Covington City Zoning Code

ARTICLE 158

09 Definitions and Calculations

Division 27 Definitions and Construction of Language

Sec. 09.27.1 General

Numbering Style.

The provisions of this NDC are organized into the following hierarchical structure:
1. Articles;
2. Divisions;
3. Sections;
4. Subsections;
5. Paragraphs; and
6. Subparagraphs.
The word “Article” precedes all Article numbers and the word "Division" precedes all Division numbers.
The word “Section” precedes all Section numbers. The first numerals in a section number, before the first period, identify the article in which the Section is located. The second two numerals, following the Article number and first period, identify the section number. Thus, “Section 09.27.1,” indicates the first Section of Article 158.09, Division 27.
Subsections are identified by capital letters.
Arabic numerals are used to identify Paragraphs.
Lower case letters identify sub-subparagraphs.

Meanings and Intent. The language of this NDC shall be read literally. Regulations are no more or less strict than stated.

Tenses and Usage.

1. Words used in the singular include the plural. The reverse is also true.
2. Words used in the present tense include the future tense. The reverse is also true.
3. The words “must,” “will,” “shall” and “may not” are mandatory.
4. The word “may” is permissive.
5. The word “should” is advisory, not mandatory or required.
6. When used with numbers, “up to X,” “not more than X” and “a maximum of X” all include “X.”

Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
1. “And” indicates that all connected items or provisions apply; and
2. “Or” indicates that the connected items or provisions may apply singularly or in combination.
Fractions.
1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more will be rounded up to the next consecutive whole number, unless otherwise expressly indicated. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.
2. Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number unless otherwise expressly indicated. For example, if a maximum limit of one dwelling unit for every 1,000 square feet is applied to a 3,750 square foot lot, the resulting fraction of 3.75 is rounded down to 3 (dwelling units).
References to Other Regulations. All references in this NDC to other city, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply that the City is or will be responsible for enforcing county, state, or federal regulations.
Current Versions and Citations. All references to documents or to other city, county, state, or federal regulations shall be interpreted as references to the most current version of such documents or regulations, unless otherwise expressly indicated. If referenced regulations have been repealed and not replaced by other regulations, requirements in this NDC for compliance are no longer in effect.
Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
Delegation of Authority. Whenever a provision appears requiring an officer, employee, board, or commission to perform an act or duty, that provision is construed as authorizing the referenced officer, employee, board, or commission to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this NDC expressly prohibit such a delegation or when such delegation is prohibited by law.
Public Officials and Agencies. All employees, public officials, bodies, and agencies to which references are made are those of the City of Covington or Kenton County, unless otherwise expressly stated.
Use-Specific Standards. Where referenced in Table 03.06.3, Permitted Uses by District, or stipulated in Division 07, Use-Specific Standards, definitions of uses shall be interpreted to include applicable use-specific standards.
Collective References. References by group titles of uses or character districts shall be construed to reference each individual included use or character districts, as appropriate, unless the context clearly indicates otherwise or unless expressly indicated otherwise. The following is a non-exhaustive list of examples:
1. References to "residential character districts" or "residential districts" shall generally refer collectively to the Rural Residential (RR), Suburban Residential (SR), and Semi-Urban Residential (SU) character districts.
2. References to "mixed-use character districts" or "mixed-use districts" shall generally refer collectively to the Commercial Mixed-Use (CMU), Central Riverfront Mixed-Use (CRM), Downtown Core (DTC), Downtown Riverfront (DTR), Traditional Urban Mixed-Use (TUMU), and Traditional Urban Residential (TUR) character districts.
3. References to "residential uses" shall generally refer collectively to all of the uses included in the definitions for the Household Living use category and the Group Living use category.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.27.2 Acronyms and Abbreviations

ADA = Americans with Disabilities Act

ADU = Accessory Dwelling Unit

AUC = Auto Urban Commercial

BFE = Base Flood Elevation

BOARD = Board of Architectural Review and Development

C = Conditional Use Permit

CC = City Commission

CMU = Commercial Mixed Use

CRM = Central Riverfront Mixed-Use

CUP = Conditional Use Permit

DTC = Downtown Core

DTR = Downtown Riverfront

FEMA = Federal Emergency Management Agency

FHBM = Flood Hazard Boundary Map

FIRM = Flood Insurance Rate Map

FIS = Flood Insurance Study

Ft = Feet

GI = General Industrial

GFA = Gross Floor Area

HVAC = Heating, Ventilation, and Air Conditioning

HP = Historic Preservation

HPO = Historic Preservation Overlay

HS = Hillside Protection

ITE = Institute of Traffic Engineers

KCPC = Kenton County Planning Commission

KRS = Kentucky Revised Standards

L = Permitted subject to limitations

LI = Light Industrial

LOMA = Letter of Map Amendment

Max = Maximum

Min = Minimum

NDC = Neighborhood Development Code

NFIP = National Flood Insurance Program

P = Permitted by Right

PC = Planning Commission

REC = Recreation

RP = Resource Protection

RR = Rural Residential

Sec = Section

SHFA = Special Flood Hazard Area

SI = Suburban Industrial

SO = Suburban Office

Sq Ft = Square Feet

SR = Suburban Residential

SU = Semi-Urban

Subsec = Subsection

TUMU = Traditional Urban Mixed Use

TUR = Traditional Urban Residential

Effective on: 10/15/2020

Sec. 09.28.1 Buildings, Walls, and Fences

Building Height. Where building height is referenced in stories, one story is considered as 12 total feet unless a given context is otherwise developed. As illustrated in Figure 09.28.1-1, Building Height, Building height is to be measured as the vertical distance measured from average elevation of the finished grade adjoining the building at the front of the building to:

The average height level between eaves and ridge for gable, hip, and gambrel roofs.
The highest point of the roof surface for a flat roof; and
The deck line of a mansard roof.

Figure 09.28.1-1, Building Height

Fence and Wall Height. As illustrated in Figure 09.28.1-2, Fence and Wall Height, the height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet of either side of such walls or fences to the top of the wall or fence. A fence height does not include the height of a retaining wall on which it is constructed.

Figure 09.28.1-2, Fence and Wall Height

Floor Area Ratio. As illustrated in Figure 09.28.1-3, Floor Area Ratio, the floor area ratio is the gross floor area of all buildings on a lot, divided by the lot area.

Figure 09.28.1-3, Floor Area Ratio

Gross Floor Area. As illustrated in Figure 09.28.1-4, Gross Floor Area, below, means the sum of the total horizontal square footage of every floor of every building on a lot measured as follows:
1. The horizontal square footage is measured from the outside face of all exterior walls.
2. Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures are included as gross floor area wherever at least seven feet of clearance is provided between the finished floor and the ceiling.

Figure 09.28.1-4, Gross Floor Area

Building Width/Street Frontage. As illustrated in Figure 09.28.1-5, Building Width (Street Frontage) Calculation, below, building width means the widest measurement of the building ("B" in the diagram below) that is within the minimum and maximum front or side street setbacks ("A" in the diagram below), as measured parallel to the specified lot line, represented as a percentage of the total width of the parallel lot line.

Figure 09.28.1-5, Building Width (Street Frontage) Calculation

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.2 Identifying the Context and Calculating Context Average

Identifying the Context. Where this NDC permits, requires, limits, or prohibits certain elements and dimensions based on the presence or dimensions of similar elements in a given project site's context (for example, the minimum lot area for an Apartment building type is lesser of (1) 10,000 sq. ft. or (2) the lot area of smallest similarly-developed lot within the context), the context shall be defined through the steps in Table 09.28.2, Context Identification Process, and the provisions below. Lots are classified per Sec. 09.28.4, Lots and Lot Lines, and are depicted in Figure 09.28.2, Context Illustrations, below.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Calculating Context Average. Where (1) a context type is unclear, or where (2) a dimension of a development within a context is an outlier (skewing the average measurement by being greater than 1.5 times the median measurement), the Administrator may determine the type and extent of the context and exclude outliers based on, as applicable:
1. The size of a block or block face (to avoid including the extents of an atypically large block - particularly where such portions are out of view of a given project site); and, or
2. The proportion of a particular measurement as a ratio of a total measurement, such as (1) a ratio of total lot width or (2) a ratio of total lot depth; and, or
3. The prevailing orientation of lots or developments within a block or block face; and, or
4. The prevailing type of development within a block or block face (to avoid incorporating lots that were developed in a demonstrably different manner - such as a strip mall with a parking frontage in the same block as small-scale dwellings built close to the street).
Context Types based on Lot Type
1. Alley Lot. If the given project site is an alley lot, then the context shall be defined as other adjacent alley lots and the surrounding lots within the encapsulating block which includes the given project site.
2. Corner Lot. If the given project site is a corner lot that is included in two different block faces, then the context shall be defined as both block faces.
3. Interior/Mid-block Lot. If the given project site is an interior lot within a block face, then the context shall be defined as the block face which includes the given project site.
4. Lots in Unimproved Block Face. If the given project site is within a block face that does not include other lots improved with buildings, then the context shall be defined as the opposing block face (being immediately opposite the same street as the project site) and the remaining block which includes the given project site.
5. Lots in Unimproved Block. If the given project site is within a block that does not include other lots improved with buildings, and the block face opposite the given project site does not include other lots improved with buildings, then the context shall be expanded to include the block faces surrounding the block which includes the given project site.

Figure 09.28.2, Context Illustrations
Alley Lot	Corner Lot

Interior/Mid-Block Lot	Lots in Unimproved Block Face

Lots in Unimproved Block

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.3 Setbacks and Yard Types

Setbacks. Setbacks and yards are the minimum or maximum horizontal distance of a required open space at grade between the outer wall of a building or structure and the adjoining property lines, unoccupied and unobstructed by any portion of a structure from the ground upward. The street and rear setback lines span the entire width of the property. The interior side and side street setback lines extend from the required front setback line to the required rear setback line, as depicted in Figure 09.28.3, Setbacks and Yards.

Interior Side Setback Calculation. Interior side setbacks are calculated by averaging the smallest interior setbacks provided on each lot in a given context that is similarly developed.
Accessory Structure Setback. The calculation for the minimum setback(s) for an accessory structure shall be based on other accessory structures within the project's context.

Yard Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Vacant Properties. Refer to Sec. 09.28.2, Identifying the Context, for determining the setbacks or yards that apply to vacant properties.

Encroachments. Certain types of structures and certain elements of structures are permitted to encroach into required setbacks or specified yards per Sec. 04.10.3, Permitted Setback and Height Encroachments.

Figure 09.28.3, Setbacks and Yards

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.4 Lots and Lot Lines

Generally. Figure 09.28.4-1, Lot Types, Figure 09.28.4-2, Corner Lot on Curved Street, and Figure 09.28.4-3, Lot Coverage Sample Calculation, are illustrative of the following terms.

Measurements.

Lot Area. Lot area includes the total land area contained in the property lines of a lot.
Lot Width. The distance between side property lines at the point of the required front setback/build-to.

Lot Types. The following lot types are depicted in Figure 09.28.4-1, Lot Types.

Alley Lot. A lot abutting an alley right-of-way and that does not abut any other street at any point.
Corner Lot. A lot abutting two streets at their intersection. A street that curves at an angle of less than 135 degrees, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot, as depicted in Figure 09.28.4-2, Corner Lot on Curved Street.
Double-frontage Lot. An interior lot that fronts on two streets that do not intersect at the boundaries of such a lot. Also called a “through lot.”
Flag Lot. A lot that is characterized by a strip of land, not less than 30 feet in width, that provides access to the main portion of the lot. The main portion is the “flag”. The strip of land providing access/frontage is the “pole” of the flag lot.
Interior Lot. A lot whose side lot lines abut alley rights-of-way or other lots instead of non-alley public or private rights-of-way.
Triple- / Multi-frontage Lot. A lot abutting more than two non-alley street rights-of-way.

Lot Line Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Lot Coverage Calculation Method. The percentage of a property, as depicted in Figure 09.28.4-3, Lot Coverage Sample Calculation, that may be covered with impervious surfaces (surfaces that do not absorb water), including, but not limited to, principal and accessory structures, in-ground pools or other water features with paved floors, and impervious parking, driveways, and walkways.

Figure 09.28.4-1, Lot Types

Figure 09.28.4-2, Corner Lot on Curved Street

Figure 09.28.4-3, Lot Coverage Sample Calculation

Effective on: 10/15/2020

Sec. 09.28.5 Sight Triangle

Generally. A sight triangle is the triangular area bounded as follows, and as illustrated in Figure 09.28.5, Sight Triangle:

Horizontal Dimensions.

1.
Streets and Alleys. A triangular area measured at a point beginning at the intersection of the two outer edges of paved vehicular roadways (including alleys), extending per the specified distances below, and with a line connecting the end points of those two lines:
1. a.
  30 feet along non-alley roadway edges for residential character districts;
2. b.
  15 feet along non-alley roadway edges for nonresidential or mixed-use character districts; and/or
3. c.
  10 feet along alley roadway or private drive edges where intersecting with a sidewalk or street.
2.
Streets and Railroads. A triangular area measured at a point beginning at the intersection of the outer edge of a paved vehicular roadway and the edge of a railroad a distance of 30 feet along the roadway and the railroad, with a line connecting the ends of those two points.

Vertical Dimensions. The vertical dimensions of this triangle are two and one-half feet to nine feet above finished grade.

Figure 09.28.5, Sight Triangle

Effective on: 10/15/2020

Sec. 09.28.6 Neighborhood Open Space

Required neighborhood open space is calculated as the area of required common or public open space in a subdivision, outside of the lots platted for development, divided by the subdivision area, as depicted in Figure 09.28.6-1, Neighborhood Open Space.

Figure 09.28.6-1, Neighborhood Open Space

Accessory Dwelling Unit means a type of residential land use that is accessory to a primary residential land use.

Agricultural Sales means an establishment engaged in the retail or wholesale sale from the premises of feed, grain, fertilizers, pesticides and similar goods.

Effective on: 10/15/2020

Agricultural Support Services

Agricultural Support Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal veterinarians.

Effective on: 10/15/2020

Agriculture and Animal Services

Agriculture and Animal Services means, per KRS 100.111, a category of uses containing the use of:

A tract of at least five contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public;
Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155;
A tract of at least five contiguous acres used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations; or
A tract of land used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.a use type containing uses primarily related to the raising of animals and crops and the secondary enterprises associated with agricultural production.

Uses in this use type include: Animal production; Community Garden; Crop production; Kennel; Nursery (Retail); Stable (Private and Non-Commercial); Stable (Public or Commercial); Veterinary clinics and hospitals; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Effective on: 10/6/2021

Base Flood

Base Flood means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100 year flood"). Base flood is the term used throughout this ordinance.

Effective on: 10/15/2020

B

Base Flood Elevation (BFE) means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

Effective on: 10/15/2020

Basement

Basement means any area of a structure having its floor sub-grade (below ground level) on all sides.

Effective on: 10/15/2020

Bed and Breakfast Inn

Bed and Breakfast Inn means a private inn or other unique residential facility meeting the requirements of KRS 219.011:

Having six or more guest rooms or suites for occupancy; and
In which breakfast and other meals may be served to the guests; and
Whose innkeeper resides on the premises or property adjacent to the premises during periods of occupancy; and
Does not otherwise meet the definition of a short-term rental.

Effective on: 10/15/2020

Bicycle Parking, Long-Term

Bicycle Parking, Long-Term means space for parking of bicycles for all-day users, employees or residents. Such spaces may consist of bicycle lockers, bicycle racks in enclosed areas, or space within a building where a resident, employee, or visitor may park a bicycle for the day or overnight.

Effective on: 10/15/2020

Bicycle Parking, Short-Term

Bicycle Parking, Short-Term means space for temporary parking of bicycles for visitors and customers. Such spaces may be public or private and typically consist of outdoor bicycle racks.

Effective on: 10/15/2020

Bingo Hall

Bingo Hall means a facility used exclusively or primarily for conducting bingo and other similar games that are open to the public.

Effective on: 10/15/2020

B

Biodigester means an accessory or principal use on a property that utilizes anaerobic digestion for the primary purpose of the producing energy. Mechanisms and processes that are part of the digester, including but not limited to separators and refining equipment, produce biogas, which is used for production of electricity and pipeline-quality natural gas. A biodigester may refine digestate as a secondary function to produce soil amendments, fertilizer, and other similar products.

Effective on: 10/6/2021

Block

Block means the smallest geographic group of lots, alleys, easements, and other facilities bounded by:

Rights-of-way of any classification, not including alleys, in the Kenton County Comprehensive Plan; and/or
Water bodies.

Block Illustration

Effective on: 10/15/2020

Block Face

Block Face means all lots on a block fronting on a public or private street of any classification in the Kenton County Comprehensive Plan, on the same side of the street, and between two consecutive street intersections, not including alleys.

Block Face Illustration

Bulk Mailing Service a facility that mails large numbers of identical items, such as circulars or advertisements, sent to individual addresses at less than first-class rates and paid for in one lot.

Effective on: 10/15/2020

Bulk Storage

Bulk Storage means the warehousing of large quantities of goods, including, but not limited to, cold storage plants, and storage of household goods, equipment, general freight, and nonflammable liquids.

Car Wash means a facility for the washing or cleaning of vehicles. A car wash may be:

a single unit type with a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
an automated single unit type that has a single bay to accommodate one vehicle at a time; or
a tunnel unit type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

Effective on: 10/15/2020

Caretaker's Quarters

Caretaker's Quarters means a permanent accessory dwelling for purposes of housing a caretaker associated with a use in an industrial use type.

Effective on: 10/15/2020

Carport

Carport means a covered structure that provides protection to motor vehicles from the elements.

Effective on: 10/15/2020

Carriage House

Carriage House means a building type that is located on the same lot as and clearly subordinate in size and scale to a principal residential use. This type of building is independently habitable and provides a minimum of the basic requirements for shelter, heat, cooking, and sanitation. This building type may or may not be attached to the otherwise separate principal building on the same lot, where permitted.

Civic means a category of uses containing uses that provide services to the general public related to recreation, fellowship, worship, health, education, and transportation.

Uses in this use type include: Adult day care; Airport or heliport; Aquarium; Bus or train passenger terminal; Cemetery, columbarium, mausoleum, or memorial park; College, university, or vocational school; Community, senior, or youth center; Day care; Government / non-profit parking lot or maintenance area; Government Services (Administrative, Education, Postal, Safety); Museum or gallery; Park, playground, and common open space; Park-and-ride facility; Pre-School or child day care center; Public Assembly Facility; School, elementary or middle (public or private); School, high (public or private); Swimming Pool (Public); and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Dance Club or Dance Hall means an establishment open to the public for entertainment, particularly dancing, which may also serve food or beverages (alcoholic and non-alcoholic) as an accessory use.

Effective on: 10/15/2020

Day Care

Day Care means a facility providing care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are two types of day care as a principal use:

Day Care, Type 2. A facility that is licensed by the state to care for 7 to 12 children or adults.
Day Care, Type 1. A facility that is licensed by the state to care for 13 or more children or adults.

Entertainment, Outdoor

Entertainment, Outdoor means a category of commercial uses providing daily or regularly scheduled recreation-oriented activities in an outdoor setting.

Uses in this use type include: Amphitheater; Amusement park; Campground without Overnight Accommodation; Fairgrounds; Farmers market (outdoor); Golf course, golf driving range, or mini-golf course; Marina; Paintball facility; Race Track (Vehicle); Skateboard park; Stadium, running track, or ball field; and other uses that the Administrator interprets to be functionally similar to a use in this use type.

Typical accessory uses include: Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining area; Minor utilities; and Single attached dwelling unit for caretaker.

This use category does not include Swimming Pool (Public).

Effective on: 10/15/2020

Entertainment, Sexually Oriented

Entertainment, Sexually Oriented means any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business that is required to be licensed: dancing, singing, talking, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing, or individual conversations with customers for which some type of remuneration is received.

Effective on: 10/15/2020

Escort

Escort means a person who is held out to the public to be available for hire for monetary consideration in the form of a fee, commission, or salary, and who for said consideration consorts with or accompanies or offers to consort with or accompany, another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters, and includes a “service oriented escort;” for purposes of this ordinance, the term “escort” does not include any person who would be understood by a reasonably prudent person as providing “babysitting” services or working as an assisted living companion to the elderly, infirm, disabled, or handicapped, and further does not include licensed health professionals.

Effective on: 10/15/2020

Escort, Service Oriented

Escort, Service Oriented means an escort that:

Operates from an open office;
Does not advertise that sexual conduct will be provided to the patron or work for an escort bureau that so advertises; and
Does not offer to provide sexual conduct.

Effective on: 10/15/2020

Escort Bureau, Service Oriented

Escort Bureau, Service Oriented means an escort bureau that:

Maintains an open office at an established place of business; and
Otherwise operates in full accordance with the licensing regulations in Section 111.600, et seq., of the Covington Code of Ordinances, or if this ordinance is repealed, then with the county wide licensing ordinance, Kenton County Ordinance No.451.9, establishing licensing requirements for sexually oriented businesses and service-oriented escort bureaus, as such ordinance may be amended from time to time.

Effective on: 10/15/2020

Escort, Sexually Oriented

Escort, Sexually Oriented means an escort who:

Works for (either as an agent, employee, or independent contractor), or is referred to a patron by a sexually oriented escort bureau; or
Either advertises that sexual conduct will be provided, or works for (either as an employee, agent, or independent contractor), or is referred to a patron by an escort bureau that so advertises; or
Offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee from an escort patron or a prospective escort patron.

Effective on: 10/15/2020

Escort Bureau, Sexually Oriented

Escort Bureau, Sexually Oriented means an escort bureau that operates in any of the following manners:

Engages in fraudulent, misleading, or deceptive advertising that is designed to make the prospective client believe that acts of prostitution (as defined under Kentucky law) will be provided; or,
Collects money (whether paid in advance or paid after the promised proscribed act) for the promise of acts of prostitution by its escorts; or,
Uses as escorts persons known to have violated the law regarding prostitution, and refuses to cease the use of such a person; or,
Operates an escort bureau as a “call girl” prostitution operation; or,
Advertises that sexual conduct will be provided to a patron or customer, or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron or customer; or,(f) solicits, offers to provide, or does provide acts of sexual conduct to an escort patron or customer; or,(g) employs or contracts with a sexually oriented escort, or refers or provides to a patron a sexually oriented escort.

Effective on: 10/15/2020

Greenhouse (Personal)

Greenhouse (Personal) means residential accessory structure constructed chiefly of glass or other translucent material, which is devoted to the protection or cultivation of flowers or other tender plants with no associated retail sales on-site.

Effective on: 10/15/2020

Gross Floor Area

Gross Floor Area means the sum of the total horizontal square footage of every floor of every building on a lot measured as follows:

The horizontal square footage is measured from the outside face of all exterior walls.
Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures are included as gross floor area wherever at least seven feet of clearance is provided between the finished floor and the ceiling.

Effective on: 10/15/2020

Groundcover

Groundcover means plants of species which will not generally reach a height of more than two feet, installed in such a manner as to form a continuous cover over the ground. Groundcover includes sod, ornamental or prairie grasses, shrubs, mulch, or perennial or seasonal plantings.

Effective on: 10/15/2020

Group Living

Group Living means a category of uses containing uses with residential occupancy of a dwelling by a means other than found in Household Living typically providing communal kitchen/dining facilities.

Uses in the use type include: Addiction treatment facility; Residential care facility; Nursing home; Youth shelter; and Other uses that the Administrator interprets to meet the characteristics of this use type.

Also, see definitions for Heavy Industrial, Less-Intense and Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, Less-Intense

Heavy Industrial, Less-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly, or processing of batteries, aircraft, alcoholic beverages (wholesale), asbestos and asbestos products, automobiles or trucks, boxes or crates or pallets, brick or tile or terra cotta, building materials, chalk, charcoal, chemicals, chlorine, coffins, corrugated metal, cotton oil, gas, gelatin, glass, graphite, hemp, lacquer, linoleum, machinery, manufactured or mobile homes, metal, motors or engines, paraffin, plastic, porcelain, recreational vehicles, railroad vehicles and equipment, tires, trailers, and wax;
Bulk storage of explosive or hazardous materials;
Concrete batching and asphalt processing and manufacture;
Feed milling;
Grain elevator;
Railroad yard or repair shop;
Sawmill;
Wool scouring and pulling; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, More-Intense

Heavy Industrial, More-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly or processing of acid, acetylene, gas, ammonia, asphalt, bones, celluloid, cement, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, glue, grease, gunpowder, gypsum, insecticide, lard, lime, paint, petroleum, plaster of Paris, poison, rubber, salt, shellac, tallow, tar, turpentine, varnish, vinegar, or yeast;
Arsenal;
Fertilizer Storage;
Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental);
Slaughtering, packaging or processing of animals;
Smelter;
Uses declared a nuisance in court; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, Less-Intense.

Effective on: 10/15/2020

Highest Adjacent Grade

Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Effective on: 10/15/2020

Historic Structure

Historic Structure means any structure that is:

By an approved state program as determined by the Secretary of the Interior, or
Directly by the Secretary of the Interior in states without approved programs.
ICC coverage is available on residential and non-residential buildings (this category includes public or government buildings, such as schools, libraries, and municipal buildings) insured under the NFIP.

Effective on: 10/15/2020

Home Occupation

Home Occupation means an accessory use of a dwelling unit, by occupants of the subject dwelling unit, for nonresidential purposes.

Effective on: 10/15/2020

Hospice Center

Hospice Center means a licensed facility providing palliative and supportive medical and health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a home‐like setting.

Effective on: 10/15/2020

Hospital

Hospital means a facility in which patients or injured persons are given medical, surgical and/or psychiatric care on an inpatient or outpatient basis, or an institution for the care of contagious or incurable diseases.

Effective on: 10/15/2020

Hotel or Motel

Hotel or Motel means a building in which lodging is provided in units to the public for compensation in five or more rooms and which is open to transients.

This definition excludes establishments that meet the definition of Bed and Breakfast Inn.

Effective on: 10/15/2020

Household Living

Household Living means a category of uses containing residential occupancy of a dwelling unit by a household on a month-to-month or longer basis in structures with self-contained dwelling units including kitchens.

Uses in this use type include: Apartments; Lot line dwellings; Qualified manufactured homes; Short-term rental; Single-family attached dwellings; Single-family detached dwellings; Sober living; Townhouses; Triplexes/Quadplexes; Two-family dwellings; Upper-story residential dwellings; and Other uses that the Administrator interprets to meet the characteristics of this use type.

Light Industrial means a category of commercial uses containing uses engaged in the manufacturing, assembly or processing of industrial, business or consumer goods; usually from basic finished inputs such as metal, stone, glass, plastic, or rubber. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.

Uses in this use type include:

Manufacture or assembly of appliances, artificial limbs, awnings, beds, blinds, boats, books, brooms, carpet, clothing or textiles or canvas, cosmetics, equipment, electrical items, felt, hardware, ice, jewelry, medical instruments or supplies, mirrors, musical instruments, perfume, pharmaceuticals, shoes, shutters or shades, signs, toys, or vehicles.

Additional uses include: Bakery (wholesale); Bottling or canning; Brewery; Building or development contractors specializing in building, excavating, heating, plumbing, landscaping or electrical and others who perform services off-site, but store equipment and materials on-site; Clothing or textile manufacturing; Creamery; Crematorium; Engraver; Food processing; Janitorial and building maintenance service, exterminator, maintenance yard or facility; Laundry, dry-cleaning, and carpet cleaning plants; Metal plating; Metal shop; Micro-manufacturing; Printing, publishing, and lithography; Repair of scientific or professional instruments or electric motors; Research, testing, and development laboratory; Smoking or processing of meat products (wholesale); Stone cutting; Welding, tool repair or machine shop; Woodworking, including cabinet makers and furniture manufacturing; and Other uses that the Administrator interprets to be functionally similar to a use in this use category.

Typical accessory uses include: Associated office and storage; Associated retail sales related to the primary use; Associated showroom; Day care for children of employees; Minor utilities; Fleet maintenance; Food preparation and dining facility; Fueling facility; Medical clinic for employees; Meeting space; Recreation facility; Single attached residential unit for caretaker; and Wholesale and/or retail sales.

Effective on: 10/15/2020

Limited Storage

Limited Storage means an area used for storage and intended to be limited to incidental items which can withstand exposure to the elements and have low flood damage potential. Such an area shall be of flood resistant material, void of utilities except for essential lighting, and cannot be temperature controlled.

Effective on: 10/15/2020

Limits of Construction

Limits of Construction means a delineated area within a site that is to be disturbed or otherwise affected by activities related to the construction of a development.

Effective on: 10/15/2020

Lot Coverage

Lot Coverage means the total area of any lot or parcel occupied by all of the following:

The footprint of the principal building (but excluding the surface area of any green roof)
The footprints of all accessory buildings, parking garages, carports, utility and storage sheds (but excluding the surface area of any green roof);
All areas covered with materials impervious to water including, but not limited to, vehicle use areas (but not including parking areas and driveways with pervious or semi-pervious paving materials); and
All areas occupied by above ground swimming pools (but not in-ground pools).

Was manufactured on or after July 15, 2002;
Is affixed to a permanent foundation and is connected to the appropriate facilities and is installed in compliance with KRS 227.570;
Has a width of at least 20 feet or is at least 2 stories in height and oriented on the lot or parcel so that its main entrance door faces the street;
Has at least 900 square feet of total living area;
Is not located in a manufactured housing land-lease community; and
Complies with the relevant requirements of this NDC.

More than forty percent (40%) of the gross public floor area is devoted to sexually oriented media; or
More than forty percent (40%) of the stock in trade consists of sexually oriented media; or
It advertises or holds itself out in any forum as a “XXX,” “adult” or “sex” business, or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater, or sexually oriented cabaret.

Effective on: 10/15/2020

Medical Facilities

Medical Facilities means a category of uses containing public and civic uses providing medical or surgical care to patients. Some uses may offer overnight care.

Examples of primary uses in this category include:

Acupuncture clinic; Blood or plasma center; Chiropractor; Drug, alcohol or psychiatric treatment center, out-patient; Hospice center; Hospital; Medical or dental office or laboratory; and Other uses that the Administrator interprets to meet the characteristics of this use type.

Typical accessory uses include: Associated helicopter landing facility; Associated office and storage; Associated retail sales area related to the primary use; Classrooms; Day care for children of employees or patients; Dormitory; Fleet maintenance; Food preparation and dining facility; Minor utilities; Place of worship; Pharmacy; and Recreation facility.

Mobile Home means a structure manufactured prior to June 15, 1976, that was not required to be constructed in accordance with the National Manufactured Housing Construction in Safety Standards Act, that is transportable in one or more sections that is 8 feet or more in width and 40 feet or more in length in the traveling mode, or when erected on site, 400 or more square feet in floor area, and is built on a permanent chassis and designed to be used as a dwelling on a temporary or permanent foundation, when connected with the permanent required utilities, including plumbing, heating, air conditioning, and electrical systems.

Effective on: 10/15/2020

Mobile Home Park

Mobile Home Park means any lot, parcel, or premises, subdivided, designed, maintained, intended, or used to accommodate 10 or more mobile homes, and meets the requirements as specified in this NDC. For the purpose of this NDC, any lot or premises used for the wholesale or retail sale of the mobile homes will not be included in this definition. Double width mobile structures that are fabricated on individual chassis with wheels and are designed to be joined will be considered a mobile home for purposes of this NDC.

Effective on: 10/15/2020

Model Home / On-Site Residential Sales Office

Model Home / On-Site Residential Sales Office means a permanent, site-built dwelling used as a demonstration home and/or a sales office for the construction of homes in a subdivision in which similar homes are being constructed.

Effective on: 10/15/2020

Modeling Studio, Sexually Oriented

Modeling Studio, Sexually Oriented means an establishment or business that provides the services of live models modeling lingerie, bathing suits, or similar wear to individuals, couples, or small groups in a space smaller than 600 feet.

Effective on: 10/15/2020

More-Intense Heavy Industrial

More-Intense Heavy Industrial means a subset of uses in the Heavy Industrial category of uses including, but not limited to: Manufacture, assembly or processing of acid, acetylene, gas, ammonia, asphalt, bones, celluloid, cement, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, glue, grease, gunpowder, gypsum, insecticide, lard, lime, paint, petroleum, plaster of Paris, poison, rubber, salt, shellac, tallow, tar, turpentine, varnish, vinegar, or yeast; Arsenal; Fertilizer storage; Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental); Slaughtering, packaging or processing of animals; Smelter; Wrecking yard; Uses declared a nuisance in court; and Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Effective on: 10/15/2020

Motel, Sexually Oriented

Motel, Sexually Oriented means a hotel, motel, or similar commercial establishment that meets any of the following criteria:

Offers accommodations to the public for any form of consideration and provides patrons with sexually oriented entertainment or transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterizedby the depiction or description of “specified sexual activities” or “specified anatomical areas;”
Marketed as or offered as “adult,” “XXX,” “couples,” or “sexually oriented.”

Uses in this use type include offices or agencies for services such as: accounting, advertising, architecture, bill collection, charitable organization, consulting, counseling, currency exchange (check cashing), data processing, design, engineering, investment or brokerage, law, real estate or insurance, sales, payday loans, temporary employment, or travel. Additional uses include: Bank or credit union; TV or radio studio; and other uses that the Administrator interprets to meet the characteristics of this use type.

Typical accessory uses include: Associated storage; Day care for children of employees; Medical clinic for employees; Minor utilities; Food preparation and dining facility for employees; Recreation facility for employees; and Private telecommunication or transmission tower.

Effective on: 10/15/2020

O

One Hundred Year Flood (100 -Year Flood) (see Base Flood) means the flood that has a one percent or greater chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to inundation by the 100-year flood. Over the life of a 30-year loan, there is a 26-percent chance of experiencing such a flood with the SFHA.

Effective on: 10/15/2020

Optician or Optometrist

Optician or Optometrist means an establishment that makes, fits, and sells eye glasses or contact lenses or provides primary eye and vision care, performs eye examinations to detect vision problems, and prescribes corrective lenses to correct those problems.

Effective on: 10/15/2020

Ordinary Maintenance and Repair

Ordinary Maintenance and Repair means

Repainting a building the same color;
Replacement of window glass (but not the style or type of windows);
Caulking and weather-stripping;
Installation of minor landscaping, including the planting vegetable and flower gardens, shrubs, and trees, except when part of overall landscaping or replanting of yard space;
Pruning trees and shrubbery and removal of trees less than 6 inches in diameter;
Repairs to walks, patios, fences, and driveways, provided that replacement materials match the original or existing materials in detail and color;
Replacement of small amounts of missing or deteriorated original or existing siding, trim, roof coverings, porch flooring, steps, and the like, as long as replacement materials match the original or existing materials in detail and color;
Replacement of gutters and downspouts as long as the color and shape matches the original;
Erection of temporary signs such as real estate and political signs;
Installation of house numbers and mailboxes that are compatible with the original in style, size and material; and
Repair of existing street or yard lighting.

Uses in this use type include: Parking lot or structure (commercial); Parking lot or structure (off-site); Truck, Tractor, Trailer, or Bus Storage, Parking Yard, Lot, or Garage; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Pool Hall means a facility wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables.

Effective on: 10/15/2020

Portable-On-Demand (POD) Storage Unit or Container

Portable-On-Demand (POD) Storage Unit or Container means a container that may be used to transport goods, but may then also be stationary on a single site for a period of time before or after transport. The term includes, but is not limited to a:

Truck container, with or without the chassis attached to it;
Moving van;
Portable moving container (POD);
Pre-assembled storage structure; or
Shipping container.

Effective on: 10/15/2020

Recycling Facility

Recycling Facility means any building or portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused, or reconstituted products. There are three classes of recycling facilities, as follows:

Recycling Facility, Class I: A recycling facility where recyclable materials are temporarily stored or collected or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans, and glass items are considered an accessory use and may be allowed in any zone.)
Recycling Facility, Class II: A recycling facility that in addition to any activity permitted in a Class I Recycling Facility, engages in processing of recyclable materials such as cleaning, bundling, compacting, or packing of recyclable materials.
Recycling Facility, Class III: A recycling facility that, in addition to any activity permitted in a Class II Recycling Facility, performs composting.

Repair-oriented examples:

Store offering repair of retail consumer goods excluding those repair services listed in the Vehicle Sales and Service use type, and including, but not limited to: appliances, bicycles, clocks, electronics, furniture, jewelry, locks and keys, musical instruments, office equipment, shoes, and watches.

This definition also includes other uses that the Administrator interprets to be functionally similar to a use in this use type.

Effective on: 10/15/2020

Sex Shop

Sex Shop means an establishment offering goods for sale or rent and that meets any of the following tests:

It offers for sale items from any two of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; sexually oriented novelties; and the combination of such items constitute more than 10 percent of its stock in trade or occupies more than 10 percent of its floor area;
More than five percent of its stock in trade consists of sexually-oriented toys or novelties; or
More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Effective on: 10/15/2020

Sexually Oriented Business

Sexually Oriented Business means a category of commercial uses containing establishments for sexual entertainment.

Uses in this use type include: sexually oriented cabaret or theater; sexually oriented entertainment; sexually oriented motion picture theater; sexually oriented motion picture arcade; sexually oriented encounter center; sexually oriented media store; sexually oriented escort bureau; massage parlor; sex shop; sexually oriented modeling studio; or any other such business establishment whose primary purpose is to offer sexually oriented entertainment or materials.

Typical accessory uses include: Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining facility; and Minor utilities.

Effective on: 10/6/2021

Sexually Oriented Business License

Sexually Oriented Business License means any license applied for under the countywide licensing ordinance, Kenton County Ordinance No.451.9 as amended, establishing licensing requirements for sexually oriented businesses and service oriented escort bureaus, adopted in 2004.

Effective on: 10/15/2020

Sexually Oriented Toys or Novelties

Sexually Oriented Toys or Novelties means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.

Effective on: 10/15/2020

Shipping Container

Shipping Container means an article of transport equipment that is:

Of a permanent character and suitable for repeated use;
Specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;
Designed to be secured and readily handled, having corner fittings for these purposes; and
Of a size that the area enclosed by the four outer bottom corners is at least 150 square feet.

Social Service means a category of uses containing uses that primarily provide treatment of those with psychiatric, alcohol, or drug problems; transient housing related to social service programs; and housing for individuals legally confined.

Uses in this use type include: Correctional facility; Domestic abuse or transient shelter; Drug, alcohol, or psychiatric treatment center, in-patient; Group home for the physically disabled, mentally disabled, or emotionally disturbed that are not considered single-family residences (7 or more residents); Halfway house; Soup kitchen; Transient lodging or shelter for the homeless; Sober living home; Sober living facility; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

This use category does not include Nursing Home or Residential Care Facility.

Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, taking place during a one-year period in which the cumulative percentage of improvements equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions, or
Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”

This use category includes Mobile Food Vending Service, Mobile Retail Vending Service, and Temporary Vendor.

Effective on: 10/15/2020

Temporary Vendor

Temporary Vendor means a use in which a person or persons operates or sells goods or services for a limited duration of time and is not considered Mobile Retail Vending Service and Mobile Food Vending Service.

Effective on: 10/15/2020

Tennis or Racquetball Facility

Tennis or Racquetball Facility means an indoor establishment where the general public may come to play tennis, racquetball, and similar sports.

Effective on: 10/15/2020

Thoroughfare, Principal

Thoroughfare, Principal means the street that is clearly associated with the front facade of a principal building along a block face. Where a corner lot abuts more than two thoroughfares, the Administrator may determine that all thoroughfares, except for one, are principal thoroughfares, if they make a written finding that such determination is in the interest of protecting the quality of the public realm. If the position of the principal thoroughfare in relation to a corner lot is unclear, the Administrator may make a determination on this matter, taking into account the following factors:

Orientation of Principal Buildings at Intersection. Where principal buildings at the intersection are oriented toward one of the thoroughfares, this thoroughfare shall generally be considered the principal thoroughfare.
Lot Width. Among the lot frontages that abut a street, the street with the narrowest lot widths shall generally be considered the principal thoroughfare.
Width of Street. The widest street, or the street with the widest pedestrian way, shall generally be considered the principal thoroughfare.
Pedestrian counts. The street with the highest weekday, peak-hour pedestrian counts shall generally be considered the principal thoroughfare.

Effective on: 10/15/2020

Thoroughfare, Secondary

Thoroughfare, Secondary means a street that is not a principal thoroughfare, does not meet the definition of an alley, and is clearly associated with the corner side facades of buildings.

Effective on: 10/15/2020

Tiny House

Tiny House means a single-family dwelling with 600 square feet or less of floor area that is built on a permanent foundation. A tiny house on wheels or other non-permanent foundation is classified as a Recreational Vehicle.

Effective on: 10/15/2020

Tiny House Neighborhood

Tiny House Neighborhood means a land development project comprehensively planned as an entity via a unified site plan which permits flexibility in building siting, land uses, usable open spaces, and the preservation of significant natural features.

Minor Utilities consist of public or private infrastructure serving a limited area with no on-site personnel and include:

Collocated telecommunication antenna; Public or municipally-owned utilities; Solar panel array (small scale); Stormwater retention or detention facility; Telephone exchange; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Typical accessory uses include: Associated office and storage; Fleet maintenance; Minor utilities; and Storage structures.

Effective on: 10/15/2020

Variance

Variance means a departure from dimensional terms of this NDC pertaining to the height, width, length, or location of structures, and the size of yards and open spaces where such departure meets the requirements of KRS 100.241 to 100.247.

Effective on: 10/6/2021

Vehicle Accessories and Parts Sales

Vehicle Accessories and Parts Sales means retail sales of automobile and motorcycle related parts and accessories without installation on-site.

Effective on: 10/15/2020

Vehicle Repair, Major

Vehicle Repair, Major means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Effective on: 10/15/2020

Vehicle Sales and Service

Vehicle Sales and Service means a category of commercial uses containing establishments related to direct sales of and service to passenger vehicles, light, medium, and heavy trucks and equipment, and other motor vehicles such as motorcycles, boats, and recreational vehicles.

Uses in this use type include: Car wash; Fuel sales (retail); Rental or sales of manufactured homes, mobile homes, portable buildings, or trailers; Truck stop; Vehicle repair; Vehicle service; Vehicle sales, rental, and leasing (including passenger vehicles, motorcycles, trucks, boats and recreational vehicles); and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Veterinary Hospital

Veterinary Hospital means an animal hospital or clinic that provides medical care for large or livestock animals, including, but not limited to: horses, cows, bison, deer, llamas, alpacas, sheep, goats, chickens, turkeys, ducks, and pigs.

This definition does not include the veterinary clinic use.

09 Definitions and Calculations

Division 27 Definitions and Construction of Language

Sec. 09.27.1 General

Numbering Style.

The provisions of this NDC are organized into the following hierarchical structure:
1. Articles;
2. Divisions;
3. Sections;
4. Subsections;
5. Paragraphs; and
6. Subparagraphs.
The word “Article” precedes all Article numbers and the word "Division" precedes all Division numbers.
The word “Section” precedes all Section numbers. The first numerals in a section number, before the first period, identify the article in which the Section is located. The second two numerals, following the Article number and first period, identify the section number. Thus, “Section 09.27.1,” indicates the first Section of Article 158.09, Division 27.
Subsections are identified by capital letters.
Arabic numerals are used to identify Paragraphs.
Lower case letters identify sub-subparagraphs.

Meanings and Intent. The language of this NDC shall be read literally. Regulations are no more or less strict than stated.

Tenses and Usage.

1. Words used in the singular include the plural. The reverse is also true.
2. Words used in the present tense include the future tense. The reverse is also true.
3. The words “must,” “will,” “shall” and “may not” are mandatory.
4. The word “may” is permissive.
5. The word “should” is advisory, not mandatory or required.
6. When used with numbers, “up to X,” “not more than X” and “a maximum of X” all include “X.”

Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
1. “And” indicates that all connected items or provisions apply; and
2. “Or” indicates that the connected items or provisions may apply singularly or in combination.
Fractions.
1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more will be rounded up to the next consecutive whole number, unless otherwise expressly indicated. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.
2. Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number unless otherwise expressly indicated. For example, if a maximum limit of one dwelling unit for every 1,000 square feet is applied to a 3,750 square foot lot, the resulting fraction of 3.75 is rounded down to 3 (dwelling units).
References to Other Regulations. All references in this NDC to other city, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply that the City is or will be responsible for enforcing county, state, or federal regulations.
Current Versions and Citations. All references to documents or to other city, county, state, or federal regulations shall be interpreted as references to the most current version of such documents or regulations, unless otherwise expressly indicated. If referenced regulations have been repealed and not replaced by other regulations, requirements in this NDC for compliance are no longer in effect.
Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
Delegation of Authority. Whenever a provision appears requiring an officer, employee, board, or commission to perform an act or duty, that provision is construed as authorizing the referenced officer, employee, board, or commission to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this NDC expressly prohibit such a delegation or when such delegation is prohibited by law.
Public Officials and Agencies. All employees, public officials, bodies, and agencies to which references are made are those of the City of Covington or Kenton County, unless otherwise expressly stated.
Use-Specific Standards. Where referenced in Table 03.06.3, Permitted Uses by District, or stipulated in Division 07, Use-Specific Standards, definitions of uses shall be interpreted to include applicable use-specific standards.
Collective References. References by group titles of uses or character districts shall be construed to reference each individual included use or character districts, as appropriate, unless the context clearly indicates otherwise or unless expressly indicated otherwise. The following is a non-exhaustive list of examples:
1. References to "residential character districts" or "residential districts" shall generally refer collectively to the Rural Residential (RR), Suburban Residential (SR), and Semi-Urban Residential (SU) character districts.
2. References to "mixed-use character districts" or "mixed-use districts" shall generally refer collectively to the Commercial Mixed-Use (CMU), Central Riverfront Mixed-Use (CRM), Downtown Core (DTC), Downtown Riverfront (DTR), Traditional Urban Mixed-Use (TUMU), and Traditional Urban Residential (TUR) character districts.
3. References to "residential uses" shall generally refer collectively to all of the uses included in the definitions for the Household Living use category and the Group Living use category.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.27.2 Acronyms and Abbreviations

ADA = Americans with Disabilities Act

ADU = Accessory Dwelling Unit

AUC = Auto Urban Commercial

BFE = Base Flood Elevation

BOARD = Board of Architectural Review and Development

C = Conditional Use Permit

CC = City Commission

CMU = Commercial Mixed Use

CRM = Central Riverfront Mixed-Use

CUP = Conditional Use Permit

DTC = Downtown Core

DTR = Downtown Riverfront

FEMA = Federal Emergency Management Agency

FHBM = Flood Hazard Boundary Map

FIRM = Flood Insurance Rate Map

FIS = Flood Insurance Study

Ft = Feet

GI = General Industrial

GFA = Gross Floor Area

HVAC = Heating, Ventilation, and Air Conditioning

HP = Historic Preservation

HPO = Historic Preservation Overlay

HS = Hillside Protection

ITE = Institute of Traffic Engineers

KCPC = Kenton County Planning Commission

KRS = Kentucky Revised Standards

L = Permitted subject to limitations

LI = Light Industrial

LOMA = Letter of Map Amendment

Max = Maximum

Min = Minimum

NDC = Neighborhood Development Code

NFIP = National Flood Insurance Program

P = Permitted by Right

PC = Planning Commission

REC = Recreation

RP = Resource Protection

RR = Rural Residential

Sec = Section

SHFA = Special Flood Hazard Area

SI = Suburban Industrial

SO = Suburban Office

Sq Ft = Square Feet

SR = Suburban Residential

SU = Semi-Urban

Subsec = Subsection

TUMU = Traditional Urban Mixed Use

TUR = Traditional Urban Residential

Effective on: 10/15/2020

Sec. 09.28.1 Buildings, Walls, and Fences

The average height level between eaves and ridge for gable, hip, and gambrel roofs.
The highest point of the roof surface for a flat roof; and
The deck line of a mansard roof.

Figure 09.28.1-1, Building Height

Fence and Wall Height. As illustrated in Figure 09.28.1-2, Fence and Wall Height, the height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet of either side of such walls or fences to the top of the wall or fence. A fence height does not include the height of a retaining wall on which it is constructed.

Figure 09.28.1-2, Fence and Wall Height

Floor Area Ratio. As illustrated in Figure 09.28.1-3, Floor Area Ratio, the floor area ratio is the gross floor area of all buildings on a lot, divided by the lot area.

Figure 09.28.1-3, Floor Area Ratio

Gross Floor Area. As illustrated in Figure 09.28.1-4, Gross Floor Area, below, means the sum of the total horizontal square footage of every floor of every building on a lot measured as follows:
1. The horizontal square footage is measured from the outside face of all exterior walls.
2. Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures are included as gross floor area wherever at least seven feet of clearance is provided between the finished floor and the ceiling.

Figure 09.28.1-4, Gross Floor Area

Building Width/Street Frontage. As illustrated in Figure 09.28.1-5, Building Width (Street Frontage) Calculation, below, building width means the widest measurement of the building ("B" in the diagram below) that is within the minimum and maximum front or side street setbacks ("A" in the diagram below), as measured parallel to the specified lot line, represented as a percentage of the total width of the parallel lot line.

Figure 09.28.1-5, Building Width (Street Frontage) Calculation

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.2 Identifying the Context and Calculating Context Average

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Calculating Context Average. Where (1) a context type is unclear, or where (2) a dimension of a development within a context is an outlier (skewing the average measurement by being greater than 1.5 times the median measurement), the Administrator may determine the type and extent of the context and exclude outliers based on, as applicable:
1. The size of a block or block face (to avoid including the extents of an atypically large block - particularly where such portions are out of view of a given project site); and, or
2. The proportion of a particular measurement as a ratio of a total measurement, such as (1) a ratio of total lot width or (2) a ratio of total lot depth; and, or
3. The prevailing orientation of lots or developments within a block or block face; and, or
4. The prevailing type of development within a block or block face (to avoid incorporating lots that were developed in a demonstrably different manner - such as a strip mall with a parking frontage in the same block as small-scale dwellings built close to the street).
Context Types based on Lot Type
1. Alley Lot. If the given project site is an alley lot, then the context shall be defined as other adjacent alley lots and the surrounding lots within the encapsulating block which includes the given project site.
2. Corner Lot. If the given project site is a corner lot that is included in two different block faces, then the context shall be defined as both block faces.
3. Interior/Mid-block Lot. If the given project site is an interior lot within a block face, then the context shall be defined as the block face which includes the given project site.
4. Lots in Unimproved Block Face. If the given project site is within a block face that does not include other lots improved with buildings, then the context shall be defined as the opposing block face (being immediately opposite the same street as the project site) and the remaining block which includes the given project site.
5. Lots in Unimproved Block. If the given project site is within a block that does not include other lots improved with buildings, and the block face opposite the given project site does not include other lots improved with buildings, then the context shall be expanded to include the block faces surrounding the block which includes the given project site.

Figure 09.28.2, Context Illustrations
Alley Lot	Corner Lot

Interior/Mid-Block Lot	Lots in Unimproved Block Face

Lots in Unimproved Block

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.3 Setbacks and Yard Types

Interior Side Setback Calculation. Interior side setbacks are calculated by averaging the smallest interior setbacks provided on each lot in a given context that is similarly developed.
Accessory Structure Setback. The calculation for the minimum setback(s) for an accessory structure shall be based on other accessory structures within the project's context.

Yard Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Vacant Properties. Refer to Sec. 09.28.2, Identifying the Context, for determining the setbacks or yards that apply to vacant properties.

Figure 09.28.3, Setbacks and Yards

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.4 Lots and Lot Lines

Generally. Figure 09.28.4-1, Lot Types, Figure 09.28.4-2, Corner Lot on Curved Street, and Figure 09.28.4-3, Lot Coverage Sample Calculation, are illustrative of the following terms.

Measurements.

Lot Area. Lot area includes the total land area contained in the property lines of a lot.
Lot Width. The distance between side property lines at the point of the required front setback/build-to.

Lot Types. The following lot types are depicted in Figure 09.28.4-1, Lot Types.

Alley Lot. A lot abutting an alley right-of-way and that does not abut any other street at any point.
Corner Lot. A lot abutting two streets at their intersection. A street that curves at an angle of less than 135 degrees, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot, as depicted in Figure 09.28.4-2, Corner Lot on Curved Street.
Double-frontage Lot. An interior lot that fronts on two streets that do not intersect at the boundaries of such a lot. Also called a “through lot.”
Flag Lot. A lot that is characterized by a strip of land, not less than 30 feet in width, that provides access to the main portion of the lot. The main portion is the “flag”. The strip of land providing access/frontage is the “pole” of the flag lot.
Interior Lot. A lot whose side lot lines abut alley rights-of-way or other lots instead of non-alley public or private rights-of-way.
Triple- / Multi-frontage Lot. A lot abutting more than two non-alley street rights-of-way.

Lot Line Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Figure 09.28.4-1, Lot Types

Figure 09.28.4-2, Corner Lot on Curved Street

Figure 09.28.4-3, Lot Coverage Sample Calculation

Effective on: 10/15/2020

Sec. 09.28.5 Sight Triangle

Generally. A sight triangle is the triangular area bounded as follows, and as illustrated in Figure 09.28.5, Sight Triangle:

Horizontal Dimensions.

1.
Streets and Alleys. A triangular area measured at a point beginning at the intersection of the two outer edges of paved vehicular roadways (including alleys), extending per the specified distances below, and with a line connecting the end points of those two lines:
1. a.
  30 feet along non-alley roadway edges for residential character districts;
2. b.
  15 feet along non-alley roadway edges for nonresidential or mixed-use character districts; and/or
3. c.
  10 feet along alley roadway or private drive edges where intersecting with a sidewalk or street.
2.
Streets and Railroads. A triangular area measured at a point beginning at the intersection of the outer edge of a paved vehicular roadway and the edge of a railroad a distance of 30 feet along the roadway and the railroad, with a line connecting the ends of those two points.

Vertical Dimensions. The vertical dimensions of this triangle are two and one-half feet to nine feet above finished grade.

Figure 09.28.5, Sight Triangle

Effective on: 10/15/2020

Sec. 09.28.6 Neighborhood Open Space

Figure 09.28.6-1, Neighborhood Open Space

Effective on: 10/15/2020

Sec. 09.28.8 Distance Between Uses and Buildings

Effective on: 10/15/2020

A99 Zone

Effective on: 10/15/2020

A

AE Zones means Special Flood Hazard Areas inundated by the one percent annual chance flood (100-year flood). Base flood elevations (BFEs) are determined.

Effective on: 10/15/2020

A

AH Zone means an area of 100-year shallow flooding where depths are between one and three feet (usually shallow ponding). Base flood elevations are determined.

Effective on: 10/15/2020

A

AO Zone means an area of 100-year shallow flooding where water depth is between one and three feet (usually sheet flow on sloping terrain). Flood depths are determined.

Administrative Adjustments means minor specified deviations from otherwise applicable quantitative standards.

Effective on: 10/15/2020

Adult Day Care

Adult Day Care means a facility that provides care for the elderly and / or functionally impaired adults in a protective setting for a portion of a 24-hour day.

Effective on: 10/15/2020

Agricultural Sales

Agricultural Sales means an establishment engaged in the retail or wholesale sale from the premises of feed, grain, fertilizers, pesticides and similar goods.

Effective on: 10/15/2020

Agricultural Support Services

Agricultural Support Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal veterinarians.

Effective on: 10/15/2020

Agriculture and Animal Services

Agriculture and Animal Services means, per KRS 100.111, a category of uses containing the use of:

A tract of at least five contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public;
Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155;
A tract of at least five contiguous acres used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations; or
A tract of land used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.a use type containing uses primarily related to the raising of animals and crops and the secondary enterprises associated with agricultural production.

Effective on: 10/15/2020

Airport or Heliport

Effective on: 10/15/2020

Alley

Alley means a public or private way, other than a street, that is open to common use and affords a secondary means of vehicular access to the rear of the adjacent property.

Effective on: 10/15/2020

Amphitheater

Amphitheater means a semi-enclosed structure designed for the enactment of the performing arts or other entertainment uses that include entertainment related facilities and uses.

Archery / Firearms Range

Archery / Firearms Range means the use of land for archery or the discharging of firearms for the purposes of target practice, skeet and trap shooting, or temporary competitions.

Effective on: 10/15/2020

A

Effective on: 10/15/2020

Arsenal

Arsenal means a place where weapons and military equipment are stored or made.

Effective on: 10/15/2020

Assisted Living Facility

Effective on: 10/15/2020

Auction

Effective on: 10/15/2020

Axe Throwing Lounge

Effective on: 10/15/2020

A Zone

A Zone means Special Flood Hazard Areas inundated by the one percent annual chance flood (100-year flood). Base flood elevations (BFEs) are not determined.

Effective on: 10/15/2020

Bank or Credit Union

Bank or Credit Union means an establishment that is engaged in the business as a bank or credit union and is federally chartered or state chartered.

Bed and Breakfast Inn means a private inn or other unique residential facility meeting the requirements of KRS 219.011:

Having six or more guest rooms or suites for occupancy; and
In which breakfast and other meals may be served to the guests; and
Whose innkeeper resides on the premises or property adjacent to the premises during periods of occupancy; and
Does not otherwise meet the definition of a short-term rental.

Effective on: 10/15/2020

Bicycle Parking, Long-Term

Effective on: 10/15/2020

Bicycle Parking, Short-Term

Bicycle Parking, Short-Term means space for temporary parking of bicycles for visitors and customers. Such spaces may be public or private and typically consist of outdoor bicycle racks.

Effective on: 10/15/2020

Bingo Hall

Bingo Hall means a facility used exclusively or primarily for conducting bingo and other similar games that are open to the public.

Effective on: 10/15/2020

B

Effective on: 10/6/2021

Block

Block means the smallest geographic group of lots, alleys, easements, and other facilities bounded by:

Rights-of-way of any classification, not including alleys, in the Kenton County Comprehensive Plan; and/or
Water bodies.

Block Illustration

Effective on: 10/15/2020

Block Face

Block Face Illustration

Effective on: 10/15/2020

Blood or Plasma Center

Blood or Plasma Center means a facility for the donation or sale by individual donors of blood, blood plasma, and other blood products.

Effective on: 10/15/2020

Boarding House

Effective on: 10/15/2020

Board of Adjustment

Board of Adjustment means The Board of Adjustment of the City Commission. See section Sec. 06.19.3, Board of Adjustment (City) for powers and duties.

Effective on: 10/15/2020

Board of Architectural Review and Development (BOARD)

Effective on: 10/15/2020

Boat or Recreational Vehicle Outdoor Storage

Effective on: 10/15/2020

Body Art Service

Effective on: 10/15/2020

Botanical Garden

Botanical Garden means an establishment having documented collections of living plants for the purposes of scientific research, conservation, display, or education.

Effective on: 10/15/2020

Bowling Center

Bowling Center means an establishment containing long narrow tracks used in bowling and similar games.

Effective on: 10/15/2020

Brewpub

Effective on: 10/15/2020

B

Bufferyard means a portion of a site with landscape plantings, fences, and/or other components used to mitigate conflicts between incompatible uses.

Bulk Storage of Explosive or Hazardous Materials means a use engaged in storage or a manufacturing process that utilizes flammable, explosive, or hazardous materials.

Effective on: 10/15/2020

Bus or Train Passenger Terminal

Effective on: 10/15/2020

Cabaret or Theater, Sexually Oriented

Effective on: 10/15/2020

Campground

Effective on: 10/15/2020

C

Candy Shop or Ice Cream Shop means an establishment that serves desserts, including, but not limited to candy, ice cream, yogurt, or cookies.

Effective on: 10/6/2021

Car Wash

Car Wash means a facility for the washing or cleaning of vehicles. A car wash may be:

a single unit type with a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
an automated single unit type that has a single bay to accommodate one vehicle at a time; or
a tunnel unit type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

Effective on: 10/15/2020

Caretaker's Quarters

Caretaker's Quarters means a permanent accessory dwelling for purposes of housing a caretaker associated with a use in an industrial use type.

Effective on: 10/15/2020

Carport

Carport means a covered structure that provides protection to motor vehicles from the elements.

Effective on: 10/15/2020

Carriage House

This building type is commonly associated with the Accessory Dwelling Unit use type.

Effective on: 10/15/2020

Catering Establishment

Effective on: 10/15/2020

Cemetery, Columbarium, Mausoleum, or Memorial Park

Effective on: 10/15/2020

Character District

Character District means a designation shown on the Character District Map, in which a specific set of use, dimensional, and design standards apply.

Effective on: 10/15/2020

Chief Building Inspector

Chief Building Inspector means the official or officials appointed to administer and enforce the state building codes.

Effective on: 10/15/2020

Chiropractor

Effective on: 10/15/2020

City Commission

City Commission means the duly elected legislative body of the City of Covington, including the Mayor and the other members of the Covington Board of City Commissioners.

Effective on: 10/15/2020

Citizen Member

Citizen Member means any member of the Planning Commission or Board of Architectural Review and Development (BOARD) who is not an elected or appointed official or employee of the City Commission.

Effective on: 10/15/2020

Civic

Civic means a category of uses containing uses that provide services to the general public related to recreation, fellowship, worship, health, education, and transportation.

Effective on: 10/15/2020

Clear Cutting

Clear Cutting means the removal of more than 40 percent of unprotected trees on a site, or more than 60 percent within the limits of construction.

Effective on: 10/15/2020

Clinic

Effective on: 10/15/2020

Club or Lodge

Effective on: 10/15/2020

C

Effective on: 10/15/2020

Coffee Shop

Effective on: 10/15/2020

Concealed Lighting

Concealed Lighting means an artificial light source intended to illuminate the face of a sign, the direct source of which is shielded from public view and surrounding properties.

County Club means an area containing recreational facilities such as a golf course, swimming pool, dining room, bar, tennis court, and clubhouse that is available to members.

Effective on: 10/15/2020

Design Waiver means a request to develop or erect a housing or building type, frontage type, or civic and open space type not otherwise permitted in a character district.

Effective on: 10/15/2020

D

Effective on: 10/15/2020

Driveway

Driveway means a private accessway, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

Effective on: 10/15/2020

Drug, Alcohol, or Psychiatric Treatment Center

Effective on: 10/15/2020

Dry Cleaning or Pressing Establishment

Effective on: 10/15/2020

Duplex

Duplex means a type of building that is located on its own lot and is used by two families. See also Dwelling, Two Family.

Electrical Generation Plant

Electrical Generation Plant means a facility where electrical power is generated for distribution.

Effective on: 10/15/2020

Electrical Substation

Electrical Substation means a portion of the electricity distribution system where voltage is transformed from high voltage to low voltage or from low voltage to high voltage.

Effective on: 10/15/2020

Elevation Certificate

Effective on: 10/15/2020

Emergency Program

Effective on: 10/15/2020

Enclosure

Enclosure means that portion of a structure below the lowest floor used solely for parking of vehicles, limited storage, or access to the structure.

Effective on: 10/15/2020

Encroachment

Effective on: 10/15/2020

Encounter Center, Sexually Oriented

Effective on: 10/15/2020

Entertainer, Sexually Oriented

Effective on: 10/15/2020

Entertainment, Indoor

Entertainment, Indoor means a category of commercial uses containing, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting.

Effective on: 10/15/2020

Entertainment, Outdoor

Entertainment, Outdoor means a category of commercial uses providing daily or regularly scheduled recreation-oriented activities in an outdoor setting.

This use category does not include Swimming Pool (Public).

Farm Stand means a temporary or permanent structure used for the sale of agricultural products or commodities raised on the premises.

Effective on: 10/15/2020

Farmers Market

Effective on: 10/6/2021

Feed Milling

Feed Milling means a facility in which livestock feeds are prepared.

Effective on: 10/15/2020

FEMA Map

FEMA Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters from any source;
Mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and /or
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Floor Area Ratio means the gross floor area of a building divided by the overall floor area of the property on which such building is located.

Effective on: 10/15/2020

Food Delivery

Food Delivery means an establishment that prepares food on-site and: (1) whose employees deliver the food to customers as it is ordered; or (2) customers pick up. No dining takes place on-site.

Effective on: 10/15/2020

Food Processing, Packing, and Distribution

Effective on: 10/15/2020

Foster Child Care

Foster Child Care means care and education of not more than five children unrelated to the residents by blood or adoption.

Effective on: 10/15/2020

F

Effective on: 10/15/2020

Effective on: 10/15/2020

Golf Driving Range

Golf Driving Range means an outdoor area equipped with distance markers, clubs, balls, and tees for practicing long distance golf drives.

Halfway House means a building used as group living quarters for persons being aided in readjusting to society following a period of imprisonment, hospitalization, or institutionalized treatment.

Effective on: 10/15/2020

Hardscaping

Hardscaping means driveways, sidewalks, patios, walls (particularly retaining walls), walkways, and other permeable/non-permeable ground coverings.

Effective on: 10/15/2020

Hazard Potential

Effective on: 10/15/2020

Heavy Industrial

Typical accessory uses include:

Associated office and storage;
Associated retail sales related to the primary use;
Day care for children of employees; Fleet maintenance;
Food preparation and dining facility;
Fueling facility;
Medical clinic for employees;
Meeting space;
Minor utilities;
Recreation facility; and
Single attached caretaker's quarters.

Also, see definitions for Heavy Industrial, Less-Intense and Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, Less-Intense

Heavy Industrial, Less-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly, or processing of batteries, aircraft, alcoholic beverages (wholesale), asbestos and asbestos products, automobiles or trucks, boxes or crates or pallets, brick or tile or terra cotta, building materials, chalk, charcoal, chemicals, chlorine, coffins, corrugated metal, cotton oil, gas, gelatin, glass, graphite, hemp, lacquer, linoleum, machinery, manufactured or mobile homes, metal, motors or engines, paraffin, plastic, porcelain, recreational vehicles, railroad vehicles and equipment, tires, trailers, and wax;
Bulk storage of explosive or hazardous materials;
Concrete batching and asphalt processing and manufacture;
Feed milling;
Grain elevator;
Railroad yard or repair shop;
Sawmill;
Wool scouring and pulling; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, More-Intense

Heavy Industrial, More-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly or processing of acid, acetylene, gas, ammonia, asphalt, bones, celluloid, cement, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, glue, grease, gunpowder, gypsum, insecticide, lard, lime, paint, petroleum, plaster of Paris, poison, rubber, salt, shellac, tallow, tar, turpentine, varnish, vinegar, or yeast;
Arsenal;
Fertilizer Storage;
Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental);
Slaughtering, packaging or processing of animals;
Smelter;
Uses declared a nuisance in court; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, Less-Intense.

Effective on: 10/15/2020

Highest Adjacent Grade

Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Effective on: 10/15/2020

Historic Structure

Historic Structure means any structure that is:

Effective on: 10/15/2020

Home Occupation

Home Occupation means an accessory use of a dwelling unit, by occupants of the subject dwelling unit, for nonresidential purposes.

Infill means redevelopment of vacant lots surrounded by or in close proximity to areas that are substantially or fully developed.

Uses in this use type include:

Effective on: 10/15/2020

Limited Storage

Effective on: 10/15/2020

Limits of Construction

Limits of Construction means a delineated area within a site that is to be disturbed or otherwise affected by activities related to the construction of a development.

Effective on: 10/15/2020

Lot Coverage

Lot Coverage means the total area of any lot or parcel occupied by all of the following:

The footprint of the principal building (but excluding the surface area of any green roof)
The footprints of all accessory buildings, parking garages, carports, utility and storage sheds (but excluding the surface area of any green roof);
All areas covered with materials impervious to water including, but not limited to, vehicle use areas (but not including parking areas and driveways with pervious or semi-pervious paving materials); and
All areas occupied by above ground swimming pools (but not in-ground pools).

Effective on: 10/15/2020

Lot Line, Front

Effective on: 10/15/2020

Lot Line, Rear

Lot Line, Rear means a lot line that is opposite a front lot line and is not adjacent to a non-alley street.

Effective on: 10/15/2020

Lot Line, Side

Lot Line, Side means a line separating one lot from another lot and is not otherwise considered a rear lot line.

Effective on: 10/15/2020

Lot Line, Side Street

Lot Line, Side Street means a side lot line on a corner lot separating the lot from a street right-of-way or easement.

Effective on: 10/15/2020

Lowest Floor

Effective on: 10/15/2020

Mail-Order Business

Mail-Order Business means an establishment whose method of merchandising is through mass mailing of a circular or catalog.

This use category does not include Veterinary Clinic or Veterinary Hospital.

Mini-Warehouse

Mini-Warehouse means a structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis.

Effective on: 10/15/2020

Mitigation

Effective on: 10/15/2020

Mixed Use Building

Effective on: 10/15/2020

Mobile Food Vending Service

This definition does not include Mobile Retail Vending Service.

Effective on: 10/15/2020

Mobile Retail Vending Service

Mobile Retail Vending Service means a temporary establishment engaged in the retail sale of non-food items from a movable vehicle, portable structure, or pushcart.

This definition does not include Mobile Food Vending Service.

Movie or Other Theater

Movie or Other Theater means a facility charging admission to the general public for the privilege of observing a live, televised, or motion picture performance indoors.

Effective on: 10/15/2020

Effective on: 10/15/2020

N

Effective on: 10/15/2020

N

Nature Preserve or Trail means an outdoor facility that preserves or protects a critical environmental feature or other natural feature and that may or may not be open to the public.

Effective on: 10/15/2020

Neighborhood Amenity

Effective on: 10/15/2020

New Construction

Effective on: 10/15/2020

N

Effective on: 10/15/2020

Nonconforming Lot of Record

Nonconforming Lot of Record means a lawfully established lot, not held in common with any other lot, that does not meet the area or other dimensional standards of this NDC.

Effective on: 10/15/2020

Nonconforming Sign

Overnight Accommodations means a category of commercial uses containing uses with bedroom and bathroom units arranged for short-term stays of less than 30 days for rent or lease.

Typical accessory uses include: Associated office and storage; Meeting space; Minor utilities; Recreational facility; Restaurant; and Swimming pool (public).

This use category does not include the Short-Term Rental use.

Effective on: 10/15/2020

Package Liquor Sales

Package Liquor Sales means an establishment primarily engaged in the sale of alcoholic beverages for off-site consumption.

Effective on: 10/15/2020

P

Paintball Facility means an indoor or outdoor establishment designed for the playing of paintball or similar games.

Payday Loan Business

Effective on: 10/15/2020

PDS

PDS means the Planning and Development Services of Kenton County.

Effective on: 10/15/2020

Photocopy, Blueprint, and Quick-Sign Service

Effective on: 10/15/2020

Planned Neighborhood

Effective on: 10/15/2020

Pool Hall

Pool Hall means a facility wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables.

Effective on: 10/15/2020

Portable-On-Demand (POD) Storage Unit or Container

Truck container, with or without the chassis attached to it;
Moving van;
Portable moving container (POD);
Pre-assembled storage structure; or
Shipping container.

Program Deficiency means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management standards.

Effective on: 10/15/2020

Psychic or Medium

Effective on: 10/15/2020

Public Area

Public Area means a portion of a sexually oriented business, excluding sexually oriented motels, that is accessible to the customer, excluding restrooms, while the business is open for business.

Recycling Facility, Class I: A recycling facility where recyclable materials are temporarily stored or collected or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans, and glass items are considered an accessory use and may be allowed in any zone.)
Recycling Facility, Class II: A recycling facility that in addition to any activity permitted in a Class I Recycling Facility, engages in processing of recyclable materials such as cleaning, bundling, compacting, or packing of recyclable materials.
Recycling Facility, Class III: A recycling facility that, in addition to any activity permitted in a Class II Recycling Facility, performs composting.

Effective on: 10/15/2020

Regular Program

Effective on: 10/6/2021

Regulatory Floodway

Effective on: 10/15/2020

R

Effective on: 10/15/2020

Repair

Repair means the reconstruction or renewal of any part of an existing structure.

Resort

Resort means a set of buildings and uses that shall include overnight accommodations, a sit-down restaurant, and indoor and outdoor entertainment.

Roadside Stand

Roadside Stand means a temporary or permanent structure used for the sale of agricultural products or commodities raised on the premises.

Effective on: 10/15/2020

Sales-Oriented Uses

Sales-oriented examples:

Section 1316

Effective on: 10/15/2020

Self-Service Storage

Uses in this use type include: Boat or recreational vehicle outdoor storage; Mini-warehouse; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Typical accessory uses include: Associated office and storage; Minor utilities; Moving vehicle rental; and Single attached caretaker's quarters.

This definition does not include Bulk Storage or Bulk Storage of Explosive or Hazardous Materials.

Effective on: 10/15/2020

Semi-Trailer

Effective on: 10/15/2020

Semi-Trailer or Truck Parking

Semi-Trailer or Truck Parking means a facility for the storage, for more than 8 hours a day, of semi-trailers or trucks that haul semi-trailers.

Effective on: 10/15/2020

Senior, Youth, or Community Center

Senior, Youth, or Community Center means a public building used as a place of meeting, recreation, or social activity and not operated for profit.

Setback / Yard, Interior Side

Setback / Yard, Interior Side means the area of a property between the side setback line and the side lot line, extending between the front and rear setbacks / yards.

Effective on: 10/15/2020

Setback / Yard, Rear

Setback / Yard, Rear means the area of a property between the rear setback line and the rear lot line, extending across the width of the property.

Effective on: 10/15/2020

Setback / Yard, Side Street

Setback / Yard, Side Street means the area of a property between the side street setback line and the side street lot line, extending between the front and rear setbacks / yards.

Effective on: 10/15/2020

Sex Shop

Sex Shop means an establishment offering goods for sale or rent and that meets any of the following tests:

It offers for sale items from any two of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; sexually oriented novelties; and the combination of such items constitute more than 10 percent of its stock in trade or occupies more than 10 percent of its floor area;
More than five percent of its stock in trade consists of sexually-oriented toys or novelties; or
More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Effective on: 10/15/2020

Sexually Oriented Business

Sexually Oriented Business means a category of commercial uses containing establishments for sexual entertainment.

Typical accessory uses include: Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining facility; and Minor utilities.

Short-Term Rental, Host Occupied means a short term rental that is the primary residence of the short-term rental host.

Effective on: 10/15/2020

Short-Term Rental Hosting Platform

Effective on: 10/15/2020

Sign, Permanent means a sign attached to a building, structure or the ground in some manner and made of materials intended for more than short term use.

Effective on: 10/15/2020

Sign, Principal

Sign, Principal means the main freestanding sign on a site. The term is used to distinguish such a sign from other freestanding signs that may be allowed on multi-tenant or large sites.

Effective on: 10/15/2020

Sign, Sidewalk

Effective on: 10/15/2020

Sign, Wall

Effective on: 10/15/2020

Sign, Window

Sign, Window means a sign affixed to or installed inside a window and clearly legible to persons outside the building.

Effective on: 10/15/2020

Sign, Temporary

Effective on: 10/6/2021

Site

Site means any lot or parcel of land or a series of adjoining lots or parcels on which land disturbance or development activity is proposed.

Effective on: 10/15/2020

Skateboard or Trampoline Park

Skateboard or Trampoline Park means a facility that is designed for use by persons riding skateboards, in-line skates, or roller blades or jumping on trampolines.

Effective on: 10/15/2020

Skating Rink

Effective on: 10/15/2020

Sober Living Home

This definition does not include a Sober Living Facility use.

Effective on: 10/15/2020

Sober Living Facility

This definition does not include the Sober Living Home use.

Effective on: 10/15/2020

Social Service

This use category does not include Nursing Home or Residential Care Facility.

Effective on: 10/15/2020

Soup Kitchen

Soup Kitchen means a non-profit facility where food is offered to the hungry for free or at a reduced price.

Effective on: 10/15/2020

S

Effective on: 10/15/2020

Stable (Private or Noncommercial)

Stable (Private or Noncommercial) means a building, for the use solely of the property owner, designed and used for the storage of horses and horse-drawn vehicles or both.

Effective on: 10/15/2020

Stable (Public and Commercial)

Stable (Public and Commercial) means a building, other than a Private Stable, designed and used for the storage of horses and horse-drawn vehicles or both.

Effective on: 10/6/2021

Stadium, Running Track, or Ball Field

Stadium, Running Track, or Ball Field means a large usually roofless building with tiers of seats for spectators at public entertainments or athletic events.

Effective on: 10/15/2020

Transient Lodging or Shelter for the Homeless

Effective on: 10/15/2020

Tree

Tree means a perennial woody plant with one main trunk and a distinct and elevated head, ordinarily growing to definite heights and usually developing branches at some distance from the ground.

Effective on: 10/15/2020

Tree, Canopy

Tree, Canopy means a tree with single central leader that will attain a mature crown spread and height of greater than 25 feet.

Effective on: 10/15/2020

Tree, Evergreen

Tree, Evergreen means a tree that has persistent foliage and remains green throughout the year. For the purposes of this NDC, evergreen trees shall reach at least 12 feet in height at maturity.

Effective on: 10/15/2020

Tree, Ornamental

Effective on: 10/15/2020

T

Effective on: 10/15/2020

Truck Stop

Effective on: 10/15/2020

TV Studio or Radio Studio

TV Studio or Radio Studio means a facility for the staging and recording of audio or television productions.

Effective on: 10/6/2021

Upper-Story Dwelling Unit

Upper-Story Dwelling Unit means a dwelling unit located above the first floor of a corner store or mixed use building type.

Effective on: 10/15/2020

Utilities

Minor Utilities consist of public or private infrastructure serving a limited area with no on-site personnel and include:

Typical accessory uses include: Associated office and storage; Fleet maintenance; Minor utilities; and Storage structures.

Effective on: 10/15/2020

Variance

Effective on: 10/6/2021

Vehicle Accessories and Parts Sales

Vehicle Accessories and Parts Sales means retail sales of automobile and motorcycle related parts and accessories without installation on-site.

Effective on: 10/15/2020

Vehicle Repair, Major

Vehicle Repair, Major means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Effective on: 10/15/2020

Vehicle Sales and Service

Waste Transfer Facility means a facility for the temporary storage, transfer, and packing of solid waste from smaller collecting vehicles to larger transport vehicles.

Effective on: 10/15/2020

Water Treatment Plant or Wastewater Treatment Plant

Effective on: 10/6/2021

Water Surface Elevation

Effective on: 10/6/2021

W

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows, at least periodically.

X (Unshaded) And C Zones means areas determined to be outside the 500-year floodplain.

Effective on: 10/15/2020

Youth Shelter

Effective on: 10/15/2020

Zone

Zone means a geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Effective on: 10/15/2020

Z

Effective on: 10/15/2020

Covington City Zoning Code

ARTICLE 158

09 Definitions and Calculations

Division 27 Definitions and Construction of Language

Sec. 09.27.1 General

Numbering Style.

The provisions of this NDC are organized into the following hierarchical structure:
1. Articles;
2. Divisions;
3. Sections;
4. Subsections;
5. Paragraphs; and
6. Subparagraphs.
The word “Article” precedes all Article numbers and the word "Division" precedes all Division numbers.
The word “Section” precedes all Section numbers. The first numerals in a section number, before the first period, identify the article in which the Section is located. The second two numerals, following the Article number and first period, identify the section number. Thus, “Section 09.27.1,” indicates the first Section of Article 158.09, Division 27.
Subsections are identified by capital letters.
Arabic numerals are used to identify Paragraphs.
Lower case letters identify sub-subparagraphs.

Meanings and Intent. The language of this NDC shall be read literally. Regulations are no more or less strict than stated.

Tenses and Usage.

1. Words used in the singular include the plural. The reverse is also true.
2. Words used in the present tense include the future tense. The reverse is also true.
3. The words “must,” “will,” “shall” and “may not” are mandatory.
4. The word “may” is permissive.
5. The word “should” is advisory, not mandatory or required.
6. When used with numbers, “up to X,” “not more than X” and “a maximum of X” all include “X.”

Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings:
1. “And” indicates that all connected items or provisions apply; and
2. “Or” indicates that the connected items or provisions may apply singularly or in combination.
Fractions.
1. Minimum Requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more will be rounded up to the next consecutive whole number, unless otherwise expressly indicated. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot dimension, the resulting fraction of 1.67 is rounded up to 2 required trees.
2. Maximum Limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number unless otherwise expressly indicated. For example, if a maximum limit of one dwelling unit for every 1,000 square feet is applied to a 3,750 square foot lot, the resulting fraction of 3.75 is rounded down to 3 (dwelling units).
References to Other Regulations. All references in this NDC to other city, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply that the City is or will be responsible for enforcing county, state, or federal regulations.
Current Versions and Citations. All references to documents or to other city, county, state, or federal regulations shall be interpreted as references to the most current version of such documents or regulations, unless otherwise expressly indicated. If referenced regulations have been repealed and not replaced by other regulations, requirements in this NDC for compliance are no longer in effect.
Lists and Examples. Unless otherwise expressly indicated, lists of items or examples that use “including,” “such as,” or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.
Delegation of Authority. Whenever a provision appears requiring an officer, employee, board, or commission to perform an act or duty, that provision is construed as authorizing the referenced officer, employee, board, or commission to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this NDC expressly prohibit such a delegation or when such delegation is prohibited by law.
Public Officials and Agencies. All employees, public officials, bodies, and agencies to which references are made are those of the City of Covington or Kenton County, unless otherwise expressly stated.
Use-Specific Standards. Where referenced in Table 03.06.3, Permitted Uses by District, or stipulated in Division 07, Use-Specific Standards, definitions of uses shall be interpreted to include applicable use-specific standards.
Collective References. References by group titles of uses or character districts shall be construed to reference each individual included use or character districts, as appropriate, unless the context clearly indicates otherwise or unless expressly indicated otherwise. The following is a non-exhaustive list of examples:
1. References to "residential character districts" or "residential districts" shall generally refer collectively to the Rural Residential (RR), Suburban Residential (SR), and Semi-Urban Residential (SU) character districts.
2. References to "mixed-use character districts" or "mixed-use districts" shall generally refer collectively to the Commercial Mixed-Use (CMU), Central Riverfront Mixed-Use (CRM), Downtown Core (DTC), Downtown Riverfront (DTR), Traditional Urban Mixed-Use (TUMU), and Traditional Urban Residential (TUR) character districts.
3. References to "residential uses" shall generally refer collectively to all of the uses included in the definitions for the Household Living use category and the Group Living use category.

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.27.2 Acronyms and Abbreviations

ADA = Americans with Disabilities Act

ADU = Accessory Dwelling Unit

AUC = Auto Urban Commercial

BFE = Base Flood Elevation

BOARD = Board of Architectural Review and Development

C = Conditional Use Permit

CC = City Commission

CMU = Commercial Mixed Use

CRM = Central Riverfront Mixed-Use

CUP = Conditional Use Permit

DTC = Downtown Core

DTR = Downtown Riverfront

FEMA = Federal Emergency Management Agency

FHBM = Flood Hazard Boundary Map

FIRM = Flood Insurance Rate Map

FIS = Flood Insurance Study

Ft = Feet

GI = General Industrial

GFA = Gross Floor Area

HVAC = Heating, Ventilation, and Air Conditioning

HP = Historic Preservation

HPO = Historic Preservation Overlay

HS = Hillside Protection

ITE = Institute of Traffic Engineers

KCPC = Kenton County Planning Commission

KRS = Kentucky Revised Standards

L = Permitted subject to limitations

LI = Light Industrial

LOMA = Letter of Map Amendment

Max = Maximum

Min = Minimum

NDC = Neighborhood Development Code

NFIP = National Flood Insurance Program

P = Permitted by Right

PC = Planning Commission

REC = Recreation

RP = Resource Protection

RR = Rural Residential

Sec = Section

SHFA = Special Flood Hazard Area

SI = Suburban Industrial

SO = Suburban Office

Sq Ft = Square Feet

SR = Suburban Residential

SU = Semi-Urban

Subsec = Subsection

TUMU = Traditional Urban Mixed Use

TUR = Traditional Urban Residential

Effective on: 10/15/2020

Sec. 09.28.1 Buildings, Walls, and Fences

The average height level between eaves and ridge for gable, hip, and gambrel roofs.
The highest point of the roof surface for a flat roof; and
The deck line of a mansard roof.

Figure 09.28.1-1, Building Height

Fence and Wall Height. As illustrated in Figure 09.28.1-2, Fence and Wall Height, the height of such walls or fences shall be determined by measurement from the ground level at the lowest grade level within three feet of either side of such walls or fences to the top of the wall or fence. A fence height does not include the height of a retaining wall on which it is constructed.

Figure 09.28.1-2, Fence and Wall Height

Floor Area Ratio. As illustrated in Figure 09.28.1-3, Floor Area Ratio, the floor area ratio is the gross floor area of all buildings on a lot, divided by the lot area.

Figure 09.28.1-3, Floor Area Ratio

Gross Floor Area. As illustrated in Figure 09.28.1-4, Gross Floor Area, below, means the sum of the total horizontal square footage of every floor of every building on a lot measured as follows:
1. The horizontal square footage is measured from the outside face of all exterior walls.
2. Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures are included as gross floor area wherever at least seven feet of clearance is provided between the finished floor and the ceiling.

Figure 09.28.1-4, Gross Floor Area

Building Width/Street Frontage. As illustrated in Figure 09.28.1-5, Building Width (Street Frontage) Calculation, below, building width means the widest measurement of the building ("B" in the diagram below) that is within the minimum and maximum front or side street setbacks ("A" in the diagram below), as measured parallel to the specified lot line, represented as a percentage of the total width of the parallel lot line.

Figure 09.28.1-5, Building Width (Street Frontage) Calculation

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.2 Identifying the Context and Calculating Context Average

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Table 09.28.2, Context Identification Process
Identify the type of lot.	Identify context type and developed properties.	Calculate the average.^{1, 2}	Compare with applicable tables.³
TABLE NOTES ¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended). ² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation. ³ Context averages establish permitted dimensions per certain sections of this NDC including Sec. 04.09.2, Dimensional and Lot Formula Tables, and Sec. 04.10.2, Building Placement and Massing Table.

Table 09.28.2, Context Identification Process

Step 1:

Step 2:

Step 3:

Step 4:

Identify the type of lot.

Identify context type and
developed properties.

Calculate the average.^{1, 2}

Compare with applicable tables.³

TABLE NOTES

¹ Measurements are based on information provided by LINK-GIS as accessed through https://linkgis.org/ (or as amended).

² Outliers are generally any measurements great than 1.5 times the median measurement. Such outliers are not included in the average calculation.

Calculating Context Average. Where (1) a context type is unclear, or where (2) a dimension of a development within a context is an outlier (skewing the average measurement by being greater than 1.5 times the median measurement), the Administrator may determine the type and extent of the context and exclude outliers based on, as applicable:
1. The size of a block or block face (to avoid including the extents of an atypically large block - particularly where such portions are out of view of a given project site); and, or
2. The proportion of a particular measurement as a ratio of a total measurement, such as (1) a ratio of total lot width or (2) a ratio of total lot depth; and, or
3. The prevailing orientation of lots or developments within a block or block face; and, or
4. The prevailing type of development within a block or block face (to avoid incorporating lots that were developed in a demonstrably different manner - such as a strip mall with a parking frontage in the same block as small-scale dwellings built close to the street).
Context Types based on Lot Type
1. Alley Lot. If the given project site is an alley lot, then the context shall be defined as other adjacent alley lots and the surrounding lots within the encapsulating block which includes the given project site.
2. Corner Lot. If the given project site is a corner lot that is included in two different block faces, then the context shall be defined as both block faces.
3. Interior/Mid-block Lot. If the given project site is an interior lot within a block face, then the context shall be defined as the block face which includes the given project site.
4. Lots in Unimproved Block Face. If the given project site is within a block face that does not include other lots improved with buildings, then the context shall be defined as the opposing block face (being immediately opposite the same street as the project site) and the remaining block which includes the given project site.
5. Lots in Unimproved Block. If the given project site is within a block that does not include other lots improved with buildings, and the block face opposite the given project site does not include other lots improved with buildings, then the context shall be expanded to include the block faces surrounding the block which includes the given project site.

Figure 09.28.2, Context Illustrations
Alley Lot	Corner Lot

Interior/Mid-Block Lot	Lots in Unimproved Block Face

Lots in Unimproved Block

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.3 Setbacks and Yard Types

Interior Side Setback Calculation. Interior side setbacks are calculated by averaging the smallest interior setbacks provided on each lot in a given context that is similarly developed.
Accessory Structure Setback. The calculation for the minimum setback(s) for an accessory structure shall be based on other accessory structures within the project's context.

Yard Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Vacant Properties. Refer to Sec. 09.28.2, Identifying the Context, for determining the setbacks or yards that apply to vacant properties.

Figure 09.28.3, Setbacks and Yards

(Ord. No. O-13-21, 09/28/2021)

Effective on: 10/6/2021

Sec. 09.28.4 Lots and Lot Lines

Generally. Figure 09.28.4-1, Lot Types, Figure 09.28.4-2, Corner Lot on Curved Street, and Figure 09.28.4-3, Lot Coverage Sample Calculation, are illustrative of the following terms.

Measurements.

Lot Area. Lot area includes the total land area contained in the property lines of a lot.
Lot Width. The distance between side property lines at the point of the required front setback/build-to.

Lot Types. The following lot types are depicted in Figure 09.28.4-1, Lot Types.

Alley Lot. A lot abutting an alley right-of-way and that does not abut any other street at any point.
Corner Lot. A lot abutting two streets at their intersection. A street that curves at an angle of less than 135 degrees, measured from the center line of the street, is considered two intersecting streets for the purpose of evaluating whether a lot is a corner lot, as depicted in Figure 09.28.4-2, Corner Lot on Curved Street.
Double-frontage Lot. An interior lot that fronts on two streets that do not intersect at the boundaries of such a lot. Also called a “through lot.”
Flag Lot. A lot that is characterized by a strip of land, not less than 30 feet in width, that provides access to the main portion of the lot. The main portion is the “flag”. The strip of land providing access/frontage is the “pole” of the flag lot.
Interior Lot. A lot whose side lot lines abut alley rights-of-way or other lots instead of non-alley public or private rights-of-way.
Triple- / Multi-frontage Lot. A lot abutting more than two non-alley street rights-of-way.

Lot Line Types. For definitions of the following lot line types, see Sec. 09.27.3, Definitions.

Figure 09.28.4-1, Lot Types

Figure 09.28.4-2, Corner Lot on Curved Street

Figure 09.28.4-3, Lot Coverage Sample Calculation

Effective on: 10/15/2020

Sec. 09.28.5 Sight Triangle

Generally. A sight triangle is the triangular area bounded as follows, and as illustrated in Figure 09.28.5, Sight Triangle:

Horizontal Dimensions.

1.
Streets and Alleys. A triangular area measured at a point beginning at the intersection of the two outer edges of paved vehicular roadways (including alleys), extending per the specified distances below, and with a line connecting the end points of those two lines:
1. a.
  30 feet along non-alley roadway edges for residential character districts;
2. b.
  15 feet along non-alley roadway edges for nonresidential or mixed-use character districts; and/or
3. c.
  10 feet along alley roadway or private drive edges where intersecting with a sidewalk or street.
2.
Streets and Railroads. A triangular area measured at a point beginning at the intersection of the outer edge of a paved vehicular roadway and the edge of a railroad a distance of 30 feet along the roadway and the railroad, with a line connecting the ends of those two points.

Vertical Dimensions. The vertical dimensions of this triangle are two and one-half feet to nine feet above finished grade.

Figure 09.28.5, Sight Triangle

Effective on: 10/15/2020

Sec. 09.28.6 Neighborhood Open Space

Figure 09.28.6-1, Neighborhood Open Space

Effective on: 10/15/2020

Sec. 09.28.8 Distance Between Uses and Buildings

Effective on: 10/15/2020

A99 Zone

Effective on: 10/15/2020

A

AE Zones means Special Flood Hazard Areas inundated by the one percent annual chance flood (100-year flood). Base flood elevations (BFEs) are determined.

Effective on: 10/15/2020

A

AH Zone means an area of 100-year shallow flooding where depths are between one and three feet (usually shallow ponding). Base flood elevations are determined.

Effective on: 10/15/2020

A

AO Zone means an area of 100-year shallow flooding where water depth is between one and three feet (usually sheet flow on sloping terrain). Flood depths are determined.

Administrative Adjustments means minor specified deviations from otherwise applicable quantitative standards.

Effective on: 10/15/2020

Adult Day Care

Adult Day Care means a facility that provides care for the elderly and / or functionally impaired adults in a protective setting for a portion of a 24-hour day.

Effective on: 10/15/2020

Agricultural Sales

Agricultural Sales means an establishment engaged in the retail or wholesale sale from the premises of feed, grain, fertilizers, pesticides and similar goods.

Effective on: 10/15/2020

Agricultural Support Services

Agricultural Support Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal veterinarians.

Effective on: 10/15/2020

Agriculture and Animal Services

Agriculture and Animal Services means, per KRS 100.111, a category of uses containing the use of:

A tract of at least five contiguous acres for the production of agricultural or horticultural crops, including but not limited to livestock, livestock products, poultry, poultry products, grain, hay, pastures, soybeans, tobacco, timber, orchard fruits, vegetables, flowers, or ornamental plants, including provision for dwellings for persons and their families who are engaged in the agricultural use on the tract, but not including residential building development for sale or lease to the public;
Regardless of the size of the tract of land used, small farm wineries licensed under KRS 243.155;
A tract of at least five contiguous acres used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations; or
A tract of land used for the following activities involving horses:
1. Riding lessons;
2. Rides;
3. Training;
4. Projects for educational purposes;
5. Boarding and related care; or
6. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving seventy or less participants. Shows, competitions, sporting events, and similar activities that are associated with youth and amateur programs, none of which are regulated by KRS Chapter 230, involving more than seventy participants shall be subject to local applicable zoning regulations. This paragraph shall only apply to acreage that was being used for these activities before July 13, 2004.a use type containing uses primarily related to the raising of animals and crops and the secondary enterprises associated with agricultural production.

Effective on: 10/15/2020

Airport or Heliport

Effective on: 10/15/2020

Alley

Alley means a public or private way, other than a street, that is open to common use and affords a secondary means of vehicular access to the rear of the adjacent property.

Effective on: 10/15/2020

Amphitheater

Amphitheater means a semi-enclosed structure designed for the enactment of the performing arts or other entertainment uses that include entertainment related facilities and uses.

Archery / Firearms Range

Archery / Firearms Range means the use of land for archery or the discharging of firearms for the purposes of target practice, skeet and trap shooting, or temporary competitions.

Effective on: 10/15/2020

A

Effective on: 10/15/2020

Arsenal

Arsenal means a place where weapons and military equipment are stored or made.

Effective on: 10/15/2020

Assisted Living Facility

Effective on: 10/15/2020

Auction

Effective on: 10/15/2020

Axe Throwing Lounge

Effective on: 10/15/2020

A Zone

A Zone means Special Flood Hazard Areas inundated by the one percent annual chance flood (100-year flood). Base flood elevations (BFEs) are not determined.

Effective on: 10/15/2020

Bank or Credit Union

Bank or Credit Union means an establishment that is engaged in the business as a bank or credit union and is federally chartered or state chartered.

Bed and Breakfast Inn means a private inn or other unique residential facility meeting the requirements of KRS 219.011:

Having six or more guest rooms or suites for occupancy; and
In which breakfast and other meals may be served to the guests; and
Whose innkeeper resides on the premises or property adjacent to the premises during periods of occupancy; and
Does not otherwise meet the definition of a short-term rental.

Effective on: 10/15/2020

Bicycle Parking, Long-Term

Effective on: 10/15/2020

Bicycle Parking, Short-Term

Bicycle Parking, Short-Term means space for temporary parking of bicycles for visitors and customers. Such spaces may be public or private and typically consist of outdoor bicycle racks.

Effective on: 10/15/2020

Bingo Hall

Bingo Hall means a facility used exclusively or primarily for conducting bingo and other similar games that are open to the public.

Effective on: 10/15/2020

B

Effective on: 10/6/2021

Block

Block means the smallest geographic group of lots, alleys, easements, and other facilities bounded by:

Rights-of-way of any classification, not including alleys, in the Kenton County Comprehensive Plan; and/or
Water bodies.

Block Illustration

Effective on: 10/15/2020

Block Face

Block Face Illustration

Effective on: 10/15/2020

Blood or Plasma Center

Blood or Plasma Center means a facility for the donation or sale by individual donors of blood, blood plasma, and other blood products.

Effective on: 10/15/2020

Boarding House

Effective on: 10/15/2020

Board of Adjustment

Board of Adjustment means The Board of Adjustment of the City Commission. See section Sec. 06.19.3, Board of Adjustment (City) for powers and duties.

Effective on: 10/15/2020

Board of Architectural Review and Development (BOARD)

Effective on: 10/15/2020

Boat or Recreational Vehicle Outdoor Storage

Effective on: 10/15/2020

Body Art Service

Effective on: 10/15/2020

Botanical Garden

Botanical Garden means an establishment having documented collections of living plants for the purposes of scientific research, conservation, display, or education.

Effective on: 10/15/2020

Bowling Center

Bowling Center means an establishment containing long narrow tracks used in bowling and similar games.

Effective on: 10/15/2020

Brewpub

Effective on: 10/15/2020

B

Bufferyard means a portion of a site with landscape plantings, fences, and/or other components used to mitigate conflicts between incompatible uses.

Bulk Storage of Explosive or Hazardous Materials means a use engaged in storage or a manufacturing process that utilizes flammable, explosive, or hazardous materials.

Effective on: 10/15/2020

Bus or Train Passenger Terminal

Effective on: 10/15/2020

Cabaret or Theater, Sexually Oriented

Effective on: 10/15/2020

Campground

Effective on: 10/15/2020

C

Candy Shop or Ice Cream Shop means an establishment that serves desserts, including, but not limited to candy, ice cream, yogurt, or cookies.

Effective on: 10/6/2021

Car Wash

Car Wash means a facility for the washing or cleaning of vehicles. A car wash may be:

a single unit type with a single bay or a group of single bays with each bay to accommodate one vehicle only where a person uses a high-pressure hose to wash the vehicle by hand;
an automated single unit type that has a single bay to accommodate one vehicle at a time; or
a tunnel unit type that allows washing of multiple vehicles in a tandem arrangement while moving through the structure.

Effective on: 10/15/2020

Caretaker's Quarters

Caretaker's Quarters means a permanent accessory dwelling for purposes of housing a caretaker associated with a use in an industrial use type.

Effective on: 10/15/2020

Carport

Carport means a covered structure that provides protection to motor vehicles from the elements.

Effective on: 10/15/2020

Carriage House

This building type is commonly associated with the Accessory Dwelling Unit use type.

Effective on: 10/15/2020

Catering Establishment

Effective on: 10/15/2020

Cemetery, Columbarium, Mausoleum, or Memorial Park

Effective on: 10/15/2020

Character District

Character District means a designation shown on the Character District Map, in which a specific set of use, dimensional, and design standards apply.

Effective on: 10/15/2020

Chief Building Inspector

Chief Building Inspector means the official or officials appointed to administer and enforce the state building codes.

Effective on: 10/15/2020

Chiropractor

Effective on: 10/15/2020

City Commission

City Commission means the duly elected legislative body of the City of Covington, including the Mayor and the other members of the Covington Board of City Commissioners.

Effective on: 10/15/2020

Citizen Member

Citizen Member means any member of the Planning Commission or Board of Architectural Review and Development (BOARD) who is not an elected or appointed official or employee of the City Commission.

Effective on: 10/15/2020

Civic

Civic means a category of uses containing uses that provide services to the general public related to recreation, fellowship, worship, health, education, and transportation.

Effective on: 10/15/2020

Clear Cutting

Clear Cutting means the removal of more than 40 percent of unprotected trees on a site, or more than 60 percent within the limits of construction.

Effective on: 10/15/2020

Clinic

Effective on: 10/15/2020

Club or Lodge

Effective on: 10/15/2020

C

Effective on: 10/15/2020

Coffee Shop

Effective on: 10/15/2020

Concealed Lighting

Concealed Lighting means an artificial light source intended to illuminate the face of a sign, the direct source of which is shielded from public view and surrounding properties.

County Club means an area containing recreational facilities such as a golf course, swimming pool, dining room, bar, tennis court, and clubhouse that is available to members.

Effective on: 10/15/2020

Design Waiver means a request to develop or erect a housing or building type, frontage type, or civic and open space type not otherwise permitted in a character district.

Effective on: 10/15/2020

D

Effective on: 10/15/2020

Driveway

Driveway means a private accessway, primarily for vehicles, leading from a street to a dwelling unit, parking lot, parking garage, or loading area.

Effective on: 10/15/2020

Drug, Alcohol, or Psychiatric Treatment Center

Effective on: 10/15/2020

Dry Cleaning or Pressing Establishment

Effective on: 10/15/2020

Duplex

Duplex means a type of building that is located on its own lot and is used by two families. See also Dwelling, Two Family.

Electrical Generation Plant

Electrical Generation Plant means a facility where electrical power is generated for distribution.

Effective on: 10/15/2020

Electrical Substation

Electrical Substation means a portion of the electricity distribution system where voltage is transformed from high voltage to low voltage or from low voltage to high voltage.

Effective on: 10/15/2020

Elevation Certificate

Effective on: 10/15/2020

Emergency Program

Effective on: 10/15/2020

Enclosure

Enclosure means that portion of a structure below the lowest floor used solely for parking of vehicles, limited storage, or access to the structure.

Effective on: 10/15/2020

Encroachment

Effective on: 10/15/2020

Encounter Center, Sexually Oriented

Effective on: 10/15/2020

Entertainer, Sexually Oriented

Effective on: 10/15/2020

Entertainment, Indoor

Entertainment, Indoor means a category of commercial uses containing, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting.

Effective on: 10/15/2020

Entertainment, Outdoor

Entertainment, Outdoor means a category of commercial uses providing daily or regularly scheduled recreation-oriented activities in an outdoor setting.

This use category does not include Swimming Pool (Public).

Farm Stand means a temporary or permanent structure used for the sale of agricultural products or commodities raised on the premises.

Effective on: 10/15/2020

Farmers Market

Effective on: 10/6/2021

Feed Milling

Feed Milling means a facility in which livestock feeds are prepared.

Effective on: 10/15/2020

FEMA Map

FEMA Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).

Flood or Flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters from any source;
Mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; and /or
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Floor Area Ratio means the gross floor area of a building divided by the overall floor area of the property on which such building is located.

Effective on: 10/15/2020

Food Delivery

Food Delivery means an establishment that prepares food on-site and: (1) whose employees deliver the food to customers as it is ordered; or (2) customers pick up. No dining takes place on-site.

Effective on: 10/15/2020

Food Processing, Packing, and Distribution

Effective on: 10/15/2020

Foster Child Care

Foster Child Care means care and education of not more than five children unrelated to the residents by blood or adoption.

Effective on: 10/15/2020

F

Effective on: 10/15/2020

Effective on: 10/15/2020

Golf Driving Range

Golf Driving Range means an outdoor area equipped with distance markers, clubs, balls, and tees for practicing long distance golf drives.

Halfway House means a building used as group living quarters for persons being aided in readjusting to society following a period of imprisonment, hospitalization, or institutionalized treatment.

Effective on: 10/15/2020

Hardscaping

Hardscaping means driveways, sidewalks, patios, walls (particularly retaining walls), walkways, and other permeable/non-permeable ground coverings.

Effective on: 10/15/2020

Hazard Potential

Effective on: 10/15/2020

Heavy Industrial

Typical accessory uses include:

Associated office and storage;
Associated retail sales related to the primary use;
Day care for children of employees; Fleet maintenance;
Food preparation and dining facility;
Fueling facility;
Medical clinic for employees;
Meeting space;
Minor utilities;
Recreation facility; and
Single attached caretaker's quarters.

Also, see definitions for Heavy Industrial, Less-Intense and Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, Less-Intense

Heavy Industrial, Less-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly, or processing of batteries, aircraft, alcoholic beverages (wholesale), asbestos and asbestos products, automobiles or trucks, boxes or crates or pallets, brick or tile or terra cotta, building materials, chalk, charcoal, chemicals, chlorine, coffins, corrugated metal, cotton oil, gas, gelatin, glass, graphite, hemp, lacquer, linoleum, machinery, manufactured or mobile homes, metal, motors or engines, paraffin, plastic, porcelain, recreational vehicles, railroad vehicles and equipment, tires, trailers, and wax;
Bulk storage of explosive or hazardous materials;
Concrete batching and asphalt processing and manufacture;
Feed milling;
Grain elevator;
Railroad yard or repair shop;
Sawmill;
Wool scouring and pulling; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, More-Intense.

Effective on: 10/15/2020

Heavy Industrial, More-Intense

Heavy Industrial, More-Intense means a subset of uses in the Heavy Industrial category of uses including, but not limited to:

Manufacture, assembly or processing of acid, acetylene, gas, ammonia, asphalt, bones, celluloid, cement, creosote, disinfectant, dyes or inks, fat, fertilizer, fireworks, glue, grease, gunpowder, gypsum, insecticide, lard, lime, paint, petroleum, plaster of Paris, poison, rubber, salt, shellac, tallow, tar, turpentine, varnish, vinegar, or yeast;
Arsenal;
Fertilizer Storage;
Incinerator for reduction of garbage, dead animals, offal, refuse or automobile bodies (non-governmental);
Slaughtering, packaging or processing of animals;
Smelter;
Uses declared a nuisance in court; and
Other uses that the Administrator interprets to be functionally similar to a use in this use sub-type.

Also, see definition for Heavy Industrial, Less-Intense.

Effective on: 10/15/2020

Highest Adjacent Grade

Highest Adjacent Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Effective on: 10/15/2020

Historic Structure

Historic Structure means any structure that is:

Effective on: 10/15/2020

Home Occupation

Home Occupation means an accessory use of a dwelling unit, by occupants of the subject dwelling unit, for nonresidential purposes.

Infill means redevelopment of vacant lots surrounded by or in close proximity to areas that are substantially or fully developed.

Uses in this use type include:

Effective on: 10/15/2020

Limited Storage

Effective on: 10/15/2020

Limits of Construction

Limits of Construction means a delineated area within a site that is to be disturbed or otherwise affected by activities related to the construction of a development.

Effective on: 10/15/2020

Lot Coverage

Lot Coverage means the total area of any lot or parcel occupied by all of the following:

The footprint of the principal building (but excluding the surface area of any green roof)
The footprints of all accessory buildings, parking garages, carports, utility and storage sheds (but excluding the surface area of any green roof);
All areas covered with materials impervious to water including, but not limited to, vehicle use areas (but not including parking areas and driveways with pervious or semi-pervious paving materials); and
All areas occupied by above ground swimming pools (but not in-ground pools).

Effective on: 10/15/2020

Lot Line, Front

Effective on: 10/15/2020

Lot Line, Rear

Lot Line, Rear means a lot line that is opposite a front lot line and is not adjacent to a non-alley street.

Effective on: 10/15/2020

Lot Line, Side

Lot Line, Side means a line separating one lot from another lot and is not otherwise considered a rear lot line.

Effective on: 10/15/2020

Lot Line, Side Street

Lot Line, Side Street means a side lot line on a corner lot separating the lot from a street right-of-way or easement.

Effective on: 10/15/2020

Lowest Floor

Effective on: 10/15/2020

Mail-Order Business

Mail-Order Business means an establishment whose method of merchandising is through mass mailing of a circular or catalog.

This use category does not include Veterinary Clinic or Veterinary Hospital.

Mini-Warehouse

Mini-Warehouse means a structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis.

Effective on: 10/15/2020

Mitigation

Effective on: 10/15/2020

Mixed Use Building

Effective on: 10/15/2020

Mobile Food Vending Service

This definition does not include Mobile Retail Vending Service.

Effective on: 10/15/2020

Mobile Retail Vending Service

Mobile Retail Vending Service means a temporary establishment engaged in the retail sale of non-food items from a movable vehicle, portable structure, or pushcart.

This definition does not include Mobile Food Vending Service.

Movie or Other Theater

Movie or Other Theater means a facility charging admission to the general public for the privilege of observing a live, televised, or motion picture performance indoors.

Effective on: 10/15/2020

Effective on: 10/15/2020

N

Effective on: 10/15/2020

N

Nature Preserve or Trail means an outdoor facility that preserves or protects a critical environmental feature or other natural feature and that may or may not be open to the public.

Effective on: 10/15/2020

Neighborhood Amenity

Effective on: 10/15/2020

New Construction

Effective on: 10/15/2020

N

Effective on: 10/15/2020

Nonconforming Lot of Record

Nonconforming Lot of Record means a lawfully established lot, not held in common with any other lot, that does not meet the area or other dimensional standards of this NDC.

Effective on: 10/15/2020

Nonconforming Sign

Overnight Accommodations means a category of commercial uses containing uses with bedroom and bathroom units arranged for short-term stays of less than 30 days for rent or lease.

Typical accessory uses include: Associated office and storage; Meeting space; Minor utilities; Recreational facility; Restaurant; and Swimming pool (public).

This use category does not include the Short-Term Rental use.

Effective on: 10/15/2020

Package Liquor Sales

Package Liquor Sales means an establishment primarily engaged in the sale of alcoholic beverages for off-site consumption.

Effective on: 10/15/2020

P

Paintball Facility means an indoor or outdoor establishment designed for the playing of paintball or similar games.

Payday Loan Business

Effective on: 10/15/2020

PDS

PDS means the Planning and Development Services of Kenton County.

Effective on: 10/15/2020

Photocopy, Blueprint, and Quick-Sign Service

Effective on: 10/15/2020

Planned Neighborhood

Effective on: 10/15/2020

Pool Hall

Pool Hall means a facility wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables.

Effective on: 10/15/2020

Portable-On-Demand (POD) Storage Unit or Container

Truck container, with or without the chassis attached to it;
Moving van;
Portable moving container (POD);
Pre-assembled storage structure; or
Shipping container.

Program Deficiency means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management standards.

Effective on: 10/15/2020

Psychic or Medium

Effective on: 10/15/2020

Public Area

Public Area means a portion of a sexually oriented business, excluding sexually oriented motels, that is accessible to the customer, excluding restrooms, while the business is open for business.

Recycling Facility, Class I: A recycling facility where recyclable materials are temporarily stored or collected or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans, and glass items are considered an accessory use and may be allowed in any zone.)
Recycling Facility, Class II: A recycling facility that in addition to any activity permitted in a Class I Recycling Facility, engages in processing of recyclable materials such as cleaning, bundling, compacting, or packing of recyclable materials.
Recycling Facility, Class III: A recycling facility that, in addition to any activity permitted in a Class II Recycling Facility, performs composting.

Effective on: 10/15/2020

Regular Program

Effective on: 10/6/2021

Regulatory Floodway

Effective on: 10/15/2020

R

Effective on: 10/15/2020

Repair

Repair means the reconstruction or renewal of any part of an existing structure.

Resort

Resort means a set of buildings and uses that shall include overnight accommodations, a sit-down restaurant, and indoor and outdoor entertainment.

Roadside Stand

Roadside Stand means a temporary or permanent structure used for the sale of agricultural products or commodities raised on the premises.

Effective on: 10/15/2020

Sales-Oriented Uses

Sales-oriented examples:

Section 1316

Effective on: 10/15/2020

Self-Service Storage

Uses in this use type include: Boat or recreational vehicle outdoor storage; Mini-warehouse; and Other uses that the Administrator interprets to be functionally similar to a use in this use type.

Typical accessory uses include: Associated office and storage; Minor utilities; Moving vehicle rental; and Single attached caretaker's quarters.

This definition does not include Bulk Storage or Bulk Storage of Explosive or Hazardous Materials.

Effective on: 10/15/2020

Semi-Trailer

Effective on: 10/15/2020

Semi-Trailer or Truck Parking

Semi-Trailer or Truck Parking means a facility for the storage, for more than 8 hours a day, of semi-trailers or trucks that haul semi-trailers.

Effective on: 10/15/2020

Senior, Youth, or Community Center

Senior, Youth, or Community Center means a public building used as a place of meeting, recreation, or social activity and not operated for profit.

Setback / Yard, Interior Side

Setback / Yard, Interior Side means the area of a property between the side setback line and the side lot line, extending between the front and rear setbacks / yards.

Effective on: 10/15/2020

Setback / Yard, Rear

Setback / Yard, Rear means the area of a property between the rear setback line and the rear lot line, extending across the width of the property.

Effective on: 10/15/2020

Setback / Yard, Side Street

Setback / Yard, Side Street means the area of a property between the side street setback line and the side street lot line, extending between the front and rear setbacks / yards.

Effective on: 10/15/2020

Sex Shop

Sex Shop means an establishment offering goods for sale or rent and that meets any of the following tests:

It offers for sale items from any two of the following categories: sexually oriented media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; sexually oriented novelties; and the combination of such items constitute more than 10 percent of its stock in trade or occupies more than 10 percent of its floor area;
More than five percent of its stock in trade consists of sexually-oriented toys or novelties; or
More than five percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Effective on: 10/15/2020

Sexually Oriented Business

Sexually Oriented Business means a category of commercial uses containing establishments for sexual entertainment.

Typical accessory uses include: Associated office and storage; Associated retail sales related to the primary use; Concession; Food preparation and dining facility; and Minor utilities.

Short-Term Rental, Host Occupied means a short term rental that is the primary residence of the short-term rental host.

Effective on: 10/15/2020

Short-Term Rental Hosting Platform

Effective on: 10/15/2020

Sign, Permanent means a sign attached to a building, structure or the ground in some manner and made of materials intended for more than short term use.

Effective on: 10/15/2020

Sign, Principal

Sign, Principal means the main freestanding sign on a site. The term is used to distinguish such a sign from other freestanding signs that may be allowed on multi-tenant or large sites.

Effective on: 10/15/2020

Sign, Sidewalk

Effective on: 10/15/2020

Sign, Wall

Effective on: 10/15/2020

Sign, Window

Sign, Window means a sign affixed to or installed inside a window and clearly legible to persons outside the building.

Effective on: 10/15/2020

Sign, Temporary

Effective on: 10/6/2021

Site

Site means any lot or parcel of land or a series of adjoining lots or parcels on which land disturbance or development activity is proposed.

Effective on: 10/15/2020

Skateboard or Trampoline Park

Skateboard or Trampoline Park means a facility that is designed for use by persons riding skateboards, in-line skates, or roller blades or jumping on trampolines.

Effective on: 10/15/2020

Skating Rink

Effective on: 10/15/2020

Sober Living Home

This definition does not include a Sober Living Facility use.

Effective on: 10/15/2020

Sober Living Facility

This definition does not include the Sober Living Home use.

Effective on: 10/15/2020

Social Service

This use category does not include Nursing Home or Residential Care Facility.

Effective on: 10/15/2020

Soup Kitchen

Soup Kitchen means a non-profit facility where food is offered to the hungry for free or at a reduced price.

Effective on: 10/15/2020

S

Effective on: 10/15/2020

Stable (Private or Noncommercial)

Stable (Private or Noncommercial) means a building, for the use solely of the property owner, designed and used for the storage of horses and horse-drawn vehicles or both.

Effective on: 10/15/2020

Stable (Public and Commercial)

Stable (Public and Commercial) means a building, other than a Private Stable, designed and used for the storage of horses and horse-drawn vehicles or both.

Effective on: 10/6/2021

Stadium, Running Track, or Ball Field

Stadium, Running Track, or Ball Field means a large usually roofless building with tiers of seats for spectators at public entertainments or athletic events.

Effective on: 10/15/2020

Transient Lodging or Shelter for the Homeless

Effective on: 10/15/2020

Tree

Tree means a perennial woody plant with one main trunk and a distinct and elevated head, ordinarily growing to definite heights and usually developing branches at some distance from the ground.

Effective on: 10/15/2020

Tree, Canopy

Tree, Canopy means a tree with single central leader that will attain a mature crown spread and height of greater than 25 feet.

Effective on: 10/15/2020

Tree, Evergreen

Tree, Evergreen means a tree that has persistent foliage and remains green throughout the year. For the purposes of this NDC, evergreen trees shall reach at least 12 feet in height at maturity.

Effective on: 10/15/2020

Tree, Ornamental

Effective on: 10/15/2020

T

Effective on: 10/15/2020

Truck Stop

Effective on: 10/15/2020

TV Studio or Radio Studio

TV Studio or Radio Studio means a facility for the staging and recording of audio or television productions.

Effective on: 10/6/2021

Upper-Story Dwelling Unit

Upper-Story Dwelling Unit means a dwelling unit located above the first floor of a corner store or mixed use building type.

Effective on: 10/15/2020

Utilities

Minor Utilities consist of public or private infrastructure serving a limited area with no on-site personnel and include:

Typical accessory uses include: Associated office and storage; Fleet maintenance; Minor utilities; and Storage structures.

Effective on: 10/15/2020

Variance

Effective on: 10/6/2021

Vehicle Accessories and Parts Sales

Vehicle Accessories and Parts Sales means retail sales of automobile and motorcycle related parts and accessories without installation on-site.

Effective on: 10/15/2020

Vehicle Repair, Major

Vehicle Repair, Major means the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.

Effective on: 10/15/2020

Vehicle Sales and Service

Waste Transfer Facility means a facility for the temporary storage, transfer, and packing of solid waste from smaller collecting vehicles to larger transport vehicles.

Effective on: 10/15/2020

Water Treatment Plant or Wastewater Treatment Plant

Effective on: 10/6/2021

Water Surface Elevation

Effective on: 10/6/2021

W

Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows, at least periodically.

X (Unshaded) And C Zones means areas determined to be outside the 500-year floodplain.

Effective on: 10/15/2020

Youth Shelter

Effective on: 10/15/2020

Zone

Zone means a geographical area shown on a Flood Hazard Boundary Map or a Flood Insurance Rate Map that reflects the severity or type of flooding in the area.

Effective on: 10/15/2020

Z

Effective on: 10/15/2020