Certain words and terms used in this Zoning Ordinance shall be interpreted as follows unless the context of their use or specific wording in the text clearly indicates the intent to interpret them a different way.

1. Words used in the present tense include past and future tenses.
2. Words used in the singular include the plural, and plural words include the singular.
3. The words “City Council” mean the City Council of Fort Mitchell, Kentucky.
4. The words “Fiscal Court” mean the Fiscal Court of Kenton County, Kentucky.
5. The words “City Administrator” mean the City Administrator of Fort Mitchell, Kentucky.
6. The words “Boards of Adjustment” mean the City of Fort Mitchell Board of Adjustment.
7. The words “Planning Commission” mean the Kenton County Planning Commission.
8. The words “Zoning Administrator” mean the Zoning Administrator for the City of Fort Mitchell or their designee.
9. The words “zoning map” shall mean the Official Zoning Map of Fort Mitchell, Kentucky.
10. Any reference to a section or chapter shall mean a section or chapter of the Fort Mitchell Zoning Ordinance, unless otherwise specified.
11. The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, governmental unit, and any combination thereof.
12. The words “shall,” “will,” and “must” are mandatory; the word “may” is permissive, except when the context of the particular use is negative (e.g., “may not”).
13. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.”
14. The words “lot” or “property” include the words “lot,” “plot,” “parcel,” “property,” or “tract.”
15. The word “street” includes the words “road” and “highway.”
16. The words “day” or “days” mean calendar days.
17. Words used in the masculine gender include the feminine gender and vice versa.
18. References to NAICS codes shall mean those codes assigned to businesses in the 2017 North American Industrial Classification Manual published by the United States Office of Management and Budget. NAICS Codes serve as an aid for interpretation and determination of specific uses included in a general class of uses.
19. The phrase “on the premises of,” as applied to accessory uses or structures shall be interpreted to mean “on the same lot or on a contiguous lot in the same ownership.”

Effective on: 1/1/1901

Except for Flood Protection Development Standards (Section 8.04) and Sexually Oriented Businesses (Article 9), the words, phrases and terms used within this ordinance shall be interpreted as stated in this Article. Except as specifically defined herein, all words and phrases used in this Zoning Ordinance shall have their customary meaning as defined in a standard, common dictionary. The definitions for Flood Protection Development Standards (Section 8.04) are in Section 14.03. The definitions for Sexually Oriented Businesses (Article 9) are in Section 14.04.

For the purpose of Flood Protection Development Standards (Section 8.04), the following definitions shall be used for the phrases and terms within that Section. If a phrase or term is not specifically defined below, then the definitions found in 14.02 shall be used or shall have their customary meaning as defined in a standard, common dictionary.

For the purpose of Sexually Oriented Businesses (Article 9), the following definitions shall be used for the phrases and terms within that Article. If a phrase or term is not specifically defined below, then the definitions found in 14.02 shall be used or shall have their customary meaning as defined in a standard, common dictionary.

Abutting – Touching at a point or along a border; including when separated only by a public or private right-of-way.

Effective on: 1/1/1901

Accessible – Approachable, enterable, and usable by a person with disabilities.

Effective on: 1/1/1901

Accessory Dwelling Unit – A residential dwelling located on the same lot as a single-family dwelling unit, either within the same building or in a detached building.

Effective on: 1/1/1901

Accessory Structure or Use, Customary – A structure or use that: (1) is subordinate in area, extent, and purpose to the principal use; (2) contributes to the comfort, convenience, or necessity of the principal use; or (3) is located on the same lot and in the same zoning district as the principal use.

Effective on: 1/1/1901

Act of God – An event that directly and exclusively results from the occurrence of natural causes that could not have been prevented by the exercise of foresight or caution; an inevitable accident.

Effective on: 1/1/1901

Agricultural Storage – An establishment primarily engaged in operating merchandise warehousing and storage facilities. These establishments generally handle goods in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. They are not specialized in handling bulk products of any particular type, size, or quantity of goods or products; Services provided by these establishments can include blast freezing, tempering, and modified atmosphere storage services. (NAICS-493110 & 493120).

Effective on: 1/1/1901

Agricultural Supplies Sales – An establishment primarily engaged in the merchant wholesale distribution of farm supplies, such as animal feeds, fertilizers, agricultural chemicals, pesticides, plant seeds, and plant bulbs (NAICS 424910).

Effective on: 1/1/1901

Agriculture, Exempt – As defined by KRS 100.111.

Effective on: 1/1/1901

Agriculture, Non-Exempt – An agriculture use not meeting the definition of “Agriculture, Exempt” contained within this Ordinance.

Effective on: 1/1/1901

Agritourism – “Agritourism” means the act of visiting: (a) A farm or ranch; or (b) Any agricultural, horticultural, or agribusiness operation; for the purpose of enjoyment, education, or active involvement in the activities of the farm, ranch, or operation;

[Ord. No. 2023-02, Updating definition, 03/20/2023]

Effective on: 3/20/2023

Airport – An establishment primarily engaged in (1) operating international, national, or civil airports, or public flying fields: or (2) supporting airport operations, such as rental of hangar space, and providing baggage handling and/or cargo handling services (NAICS-488119).

Effective on: 1/1/1901

Alley – A public right-of-way which normally affords a secondary means of access to abutting property.

Effective on: 1/1/1901

All-Weather Surface – A hard surface, dust-free material capable, during ordinary use, of withstanding without substantial deterioration, normal weather conditions. Gravel, rock, or screenings alone, without use of a petroleum or cement binder, does not meet the definition of an all-weather, dust-free material.

Effective on: 1/1/1901

Animal Care – Any building or land used, designed or arranged for the care of animals without limited outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, kennel and doggy day care.

Effective on: 1/1/1901

Applicant – The individual or party applying for permits or other forms of approval required under the zoning ordinance for the City of Fort Mitchell.

Effective on: 1/1/1901

Area, Minimum Site – The minimum area required for a parcel to be platted in its prospective zoning district.

Effective on: 1/1/1901

Assembly, Commercial – Structures and land designed for 50 or more people to congregate for a commercial event or gathering. Activities are those with a commercial purpose and could include banquet facilities, arenas, theaters, and other event venues.

Effective on: 1/1/1901

Assembly, Institutional and Civic – Structures and land designed for 50 or more people to congregate for civic, social, religious, or non-commercial recreational functions. This definition includes but is not limited to theaters, coliseums, and worship centers.

Effective on: 1/1/1901

Athletic Fields – An outdoor space used for competitive field sports often on a grassy field with varying equipment (i.e. soccer, football, softball).

Effective on: 1/1/1901

Bar Or Drinking Place – This industry comprises establishments known as bars, taverns, nightclubs, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate consumption. These establishments may also provide limited food services (NAICS – 722410).

Effective on: 1/1/1901

Bed and Breakfast – The commercial rental of a bedroom within a private, owner-occupied, single-family detached dwelling unit which provides temporary accommodations and usually includes breakfast for overnight guests. These accommodations usually cater to tourists and travelling public and may also include reception space.

Effective on: 1/1/1901

Berm – A man-made earthen mound providing a visual or physical buffer for decorative, screening, buffering, or stormwater management purposes.

Effective on: 1/1/1901

Bioretention – A structural stormwater control system that captures and temporarily stores stormwater using soils and vegetation in landscaped areas to remove pollutants from stormwater runoff in accordance with Fort Michell's  stormwater specifications.

Effective on: 1/1/1901

Block – An area of land bounded on all sides by streets, waterways, railroads, or there like divisions. An alley shall not be used to form a boundary of a block.

Effective on: 1/1/1901

Boat Harbor, Marina – An establishment, which may be referred to as a marina, engaged in operating, docking and/or storage facilities for pleasure craft owners, with or without one or more related activities, such as retailing fuel and marine supplies; and repairing, maintaining, or renting pleasure boats (NAICS-713930).

Effective on: 1/1/1901

Brewery, Distillery, or Winery – An establishment primarily engaged in one or more of the following: brewing beer, ale, lager, malt liquors, and nonalcoholic beer (NAICS-312120); growing grapes and manufacturing wines and brandies; manufacturing wines and brandies from grapes and other fruits grown elsewhere; blending wines and brandies (NAICS-312130); distilling potable liquors (except brandies); distilling and blending liquors; and blending and mixing liquors and other ingredients (NAICS-312140).

Effective on: 1/1/1901

Buffer – An edge of a property designated for shielding or screening a view between two properties or the property and right-of-way.

Effective on: 1/1/1901

Build-to-Line – The alignment which establishes the distance from the right-of-way to a line where the primary building shall be built. Front porches and handicap ramps are exempt from build-to-lines but must occur behind the property line.

Effective on: 1/1/1901

Building – A structure that is fully enclosed. Buildings which abut one another or share a common wall but do not have an opening that connects the two will be considered separate buildings.

Effective on: 1/1/1901

Building Footprint – The horizontal area, seen in plan view, measured from the exterior of any enclosed structure on a property.

Effective on: 1/1/1901

Building Height – The vertical distance measured from the average building elevation to the top of the building if it has a flat, mansard, or roof with a slope of less than 1:1. Roofs with a slope greater than 1:1 shall have the top of the building be measured as the average height between eaves and ridges.

Effective on: 1/1/1901

Building Material Sales – An establishment primarily engaged in the merchant wholesale distribution of lumber; plywood; reconstituted wood fiber products; wood fencing; doors and windows and their frames (all materials); wood roofing and siding; and/or other wood or metal millwork (NAICS-423310); stone, cement, lime, construction sand, and gravel; brick; asphalt and concrete mixtures; and/or concrete, stone, and structural clay products (NAICS-423320); non-wood roofing and non-wood siding and insulation materials (NAICS-423330).

Effective on: 1/1/1901

Burden (of Proof) – The obligation to prove one’s view on a matter.

Effective on: 1/1/1901

Caliper, Tree – The diameter of the tree trunk measured at six inches above finished grade.

Effective on: 1/1/1901

Car Wash – An establishment primarily engaged in cleaning, washing, and/or waxing automotive vehicles, such as passenger cars, trucks, and vans, and trailers (NAICS-811192).

Effective on: 1/1/1901

Carport – A roofed accessory structure which is open to the outside providing shelter for private motor vehicles.

Effective on: 1/1/1901

Carpenter Shop, Electrical, Plumbing and Heating Shops, Furniture Upholstering and Similar Establishments – An establishment whose primary activity is performing specific activities involved in building construction or other activities that are similar for all types of construction, but that are not responsible for the entire project. The work performed may include new work, additions, alterations, maintenance, and repairs (NAICS-238).

Effective on: 1/1/1901

Cemeteries and Crematories – Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains and/or cremating the dead (NAICS-812220).

Effective on: 1/1/1901

Change of Use – The substitution of one use of a property or building for another which can require a change in development standards.

Effective on: 1/1/1901

Check Cashing and Title Loan Businesses – An establishment that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This definition shall not include a bank, savings & loan association, or credit union or other facility meeting the definition of financial and insurance services, and does not include establishments selling retail consumer goods, such as grocery stores, where the cashing of checks or money orders is incidental to the main purpose of the business. This definition includes establishments listed under NAICS-522390 – Other Activities Related to Credit Intermediation and NAICS-522298 - All Other Nondepository Credit Intermediation.

Effective on: 1/1/1901

Civic Club – See Bar or Drinking Place.

Effective on: 1/1/1901

Coin-Operated Laundries and Dry Cleaners – This industry comprises establishments primarily engaged in (1) operating facilities with coin-operated or similar self-service laundry and drycleaning equipment for customer use on the premises and/or (2) supplying and servicing coin-operated or similar self-service laundry and drycleaning equipment for customer use in places of business operated by others, such as apartments and dormitories (NAICS-812310).

[Ord. No. 2023-02, Adding definition, 03/20/2023]

 

Effective on: 3/20/2023

Collection Boxes – A small detached structure used for the deposit or collection of packages or donated household goods such as clothing and shoes, small appliances, toys, etc. This definition does not include collection boxes used by the USPS or other parcel services for collecting and delivering mail and packages.

Effective on: 1/1/1901

College or University – An establishment primarily engaged in furnishing academic, or academic and technical, courses and granting associate degrees, certificates, or diplomas below the baccalaureate level, and/or degrees at baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training. Instruction may be provided in diverse settings, such as the establishment’s or client’s training facilities, educational institutions, the workplace, or the home, and through diverse means, such as correspondence, television, the Internet, or other electronic and distance-learning methods. The training provided by these establishments may include the use of simulators and simulation methods (NAICS-611310 NAICS-611210).

Effective on: 1/1/1901

Commercial Message – A message that is primarily concerned with the marketplace of goods and services, or the economic interests of the speaker or the audience, or that proposes a commercial transaction.

Effective on: 1/1/1901

Commercial Printing – An establishment primarily engaged in commercial printing (except screen printing or book printing) without publishing (except grey goods printing). The printing processes used in this industry include, but are not limited to, lithographic, gravure, flexographic, letterpress, engraving, and various digital printing technologies. This industry includes establishments engaged in commercial printing on purchased stock materials, such as stationery, invitations, labels, and similar items, on a job-order basis. Establishments primarily engaged in traditional printing activities combined with document photocopying services (i.e., quick printers) or primarily engaged in printing graphical materials using digital printing equipment are included in this industry (NAICS 323111); and printing or printing and binding books and pamphlets without publishing (NAICS 323117).

Effective on: 1/1/1901

Community Center, Civic Center – An establishment primarily engaged in promoting civic, recreation, or social interests. Establishments in this industry may operate bars and restaurants for their members (NAICS-813410)

Effective on: 1/1/1901

Compact Vehicle – Shall include “Minicompact”, “Subcompact”, and “Compact” as defined by the U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy.

Effective on: 1/1/1901

Comprehensive Plan – The current, adopted comprehensive plan for Kenton County, Kentucky.

Effective on: 1/1/1901

Conditional Use – Per KRS 100.111.

Effective on: 1/1/1901

Construction – Any action or process of erection, fabrication, installation, alteration, demolition, or removal of any structure, building, etc. Including paving, landscaping, and earth moving.

Effective on: 1/1/1901

Construction Trailer or Sales Office – A trailer or similar structure used as a temporary office space in conjunction with a construction project or temporary/seasonal sales.

Effective on: 1/1/1901

Contour or Contour Line – A line on a map of joining points which represent the elevation above sea level.

Effective on: 1/1/1901

Convalescent Homes, Nursing Homes, and Assisted Living Facilities – Establishments that provide residential care combined with either nursing, supervisory, or other types of care (including physical rehabilitation) as required by the residents (NAICS-623). Included in this definition are Continuing Care Retirement Communities, which are establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for (1) the elderly and other persons who are unable to fully care for themselves and/or (2) the elderly and other persons who do not desire to live independently. Individuals live in a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. Assisted living facilities with on-site nursing care facilities are included in this industry (NAICS-623311).

[Ord. No. 2023-18, Amending definition, 01/18/2024]

Effective on: 1/18/2024

Conversions – A structure initially designed for single-family residential use which is now used for a non-residential purpose.

Effective on: 1/1/1901

Cottage Court – A group of three or more detached single-family or two-family dwellings located on a single lot and sharing a common court or yard.

Effective on: 1/1/1901

Covenant – An agreement that binds and restricts the use and management of land by the existing and future land owners. This private agreement is typically included in the property deed establishing rules and regulations on how a property can be developed. Also see Deed Restriction.

Effective on: 1/1/1901

Cultural Decorations – Decorative elements of a temporary nature intended for the acknowledgment of a cultural holiday or season, exclusive of decorations, which do not contain business, product sales, or service advertising content. Cultural decorations shall not be considered “signs.”

Effective on: 1/1/1901

Curb Cut – Any interruption or break in the line of a street curb in order to provide vehicular access to a street. In the case of streets without curbs, curb cuts shall represent construction of any vehicular access which connects to said street.

Effective on: 1/1/1901

Cutoff – A means of defining the light distribution of a light fixture based on candela per 1,000 lamp lumens. Light fixtures are rated as full cutoff, semi-cutoff, or non-cutoff.

Full cutoff – A light fixture is shielded or directed in a way which does not project any light above the horizontal line (less than 90 degrees).

Cutoff – A light fixture is shielded or directed in a way which limits the light rays emitted beyond the horizontal line (90 degrees). Of the light emitted only 2.5 percent of it shall emit beyond horizontal line (90 degrees) and only 10 percent shall be emitted beyond 80 degrees from the horizontal line.

Semi-cutoff – A light fixture is shielded or directed in a way which limits the light rays emitted beyond the horizontal line (90 degrees). Of the light emitted only five percent of it shall emit beyond horizontal line (90 degrees) and only 20 percent shall be emitted beyond 80 degrees from the horizontal line.

Non-cutoff – This light fixture does not limit the light emitting from the fixture allowing considerable amounts of light beyond the 90-degree cut off.

Effective on: 1/1/1901

Cut and Fill – The extraction of soil or other ground materials in one location to change the terrain of another nearby location. Also see Excavation.

Effective on: 1/1/1901

Day Care Or Adult Or Child Care Center, Type I – A commercial care center regularly providing adult or child care services for more than 4 adults or children in a non-residential setting.

Effective on: 1/1/1901

Day Care Or Adult Or Child Care Center, Type II – An establishment where care is regularly provided in a primary residence of the provider for 7 but not more than 12 adults or children including those related to the provider.

Effective on: 1/1/1901

Deed Restriction – A legal restriction on the use of land listed on the deed to a property. These are privately managed restrictions often occurring when the property or properties are subdivided. Also see Covenant.

Effective on: 1/1/1901

Demolition – Any act or process that destroys in part or in whole a building or structure.

Effective on: 1/1/1901

Density – The number of dwelling units per net area designated for residential use. This includes lots for residential development and planned open space, but does not include land associated with streets and other rights-of-way.

Effective on: 1/1/1901

Detention – A temporary collection and storage of stormwater to be gradually discharged into a body of water or stormwater drainage system; or infiltrated into the soil.

Effective on: 1/1/1901

District - see Zone.

Effective on: 1/1/1901

Drive-Up or Drive-Through – The component of some motor vehicle-oriented businesses which provides retail or services to patrons while they remain in their vehicles rather than the patrons entering the business.

 

Effective on: 1/1/1901

Driveway – A private roadway providing access for vehicles to access the property, parking, garage, dwelling, or other structures.

Effective on: 1/1/1901

Dry Cleaner – An establishment primarily engaged in one or more of the following: (1) providing dry cleaning services (except coin-operated); (2) providing laundering services (except linen and uniform supply or coin-operated); (3) providing drop-off and pick-up sites for laundries and/or drycleaners; and (4) providing specialty cleaning services for specific types of garments and other textile items (except carpets and upholstery), such as fur, leather, or suede garments; wedding gowns; hats; draperies; and pillows. These establishments may provide all, a combination of, or none of the cleaning services on the premises (NAICS-812320).

Effective on: 1/1/1901

Dwelling Unit – One or more rooms connected in a residential building or residential portion of a building, that are arranged, designed, used and intended for use by one or more persons living together as a unit and maintaining a common household. This can be an owner-occupied unit or a rental or lease.

Effective on: 1/1/1901

Dwelling, Multi-Family – A building or group of buildings containing five or more dwelling units such as apartments and condominiums. This definition does not include attached dwellings, rooming or boarding houses, or bed and breakfast establishments.

Effective on: 1/1/1901

Dwelling, Single-Family, Attached – A dwelling unit which houses a single tenant or family unit. These dwellings are however attached to an adjacent dwelling unit separated by a party wall or similar construction.

Effective on: 1/1/1901

Dwelling, Single-Family, Detached – A dwelling standing by itself and containing only one dwelling unit, separate from other dwellings by open space, but shall not include mobile homes.

Effective on: 1/1/1901

Dwelling, Three/Four-Family – A dwelling in which the building or structure is subdivided into three or four separate units to be rented or owned by separate tenants.

Effective on: 1/1/1901

Dwelling, Two-Family – A dwelling in which the building is subdivided into two separate units to be rented or owned by separate tenants.

Effective on: 1/1/1901

Easement – The granting, by the property owner, of use of land by a public, corporation, or person for a specific purpose. This purpose could include vehicular access, utility construction, drainage, etc.

Effective on: 1/1/1901

Electric Vehicle Service Center - An establishment involved in providing charging services and charging systems and battery repair and replacement services for electric vehicles.

 

[Ord. No. 2023-18, Add Definition, 01/18/2024] 

Effective on: 1/18/2024

Emergency Medical Facility/Urgent Care/Surgery Center – An establishment with physicians and other medical staff primarily engaged in: (1) providing surgical services (e.g., orthoscopic and cataract surgery) on an outpatient basis or (2) providing emergency care services (e.g., setting broken bones, treating lacerations, or tending to patients suffering injuries as a result of accidents, trauma, or medical conditions necessitating immediate medical care) on an outpatient basis. Outpatient surgical establishments have specialized facilities, such as operating and recovery rooms, and specialized equipment, such as anesthetic or X-ray equipment (NAICS-621493).

Effective on: 1/1/1901

Equipment Sales – An establishment primarily engaged in the merchant wholesale distribution of photographic equipment and supplies; office, computer, and computer peripheral equipment; and medical, dental, hospital, ophthalmic, and other commercial and professional equipment and supplies (NAICS-4234); construction, mining, farm, garden, industrial, service establishment, and transportation machinery, equipment, and supplies (NAICS-4238).

Effective on: 1/1/1901

Equipment Rental – An establishment primarily engaged in renting or leasing commercial-type and industrial-type machinery and equipment. Establishments included in this industry group are generally involved in providing capital or investment-type equipment that clients use in their business operations. These establishments typically cater to a business clientele and do not generally operate a retail-like or storefront facility (NAICS-4324).

Effective on: 1/1/1901

Equipment Repair – An establishment primarily engaged in the repair and maintenance of commercial and industrial machinery and equipment. Establishments in this industry either sharpen/install commercial and industrial machinery blades and saws or provide welding (e.g., automotive, general) repair services; or repair agricultural and other heavy and industrial machinery and equipment (NAICS-811310).

Effective on: 1/1/1901

Erosion – The removal or displacement of soil by the movement of water or wind.

Effective on: 1/1/1901

Excavation – Breaking ground, digging, mining, removal, or displacement of the natural surface of the earth regardless of its natural material. This does not include personal gardening, ground care, or agricultural activities.

Effective on: 1/1/1901

Fabrication, Light – The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

Effective on: 1/1/1901

Façade – An exterior wall of a building or structure that faces a public or private street.

Effective on: 1/1/1901

Family – One or more persons occupying a premises and living together as a single housekeeping unit.

Effective on: 1/1/1901

Family Child Care Home - A private home that is the primary residence of an individual who provides full- or part-time care day or night for six (6) or fewer children who are not the children, siblings, stepchildren, grandchildren, nieces, nephews, or children in legal custody of the provider.

Effective on: 1/1/1901

Farmer’s Market – Temporary or occasional outdoor retail sales of farm produce from vehicles or temporary stands, located within a parking lot, or a public right-of-way (where authorized by encroachment permit).

Effective on: 1/1/1901

Fence – An enclosure or barrier used as a visual and physical boundary to provide privacy or screen an area.

Effective on: 1/1/1901

Financial Services – An establishment primarily engaged in financial transactions (transactions involving the creation, liquidation, or change in ownership of financial assets) and/or in facilitating financial transactions (NAICS-52). This definition does not include establishments listed under NAICS-522390 – Other Activities Related to Credit Intermediation and NAICS-522298 - All Other Nondepository Credit Intermediation.

Effective on: 1/1/1901

Finish Grade – The final elevation and contours, established by a proposed design, of a parcel after it has been cut and filled.

Effective on: 1/1/1901

Flag Lot – A lot shaped and designed so that the main building site area is set back from the street on which it fronts and includes a narrow strip of land between abutting lots through which access is typically provided.

Effective on: 1/1/1901

Flood or Flooding - See Section 14.03 for definition related to the floodplain regulations.

Effective on: 1/1/1901

Floor Area Ratio – The total floor area of all structures on a lot divided by the area of the lot. This ratio is used to manage the development potential of a lot. The basement and areas below grade are not included in this calculation.

Effective on: 1/1/1901

Foot-candle - a unit of illumination equal to that given by a source of one candela at a distance of one foot (equivalent to one lumen per square foot or 10.764 lux).

Effective on: 1/1/1901

Frontage, Lot – All the property abutting one side of the right-of-way of a street, measured along the right-of-way line of the street between the intersecting lot lines. In no case shall the line along an alley be considered as frontage. For purposes of this definition, frontage for a building wall shall be measured for the wall that is most nearly parallel to that street. In no case shall the same building wall be considered to have more than one frontage.

Effective on: 1/1/1901

Funeral Home, Mortuary – An establishment primarily engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). Funeral homes combined with crematories are included in this industry (NAICS-812210).

Effective on: 1/1/1901

Garage Sales – The sale of miscellaneous used items commonly associated with residential use. This sale can occur on any portion of a residential lot whether inside or out. Other terminology includes sidewalk sale, yard sale, basement sale, rummage sale, and estate sale.

Effective on: 1/1/1901

Gas Station – An establishment which retails automotive fuels (e.g., gasoline, diesel fuel, gasohol, alternative fuels) and automotive oils or retail these products in combination with convenience store items. These establishments have specialized equipment for storing and dispensing automotive fuels (NAICS-447).

Effective on: 1/1/1901

Geotechnical Engineer, Qualified - A Geotechnical Engineer who individually, or whose firm, has been accepted onto the City of Cincinnati’s list of Qualified/Recognized Geotechnical Engineers.

Effective on: 1/1/1901

Golf Course, Country Club – An establishment primarily engaged in operating golf courses, along with dining facilities and other recreational facilities that are known as country clubs. These establishments often provide food and beverage services, equipment rental services, and golf instruction services (NAICS-713910).

Effective on: 1/1/1901

Grading – The engineered movement (excavation, filling or combination) of soil or ground materials to change the topography of a site.

Effective on: 1/1/1901

Grayfield (Development) – A specific type of infill development that occurs on previously developed parcels that are underused, obsolete, or in a state of disrepair or decline.

Effective on: 1/1/1901

Green Infrastructure – At the site scale, a collection of stormwater management systems that seek to reduce stormwater volume, treat stormwater runoff, increase groundwater recharge, and delay peak discharge rates. These systems may include one or more of the following: bioretention areas, stormwater planters, vegetated swales, permeable pavements, green roofs, and rainwater harvesting.

Effective on: 1/1/1901

Gross Floor Area – Total area of all floors of a building, measured from the outside of the exterior walls of the building. The number of square feet in a finished attic shall be counted to the extent that the height of the attic story is equal to or greater than seven feet, and the number of square feet in a finished basement shall be included, but the number of square feet in a basement other than a finished basement shall not be included. Accessory portions of a building such as non-enclosed porches, garages, carports, and uncovered steps or fire escapes are not included.

Effective on: 1/1/1901

Ground Cover – Low plants that grow to form a continuous cover over the ground, such as vinca, grass or like material.

Effective on: 1/1/1901

Heliport - Any landing place for helicopters.

Effective on: 1/1/1901

Home Occupation – An occupation for gain or support which is customarily conducted in the home, which is incidental to the use of the building or structure as a dwelling unit.

Effective on: 1/1/1901

Hospital – An establishment providing medical, diagnostic, and treatment services that include physician, nursing, and other health services to inpatients and the specialized accommodation services required by inpatients. Hospitals may also provide outpatient services as a secondary activity. Establishments in the Hospitals subsector provide inpatient health services, many of which can only be provided using the specialized facilities and equipment that form a significant and integral part of the production process (NAICS-622)

Effective on: 1/1/1901

Hotel, Motel – An establishment primarily engaged in providing short-term lodging in facilities known as hotels, motor hotels, resort hotels, and motels. The establishments in this industry may offer food and beverage services, recreational services, conference rooms, convention services, laundry services, parking, and other services (NAICS-721110).

Effective on: 1/1/1901

Ice Cream Truck – Motor vehicle in which ice cream, popsicles, ice sherbets, or other frozen desserts or any other prepackaged snack food items of any kind are carried for the purpose of retail sale on public streets.

Effective on: 1/1/1901

Illuminance – The measurable amount of light falling onto an illuminated area.

Effective on: 1/1/1901

Illumination, Concealed – An artificial light source that is shielded from public view and from surrounding properties.

Effective on: 1/1/1901

Illumination, Direct – An artificial light source that is designed and installed to illuminate all or a portion of a sign or structure.

Effective on: 1/1/1901

Illumination, Exposed – An artificial light source that is not shielded from public view or from surrounding properties.

Effective on: 1/1/1901

Illumination, External – Illumination cast on a sign or structure from an outside source.

Effective on: 1/1/1901

Illumination, Indirect – Incidental illumination cast on a sign from an external source.

Effective on: 1/1/1901

Illumination, Internal – A concealed light source that is recessed or contained within any element of a sign. This term includes signs commonly referred to as back-lit and knock-out signs.

Effective on: 1/1/1901

Impervious Coverage/Surface – Hard surfaces or man-made areas which do not easily absorb or retain water.

Effective on: 1/1/1901

Individual Services (ATM, Automated Retail Kiosk) – An outside automatic device that dispenses goods or services to the customer upon receipt of monetary compensation or performs limited banking functions. This use includes ATMs, self-service kiosks and reverse vending machines, but does not include indoor vending machines or ATMs.

Effective on: 1/1/1901

Indoor Commercial Recreation – A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

Effective on: 1/1/1901

Industrial – Activities that involve or are related to assembly, fabrication, finishing, manufacturing, packaging, or processing goods or raw materials.

Effective on: 1/1/1901

Infill – Development of any lot that is surrounded on at least two sides by existing development and at least one side by a public street.

Effective on: 1/1/1901

Inland Water Freight Transportation – This U.S. industry comprises establishments primarily engaged in providing inland water transportation of cargo on lakes, rivers, or intracoastal waterways (except on the Great Lakes System) (NAICS – 483211).

Effective on: 1/1/1901

Institutional – Public or semi-public use which often engages in public service.

Effective on: 1/1/1901

Intermittent – Occurring at irregular intervals; not continuous or steady.

Effective on: 1/1/1901

Junk, Scrap or Salvage Yards – Business operations primarily engaged in storing, dismantling, recovering, and recycling of remnant materials, including metals, unlicensed and inoperable vehicles and equipment (NAICS - 562920, 423140)

Effective on: 1/1/1901

Kennel – See Animal Care

Effective on: 1/1/1901

KCPC - Kenton County Planning Commission

Effective on: 1/1/1901

Kope Formation – This is a geological formation that is a bluish gray easily weathered shale with some limestone interbeds and thick colluvium, especially at base. Kope bedrock always requires special attention during and after construction as it is prone to erosion, slow and continuous downslope creep, and landslides.

Effective on: 1/1/1901

Landscape Area – An unpaved area that contains grass, shrubs, flowers, ground cover, trees, or native plant materials of any kind and which may include decorative fixtures or accouterments such as rocks, pools, and planters. Landscaped areas may also include non-living natural ground cover such as mulch, rocks, and stones. This does not include artificial plants, trees or vegetation.

Effective on: 1/1/1901

Landscaping – Any living organic plant material including trees, shrubs, flowers, ground cover, vegetation, vines, or grass.

Effective on: 1/1/1901

Large Modular Materials – Pre-assembled building components shipped to a construction site to expedite the construction of a structure or building.

Effective on: 1/1/1901

Library – An establishment primarily engaged in providing library or archive services. These establishments are engaged in maintaining collections of documents (e.g., books, journals, newspapers, and music) and facilitating the use of such documents (recorded information regardless of its physical form and characteristics) as required to meet the informational, research, educational, or recreational needs of their user. These establishments may also acquire, research, store, preserve, and generally make accessible to the public historical documents, photographs, maps, audio material, audiovisual material, and other archival material of historical interest. All or portions of these collections may be accessible electronically (NAICS-519120).

Effective on: 1/1/1901

Liquor Store – An establishment primarily engaged in retailing packaged alcoholic beverages, such as ale, beer, wine, and liquor (NAICS-445310).

Effective on: 1/1/1901

Live Staking – The practice of reintroducing plant life along a stream bed that has had its vegetation removed. This methodology cuts stems from trees during the dormant season and transplants them onto streambanks where they eventually grow into new trees that establish a root system that will hold soil in place.

Effective on: 1/1/1901

Live/Work Dwelling – A single-family unit which is used as a dwelling and a non-residential use permitted in that district. This non-residential use should be primarily owned and operated by the residents who live there.

Effective on: 1/1/1901

Lot Area – The total horizontal area contained within the lot lines.

Effective on: 1/1/1901

Lot Coverage – The measured intensity of a land use based on the proportion of the site which is covered by impervious surfaces.

Effective on: 1/1/1901

Lot, Corner – A lot that is located at the intersection of two or more thoroughfares, or on a curved street on which the interior angle is less than 135 degrees.

Effective on: 1/1/1901

Lot Line – A property line which bounds the lot.

Effective on: 1/1/1901

Lot of Record – A lot, the boundaries of which are filed as legal records.

Effective on: 1/1/1901

Manufacturing, Heavy – Establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products. The assembling of component parts of manufactured products is considered manufacturing (NAICS-31-33).

Effective on: 1/1/1901

Manufactured Home – As defined by KRS 100.348 (2)(c).

Effective on: 1/1/1901

Manufactured Home, Qualified – As defined by KRS 100.348 (2)(d).

Effective on: 1/1/1901

Marquee – A permanent roofed structure that projects beyond a building, sometimes into public property, to provide protection from the weather.

Effective on: 1/1/1901

Masonry – The use of cut stone as a façade treatment and construction material.

Effective on: 1/1/1901

Master Plan – A comprehensive long-range plan intended to guide the development and growth of a community or region. Such plans typically, include a land-use plan, transportation improvements, analysis, and recommendations.

Effective on: 1/1/1901

Median – An area located in the general center of a street or highway used to separate the directional flow of traffic. It may contain vegetation, turn lanes, curb and gutters, pedestrian walkways, and similar features.

Effective on: 1/1/1901

Medical Office – Industries considered as medical offices (Ambulatory Health Care Services) subsector provide health care services directly or indirectly to ambulatory patients and do not usually provide inpatient services. Health practitioners in this subsector provide outpatient services, with the facilities and equipment not usually being the most significant part of the production process (NAICS-621). Included in this definition are Offices of Physical, Occupational and Speech Therapists, and Audiologists comprised of establishments of independent health practitioners primarily engaged in one of the following: (1) providing physical therapy services to patients who have impairments, functional limitations, disabilities, or changes in physical functions and health status resulting from injury, disease or other causes, or who require prevention, wellness or fitness services; (2) planning and administering educational, recreational, and social activities designed to help patients or individuals with disabilities regain physical or mental functioning or adapt to their disabilities; and (3) diagnosing and treating speech, language, or hearing problems. These practitioners operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers. (NAICS-621340).

[Ord. No. 2023-18, amending definition, 01/18/2024]

Effective on: 1/18/2024

Meeting, Banquet, or Conference Facility – This industry comprises establishments primarily engaged in organizing, promoting, and/or managing events, such as business and trade shows, conventions, conferences, and meetings (whether or not they manage and provide the staff to operate the facilities in which these events take place) (NAICS-561920).

Effective on: 1/1/1901

Mining, Quarrying and Crude Petroleum and Natural Gas Production - This use includes the mining, quarrying, and oil and gas extraction sector comprises establishments that extract naturally occurring mineral solids, such as coal and ores; liquid minerals, such as crude petroleum; and gases, such as natural gas. The term mining is used in the broad sense to include quarrying, well operations, beneficiating, and other preparation customarily performed at the mine site, or as a part of mining activity (NAICS-21).

Effective on: 1/1/1901

Mini-Warehouse, Personal Storage – This industry comprises establishments primarily engaged in renting or leasing space for self-storage. These establishments provide secure space (i.e., rooms, compartments, lockers, containers, or outdoor space) where clients can store and retrieve their goods (NAICS-531130).

Effective on: 1/1/1901

Mixed Use - A land use where three or more significant uses are permitted (such as retail/entertainment, office, residential, hotel, light industrial and/or civic/cultural/recreation) that, in well planned projects, are mutually supporting. These uses may be combined on a lot, within a structure, or within an overall development.

Effective on: 1/1/1901

Mobile Home – As defined by KRS 219.320 (4)

Effective on: 1/1/1901

Mobile Food Sales – A temporary establishment engaged in the retail sale of prepared food for consumption, on site or offsite, from a movable vehicle, portable structure, or pushcart.

Effective on: 1/1/1901

Modular Home – An industrialized building system that is designed as a residence which is not a manufactured home or mobile home.

Effective on: 1/1/1901

Motor Vehicle Sales and Rental – This industry group comprises establishments primarily engaged in retailing new and used automobiles and light trucks, such as sport utility vehicles, and passenger and cargo vans (NAICS-4411);

Effective on: 1/1/1901

Motor Vehicle Service, Major – This industry group comprises establishments involved in providing repair and maintenance services for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. Establishments in this industry group employ mechanics with specialized technical skills to diagnose and repair the mechanical and electrical systems for automotive vehicles, repair automotive interiors, and paint or repair automotive exteriors. (NAICS-8111)

Effective on: 1/1/1901

Motor Vehicle Service, Minor – This industry comprises establishments primarily engaged in providing automotive repair and maintenance services (except mechanical and electrical repair and maintenance; transmission repair; and body, paint, interior, and glass repair) for automotive vehicles, such as passenger cars, trucks, and vans, and all trailers. (NAICS-81119)

Effective on: 1/1/1901

Mural - A hand-painted or hand-tiled work of visual art which displays primarily non-verbal graphic(s) or non-verbal image(s), and may display incidental word(s) subject to regulations, that is either affixed to or painted directly on the exterior wall of a structure.  A mural is not considered a billboard or a sign.

Effective on: 1/1/1901

Museum – This industry comprises establishments primarily engaged in the preservation and exhibition of objects of historical, cultural, and/or educational value (NAICS-712110).

Effective on: 1/1/1901

N/A – Where used in these regulations, the particular requirement is “not applicable.”

Effective on: 1/1/1901

Navigational Services to Shipping - This industry comprises establishments primarily engaged in providing navigational services to shipping. Marine salvage establishments are included in this industry (NAICS – 488330).

Effective on: 1/1/1901

Nit – A measure of luminance. One nit is equal to one candela per square meter (1cd/m2). Ten thousand nits are equal to one stilb. A candela, on which the definition is based, is a unit of measurement of the intensity of light. Part of the SI system of measurement, one candela (cd) is the monochromatic radiation of 540THz with a radiant intensity of 1/683 watt per steradian in the same direction. Another way of putting it is that an ordinary wax candle generates approximately one candela.

Effective on: 1/1/1901

Non-commercial Message - A message that pertains primarily to debate in the marketplace of ideas. Such messages typically cover subjects such as politics, religion, philosophy, social policy, as well as commentary on sports, arts and entertainments. There is no on-site/off-site distinction as to non-commercial messages.

Effective on: 1/1/1901

Nonconformity – An activity or a building, structure or a portion thereof which lawfully existed before the adoption or amendment of this Ordinance, but which does not conform to all the current regulations contained in this Ordinance which pertain to the zone in which it is located.

Effective on: 1/1/1901

Nonconforming Lot - A platted lot or parcel of land that does not conform to the provisions of this Ordinance for the zone district(s) in which it is located, but was lawful for sale or development at the time it was created.

Effective on: 1/1/1901

Nonconforming Sign - A sign that does not conform to the provisions of this Ordinance, but was lawful at the time it was erected.

Effective on: 1/1/1901

Nonconforming Site Feature - A feature of a developed lot, parcel, or site, such as landscaped area, parking, or lighting, that does not conform to the provisions of this Ordinance, but was lawful at the time the lot, parcel, or site was last developed or redeveloped.

Effective on: 1/1/1901

Nonconforming Structure - A building or structure that does not conform to the provisions of the building and/or zoning regulations, but was lawfully constructed according to the building and zoning provisions existing at the time of such construction.

Effective on: 1/1/1901

Nonconforming Use - A use of land that does not conform to the requirements of this Ordinance, but was lawfully established at the time the use commenced.

Effective on: 1/1/1901

Nursery/Garden Supply – An establishment primarily engaged in growing crops of any kind under cover and/or growing nursery stock and flowers. “Under cover” is generally defined as greenhouses, cold frames, cloth houses, and lath houses. The crops grown are removed at various stages of maturity and have annual and perennial life cycles. The nursery stock includes short rotation woody crops that have growth cycles of 10 years or less (NAICS-1114).

Effective on: 1/1/1901

Nuisance - Any thing, condition, or conduct that endangers health and safety, or unreasonably offends the senses, or obstructs the free use and comfortable enjoyment of property, or essentially interferes with the comfortable enjoyment of life.

Effective on: 1/1/1901

Occupation – The partial or entire possession or lease of a property by a business or person(s).

Effective on: 1/1/1901

Office – A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

Effective on: 1/1/1901

Off-Street Parking Lot, Non-Accessory - A tract of land which is used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot, and which contains parking spaces rented to the general public or reserved for individuals by the hour, day, week, or month.

Effective on: 1/1/1901

On-farm Sales, Direct Selling Establishments – An establishment primarily engaged in retailing merchandise (except food for immediate consumption and fuel) via direct sale to the customer by means, such as in-house sales (i.e., party plan merchandising), truck or wagon sales, and portable stalls (i.e., street vendors) (NAICS-454390).

Effective on: 1/1/1901

Open Space - Any publicly dedicated or privately-owned area of land or water that is permanently preserved and maintained. Such an area may be predominately in a natural condition or improved or modified for uses such as recreation, education, aesthetics, cultural or natural resource management or public health and safety.

Effective on: 1/1/1901

Outdoor Commercial Recreation – An open area offering entertainment or sports, athletics or games of skill to the general public. This definition includes facilities such as golf courses, swimming pools, baseball/softball fields; live entertainment or performances; boat and canoe rentals; fishing lake operations; go cart raceways; scenic railroads; and drive-in theaters.

Effective on: 1/1/1901

Outdoor Display and Sales, On-going – The outdoor display and sale conducted by the proprietor of products normally sold inside a retail establishment occurring continuously or at regular intervals.

Effective on: 1/1/1901

Outdoor Display and Sales, Temporary – The outdoor display and sale conducted by the proprietor of products normally sold inside a retail establishment occurring intermittently.

Effective on: 1/1/1901

Outdoor Storage – Use of an area for the long-term deposit (more than 24 hours) of any usable goods, material, merchandise, or licensed vehicles.

Effective on: 1/1/1901

Overlay Zone (or District) - A special district or zone which addresses special land use circumstances or environmental safeguards and is superimposed over the underlying existing zoning districts.

Effective on: 1/1/1901

Parapet - An extension of the main exterior walls of a building above the roof level.

Effective on: 1/1/1901

Park – Any public or private land available for recreational, educational, cultural, or aesthetic use.

Effective on: 1/1/1901

Parking Area - Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets.

Effective on: 1/1/1901

Parking Bay – Two rows of parking that are back to back.

Effective on: 1/1/1901

Parking, Shared - Joint use of a parking area, or portion thereof, for more than one establishment.

Effective on: 1/1/1901

Parking Row - A single drive aisle lined on one or both sides with parking spaces.

Effective on: 1/1/1901

PDS - Planning and Development Services of Kenton County.

Effective on: 1/1/1901

Permitted Use - A use that is specifically authorized by right, as identified in the Table of Permitted and Conditional Uses.

Effective on: 1/1/1901

Person with a Disability – Per KRS 100.982.

Effective on: 1/1/1901

Personal Services – This industry group comprises of establishments primarily engaged in providing personal care services such as hair care and aesthetic services, hair replacement and scalp treatment services, massage services, diet counseling services.

Effective on: 1/1/1901

Planned Unit Development (PUD) - A zoning district consisting of a unified land development of one or more parcels which utilizes property specific development regulations to produce more creative, quality, and flexible design than would be developed under a traditional zoning district.

Effective on: 1/1/1901

Plat – A document that delineates property lines and depicts other important features of a development on a property. This document is submitted to a governmental entity for the purposes of subdividing land.

Effective on: 1/1/1901

Practicable – Doable, feasible

Effective on: 1/1/1901

Practical - Useful

Effective on: 1/1/1901

Principal Building - The primary structure located on a lot, and designed for a use or occupancy that is a permitted primary use in the zone applicable to the lot. Synonymous with Primary Building.

Effective on: 1/1/1901

Principal Use - The primary use of any lot or parcel as determined by the Zoning Administrator based on the land or building area occupied by the use, the percentage of economic activity represented by the use, the importance of the use to the function of the property, or the impacts created by the use. Synonymous with Primary Use.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Railroad Facilities – An establishment primarily engaged in operating railroads (except street railroads, commuter rail, urban rapid transit, and scenic and sightseeing trains). Line-haul railroads and short-line railroads are included in this industry (NAICS-48211).

Effective on: 1/1/1901

Recreational Vehicle - A vehicle, such as a motor home, travel trailer, truck/camper combination or camper trailer that is designed for recreational or emergency purposes and that may be moved on public highways without any special permit for long, wide or heavy loads.

Effective on: 1/1/1901

Redevelopment – Development of a lot that was previously used for the same or a different purpose. These lots may contain some vestiges of prior use in the form of buildings, pavement, etc. that may need to be removed, moved, or substantially reconstructed or altered prior to reuse.

Effective on: 1/1/1901

Rehabilitation Home - A building or group of buildings providing residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorders, or as a condition of their parole or probation. Such homes may provide counseling in educational, vocational, or other areas by a paid or volunteer staff and generally have 24-hour-a-day supervision. A rehabilitation home is not transitional housing. This definition does not apply to residential care facilities regulated by KRS 100.982 through KRS 100.984. This term does not include uses more specifically defined, such as hospitals and medical clinics.

Effective on: 1/1/1901

Research and Development – An establishment engaged in conducting original investigation undertaken on a systematic basis to gain new knowledge (research) and/or the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development). Techniques may include modeling and simulation. The industries within this industry group are defined on the basis of the domain of research; that is, on the scientific expertise of the establishment (NAICS-5417).

Effective on: 1/1/1901

Residential Care Facility – A residence operated and maintained by a sponsoring private or governmental agency to provide services in a homelike setting for persons with disabilities, per KRS 100.982.

Effective on: 1/1/1901

Restaurant – An establishment primarily engaged in providing food services. Some establishments in this industry may provide these food services in combination with selling alcoholic beverages (NAICS-722513). Included in this definition are establishments primarily engaged in (1) preparing and/or serving a specialty snack, such as ice cream, frozen yogurt, cookies, or popcorn, or (2) serving nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snack, nonalcoholic beverage, and other related products (e.g., coffee beans, mugs, coffee makers) but generally promote and sell a unique snack or nonalcoholic beverage. (NAICS-722515). Also included in this definition are establishments, known as cafeterias, grill buffets, or buffets, primarily engaged in preparing and serving meals for immediate consumption using cafeteria-style or buffet serving equipment, such as steam tables, refrigerated areas, display grills, and self-service nonalcoholic beverage dispensing equipment, where patrons select from food and drink items on display in a continuous cafeteria line or from buffet stations. (NAICS Code #722514).

Drive-In – A restaurant where consumption of food on the premises is encouraged (in car), and where food is provided by “car-hop” or self-service.

Drive-Through – A restaurant with a business function that is designed or intended to be used for sales or services to patrons who remain in their vehicle.

Carryout – A restaurant which does not have sit down eating arrangements and consumption of food on the premises is not provided.

Sit-Down – Those restaurants which provide seating arrangements.

[Ord. No. 2023-18, amending definition, 01/18/2024]

Effective on: 1/18/2024

Retail Store – An establishment primarily engaged in the selling of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. Included in this definition are food and beverage stores (NAICS-445), including grocery stores (NAICS-44511), and pharmacies and drug stores (with or without drive-through or pickup windows) (NAICS-446110).

 

[Ord. No. 2023-18, amending definition, 01/18/2024]

Effective on: 1/18/2024

Retention – The permanent on-site storage and maintenance of stormwater.

Effective on: 1/1/1901

Rezoning - Refers to a map amendment detailed in Article 13.

Effective on: 1/1/1901

Ridgelines – A line connecting high points of elevation along a ridge and separates drainage basins or small-scale drainage systems.

Effective on: 1/1/1901

Right-of-Way – This refers to the area which roadways, sidewalks, trails, utilities are often located within. This land is often publicly owned and maintained by a city, county, or state.

Effective on: 1/1/1901

Riparian Corridor - Land areas adjacent to a stream, wetlands, or other body of water that contain vegetation, habitats, and ecosystems associated with bodies of water or dependent on the flow of water in the adjacent stream, wetlands, or other water body. A riparian area will vary in width depending on the particular stream, wetlands, or other body of water.

Effective on: 1/1/1901

Riprap – A layer of protective mounds of rubble or stone randomly placed to as a preventative measure against erosion.

Effective on: 1/1/1901

Roadway - A right-of-way reserved for motor vehicles. The term shall include public and private streets and alleys; and private motor courts, loop lanes, drive lanes, but shall not include driveways as defined in this Ordinance.

Effective on: 1/1/1901

Root Wad – An erosion prevention method along waterways which utilized upended tree root systems. These roots slow water passing by reducing erosion while also providing aquatic habitats.

Effective on: 1/1/1901

School, Primary or Secondary – An institution providing full-time instruction and including accessory facilities traditionally associated with a program of study which meets the requirements of the laws of the state.

Effective on: 1/1/1901

Screening - Visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Effective on: 1/1/1901

Sedimentation Basin – An area designed to reduce the velocity of water, so it can no longer transport suspended materials. This allows gravity to force any suspended materials to be deposited in the basin.

Effective on: 1/1/1901

Self-Storage – See Mini-Warehouse.

Effective on: 1/1/1901

Setback - The distance by which any building or structure is separated from a street right-of-way or lot line.

Setback Line - A line that is positioned within a lot and away from a specified lot line by a distance equal to the specified minimum required setback within the district. Principal and accessory structures shall not be erected or placed on the exterior side of any setback line.

Setback Line, Front - A setback line positioned away from any street right-of-way by a distance equal to the minimum required front setback, parallel to the street right-of-way. In the case of flag lots, the front setback shall be measured not from the street right-of-way, but from the lot line or lines that are the closest to and most nearly parallel to the street right-of-way and are not a part of the flag stem (See Section 5.06).

Setback Line, Rear - A setback line positioned away from the lot line more nearly opposite the principal building's front facade, by a distance equal to the minimum required rear setback. In the case that the rear setback line intersects a front setback line, which may be the case for some corner lots, for example, the rear setback line shall terminate at the intersection. In the case that more than one lot line is most nearly opposite the principal building's front facade, the regulations within Section 5.06, E., shall be used to determine from where the rear setback is measured.

Setback Line, Side - A setback line positioned away from all other lot lines that are not subject to a front setback line or rear setback line a distance equal to the minimum required side setback, and terminating at its intersection with any other setback line(s).

Effective on: 1/1/1901

Sexually Oriented Business – See Section 14.04

Effective on: 1/1/1901

Shooting Range or Archery – An establishment primarily engaged in providing qualifications, training or practice services related to firearms or archery (NAICS-713990).

Effective on: 1/1/1901

Short Term Rental, Owner Occupied - A dwelling unit or room that is rented, leased, or assigned for a tenancy of less than thirty consecutive days in duration and where no meals are served or provided by the host to any guest. The owner/operator of the short-term rental resides on the premises while the rental unit or room is being rented. This term shall not include hotel or motel rooms, extended stay lodging facilities, bed and breakfast inns, or boarding and lodging rooms. This term also does not include an agreement between a buyer and a seller during a real estate transaction.

Effective on: 1/1/1901

Short-Term Rental, Non-Owner Occupied - A dwelling unit or room that is rented, leased, or assigned for a tenancy of less than thirty consecutive days in duration and where no meals are served or provided by the host to any guest. The owner/operator of the short-term rental does not reside on the premises. This term shall not include hotel or motel rooms, extended stay lodging facilities, bed and breakfast inns, or boarding and lodging rooms. This term also does not include an agreement between a buyer and a seller during a real estate transaction.

Effective on: 1/1/1901

Shrub – A self-supporting woody perennial ranging in height from six inches to 20 feet. Shrubs are characterized by multi-stemmed growth habits and may be deciduous or evergreen.

Effective on: 1/1/1901

Siding – The outer covering or cladding of a house, made of wood, fiber cement, or a composite material, meant to shed water and protect the house from the effects of weather.

Effective on: 1/1/1901

Sign – Any device, fixture, placard or structure, including its component parts, which by display of a visual image draws attention to an object, product, place, activity, opinion, idea, person, institution, organization or place of business, or which identifies or promotes the interests of any person, and which is visible from any public street, road, highway, right-of-way or parking area.

Effective on: 1/1/1901

Sign, Animated – A sign which uses movement or change of lighting to simulate action or motion.

Effective on: 1/1/1901

Sign, Attached – A sign that is physically attached to a building, curb, lamp post, telephone pole, telegraph pole.

Effective on: 1/1/1901

Sign, Billboard – A sign, having an area greater than 25 square feet which meets any one or more of the following criteria:

• A permanent structure sign which is used for the display of off-site commercial messages;
• A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located; or
• An outdoor sign used as advertising for hire, i.e., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign), in exchange for a rent, fee or other consideration.

Effective on: 1/1/1901

Sign, Building Marker – A plaque or sign board attached to, carved into, or painted on a building face identifying the building, commemorating an event, or providing information to pedestrians on the property.

Effective on: 1/1/1901

Sign, Canopy/Awning – A sign painted on, woven in, or attached to a canopy or awning. Canopies and awnings are roof-like covers that project from the wall of a building providing cover over a door, window, or patio or, in the case of canopies, are freestanding for the purposes of shielding from the elements such as over a service station island or sidewalk. Canopies and awnings may be made of fabric, plastic, or metal. The terms canopy and awning signs do not include marquee signs.

Effective on: 1/1/1901

Sign, Changeable Copy – A type of sign on which the copy changes either automatically through the use of electronic or electro-mechanical technology or manually through the hand placement of letters, numerals, or symbols.

Effective on: 1/1/1901

Sign, Commercial Message – Words, symbols, logos, pictures or any combination thereof that identify which directs attention to a business, commodity, service or entertainment sold or offered for sale or a fee.

Effective on: 1/1/1901

Sign, Detached – Any sign erected on a freestanding frame, foundation, mast or pole and not attached in any way to any building. Every face of a freestanding sign shall be considered as a separate sign for purposes of computing the sign area.

Effective on: 1/1/1901

Sign, Directory – Any sign providing way-finding information by identifying occupants of specific buildings or units within a building and, where necessary, providing directions for finding such building or unit

Effective on: 1/1/1901

Sign, Drive-Thru – A permanent sign, whether attached or freestanding, that provides information on products or services or otherwise facilitates a business transaction at a drive-thru service location.

Effective on: 1/1/1901

Sign, Face – Any surface of a sign or device upon which information or advertising is placed, displayed or illustrated. The term “sign face” does not include any portion of the support structure for the sign; provided that no message, symbol, graphic, logo, or any of the elements of a “sign” is placed on or designated as part of the support structure.

Effective on: 1/1/1901

Sign, Flag – Signs emblazoned on any type of flag or blade intended to be displayed in a free-flowing manner. This category does not include exempted governmental and institutional flags.

Effective on: 1/1/1901

Sign, Ground – A sign created or painted directly on the ground, including rocks, without a man-made support structure.

Effective on: 1/1/1901

Sign, Iconic/Historic – A sign that has been designated by the Fort Mitchell City Council as a historic feature or landmark of a building or the community, or one that has become so important to the community that it is valued long after its role as a commercial marker has ceased.

Effective on: 1/1/1901

Sign, Legible – A sign or message is “Legible” when it can be understood by a person with an eighth-grade education (or more). Where this Article requires a determination of “visibility” or “legibility,” the standard shall be based on the eyesight of an adult eligible to receive a Kentucky driver’s license (wearing any corrective lenses required by such license). Where the height of the person is material to the determination, the person shall be presumed to be more than five feet and less than six feet tall.

Effective on: 1/1/1901

Sign, Marquee – A permanent canopy projecting over an entrance that is often illuminated and ornate and which incorporates a permanent large changeable message center.

Effective on: 1/1/1901

Sign, Monument – Any permanent freestanding sign that is detached from a building or structure and sits on the ground on a solid-appearing base with no exposed structural supports.

Effective on: 1/1/1901

Sign, Pole - A freestanding sign visibly supported by one or more poles that are placed on or anchored permanently in the ground or other surface independent from any building or other structure.

Effective on: 1/1/1901

Sign, Portable – A freestanding and self-supporting moveable sign normally placed near a public street.

Effective on: 1/1/1901

Sign, Principal – The main freestanding sign on a site. The term is used to distinguish such a sign from other freestanding signs that may be allowed on multi-tenant or large sites.

Effective on: 1/1/1901

Sign, Projecting – A sign that is wholly or partly dependent upon a building for support and that projects at an angle away from the building so that the leading edge extends more than six inches beyond the building wall.

Effective on: 1/1/1901

Sign, Roof - A building-mounted sign erected upon or completely over the roof of a building or extending above a parapet or cornice.

 

Effective on: 1/1/1901

Sign, Sidewalk - A free-standing and self-supporting moveable sign designed to be displayed on a sidewalk or area outside of and adjacent to a place of business and oriented towards pedestrians and slow-moving traffic.

Effective on: 1/1/1901

Sign, Temporary – A sign which is not permanently affixed. This definition is intended to include all devices such as banners, pennants, flags, searchlights, twirling or sandwich-type signs, sidewalk or curb signs and balloons or other air or gas-filled figures.

Effective on: 1/1/1901

Sign, Wall – A building-mounted sign attached to, displayed, or painted on an exterior wall in a manner parallel with the wall surface, which does not project more than 16 inches from the wall surface.

Effective on: 1/1/1901

Sign, Window – A sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door which is clearly legible to persons outside the building.

Effective on: 1/1/1901

Sign, Vehicle – Any device meeting the definition of “motor vehicle” under KRS.186.010.

Effective on: 1/1/1901

Site – One or more lots or parcels of land that, for purposes of a development application, are used as a single unit.

Effective on: 1/1/1901

Site Improvements – Constructed utilities, roads, driveways, parking areas, landscaping, sidewalks, or structures on a site.

Effective on: 1/1/1901

Site Plan – A term used to describe illustrations and drawings that must be submitted for zoning approval. See the application for specific submittal requirements.

Effective on: 1/1/1901

Stacking Space – The space devoted to vehicle waiting areas associated with a drive through or drive up facility.

Effective on: 1/1/1901

Stadium – A structure with tiers of seats rising around a playing surface, intended to be used primarily for the viewing of athletic events. Sports arena may also be used for entertainment and other public gathering purposes, such as conventions, circuses, or concerts.

Effective on: 1/1/1901

Street – A public or private thoroughfare (e.g. roads, highways, drives, lanes, avenues, etc.) which provides access to adjacent properties.

Effective on: 1/1/1901

Street Tree - A tree or group of trees planted along a street or within a median to enhance visual quality of a street and to provide canopy coverage over pavement.

Effective on: 1/1/1901

Streetscape - The elements that constitute the physical makeup of a street and that, as a group, define its character including but not limited to the traveled way, bicycle and pedestrian facilities, building frontage, furnishings, landscaping, signs, and lighting.

Effective on: 1/1/1901

Structure - Anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having fixed location on the ground.

Effective on: 1/1/1901

Studios (for Work or Teaching) – An establishment primarily engaged in offering instruction in the arts, including dance, art, drama, and music (NAICS-611610). This can include work space for artists or artisans, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises, instructional materials, and instructional space for small groups of students.

Effective on: 1/1/1901

Subdivision – The division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of sale, lease, or building development, or if a new street is involved, any division of a parcel of land; providing that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision.

Effective on: 1/1/1901

Substantial Construction - The completion of the in-ground permanent foundations, including slab on grade, for one or more buildings of the development plan.

Effective on: 1/1/1901

Tattoo or Body Art Services – An establishment primarily engaged in providing personal care services related to body art services. This can include one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Effective on: 1/1/1901

Temporary - An activity, use, or improvement characterized by short-term or seasonal nature with the intent to discontinue such use upon the expiration of such permitted time, and that does not involve the construction or alteration of any permanent structure.

Effective on: 1/1/1901

Theater – An establishment primarily engaged in motion picture or live theatrical presentations: musicals; operas; plays; and comedy, improvisational, mime, and puppet shows and establishments, commonly known as dinner theaters, engaged in producing live theatrical productions and in providing food and beverages for consumption on the premises. Theater groups or companies may or may not operate their own theater or other facility for staging their shows.

Effective on: 1/1/1901

Topography – The physical land formations, such as mountains, valleys, ridgelines, etc., which are represented through elevation and slope.

Effective on: 1/1/1901

Tree - A self-supporting woody perennial reaching a mature height of at least 8 feet. Trees are further classified for the purposes of these standards as shade, flowering or non-flowering, evergreen, and street trees.

Effective on: 1/1/1901

Tree, Evergreen - A tree species with foliage that persists and remains green year-round.

Effective on: 1/1/1901

Tree, Ornamental Flowering or Nonflowering - A tree species that reaches a mature height of 8-25 feet, selected for its attractive flowers, foliage, or branching pattern.

Effective on: 1/1/1901

Tree, Shade - A tree species, usually deciduous, that normally grows with one main trunk and has a canopy that screens the sun in the summer.

Effective on: 1/1/1901

Tree Revetments – This form of streambank erosion control makes use of an entire tree placed parallel to the stream's flow slowing the water reducing erosion and allowing sand and silt to settle.

Effective on: 1/1/1901

Truck Terminals – A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office.

Effective on: 1/1/1901

Unlisted Use - A use that is not specifically included in the table of Permitted and Conditional Uses. Please refer to Section 4.02 for determination of use category.

Effective on: 1/1/1901

Upper Floor Housing – Housing located within a multi-use building where the lower level(s) of the building are occupied by non-residential uses.

Effective on: 1/1/1901

Use - The purpose or activity for which land or buildings are designed, arranged, or intended or for which land or buildings are occupied or maintained.

Effective on: 1/1/1901

Utilities and Related Facilities, Public or Quasi-Public – Industries in the utilities subsector provide electric power, natural gas, steam supply, water supply, and sewage removal through a permanent infrastructure of lines, mains, and pipes. Establishments are grouped together based on the utility service provided and the particular system or facilities required to perform the service (NAICS-221).

Effective on: 1/1/1901

Variance – Per KRS 100.111.

Effective on: 1/1/1901

Vehicle - Any device capable of moving itself or being moved from place to place upon wheels or tracks, as well as devices capable of being moved on or through water or air, such as boats or airplanes, but such term shall not include any device designed to be moved by muscular power.

Effective on: 1/1/1901

Viewshed – The area within view from a point of observation.

Effective on: 1/1/1901

Warehouse and Logistics – An establishment primarily engaged in arranging transportation of freight between shippers and carriers. These establishments are usually known as freight forwarders, marine shipping agents, or customs brokers and offer a combination of services spanning transportation modes (NAICS-488510); operating merchandise warehousing and storage facilities. These establishments generally handle goods in containers, such as boxes, barrels, and/or drums, using equipment, such as forklifts, pallets, and racks. They are not specialized in handling bulk products of any particular type, size, or quantity of goods or products (NAICS-493110).

Effective on: 1/1/1901

Wetlands - Areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Effective on: 1/1/1901

Winery - Any place or premises in which wine is manufactured from any fruit, or brandies are distilled as a by-product of wine or other fruit, or cordials are compounded, except a place or premises that manufactures wine for sacramental purposes exclusively. Complimentary samples, a restaurant, and retail sales, are permitted as allowed under KRS 243.155.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Yard – An open space on the same lot with a principal building, open, unoccupied, and unobstructed by buildings from the ground to the sky except as otherwise provided in this Ordinance. 

Front Yard area consists of:

1. All area(s) street-ward of the front yard setback line(s); and
2. All area(s) in front of the front face of the principal structure; and
3. All area(s) in front of lines projected laterally from the lateral-most front corners of the principal structure.

Side Yard area consists of:

4. All area(s) lateral to the principal structure, bounded by
   1. Lines projected laterally from the lateral-most front corners of the principal structure and from the lateral-most rear corners of the principal structure, and
   2. Lot line(s) or front yard setback line(s), whichever is closer to the structure.

Rear Yard area consists of:

5. All area(s) behind the principal structure, except any area street-ward of a front yard setback line, and
6. All area(s) behind lines projected laterally from the lateral-most rear corners of the principal structure.

See Section 5.07 for how yards are delineated.

In the case of a(n):

Effective on: 1/1/1901

Zone - An established area within the jurisdiction for which the provisions of this ordinance are applicable.

Effective on: 1/1/1901

A Zone - Special Flood Hazard Areas inundated by the 1% annual chance flood (100-year flood). Base flood elevations (BFEs) are not determined.

Effective on: 1/1/1901

Accessory structure (Appurtenant structure) - A structure located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and should be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

Effective on: 1/1/1901

Accessory use - A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Effective on: 1/1/1901

Addition (to an existing structure) - Any walled and roofed expansion to the perimeter or height of a structure.

Effective on: 1/1/1901

AE zones - Special Flood Hazard Areas inundated by the 1% annual chance flood (100-year flood). Base flood elevations (BFEs) are determined.

Effective on: 1/1/1901

AH zone - An area of 100-year shallow flooding where depths are between one and three feet (usually shallow ponding). Base flood elevations are determined.

Effective on: 1/1/1901

AO zone - An area of 100-year shallow flooding where water depth is between one and three feet (usually sheet flow on sloping terrain). Flood depths are determined.

Effective on: 1/1/1901

Appeal - A request for a review of the Floodplain Administrator’s interpretation of any provision of this ordinance or from the floodplain administrator’s ruling on a request for a variance.

Effective on: 1/1/1901

AR/A1 – A30, AR/AE, AR/AH, AR/AO, and AR/A zones - Special Flood Hazard Areas (SFHAs) that result from the de-certification of a previously accredited flood protection system that is in the process of being restored to provide a 100-year or greater level of flood protection. After restoration is complete these areas will still experience residual flooding from other flooding sources.

Effective on: 1/1/1901

A99 zone - That part of the SFHA inundated by the 100-year flood which is to be protected from the 100-year flood by a Federal flood protection system under construction. No base flood elevations are determined.

Effective on: 1/1/1901

Area of shallow flooding - A designated AO or AH Zone on a community’s Flood Insurance Rate Map (FIRM) where the base flood depths range from one to three feet, there is no clearly defined channel, the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 1/1/1901

Base flood - A flood which has a one percent chance of being equaled or exceeded in any given year (also called the “100 year flood”). Base flood is the term used throughout this ordinance.

Effective on: 1/1/1901

Base Flood Elevation (BFE) - The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.

Effective on: 1/1/1901

Basement - Any area of a structure having its floor sub-grade (below ground level) on all sides.

Effective on: 1/1/1901

Building - See Structure.

Effective on: 1/1/1901

Community - A political entity having the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.

Effective on: 1/1/1901

Community Rating System (CRS) - A program developed by the Federal Insurance Administration to provide incentives to those communities in the Regular Program to go beyond the minimum floodplain management requirements to develop extra measures for protection from flooding.

Effective on: 1/1/1901

Community Flood Hazard Area (CFHA) - An area that has been determined by the Floodplain Administrator (or other delegated, designated, or qualified community official) from available technical studies, historical information, and other available and reliable sources, which may be subject to periodic inundation by floodwaters that can adversely affect the public health, safety and general welfare. This includes areas downstream from dams.

Effective on: 1/1/1901

Critical facility - Any property that, if flooded, would result in severe consequences to public health and safety or a facility which, if unusable or unreachable because of flooding, would seriously and adversely affect the health and safety of the public. Critical facilities include, but are not limited to: housing likely to contain occupants not sufficiently mobile to avoid injury or death unaided during a flood; schools, nursing homes, hospitals, police, fire and emergency response installations, vehicle and equipment storage facilities, emergency operations centers likely to be called upon before, during and after a flood, public and private utility facilities important to maintaining or restoring normal services before, during and after a flood, and those facilities or installations which produce, use or store volatile, flammable, explosive, toxic and/or water-reactive materials, hazardous materials or hazardous waste.

Effective on: 1/1/1901

D zone - An area in which the flood hazard is undetermined.

Effective on: 1/1/1901

Development - Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or storage of equipment or materials.

Effective on: 1/1/1901

Elevated structure – For insurance proposes, a non-basement structure built to have the lowest floor elevated above ground level by foundation walls, shear walls, posts, piers, pilings or columns.

Effective on: 1/1/1901

Elevation Certificate - A statement certified by a registered professional engineer or surveyor on the FEMA-approved form in effect at the time of certification that verifies a structure’s elevation and other related information to verify compliance with this ordinance.

Effective on: 1/1/1901

Emergency Program - The initial phase under which a community participates in the NFIP, intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

Effective on: 1/1/1901

Enclosure - That portion of a structure below the lowest floor used solely for parking of vehicles, limited storage, or access to the structure.

Effective on: 1/1/1901

Encroachment - The physical advance or infringement of uses, plant growth, fill, excavation, structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Effective on: 1/1/1901

Existing construction - Any structure for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.

Effective on: 1/1/1901

Existing Manufactured Home Park or Subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management ordinance adopted by a community.

Effective on: 1/1/1901

Expansion to an existing Manufactured Home Park or Subdivision - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Effective on: 1/1/1901

Five-Hundred Year Flood - The flood that has a 0.2 percent chance of being equaled or exceeded in any year. Areas subject to the 500-year flood have a moderate risk of flooding.

Effective on: 1/1/1901

Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:

• The overflow of inland or tidal waters.
• The unusual and rapid accumulation or runoff of surface waters from any source.
• Mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
• The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Effective on: 1/1/1901

Flood Boundary and Floodway Map (FBFM) - A map on which the Federal Emergency Management Agency (FEMA) has delineated the areas of flood hazards and the regulatory floodway.

Effective on: 1/1/1901

Flood Hazard Boundary Map (FHBM) - A map on which the boundaries of the flood, mudslide (i.e. mudflow), and flood-related erosion areas having special hazards have been designated as Zones A, M, and/or E by the Federal Emergency Management Agency (FEMA).

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM) - A map on which the Federal Emergency Management Agency (FEMA) has delineated special flood hazard areas and risk premium zones.

Effective on: 1/1/1901

Flood Insurance Study - The report provided by the Federal Emergency Management Agency (FEMA) containing flood profiles, the Flood Insurance Rate Map (FIRM), and/or the Flood Boundary Floodway Map (FBFM), and the water surface elevation of the base flood.

Effective on: 1/1/1901

Floodplain or flood-prone area - Any land area susceptible to being inundated by flood waters from any source.

Effective on: 1/1/1901

Floodplain Administrator - The individual appointed by the community to administer and enforce the floodplain management ordinances.

Effective on: 1/1/1901

Floodplain Management - The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management ordinances, and open space plans.

Effective on: 1/1/1901

Floodplain Management Regulations - This ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control), and other applications of police power, which control development in flood-prone areas. This term describes federal, state and/or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Effective on: 1/1/1901

Floodproofing - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitation facilities, structures, and their contents.

Effective on: 1/1/1901

Floodproofing Certificate - A certification by a registered professional engineer or architect, the FEMA form in effect at the time of certification stating that a non-residential structure, together with attendant utilities and sanitary facilities is watertight to a specified design elevation with walls that are substantially impermeable to the passage of water and all structural components are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris impact forces.

Effective on: 1/1/1901

Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as the “regulatory floodway”.

Effective on: 1/1/1901

Floodway fringe - That area of the floodplain on either side of the regulatory floodway.

Effective on: 1/1/1901

Freeboard - A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood. Freeboard must be applied not just to the elevation of the lowest floor or floodproofing level, but also to the level of protection provided to all components of the structure, such as building utilities, HVAC components, etc.

Effective on: 1/1/1901

Fraud and Victimization - As related in Section 8.04, O, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed structure adds to government responsibilities and remains a part of the community for fifty to one hundred years. Structures that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages may incur. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Effective on: 1/1/1901

Functionally dependent use facility - A facility, structure, or other development, which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term includes only a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term storage, manufacture, sales, or service facilities.

Effective on: 1/1/1901

Governing body - The local governing unit, i.e. county or municipality that is empowered to adopt and implement ordinances to provide for the public health, safety and general welfare of its citizenry.

Effective on: 1/1/1901

Hazard potential - The possible adverse incremental consequences that result from the release of water or stored contents due to failure of a dam or misoperation of a dam or appurtenances. The hazard potential classification of a dam does not reflect in any way the current condition of a dam and its appurtenant structures (e.g. safety, structural integrity, flood routing capacity).

Effective on: 1/1/1901

Highest adjacent grade - The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Effective on: 1/1/1901

Historic Structure - Any structure that is:

• Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
• Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
• Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
• Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
  • By an approved state program as determined by the Secretary of the Interior, or
  • Directly by the Secretary of the Interior in states without approved programs.

Effective on: 1/1/1901

Hydrodynamic Load – A load that results from water flowing against and around a rigid structural element or system.

Effective on: 1/1/1901

Hydrostatic Load – A load that results from pressure of a fluid at rest.

 

Effective on: 1/1/1901

Increased Cost of Compliance (ICC) – Increased cost of compliance coverage means under the standard flood insurance policy the cost to repair a substantially flood damaged building that exceeds the minimal repair cost and that is required to bring a substantially damaged building into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are floodproofing (nonresidential), relocation, elevation, demolition, or any combination thereof.

ICC coverage is available on residential and non-residential buildings (this category includes public or government buildings, such as schools, libraries, and municipal buildings) insured under the NFIP.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Letter of Map Change (LOMC) – An official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC’s include the following categories:

• Letter of Map Amendment (LOMA) – A revision based on technical data showing that a property was inadvertently included in a designated SFHA. A LOMA amends the current effective FIRM and establishes that a specific property is not located in a SFHA.
• Letter of Map Revision (LOMR) - A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.
• Letter of Map Revision – Based on Fill (LOMR-F) – A determination that a structure or parcel has been elevated by properly placed engineered fill above the BFE and is, therefore, excluded from the SHFA.

Effective on: 1/1/1901

Levee - A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Effective on: 1/1/1901

Levee System - A flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Effective on: 1/1/1901

Limited storage - An area used for storage and intended to be limited to incidental items which can withstand exposure to the elements and have low flood damage potential. Such an area must be of flood resistant material, void of utilities except for essential lighting, and cannot be temperature controlled.

Effective on: 1/1/1901

Lowest adjacent grade – The lowest elevation of the sidewalk, patio, attached garage, deck support, basement entryway or grade immediately next to the structure and after the completion of construction.

Effective on: 1/1/1901

Lowest Floor - The lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, structure access, or storage in an area other than a basement area is not considered a structure’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.

Effective on: 1/1/1901

Manufactured Home - A structure, transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected or attached to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. The term “manufactured home” does not include a “recreational vehicle” (see Recreational Vehicle).

Effective on: 1/1/1901

Manufactured home park or subdivision - A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Effective on: 1/1/1901

Map - The Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).

Effective on: 1/1/1901

Map Panel Number - The four-digit number on a flood map, followed by a letter suffix, assigned by FEMA. The first four digits represent the map panel. The letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)

Effective on: 1/1/1901

Market value - The property value (as agreed between a willing buyer and seller), excluding the value of the land as established by what the local real estate market will bear. Market value of the structure can be established by independent certified appraisal; replacement cost depreciated by age of structure (Actual Cash Value) or adjusted assessed values.

Effective on: 1/1/1901

Mean Sea Level (MSL) - The average height of the sea for all stages of the tide. For the purposes of the National Flood Insurance Program, the MSL is used as a reference for establishing various elevations within the floodplain as shown on the community’s FIRM. For purposes of this ordinance, the term is synonymous with either National Geodetic Vertical Datum (NGVD) of 1929 or North American Vertical Datum (NAVD) of 1988.

Effective on: 1/1/1901

Mitigation - Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the costs of disaster response and recovery.

Effective on: 1/1/1901

Mudslide (i.e. mudflow) - Describes a condition where there is a river, flow, or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain. A mudslide (i.e. mudflow) may occur as a distinct phenomenon while a landslide is in progress, and will be recognized as such by the Floodplain Administrator only if the mudflow, and not the landslide, is the proximate cause of damage that occurs.

Effective on: 1/1/1901

Mudslide (i.e. mudflow) area management - The operation of and overall program of corrective and preventative measures for reducing mudslide (i.e. mudflow) damage, including but not limited to emergency preparedness plans, mudslide control works, and floodplain management regulations.

Effective on: 1/1/1901

Mudslide (i.e. mudflow) prone area - An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

Effective on: 1/1/1901

National Flood Insurance Program (NFIP) - The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.

Effective on: 1/1/1901

National Geodetic Vertical Datum (NGVD) - As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used as the vertical datum on the older FIRM’s. Refer to FIRM legend panel for correct datum.)

Effective on: 1/1/1901

New Construction - Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Effective on: 1/1/1901

New manufactured home park or subdivision - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

Effective on: 1/1/1901

Non-Residential – Structures that are not designed for human habitation, including but is not limited to: small business concerns, churches, schools, farm structures (including grain bins and silos), pool houses, clubhouses, recreational structures, mercantile structures, agricultural and industrial structures, warehouses, and hotels or motels with normal room rentals for less than 6 months duration.

Effective on: 1/1/1901

North American Vertical Datum (NAVD) – As corrected in 1988, a vertical control used as a reference for establishing varying elevations within the floodplain. (Generally used on the newer FIRM’s and Digitally Referenced FIRM’s (DFIRM’s). (Refer to FIRM or DFIRM panel legend for correct datum.)

Effective on: 1/1/1901

Obstruction - Includes but is not limited to any dam, wall, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, structure, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Effective on: 1/1/1901

One-Hundred Year Flood (100-Year Flood) - The flood that has a 1-percent or greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to inundation by the 100-year flood. Over the life of a 30-year loan, there is a 26-percent chance of experiencing such a flood with the SFHA. See Base Flood.

Effective on: 1/1/1901

Participating Community - A community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

Effective on: 1/1/1901

Pre-FIRM Construction - New construction or substantial improvements for which start of construction occurred on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.

Effective on: 1/1/1901

Post-FIRM Construction – New construction or substantial improvements for which start of construction occurred after December 31, 1974, or on or after the effective date of the initial FIRM of the community, whichever is later.

Effective on: 1/1/1901

Probation – A FEMA imposed change in community’s status resulting from violations and deficiencies in the administration and enforcement of the local floodplain management regulations.

Effective on: 1/1/1901

Program Deficiency - A defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management standards.

Effective on: 1/1/1901

Public Safety and Nuisance - Anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Recreational Vehicle - A vehicle that is:

• Built on a single chassis;
• 400 square feet or less when measured at the largest horizontal projection;
• Designed to be self-propelled or permanently towable to a light duty truck; and
• Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Effective on: 1/1/1901

Regular Program - The phase of a community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and flood elevations determined in the FIS.

Effective on: 1/1/1901

Regulatory floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. See Base Flood.

Effective on: 1/1/1901

Remedy a violation - The process by which a community brings a structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible, to reduce the impact of non-compliance. Reduced impact may include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financing exposure with regard to the structure or other development.

Effective on: 1/1/1901

Repair - The reconstruction or renewal of any part of an existing structure.

Effective on: 1/1/1901

Repetitive Loss - Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 percent of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Repetitive Loss Property - Any insurable building for which two or more claims of more than $1,000 were paid by the National Flood Insurance Program (NFIP) within any rolling 10-year period, since 1978. At least two of the claims must be more than ten days apart but, within ten years of each other. A RL property may or may not be currently insured by the NFIP.

Effective on: 1/1/1901

Riverine - Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Effective on: 1/1/1901

Section 1316 - That section of the National Flood Insurance Act of 1968, as amended, which states that no new or renewal flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

Effective on: 1/1/1901

Severe Repetitive Loss Structure - Any insured property that has met at least one of the following paid flood loss criteria since 1978, regardless of ownership:

• Four or more separate claim payments of more than $5,000 each (including building and contents payments); or
• Two or more separate claim payments (building payments only) where the total of the payments exceeds the current market value of the property.

In either case, two of the claim payments must have occurred within ten years of each other. Multiple losses at the same location within ten days of each other are counted as one loss, with the payment amounts added together.

Effective on: 1/1/1901

Shallow Flooding - Flooding with an average depth limited to 3.0 feet or less where no defined channel exists.

Different types of shallow flooding commonly occur throughout the United States. Types of flows that result in shallow flooding include the following:

• Unconfined flows over broad, relatively low relief areas, such as alluvial plains;
• Intermittent flows in arid regions that have not developed a system of well-defined channels;
• Overbank flows which are independent from the main channel;
• Overland flow in urban areas; and
• Flows collecting in depressions to form ponding areas.

Effective on: 1/1/1901

Sheet flow area - See Area of Shallow Flooding.

Effective on: 1/1/1901

Special flood hazard area (SFHA) - That portion of the floodplain subject to inundation by the base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as Zone A, AE, A1 – A30, AH, AO, or AR.

Effective on: 1/1/1901

Start of Construction (includes substantial improvement and other proposed new development) - The date a building permit is issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement is within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including manufactured home) on a site, such as the pouring of slabs or footings, the installation of piles, construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; the installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the structure.

Effective on: 1/1/1901

Structure - A walled and roofed building, including gas or liquid storage tank that is principally above ground, as well as a manufactured home.

Effective on: 1/1/1901

Subdivision - Any division, for the purposes of sale, lease, or development, either on the installment plan or upon any and all other plans, terms and conditions, of any tract or parcel of land into two (2) or more lots or parcels.

Effective on: 1/1/1901

Subrogation – A legal action brought by FEMA to recover insurance money paid out where all or part of the damage can be attributed to acts or omissions by a community or other third party.

Effective on: 1/1/1901

Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a 1-year period in which the cumulative percentage of improvements equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

• Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or;
• Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

Effective on: 1/1/1901

Substantially improved existing manufactured home parks or subdivisions - Repair, reconstruction, rehabilitation, or improvement of the streets, utilities, and pads equaling or exceeding 50 percent of the value of the streets, utilities, and pads before the repair, reconstruction, or improvement commenced.

Effective on: 1/1/1901

Suspension - Removal of a participating community from the NFIP for failure to enact or enforce floodplain management regulations required for participation in the NFIP.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Utilities – Include, but not limited to, electrical, heating, ventilation, plumbing, and air conditioning equipment that service the structure and the site.

Effective on: 1/1/1901

Variance - Relief from some or all of the requirements of this ordinance.

Effective on: 1/1/1901

Violation - Failure of a structure or other development to fully comply with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

Effective on: 1/1/1901

Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows at least periodically.

Effective on: 1/1/1901

Water surface elevation - The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Effective on: 1/1/1901

Watershed - All the area within a geographic boundary from which water, sediments, dissolved materials, and other transportable materials drain or are carried by water to a common outlet, such as a point on a larger stream, lake, or underlying aquifer.

Effective on: 1/1/1901

X (shaded) and B zones - Areas of the 0.2% annual chance (500-year) flood that are outside of the SFHA, areas subject to the 100-year flood with average depths of less than one foot or with contributing drainage area less than 1 square mile, and areas protected by levees from the base flood

Effective on: 1/1/1901

X (unshaded) and C zones - Areas determined to be outside the 500-year floodplain.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Zone - A geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Cabaret or Theater, Sexually-Oriented – A building or portion of a building which provides or allows the provision of sexually oriented entertainment to its customers or which holds itself out to the public as an establishment where sexually oriented entertainment is available. Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to “adult entertainment,” “strippers,” “showgirls,” “exotic dancers,” “gentleman’s club,” “XXX” or similar terms, shall be considered evidence that an establishment holds itself out to the public as an establishment where sexually oriented entertainment is available.

Effective on: 1/1/1901

Customer – Any person who:

• Is allowed to enter a business in return for the payment of an admission fee or any other form of consideration or gratuity;
• Enters a business and purchases, rents, or otherwise partakes of any material, merchandise, goods, entertainment, or other services offered therein; or
• Enters a business other than as an employee, vendor, service person, or delivery person.

Effective on: 1/1/1901

Display Publicly – The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others or from any portion of the premises where items and material other than sexually oriented media are offered for sale or rent to the public.

Effective on: 1/1/1901

Encounter Center, Sexually-oriented – A business or enterprise that, as one of its principal purposes, offers: physical contact between two or more persons when one or more of the persons is in a state of nudity or semi-nudity.

Effective on: 1/1/1901

Entertainer, Sexually-oriented – Any person paid as an employee, contractor, subcontractor, or agent of the operator of a cabaret who frequently appears in a state of semi-nudity at any establishment regulated by this chapter.

Effective on: 1/1/1901

Entertainment, Sexually-oriented – Any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business that is required to be licensed: dancing, singing, talking, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing, or individual conversations with customers for which some type of remuneration is received.

Effective on: 1/1/1901

Escort – A person who is held out to the public to be available for hire for monetary consideration in the form of a fee, commission, or salary, and who for said consideration consorts with or accompanies or offers to consort with or accompany, another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters, and shall include a “service oriented escort;” for purposes of this ordinance, the term “escort” shall not include any person who would be understood by a reasonably prudent person as providing “babysitting” services or working as an assisted living companion to the elderly, infirm, disabled, or handicapped, and shall further not include licensed health professionals.

Effective on: 1/1/1901

Escort, Service Oriented – An escort that a) operates from an open office; b) does not advertise that sexual conduct will be provided to the patron or work for an escort bureau that so advertises; and c) does not offer to provide sexual conduct.

Effective on: 1/1/1901

Escort Bureau, Service Oriented – An escort bureau that a) maintains an open office at an established place of business; b) otherwise operates in full accordance with the countywide licensing ordinance, Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually oriented businesses and service-oriented escort bureaus, as such ordinance may be amended from time to time.

Effective on: 1/1/1901

Escort, Sexually-oriented – An escort who: a) works for (either as an agent, employee, or independent contractor), or is referred to a patron by a sexually oriented escort bureau; b) either advertises that sexual conduct will be provided, or works for (either as an employee, agent, or independent contractor), or is referred to a patron by an escort bureau that so advertises; or c) offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee from an escort patron or a prospective escort patron.

Effective on: 1/1/1901

Escort Bureau, Sexually-oriented – An escort bureau that operates in any of the following manners: a) engages in fraudulent, misleading, or deceptive advertising that is designed to make the prospective client believe that acts of prostitution (as defined under Kentucky law) will be provided; b) collects money (whether paid in advance or paid after the promised proscribed act) for the promise of acts of prostitution by its escorts; c) uses as escorts persons known to have violated the law regarding prostitution, and refuses to cease the use of such a person; d) operates an escort bureau as a “call girl” prostitution operation; e)advertises that sexual conduct will be provided to a patron or customer, or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron or customer; f) solicits, offers to provide, or does provide acts of sexual conduct to an escort patron or customer; or g)employs or contracts with a sexually oriented escort, or refers or provides to a patron a sexually oriented escort.

Effective on: 1/1/1901

Establishment – Any business regulated by this Ordinance.

Effective on: 1/1/1901

Explicit Sexual Material – Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or material of anthropological significance shall not be deemed to fall within the foregoing definition.

Effective on: 1/1/1901

Floor Area, Gross Public – The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.

Effective on: 1/1/1901

Frequently – Two or more times per month.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Massage – Touching, stroking, kneading, stretching, friction, percussion, and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

Effective on: 1/1/1901

Massage Parlor – Any business offering massages that is operated by a person who is not a state licensed “massage therapist” or that provides massages by persons who are not state licensed massage therapists.

Effective on: 1/1/1901

Massage Therapy – The profession in which a certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client.

Effective on: 1/1/1901

Massage Therapist – A person licensed as a massage therapist in accordance with the provisions of Kentucky Rev. Statues §309.350 et seq.

Effective on: 1/1/1901

Media – Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMS, DVDs, other magnetic media, and undeveloped pictures.

Effective on: 1/1/1901

Media, Sexually-oriented – Magazines, books, videotapes, movies, slides, CDs, DVDs or other devices used to record computer images, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”

Effective on: 1/1/1901

Media Store with some Sexually-oriented Media – A retail book, video or other media store that has sexually explicit media that constitutes more than 10 percent but not more than 40 percent of its inventory or that occupies more than 10 percent but not more than 40 percent of its gross public floor area.

Effective on: 1/1/1901

Media Store, Sexually-oriented – An establishment that rents and/or sells sexually oriented media, and that meets any of the following three tests: a) More than forty percent (40%) of the gross public floor area is devoted to sexually oriented media; b) More than forty percent (40%) of the stock in trade consists of sexually oriented media; or c) It advertises or holds itself out in any forum as a “XXX,” “adult” or “sex” business, or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater, or sexually oriented cabaret.

Effective on: 1/1/1901

Modeling Studio, Sexually-oriented – An establishment or business that provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples, or small groups in a space smaller than 600 feet.

Effective on: 1/1/1901

Motel, Sexually-oriented – A hotel, motel, or similar commercial establishment that meets any of the following criteria: a) Offers accommodations to the public for any form of consideration and provides patrons with sexually oriented entertainment or transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” or b) Marketed as or offered as “adult,” “XXX,” “couples,” or “sexually oriented.”

Effective on: 1/1/1901

Motion Picture Arcade, Sexually-oriented – A building or portion of a building wherein coin-operated, slug-operated, or for any other form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images of “specified sexual activities” or “specified anatomical areas.”

Effective on: 1/1/1901

Motion Picture Arcade Booth, Sexually-oriented – Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, CD-ROMs, books, DVDs, magazines or periodicals) to show images of “specified sexual activities” or “specified anatomical areas” for observation by customers therein. The term “booth,” “arcade booth,” “preview booth,” and “video arcade booth” shall be synonymous with the term “motion picture arcade booth.”

Effective on: 1/1/1901

Motion Picture Theater, Sexually-oriented – A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are frequently shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” or that are marketed as or offered as “adult,” “XXX,” or sexually oriented. Frequently shown films, motion pictures, videocassettes, slides or other similar photographic reproductions as characterized herein do not include sexually oriented speech and expressions that take place inside the context of some larger form of expression.

Effective on: 1/1/1901

Nude Modeling Studio – Any place where a person who appears in a state of nudity or semi-nudity and is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include a proprietary school licensed by the Commonwealth of Kentucky or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Effective on: 1/1/1901

Nudity or State of Nudity – The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genitals in a discernibly turgid state. See, also, Semi-nude.

Effective on: 1/1/1901

Operator – Any person operating, conducting, or maintaining a business regulated under Article 9 Sexually-Oriented Businesses.

Effective on: 1/1/1901

Owner(s) – The individual owner of an establishment, or if the legal owner is a corporation, partnership, or limited liability company, the term shall include all general partners, any limited partner with a financial interest of ten percent (10%) or more, all corporate officers and directors, and any shareholder or member with a financial interest of ten percent (10%) or more. “Owner” includes the spouse(s) of any of the above individuals.

Effective on: 1/1/1901

Person – An individual, firm, partnership, joint-venture, association, independent contractor, corporation (domestic or foreign), limited liability company, trust, estate, assignee, receiver or any other group or combination acting as a unit.

Effective on: 1/1/1901

Premises – The physical location at which a business operates; as used in Article 9 Sexually-Oriented Businesses, the term shall include all parts of that physical location, both interior and exterior, which are under the control of the subject business, through ownership, lease or other arrangement.

Effective on: 1/1/1901

Primary Entertainment – Entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising case well as actual performances.

Effective on: 1/1/1901

Protected Land Use – Residential zoning district, school, religious institution, park, library, public recreation area, or day care center.

Effective on: 1/1/1901

Public Area – A portion of a sexually oriented business, excluding sexually oriented motels, that is accessible to the customer, excluding restrooms, while the business is open for business.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

Sadomasochistic Practices – Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

Effective on: 1/1/1901

Semi-nude or in a Semi-nude Condition – The showing of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other apparel, provided the areola is not exposed in whole or in part.

Effective on: 1/1/1901

Sex Shop – An establishment offering goods for sale or rent and that meets any of the following tests: a) It offers for sale items from any two (2) of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; sexually oriented novelties; and the combination of such items constitute more than ten percent (10%) of its stock in trade or occupies more than 10 percent (10%) of its floor area; b) More than five percent (5%) of its stock in trade consists of sexually-oriented toys or novelties; or c) More than five percent (5%) of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Effective on: 1/1/1901

Sexually-oriented Business – An inclusive term used to describe collectively the following businesses: sexually oriented cabaret or theater; sexually oriented entertainment; sexually oriented motion picture theater; sexually oriented motion picture arcade; sexually oriented encounter center; sexually oriented media store; sexually oriented escort bureau; bathhouse; massage parlor; sex shop; sexually oriented modeling studio; or any other such business establishment whose primary purpose is to offer sexually oriented entertainment or materials. This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the County or any applicable municipal zoning code or other applicable ordinances.

Effective on: 1/1/1901

Sexually-oriented Business License – Any license applied for under the countywide licensing ordinance, Kenton County Ordinance No. 451.9 as amended, establishing licensing requirements for sexually oriented businesses and service-oriented escort bureaus, adopted in 2004.

Effective on: 1/1/1901

Sexually Oriented Toys or Novelties – Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.

Effective on: 1/1/1901

Specified Anatomical Areas – Include: a) Less than completely and opaquely covered human genitals, pubic region, or the areola or nipple of the female breast; b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and c) Areas of the human anatomy included in the definitions of “nude” or “nudity.”

Effective on: 1/1/1901

Specified Sexual Activities – Acts of human masturbation, sexual intercourse, or sodomy. These activities include, but are not limited to the following: bestiality, erotic or sexual stimulation with objects or mechanical devices, acts of human analingus, cunnilingus, fellatio, flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy, or any excretory functions as part of or in connection with any of the activities set forth above with any person on the premises. This definition shall include apparent sexual stimulation of another person’s genitals whether clothed or unclothed.

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901

[Reserved]

Effective on: 1/1/1901