(A) Zoning districts. The city is divided into zoning districts (also called “regulating districts”) in order:
(1) To protect the general health, safety and welfare of the public;
(2) To classify, regulate and restrict the use and location of buildings designed for specified uses;
(3) To regulate and determine the area of yards, courts and other open spaces surrounding buildings;
(4) To regulate the density of population; and
(5) To realize the general purposes set forth in this chapter.
(B) Official Zoning Map.
(1) The boundaries of these zoning districts are hereby established as shown on a map entitled “Official Zoning Map for City of Madisonville, Kentucky (3-3-03) as amended.” This map may also be referred to in this chapter as the “Official Map” or the “Official Zoning Map.”
(2) Said zoning map and all notations and references and other matters shown thereon shall be and are hereby made a part of this chapter.
(3) The signature of the Mayor attested by the City Clerk shall identify the Official Zoning Map. This is to certify that this is the Official Zoning Map for the City of Madisonville adopted by the City Council.
(4) No changes of any nature shall be made to the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter.
(5) Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided under this chapter.
(6) The Official Zoning Map shall be located in the office of the Administrative Official and shall be the final authority on the current zoning classifications of all lands within the city.
(C) Amendments to the Official Zoning Map.
(1) Amendments to the Official Zoning Map shall be carried out using the same procedures that apply to other amendments of the zoning chapter.
(2) The Administrative Official shall update the Official Zoning Map after amendments to it are adopted.
(3) No unauthorized person may alter or modify the Official Zoning Map.
(4) The Administrative Official shall keep copies of superseded prints of the zoning map for historical reference.
(D) Rules for interpreting district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such centerlines.
(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 such limits.
(4) Boundaries indicated as approximately following unplatted property lines shall be construed as following unplatted property lines.
(5) Boundaries indicated as parallel to or extensions of features shall be so construed.
(6) Distances not specifically indicated on the Official Zoning Map shall be determined by the graphic scale on the map.
(7) Where physical or other features existing on the ground are in variance with those shown on the Official Zoning Map or in circumstances not covered above, the Board of Adjustments shall interpret the district boundaries.
(E) Application of district regulations. The regulations set forth in this chapter shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land and particularly as follows:
(1) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or demolished unless in conformity with all of the regulations herein specified for the district in which it is located.
(2) No building or structure shall hereafter be erected or altered:
(a) To exceed the maximum allowed height;
(b) To accommodate or house a greater number of families than specifically allowed;
(c) To occupy a greater percentage of lot area than specifically allowed;
(d) To have narrower or smaller yards or other open spaces than herein required or in any manner contrary to the provisions of this chapter.
(3) No part of a yard or other open space, required landscape area, parking or loading area for any building or structure shall hereafter be included as part of the same requirements for any other building or structure, except as specifically provided for in this chapter.
(4) Whenever a lot in a non-residential district has a common boundary line with a lot in a residential district and the setbacks in the non-residential district are less than the setbacks in the residential district, the non-residential district lot shall be required to observe the setbacks applicable to the adjoining residential lot.
Exception: Whenever a lot in an industrial district has a common boundary line with a lot used for residential purposes, a fifty (50) foot setback is required along all common boundaries.
(5) Any non-emergency access to any use in an industrial district is prohibited through any residential district.
(6) No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards and lots created after the effective date of this chapter shall meet at least the minimum requirements set forth herein.
(7) Whenever a lot abuts on a public alley, one-half (½) of the width may be considered as a portion of the required yard.
(8) All minimum frontage requirements for new structures shall be required on a dedicated public street.
(9) No type of building/structure, vehicle, tree, planting, vegetation, fence or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision of vehicular traffic.
(10) No type of building/structure shall be allowed in a utility/drainage easement with the exception of a fence or retaining wall.
(11) Exceptions relating to agriculture use: Land which is used solely for agricultural purposes shall have no regulations except that:
(a) Setback lines and minimum road frontages shall be required for the protection of existing and proposed streets and highways; and
(b) All building or structures in a designated floodway or flood plain or which tend to increase flood heights or obstruct the flow of flood waters may be fully regulated.
(F) Non-residential uses in residential districts. The minimum width of side yards for educational facilities, libraries, churches/religious institutions, community buildings and other public and semi-public buildings in residential districts shall be twenty-five (25) feet.
(G) Additional residential use requirements. The regulations set forth in this chapter shall be the minimum regulations and shall apply uniformly to all structures and land particularly as follows:
(1) All accessory uses shall only be permitted when a principal use exists on the property.
(2) No more than one (1) principal use on a lot is permitted in residential districts.
(3) No more than one (1) principal building/structure per lot is permitted in residential districts and agricultural districts, except when otherwise permitted by this chapter.
(4) All accessory structures on the lot shall not exceed thirty percent (30%) of the rear yard. Accessory structures shall only be permitted in the side or rear yard.
Exception: Carports may be permitted within the front yard so long as they comply with all required setbacks.
(5) Any accessory building closer than five (5) feet to the principal structure shall be considered as part of the principal structure and shall meet the minimum side and rear yards required for the principal structure.
(6) Outdoor swimming pools. All private swimming pools over twenty-four (24) inches deep or having a surface area more than two hundred and fifty (250) square feet shall be regulated according to the following requirements:
(a) No swimming pool shall be permitted within any required setback area nor within any utility easement;
(b) Swimming pools must be enclosed with a wall or fence (or by a natural barrier if approved by the Administrative Official), including a self-closing and self-locking gate around the pool or property upon which the pool is located. Such wall or fence must be at lease four (4) feet above the ground and must be constructed in such a manner that a small child may not reach the pool from the street or any adjacent property without scaling said wall or fence or opening the gate or door;
(c) Glare from lights used to illuminate the swimming pool area shall be directed away from adjacent properties; and
(d) All swimming pools and associated equipment shall be constructed and erected in accordance with the Kentucky Building Code and all rules and regulations therein.
(7) Driveways may not extend closer than one (1) foot to the side property line; except that in the event that a common driveway will be used to serve two (2) or more lots, then driveways may be permitted to abut the property line.
(8) No front yard shall be required to exceed the average depth of existing front yards on the same side of the street within the same block, when fifty-one percent (51%) or more of lots within that block are improved with residential buildings, provided that in no case shall a front yard depth be less then twelve (12) feet.
(9) For two-family and multi-family developments, all structures are required to maintain the front yard and rear yard setbacks from all roadways, including private access ways.
(10) Home occupations are allowed in the agricultural and residential districts as conditional uses and subject to all requirements herein.
(11) Home occupations that meet the following criteria are considered “limited” home occupations and do not require a conditional use permit;
(a) Have no signage or additional parking;
(b) Do not occupy more than twenty-five percent (25%) of the dwelling;
(c) Have limited deliveries;
(d) Have no customer/clientele/public visits; and
(e) Have no goods or products offered for sale on the premises.
(12) The following activities, so long as they meet other requirements of this chapter, may be regarded as accessory to residential principal uses:
(a) Hobbies or recreational activities of a non-commercial nature; and
(b) Yard, garage or estate sales, so long as such sales are not conducted for a period of longer than forty-eight (48) hours on the same lot and no more than five (5) times per year.
(13) The following activities shall not be considered as accessory to a principal residential use and shall be prohibited:
(a) Storage outside of substantially enclosed structure of any motor vehicle that is either unlicensed or not operational;
(b) Unscreened construction equipment, including but not limited to backhoes and front-end loaders;
(c) Unscreened over-the-road tractor trailers and semis parked at a residence for more than seventy-two (72) consecutive hours [three (3) days] during any consecutive seven (7) day period; and
(d) Use of a partial or complete mobile home, manufactured home or vehicle for storage purposes.
(H) Encroachment exceptions.
(1) In all districts unless otherwise specified herein fire-escapes, chimneys, window air conditioning units, ground heating and cooling units, steps and eaves may project up to twenty-four (24) inches into a side yard or rear yard setback.
(2) Open, unenclosed porches, stoops, awnings and balconies may project up to five (5) feet into a front yard setback.
(3) In no instance shall any encroachment be allowed into a utility/drainage easement.
(I) Screening and fencing in relation to residential uses. The following shall be prohibited in relation to any principal residential use:
(1) Installation of solid or opaque fence greater than thirty (30) inches in height above the surrounding grade in front of the building setback line;
Exception: If a parcel of property is adjacent to an incompatible use, installation of a solid or opaque fence which exceeds the height and location restrictions shall be subject to review and approval by the Administrative Officer.
(2) Installation of any fence or screen that impedes vehicular or pedestrian views or traffic in the area.
(J) Height exceptions. Height regulations apply to buildings occupied regularly by persons or their activities. They do not apply to other structures or portions of buildings, such as radio towers, ornamental spires, water towers, silos and flag poles which are not occupied regularly by persons except maintenance unless otherwise stipulated herein. No such structure, however, shall exceed seventy-five (75) feet without approval of the Board of Adjustments. The Board of Adjustments shall interpret whether or not height regulations apply upon application by the Administrative Official in doubtful cases. Federal Aviation Agency height regulations in the vicinity of the airport shall take precedence over all other height regulations.
(K) Prohibited uses. Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts. In addition, prohibited uses shall be defined to include activities that have a similar impact as uses prohibited by this chapter.
(l) Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible, explosive or hazardous material in manner that is in violation of city, county or state safety or fire prevention codes;
(2) Tanneries within one thousand (1,000) feet of a residentially-zoned lot or any lot used for residential purposes;
(3) Use of a camper, travel trailer or motor vehicle as a permanent or temporary residence except as allowed in §§ 156.180 et seq. of this chapter;
(4) Use of a manufactured/mobile home, travel trailer or motor vehicle parked on a lot as a structure in which, out of which or from which any goods are sold or stored, services are performed or other business is conducted, except when in connection with outdoor retail sales and display of merchandise as provided for in this chapter;
(5) Hazardous material and/or toxic waste disposal sites within one thousand (1,000) feet of a residentially-zoned lot or any lot used for residential purposes;
(6) Any manufactured/mobile home not conforming to all the regulations set forth for manufactured housing in this chapter; and
(7) Any activity that creates or produces noxious emissions of polluting substances, heat or light in such a manner that the activity unreasonably interferes with the reasonable use and enjoyment of neighboring properties of regularly-permitted uses or activities, unless it is permitted by state or federal authorities.
(L) Any exceptions listed above existing at the time of enactment of this chapter shall be considered to be non-conforming uses and subject to the requirements for such uses set forth elsewhere in this chapter.
(M) Public service facilities. Public fire, police, utility or other services are permitted in all districts except the Conservation District. Such facilities must abide by the following regulations:
(1) To the extent possible, all public safety/utility buildings should be similar in architectural design to the surrounding neighborhood.
(2) Non-essential vehicle parking shall be to the rear of the lot. Wherever possible, storage of public safety and emergency vehicles shall be to the rear of the lot. Driveway lanes associated with fire and rescue vehicles are exempt from this provision.
(3) Accessory structures shall be placed to the rear of the lot, unless such placement poses a danger to the safety and security of the public or safety personnel.
(N) Outdoor retail sales and display of merchandise.
(1) Outdoor retail sales and display of new merchandise is allowed in nonresidential zoning districts, provided that the sale of such goods is a permitted use in the applicable zoning district as an accessory to a commercial business which conducts most of its activities within an enclosed building or group of buildings on the same lot, when the following requirements are met:
(a) Displayed in a neat, orderly manner and kept clean and clear of litter;
(b) Does not obstruct clear vision of traffic or traffic signals or interfere with ingress/egress for vehicular traffic or pose a traffic or safety hazard;
(c) Does not obstruct pedestrian traffic or intrude upon the public right-of-way; and
(d) Screened from any adjoining residential use.
(2) Additional requirements in the Central Business District (CBD) District:
(a) A special use permit must be obtained from the Zoning Administrator; a written plan shall be provided indicating the type, location and time frame of all outside sales and any associated storage areas;
(b) Temporary sales and display of merchandise and outside dining areas may occur on a public sidewalk so long as a clear and unobstructed walkway is left for pedestrians and shall at no time obstruct the public's reasonable access upon and across said public sidewalk or create in any way a hazard or unsafe condition or situation;
(c) Merchandise must be removed each day at the close of business;
(d) Outside food sales/dining areas shall be limited to 7:00 a.m. through 10:00 p.m. Monday through Thursday and Sunday and 7:00 a.m. through 11:00 p.m. on Friday and Saturday;
(e) Temporary outdoor storage in crates, portable storage pods and other similar structures for the purpose of storing supplies or excess inventory to be sold is only allowed when not visible from a public right-of-way; and
(f) Where sales and display of merchandise or food sales occur on the sidewalk, a small sign may be allowed so long as it does not obstruct pedestrian or vehicular traffic and is only displayed during businesses hours.
(3) Exceptions: the following outside sales shall be allowed so long as (N)(1)(a) and (b) are met:
(a) Merchandise for sale or rent and/or displayed by a permanent retail establishment which by its nature requires outdoor storage such as nurseries, automobiles, boats, recreational vehicles, farm equipment, truck/trailer/equipment rentals, outdoor furniture/lawn ornaments and other similar type displays;
(b) Sales and displays associated with community festivals, activities, or social events;
(c) Seasonal items such as produce, plants, pumpkins, Christmas trees, fireworks, etc;
(d) Food trucks and other mobile food vendors as such temporary food sales shall be covered under a separate ordinance;
(e) Any other outside sales not allowed in this ordinance may apply for a special use permit to conduct temporary sales up to four times a year, on a quarterly basis, not to exceed 72 consecutive hours at any one location;
(f) Exceptions (3) (c), (d) and (e) are not applicable in the Central Business District.
(4) This section is not intended to prohibit or regulate residential yard sales, so long as conducted in accordance with § 156.020(G)(12)(b), nor the isolated or causal sale of household or other personal items by persons who may live or work in the city.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2017-7, passed 6-21-17)