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Madisonville City Zoning Code

ARTICLE XIII

COMMERCIAL SERVICES DISTRICT CS

Sec. 46-380. Purpose.

The Commercial Services District (CS) is established to provide for business and commercial activities that are typically large in scale and are designed to serve the region, and promote economic development and regional enterprise in a positive and sustainable manner for the city. The CS district allows for intensive retail and commercial land uses.
(Code 2014, § 46-380; Ord. No. 629, § 01.13.001, 12-1-2006)

Sec. 46-381. Permitted uses.

Any use permitted in the General Business District (GB) is permitted in the Commercial Services District (CS), with the addition of:
      (1)   Automobile repair.
      (2)   Automobile sales/rental/service.
      (3)   Boat sales/rental/service.
      (4)   Bus terminal/station.
      (5)   Commercial amusement (outdoor).
      (6)   Commercial bakery.
      (7)   Farm equipment sales and service.
      (8)   Feed store.
      (9)   Gaming establishment.
      (10)   Ice company (sales).
      (11)   Ice company (wholesale).
      (12)   Indoor archery and shooting range.
      (13)   Landscape service.
      (14)   Laundry, commercial.
      (15)   Lumberyard.
      (16)   Manufactured home display and sales.
      (17)   Miniwarehouse/self-storage.
      (18)   Motorcycle sales/rental/service.
      (19)   Nightclub or tavern.
      (20)   Office—Showroom/warehouse.
      (21)   Theater—Outdoor (amphitheater).
      (22)   Overnight delivery company.
      (23)   Paper/chemical supplier.
      (24)   Parking lot (non-paid for nonresidential use).
      (25)   Reserved.
      (26)   Reserved.
      (27)   Printing company.
      (28)   Private utility company (with outside storage).
      (29)   Recycling collection point.
      (30)   Recreational vehicle (RV) park.
      (31)   Tool and machinery rental.
      (32)   Trade shop or office.
      (33)   Truck repair/truck stop.
(Code 2014, § 46-381; Ord. No. 629, § 01.13.002, 12-1-2006; Ord. No. 751, § 1, 6-8-2015)

Sec. 46-382. Conditional uses.

Any use conditional permitted in the GB General Business District (GB) is conditionally permitted in the Commercial Services District (CS), with the addition of:
      (1)   Cabinet shop.
      (2)   Cemetery.
      (3)   Flea market.
      (4)   Golf course or country club.
      (5)   Heliport or helistop.
      (6)   Manufacturing.
      (7)   Machine shop.
      (8)   Refuse systems.
      (9)   Rodeo grounds.
      (10)   Stables, commercial.
(Code 2014, § 46-382; Ord. No. 629, § 01.13.003, 12-1-2006)

Sec. 46-383. Height regulations.

The height regulations for the Commercial Services District (CS) are as follows:
      (1)   The maximum allowable height is 35 feet.
      (2)   Structures over 35 feet in height are permitted with the additional setback of one foot for each two feet in height over 35 feet.
(Code 2014, § 46-383; Ord. No. 629, § 01.13.004, 12-1-2006)

Sec. 46-384. Setback regulations.

The setback regulations for the Commercial Services District (CS) are as follows:
      (1)   Front setback shall have a minimum of 25 feet.
      (2)   Side setback shall have a minimum of ten feet.
      (3)   Side setback adjacent to a street shall have a minimum of 15 feet.
      (4)   Rear setback shall have a minimum of ten feet.
(Code 2014, § 46-384; Ord. No. 629, § 01.13.005, 12-1-2006)

Sec. 46-385. Lot regulations.

The lot regulations for the Commercial Services District (CS) are as follows:
      (1)   The minimum lot size shall be 20,000 square feet.
      (2)   The minimum lot width shall be 100 feet.
      (3)   The minimum lot depth shall be 200 feet.
(Code 2014, § 46-385; Ord. No. 629, § 01.13.006, 12-1-2006)

Sec. 46-386. Off-street parking regulations.

See article XIX of this chapter for off-street parking regulations.
(Code 2014, § 46-386; Ord. No. 629, § 01.13.007, 12-1-2006)

Sec. 46-387. Building regulations.

The building regulations for the Commercial Services District (CS) are as follows:
      (1)   No building shall contain a single continuous exterior wall that exceeds 100 feet in length. All exterior walls shall be finished with at least 50 percent masonry, and consist of one or a combination of the following materials: brick, native types of stone, and/or cast stone. Alternative materials may be approved by the city manager if the alternative materials meet or exceed the standards of the materials listed in this subsection.
      (2)   Awnings and canopies may be made of sheet metal or canvas membrane. Plastic or vinyl awnings are not permitted.
      (3)   All ground-floor building faces shall utilize the similar architectural treatments on all sides visible from the street or adjacent residences.
      (4)   Pitched roofs shall be required on all buildings in this district. The slope of the pitch shall be a minimum ratio of 4:13.
      (5)   Glazed openings shall account for at least 25 percent of the overall wall surface along walls visible from a lot line. Glazing shall not exceed 80 percent. Mirrored glass is not permitted.
(Code 2014, § 46-387; Ord. No. 629, § 01.13.008, 12-1-2006)

Sec. 46-388. Regulations specific to the district.

The regulations specific to the Commercial Services District (CS) are as follows:
      (1)   Displays and merchandise shall be fully contained and displayed within the building or a fully screened enclosure, with the exception of the following:
         a.   Car sales;
         b.   Boat sales;
         c.   Trailer sales;
         d.   Recreational vehicle sales;
         e.   All-terrain vehicle sales;
         f.   Farm and ranch equipment.
      (2)   A permanent structure with indoor facilities that include offices, restroom facilities, etc., that comply with all building code regulations is required.
      (3)   Open storage is prohibited.
      (4)   Establishments selling alcoholic beverages shall not be located within:
         a.   300 feet of a public school, place of worship, or a public hospital.
         b.   1,000 feet of a public school, if the city council receives a request from the board of trustees of a school district under V.T.C.A., Education Code § 38.007; or
         c.   1,000 feet of a private school if the city council receives a request from the governing body of the private school.
      (5)   No temporary structures, such as recreational vehicles, travel trailers, construction trailers, or mobile homes may be used for on-site dwelling purposes.
      (6)   Duplex, townhouse, and patio home dwellings permitted conditionally in this district shall conform to standards as specified in article XXIV of this chapter.
      (7)   Wireless telecommunications facilities shall be allowed only as provided for in article XXV of this chapter.
      (8)   No use or operation, including those permitted by right, shall create a dangerous, injurious, noxious, or reasonably objectionable condition so as to adversely affect areas outside of the district.
(Code 2014, § 46-388; Ord. No. 629, § 01.13.009, 12-1-2006)

Sec. 46-389. Landscaping regulations.

The landscaping regulations for the Commercial Services District (CS) are as provided in article XX of this chapter.
(Code 2014, § 46-389; Ord. No. 629, § 01.13.010, 12-1-2006)

Sec. 46-390. Self-storage regulations.

Self-storage shall be permitted in the Commercial Services District (CS), provided that the following development standards apply:
      (1)   Dimension of building containing office/caretaker residence. The building containing the office/caretaker residence shall have a maximum height of no more than 30 feet.
      (2)   Exterior access of building. Any self-storage building in the development with exterior access to the storage facilities shall have a maximum height of no more than 12 feet.
      (3)   Units for boats and recreational vehicles. Units built solely for boats and recreational vehicles shall have a maximum height of no more than 16 feet.
      (4)   Interior access of building. Any self-storage building in the development with interior access to the storage facilities shall have a maximum height of no more than 30 feet.
      (5)   Development standards for self-storage facilities. It is the intent of these regulations to preserve the primary frontage on the arterial roadways in the city and enhance the safety and development impact of self-storage developments city-wide. Specifically, self-storage uses shall comply with the requirements as set forth in this section:
         a.   Front setback and street yard. Entry gates shall be located no less than 50 feet from the right-of-way of a public street. A minimum 25-foot landscape buffer shall be provided between the front property line and the first building, including the office/caretaker building, unless the front buildings are located 300 feet or more from the right-of-way. The landscape buffer, when required, shall include a minimum of one two-inch caliper canopy (shade) tree, and five five-gallon shrubs planted for every 40 linear feet of frontage, rounded to the nearest whole number, with plant types and maintenance in accordance with subsection (5)d of this section. The landscape buffer area shall contain a minimum of 50 percent live plant material, and can include an interior sidewalk.
         b.   Periphery fire lane. A 21-foot fire lane shall be required between the periphery fence and/or buffer and the storage buildings and storage parking to provide for emergency access. When the rear or outer wall of a masonry building is used instead of a periphery fence, the 21-foot fire lane shall be located at the front of this building.
         c.   Storage parking. Storage or parking of recreational vehicles, boats, trailers, and other similar outside storage shall not be permitted within 21 feet of any property line on the periphery of the development. Such storage shall be screened by a minimum six-foot, but no more than eight-foot-high masonry fence, or by other storage buildings on-site such that the outside storage is not directly viewed from any public street. This provision shall not be interpreted to permit the storage of partially dismantled, wrecked, or inoperable vehicles.
         d.   Buffering and screening. The entire area that includes the self-storage use, with exception of the office and its customer and employee parking, and the access driveways, shall be enclosed by a minimum six-foot high fence. The outer masonry wall of a building with the landscape buffer may be used in place of a periphery fence. The fence shall be a privacy fence constructed of woodcrete, brick, stone, or similar masonry product having a finished surface, or a fence of wood with masonry columns. The fence requirement shall allow for wrought iron or black tubular steel only at the gates. A landscape buffer is required around the periphery of the development. The outer wall of a building, when used instead of a periphery fence, shall be constructed of brick, stone or tilt wall. Cinderblocks shall not be permitted for use as the fence or the outer wall; however, split-faced concrete may be used. Fencing located adjacent to public streets shall be located behind the building setback line. An irrigation system shall be installed. The landscape buffer around the periphery of the development shall be a minimum of ten feet in width, and shall consist of a minimum area of 50 percent live plant material. The landscape buffer shall contain at least one two-inch-caliper canopy tree, and five five-gallon shrubs planted for every 40 linear feet, rounded to the nearest whole number. The landscape buffer shall be located outside the fence so that it is visible to the public, except in such case where the buffer adjoins property bounded predominantly by a privacy fence or similar barrier that otherwise makes planting and maintenance impractical, in which case the landscape buffer and plantings may be located inside the fence and one ornamental tree may be planted for each two shrubs required. Species of trees and shrubs shall be chosen from water-wise varieties listed in the preferred plant list, as defined in article XX of this chapter. Maintenance shall be the responsibility of the property owners. Required maintenance includes weeding, watering, fertilizing, mowing, mulching and keeping the area free of litter. Failure to maintain the landscape areas shall constitute a violation of this chapter. Self-storage buildings that are designed for interior hallway access only, with no individual exterior access doors to the individual storage areas, are exempt from the fencing requirements of this section and shall comply with the landscape regulations in article XX of this chapter. Dumpsters shall be located within the security fencing and screened from view of the street or adjacent properties.
         e.   Caretaker residence. A caretaker residence shall be permitted in connection with the office at the entry to the development. The caretaker residence shall be a minimum of 800 square feet and shall fully comply with the building code for a multifamily residential unit.
         f.   Requirements for exterior facades. The exterior facade of the building containing the office/caretaker residence shall contain a minimum of 50 percent masonry, shall not contain sheet metal siding on the front and side exterior walls, and shall include a pitched or hipped roof. The exterior of the self-storage buildings that are screened may be constructed of sheet metal siding.
(Code 2014, § 46-390; Ord. No. 629, § 01.13.011, 12-1-2006)

Sec. 46-391. Sign regulations.

The applicable sign regulations for the Commercial Services District (CS) are as provided in sections 34-116 and 34-117.
(Ord. No. 813, § 1, 10-9-2018)