Covington City Zoning Code
ARTICLE 158
03 Land Use Standards
Sec. 03.06.1 Use Table Legend
- "P" means that the land use is Permitted by Right, subject to the standards that apply to all Permitted Uses. The use is approved by the Administrator.
- "L" means that the land use is Permitted with Limitations, in the same manner as a Permitted Use, but is also subject to Division 07, Use-Specific Standards.
- "C" means that the use is allowed as a Conditional Use, which may be approved following a public hearing by the Board of Architectural Review and Development (BOARD), subject to:
- Division 07, Use-Specific Standards; and
- The procedures set forth in Sec. 07.23.2, Conditional Use Permit.
- "--" means that the use is a Prohibited Use in the specified character district.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.06.2 New and Unlisted Uses
- The actual or projected characteristics of the activity in relation to those of the use type;
- The amount of site area or floor space and equipment devoted to the activity;
- Vehicle parking demand;
- Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);
- Types of vehicles used and their parking requirements;
- Building impervious surface coverage;
- Regulated air or water emissions;
- Noise, lighting, dust, and odors;
- Solid waste generation;
- The number of employees on a typical shift;
- Use and storage of hazardous materials;
- Character of associated buildings and structures;
- How the use is advertised;
- Nature and impacts of operation; and
- Hours of operation.
Effective on: 10/15/2020
Sec. 03.06.3 Permitted Uses by District Table
A.
Special-Purpose Districts.
- 1.Permitted uses in the Resource Protection (RP) district are identified in Subsec. 02.04.5.A.
- 2.Permitted uses in the Recreation (REC) district are identified in Subsec. 02.04.5.B.
B.
Non-Special-Purpose Districts. Permitted uses for all non-special-purpose districts are identified in Table 03.06.3, Permitted Uses by District, below.
(There are no ordinances associated with this section.)
Effective on: 6/10/2025
Sec. 03.07.1 General
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.07.2 Agriculture
The following standards apply to agricultural uses that are Conditional or Permitted with Limitations in Article 158.02, Character Districts, and in Table 03.06.3, Permitted Uses by District.
- Limited Agriculture Uses in the RR district. All structures associated with uses that are permitted with limitations ("L") in Table 03.06.3 shall be located on lots with a minimum area of five acres and shall be setback from any residential property line a minimum of 100 feet.
- Community Garden.
- Retail Sales. No sale of items grown or any other items may take place on-site.
- Sale of Plots. In order to privatize or sell plots of the garden the property owner shall obtain a valid Occupational License permit.
- Accessory Structures. Two accessory structures, limited to tool sheds, shade pavilions, plant preparation houses, greenhouses, and other structures that relate to the principal use of a Community Garden are permitted subject to Sec. 03.07.7, Accessory Uses.
- Fences. Fences shall not exceed six feet in height, shall be at least 50 percent open if they are taller than four feet, and shall be constructed of wood or ornamental metal.
- Kennel. In the Auto-Urban Commercial (AUC) district, overnight animal boarding and outside animal runs are prohibited.
- Market Garden or Nursery (Retail).
- Accessory Structures. All structures associated with the market garden or retail nursery operation, including greenhouses. hoop houses and high tunnels located on the site shall comply with the location requirements of the character district , but shall not take up more than 60 percent of the lot and be no more than 15 feet in height. For purposes of open space, areas of the site devoted to garden use and not enclosed in a structure shall be included in the calculation of required yards. Trellises, raised beds, and frames used to assist in the growing of plants and shrubs shall not be considered as structures within the meaning of this Section.
- Composting. Composting shall be limited to plant materials generated on the site, and plant-based food waste and non-vegetative materials such as wood chips, pre-composted materials, or soil to enhance these plant materials. Compost piles shall be set back at least 10 feet from all property lines and shall be covered or enclosed to prevent migration of compost materials due to wind, slope, or water-based erosion. Compost piles shall not exceed 5 feet in height, and compost piles within three feet of any building entry shall not exceed three and one half feet in height. The amount of compost materials on-site at any given time shall not exceed 20 cubic yards.
- Water. Water for purposes of maintaining the garden or plant stock and for dust suppression shall be available on the site, either in the form of a water collection system or an on-site or off-site connection to the local water service.
- Nuisances. Market gardens and retail nurseries shall be operated so as not to create a nuisance condition for adjacent properties due to vibration or odor. Dust and noise shall be managed consistent with state law and local ordinance and visible fugitive dust crossing property lines shall be corrected by sprinkling with water. The premises shall be kept free of debris at all times.
- Hours of Operation. Market gardens and retail nurseries shall only be permitted to be open to the public during the hours of 8 am and 8 pm. Gardening activities conducted outside of the hours of 8 am to 8 pm shall be conducted in a manner that do not constitute a nuisance.
- Fences. Fences shall not exceed six feet in height. shall be at least 50% open if they are taller than four feet and shall be constructed of wood, wood-wire combination, or ornamental metal.
- Roadside Stand.
- Principal or Accessory. A roadside stand may be a principal or accessory use.
- Products Grown On-Site. Any products for sale shall be raised, produced, and processed on the premises.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.07.3 Residential
The following standards apply to residential uses that are Conditional or Permitted with Limitations in Article 158.02, Character Districts, and in Table 03.06.3, Permitted Uses by District.
- A.
- 1.Number. No more than one addiction treatment facility may be permitted per each 25,000 persons residing in the city according to the most recent City estimate.
- 2.Facilities. The facility shall provide for staff offices, sleeping space, meeting rooms, bathrooms, and kitchen and dining facilities.
- 3.Supervision. Twenty-four hour, on-site staff supervision shall be provided.
- 4.Tenure. Adults may not reside at the facility for more than 18 consecutive months.
- 5.Licensure. Licensure for the program operated at the facility shall be obtained in accordance with Non-Medical Alcohol Treatment and Education Center regulations, 908 KAR 1:230 and 240.G, or as amended. Facilities are appropriate only when the above criteria can be met, unless clear and convincing evidence is presented that deleterious impacts involving noise, traffic, safety, or property values will result from the establishment of a facility at a particular location.
- B.Dwelling, Two Family. In the SR district, two-family dwellings are only permitted in Cluster or Planned Neighborhoods per Sec. 04.08.2, Cluster, Planned, and Tiny House Neighborhoods.
- C.Manufactured Home Park.
- 1.Accessory Uses and Structures. The following accessory uses and structures related to and for the exclusive use of the residents of the manufactured home park (excluding, however, any commercial uses) are permitted:
- a.Rental or sales offices for lots or mobile homes in the mobile home park;
- b.Community centers; and
- c.Laundry facilities.
- 2.Minimum Site Area. The minimum site area is 10 acres. However, development of a smaller tract adjacent to an existing mobile home park is permitted if the proposed development conforms to and extends the original development as if the new area had been a part of the original development.
- 3.Building Separation. Manufactured homes shall be separated from each other and from other buildings and structures by a minimum of 15 feet on the sides and shall have an end-to-end clearance of 10 feet.
- 4.Common Open Space. A minimum of 20 percent of the total acreage of the proposed manufactured home park shall be retained as common open space and recreation area and dedicated to a public or private entity for operation and maintenance. Such open space and recreation areas shall be physically situated so as to be readily accessible, available to, and usable by all residents of the mobile home park. Common open space and recreation area is that part of the total project, exclusive of dwellings, streets, parking areas, single-family lots, commercial areas, and other non-open space and non-recreationally oriented facilities.
- 5.Installation. Mobile homes shall be installed in accordance with KRS 227.570, et seq., or as amended, by a Kentucky certified installer.
- D.Nursing Home or Residential Care Facility.
- 1.Occupancy Limit. The use shall not provide full time overnight care for more than 16 residents.
- 2.Bufferyard. In the RR and SR districts, the use shall be separated from single-family uses by a Type II bufferyard per Sec. 04.12.5, Bufferyards.
- E.
- 1.
Registration and Licensing. The short-term rental host shall obtain a Short-Term Rental Dwelling License from Code Enforcement, and obtain an occupational/business license from the City.
- 2.Host Occupation. Where permitted with host occupation required, a short-term rental property shall be the host’s primary residence for a minimum of 183 days per calendar year in order to be considered a host occupied short-term rental. a host occupied short term rental shall be validated in accordance with ORD 127.
- 3.Prohibitions. A short-term rental is not permitted on the same property as any of the following:
- a.
Any Overnight Accommodations use type;
- b.
Sober living; or
- c.
Any Group Living use type.
- 4.
Tenure. A short-term rental tenant shall not stay more than 29 consecutive days in duration.
- F.Youth Shelter.
- 1.Number. No more than one youth shelter may be permitted per each 25,000 persons residing in the city according to the most recent City estimate.
- 2.Occupancy. Maximum occupancy may not exceed one person per 125 square feet of gross floor area in the building or one person per 250 square feet of lot area, whichever is the lesser.
- 3.Supervision. Twenty-four hour, on-site adult supervision shall be provided.
- 4.Negative Impacts. Youth shelters are appropriate when and where the above criteria can be met, unless the Board of Architectural Review and Development (BOARD) finds that clear and convincing evidence is presented that deleterious impacts involving noise, traffic, safety, or property values will result from the establishment of a shelter at a particular location.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 6/11/2024
Sec. 03.07.4 Public and Institutional
The following standards apply to public and institutional uses that are Conditional or Permitted with Limitations in Article 158.02, Character Districts, and in Table 03.06.3, Permitted Uses by District.
- Day Care. Licensed (child) day-care centers (Day Care Type 1 and Day Care Type 2) shall comply with all applicable standards for such uses, as set forth by the Kentucky Cabinet for Health Services, Division of Regulated Child Care.
- Chiropractor, or Acupuncture, Medical or Dental Clinic.
- Floor Area. The maximum floor area shall be 2,000 square feet.
- Exterior Design (SU & TUR Districts only). The building shall remain or shall be constructed so that the exterior design and ornamentation is of residential character in keeping with the immediate neighborhood, and so that there is no evidence from the street that the use is other than residential (except for the permitted sign).
- Number of Employees. A maximum of three employees, including the medical professional, shall be permitted.
- Social Service.
- Waiting Area. Social Services shall provide indoor waiting areas for clients. The waiting area shall be large enough to accommodate the clients arriving for services.
- Public Transit. Such facilities shall be located on or near a collector or arterial street with reasonable access to public transportation.
- Capacity Limitations. Where permitted as a Conditional Use, the Board of Architectural Review and Development (BOARD) may limit the maximum capacity based on presented evidence of best practices and safety standards.
- Transient Lodging or Shelter for the Homeless.
- Client Hours. The use shall allow clients to come and go only between the hours of 7 AM and 10 PM.
- Number of Clients. The BOARD may limit the number of clients that the use may accommodate at any one time.
- Number. No more than one such use may be permitted per each 13,000 persons residing in the city according to the most recent City estimate.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.07.5 Commercial and Office
The following standards apply to commercial and office uses that are Conditional or Permitted with Limitations in Article 158.02, Character Districts, and in Table 03.06.3, Permitted Uses by District.
- Bar or Tavern.
- Accessory Sale of Alcohol for Off-Premises Consumption. The accessory sale of alcohol for off-premises consumption may be permitted if the following criteria are met:
- The seller shall have valid state and local ABC permits authorizing the sale of package liquor; and
- The floor area used for the sale of package liquor shall be no larger than 10% of the floor area of the seating area of the primary use or 100 square feet; whichever is less.
- Semi-Urban Residential (SU) Districts. Where permitted with limitations ("L") in the SU district, a bar or tavern shall only be located within a Corner Store building type or a Mixed-Use Building type that is on a lot immediately adjacent to an intersection of two non-alley public rights of way.
- A new bar or tavern may not be established within 500 feet of a pre-existing sober living home or sober living facility.
- Accessory Sale of Alcohol for Off-Premises Consumption. The accessory sale of alcohol for off-premises consumption may be permitted if the following criteria are met:
- Bed and Breakfast Inn.
- Parking. Parking shall be provided in accordance with Division 11, Parking, Loading, and Circulation, except where the applicant demonstrates to the satisfaction of the Administrator or, where required, the Board of Architectural Review and Development (BOARD) that on-street parking is readily available.
- Dining. Food service may be provided for resident guests only.
- Body Art Service. No new body art service establishment may be located within 500 feet of a lot containing an existing body art service establishment.
- Currency Exchange (Check Cashing Business) or Payday Loan Business. No new currency exchange or payday loan business may be established within 1,500 feet of a lot containing an existing currency exchange or payday loan business.
- Entertainment, Indoor. Indoor entertainment uses shall have no openings other than stationary windows and fire exits within 50 feet of any SR or RR district.
- Entertainment, Outdoor.
- Bufferyard. Per Sec. 04.12.5, a Type III bufferyard shall be required adjacent to any abutting residential district or residential use.
- Lighting. After-hours lighting shall be limited to that necessary only for security purposes and shall not spill over onto adjacent properties.
- Fuel Sales (Retail).
- Setback. All gasoline pumps shall have a minimum front-yard or corner side-yard setback of 25 feet.
- Bufferyard. Per Sec. 04.12.5, a Type III bufferyard shall be required adjacent to any abutting residential district or residential use.
- Canopies. Fuel pump canopies shall be connected to or integrated into the architectural design of the building in terms of color, cladding, roofing, and roof pitch.
- Trucks. Refueling or delivery trucks shall not take ingress and egress from an urban local street as designated in the Kenton County Comprehensive Plan.
- Mini-Warehouse.
- Arterial Street. The site shall be adjacent to an arterial street as designated in Kenton County Comprehensive Plan.
- Site Area. The site shall have a minimum area of two acres. This requirement does not apply to a Mini-Warehouse established as an accessory use to a separate permitted primary use.
- Accessibility. All storage units shall be accessible from inside the building.
- Office or Retail Repair, Sales, and Service.
- SU and TUR Districts. Within the Semi-Urban Residential (SU) or Traditional Urban Residential (TUR) character districts, the following restrictions apply:
- Floor Area. The maximum floor area shall be 2,000 square feet.
- Building Type.
- If associated with a permitted residential building type, the building shall remain or shall be constructed so that the exterior design and ornamentation is of residential character in keeping with the immediate neighborhood, and so that there is no evidence from the street that the use is other than residential (except for the permitted sign).
- If associated with a Corner Store building type, an office use type may be on the first floor or an upper floor; a retail repair, sales, and service use type may be located on the first floor.
- Drive-In or Drive-Through Facilities. Where a drive-in or drive-through facility is permitted and provided within or adjacent to a residential or mixed-use character district, the following standards apply:
- A Type III, IV, or V bufferyard, in accordance with Sec. 04.12.5, Bufferyards, shall be provided between a drive-in or drive-through facility and adjacent or abutting properties that include a residential use.
- Drive-in or drive-through facilities may be located only in interior side or rear yards.
- Loudspeakers and similar instruments shall not be located within 50 feet of any property that includes a residential use.
- SU and TUR Districts. Within the Semi-Urban Residential (SU) or Traditional Urban Residential (TUR) character districts, the following restrictions apply:
- Pawn Shop.
- Distance. No new pawn shop may be established within 1,500 feet of an existing pawn shop.
- Enclosed Building. All activities shall be conducted within a completely enclosed building.
- Outdoor Storage or Display. No outdoor storage or display is permitted.
- Package Liquor. No new package liquor establishment may be located within 500 feet of a lot containing an existing Sober Living Facility or Sober Living Home.
- Restaurant or Restaurant Drive-in or Drive-through.
- Accessory Sale of Alcohol. The accessory sale of alcohol for off-premises consumption is permitted if the following criteria are met:
- The seller shall have valid state and local ABC permits authorizing the sale of package liquor; and
- The floor area used for the sale of package liquor shall be no larger than 10% of the floor area of the seating area of the primary use or 100 square feet; whichever is less.
- Drive-In or Drive-Through Facilities. Where a drive-in or drive-through facility is permitted and provided within or adjacent to a residential or mixed-use character district, the following standards apply:
- A Type III, IV, or V bufferyard, in accordance with Sec. 04.12.5, Bufferyards, shall be provided between a drive-through or drive-in facility and adjacent or abutting properties that include a residential use.
- Drive-in or drive-through facilities may be located only in interior side or rear yards.
- Loudspeakers and similar instruments shall not be located within 50 feet of any property that includes a residential use.
- Accessory Sale of Alcohol. The accessory sale of alcohol for off-premises consumption is permitted if the following criteria are met:
- Sexually Oriented Business.
- General. The City Commission, along with Kenton County and other municipalities in the county, has adopted ordinances regulating sexually oriented business. In the ordinance adopted by the City Commission regulating the the use of sexually oriented businesses, the City Commission set forth numerous findings regarding these businesses, including the finding that such businesses may have primary and secondary effects involving crimes related to the activities in these establishments, especially prostitution and crimes of violence. The City Commission found that the location and design of such businesses are important variables in the nature and extent of adverse secondary effects of sexually oriented businesses on the community and that location and design are among the types of issues that are typically addressed through land use regulation, which this Section implements.
- Prohibited Uses. The following uses are prohibited in the City of Covington and county-wide under Kenton County Ordinance No. 451.9 if the City of Covington's ordinance is repealed. No Zoning Permit may be issued for the following prohibited uses:
- Sexually oriented motion picture arcade or booth;
- Sexually oriented encounter center;
- Sexually oriented motel;
- Sexually oriented massage parlor or any business offering massages that is operated by a person who is not licensed as a massage therapist in accordance with the provisions of KRS 309.350 et seq.;
- Sexually oriented modeling studio;
- Sexually oriented nude modeling studio; and
- Sexually oriented escort bureau.
- Permitted Uses. The following uses are permitted if they hold an approved Zoning Permit and a valid License approved by Section 111.600 et seq. of the Covington Code of Ordinances or under the county-wide Kenton County Ordinance No. 451.9 if the City of Covington’s ordinance is repealed:
- Media store with some sexually oriented media (not subject to licensing);
- Sexually oriented media store;
- Sex shop;
- Service oriented escort bureau;
- Sexually oriented motion picture theatre; and
- Sexually oriented cabaret or theatre.
- Permitted Districts.
- A media store carrying some sexually oriented media is permitted in any character district where other Retail Repair, Sales, and Service establishments are permitted.
- A sexually oriented media store, sex shop or service oriented escort bureau is permitted in the following districts:
- DTC, Downtown Core; and
- AUC, Auto Urban Commercial
- A sexually oriented business featuring on-premise entertainment such as sexually oriented motion picture theatre, cabaret, or theatre is permitted in the following character districts:
- DTC, Downtown Core;
- AUC, Auto Urban Commercial;
- LI, Limited Industrial; and
- GI, General Industrial.
- Zoning Permit. A sexually oriented business is required to obtain a Zoning Permit and a Sexually Oriented Business License. The applicant shall apply for a Zoning Permit first and a Kenton County License second.
- Permitted Districts.
- Separation Standards.
- Separation Distances.
- Minimum required distances between specified uses, buildings, or properties shall be calculated per Sec. 09.28.7, Distance Between Uses and Buildings.
- No retail-only sexually oriented business (sexually oriented media store or sex shop) or service oriented escort bureau may be located within 500 feet of a residential use or district or within 500 feet of a Civic use in any other district.
- No sexually oriented business offering on-premise entertainment (sexually oriented motion picture theatre, cabaret or theatre) may be located within 1,000 feet of a residential district or within 1,000 feet of a Civic use.
- No sexually oriented business may be located within 1,000 feet of any other sexually oriented business. The separation is required regardless of whether it is located within the City or within the County.
- Single Use. There may be no more than one type of sexually oriented business at any one location.
- Nonconformity. No legally established and permitted sexually oriented business will become nonconforming through subsequent establishment of a Civic use; nor may a Zoning Permit for a sexually oriented business be denied based on the filing of a Zoning Permit application for a residential or Civic use after the filing of such application for a sexually oriented business.
- Separation Distances.
- Standards for Parking. Table 03.07.5, Sexually Oriented Business Parking Ratios, establishes minimum and maximum parking requirements for such businesses.
- Separation Standards.
Table 03.07.5, Sexually Oriented Business Parking Ratios | ||
| Use | Minimum Spaces Required | Maximum Spaces Allowed |
| Sexually oriented media store, sex shop or service oriented escort bureau | 1 / 300 sf. GFA | 1 / 200 sf. GFA |
| Sexually oriented cabaret or theatre | 1 / 150 sf. for dancing or assembly area, or 1 / 4 persons based on design capacity, whichever is greater + 1 / 2 employees | 1 / 100 sf. for dancing or assembly area, or 1 / 3 persons based on design capacity, whichever is lesser + 1 / employee |
| Sexually oriented motion picture theatre | 1 / 4 seats based on maximum seating capacity + 1 / 2 employees | 1 / 3 seats based on maximum seating capacity + 1 / employee |
| Notes: sf. = square feet; GFA = Gross Floor Area | ||
- Standards for Exterior Lighting.
- Exterior lighting of the entries and private parking areas shall be a minimum of 15 footcandles as measured 3 feet from the ground or paving.
- For a business on a single lot or parcel, no lighting may illuminate any property not in control of the business by more than 5 footcandles as measured at the nearest adjacent property.
- Individual Business Standards.
- Service Oriented Escort Bureau. A service oriented escort bureau shall be subject to the following additional standards:
- Room Size. The establishment shall operate all business in an open area of at least 600 square feet of gross floor area. No walls, dividers, curtains, screens, shades or other similar devices may be used to obscure any part of the room where customers are located.
- Lighting. The area occupied by customers shall be well lit at alighting level of least 30 footcandles measured three feet from the floor.
- Media Store with Some Sexually Oriented Media. A retail book, video or other media store that has sexually explicit media that constitutes more than 10 percent but not more than 40 percent of its inventory or that occupies more than 10 percent but not more than 40 percent of its public gross floor area is not classified as a sexually oriented business but is subject to the following standards:
- Separate Room. The sexually explicit media shall be kept in a separate room from the rest of the inventory of the store and may not visible outside the room.
- Age Limit. Persons under 18 years of age may not have access to sexually explicit media.
- Access. Access to the room shall be through a solid door, accessed by an electronic control device monitored by the clerk or manager on duty through direct visual control.
- Visibility. Customers and activities in the room shall be visible at all times to the clerk or manager on duty through a video system located at the clerk’s or manager’s counter.
- Lighting. The area occupied by customers shall be well lit at alighting level of least 30 footcandles measured three feet from the floor.
- Sexually Oriented Media Store or Sex Shop. A sexually oriented media store or sex shop is subject to the following additional standards:
- Room Size. The establishment shall operate all business in an open area of at least 600 square feet of gross floor area.No walls, dividers, curtains, screens, shades or other similar devices may be used to obscure any part of the room where customers are located.
- Displays. No displays of sexually explicit media or images may be visible from the exterior of the buildings.
- Lighting. The area occupied by customers shall be well lit at a lighting level of least 30 footcandles measured three feet from the floor.
- Sexually Oriented Motion Picture Theatre. A sexually oriented motion picture theater is subject to the following additional standards.
- Presentation Area. All screenings and presentations of motion pictures, videos or other media shall occur in a room open to all customers of the establishment and containing at least 1,000 square feet of gross floor area. No walls, dividers, curtains, screens, shades or other similar devices may be used to obscure any part of the room.
- Lighting. The lighting level in the area occupied by customers shall be at least 5 footcandles as measured at the floor.
- Seating. Seating shall consist of individual, theater-style chairs, with solid arms separating the chairs. No couches, benches, portable chairs, beds, loose cushions or mattresses, or other forms of seating may be provided. Separate spaces for wheelchairs shall be provided in accordance with the applicable provisions of the building code and the Americans with Disabilities Act.
- Sexually Oriented Cabaret or Theatre. A sexually oriented cabaret or theater is subject to the following additional standards:
- Presentation Area. All entertainment shall occur in an unobstructed room of at least 600 square feet of gross floor area with a person in any part of such room having a clear view of all entertainment areas.
- Performance Stage. All entertainment shall take place on stage elevated at least 24 inches above the surrounding floor area, with a minimum area of 100 square feet, and with a horizontal separation of at least 60 inches between the edge of the stage and the nearest space to which customers have access—the horizontal separation shall be physically enforced by a partial wall, rail, or other physical barrier, which may be located either on the stage (to keep the entertainers back from the edge) or on the floor (to keep the customers back from the stage).
- Lighting.The lighting level in the area occupied by customers shall be at least 15 footcandles as measured three feet from the floor.
- Seating. Seating shall consist of chairs or open booths. No couches, beds, or loose cushions or mattresses, or of any form may be provided.
- Conflicts with Licensing Ordinance. If there are any conflicts between the requirements of this Section and the City’s licensing ordinance, the requirements of this Section control.
- Service Oriented Escort Bureau. A service oriented escort bureau shall be subject to the following additional standards:
- Individual Business Standards.
- Vehicle Repair, Major or Vehicle Service, Minor.
- Servicing. All servicing shall be conducted wholly within a completely enclosed building.
- Arterial Street. For Vehicle Repair, Major, the use shall be located on a lot adjacent to an arterial street, as identified in the Comprehensive Plan.
- Outdoor Storage. No outdoor storage of any material (usable or waste) is permitted except within enclosed containers.
- Vehicle Storage. No vehicle may be stored more than 10 days while awaiting repairs and shall only be stored on-site. Storage of such vehicles on public or private streets is prohibited.
(Ord. No. O-13-21, 09/28/2021; Ord. No. O-25-22, 11/29/2022)
Effective on: 11/29/2022
Sec. 03.07.6 Industrial
The following standards apply to industrial uses that are Conditional or Permitted with Limitations in Article 158.02, Character Districts, and in Table 03.06.3, Permitted Uses by District.
- Heavy Industrial, Less-Intense and Heavy Industrial, More Intense. All structures, excluding screening or vehicle use areas, shall be no closer than 200 feet from any residential structure.
- Limited and Conditional Light Industrial Uses. Except for Micro-Manufacturing.
- Mixed Use, AUC, and SO Districts.
- Outdoor Storage. No outdoor storage is permitted.
- Enclosed Use. The use shall be conducted wholly within enclosed buildings.
- Nuisance Mitigation. Where such buildings are located within 100 feet of any residential use, no openings facing a residential use are permitted other than stationary windows, fire exits, or garage doors that are open only when necessary to permit immediate vehicle access and then are immediately closed.
- Mixed Use, AUC, and SO Districts.
- Micro-Manufacturing. The maximum gross floor area of a micro-manufacturing facility in the mixed use districts shall not exceed 2,000 square feet.
- Mixed Use, AUC, and SO Districts.
- Outdoor Storage. No outdoor storage is permitted.
- Gross Floor Area. The gross floor area shall not exceed 5,000 square feet.
- DTC Districts. There is no gross floor area maximum for the DTC District.
- Nuisance Mitigation. Where such buildings are located within 50 feet of any residential use, no openings facing a residential use are permitted other than stationary windows, fire exits, or garage doors that are open only when necessary to permit immediate vehicle access and then are immediately closed.
- Mixed Use, AUC, and SO Districts.
- Salvage Yard. A salvage yard shall be setback from the centerline of any county, state, federal, or limited access highway or turnpike, including bridges and bridge approaches, a minimum of 2,000 feet unless a permit for such operation is obtained from the Kentucky Transportation Cabinet, in accordance with KRS 177.905 to 177.950, or as amended. Salvage yards shall be screened to from view of all adjacent properties and road rights-of-way with a Type III bufferyard per Sec. 04.12.5, Bufferyards.
- Waste Transfer Facility. All Waste Transfer Facilities in an Industrial character district shall be conditional uses. In addition to considerations pursuant to state law for requests for a conditional use permit, consideration shall also be given to market need, with an emphasis on whether the facility is being utilized for mandatory trash collection by ordinance, regulation or other, with an emphasis on whether it is serving as a facility for waste generated within the City of Covington.
- Minimum Lot Size. Due to the environmental impact of this use, a minimum lot size of 13 acres shall be required.
- Compliance With Other Statutes. Prior to approval for operation, the facility/operation must be compliant with all Solid Waste Statutes, Ordinances and any other applicable regulation.
- Future Activity. Submittal for a conditional use permit shall also include an operational plan and all future activity conducted in accordance with the operational plan.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.07.7 Accessory Uses
- Associated Principal Uses. Except as otherwise expressly provided in this NDC, accessory uses are permitted in connection with any lawfully established principal use according to the accessory uses associated with each use type defined in Article 158.09, Definitions and Calculations. Unless otherwise expressly stated, accessory uses are subject to the same regulations as the principal use.
- Subordination. The accessory use shall be subordinate to and serve a primary use.
- Commercial Use. Accessory structures located on residentially zoned or used property shall not be used for commercial purposes other than home occupations that comply with this Section.
- Same Property. An accessory use shall be located on the same parcel or lot as the primary use.
- ADU Types. There are two types of ADUs: (1) integrated ADUs, and (2) detached ADUs.
- Integrated ADUs.
- Integrated ADUs are located within a permitted building and shall comply with the building placement standards for the permitted and associated principal building type.
- Integrated ADUs may be established by dividing space within a principal building (Figure 03.07.7-1, Integrated Basement ADU), or by adding floor area to an existing building (Figure 03.07.7-2, Integrated Rear Addition ADU). Integrated ADUs may be accessed from within the principal building or from outside, according to the standards of this Section.
- Integrated ADUs appearance:
- Integrated ADUs shall not involve design modifications to the exterior of the principal building that make their presence obvious.
- Where exterior doors provide direct access to the integrated unit, such doors shall be designed, located, and configured in a manner that is typical for secondary access to a residential dwelling (e.g. side doors, French doors, etc.).
- Any exterior stairs that would serve as the primary entrance to the ADU shall be located on the side or rear of the principal structure and are prohibited from being located on the front of the principal structure.
- If a principal building is expanded to accommodate an integrated ADU, the expansion shall be designed in a manner that is comparable to the principal building.
- Only one entrance may be located on the front facade of the principal building facing the street unless the building contained additional front entrances prior to the ADU's construction.
- Detached ADUs.
- Detached ADUs are dwelling units that are located inside of an accessory structure, such as a detached residential garage, and are permitted within Carriage Houses that comply with the standards in Subsec. 04.08.3.C, Carriage House.
- Where an improved alley adjacent to the lot exists, vehicular access to the ADU shall take place from the alley.
- Generally, access to second floor units shall be from internal stairs. External stair may be permitted where they are not located parallel to an interior side property line or where the Administrator determines that screening features are in place to protect the privacy of an adjacent lot's side yard.
- In the RR, SR, and mixed-use districts, where a detached ADU is proposed, the owner of the subject property shall live in either the principal residence or the ADU.
- Prohibited Locations. ADUs may not be established within manufactured homes or structures and vehicles that do not have a permanent foundation, including, but not limited to recreational vehicles, travel trailers, or campers.
- Maximum Floor Area of the ADU.
- Measurement. The floor area is measured as the area within the ADU itself and does not include areas of an accessory building that are used for other purposes, such as a detached garage or a workshop that is not incorporated into the ADU.
- Standard. The floor area of an ADU shall not exceed 50 percent of the total square footage of the principal residential building to which it is accessory, or 1,000 square feet, whichever is less.
- Required Parking for ADUs. In the RR and SR districts, in addition to the parking requirements for the principal residential use set out in Sec. 04.11.3, Required Parking Ratios, one off-street parking space for the ADU shall be provided.
| Figure 03.07.7-1, Integrated Basement ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located in a basement. |
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| Figure 03.07.7-1, Integrated Basement ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located in a basement. |
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| Figure 03.07.7-1, Integrated Basement ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located in a basement. |
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| Figure 03.07.7-1, Integrated Basement ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located in a basement. |
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| Figure 03.07.7-2, Integrated Rear Addition ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located at ground level, behind the principal residence. |
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| Figure 03.07.7-2, Integrated Rear Addition ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located at ground level, behind the principal residence. |
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| Figure 03.07.7-2, Integrated Rear Addition ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located at ground level, behind the principal residence. |
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| Figure 03.07.7-2, Integrated Rear Addition ADU |
| Illustrated below is an integrated ADU (shown in yellow) that is located at ground level, behind the principal residence. |
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- Family Daycare. In addition to the standards in Subsection F, Home Occupations, below, a family daycare is permitted with a maximum of six clients at any given time.
- Home Occupations. A home occupation is permitted in association with a permitted or nonconforming residential use subject to the following standards.
- Employees. No persons other than members of the household residing in the premises may be engaged in such operation.
- Maximum Floor Area. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Not more than 50 percent of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) may be used in the conduct of the home occupation.
- Outside Appearance. A home occupation may not change the outside appearance of the building or premises in which it is located and no visible evidence of the conduct or activity of a home occupation may be seen from the exterior of the building that is being utilized in part for any purpose other than that of a dwelling unit, except that a name plate may be permitted, as regulated by Division 13, Signs.
- Accessory Structures. Home occupations may be conducted only within the dwelling unit or within an accessory structure the complies with the relevant provisions of this NDC, including, but not limited to Sec. 04.08.4, Accessory Structures.
- Parking. Home occupations may not displace any required off-street parking spaces.
- Outdoor Storage. There shall be no exterior storage of any materials on the premises.
- Retail Sales. The in-person retail sale of goods is not permitted on the premises in connection with such home occupation.
- Traffic and Deliveries. No traffic may be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood. The occupation shall not require the daily delivery or shipment of materials, merchandise, goods, or equipment by vehicles other than passenger motor vehicles.
- Nuisances. No equipment or process that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot in which the dwelling is located may be used in such home occupation. In the case of electrical interference, no equipment or process that creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises, may be used.
- Overnight Animal Boarding. Indoor overnight animal boarding as an accessory use to a Restaurant use type is permitted subject to approval by the Northern Kentucky Health Department prior to receipt of a Zoning Permit or any other approval from the City. Outdoor overnight animal boarding is prohibited.
- (Reserved)
- Outdoor Display and Outdoor Storage.
- Outdoor Display. Outdoor display areas are permitted in the mixed use districts and the AUC district subject to the following standards:
- Location of Display Area. Outdoor display / sales areas shall be contiguous, located entirely on private property, and outside of any required setback, unless otherwise specified below. In districts without required setbacks, outdoor display areas may not be located within 10 feet of any street-facing lot line.
- Maximum Size. Except for vehicle-sales uses, outdoor sales areas may not exceed 15 percent of the floor area of the uses they serve, unless otherwise expressly stated in this NDC.
- Location of Merchandise. Merchandise may not be displayed where it will encroach upon parking areas, driveways, walkways, sidewalks, or landscaped areas, unless otherwise specified below. Merchandise may not obstruct sight distance or otherwise create hazards for vehicular or pedestrian traffic.
- Height of Merchandise. Individual items displayed may not exceed 10 feet in height above grade. Stacked items may not exceed a total of six feet in height above grade.
- Litter. A permanent trash receptacle shall be installed at each entrance and exit to an outdoor display area.
- Screening. All outdoor display shall be screened from adjacent public streets by decorative solid walls, fences, or landscaped berms that are at least three feet in height and located in a landscaped area at least 10 feet in width adjacent to a street property line, unless otherwise expressly stated in this NDC.
- Exception. Only merchandise for sale may be permitted to encroach in the sidewalks within the mixed use districts with the following restrictions:
- Displays are limited to the area directly in front of a commercial establishment offering the items for sale.
- Merchandise and supporting structures shall not project more than four feet from the front of the structure housing the retail operation.
- Displays shall not obstruct ingress or egress to any entrances or exits of the retail business structure or adjoining buildings or properties.
- Merchandise may not be displayed more than one half-hour prior to opening of the business and shall be removed within one-half hour after closing the business each day. Notwithstanding the above, no merchandise can be displayed before 6 a.m. or after 10 p.m.
- No such displays shall engage the use of electricity, nor shall such displays be animated or use lights or noise-making devices.
- Placement of merchandise shall be in compliance with the Americans with Disabilities Act and any similar applicable regulations. A walking space at least four feet wide shall be provided.
- Merchandise displays may not contain vending machines, liquor, beer, wine, or any other alcoholic beverages, tobacco, fireworks, any item which a minor is prohibited from purchasing, or any other item restricted by a fire code or other law. No merchandise requiring a separate permit or license shall be displayed unless the permit or license is in place.
- Outdoor Storage. Outdoor storage areas are permitted in the industrial districts subject to the following standards:
- SI District.
- Locations. Outdoor storage may take place adjacent to principal buildings in side or rear yards, provided that all minimum setback depths are maintained.
- Surfacing and Drainage. All outdoor storage facilities, except for those in the GI district, including access aisles, driveways and maneuvering areas, shall be composed of an all-weather surface.
- Buffering and Screening. Outdoor storage areas shall be screened from the public right-of-way and from adjacent properties with a Type III bufferyard per Sec. 04.12.5, Bufferyards, together with a fence or wall that is a minimum of six feet and a maximum of eight feet in height.
- Height of Storage. In no case may the height of products or materials being stored exceed the height of screening.
- Area of Storage. The total square footage of such storage areas may not exceed 50 percent of the gross floor area of the principal building on the site.
- LI and GI Districts.
- Location. Outdoor storage may take place within side and rear yards of the property provided that the storage of materials, supplies, and products are within an area screened from view at the nearest district boundary with a Type III bufferyard per Sec. 04.12.5, Bufferyards.
- Surfacing and Drainage. In the GI district, access aisles and maneuvering areas of enclosed outdoor storage areas may be composed of gravel.
- Exemptions. The following types of outdoor storage are exempt from the screening requirements of this Section:
- Retail planting stock and landscape stone or similar landscape materials, associated with a nursery or greenhouse;
- Commercial vehicles related to a permitted business on-site; and
- Finished recreational vehicles, automobiles, portable buildings, boats, trailers, manufactured homes and other similar vehicles or equipment sold by a permitted use on-site.
- SI District.
- Outdoor Display. Outdoor display areas are permitted in the mixed use districts and the AUC district subject to the following standards:
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021
Sec. 03.07.8 Temporary Uses
- Temporary Use Permit. Any operator of a temporary use shall receive and display a valid temporary use permit from the Administrator.
- Duration. The maximum duration of a temporary use is for 30 days at one location, renewable up to two additional times, for a total period of 90 days per calendar year at a single location.
- Property Owner's Permission. The operator of a temporary use shall obtain, in writing, the permission of the property owner to operate on his or her property and shall submit a copy to the Administrator.
- Required Principal Use. Establishment of a temporary use requires a permanent principal use.
Unlisted Temporary Uses. Sec. 03.06.2, Unlisted or Functionally Similar Uses, regulates the Zoning Permit review standards and procedure for an unlisted.
- Public Convenience and Litter Control.
- Waste equipment shall be required on-site and the Administrator may require adequate public restroom facilities.
- After the temporary use is finished, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City.
- Sales Tax or Tax Exemption. The applicant shall have a valid Kentucky sales tax certificate or proof of tax exemption.
- Code Violations. If the operator of a temporary use is issued a notice of any municipal code violation at the location assigned for the permit, then the operator or their agent(s) are not eligible to renew the permit at that location for a period of one year.
- Other Codes. The temporary use shall meet all applicable local and state codes.
- Temporary Structures. Refer to Sec. 04.08.5, Temporary Structures, for provisions related to the placement and design of temporary structures.
- Boat Docking Facilities. Temporary or seasonal boat docking areas may not include permanent year-round mooring or boat fueling service or repairs.
- Mobile Food Vending Service. All mobile food vending services permitted with limitations ("L") shall comply with the following standards:
- The mobile food vending service shall not be located in any required setback, sight distance triangle, or buffer.
- Any operator of a mobile food vending service must receive and display a valid zoning compliance permit from the Zoning Administrator.
- The operator of a mobile food vending service shall obtain, in writing, the property owner's permission to operate on the property and shall submit a copy to the Zoning Administrator with their application for a zoning permit.
- The mobile food vendor must meet all applicable local and state laws, rules, regulations and ordinances, including but not limited to the Mobile Food Unit Regulations and permitting requirements in the Covington Code of Ordinances Sections 111.550 to 111.558, or as amended.
- Mobile Retail Vending Service.
- Permitted Uses. Only those uses in the Retail Repair, Sales, and Service use type that are permitted without limitations ("P") in Table 03.06.3 are permitted as mobile retail vending services. Other uses in this use type that are permitted with limitations ("L") or conditionally ("C") are prohibited as a mobile retail vending service.
- Location. The mobile vehicle/structure shall be located in a vehicle parking space and shall not occupy or obstruct use of any accessible parking space required in Subsec. 04.11.4.D, ADA Parking.
- Hours of Operation. The hours of operation are generally permitted between 7:00 am and 11:00 pm, but are limited to no earlier than 9:00 am and no later than 7:00 pm when the mobile retail vending service is within 150 feet of a residential character district, such as Rural Residential (RR), Suburban Residential (SR), or Semi-Urban Residential (SU).
- Signage. One temporary sidewalk sign is permitted per the stipulations in Sec. 04.13.5.D, Temporary Signs.
- Temporary Vendor. Temporary vendors are subject to the following standards:
- Permitted Uses. A proposed temporary vendor use shall only be permitted if it is permitted within the same character district as a non-temporary use.
- Location. Temporary vendors shall be located a minimum of 10 feet from all property lines.
- Fireworks. Temporary firework vendors are allowed only as permitted in KRS 227.715, or as amended.
- Number of Vendors. There shall be only one temporary vendor permitted to operate on a property.
- Public Right-of-Way. No signs, merchandise, or other elements of a temporary vendor service shall be located in the public right-of-way.
(Ord. No. O-13-21, 09/28/2021)
Effective on: 10/6/2021