(A) Statement of purpose. The purpose of the Commercial and Industrial Planned Unit Development (C/IPUD) is to insure proper use and development of each parcel in an industrial park; to protect the environment; to guard against the development of improper, unsuitable structures and uses; to maintain property values; to insure protection from incompatibility and unsightliness; to protect the health and safety of residents in the area of the park; and to attract quality businesses and industries to the City of Hopkinsville.
(B) Permitted District. Commercial and Industrial Planned Unit Developments are allowed by right in an I-2 (Heavy Industrial) District, in accordance with the provisions of this section.
(C) Permitted uses. It is the intention of the City of Hopkinsville to enhance the future growth of the city in a planned development that includes a general mix of industrial and commercial uses. The specific types of uses will be subject to the review and approval of the Hopkinsville - Christian County Planning Commission. General uses that are allowed in the Commercial/Industrial Planned Unit Development are:
(1) Allowable uses found in Chapter 158, Appendix A, Schedule of Uses for an I-1 (Light Industrial District);
(2) Allowable uses found in Chapter 158, Appendix A, Schedule of Uses of a B-4 (Arterial Commercial District); and
(3) Conditional uses found in Chapter 158, Appendix A, Schedule of Uses for all 1-1 and B-4 Districts subject to Board of Zoning Adjustment action.
(D) Standards.
(1) Area size. The minimum size of a Commercial/Industrial Planned Unit Development shall not be less than ten acres.
(2) Building size coverage. The total lot coverage permitted for all buildings on the site shall not exceed 60% of the lot area.
(3) Building height limit. The maximum building height limit of any building shall not exceed 50 feet in height.
(4) Setback requirement.
(a) Perimeter (exterior) property lines of the development are those property lines which determine the boundaries of the approved Commercial/Industrial Planned Unit Development. The setback requirements for these property lines shall be:
1. Front yard: 40 feet;
2. Rear yard: 20 feet; and
3. Side yard: 20 feet.
(b) Internal (Interior) property lines of the development are those property lines created by the subdivision of property for within the boundaries of the approved Commercial/Industrial Planned Unit Development. The setback requirements for these property lines shall be:
1. Front yard: 40 feet;
2. Rear yard: 20 feet; and
3. Side yard: ten feet.
(E) General requirements.
(1) Platting requirements. Each Commercial/ Industrial Planned Unit Development shall be platted. The plat shall contain information as required in the Hopkinsville Code of Ordinances, §§ 158.255 through 158.261. The plat shall also conform to the requirements set forth in this section and the Hopkinsville Code of Ordinances, §§ 158.035 through 158.043, §§ 158.160 through 158.163, §§ 158.175 through 158.184, §§ 158.195 through 158.201, §§ 158.210 through 158.228. In the event that conflicts occur, this section shall prevail. The provisions set forth in § 158.040 do no apply to this district.
(2) Landscaping.
(b) Existing trees shall be preserved whenever possible. The location of trees should be considered when planning the common open space, locations of buildings, underground structures, walks, paved areas, parking areas and finished grade levels.
(c) A grading plan which will define excavation, earth-moving procedures and other changes to the landscape in order to ensure preservation and prevent despoliation of the area to be retained as common open space.
(3) Traffic circulation.
(a) Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.
(b) 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 feet for a two-way entrance/exit.
(c) A traffic plan shall be required at the time of initial submittal showing traffic flow and internal traffic movements.
(4) Street construction. Standards of design and construction for both public and private streets within Commercial/Industrial Planned Unit Developments shall comply with the standards of design set forth in the Hopkinsville Subdivision Regulations for non-residential streets.
(5) Parking.
(a) Off-street parking spaces shall consist of not less than 180 square feet either 20 by 9 or 18 by 10 each. Variances from this requirement can be obtained from the Board of Zoning Adjustment.
(b) Parking areas shall be arranged so as to prevent through traffic to other parking areas.
(c) Parking areas shall be screened from adjacent structures, roads and traffic arteries with hedges, dense planting, earth berms and changes in grade or walls.
(d) No more than 15 parking spaces shall be permitted in a continuous row without being interrupted by landscaping.
(e) No more than 60 parking spaces shall be accommodated in any single parking area.
(f) All streets and any off-street loading areas shall be paved. All areas shall be marked so as to provide for orderly and safe loading, parking and storage.
(g) The number of parking spaces required shall be calculated and provided according to the type of non-residential use, as set forth in the Hopkinsville Code of Ordinances, § 158.160.
(h) All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining residences.
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.
Area | Lamp Type | Uniformity Ratio | Average Maintained Illumination (Foot) |
Parking areas | High pressure sodium | 4:1 | 1.0 |
Main pedestrian routes (store fronts/entrances) | Metal halide | 4:1 | 2.0 |
Architectural, landscape and signage | Metal halide | 4:1 | 5.0 |
4. Public decorative street lighting, as defined in the Hopkinsville Code of Ordinances, Chapter 162 , Maintenance for Public Improvements, installed by the developer shall comply with the regulations and procedures set forth in the Hopkinsville Code of Ordinances, Chapter 162, Maintenance for Public Improvements.
5. No light fixture shall be placed in a required landscape easement.
6. 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 section.
(i) All parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without erosion, flooding and other inconveniences.
(6) Buffers. Where a Commercial/Industrial Planned Unit Development abuts another district of lower intensity i.e.: B-3, B-2, B-1, P-1, R-5, R-4, R-3, R-2 or R-1 district, a permanent open space at least 25 feet wide shall be provided along the property line and shall be maintained with landscaping, no driveway or off-street parking, signage or lighting shall be permitted in this area. (See Hopkinsville Code of Ordinances, §§ 158.210 through 158.228 - Buffering and Landscaping.)
(7) Outdoor storage. All material or products stored outside buildings must be behind the building setback line from the street and must be screened from view from the street with solid fencing or screening approved by the Hopkinsville - Christian County Planning Commission. All trash must be buffered and the buffer must be at least six feet in height and located in the rear or side yard.
(8) Waste incineration. No waste material shall be burned on the premises except in an incinerator designed and constructed for such purpose and in compliance with applicable statutes and local ordinances.
1. A Master Signage Plan must be submitted with Development Plan and are subject to review and approval by the Planning Commission.
2. 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.
(10) Utility. All utilities, including all electric power, telephone, gas, water, storm and sanitary sewers shall be located underground. The location of the utility shall be subject to approval by the Hopkinsville - Christian County Planning Commission and appropriate utility.
(11) Easement. The City of Hopkinsville, and/or Hopkinsville - Christian County Planning Commission shall require such rights-of-way and easements as may be necessary or convenient for the purpose of erecting, constructing, maintaining and operating utility services over, across, under and through the premises in the designated setback areas between building lines and property lines.
(12) Drainage control. No land shall be developed and no use shall be permitted that results in flooding, erosion or sedimentation to adjacent properties. All runoff shall be properly channeled into a storm drain, watercourse, storage area or other storm water management facility pursuant to the code of ordinances for the City of Hopkinsville.
(13) Nuisance control. No operation, process, manufacturing or building use in the Commercial/Industrial Planned Unit Development shall produce or create excessive noise, electronic interference, light, odors, smoke, dust, gas, vibration, heat, industrial waste, toxic matter or other excessive measurable external nuisance.
(F) Development Plan review. A Development Plan is required to encourage communication between the applicant and the Planning Commission staff. A
Development Plan will also promote a greater degree of logic, imagination, innovation and variety in the design process. The development plan submittal should follow the guidelines and informational requirements as set forth in the Hopkinsville Code of Ordinances, §§ 158.255 through 158.261 and in this section. For the purpose of this section, site plan, development plan and/or plat shall be defined as the same.
(G) Review procedure.
(1) Approval process. The following requirements must be fulfilled prior to approval of a C/IPUD application:
(a) Pre-application conference. The applicant shall meet with the staff to determine the feasibility of the project.
(c) Development Plan review. In-house staff function. (See division (G)(4) below, Administrative Review.)
(d) Subdivision. All subdivision of land shall comply with the rules and regulations of land subdivisions in the Hopkinsville Subdivision Regulations.
(e) Planning Commission action. The Planning Commission will either:
1. Grant approval, which means the developer may proceed with the project;
2. Postpone action, which means action is delayed for reasons which shall be noted by the Commission; or
3. Deny approval, which means denial of approval for the submitted Commercial/Industrial Planned Unit Development. Before any further action is taken, the developer must review his or her plan to conform to the Commission’s recommendations.
(2) Special use permit.
(a) Upon approval by the Planning Commission, the applicant will be issued a special use permit. The special use permit may contain conditions which the applicant must represent on his or her plat before a building permit is issued by the Hopkinsville-Christian County Planning Commission. A special use permit may be revoked upon changes in conditions upon which the special use permit was issued.
(b) The special use permit shall be filed with the approved plat at the Christian County Court Clerk’s Office. Filing is the responsibility of the applicant and the applicant shall submit proof of filing to the Hopkinsville-Christian County Planning Commission.
(3) Application for C/IPUD. The application, which can be obtained at the Hopkinsville - Christian County Planning Commission Offices, along with a filing fee, amount set by Hopkinsville City Council, shall be submitted along with the development plan.
(4) Administrative review. Upon a receipt of an application, a filing fee and a plat, the staff shall review the development plan for compliance with this chapter. Within 45 days after the filing of the application, the Planning Commission shall take action. After the development plan review by the staff, staff findings and recommendations shall be transmitted to the applicant and Planning Commission.
(5) Failure to begin construction.
(a) If no construction has begun or no use established in the Commercial/Industrial Planned Unit Development within two years from the date of approval of the development plan, the special use permit will lapse and have no further effect.
(b) Construction is hereby defined to include the placing of construction materials in a permanent manner. In its discretion and for good cause, the Planning Commission may extend for one or more additional years the period for the initiation of construction of the establishment of a use.
(6) Amendment or withdrawal of special use permit. Pursuant to the same procedure and subject to the same limitations and requirements by which the special use permit was approved and registered, any special use permit may be amended or withdrawn, either partially or completely, if all the conditions and limitations of the special use permit and all land and structures withdrawn from such special use permit comply with all regulations established by this chapter and unrelated to the special use permit.
(7) Waivers. An applicant citing the design or other exceptional characteristics of the proposed development may request the Planning Commission to waive certain requirements for special use permit. The Planning Commission may permit submission of an application for review in accordance with procedures set out in this section. In permitting waivers, the Planning Commission must find that the application fully meets the intent of this section and of this chapter.
(8) Appeal. Any appeal made by any party of interest will be made to the Board of Zoning Adjustment. The applicant will fill out an application and the Board will hold the appropriate Public Hearing and take the necessary action.
(Ord. 23-2000, passed 10-17-2000)