The purpose of these standards is to establish comprehensive regulations for sexually-oriented businesses within the City of Independence. These regulations are designed to protect and promote the public health, safety and welfare by regulating the location and design of sexually-oriented businesses to minimize the nature and extent of adverse secondary effects. It is the desire of the legislative body to balance the Constitutional rights of businesses that present sexually-oriented entertainment with the legislative body’s interests in ensuring that this community not suffer from adverse effects. The facts and other matters set forth in Appendix 15.01, Preamble to the Regulations of Sexually Oriented Businesses are hereby adopted as findings of fact in support of the legislative body’s action.

The definitions specific to this Article are found in Section 14.04, Definitions for Sexually Oriented Businesses.

These standards shall apply to sexually-oriented businesses in all districts unless otherwise stated.

1. Prohibited Uses

   The following uses are prohibited in the City under Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually-oriented businesses and service-oriented escort bureaus. No Zoning Permit shall be issued for the following prohibited businesses:

   1. Sexually-oriented motion picture arcade or booth;
   2. Sexually-oriented encounter center;
   3. Sexually-oriented motel;
   4. Sexually-oriented massage parlor or any business offering massages that is operated by a person who is not licensed as a massage therapist in accordance with the provisions of KRS 309.350 et seq.;
   5. Sexually-oriented modeling studio;
   6. Sexually-oriented nude modeling studio; and
   7. Sexually-oriented escort bureau.
2. Permitted Uses 

   The following uses are permitted if they hold an approved Zoning Permit and a valid License approved under the county-wide Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually-oriented businesses and service-oriented escort bureaus:

   1. Media store with some sexually-oriented media (not subject to licensing);
   2. Sexually-oriented media store;
   3. Sex shop;
   4. Service-oriented escort bureau;
   5. Sexually-oriented motion picture theatre; and
   6. Sexually-oriented cabaret or theatre.
3. Permitted Zoning Districts
   1. A media store carrying some sexually-oriented media is permitted in any zoning district where other retail establishments are permitted.
   2. A sexually-oriented media store, sex shop or service-oriented escort bureau is permitted in the following zoning districts if it holds an approved Zoning Permit and a valid License approved under the county-wide Kenton County Ordinance No. 451.9, establishing licensing requirements for sexually-oriented businesses and service-oriented escort bureaus:
      1. General Industrial (GI) Zone
   3. A sexually-oriented business featuring on-premise entertainment such as sexually-oriented motion picture theatre, cabaret or theatre is permitted in the following zoning districts if it holds an approved Zoning Permit and a valid Kenton County Sexually-oriented Business License:
      1. General Industrial (GI) Zone

1. Separation Distances

   No retail-only sexually-oriented business (sexually-oriented media store or sex shop) or service-oriented escort bureau shall be located within 500 feet of any area within the zoning districts having the designation of “residential” as the district classification or within 500 feet of any parcel of land occupied by a school, religious institution, park, library, public recreation area, or day care center (considered “protected uses”) in any other district.

2. Separation Distances

   No sexually-oriented business offering on-premise entertainment (sexually-oriented motion picture theatre, cabaret or theatre) shall be located within 1,000 feet of any area within the zoning districts having the designation of “residential” as the district classification or within 1,000 feet of any parcel of land occupied by a school, religious institution, park, library, public recreation area, or day care center in any other district.

3. Separation Distances

   No sexually-oriented business shall be located within 1,000 feet of any other sexually-oriented business or service-oriented escort bureau; this restriction shall require such a separation regardless of whether it is located within a city or within the county.

4. Single Use

   There shall be no more than one type of sexually-oriented business or service-oriented escort bureau at any one location.

5. Nonconformity

   No legally established and permitted sexually-oriented business or service-oriented escort bureau shall become nonconforming through subsequent establishment of a school, religious institution, park, library, public recreation area, or day care center (protected uses); nor shall a Zoning Permit for a sexually-oriented business or service-oriented escort bureau be denied based on the filing of a Zoning Permit application for a protected use after the filing of such application for a sexually-oriented business.

6. Measurement Method

   Where this section requires that one use be separated from another use, measurements shall be made in accordance with this subsection. For a use which is the only use or the principal use on a lot or parcel, the measurement shall be made from property line to property line from a point nearest to the use for which the measurement is being made. If the use is located in a multi-tenant building, then the distance shall be measured from the portion of the building of the leasehold or other space actually controlled or occupied that is nearest to the use for which the measurement is being made Measurements between properties or spaces under this section shall be made by the shortest distance between the two properties or spaces.

An Off-Street Parking Plan shall be submitted as a part of the application for a Zoning Permit. All off-street parking shall be in accordance with Article 10, Parking & Loading Standards with specific standards related as follows:

1. A sexually-oriented media store, sex shop or service-oriented escort bureau: 5.5 spaces per 1,000 square feet of gross public floor area.
2. A sexually-oriented cabaret or theatre: one parking space for each 100 square feet of floor area used for dancing or assembly, or one space for each four persons based on design capacity, whichever is greater, plus one space for each two employees on shift of largest employment.
3. A sexually-oriented motion picture theatre: one parking space for each four seats, based on a maximum seating capacity, plus one additional space for each two employees on shift of largest employment.

An Exterior Lighting and Signage Plan shall be submitted with the application for a Zoning Permit. The required lighting shall be as follows:

1. Exterior lighting of the entries and private parking areas shall be a minimum of 15 footcandles as measured three feet from the ground or paving.
2. For a business on a single lot or parcel, no lighting shall illuminate any property not in control of the business by more than 5 footcandles as measured at the nearest adjacent property.
3. All signage shall be in accordance with Article 11, Signs.

A service-oriented escort bureau shall be subject to the following additional standards:

1. Room Size

   The establishment shall operate all business in an open area of at least 600 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room where customers are located.

2. Lighting

   The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured 3 feet from the floor.

A retail book, video or other media store that has sexually-explicit media that constitutes more than ten percent but not more than 40 percent of its inventory or that occupies more than ten percent but not more than 40 percent of its gross public floor area shall not be classified as a sexually-oriented business but shall be subject to the following standards:

1. Separate room. The sexually-explicit media shall be kept in a separate room from the rest of the inventory of the store and shall not visible outside the room;
2. Age limit. Sexually-explicit media shall be available only to persons 18 years or older;
3. Access. Access to the room shall be through a solid door, accessed by an electronic control device monitored by the clerk or manager on duty through direct visual control;
4. Visibility. Customers and activities in the room shall be visible at all times to the clerk or manager on duty through a video system located at the clerk’s or manager’s counter; and
5. Lighting. The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured three feet from the floor.

A sexually-oriented media store or sex shop shall be subject to the following additional standards:

1. Room Size. The establishment shall operate all business in an open area of at least 600 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room where customers are located;
2. Displays. No displays of sexually-explicit media or images shall be visible from the exterior of the buildings; and
3. Lighting. The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured three feet from the floor.

A sexually-oriented motion picture theater shall be subject to the following additional standards:

1. Presentation Area

   All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 1,000 square feet of floor area. No walls, dividers, curtains, screens, shades or other similar devices shall be used to obscure any part of the room.

2. Lighting

   The lighting level in the area occupied by customers shall be at least five footcandles as measured at the floor.

3. Seating

   Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, portable chairs, beds, loose cushions or mattresses, or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the building code and the Americans with Disabilities Act.

A sexually-oriented cabaret or theater shall be subject to the following additional standards:

1. Presentation Area

   All entertainment shall occur in an unobstructed room of at least 600 square feet of floor area with a person in any part of such room having a clear view of all entertainment areas.

2. Performance Stage

   All entertainment shall take place on stage elevated at least 24 inches above the surrounding floor area, with a minimum area of 100 square feet, and with a horizontal separation of at least 60 inches between the edge of the stage and the nearest space to which customers have access—the horizontal separation shall be physically enforced by a partial wall, rail, or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep the customers back from the stage).

3. Lighting

   The lighting level in the area occupied by customers shall be at least 15 footcandles as measured three feet from the floor.

4. Seating

   Seating shall consist of chairs or open booths; no couches, beds, or loose cushions or mattresses, or of any form shall be provided.

1. Appeals to the Board of Adjustment may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of the Zoning Administrator. Such appeal shall be taken within 10 calendar days after such action, order, requirement, interpretation, grant, refusal, or decision of the Zoning Administrator, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds, and giving notice of such appeal to any and all parties of record. A fee, as required by § 158.007, shall also be paid to the Zoning Administrator at this time. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record on which the action appealed from was taken and shall be treated as and be the respondent in such further proceedings. At the public hearing on the appeal held by the Board, an interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.
2. The Board of Adjustment shall hear the appeal within 30 calendar days of its filing with the Zoning Administrator and give public notice in accordance with KRS Chapter 424, as well as written notice to the appellant and the Zoning Administrator at least 7 calendar days prior to the hearing. The affected parties may appear at the hearing in person or by an attorney. The Board of Adjustment shall hear the matter and render a decision within 36 days after the filing of the appeal. If the Board of Adjustment fails to act within such time, the application is deemed denied.

1. Any person or entity claiming to be injured or aggrieved by any final action of the Board of Adjustment shall appeal from the action to the circuit court of the county in which the property which is the subject of the action of the Board of Adjustment lies. Such appeal shall be taken within 30 calendar days after the final action of the Board of Adjustment. The Board of Adjustment shall be a party in any such appeal filed in the circuit court. All final actions which have not been appealed within 30 days shall not be subject to judicial review and shall become final.
2. After the appeal is taken, the procedure shall be governed by the Rules of Civil Procedure. When an appeal has been filed, the Clerk of the Circuit Court shall issue a summons to all parties, including the Board of Adjustment in all cases, and shall cause it to be delivered for service as in any other law action.