Madisonville City Zoning Code

The boundaries of zoning districts set out herein are delineated upon a zoning district map of the city, adopted as part of this article as fully as if the same were set forth herein in detail.

      (1)   One original of the zoning district map shall be filed in the office of the city secretary. This document shall be the official zoning district map and shall bear the signature of the mayor and attestation of the city secretary. This copy shall not be changed in any manner. In case of any question, this document, together with any amending ordinances, shall be controlling.

      (2)   A copy of the original zoning district map shall be placed in the office of the city manager or a designee. The copy shall be used for reference and shall be maintained up to date by posting thereon all subsequent amendments and shall be identified as the zoning map. Reproductions for informational purposes may be made of the zoning map.

(Code 2014, § 46-58; Ord. No. 629, § 01.03.001, 12-1-2006)

The zoning district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the zoning district map, the following rules shall apply:

      (1)   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerline.

      (2)   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

      (3)   Boundaries indicated as approximately following city limits shall be construed as following city limits.

      (4)   Boundaries indicated as following railroad lines shall be construed to be midway between the right-of-way lines.

      (5)   Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the original zoning map shall be determined by the scale of the map.

      (6)   Whenever any street, alley, or other public way is vacated by official action of the city council or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

      (7)   The zoning classification applied to a tract of land adjacent to a street shall extend to the centerline of the street unless as a condition of zoning approval it is stated that the zoning classification shall not apply to the street.

      (8)   Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (1) through (7) of this section, the property shall be considered as classified Rural/Agricultural District (RA), in the same manner as provided for newly annexed territory.

      (9)   Permanent zoning changes made after the date of passage of the ordinance from which this article is derived are indicated in approximate locations on the zoning district map. For exact legal descriptions, refer to the adopting ordinance amendment for each particular permanent zoning change.

(Code 2014, § 46-59; Ord. No. 629, § 01.03.002, 12-1-2006)

   (a)   Any territory hereafter annexed to the city and brought within its corporate limits shall be assigned a zoning classification upon annexation appropriate to its existing use in accordance with the procedures required by state law and this article, or shall be governed by the following regulations pending establishment of permanent zoning on such territory. In the event that these temporary regulations become applicable and no requests for permanent zoning classification have been made by the property owners within one year of the date of annexation, the planning and zoning commission shall initiate a request for permanent classification using the procedures established in this article.

   (b)   The following regulations are applicable to all property not assigned a permanent zoning classification at the time of annexation:

      (1)   No person shall erect, construct, proceed, or continue with the erection or construction of any building or structure, or cause the same to be done in any newly-annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy.

      (2)   No permit for the construction of a building or use of land shall be issued other than a permit which will allow the construction of a building or use permitted in the Rural/Agricultural District (RA), unless and until such territory has been classified in a zoning district other than the Rural/Agricultural District (RA), by the city council in the manner prescribed by this article.

      (3)   The planning and zoning commission shall hold a public hearing on original zoning for all territory recently annexed or proposed for annexation. At least 15 days' notice of the time and place of such hearing shall be published in the official paper of the city and written notice of all such public hearings shall be sent to all owners of real property lying within 200 feet of the property on which the original zoning is proposed not less than ten days before the day set for the hearing.

      (4)   After such hearing, the planning and zoning commission shall make its recommendation to the city council regarding the original zoning of the annexed territory.

      (5)   After receiving the recommendation of the planning and zoning commission, the city council shall hold a public hearing at the earliest practicable time at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in the official paper of the city.

      (6)   Except as provided in this article, the procedure for the zoning of annexed areas shall be the same as is provided by law for the adoption of original zoning regulations.

(Code 2014, § 46-60; Ord. No. 629, § 01.03.003, 12-1-2006)

For the purpose of this article, the city is hereby divided into districts as follows:

 

(Code 2014, § 46-61; Ord. No. 629, § 01.03.004, 12-1-2006)

For purposes of this article, the city council can consider zoning districts of any intensity in cases of assigning original zoning to a property. However, in the case of a request to change the zoning assigned to a property, the council can consider only the zoning requested, an equivalent zoning district, or a more restrictive district.

(Code 2014, § 46-62; Ord. No. 629, § 01.03.005, 12-1-2006)