ADU rules in Hopkinsville

Hopkinsville's Zoning Code (Chapter 158) has no accessory dwelling unit, accessory apartment, garage apartment or guest house use anywhere in its definitions or its Schedule of Uses. The only residential uses listed are single-family, two-family and multiple-family dwellings, and a single-family dwelling is defined as a single dwelling unit 'separated from other dwelling units by open space.' A two-family dwelling is one building (units side by side or one above the other), so a separate backyard cottage is not a duplex either. Under § 158.043(E) a use that does not appear in the code 'shall not be deemed a permitted use,' so a detached second home behind a house has no zoning route.

There is no ADU use, but a house can lawfully hold a second unit by becoming a two-family dwelling (duplex), which the Schedule of Uses permits by right only in R-3, R-4 and R-5 (and B-1), and by conditional use in B-2, B-3, B-4 and P-1. Duplexes are not allowed at all in the EST-1, R-1 and R-2 single-family districts, which cover most single-family neighborhoods. The duplex route also carries larger lot minimums: 10,000 sq ft and 60 ft width in R-3 (against 7,500 sq ft for a house), 8,000 sq ft in R-4 and 7,000 sq ft in R-5. This is a duplex conversion, not an accessory unit, so it is recorded as conditional under the directory's no-ADU-use convention.

Because the code has no ADU, it has no ADU size limit. A two-family conversion is governed only by the district's lot area, coverage, height and setback standards (R-3: 10,000 sq ft lot, 60 ft width, 50% coverage, 35 ft, 25/20/7 ft yards). Ordinary accessory buildings such as garages and sheds are limited by § 158.039(C) to one story or 14 feet, 25% of any non-required yard and no more than the principal building's ground floor, but an accessory building is not a dwelling unit under the code.

Nothing in Chapter 158 requires the owner to live on a property with two dwelling units. The two-family dwelling definition expressly includes 'units sold or rented in the condominium form of ownership or management.' Kentucky has no state ADU law, so there is no state rule either way. The only owner-occupancy rule in the zoning text is § 158.041(A), which lets a business owner keep one dwelling unit for their own use in a Central Business District building; that is not an ADU.

The parking table requires 'One and one-half per dwelling unit' for single- and two-family dwellings, provided whenever a building is erected, enlarged or increased in capacity. Turning a house into a duplex therefore means 3 spaces in total (in practice rounded up), against 1.5 for the house alone. There is no ADU-specific parking rule because there is no ADU use.

Where the duplex route exists in residential districts (R-3, R-4, R-5) it is a use by right: the Zoning Inspector approves or denies a zoning permit within five working days and no hearing is required. In the B-2, B-3, B-4 and P-1 districts a two-family dwelling needs a conditional use permit from the Board of Zoning Adjustment after a public hearing. In EST-1, R-1 and R-2 the only path is a rezoning (Planning Commission hearing and City Council ordinance) or a text amendment creating an ADU use. Site plan review under § 158.255 applies to multi-family and larger projects, not to a duplex.

The two-family dwelling definition contemplates rented units, and Chapter 158 and the business-licensing chapters (Title XI) contain no rental registration, rental license or short-term rental ordinance; occupational license tax under Chapter 110 applies to rental businesses generally. The Schedule of Uses lists 'Tourist homes' by right only in B-1, B-2 and B-3 (the term is not defined), and boarding and lodging houses in R-3 (conditional), R-4 and R-5. Nightly rental of a home in a residential district is therefore an unlisted use under § 158.043, for the Zoning Inspector to classify, and is not authorized in the residential districts as written. Christian County's transient room tax under KRS 91A.390 may apply to stays of 30 days or less.