c.   Nonoperative or nonused for a period of at least one (1) calendar year.

         b.   Abandonment. Abandonment shall be deemed to have occurred when the nonconforming activity ceases to operate and/or the premises are vacated so as to leave the property unoccupied for a period of one (1) calendar year or more.

         c.   Nonoperative or not used for a period of one (1) calendar year or more.

   A.   DETERMINATION: The Board of Adjustment may authorize a conditional building and use to be located within any zone in which the particular conditional use is permitted by the use regulations of this Ordinance, if the evidence presented by the applicant is such as to be established by preponderance of the evidence:

   C.   RE-USE OF PREVIOUSLY APPROVED OR EXISTING NON-CONFORMING BUILDINGS OR STRUCTURES: To prevent the abandonment of conditional use structures and to promote their adaptive re-use in all zones within the city, previously approved structures may, subject to the approval of the Board of Adjustments, be approved as a new conditional use allowing higher residential density than the underlying zone would permit, the operation of a commercial, non- industrial, use or a combination of both subject to the following restrictions:

      3.   Fences, walls and obstruction to view requirements of Article XII;

      4.   Sign regulations pursuant to Article XV;

      5.   In residential zones, the permitted commercial uses shall be compatible with the surrounding zone;

      6.   The adaptive re-use shall be located within the existing conditional use structure; and

      7.   Parking per Section 13.1.

(Am. Ord. O-2019-023, passed 9-23-2019)

   B.   ZONES PERMITTING PLANNED UNIT DEVELOPMENT: A Planned Unit Development may be permitted in any zone where it is listed as “Permitted Principal Use”, provided all conditions or provisions as set forth in this section are met and a public hearing is held in accordance with requirements of KRS Chapter 424 on the concept development plan.

   D.   APPLICATION AND APPROVAL PROCEDURES. Whenever a PUD is proposed, before a permit for the erection of a permanent building in such PUD shall be granted, and before a subdivision plat of any part thereof may be filed in the office of the Planning and Zoning Commission, the developer or his authorized agent shall apply and secureapproval of such PUD in accordance with this Section. Review of the project shall take place in three (3) phases. Lack of sufficient or continuous progress as defined herein, either through or between phases, may lead to nullification of all approvals by the City of Newport Planning and Zoning Commission. Approval of any one phase does not guarantee approval of any subsequent phases.

         a.   Concept Plan - in order to allow the Planning and Zoning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the applicant shall submit:

            (1)   A legal description of the metes and bounds of the parcel.

            (2)   An area map and/or aerial photograph showing adjacent property and existing uses within three hundred (300) feet of the proposed PUD parcel.

            (3)   A concept plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:

               a)   The existing topographical features of the site;

               b)   General map of the watershed in which the project is to be located;

               c)   Identification of soil types and geologic formations, indicating anticipated construction and development related problems and proposed solutions;

               d)   Location of proposed interior roadway system and all right-of-way widths and easements whether public or private, and including approximate dimensions of pavement, and grades;

               e)   Delineation of all existing and proposed residential and nonresidential areas, indicating for each area, its general extent, acreage, and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;

                  i.)   Detached housing — location and approximate number of lots, including a typical section(s) identifying approximate lot sizes and dimension, and setback and height of buildings;

                  ii.)   Attached housing — location and description of the various housing types (townhouse, apartment, etc.) including approximate heights of typical structures and approximate number of units by housing type;

                  iii.)   Commercial uses — location and type of all uses including approximate number of acres, gross floor area and heights of buildings;

                  iv.)   Open space/recreation— the approximate amount of area proposed for common open space, including the location of recreational facilities, and identification of unique natural features to be retained;

                  v.)   Other public and semi-public uses — location and type of all uses, including approximate number of acreage and height of buildings.

               f)   Calculation of the residential density in dwelling units per gross acre including interior roadways;

               g)   Location of proposed pedestrian walkways, identifying approximate dimensions;

               h)   Where portions of the site are subject to flooding, the map shall indicate extent and frequency;

               i)   Principal ties to the community at large with respect to transportation, water supply, sanitary and storm sewers and electric;

               j)   General description of the availability of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and how these facilities are affected by these proposals;

               k)   Evidence that the proposed PUD is compatible with the goals of the City’s Official Comprehensive Plan;

               l)   General statement as to how common open space is to be owned and maintained;

               m)   If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to bephased, the concept plan shall show the intended total project.

         b.   The Planning and Zoning Commission shall review the concept plan and its related documents at a public hearing and shall render a written report to the applicant within fifteen (15) days of the public hearing. The Planning Commission may call upon other public or private entities to provide a sound review of the proposal. The Planning and Zoning Commission may require preliminary approval from other City or state agencies. The Commission need only concern themselves with general conceptual merit, and in no way shall commit any future acceptance or rejection of detailed design elements required in subsequent phases of plan review. The written report shall include the following:

            (1)   Whether the proposal meets the intent and objectives of this PUD Section;

            (2)   Whether the proposal is conceptually sound in that it conforms to accepted design principals in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the developed elements;

            (3)   Whether there are adequate services and utilities available or proposed to be made available in the construction of the project.

         c.   If The Planning and Zoning Commission grants approval or approval with conditions of the proposed PUD conceptual plan, then the applicant may proceed to Phase II.

   E.   PHASE II PRELIMINARY PLAT PETITION:

      1.   Application Filing - after having received approval of the proposed PUD conceptual plan, the applicant may then proceed to Phase II of the approval process. Application for preliminary plat approval shall be submitted to the City of Newport Planning and Zoning Commission's duly authorized representative for administrative review for conformance with the approved concept plan, the City's subdivision regulations, and other applicable elements of this ordinance including the below required information. Staff may approve the preliminary plat with minor adjustments from the concept plan, without a public hearing. In the event that staff determines that a major change has been proposed, including changes in density, circulation patterns, land use types or other similar factors, the proposed revisions shall be reviewed through the public hearing process as provided under KRS Chapter 424.

      2.   Contents of Preliminary Plat - the preliminary plat shall be filed in three (3) copies at a scale not greater than 1"=100' and include the following:

         a.   An area map showing the applicant’s entire holding, that portion of the applicant’s property under consideration, and all properties, subdivisions, streets and easements within three hundred (300) feet of the applicant’s property.

         b.   A topographic map of the entire area showing contour intervals of not more than five (5) feet of elevation shall be provided. Where existing ground is on a slope of less than two percent (2%), the plan shall show either one (1) foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in all directions.

         c.   A preliminary site plan including the following information:

            (1)   Title of drawing, name of project, name and address of applicant.

            (2)   The land use plan identifying existing and proposed uses and building by type, location, quantity, design, floor area, and density of specific sections and the project in total.

            (3)   North point, scale and date.

            (4)   Existing and proposed watercourses.

            (5)   Street layout and design.

            (6)   The open space plan and planned sites for schools, recreation areas, community centers, and other public improvements where applicable.

            (7)   Location of all existing or proposed site and off site improvements, including drains, ditches, culverts, retaining walls, and fences; descriptions and location of method of sewage disposal and water supply; location and size of all signs (street name and traffic control); location and design of street and parking lighting; and the amount of building area proposed for non residential uses, if any.

            (8)   A plan for phasing the construction of the project, showing the geographical coverage of future plats, their approximate sequence of development, and the tentative timetable for development. It is the intent of this Section that the tempo and sequence of development in a PUD be such that land uses which provide only moderate local revenues, yet require large municipal and school service costs, are scheduled simultaneously with those that provide larger local revenues yet which are not as costly to service.

         d.   The Planning and Zoning Commission may require, if all or part of the gross land area of the PUD has moderate to high susceptibility to flooding, a transparent overlay showing all soils, areas, and their classifications; as well as those areas susceptible to flooding, or moderately or highly susceptible to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage.

      3.   Factors for Consideration - The Planning and Zoning Commission staff's review of a preliminary site plan shall include, but shall not be limited to, the following considerations:

         a.   Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, signs, and traffic controls.

         b.   Adequacy and arrangement of pedestrian traffic access and circulation; separation of pedestrian from vehicular traffic; and pedestrian convenience.

         c.   Location, arrangement, appearance, and sufficiency of off-street parking and loading.

         d.   Location, size, and placement of buildings, lighting and signs.

         e.   Type and arrangement of landscape features.

         f.   Adequacy, location, and size of storm water and sanitary waste disposal facilities.

         g.   Adequacy of structures or roadways in areas with moderate to high susceptibility to flooding, ponding, or erosion.

         h.   Conformance with other specific requirements of the Planning and Zoning Commission, which may have been stated in the PUD conceptual plan approval.

         i.   In its review, the Planning and Zoning Commission may consult with the City engineer, other departments or officials, as well as with the representatives of Federal and State agencies such as the Soil Conservation Services, or Department of Natural Resources. The Planning and Zoning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety, and general welfare.

         j.   That property adjacent to the proposed development will not be adversely affected.

      4.   Action on Preliminary Plat Plan - within thirty (30) days of submittal, staff will determine whether any major changes have been proposed, and either refer the application to the Newport Planning and Zoning Commission or act on it. The Planning and Zoning Commission staff's actions shall be in the form of a written statement to the applicant stating whether or not the preliminary plat plan is conditionally approved.

   F.   PHASE III FINAL DEVELOPMENT PLAN AND FINAL PLAT REQUIREMENTS:

      1.   Application for Final Development Plan Approval - after receiving the conditional approval from the Planning and Zoning Commission's duly authorized representative on a preliminary plat and approval for all necessary permits and curb cuts from City and/or state officials, the applicant may prepare his final Development Plan and submit it to the Planning and Zoning Commission for final approval. The Final Development Plan shall conform substantially to the preliminary plat plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Planning and Zoning Commission during concept plan and preliminary plat plan review procedures.

      2.   Final Platting Procedures - the elements of the final plat shall consist of:

         a.   Plat or plats of the subject property drawn to a scale of not greater than one (1) inch equals one hundred (100) feet, suitable for recording and which will be recorded in the office of the County Clerk, after final approval by the Planning and Zoning Commission. The plat or plats shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning and Zoning Commission, and in addition to the following:

            (1)   All areas reserved for common ownership with an indication of the properties the owners will share in common.

            (2)   Such lot or parcel lines indicting tracts, which are, now in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval);

            (3)   Indication of areas to be developed for residential (by type of housing unit), commercial, public and semi-public uses.

         b.   In addition to and along with the final plat, the applicant shall also submit a final development plat, at a scale of not greater than one (1) inch equals one hundred (100) feet, which shall set forth, identify, and locate the following:

            (1)   The proposed finished grade of the subject property shown by contours with intervals not larger than two (2) feet supplemented where necessary, by spot elevations;

            (2)   All walks, malls, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, etc.

            (3)   The location and type of all walls, fences, screen plantings, and landscaping;

            (4)   The location, size, height, and orientation of all signs;

            (5)   The types of surfacing proposed on the various off-street parking, and driveways including cross sections and drainage plans;

            (6)   Location and cross section drawings of all proposed streets, highways, alleys, and walkways, indicating the proposed surfacing and drainage plans;

            (7)   A plan showing all existing and proposed utilities, indicating, where applicable, pipe sizes, types, and grades;

            (8)   A drainage plan of the natural and storm sewer system of the area showing size and location of each existing and proposed structure, the approximate volume of runoff water generated by development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion, hillside slippage, and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

            (9)   Plans and drawings required above may be combined in any suitable and convenient manner so long as the data required is clearly indicated on one or more of said plans. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.

            (10)   A final schedule of development staging and phasing as set forth elsewhere in this Ordinance.

            (11)   Sketches of the exteriors of several representative buildings in the project. It is intended that neither uniformity of architectural style nor unnecessary diversity thereof be a prerequisite to approval, but the developer is encouraged to exercise ingenuity in achieving a harmonious entity without undue attention to consistency. The purpose of this subsection is to permit development flexibility greater than that permitted by other sections of this Ordinance.

         c.   The Final Development Plan - after approval by the Planning and Zoning Commission, shall be delivered to the Zoning Administrator, who shall grant permits only in accordance with the approved development plan and other plans as required by this Ordinance.

   G.   SUPPLEMENTAL REGULATIONS:

      1.   Proceedings - all proceedings brought under this section shall be subject to the rules of procedure of the Planning and Zoning Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of preliminary plat plans and final plat plan.

      2.   Modification - in the exercise of its continuing jurisdiction, the Planning and Zoning Commission may, from time to time, modify the approved final plat plan in a manner consistent with the approved preliminary plat plan to allow for changed circumstances and conditions unforeseen at the time of the original approval.

      3.   Request for Changes - if in the development of the site, it becomes apparent that certain elements of the plan are not feasible and in need of significant modification, the applicant shall then present his solution to the Planning and Zoning Commission. The Planning and Zoning Commission shall then determine whether or not the modified plan is still in keeping with the intent of the Comprehensive Plan and zoning district with respect to the specific property. If a negative decision is reached, the site plan shall be considered as disapproved. The applicant may then produce another site plan solution. If an affirmative decision is reached, the Planning and Zoning Commission shall so notify the Zoning Administrator, stating all of the particulars of the matter and authorizing the modifications as approved.

      4.   Expiration of Approval - approval by the Planning and Zoning Commission shall expire after a period of five (5) years from the approval of the PUD’s Development Plan unless the development is fifty one percent (51%) completed in terms of public improvements such as power, gas, water, and sanitary sewers, in which latter instance an extension of time may be granted by the Planning and Zoning Commission not to exceed five (5) successive periods of two (2) years each.

      5.   Recording- all approved final plat plans and modifications thereof shall be recorded in the appropriate plat books in the office of the County Clerk after approval by the Planning and Zoning Commission.

(Am. Ord. O-2019-023, passed 9-23-2019)

         b.    Subsurface investigation of the area under consideration, including test borings, laboratory tests, and engineering analysis shall be made by a qualified professional engineer of the appropriate discipline, (such as or including, but not limited to, geotechnical, structural, civil, materials, environmental, or utility engineers) indicating that the building and physical changes proposed in the area will be completed in a manner which will minimize hillside slippage or soil erosion.

      3.   The Development Plan, cut and fill permit, and other information required in Section 9.24 B. 2 of this Section of the Ordinance shall be reviewed by the City Engineer who will recommend to the Planning and Zoning Commission, or its duly authorized representative, what effect the proposed development will have on hillside slippage and soil erosion. After consideration of the recommendations of the City Engineer, the Planning and Zoning Commission, or its duly authorized representative, may grant a permit for use of the site in accordance with the submitted plans.

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

(Am. Ord. O-2020-006, passed 3-10-2020)

      1.    A tree inventory plan shall be submitted and reviewed in conjunction with all development and/or subdivision plans and before any clearing and/or grading takes place on the property. The tree inventory plan must be prepared by an arborist or other qualified tree specialist, and the protective tree barriers must be in place before any clearing and/or grading takes place on the property. The tree inventory plan shall include all trees with a diameter of six (6) inches or more as measured 12" above the ground for the entire site and contain information on species, diameter, and condition, as well as the location of all such trees within the buildable area and within twenty (20) feet of the perimeter of the buildable area. The tree inventory plan shall also identify any landmark tree(s) and delineate the buildable area of a proposed development. The Planning and Zoning Commission may permit the removal of a tree outside the buildable area, with the advice of the City Arborist, pursuant to the requirements contained elsewhere in this section, provided tree removal of the tree is reasonably required to develop the parcel in compliance herewith.

      2.   All trees to be saved outside of the buildable area of a development shall be conspicuously designated with suitable protective tree barriers as designated herein or as otherwise approved by the Zoning Administrator. Approved tree protective barriers shall be installed along the outermost dripline around the tree protection zone. Protecting groups or groves of two or more trees is encouraged rather than the protection of individual (non-specimen) trees that may be scattered throughout a development site. The layout of development improvements, utilities, access drives, grading, etc., of a site shall accommodate the required tree protective zones. The public improvements shall be placed between tree protective zones unless the placement of same causes undue hardship on the developer as determined by the Planning and Zoning Commission. Upon consultation with the City Arborists, if the Planning and Zoning Commission determines that public improvements and/or utilities may be placed within a tree protective zone, the installation of same shall occur by way of tunneling rather than trenching or other method as approved by The Planning and Zoning Commission.

Construction site activities including, but not limited to material storage, parking, or concrete washout shall not encroach into any tree protection zone without the prior approval of the Zoning Administrator. Any tree irreparably damaged or destroyed within a tree protection zone as a result of construction activity shall be removed and replaced with a tree at least two inches (2") caliper by the owner and/or developer at a ratio described in the table below for every tree irreparably damaged or destroyed. The species of the replacement trees must be approved by the Planning and Zoning Commission, or its duly authorized representative.

 

 

Tree protection zones shall be delineated with typical temporary construction fencing or continuous rope or flagging. In either case, the tree protection barrier shall be accompanied by “Tree Save Area” signage to be placed around the tree zone not more than every twenty (20) feet. Protective tree barriers shall be installed to a minimum height of four (4) feet above ground level around the outermost drip line of the tree protection zone, and the tree-planting plan shall indicate the total number and species of trees to be planted within a proposed development along with the intended location of same. Trees required to be planted by this ordinance should be planted predominately in the developed areas, driveway aisles, and/or parking areas of the project. In no case shall more than fifty percent (50%) of the trees required to be planted be utilized to satisfy the screening requirements of a development. The exact location of the trees to be planted and the species shall be approved by the Planning and Zoning Commission, after review of the City Arborist's recommendations, as part of the Stage I review process. Whenever the owner/developer can demonstrate to the Planning and Zoning Commission that the site spatial constraints result in an absolute inability to plant the required number of trees. As many trees as possible shall be planted on the site. Additional landscaping may be substituted for mandatory tree planting at the discretion of the Planning and Zoning Commission. The difference in the monetary value of the number of trees required to be planted, and the number of trees actually planted on the site shall be paid to the City's tree fund for tree planting elsewhere in the City on public property. A reduction credit of one (1) tree or more shall be granted to an owner/developer when either of the following conditions exist:

      (a)   For every tree saved within the buildable area of a development, eight (8) inches or more in diameter, or

      (b)   For every two (2) trees saved within the buildable area of a development six (6) to eight (8) inches in diameter.

   3.    A landmark tree may not be removed without prior approval of the Planning and Zoning Commission. If a landmark tree is irreparably damaged or must be removed, it must be replaced with six (6) trees of 4" caliper with location and species as determined by the Planning and Zoning Commission.

   4.   The following criteria shall apply for tree replacement for each zoning district as outlined below:

      (a)   The following requirements shall apply for all tree planting plans in conjunction with all development plans submitted for a development in a R-2, R-3, R-4, or R-5 Zone.

Two (2) trees shall be planted on the development site for every one (1) unit approved. Any tree planted relative to the requirements contained herein shall not be less than two (2) inches in diameter as measured 12" above the ground when planted.

      (b)   The following requirements shall apply for all tree planting plans in conjunction with development plans submitted for a development in a RFD Zone, CBDF Zone, CBD Zone, SC Zone NC Zone, PO Zone, 1-1 Zone or 1-2 Zone. One (1) tree shall be planted on the development site for every five (5) required parking spaces. Any tree planted relative to the requirements contained herein shall be not less than three (3) inches in diameter as measured 12 inches above the ground when planted.

      (c)   The following requirements shall apply for all tree-planting plans in conjunction with new subdivision plans with multiple lots submitted for a subdivision in R-l Zone and CO Zones. Two (2) trees shall be planted on each lot for every five thousand (5,000) square feet of lot area or fraction thereof. The tree(s) required to be planted on each lot may be planted on the lot or on the public rights-of-way in front of each lot. Any tree planted relative to the requirements contained herein shall not be less than two (2) inches in diameter as measured 12 inches above the ground when planted.

PENALTIES:

Any person, firm, organization who violates any of the provisions hereof shall, upon conviction, be guilty of a Class B Misdemeanor In accordance with the Kentucky Revised Statutes. Each day of continuous violation with any of the provisions contained herein shall be considered a separate offense and shall be punishable accordingly. Furthermore, any repeated violation of any provision of Section 9.28 of this Ordinance by any person, firm, organization or corporation shall be grounds for the revocation or suspension by the Building Inspector of any permit for the grading, construction, remodeling or demolitions of any site, building or structure on a site so Involved. Upon the revocation or suspension, the person, firm, organization or corporation shall not be granted any new permit for the site in question for a period of one (1) year from the date of said revocation or suspension.

(Am. Ord. O-2020-006, passed 3-10-2020)

   A.   PURPOSE. The purposes of these regulations are: to provide for the safest and most efficient integration of cellular antenna towers and small cell system towers for cellular telecommunications services or personal communications services within the community; to provide for such facilities in coordination with the recommendations of the comprehensive plan; and to allow for such facilities with the intention of furthering the public health, safety, and general welfare.

   B.   PRE-APPLICATION CONFERENCE. Applicants are encouraged to notify the planning commission to discuss proposals, to allow for early coordination, and to identify those items that are in conformance/nonconformance with the comprehensive plan, zoning ordinance, and the provisions of these regulations.

   C.   STATUS AS MINIMUM STANDARDS. In their interpretation and application, these regulations shall be viewed as minimum standards or requirements, adopted for promotion of public health, safety, and general welfare. Whenever these regulations conflict with a requirement of any other lawfully adopted rule, regulation, ordinance, order, or resolution, the most restrictive or that imposing the higher standards shall govern.

   D.   COMPLIANCE REQUIRED. Except as hereinafter specified, no cellular antenna tower or small cell system tower shall hereafter be placed or constructed except in conformity with these regulations.

   E.   USE OF GRAPHICS, ILLUSTRATIONS, AND FIGURES. Where a conflict may occur between the text and any graphic, illustration, or figure, the text shall control.

   F.   BURDEN OF PROOF. The burden of demonstrating that an application subject to these regulations complies with applicable review and approval standards is on the applicant. The burden is not on the staff, Planning Commission, or other parties to show that the standards have been met by the applicant or person responsible for the development.

   G.   DEFINITIONS. For the purposes of these regulations, the following definitions shall apply:

      ALTERNATIVE CELLULAR ANTENNA TOWER: Manmade trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that accommodate, camouflage, minimize or conceal the presence of cellular antennas or cellular antenna towers and that are constructed primarily for the purpose of accommodating cellular antennas or cellular antenna towers or are reconstructed for the purpose of accommodating cellular antennas or cellular antenna towers. This does not include existing structures erected for another primary purpose, but which subsequently have cellular antennas attached to or located within them, without any reconstruction of the original structure. For the provisions of these regulations, an alternative cellular antenna tower is considered a cellular antenna tower.

      ANTENNAS OR RELATED EQUIPMENT: Any transmitting, receiving, or other equipment used to support cellular telecommunications service or personal communications service.

      CELLULAR ANTENNA TOWER: A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.

      CELLULAR TELECOMMUNICATIONS SERVICE: A retail telecommunications service that uses radio signals transmitted through cell sites and mobile switching stations.

      CO-LOCATION: Locating two (2) or more transmission antennas or related equipment on the same cellular antenna tower.

      GUYED CELLULAR ANTENNA TOWER: A type of wireless transmission tower that is supported by thin guy wires.

      LATTICE CELLULAR ANTENNA TOWER: A self-supporting tower with multiple legs and cross bracing of structural steel.

      MONOPOLE CELLULAR ANTENNA TOWER: A slender self-supporting tower on which wireless antenna can be placed.

      PERSONAL COMMUNICATION SERVICE: Has the meaning as defined in 47 U.S.C. sec. 332 (c).

      PLANNING COMMISSION: The Newport Planning and Zoning Commission

      RIGHTS-OF-WAY: The surface of and space above and below any real property in the City in which the federal government, Commonwealth or City has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, bridges, or any other public place, area, or property under the control of the federal government, Commonwealth, or City.

      SMALL CELL SYSTEM: A network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell, or similar systems.

      SMALL CELL TOWER: Any structure under fifty (50) feet in height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communications Commission- licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a SMALL CELL TOWER, and is not a utility pole. The term SMALL CELL TOWER includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell or similar systems.

      STEALTH TECHNOLOGY: State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize visual impact. These design techniques may be applied to wireless communications towers, antennas, and other facilities, which blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, facilities constructed to resemble light poles, flag poles or other streetscape amenities. The use of additional features such as flags, decorative street lamps and banners or signs may be utilized to blend the proposed facility into the visual backdrop.

      TRANSMISSION EQUIPMENT: Equipment that facilitates transmission for Federal Communications Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wirelesses services such as microwave backhaul.

      UNIFORM APPLICATION: An application to construct a cellular antenna tower submitted to a planning commission in conformity with KRS 100.985 through KRS 100.987.

      UTILITY: Has the meaning as defined in KRS 278.010(3).

      UTILITY POLE: A structure originally constructed for the support of electrical, telephone, cable television or other video services, street lighting, or other similar cables and located within the public right-of-way or utility easements. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a small cell tower, and is not a UTILITY POLE.

   H.   GENERAL. Cellular antenna towers and small cell system towers for cellular telecommunications services or personal communications services may be allowed in any zone after a planning commission review in accordance with the following procedures to ascertain agreement with the adopted comprehensive plan and the regulations contained within the zoning ordinance.

      1.   Applicability. Every utility, or a company that is engaged in the business of providing the required infrastructure to a utility, that proposes to construct a cellular antenna tower and/or small cell system towers shall submit a completed uniform application to the planning commission. Where the planning commission finds that circumstances or conditions relating to the application of an alternative cellular antenna tower are such that one or more of the requirements of the uniform application listed below are not necessary or desirable for the protection of surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the planning commission, or its duly authorized representative, may modify or waive such requirement of the uniform application, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver. The planning commission shall not regulate the placement of antennas or related equipment on an existing structure.

      2.   Application Requirements. Applications for the construction of cellular antenna towers and/or small cell system towers for cellular telecommunications services or personal communications services shall include the following:

         a.   The full name and address of the applicant.

         b.   The applicant’s articles of incorporation, if applicable.

         c.   A geo-technical investigation report signed and sealed by a professional engineer registered in Kentucky that includes boring logs and foundation design recommendations.

         d.   A written report, prepared by a professional engineer or land surveyor, of findings as to the proximity of the proposed site to flood hazard areas.

         e.   Location within the City of Newport of the proposed site, including street names.

         f.   The lease or sale agreement for the property on which the tower is proposed to be located, except that, if the agreement has been filed in abbreviated form with the county clerk, an applicant may file a copy of the agreement as recorded by the county clerk, the portion, if applicable, of the agreement demonstrating compliance with KRS 100.987(2), and, if applicable, the portion of the agreement that specifies, in the case of abandonment, a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.

         g.   The identity and qualifications of each person directly responsible for the design and construction of the proposed tower.

         h.   A site development plan or survey, signed and sealed by a professional engineer registered in Kentucky, that shows the proposed location of the tower and all easements and existing structures within five hundred (500) feet of the proposed site on the property on which the tower will be located, and all easements and existing structures within two hundred (200) feet of the access drive, including the intersection with the public street system.

         i.   A vertical profile sketch of the tower signed and sealed by a professional engineer registered in Kentucky indicating the height of the tower and the placement of all antennas.

         j.   The tower and foundation design plans and a description of the standard according to which the tower was designed, signed, and sealed by a professional engineer registered in Kentucky.

         k.   A map, drawn to a scale no less than one (1) inch equals two hundred (200) feet, that identifies every structure and every owner of real estate within five hundred (500) feet of the proposed tower.

         l.   A statement that every person who, according to the records of the property valuation administrator, owns property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed, has been:

               (1)   Notified by certified mail, return receipt requested, of the proposed construction which notice shall include a map of the location of the proposed construction.

               (2)   Given the telephone number and address of the local planning commission; and

               (3)   Informed of his or her right to participate in the planning commission’s proceedings on the application.

         m.   A list of the property owners who received the notice, together with copies of the certified letters sent to the listed property owners.

         n.   A statement that the City Manager of the affected local government and the legislative body (i.e., City Manager, Board of Commissioners of the City of Newport, County Judge-Executive, Campbell County Fiscal Court, Mayor of Newport, Newport City Commission) have been notified, in writing, of the proposed construction.

         o.   A copy of the notice sent to the chief executive officer of the affected local government and the legislative body (i.e., City Manager, Board of Commissioners of the City of Newport; County Judge-Executive, Campbell County Fiscal Court; Mayor of Newport, Newport City Commission).

         p.   A statement that the Greater Cincinnati/Northern Kentucky Regional Airport has been notified, in writing, of the proposed construction and a copy of the notification.

         q.   A statement that:

            (1)   A written notice, of durable material at least two (2) feet by four (4) feet in size, stating that “[Name of applicant] proposed to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the planning commission, has been posted in a visible location on the proposed site; and

            (2)   A written notice, at least two (2) feet by four (4) feet in size, stating that [Name of applicant] proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the planning commission, has been posted on the public road nearest the site and shall remain in a visible location on the proposed site until final disposition of the application.

         r.   A statement that notice of the location of the proposed construction has been published in the Campbell County Recorder of Campbell County, Kentucky.

         s.   A brief description of the character of the general area in which the tower is proposed to be constructed, which includes the existing land use for the specific property involved.

         t.   A statement that the applicant has considered the likely effects of the installation on nearby land uses and values and has concluded that there is no more suitable location reasonably available from which adequate service to the area can be provided, and that there is no reasonably available opportunity to locate its antennas and related facilities on an existing structure, including documentation of attempts to locate its antennas and related facilities on an existing structure, if any, with supporting radio frequency analysis, where applicable, and a statement indicating that he applicant attempted to locate its antennas and related facilities on a tower designed to host multiple wireless service providers’ facilities or on an existing structure, such as a telecommunications tower or other suitable structure capable of supporting the applicant’s antennas and related facilities.

         u.   A map of the area in which the tower is proposed t be located, that is drawn to scale, and that clearly depicts the necessary search area within which an antenna tower should, pursuant to radio frequency requirements, be located.

         v.   A grid map that shows the location of all existing cellular antenna towers and that indicates the general position of proposed construction sites for new cellular antenna towers within an area that includes:

            (1)   All of the planning unit’s jurisdiction (Campbell County, Kentucky); and

            (2)   A one-half (½) mile area outside of the boundaries of the planning unit’s jurisdiction, if that area contains either existing or proposed construction sites for cellular antenna towers.

         w.   A statement of the telecommunications objectives for the proposed location, whether the proposed facility is necessary to prevent or fill a gap, capacity shortfall, expand or provide new coverage, or to deploy new technology in the applicant or provider's service area, whether it is the least obtrusive means of doing so, and whether there are any alternative sites that would have fewer aesthetic impacts while providing comparable service.

         x.   A statement by an authorized representative that the applicant or provider holds all applicable licenses or other approvals required by the Federal Communications Commission, the Kentucky Public Service Commission, and any other agency of state or federal government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

         y.   A statement by an authorized representative that the applicant or provider is in compliance with all conditions required for such license and approvals. Any and all other requirements as required by the provisions of KRS 100.9865 as may be amended from time to time.

         z.   A full description of the number and dimensions of all small cell towers proposed to be installed.

      3.   Confidentiality of Application. All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular antenna tower then being reviewed, shall be deemed confidential and proprietary within the meaning of KRS 61.878. The planning commission shall deny any public request for the inspection of this information, whether submitted under Kentucky’s Open Records Act or otherwise, except when ordered to release the information by a court of competent jurisdiction. Any person violating this subsection shall be guilty of official misconduct in the second degree as provided under KRS.522.030. The confidentially of the applications and any updates of the application can be waived by the written authorization of the applicant.

      4.   Application Fee. Shall be as set forth in Chapter 37, Appendix A of the Code of Ordinances.

      5.   Processing of Applications for Cellular Antenna Towers. Applications for the construction of cellular antenna towers for cellular telecommunications services or personal communications services shall be processed as follows:

         a.   At least one (1) public hearing on the proposal shall be held, at which hearing interested parties and citizens shall have the opportunity to be heard. Notice of the time and place of such hearing shall be published at least once, in the Campbell County Recorder of Campbell County, Kentucky, provided that one (1) publication occurs not less than seven (7) calendar days nor more than twenty-one (21) calendar days before the occurrence of such hearing.

         b.   Notice of the proposal shall be posted on the site at least fourteen (14) days in advance of the hearing. The notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower on this site” and including the addresses and telephone numbers of the applicant and the planning commission. Notice of the proposal shall also be posted on the public road nearest the site. This notice shall consist of a written notice, of durable material at least two (2) feet by four (4) feet in size, stating that “[Name of applicant] proposes to construct a telecommunications tower near this site” and including the addresses and telephone numbers of the applicant and the planning commission.

         c.   Notice of the hearing shall be given at least fourteen (14) days in advance of the hearing, by certified mail, return receipt requested, to the owner of every parcel of property within five hundred (500) feet of the proposed tower or property contiguous to the site upon which the tower is proposed to be constructed. The notice shall include a map of the location of the proposed construction, the telephone number and address of the planning commission and shall inform the addressee of his right to participate in the planning commission’s proceedings on the application. Records maintained by the property valuation administrator may be relied upon conclusively to determine the identity and address of said owner. In the event a property is in condominium or cooperative forms of ownership, then the person notified by mail shall be the president or chairperson if the owner group that administers property commonly owned by the condominium or cooperative owners. A joint notice may be mailed to two or more co-owners of an adjoining property who are listed in the property valuation administrator’s records as having the same address.

         d.   Upon holding the hearing, the planning commission shall, within sixty (60) days commending from the date that the application is received by the planning commission, or within a date specified in a written agreement between the planning commission and the applicant, make its final decision to approve or disapprove the uniform application. If the planning commission fails to issue a final decision within sixty (60) days, and if there is no written agreement between the planning commission and the utility to a specific date for the planning commission to issue a decision, it shall be presumed that the planning commission has approved the utility’s uniform application.

   I.   DESIGN STANDARDS FOR CELLULAR ANTENNA TOWERS. The applicant shall provide information demonstrating compliance with the requirements contained herein. Potential sites that should be considered (in order from most-preferred to least-preferred) include street rights-of-way, existing utility towers, industrial zones, commercial zones, and government buildings. Where the planning commission finds that circumstances or conditions relating to the particular application are such that one or more of the requirements listed below are not necessary or desirable for the protection or surrounding property or the public health, safety, and general welfare, and that such special conditions or circumstances make one or more said requirements unreasonable, the planning commission, or its duly authorized representative, may modify or waive such requirement, either permanently or on a temporary basis. Any such modification or waiver shall be requested by the applicant, and the applicant shall submit a written justification for each requested modification or waiver.

      1.   Monopole Cellular Antenna Towers shall be permitted in any zone. Lattice and guyed cellular antenna towers shall be permitted in any zone except for residential zones.

      2.   Lattice and Guyed Cellular Antenna Towers constructed in an agricultural zone shall be located a minimum distance of not less than 250 feet from all existing residential structures. Distance shall be measured from the base of the tower to the nearest wall of the residential structure.

      3.   Setbacks for all structures constructed in connection with guyed or lattice cellular antenna towers, except fences and/or guy wires, shall be a minimum distance from the property line or lease line equal to at least one-half (½) the height of the tower, but not less than fifty (50) feet. All structures constructed in connection with monopole or alternative cellular antenna tower shall comply with the applicable setback requirements established for other structures within the applicable zoning district. Alternative cellular antenna towers that are to be located as part of a utility service facility (e.g. power pole or telephone pole) shall comply with setback requirements applicable to such utility service facilities, if any.

      4.   Height. A cellular antenna tower, or alternative antenna tower structure, may be constructed to a maximum height of two hundred (200) feet regardless of the maximum height requirements listed in the specific zoning district. This also applies to any tower taller than fifteen (15) feet constructed on the top of another building or structure, with the height being the overall height of building/structure and tower together, measured from the grade to the highest point. The planning commission may allow antennas greater than two hundred (200) feet in height upon review of the applicant’s justification that the additional height meets the criteria identified in Subsection 20-6.

      5.   The Cellular Antenna Tower shall be Constructed in compliance with the current ANSI/EIA/TIA 222-7 standards and other applicable state standards.

      6.   Illumination. Cellular antenna towers shall not be illuminated except in accordance with other state or federal regulations.

      7.   The Site shall be Unstaffed. Personnel may periodically visit the site for maintenance, equipment modification, or repairs. To accommodate such visits, ingress/egress shall be only from approved access points.

      8.   Woven Wire or Chain Link (eighty (80) percent open) or solid fences made from wood or other materials (less than fifty (50) percent open) shall be used to enclose the site. Such fences shall not be more than eight (8) feet in height, and may be located within the front, side, or rear yard. The use of barbed wire or sharp pointed fences shall be prohibited in or along any boundary adjoining residential or MHP zones.

      9.   Screening shall be provided by evergreen trees, with a minimum height of six (6) feet, planted in a staggered pattern at a maximum distance of fifteen (15) feet on center. The screening shall be placed in an area between the property line, or lease line, and a ten (10) foot setback.

      10.   Surfacing of All Driveways and Off-street Parking Areas shall comply with the requirements of the applicable local zoning ordinance.

      11.   Signs. There shall be no signs permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs that are required by a federal, state, or local agency. Such signs shall not exceed five (5) square feet in area.

      12.   Number of Service Providers. All new cellular antenna towers shall be designed and constructed to accommodate a minimum of three (3) service providers.

      13.   Lease Agreements. All option and site lease agreements shall not prohibit the possibility of co-location, and in the case of abandonment, shall include a method that the utility will follow in dismantling and removing the proposed cellular antenna tower including a timetable for removal.

      14.   Approval of the Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) or documentation where approval is not required shall be submitted prior to the issuance of a building permit for the construction of the cellular antenna tower.

      15.   No cellular antenna tower, wireless communications tower, small cell tower or antenna shall be constructed, replaced or altered without first obtaining the applicable building permit.

      16.   All cellular antenna towers, wireless communications towers, small cell towers or antennas shall be maintained in good condition and repair.

      17.   Upon the expiration date of the permit or upon early termination, revocation or abandonment of any cellular antenna tower, wireless communications tower, small cell tower or antenna or the facility related thereto, the permittee shall remove the same and shall restore the site to its natural or previous condition, excepting any landscaping improvements shall remain at the discretion of the City.

   J.   ADDITIONAL SMALL CELL TOWER LOCATION AND DESIGN REGULATIONS. A new small cell system is subject to design review and approval by staff. The design criteria required for the new small cell systems is determined by the type of location or zoning district in which the facility is to be located.

      1.   NON-TOWER SMALL CELL SYSTEM LOCATIONS: No administrative review by staff is required for antennas locating on existing telecommunications structures, water towers, buildings, utility poles (as defined by this regulation) or other existing structures. These non-tower locations must adhere to all other applicable federal, state, and local zoning codes, building codes or permits.

      2.   NEW SMALL CELL SYSTEM TOWER LOCATIONS IN ALL ZONING DISTRICTS: The regulations in this subsection apply to all new small cell system towers.

         a.   Temporary, mobile or wheeled cellular antenna towers shall not be permitted.

         b.   New small cell towers shall not exceed the maximum building height for the zoning district within which they are located. A height that is in excess of what is permitted within the zoning district may be approved by staff if it integrates stealth technology that better meets the objectives of these regulations.

         c.   New small cell towers shall be designed and constructed to accommodate a minimum of two (2) service providers.

         d.   New small cell towers may be located on public or private nonresidential land or within a public rights-of-way provided it does not interfere with other utilities, functionality of sidewalks, visibility, or other matters of public safety.

         e.   New small cell towers shall not be illuminated, except in accord with state or federal regulations, or unless illumination is integral to the stealth technology, such as a design intended to look like a street light pole.

         f.   New small cell towers shall not include signage or advertisements and may only display information required by a federal, state, or local agency. Such display shall not exceed one (1) square foot in area, unless required by state or federal regulations, or unless a larger display is integral to the stealth technology. Such display shall not exceed the width of the pole, unless a wider sign is integral to the stealth technology such as a design which integrates a decorative banner.

         g.   If a new small cell tower is located in an area with primarily underground utilities, or where no adjacent overhead utility lines exist, or where a project for underground utilities is underway, it shall not utilize overhead utility lines. It shall be required that in addition to all public utilities, small cell tower system infrastructure, excepting the antenna, where possible, shall be placed underground. This shall particularly apply to areas of the City with planned improvements. In the areas with planned improvements, where new small cell towers are proposed, they should be coordinated with other public improvements (such as with streetlighting), that could employ stealth technology.

         h.   In instances where an antenna is proposed to be constructed within a historic or commercial district with established public or private design control measures, regulations in subsection 3.4, C., shall be followed. Efforts shall be made to adhere to any established design control measures or existing furnishing or fixture styles within the district. Where additional local design review processes exist, such as certificates of appropriateness or urban design review boards, such approvals may be required.

      3.   NEW SMALL CELL SYSTEM TOWER LOCATIONS IN RESIDENTIAL ZONES: The regulations in this subsection apply to small cell towers to be located within, or immediately adjacent to, residential zoning districts.

         a.   Facilities in residential areas are strongly encouraged to be non-tower wireless communication facilities, which are exempt from these regulations.

         b.   New small cell towers and antenna or related equipment shall be camouflaged by stealth technology. Examples of appropriate stealth technology for residential areas includes, at a minimum, towers with all cables, wires, transmission equipment, electric meters, power equipment, etc. installed inside the small cell tower. Other types of stealth technology or other methods which will reduce the visual impact may be approved by staff.

         c.   All poles and antennas shall be uniform grey or black in color, unless another color is integral to the stealth technology as approved by staff.

         d.   The use of cooling fans is discouraged. When needed, fans with lower noise profiles must be used.

         e.   New small cell towers should avoid areas without overhead utilities. If a small cell tower is located in an area with primarily underground utilities it must adhere to stealth technology that incorporates the telecommunications equipment into a streetscape amenity such as a decorative lamp post, street light or other approved design. In areas with overhead utilities, cylindrical antennas are required.

         f.   In residential areas, a small cell tower shall not be located closer than the height of the proposed tower to an existing or proposed residential structure, or no closer than thirty (30) feet, whichever is greater.

         g.   Efforts should be made to locate new small cell towers in the yard location where other overhead utilities are located.

         h.   New small cell towers within residential areas should be located to avoid obstructing the view of building facades by placing the tower at a corner, intersection or along a lot line.

         i.   New small cell tower shall not be located within five hundred (500) Feet of an existing small cell system tower. Multiple carriers are permitted and encouraged to locate on one tower, where possible.

         j.   Reasonable efforts shall be made to locate new small cell towers in the order of hierarchy below, based on the following functional roadway classification from the most to least preferred:

            (1)   Interstate;

            (2)   Arterial;

            (3)   Collector; or

            (4)   Local.

      4.   NEW SMALL CELL SYSTEM TOWER LOCATIONS IN NONRESIDENTIAL ZONES: The regulations in this subsection apply to towers to be located within nonresidential zoning districts.

         a.   In instances where a facility is proposed to be constructed in the right-of- way within one hundred (100) feet of a residential zone or use, even if the antenna's physical location is within a nonresidential zone, regulations in subsection 3.4, C., shall be followed.

         b.   Antennas in commercial, institutional, or park areas are encouraged to be installed as non-tower wireless communication facilities, which are exempt from this regulation.

         c.   Reasonable effort shall be given to locate new equipment based upon the following hierarchy of zones and land uses from the most to least preferred:

            (1)   Co-locate on an existing structure whenever possible, which is exempt from these regulations, per subsection J.1.

            (2)   Institutional;

            (3)   Industrial;

            (4)   Commercial;

            (5)   Public parks; and

            (6)   Agricultural.

         d.   Equipment enclosures, including electric meters, should be nearly the same width as the pole or as small as possible. Ground mounted equipment boxes should be screened from view with shrubs or other appropriate screening as approved by staff.

         e.   Shrouds, risers, and conduits shall be used to reduce the appearance of external cabling.

         f.   All poles, antennas, brackets, cabling, risers, shrouds, and conduits shall be uniform grey or black in color, or other color as approved by staff.

         g.   Cylindrical antennas shall be required, unless another antenna style is integral to the stealth technology as approved by staff.

         h.   There shall be no more than a four (4) inch offset between the pole and pole mounted equipment enclosures.

   K.   EVALUATION CRITERIA FOR CELLULAR ANTENNA TOWERS AND SMALL CELL TOWERS.

      1.   COMPREHENSIVE PLAN CONSIDERATION. Approval or disapproval of the proposal shall be based upon an evaluation of the proposal’s agreement with the comprehensive plan and zoning regulations.

      2.   CO-LOCATION CONSIDERATION.

         a.   The planning commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. The planning commission may provide the location of existing cellular antenna towers on which the commission deems the applicant can successfully co-locate its transmitting and related equipment. If the planning commission requires the applicant to attempt co-location, the applicant shall provide the planning commission with a statement indicating that the applicant has:

            (1)   Successfully attempted to co-locate on towers designed to host multiple wireless service providers’ facilities or existing structures such as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities, and that identifies the location of the tower or suitable structure on which the applicant will co-locate its transmission and related facilities; or

            (2)   Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider’s facilities or existing structures as a telecommunications tower or another suitable structure capable of supporting the applicant’s facilities and that:

               (a)   Identifies the location of the towers or other structures on which the applicant attempted to co-locate; and

               (b)   Lists the reasons why the co-location was unsuccessful in each instance.

         b.   The planning commission may deny a uniform application to construct a cellular antenna tower based on an applicant’s unwillingness to attempt to co-locate additional transmitting or related equipment on any new or existing towers or other structures.

         c.   The planning commission shall not regulate the placement of a cellular antenna tower on the basis of the environmental effects of radio frequency emissions to the extent that the proposed facility complies with the regulations of the Federal Communications Commission concerning radio frequency emissions.

      3.   AESTHETIC CONSIDERATIONS. The planning commission and staff shall evaluate:

         a.   The extent to which the proposed facility is camouflaged (i.e. use of stealth technology); and

         b.   The extent to which the proposed facility conforms to the character of the surrounding area ( i.e., buildings, street lighting, signs).

   L.   AMENDMENTS. Any amendments to plans, except for minor adjustments as determined by the planning commission, or its duly authorized representative, shall be made in accordance with the procedure required herein, subject to the same limitations and requirements as those under which such plans were originally approved.

(Am. Ord. O-2019-005, passed 3-25-2019)

A.   PURPOSE: The purposes of the Transition Zone (TZD) regulations are to: promote flexibility in design and permit planned diversification to the relationships between location of and types of uses and structures; promote the advantages of modern, large-scale site planning for community development through the efficient use of land, facilitating a more economic arrangement of buildings, circulation systems, land uses, and utilities; preserve, to the greatest extent possible, the existing landscape features and amenities and to utilize such features in a harmonious fashion; providing for more usable and suitably located recreation facilities, and other public and common facilities than would otherwise be provided under conventional land development procedures, but always with the intention of furthering the public health, safety, and general welfare.

B.   ZONES PERMITTING TRANSITION ZONE DEVELOPMENT: A transition zone development may be permitted in any zone where it is listed as “permitted principal use,” provided, solely with respect to a new development and/or building or facility expansion, all conditions or provisions as set forth in this section are met and a public hearing is held in accordance with requirements of KRS Chapter 424 on the preliminary development plan.

C.   GENERAL: Areas of land to be developed under the provisions of this section shall be controlled by the following general guidelines and requirements:

   1.   PERMITTED USES: All permitted uses within a TZD are determined by the provisions of this section and, with respect to new developments and/or expansion(s) of existing building(s) and facilities, the approved plan of the project concerned.

      a.   Residential Uses: Residential uses may be of a variety of types including single family, two-family and multi-family dwelling units.

      b.   Commercial, Service, Light Manufacturing, including eco-green manufacturing, Other Non-Residential Uses: Commercial, Service, Light Manufacturing, including eco green manufacturing, R&D and other non-residential uses are permitted in a TZD subject to, in the case of new developments and/or expansions of existing facilities, approval by the Planning and Zoning Commission. Such new development and/or expansion uses, their locations, and commercial area designs shall be compatible with the residential uses. This section encourages a mixture of residential support uses to improve economic development of the TZD, specifically, and to the community, in general. New development and/or expansion of Commercial, Service, business, R&D or Light Manufacturing including eco-green manufacturing uses shall be reviewed by the Planning Commission to determine the following:

         (1)   That the uses are necessary or desirable and are appropriate with respect to the purposes of this TZD section.

         (2)   That the uses are not of such nature or so located as to exercise a detrimental influence on the TZD nor on the surrounding neighborhood.

         (3)   That the areas and uses are planned as an integral part of the TZD.

         (4)   That the uses are located and so designed as to provide direct access to a collector or an arterial street without creating traffic congestion or hazard.

      c.   Corporate, regional, and administration offices.

      d.   Industrial engineering consultant offices.

      e.   Laboratories, offices, and other facilities for research, both basic and applied, conducted by or for any industrial organization or concern, whether public or private.

      f.   Professional, medical, and dental offices.

      g.   School for business training.

      h.   Studios for professional work or teaching any form of fine art photography, music, drama, dance or gymnastics.

      i.   Testing laboratories.

      j.   Light manufacturing, except for those that decompose or detonate, consisting of the manufacturing, processing, packaging, or assembling of the following materials:

         (1)   Animated and/or illuminated billboards and other commercial advertising structures, and sign making, where such activities are wholly contained within fully enclosed structures.

         (2)   Candy and confectionery products, food and beverage products, except the rendering or refining of fats and oils excluding poultry and animal slaughtering and dressing.

         (3)   Cigars and cigarettes.

         (4)   Cosmetics, pharmaceuticals, and toiletries.

         (5)   Electric appliances, television sets, phonographs, household appliances.

         (6)   Electrical machinery, equipment and supplies.

         (7)   Woodworking, including furniture and cabinet making.

         (8)   Instruments of professional, scientific, photographic, and optical use.

         (9)   Metal products and metal finishing, excluding the use of blast furnaces or drop forgers.

         (10)   Musical instruments, toys, novelties, jewelry, rubber or metal stamps.

         (11)   Office equipment.

         (12)   Pottery and figurines, using only previously pulverized clay and kilns fired only with gas or electricity.

         (13)   Products from the following previously prepared materials; paper, glass, cellophane, leather, feathers, fur, precious or semi-precious metals, hair, horn, shell, tin, steel, wood, plastics, rubber, bone, cork, felt, fibers, yarn, wool, tobacco, where such materials and all of the activities related production of such materials are wholly contained within fully enclosed structures.

         (14)   Textile products including canvas and burlap, clothing, cotton products, hosiery and knitting mills, rope and twine.

         (15)   Laboratories, offices and other facilities for research, both basic and applied, conducted by or for any industrial organization or concern, whether public or private.

         (16)   Printing, engraving and related reproduction processes.

         (17)   Public utilities rights-of-way and pertinent structures.

         (18)   Publishing and distribution of books, newspapers, and other printed materials.

         (19)   Processing of food and related products where the materials and processing activities are wholly contained within fully enclosed structures.

         (20)   Catering establishments; breweries, distilleries, and wineries.

         (21)   Manufacture, repair, or assembly of machinery, equipment, or instruments, including, but not limited to, coding and labeling systems and machinery, packaging machinery.

         (22)   Manufacture of glass, glassware and pressed or blown glass.

         (23)   Movie Production facilities.

         (24)   Distribution and warehousing operations related to the above listed permitted uses.

Products may be finished or semi-finished and are generally made for the wholesale market, for transfer or other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Light manufacturing or production does not product excessive noise, dust, vibration, or fumes in excess of federal or state permitted standards. Painting and any printing processes may be allowed in the manufacturing process so long as all environmental and safety regulations are followed. The permitted uses contained herein are not meant or intended 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 Transition Zone without the necessity of making application before the Planning and Zoning Commission for approval and inclusion.

   2.   MINIMUM AREA REQUIREMENTS: The minimum area required for a new development within a TZD shall be a gross land area of ten (10) acres.

   3.   SETBACK REQUIREMENTS FOR NEW DEVELOPMENT/EXPANSIONS: The location of all structures shall be as shown on the final approved plat. Minimum lot size, front, rear, and side yard lines, and lot width shall be established by the Planning and Zoning Commission at the time of concept approval, consistent with the intent of this chapter and sound planning practices. Planning and Zoning Commission may be guided by standards set elsewhere in this section for comparable conditions and by common good practice. The relationship of buildings to each other, to the local street system, and to open space land shall be consistent with the intent of this section.

   4.   INTENSITY OF LAND USE: Because land is used more efficiently in a TZD, improved environmental quality can often be produced with a greater density of development per gross acre than usually permitted in a traditionally zoned district. The Planning and Zoning Commission shall determine in each case of new development or facility expansions the appropriate land use and density for projects or sections thereof.

      a.   Land use ratios of new development or facility expansions are to be determined based on the approved preliminary development plan.

   5.   COMMON PROPERTY: Common property in a TZD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants. When common property exists, the ownership of such common property may be either public or private. When common property exists, satisfactory arrangements shall be made for the improvement, operation, and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open spaces. The landowner shall provide for and establish an organization for the ownership and maintenance of any private common open space, and such organization shall not be dissolved nor shall it dispose of any common open space.

   6.   CONFLICT OF RESTRICTIONS: Wherever there is a conflict or difference between the provisions of this section and those of other sections of this ordinance, the provisions of this section shall prevail. Subjects not covered by this sections shall be governed by the respective provisions found elsewhere in this ordinance unless otherwise approved by the Planning Commission.

   7.   UTILITIES: All utilities, including communication and electrical systems within new developments shall be placed underground within the limits of a TZD. Appurtenances to these systems may be accepted.

   8.   STREETS: The design and designation of all streets, public or private, shall be subject to the approval of the Planning Commission where necessary. Because of the nature of a TZD and the intent of this section, the overall shape and dimension of new street right-of-way shall be at the discretion of the Planning and Zoning Commission.

   9.   COMMERCIAL DESIGN: The plan of a new development project shall provide for the integrated and harmonious design of buildings in commercial and industrial area and such parcels shall be developed in park-like surrounds utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas, and other features from the adjoining and surrounding residential areas.

   10.   Design guidelines for new developments shall be submitted to and approved by the Design Review Board along with the preliminary development plan approved by the Planning Commission.

D.   APPLICATION AND APPROVAL PROCEDURES: Whenever a TZD is proposed, before a permit for the erection of a permanent building or building expansion(s) in such TZD shall be granted, and, if applicable, before a subdivision plat of any part thereof may be filed in the office of the Planning and Zoning Commission, the developer or his or her authorized agent shall apply and secure approval of such TZD in accordance with this section. Review of the project shall take place in three (3) phases. At the culmination of each phase, the applicant must receive the necessary approvals from the City of Newport Planning Commission prior to proceeding with subsequent review phases. Lack of sufficient or continuous progress as defined herein, either through or between phases, may lead to nullification of all approvals by the City of Newport Planning and Zoning Commission. Approval of any one phase does not guarantee approval of any subsequent phases.

   1.   PHASE I - CONCEPT APPROVAL:

      a.   Concept Plan: In order to allow the Planning Commission and the developer to reach an understanding on basic design requirements prior to detailed design, the applicant shall submit:

         (1)   A legal description of the metes and bounds of the parcel.

         (2)   An area map and/or aerial photograph showing adjacent property and existing uses within three hundred (300) feet of the proposed PUD parcel.

         (3)   A sketch plan approximately to scale, though it need not be to the precision of a finished engineering drawing; and it should show the following:

            a)   The existing topographical features of the site;

            b)   General map of the watershed in which the project is to be located;

            c)   Location of the various uses and their areas in acres;

            d)   The general outlines of the interior roadway system and all existing rights-of-way and easements whether public or private;

            e)   Delineation of the various residential and non-residential areas, indicating for each area, its general extent, size, and composition in terms of total number of dwelling units and approximate percentage allocation by dwelling unit type;

            f)   Calculation of the residential density in dwelling units per gross acre including interior roadways;

            g)   The interior open space system;

            h)   Where portions of the site are subject to flooding, the map shall indicate extent and frequency;

            i)   Principal ties to the community at large with respect to transportation, water supply, and sewage disposal;

            j)   General description of the availability of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and how these facilities are affected by these proposals;

            k)   Evidence that the proposed TZD is compatible with the goals of the city’s Official Comprehensive Plan;

            l)   General statement as to how common open space is to be owned and maintained;

            m)   If the development is to be phased, a general indication of how the phasing is to proceed. Whether or not the development is to be phased, the sketch plan shall show the intended total project.

      b.   The Planning and Zoning Commission shall review the concept plan and its related documents at a public hearing and shall render a written report to the applicant within fifteen (15) days of the public hearing. The Planning Commission may call upon other public or private entities to provide a sound review of the proposal. The Planning and Zoning Commission may require preliminary approval from other city or state agencies. The Commission need only concern themselves with general conceptual merit, and in no way shall commit any future acceptance or rejection of detailed design elements required in subsequent phases of plan review. The written report shall include the following:

         (1)   Whether the proposal meets the intent and objectives of this PUD section;

         (2)   Whether the proposal is conceptually sound in that it conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the developed elements;

         (3)   Whether there are adequate services and utilities available or proposed to be made available in the construction of the project.

      c.   If the Planning and Zoning Commission grants approval or approval with conditions of the proposed PUD conceptual plan, then the applicant may proceed to Phase II.

E.   PHASE II - PRELIMINARY PLAT PETITION:

   1.   APPLICATION FILING AND PUBLIC NOTIFICATION: After having received approval of the proposed TZD conceptual plan, the applicant, with respect to a new development, building or facility expansion, may then proceed to Phase II of the approval process. Application for preliminary plat approval shall be submitted to the City of Newport Planning and Zoning Commission. The proposed preliminary plat and any supportive documents shall be filed with Planning and Zoning Commission Office at least fifteen (15) days in advance of the public hearing at which the proposed plat is to be reviewed. The applicant shall meet all Planning and Zoning Commission public hearing requirements as set out in KRS Chapter 424.

   2.   CONTENTS OF PRELIMINARY PLAT: The preliminary plat shall be filed in three (3) copies at a scale not greater than 1"=100' and include the following:

      a.   An area map showing the applicant’s entire holding, that portion of the applicants property under consideration, and all properties, subdivisions, streets and easements within three hundred (300) feet of the applicant’s property.

      b.   A topographic map of the entire area showing contour intervals of not more than five (5) feet of elevation shall be provided. Where existing ground is on a slope of less than two percent (2%), the plan shall show either one (1) foot contours or spot elevations where necessary, but not more than fifty (50) feet apart in all directions.

      c.   A preliminary site plan including the following information:

         (1)   Title of drawing, name of project, name and address of applicant.

         (2)   The land use plan identifying existing and proposed uses and building by type, location, quantity, design, floor area, and density of specific sections and the project in total.

         (3)   North point, scale and date.

         (4)   Existing and proposed watercourses.

         (5)   Street layout and design.

         (6)   The open space plan and planned sites for schools, recreation areas, community centers, and other public improvements where applicable.

         (7)   Location of all existing or proposed site and off-site improvements, including drains, ditches, culverts, retaining wails, and fences; descriptions and location of method of sewage disposal and water supply; location and size of all signs (street name and traffic control); location and design of street and parking lighting; and the amount of building area proposed for non-residential uses, if any.

         (8)   A plan for phasing the construction of the project, showing the geographical coverage of future plats, their approximate sequence of development, and the tentative timetable for development. It is the intent of this section that the tempo and sequence of development in a PUD be such that land uses which provide only moderate local revenues, yet require large municipal and school service costs, are scheduled simultaneously with those that provide larger local revenues yet which are not as costly to service.

      d.   The Planning and Zoning Commission may require, if all or part of the gross land area of the PUD has moderate to high susceptibility to flooding, a transparent overlay showing all soils, areas, and their classifications; as well as those areas susceptible to flooding, or moderately or highly susceptible to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation and tree coverage.

   3.   FACTORS FOR CONSIDERATION: The Planning and Zoning Commission’s review of a preliminary site plan, for a new development or building or facility expansion shall include, but shall not be limited to, the following considerations:

      a.   Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures, signs, and traffic controls.

      b.   Adequacy and arrangement of pedestrian traffic access and circulation; separation of pedestrian from vehicular traffic; and pedestrian convenience.

      c.   Location, arrangement, appearance, and sufficiency of off-street parking and loading.

      d.   Location, size, and placement of buildings, lighting and signs.

      e.   Type and arrangement of landscape features.

      f.   Adequacy, location, and size of storm water and sanitary waste disposal facilities.

      g.   Adequacy of structures or roadways in areas with moderate to high susceptibility to flooding, pending, or erosion.

      h.   Conformance with other specific requirements of the Planning and Zoning Commission, which may have been stated in the PUD conceptual plan approval.

      i.   In its review, the Planning and Zoning Commission may consult with the City Engineer, other departments or officials, as well as with the representatives of federal and state agencies such as the Soil Conservation Services, or Department of Natural Resources. The Planning and Zoning Commission may also require such additional provisions and conditions that appear necessary for the public health, safety, and general welfare.

      j.   That property adjacent to the proposed development will not be adversely affected.

   4.   ACTION ON PRELIMINARY PLAT PLAN: Within thirty (30) days of the public hearing at which the preliminary plat is submitted for approval, the Planning and Zoning Commission shall act on it. If no decision is made within said thirty (30) day period, the preliminary plat plan shall be considered conditionally approved. The Planning and Zoning Commission's actions shall be in the form of a written statement to the applicant stating whether or not the preliminary plat plan is conditionally approved. A copy of the appropriate minutes of the Planning and Zoning Commission shall be sufficient report.

   5.   The Planning and Zoning Commission’s statement may include recommendations as to desirable revisions to be incorporated into the final plat plan, of which conformance with shall be considered a condition of approval. However, such recommendations shall be limited to siting and dimensional details within general use areas and shall not significantly alter the sketch plan as it was approved in the conceptual plan proceedings. If the preliminary plat plan is disapproved, the Planning and Zoning Commission’s statement shall contain the reasons for such findings. In such a case the Planning and Zoning Commission may recommend further study of the plat plan and re-submission of the preliminary plat plan to the Planning and Zoning Commission after it has been revised.

F.   PHASE III - FINAL DEVELOPMENT PLAN AND FINAL PLAT REQUIREMENTS:

   1.   APPLICATION FOR FINAL DEVELOPMENT PLAN APPROVAL: After receiving the conditional approval from the Planning and Zoning Commission on a preliminary plan and approval for all necessary permits and curb cuts from city and/or state officials, the applicant may prepare his or her final Development Plan and submit it to the Planning and Zoning Commission for final approval. The Final Development Plan shall conform substantially to the preliminary plat plan that has received conditional approval. It should incorporate any revisions or other features that may have been recommended by the Planning and Zoning Commission during concept plan and preliminary plat and review procedures.

   2.   FINAL PLATTING PROCEDURES: The elements of the final plat shall consist of:

      a.   Plat or plats of the subject property drawn to a scale of not greater than one (1) inch equals one hundred (100) feet, suitable for recording and which will be recorded in the office of the County Clerk, after final approval by the Planning and Zoning Commission. The plat or plats shall conform to the applicable requirements of the subdivision regulations, unless specifically waived by the Planning and Zoning Commission, and in addition to the following:

         (1)   All areas reserved for common ownership with an indication of the properties the owners will share in common.

         (2)   Such lot or parcel lines indicting tracts, which are, now in separate ownership or which may be transferred to other ownership during or after development. (Resubdivision of large lots containing several buildings may be accomplished at a later date upon application and approval);

         (3)   Indication of areas to be developed for residential (by type of housing unit), commercial, public and semi-public uses.

      b.   In addition to and along with the final plat, the applicant shall also submit a final development plan, at a scale of not greater than one (1) inch equals one hundred (100) feet, which shall set forth, identify, and locate the following:

         (1)   The proposed finished grade of the subject property shown by contours with intervals not larger than two (2) feet supplemented where necessary, by spot elevations;

         (2)   All walks, mats, and other open areas, including recreational areas, swimming pools, golf courses, tennis courts, playgrounds, and the like.

         (3)   The location and type of all walls, fences, screen plantings, and landscaping;

         (4)   The location, size, height, and orientation of all signs;

         (5)   The types of surfacing proposed on the various off-street parking, and driveways including cross sections and drainage plans;

         (6)   Location and cross section drawings of all proposed streets, highways, alleys, and walkways, indicating the proposed surfacing and drainage plans;

         (7)   A plan showing all existing and proposed utilities, indicating, where applicable, pipe sizes, types, and grades;

         (8)   A drainage plan of the natural and storm sewer system of the area showing size and location of each existing and proposed structure, the approximate volume of runoff water generated by development of the subject area and the proposed method of disposing of said water. Provisions shall be included for adequate control of erosion, hillside slippage, and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

         (9)   Plans and drawings required above may be combined in any suitable and convenient manner so long as the data required is clearly indicated on one or more of said plans. A separate plan or drawing for each element is not necessary, but may be provided at the option of the applicant.

         (10)   A final schedule of development staging and phasing as set forth elsewhere in this chapter.

         (11)   Sketches of the exteriors of several representative buildings in the project. It is intended that neither uniformity of architectural style nor unnecessary diversity thereof be a prerequisite to approval, but the developer is encouraged to exercise ingenuity in achieving a harmonious entity without undue attention to consistency. The purpose of this subsection is to permit development flexibility greater than that permitted by other sections of this section.

      c.   The Final Development Plan: After approval by the Planning and Zoning Commission, shall be delivered to the Zoning Administrator, who shall grant permits only in accordance with the approved development plan and other plans as required by this section.

G.   SUPPLEMENTAL REGULATIONS:

   1.   PROCEEDINGS: All proceedings brought under this section shall be subject to the rules of procedure of the Planning and Zoning Commission, where not inconsistent with the procedure otherwise stated herein, except that notice by publication shall be sufficient notice for proceedings related solely to approval and modification of preliminary plat plans and final plat plan.

   2.   MODIFICATION: In the exercise of its continuing jurisdiction, the Planning and Zoning Commission may, from time to time, modify the approved final plat plan in a manner consistent with the approved preliminary plat plan to allow for changed circumstances and conditions unforeseen at the time of the original approval.

   3.   REQUEST FOR CHANGES: If in the development of the site, it becomes apparent that certain elements of the plan are not feasible and in need of significant modification, the applicant shall then present his or her solution to the Planning and Zoning Commission. The Planning and Zoning Commission shall then determine whether or not the modified plan is still in keeping with the intent of the Comprehensive Plan and zoning district with respect to the specific property. If a negative decision is reached, the site plan shall be considered as disapproved. The applicant may then produce another site plan solution. If an affirmative decision is reached, the Planning and Zoning Commission shall so notify the Zoning Administrator, stating all of the particulars of the matter and authorizing the modifications as approved.

   4.   EXPIRATION OF APPROVAL: Approval by the Planning and Zoning Commission shall expire after a period of five (5) years from the approval of the TZD’s Development Plan unless the development is fifty-one percent (51%) completed in terms of public improvements such as power, gas, water, and sanitary sewers, in which latter instance an extension of time may be granted by the Planning and Zoning Commission not to exceed five (5) successive periods of two (2) years each.

   5.   RECORDING: All approved final plat plans and modifications thereof shall be recorded in the appropriate plat books in the office of the County Clerk after approval by the Planning and Zoning Commission.

(Am. Ord. O-2008-020, passed 9-8-2008; Am. Ord. O-2014-003, passed 3-24-2014; Am. Ord. O-2014- 021, passed 12-15-2014)

A.   GENERAL PURPOSE: The purpose of the Sign Overlay District is to enhance the unique character and identity of the area by encouraging iconographic and inventively illuminated graphics and signage that establish Newport, Kentucky as “the” entertainment destination center for the region.

B.   OVERALL DESCRIPTION: These provisions shall apply to the Sign Overlay District and signs may be erected, altered and maintained for the uses permitted in the underlying zone and may be used for outdoor advertising devices.

C.   BOUNDARIES OF SIGN OVERLAY DISTRICT: The boundaries of the Sign Overlay District are the same as the boundary of the RFD zone, west of Washington Street, as depicted on the official zoning map.

D.   MEDIA AND SIGN TYPES: The following wall, window, ground, arcade, roof, freestanding and projecting signs and media may be permitted within the Sign Overlay District. Fascia Mounted, Pre-Printed Media, Blade, Hanging, Painted Wall, Window Graphics, Pan Channel Lettering, Electronic Message Center, Fiber Optic Display, Kinetic, Sculptural, Neon, Scrim/Translucent/Mesh Material, Marquee, Projected Light, Tri-Vision, Sign with 3D Extension, Monument and Kiosk signs (“Signs”).

E.   PERMITTED SIGN LOCATIONS AND DIMENSIONS: Signs will be permitted on the building facades as shown on the attached approved diagrams (“Approved Signs”), made a part hereof and incorporated by reference and limited to the percentage of the total square footage areas set forth in the Facade Coverage indications as to each. The inclusion of any new diagrams and Signs in the Sign Overlay District shall require a public hearing before the Planning and Zoning Commission before approval and submission to the Board of Commissioners. Ground signs, if approved, shall have a maximum height of 30 feet and must be located within 10 feet of an existing building structure.

F.   PERMITTED ILLUMINATION: Application of media and Signs may be illuminated, provided those Signs visible from highways abide by any existing regulations as stipulated by the U.S. Department of Transportation.

G.   SIGN APPROVAL:

   1.   Signs within a development, either internally projecting or facing the interior of a project, such as Newport on the Levee, which may or may not be visible from the exterior of a project (“Interior Facing/Oriented Signs”) are permitted and may be animated.

   2.   Any Application (“Application”) for a permit for any Interior Facing/Oriented Sign shall be submitted to the Zoning Administrator for approval and issuance of a permit. In the event that an Application is denied by the Zoning Administrator, an appeal of the denial shall be made to the Planning and Zoning Commission within 30 days of the action of the Zoning Administrator.

   3.   Any Application for a permit for any Sign on the exterior facades (“Exterior Signs”) shall be submitted to the Zoning Administrator for review, who shall then, along with his or her recommendation, submit the Application to the Urban Design Review Board (“Board”) for review and approval. The Board shall, when considering such request, review and apply the purposes set forth in the Sign Overlay District and make such decision in the spirit thereof. The Application for an Exterior Sign shall include the proposed location, size and type of Sign(s) requested. In the event the Board shall approve the same, the Zoning Administrator shall then issue the requisite permit. In the event any such Application is denied by the Board, an appeal shall be made to the Planning and Zoning Commission within 30 days of the action of the Board.

   4.   If an Application is denied, a new Application with a revised plan may be submitted at any time.

   5.   Any stylistic change as to the types of Exterior Signs which are not included in the Approved Signs shall be submitted to the Board for approval.

H.   MINOR DEVIATIONS TO THE APPROVED APPLICATION: The Zoning Administrator may authorize minor deviations from the approved Application or the approved plan for individual signs, including, but not limited to, when such deviations appear necessary in light of technical or engineering advances.

I.   CONFLICT BETWEEN PROVISIONS: In the event of any conflict between these provisions and the provisions of the Zoning Ordinance, the provisions of the Sign Overlay District shall prevail; provided, however, pre-existing signs within the Sign Overlay District will be administered in accordance with the applicable sign sections in the Zoning Ordinance.

(Am. Ord. O-2020-021, passed 11-16-2020)

Location: East Facade Galleria Building

Facade Coverage: Sign[s] must occur within the defined shaded area.

Roof Line notes: No sign will extend above roofline

Approved Sign Types: Pre-Printed Media, Painted Wall, Scrim/Translucent/Mesh Material, Projected Light, Pan Channel, Fascia Mounted

Location: North Facade Galleria Building

Facade Coverage: Sign[s] will not exceed 35% of the total square footage of the building’s north facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] may NOT exceed roofline [The current Newport sign will remain alone on the roof]

Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering, Scrim/Translucent/Mesh Material, Projected Light.

Location: North Facade Building C [Barnes & Noble, Mitchell’s]

Facade Coverage: Sign[s] will not exceed 35% of the total square footage of the building s north facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] may exceed roofline by no more than 20 feet

Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering Scrim/Translucent/Mesh Material, Projected Light, which shall be for a single advertiser and which shall enhance the architectural relevance and integrity of the building’s structure.

Location: West Facade Imax Building

Facade Coverage: Sign[s] will not exceed 80% of the building’s west facing facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] will not exceed roofline

Approved Sign Types: Pre-Printed Media, Painted Wall, Projected Light, Sign with 3D Extension.

Location: South Facade Imax Building

Facade Coverage: Sign[s] will not exceed 90% of the building's south facing facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] will not exceed roofline

Approved Sign Types: Pre-Printed Media, Painted Wall, Pan Channel Lettering Projected Light, Sign with 3D Extension.

Location: South Facade Galleria Building

Facade Coverage : Sign[s] will not exceed 30% of the square footage of the buildings’ south-facing facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] will not exceed roofline

Approved Sign Types: Pre-Printed Media, Blade, Painted Wall Scrim/Translucent/Mesh Material, Projected Light, Sign with 3D Extension.

Location: West Facade Galleria Building

Facade Coverage: Sign[s] will not exceed 30% of the square footage of the building’s west facing facade and must occur within the defined shaded area.

Roof Line notes: Sign[s] will not exceed roofline

Approved Sign Types: Pre-Printed Media, Painted Wall, Electronic Message Center Projected Light, Sign with 3D Extension.

Location: West facing facade of Banding C [Barnes and Noble, Mitchell’s & Brothers]

Facade Coverage: Sign[s] to be placed on the building’s facade, within the defined shaded area

Roof line notes: Sign[s] may not be placed on the roof of the 1 story structure

Approved Sign Types: Facia Mounted, Pre-Printed Media, Painted Wall, Electronic Message Center, Scrim/Translucent/Mesh Material, Projected Light, Sign with 3D Extension

Location: East Facade Imax Building [current sign ]

Sizes: Approximate square footage of existing sign 1,125 [45' X 25'] and must occur within the existing sign support structure

Roof Line notes: Sign currently exceeds roofline

Approved Sign Types: Pre-Printed Media, Electronic Message Center, Projected Light, Sign with 3D Extension

Location: North Facade Music Venue Building

Facade Coverage: Sign[s] must occur within the defined shaded area

Roof Line notes: No sign will extend above roofline

Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters, projected light, sign with 3D extension, blade sign, projecting signs

Sizes: Blade or projecting signs may not exceed 44 square feet in size, and are limited to one per street facing facade. Blade/projecting signs are not restricted to the defined shaded area.

Facade Coverage: Sign[s] will not exceed 35% of the square footage of the buildings' north-facing facade and must occur within the defined shaded area.

Location: West Facade Music Venue Building

Facade Coverage: Sign[s] must occur within the defined shaded area

Roof Line notes: No sign will extend above roofline

Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters

Facade Coverage: Sign[s] will not exceed 50% of the square footage of the buildings' west-facing facade and must occur within the defined shaded area.

Location: South Facade Music Venue Building

Facade Coverage: Sign[s] must occur within the defined shaded area

Roof Line notes: No sign will extend above roofline

Approved Sign Types: Facia mounted, LED illuminated cabinet signs, illuminated channel letters

Facade Coverage: Sign[s] will not exceed 35% of the square footage of the buildings' south-facing facade and must occur within the defined shaded area.