Newport City Zoning Code
ARTICLE X
ZONING REGULATIONS
SECTION 10.1 CONSERVATION DISTRICT
The purpose of the Conservation District is to preserve key areas of open space along the riverfront as well as other areas within the City where preserving an open view or natural amenity and/or floodplain area benefits the community. The conservation district provides an area within which parks, recreation or agricultural use of open space is permissible.
A. USES PERMITTED:
1. Open spaces or natural habitats.
2. Privately or publically owned and/or operated parks and/or recreation or amusement/attraction areas, including public swimming pools.
3. Eating and drinking places.
4. Hotels, offices, and/or residential uses so long as such uses are part of a Master Development Plan for the site, as approved by the Planning Commission and Board of Commissioners.
5. Museum.
B. ACCESSORY USES:
1. Customary accessory buildings and uses.
2. Fences and walls as regulated by Article XII of this Ordinance.
3. Signs as regulated by Article XV of this Ordinance.
C. CONDITIONAL USES: No building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved of by the Board of Adjustment as set forth in SECTION 9.13 of this Ordinance.
The following uses are permitted facilities in or adjacent to navigable waters of the Corp of Engineers, and Division of Water, State Department of Natural Resources, and such statement of approval or denial shall be submitted to the Board of Adjustment at the time of submittal for a conditional zoning certificate.
1. Boat Harbors and Marinas The following uses shall be permitted as accessory uses in connection with any boat harbor or marina and primarily intended to serve only persons using the boat harbor or marina.
a. boat fueling, service and repairs
b. sale of boat supplies
c. grocery store
d. restaurant
e. clubhouse and lockers
2. Public boating landing or launching facilities
3. Dockage facilities
4. Off street parking facilities and/or temporary parking of boat trailers including spaces large enough to accommodate automobiles pulling boat trailers.
D. AREA AND HEIGHT REGULATIONS: No building shall be erected or structurally altered hereafter except in accordance with a development plan as reviewed and approved by the Newport Planning and Zoning Commission.
E. OTHER DEVELOPMENT CONTROLS:
1. All "Uses Permitted" and "Conditional Uses" permitted in this zone shall require a certificate of approval from the City Engineer, certifying his approval of the type of the manner of construction to be built (ensuring that such construction shall not cause flood hazards, soil erosion, adverse changes in the natural drainage courses or unnecessary destruction of natural features) which completed certificate shall be submitted to the appropriate officer of Board of Commissioners, as required herein, at the time of request.
2. Off street parking and loading or unloading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
3. No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed metal containers.
4. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right of way or into any residential zone.
5. Where any yard of any uses permitted in this zone abuts a residential zone, a minimum yard requirement of ten (10) feet from each side and/or rear yard, which abuts, said zone shall be provided, ten (10) feet of which shall be maintained by a screening area as regulated by SECTION 9.16 of this Ordinance.
6. No use producing objectionable odors, noise, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
7. A development plan, as regulated by SECTION 9.19 of this Ordinance, shall be required for any use permitted in this zone.
(Am. Ord. O-2017-009, passed 6-19-2017)
SECTION 10.2 RESIDENTIAL DISTRICTS
A. DISTRICT DEFINED:
1. R-1 RESIDENTIAL ONE ZONE: The R-1 Zone is intended to be limited to dwellings and public or semi-public uses which are normally associated with residential neighborhoods. The only uses permitted in this district are those, which would not detract from the residential character of the neighborhood. Conversion of existing structures should be discouraged. Densities in this area should generally be below ten (10) units per acre. New residential developments under this zone should however, be discouraged at densities above seven (7) units per acre. The purpose of this district is to create an attractive, stable and orderly single-family residential environment.
2. R-2H RESIDENTIAL TWO HILLSIDE ZONE: The R-2H Zone is intended to stabilize and protect the urban residential character within areas of the southern section of the city by permitting a higher density of single-family residences. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely.
In-fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 10 to 17 units per acre.
3. R-2 RESIDENTIAL TWO ZONE:
The R-2 Zone is intended to stabilize and protect the urban residential character within the older eastern section of the City by permitting a mixture of single and two-family residences, and selective types of existing neighborhood retail and service establishments as defined herein. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely. Conversion of structures should be appropriate only when the size of the structure and land surrounding it allow such renovation. In fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 10 to 17 units per acre.
4. R-3 RESIDENTIAL THREE ZONE:
The R-3 Zone is intended to stabilize and protect the urban residential character within the older western section of the City by permitting a mixture of single and two family residences, and selective types of existing neighborhood retail and service establishments. New development, redevelopment and rehabilitation in this zone should mirror existing uses closely. Conversion of structures should be appropriate only when the size of the structure and land surrounding it allow such renovation. In fill development shall be submitted to and approved by the Planning and Zoning Commission or its duly authorized representative. Densities range from approximately 12 to 21 units per acre.
5. R-4 RESIDENTIAL FOUR ZONE:
The R-4 Zone is intended to provide a district within which medium density two family, three family and multi family dwelling units are permissible along with public or semi-public uses which are normally associated with residential neighborhoods. Density shall not exceed 10 units per acre.
6. R-5 RESIDENTIAL FIVE ZONE: The R-5 Zone is intended to provide a district within which high-density multi family dwelling units are permissible. This zone also allows a mixture of ancillary retail or office uses that would compatibly serve the residential neighborhood created through this district. New development would be encouraged as townhouses or apartment/condominiums on in fill sites. Rehabilitation of existing larger structures (retail, institutional and residential) would be encouraged as residential space. Single family residential and large scale commercial development should be discouraged. Densities shall not exceed 1 (one) unit per 2,178 square feet.
B. PERMITTED USES:
1. The permitted uses for each zone are shown in the following Table. Uses listed for the five residential zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. The permitted uses contained herein are not meant to be exhaustive. The Zoning Administrator shall be permitted to use discretion to determine if any use not specifically listed or defined herein shall be permitted within the District without the necessity of making application before the Planning and Zoning Commission for approval and inclusion.
PERMITTED USES: RESIDENTIAL ZONES
R-1 | R-2H | R-2 | R-3 | R-4 | R-5 | PERMITTED USES: |
R-1 | R-2H | R-2 | R-3 | R-4 | R-5 | PERMITTED USES: |
P | P | P | P | X | X | Single Family Dwelling (Detached) |
X | P | P | P | P | P | Single Family Dwelling (Attached) |
X | X | P | P | P | X | Two Family Dwelling |
X | X | X | X | P | P | Multi Family Dwelling |
P | P | X | X | P | P | Planned Unit Development |
C | C | C | C | C | C | Adaptive Re-use |
(P-Signifies Permitted Uses; X-Signifies Uses Not Permitted) | ||||||
2. In the R-2 and R-3 zones existing single family residential structures may be converted to provide two (2) dwellings units for use by two families, provided that a minimum lot area of 4,000 square feet is maintained in the R-2 Zone and a minimum lot area of 3,500 square feet is maintained in the R-3 Zone. The entire building when so converted shall comply with all the requirements of the Building Codes of the City of Newport, which are applicable to newly constructed multi-family dwellings.
3. Specially permitted uses shall be allowed in the R-2 and R-3 zones provided said uses complies with all requirements for permitted uses and any special provisions as noted in this section.
a. All special permitted uses must be located in an existing structure, originally constructed for neighborhood business purposes.
b. The existing structure shall not be expanded.
c. The following neighborhood and service establishments are special permitted uses: delicatessen, drug store, barber shop, grocery store, barber and/or beauty shop, shoe repair store, ice-cream store, laundry and/or dry cleaning establishments, candy or pastry stores, newspaper and magazine store, arts and crafts store, book, card, stationary store, craftsman or artisan shop.
d. Professional Offices such as attorneys, accountants, architects and the like will also be conditionally permitted within the R-2 and R-3 zones provided they meet all other regulations contained herein as well as receive permission from the Board of Adjustments.
C. ACCESSORY USES:
1. The following accessory uses are permitted in all residential zones:
a. Customary accessory buildings and uses.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
2. In the R-5 Zone, the following uses, included within and entered from within any use permitted in this zone primarily as a convenience and for the service of the occupants thereof, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
a. Barber shop
b. Beauty shop
c. Bookstore and/or newsstand
d. Bowling alley
e. Flower shop
f. Gymnasium
g. Hobby shop
h. Indoor outdoor swimming pool
i. Pharmacy and/or drug store
j. Professional offices
k. Snack bar
D. CONDITIONAL USES:
1. In all residential zones, no building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory building or uses be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance. No alterations, additions or expansion of the existing structure or property shall be permitted until approved by the Planning Commission as set forth in Section 9.19 of this Ordinance. All conditional uses under Item #1 are to be located in existing structures except where otherwise stated.
a. Churches and other buildings for the purpose of religious worship, providing they are located adjacent to an arterial street.
b. Institutions for higher education providing they are located adjacent to an arterial street.
c. Institutions for human medical care hospitals, clinics, and sanitariums, convalescent homes, nursing homes, group homes, and homes for the aged providing they are located adjacent to an arterial street and that such uses shall be subject to the requirements of the Property Maintenance Code and Section 9.19 of this Ordinance.
d. Nursery school.
e. Public and parochial schools.
f. Publicly owned and/or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools (as regulated under Section 9.18 of this Ordinance), and libraries.
g. Recreational uses other than those publicly owned and/or operated as follows:
(1) golf courses;
(2) country clubs;
(3) semi public swimming pools; and
(4) other similar recreational uses, which will compliment recreation programs, offered by the City, or by schools within the City.
2. In the R-2, R-3, R-4, and R-5 Zones, the following additional conditional uses shall be permitted subject to the requirements of Section 9.13:
a. Government offices.
b. Police and fire stations providing they are located adjacent to an arterial street.
c. Funeral homes, providing they are located adjacent to an arterial street.
3. In the R-2 and R-3 Zones, the following additional conditional uses shall be permitted subject to the requirements of the Section 9.13:
a. Institutions devoted to the creative and performing arts, such as theatrical production, art studios and dance studios.
b. Youth shelters, provided that the total number of occupants, including a resident manager, shall be subject to the requirement of the property maintenance code.
c. Nonprofit, non-residential human services whose primary service recipients are citizens of Newport and provided further that no overnight sleeping accommodations are offered.
d. Non-profit, charitable support clubs whose primary purpose is the giving of support through fellowship counseling and education to member(s) who must be limited to individuals facing and/or overcoming a recognized physical or emotional illness and to families of said member(s). Such club(s) may not permit the use of alcohol or drugs on its premises, nor shall a clinic be permitted. No residential or sleeping accommodations shall be allowed at any time on the premises. Food preparation or the dispensing of prepared meals or food products, including food pantries, shall not be permitted.
4. To promote the additional reuse of non-residential structures in the R-2 and R-3 zone, professional office uses may be conditionally permitted as defined herein. Professional offices may be conditionally permitted in residential zones under the CCO District. Provided they meet all other requirements of this ordinance. In addition to the requirements of Section 9.13 (Conditional Buildings and Uses) of this Ordinance, adaptive reuse of existing non-residential structures shall be governed by the following:
a. Section 9.16 Screening Area
b. Section 9.19 Development Plan Requirements
c. Article XII Fences, Walls and Obstruction to View Regulations
d. Article XIII Off-Street Parking and Access Control Regulations
e. Article XV Sign Regulations
5. In the R 2 Zone, Bed & Breakfast Inns (B&B) shall be permitted as a conditional use subject to the requirements of Section 9.13 and approval by the Board of Adjustments. Once approval of the Board of Adjustments has been secured, the following additional standards must be met prior to the issuance of a Certificate of Occupancy for a B & B:
a. The principal residential structure shall not be physically altered to accommodate a Bed & Breakfast Inn.
b. Any principal residential structure to be utilized as a Bed and Breakfast Inn shall meet minimum lot size requirements as established by the zone district in which the structure is located.
c. The owner/operator of the Bed and Breakfast must live within the principal structure housing the Bed and Breakfast Inn.
d. Bed and Breakfast Inns shall be operated within the principal residential structure, and shall be a secondary use to the primary private residential use. Accessory structures are not permitted to be used for Bed and Breakfast operations.
e. The total floor area dedicated to the Bed and Breakfast shall not exceed thirty percent of the total gross usable floor area of the principal residential structure.
f. Each room of a Bed and Breakfast Inn unit shall not be less than one hundred square feet in area.
g. Each Bed and Breakfast Inn shall be permitted one class one (1) non illuminated identification sign, to be erected as a wall sign, located in the immediate vicinity of the main entrance and shall not exceed two (2) square feet in dimension.
h. One off street parking space shall be provided for each Bed and Breakfast Unit and shall comply with Article 13 of the Newport Zoning Code.
i. No person or persons shall be employed directly or indirectly in a Bed and Breakfast Inn other than the owner/operator or resident family member, or a part time cleaning person working less than six hours per week.
j. Breakfast may be provided, however, no food preparation shall be permitted in the Bed and Breakfast Inn units.
k. All Bed and Breakfast guests shall register in advance. No drop in guests are permitted.
l. The maximum length of a continuous stay for a guest is one week, and shall not exceed twenty one days within a calendar year.
m. The owner/operator of the Bed and Breakfast shall obtain a business license through the City of Newport.
6. The adaptive re-use of buildings or structures shall conform to the provisions of Section 9:13C. of this ordinance.
E. AREA AND HEIGHT REQUIREMENTS: residential zones shall be subject to the area and height requirements as shown in the following table:
TABLE 5 AREA AND HEIGHT REQUIREMENTS: RESIDENTIAL ZONES | ||||||||
Unit Type | Units Per Acre | Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Width | Min. Rear Yard | Max Bldg. Height | |
TABLE 5 AREA AND HEIGHT REQUIREMENTS: RESIDENTIAL ZONES | ||||||||
Unit Type | Units Per Acre | Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Width | Min. Rear Yard | Max Bldg. Height | |
SQF | LF | LF | LF | LF | LF | |||
DISTRICTS: | ||||||||
R-1 | SF | 6 | 5,000 | 50 | 30 | 10 | 25 | 35 |
R-2H | SF | 17 | 2,500 | 25 | 10 | 3*** | 25 | 35 |
R-2 | SF | 17 | 2,500** | 25 | 10 | 3*** | 25 | 35 |
TF | 10 | 4,000 | 50 | 10 | 3*** | 25 | 35 | |
R-3 | SF | 21 | 2,000** | 25 | 10 | 3*** | 25 | 35 |
TF | 12 | 3,500 | 40 | 10 | 3*** | 25 | 35 | |
R-4 | TF | 15 | 2,000 | 40 | 10 | 3 | 25 | 35 |
MF | 10 | 20,000 | 100 | 40 | 15 | 30 | 40 | |
R-4 (CCO) | MF | * | * | * | * | * | * | *____ |
R-5 | MF | 20 | 43,560 | 150 | 40 | 15 | 30 | **** |
SQF Square feet
LF Linear Feet
SF Single Family
TF Two Family
MF Multi Family
* Subject to Development Plan Review
** Except the minimum lot area shall be 4,000 square feet for the adaptive reuse of existing non-residential structures in the R-2 zone and 3,500 square feet R-3 zone.
*** This side yard requirement applies to any one side thus allowing a zero lot line on the other side.
**** The maximum building height in the R-5 district is 6 stories.
F. OTHER DEVELOPMENT CONTROLS:
1. All residential districts shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
b. No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
c. Garage, private as defined in Article VII.
d. No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.
e. Where any yard of any conditional use permitted in residential zones abut property in a single-family zone, the conditional use shall be subjected to the screening and transitional yard requirements of Section 9.16.
2. The R-2 and R-3 Residential districts shall be governed by the following additional development controls:
a. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
b. Article XIII Parking, most specifically the requirements for off street parking as defined in Section 13.2, paragraph C.
(Am. Ord. O-04-05, passed 5-17-2004; Am. Ord. O-2016-024, passed 12-12-2016; Am. Ord. O-2019- 023, passed 9-23-2019; Am. Ord. O-2024-03, passed 3-25-2024)
SECTION 10.3 COMMERCIAL DISTRICT
A. DISTRICT DEFINED:
1. Central Business District Zone - the CBD Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of a fully developed community. In general, to achieve maximum flexibility of permitted land use, the CBD Zone makes possible a highly varied grouping of retail and business functions.
2. Neighborhood Commercial Zone - the NC Zone is created to provide for local or neighborhood business uses that will be compatible with adjoining residential areas. The NC Zone is designed to provide for commercial, office, public and semi public structures, which are to be typically much less commercial in appearance and architecturally more harmonious with residential structures. This zone can serve as a buffer between residential areas and general business districts (such as the CBD or Shopping Center Areas) where a gradual transition from existing residential use to general business use is occurring or should occur.
3. Shopping Center Zone - the SC Zone is designed to permit the development of a complete range of retail sales and personal, professional, and business services required to meet the demands of the community and larger region. This zone provides for commercial uses that are compatible with the existing commercial character of outlying highways and arterials.
4. Professional Office Zone - the PO Zone is designed to allow a "mix" of business and professional office establishments with existing dwellings along major thoroughfares that are undergoing a transition in use from residential to higher intensity commercial and office uses. The purpose of this Zone is to allow for extensive rehabilitation of residential structures for business and professional office purposes.
5. Riverfront District - the RFD is designed to capitalize on proximity of the Ohio River. A mixture of office and residential high-rise buildings along with supporting retail establishments are to be encouraged in this district. This district encompasses the area between 3rd Street and the riverfront.
6. Central Business District Fringe - the CBDF District is designed as a transitional zone that encourages appropriate conversion and adaptive reuse of existing residential structures for mixed uses; including office, residential and retail. This district encompasses the 11th Street corridor and neighborhoods on the perimeter of the existing CBD.
B. PERMITTED USES:
The permitted uses for each zone are shown in the following Table. Uses listed for the six commercial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
NOTE: P signifies permitted use; X signifies not permitted; C signifies conditional uses.
DISTRICTS |
DISTRICTS | ||||||
CBD | NC | SC | PO | RFD | CBDF | 1. RETAIL CONVENIENCE GOODS AND/OR SERVICE ESTABLISHMENTS |
P | P | P | X | P | P | A. Art supplies, Candy Store, Drug Store, Hardware Store and/or Garden Supplies, Florist, Grocery, Retail Bakery Sales or other food Store, Lunch Counter or Soda Fountain, Delicatessen or Restaurant (excluding Drive-Ins) and Bookstore. |
P | P | P | P | P | P | B. Outdoor dining areas as an accessory to Indoor dining and excluding use of the right-of-way, except by permit. |
X | X | P | X | X | X | C. Drive-In Restaurants or Premises used for the sale, dispensing or serving of food or beverages outdoors or where customers may serve themselves or carry out and consume the food refreshments or beverages on the premises. |
X | C | P | X | X | X | D. Gasoline Service Station, Tire and Auto Service Center, limited to indoor service bays only. |
X | C | C | X | X | X | E. Convenience Stores with Retail Gasoline Sales. |
2. PERSONAL SERVICE ESTABLISHMENTS | ||||||
P | P | P | P | P | P | A. Barber Shops, Beauty Shops, Funeral Homes, Dry Cleaning and Laundry Pick-up Stations, Radio and Television Service, Photography Studio and Travel Bureau. |
X | X | P | X | X | X | B. Pawn Shop, Rent to Own Stores |
C | X | X | X | P | X | C. Tattoo Studio. Permitted use in CCO district only. |
3. GOVERNMENT SERVICES | ||||||
P | P | P | P | P | P |
A.
Library, Post Office, Police and Fire Stations, City and County Buildings, Courthouses and related services. |
CBD | NC | SC | PO | RFD | CBDF | 4. PROFESSIONAL SERVICE
ESTABLISHMENTS |
P | P | P | P | P | P | A. Advertising Agencies, Accountants, Architects, Engineers, Interior Decorators, Planners, and Surveyors; Banks and other Financial Institutions; Employment Agencies; and related offices or services including Blueprinting/Photocopying and Job Printing. |
5. MEDICAL AND HEALTH CARE SERVICES | ||||||
P | P | P | P | P | P | A. Physicians, Dentists, Eye Care Professionals and related offices. |
X | P | P | P | C | P | B. Laboratories including medical, dental and optical. |
P | P | P | P | P | P | C. Fitness Centers such as Health Clinics and Health Spas. |
6. SHOPPING OR DURABLE GOODS ESTABLISHMENTS including | ||||||
P | X | P | X | P | P | A. Antiques, Wearing Apparel and Accessories Stores, Shoe Stores, Dry Goods, Fabric Shop, Stationer, Gift Shop, Photographic Supplies, and Hobby Shop; Records, and Musical Instrument Stores; Sporting Goods and Bicycle Stores; (Pet Shop, including Grooming Shop and Obedience School Music, Paint, Wallpaper and Floor Coverings not permitted in RFD); and Variety Stores. |
P | X | P | X | P | P | B. Department Stores, Discount Stores, Major Appliances, and Furniture; Glass, China and Pottery Store; Jewelry Store; Leather Goods and Luggage Store; and, Office Appliances and Supplies. |
7. INDOOR COMMERCIAL AMUSEMENT RECREATION AND ENTERTAINMENT | ||||||
P | X | P | X | P | C | A. Theater, Bowling Alley, Gymnasium, Tennis Facilities, Roller or Ice Skating Rink, Lodge. |
X | X | X | X | P | X | B. (Cinemas, Aquariums, Cybertainment, and Virtual Reality Facilities, Indoor/Outdoor Music Venue, and Temporary Festivals). |
P | X | P | X | X | X | C. Tavern |
P
|
X
|
X
|
X
|
X
|
X
|
D. Charitable gaming, with approved license, permitted in CCO District only.
|
C
|
X
|
X
|
X
|
P
|
P
|
E. Micro-brewery, micro-distillery
|
C
|
X
|
P
|
X
|
P
|
X
|
F. Commercial Event Center (only within an existing structure in the CBD and CBDF Zones)
|
X | P | P | X | X | C | 8. AUTOMOBILE AND BOAT PART SALES |
X | P | P | X | X | X | 9. AUTOMOBILE SERVICE |
X | C | P | X | X | X | 10. AUTOMOBILE SALES NEW AND USED, AND REPAIR IN A TOTALLY ENCLOSED BUILDING AND NO LESS THAN ONE-HALF (1/2) ACRE OF LAND |
X | X | P | X | X | C | 11. CAR WASH COMPLETELY INDOORS,SELF-SERVICE CARWASH, AUTOMATIC OR SEMI-AUTOMATIC CAR WASH |
P | P | P | P | P | P | 12. COMMERCIAL PARKING LOTS AND STRUCTURES |
C | X | X | P | X | C | 13. NEWSPAPER OFFICE INCLUDING PRINTING |
P | X | P | X | X | P | 14.
PACKAGE LIQUOR (EXCLUDING DRIVE-THROUGHS) |
P | X | P | X | P | P |
15. WINE STORE (EXCLUDING DRIVE- THROUGHS)
|
P | P | P | X | X | P | 16. TEMPORARY SEASONAL USES SUCH AS CHRISTMAS TREE SALES, NURSERY PLANTS, FRUIT STAND COMPLETELY UNDER SHELTER |
P | P | X | P | X | P | 17. VETERINARIANS |
P | X | P | P | P | P | 18. SCHOOLS TEACHING PHOTOGRAPHY, DANCE MUSIC, ART, LANGUAGE, TRADES INCLUDING BARBER AND BEAUTICIAN SCHOOLS |
P | X | P | P | X | P | 19. MASS TRANSIT TERMINALS INCLUDING BUS AND TAXI SERVICES |
P | X | X | X | X | X |
20. AUCTIONS
|
C | X | X | C | P | X | 21. HOTEL/MOTEL |
P | X | X | X | X | X | 22. ADULT ENTERTAINMENT |
X | X | X | C | C | X | 23. RADIO STATION AND TV STATION |
X | X | X | X | X | C | 24. BOAT SALES NEW AND USED, SERVICE AND REPAIR IN A TOTALLY ENCLOSED BUILDING |
C | X | X | X | P | P | 25. RESIDENTIAL - IN CBDF ONLY SINGLE AND TWO FAMILY USES ARE PERMITTED. ANY MULTI-FAMILY UNITS IN THE CBDF MUST BE APPROVED BY THE BOA. TWO FAMILY UNITS REQUIRE 4,000 SQUARE FEET LOT SIZE MINIMUM, MULTI-FAMILY IS PERMITTED IN CBDF (CCO) AND SUBJECT TO DEVELOPMENT PLAN REVIEW. |
X | X | P | X | X | P | 26. TOOL AND EQUIPMENT RENTAL AND/OR SALES, EXCEPT THAT IN THE CBD ZONE THERE MUST BE A MINIMUM LOT SIZE OF ONE-HALF (1/2) ACRE |
X | X | X | X | X | X | 27. PUBLIC/PAROCHIAL SCHOOL FACILITIES |
P | P | P | P | P | P | 28. LIBRARIES |
X | X | P | X | X | X | 29. FOOD CARTS, FOOD TRUCKS.* |
P | X | X | X | X | X | 30. FREE STANDING WALK-UP ATM’S WITHOUT A PRIMARY BUILDING |
C | C | C | C | C | C | 31. ADAPTIVE RE-USE |
C. ACCESSORY USES:
1. The following accessory uses are permitted in all commercial zones:
a. Customary accessory buildings and uses.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
2. In the Professional Office Zone, uses as listed below, included within and entered from within any building permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
a. Barber Shop
b. Beauty Shop
c. News and confectionery stands.
d. A prescription pharmacy
e. Coffee shop or refreshment stand
3. Within a master planned development where the principle use is office, development will allow residential and commercial uses to occupy up to 20% each of the total square footage. Any desire to increase on this percentage will require a conditional use permit from the Board of Adjustments. The office use would still be required to maintain the principle use in the development.
D. CONDITIONAL USES:
1. In all commercial zones, no building or occupancy permit shall be issued for any conditional use nor any customary accessory building or uses shall be permitted until and unless the location of said use shall have been applied for and approved by the Board of Adjustment as set forth in Section 9.13 of this Ordinance.
2. The adaptive re-use of buildings shall conform to the provisions of section 9:13C. of this ordinance.
E. AREA AND HEIGHT REQUIREMENTS: commercial zones shall be subject to the area and height requirements as shown in the following table:
TABLE 7 AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES | |||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard | Min. Side Yard Width | Min. Rear Yard Depth | Max Bldg. Height | Min. Bldg. Site Area | |
SQF | LF | LF | LF | LF | |||
TABLE 7 AREA AND HEIGHT REQUIREMENTS: COMMERCIAL ZONES | |||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard | Min. Side Yard Width | Min. Rear Yard Depth | Max Bldg. Height | Min. Bldg. Site Area | |
SQF | LF | LF | LF | LF | |||
DISTRICTS: | |||||||
CBD | 5,000* | 50 | 15** | *** | NA | NA | NA |
NC | 5,000* | 50 | 25 | *** | 15 | 40 | NA |
SC | NA | NA | 50 | 50 | 50 | 40 | 5 acres |
RFD | **** | **** | **** | **** | **** | **** | NA |
PO | **** | **** | **** | **** | **** | **** | NA |
CBDF | 2,500 | 25 | 15 | *** | NA | 40 | NA |
CBD, CBDF (CCO) | **** | **** | **** | **** | **** | **** | **** |
* In the case of these zones, more than one (1) principal building as defined herein, may be permitted on one lot.
** Minimum Front Yard Depth for the CBD Zone shall be fifteen (15) feet for buildings five (5) stories or less in height. One (1) additional foot of front yard depth shall be required for each additional story over five (5). Where the front yard depth varies for existing buildings in the CBD Zone, new buildings shall maintain the average depth represented within 200 feet on either side of the property on which a new building is to be constructed.
*** Minimum Side Yard Width shall be as follows in the CBD and NC Zone:
a. For buildings five (5) stories or less in height no restrictions except when adjacent to a street, road, highway or other right of way, where the required width shall be the same as required for a minimum front yard depth in this zone. When buildings abut each other, firewall construction, as required by the Newport Building Code, shall be required. In the event a side yard is provided it shall never be less than fifteen (15) feet wide.
b. For buildings six (6) stories in height a fifteen (15) foot minimum side yard width shall be required.
c. For buildings containing more than six (6) stories, a fifteen (15) foot minimum side yard width plus one (1) additional foot for each additional floor over six (6) shall be required.
LF Linear Foot
SF Square Foot
**** Subject to Development Plan approval
F. OTHER DEVELOPMENT CONTROLS:
1. All Commercial Zones shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
(b) (1) No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
(b) (2) Dumpsters are to be totally enclosed in board or brick fencing.
c. No lighting shall be permitted which would glare from this zone onto any street, road, highway, and deeded right of way or into any adjacent property.
d. Where any yard of any permitted use in Commercial Zones abut property in a residential zone, a minimum yard requirement of ten (10) feet for each side and/or rear yard which abuts said zone shall be provided, and screened in accordance with the requirements of Section 9.16 of this Ordinance.
e. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
f. No use producing objectionable noise, odors, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
g. All business activities permitted within this District shall be conducted within a completely enclosed building with the exception of off street parking and loading and/or unloading areas, temporary seasonal businesses, automotive sales lots, tools and equipment rental and sales, and boat sales, with the exception of outside dining areas.
2. Where permitted, an adult bookstore, adult entertainment establishment and an adult theater are subject to the following locational requirements in commercial zones:
a. No adult bookstore, adult entertainment establishment, or adult theater, as defined herein, shall be located within three hundred (300) feet of any other such use, or located within three hundred (300) feet of the boundaries of any residential zone, or three hundred (300) feet from existing residential areas defined for the purpose of this Section as a block frontage developed with fifty percent (50%) or more residential uses; or located within one thousand (1,000) feet of any permanent structure used as a church or place of religious worship, or located within two thousand (2,000) feet of any public or parochial school.
b. All existing operational adult businesses, which do not presently meet any or all of the locational requirements, shall be deemed a non conforming use.
c. Such restriction as to linear distance requirements as between or among adult bookstores, adult entertainment establishments, or adult theaters, shall apply to compartmentalized buildings or structures, the same as if such compartmentalized buildings or structures were a one (1) building structure. Such restriction, as related to distance requirements, shall be enforced in any and all directions, including but not limited to, north, south, east, west, and where vertical or horizontal distance measurements are required, such restrictions shall likewise apply.
d. The measurement of distance as provided for herein shall be measured in a straight line from and to the nearest points of the respective properties as referred to herein.
e. No portion of any wall of any building which separates an adult bookstore, adult entertainment establishment or adult theater from any other business activity shall be remodeled or altered in any manner to permit access to or viewing of adult bookstores, adult entertainment establishments or adult theaters in an adjoining or adjacent building.
G. TATTOO STUDIOS:
1. No person shall control, operate, conduct, maintain or manage any tattoo or body-piercing establishment or shall perform tattooing or body piercing on any person without complying with the requirements of this section. Failure to comply with any government regulation, health regulation, or zoning condition may result in the revocation of the occupational license and/or conditional use permit.
2. The Kentucky Administrative Regulations (902 KAR 45:065, 45:070) establishes rules regulating the construction, operational, and sanitation practices of tattoo studios to ensure services are provided in a safe and effective manner.
3. No person shall control, operate, conduct or manage any tattoo or body-piercing establishment, whether or not actually performing the work of tattooing or body piercing, without first obtaining a permit from the Northern Kentucky Independent Health District and occupational license.
4. When permitted as a conditional use, tattoo studios shall conform to the following conditions:
a. A tattoo studio shall be located a minimum of 1,000 feet from any other tattoo studio.
b. Tattoo studios must be located in existing principal commercial buildings and tenant spaces.
c. Tattoo Studios must be located entirely within their own tenant space, separated from any other businesses, and have direct access to the public right-of-way without entering other tenant spaces.
d. Tattoo Studios are subject to operating hours between 8AM and 8PM.
e. All application of tattoos and body piercing shall be done in an area not readily visible from the public rights-of-way in a manner approved by the Zoning Administrator.
f. Tattoo Studios shall subject to signage regulations contained in Section XV of this code.
(Am. Ord. O-2010-013, passed 7-12-2010; Am. Ord. O-2010-014, passed 7-12-2010; Am. Ord. O-2011-001, passed 2-28-2011; Am. Ord. O-2011-015, passed 8-29-2011; Am. Ord. O-2013-010, passed 8-19-2013; Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2020-015, passed 9-21-2020; Am. Ord. O-2024-03, passed 3-25-2024)
SECTION 10.4 INDUSTRIAL DISTRICTS
A. DISTRICT DEFINED:
1. INDUSTRIAL ONE ZONE - the purpose of the I 1 Zone is to encourage the establishment of manufacturing and wholesale businesses, which are clean, quiet and free of hazardous or objectionable elements. Operation of these establishments should take place entirely within an enclosed structure and should generate little industrial traffic. No storage of raw materials, manufactured products, or any other materials is permitted in the non screened open space around the building. This zone is usually located adjacent to residential areas and may serve as a buffer between heavier industrial districts and business or residential districts.
2. INDUSTRIAL TWO ZONE - the purpose of the I 2 Zone is to encourage the establishment of heavy industry including manufacturing, production and packaging operations as well as associated storage of raw materials and finished products. This zone will generate heavy industrial traffic and should be separated from residential or business districts by means of a buffer area such as the I 1 Zone.
B. PERMITTED USES:
The permitted uses for each zone are shown in the following Table. Uses listed for the two industrial zones shall be according to the common meaning of the term or according to definitions given in this Ordinance. Uses not specifically listed or defined herein shall not be permitted.
TABLE 8 PERMITTED USES: INDUSTRIAL ZONES (P signifies Permitted; X signifies not permitted) |
TABLE 8 PERMITTED USES: INDUSTRIAL ZONES (P signifies Permitted; X signifies not permitted) | ||
I 1 | I 2 | PERMITTED USES: |
P | P | 1. ANY INDUSTRIAL MANUFACTURING, PROCESSING, REFINING, FABRICATIONS, ASSEMBLING, WHOLESALING, WAREHOUSING, CLEANING, TESTING OR REPAIRING OF GOODS, MATERIALS OR PRODUCTS including the following (but excluding (1) storage, utilization or manufacture of materials intended for detonation; and, retail sales or services, business offices or discount establishments dealing directly with consumers): |
X | P | a. Acetylene, Butane and Bottled gas; Petroleum Refining and Products including Plastics; and Related Bulk Storage Stations. |
X | P | b. Asphalt, Brick, Cement, Concrete, Gypsum, Plaster of Paris, Sand and Gravel, Stone (including monument works employing power driven tools) Tile or Terra Cotta. |
P | P | c. Candy and Confectionery Products; Cigars and Cigarettes; Flour Mills, Food and Beverage Products including the rendering or refining of Fats and Oils; Vinegar and Yeast. |
X | P | d. Chemical, Paint and Fertilizer Products including Ammonia, Bleach, Bluing, Calcimine, Chlorine, Corrosive Acid or Alkali, Dyes, Lacquer, Lime, Shellac, Turpentine, and Varnish. |
P | P | e. Cosmetic, Pharmaceuticals, and Toiletries. |
P | P | f. Electric Appliances, Electrical and Non-Electrical Machinery, Equipment and Supplies; Fountain and Beverage Dispensing Equipment; Television Sets, Phonographs, and Household Appliances. |
P | P | g. Furniture and Office Equipment |
P | P | h. Musical Instruments, Toys, Novelties, Jewelry, Rubber or Metal Stamps; Instruments of Professional, Scientific, Photographic and Optical Use. |
X | P | i. Iron, Steel, Aluminum Foundry of Forge Works and Heavyweight Casting, Rolling Mills. |
X | P | j. Lumber mills and Storage Yards, Paper, paperboard and Pulp Mills. |
X | P | k. Metal, Metal Finishing and Metal Products including the use of Blast Furnaces and Forges |
X | P | l. Products from the following previously processed materials: Paper, Glass, Cellophane, Leather, Feathers, Fur, Precious or Semiprecious Metals, Hair, Horn, Shell, Tin Steel, Wood, Plastics Rubber, Bone, Cork, Felt, Fibers, Yarn, Wool, Tobacco. |
X | P | m. Animated and/or illuminated Billboards and Other Commercial Advertising Structures. |
X | X | 2. Mining. |
X | P | 3. Laundries and dry cleaning Plants involving Laundering and Dry Cleaning of Articles delivered to the premises by Commercial Vehicles including Clothes, Carpets and Rugs. |
P | P | 4. Bottling and Canning Works including Brewing and Distilling of Liquors. |
X | P | 5. Building Materials Yards, Contractors Offices and Accessory Storage Yards including storage of General Construction Equipment and Vehicles. |
X | P | 6. Bus Line Shops and Storage, Carting, Express, Hauling or Storage Yards, Freight Terminals, Trucking Terminals |
X | P | 7. Forge Plants, Foundries, and Plating Plants. |
P | P | 8. Governmentally owned and/or operated City, County or State garages. |
P | P | 9. Industrial Engineering Consultant Offices and Laboratories, Offices and Other Facilities for Research, both Basic and Applied, conducted by or for an Industrial Organization or Concern, whether Public or Private. |
P | P | 10. Publishing and distribution of books, newspapers and other Printed Materials Including Printing, Engraving, and related Reproduction processes. |
X | P | 11. Processing of junk, waste, discarded or salvaged Materials, machinery or equipment, Including Automobiles wrecking or dismantling. |
X | P | 12. Railroad facilities including passengers and freight terminals, marshaling yards, maintenance shops and roundhouse. |
P | P | 13. Schools for industrial or business training. |
X | P | 14. Coal, Coke, or Wood Yards. |
C | P |
15. Recycling, Light, only within an existing non-residential structure.
|
C | C | 15. Adaptive Re-Use |
I 1
|
I 2
|
PERMITTED USES:
|
P | P | 16. Reprocessing, refurbishing and repair of automotive and truck parts and accessories, including the retreading of tires in a completely enclosed facility. Retail sales of new and/or refurbished Automotive and truck parts, accessories and tires is permitted as an accessory use as is the related servicing of vehicles on site in the enclosed facility. |
X | P | 17. Adult Entertainment. |
C | X | 18. Commercial Event Center. |
C. ACCESSORY USES:
1. The following accessory uses are permitted in all industrial zones:
a. Customary accessory buildings and uses including operations required to maintain or support any use permitted in this district on the same lot as the permitted use, such as maintenance shops, power plants, and machine shops.
b. Fences and walls as regulated by Article XII of this Ordinance.
c. Signs as regulated by Article XV of this Ordinance.
d. Uses as listed below, included within and entered from within any use permitted in this zone as a convenience to the occupants thereof, and their customers, providing such accessory uses shall not exceed ten percent (10%) of the gross floor area of the permitted uses in the building and no exterior advertising displays for any accessory uses shall be visible from outside the building:
(1) Cafeterias
(2) Coffee shops or refreshment stands
(3) Soda or dairy bars.
D. AREA AND HEIGHT REQUIREMENTS: Industrial Zones shall be subject to the area and height requirements as shown in the following table:
TABLE 9 AREA AND HEIGHT REQUIREMENTS: INDUSTRIAL ZONES | ||||||
Min. Lot Area | Min. Lot Width | Min. Front Yard Depth | Min. Side Yard Depth | Min. Rear Yard Depth | Max Bldg. Height | |
SQF | LF | LF | LF | LF | LF | |
DISTRICTS: | ||||||
I-1 | 17,000 | 125 | 25 | 15 | 20 | 35 |
I-2 | 17,000 | 125 | 25 | 15 | 20 | 40 |
E. OTHER DEVELOPMENT CONTROLS:
1. All Industrial Zones shall be governed by the following additional development controls:
a. Off street parking and loading shall be provided in accordance with Articles XIII and XIV of this Ordinance.
b. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right of way or into any adjacent property.
c. Where any yard of any permitted use in industrial zones abuts property in a residential zone, a minimum yard requirement of seventy five (75) feet for each side and/or rear yard, which abuts, said zone shall be provided, and screened in accordance with the requirements of Section 9.16.
d. A development plan, as regulated by Section 9.19 of this Ordinance, shall be required for any use permitted in this zone, except when development is proposed under the Planned Unit Development (PUD) regulations as regulated by Section 9.23 of this Ordinance.
e. Any adult entertainment establishment must be screened by shrubs and wrought iron fencing. Adjoining any I-1 zone shall require a 10-foot buffer and screen.
f.
Any adult entertainment establishment shall be limited to one building mounted sign (interior Illuminated) at a 1:1 square foot ratio to building frontage. This sign is to not exceed the roofline of the building.
g. Any light recycling use must meet the following performance criteria:
(1) All operation and storage must be completely enclosed inside a primary building.
(2) No on-street parking or staging areas permitted.
(3) Any light recycling use may not be permitted directly adjacent to a residential use.
(4) Any parking or staging areas must be screened from view along any abutting arterial or collector roadways. Screening shall meet the requirements of Section 9.16 (C)(1) and (D)(1) through (5).
F. The adaptive re-use of buildings or structures shall conform to the provisions of section 9:13C. of this ordinance.
(Am. Ord. O-2019-023, passed 9-23-2019; Am. Ord. O-2020-006, passed 3-10-2020; Am. Ord. O-2021-001, passed 2-22-2021; Ord. O-2024-03, passed 3-25-2024)
SECTION 10.5 MONUMENT CENTER ZONE (MC)
District Defined:
The Monument Center Zone (MC) is created to allow a mixture of uses that capitalize on the uniqueness of the Millennium Monument. Uses within this zone are to be compatible with the primary function of the monument as a tourist attraction. This zone will allow for a variety of commercial, educational, restaurant and business uses.
Permitted Uses:
Restaurant
Retail Sales
Theater
Exhibition/Educational Center
Business Office
Entertainment/Indoor Commercial Amusement
Radio/TV transmission station
Commercial Parking Lots
Accessory Uses:
Customary accessory buildings and uses.
Fences and walls as regulated by Article XII of the Zoning Ordinance.
Signs as regulated by Article XV of the Zoning Ordinance.
Area and Height Requirements:
All area and height requirements are subject to Development Plan approval as regulated by Section 9.19 in the Zoning Ordinance.
Other Development Controls:
a. Off-street parking and loading shall be provided in accordance with Articles XIII and XIV of the Zoning Ordinance.
b. No outdoor storage of any material shall be permitted in this zone except within enclosed metal containers.
c. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.
(Am. Ord. O-2016-024, passed 12-12-2016)