Zoning & Permits
The Madisonville Zoning & Permit Office is committed to progressive building and the development and effective enforcement of adopted codes and ordinances to meet the needs and concerns of all its citizens. This site has been designed to provide information, forms and regulations, which will be of assistance to you. We will endeavor to provide the citizens of Madisonville courteous, efficient and responsive services at all times. Please feel free to contact our office with questions, comments and/or concerns you may have.
In order to protect the general health, safety and welfare of the public, including to classify, regulate and restrict the use and location of buildings designed for specified uses; to regulate and determine the area of yards, courts and other open spaces surrounding buildings; and to regulate the density of population and to realize the general purposes set forth in the Zoning Ordinance, the City is divided into zoning districts
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ZONING AMENDMENT APPLICATION
PROPOSED LAND USE MAP
HISTORIC DISTRICT MAP
HISTORIC DISTRICT GUIDELINES
CERTIFICATE OF APPROPRIATENESS
How to use the zoning ordinance - what regulations apply to my property?
STEP 1 Find your property on the Official Zoning Map and note your zoning district and any overlay districts or historic districts that apply.
STEP 2 Refer to Chapter 156.021-156.034 to find your particular zoning district for allowed uses and dimensional standards (lot size, required setback, etc.). Uses are either permitted by right or allowed as a conditional use granted by the Board Of Adjustments (refer to Chapter 156.051 & 156.105 for additional conditional use requirements).
HOW DO I CHANGE MY ZONING DISTRICT? The Madisonville City Council may rezone property, following public notice and a public hearing in front of the Hopkins County Joint Planning Commission. See Chapter 156.201-165.209 for zoning map amendments (rezoning).
How do I change my zoning district?
The Madisonville City Council may rezone property, following public notice and a public hearing in front of the Hopkins County Joint Planning Commission. See Chapter 156.201-165.209 for zoning map amendments (rezoning).
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To ensure code compliance and safe building techniques as well as to protect the owner and future occupants, a building permit is required for all new structures (including accessory buildings, above & in-ground pools 30” deep, decks, fences, etc.); when making any structural alterations and/or additions, and when a project includes any electrical, mechanical or plumbing work. In addition, when changing the use of a structure (for example, converting non living area such as a garage or porch into living area, converting an office to retail or changing from residential to commercial) a building permit is required. The City of Madisonville has expanded jurisdiction and will permit/inspect all projects with the exception of day cares, nursing home and hospitals.
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Separate trade permits/inspections are required for mechanical, plumbing and electrical work and must be performed by a licensed tradesman. Mechanical (HVAC) permits are issued by the Madisonville Building Official. Plumbing issued by the Hopkins County Health Department or in the case of larger commercial projects, by the Plumbing Division in Department of Housing, Building, & Construction in Frankfort. Electrical inspections may be done by calling one of the following inspectors: (Matt Conrad (270) 821-1363 | Rodney Croft (270) 887-8798 | Lewis Hopper (270) 305-3738)
2. General contractor (GC) must provide proof of Workers Compensation & Liability Insurance which may be faxed to (270) 824-2168. If GC has no employees, workers comp is not required but an exemption certificate is required pursuant to KRS 342.610 (5) – either for an Individual or Corporation/Partnership.
3. Provide a current City of Madisonville Occupational License Number (please note that if the GC does not have employees, all subcontractors on the job must meet same requirements described in #2 & #3);
4. Provide a site plan including:
- Lot dimensions;
- Location and use of all structures on the property (existing and proposed), distances from all structures to each other and distances of all structures to front, side and rear property lines (please note the front yard distances are to be measured from the property line/edge of right-of-way and not the edge of the paved street);
- Dimensions, square feet and height of proposed structures;
- Location and width of all existing and/or proposed driveways; distance from all drive-ways to property lines (must maintain 1’ from adjoining neighbor);
- Location of all existing and proposed easements (if applicable);
- List of all adjacent streets to the property.
5. Provide building plans showing floor plan/structural information; (if none available, contractor should consult with the Building Official for scope of work).
6. Once all information is received, it is forwarded to the City's Utility Departments for their review and approval, which can take 3-5 business days.
7. Homeowner or contractor must call KY811 two business days prior to any digging.
Projects greater than 5,000 square feet of building area are considered a Major Development Plan; in addition to City Department approvals, it must also go before the Hopkins County Joint Planning Commission. Please see Major Development Plan checklist for submittal requirements.
In addition to the items listed on the minor/major development plan checklists, the following information is required:
1. Complete a Building Permit application and affidavit in its entirety and sign. Place N/A for all items not applicable; submit applicable fees;
2. General contractor (GC) must provide proof of Workers Compensation & Liability Insurance which may be faxed to (270) 824-2168. If GC has no employees, workers comp is not required but an exemption certificate is required pursuant to KRS 342.610 (5) – either for an Individual or Corporation/Partnership
3. General contractor and all sub-contractors must provide a current City of Madisonville Occupational License Number (please note that if the GC does not carry Workers Compensation Insurance, all sub-contractors must meet same requirements described in #2 above)
4. Review period depends on project size and complexity and should be discussed with the Building Office or Zoning Administrator for estimated approval time.
ADDRESS If the proposed project is a new structure, an address will be assigned by the Hopkins County Joint Planning Commission once the site plan has been submitted and reviewed.
DRIVEWAY - ENCROACHMENT PERMIT All construction projects needing a new driveway will be issued an encroachment permit at the time application is made for the building permit. If a City street, the City's Engineering Department will issue; if a state highway, contact the Kentucky Department of Transportation (270) 824-7080
INSPECTIONS The Zoning & Permits Department strives to provide the citizens of Madisonville with the highest inspection standards consistent with the adopted codes and regulations. This is accomplished through the consistent and equitable application of regulations through plan reviews, inspections, enforcement and the issuance of permits.
After the issuance of the building permit, the Building Official conducts inspections from time to time during the construction. A minimum of three inspections are made; footer, rough frame and final (see below for more information); however, additional inspections may also be made if deemed necessary and appropriate. To schedule an inspection, contact the Building Official at (270) 824-2196 between the hours of 8:00 a.m. – 4:00 p.m. Monday through Friday. A 24-hour notice is encouraged.
1. Footer Inspection: footers should be clean and of appropriate size. Steel reinforcement bar (rebar) shall be tied together and in place at the time of inspection. Concrete shall not be poured.|
2. Rough Frame Inspection: the rough inspection is to be performed after the electrical and plumbing have been roughed in and prior to the installation of any interior finish (drywall, insulation, etc.).
3. Final Inspection: a final inspection is required PRIOR TO occupancy. All work shall be completed before this inspection is scheduled. All other required inspections (Electrical, Plumbing, Gas, etc.) shall be completed and approved. Once the final inspection has been performed and the structure certified as in compliance with all applicable codes, a Certificate of Occupancy will be issued.
4. Special Inspections: special inspections are required per Chapter 17 of the Kentucky Building Code when a commercial project is permitted that has been required to be designed by Table 122.1. Special inspections shall be per the designer and meet the KBC requirements.
CERTIFICATE OF OCCUPANCY Once a building or structure conforms to all applicable codes, regulations and requirements (this includes the final inspection for plumbing and electric) the Building Official shall issue a Certificate of Occupancy (CO). A building or structure may not be occupied until such time the CO has been issued.
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HVAC (Heating, Ventilation, Air Conditioning)
A permit is required for all new HVAC installations in all structures. The City of Madisonville carries expanded jurisdiction and the City's Building Official will be issuing and inspecting these projects.
The purpose of the Sign Regulations is to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; to promote the economic welfare of the community by providing businesses a reasonable opportunity to use signs to communicate, to advertise and to assist potential customers to locate and identify desired products, goods, services or facilities; to maintain and enhance the aesthetic environment without unduly restricting the City's ability to attract sources of economic development and growth; to promote both renovations and proper maintenance; and to enable the fair and consistent enforcement of said Regulations. The Zoning Administrator shall be charged with the issuance of sign permits and enforcement. No sign may be erected in the City unless in conformance with the City's Sign Regulations.
A demolition permit is required of any building or structure prior to the start of any such work. All demolition shall be carried out in a manner to provide reasonable safety to persons and property. Safety measures at the demolition site must be in accordance with all applicable code & ordinances. If the demolition is part of a project submitted for a building permit, a separate demolition permit will not be required.
Grading & Paving
Any grading, excavating, filling or removal of soil, trees or other vegetation, except for minor changes such as the filling of small depressions, removal of vegetation which is diseased or endangering the public safety, etc., or paving of any lot or parcel (except the paving of driveways for single and two-family dwellings), must first obtain a grading and paving permit.
Change of Use
In cases where a building permit is not necessary but the use of the structure will be changed (i.e. residential to commercial, offices to retail, etc.), a change of use application is required. The application shall be accompanied by a detailed account of the new use including parking.
Utility Connection Outside City Limits
Requests for water or sewer service outside the city limits of Madisonville requires City Council approval.
Board of Adjustment (BOA)
The Madisonville Board of Adjustment (BOA) is comprised of three (3) Madisonville citizens who are appointed by the Mayor & City Council; their main responsibility is hearing requests for Conditional Use Permits and Dimensional Variances. The BOA also approves the replacement of existing mobile homes (not within a mobile home park or subdivision) and hears appeals regarding administrative decisions or interpretations of the Madisonville Zoning Ordinance by the Zoning Administrator. Current members of the BOA are: Dr. Morris Yates (Chairman), Kent Waide & Jerry Klym.
BOA meetings are held on an "as called for" basis in the second floor conference room of Madisonville Municipal Building located at 77 North Main Street (corner of Main & Arch); all meetings are open to the public.
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In the Madisonville Zoning Ordinance, there are permitted uses (those uses automatically allowed without conditions or special approvals) and there are conditional uses which require approval of the BOA. Be sure to refer to Section 156.051 of the Madisonville Zoning Ordinance for more requirements regarding conditional uses. Upon application, the BOA holds a public hearing and hears and decides whether to grant or deny a conditional use permit. When granting a conditional use permit, the BOA shall certify compliance with the specific rules governing individual permits and that satisfactory provisions have been made concerning the following (where applicable):
1 Ingress and Egress
2 Off-Street Parking and Loading Areas
3 Refuse & Public Service Area
4 Availabilities of Utilities
5 Screening and Buffering of Non-Compatible Uses
7 Required Yard & Open Space
8 Specific Criteria to Chapter 4 of the Madisonville Zoning Ordinance
9 General Compatibility with Adjacent Properties
10 Other Items Pertaining to the General Health, Safety and Welfare of the Public
The BOA may consider, granting a variance from the terms of dimensions and setbacks as specified by the Zoning Ordinance where special conditions exist and a literal enforcement of the provisions of the Zoning Ordinance would result in undue hardship or practical difficulty. Variances are not intended to be granted frequently. The BOA must conduct a public hearing and find the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or nuisance to the public and will not allow an unreasonable circumvention of the requirements of the Zoning Ordinance. A variance applies for the property for which it was granted and runs with the land and is transferable to any future owner but it cannot be transferred by the applicant to a different site.
Findings necessary for granting a variance are:
1. The requested variance arises from special circumstances which do not generally apply to land in the general vicinity or in the same zone;
2. The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and,
3. The circumstances are the result of actions of the applicant taken subsequent to the adoption of the Zoning Ordinance from which relief is sought.
BOA Public Hearing Process?
Application and payment is made to the Administrative Official. Notice of the request is given to adjoining property owners, via first class mail no more than 21 days nor less than 7 days in accordance with KRS 424.130(b) before date of said hearing. In cases where the subject property is located within or abutting a residential zoning district, written notice shall be at least 14 days in advance of the public hearing. Notice shall also be published in the local newspaper at least once no more than 21 days nor less than 7 days in advance of the hearing. The public hearing is held; any party may appear in person, or by an agent or attorney. The BOA, based upon the information presented during the hearing, will make a decision to grant or deny the request. Written findings of fact and a copy of the minutes will be sent to the applicant once the BOA has reviewed and officially approved them (this may take a few weeks).
Replacement of an Existing Mobile Home (not in a mobile home park)
Mobile homes not in an approved mobile home park or subdivision may be replaced, provided approval is given by the Board of Adjustments in accordance with the following criteria. If replacing a mobile home with another mobile home, consult with the Administrative Official prior to the home’s removal.
1. Application is made within 3 months of the date of its removal and replacement home occupies the lot within 30 days of approval by the BOA.
2. The replacement home does not create new non-conformities with respect to such matters as, but not limited to, setback and parking requirements.
3. The replacement home’s appearance and standards and value must be equal to or higher than the home being replaced and in no case have a minimum value of less than $5,000. The BOA may use an assessed value, bill of recent sale or, when meeting the minimum $5,000 value is in question, require a certified appraisal conducted by a licensed appraiser to establish a current value. The cost of such appraisal shall be at the owner’s expense.
4. If the replacement home is build prior to June 15, 1976, the home must be HUD inspected and written approval for habitation provided.
5. All other applicable provisions of the Zoning Ordinance are met.
Limits of Authority
The BOA shall act only within the strict limits of its authority as defined in the Zoning Ordinance and Kentucky Revised Statues (KRS) Chapter 100. The BOA has no authority to vary the use regulations or other regulations not specifically delegated to it. The BOA shall not hold hearings on applications or appeals seeking decisions that the BOA is not authorized to make.
Appeals from the BOA
Any person or entity claiming to be injured or aggrieved by the final decision of the BOA may seek relief by appeal to the Hopkins County Circuit Court within 30 days of the final action of the BOA.READ MORE COLLAPSE PIECE