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Covington City Zoning Code

ARTICLE 158

06 Administration

Division 19 Administrative Bodies

Contents:

Sec. 06.18.1 Purpose

The purpose of this Article is to set out the roles and responsibilities of the administrative bodies under this NDC. 

Effective on: 10/15/2020

Sec. 06.19.1 Covington Board of Commissioners

  • Generally.  The Covington Board of Commissioners (Commission) is the duly elected legislative body of the City of Covington, including the Mayor and the Commissioners.
  • Powers and Duties. The Commission shall have the authority to make final decisions on the development review applications outlined in Table 07.20.2-1, Summary of Procedures. 

    • Effective on: 10/15/2020

    Sec. 06.19.2 Planning Commission (County)

  • Powers and Duties Relative to Matters in this NDC. The Kenton County Planning Commission (KCPC) shall have the authority to make recommendations and final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures.
  • Powers and Duties Relative to Matters Outside this NDC. In addition, the KCPC is charged with the responsibilities assigned in KRS 100.  
  • Rules of Procedure. The Planning Commission may establish its own rules of procedure, provided that such shall not be in conflict with the laws applicable to the Planning Commission. In the event of a conflict between the rules of procedure and this NDC, the lawful rules of procedure shall prevail. 

    • Effective on: 10/15/2020

    Sec. 06.19.3 Board of Architectural Review and Development (City)

  • A.
    Established. This Section establishes a Board of Architectural Review and Development (BOARD) in accordance with and controlled by the provisions of KRS 100.217 to 100.271, the provisions of 36 CFR Part 61.6, and the provisions of the Kentucky Certified Local Government Program Manual.
  • B.
    Purpose. The BOARD is established for the purposes of:
    1. 1.
      Performing the duties and responsibilities placed upon it by the above statutes and applicable sections of the Covington Neighborhood Development Code; and
    2. 2.
      Holistically applying the regulations of the Neighborhood Development Code and, where applicable, the Historic Covington Design Guidelines, the 12th Street Corridor Design Guidelines, and other similar guidelines that may be adopted by the Covington Board of Commissioners, to development within the City of Covington; and
    3. 3.
      Encouraging preserving, rehabilitating, and preventing destruction of Covington's buildings, sites, and districts of cultural, architectural, historic, and/or archaeological significance; and
    4. 4.
      Contributing to the stabilization and improvement of property values by encouraging rehabilitation, adaptive reuse, and new construction that will be harmonious with the unique contexts of Covington's neighborhoods; and
    5. 5.
      Regulating development not as a museum but as a vibrant, evolving place with a mixture of people and ideas in which each succeeding generation may grow from the legacy investments in Covington and build with the quality, sensitivity, and long-term view of past generations; and
    6. 6.
      Acting as a liaison on behalf of the City of Covington to individuals and organizations concerned with historic preservation, good context-sensitive design, adaptive reuse and modernization of historic resources, and furthering the education of the public regarding historic preservation issues and concerns; and
    7. 7.
      Deciding on applications for dimensional variances, conditional use permits, change of non-conforming uses, Certificates of Appropriateness (COAs), and appeals of decisions made by the Zoning Administrator, as specified in the Covington Neighborhood Development Code.
  • C.
    Board Size and Appointments. The BOARD shall consist of seven members who shall be appointed by the Mayor with approval by the Board of Commissioners.
  • D.
    Member Qualifications. At least two board members shall be preservation-related professionals (experienced practitioners in fields such as but not limited to architecture, history, archaeology, architectural history, planning, urban planning, or related fields). At least three additional members shall have a demonstrated interest in historic preservation. No more than two of the seven members may also serve as members of the Kenton County Planning Commission. In addition to two out of the seven total seats being at-large, the Mayor may select:
    1. 1.
      One member from a list of names submitted by the local chapter of the American Institute of Architects, the local chapter of the American Planning Association, or the Kentucky Heritage Council; and
    2. 2.
      One member from a list of names submitted by the Kentucky Real Estate Commission or the Kentucky Real Estate Appraisers Board; and
    3. 3.
      One member from a list of names submitted by the Covington Business Council, the Latonia Business Association, or Renaissance Covington; and
    4. 4.
      Two members who are residents of a Historic Preservation Overlay zone or a KRS Chapter 99 Development Plan area.
  • E.
    Terms of Office. The term of office for members of the BOARD shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years, respectively. After the initial appointments, all new appointments and re-appointments shall be made for four-year terms unless an appointee is completing the term of a vacated seat.
  • F.
    Vacancies. Vacant seats on the BOARD shall be filled within 60 days of the vacancy. When a vacancy occurs other than through expiration of the term of office, that seat shall be appointed for the remainder of that term.
  • G.
    Quorum. A simple majority of the total seats of the BOARD shall constitute a quorum.
  • H.
    Powers and Duties. The BOARD shall have the authority to make final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures.
    1. 1.
      In accordance with KRS 100.217 to 100.271, the BOARD shall act as the Board of Adjustment in hearing and deciding upon requests for Appeals of Administrative Decisions, Changes of Nonconforming Use, Conditional Use Permits, and Variances, as indicated in Table 07.20.2-1, Summary of Procedures; and
    2. 2.
      The BOARD shall review non-administrative applications for Certificates of Appropriateness and Design Waivers, as indicated in Table 07.20.2-1, Summary of Procedures; and
    3. 3.
      The BOARD shall review all proposed National Register of Historic Places nominations for properties within the City of Covington and submit recommendations to the Kentucky Heritage Council; and
    4. 4.
      The BOARD shall submit recommendations on amendments of the Historic Covington Design Guidelines and similar adopted guidelines to the Covington Board of Commissioners.
  • I.
    Appeals of BOARD Decisions. A decision by the BOARD shall be subject to appeal, as set forth in Sec 07.20.11.
  • J.
    Number of Meetings. The BOARD shall meet at least four times per year.
  • K.
    Continuing Education. Annual continuing education is required for BOARD members per KRS 147A.027 (also known as "Kentucky House Bill 55") and per the Kentucky Certified Local Government Program Manual.
  • L.
    Reporting. A written annual report of BOARD activities, cases, decisions, special projects and qualifications of the members, etc., kept on file and available for public inspection
  • M.
     Bylaws, Minutes, and Transcripts. Per KRS 100.221(3), the BOARD shall establish its own bylaws. Such bylaws shall be made public and shall not be in conflict with the laws applicable to the BOARD or the provisions of this NDC. The bylaws shall require that review decisions are made in a public forum, and that applicants are notified of meetings and advised of decisions. The bylaws shall further require keeping minutes and records of all proceedings, including regulations, transactions, findings, and determinations, and the number of votes for and against each question, and if any member is absent or abstains from voting, indicating the fact, all of which shall, immediately after adoption, be filed in the office of the board. Written minutes shall be available for public inspection. A transcript of the minutes of a board of adjustment shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.

    • (Ord. No. O-13-21, 09/28/2021)

    Effective on: 4/8/2025

    Sec. 06.19.4 Director of Public Works (City)

  • Powers and Duties Relative to Matters in this NDC. The Director of Public Works shall have the authority to make final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures. 
  • Powers and Duties Relative to Matters Outside of this NDC. In addition to the powers and duties set forth above, the Director of Public Works shall perform duties as outlined in the remainder of the City Code.

    • Effective on: 10/15/2020

    Sec. 06.19.5 Administrator (City)

  • Generally. The Administrator is a member of the City staff who is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications). 
  • Powers and Duties. The Administrator shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures and shall have the enforcement authority established in Sec. 08.24.2.B.1, Enforcement Officials.

    • Effective on: 10/15/2020

    Sec. 06.19.6 PDS Director (County)

  • Generally. The Director of Planning and Development Services (PDS) is a member of the Kenton County Planning Commission staff who is ultimately responsible for processing certain applications under this NDC to a final decision or making a recommendation to another review body. 
  • Powers and Duties. The Director shall have the authority to make recommendations on the development review applications denoted in Table 07.20.2-1, Summary of Procedures.

    • Effective on: 10/15/2020

    Sec. 06.19.7 Historic Preservation Officer (City)

  • Generally. The Historic Preservation and Planning Specialist, also referred to as the Historic Preservation Officer, is a member of the City staff who is ultimately responsible for processing an application to a final decision (in case of administrative review applications) or making a recommendation to another review body (in case of all other applications). 
  • Powers and Duties. The Historic Preservation Officer shall have the authority to make recommendations or final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures and shall have the enforcement authority established in Sec. 08.24.2.B.1, Enforcement Officials.
  • Qualifications. Staff members qualifying as a Historic Preservation Officer shall meet at least one set of the professional qualifications determined in 36 CFR Part 61 Appendix A (or as amended).

    • (Ord. No. O-13-21, 09/28/2021)

    Effective on: 10/6/2021

    Sec. 06.19.8 Chief Building Inspector (County)

  • Generally. The Chief Building Inspector is a member of the Kenton County Planning Commission staff who is ultimately responsible for processing certain applications under this NDC to a final decision or making a recommendation to another review body.

  • Powers and Duties Relative to Matters in this NDC. The Chief Building Inspector shall have the authority to make final decisions on the development review applications denoted in Table 07.20.2-1, Summary of Procedures.

    • Effective on: 10/15/2020

    Sec. 06.19.9 Floodplain Administrator (City)

  • Appointment of the Floodplain Administrator.  The Floodplain Administrator shall administer, implement, and enforce the floodplain provisions of this NDC by granting or denying development permits in accordance with its provisions.  The Administrator may serve concurrently as the Floodplain Administrator. 
  • Duties and Responsibilities of the Local Administrator.  The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
    1. Permit Review. Review all development permits to ensure that:
      1. Permit requirements of this ordinance have been satisfied;
      2. All other required state and federal permits have been obtained: review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334.
      3. Flood damages will be reduced in the best possible manner; 
      4. The proposed development does not adversely affect the carrying capacity of affected watercourses.   For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
    2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Sec. 04.14.2, General Provisions, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer the provisions of Sec. 04.14.3, Flood Hazard Reduction.  Any such information shall be submitted to the City Commission for adoption.
    3. Notification of Other Agencies.  The Floodplain Administrator shall notify the following authorities prior to any alteration or relocation or a watercourse:
      1. Adjacent communities;
      2. The Kentucky Division of Water; and
      3. Any other federal and/or state agencies with statutory or regulatory authority prior to any alteration or relocation of the watercourse.
    4. Evidence of Submission.  Evidence of notification to these authorities shall be submitted to the Federal Emergency Management Agency (FEMA).
    5. Assurance of Food Carry Capacity.  The Floodplain Administrator shall assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained
    6. Documentation of Floodplain Development. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed the following:
      1. Certification required by Subsection 04.14.3.C.1 as shown on an accurately completed and certified Elevation Certificate.  Verify and record the actual elevation (in relation to Mean Sea Level) of the lowest floor (including basement) of all new and substantially improved structures, in accordance with Sec. 07.21.5, Floodplain Development Permit;
      2. Certification required by Subsection 04.14.3.C.1 as shown on an accurately completed and certified FEMA floodprooofing certificate.  Verify and record the actual elevation (in relation to Mean Sea Level) to which the new and substantially improved structures have been flood-proofed, in accordance with Sec. 07.21.5, Floodplain Development Permit;
      3. Other certifications required by Sec. 04.14.3​​​​​;
      4. Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained;
      5. Review certified plans and specifications for compliance; and
      6. Take remedial action to remedy violations of this ordinance as specified in Division 26, Remedies.
    7. Map Determinations.  The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the special flood hazard areas, for example, where there appears to be a conflict between a mapped boundary and actual field conditions.
      1. Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sec. 07.23.5, Variance, Floodplain;
      2. When base flood elevation data and floodway data have not been provided in accordance with Sec. 04.14.2, General Provisions, then the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of Sec. 04.14.3, Flood Hazard Reduction;
      3. When flood-proofing is utilized for a particular structure, the Floodplain Administrator shall obtain certification from a registered professional engineer or architect, in accordance with Subsection 04.14.3.3;
      4. All records pertaining to the provisions of this ordinance shall be maintained in the office of the Floodplain Administrator and shall be open for public inspection.
    8. Right of Entry
      1. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever the floodplain administrator has reasonable cause to believe that there exists in any structure or upon any premises any condition or ordinance violation which makes such building, structure or premises unsafe, dangerous or hazardous, the floodplain administrator may enter such building, structure or premises at all reasonable times to inspect the same or perform any duty imposed upon the floodplain administrator by this ordinance.
      2. If such structure or premises are occupied, the floodplain administrator shall first present proper credentials and request entry.  If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such request entry.
      3. If entry is refused, the floodplain administrator shall have recourse to every remedy provided by law to secure entry.
      4. When the floodplain administrator shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the floodplain administrator for the purpose of inspection and examination pursuant to this ordinance.
    9. Stop Work Orders. Upon notice from the floodplain administrator, work on any building, structure or premises that is being done contrary to the provisions of this ordinance shall immediately cease.  Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person performing the work, and shall state the conditions under which work may be resumed.
    10. Revocation of Permits.
      1. ​​​​​​The floodplain administrator may revoke a permit or approval, issued under the provisions of this ordinance, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
      2. The floodplain administrator may revoke a permit upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this ordinance.
    11. Liability.  Any officer, employee, or member of the floodplain administrator’s staff, charged with the enforcement of this ordinance, acting for the applicable governing authority in the discharge of his/her duties, shall not thereby render personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties.  Any suit brought against any officer, employee, or member because of such act performed by him/her in the enforcement of any provision of this ordinance shall be defended by the department of law until the final termination of the proceedings. 

    • Effective on: 10/15/2020

    Sec. 06.19.10 Code Enforcement Board (City)

  • Generally. The Code Enforcement Board is an administrative body created and acting under the authority of the Local Government Code Enforcement Act, KRS 65.8801 to 65.8839.
  • Powers and Duties. The Code Enforcement Board has all powers conferred upon it by City Code of Ordinances and the laws of the Commonwealth of Kentucky. With respect to decision-making pursuant to this NDC, in addition to the authorized acts of the City Code, the Code Enforcement Board will exercise the powers set out in Article 158.07, Development Review Procedures.
     

    • Effective on: 10/15/2020