1. All of the submittal information required in the application form;
2. Documents or drawings that are prepared and certified by qualified professionals (where such certifications are required);
3. The application fee (where applicable); and
4. Any additional information that is necessary to demonstrate compliance with all of the applicable requirements of this NDC.

1. Explanation. City staff shall return incomplete applications to the applicant with a written explanation that describes in general terms the materials that shall be submitted in order to complete the application.
2. Period for Application Revisions. If the missing or incomplete items are not submitted within a five-day period after notice of an incomplete application, then the application shall not be accepted for filing for the current review cycle.  
3. Incomplete or Rejected Application. Incomplete or rejected applications are not considered "filed​​​​​​" or "submitted".
4. Application Deadlines. Where an application deadline applies per Sec. 07.20.4, Application and Fees, the applicant shall complete the incomplete application and submit it to City staff before the applicable deadline to be placed on the agenda for the next related public meeting or public hearing.

1. The contents of the submittal are accurate or that they comply with the standards of this NDC;

2. The application will receive a positive recommendation or final decision from the applicable administrative body; or

3. During review, additional clarification or information will not be needed.

Continuing Review Process. Complete applications shall subsequently undergo the processes established in Sec. 07.20.6, Staff Review. 

Generally. Upon determination that an application is complete, the Administrator or Historic Preservation Officer shall, according to the review responsibilities of Table 07.20.2-1, Summary of Procedures:

1. Review and Comment. Review the application and provide comments to the applicant, which may include required revisions;

2. Review and Decide. Review and make a final decision on the application; or

3. Distribute. Distribute the application to the appropriate administrative body or outside agency for recommendation or final decision.

1. Comments. During application review, the Administrator or Historic Preservation Officer may provide comments from public agencies or administrative bodies, where applicable, to the applicant. The applicant shall revise and resubmit the application with requested changes.
2. Resubmittal. Upon receipt of the resubmittal, the Administrator or Historic Preservation Officer may refer the application to agencies or administrative bodies again if the changes substantially affect the interests of the agency or body in ways not anticipated by the original comments.

Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses the comments provided pursuant to Paragraph B., Required Revisions, above (or, after finding that no revisions are required), the below processes will follow.

1. Administrative Applications. For administrative applications, the City staff member denoted in Table 07.20.2-1, Summary of Procedures, shall approve, conditionally approve, or deny the application, as appropriate. 

2. Legislative and Quasi-Judicial Applications. If, according to Table 07.20.2-1, Summary of Procedures, the application requires a public meeting or public hearing prior to a final decision, then the applicable City staff member shall create a staff report including a recommendation to the next administrative body who will consider it for further recommendation or final decision

1. The type of application in three-inch high lettering; (eg. "District Map Amendment")
2. For District Map Amendment applications, the existing and proposed character districts of the property in three-inch high lettering;
3. The date, place, and time of the public hearing in one-inch high lettering; and
4. The address, including telephone number, of the Planning Commission, Administrator, or Historic Preservation Officer, as appropriate, where additional information regarding the hearing may be obtained.

1. The City staff member denoted in Table 07.20.2-1 shall send by United States Postal Service certified mail, return receipt requested, written notice to all owners of property adjacent to the subject property, except that for a Conditional Use Permit application, the staff member shall mail notice to owners of property located within 150 feet of the subject property. The list of recipients of the notice shall be based on addresses listed on the City or County tax roll, as applicable.   
2. The applicant shall furnish the names and addresses of the owners of all adjoining property to the Planning Commission the names and addresses of the owners of all adjoining property; and
3. Records maintained by the Property Valuation Administrator may be relied upon conclusively to determine the identity and address of said owner. 

1. Meetings and Hearings. All public meetings and hearings related to applications in the NDC shall be open to the public. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this NDC are classified as requiring a "public meeting" or "public hearing."
2. Votes. A vote shall be conducted in such manner that the public may know the vote of each person entitled to vote.

1. Public Meeting Required. Any legislative or quasi-judicial application that does not require a public hearing prior to a recommendation or final decision requires a recommendation or final decision to be made at a public meeting. 
2. Consent Agenda. Any appointed or elected administrative body may establish a consent agenda. The consent agenda may consist of all matters brought before the body for final decision that do not require a public hearing. All items on the consent agenda may be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the administrative body present at the meeting, or by the Administrator. Items removed from the consent agenda shall be considered on the regular agenda.

1. Generally. All meetings of the City Commission, Planning Commission, and the Board of Architectural Review and Development (BOARD) shall be open to the public except as otherwise provided in KRS 61.810. 
2. Procedures. Elected and appointed administrative bodies may adopt rules of procedure for the conduct of public hearings. The adopted rules of procedure shall reflect the following general procedures:
   1. The Chairperson may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
   2. Citizens, applicants, and the City have the right to present expert witnesses.
   3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
   4. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
   5. Any person may appear at a public hearing, submit evidence, and be heard.
3. Attendance by Applicant at Public Hearing. An applicant or representative is not required to attend the public hearing at which the subject application is to be considered; however, failure on the part of the applicant or representative to appear at a properly noticed public hearing may constitute grounds for a continuance of the hearing to a certain new date or closing of the public hearing with public re-notification required. 

1. Ability. ​​​​​​At a public meeting or hearing, an administrative body may attach special conditions to any decision it is authorized to make in order to ensure that the intent of the NDC will be carried out.
2. Requirements. Conditional approval requires that the specific conditions and the reasons be stated in writing and be agreed to by the applicant. Such conditions are binding upon the applicant.

1. No Final Decision. Applications not decided upon at a public meeting or hearing may be subject to Sec. 07.20.10, Continuance and Withdrawal. 
2. Final Decision. Applications decided upon at a public meeting or hearing may be subject to Sec. 07.20.11, Appeals of Legislative and Quasi-Judicial Decisions, through Sec. 07.20.14, Approval Extension. 

1. Appeal. The Zoning Administrator's determination that an application is substantially similar to a denied application is subject to administrative appeal (see Sec. 07.23.1, Appeal of Administrative Decision).
2. Waiver. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Commission, which may grant the waiver for good cause shown.  

Generally. In addition to the applicable required procedures in Sec. 07.20.2, Summary of Procedures, the following shall apply to Administrative Adjustments.

Purpose.  Administrative adjustments are minor specified deviations from otherwise applicable quantitative standards as specified below. 

Applicability.

1. Adjustment. The Administrator shall have authority to authorize an adjustment of up to 10 percent of a numerical standard in this NDC, subject to the following standards:

   1. Such adjustment shall not increase the degree of any nonconformity.

   2. No adjustment shall be allowed for work that originally occurred without the appropriate permits.

2. Variance. Any adjustment greater than those listed below shall be reviewed as provided in Sec. 07.23.4, Variance.

3. Design Waiver. A request to develop a housing or building type, frontage type, or open space type that is not normally permitted in association with a character district or building type shall be reviewed as provided in Sec. 07.23.6, Design Waiver. 

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny an Administrative Adjustment, the review body shall consider the applicable common decision criteria in Sec. 07.20.7, Basic Review Criteria, and the following: 

1. Minimum Necessary. The adjustment requested will be the minimum adjustment necessary for reasonable use of the property; 

2. Compatibility. Granting the administrative adjustment will not have an adverse impact on land use compatibility; and

3. Character. Granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development because of inadequate buffering, screening, setbacks and other land use considerations.

Effect. Upon Administrative Adjustment and Building Permit issuance, construction may proceed. Failure to diligently pursue completion may subject the permit to the provisions of Sec. 07.20.13, Inactive or Expired Applications. 

Further Relief. The decision of the Administrator is final.  However, if the applicant is aggrieved by the decision, then in lieu of applying for another administrative adjustment, the applicant may apply for a variance as provided in Sec. 07.23.4, Variance. If a variance is sought, then any relief that may have been provided by the administrative adjustment shall not be a factor in the consideration of the variance.

Generally. In addition to the applicable required procedures in Sec. 07.20.2, Summary of Procedures, the following shall apply to Building Permits. Procedures shall be according to those set out in the applicable Kenton County Building Code.

Purpose. The purpose of a Building Permit is to ensure that applicable structures are built in conformance with this NDC, the approved Site Development Plan, and the Kenton County Building Code

Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Building Permit, the administrative body shall consider the applicable common decision criteria in Sec. 07.20.7, Basic Review Criteria.

Generally. In addition to the applicable required procedures in Sec. 07.20.2, Summary of Procedures, the following shall apply to Certificates of Occupancy.

Zoning Permit.  It is unlawful to issue a certificate of occupancy or building permit to build, create, erect, change, alter, convert, or occupy any building or structure hereafter unless a Zoning Permit has been issued in compliance with this NDC.

Effect. Upon approval of a certificate of occupancy, the applicant may occupy the building.

1. Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;
2. Existing or proposed structures, fill, storage of materials, drainage facilities; and
3. The location of the foregoing.  

1. Application Stage.
   1. ​​​​Proposed elevation in relation to Mean Sea Level (MSL) of the proposed lowest floor (including basement) of all structures in Zone A and elevation of highest adjacent grade; or Proposed elevation in relation to Mean Sea Level to which any non-residential structure will be flood-proofed;
   2. All appropriate certifications from a registered professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in Sec. 04.14.3, Flood Hazard Reduction; and
   3. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development
2. Construction Stage.
   1. Upon placement of the lowest floor, and before construction continues, or flood proofing by whatever construction means, it shall be the duty of the permit holder to submit to the Floodplain Administrator and to the State a certification of the elevation of the lowest floor or flood-proofed elevation, as built, in relation to Mean Sea Level.  
   2. In AE, A1-30, AH, and A zones where the Community has adopted a regulatory Base Flood Elevation, said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.
   3. When flood proofing is utilized for a particular structure, said certification shall be prepared by or under the direct supervision of a certified professional engineer or architect.  Any continued work undertaken prior to the submission of the certification shall be at the permit holder’s risk.   The Floodplain Administrator shall review the lowest floor and flood proofing elevation survey data submitted.  Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

1. Wall Signs. The materials and design of all wall signs shall follow one design scheme;
2. Freestanding Signs.
   1. The materials and design of freestanding signs shall follow one design scheme, which may or may not be the same as the design scheme for wall signs;
   2. The design scheme for freestanding signs shall use building materials, colors and, where applicable, architectural design features consistent with the materials, colors and architectural design features of the principal building on the site.
3. Consistency.
   1. Each design scheme shall require consistency among signs for at least three of the following criteria: lighting design; color schemes; materials; shape; and/or proportion; and
   2. If the design schemes for the wall signs and freestanding signs are different, they shall have in common at least two of the following criteria: lighting design; color schemes; materials; proportion.
4. Special Criteria for Projecting Signs in Mixed-Use Districts. 
   1. The Administrator is authorized to approve an administrative adjustment, permitting a second projecting sign to business establishments located in an existing building, provided that the Administrator finds that:
      1. The business establishment has a ground floor entrance;
      2. The business establishment is located on a corner lot;
      3. The placement of a single projecting sign at the corner of the building pursuant to the standards and limitation is provided under Sec. 04.13.4, Permanent Signs would interfere with or impact a significant architectural feature of the building. For the purposes of this section, significant architectural feature shall include, but not limited to, transom windows, awnings, ornamentation, and light fixtures; and
      4. That relief in the form of a variance to increase the maximum height of the top of a projecting sign above the sidewalk would be incompatible with the placement of other projecting signs found within the district.

1. A permit for a temporary use may only be granted if evidence establishes that the proposed use:

   1. Does not involve the erection of a permanent building or improvements;

   2. Is not unsightly nor does it interfere with the enjoyment or use of neighboring properties; and

   3. Complies with the applicable provisions of the district in which the use is proposed to be located.

2. The temporary use will not adversely affect surrounding properties by means of increased traffic or nuisances such as, but not limited to, odor, noise, dust, or light spillover;

3. Adequate off-street parking is provided on-site;

4. The temporary use abides by all requirements of the City Code of Ordinances and state or federal regulations; and

5. All necessary permits and licenses are obtained and adhered to.

1. Except as provided in Paragraph D., Exemptions, below, no land may be used and no building or other structure may be erected, moved, added to, structurally altered, or changed from one permitted use to another, nor may any grading take place on any lot or parcel of ground without a permit issued by the Administrator.
2. A Zoning Permit is also required before the demolition of any structure or part of a structure. .
3. A Certificate of Appropriateness per Sec. 07.21.3 is required prior to the issuance of a Zoning Permit for development and demolition within a Historic Preservation (HP) secondary district, the 12th Street (TS) secondary district (which is a KRS Chapter 99 Development Plan area), or other KRS Chapter 99 Development Plan areas.
4. Review of plans by the Covington Urban Forester and City Civil Engineer is required prior to the issuance of a Zoning Permit for development within a Hillside Stability (HS) overlay district per Sec. 02.05.3.

1. Accessory structures that are 200 square feet or less and are not on a permanent foundation.
2. Air conditioning units;
3. Antennas;
4. Children's play equipment for exclusive use by a household (not common area), including aboveground pools that have 200 square feet or less in water surface area, or are 18 inches or less deep;
5. Enclosure of a portion of a residential building that already lawfully has a foundation and a roof;
6. Incidental accessory structures;
7. Landscaping that does not involve regrading or altering the grade of a development site;
8. Ordinary maintenance and repair; 
9. Pergolas;
10. Pools that are completely enclosed within a building;
11. Raised planting beds;
12. Repairs or alterations that do not change the height, size or lateral bulk of the structure;
13. Residential awnings with a projection of 48 inches or less;
14. Sign face replacement that does not change the size, bulk, or materials outside of a sign;
15. Solar panels;
16. Temporary uses and structures (refer to Sec. 07.21.8, Temporary Use Permit); 
17. Walkways on private property out of the public right-of-way;
18. Waste receptacles, recycling containers, and associated screening; and
19. Wheelchair ramps.

1. If disapproved, one copy of the submitted plans shall be returned to the applicant marked "disapproved" with a description of the reasons for such disapproval. The other copy, similarly marked, shall be retained by the Administrator.
2. If approved, one copy of the submitted plans shall be returned to the applicant marked "approved." The other copy similarly marked, shall be retained by the Administrator. Once approved, the Administrator shall issue a Zoning Permit to the applicant and retain a duplicate copy for his or her records.
3. No Zoning Permit may be issued except in conformity with the provisions of this zoning ordinance, except after written orders from the Board of Architectural Review and Development (BOARD). In the case of demolitions, no Zoning Permit may be issued unless the proposed use of the site after demolition is in conformity with the provisions of this zoning ordinance, except after written orders from the Board of Architectural Review and Development (BOARD).

Expiration of Zoning Permit.  The issuance of the Zoning Permit shall be conditioned on the applicant obtaining and retaining a Kenton County Occupational License for the use represented by the Zoning Permit. 

Historic Designation Report.

1. A study of the structures, areas, or sites proposed to be designated either a Historic Landmark or a Historic Preservation Overlay zone shall be compiled in a report ("Historic Designation Report"). The report shall establish and define the Historic Landmark or Historic Preservation Overlay zone boundaries as well as the historic or architectural significance of the buildings, structures, or sites to be protected, and describe present trends, conditions, and desirable public objectives for preservation. For Historic Preservation Overlay Districts, a list of which structures, areas, or sites within the boundaries are determined to be contributing and which are determined to be non-contributing shall be included in the report.

2. In addition, such report shall include the following elements:

   1. A survey of existing structures by period of construction, architectural style, condition, and other matters relating to planning or regulating future development, such as location on lots, location of yards and other open spaces, access to the interior of lots, and off-street parking provided. In addition to general analysis, two specific detailed descriptions shall be entered:

      1. A description of existing contributing structures and premises of substantial public interest, with maps, photographs, and other data indicating the public importance of their preservation and the particular features it is desirable to preserve; and

      2. A description of existing non-contributing structures, premises, and uses likely to have an adverse effect on the desired character of the district, including those near and visually related to the district with maps, photographs, and other data indicating the reasons for such an effect.

   2. An analysis of lands not occupied by structures, including lands near and visually related to the zone. For public lands, ownership, use, and location shall be indicated. For private lands, the assessed valuation shall be added as well as existing character district and planned land use.

   3. Recommendations concerning detailed regulations to be applied in the district, to supplement or modify general regulations set forth herein, may include the following:

      1. Permitted and prohibited principal and accessory uses and structures;

      2. Minimum lot and setback requirements;

      3. Maximum lot coverage by all buildings;

      4. Maximum height of structures;

      5. Off-street parking and loading requirements;

      6. Control of signs and exterior illumination;

      7. Control of exterior character of buildings and sites when visible from a public way only, and

      8. Recommended character district amendments, closing of public rights-of-way, creation of pedestrian walkways or common areas and control of additions to or removal of existing buildings where the controls and regulations are only for the express purpose of preventing changes which are architecturally incompatible with the buildings, structures, or sites to be preserved.

3. A review of the survey or study shall be completed every five years or earlier if necessary.

4.  Once the Historic Designation Report is compiled, the Board of Architectural Review and Development shall propose to the City Commission that the findings be available to the general public by a printed copy available at the public library and an accessible version hosted on a City website. 

5. Historic area boundaries may not be extended beyond 100 feet of the historic area.

6. Historic areas may be defined by specific boundaries. Both sides of the street may be included when desirable.

1. Its value as a reminder of the cultural or archeological heritage of the city, state, or nation;

2. Its location as a site of a significant local, state, or national event;

3. Its identification with a person or persons who significantly contributed to the development of the city, state, or nation;

4. Its identification as the work of a master builder, designer, or architect whose individual work has influenced the development of the city, state, or nation;

5. Its value as a building that is recognized for the quality of its architecture, and that retains sufficient elements showing architectural significance;

6. Its value as a strong representation of an architectural style;

7. Its identification as a contributing resource within a Historic Designation Report or within a National Register of Historic Places district;

8. Its character as a geographically definable area possessing a significant concentration of sites, buildings, objects or structures united by architectural style, by a plan, or by physical development; and

9. Its character as an established and geographically definable neighborhood united by culture or past events.

Amendments or Rescission. The amendment or rescission of any historic designation shall be made in accordance with the procedure required by this section for the original designation.

Binding Characteristics. Approval of the Master Development Plan establishes:

1. Context, Transitioning, and Buffering. The context of the proposed development relative to adjoining and adjacent development and the proposal for transitioning and buffering such uses;

2. Uses, Scale, and Compatibility. The locations and types of residential, nonresidential, and public or institutional land uses; their scale and design relationships; and methods to ensure compatibility between the various uses and adjacent properties;

3. Density. Minimum and maximum gross densities, block sizes, lot patterns, and heights of residential uses;

4. Bulk. Maximum gross square footages, building coverage, and heights of nonresidential uses;

5. Parking and Circulation. The proposed parking and circulation plans;

6. Transportation. The patterns, functional classifications, and cross-sections of streets within and adjacent to the development, along with the network of pedestrian, bicycle, and public transit improvements;

7. Open Space. General locations, means of continuity and connectivity, and the extent of open space to be dedicated for public or private purposes;

8. Environmental Features. Areas of environmental sensitivity to be protected and preserved, including floodplains and riparian areas, wetlands and water bodies, steep slopes, forested areas, and other such areas; and

9. Phases. Phases of development.

1. Phasing. The development is phased in a manner that assures an adequate mixture of residential and nonresidential land uses and allows for the transition from the early phases to completion, relating to the intensity of uses and parking.

2. Undeveloped Space. Together with the developed areas, the undeveloped spaces devoted to natural resource preservation, buffering of uses, and for passive and active use are connected and continuous throughout the development.

3. Complete Streets and Parking. The streets are designed for multi-modal purposes, including as access and transit ways, for on-street parking, and safe use of pedestrians and bicyclists, and the parking is well-distributed and designed to preserve an urban streetscape.

4. Walkability. The connections within and between buildings, civic spaces, parking areas, and to the surrounding development; the presence of amenities and other pedestrian improvements; and the proximity of origins and destinations both internal and external to the development are such that walking and bicycling are safe and viable modes of transportation.

5. Quality Design. The design of buildings and hardscape and landscape areas help to establish visual interest, aesthetic appeal, and a unique identity for the development, including as key considerations human-scale amenities, integration of civic spaces for public interaction, and protection from the environmental elements.

6. Building Form and Massing. The placement, arrangement, size, and relationships of buildings relative to streets, pedestrian and civic spaces, and one another create an urban environment.

7. Site Layout. The subject property is laid out in an efficient manner relative to the natural and built environments and designed to achieve the aims of a compact, highly walkable environment.

8. Mix of Housing Types and Uses. The development contains at least three different housing types.

9. Hillside Stability Plan. Any portions of the development that are subject to the provisions in Sec. 02.05.3, Hillside Stability, are included in a plan approved by the Covington Urban Forester and the City Civil Engineer.

10. Tree Preservation. Any portions of the development that are subject to the provisions in Sec. 04.12.3, Tree Preservation, are included a plan approved by the Covington Urban Forester.

1. The Planning Commission shall hold at least one public hearing on all proposed text amendments.
2. Following the Planning Commission's public hearing, the Planning Commission shall make a recommendation, by simple majority vote, as to the text of the amendment and whether the amendment is approved or disapproved and shall state the reasons for its recommendation. The Planning Commission action shall be based on the review and approval criteria detailed in Sec. 07.20.7, Basic Review Criteria.
3. When text amendments have been initiated by the City Commission, the Planning Commission shall take action on the proposed amendments within 60 days of receipt of the proposed amendment.

1. Errors. The amendment is necessary to correct an error or inconsistency in the NDC; or
2. Changing Condition. The amendment is necessary to meet the challenge of a changing condition that was not anticipated in the Comprehensive Plan. 

Applicability. A development plan shall accompany all applications for character map amendments in the SU, AUC, SO, or Industrial character districts, except for single- or two-unit dwellings.

Application.  The Development Plan shall be drawn to a scale not smaller than one inch equals 100 feet and include on the plan or in accompanying documentation the following information:

1. The total area in the project;

2. The character district of the subject property and all adjacent properties;

3. All public and private rights-of-way and easement lines located on or adjacent to the subject property that are proposed to be continued, created, enlarged, relocated, or abandoned;

4. Existing topography and approximate delineation of any topographical changes shown by contour with intervals not to exceed five feet;

5. Delineation of all existing and proposed residential areas in the project with a statement indicating net density of the total project:

   1. Detached housing.  Location and approximate number of lots, including typical sections identifying approximate lot sizes and dimensions, and setback and height of buildings; and

   2. Attached housing.  Location and description of the various housing types (such as a townhouse, fourplex, or garden apartment) including approximate heights of typical structures and the approximate number of units by housing type.

6. Delineation of all existing and proposed nonresidential uses in the project:

   1. Commercial uses.  Location and type of all uses including approximate number of acres, gross floor area, and heights of buildings.

   2. Open space-recreation.  The approximate amount of area proposed for common open space, including the location of recreational facilities and identification of unique natural features to be retained.

   3. Other public and semi-public uses.  Location and type of all uses, including approximate number of acreage and height of buildings.

   4. Location of proposed pedestrian walkways, identifying approximate dimensions;

   5. Location of proposed streets, identifying approximate dimensions of pavement, right-of-way widths, and grades;

   6. Location of all existing and proposed water, sanitary sewer, and storm drainage lines, indicating approximate pipe sizes. Indication should also be given regarding the provision of electric and telephone service;

   7. Certification from appropriate water and sewer agencies that services will be available;

   8. Identification of the soil types and geologic formations on the subject property, including anticipated problems and proposed methods of handling those problems;

   9. Other information that may be determined necessary for description or to insure proper integration of the proposed project in the area;

   10. A schedule of development, including the staging and phasing of:

       1. Residential area, in order of priority, by type of dwelling unit;

       2. Streets, utilities, and other public facility improvements, in order of priority;

       3. Dedication of land to public use or set aside for common ownership; and

       4. Nonresidential buildings and uses, in order of priority.

7. The aforementioned required information may be combined in any suitable and convenient manner so long as the data required is clearly indicated. A separate plan of drawing for each element is not necessary, but may be provided at the option of the applicant.

1. Eligible Applications. In accordance with KRS 100.257 through KRS 100.263, an Appeal of Administrative Decision provides a vehicle for the appeal of any final decision of the Administrator, Chief Building Inspector, Director of Public Works, or Floodplain Administrator on an application set out in Division 21, Administrative Applications.
2. Notice of Appeal. An appeal may be filed, in writing, by any person or entity or his/her authorized agent claiming to be injuriously affected by official action, order, requirement, interpretation, grant, refusal, or decision of any official charged with enforcing the NDC. The written notice of appeal shall specify the grounds for the appeal. An appeal shall be taken within 30 calendar days after the appellant or his agent receives notice of the action of the official that is the subject of the appeal.
3. Transmission of Records. Upon receipt of a notice of appeal, the Administrator shall transmit to the Board of Architectural Review and Development (BOARD) all documents constituting the record on which the action appealed was taken and shall be treated as and be the respondent in such further proceedings.

1. No Appeal to BOARD. Except as provided below, decisions on Appeals of Administrative Decisions are not subject to further appeal to the Board of Architectural Review and Development (BOARD) . Refer to Sec. 07.20.11, Appeals of Legislative and Quasi-Judicial Decisions.
2. Recommendations. Administrative recommendations to a development review body are not subject to Appeal of Administrative Decisions.
3. Historic Preservation. For appeals of the Historic Preservation Officer, refer to Sec. 07.21.3, Certificate of Appropriateness (Staff).

1. Record and Evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented. 
2. NDC Requirements. The decision reflects the requirements contained in this NDC.

1. ​​​​​​Review and Decision. In determining whether to approve, approve with conditions, or deny a CUP, the review bodies shall consider the applicable basic review criteria in Sec. 07.20.7, Basic Review Criteria and the following:
   1. The conditional use does not create an unwanted concentration of similar conditional uses that is likely to discourage permitted uses by making the vicinity less desirable for them.
   2. There is no practicable alternative location where the use is permitted by right within the general vicinity of the parcel proposed for development, or, if such a location exists, the proposed location is comparable or more favorable in terms of:
      1. Providing a needed community service;
      2. Providing a critical mass of related and mutually supportive land uses that promote quality economic development and opportunity;
      3. Providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; and
      4. Making more efficient use of public infrastructure. 
   3. The proposed use at the particular location is convenient for the public or desirable to provide a service or facility that will contribute to the general well-being of the neighborhood or the community.
   4. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity.
2. Affirmative Findings. In order to approve a CUP, the final decision-making body shall make affirmative findings on all of the applicable decision criteria.

1. Generally. The Administrator may recommend, and the Board of Architectural Review and Development (BOARD) may attach, conditions of approval to the CUP in order to mitigate its impacts such that it complies with the associated decision criteria. Conditions shall be roughly proportional to the impacts to which they are addressed.
2. Agreed to by Applicant. Specific conditions and the reasons for them shall be stated in writing and be agreed to by the applicant.
3. Binding. Such conditions are binding upon the applicant. 
4. Noncompliance. The Board of Architectural Review and Development (BOARD) is authorized to revoke CUPs for noncompliance with any imposed conditions. Furthermore, the Board of Architectural Review and Development (BOARD) is authorized to compel offending structures or uses removed at the cost of the violator and may have judgment in person for the cost of removal.

Standards for Interpretations. The Administrator may base the interpretation on:

1. The materials or scenario posed by the applicant;

2. The plain and ordinary meaning of the terms that are subject to the application for an interpretation as set out in a dictionary of common usage; 

3. The purpose statement for the NDC section that is subject to interpretation;

4. Any provision of this NDC, the Comprehensive Plan, Kentucky State law, or Federal law that are related to the same subject matter;

5. Any technical meanings of words used in the provision subject to interpretation;

6. Other interpretations rendered by the Administrator associated with the same or related provisions of this NDC;

7. The legislative history of the provision subject to interpretation; or

8. Sources outside of the NDC that provide additional information on the provision in question, such as technical or professional literature.

No Legal Advice. No written interpretation shall be construed as legal advice.

Final Decision. For purposes of appeal, a Written Interpretation is deemed a final decision. 

Recordkeeping. The Administrator shall keep records of interpretations made pursuant to this Section, which he or she may periodically present to the Planning Commission for formal adoption into this NDC in accordance with Sec. 07.22.3, NDC Text Amendment. 

1. Review and Decision. In determining whether to approve, approve with conditions, or deny a Variance, the applicable review bodies must make findings and shall consider the factors included below, per KRS 100.243, in addition to the applicable basic review criteria in Sec. 07.20.7, Basic Review Criteria.
2. Affirmative Findings. Before a Variance is granted, the applicable review bodies must make the following four findings:
   1. The variance will not adversely affect the public health, safety or welfare;
   2. Will not alter the essential character of the general vicinity;
   3. Will not cause a hazard or a nuisance to the public; and
   4. Will not allow the unreasonable circumvention of the requirements of the zoning regulations.
3.   Factors to Consider. In making the above findings, the applicable review bodies shall consider whether:
   1. The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone;
   2. The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and
   3. The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulations from which relief is sought.
4. Denying a Variance. The applicable review bodies shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

1. Generally. The Administrator may recommend, and the Board of Architectural Review and Development (BOARD) may attach, conditions of approval to the Variance approval in order to mitigate its impacts such that it complies with the associated decision criteria. Conditions shall be roughly proportional to the impacts to which they are addressed.
2. Agreed to by Applicant. Specific conditions and the reasons for the, shall be stated in writing and be agreed to by the applicant.
3. Binding. Such conditions are binding upon the applicant 
4. Noncompliance. The Board of Architectural Review and Development (BOARD) is authorized to revoke a Variance for noncompliance with any imposed conditions. Furthermore, the Board of Architectural Review and Development (BOARD)  is authorized to compel offending structures or uses removed at the cost of the violator and may have judgment in person for the cost of removal.

1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger to life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. Importance to the community of the services provided by the existing or proposed facility;
5. Necessity that the facility be located on a waterfront, in the case of functionally dependent use;
6. Availability of alternative locations, which are not subject to flooding or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. Safety of access to the property in times of flood for ordinary and emergency vehicles;
10. Expected height, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, streets, and bridges and culverts.

1. Mapped Floodway.  Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
2. Minimum Relief Necessary.  Variances shall only be issued upon a determination that the variance is the "minimum necessary" to afford relief considering the flood hazard.  "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance.  For example, in the case of variances to an elevation requirement, this means the City Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Commission believes will both provide relief and preserve the integrity of the local ordinance.

1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional hardship to the applicant; and 
3. Determination that the granting of a variance will not result in increased flood height, additional threats to public safety, cause extraordinary public expense, create nuisance (as defined in the definition section under "Public safety and nuisance"), cause fraud or victimization of the public (as defined in the definition section) or conflict with existing local laws or ordinances.

1. Justification for their issuance or denial; and
2. A biennial report submitted to the Federal Emergency Management Agency (FEMA) stating all variances issued.

1. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage;
2. Such construction below the base flood level increases risks to life and property.  A copy of the notice shall be recorded by the Floodplain Administrator in the Office of the  Covington Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.