelling, hotel, motel, church, school or private club, or country club, and used only as such by persons who reside or are housed on the same lot or who are regular members of such church, club, country club or regular attendants at such school and by individual guests (as distinguished from groups of any kind) of the foregoing with no payment of any kind or in any form being charged or being received for such use.
(c) Public: A swimming pool maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.
(d) Commercial: A swimming pool operated for profit, open to the public upon payment of an hourly, a daily, weekly, monthly, annual, or other fee.
TAVERN: Any establishment selling, by the drink, fermented malt beverages or malt, vinous or spirituous liquors.
TENT: Any structure or enclosure, the roof of which and/or one half (1/2) or more of the sides constructed of silk, cotton canvas, fabric, or a similar light material.
TOURIST COURT: See MOTELS.
TREE: Any living, self-supporting woody or fibrous plant, usually having a single woody trunk.
TREE BOARD: The Tree Board of the City of Newport, Kentucky.
USE: Any purpose for which a building, structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building, structure or on a tract of land.
VARIANCE: A departure from dimensional terms of the zoning regulations pertaining to the height, width, or location of structures, and the size of yards and open spaces where such departure meets and requirements of KRS 100.241 to 100.247. (Enact. Acts 1966, ch. 172, S 1; 1974, ch. 398, S 1; 1982, ch. 306, S1, effective July 15, 1982; 1986, ch. 23, S 7, effective July 15, 1986; 1986, ch. 141, effective July 15, 1986.)
YARD: An open space on the same lot or building site with a main building unoccupied and unobstructed from the ground upward, except by trees, plants, shrubberies, ornaments, utility poles and wires, dog houses, outdoor furniture, gas pumps, pump islands, and except as otherwise permitted in Section 9.10 (G), "Permitted Obstructions in Minimum Required Yards or Courts".
YARD DEPTH, FRONT: An open space extending the full width of the lot or building site 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, as defined herein.
YARD DEPTH, REAR: An open space extending across the full width of the lot and measured between a line parallel to the rear lot line, as defined herein, which intersects the rearmost point of any building excluding steps and unenclosed porches and the rear lot line.
YARD WIDTH, SIDE: An open space between any building and the side lot line, as defined herein, extending from the front of the building line to the rear yard or on through lots or building sites from one front lot line to the other front lot line.
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 circumstance are without safe and proper shelter. "Temporary care" shall mean a maximum of 30 days residence. Such use may include one dwelling unit for a resident manager in the same building, facility, or residence.
ZONE: An established area within the City of Newport for which the provisions of this ordinance are applicable. The word "Zone" shall also be synonymous with the word "District".
ZONING ADMINISTRATOR: The official or officials appointed by the City of Newport for carrying out the provisions and enforcement of this ordinance.
(Am. Ord. O-2008-018, passed 9-8-2008; Am. Ord. O-2016-024, passed 12-12-2016; Am. Ord. O- 2019-006-A, passed 3-25-2019; Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020)