Madisonville City Zoning Code

The Downtown District (DT) is established to accommodate existing developments and to promote new development in an area which traditionally provided for various types of general retail, office, business and service uses while encouraging secondary residential uses on the upper floors of buildings.

(Code 2014, § 46-478; Ord. No. 629, § 01.16.001, 12-1-2006)

The permitted uses for the Downtown District (DT) are as follows:

      (1)   Banks, savings and loans or credit unions.

      (2)   Child care, Class B.

      (3)   Child care, Class C.

      (4)   Commercial amusement (indoor).

      (5)   Dance studio.

      (6)   Department store (discount/variety).

      (7)   Essential municipal uses.

      (8)   Fitness center.

      (9)   General office use (professional, administrative, etc.).

      (10)   Government (federal, state, county) owned structures, facilities, and uses.

      (11)   Hospital.

      (12)   Kiosk.

      (13)   Laundromat (self-service washateria).

      (14)   Loft apartments.

      (15)   Medical clinics.

      (16)   Motel/hotel.

      (17)   Museum/art gallery.

      (18)   Nightclub or tavern (5,000 square feet or less).

      (19)   Personal service shop or custom personal services.

      (20)   Photography studio.

      (21)   Place of worship.

      (22)   Radio or television broadcasting studio (without tower).

      (23)   Restaurant, cafeteria.

      (24)   Retail, general.

      (25)   Schools.

      (26)   Studio.

      (27)   Temporary structures for uses incidental to construction work on the premises, which said buildings shall be removed upon the completion or abandonment of construction work.

      (28)   Theater (indoor).

      (29)   Veterinary services (no outside runs or pens).

(Code 2014, § 46-479; Ord. No. 629, § 01.16.002, 12-1-2006)

The conditional uses for the Downtown District (DT) are as follows:

      (1)   College or university.

      (2)   Condominiums.

      (3)   Municipal services support facilities.

      (4)   Nightclub or tavern (greater than 5,000 square feet).

      (5)   Police station.

      (6)   Rooftop heliport or helistop.

      (7)   Townhouses.

(Code 2014, § 46-480; Ord. No. 629, § 01.16.003, 12-1-2006)

In the Downtown District (DT), a minimum of 75 percent of all facades must be built up to the property line.

(Code 2014, § 46-481; Ord. No. 629, § 01.16.004, 12-1-2006)

The Downtown District (DT) is exempt from off-street parking regulations.

(Code 2014, § 46-482; Ord. No. 629, § 01.16.005, 12-1-2006)

The building regulations for the Downtown District (DT) are as follows:

      (1)   Building permits within the downtown zoning district will not be issued prior to the review and approval by the city manager or his designee, to ensure that new construction and/or additions to existing structures are in keeping with the significant architectural, historic, or cultural elements of the district.

      (2)   No person or entity shall remove or demolish any structure unless approved by the city manager with an appeal to the planning and zoning commission and then to city council.

(Code 2014, § 46-483; Ord. No. 629, § 01.16.006, 12-1-2006)

The regulations specific to the Downtown District (DT) are as follows:

      (1)   Outside storage is prohibited.

      (2)   Establishments selling alcoholic beverages shall not be located within:

         a.   300 feet of a public or private 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.

      (3)   Temporary structures including, but not limited to, recreational vehicles, travel trailers, manufactured homes, or mobile homes will not be permitted in the Downtown District (DT).

      (4)   Wireless telecommunications facilities shall be allowed only as provided for in article XXV of this chapter.

      (5)   The following regulations are to control contamination of the air, water, or the environment and to safeguard the health, safety, and general welfare of the public. No machine, process or procedure shall be employed on any property in the city, in which:

         a.   Emission of smoke, dust, noxious, toxic, or lethal gasses are detectable beyond the perimeter of the property;

         b.   Vibration is discernible beyond the property line; or

         c.   Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property, which are noxious, toxic, radioactive, or contain oil or grease.

(Code 2014, § 46-484; Ord. No. 629, § 01.16.007, 12-1-2006)

The landscaping regulations for the Downtown District (DT) are as provided in article XX of this chapter for landscaping regulations.

(Code 2014, § 46-485; Ord. No. 629, § 01.16.008, 12-1-2006)

The applicable sign regulations for the Downtown District (DT) are as provided in sections 34-116 and 34-117.

   (a)   The Code Enforcement Downtown Overlay shall apply to all property located within the Downtown (DT) zoning district.

   (b)   The provisions of this division shall apply in addition to all other applicable provisions of this Code.

   (c)   In the event of a conflict between this division and another provision of this Code, the more restrictive provision shall govern.

   (d)   Nothing contained herein shall be construed to waive compliance with any building, fire, health, sign, or other applicable regulations of the city.

(Ord. No. 896, 7-13-2026)

   (a)   Applicability. The provisions of this section shall apply to all signs located within the Code Enforcement Downtown Overlay and shall supplement the requirements of Chapter 34 of the Code of Ordinances.

   (b)   General standards.

      (1)   All signs shall be maintained in a safe, structurally sound, and orderly condition.

      (2)   Signs shall be maintained free of peeling paint, fading, rust, corrosion, cracked surfaces, broken components, exposed wiring, missing panels, deteriorated materials, or other visible signs of neglect.

      (3)   Sign supports, mounting hardware, frames, and associated structures shall be maintained in good repair and shall not present a hazard to persons or property.

   (c)   Illumination standards.

      (1)   Signs may be illuminated by external lighting fixtures, including but not limited to shielded fixtures, directional fixtures, wall-mounted fixtures, gooseneck fixtures, or similar lighting methods.

      (2)   Internally illuminated signs shall be permitted provided the illumination is stationary, constant in intensity, and does not create glare, excessive brightness, or a nuisance to adjacent properties or public rights-of-way.

      (3)   Halo-lit or reverse channel letter signs shall be permitted.

      (4)   Front-lit channel letter signs shall be permitted.

      (5)   Cabinet signs with internal illumination shall be permitted where otherwise authorized by this Code.

      (6)   All illuminated signs shall be maintained in proper working order and shall not contain exposed electrical components, damaged lighting elements, or partially illuminated sections.

   (d)   Prohibited illumination and sign features. The following shall be prohibited within the Code Enforcement Downtown Overlay:

      (1)   Signs utilizing neon gas illumination technology;

      (2)   Exposed neon tubing;

      (3)   LED products, lighting systems, or illumination devices designed to simulate the appearance of exposed neon tubing;

      (4)   Flashing, blinking, pulsating, scrolling, rotating, moving, animated, intermittent, or strobe lighting effects;

      (5)   Exposed rope lighting, exposed strip lighting visible from a public street, sidewalk, alley, or public right-of-way, except as authorized by the city for temporary seasonal displays or special events.

   (e)   Abandoned and obsolete signs.

      (1)   Any sign advertising a business, activity, service, product, or use no longer conducted on the premises shall be deemed an abandoned sign.

      (2)   Abandoned, obsolete, or nonfunctional signs shall be removed or brought into compliance within 90 days following cessation of the associated business activity.

      (3)   Vacant tenant panels, freestanding sign faces, and similar sign structures shall be maintained with a uniform blank panel, decorative insert, or other approved covering.

   (f)   Temporary signs. Temporary signs, banners, pennants, and similar displays shall comply with Chapter 34 of this Code and shall not remain in place for more than 90 consecutive days unless otherwise authorized by this Code.

   (g)   Existing nonconforming signs. Any sign lawfully existing on the effective date of this section that does not conform to the provisions of this section may continue as a legal nonconforming sign subject to the provisions of this Code. Any replacement, relocation, substantial alteration, or reconstruction of such sign shall require compliance with this section.

(Ord. No. 896, 7-13-2026)

   (a)   All exterior portions of buildings and structures shall be maintained in good repair and free from visible deterioration.

   (b)   Exterior surfaces shall be maintained free of:

      (1)   Peeling paint;

      (2)   Flaking finishes;

      (3)   Excessive staining;

      (4)   Visible mildew;

      (5)   Graffiti;

      (6)   Rot;

      (7)   Corrosion;

      (8)   Structural deterioration; or

      (9)   Similar conditions affecting the appearance, safety, or integrity of the structure.

   (c)   Roofs, walls, trim, cornices, awnings, canopies, and other exterior building components shall be maintained in a safe and weather-resistant condition.

   (d)   Exterior property areas visible from a public street, sidewalk, alley, or public right-of-way shall be maintained free of accumulated debris, rubbish, junk, discarded materials, or other conditions constituting a public nuisance.

   (e)   Buildings shall be maintained so as not to create unsafe conditions, hazards to the public, or conditions likely to accelerate deterioration of the structure.

(Ord. No. 896, 7-13-2026)

   (a)   All building facades visible from a public street, sidewalk, alley, or public right-of-way shall be maintained in good repair and free from visible deterioration.

   (b)   Exterior walls, trim, cornices, awnings, canopies, architectural features, and decorative elements shall be maintained in a safe and structurally sound condition.

   (c)   Storefront windows and glass doors shall be maintained in good condition and free from broken, cracked, or missing glazing.

   (d)   Windows shall not be boarded, covered, painted over, or otherwise obscured except as permitted under the provisions relating to vacant commercial buildings.

   (e)   Paper, cardboard, plastic sheeting, aluminum foil, or similar temporary materials shall not be used to cover storefront windows visible from a public street, sidewalk, alley, or public right-of-way.

   (f)   Exterior building surfaces shall be maintained free of peeling paint, flaking finishes, excessive staining, visible mildew, graffiti, or similar deterioration.

   (g)   Awnings and canopies shall be maintained in good repair and free from tears, excessive fading, sagging, missing components, or other visible deterioration.

   (h)   Building entrances intended for public use shall be maintained in an accessible and functional condition during normal business operations.

(Ord. No. 896, 7-13-2026)

   (a)   Applicability. The provisions of this section shall apply to all commercial, mixed-use, and multifamily properties located within the Code Enforcement Downtown Overlay utilizing dumpsters, compactors, refuse containers, recycling containers, or other waste collection facilities.

   (b)   General requirements.

      (1)   All refuse, garbage, recycling, and waste materials shall be stored within approved containers designed and maintained to prevent the scattering of contents by wind, weather, animals, or other causes.

      (2)   Refuse collection areas shall be maintained in a clean, sanitary, and orderly condition at all times.

      (3)   All lids, covers, doors, and access openings on waste containers shall remain closed except during active loading, unloading, or collection.

      (4)   The accumulation of refuse, garbage, recyclable materials, or debris outside designated waste containers is prohibited.

   (c)   Location.

      (1)   Dumpsters, compactors, and similar commercial waste collection facilities shall be located to the rear of the principal structure whenever reasonably practicable.

      (2)   Where rear placement is not feasible due to lot configuration, site constraints, access limitations, or existing development conditions, the city manager or designee may approve an alternate location.

      (3)   Under no circumstances shall a dumpster, compactor, or refuse collection area be located between the principal building and the primary street frontage unless the city manager or designee determines that no reasonable alternative location exists.

      (4)   Waste collection facilities shall not obstruct required parking spaces, fire lanes, pedestrian pathways, drive aisles, utility access, or emergency access routes.

   (d)   Screening and enclosures.

      (1)   All dumpsters, compactors, and commercial refuse collection facilities visible from a public street, sidewalk, alley, or public right-of-way shall be screened from view by an enclosure.

      (2)   Required enclosures shall consist of a solid wall, fence, masonry structure, decorative metal enclosure, landscaping, or a combination thereof designed to substantially conceal the waste collection facility from public view.

      (3)   Dumpster enclosures shall be constructed of durable materials and maintained in good repair.

      (4)   Required screening shall be not less than six feet in height.

      (5)   Enclosures shall include an operable gate or access opening capable of fully screening the waste collection facility from public view when closed.

      (6)   Gates shall remain closed except during active loading, unloading, collection, or maintenance activities.

   (e)   Residential and small commercial containers.

      (1)   Rollout carts, refuse containers, and recycling containers shall not be stored within any public sidewalk, pedestrian pathway, alley, street, or public right-of-way except when placed for scheduled collection.

      (2)   Containers placed for collection shall be removed from the curbside and returned to their designated storage location within 24 hours following collection.

   (f)   Prohibited conditions. The following conditions are prohibited:

      (1)   Overflowing dumpsters or waste containers;

      (2)   Open, unsecured, or damaged waste containers that allow refuse or debris to escape;

      (3)   Accumulations of refuse, garbage, recyclable materials, or debris outside designated waste containers;

      (4)   Storage of waste containers in a manner that creates a nuisance, health hazard, fire hazard, or unsafe condition;

      (5)   Placement of waste containers in a manner that obstructs pedestrian access, vehicular circulation, required parking, emergency access, or visibility at intersections and driveways.

   (g)   Existing facilities. Existing refuse collection areas and waste collection facilities that do not conform to the requirements of this section may continue in their current location; however, compliance with this section shall be required upon replacement, reconstruction, relocation, expansion, or substantial modification of the waste collection facility or associated site improvements.

   (h)   Administrative authority. The city manager or designee is authorized to approve alternative screening methods, enclosure designs, or placement locations where strict compliance with this section is impracticable due to site-specific conditions, provided the alternative achieves substantially equivalent screening, safety, and maintenance objectives.

   (i)   Optional public refuse receptacles.

      (1)   Commercial establishments open to the general public may be encouraged to provide at least one refuse receptacle for customer use adjacent to or near a public entrance.

      (2)   Any refuse receptacle provided pursuant to this subsection shall be maintained in a clean and serviceable condition and emptied at intervals sufficient to prevent overflow or the accumulation of litter.

      (3)   Refuse receptacles shall not obstruct required pedestrian pathways, accessible routes, building entrances, or public rights-of-way.

      (4)   The provisions of this subsection may be amended or repealed independently without affecting the validity of the remainder of this section.

(Ord. No. 896, 7-13-2026)

   (a)   Sidewalks and pedestrian pathways shall be maintained in a manner that provides safe and unobstructed access.

   (b)   A minimum unobstructed pedestrian pathway of not less than four feet in width shall be maintained at all times.

   (c)   Planters, displays, benches, merchandise, tables, seating areas, and similar items located within or adjacent to public sidewalks shall:

      (1)   Not impede pedestrian movement;

      (2)   Be maintained in a safe and stable condition;

      (3)   Not create a hazard to public safety;

      (4)   Not obstruct accessibility requirements imposed by state or federal law.

   (d)   The city may require removal or relocation of any item determined to obstruct pedestrian movement, create a safety hazard, or interfere with maintenance of public infrastructure.

(Ord. No. 896, 7-13-2026)

   (a)   Applicability. The provisions of this section shall apply to all commercial buildings, tenant spaces, and mixed-use buildings located within the Code Enforcement Downtown Overlay that remain vacant for a period exceeding 180 consecutive days.

   (b)   General requirements. The owner of any vacant commercial building shall ensure that the building:

      (1)   Is secured against unauthorized entry;

      (2)   Is maintained in a clean, safe, and sanitary condition;

      (3)   Is maintained free of graffiti, debris accumulation, broken windows, damaged doors, or visible signs of neglect;

      (4)   Does not create a fire hazard, public nuisance, or unsafe condition;

      (5)   Remains in compliance with applicable building, fire, health, and property maintenance regulations.

   (c)   Storefront windows. Storefront windows located within a vacant commercial building shall be maintained as follows:

      (1)   Clear and unobstructed; or

      (2)   Covered with a uniform opaque or semi-opaque material approved by the city.

   (d)   Prohibited window coverings. The following materials shall not be used as long-term storefront window coverings visible from a public street, sidewalk, alley, or public right-of-way:

      (1)   Plywood;

      (2)   Cardboard;

      (3)   Plastic sheeting;

      (4)   Aluminum foil;

      (5)   Paper coverings; or

      (6)   Similar temporary materials.

   (f)   Maintenance during vacancy. Property owners shall continue to maintain:

      (1)   Exterior walls;

      (2)   Roof systems;

      (3)   Doors and windows;

      (4)   Awnings and canopies;

      (5)   Sidewalks and pedestrian areas;

      (6)   Refuse collection areas;

      (7)   Landscaping and exterior improvements.

   (h)   Existing occupancy efforts. Nothing contained herein shall require a property owner to lease, sell, or occupy a vacant building; however, the owner shall remain responsible for compliance with this section.

(Ord. No. 896, 7-13-2026)

   (a)   The provisions of this division shall be administered and enforced by the city's code compliance officer, building official, city manager, or other authorized representatives of the city.

   (b)   Whenever an authorized official determines that a violation of this division exists, the city may issue written notice to the property owner, tenant, occupant, business operator, or other responsible party describing the nature of the violation and providing a reasonable period for corrective action.

   (c)   Continued noncompliance may result in the issuance of a citation for violation of this Code, requiring appearance before the municipal court of the City of Madisonville.

   (d)   Nothing in this section shall prohibit the city from exercising any additional authority or remedy expressly authorized by state law or other provisions of this Code when necessary to protect the public health, safety, or welfare.

(Ord. No. 896, 7-13-2026)

   Any person, firm, corporation, partnership, association, business entity, property owner, tenant, occupant, or other responsible party violating any provision of this division may be subject to a citation for violation.

(Ord. No. 896, § 1, 7-13-2026)