Fort Mitchell City Zoning Code

A Stage I Plan or Stage II Plan approved by the Kenton County Planning Commission, or legislative body, prior to the adoption of this Ordinance shall be deemed to be an approved Concept Development Plan (Stage I Plan) or Final Development Plan (Stage II Plan).

Any construction started, pursuant to an approved zoning permit, before the Effective Date of this Ordinance may be completed as permitted under that permit, even if it does not fully comply with this Ordinance. If construction is not completed under the original approved permit, or if that permit expires, then any additional or new construction must meet the requirements of this Ordinance.

Building permits, variances, conditional-use permits, zoning map amendments, final subdivision approvals, and other similar development approvals that are valid on the effective date of this Ordinance, will remain valid until their expiration date. Development must be completed in conformance with valid approvals, even if such building, development, or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development, or structure must meet the Ordinance standards in effect at the time of re-application.

Complete applications for map amendment, text amendment, development plans, building permits, variances, conditional-use permits, and other similar development approvals that are pending approval on the effective date of this Ordinance, must be reviewed wholly under the terms of the Ordinance in effect when the application was submitted. Any re-application for an expired approval must meet the Ordinance standards in effect at the time of re-application.

On the effective date of this Ordinance, land zoned with a zoning district from the previous zoning regulations shall be translated to one of the zoning districts established in Section 3.01, Zoning Districts Established of this Ordinance.

1. Any parcel of land, use, easement, structure, sign or feature lawfully existing on the date of any text change in this Ordinance, or on the date of a zoning map amendment initiated by a public body that does not conform to the requirements of the district in which it is located may be continued and maintained in accordance with the provisions of this article and other applicable provisions of this Ordinance. Nonconformities may continue as prescribed, but the provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual conformity or elimination.
2. When there is a timeframe required for the reestablishment, repair, or restoration of a nonconformity, the timeframe begins when notice is given by the Zoning Administrator.

An applicant with property that has any nonconformity may request a zone change. If a zone change is granted, all other nonconformities, such as site and design features must be remedied to the maximum extent practicable as a condition of approval.

An applicant with property that has any nonconformity may request a variance, conditional use, appeal, or change from one nonconforming use to another nonconforming use in conformance with Article 13, Process and Procedures. If a request is granted, all other nonconformities, such as site and design features must be remedied to the maximum extent practicable as a condition of approval.

No nonconforming structure, use, lot or feature shall be renewed, changed, or extended until a zoning permit has been issued by the Zoning Administrator in accordance with the provisions of Article 13, Process and Procedure.

A legal nonconforming lot is defined in Article 14, Definitions. A lot may not be reduced below the minimum lot area, unless in accordance Section 6.03, Erection of Structures Only on Lots of Record. A lot established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming lot and is a violation of this Ordinance. Legal nonconforming lots may continue only in accordance with the following provisions.

1. Vacant Lots. Vacant lots for which plats or deeds have been recorded in the office of the County Clerk for Kenton County which fail to comply with the minimum area or other dimensional requirements of the districts in which they are located may be used for any of the uses permitted, or conditionally permitted (subject to the approval of the Board of Adjustment), in the district in which it is located, provided that the development proposed on the lot is in conformance with all the other requirements of the Ordinance. If the proposed development does not conform with the dimensional requirements of the zone, then a variance request shall be submitted to the Board of Adjustment per the requirements of Article 12, Administrative Roles and Responsibilities.
2. Adjacent Nonconforming Vacant Lots. When two or more adjacent and vacant nonconforming lots are in single ownership, and either of such lots individually has less frontage or area than the minimum requirements of the district in which they are located, these lots will be considered and treated as a single lot for the purposes of this Ordinance. The property owner may choose to re-subdivide such lots in conformity with this Ordinance to create two or more legal lots of record. Building construction which crosses a parcel line may require a parcel consolidation under the Kentucky Building Code.

A legal nonconforming use is defined in Article 14, Definitions. A use established after the passage of this Ordinance which does not conform to regulations of the district in which it is located shall be considered an illegal nonconforming use and is a violation of this Ordinance. Legal nonconforming uses of land or structures may continue only in accordance with all the following provisions.

1. Expansion Prohibited. A nonconforming use shall not be expanded. Expansion shall include an intensification of use, a physical expansion that results in increased capacity, square footage, or activity associated with the use, increasing an accessory use, an extension of the hours of operation or number of days of activity and any similar change in activity or location.
2. Relocation Restricted. A nonconforming use shall not be moved from one location on a site to another location on the same site unless approved by the Board of Adjustment upon application and demonstration by the property owner that the relocation of the use will not increase the adverse impacts of such use on the public, will not adversely affect adjacent properties, and will not have the effect of making the nonconformity more permanent.
3. Change of Use. Changes from one nonconforming use to another nonconforming use may be allowed by the Board of Adjustment per KRS 100.253. See Article 13.06, Non-Conforming Uses. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.
4. Reestablishment Restricted. If one of the following provisions apply, the Board of Adjustment shall determine if a legal nonconforming use can be reestablished:
   1. If the Zoning Administrator determines that a nonconforming use of land ceases for a continuous period of 90 calendar days. (This applies regardless of whether the nonconforming use of land is the primary use of the property or accessory to a separate legal conforming use.)
   2. If the Zoning Administrator determines that a nonconforming use of a building designed or arranged for that use ceases for a continuous period of 180 calendar days. (This applies regardless of whether the nonconforming use is the primary use of the property or accessory to a separate legal conforming use.)
   3. The Board of Adjustment may grant a one-time extension for reestablishment of the nonconforming use of up to an additional 180 days (in addition to the 180 days provided for in subsection b above).
5. Structural Alterations Restricted. No structural changes shall be permitted in any structure occupied by a nonconforming use except as follows:
   1. No structural alterations or changes to the exterior of the building that would increase the nonconforming use.
   2. Structural changes ordered by an authorized official to ensure the safety of the structure shall be permitted.
   3. Maintenance and repairs to keep a structure in sound condition shall be permitted.
   4. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
   5. For any existing nonconforming residential use, structures may be enlarged or altered provided no additional dwelling units are created. Any enlargement or alterations shall follow all yard requirements of the district for the use. New accessory structures may be constructed provided they meet the requirements of this Ordinance.
   6. Expansion of a nonconforming use into portions of a structure that, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.

A legal nonconforming structure is defined in Article 14, Definitions. A structure established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming structure and is a violation of this Ordinance. Legal nonconforming structures may continue only in accordance with all the following provisions.

1. Continuation Permitted. A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this article.
2. Repair and Maintenance Permitted. Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure.
3. Certain Enlargements Permitted. In any zone, any detached single-family residential dwelling that has a nonconforming side yard setback may construct a horizontal or vertical addition that may likewise extend into the required side yard, as long as it is set back the same distance from the lot line as the existing nonconforming setback. If a proposed addition exceeds 30 percent in length of the existing principal structure, has a front yard depth less than the minimum required in the zone, or has a side yard depth less than 5 feet, the proposed addition will not be permitted without approval by the Board of Adjustment.
4. Changes for Conversion Permitted. Structural changes necessary to convert an associated nonconforming use to a conforming use shall be permitted provided such changes do not increase the structural nonconformity.
5. Movement Restricted. A nonconforming structure shall not be moved unless afterward it conforms to the standards of the zoning district in which it is located.
6. Repair and Restoration Restricted. A nonconforming structure destroyed or damaged so that more than 60 percent of its assessed value remains, may be repaired or restored if all the following occur. 
   1. The type of structure conforms to the standards of the regulations for the zoning district in which it is located; however, if the structure is used for the same purpose as before the destruction, the new structure may be rebuilt using the same materials. 
   2. The total amount of space devoted to a nonconforming use or the degree of nonconformity in the structure is not increased.
   3. A building permit for the repair or restoration is issued within 180 calendar days of the date of the damage and remains valid until the repairs or restoration are complete.
7. Conformation Required. If the Zoning Administrator determines that the building or structure has been damaged so that less than 60 percent of its assessed value remains, future use of the building and site must conform to the regulations of the district in which it is located. For the purposes of this article, the extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the assessed value of the building or structure. The only exception to this limitation is any building or structure listed on the National Register of Historic Places, any building certified as a state historic building, and any contributing structure within a locally designated historic district. Such structures may be rebuilt or restored to their original dimensions or the dimensions of the building or structure before such damage occurred provided such restoration conforms to the Secretary of Interior Standards for Rehabilitation.
8. Replacement Restricted. A nonconforming structure shall not be replaced with another nonconforming structure regardless of the degree of nonconformity, except in cases where a variance was previously granted by the Board of Adjustment.

A legal nonconforming sign is defined in Article 14, Definitions. A sign erected or created after the passage of this Ordinance which does not conform to the regulations of the district in which it is situated shall be considered an illegal nonconforming sign and is a violation of this Ordinance. Legal nonconforming signs may continue only in accordance with all the following provisions, or as otherwise approved or permitted by agreement with the legislative body.

1. Continuation Permitted. Subject to the remaining restrictions of this article, nonconforming signs that were otherwise lawful on the effective date of this Ordinance may be continued. However, a change of occupant, tenant, or other site-occupying entity requesting sign alterations (other than a message change outlined in subsection 5 below) shall comply with the provisions of this Ordinance.
2. Increase in Nonconformity Prohibited. No person may engage in any activity that causes an increase in the extent of nonconformity of a sign. Without limiting the generality of that statement, no nonconforming sign may be enlarged, reduced or altered in a way that increases the nonconformity. Illuminating a nonconforming sign is not considered an increase in nonconformity if the type of illumination is permitted in the zone where the sign is located.
3. Movement and Replacement Restricted. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.
4. Reconstruction Limited. If a nonconforming sign structure is destroyed by an Act of God (e.g. wind, flood, fire), it may not after that be repaired, reconstructed, or replaced except in conformity with all the provisions of this article. The remnants of the former sign structure shall be cleared from the land. For purposes of this article, a nonconforming sign is “destroyed” if damaged to the extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign before damage.
5. Message Change Permitted. The message of a nonconforming sign may be changed for the occupant, tenant or other site-occupying entity as of the adoption date of this Ordinance so long as this does not create any new nonconformities.
6. Repair Limited. Subject to the other provisions of this article, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed 50 percent of the cost of a comparable new sign. It is the burden of the sign owner to present price quotes and prove comparability whenever the Zoning Administrator requires proof of value.
7. Abandonment. A nonconforming sign or sign frame shall be deemed abandoned after a continuous period of 180 calendar days if any of the following criteria apply.
   1. It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted.
   2. The advertising message it displays becomes illegible in whole or substantial part.
   3. The sign face is blank.

      An abandoned sign must either be brought into compliance as a conforming sign or completely removed within 90 days of receipt of a notice of violation.

8. Demolished Buildings. When a permit is issued for demolition or removal of a building or structure, any nonconforming signs and their supporting structures shall be removed concurrently with the removal of the buildings and structures.
9. Removal Required. Any existing nonconforming sign must be removed before a building permit or certificate of occupancy will be issued for a development on any undeveloped parcel.

10. Iconic/Historic Signs. Nonconforming signs that have been designated by the legislative body to be an iconic/historic sign may be repaired, relocated or replaced to the extent required to maintain the historic and/or cultural importance, and shall be subject to approval by a urban design review board if applicable.

Nonconforming Site and Design Features

A legal nonconforming site or design feature is defined in Article 14, Definitions. Nonconforming features covered by this section include only those features not otherwise addressed as a nonconforming lot or structure addressed elsewhere in this section, and include but may not be limited to physical characteristics of development that exceed allowable maximum standards (e.g. impervious surface, number of accessory buildings, etc.), and those that lack or fall short of required minimum standards (e.g. sight triangles, off-street parking and loading spaces, buffer width, landscaping, lighting standards, etc.). A feature added or changed after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming feature and is a violation of this Ordinance. Legal nonconforming features may be continued subject to the following limitations.

1. Increase in Nonconformity Prohibited. No action shall be taken which increases the degree or extent of the nonconformity. Any enlargement, reduction, extension, of any site or design features shall conform to all current requirements of this article.
2. Continuation Permitted. For development existing (or for which a vested right has been established) before the effective date of current regulations, nonconforming features created by a change in regulations may continue to exist, and structures with such nonconforming features may be reconstructed if they meet the requirements of Section 2.07, G., Nonconforming Structures Excluding Signs.
3. Additional Criteria. Additional criteria governing when design features must be brought into compliance are listed in Article 7, Development Standards by design feature (e.g. landscaping, lighting, fencing, etc.) or Article 10, Parking & Loading Standards.

1. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless the accessory use or accessory structure is made to conform to the standards for the zoning district in which it is located, except as stated in item 2.07, J., 2. below.
2. If a building permit for reconstruction of the principal structure is obtained in accordance with 2.07, G., 6. above, the associated accessory structures and uses may remain.

All manufactured home parks shall conform with all provisions of KRS 219.310 through 219.410 and shall comply with all the provisions below.

1. Expansion Prohibited. Nonconforming manufactured home parks may not be expanded or increased in size which shall include adding sites to the park; however, manufactured homes may be replaced on existing pads as vacancies occur.
2. Replacement of Park Prohibited. When a nonconforming manufactured home park is vacated, the park shall not be reestablished. When a nonconforming park is destroyed by an Act of God (e.g. wind, flood, fire) and no other laws prohibit its reestablishment on the existing site, the Board of Adjustment may grant permission to reestablish the park provided work is completed within 12 months from the date of approval by the Board.

There may be a change in tenancy or ownership of an existing nonconforming use or structure provided there is no change in the nature or character of such nonconforming use or structure except as permitted in this Article.