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)