In addition to regulations indicated for individual districts in the district regulations, the regulations below also apply:

(1-1)

On a corner lot, no fence, wall, hedge, or other planting or structure that will materially obstruct vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets shall be erected, placed or maintained within the area formed by the intersection of right-of-way lines at such corner lots and a straight line joining said right-of-way lines at points which are:

(1-1.1)

15 feet distant from the intersection of the right-of-way lines at the corner of the lot in industrial and commercial districts, and;

(1-1.2)

25 feet distant from such intersection in other districts.

(1-2)

Erection of more than one principal structure on a lot: In any district (except in R-1, R-2, R-3) more than one structure housing a permitted or permissible use may be erected on a single lot or tract provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(1-3)

In addition to complying with subsection (l-1) above, fences in the R-l, R-2, R-3 and R-4 districts, may not be more than four feet in height between the front setback line of a lot and the front property line adjoining a street or sidewalk. Fences erected on other areas of lots within residential districts may not be more than six feet in height.

(Ord. No. O-16-09, 11-8-2016)

The regulations set by this ordinance within each district shall be minimum or maximum limitations as appropriate to the case and shall apply uniformly to each class or kind of structure or land, and except particularly as hereinafter provided:

(2-1)

Use, occupancy and construction. No building, structure, or land shall hereafter be used or occupied, and no building, structure or part thereof shall hereafter be constructed except in conformity with all of the regulations herein specified for the district in which it is located.

(2-2)

Height, bulk, density, lot coverage, yards and open spaces. No building or other structure shall hereafter be erected or altered:

(2-2.1)

To exceed the height or bulk.

(2-2.2)

To accommodate or house a greater number of families.

(2-2.3)

To occupy a greater percentage of lot area.

(2-2.4)

To have narrower or smaller rear yards, front yards, side yards, or other open space than herein required; or in any other manner contrary to the provisions of this ordinance.

(2-3)

Required yard, open space, area, parking or loading space for one structure or use, not to be used to meet requirements for another. No part of a yard, or other open space, area, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, area or off-street parking or loading space similarly for any other building.

(2-4)

Reduction of lots or areas below minimum requirements prohibited. No lot or area existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein, except for the purpose of meeting or exceeding standards set forth herein. Lots or areas created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(2-5)

Reduction of yards below minimum requirements. No yards existing at the time of passage of this ordinance shall be reduced in dimensions below the minimum requirements set forth herein, unless such yard restrictions reduce the buildable area to unreasonable dimensions. In such cases, the planning commission shall determine the minimum requirements consistent with provision of adequate light and air, prevention of loss of life, health or property from fire or other dangers, and prevention of danger in travel. Yards created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(2-6)

Reduction of required off-street parking or loading space. No existing off-street parking or loading space, and no off-street parking or loading space hereafter provided, which meets all or part of the requirements for off-street parking or loading space set forth in these regulations, shall be reduced or eliminated so that resulting reduction results in area not meeting requirements or standards contained herein. Reductions may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.

(3-1)

Older residential dwellings. It is the intent of this subsection to permit the use and occupancy of two-family dwellings, multifamily dwellings, garage apartments and accessory apartments constructed prior to the enactment of this ordinance in certain areas appropriate to their use, subject to certain provisions which will promote the purposes of zoning and the comprehensive plan.

(3-1.1)

General provisions:

(A)

No expansion of these uses shall be allowed that will further affect the lot area and dimensions without approval of the board of zoning appeals.

(3-2)

Mobile home parks. Mobile home parks shall be governed by the provisions of chapter 21, Covington City Code.

(3-3)

Townhouses. For the purposes of this section, townhouses are defined as single-family dwelling units constructed in a series or group including three or more units with some common walls. As such, they are a special type of single-family dwelling, to be excluded from certain regulations relating to single-family dwellings generally in this chapter, but subject to the requirements for single-family dwellings generally with respect to permitted principal and accessory uses and structures, prohibited uses and structures, height, number of off-street parking spaces and signs.

Regulations as contained in this section shall be applied to townhouses in all cases.

(3-3.1)

Site plan and design criteria—General. It is the intent of this section that townhouses, in areas where they are or may be permitted:

(A)

May be appropriately intermingled with other compatible types of housing;

(B)

Shall not form long, unbroken lines of row housing; and

(C)

Shall constitute groupings making efficient, economical, comfortable and convenient use of land and open space and serving the public purposes of zoning by means alternative to conventional arrangements of yards and buildable areas.

(3-3.2)

Site plan and design criteria—Details. Consistent with the general considerations following:

(A)

Not more than six contiguous townhouses shall be built in a row with the same or approximately the same front line, and not more than 12 townhouses shall be contiguous.

(B)

Minimum width for the portion of the lot on which the townhouse is to be constructed shall be 20 feet.

(C)

Minimum lot area shall be as required to meet other provisions of these regulations.

(D)

Separation requirements: No portion of a townhouse or accessory structure in or related to one group of contiguous townhouses shall be closer than 20 feet to any portion of a townhouse or accessory structure related to another group, or to any building outside the townhouse area.

(E)

Yards: In a city block where no building line has been established either by ordinance or existing buildings, no front, side or rear yard as such is required in connection with any townhouse, but each townhouse shall have, on its own lot, one yard containing not less than 1,500 square feet, reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for off-street parking or for any accessory building.

(F)

Grouped parking facilities: One off-street parking space shall be provided for each dwelling unit on the premises. Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks. No off-street parking space shall be more than 100 feet by the most direct pedestrian route, from a door of the dwelling unit it is intended to serve. Practicable methods of snow removal shall be assured by developers in connection with common parking facilities, and all such facilities shall be improved to city standards for off-street parking areas. Provision of parking facilities in the right-of-way is not permitted. On collector and arterial streets common parking facilities for three or more automobiles shall provide space outside the public right-of-way for maneuvering incidental to parking.

(G)

Visibility at access points for automobiles: In addition to the general provisions of section (1-1) of this article concerning visibility across portions of corner lots at street intersections, the following requirements apply to all private drives and entrances to or exits from parking areas:

At the intersection of any private drive or entrance or exit for a common parking area with a public street, no fence, wall, hedge or other planting or structure forming a material impediment to visibility between a height of 2½ feet and eight feet shall be erected, planted, placed or maintained, and no vehicle so impeding visibility shall be parked, within triangular areas defined by lines connecting points, as follows:

Beginning at the point where the midline of the private drive or entrance or exit for a common parking area intersects the public right-of-way, thence to a point 35 feet along the right-of-way line in the direction of approaching traffic, thence to a point 25 feet toward the interior of the property along the previously described midline, and thence to point of beginning. No such visibility triangle need be maintained on the side of the drive, entrance or exit away from approaching traffic on the same side of the street.

(3-4)

Apartments. It is the intent of this chapter to permit the erection of apartments in areas appropriate to such use, subject to conditions and safeguards which will promote the purposes of zoning and the comprehensive plan. In addition to, or in modification of, other applicable provisions and requirements of this section, the following special provisions and requirements shall apply in the case of apartments:

(3-4.1)

Requirements concerning planning commission review. The zoning administrator shall issue no zoning permit for the erection of any apartment, or for any alteration of any apartment which: Increases its height, coverage of land or number of units; changes the general nature or extent of nonresidential uses; or alters parking requirements or reduces the number of off-street parking spaces available. The zoning administrator shall issue no certificate of occupancy concerning use of any apartment or premises, and the board of zoning appeals shall take no action resulting in the issuance of any zoning permit or certificate of occupancy in connection with the erection or use of any apartment, unless and until the planning commission shall have reviewed the application and documents required to be submitted therewith and reported concerning conformity with the provisions, intent and purposes of this section, or has failed to report as hereinafter provided.

(A)

Material to be submitted for planning commission review. In connection with all applications for permits or certificates on apartments requiring planning commission action, the applicant shall submit preliminary architectural plans (including details as to use of areas within structures, number, location and orientation of dwelling units, etc.); site plans; landscaping plans; plans for proposed signs; plans for lighting the premises outside the buildings; elevations of all portions of proposed structures; topographic maps and photographs or perspective drawings showing the relationship between the proposed structure as it is to be located on the premises and all principal structures within 500 feet (or such other distance as the planning commission deems necessary in the particular case) of any portion exceeding 45 feet in height of any building or buildings to be erected on the premises.

Applicants shall also provide such maps, plans, drawings or reports as are necessary to indicate:

(1)

That suitable major streets, fitting the probable pattern or origins and destinations of residents, are immediately available to the property or can be reached without creating concentrated traffic flow on minor streets through residential neighborhoods;

(2)

That the property, if developed as proposed, will not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, possibility of subsidence or probability of flood or erosion, and that conditions of soil, ground water level, drainage, rock formations and topography will not create hazards to the property or to the health and safety of the occupants; and

(3)

That appropriate water supply, sewerage, telephone, electrical, gas and other utility installations exist or will be made available.

In addition, the applicant shall supply such other plans, drawings, maps or reports as the planning commission may require in the particular case to guide its findings as to matters on which it is generally or specifically required to make findings.

(B)

Effect of planning commission report. Where board of zoning appeals action on apartments in variance cases is involved, the findings of the planning commission concerning conformity of the application with the provisions, intent and purposes of this ordinance, together with any recommended special conditions and safeguards, shall be deemed advisory only, and shall not be binding on the board. Unless board of zoning appeals action is involved, the zoning administrator shall not issue any zoning permit for the erection of an apartment, or for any certificate of zoning compliance in connection with use of any apartment or premises, unless the report of the planning commission indicates conformity of the application and required documents with the provisions, intent and purposes of this ordinance. The findings of the planning commission shall be binding upon the zoning administrator.

(3-4.2)

Uses permitted and prohibited. In addition to permitted dwellings units and accessory facilities, areas and structures clearly related and incidental to the residential character of apartments (lobbies, lounges, indoor or outdoor recreation areas or buildings, off-street parking for occupants or guests, structures or portions of structures used for storage or in relation to maintenance of buildings and grounds, and the like), nonresidential uses and characteristics of use shall be permitted or prohibited in connection with apartments as indicated below, and to the extent indicated shall be excluded from general prohibitions on kinds of use within the districts involved:

(A)

Prohibited: Uses not of a kind, location or method of conduct appropriate to and compatible with residential use; driveways, parking areas and entrances conflicting with residential uses; uses otherwise prohibited generally within the district.

(3-4.3)

Minimum lot requirements. Minimum lot width and minimum lot depth shall each be 100 feet, and minimum lot area shall be one-half acre; provided, however, that above these minimum requirements, width, depth or area shall be added in any specific case to meet maximum lot coverage limitations, minimum yard requirements, minimum requirements for parking space, service areas, and access, and proper orientation of proposed structures on the lot with respect to existing or potential nearby structures.

(3-4.4)

Maximum external yard and internal yard and court requirements. In the regulations which follow, the minimum dimensions set forth shall be binding upon both the planning commission and the board of zoning appeals, but either the planning commission or the board of zoning appeals may require greater dimensions in a particular case upon making a finding that such increased dimensions are necessary in the public interest and stating its reasons therefor.

(A)

Yards: Front yards and all yards adjacent to street shall be a minimum of 25 feet in depth, if front or rear yard, or width of side yard. Such 25 feet of required yards adjacent to streets may be maintained in landscaping, aside from drives and walkways, and may be used for off-street parking. Any additional depth or width of such yards required as a result of regulations relating to height may be used for off-street parking.

Yards adjacent to open space (other than streets or alleys), determined by the planning commission to be permanent in nature: Where such open space is less than 50 feet in width, a minimum yard of 25 feet in width (if a side yard) or depth (if a front or rear yard) shall be provided. For each additional 25 feet in width of open space, the minimum yard requirement may be reduced five feet; provided however, that no such yard shall be less than ten feet in least dimension.

Other yards, whether rear or side, and whether or not such yards adjoin or abut alleys, shall be a minimum of 25 feet in width, if side yards, and 25 feet in depth, if rear yards, with additions as necessary to meet height regulations, and such yards may be used in whole or in part for off-street parking.

(3-4.5)

Maximum lot coverage by all buildings shall not exceed 50 percent. The basic figure in parentheses is the maximum lot coverage percentage. Credit shall be allowed for the number of square feet provided on the structure at or above the second floor level in the form of open spaces for solariums, recreational space, landscaped roof-gardens and terraces, etc., made available generally to residential tenants on roofs or structural terraces.

(3-4.6)

Maximum height of structure. Height of all apartments shall be subject to the provisions stated in article VIII, section 5.

(3-4.7)

Minimum off-street parking and loading requirements, access, internal circulation, service areas, lighting. One off-street parking space shall be provided for each dwelling unit on the premises, plus such space for nonresidential uses as may otherwise be required. Required off-street parking space shall be provided in the building or on the lot, provided that not more than 25 percent of the required spaces may be located off the lot but within 300 feet thereof, and shall be permanently reserved and kept available for occupants or employees in the apartment.

Off-street loading and service areas shall be provided and maintained in keeping with the requirements of the residential and nonresidential uses.

Ingress and egress to the property, and traffic lanes, parking space and loading and service areas on the premises shall form a convenient and well organized system appropriate to uses in the building. Entrances and exits shall be so arranged as to minimize conflicts with traffic on public streets and to reduce traffic noises on portions of the lot where there might be adverse effects on adjacent property.

Driveways, parking, loading and service areas shall be so located, designed, constructed, maintained and operated as to minimize the impact of adverse visual effects, noise or lights on other portions of the property and on surrounding property, and where necessary, fences, walls and/or vegetative screening shall be provided and maintained to further these purposes.

(3-4.8)

Signs. Signs shall be governed by the provisions of article XV of this ordinance.

(3-5)

Public utilities. Public utilities are necessary elements in any use district. However, wherever possible in new residential, business, industrial or other development, or alterations thereto, the developer may seek to locate utilities underground.

(3-6)

Automobile service stations. Automobile service stations are primarily operated for the sale of gasoline, oil and minor accessories only, and where no repair work is done, other than incidental service, but not including steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glass work and such other activities whose external effects could adversely extend beyond the property line.

(A)

The curb cuts for ingress and egress to a service station shall not be permitted at such locations as will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from a street intersection (measured from the road right-of-way) or from adjacent residential districts.

(B)

The minimum lot area shall be 10,000 square feet, and so arranged that ample space is available for motor vehicles which are required to wait, except that automobile service stations intended solely for the sale of gasoline, oil and minor accessories and having no facilities for the repair or servicing of automobiles may be permitted on lots of less than 10,000 square feet, subject to all other provisions herein required.

(C)

All lighting shall be shielded from adjacent residential districts.

(3-7)

Travel trailers. Area requirements: For each trailer space within a trailer court designed to accommodate one trailer, there shall be provided not less than 1,000 square feet of area, exclusive of the area underneath such trailer, which shall front on an internal trailer court street, road or right-of-way.

(A)

A special use permit for a temporary freestanding trailer to be used for temporary offices, or other activities exclusive of living quarters, may be issued by the zoning administrator for a period not to exceed one calendar year, provided all requirements of this ordinance are complied with. The zoning administrator may renew such special use permits, provided reasonable progress is made toward the completion of the original purpose for such permit. The zoning administrator may require that proper facilities be provided for the protection of the public in matters of health, safety and welfare before the issuance of such permits or permit.

(a)

In all agricultural zoning districts the placement of manufactured houses that are 19 or more feet in width, on a permanent foundation, on individual lots shall be permitted, subject to development standards that are equivalent to those applicable to conventional, site-built single family dwellings within the same or equivalent zoning district.

(b)

This section shall not relieve [the owners of] lots or parcels from the obligations relating to manufactured housing units imposed by the terms of a restrictive covenant.

State Law reference— Similar provisions, Code of Virginia, § 15.1-486.4.

(5-1)

Intent. Within the city, it is recognized that there are some uses that, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The regulation set forth herein is for the primary purpose of preventing the concentration of such uses in a manner that would create such adverse effects. Uses subject to these controls are as follows:

(5-1.1)

Adult bookstore or adult video store.

(5-1.2)

Adult entertainment.

(5-1.3)

Adult merchandise store.

(5-1.4)

Adult model studio.

(5-1.5)

Adult movie theater.

(5-1.6)

Adult nightclub.

(5-1.7)

Adult store.

(5-1.8)

Adult use.

(5-2)

Definitions. The following words, terms and phrases, when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore or adult video store means an establishment that has 20 percent or more of its stock for sale or rent on the premises, or has 20 percent or more of its stock on display either in plain view or in an enclosed or partitioned area, in books, magazines, other periodicals, videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "sexual anatomical areas."

Adult entertainment means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or sexual anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or sexual anatomical areas.

Adult merchandise means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or sexual anatomical areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult model studio means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes sexual anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.

Adult movie theater means a building or area regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or sexual anatomical areas for observation by patrons, excluding movies that have been rated "G," "PG," "PG-13," or "R" by the Motion Picture Association of America.

Adult nightclub means a restaurant, bar, club, or similar establishment that regularly features adult entertainment.

Adult store means an establishment having 20 percent or more of its stock-in-trade in adult merchandise.

Adult use means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or sexual anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.

Specified sexual activity means any of the following:

(a)

Intercourse, oral copulation, masturbation, or sodomy; or

(b)

Excretory functions as a part of or in connection with any of the activities described in (a) above.

Sexual anatomical areas means and includes:

(a)

Less than completely and opaquely covered: human genitals; pubic region; buttocks; and female breasts below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(5-3)

Requirements. Each of the above stated uses shall require a special exception permit. Such permit shall be subject to the requirements governing special exceptions as set forth herein. These uses may only be considered in a C-3, M-1, or M-2 zoning districts.

(5-4)

Requirements and standards.

(5-4.1)

No adult use may be established within 1,000 feet of any other such adult use in any zoning district.

(5-4.2)

No adult use may be established within 750 feet of a residentially zoned district (R-1, R-2, R-3, R-4), nor within 750 feet of any property occupied by a church or other place of worship, public library, public or private school, educational institution, public park, playground, playfield, lodging house, tourist home, child day care center, hotel, or motel.

(5-4.3)

The establishment of an adult use as referred to herein shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion, in whole or in part, of an existing business to any adult use.

(5-4.4)

Adult merchandise shall not be visible from any point outside of the establishment.

(5-4.5)

Signs or attention-getting devices for businesses shall not depict or describe specified sexual activities or sexual anatomical areas as defined herein.

(5-5)

Measurement of distance. All distances specified in this division shall be measured from the property line of one use to another. The distance between an adult use and a residentially zoned district shall be measured from the property line of the use to the nearest point of the boundary line of the residentially zoned district.

(Ord. No. O-11-17, 1-10-2012)