1. In All Minimum Required Yards or Courts - awnings and canopies excluding carports; driveways, providing they are not closer than five (5) foot to the property line to which they run approximately parallel to, steps, four (4) feet into the minimum required yards which are necessary for access to a lot from a street or alley; fire escapes, chimneys, and air conditioning equipment projecting eighteen (18) inches or less into the minimum required yards; arbors and trellises, flag poles, bird baths, fences and walls, subject to the requirements in ARTICLE XVI of this Ordinance.
2. In Minimum Front Yard Depths - one - story bay windows, projecting three (3) feet or less into the minimum required yard; overhanging eaves and gutters, projecting not more than three (3) feet or less into the minimum required front yard.
3. In Minimum Rear Yard Depths - one - story bay windows, projecting three (3) feet or less into the minimum required yard; overhanging eaves and gutters projecting not more than three (3) feet or less into the minimum required yard.
4. In Minimum Side Yard Width - overhanging eaves, and gutters projecting not more than eighteen (18) inches or less into the minimum required side yard.

1. Any lot of record which does not meet the requirements of this ordinance shall be considered a nonconforming lot of record.
2. Where a nonconforming lot of record exists having a lot area and/or frontage less than required by the particular zone district wherein said lot is located, development may be permitted on the lot, provided: the lot is located on an existing and improved public street; the adjacent parcels exist as developed building lots or dedicated street rights - of - ways precluding acquisition of additional area to achieve conformity; and development proposed on the lot is in conformance with all other requirements of this Ordinance. Where a variance from any minimum yard, setback, etc., is necessary to develop on said lot, an application for a variance shall be submitted for review and approval by the Board of Adjustment in accordance with ARTICLE XIX of this Ordinance.

1. CONTINUANCE: Except as herein specified, the lawful use of any public or private structure or land existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the provisions of this Ordinance. However, no nonconforming use may be enlarged or extended unless and until the use is brought into conformance with all provisions of this Ordinance.
2. CHANGE FROM ONE NONCONFORMING USE TO ANOTHER: Any nonconforming use may be changed to another nonconforming use providing the new nonconforming use is in the same or a more restrictive classification (i.e., providing that, in the opinion of the Board of Adjustment, the new nonconforming use will be more in conformance with the intent of the regulations of the zone affected, than the old nonconforming use).
3. TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming use:
   1. Changing to a conforming use.
   2. Abandonment.
   3. Nonoperative, or nonused for a period of six (6) or more consecutive calendar months, providing or for eighteen (18) calendar months during any three (3) consecutive calendar year period.
   4. Whenever the structure, in which the nonconforming use is operated, is damaged in any manner whatsoever and the cost of repairing such damage exceeds fifty (50) percent of the market value of such structure as of the date of such damage of the structure in which the nonconforming use is operated.
   5. Whenever the structure, in which the nonconforming use is operated, becomes obsolete or substandard under any applicable ordinance of the city of Park Hills and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the market value of such structure as of the date of the official order under the applicable ordinance.
   6. Whenever said nonconforming use becomes illegal, a nuisance, or a hazard to the public's safety, health, or welfare.
   7. Whenever said nonconforming use becomes the property of the city of Park Hills, Commonwealth of Kentucky, or any other governmental entity.
4. ZONE CHANGE: The foregoing provisions shall apply to uses which become nonconforming due to zone changes which take place hereafter.

1. CONTINUANCE: Except as herein specified, any public or private nonconforming structure, may be occupied, operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless the enlargement or extension can be, and is, made in compliance with all of the provisions of this Ordinance.
2. TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate a public or private nonconforming structure:
   1. Changing to a conforming structure.
   2. Abandonment.
   3. Nonoperative or not used for a period of eighteen (18) consecutive calendar months.
   4. Whenever the nonconforming structure is damaged in any manner whatsoever and the cost of repairing such damage exceeds fifty (50) percent of the market value of such structure as of the date of such damage of the nonconforming structure.
   5. Whenever the nonconforming structure becomes obsolete or substandard under any applicable ordinance of the city and the cost of placing such nonconforming structure in lawful compliance with the applicable ordinance exceeds fifty (50) percent of the market value of such nonconforming structure as of the date of the official order under the applicable ordinance.
   6. Whenever said nonconforming structure becomes a nuisance, or a hazard to the public's safety, health, or welfare.
   7. Whenever the city of Park Hills, Commonwealth of Kentucky, or any other governmental entity, acquires title to said nonconforming structure or the land upon which it is located.
3. ZONE CHANGE: The foregoing provisions shall apply to structures which become nonconforming due to zone changes which take place hereafter.

Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring, to a safe condition, of any building, structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

1. CONTINUANCE: Except as herein specified, any nonconforming sign, may be continued in operation and maintained after the effective date of this Ordinance, provided, however, that no such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this Ordinance for the zone in which such sign is located.
2. TERMINATION: Any one of the following acts or conditions shall terminate, immediately, the right to operate or maintain a nonconforming sign:
   1. Not meeting the time requirements for sign regulations, as regulated in SECTION 15.1, B. of this Ordinance.
   2. Changing to a conforming sign.
   3. Abandonment.
   4. Nonoperative or nonuse of said nonconforming sign for a period of six (6) consecutive calendar months or for eighteen (18) calendar months during any three (3) calendar years.
3. ZONE CHANGE: The foregoing provisions shall also apply to signs which become nonconforming due to zone changes which take place hereafter.

1. For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one (1) building occupying one (1) lot: Two - family and multi - family dwellings.
2. In the case of a court apartment or multi - family dwellings, side yards may be used as rear yards provided that:
   1. The required side yard shall be increased by one (1) foot for each entrance or exit opening into or served by such yard.
   2. The width of the court shall not be less than two and one - half (2-1/2) times the width of the side yard as required in the district in which such court apartments or multi - dwellings are located.
   3. Where a roadway is provided in the court, the width allowed for such roadway shall be in addition to that required in the foregoing regulation.
   4. All other requirements, including front, side, and rear yards shall be complied with in accordance with the regulations of the district in which such court apartments or multi - family dwellings, are located.
   5. Every part of a required minimum yard or court shall be open from its lowest point to the sky unobstructed, except for permitted obstructions in minimum required yards as specified in SECTION 9.10, G. of this Ordinance.

1. In any zone where the average depth of existing front yards within three hundred (300) feet of the lot in question and within the same block front, is greater than the minimum front yard depth prescribed elsewhere in this Ordinance, the minimum required front yard depth on such lot shall be modified to be the average depth of said existing front yards provided, however, that the depth of the front yard on any such lot shall not be greater than sixty (60) feet.
2. In any residential zone, no front yard shall be required to exceed the average depth of existing front yards on the same side of the street within the same block front, when fifty one (51) percent or more lots within that block front are improved with residential buildings, provided that in no case shall a front yard depth be less than twelve (12) feet.

1. Where existing or proposed development within the multi - family (R-2 and R-3) and commercial (NC, PO, SC, and LHS) Zones is to be subdivided, the minimum area and yard requirements may be less than required by this ordinance provided that:
   1. The maximum density of the zone is not exceeded and/or the minimum site for the total development must not be less than that required by the respective zone.
   2. A community association or other responsible entity is established prior to the approval by the planning commission of any subdivision of land. The association shall be obligated and empowered to own, operate, and maintain all common areas (as specifically identified on the submitted site plan required by Item c. of this section) including such items as open space, recreational facilities, access drives, parking areas, pedestrian walkways, etc., and all facilities constructed thereon.
   3. A site plan, as regulated by the applicable requirements of Section 9.12 of this ordinance, including the proposed area and yard requirements for the development, is submitted for review and approval by the planning commission.
2. In addition, the planning commission may waive the requirement that all lots abut a minimum frontage along a dedicated right - of - way provided that those lots that do not abut a dedicated right - of - way are assured an unencumbered and maintained accessway by the association to a dedicated right - of - way.

On a lot within any residential zone, where an existing principal structure that was lawfully placed when constructed but that does not comply with the minimum required side yard setback for that zone, additions to the principal structure may be made which have the same side yard setback as the existing structure, provided that in no case shall a side yard depth be less than five (5) feet.

On a lot within any residential zone, an existing principal structure that was lawfully placed when constructed but that does not comply with the required building setbacks may be expanded vertically, provided that all other requirements of this ordinance are met and in no case shall a side yard depth be less than five (5) feet or a front yard depth less than twelve (12) feet.

1. That the proposed building and use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community; and
2. That such building and use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
3. That the proposed building and use will comply with any regulations and conditions specified in this ordinance for such building and use.

1. The Board of Adjustment may approve, modify, or deny any application for a conditional use permit. If it approves such permit, it may attach necessary conditions such as time limitations, requirements that one or more things be done before the request can be approved, or conditions of a continuing nature. Any such conditions shall be recorded in the Board's minutes and on the conditional use permit, along with a reference to the specific section in the zoning regulation listing the conditional use under consideration. In addition, said conditional use permit shall be recorded in the office of the County Clerk and one copy of said permit attached to the deed for the property for which it is issued. The Board shall have the power to revoke conditional use permits, or variances for noncompliance with the condition thereof. Furthermore, the Board shall have a right of action to compel offending structures or uses removed at the cost of the violator and may have judgment in personam for such cost.
2. Granting of a conditional use permit does not exempt the applicant from complying with all of the requirements of this Ordinance, the building code, housing code, and other regulations of the city of Park Hills.
3. In any case where a conditional use permit has not been exercised within twelve (12) consecutive calendar months from date of issuance, if no specific time limit has been set, such conditional use permit shall not revert to its original designation, unless there has been a public hearing. Exercised as set forth in this section, shall mean that binding contracts for the construction of the main building or other improvement has been let; or in the absence of contracts that the main building or other improvement is under construction to a substantial degree, or that prerequisite conditions involving substantial investment shall be under contract, in development, or completed. When construction is not a part of the use, exercised shall mean that the use is in operation in compliance with the conditions as set forth in the permit.
4. The Zoning Administrator shall review all conditional use permits, except those for which all conditions have been permanently satisfied, at least once annually and shall have the power to inspect the land or structure where the conditional use is located in order to ascertain that the landowner is complying with all of the conditions which are listed on the conditional use permits.

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

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

5. Once the Board of Adjustment has completed a conditional use permit and all the conditions required are of such type that they can be completely and permanently satisfied, the Zoning Administrator, upon request of the applicant, may, if the facts warrant, make a determination that the conditions have been satisfied, and enter the facts which indicate that the conditions have been satisfied and the conclusion in the margin of the copy of the conditional use permit which is on file with the county clerk, as required in KRS 100.344. Thereafter, said use, if it continues to meet the other requirements of this Ordinance, will be treated as a permitted use.

1. Any person who wishes to obtain a building permit, to move and set in compliance herewith shall apply at the office of the Building Inspector requesting an inspection of the building, structure, or improvement to be moved and set, and that an application for such permit be filed with the Building Inspector.
2. The applicant shall submit, with his application for said building permit, a plot plan, footing and foundation plan, and construction plans for any new construction. Said plans shall comply with the city of Park Hills Building Code.
3. If the building, structure, or improvement is located in the city of Park Hills, all outstanding property taxes shall be paid and the applicant shall submit with his application a statement from the city of Park Hills City Treasurer showing that all past and current taxes have been paid before any permit shall be issued.
4. Upon receipt of the foregoing items, the Building Inspector shall inspect said building, structure, or improvements, and the proposed location where same will be set within the city of Park Hills and determine that the proposed development complies with Building Code.
5. The move and set shall be referred to the Zoning Administrator for approval or denial of compliance with this Ordinance.
6. Upon approval by the Zoning Administrator and Building Inspector, a permit shall be issued to permit the move and set. The city of Park Hills Engineer shall then be notified of same and shall issue a transport permit. The city of Park Hills Engineer, or his agent, will designate the route to be traveled. The transport permit is good only for the date specified on permits except Saturday, Sunday, or holidays. The transport permit will not be issued if ninety (90) consecutive calendar days or more have lapsed from the date of inspection by the Building Inspector.
7. There will be a building permit fee of fifty dollars ($50.00) to cover the costs of investigation and inspection for determining the structural soundness of buildings, structures, or improvements to be moved which fee is payable in advance and must accompany the application provided for herein. The inspection shall determine what will be necessary to bring buildings, structures, or improvements into compliance with the city of Park Hills Building Code should the building not comply. This fee is not returnable. If buildings, structures, or improvements are found to be capable of complying with the city of Park Hills Building Code, and this Ordinance, a building permit will be issued at the regular fees as determined by the valuation of said building, structure, or improvements as published in the Building Code. This fee is in addition to the fifty dollars ($50.00) fee first listed.
8. The transport permit provided for in this section shall not be in lieu of any building permits which may be required by the city.
9. No transport or building permit to move and set shall be issued until the applicant has first obtained the necessary permits from the telephone company, public utilities companies, railroad companies, and the State Highway Department of Kentucky and the Kenton County Road Supervisor unless it can be shown by the applicant, that these agencies are not interested in the matter.
10. No transport or building permit to move and set shall be issued for any building, structure, or improvement exceeding the dimensions as approved by the Zoning Administrator and Building Inspector.
11. No person, corporation, or company shall transport, move, or set any building, structure, or improvement in the city of Park Hills, until and unless such person, corporation, or company shall post with the Building Inspector a good and sufficient indemnity bond in the amount of five thousand dollars ($5,000.00) in favor of the city of Park Hills. Such bond shall be made by a Surety Corporation authorized to do business in the Commonwealth of Kentucky; said bond may be issued on an annual basis but shall not be in excess of such period of time.

1. All new building development and construction or development requiring a zoning map amendment, except for single and two-family residential.
2. EXISTING DEVELOPED SITES:
   1. New parking lot construction, including the expansion, moving or relocation of existing parking. This requirement shall only affect those newly paved areas of five (5) spaces or larger, or any paved area larger than 1500 square feet. The number of parking spaces added shall also include any spaces added within one (1) calendar year prior to the building permit application for the new spaces. This requirement shall, in no instance, be deemed as retroactively affecting sites prior to the adoption of this amendment.
   2. Substantial additions to an existing building - Substantial building additions will be defined per the criteria established below:

1. Swimming pools shall be permitted to be located only to the rear of the principal permitted dwelling or dwellings.
2. Except as herein provided, no swimming pool, including the apparatus and equipment pertaining to the operation of the swimming pool shall be permitted within any required yards of the lot nor within the limits of any public utility right - of - way easement.
3. Swimming pools which are constructed in - ground shall be required to have a fence or wall, including a self - closing or self - latching door or gate around the pool or the property on which the pool is located of at least four (4) feet in height, but not exceeding seven (7) feet (only classes 1, 3, 4, or 5 fences are permitted, as regulated in ARTICLE XVI of this Ordinance) and of such construction that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening a gate or door.
4. Swimming pools which are located above - ground shall be required to have a fence or wall, including a self - closing or self - latching door or gate around the pool or property upon which the pool is located, of at least four (4) feet in height, but not exceeding seven (7) feet (only classes 1, 3, 4, and 5 are permitted, as regulated by ARTICLE XVI of this Ordinance) and of such construction that a small child may not reach the pool from the street or any adjacent property without scaling a fence or wall or opening a gate or door. Said wall may be the wall of the above - ground pool, providing, however that said wall is at least four (4) feet in height.

   In addition, any access to above - ground pools by means of a ladder or stairway shall be provided with a self - closing or self - latching door or gate, or some other device that would prevent a small child from gaining access to the pool by means of a ladder or stairway.

5. Glare from flood lights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.
6. All swimming pools, including the apparatus and equipment pertaining to the operation of the swimming pool, shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city of Park Hills. Any water used in the operation of a swimming pool, other than from a public source, shall be approved by the appropriate Health Department. The swimming pool shall have a filtration system approved by the appropriate Health Department.
7. All swimming pools existing at the time of adoption of this Ordinance which are unprotected by a surrounding fence or wall, including gates or doors, as regulated by subsections A., 3 and A., 4 of this section of the Ordinance, shall be required to comply with the provisions of this section within sixty (60) days after adoption of this Ordinance.

1. Except as herein provided, no swimming pool, including the apparatus and equipment pertaining to the operation of the swimming pool shall be permitted within any required yards of the lot or within the limits of any public utility right - of - way easement.
2. The swimming pool, or the property on which the pool is located, shall be surrounded by a fence or wall (only classes 1, 3, 4, and 5 fences are permitted, as regulated by ARTICLE XVI of this Ordinance) at least five (5) feet in height, but not exceeding the height as permitted herein, and of such construction that a small child may not reach the pool from the street or from adjacent property without opening a door or gate or scaling a wall or fence.
3. Glare from flood lights used to illuminate the swimming pool area for night bathing shall be directed away from adjacent properties.
4. All swimming pools including the apparatus and equipment pertaining to the operation of the swimming pool shall be constructed and erected in accordance with all applicable codes, ordinances, and regulations of the city of Park Hills. Any water used in the operation of the swimming pool, including the filtration system, other than from a public source, shall be approved by the appropriate Health Department.
5. No mechanical device for the reproduction or amplification of sounds used in connection with swimming pools shall create a nuisance to adjacent residential properties through the emission of noises, voices, or music which is loud enough to cause complaints from said adjacent residential property owners.

1. Field study, involving visits to all identified existing sexually oriented businesses in Kenton and Campbell Counties;
2. Meetings with stakeholder groups involved in these businesses;
3. Consultation with the Kenton County, Campbell County Attorney, and the city attorneys for certain cities, and the community at large on this issue;
4. Consultation with the professional staff of Planning and Development Services of Kenton County on this issue;
5. Review of studies and litigation concerning sexually oriented businesses in other communities;
6. Investigation of regulatory approaches to massage therapy;
7. Review of existing ordinances in Kenton and Campbell Counties;
8. Review of similar ordinances in a number of communities outside the Commonwealth of Kentucky;
9. Review of Kentucky statutes related to regulating sexually oriented businesses.

Defendant City of Newport ("City" or "Newport") long ago gained a reputation as home to a veritable smorgasbord of vice, attracting patrons from across the nation. For decades, the small city was considered the Midwest's answer to Las Vegas, and leaders of organized crime were said to operate its gambling casinos and nightclubs.

In the 1960's, public pressure began to demand that Newport be cleaned up. This pressure has continued until the present, with varying degrees of success.

A 1986 report generated by the Newport Alcoholic Beverage Control Administrator indicated that of 28 adult bars opened since 1978 (including successive bars at the same site), 21 had had at least one prostitution-related conviction, and 18 had had multiple convictions. Def. Ex. K, p. 2. The report explained that "all of the prostitution in businesses with adult entertainment involved an alcoholic beverage as the median [sic] of exchange and the solicitation of such drinks by 'mixers.'" Id. In all, 98% of prostitution arrests in Newport occurred in the vicinity of these bars. Id. Adult entertainment establishments, which constituted 12% of all businesses serving alcohol, accounted for 17% of all police runs. Def. Ex. K, p. 21.

A later review, conducted in 1990 by the Newport License Inspector, documented the continued prostitution arrests occurring at several adult dancing establishments. Def. Ex. G. Moreover, the City determined that over $ 70,000 was expended in 1990 to target, patrol and prosecute the illicit behavior occurring in and around the bars. Def. Ex. H.

Several of Newport's citizens, merchants and church groups also opposed the presence of the semi-nude dancing clubs. These groups generally believed that the adult entertainment clubs were "clouds over [the] neighborhood that keep [it] from growing in the [right] direction." See Def. Ex. I (letter to Mayor from Taylors Landing Business District). Complaints commonly expressed were that the seamy establishments deterred other merchants from locating in Newport's business district, deterred shoppers, served a poor example for the City's youth, and generally tarnished the City's image. Id.

Bright Lights, Inc., v. City of Newport, 830 F. Supp. 378, 380-81 (E. D. Ky. 1993).

Based on those findings, the court went on to hold in relevant part:

Having considered the matter carefully, the court concludes that some leeway must be afforded the reform efforts of the City Council of Newport. This body has been elected by the citizens to attempt to "clean up the image" of the City.

To do this, it must overcome the sleazy impression of Newport and Northern Kentucky that survives from "the heyday" when things ran wide open; reform candidates were literally drugged and framed for morals offenses by public officials and police officers; the members of reform citizens groups were vilified and harassed; and a "liberal" in local parlance was a person favoring the continued open and notorious violation of the gambling and morals laws.

To illustrate that the Council's perception of a need to clean up the image of the City is not paranoid, the court notes the following statements in a national magazine's satirical Chapter on Newport's big sister, the city of Cincinnati.

"The city's streets fairly shine; the odd litterer draws a scornful stare. Wide avenues, bosky side streets, the most inviting of thoroughfares. And clean. So clean. No X-rated movie theaters, no adult-book stores, no bare-breasted night joints soil these streets, all of them long ago jettisoned over to the Kentucky side of the river."

Peter Richmond, “Town Without Pity,” Gentlemen's Quarterly, July 1993, at 102, 104.

This court holds that the City of Newport has the right to secede as Cincinnati's combat zone.

The court holds that the City has "an important and substantial governmental interest" in advancing these reform goals, which interest is furthered by the ordinances in question. Barnes, 111 S. Ct. at 2461. The court further finds and holds that in the case of the City of Newport, given its unique history, the ordinances' "incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest." Id. (quoting O'Brien, 391 U.S. at 376-77, 88 S. Ct. at 1678-79).

Newport's image affects that of all of Northern Kentucky, a community of nearly 300,000 people. That City and its community have the right to project a progressive and decent image. The nudity ordinances contribute to the enhancement of this interest and will be upheld. 830 F.Supp. at 384;

1. “Final Report to the City of Garden Grove: The Relationship between Crime and Adult Business Operations on Garden Grove Boulevard,” Richard W. McCleary, Ph.D., James W. Meeker, J.D., Ph.D., October 23, 1991.
2. “Survey of Appraisers: Fort Worth and Dallas – Effects of Land Uses on Surrounding Property Values,” Duncan Associates, Eric Damian Kelly, FAICP, and Connie B. Cooper, FAICP, September 2004.
3. “Adult Entertainment Businesses in Indianapolis, An Analysis,” 1984.
4. “Adult Business Study,” by City of Phoenix Planning Department, May 25, 1979.
5. “Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul,” June 1978, City of Saint Paul Division of Planning, Department of Planning and Management; and Community Crime Prevention Project, Minnesota Crime Control Planning Board.
6. “Staff Report, Whittier City Planning Commission; Subject: Adult Business Regulations,” July 11, 1994.
7. “Adult Entertainment Study,” Department of City Planning, City of New York, Second Printing, November 1994.
8. “Adult Use Study,” Newport News Department of Planning and Development, March 1996.
9. “A Report on the Secondary Impact of Adult Use Businesses in the City of Denver,” prepared by multiple city departments for Denver City Council, January 1998.
10. “Survey of Appraisers in Monroe County, New York,” Summer 2000. For detailed results of the survey, see Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service Report No. 495-96. Chicago: American Planning Association, 2000; pages 51-57.
11. The Tucson “study” consisting of two memos: one from the Citizens Advisory Planning Committee, addressed to the Mayor and City Council, and dated May 14, 1990; and the other from an Assistant Chief of Police to the City Prosecutor, regarding “Adult Entertainment Ordinance,” dated May 1, 1990.

1. Bars in Kentucky are already regulated by the Commonwealth, and those state regulations directly address many of the concerns that arise with the service of alcohol;
2. The local history of prostitution and sex-related crimes has largely been related to businesses with live, sexually oriented entertainment, and not with other establishments that serve alcohol; and
3. The interaction between dancers who are paid to work with very limited clothing and the customers who pay to see them work in the establishments with live entertainment creates a sexually charged environment and the opportunity to negotiate for the provision of additional services that do not involve dancing or other protected expression and that are simply unacceptable under the standards of the County and its citizens.

1. Sexually oriented businesses should, to the maximum extent practicable, be separated from one another by a distance that is greater than a convenient walking distance, because experience elsewhere has shown that the location of such businesses near one another may increase the adverse secondary effects, particularly those related to crime, by a greater than arithmetic factor;
2. Sexually oriented businesses have the greatest adverse effect on residential neighbourhoods and should thus be separated to the maximum extent practicable from residential neighbourhoods;
3. Sexually oriented businesses are likely to attract criminal elements that prey on “soft targets,” including children, and it is thus important to separate sexually oriented businesses from schools, parks, recreation centers, and religious institutions, all of which are places where children are likely to congregate, often without parental protection;
4. Also because of the tendency of sexually oriented businesses to attract criminal elements that prey on soft targets, it is important to seek locations for such businesses that are not located along pedestrian routes, where young people, old people and others who are vulnerable, are likely to walk in going about their day-to-day business. Thus, locations to which the primary access is by automobile minimize the risk of persons going about their daily business encountering persons who are visiting or even loitering around the sexually oriented businesss.

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

1. Sexually oriented media store;
2. Sex shop;
3. Service oriented escort bureau;
4. Sexually oriented motion picture theatre; and
5. Sexually oriented cabaret or theatre.

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