Covington, Kentucky Zoning Ordinance - The City of Covington

Article 1 Introduction/Legal FrameworkSection 1.13 Transitional Provisionsbefore [Insert Effective Date] and on which actual construction has been diligentlypursued. For the purpose of this provision, “actual construction” means the placingof construction materials in permanent position and fastened in a permanentmanner, and/or demolition, elimination, and removal of an existing structure inconnection with such construction, provided that actual construction work must bediligently pursued until completion of the building. Grading of a site in preparationfor construction does not constitute actual construction. Construction activities maynot commence until all required building and zoning permits for constructionand/or demolition have been obtained.1.13.02 Approvals Granted Before [Insert EffectiveDate]Building permits, variances, conditional use permits, zoning map amendments,final subdivision approvals and other similar development approvals that are validon [insert effective date minus one day], will remain valid until their expirationdate. Development must be completed in conformance with valid approvals, even ifsuch building, development or structure does not fully comply with provisions ofthis zoning ordinance. If building is not commenced and diligently pursued in thetime allowed under the original approval or any extension granted, then thebuilding, development or structure must meet the zoning ordinance standards ineffect at the time of re-application.1.13.03 Applications in Progress Before [InsertEffective Date]Complete applications for building permits, variances, conditional use permits andother similar development approvals that are pending approval on [insert effectivedate minus one day] must be reviewed wholly under the terms of the zoningordinance in effect on [insert effective date minus one day]. Any re-application foran expired approval must meet the zoning ordinance standards in effect at the timeof re-application.1.13.04 Violations ContinueAny violation of the previous zoning ordinance will continue to be a violation underthis zoning ordinance and be subject to penalties and enforcement under Article 15.If the use, development, construction or other activity that was a violation under theprevious ordinance complies with the express terms of this zoning ordinance,enforcement action will cease, except to the extent of collecting penalties forviolations that occurred before [Insert Effective Date]. The adoption of this zoningordinance does not affect nor prevent any pending or future prosecution of, oraction to abate, violations of the previous zoning ordinance that occurred before[Insert Effective Date].1.13.05 NonconformitiesAny nonconformity under the previous zoning ordinance will also be anonconformity under this zoning ordinance, as long as the situation that resulted inthe nonconforming status under the previous regulation continues to exist. If,however, a nonconforming situation under previous zoning regulations becomesconforming because of the adoption of this zoning ordinance, or any subsequentamendment to it, then the situation will no longer be considered a nonconformity.A situation that was illegal under the previous zoning ordinance does not achieveCovington, KentuckyZoning Ordinance Draft: 6/22/05Page 1-7