(Ord. 11-85, passed 12-3-1985; Ord. 41-2001, passed 12-18-2001) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

(Ord. 11-85, passed 12-3-1985) Penalty, see § 158.999

   (C)   Appeals from determinations of the Zoning Inspector are made to the Board of Zoning Adjustment pursuant to § 158.305.

   (A)   No person, firm, association or corporation shall establish a package liquor store, tavern, bar, and/or saloon within 500 feet of any structure being used as a quasi-public use as defined in § 158.002 (Definitions), without first obtaining a conditional use permit from the Hopkinsville Board of Zoning Adjustment.

      (1)   The 500 feet distance shall be measured from building to building - at their closest points to any established structure being used as a quasi-public use, except as may be provided herein; provided that nothing herein contained shall affect any such business, package liquor store, tavern, bar, and/or saloon, which was actually being legally carried on within such distance of any established quasi-public use on or before January 1, 2014.

      (2)   If any dispute arises between the applicant and the City Alcoholic Beverage Control Administrator regarding the distance, the applicant shall provide a survey prepared by a professional licensed surveyor verifying the distance from building to building.

   (B)   Upon application to the City Alcoholic Beverage Control Administrator, a person, firm, association or corporation applying to operate a package liquor store, tavern, bar, and/or saloon shall certify that there are no structures being used as a quasi-public use within 500 feet of the proposed location(s).

   (C)   (1)   If structures being used as a quasi-public use are located within 500 feet of the proposed location(s), the applicant shall obtain a conditional use permit from the Board of Zoning Adjustment. The process and requirements shall comply with § 158.110 through § 158.118 (Conditional Uses).

      (2)   In addition to adjoining property owners, any quasi-public use(s) within the 500 foot distance requirement shall be notified of the public hearing by registered mail.

   (D)   Pursuant to § 158.118 (Expiration of a Conditional Use), a conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease (to discontinue) for more than one year.

   (E)   Any person, firm, association or corporation applying to establish a package liquor store, tavern, bar, and/or saloon within the Special Use District (SUD) 41A as outlined in § 158.400 through § 158.411 shall obtain a conditional use permit from the Board of Zoning Adjustment, regardless of use classification. The conditional use permit may be processed concurrently with a development plan review by Community and Development Services, and may be reviewed by Community and Development Services assuming the duties of the Board of Zoning Adjustment pursuant to § 158.302 (Planning Commission; Proceedings; Duties).

(Ord. 19-2013, passed 11-5-2013)

      (2)   The requirements of this section are intended to be supplemental to any safety, health, or environmental requirements of federal, state, or local laws and regulations.

      (1)   The following are not subject to this section:

         (a)   Modification to an existing SES that alone or in combination increases the total SES footprint by no more than 5% of the original footprint;

         (b)   Routine maintenance and repair, including replacement of solar panels, not increasing the SES footprint;

         (c)   Any SES exempted by the provisions of KRS 100.324. Any exempt SES shall provide the Planning Commission information concerning service facilities which have been located on and relocated on private property in accordance with KRS 100.324(3).

      (2)   Notwithstanding the exemptions provided by this section, an SES shall comply with all applicable federal, state, and local laws, regulations, and permitting and other requirements, and applicable building, fire, electrical and plumbing codes.

         (a)   Small scale ground mounted energy systems as measured from the outer edge of the nearest panel are not permitted in a required front yard and shall be setback a minimum of 30 feet from any lot line.

         (b)   An intermediate or large scale ground mounted SES, measured from the closer of the outer edge of the nearest panel or perimeter fencing, shall be located:

            1.   At least 100 feet from the nearest lot line of any property zoned EST-1, R-1, R-2, R-3, R-4, R-5, B-1 or P-1;

            2.   At least 100 feet from the nearest lot line of any property containing a residential use (excluding residential uses located on the same lot as the SES);

            3.   At least 50 feet from the right-of-way boundary of any public road; and

            4.   Where not addressed by divisions (E)(5)(b)1. through 3. above, at least 30 feet from any lot line.

         (c)   Setbacks are not required where the property line is shared by two or more participating landowners.

         (d)   Setback requirements may be expanded by the Board of Zoning Adjustment as a condition of approval of a conditional use permit, where deemed necessary to assure effective screening or separation between uses.

         (e)   Notwithstanding the provisions of division (D)(5)(b) above, the SES footprint of a large scale ground mounted SES facility which constitutes a siting board regulated SES as defined herein or any large scale SES having a footprint occupying an aggregate of 40 or more contiguous acres shall be located:

            1.   At least 1,000 feet from any lot line;

            2.   At least 2,000 feet from the nearest lot line of any property zoned EST-1, R-1, R-2, R-3, R-4, R-5, B-1 or P-1; and

            3.   At least 2,000 feet from the nearest lot line of any property containing a residential use or quasi-public use.

         (f)   A variance from the setbacks required by divisions (D)(5)(b) or (e) of this section may be granted by the Board of Zoning Adjustment pursuant to § 158.307 or, in the case of zoning map amendment, by the Planning Commission pursuant to § 158.243 of the City Code of Ordinances, as amended.

         (a)   Consist of an eight-foot tall fence and a double row of staggered evergreen trees (minimum five feet in height at planting and maturing to a minimum of 15 feet in height);

         (b)   Evergreen trees shall be planted exterior to the fence and shall be setback no less than 15 feet from any property line;

         (c)   Screening shall achieve an opacity of 90% to a height of no less than eight feet within three years of planting;

         (d)   Screening shall be installed within 180 days of the start of physical construction and shall be maintained until the decommissioning of the SES is completed; and

         (e)   All unhealthy, dead, or noncompliant plantings shall be repaired or replaced within 90 days of such occurrence.

         (a)   Existing tree lines or plantings are retained on the site which achieve the opacity and minimum planting height as specified above;

         (b)   The affected property boundary (excluding a right-of-way boundary) abuts property that is zoned I-2 (Heavy Industrial District) and the SES footprint is located not less than 100 feet from the property line; or

         (c)   The SES development involves the use of berms or natural grade of a height comparable to vegetative screening and effectively obscures visibility from an adjoining property or public right-of-way.

         (a)   Documentation, such as a deed, lease, or other agreement with the landowner, demonstrating the applicant's right to use and control the property;

         (b)   A description of the project, including the maximum number of modules, mounting type (fixed-tilt or tracking), system height, system capacity, total land area covered by the system, and information on all associated structures and facilities, and substations. The site plan shall also identify existing and proposed temporary or permanent roads, drives, and parking, fencing or other methods to ensure public safety, and a visual buffer plan demonstrating how proposed buffers will effectively screen the proposed SES from adjacent properties and public rights-of-way;

         (c)   For projects with an SES footprint located within 500 feet of an airport property or within an airport's approach zones or airport imaginary surfaces as defined by the United States Code of Federal Regulations or within 1,000 feet of a SUD41A zoning district, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration Office of Airports, the Kentucky Airport Zoning Commission, the Hopkinsville-Christian County Airport, and the United States Army, Fort Campbell Directorate of Public Works;

         (d)   Proof of adequate casualty and liability insurance covering installation and operation of the SES. The owner or operator shall maintain a current general liability policy covering bodily injury and property damage and shall be required to the name the city as an additional insured with a dollar amount limit not less than $2,000,000 per occurrence, $5,000,000 in the aggregate, and a deductible which is reasonably available and which is mutually suitable to the applicant or successor and the city;

         (e)   In addition to the exhibits required by Ch. 56 (Erosion Prevention and Sediment Control) and Ch. 155 (Storm Water Management and Control), a description of the measure that will be taken to minimize erosion and sedimentation, and to promptly stabilize and re-vegetate disturbed areas with native vegetation; and

         (f)   A decommissioning plan prepared by a registered professional engineer, and updated not less than once every five years, containing the following:

            1.   The anticipated life of the project and defined conditions upon which decommissioning will be initiated;

            2.   The estimated decommissioning costs, including removal of the SES and related foundations, pads, underground collector lines and roads, transmission lines, and the re-vegetation and restoration of the property, including soils, to its original condition and all calculations supporting the decommissioning estimate;

            3.   The manner in which the project will be decommissioned, including provision and a timetable for the removal of all structures and foundations, and for the re-vegetation and restoration of the property to its original condition;

            4.   The manner of SES component disposal including the estimated recycle value of components;

            5.   The party responsible for decommissioning; and

            6.   A copy of any lease containing specific agreements regarding decommissioning with the landowner.

         (g)   (1)   A surety instrument in an amount and form acceptable to the Planning Commission sufficient to cover the costs of decommissioning the SES in accordance with the approved plan in the event the applicant defaults in its decommissioning obligations. The surety instrument shall be updated and revised in conjunction with a resubmitted decommissioning plan not less than once every five years.

            (2)   The posting of a surety instrument by an applicant does not alleviate the property owner, lessee, or any other responsible party from its obligations to decommission the SES in accordance with the approved plan, or otherwise transfer to the city, the Hopkinsville-Christian County Planning Commission, or its employees or agents any responsibility or claim against it under law. The posting of a surety instrument does not preclude or otherwise constrain the ability of the city or its authorized agents to pursue enforcement action as is authorized by the City Code of Ordinances, as amended, or seek other remedies to ensure compliance or abate any violations as is authorized by law.

(Ord. 23-2022, passed 11-15-2022)