Fort Wright wants to become one of the first Kenton County cities to formally permit delivery drone stations, proposing a zoning change that would allow the facilities only in its General Industrial Zone and only with a conditional use permit.
The Kenton County Planning Commission held a public hearing on the proposal Aug. 6, at the Kenton County Government Center in Covington. The commission's recommendation on File PC-26-0008-TX had not been announced as of Aug. 7. If approved, the text amendment would return to the Fort Wright City Council for a final ordinance vote.
The city itself filed the application, not a private developer. The amendment would make three changes to Fort Wright's zoning ordinance: permit delivery drone stations as an accessory use in the GI zone, establish use-specific standards for the facilities and define related terms.
Sparked by Walmart inquiry
The proposal traces back to April, when Walmart contacted Mayor Dave Hatter about launching a drone delivery service in the city. According to April 1 council meeting minutes, Hatter told Walmart representatives they would need to attend a city meeting before any discussions could proceed. Council members questioned Walmart's claim that its drones would not use cameras, calling it impractical.
On April 15, the council voted 5-0 to impose a six-month moratorium on all drone operations within and above city boundaries.
That moratorium expires Oct. 15.
Research began before the moratorium
The council was already studying drone regulations before it passed the ban. At a March 18 caucus, members reviewed rules from Caldwell, Idaho; Xenia, Ohio; and several Minnesota municipalities. Topics included drones hovering as low as 30 feet over properties, noise, package safety and potential interference with emergency communications.
By June 17, PDS planner Josh Wise presented legal research to the council, explaining that federal law limits what cities can do. "Federal law generally prohibits local municipalities from regulating air traffic," Wise told the caucus, noting the city's authority is limited to land-use controls.
City Administrator Jill Cain Bailey asked whether Fort Wright could set hours of operation for drone deliveries or impose a landing fee. Wise said state statute governs local fee authority and that additional research was needed.
Council Member Bernie Wessels urged a broader view at the June 17 caucus, saying the city "should consider the long-term impact of allowing multiple businesses to utilize drone delivery services throughout commercial areas."
The council majority supported filing the zoning text amendment, and the proposal appeared as new business on the July 15 council meeting agenda.
What it means for residents
The conditional-use framework gives Fort Wright a case-by-case review mechanism. Any company wanting to operate a drone station would need to apply separately, giving the city and residents a chance to weigh in on each facility before it opens.
The restriction to the General Industrial Zone keeps drone stations out of commercial and residential areas. At the June 17 caucus, Council Member Jay Weber raised the possibility of consulting an aviation or drone law attorney and working with the FAA as the city refines its approach.
The Planning Commission's next monthly hearing is scheduled for Sept. 3 at 6:15 p.m. at the Kenton County Government Center, 1840 Simon Kenton Way, Covington.
