Hopkinsville City Zoning Code
SPECIAL USE
DISTRICT
§ 158.400 STATEMENT OF PURPOSE.
This district is intended to provide land use compatibility along US 41A, more particularly described in the Special Use District (SUD) 41A District Map, being the same real property as annexed into the City of Hopkinsville boundaries by virtue of the adoption and enactment of Ord. 2-95, Ord. 18-96 and all subsequent annexations that are contiguous with the original the properties, said ordinances being incorporated herein by reference as if fully set forth. The specific intent of this district is to ensure that land use compatibility is planned and maintained through an emphasis on proper design to preserve areas of productive farming, safeguard existing land uses and to prevent injurious effects on the adjacent properties. Furthermore, the intent of this district is to encourage design flexibility in order to capitalize on a site’s desirable features in ways that might be prohibited under conventional zoning while still accomplishing the primary purpose of this district. At the same time this district is intended to provide appropriate space, adequate parking, sufficient depth from U.S. 41A, controlled access points and orderly and planned development. All requirements of this subchapter shall apply to all subdivisions of land within this district after the adoption of this subchapter.
(Ord. 33-99, passed 11-2-1999; Ord. 32-2001, passed 11-20-2001)
§ 158.401 DEFINITIONS IN ADDITION TO § 158.002.
Definitions in addition to § 158.002, Definitions, of the Hopkinsville Code of Ordinances.
ACCIDENT POTENTIAL ZONE, APZ. (APZ-II as defined in the Fort Campbell Joint Land Use Study, JLUS, dated January 1996). An area 1,000 feet wide by 7,000 feet long, extending 8,000 feet from the end of Ft. Campbell Army Airfield’s runway across Interstate 24 and into the corporate city limits of Hopkinsville (see District Use Map). The APZ possesses a potential for military aircraft accidents. Concentrated development and high density occupation is not recommended.
AGGRIEVED PARTY. One whose legal right has been substantially affected by an act, or whose pecuniary interest is directly and adversely affected by a decision.
AGRICULTURAL (LAND USE CLASSIFICATION #8). The use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided however, that:
(1) The operation of any such accessory use shall be secondary to that of the normal agricultural activities;
(2) The above uses shall not include the feeding or sheltering of cattle, swine or poultry in penned enclosures within 100 feet of any residential Land Use Classification #1, #2 or #3;
(3) The agriculture use does not include the large scale operation or maintenance of a commercial stockyard or feedlot where large numbers of livestock (cattle, swine or poultry) are fed concentrated feed particularly for the purpose of fattening for market.
BALLOON, INFLATED OR TETHERED. An inflatable object or device, that may or may not display commercial messages or logos, that uses gases or air as a means of support.
BANNER SIGN. A sign of lightweight fabric of similar material, with enclosing framework and has a temporary use.
BEACON/SPOTLIGHT SIGN. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source, or any light with one or more beams that rotate.
BUFFER DISTANCE. The required setback for uses which are determined to be incompatible. See § 158.403, Land Use Classification, for the determination of incompatibility. The setback distance is a means to separate incompatible uses and to place emphasis on transitional uses and compatible uses and proper land planning between adjoining property owners.
DAY-NIGHT NOISE LEVEL (DNL). The national uniform standard for noise assessment used by the U.S. Environmental Protection Agency (USEPA). In accordance with the Ft. Campbell Joint Land Use Study (JLUS) and the Ft. Campbell Installation Compatible Use Zone Study (ICUZ ) the following noise zones have been designated for the area of Ft. Campbell and the adjoining communities.
(1) DNL-ZONE I. An area where the outdoor sound level is less than 65 decibels (dB), A-weighted (ADNL - aircraft) or 62 dB C-weighted (CDNL - heavy weapons/explosions). This area, considered to have moderate to minimal noise exposure, is acceptable for noise sensitive land uses.
(2) DNL-ZONE II. An area where the outdoor sound level is 65 - 75 dB (ADNL- aircraft) or 62 - 70 dB (CDNL - heavy weapons/explosions). This area is considered to have a significant noise exposure and is “normally unacceptable” for noise sensitive land uses.
(3) DNL-ZONE III. An area where the outdoor sound level is greater than 75 dB (ADNL - aircraft) or 70 dB (CDNL- heavy weapons/explosions). This zone is considered an area of severe noise exposure and is unacceptable for noise sensitive land uses.
DESIGN PROFESSIONAL. An individual or firm registered and licensed, within the Commonwealth of Kentucky, to perform functions as an architect, landscape architect, surveyor, engineer or other professional accredited and recognized by his or her peers in their specific discipline.
DEVELOPMENT PLAN. A comprehensive site plan for development of a site and/or related use. The required contents of the DEVELOPMENT PLAN are described in § 158.404, Development Plan Exhibits.
FOOT CANDLE. A measurement of illumination. The amount of light produced by one candle at a distance of one foot from the flame.
LAND USE CLASSIFICATIONS. All property within the U.S. 41A shall be classified in the following uses:
(1) ALLOWABLE USE. A use that is allowable by right in an R-1, R-2, R-3, R-4, R-5, B-1, P-1 or B-4 District in accordance with Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances. Allowable uses must meet compatibility requirements with adjoining uses per § 158.403, Land Use Classification, and must be located in the proper land use classification designation.
(2) SPECIAL USE. An allowable use, as defined above, that has been granted a dimensional variance to reduce the buffer distance requirements in § 158.406, Special Standards.
(3) EXISTING USE. A land use classification designated for a specific property requested by the owner during the adoption of the zoning map and the initial Allowable Use in Land Use Classification #8 after approval of the first Development Plan with respect to the property. See the District Use Map.
(4) INCOMPATIBLE USE. A use that does not harmoniously exist with surrounding uses due to use, size, intensity, density or noise. INCOMPATIBLE USES are proposed uses that cannot meet the buffer distance requirement and cannot receive approval of a dimensional variance. INCOMPATIBLE USES are prohibited at the proposed site.
(5) CONDITIONAL USE. A use that is listed as a conditional use in an R-1, R-2, R-3, R-4, R-5, B-1, P-1 or B-4 district in accordance with Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances. Conditional uses must receive a conditional use permit as set forth in Chapter 158 of the code of ordinances, for Classes 1 through 7. Uses proposed for property which is classified as a Class 8 and are listed as a conditional use in Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances shall not be required to apply for a conditional use permit and will be considered a use allowed by right.
(6) LAND USE CLASSIFICATION. The process of determining the classification of a use on a parcel of land by its land use, size, intensity or density. The term LAND USE CLASSIFICATION refers to the classification category a use has been assigned. See § 158.403, Land Use Classification.
(7) PROHIBITED USE. A use which is not allowed in an R-1, R-2, R-3, R-4, R-5, B-1, P-1, B-4 in accordance with Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances. Land Use Classifications are eligible for a Zoning Map Amendment to RMH-1, RMH-2, I-1 and I-2 districts. Upon approval of Zoning Map Amendment, uses by “Right” in RMH-1, RMH-2, I-1 and I-2 are no longer prohibited uses.
(8) PROPOSED USE. A use which is put forward for consideration and approval for development.
(9) TRANSITIONAL USE. A use that is proposed between two different land use classifications. The TRANSITIONAL USE provides for adequate buffering between the differing uses without the necessity of a required buffer distance. The TRANSITIONAL USE provides harmonious transition between differing land use classifications.
LANDSCAPE EASEMENT. In addition to the buffer distance, a LANDSCAPE EASEMENT will also be required between incompatible land use classifications. A landscape easement is an area within the buffer distance which will parallel the outer perimeter property line of the site and will be shown on the development plan. See § 158.406(E)(2), Landscape Easement.
LIGHT LEVEL UNIFORMITY RATIO. The average/minimum ratio. Determined by calculating the light level at every point in the designated area which gives you the average foot candle level. The minimum is the lowest value at any point in the designated area. The lowest reading in the designated area should not be less than one-fourth of the average.
MASTER SIGNAGE PLAN. The MASTER SIGNAGE PLAN shall display a layout of all signs in relation to the site. The MASTER SIGNAGE PLAN shall provide height, square footage and setback dimensions for all signs. The MASTER SIGNAGE PLAN shall also include an illumination plan for any sign that is to be illuminated. The MASTER SIGNAGE PLAN is a part of the application and shall outline: height, location, size and the like.
NOISE SENSITIVE LAND USE. A use that can be negatively impacted by noise generating activities. These land uses include, but are not limited to, residential, transient lodging, schools, churches and hospitals.
OCCUPANT LOAD. Actual number of occupants for whom each occupied space, floor or building is designed. Computed in accordance with Kentucky Building Code (Latest Edition), § 1008.0, Occupant Load, or revised section addressing OCCUPANT LOAD.
PROMOTIONAL DISPLAY/DEVICE. An object or device that is used to attract attention to a specific location. This includes, but not limited to, animated objects that may or may not display commercial messages or logos.
SEXUALLY ORIENTED BUSINESS. Businesses or commercial enterprises, as defined in Chapter 119, Sexual Oriented Businesses, Hopkinsville Code of Ordinances, in which the primary business is the offering of a service or the selling, renting or exhibiting of devices or any other items, intended to provide sexual stimulation or sexual gratification to the customer.
SIGNIFICANT DEVELOPMENT. Any development which will generate 200 or more additional (new) peak direction (inbound or outbound) trips to or from the site during the adjacent roadway’s peak hour or the development’s peak hour.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Includes, but is not limited to, structures or buildings, walls, fences, signs, radio towers, TV antennas and satellite TV disks.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels; for the purpose, whether immediate or future, of sale, lease or building development. A division of land for agricultural use and not involving a new street shall not be deemed a SUBDIVISION if it meets the definition found in KRS 100.111, as amended.
TRANSIENT LODGING. A building or structure or part thereof or land use, in which lodging or boarding are provided and offered to the public for a temporary period of time. TRANSIENT LODGING includes but is not limited to rooming houses, boarding houses, dormitories, lodging houses, apartment hotels, rental suites, bed and breakfasts, recreational vehicle parks and campgrounds.
(Ord. 33-99, passed 11-2-1999; Ord. 32-2001, passed 11-20-2001)
§ 158.402 AUTHORITY.
(A) Administration. The City of Hopkinsville does hereby grant authority to the Hopkinsville-Christian County Planning Commission to act as the Administrator of Zoning pursuant to KRS 100.271 and pursuant to powers and jurisdictions vested through KRS 100.203 and other applicable laws, statutes, ordinances and regulations of the Commonwealth of Kentucky. To administer this chapter, the Hopkinsville - Christian County Planning Commission shall exercise the authority to review, conditionally approve, postpone, approve or disapprove all development plans and may require any change therein deemed necessary or desirable to ensure safety and compatibility within the jurisdictional limits of this district and this subchapter.
(B) Interpretation. The Hopkinsville Board of Zoning Adjustment, created pursuant to KRS 100.217, as amended, and § 158.303, Board of Zoning Adjustment, Hopkinsville Code of Ordinances, shall act as the arbitrator to clarify all matters concerning the interpretation of this subchapter. Actions for interpretations shall follow the procedures set forth in KRS 100.257, as amended, and § 158.303, Board of Zoning Adjustment, Hopkinsville Code of Ordinances. All aggrieved parties to an interpretation shall have the legal recourse to the Circuit Court System.
(Ord. 33-99, passed 11-2-1999)
§ 158.403 LAND USE CLASSIFICATION.
(A) Creation. The SUD 41A is hereby created and designed to accommodate the variety of mixed land uses and provide for the compatibility among those uses. All land uses within this district shall be determined as either an allowable use, an existing use, a special use, transitional use or a prohibited use and a land use classification assigned per this section. Allowable uses, existing uses, transitional uses and special uses shall be assessed to determine the land use classification. The land use classification identifies and determines the use, the size, the intensity and or density of the property and how the use relates to surrounding uses.
(1) To determine the land use classification within the SUD 41A, for a proposed use, the listed steps shall be followed:
(a) Identify the type of proposed use and determine if the proposed use is allowable, pursuant to the definition of an allowable use;
(b) Identify the size and intensity/density of the use and determine the land use classification of the allowable use; and
(c) Categorize the proposed use by the land use classification, determine the adjoining land use classifications and if the proposed use is compatible.
(2) Parcels of property that have been assigned a land use classification shall only be developed per the standard in which that land use classification permits. Land use classification boundaries shall observe parcel (lot) boundaries. Land use classifications assigned at the time of adoption of this subchapter shall remain assigned to that property until a rezoning request is made and granted. Subdivision and/or conveyance to another property owner shall not change the land use classification that was originally assigned to that property at the adoption of this subchapter. All allowable uses within this district shall fall within the following land use classifications:
(a) Land use classification #1. Single Family Residential (Uses allowable in an R-1, R-2 District) minimal lot size 10,000 square feet;
(b) Land use classification #2. Single Family/Duplex Residential (Uses allowable in an R-1, R-2, R-3 District):
1. Minimal lot size: 7,500 square feet per unit; and
2. Minimal lot size: 10,000 square feet per two units (Duplex).
(c) Land use classification #3. Single Family/Duplex/Multi-Family Residential (Uses allowable in an R-1, R-2, R-3, R-4, R-5 District)/PUD/ZLL:
1. Minimal lot size: 5,000 square feet per unit (Single Family);
2. Minimal lot size: 8,000 square feet per two units (Duplex); and
3. Minimal lot size: 2,170 square feet per unit (Multi-family-3 units or more).
(d) Land use classification #4. Light Commercial (Uses allowable in B-1, P-1):
1. Occupant load less than 50; and
2. Less than 20,000 square feet lot size.
(e) Land use classification #5. Medium Commercial (Uses allowable in B-1, P-1):
1. Occupant load more than 50; or
2. 20,000 square feet or more lot size.
(f) Land use classification #6. Commercial (uses allowable in B-4):
1. Occupant load less than 50; and
2. Less than 20,000 square feet lot size.
(g) Land use classification #7. Heavy Commercial (Uses allowable in B-4):
1. Occupant load more than 50; or
2. 20,000 square feet or more lot size.
(h) Land use classification #8. Vacant/Agricultural (See § 158.401; Definitions). Includes allowable uses found within the land use classifications 1 through 7, which meets the requirements of this subchapter.
(B) Allowable uses.
(1) All allowable uses are required to submit a development plan to the Planning Commission for review and approval. A development plan review fee will be required upon submission of the development plan.
(2) In such cases where an existing use proposes to increase the intensity/density or changes the land use classification and therefore requiring it to meet additional buffer distance and landscape easement requirements with the adjoining uses, the proposed use shall be required to comply with the provisions set forth in this subchapter and the zoning map amendment process found in §§ 158.240 through 158.249, Amendments, Hopkinsville Code of Ordinances, and the standards contained in KRS Chapter 100, as amended.
(3) A proposed use which is not allowable in the land use classification designated on the SUD 41A Map after the adoption of this subchapter, shall have the right to submit an application for a zoning map amendment in accordance with §§ 158.240 through 158.249, Amendments, Hopkinsville Code of Ordinances and the standards contained in KRS Chapter 100, as amended.
(4) Allowable uses shall comply with the buffer distance requirements in accordance with the “Compatibility of Use Chart”, § 158.403(E), “Buffer Distance Chart” and the “Landscape Easement Standards”, § 158.406(E) of this subchapter. A proposed use that cannot meet the buffer distance requirement shall have the right to submit an application for a dimensional variance to the Board of Zoning Adjustment. The Board of Zoning Adjustment will render a decision on the dimensional variance request. If the proposed use fails to receive a dimensional variance it will be deemed an incompatible use and be prohibited at the site.
(5) Action taken by the Planning Commission is based upon the applicant’s development plan providing the required design control measures to ensure proper transition with adjoining uses or design compatibility with adjoining uses, present and future.
(6) The development plan shall be conditionally approved, postponed, approved or disapproved by the Planning Commission.
(C) Existing uses. All existing uses shall comply with the same development process as a proposed use if altered, changed or modified. An existing use, which remains unchanged, shall be considered an allowable use.
(D) Special uses.
(1) All special uses are required to submit a development plan to the full Planning Commission for review and approval. A development plan review fee will be required upon submission of the development plan.
(2) All special uses shall comply with the same development process as a proposed use if altered, changed or modified.
(3) Action taken by the Planning Commission is based upon the applicant’s development plan providing the required design control measures to ensure proper transition with adjoining uses or design compatibility with adjoining uses, present and future.
(4) The development plan shall be conditionally approved, postponed, approved or disapproved by the Planning Commission.
(E) Compatibility of use chart. The following chart depicts the degree of compatibility of an allowable use with its adjoining uses. An “X” denotes no buffer distance or
landscape easement is required between the proposed use and the adjoining use. A “B” denotes that a buffer distance and landscape easement is required between the proposed use and the adjoining use. See § 158.406(E), Buffering, of this subchapter for buffer distance and landscape easement requirements.
(E) Compatibility of use chart. The following chart depicts the degree of compatibility of an allowable use with its adjoining uses. An “X” denotes no buffer distance or
landscape easement is required between the proposed use and the adjoining use. A “B” denotes that a buffer distance and landscape easement is required between the proposed
use and the adjoining use. See §158.406(E), Buffering, of this subchapter for buffer distance and landscape easement requirements.
Land Use | ||||||||
Adjoining Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Land Use | ||||||||
Adjoining Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1 | X | X | B | B | B | B | B | X |
2 | X | X | X | B | B | B | B | X |
3 | B | X | X | X | B | B | B | X |
4 | B | B | X | X | X | X | B | X |
5 | B | B | B | X | X | X | X | X |
6 | B | B | B | X | X | X | X | X |
7 | B | B | B | B | X | X | X | X |
8 | X | X | X | X | X | X | X | X |
(F) Prohibited uses.
(1) The following uses are prohibited within the SUD 41A:
(a) Industrial uses that are allowed by “right” in Light Industrial (I-1) and Heavy Industrial (I-2) Districts, per Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances, are prohibited in this district. Industrial uses (I-1, I-2) may be allowed by “right” through a zoning map amendment in the SUD 41A, or by designation of the I-1 or I-2 District by the property owner during the classification and adoption of the official zoning map;
(b) Developments in the APZ that involve a large concentration of development and/or large concentrations of people, average density of greater than 25 people per acre per hour during a 24-hour period or a single event that would result in the gathering of 50 or more individuals per acre at any one time;
(c) Specific developments in a DNL-II and DNL-III Zones, per Table II, found in § 158.406 of the code of ordinances;
(d) Landfills;
(e) Mobile homes and mobile home parks allowed by “right” in Residential Manufactured (Mobile) Housing Districts (RMH-1 and RMH-2), per Chapter 158, Appendix A, Schedule of Uses, of the Hopkinsville Code of Ordinances, are prohibited in this district. Residential Manufactured Housing (RMH-1, RMH-2) may be allowed by “right” through a zoning map amendment in the SUD 41A, or by designation of the RMH-1 or RMH-2 District by the property owner during the classification and adoption of the official zoning map;
(f) Sexually oriented businesses; and
(g) Commercial livestock operations to include, but not limited to, swine, poultry or cattle operations.
(2) A prohibited use may be subject to a zoning amendment request pursuant to the chart below:
Prohibited | I-1, I-2 (See Schedule of Use Chart, as I-1, I-2) | High Density/intensity development in APZ | Landfills | Mobile Homes/Mobile Home Parks (See Schedule of Use Chart, as RMH-1, RMH-2) | Sexually Oriented Businesses | Commercial Cattle, Swine, Poultry Operations |
Zoning Map amendment eligible | YES | NO | NO | YES | NO | NO |
(G) Land Use Classification 8 (vacant/agricultural use).
(2) The development of a Land Use Classification 8 parcel shall be required to meet the standards of this subchapter and other subchapters in this chapter.
(3) The land use classification shall be established for the parcel during the development plan process.
(4) The development of a Land Use Classification 8 parcel shall, at the time of development, be classified according to the proposed use, as shown on the development plan, in accordance with the definitions of this article. The proposed use of the parcel will not change the actual land use classification, given at the time of the adoption of this chapter. The recorded Development Plan will be used to classify the property as an existing use. An existing use which subsequently changes the existing density and/or intensity and/or established land use classification, as shown on the recorded Development Plan, will be required to go through the zoning amendment procedures as set forth in Chapter 158, §§ 158.240 through 158.249, Amendments, of the Hopkinsville Code of Ordinances.
(Ord. 33-99, passed 11-2-1999; Ord. 32-2001, passed 11-20-2001)
§ 158.404 DEVELOPMENT PLAN PROCESS.
The development plan process is a four part process that consists of the pre-application conference, the submission of development plan exhibits, review and filing of the development plan.
(A) Preapplication conference. Prior to formal submission of a proposed development plan, the applicant or his or her agent shall have a conference with the Planning Commission to:
(1) Determine if the proposed use is allowable;
(2) Determine the classification of the allowable use;
(3) Determine the adjoining use classifications and if the proposed use is compatible;
(4) Discuss the dimensional variance procedure if necessary; and
(5) Discuss the effect the comprehensive plan, the zoning ordinance, the joint land use study and other land development measures would have on the proposed development. In addition, the pre-application conference may be utilized for determining what other elements may be necessary for the development plan.
(B) Development plan exhibits. A development plan addressing the extent to which said development complies with this and other applicable ordinances and reasons why the proposed use is suitable and appropriate for this district shall be submitted to the Planning Commission. The development plan shall include, at a minimum:
(1) Land use classification # 1-3 development plans are not required to be drafted by a registered design professional unless it requires a subdivision plat or the Planning Commission staff deems it necessary for review. Land use classification # 4-7 development plans shall be drafted by a registered design professional properly licensed and registered in the state of Kentucky. An initial development plan review fee will be required upon the submission of the development plan. The Planning Commission will have 30 working days to review a development plan for compliance with the ordinance;
(2) A signed statement by the applicant that the applicant understands and agrees that approval of the development plan and subsequent permits granted under this chapter may be revoked should actual use of the property deviate from any development plan approved by the Planning Commission;
(3) Sufficient information to show the relationships between proposed land uses, natural features, roads, utilities and recreational amenities. The Planning Commission shall determine the information required to be shown on the development plan based in part on the degree to which the proposed development deviates from the applicable ordinance requirements;
(4) The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed. A legal description and accompanying map exhibit of the property, showing the location and type of boundary evidenced and to include a vicinity map;
(5) Date, north seeking arrow and scale. All development plans shall be drawn to one inch = 100 feet or one inch = 200 feet scale to clearly delineate the applicant’s proposed use and development of the subject property. The scale shall be indicated on the development plan;
(6) Name and address of record of landowner, registered architect/engineer/surveyor and contractor;
(7) The population density and intensity of use for each part of the site to be developed;
(8) The location and size of any common open space, if proposed, and the form of organization proposed to own and maintain any common space;
(9) Size, height, bulk and location of existing and proposed structures and driveways on the subject property, and turning lanes and crossover points within 100 feet of the property;
(10) The proposals for disposition of sanitary waste;
(11) The content of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities easements;
(12) The provisions for parking of vehicles and the location and width of proposed streets and public ways and maintenance of public improvements in accordance with Chapter 162, Maintenance for Public Improvements, of the Hopkinsville Code of Ordinances;
(13) The compliance with §§ 158.035 through 158.043, General District Regulations; §§ 158.160 through 158.163, Off-Street Parking, Storage and Loading Requirements; §§ 158.175 through 158.184, Signs and Outdoor Advertising Displays; §§ 158.195 through 158.201, Home Occupations, of the Hopkinsville Code of Ordinances;
(14) In cases where plans call for development over a period of years or the development of mixed densities or intensities, a schedule shall be submitted, showing the proposed times within which applications for final approval of all sections of the planned development are intended to be filed. In such cases where the implementation or construction extends beyond two years after original approval, the Planning Commission may require plans to be resubmitted for review and compliance with this chapter;
(15) Location of existing and proposed rights-of-way, easements and infrastructure (streets, sewers, water lines and the like) including proposed easements for public utilities easements;
(16) Existing topography and final grades;
(17) Locations of areas subject to flooding, center lines of drainage courses and finished floor elevations of proposed buildings;
(18) Construction plans (in accordance with the Kentucky Building Code) for approval for all proposed buildings;
(19) The yard dimensions, required and provided, from the development boundaries and adjacent streets and alleys;
(20) The traffic and the pedestrian circulation plan, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths. A Land Use Classification # 7 proposed within this district, shall submit a traffic impact study if determined to be a “significant development”. As used herein, the term “significant developments” shall mean any development which will generate 200 or more additional (new) peak direction (inbound or outbound) trips to or from the site during the adjacent roadway’s peak hour or the development’s peak hour. Traffic impact study requirements are defined in § 158.406, division (B), Traffic Circulation, of this chapter. In such cases, the traffic circulation plan shall be approved by the Planning Commission, and they may require changes therein deemed necessary or desirable to ensure safety, to minimize traffic difficulty and to safeguard adjacent properties;
(22) A Landscape Plan, detailing all proposed landscaping and buffering for the site in accordance with § 158.406(E), Buffering, of this chapter;
(24) Drainage and Storm Water Management Plan sufficient to meet the Storm Water Management and Control Ordinance, Chapter 155 and Flood Damage Prevention Ordinance, Chapter 151 requirements, of the Hopkinsville Code of Ordinances;
(26) Other such information the Planning Commission deems appropriate.
(C) Review/filing of development plans.
(1) Allowable use. The Development Plan is submitted to the Planning Commission. The Planning Commission shall consult applicable department heads, to include, but not limited to, police, fire, utilities, public works, DOD planners and the like, for their review, comments and recommendations pertaining to the Development Plan. The Planning Commission will have 30 working days to review and make the following decision:
(a) Approve the Development Plan as submitted;
(b) Defer approval and require the applicant to make changes in order to comply with this chapter. Deficiencies will be reported and given to the developer to address;
(c) Reject the Development Plan as inappropriate with design standards established in this chapter; and
(d) Filing of Development Plan. Upon approval of the Development Plan, the Planning Commission shall issue the applicable building and zoning permits. The Development Plan shall be filed within the office of the County Court Clerk, as required in KRS 100.3681, as amended. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(2) Special use. Special uses that have obtained a dimensional variance for a buffer distance requirement may submit a Development Plan to the Planning Commission for review and approval. The Planning Commission shall consult applicable department heads, to include but not limited to police, fire, utilities, public works and the like, for their review, comments and recommendations for the proposed special use development plan. The Planning Commission will have 45 working days to review and make a decision on the proposed special use development plan.
(a) Upon receipt of a Special Use Development Plan, the Planning Commission shall notify the public of the Special Use Development Plan in one or more newspapers of general circulation of the city at least 14 days before the Planning Commission’s meeting and decision. The Special Use Development Plan staff report will be available for review by the public seven days before the Planning Commission meeting.
(b) The Planning Commission staff will post notice of special use development plan on property at least 14 days prior to the Planning Commission’s decision.
(c) At the scheduled Planning Commission meeting the Planning Commission shall by vote approve, reject or defer the Special Use Development Plan based upon the Special Use Development Plan’s compliance with the specific design requirements in this subchapter. Deficiencies will be reported and given to the developer to address.
(d) Upon approval of the Special Use Development Plan the Planning Commission shall issue the applicable building and zoning permits. The Development Plan shall be filed within the office of the County Court Clerk, as required in KRS 100.3681. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(3) Appeals from Planning Commission decisions. A decision to approve or reject a development plan shall constitute final action by the Planning Commission. Aggrieved parties may seek relief of a Planning Commission decision through the Christian County Circuit Court in accordance with KRS 100.347, as amended. An appeal shall be made within 30 days of the Planning Commission’s written decision.
(Ord. 33-99, passed 11-2-1999)
§ 158.405 GENERAL STANDARDS.
The following standards are required.
(A) Land Use Classification #1, #2 and #3.
(1) Building site area. The minimum building site area shall be:
(a) Land Use Classification #1: single-family detached: 10,000 square feet per unit;
(b) Land Use Classification #2:
1. Single-family detached: 7,500 square feet per unit; and
2. Two-family (duplexes): 10,000 square feet per two units.
(c) Land Use Classification #3.
1. Single-family detached: 5,000 square feet per unit;
2. Two-family (duplexes): 8,000 square feet per two units; and
3. Multi-family units: 2,170 square feet per unit, three or more.
(2) Building site width.
(a) The minimum site width at the building setback line shall be:
1. Single-family detached: 50 feet;
2. Two-family (duplexes): 50 feet; and
3. Multi-family: 60 feet.
(b) Lots that have frontage on, abut and/or adjoin U.S. 41A will have a 100-foot minimum site width requirement for that property line that faces U.S. 41A.
(3) Building site coverage. The total lot coverage permitted for all buildings on the site shall not exceed:
(a) Single-family detached: 45%;
(b) Two-family (duplexes): 50%; and
(c) Multi-family: 55%.
(4) Building height limit. The maximum building height shall not exceed:
(a) Single-family detached: 35 feet;
(b) Two-family (duplexes): 35 feet; and
(c) Multi-family: 50 feet.
(5) Setback requirements. The minimum requirements for yards:
(a) Front yard: 25 feet;
(b) Rear yard: 15 feet; and
(c) Side yard: ten feet.
(6) Special setback requirements.
(a) Lots that have frontage on, abut and/or adjoin U.S. 41A will have a 90-foot setback requirement for that property line that faces U.S. 41A. Corner lots that have frontage on, abut and/or adjoin U.S. 41A will have a minimum setback of 40 feet for the property line that faces the intersecting street of US 41A.
(b) Where a landscape easement is required, the landscape easement shall be included into the required buffer distance setback.
(c) In situations where a buffer distance is required for the property that adjoins an incompatible land use classification, the buffer distance for the side adjacent to the incompatible use shall be the required setback distance.
(B) Land use classification #4, #5, #6 and #7.
(2) Building site width. The minimum building site width measured at the setback will be 100 feet. Lots that have frontage on, abut and/or adjoin US 41A will have a 100 foot minimum site width requirement for that property line that faces U.S. 41A.
(3) Building site coverage. The maximum building site coverage by all buildings shall not exceed 55% of lot area.
(4) Building height limit. No structure shall exceed 50 feet in height.
(5) Setback requirements. The minimum requirements for commercial yards:
(a) Front yard: 40 feet;
(b) Rear yard: 20 feet; and
(c) Side yard: ten feet.
(6) Special setback requirements.
(a) Lots that have frontage on, abut and/or adjoin U.S. 41A will have a 90-foot setback requirement for that property line that faces U.S. 41A. Corner lots that have frontage on, abut and/or adjoin U.S. 41A will have a minimum setback of 40 feet for the property line that faces the intersecting street of U.S. 41A.
(b) Where a landscape easement is required, the landscape easement shall be included into the required buffer distance setback.
(c) In situations where a buffer distance is required for the property that adjoins an incompatible land use classification, the buffer distance for the side adjacent to the incompatible use shall be the required setback distance.
(C) Land use classification #8. The following standards are for new developments.
(1) Building site area. No minimum building site area.
(2) Building site width. The minimum building site width measured at the setback will be 100 feet. Lots that have frontage on, abut and/or adjoin U.S. 41A will have a 100-foot minimum site width requirement for that property line that faces U.S. 41A.
(3) Building site coverage. The maximum building site coverage by all buildings shall not exceed 55% of lot area.
(4) Building height limit. No structure shall exceed 50 feet in height.
(5) Setback requirements. The minimum requirements for agricultural yards.
(a) Front yard: 25 feet;
(b) Rear yard: 15 feet; and
(c) Side yard: ten feet.
(6) Special setback requirements.
(a) Lots that have frontage on, abut and/or adjoin U.S. 41A will have a 90-foot setback requirement for that property line that faces U.S. 41A. Corner lots that have frontage on, abut and/or adjoin U.S. 41A will have a minimum setback of 40 feet for the property line that faces the intersecting street of U.S. 41A.
(b) Where a landscape easement is required, the landscape easement shall be included in the required buffer distance setback.
(c) In situations where a buffer distance is required for the property that adjoins an incompatible land use classification, the buffer distance for the side adjacent to the incompatible use shall be the required setback distance.
(D) Subdivisions. All subdivisions of land shall comply with the rules and regulations of land subdivisions in the Hopkinsville Subdivision Regulations. All major and minor subdivisions of land, as defined in the Hopkinsville Subdivision Regulations, that have frontage on, abut and/or adjoin U.S. 41A, that have or propose to have direct access onto U.S. 41A or industrial lots, are required to have five or more acres per lot in area. Lot size can be reduced if access onto U.S. 41A is not direct access and has indirect access either by frontage roads or intersecting streets.
(Ord. 33-99, passed 11-2-1999)
§ 158.406 SPECIAL STANDARDS.
(A) Signs. All signs and outdoor advertising displays are subject to the provisions established in §§ 158.175 through 158.184 Hopkinsville Code of Ordinances, Signs and Outdoor Advertising Displays. The following are additional requirements to provisions set forth in §§ 158.175 through 158.184 Hopkinsville Code of Ordinances; master signage plans submitted with development plans are subject to review and approval by the Planning Commission.
(1) The following items are prohibited from this district:
(a) Banners;
(b) Beacons/spotlights;
(c) Promotional displays/devices;
(d) Inflated or tethered balloons; and
(e) Billboards.
(2) The setback for all signs and outdoor advertising displays shall be 50 feet on the property line that has frontage on U.S. 41A. For lots that face a street that intersects with U.S. 41A the setback for signs is ten feet and must observe the 50-foot setback for the side property line that abuts U.S. 41A. No sign or outdoor advertising display shall be placed in a required buffer distance or landscape easement.
(B) Traffic circulation.
(1) Points of vehicular ingress and egress to the site shall be limited to the adjacent major or minor arterial only, and site plans shall be reviewed and approved by the Planning Commission and the Kentucky Department of Transportation for location and design of curb cuts, driveways and for layouts of parking lots.
(2) Crossovers on U.S. 41A will be placed no closer than 1,200 feet to any existing crossover. In cases where the Kentucky Transportation Cabinet has classified the portion of U.S. 41A, abutting the property, as an Urban Corridor, this distance may be reduced from 1,200 to 600 feet. Crossovers shall be reviewed and approved by the Planning Commission and the Kentucky Transportation Cabinet.
(3) The minimum width of entrances/exits at the property lines shall be 16 feet for a one-way entrance/exit and the maximum width shall be 36 for a two-way entrance/exit.
(4) The minimum distance between entrances/exits shall be 65 feet. The minimum distance between entrances/exits on sites that have frontage on U.S. 41A shall be 100 feet. In such cases where that distance cannot be met, e.g., lot width, existing entrances/exits and the like, consideration is based upon sound traffic circulation principals during the review and approval of the development plan in coordination with the Kentucky Department of Transportation.
(5) The minimum distance of any entrance/exit to property line shall be seven feet.
(6) The minimum distance a driveway into a site shall be from a street intersection shall be 35 feet measured from the nearest street right-of-way to the nearest end of the curb radius. For streets intersecting with U.S. 41A the minimum distance a driveway into a site shall be 100 feet measured from the nearest street right-of-way to the nearest end of the curb radius.
(7) A traffic impact study shall be required when a land use classification #7 (See § 158.403, Land Use Classification) is defined a SIGNIFICANT DEVELOPMENT within this district. The term SIGNIFICANT DEVELOPMENT shall mean any development which will generate 200 trips to or from the site during the development’s peak hour. The traffic impact study will be utilized by the Planning Commission to Evaluate the traffic circulation plan and how the proposed use’s increased traffic will impact the surrounding area. A “significant development” of a land use classification #7 shall be required to submit a traffic impact study. The traffic impact study shall contain the following information:
(a) Study purpose and objectives;
(b) Description of the site and study area. Care should be taken to include all known congested locations that may be impacted by the proposed development;
(c) Anticipated nearby development;
(d) Documented trip generation for each land use and total trip generation, including assumptions and reasoning, and the sources of trip generation estimates for residential developments. Additionally, for nonresidential development, any adjustments to trip generation rates to reflect pass-by trips captured, mixed-use, walk-ins and the like should be justified in the report;
(e) Trip distribution and assignment including methodology, assumptions and reasoning underlying the distribution and assignment;
(f) Capacity and level of service determination during the peak or critical periods for the full development year for all affected streets/roads as measured from the boundary of the property to the first collector or arterial intersection in both directions;
(g) Recommendations, if any, for site access and public transportation improvements needed to maintain traffic flow to, from, within and past the site at an acceptable and safe level of service (Level of Service C, as defined in the Highway Capacity Manual, Special Report 209, Washington, D.C.: Transportation Research Board, Latest Edition);
(h) Existing conditions in the area of the development to include current annual average daily traffic (AADT) and peak hour traffic volume counts on the adjacent road or roads and intersections (including turning movements), existing level of service on roadways, and physical characteristics of the subject roadways;
(i) Full development year traffic volumes (assuming full build out and occupancy) composed of all of the following:
1. Existing traffic volumes;
2. Non-site traffic volume growth in the corridor between the existing year and the full development; and
3. The traffic volume added by the proposed development.
(j) A description of any government initiated roadway/ intersection improvements which have been assumed as being in place at full development;
(k) An assessment of the change in roadway and intersection operating conditions resulting from the development traffic;
(l) If necessary, other factors should be analyzed: safety neighborhood impacts, service and delivery access, pedestrian and bicycle movements, adequacy of parking, traffic control needs, circulation patterns, transit needs or impacts and so forth; and
(m) Statement as to the proposed improvements which will be at the developer’s expense.
(8) The analysis should be presented in a straightforward and logical sequence.
(C) Parking.
(2) The entire parking area shall be paved with a permanent surface of concrete, asphaltic cement, cobble stone, brick or grid paving and shall be graded and drained in accordance with the approved storm water management plan. Any unpaved area shall be landscaped with lawn or other acceptable landscaping materials, maintained in a neat and orderly fashion at all times, and as required in §§ 158.210 through 158.228, Buffering and Landscaping, of the Hopkinsville Code of Ordinances and division (E), Buffering, of this section.
(3) Parking areas with 50 or more parking spaces shall be divided by landscaping buffers of at least five feet wide. The landscape buffer shall be accordance with the planting schedule for the ten foot landscape easement in this section, excluding the fence requirement.
(4) No parking area shall be placed in a required buffer distance or landscape easement.
(D) Exterior lighting. The objective of the lighting guidelines is to reduce the visual impact of large parking lots at night while accentuating the image of developments. Toward that end, developers should concentrate on effective
and creative lighting of architectural features, pedestrian walkways and entries, main vehicular routes, signage and landscape elements.
(1) Exterior lighting proposed on the site shall be planned, erected and maintained so light is downward facing, confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.
(2) Maximum height of lights will not exceed 30 feet.
(3) Maximum foot candle average illumination shall be five foot candles. Listed below are the illumination levels and types to be used in this district.
Light Levels and Types | Area | Lamp Type | Uniformity Ratio | |
Average Maintained (foot candles) | Illumination (foot candles) | |||
1 | Parking areas | High pressure sodium | 4:1 | 1.0 |
2 | Main pedestrian routes (storefronts/entrances) | Metal halide | 4:1 | 2.0 |
3 | Architectural, landscape and signage | Metal halide | 4:1 | 5.0 |
(4) All light fixtures shall be equipped with a cutoff or beveled prism type that directs the casting of light to less than 90 degrees.
(5) Public decorative lighting, as defined in Chapter 162 of Hopkinsville Code of Ordinances, installed by the developer shall comply with the regulations and procedures set forth in the Maintenance Ordinance for Public Improvements, Chapter 162, Hopkinsville Code of Ordinances.
(6) No light fixture shall be placed in a required buffer distance or landscape easement.
(7) All design concepts shall be reviewed and submitted with the Development Plan. Design concepts shall contain the following:
(a) Lighting layout plan;
(b) Light fixture elevations;
(c) Lamp types;
(d) Uniformity ratios;
(e) Average maintained illumination in foot candles; and
(f) Certification from the design professional stating that the design concept meets the guidelines within this section.
(E) Buffering.
(1) Buffer distance.
(a) Requirement. A proposed use, that after classification, is determined to be an allowable use shall meet the required buffer distance and landscape easement requirements as set forth in this section.
(b) Scenarios. The buffer distance is required for the proposed use and shall be applied according to one of the five listed scenarios. When the application of the buffer distance is questioned, the Planning Commission will make the determination as to where to measure the buffer distance. The Planning Commission decision can be appealed to the Board of Zoning Adjustment.
1. Existing classification. When there are two existing incompatible land use classifications separated by a common property line, the property which physically develops first shall be required to observe the buffer distance requirement. The buffer distance shall be measured from the common property line to the structure. See § 158.401, Definitions, for the definition of a structure.
2. Amended classification. When a Land Use Classification is amended and the change creates two incompatible uses which are separated by a common property line, the property which physically develops first shall be required to observe the buffer distance requirement. The buffer distance shall be measured from the common property line to the structure. See § 158.401, Definitions, for the definition of a structure.
3. Mixed uses. When a Mixed Use Development Plan is submitted which has incompatible uses or land use classifications, the owner/developer will have the option to meet the buffer distance requirements between the incompatible uses within the development. The incompatibility of uses or classifications to adjoining properties to the mixed use development will be required to adhere to the buffer distance requirements. The property which develops first shall be required to observe the buffer distance requirement. The buffer distance requirement shall be measured from the common property line to the structure. See § 158.401, Definitions, for the definition of a structure.
4. Agricultural classifications. When a Land Use Classification # 8 piece of property is developed and the subsequent Land Use Classification is incompatible to the Land Use Classification which is separated by a common property line, the property which develops first shall be required to observe the buffer distance requirement. The buffer distance requirement shall be measured from the common property line to the structure. See § 158.401, Definitions, for the definition of a structure.
5. Nonconforming uses, structures or uses and structures. When an existing nonconforming use, structure or use and structure is amended, modified, enlarged or changed, which creates an incompatibility with adjoining classifications separated by a common property line, the property owner will be required to make an application for a conditional use permit to the Board of Zoning Adjustment. The buffer distance requirement will be determined by the Board and set forth as a condition in the conditional use permit.
6. Incompatibility. When a land use is proposed and the proposed land use is incompatible with the existing land use classification of the adjoining property owner, the required buffer distance can be reduced by agreement between the affected property owners of record. The negotiated buffer distance for each property shall be in writing and in a form which can be recorded in the Christian County Clerk’s Office and shall run with the land. The buffer distance will not be reduced to less than the minimum setback required in the land use classification.
(c) Buffer distance determination. Buffer distance is required in increments of 50 feet. Buffer distance requirements are determined by the following buffer distance chart:
Buffer Distance Chart (Adjoining Use) | ||||||||
Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Buffer Distance Chart (Adjoining Use) | ||||||||
Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1 | X | X | 50 | 100 | 150 | 200 | 250 | X |
2 | X | X | X | 50 | 100 | 150 | 200 | X |
3 | 50 | X | X | X | 50 | 100 | 150 | X |
4 | 100 | 50 | X | X | X | X | 100 | X |
5 | 150 | 100 | 50 | X | X | X | X | X |
6 | 200 | 150 | 100 | X | X | X | X | X |
7 | 250 | 200 | 150 | 100 | X | X | X | X |
8 | X | X | X | X | X | X | X | X |
Notes to table: X denotes “Buffer distance not required” | ||||||||
(d) Use. The buffer distance shall not be used for any purpose. No structures, buildings, accessory structures, parking lots, storage areas, street lights, streets, drives, driveways, access points, signage, lights, towers, antennas, display areas or any use as determined as incompatible by the Planning Commission. The placement of the landscape easement is allowable within the buffer distance. A transitional use may be placed in the buffer distance if the requirements of this chapter are met.
(2) Landscape easement standards.
(a) Landscape easements shall be located on the side and rear lot lines of developments extending to the lot boundary line. Landscape easements shall not extend into or be located within any portion of an existing street right-of-way.
(b) To determine requirement between two adjoining lots, the following procedure shall be followed:
1. Identify the classification of use for proposed development from § 158.403;
2. Identify the classification of use for each of the adjoining uses from § 158.403; and
3. Determine the landscape easement requirement for those side and rear lot lines or portion thereof on the parcel by referring to the Landscape Easement Requirement Chart:
Landscape Easement Requirement (Adjoining Use) | ||||||||
Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
Landscape Easement Requirement (Adjoining Use) | ||||||||
Use Classification | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
1 | X | X | 10’ | 20’ | 30’ | 40’ | 50’ | X |
2 | X | X | X | 10’ | 20’ | 30’ | 40’ | X |
3 | 10’ | X | X | X | 10’ | 20’ | 30’ | X |
4 | 20’ | 10’ | X | X | X | X | 20’ | X |
5 | 30’ | 20’ | 10’ | X | X | X | X | X |
6 | 40’ | 30’ | 20’ | X | X | X | X | X |
7 | 50’ | 40’ | 30’ | 20’ | X | X | X | X |
8 | X | X | X | X | X | X | X | X |
Notes to table: | ||||||||
X denotes “Landscape easement not required” | ||||||||
Landscape easement requirement denoted in increments of ten feet in width | ||||||||
(c) Table “1”, Recommended Landscape Easement, denotes plant units required for each variation of the landscape easement. Existing plant material may be counted as contributing to the total landscape easement requirement. (See Chapter 158, Appendix E)
(d) Should a developed use increase in intensity from an approved land use classification to a higher one (e.g., land use classification # 4 to land use classification # 5), the Planning Commission shall, during the development plan review process, determine if a landscape easement is needed and if so to what extent and type.
(e) Should a scenario exist where the buffer distance is, by agreement, reduced or eliminated, the Planning Commission shall, during the development’s plan review process, determine if the landscape easement is needed and if so to what extent and type. A scenario whereby the agreement for the buffer distance is reduced or eliminated by the affected property owners, the affected property owners may also negotiate and reduce or eliminate the required landscape easement. The negotiated agreement for the reduction or elimination of the landscape easement shall be in writing and in form which can be recorded in the Christian County Clerk’s Office and shall run with the land.
(f) Plant materials. All plant materials required within a specified landscape easement shall be planted to completion within six months from date of approval of the development plan and thereafter be properly maintained.
1. Type of plants.
a. Deciduous trees. Maple, oak, birch, beech, linden, honey locust, ash, gingko. Minimal allowable size of not less than two and one-half inches in caliper.
b. Deciduous shrubs (shrub like trees) Dogwood, redbud, flowering crab, hawthorn, magnolia, fruit (pear, cherry, plum, peach); (Shrubs): honeysuckle, lilac, cotoneaster, forsythia, euonymus, hydrangea, privet, sumac. Minimal allowable size of not less than one and one-half inches in caliper.
c. Evergreens. Pine, fir, spruce, hemlock, juniper, yew, arborvitae. Minimal allowable size of not less than one and one-half inches in caliper.
2. Maintenance. Maintenance responsibility of a required landscape easement shall remain with the owner of the property. Maintenance shall consist of mowing, removal of litter and dead plant materials, replacement of plant materials, and necessary pruning. Natural or human-made water courses within a landscape easement shall be maintained as free flowing and free of debris.
3. Flow of surface water. In no case shall any planting, berm, wall or other buffering element be placed in such a manner as to obstruct, divert or otherwise impede the flow of surface water through any platted easement or natural drain. No planting, berm, wall or other buffering element shall be placed in any retention and/or detention basin. In cases where utility easement, drainage easements or basins constitute a width greater than 50% of the required width of the landscape easement, said landscape easement shall be increased.
4. Open storage. All open storage of merchandise, material and equipment shall be screened by adequate ornamental fencing or evergreen planting at the side or rear of the lot. Maximum screening shall be ten feet in height. All screening designs shall be reviewed and approved in the development plan. No storage of merchandise, material and equipment shall be placed in a required landscape easement or buffer distance.
5. Transitional use. In such situations where a transitional use is proposed between two incompatible land use classifications for buffering purposes and different property owners are involved, the transitional use shall be developed prior to the development of the incompatible use or uses.
(F) Additional restrictions within SUD 41A. An overlay zone is created and shall be designated on the official zoning map as follows:
(1) APZ, Accident Potential Zone;
(2) DNL-II, Day-Night Noise Level Zone II; and
(3) DNL-III, Day-Night Noise Level Zone III.
(G) Table. The table below lists the specific restrictions with the overlay zones of the SUD 41A.
TABLE II Specific Development Restrictions Within SUD 41A | |||
Land Use Classification | APZ-2 (Allowable) | DNL Zone II (Allowable) | DNL Zone III (Allowable) |
TABLE II Specific Development Restrictions Within SUD 41A | |||
Land Use Classification | APZ-2 (Allowable) | DNL Zone II (Allowable) | DNL Zone III (Allowable) |
#1 | NO | YES (DNL 45) | YES (DNL 45) |
#2 | NO | YES (DNL 45) | YES (DNL 45) |
#3 | NO | YES (DNL 45) | YES (DNL 45) |
#4 | YES | YES | YES |
#5 | YES/NO(1,2) | YES | YES |
#6 | YES/NO(1,2) | YES | YES |
#7 | YES/NO(1,2) | YES | YES |
#8 | YES | YES | YES |
I-1/I-2 | YES/NO(1,2) | YES | YES |
RMH-1/RMH-2 | NO | NO | NO |
Notes to table: | |||
(1) Use is not allowable if it involves the lodging of people (transient lodging, hotels, motels, recreational vehicle parks, camp grounds). | |||
(2) Use is not allowable if it involves a large concentration of people. A large concentration of people is defined as a gathering of individuals in an area that would result in an average density of greater than 25 people per acre per hour during a 24-hour period, or a single event that would result in the gathering of 50 or more individuals per acre at any one time. Density averages shall be calculated per Ft. Campbell JLUS, Joint Land Use Study, dated January 1996. | |||
DNL < 45 Interior Day Night Noise Level of < 45dB. Noise attenuation measures incorporated into the construction of the building to bring the interior DNL to < (less than or equal to) 45dB. | |||
(H) Land within the overlay zone APZ, DNL-II or DNL-III may not be used for any purpose other than those indicated by the approved development plan and under the conditions attached thereto. Property owners should consult both the text of this chapter, the Official Zoning Map and the Fort Campbell Joint Land Use Study (JLUS), January 1996, to determine the location of properties in question and the limitations imposed thereon by this chapter.
(1) All construction must meet the minimum requirements of the Kentucky Building Code. Residential developments shall be designed and constructed to provide, wherever possible, for the location of outdoor activity areas, such as balconies and patios, on the side of the building which is sheltered from the aircraft flight path. In the designated DNL-II and DNL-III, residential dwellings may be constructed provided.
(a) Sound attenuation features are built into the dwelling to bring the interior DNL of the living unit to 45 decibels or below. The architect and the contractor shall provide certification of compliance for sound attenuation features and construction; and
(b) The contents and covenants of deeds identifies the property as being located near an airport and in a DNL-II or DNL-III zone, and the aircraft noise may affect normal livability, value and marketability of the property.
(2) In the APZ, residential developments and limited high density uses are prohibited due to the high probability of aircraft accidents occurring (See Table II, this section).
(3) All lights or illumination used in conjunction with street, parking signs or use of land and structures shall be arranged and operated in such a manner that is not misleading or dangerous to aircraft operating in the vicinity.
(4) No allowable, proposed, transitional or special use of any type shall produce smoke, glare or other visual hazards within three miles of any useable runway.
(5) No allowable, proposed, transitional or special use of any type shall produce electronic interference with navigation signals or radio.
(6) No allowable, proposed, transitional or special use shall promote the gathering, feeding or roosting of birds within 10,000 feet of any runway.
(7) Notwithstanding the provisions of this chapter or any other ordinance, property owners or their agent proposing to erect or alter any structure that may affect the navigable airspace shall notify the Federal Aviation Administration in accordance with FAA Advisory Circular # 70/7460-2 (Appendix 1) and amendments thereto. Structure lighting shall be installed on the structure in accordance with the specific standards established in FAA Advisory Circular #70/7460-1 (Appendix 2) and Amendments thereto.
(Ord. 33-99, passed 11-2-1999; Ord. 10-2006, passed 3-23-2006)
§ 158.407 NONCONFORMING USES AND STRUCTURES.
(A) The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or use not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which has begun.
(B) Structures deemed nonconforming at the time of adoption of this chapter are permitted to alter or make additions to the original structure provided such additions or alterations receive a conditional use permit as approved by the Board of Zoning Adjustment.
(C) Accessory structures to nonconforming structures are permitted and are subject to the provisions set forth in § 158.039, Accessory Buildings, of the Hopkinsville Code of Ordinances.
(E) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to these regulations.
(F) When a nonconforming use of a structure is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure shall not thereafter be used except in conformity with these regulations.
(G) Nothing in this section shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation (hereinafter “taking”) or the abrogation of vested rights. It shall be the duty and responsibility of any party alleging a taking or abrogation of vested rights to affirmatively demonstrate the legal requisites of a taking or abrogation of vested rights by filing an application with the Planning Commission within 30 days following the accrual of any claim. To establish a taking or abrogation of vested rights, the burden shall be on the applicant to demonstrate that the denial of the application will deny the applicant economical viable use of the property; and, that no variances, alternative uses or other forms of relief are available which could, if approved, afford the applicant economically viable use of the property. Mere diminution in the value of property shall not constitute a temporary or permanent taking of private property.
(Ord. 33-99, passed 11-2-1999)
§ 158.408 PERMIT ISSUANCE.
(A) Upon approval of a development plan by the Planning Commission, the building/zoning permit shall be issued in accordance with the plans and conditions approved by the Commission, for the approved development plan. All permits are non-transferable and automatically revoked upon either:
(1) Change in condition upon which development plan was issued; or
(2) Change in ownership of property covered by the approved development plan.
(B) All development plans shall be filed within the office of the County Court Clerk, as required in KRS 100.3681, as amended. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(C) Amendments to an approved development plan shall be submitted to the Planning Commission prior to the initiation of the change in the development. The amendment shall stay the entire development and shall be processed through the development plan review and approval, requiring a staff review and Planning Commission approval of the amendment. Approved amendments shall be filed within the office of the County Court Clerk, as required in KRS 100.3681, as amended. Filing shall be the responsibility of the applicant and the applicant shall submit proof of filing to the Planning Commission.
(Ord. 33-99, passed 11-2-1999)
§ 158.409 SURETY INSTRUMENTS FOR COMPLETION OF PUBLIC IMPROVEMENTS.
(A) A surety instrument for completion of public improvements will be required in an amount and form satisfactory to the Planning Commission, to cover the installation and completion of public improvements, in accordance with Chapter 156, Subdivision Regulations, of the Hopkinsville Code of Ordinances.
(B) Surety instruments are required for, but not limited to, the following public improvements:
(1) Public streets;
(2) Public sidewalks, curbs and gutters;
(3) Handicapped accessibility improvements;
(4) Ditching and shouldering;
(5) Public utilities;
(6) Driveway tiles;
(7) Head wall construction;
(8) Decorative street lights;
(9) Decorative street signs;
(10) Medians;
(11) Decorative pavement;
(12) Storm water facilities;
(13) Flood control facilities; and
(14) Fire hydrants.
(Ord. 33-99, passed 11-2-1999)
§ 158.410 DIMENSIONAL VARIANCE STANDARDS.
(A) A proposed use which does not meet the buffer distance requirement shall have the right to make application to obtain a dimensional variance from the required buffer distance as set forth in § 158.307, Variances; Applications and Standards, of the Hopkinsville Code of Ordinances. The Board of Zoning Adjustment will make a determination to approve or deny the request based upon the criteria listed below. If a dimensional variance from the buffer distance is approved, the use shall be classified and be deemed a special use.
(B) A variance from the buffer distance shall not be granted by the BZA unless and until a written application for a variance is submitted to the BZA containing:
(1) Name, address and telephone number of applicant;
(2) Legal authorized signature of property owner;
(3) Legal description of property;
(4) Description of nature of variance requested;
(5) Description, distance to property lines and land use classification of surrounding properties; and
(6) A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) Special conditions and circumstances exist which are peculiar to the land, structures or buildings in the same district;
(b) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) Special conditions and circumstances do not result from the actions of the applicant;
(d) Granting the variance requested will not confer on the applicant any special privilege that negatively impacts other land, structures or buildings in the immediate vicinity; and
(e) In situations where the lot size is smaller than the required buffer distance and strict enforcement of the buffer distance would eliminate a proposed use and agreements to reduce the buffer requirements can not be obtained with all the adjoining property owners, the Board of Zoning Adjustment may through the dimensional variance process reduce the buffer distance to less than 50% of the required distance.
(C) A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by this section, of this chapter have been met by the applicant.
(Ord. 33-99, passed 11-2-1999)
§ 158.411 CONVENTIONAL ZONING CLASSIFICATION WITHIN THIS DISTRICT.
Developed land uses that cannot be classified into the designated land use classifications,§ 158.403, may be assigned a conventional zoning classification by the property owner at the time of the adoption of this chapter. The zoning classifications shall be I-1, I-2, RMH-1 and RMH-2, as defined in this chapter. The classification shall apply to the entire property that has an existing developed use that corresponds to the respective zone. I-1 or I-2 classifications shall carry the same buffer distance requirements as a land use classification #7 and shall comply with all requirements for a land use classification #7. RMH-1 or RMH-2 classifications shall carry the same buffer distance requirements as a land use classification #3 and shall comply with all requirements for a land use classification #3.
(Ord. 33-99, passed 11-2-1999)