(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)