(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)