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Covington council keeps 7.5‑foot interior setbacks for middle‑housing code update

3161411 · May 1, 2025
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Summary

After a lengthy discussion, the council agreed by consensus to retain the city’s existing 7.5‑foot interior side/rear setback for middle housing rather than lowering it to five feet, leaving further changes to state direction or later code work.

Covington — The Covington City Council on April 22 signaled consensus to retain the city’s existing 7.5‑foot interior setbacks for middle housing during code changes tied to House Bill 1110 and related ADU provisions.

Community Development staff member Selena reviewed the statewide direction and local options. She said state guidance recommends five‑foot interior setbacks for middle housing but noted that middle housing cannot be treated more restrictively than equivalent single‑family development. "They can't be more restrictive," Selena told council when discussing how middle‑housing rules must align with single‑family standards.

The planning commission had discussed three options and in February voted 5–1 to recommend a five‑foot interior setback, citing builder flexibility. The dissenting planning commissioner preferred retaining the 7.5‑foot setback. At council’s joint session and again on April 22, staff presented three paths: keep the current 7.5‑foot interior setback (option A), reduce to five feet (option B), or use a mixed approach that lowers side setbacks to five feet but keeps a larger rear setback.

Council members discussed density, form and safety constraints and the relationship between setbacks and how units are built. Selena explained that density limits remain the controlling calculation for unit counts and that reducing setbacks primarily changes the building envelope and design flexibility rather than automatically increasing allowable units.

After discussion, the council expressed a majority preference to retain the 7.5‑foot interior setback for now. Mayor Wagner noted that state rulemaking may ultimately require changes and said, "Either we do that now or the state says do it," but council chose to keep the existing local standard and let state direction or future code amendments drive any required changes.

Why it matters: the countywide and state middle‑housing mandates require cities to revise code language to allow missing middle housing types (duplexes, townhomes, multiplexes, ADUs). The setback choice affects building form, design options for builders and neighbors’ perceptions of privacy and spacing.

Next steps: staff will incorporate the council’s guidance into the draft middle‑housing ordinance and return the updated code for adoption by the June 30 statutory deadline noted for some state provisions. Planning commission material and other needed cross‑references will be finalized in subsequent code updates.