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SECTION 10.3 COMMERCIAL DISTRICT
   A.   DISTRICT DEFINED:
      1.   Central Business District Zone - the CBD Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of a fully developed community. In general, to achieve maximum flexibility of permitted land use, the CBD Zone makes possible a highly varied grouping of retail and business functions.
      2.   Neighborhood Commercial Zone - the NC Zone is created to provide for local or neighborhood business uses that will be compatible with adjoining residential areas. The NC Zone is designed to provide for commercial, office, public and semi public structures, which are to be typically much less commercial in appearance and architecturally more harmonious with residential structures. This zone can serve as a buffer between residential areas and general business districts (such as the CBD or Shopping Center Areas) where a gradual transition from existing residential use to general business use is occurring or should occur.
      3.   Shopping Center Zone - the SC Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of the community and larger region. This zone provides for commercial uses that are compatible with the existing commercial character of outlying highways and arterials.
      4.   Professional Office Zone - the PO Zone is designed to allow a "mix" of business and professional office establishments with existing dwellings along major thoroughfares that are undergoing a transition in use from residential to higher intensity commercial and office uses. The purpose of this Zone is to allow for extensive rehabilitation of residential structures for business and professional office purposes.
      5.   Riverfront District - the RFD is designed to capitalize on proximity of the Ohio River. A mixture of office and residential high-rise buildings along with supporting retail establishments are to be encouraged in this district. This district encompasses the area between 3rd Street and the riverfront.
      6.   Central Business District Fringe - the CBDF District is designed as a transitional zone that encourages appropriate conversion and adaptive reuse of existing residential structures for mixed uses; including office, residential and retail. This district encompasses the 11th Street corridor and neighborhoods on the perimeter of the existing CBD.
   B.   PERMITTED USES:
      The permitted uses for each zone are shown in the following Table. Uses listed for the six commercial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
TABLE 6
PERMITTED AND CONDITIONAL USES: COMMERCIAL ZONES
NOTE: P signifies permitted use; X signifies not permitted; C signifies conditional uses.
DISTRICTS
DISTRICTS
CBD
NC
SC
PO
RFD
CBDF
1. RETAIL CONVENIENCE GOODS AND/OR SERVICE ESTABLISHMENTS
P
P
P
X
P
P
   A. Art supplies, Candy Store, Drug Store, Hardware Store and/or Garden Supplies, Florist, Grocery, Retail Bakery Sales or other food Store, Lunch Counter or Soda Fountain, Delicatessen or Restaurant (excluding Drive-Ins) and Bookstore.
P
P
P
P
P
P
   B. Outdoor dining areas as an accessory to Indoor dining and excluding use of the right-of-way.
X
X
P
X
X
X
   C. Drive-In Restaurants or Premises used for the sale, dispensing or serving of food or beverages outdoors or where customers may serve themselves or carry out and consume the food refreshments or beverages on the premises.
X
C
P
X
X
X
   D. Gasoline Service Station, Tire and Auto Service Center, limited to indoor service bays only.
X
C
C
X
X
X
   E. Convenience Stores with Retail Gasoline Sales.
 
 
 
 
 
 
2.   PERSONAL SERVICE ESTABLISHMENTS
P
P
P
P
P
P
   A. Barber Shops, Beauty Shops, Funeral Homes, Dry Cleaning and Laundry Pick-up Stations, Radio and Television Service, Photography Studio and Travel Bureau.
X
X
P
X
X
X
   B. Pawn Shop, Rent to Own Stores
 
 
 
 
 
 
3.   GOVERNMENT SERVICES
P
P
P
P
P
P
    A. Library, Post Office, Police and Fire Stations, City and County Buildings, Courthouses and related services.
CBD
NC
SC
PO
RFD
CBDF
4.   PROFESSIONAL SERVICE ESTABLISHMENTS
P
P
P
P
P
P
   A. Advertising Agencies, Accountants, Architects, Engineers, Interior Decorators, Planners, and Surveyors; Banks and other Financial Institutions; Employment Agencies; and related offices or services including Blueprinting/Photocopying and Job Printing.
 
 
 
 
 
 
5.   MEDICAL AND HEALTH CARE SERVICES
P
P
P
P
P
P
   A. Physicians, Dentists, Eye Care Professionals and related offices.
X
P
P
P
C
P
   B. Laboratories including medical, dental and optical.
P
P
P
P
P
P
   C. Fitness Centers such as Health Clinics and Health Spas.
 
 
 
 
 
 
6.   SHOPPING OR DURABLE GOODS ESTABLISHMENTS including
P
X
P
X
P
P
A. Antiques, Wearing Apparel and Accessories Stores, Shoe Stores, Dry Goods, Fabric Shop, Stationer, Gift Shop, Photographic Supplies, and Hobby Shop; Records, and Musical Instrument Stores; Sporting Goods and Bicycle Stores; (Pet Shop, including Grooming Shop and Obedience School Music, Paint, Wallpaper and Floor Coverings not permitted in RFD); and Variety Stores.
P
X
P
X
P
P
B. Department Stores, Discount Stores, Major Appliances, and Furniture; Glass, China and Pottery Store; Jewelry Store; Leather Goods and Luggage Store; and, Office Appliances and Supplies.
 
 
 
 
 
 
7. INDOOR COMMERCIAL AMUSEMENT RECREATION AND ENTERTAINMENT
P
X
P
X
P
C
A.    Theater, Bowling Alley, Gymnasium, Tennis Facilities, Roller or Ice Skating Rink, Lodge.
X
X
X
X
P
X
B.   (Cinemas, Aquariums, Cybertainment, and Virtual Reality Facilities, Indoor/Outdoor Music Venue, and Temporary Festivals).
P
X
P
X
X
X
C.   Tavern
P
X
X
X
X
X
D.   Charitable gaming, with approved license, permitted in CCO District only.
C
X
X
X
P
P
E.   Micro-brewery, micro-distillery
C
X
P
X
P
X
F.   Commercial Event Center (only within an existing structure in the CBD and CBDF Zones)
X
P
P
X
X
C
8.   AUTOMOBILE AND BOAT PART SALES
X
P
P
X
X
X
9.   AUTOMOBILE SERVICE
X
C
P
X
X
X
10.   AUTOMOBILE SALES NEW AND USED, AND REPAIR IN A TOTALLY ENCLOSED BUILDING AND NO LESS THAN ONE-HALF (1/2) ACRE OF LAND
X
X
P
X
X
C
11.    CAR WASH COMPLETELY INDOORS,SELF-SERVICE CARWASH, AUTOMATIC OR SEMI-AUTOMATIC CAR WASH
P
P
P
P
P
P
12.    COMMERCIAL PARKING LOTS AND STRUCTURES
C
X
X
P
X
C
13.    NEWSPAPER OFFICE INCLUDING PRINTING
P
X
P
X
X
P
14.     PACKAGE LIQUOR (EXCLUDING DRIVE-THROUGHS)
P
X
P
X
P
P
15.   WINE STORE (EXCLUDING DRIVE- THROUGHS)
P
P
P
X
X
P
16.    TEMPORARY SEASONAL USES SUCH AS CHRISTMAS TREE SALES, NURSERY PLANTS, FRUIT STAND COMPLETELY UNDER SHELTER
P
P
X
P
X
P
17.    VETERINARIANS
P
X
P
P
P
P
18.    SCHOOLS TEACHING PHOTOGRAPHY, DANCE MUSIC, ART, LANGUAGE, TRADES INCLUDING BARBER AND BEAUTICIAN SCHOOLS
P
X
P
P
X
P
19.    MASS TRANSIT TERMINALS INCLUDING BUS AND TAXI SERVICES
P
X
X
X
X
X
20.   AUCTIONS
C
X
X
C
P
X
21.   HOTEL/MOTEL
P
X
X
X
X
X
22.    ADULT ENTERTAINMENT
X
X
X
C
C
X
23.    RADIO STATION AND TV STATION
X
X
X
X
X
C
24.    BOAT SALES NEW AND USED, SERVICE AND REPAIR IN A TOTALLY ENCLOSED BUILDING
C
X
X
X
P
P
25.    RESIDENTIAL - IN CBDF ONLY SINGLE AND TWO FAMILY USES ARE PERMITTED. ANY MULTI-FAMILY UNITS IN THE CBDF MUST BE APPROVED BY THE BOA. TWO FAMILY UNITS REQUIRE 4,000 SQUARE FEET LOT SIZE MINIMUM, MULTI-FAMILY IS PERMITTED IN CBDF (CCO) AND SUBJECT TO DEVELOPMENT PLAN REVIEW.
X
X
P
X
X
P
26.    TOOL AND EQUIPMENT RENTAL AND/OR SALES, EXCEPT THAT IN THE CBD ZONE THERE MUST BE A MINIMUM LOT SIZE OF ONE-HALF (1/2) ACRE
X
X
X
X
X
X
27.   PUBLIC/PAROCHIAL SCHOOL FACILITIES
P
P
P
P
P
P
28.   LIBRARIES
X
X
P
X
X
X
29.   FOOD CARTS
P
X
X
X
X
X
30.   FREE STANDING WALK-UP ATM’S WITHOUT A PRIMARY BUILDING
 
   C.   ACCESSORY USES:
      1.   The following accessory uses are permitted in all commercial zones:
         a.   Customary accessory buildings and uses.
         b.   Fences and walls as regulated by Article XII of this Ordinance.
         c.   Signs as regulated by Article XV of this Ordinance.
      2.   In the Professional Office Zone, uses as listed below, included within and entered from within any building permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
         a.   Barber Shop
         b.   Beauty Shop
         c.   News and confectionery stands.
         d.   A prescription pharmacy
         e.   Coffee shop or refreshment stand
      3.   Within a master planned development where the principle use is office, development will allow residential and commercial uses to occupy up to 20% each of the total square footage. Any desire to increase on this percentage will require a conditional use permit from the Board of Adjustments. The office use would still be required to maintain the principle use in the development.
   D.   CONDITIONAL USES:
      1.   In all commercial zones, no building or occupancy permit shall be issued for any conditional use nor any customary accessory building or uses shall be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance.
   E.   AREA AND HEIGHT REQUIREMENTS: commercial zones shall be subject to the area and height requirements as shown in the following table:
TABLE 7
AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES
Min. Lot Area
Min. Lot Width
Min. Front Yard
Min. Side Yard Width
Min. Rear Yard Depth
Max Bldg. Height
Min. Bldg. Site Area
SQF
LF
LF
LF
LF
TABLE 7
AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES
Min. Lot Area
Min. Lot Width
Min. Front Yard
Min. Side Yard Width
Min. Rear Yard Depth
Max Bldg. Height
Min. Bldg. Site Area
SQF
LF
LF
LF
LF
DISTRICTS:
CBD
5,000*
50
15**
***
NA
NA
NA
NC
5,000*
50
25
***
15
40
NA
SC
NA
NA
50
50
50
40
5 acres
RFD
****
****
****
****
****
****
NA
PO
****
****
****
****
****
****
NA
CBDF
2,500
25
15
***
NA
40
NA
CBD,
CBDF
(CCO)
****
****
****
****
****
****
****
   *   In the case of these zones, more than one (1) principal building as defined herein, may be permitted on one lot.
   **   Minimum Front Yard Depth for the CBD Zone shall be fifteen (15) feet for buildings five (5) stories or less in height. One (1) additional foot of front yard depth shall be required for each additional story over five (5). Where the front yard depth varies for existing buildings in the CBD Zone, new buildings shall maintain the average depth represented within 200 feet on either side of the property on which a new building is to be constructed.
   ***   Minimum Side Yard Width shall be as follows in the CBD and NC Zone:
      a.   For buildings five (5) stories or less in height no restrictions except when adjacent to a street, road, highway or other right of way, where the required width shall be the same as required for a minimum front yard depth in this zone. When buildings abut each other, firewall construction, as required by the Newport Building Code, shall be required. In the event a side yard is provided it shall never be less than fifteen (15) feet wide.
      b.   For buildings six (6) stories in height a fifteen (15) foot minimum side yard width shall be required.
      c.   For buildings containing more than six (6) stories, a fifteen (15) foot minimum side yard width plus one (1) additional foot for each additional floor over six (6) shall be required.
      LF   Linear Foot
      SF   Square Foot
   ****   Subject to Development Plan approval
   F.   OTHER DEVELOPMENT CONTROLS:
      1.   All Commercial Zones shall be governed by the following additional development controls:
         a.   Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
         (b)   (1)   No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
         (b)   (2)   Dumpsters are to be totally enclosed in board or brick fencing.
         c.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.
         d.   Where any yard of any permitted use in Commercial Zones abut property in a residential zone, a minimum yard requirement of ten (10) feet for each side and/or rear yard which abuts said zone shall be provided, and screened in accordance with the requirements of Section 9.16 of this Ordinance.
         e.   A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
         f.   No use producing objectionable noise, odors, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
         g.   All business activities permitted within this District shall be conducted within a completely enclosed building with the exception of off street parking and loading and/or unloading areas, temporary seasonal businesses, automotive sales lots, tools and equipment rental and sales, and boat sales, with the exception of outside dining areas.
      2.   Where permitted, an adult bookstore, adult entertainment establishment and an adult theater are subject to the following locational requirements in commercial zones:
         a.   No adult bookstore, adult entertainment establishment, or adult theater, as defined herein, shall be located within three hundred (300) feet of any other such use, or located within three hundred (300) feet of the boundaries of any residential zone, or three hundred (300) feet from existing residential areas defined for the purpose of this Section as a block frontage developed with fifty percent (50%) or more residential uses; or located within one thousand (1,000) feet of any permanent structure used as a church or place of religious worship, or located within two thousand (2,000) feet of any public or parochial school.
         b.   All existing operational adult businesses, which do not presently meet any or all of the locational requirements, shall be deemed a non conforming use.
         c.   Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments, or adult theaters, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were a one (1) building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, north, south, east, west, and where vertical or horizontal distance measurements are required, such restrictions shall likewise apply.
         d.   The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
         e.   No portion of any wall of any building which separates an adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.
(Am. Ord. O-2010-013, passed 7-12-2010; Am. Ord. O-2010-014, passed 7-12-2010; Am. Ord. O-2011-001, passed 2-28-2011; Am. Ord. O-2011-015, passed 8-29-2011; Am. Ord. O-2013-010, passed 8-19-2013; Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2020-015, passed 9-21-2020)
SECTION 10.4 INDUSTRIAL DISTRICTS
   A.   DISTRICT DEFINED:
      1.   INDUSTRIAL ONE ZONE - the purpose of the I 1 Zone is to encourage the establishment of manufacturing and wholesale businesses, which are clean, quiet and free of hazardous or objectionable elements. Operation of these establishments should take place entirely within an enclosed structure and should generate little industrial traffic. No storage of raw materials, manufactured products, or any other materials is permitted in the non screened open space around the building. This zone is usually located adjacent to residential areas and may serve as a buffer between heavier industrial districts and business or residential districts.
      2.   INDUSTRIAL TWO ZONE - the purpose of the I 2 Zone is to encourage the establishment of heavy industry including manufacturing, production and packaging operations as well as associated storage of raw materials and finished products. This zone will generate heavy industrial traffic and should be separated from residential or business districts by means of a buffer area such as the I 1 Zone.
   B.   PERMITTED USES:
      The permitted uses for each zone are shown in the following Table. Uses listed for the two industrial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
TABLE 8
PERMITTED USES: INDUSTRIAL ZONES
(P signifies Permitted; X signifies not permitted)
TABLE 8
PERMITTED USES: INDUSTRIAL ZONES
(P signifies Permitted; X signifies not permitted)
I 1
I 2
PERMITTED USES:
P
P
1.   ANY INDUSTRIAL MANUFACTURING, PROCESSING, REFINING, FABRICATIONS, ASSEMBLING, WHOLESALING, WAREHOUSING, CLEANING, TESTING OR REPAIRING OF GOODS, MATERIALS OR PRODUCTS including the following (but excluding (1) storage, utilization or manufacture of materials intended for detonation; and, retail sales or services, business offices or discount establishments dealing directly with consumers):
X
P
   a.   Acetylene, Butane and Bottled gas; Petroleum Refining and Products including Plastics; and Related Bulk Storage Stations.
X
P
   b.   Asphalt, Brick, Cement, Concrete, Gypsum, Plaster of Paris, Sand and Gravel, Stone (including monument works employing power driven tools) Tile or Terra Cotta.
P
P
   c.   Candy and Confectionery Products; Cigars and Cigarettes; Flour Mills, Food and Beverage Products including the rendering or refining of Fats and Oils; Vinegar and Yeast.
X
P
   d.   Chemical, Paint and Fertilizer Products including Ammonia, Bleach, Bluing, Calcimine, Chlorine, Corrosive Acid or Alkali, Dyes, Lacquer, Lime, Shellac, Turpentine, and Varnish.
P
P
   e.   Cosmetic, Pharmaceuticals, and Toiletries.
P
P
   f.   Electric Appliances, Electrical and Non-Electrical Machinery, Equipment and Supplies; Fountain and Beverage Dispensing Equipment; Television Sets, Phonographs, and Household Appliances.
P
P
   g.   Furniture and Office Equipment
P
P
   h.   Musical Instruments, Toys, Novelties, Jewelry, Rubber or Metal Stamps; Instruments of Professional, Scientific, Photographic and Optical Use.
X
P
   i.   Iron, Steel, Aluminum Foundry of Forge Works and Heavyweight Casting, Rolling Mills.
X
P
   j.   Lumber mills and Storage Yards, Paper, paperboard and Pulp Mills.
X
P
   k.   Metal, Metal Finishing and Metal Products including the use of Blast Furnaces and Forges
X
P
   l.   Products from the following previously processed materials: Paper, Glass, Cellophane, Leather, Feathers, Fur, Precious or Semiprecious Metals, Hair, Horn, Shell, Tin Steel, Wood, Plastics Rubber, Bone, Cork, Felt, Fibers, Yarn, Wool, Tobacco.
X
P
   m.   Animated and/or illuminated Billboards and Other Commercial Advertising Structures.
X
X
2.   Mining.
X
P
3.   Laundries and dry cleaning Plants involving Laundering and Dry Cleaning of Articles delivered to the premises by Commercial Vehicles including Clothes, Carpets and Rugs.
P
P
4.   Bottling and Canning Works including Brewing and Distilling of Liquors.
X
P
5.   Building Materials Yards, Contractors Offices and Accessory Storage Yards including storage of General Construction Equipment and Vehicles.
X
P
6.   Bus Line Shops and Storage, Carting, Express, Hauling or Storage Yards, Freight Terminals, Trucking Terminals
X
P
7.   Forge Plants, Foundries, and Plating Plants.
P
P
8.   Governmentally owned and/or operated City, County or State garages.
P
P
9.   Industrial Engineering Consultant Offices and Laboratories, Offices and Other Facilities for Research, both Basic and Applied, conducted by or for an Industrial Organization or Concern, whether Public or Private.
P
P
10.   Publishing and distribution of books, newspapers and other Printed Materials Including Printing, Engraving, and related Reproduction processes.
X
P
11.   Processing of junk, waste, discarded or salvaged Materials, machinery or equipment, Including Automobiles wrecking or dismantling.
X
P
12.   Railroad facilities including passengers and freight terminals, marshaling yards, maintenance shops and roundhouse.
P
P
13.   Schools for industrial or business training.
X
P
14.   Coal, Coke, or Wood Yards.
C
P
15.   Recycling, Light, only within an existing non-residential structure.
I 1
I 2
PERMITTED USES:
P
P
16.   Reprocessing, refurbishing and repair of automotive and truck parts and accessories, including the retreading of tires in a completely enclosed facility. Retail sales of new and/or refurbished Automotive and truck parts, accessories and tires is permitted as an accessory use as is the related servicing of vehicles on site in the enclosed facility.
X
P
17.   Adult Entertainment.
C
X
18.   Commercial Event Center.
 
   C.   ACCESSORY USES:
      1.   The following accessory uses are permitted in all industrial zones:
         a.   Customary accessory buildings and uses including operations required to maintain or support any use permitted in this district on the same lot as the permitted use, such as maintenance shops, power plants, and machine shops.
         b.   Fences and walls as regulated by Article XII of this Ordinance.
         c.   Signs as regulated by Article XV of this Ordinance.
         d.   Uses as listed below, included within and entered from within any use permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
            (1)   Cafeterias
            (2)   Coffee shops or refreshment stands
            (3)   Soda or dairy bars.
   D.   AREA AND HEIGHT REQUIREMENTS: Industrial Zones shall be subject to the area and height requirements as shown in the following table:
 
TABLE 9
AREA AND HEIGHT REQUIREMENTS: INDUSTRIAL ZONES
Min. Lot Area
Min. Lot Width
Min. Front Yard Depth
Min. Side Yard Depth
Min. Rear Yard Depth
Max Bldg. Height
SQF
LF
LF
LF
LF
LF
DISTRICTS:
I-1
17,000
125
25
15
20
35
I-2
17,000
125
25
15
20
40
 
   E.   OTHER DEVELOPMENT CONTROLS:
      1.   All Industrial Zones shall be governed by the following additional development controls:
         a.   Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
         b.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right of way or into any adjacent property.
         c.   Where any yard of any permitted use in industrial zones abuts property in a residential zone, a minimum yard requirement of seventy five (75) feet for each side and/or rear yard, which abuts, said zone shall be provided, and screened in accordance with the requirements of Section 9.16.
         d.   A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
         e.   Any adult entertainment establishment must be screened by shrubs and wrought iron fencing. Adjoining any I-1 zone shall require a 10-foot buffer and screen.
         f.    Any adult entertainment establishment shall be limited to one building mounted sign (interior Illuminated) at a 1:1 square foot ratio to building frontage. This sign is to not exceed the roofline of the building.
         g.   Any light recycling use must meet the following performance criteria:
            (1)   All operation and storage must be completely enclosed inside a primary building.
            (2)   No on-street parking or staging areas permitted.
            (3)   Any light recycling use may not be permitted directly adjacent to a residential use.
            (4)   Any parking or staging areas must be screened from view along any abutting arterial or collector roadways. Screening shall meet the requirements of Section 9.16 (C)(1) and (D)(1) through (5).
(Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2021-001, passed 2-22-2021)
SECTION 10.5 MONUMENT CENTER ZONE (MC)
District Defined:
The Monument Center Zone (MC) is created to allow a mixture of uses that capitalize on the uniqueness of the Millennium Monument. Uses within this zone are to be compatible with the primary function of the monument as a tourist attraction. This zone will allow for a variety of commercial, educational, restaurant and business uses.
Permitted Uses:
   Restaurant
   Retail Sales
   Theater
   Exhibition/Educational Center
   Business Office
   Entertainment/Indoor Commercial Amusement
   Radio/TV transmission station
   Commercial Parking Lots
   Accessory Uses:
   Customary accessory buildings and uses.
   Fences and walls as regulated by Article XII of the Zoning Ordinance.
   Signs as regulated by Article XV of the Zoning Ordinance.
Area and Height Requirements:
   All area and height requirements are subject to Development Plan approval as regulated by Section 9.19 in the Zoning Ordinance.
Other Development Controls:
   a.   Off-street parking and loading shall be provided in accordance with Articles XIII and XIV of the Zoning Ordinance.
   b.   No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
   c.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.
(Am. Ord. O-2016-024, passed 12-12-2016)
ARTICLE XI
PERFORMANCE STANDARDS FOR INDUSTRIAL ZONES
SECTION 11.0 APPLICATION OF PERFORMANCE STANDARDS:
After the effective date of this Ordinance any use established or changed to, and any building, structure or tract of land developed, constructed or used for, any permitted or permissible principal or accessory use in the I 1 or I 2 zones shall comply with all of the performance standards herein set forth in the district involved. If any existing use of any building or other structure is extended, enlarged, or reconstructed, the performance standards for the district involved shall apply with respect to such extended, enlarged or reconstructed portion or portions of such use of any building or other structure.
SECTION 11.1 EFFECTS OF CONCURRENT OPERATIONS:
The sum total of the effects of concurrent operations on two or more lots should not be greater or more offensive to the senses than the standards contained herein. Compliance with the provision of these performance standards by single or mutual changes in operational levels, scheduling of operations, and other adjustments is permitted.
   A.   BUILDING ENCLOSURES: Every use permitted in the I 1 Industrial District shall be operated in its entirety within a completely enclosed building. In the I 2 Industrial District, permitted uses shall be operated either within a completely enclosed building or within an area enclosed on all sides by a solid noncombustible fence or wall, as regulated by Article XII of this Ordinance; provided further, that no goods, material or objects shall be stacked higher than the fence or wall.
   B.   LANDSCAPING: In the I 1 or I 2 Districts, all required yards shall either be open landscaped and grassed areas to be left in a natural state if acceptable to the Planning and Zoning Commission. If said area is to be landscaped, it shall be landscaped attractively with lawn, trees, shrubs, etc. according to the initial submitted plans which were first approved of for the development of such tract as a permitted use.
      In areas to be used for off street parking, the parking arrangement and surfacing must likewise have been approved of for the development of such tract as permitted use. Any landscaped areas shall be properly maintained thereafter in a slightly and well kept condition. Parking areas shall likewise be maintained in good condition. Any areas left in a natural state shall be properly maintained in a well-kept condition.
   C.   NOISE: For the purpose of measuring the intensity and frequencies of a sound, a sound level meter and an octave band analyzer shall be employed that conforms to specifications published by the American Standards Association (American Standard South Level Meter for Measurement of Noise and other Sounds Z24.3 1944, and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10 1953, American Standards Association, Inc., New York, New York, or the latest edition of such standards, shall be used.) In the enforcement of the regulation, noises produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel level. In the I 1 District the sound pressure of noise radiated from any activity shall not exceed the value given in Table 10 of this section, in any octave band frequency at any point on or beyond any lot line.
      In the I 1 District the sound pressure of noise radiated from any activity shall not exceed the values given in Table 11 of this section in any octave band frequency at any point on or beyond any lot line. If the I 1 District adjoins a residential district the maximum sound pressure level at any point on the district boundary shall be reduced by six (6) decibels from the maximum listed in Table 10.
      In the I 2 District the sound pressure of noise radiated from any activity shall not exceed the value given in Table 11 of this section in any octave band frequency at any point on or beyond the nearest district boundary. If an I 2 District adjoins a residential district, the maximum sound pressure level starting point at the district boundary shall be reduced by six (6) decibels from the maximum listed in Table 11 of this section.
      In the I 1, and I 2 Districts industrial noise shall be muffled so as not to become objectionable due to intermittence, beat, frequency, or shrillness.
   D.   ODOROUS MATTER: No emission of odorous matter shall be allowed in excess of ambient air quality standards as set forth by regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.
TABLE 10
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVEL AT SPECIFIED POINTS OF MEASUREMENT FOR NOISE RADIATED CONTINUOUSLY FROM A FACILITY
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
TABLE 10
MAXIMUM PERMISSIBLE SOUND PRESSURE LEVEL AT SPECIFIED POINTS OF MEASUREMENT FOR NOISE RADIATED CONTINUOUSLY FROM A FACILITY
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
20
75
69
 
75
150
54
 
150
300
47
 
300
600
41
 
600
1,200
37
 
1,200
2,400
34
 
2,400
4,800
31
 
4,800
10,000
28
 
10,000
20,000
26)
To avoid possible interference with animal experiments
20,000
30,000
25)
30,000
40,000
24)
 
40,000
50,000
23)
 
 
 
 
 
*   According to the following formula Sound Pressure Level in Decibels equals 10 Log where P2 equals 0.002 dynes/cm2   [P1 ¸ P2]
TABLE 11
MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
TABLE 11
MAXIMUM PERMITTED SOUND PRESSURE LEVEL IN DECIBELS
OCTAVE BAND
(CYCLES PER SECOND)
SOUND PRESSURE LEVEL
(DECIBEL*)
20
75
69
 
75
150
54
 
150
300
47
 
300
600
41
 
600
1,200
37
 
1,200
2,400
34
 
2,400
4,800
31
 
4,800
10,000
28
 
10,000
20,000
26)
To avoid possible interference with animal experiments
20,000
30,000
25)
30,000
40,000
24)
 
40,000
50,000
23)
 
 
 
 
 
*   According to the following formula Sound Pressure Level in Decibels equals 10 Log where P2 equals 0.0002 dynes/cm2   [P1 ¸ P2]
   E.   HUMIDITY, HEAT, OR GLARE: In the I 1 district, any activity producing humidity, in the form of steam or moist air or producing heat or glare, shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at any lot line. In the I 2 district, any activity producing heat or glare shall be carried on in such a manner that the steam, humidity, heat, or glare is not perceptible at or beyond any residential or commercial district boundary. Detailed plans for the elimination of humidity, heat, or glare may be required before the issuance of a building permit.
   F.   EXTERIOR LIGHTING: Any lights used for exterior illumination, except for overhead street lighting and warning, or traffic signals shall direct light away from the adjoining zones in the I 1 and I 2 districts.
   G.   VIBRATION: Vibrations shall be measured at the lot line in the I 1 districts and at the nearest district boundary in the I 2 district. No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any one hour. Vibration shall not produce, at any time, an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau of Mines Bulletin, No. 442, "Seismic Efforts of Quarry Blasting", on any structure. The methods and equations of said Bulletin No. 442, or any subsequent revision or amendment thereto, shall be used to compute all values for the enforcement of these provisions. Detailed plans for the elimination of vibrations may be required before the issuance of any building permit.
   H.   EMISSIONS AND OPEN BURNING: No emission of particulate matter, sulfur compound, carbon monoxide, hydrocarbon, nitrogen oxide, and open burning shall be allowed in excess of regulations adopted by the Kentucky Department for Natural Resources and Environmental Protection, Division of Air Pollution, Cincinnati Air Quality Region.
   I.   RADIATION: In the I 1, and I 2 zones, all sources of ionizing radiation shall be registered or licensed by the Kentucky State Department of Health and operated in accordance with their regulations.
   J.   ELECTRICAL RADIATION: In the I 1, and I 2 zones, any electrical radiation shall not adversely effect, at any point on or beyond the lot line, any operation or equipment other than those of the creation of the radiation. Avoidance of adverse effects from electrical radiation by appropriate single or mutual scheduling or operations is permitted.
   K.   STORAGE: In the I 1 zone no material, products, or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon. In the I 2 zone, storage of materials, supplies, and products on the property outside the building constructed thereon is permitted at the rear of the property providing that the storage of materials, supplies, and products are within an area enclosed on all sides by a solid noncombustible fence or wall at least six (6) feet in height; provided further that no goods, materials, or objects shall be stacked higher than the fence or wall.
   L.   FIRE AND EXPLOSIVE HAZARDS: In the I 2 district only storage, utilization, or manufacture of solid materials or products including free burning and intense burning is permitted providing that said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible walls and protected throughout by an automatic fire extinguishing system. In the I 2 district only, the storage, utilization, or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases shall be permitted, provided that storage, handling, and use shall be in accordance with Standards of American Insurance Association for Storage, Handling, and Use of Flammable Liquids, "American Insurance Association" Pamphlet No. 30, June, 1959 or any subsequent revision or amendment thereto.
   M.   WASTE: Within the I 1 and I 2 districts, no waste material or refuse shall be dumped upon or permitted to remain upon any part of the part of the property outside of the buildings constructed thereon. All sewage and industrial waste shall be treated and disposed of in such manner so as to comply with the standards of the appropriate authority. All plans for waste disposal facilities shall be required before the issuance of any building permit.
ARTICLE XII
FENCES, WALLS, AND OBSTRUCTIONS TO VIEW REGULATIONS
SECTION 12.0 VISION CLEARANCE AT CORNERS AND RAILROAD CROSSINGS:
   No fence, wall, hedge, or other structure or other obstruction above a height of thirty six (36) inches as measured above the curb level shall be erected, placed, maintained or continued in any zone within that triangular portion of a corner lot formed by measuring ten (10) feet from the intersection of the rights of way line or two (2) streets or fifty (50) feet of the right of way line of a street intersection with a railroad right of way line and joining these points with a straight line; except in the CBD zone which shall be controlled by the minimum setback requirements. No type of tree or planting or other obstruction shall be planted, placed, maintained or continued in such a manner which would obstruct the vision clearance at corners and railroad crossings.
SECTION 12.1 CLASSIFICATION OF FENCES AND WALLS:
   The following shall be the classification of fences and walls for this Ordinance:
      1.   Masonry walls
      2.   Ornamental iron (eighty percent (80%) open).
      3.   Woven wire (eighty percent (80%) open).
      4.   Wood or other materials (more than fifty percent (50%) open).
      5.   Solid fences wood or other materials (less than fifty percent (50%) open).
      6.   Hedges
      7.   Barbed wire or sharp, pointed fences.
      8.   Earthen or concrete walls intended to contain or redirect flooding waters.
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