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Madisonville City Zoning Code

ARTICLE II

GENERAL COMPLIANCE

Sec. 46-25. Required.

   (a)   All land, buildings, structures, or appurtenances located thereon within the city which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided or be subject to penalties as stated in section 46-986.
   (b)   All dwellings moved in the city must have prior approval of the city manager or his designee.
   (c)   Approved old dwellings moved in the city shall comply with the masonry regulations of the zoning district and underpinned completely of masonry or stone within 60 days after moved in to give appearance of looking new.
   (d)   Unless specifically provided for in this chapter, all buildings shall obtain a building permit from the city.
(Code 2014, § 46-25; Ord. No. 629, § 01.02.001, 12-1-2006)

Sec. 46-26. Regulations for the lot.

   (a)   No yard, setback, or other open space provided around any building for the purpose of complying with provisions of this chapter and the city's subdivision regulations set forth in chapter 40 shall be considered as providing a yard or open space for a building on any other lot.
   (b)   Any single-family residence with the "Retail District (R)”, "Office District (O)”, “General Business District (GB)” or “Commercial Services District (CS)" that has been used as a commercial building may be returned to a single-family residence should the commercial use no longer be in use. The building shall be inspected by the Building Official first and a new certificate of occupancy issued before being occupied as a single-family residence.
(Code 2014, § 46-26; Ord. No. 629, § 01.02.002, 12-1-2006; Ord. No. 794, § 01.02.002, 6-12-2017)

Sec. 46-27. Portable and temporary buildings during construction.

Portable or temporary buildings shall be permitted for uses incidental to constructing permanent structures on the premises. Such portable or temporary buildings shall conform to and comply with all applicable ordinances, and shall be removed no later than 30 days after the completion or abandonment of construction work. No temporary living quarters shall be permitted in such portable or temporary buildings.
(Code 2014, § 46-27; Ord. No. 629, § 01.02.003, 12-1-2006)

Sec. 46-28. Manufactured homes prohibited on certain property.

   (a)   One manufactured home or principal building is allowed per lot in the Manufactured Home Residential District (MH).
   (b)   All lots or property with a street frontage address located in a non-manufactured home zone residential district shall not have a manufactured home on that property or lot, even if that property or lot extends to other property owned by the same owner that is located in a lot that is within a Manufactured Home Residential District (MH). The address will define the zone.
   (c)   Any person or corporation violating any of the provisions of this section shall, upon conviction, be fined any sum not exceeding $1,000.00 for each and every day that the provisions of this section are violated and each violation shall constitute a separate and distinct offense. In addition to said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded, by a violation of the terms of this section, to bring suit in such court having jurisdiction thereof and obtain such remedies as may be available by law and equity in the protection of the rights of such property owners.
(Ord. No. 816, §§ 1, 2, 1-14-2019)

Sec. 46-29. Manufactured home replacement.

An owner of a manufactured home presently as of the effective date of this Ordinance on a city lot shall be allowed to remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home no older than 20 years of age from the date of the installation of the manufactured home, and is at least as large in living space as the prior manufactured home. Other than in the case of a fire or natural disaster, replacement of a manufactured home by an owner is limited to a single replacement. A mobile home may not be replaced by a manufactured home. Any permit for replacement or removal of a manufactured home required by law shall be in addition to the requirements of this ordinance.
(Ord. No. 851, § 1, 6-13-2022)
Editor's note(s)—Ord. No. 851, § 1, adopted June 13, 2022, set out new provisions but did not specify manner of inclusion. Therefore, at the discretion of the editor, these provisions have been included as § 46-29.