If you own property in Covington, yes. The provisions in this NDC apply to the development, redevelopment, new construction, renovation, or addition to all structures and land within the city limits of Covington. You will find provisions related to the subdivision of land and the installation of infrastructure, such as streets, sidewalks, and utilities, in the Kenton County Subdivision Regulations. 

What kind of provisions are in this NDC?

This NDC: 

• Establishes character districts and shows what housing and building types (mixed use building, corner store, single-family detached, etc.)  and land uses (residential, mixed-use, nonresidential) are allowed in those districts;
• Sets standards for lot area, building placement (how close to or far from a property line a building has to be), building height, and building activation (for example, the amount of windows required to front on a street);
• Provides standards for frontages (porch, stoop, shopfront, etc.) that are allowed on various building and housing types; 
• Establishes rules for parking, landscaping, signs, and building materials on private property;
•  Shows the process for obtaining various type of permits and approvals such as a change in character district, zoning permits, and variance requests;
•  Sets rules for expansions of land uses or structures that do not comply with the rules in this NDC; and
•  Provides definitions for various terms used in this NDC.

Which approvals do the City oversee and which do the County oversee?

How may my property be used?

To determine how your property may be used, take the following steps: 

• Find your property on the Character District Map to determine its character district.
• To see what uses are allowed, refer to the applicable permitted land uses table in Article 158.02, Character Districts.
• Follow the row across each column to determine what uses are permitted by right (P), permitted subject to limitations (L), permitted with a Conditional Use Permit (C),  or prohibited (-).
• If a use is indicated with a "P," then the use is permitted by right, according to the general standards and procedures in this Code, without the need for a public hearing.  If the use has a "L," then that means that the use is permitted without a public hearing, but is limited by the standards in Division 07, Use-Specific Standards. A "C" in the table indicates that the NDC requires a Conditional Use Permit from the Board of Architectural Review and Development (BOARD) for the use.  A dash (-) indicates that the use is prohibited in the given character district. 
• Each character district has permitted building types that are allowed. Details on the standards for these building types are in Sec. 04.08.3, Housing and Building Types. 

I have a use in mind.  Where can I build  it?

To determine where a specific use is permitted, take the following steps:

• Refer to Sec. 03.06.3, Permitted Uses by District Table.  
• Find the listed use on the left-hand side of the table. 
• Follow the row across each column to determine in what character districts the use is permitted by right (P), permitted subject to limitations (L), permitted with a Conditional Use Permit (C), or prohibited (-). 
• If a use is indicated with a "P," then the use is permitted by right, according to the general standards and procedures in this Code, without the need for a public hearing.  If the use has a "L," then that means that the use is permitted without a public hearing, but is limited by the standards in Division 07, Use-Specific Standards. A "C" in the table indicates that the NDC requires a Conditional Use Permit from the Board of Architectural Review and Development (BOARD) for the use.  A dash (-) indicates that the use is prohibited in the given character district.
• Consult the Character District Map in order to find the location of applicable character districts.
• If the use you have in mind is not listed in the use tables, contact the Planning Staff at 859-292-2135. 

I have a specific building type in mind. Where can build it? 

To determine where a specific building type can be located, take the following steps:  

• Find your property on the Character District Map to determine its character district.
• To see what building types are allowed, refer to the Permitted Building Types table for your character district in Article 158.02, Character Districts.
• Refer to Sec. 04.08.3, Housing and Building Types, for your desired building type or refer to 

I want to change my character district.  How do I?

Only the City Commission may change the character district of a property, following public notice and hearings. Generally, the process goes like this:

1. You have to obtain and fill out a pre-application form. 
2. Submit the completed form along with the application fee, other materials describing the property, and what you propose to do. 
3. After a review, the Planning Staff will arrange for a pre-application conference with you.
4. After the pre-application conference, you may submit the formal application for the change in district. 
5. The Planning Staff, and other agencies, will review your submittal and provide comments.  Your case manager will notify you of any modifications required to your submitted materials. 
6. Once Planning Staff and all other agencies are satisfied, your case manager will schedule a public hearing with the Planning Commission. 
7. Public notification is required for any public hearing, in the form a mailed notice to nearby property owners and a sign posted on the subject property in accordance with KRS 100.212.
8. At the Planning Commission's public hearing, Planning Staff will make a recommendation to the Commission, and the Commission will hear testimony from anyone in favor of, against, or neutral to your request. 
9. After the Planning Commission hears public testimony, and has heard from you regarding your request, the Planning Commission will vote to recommend to the City Commission approval, approval with conditions, or denial of your change in district. 
10. The City Commission will consider your request, the Staff and Planning Commission recommendation, public testimony from the Planning Commission hearing, and testimony from its own hearing, and will approve, approve with conditions, or deny your request.  

See Sec. 07.22.4, District Map Amendment, for details on the procedure.

How much (or how little) parking does a residence or business need?

The table in Sec. 04.11.3, Required Parking Ratios, shows various land uses and the minimum and/or maximum number of parking spaces required or allowed.  In addition, Division 11, Parking, Loading, and Circulation, establishes the amount of loading spaces a business needs and, under certain circumstances, it lets a residence or business reduce the amount of parking it has to provide.

How much landscaping does a residence or business need?  

Division 12, Landscaping, Fencing, and Buffering, generally requires four types of landscaping that need to be provided on a site:

• Building foundation plantings - Shrub and ornamental plantings along the base of a building
• Streetscape plantings / Street trees - Tree plantings between a sidewalk and a street
• Parking and loading area plantings - Tree, shrub, and ornamental plantings within and on the edge of a parking area
• Bufferyards - Tree and shrub plantings on the edge of a site

The first three types of landscaping are required for multifamily, nonresidential, and mixed-use developments.  The fourth type, bufferyards, are required for multifamily, nonresidential, and mixed-use developments and certain single- and two-family developments.  

What kind of signs can a residence or business have?

Division 13, Signs, allows various sign types and sizes within the various character districts. Most signs require a sign permit, and the permit shall be reviewed and acted upon according to Sec. 07.21.7, Sign Plan and Permit.  

What does nonconforming mean and what are my options?

Existing uses, buildings and structures, lots, landscaping and buffering, signs, and parking and loading areas that complied with the regulations when they were established or built, but do not comply with the current provisions of this NDC are considered nonconforming.   Article 158.05, Nonconformities, of this NDC allows these uses, structures, and site elements to remain and undergo routine maintenance and repair, but limits or prohibits their expansion.

A use deemed a minor nonconformity may be converted from a nonconforming use to a conforming one according to the process in Division 17, Conversion of Minor Nonconformities.

An illegal use (one not permitted in the character district at the time the use was established) or a structure built without a valid permit are not considered nonconforming uses or structures and do not benefit from nonconformity protections described above. 

May I request a variance or appeal a decision, and how?

If, due to a hardship or unique circumstances related to your property, you cannot comply with certain development or design standards, you may request a variance from the Board of Architectural Review and Development (BOARD).  Sec. 07.23.4, Variance, provides the details for this procedure. 

You may appeal a City staff member's decision or a formal interpretation of this NDC to the Board of Architectural Review and Development (BOARD), in the manner spelled out in Sec. 07.23.1, Appeals.  An appeal of a decision of the City Commission, Planning Commission, or Board of Architectural Review and Development (BOARD) generally shall go to a court of competent jurisdiction.  Consult your attorney for further details. 

When two tables have conflicting information, which one applies?

If any discrepancies or conflicts result from the provisions of this NDC, the following list of tables are the governing and final authority on the specific issue unless other explicitly stated. Other tables may specifically call out modification or additions to the requirements of these governing tables.

• Table 03.06.3, Permitted Uses by District
• Table 04.08.3.A, Permitted Buildings Types by District
• Table 04.08.6.A, Permitted Frontage Types by Building Type
• Table 04.08.7.A-1, Minimum Open Space
• Table 04.09.2-1, Lot and Building Area Standards (Mixed-Use and SU Districts)
• Table 04.09.2-2, Lot and Building Area Standards (Non-Mixed-Use or SU Districts)
• Table 04.10.2, Building Placement and Massing Standards by District
• Table 04.10.3, Permitted Setback and Height Encroachments
• Table 04.10.4-1, Primary Materials
• Table 04.11.3, Minimum and Maximum Vehicle Parking Spaces
• Table 04.11.4.E, Vehicle Surface Parking Location
• Table 04.11.4.F-1, Permitted Parking Structure Types
• Table 04.11.4.G, Bicycle Space Requirements
• Table 04.11.4.H, Loading Space Requirements
• Table 04.11.6-1, Shared Parking Table
• Table 04.11.6-2, Illustrative Shared Parking Reduction Calculation
• Table 04.12.3, Tree Preservation Credit
• Table 04.12.4, Maximum Fence and Wall Height
• Table 04.12.5-2, Character District Bufferyard Requirements
• Table 07.20.2-1, Summary of Procedures
• Table 07.20.4, Application Authorization
   

Effective on: 10/15/2020