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Madisonville City Zoning Code

ARTICLE XXIV

SPECIAL AND SUPPLEMENTARY REGULATIONS

Sec. 46-734. Accessory structures.

   (a)   In an ES, SF, MF, or MH district, an accessory structure or use is a subordinate or incidental structure, attached to or detached from the main structure without separate kitchen facilities, not used for commercial purposes and not rented. Accessory uses permitted in residential districts include:
      (1)   Storage or work sheds and gazebos;
      (2)   Detached garages;
      (3)   One antenna (amateur radio, CB radio, or television reception) and/or one satellite dish located in the rear yard only or on the roof (only one satellite dish per residential lot) including any tower or other supporting structure; and
      (4)   Private open space or other recreational amenities operated by a homeowners' association.
   (b)   In other districts, an accessory structure is a subordinate structure, the use of which is incidental and is permitted when used only in conjunction with the main structure.
   (c)   Accessory uses prohibited in public rights-of-way of all zoning districts are as follows:
      (1)   Fences;
      (2)   Basketball goals including those of which are portable; and
      (3)   All other objects with the exception of infrastructure or facilities owned by a utility company, governmental signs or utilities, mailboxes, and projecting signs within the Downtown District (DT), and in all other zoning districts where attached to a legally nonconforming building, lawfully constructed on the property line immediately adjacent to the public right-of-way. For the use of this article, the term "projecting signs" means the following: a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Any accessory use, including projecting signs, within a state department of transportation (TxDOT) right-of-way must also obtain permission from that authority.
   (d)   The combined square footage for accessory structures on a single property shall be limited in size, providing the following:
      (1)   725 square feet maximum when placed on a lot less than 7,001 square feet;
      (2)   1,025 square feet maximum when placed on a lot between 7,001 square feet and one acre;
      (3)   1,500 square feet maximum when placed on a lot greater than one acre; or
      (4)   1,501 feet and greater will require a conditional use permit.
   (e)   Accessory structures must be designed and constructed so that they are in keeping with the general architecture of the main structure, and may not exceed the height of the main structure.
(Code 2014, § 46-734; Ord. No. 629, § 01.24.001, 12-1-2006)

Sec. 46-735. Accessory dwelling units.

Accessory dwelling units may be allowed by conditional use permit as an incidental residential use of a structure on the same lot as the main dwelling unit and used by the same persons of the immediate family, or staff employed on the premises, and meet the following standards:
      (1)   Accessory dwelling units must be designed and constructed so that they are in keeping with the general architecture and building material of the main structure;
      (2)   Manufactured homes are not permitted as accessory dwellings;
      (3)   The accessory dwelling unit must be constructed to the rear of the main dwelling, separate from that upon which the main dwelling is constructed;
      (4)   The accessory dwelling unit may be constructed only with the issuance of a building permit;
      (5)   The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be rented or leased and may not be issued utility meters separate from the main structure;
      (6)   The square footage of the accessory dwelling unit cannot exceed 1,000 square feet, nor be less than 400 square feet; and
      (7)   A minimum of one additional parking space shall be provided for each accessory dwelling unit located on the premises.
(Code 2014, § 46-735; Ord. No. 629, § 01.24.002, 12-1-2006)

Sec. 46-736. Special height limitations.

The height limitations specified by this chapter and in building setbacks and lot standards do not apply to cooling towers, chimneys, vent stacks, water standpipes and tanks, steeples, spires, belfries, cupolas, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
(Code 2014, § 46-736; Ord. No. 629, § 01.24.003, 12-1-2006)

Sec. 46-737. Modular buildings.

Modular buildings are allowed in any zoning district, providing the following requirements are met:
      (1)   The building meets or exceeds all building code requirements that apply to other buildings concerning on-site construction;
      (2)   The building conforms to all applicable zoning standards for the respective zoning district;
      (3)   The building is affixed to a permanent concrete slab or grade beam foundation;
      (4)   The building is skirted with matching weatherized material if any space is exposed between the structure and the slab or ground; and
      (5)   The chief building official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits and the compliance with the Texas Industrialized Housing and Buildings Act (V.T.C.A., Occupations Code ch. 1202).
(Code 2014, § 46-737; Ord. No. 629, § 01.24.004, 12-1-2006)

Sec. 46-738. Visibility at intersections in all districts.

In any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner to impair a vehicle driver's vision at intersections (streets, alleys, and driveways), within a triangle defined by the requirements of the American Association of State Highway and Transportation Officials.
(Code 2014, § 46-738; Ord. No. 629, § 01.24.005, 12-1-2006)

Sec. 46-739. Patio home requirements.

   (a)   All patio home developments shall have a direct access street to at least one dedicated and accessible public street having a right-of-way width of not less than 50 feet.
   (b)   Alleys, where used, shall have a minimum right-of-way of 20 feet and shall be developed with concrete pavement.
   (c)   Utilities shall be provided for each dwelling unit on an individual basis.
   (d)   Standard fire hydrants shall be installed as part of the water distribution system per specifications of the state department of insurance and in accordance with accepted standards of construction.
   (e)   Any developer whose property has a common maintenance or ownership agreement shall be required to file all covenants and declarations governing those agreements at the time of platting. The final plat shall reflect the volume and page reference of such covenants and declarations filed.
(Code 2014, § 46-739; Ord. No. 629, § 01.24.006, 12-1-2006)

Sec. 46-740. Townhouse requirements.

   (a)   All townhouse subdivisions shall have a direct access street to at least one dedicated and accessible public street having a right-of-way width of not less than 50 feet.
   (b)   Alleys, where used, shall have a minimum right-of-way of 20 feet and shall be developed with a concrete pavement.
   (c)   Utilities shall be provided for each dwelling unit on an individual basis.
   (d)   Standard fire hydrants shall be installed as part of the water distribution system per specifications of the state department of insurance and in accordance with accepted standards of construction.
   (e)   Any townhouse developer whose development has a common maintenance or ownership agreement shall be required to file all covenants and declarations governing those agreements at the time of platting. The final plat shall reflect the volume and page reference of such covenants and declarations filing.
   (f)   Townhouse groupings shall not exceed a length of more than 300 feet for any one group.
(Code 2014, § 46-740; Ord. No. 629, § 01.24.007, 12-1-2006)

Sec. 46-741. Duplex requirements.

Duplex units shall conform to the requirements for detached dwelling unit residential development as specified in each district.
(Code 2014, § 46-741; Ord. No. 629, § 01.24.008, 12-1-2006)

Sec. 46-742. Neighborhood services.

   (a)   It is the intent of this chapter to preserve existing establishments that serve a small neighborhood area and to protect the surrounding residential land use from the adverse impacts of a nonresidential land use. Neighborhood service establishments requesting a conditional use permit shall provide a site plan in accordance with section 46-706. Neighborhood services shall be limited to the following uses:
      (1)   Grocery store;
      (2)   Laundromat (self-service laundry, washateria);
      (3)   Dry-cleaning drop-off (no on-site dry-cleaning);
      (4)   Beauty shop or barbershop; or
      (5)   Automated teller machine.
   (b)   Neighborhood services may be connected to or separate from a residential use located on the same lot or parcel. Such establishments shall:
      (1)   Be limited in gross floor area to 5,000 square feet (business only);
      (2)   Not include fuel sales or other fuel dispensing or storage operations;
      (3)   Have no liquor sales; and
      (4)   Be permitted beer and wine sales for off-premises consumption only.
(Code 2014, § 46-742; Ord. No. 629, § 01.24.009, 12-1-2006)

Sec. 46-743. Construction standards.

Structures, with foundations constructed after the effective date of the ordinance from which this chapter is derived, that allow areas for crawl space, are required to have skirting or permanent enclosures. Skirting, when installed, shall be of material suitable for exterior exposure and contact with the ground. Permanent perimeter enclosures shall be constructed of materials as required by the adopted building code for regular foundation construction. Skirting will be constructed of fire resistant material. Skirting shall be installed in accordance with the skirting manufacturer's installation instructions. Skirting shall be adequately secured to ensure stability, to minimize vibration and susceptibility to wind damage and to compensate for possible frost heave. Skirting shall follow all FEMA regulations regarding materials and construction in special flood hazard areas.
(Code 2014, § 46-743; Ord. No. 629, § 01.24.010, 12-1-2006)