General regulations apply to all districts. Where requirements of a general regulation and district regulation differ, the more restrictive requirement shall prevail.

   Notwithstanding other provisions of this ordinance, no lot, in any zone, may be reduced in area below the minimum lot area as specified herein for the zone within which said lot is located, except where such reduction has been brought about by the expansion or acquiring of right-of-way for a street. If, however, by some means (e.g., misinterpretation of law, erroneous lot descriptions and the like), the lot area is reduced below the minimum required lot area as specified herein for the zone, all of the uses and structures contained on the remaining portion of the area shall be subject to compliance with all provisions of this ordinance. In the event that the uses and structures cannot comply in such circumstances, the property owner shall seek relief from the Board of Adjustment as provided for in § 15.6 of this ordinance.

   Notwithstanding other provisions of this ordinance, in any zone, no sign, structure, tree, planting or vegetation or any portion thereof shall protrude over or into any street, road or highway so as to create confusion around, or otherwise interfere with, traffic signals of any kind.

   Notwithstanding any part of this ordinance or any permit granted, or any variance granted by the Board of Adjustment; no type of structure, vehicle, tree, planting, vegetation, sign or fence or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance at corners, curb cuts or railroad crossings in any zone.

   On lots having frontage on more than one street, in any zone, the minimum front yard depth shall be provided for each street, road or highway in accordance with the provisions of this ordinance.

   (A)   Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply and other similar utility uses may be located in any zone subject to the approval of the Board of Adjustment, as set forth in § 3.15 of this ordinance.

   (B)   The location of such facilities shall be in accordance with state law, and all other pertinent regulations, and the following requirements shall be complied with.

      (1)   Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system of which the above element is a part.

      (2)   A building or structure, except an enclosing fence, shall be set back at least 50 feet from any property line.

      (3)   Such facilities shall be enclosed by a protective fence as regulated by Article 8 of this ordinance.

      (4)   Open spaces on the premises shall be suitably landscaped and maintained and a screening area according to § 3.18 of this ordinance may be required in and along any yard.

      (5)   The storage of vehicles and equipment on the premises, unless enclosed or screened, shall be prohibited.

      (6)   The surrounding area shall not be adversely affected by, and shall be protected from noise, odor, glare, dust, gas, smoke and vibration by such suitable means and conditions as the Board of Adjustment may specify.

   Railroad right-of-way, exclusive of such uses as marshaling yards, spur lines, passenger and freight terminals, maintenance shops, fueling facilities and round houses, may be located in any zone of this ordinance; providing, said railroad right-of-way meet the requirements of those sections of state statue which regulates such uses.

   (A)   No use, building or structure shall be conducted or constructed in such a way to cause hazard to the occupants or users of any facility or to other wise create hazards or degradation of the natural environment in areas of steep slopes and susceptibility to erosion. On no property shall anyone strip vegetation, grade land or erect a building or a structure for other than agricultural purposes.

   (B)   On no property shall anyone, an entity or a governmental entity strip, excavate, fill or otherwise move soil, trees or other vegetation for sale, or any other purpose, except for minor changes such as the filling of small pockets in lots, removal of vegetation which is diseased or endangering the public safety, flower beds and other similar operations, in any zone set forth in this ordinance without first ensuring that all requirements of Article 10 of this ordinance and the subdivision regulations of the city, if applicable, have been fulfilled and then obtaining a permit from the Building Inspector for such stripping, excavation, filling or other means of soil movement including wholesale removal of trees and other vegetation.

   (C)   The developer for a proposed development shall be required to submit to the Planning Commission a detailed plan for erosion and/or sedimentation control. The plan shall contain proposed methods for slope stabilization, erosion control and water pollution abatement and shall be reviewed by the Planning Commission. The Commission shall require that such a plan or part thereof be submitted with or prior thereto the site plan.

      (1)   No site plan may be approved where the site has been graded, stripped, excavated, de-vegetated or otherwise disturbed so that slipping, erosion and/or water pollution has or may reasonably be expected to occur until such conditions are corrected to the satisfaction of the Building Inspector.

      (2)   The current “Soil Survey of Boone, Campbell and Kenton Counties, Kentucky”, issued by the United States Department of Agriculture, Soil Conservation Service, in cooperation with the Kentucky Agricultural Experimental Station, is hereby made a part of these regulations and will be used for informational and reference purposes.

      (3)   The Building Inspector may issue the required permit only after being informed by letter from the City Engineer that the resulting change of grade or removal of trees and other vegetation in the affected area will not be against the best interests of the local area. The provisions of this section shall not be construed to prohibit normal excavation or grading incidental to the construction or alteration of a building on the premises for which a building permit has been granted as required otherwise in this ordinance, but shall include all road cuts thereto.

      (4)   Until street, sewers, utilities and appurtenances thereto, and other public improvements are 100% complete and 51% of the lots in a subdivision have been sold, the subdivider shall take such measures as are necessary to prevent erosion of graded surfaces, and to prevent the deposit of soil and debris from graded surfaces onto public streets, into drainage channels or sewers or onto adjoining land.

      (5)   Failure to comply with regulations of this section shall result in a written and/or oral notification by the Building Inspector to the subdivider. The subdivider shall then be responsible for the clean up of all ground occupied or affected by non-compliance, as distinguished by the Building Inspector, within 24 hours or be subject to a fine and/or the costs incurred for clean up by the city.

      (6)   Commonly accepted good practice for erosion and sediment control include, but are not limited to, the following:

         (a)   All slopes and graded areas are to be seeded as soon as practical after the grading operation has been completed and/or building development has been finished;

         (b)   The smallest practical area of land should be exposed at any one time during development, consistent with the developer’s capability to complete restoration work;

         (c)   Where necessary, temporary vegetation and/or mulching shall be used to protect critical areas exposed during development and areas that cannot be restored to final condition;

         (d)   Sediment basins (debris basins or silt traps) shall be installed and maintained until ground cover has been completed to remove sediment from runoff waters from land undergoing development;

         (e)   On-site provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Drainage swales, silt checks, temporary retention dams and the like are to be used during the grading operation;

         (f)   Permanent final vegetation and structures shall be installed as soon as practical in the development and/or according to development schedule;

         (g)   The site plan shall be compatible with the topography and soils so as to create the least erosion potential;

         (h)   Wherever feasible, natural vegetation shall be retained and protected; and

         (i)   Maintain existing drainage in the pre-development condition and allow storm water drainage from areas upstream to flow around or through the development by protected channels or pipes.

      (7)   The owner of lots, and any builder of homes thereon, are to adhere to the requirements of this section relating to erosion and sedimentation control.

   No rubbish, salvage materials, junk or miscellaneous refuse shall be openly stored or kept in the open and weeds shall not be allowed to go uncut within any zones when the same may be construed to be a menace to the public health and safety by the appropriate health department, or have a depressing influence upon property values in the neighborhood, in the opinion of the Zoning Administrator. Grass and weeds above eight inches in height shall be considered a nuisance under this regulation. In no case shall the use of inoperable vehicles, buses, mobile homes, trailers and the like constitute enclosure of refuse materials, as defined in Article 2 of this ordinance. All exterior dumpsters and garbage or rubbish containers shall be screened by an opaque fence, landscaping, earthen berm or other suitable opaque enclosure. The average height of the enclosure shall be two feet more than the height of the container, but shall not be required to exceed eight feet in height.

   In consideration of the environmental consequences and potential impacts upon adjacent properties, automotive wrecking, salvage and junkyards shall only be permitted as a conditional use (in districts as specified in this ordinance) and where authorization is obtained (when appropriate) from the Kentucky Transportation Cabinet, Department of Highways, in accordance with KRS 177.905 to 177.950. Any salvage materials in open storage or junkyards existing at the time of adoption of this ordinance shall comply fully with these regulations. Failure to do so will constitute a violation punishable as prescribed by this ordinance. Any permitted automobile wrecking, salvage or junkyard operation shall adhere to the following guidelines.

   (A)   No person shall operate any junkyard which is situated closer than 2,000 feet from the centerline of any county, state, federal or limited access highway or turnpike, including bridges and bridge approaches unless a permit for such operation shall have been obtained from the Kentucky Transportation Cabinet, Department of Highways, in accordance with KRS 177.905 to 177.950. In addition, such uses shall not be located any closer than 2,000 feet to any residential use, church, school, historic structure or district or public park.

   (B)   All salvage materials and activities involving the same other than loading and unloading shall be within fully-enclosed buildings. Enclosed buildings must be permanent structures specifically constructed for the purpose of storage. In no case shall salvage materials be stored in inoperable automobiles, buses, mobile homes, trailers, truck or rail freight cars or containers or dilapidated structures. No rubbish, junk, salvage or miscellaneous material, because it is discarded and incapable of being re-used in some form, shall be placed in open storage.

   (C)   The surrounding area shall not be adversely affected by, and shall be protected from, noise, odor, glare, dust, gas, smoke and vibration.

   (D)   All salvage materials and junkyards shall be adequately enclosed with screening structures, a solid fence or wall, as regulated by Article 8 of this ordinance and an approved permanent planting screen may be required as regulated in § 3.18 and Article 10 of this ordinance. All exterior dumpsters and garbage or rubbish containers shall be screened by an opaque fence, landscaping, earthen berm or other suitable opaque enclosure. The average height of the enclosure shall be two feet more than the height of the container, but shall not be required to exceed eight feet in height.

      (1)   Installed screening shall completely hide all junked, wrecked or inoperable vehicles, machinery and materials from the view of the traveling public on all roads and neighboring properties.

      (2)   Materials for screening shall present an attractive appearance. No wrinkled or bent metal will be accepted.

      (3)   Piecing out of metal or wood panels or patchwork type screening will not be acceptable.

      (4)   Unless a continuous overall neat design is created, all metal and wood panels must be erected vertically.

      (5)   Fencing/screening shall be uniform in height and alignment while blending with the surrounding area as much as possible.

      (6)   A buffer yard which is suitably landscaped and maintained shall be required.

   (A)   The sale of automobiles at a place of residence shall be restricted to no more than one licensed and fully-operational vehicle at a time by the occupant of the dwelling or dwelling unit.

   (B)   In no case shall vehicles not owned by the occupant of the residence be sold on any residential property.

   (A)   Except as hereinafter provided, no public or private structure, except the service facilities of public utilities operating under the jurisdiction of the Public Service Commission, except as specified in KRS 100.987, or the Department of Vehicle Regulation or Federal Energy Regulatory Commission, any municipally-owned electrical system, and common carries by rail (KRS 100.324), shall be erected, reconstructed or structurally altered, nor shall any public or private land, except the service facilities specified in KRS 100.324 be used for any purpose other than that permitted in the zone in which such structures or land is to be located or is located. All of the required lot area shall be in one zone.

   (B)   Except as hereinafter provided, no public or private structures, except the service facilities specified in KRS 100.324, shall be erected, reconstructed or structurally altered to exceed the height of bulk limit herein established for the zone in which such structure is to be located or is located.

   (C)   Except as hereinafter provided, no lot areas shall hereafter be so reduced or diminished that the yards or other open spaces shall be smaller than described by this ordinance and no building shall be occupied by more families than prescribed for such building, structure or premises for the zone in which it is located.

   (D)   Except as herein provided, no part of any yard, or other open space, or off-street parking or loading and/or unloading space about or in connection with any building, structure or use permitted by this ordinance shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure or use.

   (E)   Every public or private building or other structure hereafter erected shall be located on a lot, as herein defined, and in no case shall there be more than one principal building and permitted accessory structures on one lot, except as hereinafter provided, nor shall any building be erected on any lot which does not abut at least 25 feet on a deeded and accepted public right-of-way.

   (F)   Except as herein provided, the following shall not be considered to be obstructions when located in the required minimum yards or courts specified:

      (1)   In all minimum required yards or courts: awnings and canopies; driveways, providing, they are not closer than two feet to the property line to which they run approximately parallel; except that, a common driveway may be permitted where adjoining property owners agree to such an arrangement; steps four feet or less above grade projecting not more than four feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes and chimneys projecting not more than 18 inches into the minimum required yards; arbors and trellises; flag poles; bird baths; trees; plants; shrubs; ornaments; utility poles and wires; and outdoor furniture; fences and walls, subject to the requirements in Article 8 of this ordinance; and off-street parking as provided for in Article 6 of this ordinance;

      (2)   In minimum front yard depths: bay windows projecting three feet or less into the minimum required yard; overhanging eaves and gutters projecting not more than three feet into the minimum required front yard; air conditioning equipment; and awnings and canopies extending not more than four feet into the minimum required front yard;

      (3)   In minimum rear yard depths: bay windows, overhanging eaves, and gutters, and air conditioning equipment projecting not more than three feet into the minimum required rear yard; awnings and canopies; provided, they are not more than ten feet into the minimum required rear yards; and

      (4)   In minimum side yard width: air conditioning equipment, excluding compressor for central air conditioning unit; and overhanging eaves and gutters, awning and canopies projecting not more than 18 inches into the minimum required side yard; awnings and canopies; providing that, they extend not more than two feet into the minimum required side yard.

   (G)   Awnings shall be supported without posts by an iron bracket, or by an iron framework attached firmly to the building. The frames and supports for all such awnings shall be securely attached to the walls of the building upon which such awning shall be placed, and no such awning shall project more than ten feet beyond the building lines. The lowermost point of the frame of such awning shall not be less than eight feet above the sidewalk and the lowest part of the curtain scallop or valance shall be at least seven feet above the sidewalk when in use. The bracket or other device, frames and supports for the purpose used in the method of attaching same to the building shall be such as to clear the heads of pedestrians at the building line. The sidewalk and walkway must be left wholly unobstructed to ensure the safety of pedestrians and shall be subject to the approval of the Zoning Administrator.

   Occupations of personal services, professional office or studios which are maintained or conducted solely within a dwelling will be permitted only if they meet all of the following requirements herein:

   (A)   The use is clearly incidental to the principal residential use;

   (B)   The use is conducted entirely within a dwelling and not in any accessory buildings. Not more than 25% of the gross floor area of only one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of the home occupation;

   (C)   Only members of the household residing on the premises may be the primary owners/operators of such operation; in addition, no more than one person, other than members of the household residing on the premises, shall be engaged in such operations;

   (D)   No commodity shall be sold on the premises in connection with such home occupation;

   (E)   There shall be no change in the exterior appearance of the building or premises, to evidence that such property is used for a non-residential use;

   (F)   No traffic shall be generated by such home occupation in greater volumes than would be expected in the residential neighborhood;

   (G)   No home occupation shall result in exterior evidence of such use being conducted by reason of atmospheric pollution, light flashes, glare, odors, noise or vibration discernible from abutting properties. In the case of electrical interference, no equipment or process which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises, shall be used; and

   (H)   Any home occupation conducted under this section shall not be a nuisance to any abutting properties or to the general neighborhood. In no case shall there be outdoor storage of any material related to the home occupation.

   (A)   Non-conforming lots of record.

      (1)   Any lot of record which does not meet the requirements of this ordinance shall be considered a non-conforming lot of record.

      (2)   If two or more lots with continuous frontage are in single ownership and are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width or area as established by this ordinance, the non-conforming lots of record may be developed; provided, the lot is located on an existing and improved public street; a minimum of 51% of the lots located on the same side of the street within the same block front are developed; and the development proposed on the lot is in conformance with all other requirements of this ordinance. Where a minimum of 51% of the lots located on the same side of the street within the same block front are not developed, the lands involved shall be considered to be an undivided parcel for purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet the lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.

      (3)   Where a single non-conforming lot of record exists having a lot area less than required by the particular zone wherein said lot is located, development may be permitted on the lot; provided, the lot is located on an existing and improved public street; the lot is of separate ownership from all adjacent and contiguous parcels; the adjacent and contiguous parcels exist as developed building lots or dedicated street right-of-way precluding acquisition of additional are to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this ordinance. Where a dimensional variance from any minimum yard, setback and the like is necessary to develop on said lot, an application for dimensional variance shall be submitted for review and approval by the Board of Adjustment in accordance with Article 15 of this ordinance.

   (B)   Non-conforming uses.

      (1)   Continuance. Except as herein provided, the lawful use of any structure or land existing at the time of the adoption of this ordinance may be continued although such use does not conform to the provisions of this ordinance; however, it shall become a legal non-conforming use. However, no non-conforming use or structure may be enlarged or extended beyond its area of use at the time it becomes a legal non-conforming use, unless and until the use at the time it becomes a legal non- conforming use, unless and until the use is brought into conformance with all provisions of this ordinance.

      (2)   Change from one non-conforming use to another. As regulated by Article 15, § 15.6(D), of this ordinance.

      (3)   Termination. In all cases, the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 15.2 of this ordinance. Following their hearing, the Board may terminate the right to operate a non-conforming use based on any of the following conditions and, if the decision is to do so, the Board shall state its bases, in writing, for such determination:

         (a)   Changing to a conforming use;

         (b)   Abandonment. “Abandonment” shall be deemed to have occurred when the non-conforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least 12 consecutive calendar months;

         (c)   Non-operative or non-use for a period of 12 or more consecutive calendar months;

         (d)   Whenever the structure, in which the non-conforming use is operated, is damaged in any manner whatsoever and the cost of repairing such damage exceeds 50% of the market value of such structure in which the non-conforming use is operated and a determination is made by the Board of Adjustment that this structure should not be reconstructed;

         (e)   Whenever the structure, in which the non-conforming use is operated, becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of such structure as of the date of the official order under the applicable ordinance;

         (f)   Whenever said non-conforming use becomes illegal, a nuisance or a hazard to the public’s health, safety or general welfare; and

         (g)   Whenever said non-conforming use becomes the property of the city, the commonwealth or any other governmental entity.

   (C)   Non-conforming structures.

      (1)   Continuance. Except as herein provided, any public or private non-conforming structure existing at the time of adoption of this ordinance may be occupied, operated and maintained in a state of good repair, but no non-conforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this ordinance.

      (2)   Termination. Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private non-conforming structure:

         (a)   Changing to a conforming use;

         (b)   Abandonment. “Abandonment” shall be deemed to have occurred when the non-conforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of at least 12 consecutive calendar months;

         (c)   Whenever the non-conforming structure is damaged in any manner whatsoever the cost of repairing such damage exceeds 50% of the market value of such structure in which the non-conforming use is operated and a determination is made by the Board of Adjustment that this structure should not be reconstructed;

         (d)   Whenever the non-conforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds 50% of the market value of such structure as of the date of the official order under the applicable ordinance;

         (e)   Whenever said non-conforming structure becomes a nuisance, or a hazard to the public’s health, safety or general welfare; and

         (f)   Whenever the city, commonwealth or any other governmental entity acquires title to said non-conforming structure or the land upon which it is located.

      (3)   Zone change. The foregoing provisions shall apply to structures which become legally non-conforming due to zone changes which take place thereafter.

   (D)   Repairs and maintenance. On any building devoted in whole or in part to any non- conforming use, work may be done on ordinary repair or replacement of non-bearing walls, fixtures, wiring or plumbing; provided that, the cubic content of the building, as it existed at the time of passage or amendment of this ordinance which rendered it non-conforming, shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure or part thereof declared to be unsafe by any official charged with protecting the public safety, except for the conditions as stated in divisions (B)(3) or (C)(2) above.

   (E)   Non-conforming signs.

      (1)   Continuance. Except as herein provided, any lawful non-conforming sign existing at the time of adoption of this ordinance, may be continued; provided, however, that, no such sign shall be changed in any manner unless it is changed in compliance with all provisions of this ordinance.

      (2)   Termination. In all cases, the Board of Adjustment shall hold a public hearing in accordance with the applicable requirements of § 15.2 of this ordinance. Following that hearing, the Board may terminate the right to operate a non-conforming sign based on any of the following conditions and, if the decision is to do so, the Board shall state its bases in writing, for such determination.

         (a)   Not meeting the time compliance requirement for sign regulations, as regulated in Article 9 of this ordinance.

         (b)   Non-use or abandonment of said non-conforming sign for a period of 12 consecutive months.

      (3)   Zone change. The foregoing provisions shall also apply to signs which become legally non-conforming due to zone changes which take place thereafter.

   (A)   Exceptions to height limits. The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smoke stacks, radio and television towers, conveyers, flag poles, masts and aerials, penthouses, scenery lofts, standpipes, parapet walls, outdoor theater screens, other related structures and necessary mechanical appurtenances and the like; provided, their construction is in accordance with existing or hereafter adopted ordinances of the city and is acceptable to the Federal Aviation Agency (FAA) and the Federal Communication Commission (FCC).

   (B)   Front yard variance.

      (1)   Where the average depth of existing front yards within 300 feet of the lot in question and within the same block front is greater than the minimum front yard depth required by this ordinance, the required minimum front yard depth on such lot shall be modified to be the average depth of said existing front yards, except where such provision would deny the property owner a reasonable use of his or her property.

      (2)   In any residential zone, no front yards shall be required to exceed the average depth of existing front yards on lots abutting on each side of the street, or the average depth of existing front yards on the same side of the street within the same block and within 200 feet when 51% or more of said lots are improved with residential buildings, whichever is greater; provided that, in no case shall a front yard depth be less than 12 feet.

   (C)   Exception to area and yard regulations.

      (1)   Where existing or proposed development within any multi-family (R-2 and R-3) and commercial (e.g., NSC, PF, HC and PO) zone is to be subdivided, the minimum area and yard requirements may be less than required by this ordinance; provided that:

         (a)   The maximum density of the zone for new development is not exceeded and/or the minimum site for the total development must not be less than that required by the respective zone. In the case of existing development, the existing density may not be increased unless the permitted density of the zone is greater than that of the existing development;

         (b)   A community association or other responsible entity is established prior to the approval by the Planning Commission of any subdivision of land. The “association” shall be obligated and empowered to own, operate and maintain all common areas (as specifically identified on the submitted site plan required by division (C)(1)(c) below), including such items as open space, recreational facilities, access drives, parking areas, pedestrian walkways and the like and all facilities constructed thereon.

         (c)   A site plan, as regulated by the applicable requirements of § 3.21 of this ordinance, including the proposed area and yard requirements for the development, is submitted for review and approval by the Planning Commission.

      (2)   In addition, the Planning Commission may waive the requirement that all lots abut a minimum frontage along a dedicated right-of-way provided that those lots that do not abut a dedicated right-of-way are assured an unencumbered and maintained accessway by the association to a dedicated right-of-way in accordance with division (C)(1)(b) above.

   (D)   Request for variances for subdivisions. An applicant for approval of a subdivision plat may elect to have the Planning Commission hear any requests for variances proposed in the development. The request for the Planning Commission to consider the variance and the application for the variance shall be submitted at the time of filing the preliminary subdivision plat. In such cases, the Planning Commission is hereby empowered to hear and finally decide applications for variances pursuant to KRS 100.281(6). The Planning Commission in such circumstances shall assume all powers and duties otherwise exercised by the Board of Adjustment, pursuant to KRS 100.281(7) and Article 15 of this ordinance. The application for a variance shall be considered at the same public hearing set for the subdivision.

   (A)   Determination. Subject to the requirements of § 15.7, the Board of Adjustment may authorize a conditional use to be located within any zone in which the particular conditional use is permitted by the use regulations of this ordinance, if the evidence presented by the applicant is such as to establish by clear and convincing evidence:

      (1)   The proposed building and use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;

      (2)   Such building and use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and

      (3)   The proposed building and use will comply with any regulations and conditions specified in this ordinance for such building and use.

   (B)   Conditional use permits. In accordance with KRS 100.237, the Board of Adjustment shall have the power to hear and decide applications for conditional use permits to allow the proper integration into the community of uses which are specifically named herein which may be suitable only in specific locations in the zone only if certain conditions are met.

      (1)   The Board of Adjustment may approve, modify or deny any application for a conditional use permit. If it approves such permit, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be initiated, or conditions of a continuing nature. Any such conditions shall be recorded in the Board of Adjustment’s minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. In addition, said conditional use permit shall be recorded in the office of the County Clerk and one copy of said permit attached to the deed for the property for which it is issued. The Board of Adjustment shall have the power to revoke conditional use permits, or variances for non-compliance with the condition thereof. Furthermore, the Board of Adjustment shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.

      (2)   Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this ordinance, the Building Code, Housing Code and other regulations of the city.

      (3)   In any case where a conditional use permit has not been exercised within the time limit set by the Board of Adjustment or within 12 consecutive calendar months from date of issuance, such conditional use permit shall not revert to its original designation unless there has been a public hearing. EXERCISED, as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement has been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development or completed. When construction is not a part of the use, EXERCISED shall mean that the use is in operation in compliance with the conditions as set forth in the permit.

      (4)   (a)   The Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permit.

         (b)   If the landowner is not complying with all of the conditions listed on the conditional use permit, the Zoning Administrator shall report the fact in writing to the Chairperson of the Board of Adjustment. The report shall state specifically the manner in which the landowner is not complying with the conditions on the conditional use permit, and a copy of the report shall be furnished to the landowner at the same time that it is furnished to the Chairperson of the Board of Adjustment.

         (c)   The Board of Adjustment shall hold a hearing on the report within a reasonable period of time, and notice of the time and place of the hearing shall be furnished to the landowner at least one week prior to the hearing. If the Board of Adjustment finds that the facts alleged in the report of the Zoning Administrator are true and that the landowner has taken no steps to comply with them between the date of the report and the date of the hearing, the Board of Adjustment may authorize the Zoning Administrator to revoke the conditional use permit and take the necessary legal action to cause the termination of the activity on the land which the conditional use permit authorizes.

      (5)   Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of copy of the conditional use permit which is on file with the County Clerk, as required in KRS 100.237. Thereafter, said use, if it continues to meet the other requirements of this ordinance, will be treated as a permitted use.

      (6)   (a)   When an application is made for a conditional use permit for land located within or abutting any residential zoning district, written notice shall be given at least 14 days in advance of the public hearing on the application to the applicant, and owners of every parcel of property adjoining the property to which the application applies. Written notice shall be by first class mail with certification by the Board of Adjustment’s Secretary that the notice was mailed. It shall be the duty of the applicant to furnish to the Board of Adjustment the name and address of an owner of each parcel of property as described in this section. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner.

         (b)   In the event such property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson of the owner group which administers property commonly owned by the condominium or cooperative owners.

         (c)   A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the Property Valuation Administrator’s records as having the same address.

   (A)   Building regulations. All structures shall be designed, erected or altered in accordance with the city’s housing and building codes and the following regulations.

      (1)   Where two or more structures share a common wall said common wall shall not be altered in any manner which would provide access through said common wall from one structure to another. This shall include any type of opening through said common wall until all requirements of the subdivision regulations of the city have been met and approval has been granted by the Planning Commission and the Board of Adjustment.

      (2)   Where two structures are separate and remote, said structures shall not be joined or combined until all requirements of the subdivision regulations of the city have been met and approval has been granted by the Planning Commission and Board of Adjustment.

   (B)   Water and sanitary sewer service.

      (1)   No building may be constructed in any zone, except the R-RE Zone unless such building is connected to a public water and central sanitary sewer system of adequate capacity and design, and approved by the proper authorities.

      (2)   In the case of the R-RE Zone, existing final platted lots in already approved subdivisions in all R-1 Zones, private sewage treatment facilities which provide a minimum of secondary treatment, and have a subsurface discharge of effluent may be permitted, provided they are approved in accordance with the requirements of the Northern Kentucky District Independent Health Department. Private sewage treatment facilities may be permitted if the Planning Commission determines that there are unique circumstances which make it unreasonable to tie into a centralized sewer system.

      (3)   Where existing buildings are presently unserved by a public sanitary sewer system and are located within a reasonable distance of an existing or newly extended sanitary sewer line, as determined by the Sanitation District No. 1 of Northern Kentucky, said building shall be required to connect with the public sanitary sewer system and the private sewage disposal system shall be prohibited.

   (A)   Requirements. No building, structure, or improvement shall be moved or set from or upon land located in any area or transported upon any public street, road, or highway in the city until and unless both a building permit to move and set, and a transport permit has been obtained therefor, and said building, structure or improvement complies with the provisions of this section.

   (B)   Compliance. All buildings, structures and improvements shall comply with the city’s Housing and Building Code, and all other applicable codes and regulations.

   (C)   Procedure, permits. The applicant shall submit to the Building Inspector, the following:

      (1)   An application for a building permit requesting an inspection of the building, structure or improvement to be moved of set;

      (2)   A plot plan, footing and foundation plan, and construction plans for any new construction;

      (3)   A statement from the city ensuring that all past and current taxes have been paid;

      (4)   Upon receipt of the foregoing items, the Building Inspector shall inspect said building, structure or improvements, and the proposed location where same will be set within the city and determine that the proposed development will comply with all the applicable codes and regulations;

      (5)   The move and set shall be referred to the Zoning Administrator for approval or denial of compliance with this ordinance;

      (6)   Upon approval by the Zoning Administrator and Building Inspector, a building permit to move and set shall be issued. The City Engineer shall then be notified of same and shall issue a transport permit. The City Engineer or his or her agent will designate the route to be traveled. The transport permit will not be issued if 90 consecutive calendar days or more have lapsed from the date of inspection by the Building Inspector. The transport permit provided for in this section shall not be in lieu of any building permit which may be required by the city; and

      (7)   No transport or building permit to move and set shall be issued until the applicant has first obtained the necessary permits from the telephone company, public utilities companies, railroad companies and the Kentucky Transportation Cabinet and the Campbell County Road Supervisor, unless it can be shown by the applicant that these agencies are not interested in the matter.

   (D)   Fees.

      (1)   There will be a building inspection fee, as established by the city, to cover the costs of inspection for determining the structural soundness of buildings, structures or improvements to be moved, the fee is payable in advance and must accompany the application provided herein. This fee is not returnable. If any alterations or improvements to be made are found to be in compliance with the Building Code and this ordinance, a building permit to move and set will be issued and the fee will be based on the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location.

      (2)   No person, corporation or company shall transport, move or set any building, structure or improvement in the city, until and unless such person, corporation or company shall post with the Building Inspector a good and sufficient indemnity bond in favor of the city, which indemnity bond shall be set in an amount which shall cover the cost of any damage or claim to damage to public improvements (e.g., street pavement, curb and gutter, catch basins, sewers and the like) and other damage to private property resulting from the move and set which indemnity bond shall be in the minimum amount as established by the city, or its appointed zoning body. Such bond shall be made by certified check, cash or equivalent, or by a surety corporation authorized to do business in the commonwealth; said bond may be issued on an annual basis, but shall not be in excess of such period of time.

   Screening areas shall be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development. All screening areas shall be approved and inspected by the Zoning Administrator (or Planning Commission, where required by this ordinance) for compliance with a submitted development or site plan as regulated by the applicable requirements of §§ 3.20 and 3.21 of this ordinance.

   (A)   Screening areas shall be designed, provided and maintained according to the following.

      (1)   Where natural vegetation and/or topographical conditions exist prior to development, every effort shall be made to retain said condition, particularly where it provides a natural screening or buffer from adjacent properties. In such cases, additional screening may not be required, provided that provision is made for maintenance of such condition to the satisfaction of the city.

      (2)   Wherever vegetative screening is required, the specific requirements contained in Article 10 of this ordinance shall be followed.

      (3)   Whenever structural screening is required, the specific requirements contained in Article 8 of this ordinance shall be followed.

   (B)   Sufficient bond, adequate to cover the required improvements as determined by the Planning Commission or its duly authorized representative, may be required to be posted. It shall be unlawful to occupy any premises unless the required screening has been installed in accordance with the requirements as provided herein.

   (A)   Private swimming pools. All private swimming pools shall be regulated according to the following requirements.

      (1)   Swimming pools shall be permitted to be located only to the rear of the principal permitted dwelling or dwellings, unless unique circumstances or physical features of the property suggest that the swimming pool would be better suited in a different location.

      (2)   Except as herein provided, no swimming pool, including the apparatus and associated equipment pertaining to the operation of the swimming pool shall be permitted within the limits of any public utility right-of-way easement.

      (3)   Swimming pools which are constructed in-ground shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or the property on which the pool is located. Such fence or wall shall be at least four feet in height, but not exceeding seven feet in height (only Classes 1, 3, 4 or 5 fences are permitted, as regulated in Article 8 of this ordinance); such fences or walls shall be constructed in such a manner that a small child may not reach the pool from the street or any property without scaling a fence or wall or opening a gate or door.

      (4)   (a)   Swimming pools which are located above-ground shall be required to have a fence or wall, including a self-closing or self-locking door or gate around the pool or property on which the pool is located, of at least four feet in height, but not more than seven feet in height (only Classes 1, 3, 4 or 5 fences are permitted as regulated by Article 8 of this ordinance).

         (b)   Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening the gate or door. Said wall may be the wall of the above ground pool; providing that, said wall is at least four feet in height above the surrounding ground level.

         (c)   In addition, any access to above ground pools by means of a ladder, filter, stairway, apparatus or paraphernalia, said ladder, filter stairway, apparatus or paraphernalia shall be provided with a self-closing or self-locking door or gate, or fence or wall that would prevent a small child from gaining access to the pool by means of a ladder, stairway, apparatus or paraphernalia.

      (5)   Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.

      (6)   All swimming pools including the apparatus and associated equipment pertaining to the operation of the swimming pool, shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the city. Any water used in the operation of a swimming pool, other than from a public source, shall be approved by the Northern Kentucky District Health Department.

      (7)   All swimming pools existing at the time of adoption of this ordinance which are unprotected by a surrounding fence, or wall, including gates or doors, as regulated herein, shall be required to comply with the provisions of this section within 60 days after its adoption.

   (B)   Public, semi-public and commercial swimming pools. All public, semi-public and commercial swimming pools shall be regulated according to the following requirements.

      (1)   Except as herein provided, no swimming pool, including the apparatus and associated equipment pertaining to the operation of the swimming pool, shall be permitted within any required yards of the lot, nor within the limits of any public utility right-of-way easement.

      (2)   The swimming pool or the property on which the pool is located shall be required to have a fence or wall, including a self-closing and self-locking door or gate around the pool or property on which the pool is located, of at least five feet in height, but not exceeding the height as permitted herein (only Classes 1, 3, 4 or 5 fences are permitted as regulated by Article 8 of this ordinance). Such fence or wall shall be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening the gate or door.

      (3)   Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties.

      (4)   All swimming pools, including the apparatus and associated equipment pertaining to the operation of the swimming pool, shall be constructed and erected in accordance with all applicable codes, ordinances and regulations of the city. Any water used in the operation of a swimming pool, other than from a public source, shall be approved by the Northern Kentucky Independent District Health Department.

      (5)   No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties through the emission of noises, voices or music which is loud enough to cause complaints from said adjacent residential properties.

   All applications for zoning map amendments shall require the submission of a development plan. In accordance with the applicable provisions of KRS Chapter 100, the development plan shall be followed. The Planning Commission, at its discretion, may waive the requirement for the submission of a development plan, if the commission finds that the proposed development poses a minimal impact to the subject property and adjacent properties.

   (A)   An applicant for a zoning map amendment who is required to submit a development plan to the Planning Commission may elect to have the Planning Commission hear any requests for variances or conditional use permits proposed in the development plan. The request for the Planning Commission to consider the variance or conditional use and the application for the variance or conditional use permit shall be submitted at the time of filing of the application for the map amendment. In such cases, the Planning Commission is hereby empowered to hear and finally decide applications for variances or conditional use permits pursuant to KRS 100.203(5). The Planning Commission in such circumstances shall assume all powers and duties otherwise exercised by the Board of Adjustment pursuant to KRS 100.203(6) and § 3.15 and Article 15 of this ordinance. The application for variances or conditional use permits shall be considered at the same public hearing set for the zone change.

   (B)   Where a development plan is required under these regulations, and where such zoning change has been approved by the city, the property owner or any other appropriate person, shall sign a written agreement providing that the development plan is a condition to the zoning change and such agreement shall be filed with the Campbell County Clerk’s office in the form of a certificate of land use restriction, as defined in § 13.16 of this ordinance.

   (C)   Minimum requirements of a development plan include the following:

      (1)   A title block containing:

         (a)   The plan name;

         (b)   Development plan type; and

         (c)   Name and address of the owner, developer and plan preparer, and written scale.

      (2)   A vicinity sketch and area map (oriented in the same direction as the design scheme) showing adjacent property owners and existing land uses within 200 feet of the parcel;

      (3)   General site characteristics:

         (a)   Ownership (deed references);

         (b)   Site area and current zoning classification;

         (c)   Topography (with contour intervals as shown on the available USGS sheets);

         (d)   Soils; and

         (e)   Drainage, erosion and other physical characteristics. If the site has unusual or unique natural features, demonstrate how proposed development preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural drainage patterns. If necessary, geotechnical studies should be submitted to indicate soil types, depth of bedrock and slope stability.

      (4)   Transportation patterns: location, arrangement and approximate dimensions of existing and proposed streets, driveways, walkways, parking areas and arrangement of spaces, points or ingress and egress and other vehicular and pedestrian rights-of-way;

      (5)   Land use characteristics:

         (a)   Existing and proposed land uses and adjacent land uses (within 200 feet of the parcel);

         (b)   Approximate size, location, height, floor area, area arrangement and use of existing and proposed buildings; and

         (c)   Screening, landscaping, buffering, recreational and other open space areas (include maintenance plans for these areas).

      (6)   Utilities and infrastructure: general location of water, sanitary sewer, telephone, electrical and storm water lines including the location of easements;

      (7)   Relationship of proposed zone change with the city’s comprehensive plan: the plan should state how specifically the proposed zone change would conflict, conform or otherwise affect the comprehensive plan; and

      (8)   An eight and one-half inch by 11-inch or an eight and one-half inch by 14-inch reduction of the plan that can be copied on a standard photocopier. For projects involving more intensive developments or proposals that significantly impact adjacent properties, the Planning Commission may require the applicant to submit information in addition to divisions (C)(1) through (C)(7) above. The following lists additional information that may be required:

         (a)   General description of the availability of community facilities such as schools, fire protection services and the size and capacity of other types of facilities (water, sanitary and storm sewer) that would serve the development and how these facilities are affected by this proposal;

         (b)   Approximate location and size of storm water detention and/or retention areas;

         (c)   Information describing proposed signage (types, sizes, materials and locations on site);

         (d)   The construction schedule of a project. For multi-phased projects, submit a phasing plan that describes the anticipated timing and geographical extent of each phase;

         (e)   Submission of a detailed traffic study if the proposed development is large-scaled or if the project would significantly alter existing traffic patterns or volume (see Article 7 of this ordinance); and

         (f)   A sketch or drawing of the proposed buildings to demonstrate the visual appearance or a type of architecture.

   (A)   No building shall be erected or structurally altered nor shall any grading take place on any lot or parcel in zones where a site plan is required, except in accordance with the regulations of this Section and an approved site plan as hereinafter required. Before a permit is issued for construction, one copy of the site plan of the area at a scale no smaller than one inch to 100 feet shall be filed with the Building Inspector and two copies with the Zoning Administrator. The site plan shall identify and locate, where applicable, the following:

      (1)   Total area in development project including legal description;

      (2)   Present zoning of property in question and adjacent properties;

      (3)   All public and private rights-of-way and easement lines located on and adjacent to the property which are proposed to be continued, created, relocated or abandoned;

      (4)   The existing and proposed finished topography of the subject property shown by contours with intervals not to exceed five feet. Where conditions exist that may require more detailed information on the proposed topography, contours with intervals of less than five feet and/or supplemented by spot elevations, may be required by the Planning Commission;

      (5)   All housing units on the subject property:

         (a)   Detached housing. Location, arrangement and number of all lots, including exact dimensions and setbacks, and maximum height of buildings; and

         (b)   Attached housing. Location, height and arrangement of all buildings indicating the number of units in each building and, where applicable, location and arrangement of all lots with exact lot dimensions.

      (6)   Location, height, arrangement and identification of all non-residential buildings and uses on the subject property and, where applicable, location and arrangement of all lots with exact lot dimensions;

      (7)   All common open space areas, including accurate lot dimensions and the location and arrangement of all recreational facilities;

      (8)   Landscaping features, including identification of planting areas and the location, type and height of walls and fences. A landscaping plan, in accordance with Article 10 of this ordinance, shall be required and the property owner or developer shall prepare a landscape plan for approval. The landscape plan shall be drawn to an easily readable scale, showing and labeling by name and dimensions, all existing and proposed property lines, easements, buildings and other structures, vehicular use areas (including parking stalls, curbs, wheel stops, driveways, service areas, square footage and the like) water outlets, planting areas and landscape material (including, botanical name or common name, location, orientation, height, caliper and type of vegetation to be used), location of garbage containers, existing trees and typical elevations and/or cross-sections as may be required;

      (9)   Location of signs indicating their orientation, size and height;

      (10)   All utility lines and easements:

         (a)   Water distribution systems, including line sizes, width of easements, gradients, types of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity and process of any necessary treatment facilities, and other appurtenances;

         (b)   Sanitary sewer system, including pipe sizes, width of easements, gradients, type of pipes, invert elevations, location and type of manholes, the location, type, size of all lift or pumping stations, capacity and process of any necessary treatment facilities, and other appurtenances;

         (c)   Storm sewer and natural drainage system, including pipe and culvert sizes, gradients, location of open drainage courses, width of easements, location and size of inlets and catch basins, location and size of retention and/or sedimentation basins and data indicating the quantity of storm water entering the subject property naturally from areas outside the property, the quantity of flow at each pickup point (inlet), the quantity of storm water generated by development of the subject area, and the quantity of storm water to be discharged at various points to areas outside the subject property; and

         (d)   Other utilities (e.g., electric, telephone and the like) including the type of service and the width of easements.

      (11)   Location of all off-street parking, loading and/or unloading, and driveway areas, including typical cross-sections, the type of surfacing, dimensions and the number and arrangement of off-street parking and loading and/or unloading spaces;

      (12)   Circulation system:

         (a)   Pedestrian walkways, including alignment, grades, type of surfacing and width; and

         (b)   Streets, including alignment, grades, type of surfacing, width of pavement and right-of-way, geometric details and typical cross-sections.

      (13)   Provisions for control of erosion, hillside slippage and sedimentation, indicating the temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction;

      (14)   Lighting plan when applicable, although this shall not be a required element of the proposed site plan;

      (15)   Dumpster and/or refuse storage locations when applicable, including provisions for screening;

      (16)   Name, address and telephone number of applicant/builder and/or developer/engineer/ architect;

      (17)   The date of preparation of such plan and notation of revision dates when applicable;

      (18)   A schedule of development including the staging and phasing of:

         (a)   Residential areas, in order of priority, by type of dwelling unit;

         (b)   Streets, utilities and other facility improvements in order or priority;

         (c)   Sedimentation and Erosion Control Plan, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of development;

         (d)   Dedication of land to public use or set aside for common ownership with a preliminary statement indicating how maintenance of the latter will be handled; and

         (e)   The construction of non-residential buildings, in order of priority.

      (19)   Exterior elevations of all proposed buildings, including exterior facade materials and color schemes, and other details as deemed necessary which may affect the exterior appearance of the proposed building, although this shall not be a required element of the proposed site plan.

   (B)   (1)   The information required in divisions (A)(1) through (A)(19) above may be combined in any suitable and convenient manner so long as the data required is clearly indicated.

      (2)   All such site plans shall be reviewed by the Planning Commission or its duly authorized representative, and the factual determination approving or rejecting such plans shall be made in accordance with requirements of this and other applicable sections of this ordinance, and the comprehensive plan for the city.

      (3)   All site plans approved shall be binding upon the applicants, their successors and assigns and shall limit the development to all conditions and limitations established in such plans.

      (4)   Amendments to plans may be made in accordance with the procedures required by this ordinance subject to the same limitations and requirements as those under which such plans were originally approved.

      (5)   After final approval, the subject area may be developed in phases; provided, all of the required procedures by the Planning Commission, or its duly authorized representative, have been complied with.

   Any proposed use of air rights, as defined herein, shall be in the form of a site plan (as regulated in § 3.21 of this ordinance) submitted to the Planning Commission, or its duly authorized representative, for its review.

   Any proposed development requiring the construction of streets (including curb and gutters), sidewalks, sewers (sanitary and storm), water lines or other improvements, which does not constitute a subdivision, as herein defined, shall be required to be designed and reconstructed in accordance with the applicable articles and sections of the city’s subdivision regulations.

   (A)   No motor vehicle, which is inoperable, shall be stored on any lot in any zone or parcel of ground unless it is in a completely enclosed building. Parking shall be limited to the number of operable vehicles regularly used by members of resident families and their guests.

   (B)   It shall be unlawful for any person or persons to live in any trailer or mobile home (except house trailers or mobile homes in residential mobile home parks), motor home, camper, boat, automobile or truck within the limits of the city.

   (C)   The outside storage of any trailer, motor home, recreational vehicle, camper, boat, construction machinery (but not in residential areas, where the storage of construction machinery is prohibited), or similar type equipment shall be restricted to the rear and side yard of all lots within the city, except in cases herein provided and cases where, due to unique conditions, topographical or other, which do not allow use of the rear or side yard, the Zoning Administrator may permit such storage on another part of the lot. Such permission shall be granted in writing on a form supplied by the Zoning Administrator to the property owner, completed by the property owner and approved and issued by the Zoning Administrator. There shall be a one-time (permanent) fee for the issuance of such permits for each such units (as reflected in the Alexandria Fee Schedule), and a record of the permit shall be kept in the office of the Zoning Administrator. This permit shall apply to a specific address to be shown on the permit. The permit shall be non-transferrable to another address or person.

   (D)   It shall be unlawful for any person or persons to keep or park any truck (of more than one ton capacity), trailer, boat, motor home or camper in any residential zone on any street or public way in the city. It shall be unlawful to park or to keep any truck or commercial vehicle of more than one-ton capacity (i.e., Ford model F-350, Chevrolet model C-30 or their equivalent) at any place or location on any private property in any residential zone, except in a completely enclosed garage building.

   (E)   REAR YARD, for the purpose of this section of the ordinance, shall be defined as follows: the area of the lot or parcel of ground bounded by the rear building line on the main residence on the subject property, the projections of this building line to the side property lines and extending back along the side property lines to the rear property line.

   (F)   SIDE YARD, for the purpose of this section of the ordinance, shall be defined as follows: the area of a lot or parcel of ground bounded by the front and rear building lines of the main residence on the subject property, and the projections of these building lines to the two side property lines.

   (G)   Front and side yard parking shall be on an approved surface, as defined herein. Approved surfaces shall be blacktop (asphalt) with a minimum thickness of four inches or poured concrete with a minimum of four inches. The approved surface shall be equal in size to the outside dimensions of the subject vehicle or larger. Front yard parking may be permitted only by permit from the Zoning Administrator pursuant to division (C) above.

   (H)   For additional parking regulations, see Article 5 of this ordinance.

   Class A and B manufactured homes, as defined in Article 2 (mobile homes) of this ordinance, shall be permitted in mobile home parks in the RMHP Zone, as provided for in this ordinance. In addition, all mobile home park installations shall comply with the following regulations.

   (A)   The mobile home shall, at a minimum, be equipped with a flush toilet, a tub or shower bath, kitchen facilities and plumbing and electrical connections designed for attachment to appropriate external systems.

   (B)   All health, sanitation (including sewers and/or private secondary sewage treatment plants approved by the Northern Kentucky Independent District Health Department and the Sanitation District No. 1 of Northern Kentucky) and safety requirements applicable to a conventional dwelling, shall be equally applicable to a mobile home.

   (C)   The mobile home shall be set and adequately anchored on a concrete or hard surfaced slab in accordance with the “Kentucky Mobile Home and Recreational Vehicle Park” regulations, and the open space between the ground and the floor of the mobile home shall be completely enclosed with materials such as concrete block, corrugated metal or other durable and suitable material.

   (D)   Any person, firm or corporation desiring to locate a mobile home in the city shall apply for a zoning/building permit and an occupancy permit from the city. Said permits must be approved prior to the installation and occupancy of any mobile home. Mobile home parks shall be developed in accordance with the city’s subdivision regulations and all other pertinent regulations of this ordinance. Each mobile home must display the proper building/occupancy permit decal, signifying that all permits have been approved by the Building Inspector and Zoning Administrator.

   Pursuant to KRS Chapter 100, any land which is used solely for agricultural, farming, dairying, stock raising or similar purposes (exclusive of land and building used for residences, except as herein provided), shall have no regulations imposed as to building permits, certificates of occupancy, height, yard location or courts’ requirements for agricultural buildings, including and limited to one mobile home used as a dwelling unit; except that:

   (A)   Setback lines shall be required for the protection of existing and proposed streets and highways, as required for the zone in which the use is located; and

   (B)   All buildings or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters shall be in accordance with this ordinance.

   Recycling collection points and drop-off centers will be permitted in any commercial zone only if it meets all of the following performance standards.

   (A)   The recycling collection point of drop-off center shall only be placed in the side of rear yard of the principally permitted use, no closer than ten feet to any property line.

   (B)   The area must be enclosed or otherwise screened to minimize its visual impact.

   (C)   Exceptions to these requirements may be made by the Zoning Administrator.

   (A)   Purpose. This section is designed to ensure, when development is proposed in those areas in the city, which have distinctive and special environmental characteristics which are of significant value to the public and which make these properties susceptible to damage through improper development. It is the purpose of these regulations to encourage and guide development that will preserve existing hillsides and their character through:

      (1)   Innovative approaches to the development of housing units and other projects in hillside areas, encouraging the use of community unit planning concepts;

      (2)   Prevention of damage or destruction of trees, shrubbery and other ground cover, where possible, to prevent loss of their stabilizing influence in areas where soils are, or likely to become, unstable and prone to landslides;

      (3)   Prevention of land from becoming unstable or prone to landslides through improper development;

      (4)   Prevention of the loss or damage to mature trees and other vegetation, significant scenic views and other similar natural features which are necessary to preserve the aesthetic and visual integrity of the hillsides; and

      (5)   Prevention of soil erosion and stream siltation caused by improper development.

   (B)   General requirements. Areas of land on which development is physically restricted due to excessive hillside slopes shall be limited according to the following requirements, notwithstanding any other section of this of any other ordinance adopted by the city.

      (1)   Those properties or areas of land which lie totally or partially within land areas identified in the comprehensive plan for the city, as “physically restrictive development areas”;

      (2)   Any other areas which have slopes equal to 20% or greater;

      (3)   Certain soil and bedrock conditions which exhibit characteristics of moderate environmental concern of construction activity such as, but not limited to, exposures of the Kope geological formation;

      (4)   Hillsides which support a substantial natural wooded cover; or

      (5)   Land area that has known experience of landslides.

   (C)   Development standards.

      (1)   It shall be unlawful to locate, extend, convert or structurally alter any structure or otherwise develop any land, including, but not limited, the excavation, removal or placement of any soil within those areas defined in division (B) above, unless such development meets the applicable standards set forth in this section.

      (2)   The registered professional engineer or landscape architect, in developing the design of any proposed development, shall do so with consideration of the following standards and guidelines. These standards and guidelines shall be considered as minimum standards, and the professional engineer or landscape architect may enact greater standards in order to comply with the intent of this section. When restrictions of land development occur within these standards appear to conflict with other associated standards, the most strict standard shall apply.

         (a)   Identification of landslide-prone areas. All on-site areas which are vulnerable to landslide damage shall be identified. The risk to off-site property shall then be minimized by locating development away from areas which are vulnerable to sliding.

         (b)   Clearance activities standards.

            1.   In all areas, trees and natural vegetation shall be retained, where feasible, in order to minimize erosion, sedimentation and the disruption of views to and from hillsides.

            2.   The natural redevelopment condition of the crest of the slope shall be maintained by tree planting and other landscape measures.

            3.   The natural slope line of the hill as seen in profile shall be retained, except in areas of approved excavation. Vegetation lines which convey this slope line shall be maintained, restored and supplemented.

            4.   Earth disturbing activities shall be limited to only those areas involved in the construction activities. Any grading performed shall be in keeping with generally accepted engineering and soil conservation practices to avoid erosion and land sliding and to minimize the effect on the environment. The smallest practical areas of land should be exposed at any one time during development and length of exposure should be kept to the shortest practice amount of time.

            5.   Trees around the perimeter of the construction shall be protected to prevent root, trunk and branch injury or dismemberment.

            6.   No tree larger than eight inches in diameter, measured 24 inches above the ground, may be destroyed or removed unless specifically approved during the permit process.

            7.   All areas of land exposed during construction shall be temporarily revegetated and restored as soon as possible to blend with the surrounding terrain. All excavations shall have stable side slopes and be constructed so that revegetation can occur readily.

         (c)   Development restrictions on drainage areas. No more than 50% of any area of a proposed development may be developed when such area conveys storm water runoff from surrounding land, either as a natural flow or as a result of existing land alterations, to a watercourse.

         (d)   Building construction standards.

            1.   Any building shall be designed and located so as to relate to the natural slope and contours of the land and to minimize grading, excavation and placement of fill.

            2.   No building constructed between the toe and crest of a slope within the areas defined in division (B) above, should be higher than two stories or 35 feet, whichever is less, as measured from the highest point where the building meets the natural slope.

            3.   Any building located within the areas defined in division (B) above shall be required to have geotechnically and structurally engineered foundations, as evidenced by certifications on the building plans by a registered professional engineer and a registered professional geotechnical engineer.

            4.   Buildings placed on columns or stilts for structural reasons shall have space below the buildings screened from view by earth mounding or vegetation. Supports for decks shall be screened by vegetation.

         (e)   Parking area standards. Parking areas, whenever possible, shall be located within structures to limit the amount of paved land.

         (f)   Pavement limitations. Paved areas intended for vehicular use shall be designed to follow the natural contours of the land and provide the least disruption to the hillside environment.

         (g)   Retaining wall standards.

            1.   Retaining walls shall be no higher than six feet high above the ground at the base of the wall. Walls may be built in a series of smaller walls to minimize the visual impact of a higher wall; provided that, the series of walls can be built without excessive removal of vegetation during construction.

            2.   All retaining walls shall be properly engineered, backfilled and maintained.

            3.   Retaining walls shall be faced with stone, textured block, textured concrete or other textured material that will blend with the hillside. Medium earth tone colors shall be encouraged. Highly reflective surface materials are prohibited.

            4.   All retaining walls shall be covered with a minimum of 50% coverage by vegetation by:

               a.   Planting at the base of the wall;

               b.   Planting within the wall;

               c.   Plants hanging from the top of the wall; and

               d.   Any combination of divisions (C)(2)(g)1. through (C)(2)(g)4. above.

         (h)   Screening requirements. Visual prominence of a development shall be minimized by using tree clusters or depressions for view screens. Where total screening is impractical or undesirable, partial screening should be employed to at least lessen the full visual impact of the development by breaking up the horizontal lines of long structures and/or reducing the apparent height of buildings or walls. See § 3.18 of this ordinance for screening standards.

         (i)   Lighting standards. Unobtrusive forms of lighting shall be employed for exterior areas (e.g., light where the light source itself is screened from direct view or low garden type lighting). See § 5.0(O)(2) of this ordinance for lighting standards.

         (j)   Excavation and fill standards.

            1.   The toes and crests of excavations and their slopes shall be set back from property boundaries and structures as far as necessary for the safety of adjacent properties and adequacy of foundation support and to prevent damage as a result of water runoff.

            2.   Fill shall not be placed over stumps or other organic or unstable material, unless in compliance with recommendations from a geotechnical engineer. All fill should be compacted to provide stability of material and to prevent undesirable settlement or landsliding, and proper benching shall be provided, as required, in accordance with the recommendations of a geotechnical engineer.

            3.   In any development with slopes greater than 30%, a registered professional engineer shall design the structure, in cooperation with the project geotechnical engineer, so that there shall be adequate support against downhill creep acting upon each caisson or pier penetrating soil that is prone to creep.

            4.   No soil from excavations of any kind shall be placed on slopes, except as permitted by these regulations.

            5.   Grading under tree drip lines, including trenching for utilities, shall be avoided. Drainage around existing trees shall remain undisturbed to ensure preservation of trees.

            6.   All permitted excavation and fill operations shall be reviewed by a qualified soils technician under the direction of a registered professional geotechnical engineer; such review and inspection reports shall be the responsibility of the developer and shall be submitted to the Zoning Inspector in a timely manner.

   (D)   Administration and review procedures.

      (1)   Prior to any development of any lot or land which lies totally or partially within the areas defined in division (B) above, the following information shall be submitted in the form of a site plan as regulated by § 3.21 of this ordinance and shall accompany each request and shall be considered as part of the required application for a zoning certificate for development within the city in quadruplicate:

         (a)   Identification of slopes 18% and greater;

         (b)   Identify exposures of the Kope geological information;

         (c)   Hillsides which support a substantial natural wooded cover;

         (d)   Identification of land area that has known experience of landslides;

         (e)   A report shall be prepared by a professional geotechnical or soils engineer showing the following:

            1.   Results of surface and subsurface exploration, conditions of the land, the major soils types on the site and extent and patterns of the soils and procedures for performing the operations;

            2.   An evaluation of the effect on off-site slopes adjacent to the proposed development;

            3.   Recommendations for foundation type, depth and locations;

            4.   Specifications for the borrow material or fill material, the method to be used for filling and the requirements of its proposed construction;

            5.   Proposed preparation of existing ground surface to receive fill;

            6.   Proposed terraces and ditches where necessary to control surface drainage and debris; and

            7.   Proposed subsurface drainage if necessary for stability.

         (f)   Identify areas of excavation and fill, and estimated number of cubic yards displaced;

         (g)   Identify existing drainage on the site, the proposed method and storage and disposal of water generated by development of the tract and calculated surface water fun-off from the site before and after construction, measured in cubic feet per second; and

         (h)   Provide a timing schedule and sequence indicating the anticipated starting and completion dates of the development sequence; stripping or clearing; rough grading; construction; final grading; and vegetative establishment and maintenance. The schedule shall also indicate the time o exposure of each area prior to the completion of effective erosion and sediment control measures.

      (2)   The Planning Commission, and/or its duly authorized representative, may waive or modify the requirements of this regulation for plans, specifications, field supervision and summary reports only if the application for a zoning certificate contains a written statement by a registered professional engineer or geotechnical engineer which states, to the satisfaction of the Planning Commission and/or its duly authorized representative, that the proposed development, if his or her recommended procedures are followed, will not:

         (a)   Obstruct, damage or adversely affect existing sewerage or drainage, public or private;

         (b)   Cause a stagnant pond of water to form;

         (c)   Create slope stability problems on the subject and/or adjacent properties;

         (d)   Cause detrimental erosion or sedimentation; or

         (e)   That the proposed excavation or fill is in an isolated, self-contained area and that there is no apparent danger or environmental damage to adjacent public or private property.

      (3)   The site plan, cut and fill permit and other information required in division (B)(2) above shall be reviewed by the City Engineer who will recommend to the Planning Commission, or its duly authorized representative, what effect the proposed development will have on hillside slippage and soil erosion.

      (4)   After consideration of the recommendations of the Planning Commission, and/or its duly authorized representative, may grant a permit for use of the site in accordance with the submitted plans.

If, after review of the plans required by this section of the ordinance, the Planning Commission, or its duly authorized representative, determines that said proposed plans will not minimize hillside slippage, the Planning Commission shall deny a permit for the development of said land and the site shall be limited to those open type uses, excluding structures, as permitted or conditionally permitted in the Conservation Zone (CO).

   All sidewalk sales and displays shall require a permit to be issued by the Zoning Administrator, and only if the application indicates compliance with all of the following requirements.

   (A)   Sidewalk sales and displays shall be operated as a use which is at least incidental to the principal business of the applicant, and the merchandise offered for sale at the sidewalk sale shall be such that is ordinarily offered for sale at the business premises of the applicant.

   (B)   Sidewalk sales and displays shall be conducted only during normal business hours of the applicant.

   (C)   All sidewalk sales and displays shall be conducted on the sidewalk associated with the business applicant; no sidewalk sale or display shall be permitted on any parking lot, parking area, drive or roadway; and no displays, merchandise or equipment to be used in the sidewalk sale and display shall block access to doorways, walkways, ramps and driveways.

   (D)   Minimum ADA and Fire Department requirements for access, ingress, egress and walkways shall be maintained at all times.

   (E)   Each applicant for a sidewalk sales and displays permit shall complete an application provided by the Zoning Administrator at least one week in advance of the day the proposed sidewalk sale will begin. The Zoning Administrator may require the applicant to prepare a plan to illustrate the location of the displays, merchandise and equipment to be used in the sidewalk sale and display and to demonstrate compliance with this ordinance.

   (F)   No merchandise, displays, equipment or other material used in conjunction with the sidewalk sales and displays shall be stacked up higher than the Zoning Administrator deems safe under all of the circumstances.

   (G)   Each business shall be entitled to participate in a maximum of four sidewalk sales and displays per calendar year.

   (H)   Each sidewalk sale and display permit shall be issued for a period not to exceed three days. Each permit shall be issued for a period of up to three consecutive days. However, if inclement weather interrupts one or more of those days, the Zoning Administrator may exercise his or her discretion and extend the permit for a period of time equal to the weather interruption.

   (I)   No merchandise, displays or other materials or equipment shall be left or stored on the sidewalk prior to the first day of the sidewalk sale and display permit period, nor after the expiration of the sidewalk sale and display permit.

   (J)   The permit fee shall be set by the city.

   Outdoor merchandising and display shall be limited to those zoning districts which specifically permit it, and shall be limited and regulated as follows.

   (A)   Outdoor merchandising and display shall be limited to those businesses regularly and ordinarily dealing with merchandise which is impossible, difficult or impractical to house and display inside a building, or which is necessarily or ordinarily expected to be displayed outdoors, such as nurseries, lawn and garden, farm implements, tools rental, agricultural products, utility buildings, equipment rental and other similar businesses and products as determined by the Zoning Administrator.

   (B)   Merchandise, displays and equipment used in conjunction with outdoor merchandising and display shall not block access to doorways, walkways, ramps or driveways. Minimum ADA and Fire Department requirements for access, ingress, egress and walkways shall be maintained at all times.

   (C)   The minimum number of parking spaces required by this official zoning ordinance shall be maintained at all times.

   (D)   No merchandise, displays, equipment or other material used in conjunction with the outdoor merchandising and display shall be stacked up higher than the Zoning Administrator deems safe under all of the circumstances.

   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly requires a different meaning.

      ADULT DAY CARE CENTER. Any adult care facility which provides part-time care, day or night, but less than 24 hours, to at least four adults not related to the operator of the adult care facility by blood, marriage or adoption (KRS 205.010(15)) as certified by the Cabinet for Health and Family Services.

      CHILD CARE CENTER. Any child-care center which provides full or part-time care, day or night, to at least seven children who are not the children, grandchildren, nieces, nephews, or children in legal custody of the operator. CHILD CARE CENTER shall not include any child-care facility operated by a religious organization while religious services are being conducted, or a youth development agency. For the purposes of this section, “youth development agency” means a program with tax-exempt status under 26 U.S.C. § 501(c)(3), which operates continuously throughout the year as an outside-school-hours center for youth who are six years of age or older, and for which there are no fee or scheduled-care arrangements with the parent or guardian of the youth served (KRS 199.894(3)) as licensed by the Cabinet for Health and Family Services. As used in this regulation, the term is not intended to include baby-sitting services of a casual, non-recurring nature of in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective domiciles.

      DAY CARE CENTER. A building or structure wherein an agency, person, or persons regularly provides care for a group of children or adults for periods of less than 24 hours a day. DAY CARE FACILITIES include family child-care homes, child care centers, adult day care centers, Type I day care facilities and Type II day care facilities. As used in this regulation, the term is not intended to include baby-sitting services of a casual, non-recurring nature of in the child’s own home. Likewise, the term is not intended to include cooperative, reciprocative child care by a group of parents in their respective domiciles. It also does not include those providing part-time care, day or night, but less than 24 hours to less than four adults.

         (a)   TYPE I DAY CARE CENTER. A licensed or certified facility other than a dwelling unit that regularly received four or more children or adults for day care, or any facility, including a dwelling unit, which regularly provides day care for 13 or more children or 11 or more adults.

         (b)   TYPE II DAY CARE CENTER. A licensed or certified home or dwelling unit that regularly provides for the care of seven through 12 children or four through ten adults for less than 24 hours per day.

      FAMILY CHILD CARE HOME. A private home that provides full or part-time care day or night for six or fewer children who are not the children siblings, stepchildren, grandchildren, nieces, nephews or children in legal custody of the provider (KRS 199.894) as certified by the Cabinet for Health and Family Services.

   (B)   Family child care home. A family child care home shall be permitted as a conditional use in all residential zones (except the RMHP District); provided that:

      (1)   State regulations are met, including those pertaining to building, fire safety and health codes;

      (2)   Lot size, building sizes, setbacks and lot coverage conform to those applicable to the zoning district;

      (3)   One off-street parking space is provided for each non-resident or non-family member employee in addition to the two spaces per single family or duplex unit required. The residential driveway is acceptable for this purpose;

      (4)   If located on a major arterial street, an off-street drop-off/pick-up area must be provided;

      (5)   Signage, if any, conforms to the requirements for the zoning district; and

      (6)   No structural or decorative alteration that will alter the single-family character of an existing residential structure or be incompatible with surrounding residences is permitted.

   (C)   Type II day care centers. A state licensed or certified Type II day care center is allowed in the designated zoning districts as follows:

      (1)   A zoning permit (along with a copy of state license or certification) is obtained from the city;

      (2)   Type II day care centers providing adult day care must meet handicapped accessibility standards for walkways, entrances, doorways and bathrooms;

      (3)   Residential Zoning Districts (R-2, R-3, RMHP). A Type II day care center may be allowed only upon issuance of a conditional use permit; provided, the conditions set forth in reference to family day care homes are met and that the Type II day care center is located in an accessory building to the residential development. In no case shall a Type II day care center be permitted in actual residences; and

      (4)   A Type II day care center is permitted by right in all other non-residential zoning districts (except CO and PF Districts); provided, the conditions set forth in reference to family day care homes are met.

   (D)   Type I day care centers. A state certified or licensed Type I day care center may be allowed in the designated zoning districts as follows.

      (1)   Residential zoning districts (R-2, R-3, RMHP). A Type II day care center may be allowed only upon issuance of a conditional use permit; provided, the conditions set forth in reference to family day care homes are met and that the Type II day care center is located in an accessory building to the residential development. In no case shall a Type II day care center be permitted in actual residences. This type of day care is permitted subject to the following conditions:

         (a)   State licensing or certification requirements are met, including those pertaining to building, fire safety and health codes;

         (b)   Lot size, building size, setbacks and lot coverage conform to those applicable to the zoning district;

         (c)   Type I day care centers providing adult day care must meet handicapped accessibility standards for walkways, entrances, doorways, bathrooms;

         (d)   Signage, if any, will conform to the requirements of the zoning district;

         (e)   A zoning permit (with a copy of a state license) is obtained from the city;

         (f)   At least one on-site parking space must be provided for each on-duty staff person;

         (g)   An on-site vehicle turnaround, or separate entrance and exit points, and passenger loading area must be provided;

         (h)   A solid fence at least six feet high must be installed along each side and rear yard lot line;

         (i)   No structured area for active play or play structures may be located in a front yard or within ten feet of a side or rear lot line;

         (j)   The site must be landscaped in a manner compatible with adjacent residences;

         (k)   No structural or decorative alteration that will alter the residential character of an existing residential structure used for day care is permitted. Any new or remodeled structured must also be designed to be compatible with the residential character of the surrounding neighborhood; and

         (l)   A Type I day care center shall not be located within 300 feet of another Type I or Type II day care center, excluding any day care center that is an accessory use in a community service facility.

      (2)   All other zoning districts. A Type I day care center is permitted by right in all other non-residential zoning districts (except CO and PF Districts) subject to the following conditions.

         (a)   State licensing and that all certification standards and requirements are met.

         (b)   Setbacks, screening and landscaping shall conform to the pertinent portions of the zoning ordinance.

         (c)   Structure shall meet building, sanitation, health, traffic safety and fire safety code requirements including handicapped accessibility standards.

         (d)   A minimum of one off-street parking space shall be provided for each employee, plus an off-street drop off/pick-up area.

         (e)   A zoning permit (along with a copy of a state license) is obtained from the city.

   (A)   It is in the best interest of the city to minimize the possible blighting effect that abandoned shopping centers and large retail establishments can have on the larger area or neighborhood in which they are located. By imposing additional standards in the form of design guidelines for such centers, these effects can be minimized and future redevelopment and reuse of vacant retail buildings encouraged through proper facility design, without expenditure of public funds. For this reason, the Planning Commission has adopted design guidelines for shopping centers containing a single “big-box” establishment larger than 50,000 square feet in size. These additional standards are listed in Appendix A of this ordinance, Big-Box Design Standards, and are consistent with guidelines which have been established in other cities and counties across the United States for such facilities.

   (B)   The guidelines are to be met in the design of a planned shopping center containing a single “big-box” establishment larger than 50,000 square feet in size, unless waived by the Planning Commission through its approval of a final development plan. These design guidelines are intended to provide professional designers and the Planning Commission with direction for improved development plans which address the following issues:

      (1)   Variation in building heights and identifiable customer service entrances and pedestrian entryways;

      (2)   Uninterrupted facades, windows, allowance for smaller stores or departments having exterior entrances and back or side facades;

      (3)   Landscaping and/or screening of outdoor display of building materials or other similar bulky products and of trash collection and loading areas;

      (4)   Pedestrian circulation in relation to vehicular movements and common open spaces for pedestrians; and

      (5)   Parking lot orientation adjacent to public streets.