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Covington City Zoning Code

ARTICLE 158

01 General Provisions

Sec. 01.01.1 Title

This zoning ordinance is titled, and may be cited as, the “Neighborhood Development Code of the City of Covington, Kentucky.” It is referred to throughout this document as “this Neighborhood Development Code,” "this NDC," "this Code," or similar terms. 

Effective on: 10/15/2020

Sec. 01.01.2 Authority

This Neighborhood Development Code (NDC) is adopted pursuant to the powers granted and limitations imposed by state law, including the authority granted by KRS Chapter 100. 

Effective on: 10/15/2020

Sec. 01.01.3 Purposes

The purposes of this NDC are to:

  1. Promote Health, Safety, Morals, and Welfare.
    1. Regulate development to enhance the health, safety, morals, and welfare of Covington; and 
    2. Facilitate fire, police, and medical first responders to prevent loss of life, health, or property from fire, flood, and other dangers.
  2. Increase Quality of Life and Quality of Place. Encourage development that protects and increases quality of life and quality of place for Covington residents, commuters, and visitors. Promote the arts and culture, education, tourism, and diversity of Covington.
  3. Implement Adopted Plans. Incorporate the goals and policies of the plans affecting future development of Covington including comprehensive plans, transportation plans, and thoroughfare plans that are adopted by the Covington City Commission and by applicable county agencies.
  4. Support Business Retention, Creation, and Growth.
    1. Increase Covington’s economic vitality and competitiveness; 
    2. Enable and encourage entrepreneurship and local business growth; and 
    3. Remove development regulation barriers to retention and sensitive expansion of local businesses.

  5. Encourage Contextually Sensitive Development.

    1. Establish development regulations that adapt to each given project context; 

    2. Promote contextually compatible renovation, reinvestment, and incremental growth within developed properties and infill development of vacant or underutilized properties; 

    3. Enable and encourage efficient development patterns, including by-right mixed-use development; and

    4. Facilitate orderly and harmonious development with the visual and historical character of Covington.

  6. Protect and Enhance Natural Environment Assets.
    1. Promote conservation and enhancement of Covington’s scenic and environmental resources; 
    2. Enhance tree cover to increase property values, reduce storm water runoff and soil erosion, provide noise buffering, reduce energy costs, remove greenhouse gases, and protect Covington’s water quality;
    3. Provide regulations for sensitively replacing trees when required for development and safety; and 
    4. Encourage the use of green building principles (such as those published by the United States Green Building Council for the purpose of Leadership in Energy and Environmental Design certification). 
  7. Promote Equitable, Affordable Housing. Encourage location-efficient housing options to increase mobility and lower the combined cost of housing and transportation.
  8. Promote Multi-Modal Transportation. Encourage and enhance environments that are safe, comfortable, and convenient for pedestrian, bicycle, and transit modes of transportation.

  9. Leverage Legacy Investments.

    1. Legalize, protect, and enhance the character of Covington’s established neighborhoods and their historic resources; and

    2. Prevent the waste of public infrastructure on far-flung, unimproved, or underutilized sites. Remove development regulation barriers to contextually sensitive adaptions and expansions of historic resources.

  10. Leverage Future Investments.
    1. Provide development regulations that may readily adapt to accommodate unanticipated but compatible businesses and land uses; and 
    2. Where appropriate and feasible, minimize potential conflicts with development requirements in common financial assistance programs.
  11. Provide Clear Regulations and Processes. Establish transparent regulations and review procedures for development, the duties and powers of responsible administrative bodies, and reasonable penalties and enforcement mechanisms for violations of the NDC as consistent with the requirements and authorities of KRS Chapter 100.

Effective on: 10/15/2020

Sec. 01.01.4 Jurisdiction

To the extent allowed by law, the regulations of this NDC apply to all development, public or private, within the corporate limits of the City of Covington in Kenton County, Kentucky.

Effective on: 10/15/2020

Sec. 01.01.5 Severability

  • Generally. If a court of competent jurisdiction holds any portion of this NDC to be invalid or unconstitutional, that portion is deemed severed from this NDC and in no way affects the validity of any other portion of the Code.
  • As-Applied. If a court of competent jurisdiction holds any application of a provision of this NDC to a particular structure, land, or water to be invalid or unconstitutional "as-applied", such judgment shall not be applicable to any other structure, land, or water not specifically included in such judgment.

    • Effective on: 10/15/2020

    Sec. 01.01.6 Effective Date and Repeal

  • Effective Date. This NDC becomes effective on October 15, 2020, unless otherwise expressly indicated.
  • Repeal. The Zoning Ordinance existing prior to adoption of this NDC is deemed repealed and replaced upon the effective date of this NDC.   
     

    • Effective on: 10/15/2020

    Sec. 01.02.1 Effect on Private Restrictions

  • Conflict. This NDC is not intended to interfere with, abrogate, or annul any easement, covenant, deed restriction, or other agreement between private parties. The provisions of this NDC, whether they impose greater or lesser restrictions than imposed by a private agreement, will be enforced.
  • No City Involvement. The City does not enforce, interpret, or maintain a record of private agreements.

    • Effective on: 10/15/2020

    Sec. 01.02.2 Relationship to and Conflict with Other Regulations

  • Nature of Provisions. The provisions of this NDC pose limitations and requirements in addition to all other applicable laws and ordinances.
  • Conflict with State or Federal Regulations. If the provisions of this NDC are inconsistent with those of the state or federal government, the more restrictive provision, as determined by the Administrator, controls, to the extent permitted by law.
  • Conflict with Other City Regulations. If the provisions of this NDC are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the provisions of this NDC shall control. 
  • Conflicts within this NDC. Where the text of this NDC conflicts with its tables or illustrative material, the text controls. Where a table of this NDC conflicts with an illustration, the table controls. 

    • Effective on: 10/15/2020

    Sec. 01.02.3 Transition Standards and Vesting

  • Purpose. This Section establishes rules for the transition from the City’s Zoning Ordinance to this NDC.
  • Construction in Progress. Nothing in this NDC requires a change in the plans, construction, or designated use of any building for which actual construction was lawfully begun before October 15, 2020, and on which actual construction has been diligently pursued. Construction activities may not commence until all required permits for construction and/or demolition have been obtained.
  • Approvals Granted Before Effective Date. Development applications listed in Article 158.07, Permit Applications and Procedures, with valid approvals on October 14, 2020, remain valid until their expiration date, if the approval included such an expiration. Development shall be completed in conformance with valid approvals, even if such building, development, or structure does not fully comply with provisions of this NDC. If development activity is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure shall meet the provisions of this NDC in effect at the time of re-application.
  • Applications in Review Before Effective Date.  Complete development applications that are in review and pending final action on October 15, 2020, shall be reviewed wholly under the terms of the Zoning Ordinance in effect on October 14, 2020. Any re-application for an expired approval shall meet the provisions of this NDC in effect at the time of re-application.
  • Violations Continue. Any violation of the previous Zoning Ordinance continues to be a violation under this NDC and is subject to penalties and enforcement under Article 158.08, Enforcement, Penalties, and Remedies. If the use, development, construction, or other activity that was a violation under the previous ordinance complies with the express terms of this NDC, enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 15, 2020. The adoption of this NDC does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous Zoning Ordinance that occurred before October 15, 2020.
  • Nonconformities. Any nonconformity under the previous Covington Zoning Ordinance  (Ord. O-37-06, passed August 15, 2006) remains a nonconformity under this NDC, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this NDC, or any subsequent amendment to it, then the situation is no longer considered a nonconformity.
  • Illegalities. A situation that was illegal under the previous Zoning Ordinance does not achieve nonconforming or legal status under this NDC merely by repeal of the previous Zoning Ordinance unless the situation is consistent with the express terms of this NDC. In such case, enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before October 15, 2020. 

    • Effective on: 10/15/2020

    Sec. 01.02.4 Consistency with Plans

  • A.
    Acknowledgment and Implementation. This NDC acknowledges and implements the land use and urban design goals, objectives, and recommendations for the City, as reflected in the Kenton County Comprehensive Plan and other adopted planning documents that apply to the City, including, but not limited to, the following:
    1. 1.
      Building Covington's Future: A Community Visioning and Strategic Planning Process 2007;
    2. 2.
      City Center Action Plan 2012;
    3. 3.
      Community Reinvestment Plan;
    4. 4.
      Covington Riverfront Opportunities Plan (Parts 1 and 2);
    5. 5.
      Downtown Streetscape and Public Realm Design Guidelines;
    6. 6.
      Jackson Square Strategic Investment Plan 2016;
    7. 7.
      Latonia Small Area Study 2011;
    8. 8.
      Licking River Greenway Master Plan 2008;
    9. 9.
      Linden Gateway Small Area Study (Parts 1-3 and landscape analysis);
    10. 10.
      Neighborhood Revitalization Strategy Area 2013;
    11. 11.
      The Hills;
    12. 12.
      Orchard Park Redevelopment Plan; and
    13. 13.
      Westside Neighborhood Redevelopment Plan 2016.
  • B.
    Noncompliance. While this NDC conforms to adopted planning policies, no provision of this NDC may be challenged merely on the basis of an alleged noncompliance with the Kenton County Comprehensive Plan or other plan or policy.

    • Effective on: 10/15/2020

    Sec. 01.02.5 Minimum Requirements

    The provisions of this NDC are the minimum requirements deemed necessary to carry out the Code's stated purposes.

     

     

    Effective on: 10/15/2020