12.1
The City
of Kaufman, Texas is hereby divided into the following zoning districts.
The use, height and area regulations as set out herein apply to each
district. The districts established herein shall be known as:
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
Base Districts
|
|
|
A-O
|
Agriculture/Open
|
|
SF-20
|
Single-Family Estate Residential-20 (minimum 20,000 square-foot
lots)
|
|
SF-10
|
Single-Family Residential-10 (minimum 10,000 square-foot lots)
|
|
SF-8
|
Single-Family Residential-8 (minimum 8,000 square-foot lots)
|
|
SF-6
|
Single-Family Residential-6 (minimum 6,000 square-foot lots)
|
|
TH
|
Townhouse Residential (Patio Homes, Single-Family Attached,
Two-Family or Garden Homes)
|
|
MF-1
|
Multi-Family Residential-1 (triplex and quadriplex homes)
|
|
MF-2
|
Multi-Family Residential-2 (apartments)
|
|
MH
|
Manufactured Home
|
|
O
|
Office
|
|
LR
|
Local (Neighborhood) Retail
|
|
R
|
Retail (General)
|
|
CBD
|
Central Business District
|
|
C
|
Commercial
|
|
LI
|
Light Industrial
|
|
HC
|
Highway Commercial
|
|
Overlay Districts
|
|
|
PD
|
Planned Development
|
|
SUP
|
Specific Use Permit
|
|
WSC
|
Washington Street Corridor
|
12.2
A summary
of the area regulations for the following zoning districts is included
in Table 12-1 of this Section.
12.3
Certain
terms and definitions used within this Ordinance can be found in Section
33.5-Definitions
|
TABLE 12-1 SUMMARY OF ZONING DISTRICT REGULATIONS
|
|
City of Kaufman, Texas
|
|
This is a chart for general comparison purposes only and is
incomplete. For complete requirements see the body of the Zoning Ordinance.
|
|
District
|
Minimum Lot Area
|
Minimum Dwelling Unit Size
|
Minimum Lot Width
|
Minimum Lot Depth
|
Minimum Front Yard
|
Minimum Rear Yard*
|
Minimum Side Yard*
|
Max. Height of Building
|
Maximum Lot Coverage
|
|---|---|---|---|---|---|---|---|---|---|
|
A-O
|
3 Acres
|
2,000 Sq. Ft.
|
150 Ft.
|
200 Ft.
|
50 Ft.
|
30 Ft.
|
10% of lot width up to 30 Ft.
|
30 Ft.
|
20% Main 30% w/Acc Bldgs.
|
|
SF-20
|
20,000 Sq. Ft.
|
2,000 Sq. Ft.
|
100 Ft.
|
150 Ft.
|
40 Ft.
|
30 Ft.
|
15 Ft.
|
30 Ft.
|
20%/30%
|
|
SF-10
|
10,000 Sq. Ft.
|
2,000 Sq. Ft.
|
80 Ft.
|
125 Ft.
|
35 Ft.
|
30 Ft.
|
12 Ft.
|
30 Ft.
|
20%/30%
|
|
SF-8
|
8,000 Sq. Ft.
|
1,600 Sq. Ft.
|
70 Ft.
|
110 Ft.
|
30 Ft.
|
25 Ft.
|
8 Ft.
|
30 Ft.
|
35%
|
|
SF-6
|
6,000 Sq. Ft.
|
1,200 Sq. Ft.
|
60 Ft.
|
100 Ft.
|
25 Ft.
|
25 Ft.
|
6 Ft.
|
30 Ft.
|
35%
|
|
TH (PH, SFA, 2F)
|
PH- 4,500 sf
SFA - 3,000 sf
2F - 3,500 sf
|
1,000 Sq. Ft.
|
PH - 45'
SFA - 30'
2F - 35'
|
100 Ft.
|
25 Ft.
|
15 Ft.
|
PH - 0-10'
SFA - 5'
2F - 5'
|
30 Ft.
|
50%
|
|
MF-1
|
9,000 Sq. Ft/lot
3,000 Sq. Ft./ Unit
|
550sf-Effic'y.
600sf-1 B.R.
800sf-2 B.R.
1,000sf-3 B.R.
|
90 Ft.
|
100 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
2.5 stories/30 Ft.
|
50% Max. - 12 D.U./acre
|
|
MF-2
|
1 Acre/lot
1,800 Sq. Ft./Unit
|
550sf-Effic'y.
600sf-1 B.R.
800sf-2 B.R.
1,000sf-3 B.R.
|
100 Ft.
|
125 Ft.
|
30 Ft.
|
20 Ft.
|
15 Ft.
|
3 stories/45 Ft.
|
50% Max. - 24 D.U./acre
|
|
MH
|
Min. - 3 Acres
Max. - 35 Acres
4,500 Sq. Ft./Lot
|
1,000 Sq. Ft.
|
45 Ft.
|
100 Ft.
|
25 Ft./15 Ft.
|
10 Ft./20 Ft. between Districts
|
10 Ft./20 Ft. between units
|
30 Ft.
|
50%
|
|
O
|
6,000 Sq. Ft.
|
N/A
|
60 Ft.
|
100 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
4 stories/50 Ft.
|
50%
|
|
LR
|
6,000 Sq. Ft.
Max. - 3 Acres
|
N/A
|
60 Ft.
|
100 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
2.5 stories/30 Ft.
|
40%
|
|
R
|
10,000 Sq. Ft.
|
N/A
|
100 Ft.
|
100 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
3 stories/45 Ft.
|
40%
|
|
CBD
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
3 stories/45 Ft.
|
N/A
|
|
C
|
10,000 Sq. Ft.
|
N/A
|
100 Ft.
|
100 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
3 stories/45 Ft.
|
50%
|
|
LI
|
20,000 Sq. Ft.
|
N/A
|
100 Ft.
|
150 Ft.
|
25 Ft.
|
20 Ft.
|
15 Ft.
|
2.5 stories/30 Ft.
|
65%
|
|
HC
|
20,000 Sq. Ft.
|
N/A
|
100 Ft.
|
200 Ft.
|
50 Ft.
|
25 Ft.
|
25 Ft.
|
8 stories/100 Ft.
|
50%
|
|
WSC
|
10,000 Sq. Ft.
|
N/A
|
75 Ft.
|
100 Ft.
|
25 Ft.
|
0-15 Ft.
|
0-15 Ft.
|
3 stories/45 Ft.
|
50%
|
|
Note: See text of the Ordinance for additional or supplemental
requirements.
|
|
*Additional setback distance is required when adjacent to a
street, another district, etc.
|
|
FIGURE 12.1
 |
|
FIGURE 12.2
 |
(Ordinance O-02-07 adopted 3/19/07)
13.1
GENERAL
PURPOSE AND DESCRIPTION:
The Agriculture/Open (A-O) District is designed to permit the
use of land for the propagation and cultivation of crops and similar
uses of vacant land. Single-family uses on large lots are also appropriate
for this district. Territory that has been newly annexed into the
City is given the A-O classification until it is assigned another
more permanent zoning district.
13.2
PERMITTED
USES:
A.
2.
Single-family
detached dwelling.
3.
Farms, barns, nurseries, greenhouses or gardens on parcels three (3) acres or larger, limited to the propagation and cultivation of plants, provided no retail business is conducted on the premises except as provided under home occupation (Section 33.5, Definitions) and except as may be permitted with a SUP.
4.
Municipally-owned
facilities and uses.
5.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business except as provided herein:
a.
Accessory buildings, including a private garage, shall not occupy more than fifty (50%) percent of the minimum required rear yard. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. Barns designed to house large animals must be located a minimum of 100 feet from any residential structure and 100 feet from any adjacent property line. See Section 37 for additional accessory use requirements.
b.
A detached
private garage used in conjunction with the main building.
d.
Detached
garages with living quarters (i.e., garage/accessory dwelling), detached
servants (i.e., caretaker's) quarters (with a garage), or other accessory
buildings such as barns, sheds, and other structures are permitted.
Detached servants quarters without a garage may be permitted only
by SUP, and are required to be on a lot three (3) acres or larger.
No such accessory building or quarters shall be used or occupied as
a place of abode or dwelling by anyone other than a bona fide caretaker,
servant or farm worker actually and regularly employed by the land
owner or occupant of the main building, or is a guest or family member
of the owner/occupant. Only one (1) accessory dwelling unit (i.e.,
garage/accessory dwelling, servants/caretakers quarters, etc.) shall
be allowed on any lot within the A-O district, and they shall be clearly
incidental to the primary use (i.e., single-family detached residential).
These accessory living structures shall not, in any case, be leased
or sold.
e.
Private
open space or other private recreational amenities as part of a residential
subdivision and not for commercial purposes.
6.
Swimming
Pool (private).
7.
Utilities
(public).
13.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Fifty feet (50')
2.
Minimum
Side Yard - Ten (10%) percent of the lot width but need not exceed
thirty feet (30'); twenty-five feet (25') from a street right-of-way
for a corner lot.
3.
Minimum
Rear Yard - Thirty feet (30') for the main building.
4.
Accessory
Buildings - To be located behind the front building line with a minimum
of ten feet (10') separation between main building and accessory structure
and a minimum of three feet (3') from any side or rear property line.
Detached garages are to be located at least ten feet (10') from the
main building and behind the front building line with a minimum of
twenty (20') feet from the door face of the garage to the edge of
pavement from any public roadway or alley and a minimum of three feet
(3') from side or rear property lines. Detached garages with accessory
dwelling units shall be located a minimum of ten feet (10') from any
property line.
C.
Maximum
Lot Coverage:
Twenty percent (20%) by main buildings;
not to exceed thirty percent (30%) total impervious area including
accessory buildings, driveways and parking areas.
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand (2,000) square
feet.
13.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
C.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, garden materials, etc.).
D.
Single-family
homes with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty-five feet
(25') from the door face of the garage to the side property line for
maneuvering.
E.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
14.1
GENERAL
PURPOSE AND DESCRIPTION:
The Single-Family Estate Residential-20 (SF-20) District is
intended to provide for development of primarily detached, single-family
residences on lots of not less than twenty thousand (20,000) square
feet.
14.2
PERMITTED
USES:
A.
2.
Single-family
detached dwellings.
3.
Municipally-owned
facilities and uses (no open storage or repair).
4.
Real estate
sales offices during the development of residential subdivisions in
which the office is located until ninety-five (95%) percent of the
building permits of the platted lots in the subdivision are issued.
Site plan review and approval by the Director, or his designee, is
required for both permanent (e.g., model home used as a sales office)
and non-permanent (e.g., trailer or movable building unit) structures
to be used as real estate sales offices (issuance of a temporary structure
permit by the City is also required for non-permanent structures).
The City may, at its option, establish additional rules and procedures
for permanent and/or non-permanent structures to be used as real estate
sales offices in residential zoning districts. Adherence to such rules
and procedures, if established by the City, shall be the responsibility
of the applicant and shall be required as part of a proposed zoning
change and/or development application.
5.
Temporary
field or construction office for uses incidental to construction work
on the premises, which said buildings shall be removed upon the completion
or abandonment of construction work or by order of the Director, or
his designee. The specific time period allowed shall be specified
by the Director, or his designee, upon issuance of a temporary structure
permit, and site plan review and approval by the Director, or his
designee, is also required. The allowed time period may be extended
for an additional one (1) year period upon approval of an extension
by the Director, or his designee.
6.
Accessory
buildings and uses, customarily incidental to residential uses and
located on the same lot therewith, but not involving the conduct of
a retail business except as provided herein:
a.
Accessory buildings, including a private garage, shall not occupy more than fifty (50%) percent of the minimum required rear yard. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. See Section 37 for additional accessory use requirements.
b.
A detached
private garage used in conjunction with the main building.
d.
Detached
garages with living quarters (i.e., garage/accessory dwelling), detached
servants (i.e., caretaker's) quarters (with a garage), or other accessory
buildings such as barns, sheds, and other structures are permitted.
Detached servants quarters without a garage may be permitted only
by SUP, and are required to be on a lot three (3) acres or larger.
No such accessory building or quarters shall be used or occupied as
a place of abode or dwelling by anyone other than a bona fide caretaker,
servant or farm worker actually and regularly employed by the land
owner or occupant of the main building, or is a guest or family member
of the owner/occupant. Only one (1) accessory dwelling unit (i.e.,
garage/accessory dwelling, servants/caretakers quarters, etc.) shall
be allowed on any lot within the SF-20 district, and they shall be
clearly incidental to the primary use (i.e., single-family detached
residential). These accessory living structures shall not, in any
case, be leased or sold.
e.
Private
open space or other private recreational amenities as part of a residential
subdivision and not for commercial purposes.
7.
Swimming
Pool (private). Swimming pools shall be enclosed by a security fence
not less than four feet (4') in height. All swimming pool security
fences shall be constructed so as not to have openings, holes or gaps
larger than (2") inches in dimension, except for doors and gates.
All doors and gates shall be equipped with self-closing, self-latching
devices.
8.
Utilities
(public).
14.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Forty feet (40')
2.
Minimum
Side Yard - Fifteen feet (15'); twenty feet (20') on corner lots adjacent
to a street
3.
Minimum
Rear Yard - Thirty feet (30') for the main building.
4.
Accessory
Buildings - To be located behind the front building line with a minimum
of ten feet (10') separation between main building and accessory structure
and a minimum of three feet (3') from any side or rear property line.
Detached garages are to be located at least ten feet (10') from the
main building and behind the front building line with a minimum of
twenty feet (20') from the door face of the garage to the edge of
pavement from any public roadway or alley and a minimum of three feet
(3') from side or rear property lines. Detached garages with accessory
dwelling units shall be located a minimum of ten feet (10') from any
property line.
C.
Maximum
Lot Coverage:
Twenty percent (20%) by main buildings;
not to exceed thirty percent (30%) total impervious area including
accessory buildings, driveways and parking areas.
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand (2,000) square
feet
14.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
C.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, gardening materials, etc.).
D.
Single-family
homes with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty-five feet
(25') from the door face of the garage to the side property line for
maneuvering.
E.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
15.1
GENERAL
PURPOSE AND DESCRIPTION:
The Single-Family Residential-10 (SF-10) District is intended
to provide for development of primarily detached, single-family residences
on lots of not less than ten thousand (10,000) square feet.
15.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Thirty-five feet (35')
2.
Minimum
Side Yard - Twelve feet (12'); fifteen feet (15') on corner lots adjacent
to a street except a key lot which will be the same as the front yard
setback.
3.
Minimum
Rear Yard - Thirty feet (30') for the main building.
4.
Accessory
Buildings - To be located behind the front building line with a minimum
of ten feet (10') separation between main building and accessory structure
and a minimum of three feet (3') from any side or rear property line.
Detached garages are to be located at least ten feet (10') from the
main building and behind the front building line with a minimum of
twenty feet (20') from the door face of the garage to the edge of
pavement from any public roadway or alley and a minimum of three feet
(3') from side or rear property lines. Detached garages with accessory
dwelling units shall be located a minimum of ten feet (10') from any
property line.
C.
Maximum
Lot Coverage:
Twenty-five percent (25%) by main buildings;
not to exceed thirty-five percent (35%) total impervious area including
accessory buildings, driveways and parking areas.
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand (2,000) square
feet.
15.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
C.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, gardening materials, etc.).
D.
Single-family
homes with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty-five feet
(25') from the door face of the garage to the side property line for
maneuvering.
E.
Swimming
pools shall be enclosed by a security fence not less than feet (4')
in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
16.1
GENERAL
PURPOSE AND DESCRIPTION:
The Single-Family Residential-8 (SF-8) District is designed
to provide for development of primarily detached single-family residences
on smaller and more compact lots or parcels of land not less than
eight thousand (8,000) square feet.
16.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Thirty feet (30')
2.
Minimum
Side Yard - Eight feet (8') required; fifteen feet (15') on corner
lots adjacent to a street except key lots which will be the same as
the front yard setback.
3.
Minimum
Rear Yard - Twenty-five feet (25') for the main building.
4.
Accessory
Buildings - To be located behind the front building line with a minimum
of ten feet (10') separation between main building and accessory structure
and a minimum of three feet (3') from any side or rear property line.
Detached garages are to be located at least ten feet (10') from the
main building and behind the front building line with a minimum of
twenty feet (20') from the door face of the garage to the edge of
pavement from any public roadway or alley and a minimum of three feet
(3') from side or rear property lines. Detached garages with accessory
dwelling units shall be located a minimum of ten feet (10') from any
property line.
C.
Maximum
Lot Coverage:
Twenty-five percent (25%) by main buildings;
not to exceed thirty-five percent (35%) total impervious area including
accessory buildings, driveways and parking areas.
E.
Minimum
Floor Area per Dwelling Unit -
One thousand six hundred
(1,600) square feet.
16.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
C.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, gardening materials, etc.).
D.
Single-family
homes with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty five feet
(25') from the door face of the garage to the side property line for
maneuvering.
E.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
17.1
GENERAL
PURPOSE AND DESCRIPTION:
The Single-Family Residential-6 (SF-6) District is designed
to provide for development of primarily detached single-family residences
on smaller and more compact lots or parcels of land not less than
six thousand (6,000) square feet.
17.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Six feet (6') required; fifteen feet (15') on corner lots
adjacent to a street
3.
Minimum
Rear Yard - Twenty-five feet (25') for the main building.
4.
Accessory
Buildings - To be located behind the front building line with a minimum
of ten feet (10') separation between main building and accessory structure
and a minimum of three feet (3') from any side or rear property line.
Detached garages are to be located at least ten feet (10') from the
main building and behind the front building line with a minimum of
twenty feet (20') from the door face of the garage to the edge of
pavement from any public roadway or alley and a minimum of three feet
(3') from side or rear property lines. Detached garages with accessory
dwelling units shall be located a minimum of ten feet (10') from any
property line.
C.
Maximum
Lot Coverage:
Thirty-five percent (35%) by main buildings;
not to exceed forty-five percent (45%) total impervious area including
accessory buildings, driveways and parking areas.
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
a.
Lots
platted prior to May 13, 2002 shall have a minimum of two (2) parking
spaces, one (1) of which shall be covered or enclosed, both of which
shall be located on the same lot as the main structure and with the
curb cut and driveway to match the full width sixteen feet (16') minimum)
for two (2) vehicles.
b.
Lots
platted after May 13, 2002 shall have a minimum of two (2) enclosed
parking spaces, behind the front building line and on the same lot
as the main structure.
E.
Minimum
Floor Area per Dwelling Unit -
One thousand two hundred
(1,200) square feet
17.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
C.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, gardening materials, etc.).
D.
Single-family
homes with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty five feet
(25') from the door face of the garage or carport to the side property
line for maneuvering.
E.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
18.1
GENERAL
PURPOSE AND DESCRIPTION:
The Townhouse Residential (TH) District is designed to provide
for flexible development of primarily attached single-family residences
or zero-lot-line homes in order to preserve open space or natural
areas on more compact lots (clustering) that produce environmentally
and pedestrian friendly communities that are based on "Smart Growth"
principles. Townhome developments shall be arranged in a clustered
lot pattern with a common usable open space system that is an integral
part of the development or having large yards resembling single-family
detached neighborhoods.
18.4
AREA
REGULATIONS:
Note: Garden Homes by definition are clustered housing with
common courtyards, private drives and open spaces with little or no
private yards in which standard area regulations do not necessarily
apply. These type homes are based on sound "Smart Growth" principles
and area regulations may be adjusted according to the degree in which
open space is preserved on a case by case basis. Waivers of the following
area requirements will be considered by the City Council during preliminary
plat review when adequate supporting documents are provided depicting
the entire scope of the project.
A.
Size of
Lots:
1.
Minimum
Lot Area -
|
Patio Home (Zero-Lot-Line)
|
4,500 sq. ft.
|
|
5,000 sq. ft. corner lot w/zero lot line
| |
|
6,000 sq. ft. corner lot w/o zero lot line (same as SF-6)
| |
|
Single Family Attached (Townhome)
|
3,000 sq. ft. interior unit w/o side yard
|
|
3,500 sq. ft. exterior unit w/ side yard
| |
|
4,500 sq. ft. corner lot
| |
|
Two-Family (Duplex)
|
3,500 sq. ft. per dwelling unit
|
|
4,500 sq. ft. if unit is on corner lot
|
2.
Minimum
Lot Width - Thirty feet (30'); Thirty-Five feet (35'); Forty-Five
feet (45'); Fifty feet (50'); or sixty feet (60') respectively
3.
Minimum
Lot Depth - One hundred feet (100')
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Patio Homes - One (1) side yard reduced to zero feet (0');
other side yard a minimum of ten feet (10') required with fifteen
feet (15') required on corner lots adjacent to a street; Townhomes
and Duplexes - a side yard minimum of five (5') feet on exterior units
to create a minimum of ten (10') feet between buildings, fifteen feet
(15') on corner lots adjacent to a street.
3.
Minimum Rear Yard - Fifteen feet (15') for the main building; twenty feet (20') from a garage to an alley; ten feet (10') from a main building to an accessory building. Accessory buildings (other than garages) maybe placed three feet (3') from rear or side property line. (See Section 37 for additional accessory building requirements)
C.
Maximum
Lot Coverage:
Forty percent (40%) by main buildings;
not to exceed fifty percent (50%) total impervious area including
accessory buildings, driveways and parking areas.
D.
Parking
Regulations:
1.
Each Dwelling
Unit - A minimum of two (2) parking spaces one of which must be enclosed
and placed behind the front building line and on the same lot as the
main structure. Carports are only allowed in lieu of an enclosed garage
on in-fill lots in which existing neighboring homes were predominantly
constructed without garages.
E.
Minimum
Floor Area per Dwelling Unit -
One Thousand (1,000) square
feet.
18.5
SPECIAL
REQUIREMENTS:
A.
On zero-lot-line
Patio Homes a minimum six foot (6') wide maintenance easement shall
be placed on the adjacent lot (i.e., the other side of the zero-lot-line)
to enable the property owner to maintain that portion of his house
which is on the zero-lot-line. Side yards and maintenance easements
shall be shown on the subdivision plat. A minimum separation between
patio homes of ten feet (10') shall be provided. Roof overhangs will
be allowed to project into the maintenance easement a maximum of twenty-four
(24") inches.
B.
Maintenance
Requirements for Common Areas -
A property owners association
is required for continued maintenance of common land, open space and/or
facilities.
C.
Usable Open
Space Requirements -
Except as provided below, any townhouse
subdivision shall provide useable open space (not flood plain) which
equals or exceeds ten (10%) percent of the gross platted area, rights-of-way
for collector and larger sized streets. Useable open space shall not
be required for a development if it contains forty (40) or fewer lots
or dwelling units, and if the property contiguous (i.e., abutting
or separated only by a residential or collector size street) to the
subdivision is either developed for use(s) other than patio homes
or is restricted by zoning to not permit patio home development. Properties
that are separated by thoroughfares larger than a collector street
and/or by drainage/utility easements in excess of sixty feet (60')
in width shall not be considered as contiguous. All developments with
more than forty (40) dwelling units will provide useable open space
at the rate of 500 square feet per unit with a minimum of 20,000 square
feet.
D.
Specific
Criteria for Usable Open Space -
Areas provided as usable
open space shall meet the following criteria:
1.
All Townhome
residential lots must be located within six hundred feet (600') of
a usable open space area as measured along a street. The Planning
and Zoning Commission may increase this distance to one thousand two
hundred feet (1,200') if the shape of the subdivision is irregular
or if existing trees/vegetation on the site can be preserved by increasing
the distance.
2.
Individual
usable open space areas shall be at least twenty thousand (20,000)
square feet in size. Useable open space must be a minimum of fifty
feet (50') wide, and must have no slope greater than ten (10%) percent.
At the time of site plan and/or subdivision plat approval, the Planning
and Zoning Commission or City Council may give full or partial credit
for open areas that exceed the 10% maximum slope if it is determined
that such areas are environmentally or aesthetically significant and
that their existence enhances the development and/or the surrounding
area.
3.
Pools,
tennis courts, walkways, patios and similar outdoor amenities may
be located within areas designated as useable open space. Areas occupied
by enclosed buildings (except for gazebos and pavilions), driveways,
parking lots, overhead electrical transmission lines, drainage channels
and antennas may not be included in calculating useable open space.
4.
Within
useable open space areas, there shall be at least one (1) tree for
every one thousand (1,000) square feet of space. New trees planted
to meet this requirement shall be a minimum three-inch (3") caliper.
5.
A useable
open space area must have at least 250 feet of street frontage to
ensure that the area is accessible to residents of the subdivision.
6.
Useable
open space areas must be easily viewed from adjacent streets and homes.
E.
Credit for
Off-Site Open Space -
At the time of site plan and/or
subdivision plat approval, the Planning and Zoning Commission or City
Council may allow up to one-third (1/3) of the required open space
to be credited for off-site dedicated open space (e.g., park land)
that meets the development's needs in terms of adjacency, accessibility,
usability, and design integration. The granting of any off-site credit
for open space is a discretionary power of the Planning and Zoning
Commission and/or City Council. The guidelines below may assist in
considering if credit is appropriate:
1.
Adjacency
- Is at least fifteen (15%) percent of the townhouse district development's
boundary adjacent to park land?
2.
Accessibility
- Are there defined pedestrian connections between the development
and the park land?
3.
Usability
- Is the park land immediately adjacent to the development suitable
for use by residents?
4.
Design
Integration - Does the design of the development provide a significant
visual and pedestrian connection to the park land?
F.
Landscaped
Areas -
Additional common open space and landscaped areas
that do not qualify as usable open space may be provided, but shall
not be counted toward the usable open space requirement.
G.
The elimination
of a garage space by enclosing the garage with a stationary building
wall shall be prohibited.
H.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
I.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on three (3) or more acres.
J.
Open storage
is prohibited (except for materials for the resident's personal use
or consumption such as firewood, gardening materials, etc.).
K.
Dwelling
units with side entry garages where lot frontage is only to one (1)
street (not a corner lot) shall have a minimum of twenty five feet
(25') from the door face of the garage or carport to the side property
line for maneuvering.
L.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
(Ordinance O-02-07 adopted 3/19/07)
19.1
GENERAL
PURPOSE AND DESCRIPTION:
The Multi-Family Residential-1 (MF-1) District is an attached
residential district on a single lot intended to provide a residential
density of not more than twelve (12) dwelling units per acre. The
principal permitted land uses will include low-rise, three- to six-unit
modules of multi-family dwelling units. Recreational, religious, health
and educational uses normally located to service residential areas
are also permitted in this district. This district should be located
adjacent to a major thoroughfare and serve as a buffer between retail/commercial
development or heavy automobile traffic and medium or low density
residential development.
19.2
PERMITTED
USES:
A.
2.
Multi-family
dwelling greater than two (2) units per building, but not more than
four (4) units per building.
3.
Municipally-owned
facilities and uses.
4.
Leasing
offices for the complex.
5.
Temporary
field or construction office for uses incidental to construction work
on the premises, which said buildings shall be removed upon the completion
or abandonment of construction work or by order of the Director, or
his designee. The specific time period allowed shall be specified
by the Director, or his designee, upon issuance of a temporary structure
permit, and site plan review and approval by the Director, or his
designee, is also required. The allowed time period may be extended
for an additional one (1) year period upon approval of an extension
by the Director, or his designee.
6.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business except as provided herein:
7.
Swimming
Pool (private). Swimming pools shall be enclosed by a security fence
not less than four feet (4') in height. All swimming pool security
fences shall be constructed so as not to have openings, holes or gaps
larger than two (2") inches in dimension, except for doors and gates.
All doors and gates shall be equipped with self-closing, self-latching
devices.
8.
Common
open space, community center, recreational building, and other facilities
or amenities, provided they are for use by the residents and guests
of the multi-family complex.
19.4
AREA
REGULATIONS:
A.
Size of
Lots:
1.
Minimum
Lot Area - Three thousand (3,000) square feet per dwelling unit, not
to exceed twelve (12) dwelling units per acre (calculated on gross
acreage). The minimum lot size shall be nine thousand (9,000) square
feet.
2.
Minimum
Lot Width - Ninety feet (90')
3.
Minimum
Lot Depth - One hundred feet (100')
4.
Maximum
Number of Units - No more than four (4) units per building.
B.
C.
Minimum
Floor Area per Dwelling Unit:
1.
Efficiency
unit - Five hundred fifty (550) square feet per unit.
2.
One (1)
bedroom unit - Six hundred (600) square feet per unit.
3.
Two (2)
or more bedroom unit - Eight hundred (800) square feet for the first
two (2) bedrooms, plus an additional two hundred (200) square feet
for every bedroom over two (2) (e.g., three-bedroom unit must have
1,000 square feet, etc.).
D.
Maximum
Lot Coverage:
Not to exceed fifty percent (50%) total
impervious area including main buildings, accessory buildings, driveways
and parking areas.
E.
Parking
Regulations:
1.
1.75 spaces
for each efficiency or 1 bedroom unit
2.
2 spaces
for each 2 bedroom unit
3.
2.5 spaces
for each 3 bedroom unit
4.
3 spaces
for each 4 or more bedroom unit
5.
All parking
areas adjacent to public streets shall be screened from view. Screening
may be in the form of live plant materials, berms or brick/masonry
walls.
19.5
REFUSE
FACILITIES:
A.
Every multi-family
dwelling unit shall be located within one hundred feet (100') of a
refuse facility; measured along the designated pedestrian and vehicular
travel way. A refuse facility shall be a dumpster or other similar
receptacle designed for receiving garbage in bulk for more than one
(1) dwelling. Refuse dumpsters shall be no closer than thirty feet
(30') to any adjacent single-family property.
B.
Each refuse
facility shall be screened from view on three (3) sides (gate on fourth
side is optional) from persons standing at ground level on the site
or immediately adjoining property, by a solid screening device constructed
of materials approved by the Director, or his designee, and not less
than six feet (6') in height, or by an enclosure within a building.
Refuse containers shall be provided and maintained in a manner to
satisfy local public health and sanitary regulations, compacting units
will have a lock out device on the operating switch to prevent children
from unsupervised operation of the machine. Each refuse facility shall
be located so as to provide safe and convenient pickup by refuse collection
agencies. (See Figure 38-1, for refuse container enclosure diagrams).
19.6
SPECIAL
REQUIREMENTS:
A.
Single-family
or townhouse units constructed in this district shall conform to SF-6
and TH District standards, respectively.
B.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
C.
Open storage
is prohibited.
D.
The front
door of each dwelling unit shall be no more than one hundred fifty
feet (150') from a fire lane (measured by an unobstructed pathway,
or route, for fire hoses).
E.
A paved walkway
shall connect the front door of each ground floor unit to a parking
area.
F.
Buildings
shall not exceed two hundred feet (200') in length.
G.
Boats, campers,
trailers and other recreational vehicles shall be prohibited unless
oversize parking areas are provided as part of the approved site plan.
This parking area shall not be used to meet the minimum parking requirements
and shall not be visible from a public street.
H.
All buildings
containing residential units shall provide signage which clearly identifies
the numbers (i.e., addresses) of the units within each building. Signage
shall be visible from entrances into the complex and/or from vehicular
drive aisles within the complex such that each individual unit is
easy to locate by visitors, delivery persons, and/or emergency personnel.
I.
All parking
areas shall have appropriate lighting and positioned such that no
light adversely impacts adjacent residential areas.
J.
Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
19.7
USABLE
OPEN SPACE:
A.
Each lot or parcel of land which is used for triplexes, quadriplexes and/or five- to six-unit apartment buildings (i.e., MF-1 zoning) shall provide landscaping and/or usable open space (see Section 18.5 C through E.) on at least twenty (20%) percent of the lot area. Required landscaping/open space area shall be located on the same lot or parcel of land upon which the triplex/quadriplex uses are located.
(Ordinance O-02-07 adopted 3/19/07)
20.1
GENERAL
PURPOSE AND DESCRIPTION:
The Multi-Family Residential-2 (MF-2) District is an attached
residential district intended to provide the highest residential density
of twenty-four (24) dwelling units per acre. The principal permitted
land uses will include low-rise multiple-family dwellings and garden
apartments. Recreational, religious, health and educational uses normally
located to service residential areas are also permitted in this district.
This district should be located adjacent to a major thoroughfare and
serve as a buffer between retail/commercial development or heavy automobile
traffic and medium or low density residential development.
20.2
PERMITTED
USES:
A.
2.
Multi-family
dwellings greater than four (4) units per building.
3.
Municipally-owned
facilities and uses.
4.
Leasing
offices for the apartment complex.
5.
Temporary
field or construction office for uses incidental to construction work
on the premises, which said buildings shall be removed upon the completion
or abandonment of construction work or by order of the Director, or
his designee. The specific time period allowed shall be specified
by the Director, or his designee, upon issuance of a temporary structure
permit, and site plan review and approval by the Director, or his
designee, is also required. The allowed time period may be extended
for an additional one (1) year period upon approval of an extension
by the Director, or his designee.
6.
Accessory
buildings and uses, customarily incidental to the above uses and located
on the same lot therewith, but not involving the conduct of a retail
business except as provided herein:
7.
Swimming
Pool (private). Swimming pools shall be enclosed by a security fence
not less than four feet (4') in height. All swimming pool security
fences shall be constructed so as not to have openings, holes or gaps
larger than two (2") inches in dimension, except for doors and gates.
All doors and gates shall be equipped with self-closing, self-latching
devices.
8.
Common
open space, community center, recreational building, and other facilities
or amenities, provided they are for use by the residents and guests
of the multi-family complex.
20.4
AREA
REGULATIONS:
A.
Size of
Lots:
1.
Minimum
Lot Area - One thousand eight hundred (1,800) square feet per dwelling
unit, not to exceed twenty-four (24) dwelling units per acre (calculated
on gross acreage). The minimum lot size shall be one (1) acre
2.
Minimum
Lot Width - One hundred feet (100')
3.
Minimum
Lot Depth - One hundred twenty-five feet (125')
B.
Size of
Yards:
1.
Minimum
Front Yard - Thirty feet (30'). All areas adjacent to a street shall
be deemed front yards.
2.
Minimum
Side Yard - Fifteen feet (15'); sixty feet (60') when building is
in excess of one-story in height and adjacent to a Single-Family Zoning
District
3.
Minimum
Rear Yard - Twenty feet (20'); eighty feet (80') when the building
is in excess of one-story and adjacent to a Single-Family Zoning District
4.
Building
Separation:
a.
One-story
buildings - Ten feet (10'), for buildings with or without openings
b.
Two-story
buildings (or a two-story building adjacent to a one-story building)
- Fifteen feet (15'), for buildings with or without openings
c.
Three-story
buildings (or a three-story building adjacent to a one- or two-story
building) - Twenty feet (20'), for buildings with or without openings
C.
Minimum
Floor Area per Dwelling Unit:
1.
Efficiency
unit - Five hundred fifty (550) square feet per unit.
2.
One-bedroom
unit - Six hundred (600) square feet per unit.
3.
Two- or
more bedroom unit - Eight hundred (800) square feet for the first
two (2) bedrooms, plus an additional two hundred (200) square feet
for every bedroom over two (2) (e.g., three-bedroom unit must have
1,000 square feet, etc.).
D.
Maximum
Lot Coverage:
Not to exceed fifty percent (50%) total
impervious area including main buildings, accessory buildings, driveways
and parking areas.
E.
Parking
Regulations:
1.
1.75 spaces
for each efficiency or 1 bedroom unit
2.
2 spaces
for each 2 bedroom unit
3.
2.5 spaces
for each 3 bedroom unit
4.
3 spaces
for each 4 or more bedroom unit
5.
All parking
areas adjacent to public streets shall be screened from view. Screening
may be in the form of live plant materials, berms or brick/masonry
walls.
20.5
REFUSE
FACILITIES:
A.
Every multi-family
dwelling unit shall be located within two hundred and fifty feet (250')
of a refuse facility; measured along the designated pedestrian and
vehicular travel way. A refuse facility shall be a dumpster or other
similar receptacle designed for receiving garbage in bulk for more
than one (1) dwelling. Refuse dumpsters shall be no closer than thirty
feet (30') to any adjacent single-family property.
B.
Each refuse
facility shall be screened from view on three (3) sides (gate on fourth
side is optional) from persons standing at ground level on the site
or immediately adjoining property, by a solid screening device constructed
of materials approved by the Director, or his designee, and not less
than six feet (6') in height, or by an enclosure within a building.
Refuse containers shall be provided and maintained in a manner to
satisfy local public health and sanitary regulations, compacting units
will have a lock out device on the operating switch to prevent children
from unsupervised operation of the machine. Each refuse facility shall
be located so as to provide safe and convenient pickup by refuse collection
agencies. (See Figure 38-1, for refuse container enclosure diagrams).
20.6
SPECIAL
REQUIREMENTS:
A.
Single-family
or townhouse units constructed in this district shall conform to SF-6
and TH District standards, respectively.
B.
Recreational
vehicles, travel trailers or motor homes may not be used for on-site
dwelling purposes.
C.
Open storage
is prohibited.
D.
The front
door of each dwelling unit shall be no more than one hundred fifty
feet (150') from a fire lane (measured by an unobstructed pathway,
or route, for fire hoses).
E.
A paved walkway
shall connect the front door of each ground floor unit to a parking
area.
F.
Buildings
shall not exceed two hundred feet (200') in length.
G.
Boats, campers,
trailers and other recreational vehicles shall be prohibited unless
oversize parking areas are provided as part of the approved site plan.
This parking area shall not be used to meet the minimum parking requirements
and shall not be visible from a public street.
H.
All buildings
containing residential units shall provide signage which clearly identifies
the numbers (i.e., addresses) of the units within each building. Signage
shall be visible from entrances into the complex and/or from vehicular
drive aisles within the complex such that each individual unit is
easy to locate by visitors, delivery persons, and/or emergency personnel.
I.
All parking
areas shall have appropriate lighting and positioned such that no
light adversely impacts adjacent residential areas.
20.7
USABLE
OPEN SPACE:
A.
Each lot or parcel of land which is used for multi-family residential uses shall provide usable open space (see Section 18.5, subsections C. through E.) area(s) on at least twenty (20%) percent of the total lot area. Required open space area(s) shall be located on the same lot or parcel of land upon which the multi-family uses are located.
(Ordinance O-02-07 adopted 3/19/07)
21.1
GENERAL
PURPOSE AND DESCRIPTION:
The Manufactured Home (MH) District is a detached residential
district establishing standards for the development of HUD-code manufactured
home parks and subdivisions. Manufactured home subdivisions include
individually platted lots for sale within the subdivision, for the
placement of manufactured home units. A manufactured home park offers
spaces for the placement of manufactured home units on a lease or
rental basis. The Manufactured Home district establishes area and
design requirements for parks and subdivisions, as well as yard requirements
for individual lots. Both parks and subdivisions provide open space
and recreational areas appropriate for the acreages and number of
units contained.
21.2
PERMITTED
USES:
A.
2.
Individually
owned HUD-code manufactured homes on lots in platted manufactured
home subdivisions.
3.
Manufacture,
[sic] home parks for residential use providing, on a rental basis,
lots for placement of HUD-code manufactured homes with utilities.
Small offices, licensed child care centers, and laundromats are permitted
as incidental uses within the park.
4.
Industrialized
housing.
5.
Single-family
detached dwellings.
6.
Municipally
owned facilities and uses (no open storage or repair).
7.
Temporary
field or construction office for uses incidental to construction work
on the premises, which said buildings shall be removed upon the completion
or abandonment of construction work or by order of the Director, or
his designee. The specific time period allowed shall be specified
by the Director, or his designee, upon issuance of a temporary structure
permit, and site plan review and approval by the Director, or his
designee, is also required. The allowed time period may be extended
for an additional one (1) year period upon approval of an extension
by the Director, or his designee.
8.
Accessory buildings and uses, as provided by Section 37, customarily incidental to the above uses and located on the same lot therewith, but not involving the conduct of a retail business or an accessory dwelling unit, except as provided herein:
a.
Accessory buildings, including a private garage, shall not occupy more than fifty (50%) percent of the minimum required rear yard. When the accessory building is directly attached to the main building, it shall be considered an integral part of the main building. See Section 37 for additional accessory use requirements.
b.
A detached
private garage or carport used in conjunction with the main building,
located behind the front building line with a minimum of twenty feet
(20') from the door face front or support columns to the edge of street
or alley pavement.
d.
Private
open space or other private recreational amenities as part of a residential
subdivision and not for commercial purposes.
9.
Swimming
Pool (private), including recreation or community areas. Swimming
pools shall be enclosed by a security fence not less than four feet
(4') in height. All swimming pool security fences shall be constructed
so as not to have openings, holes or gaps larger than two (2") inches
in dimension, except for doors and gates. All doors and gates shall
be equipped with self-closing, self-latching devices.
10.
Utilities
(public or private).
21.3
AREA
REGULATIONS:
A.
Area for
Manufactured Home Park -
Minimum, three (3) acres; maximum,
thirty-five (35) acres.
B.
Size of
Yards
(For each space within Manufactured Home Park or
Subdivision):
1.
Minimum
Front Yard - Twenty-five feet (25') from a dedicated street; fifteen
feet (15') from any private street or drive
2.
Minimum
Side Yard - Ten feet (10'); twenty feet (20') between units; twenty
feet (20') from zoning district line
3.
Minimum
Rear Yard - Ten feet (10'); twenty feet (20') from any zoning district
line
4.
If a garage
is provided, the garage shall have a twenty-five (25') foot setback
D.
Minimum
Floor Area per Dwelling Unit:
One thousand (1000) square
feet.
E.
Development
Standards:
1.
All units
shall be at least twenty-five feet (25') wide (e.g., "double-wide).
As of the effective date of this Ordinance all single-wide units shall
be deemed nonconforming and shall not be brought into the City to
occupy an existing vacant lot or to occupy a newly platted lot.
2.
A pitched
roof having a minimum of 4:12 is required with a minimum six-inch
(6") overhang.
3.
Manufactured
housing design and construction will comply with manufactured housing
construction and safety standards published by the Department of Housing
and Urban Development (HUD) pursuant to the requirements of the Texas
Manufactured Housing Standards Act (Vernon's Annotated Civil Statutes
Art. 5221f, as amended) and all manufactured housing will be subject
to inspection by the Building Official, or his designee.
4.
All manufactured
housing within a subdivision shall be anchored on a solid concrete
slab structure or pier and beam foundation. Any additions to the original
structure, such as rooms, storage, or garages shall be constructed
on a solid concrete slab.
5.
Covered
porches, patios and decks shall be constructed on-site, and shall
not encroach into front, side or rear yard setbacks.
6.
Axles and
tongues shall be removed, such that the manufactured housing unit
becomes permanently placed upon the site.
7.
Any siding
or sheathing used on housing units (or on buildings added onto housing
units) shall be compatible with materials used on surrounding structures.
F.
Maximum
Lot Coverage:
Not to exceed fifty percent (50%) total
impervious area including main buildings, accessory buildings, driveways
and parking areas.
G.
Parking
Regulations:
1.
Lots platted prior to 3-22-99 shall have a minimum of two (2) spaces per unit located on the same lot as the unit served (see Section 35, Off-Street Parking and Loading).
2.
Lots platted
after 3-22-99 shall have a minimum of two parking spaces (one of which
must be covered or enclosed) for each unit, to be located behind the
front building line and to be on the same lot as the dwelling unit
(i.e., on site).
3.
All parking
surfaces and driveways shall be on an approved all weather surface
(four inches of reinforced concrete or two inches of asphalt paving
with two inches of compacted crushed rock base).
21.4
SPECIAL
REQUIREMENTS FOR MANUFACTURED HOME PARKS:
A.
Tenant Parking
-
Each parking space shall be an approved all-weather surface, in accordance with City standards, and shall be located to eliminate interference with access to parking areas provided for other manufactured homes and for public parking in the park (see Section 35, Off-Street Parking and Loading Requirements).
B.
Visitor
and Supplemental Parking -
In addition to parking spaces required for each manufactured home unit, there shall be paved parking provided for the manufactured home community in general (see Section 35, Off-Street Parking and Loading Requirements):
1.
Two (2)
visitor parking space for every three (3) manufactured home spaces.
2.
One (1)
supplemental parking or vehicle storage space for the parking or storage
of boats, campers and similar vehicles or equipment for every four
(4) manufactured home spaces.
3.
Supplemental
spaces may be located anywhere within the manufactured home community
provided that no manufactured home space shall be situated further
than one hundred fifty feet (150') from a visitor space.
4.
Each parking
space will be not less than nine feet by eighteen feet (9' X 18'),
which is not to be included in the lot size.
C.
Access -
Each manufactured home community shall have direct access from
a public street or an internal street. Where an internal private street
provides access, the same shall be paved, in accordance with City
standards, and shall be dedicated to the public as an emergency access
or fire lane easement to allow for the rapid and safe movement of
vehicles used in providing emergency health or public safety services.
Each emergency access easement shall have a clear unobstructed width
of twenty-four feet (24'), shall connect to a dedicated public street,
and shall have a turning area and radii of a minimum of fifty feet
(50') to permit free movement of emergency vehicles. Dead end streets
are not allowed. Cul-de-sac streets shall not exceed four hundred
feet (400') in length. Fire lane easements shall be maintained by
the manufactured home park.
D.
Walkways
-
Designated concrete walkways four feet (4') in width
will be provided on both sides of roadways or streets.
E.
Street Names
and Signs -
Within each manufactured home park, all streets
shall be named, and manufactured homes numbered in a logical and orderly
fashion. Street signs shall be of a color and size contrasting with
those on public streets and roadways so that there is no confusion
regarding which are private and which are public streets. These signs
and numbers shall be of standard size and placement to facilitate
location by emergency vehicles. Street names shall be submitted to
the Director, or his designee, along with the preliminary plat application,
reviewed by the appropriate City staff with respect to street naming
procedures set forth within the Subdivision Ordinance, and approved
by the Planning and Zoning Commission and City Council on the preliminary
plat for the subdivision. The street names shall be set with preliminary
plat approval, and shall not be changed on the final plat without
City approval. All dwelling unit numbering (i.e., addressing) shall
be assigned by the Director, or his designee.
F.
Other Signs
-
Along all sections of emergency access easements, the
owner or agent shall erect metal signs prohibiting parking. The sign
type, size, height and location shall be in accordance with the Manual
of Uniform Traffic Control Devices and approved by the City.
G.
Intersections
-
Internal streets shall intersect adjoining public streets
at approximately ninety degrees (90°) and at locations which will
eliminate or minimize interference with traffic on those public streets.
H.
Street Lighting
-
Street lighting within the manufactured home park shall
be provided and maintained by the owners of the manufactured home
park.
I.
Electric
and Telephone Service -
All electrical distribution lines
and all telephone lines shall be underground except the primary service
lines to the park.
J.
Drainage
and Soil Protection -
The ground surface in all parts
of the park shall be graded and equipped to drain all surface water
in a safe, efficient manner. Each manufactured home space shall provide
adequate drainage for the placement of a manufactured home. Exposed
ground surfaces in all parts of every manufactured home park shall
be paved and/or covered with stone, brick paving, or other similar
solid material, or protected with a vegetative growth (such as grass)
capable of preventing soil erosion and eliminating dust.
K.
Fire Fighting:
1.
Approaches
to all manufactured homes shall be kept clear for firefighting.
2.
The owner
or agent of a manufactured home park shall be responsible for the
instruction of any staff in the use of the park fire protection equipment
and in their specific duties in the event of a fire. Owner shall supply
standard City fire hydrants located within five hundred feet (500')
of all manufactured home spaces, measured along the drive or street.
3.
The owner
or agent of a manufactured home park shall be responsible for maintaining
the entire area of the park free of dry brush, leaves and weeds in
excess of twelve (12") inches.
L.
Refuse Handling
and Collection -
The owner or agent of a manufactured home park shall provide an adequate system of collection and safe disposal of rubbish, as approved by the City. Storage, collection and handling of refuse shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards, or air pollution, compacting units will have a lock out device on the operating switch to prevent children from unsupervised operation of the machine. Every dwelling unit shall be located within two hundred fifty feet (250') of a refuse facility measured along the designated pedestrian or vehicular travel way. There shall be available at least six (6) cubic yards of refuse containers per thirty (30) units. If trash dumpsters are used, they shall be screened as prescribed in Section 38.2(E) [Section 38.6].
M.
Anchorage
of Manufactured Homes -
To insure against natural hazards
such as tornados, high winds and electrical storms, anchorage for
each manufactured home shall be provided according to the Building
Code and State law.
N.
Skirting:
1.
All manufactured
home units not attached to a permanent foundation shall provide skirting
from the top of the unit's frame to grade. Skirting shall totally
enclose and secure from view the unit's axles and all required anchors,
footings, and piers.
2.
All required
skirting shall be masonry (or other material approved by the Director,
or his designee), and shall be of a color similar to the materials
used in the construction of the manufactured home unit such that it
blends with the overall appearance of the unit.
21.5
OTHER
REQUIREMENTS:
A.
Single-family
dwellings (and their respective lots) constructed within this district
shall conform to the standards as set forth in the SF-6 district (i.e.,
minimum 6,000 square foot lot size, minimum 1,200 square foot dwelling
unit size, etc.).
B.
Open storage
is prohibited.
(Ordinance O-02-07 adopted 3/19/07)
22.1
GENERAL
PURPOSE AND DESCRIPTION:
The Office (O) District is established to create a flexible
district for low intensity office, high technology and professional
uses intended to be a regional employment center. The district can
be used as a transition district between more intense uses and residential
uses. If located adjacent to a residential district or property line
permitted uses shall be made more compatible with adjacent residential
areas by limiting heights to two and one-half (2-1/2) stories and
utilizing buffers and landscape requirements. If adjacent to other
nonresidential districts the height may be increased to four (4) stories.
Adaptive reuse of existing structures is encouraged. Buildings in
this district should be compatible and in similar scale with adjacent
residential uses or adjacent development.
22.3
HEIGHT
REGULATIONS:
22.4
AREA
REGULATIONS:
A.
Size of
Yards:
1.
Minimum
Front Yard: Twenty-five feet (25'); all yards adjacent to a street
shall be considered a front yard.
2.
Minimum
Side Yard: Fifteen feet (15')
3.
Minimum
Rear Yard: Twenty feet (20')
4.
Adjacent
to a residential district or property line: The side or rear setback,
whichever is adjacent to a residential zoning district or property
line, shall observe a setback equal to a 3:1 slope from the residential
property line, three feet (3') of setback for each one foot (1') of
height.
C.
Maximum
Lot Coverage:
Fifty (50%) percent; including accessory
buildings.
22.5
SPECIAL
REQUIREMENTS:
B.
Open storage
is prohibited and service or loading areas shall not be visible from
a public street or adjacent residential uses.
C.
Up to ten
percent (10%) of the available floor space of any building in this
district may be dedicated to retail or service uses that support the
professional office uses, such as, office supplies, restaurant or
daycare for employees.
D.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
E.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
G.
Recreational
vehicles, travel trailers or motor homes or other temporary/portable
structures may not be used for on-site dwelling or nonresidential
purposes.
(Ordinance O-02-07 adopted 3/19/07)
23.1
GENERAL
PURPOSE AND DESCRIPTION:
The Local Retail (LR) District is established as a limited retail
category intended for the use of nearby neighborhood areas for the
purpose of supplying day-to-day needs and personal services. Establishments
should include small, freestanding retail structures, and neighborhood
oriented personal service establishments. Sites zoned LR should generally
utilize an existing or small corner lot within a logical neighborhood
area.
23.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25'); all yards adjacent to a street
shall be considered a front yard.
2.
Minimum
Side Yard - Fifteen feet (15'); Twenty-five feet (25') adjacent to
a public street or residential lot
3.
Minimum
Rear Yard - Twenty feet (20') or twenty-five feet (25') adjacent to
a residential lot
C.
Maximum
Lot Coverage:
Forty (40%) percent.
23.5
SPECIAL
REQUIREMENTS:
A.
Open Storage
is prohibited.
B.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
C.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
E.
Recreational
vehicles, travel trailers or motor homes or other temporary structures
may not be used for on-site dwelling or nonresidential purposes.
(Ordinance O-02-07 adopted 3/19/07)
24.1
GENERAL
PURPOSE AND DESCRIPTION:
The Retail (R) District is established to provide areas for
neighborhood, local and regional shopping and service facilities for
the retail sales of goods and services. These shopping areas should
utilize established landscape and buffering requirements. The R district
should be located along or at the intersection of major collectors
or thoroughfares to accommodate higher traffic volumes.
24.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Fifteen feet (15'); Twenty-five feet (25') adjacent to
a street. The side or rear setback, whichever is adjacent to a residential
zoning district or property line, shall observe a setback equal to
a 3:1 slope from the residential property line, three feet (3') of
setback for each one foot (1') of height.
3.
Interior
Side Yards - When retail uses are platted adjacent to other retail
and other nonresidential uses, no side yard is required provided it
complies with the building code.
4.
Minimum
Rear Yard - Twenty feet (20')
C.
Maximum
Lot Coverage:
Forty (40%) percent.
24.5
SPECIAL
REQUIREMENTS:
A.
Open storage
is prohibited; however, periodic display of seasonal items by the
retail establishment on their own property (e.g., Christmas trees,
pumpkins, etc.) is allowed during the appropriate time periods. Service
or loading areas shall not be visible from a public street or adjacent
residential uses.
B.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
C.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
E.
Recreational
vehicles, travel trailers or motor homes or other temporary structures
may not be used for on-site dwelling or nonresidential purposes.
(Ordinance O-02-07 adopted 3/19/07)
25.1
GENERAL
PURPOSE AND DESCRIPTION:
The development standards in the CBD, Central Business District,
are designed to maintain and encourage development and redevelopment
within the central section (old downtown) of the City. Standards for
vehicle parking, building setbacks, and building height are similar
to those existing on developed properties in this section of the City.
25.3
AREA
REGULATIONS:
D.
Maximum
Lot Coverage -
none specified
E.
Parking
Regulations:
1.
For existing structures/uses (in existence prior to the effective date of this Ordinance) - Any existing parking, or lack of same, for any existing structure/use within the CBD district shall be considered a conforming parking arrangement. Additional parking, in accordance with Section 35.6, shall only be required for additions to an existing building or for significant expansion of an existing use (as determined by the City Planner or his designee). In the event of destruction of an existing structure within the CBD district, said structure may be rebuilt to its pre-destruction size with no requirements for additional parking provided that reconstruction commences (i.e., a building permit is applied for and issued) within one (1) year of the date of destruction. If reconstruction does not commence within the one-year time frame, or if the structure is rebuilt to exceed its pre-destruction size, then the structure's nonconforming parking status is deemed to expire and any reconstruction of the structure must provide additional parking in accordance with this Ordinance.
2.
For new structures/uses - One (1) space per three hundred (300) square feet of gross floor area, and each use shall provide a minimum of two (2) spaces. In order to preserve the character of the square, in which existing buildings were joined together with a common wall, required parking for new structures may be restricted to the rear of the building or to offsite parking on private property to be located not more than 1,500 feet from the site, in accordance with Section 35.8 of this Ordinance.
F.
Other Regulations:
1.
Open storage
is prohibited in the CBD district.
3.
Trash receptacles
must be enclosed and not visible from the front of the building. Those
buildings not having alley or rear access may place a portable trash
receptacle curbside on a side street to the rear of the building that
is located on the square on trash pickup days only.
4.
Outside
Sidewalk Display.
Outside sidewalk displays of retail goods, merchandise or materials
shall be allowed only in the Central Business District (See Use Charts
3 and 6) in conjunction with all of the following requirements:
a)
The
display is for showcasing of finished goods, merchandise, or materials
that are sold in the same retail business that occupies the main building
on the lot and is not intended for additional sales space or as outside
storage;
b)
Display
location shall be limited to designated sidewalk areas adjacent to
the front or side of the main building;
c)
No display
shall be allowed to be located in the public right-of-way adjacent
to the rear of the main building;
d)
After
approval of a Specific Use Permit by the City and subject to compliance
with the conditions of the Specific Use Permit, outside sidewalk display
shall be allowed in accordance with the requirements of this section
provided that all of the following conditions are met:
i.
The
property owner and/or tenant enters into an encroachment agreement
with the City of Kaufman;
ii.
The
property owner and/or tenant shall provide proof of insurance coverage
meeting requirements specified by the City of Kaufman, including without
limitation, an additional insured endorsement naming the City of Kaufman
and its officials, officers, and employees as additional insured and
providing a waiver of subrogation in favor of the City;
iii.
That the display shall not extend a distance greater than five feet
(5') from the front of the wall of the principal building;
iv.
That
the display shall not be permitted to block windows, entrances or
exits, delivery and service doors, nor impair the ability of pedestrians
to have unobstructed ingress to and egress from a building or buildings;
v.
That
the display shall not occupy any designated parking space or be placed
in any street or alley right-of-way or thoroughfare;
vi.
That
[at] all times displays shall not interfere with pedestrian circulation
in or along the sidewalk or right-of-way and shall comply with the
American [with] Disabilities Act (ADA), as amended;
vii.
That the display shall not be allowed on a sidewalk, which has a
width that is five feet (5') or less;
viii.
That the display shall not occupy an area that is larger than thirty
percent (30%) of the linear distance of the wall adjacent to the location
of the sidewalk display. The distance shall be measured along the
applicable front or side wall of the main building or suite for the
retail space providing the display. Each exterior wall equivalency
is a standalone area and may not be combined;
ix.
That
the display shall not extend to a height above seven feet (7') as
measured from the sidewalk;
x.
That
all displayed retail goods shall be actively for sale by the retail
establishment providing the display and shall have a visible price
tag;
xi.
That
the display area shall be established and delineated on an approved
sidewalk plan;
xii.
That prohibited items in sidewalk displays include anything expressly
prohibited in the approved specific use permit. Including but not
limited to vending machines, propane tank sales or rental, ice machines
and other similar apparatus; and
xiii.
[sic] That no display is left out on a day that the retail establishment
is closed or at any time after the retail establishment has closed
on a regular business day of the retail establishment. Exempted from
the location requirement of section 25.F.4.d.viii are any accessible
public seating, including table and chair sets, benches, chairs, stools,
rocking chairs, etc., and that are manufactured for outdoor use and
exterior decorative planters.[1]
[1]
Original has this as Subsection e).
25.4
DESIGN CRITERIA
A.
Purpose.
Kaufman's downtown Central Business District
(CBD) has been identified by the Comprehensive Plan as a valuable
resource worthy of preservation as a unique district. This district
provides development and design standards that preserve the historic
and architectural character of existing development, provides for
adaptive reuse of existing buildings and the compatibility of new
structures and uses with the historic nature of the CBD.
B.
Goals.
1.
Historic preservation, economic development, and maintaining the
pedestrian friendly character of the Central Business District shall
be the primary consideration in the development design review.
2.
The preservation and restoration of historically or architecturally
significant buildings as well as buildings that contribute to the
unique character of the CBD shall be considered as a high priority
in the future development of the CBD.
3.
Preservation, restoration, renovation and redevelopment should encourage
and promote economic vitality, professional and business activities,
tourism, and effective adaptive reuse of structures, upper floors
and vacant spaces.
4.
The preservation, restoration, renovation and redevelopment should
encourage and promote the concept of the traditional downtown area
as the origin and heart of the community as a place for people to
gather as well as patronize the businesses located there.
C.
District Boundaries.
1.
The Central Business District (CBD) is generally bounded by Oak Street
on the north, Cherry Street on the south, Jefferson Street on the
west, and Madison Street on the east. These boundaries are shown on
the map in Figure 25-1 for informational purposes.
2.
The precise boundaries of the Central Business District (CBD) shall
be shown on the official zoning map of the City of Kaufman. The boundaries
of the CBD may be amended from time to time based on a request from
area property owners, a request of the staff, the Downtown Steering
Committee, the Planning and Zoning Commission, or at the pleasure
of the Council. In considering a request for a change in district
boundaries, the Council shall require:
a.
Any additions to the district shall be contiguous to the existing
boundaries of the district;
b.
Any reductions in the district shall be located on the edge of the
district such that a hole is not left inside the district; and
c.
If requested by a property owner, a petition shall be presented showing
owners of more than fifty percent (50%) of the land within the district,
excluding streets, and owners of more than fifty percent (50%) of
the building sites in the district are in support of the requested
change in boundaries.
 |
D.
General Provisions.
1.
Site plan and design review is required for new construction and
substantial renovation of existing buildings within the Central Business
District. Substantial renovation means:
2.
Interior renovation of existing buildings that do not alter the exterior
appearance of the building do not require site plan and design review
under the provisions of this section. (e.g., a drop ceiling that covers
part of an existing window would alter the exterior appearance and
require review)
3.
Physical properties of an existing building such as setbacks, foot
prints, height, or other similar characteristics that cannot be altered
without substantial hardship are not required to meet the development
or design standards within this section. All other provisions shall
apply.
4.
Site Plan applications submitted for review will first be considered
by the Downtown Design Review Committee and a Certificate of Appropriateness
issued within ten (10) days to accompany the application to the Planning
and Zoning Commission and City Council for approval. If the Downtown
Design Review Committee recommends denial of the application or approval
with stipulations the Planning and Zoning Commission must render a
three-fourths affirmative vote to overturn the recommendations of
the Committee in order to recommend approval to the City Council.
5.
All new development, exterior renovations to any existing buildings,
maintenance and/or preservation of any structure, shall require an
exterior paint permit to be approved by the Development Services Director.
This does not include murals or ghost signs, which are regulated by
Section 25.4.D.6.
a.
Request to appeal the requirements of Sections 25.4.F.5.a.(3) or
25.5.B.1.h shall be heard by the Planning and Zoning Commission. The
Planning and Zoning Commission shall determine what appeals shall
be approved, if any.
(1)
An appeal request submittal shall include a proposed paint color
combination scheme for the body, trim and accent features of the building.
(2)
Notice of the appeal request shall be mailed ten (10) days prior
to the meeting, to all property owners as listed at the Kaufman County
Appraisal District, and to all the building addresses, located within
the boundaries of the Central Business District.
(3)
All appeal requests shall be placed on the next available Planning
and Zoning Commission agenda.
6.
All murals and ghost signs shall comply with the Guidelines for Murals
and Ghost Sign Restoration as adopted and amended by the City Council,
and on file in the Development Services Department. Each mural or
ghost sign restoration shall be approved by the Downtown Development
Advisory Board through the issuance of a Certificate of Appropriateness.
Following the issuance of this certificate, the mural or ghost sign
shall also require approval of a sign permit.
E.
Mixed Use Criteria.
1.
The Central Business District may contain any combination of uses shown in the Use Chart in Section 33 (Use Charts).
2.
Within the CBD there are both residential and nonresidential uses,
which may be located in either residential structures or commercial
structures. To maintain the architectural and historic character of
existing blocks where one type of structure predominates, the following
regulations shall apply.
a.
Residential uses may be in residential structures or commercial structures.
Residential uses in commercial structures are only allowed if they
occupy no more than fifty percent (50%) of the floor area of the building;
and do not occupy the area adjacent to the street front.
b.
Nonresidential uses may be in residential or commercial structures.
Nonresidential uses in residential structures must be in those blocks
where existing residential structures predominate.
c.
In block faces within the District that are currently developed with
residential structures, new construction shall be compatible residential
structures. Either residential or nonresidential uses may be located
in the residential structures.
d.
In block faces within the Central Business District that are currently
developed with commercial structures, new construction shall be compatible
commercial structures.
F.
Central Business District Development and Design Standards.
1.
All new development and exterior renovations to existing buildings
must meet requirements provided in this section for Site Design, and
Architectural Standards.
2.
Purpose of Central Business District Design Standards.
The purpose of these design standards is to ensure the preservation
of the historic and architectural qualities, which make the CBD a
unique place by permitting new development compatible with existing
historic buildings and by maintaining the historic and architectural
qualities of existing buildings.
a.
Site Design Standards.
The purpose of the Site Design
Standards is to provide for building and parking placement compatible
with existing development.
b.
Architectural Standards.
The purpose of the Architectural
Standards is to provide for the preservation of existing historic
and architectural qualities of downtown Kaufman, ensure new construction
and all exterior renovations to existing buildings are compatible
with these qualities, and to protect and promote the uniqueness of
downtown as a commercial area.
4.
Site Design Standards.
a.
Building Placement - Commercial Structures.
(1)
Buildings shall be placed on the front property line. Building
may be moved back from the front property line to provide for a wider
sidewalks and entries, or pedestrian oriented streetscapes if: The
buildings takes up an entire block face; or is located on a corner;
or has a total frontage of more than fifty percent (50%) of the block
face.
(2)
New commercial structures shall be allowed only in block faces
which are predominately developed with existing commercial structures,
or are predominately vacant land.
(3)
Buildings shall be placed on the side property line except when
adjacent to a residential type structure in which a fifteen feet (15')
minimum side yard shall be observed. Buildings may be moved back from
the side property line a total of four feet (4') to provide for
wider sidewalks and entries when the side property line is along a
street.
(4)
Buildings that go through a block so that they have frontage
on two parallel streets, shall treat each frontage as a main facade.
(5)
All service areas, dumpsters and loading shall be from the rear
of the building or alley.
5.
Architectural Design Standards.
a.
Street Facade - Commercial Structures.
(1)
Primary street facades for nonresidential buildings in the Central
Business District shall have the following basic features of existing
historic buildings:
(a)
Cornice at top of facade;[.]
(b)
Display windows with transom windows above and lower window
panels below.
(c)
Pilasters that divide the facade vertically and separate the
display windows units into discrete visual elements.
(d)
Second floor windows, recessed with multiple lights, lintels,
and sills.
(2)
Architectural elements such as doors, windows, awnings, canopies
and architectural details shall be compatible with the overall visual
qualities existing within the historic buildings downtown.
(3)
Choice of Paint Colors for the Primary facades, various architectural
elements, and/or details.
(a)
Paint colors should highlight architectural details based on
historic tradition for the building's type and style.
(b)
Keep colors compatible with the building style and design.
(c)
Loud, garish, or harsh colors and bright hues are prohibited.
(d)
Generally no more than three colors are applied per building.
(e)
Brick, stone or other naturally unpainted materials shall not
be painted unless the material has been painted previously.
(f)
A variety of approved paint color combinations are available
for reference in the Development Services Department. The approved
combinations specify paint colors for the body, trim and accent areas
of the building. An exterior paint permit shall be approved prior
to painting any exterior portion of any building.
(g)
Exterior grade paints shall be used for exterior siding.
(4)
In addition to the above, all commercial structures shall have
at least two of the following desirable design features as appropriate:
(a)
Street facades on side streets that meet the requirements for
primary facades; or
(b)
Buildings on corners which create a diagonal corner cut with
the entrance on the corner; or
(c)
Pediments added to the top of the facade; or
(d)
Decorative brickwork and architectural detailing on or around
the cornice, fascia, pilasters, or around windows; or
(e)
Use of natural wooden doors with glass windows; or
(f)
Projecting canopies and or awnings placed over the ground floor
windows and doors.
(5)
Whenever possible, new additions or alterations to existing
structures shall be done in such a manner that if such additions or
alterations were to be removed in the future, the essential form and
integrity of the original structure would be unimpaired.
(6)
The distinguishing original qualities or character of a building
should be preserved and the maintenance, repair, replacement, renovation
or alteration of such structures should avoid removing or destroying
any distinctive architectural features whenever possible.
(7)
Deteriorated architectural features shall be repaired rather
than replaced whenever possible. In the event replacement is necessary,
the new material should match the original material being replaced
in composition, design, color, texture and other visual qualities.
Plastic or vinyl architectural features or siding shall not be approved.
(8)
Plate glass or divided display windows should always be preserved
and not covered, painted or filled in. Traditional recessed doorways
with substantial wooden doors should be retained or re-installed if
significant restoration is undertaken.
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b.
Building Proportions - Commercial Structures.
(1)
Overall height of single story commercial buildings in the Central
Business District shall be between eighteen feet (18') and twenty
six feet (26').
(2)
The proportion of the height to width of the facade between
pilasters shall be in the range of 2.5 to 1 to 3 to 1. The basic window
units shall be between 2 to 2.5 times the remaining height to the
top of the cornice.
(3)
The ground floor facade shall have at least forty-fifty percent
(45%) [sic] of its area in transparent windows, or doors. The second
floor facade shall have at least twenty percent (20%) of its area
in windows. The area of windows includes any mullions framing individual
lights within the window frame.
c.
Building Materials - Commercial Structures.
(1)
The base facade materials for commercial structures within the
Central Business District shall be brick or stone. Architectural details,
trim, window or door framing may be wood, stone, cast stone, cast
iron, or other materials compatible with the historic and architectural
character of the Central Business District.
25.5
MAINTENANCE
AND PRESERVATION
A.
Purpose.
Existing buildings in the Central Business District collectively
create an image that is vital to the character and attractiveness
of the city that must be properly maintained and preserved in order
to sustain the appearance and economic vitality of the CBD.
B.
Preservation
of Architectural Features and Materials
1.
Facades
a.
Original
doors, entrances, windows, cornices, friezes, parapets and wall treatments
should be preserved or restored to the original design in as much
as possible using proper maintenance, painting, cleaning and established
restoration methods and techniques.
b.
Wood
siding materials and architectural details are such an important feature
of an historic building it should be restored and repaired using materials
that resemble the original texture and character of the original material
as much as possible, aluminum, plastic or vinyl siding or materials
shall not be used.
c.
Wood
materials should be painted at least every five years to prevent deterioration.
d.
Wood
materials should not be sand blasted or stripped using wet or dry
abrasives or power wire brushes that will damage the wood. Wood surfaces
should be hand scraped and sanded before painting.
e.
Masonry
materials usually do not require cleaning as aging produces a patina
or color changes that creates a desirable appearance. Cleaning should
only be done to halt deterioration or to remove heavy soiling and
should be done with the gentlest method possible, such as low pressure
water and detergents.
f.
Masonry
walls built prior to 1860 were customarily painted and after this
date were usually left unpainted. Surfaces that were previously painted
should remain painted and unpainted surfaces should remain unpainted.
g.
Waterproofing
materials may actually change the color, appearance or damage the
materials and should be used with caution and tested on a small area
prior to application.
h.
Choice of Paint Colors for the Primary facades,
various architectural elements, and/or details.
1)
Paint
colors should highlight architectural details based on historic tradition
for the building's type and style.
2)
Keep
colors compatible with the building style and design.
3)
Loud,
garish, or harsh colors and bright hues are prohibited.
4)
Generally
no more than three colors are applied per building.
5)
Brick,
stone or other naturally unpainted materials shall not be painted
unless the material has been painted previously.
6)
A
variety of approved paint color combinations are available for reference
in the Development Services Department. The approved combinations
specify paint colors for the body, trim and accent areas of the building.
An exterior paint permit shall be approved prior to painting any exterior
portion of any building.
7)
Exterior
grade paints shall be used for exterior siding.
2.
Demolition
a.
Demolition
of an existing building should only be considered as a last resort
and only if the building is structurally unsafe and determined it
cannot be repaired or rendered safe upon inspection by a qualified
registered structural engineer or architect.
b.
If demolition
reveals the side of an adjacent building that was designed never to
be exposed the wall should be painted a neutral or brick color compatible
with surrounding buildings. Stucco or stucco panels should only be
used if the wall is too unattractive to paint.
(Ordinance O-02-07 adopted 3/19/07; Ordinance O-16-20, sec. 2(a), adopted 7/27/20; Ordinance O-30-22 adopted 9/26/2022)
26.1
GENERAL
PURPOSE AND DESCRIPTION:
The Commercial (C) District is intended to provide a centrally located and convenient location for small scale service and commercial related establishments, such as wholesale products, welding shops, automotive repair services, upholstery shops, and other similar commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see Section 38). The uses envisioned for the district will typically utilize smaller sites and have operation characteristics, which are not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration.
26.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Fifteen feet (15'); twenty-five feet (25') if adjacent
to a street. The side or rear setback, whichever is adjacent to a
residential zoning district or property line, shall observe a setback
equal to a 3:1 slope from the residential property line, three feet
(3') of setback for each one foot (1') of height.
3.
Minimum
Rear Yard - Twenty feet (20')
26.5
SPECIAL
REQUIREMENTS:
A.
Outside storage
allowed only with Specific Use Permit and shall not be visible from
any public roadway.
B.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
C.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
E.
Recreational
vehicles, travel trailers or motor homes or other temporary structures
may not be used for on-site dwelling or nonresidential purposes.
(Ordinance O-02-07 adopted 3/19/07)
27.1
GENERAL
PURPOSE AND DESCRIPTION:
The Light Industrial (LI) District is intended primarily for
the conduct of light manufacturing, assembling and fabrication, and
for warehousing, research and development, wholesaling and service
operations that do not typically depend upon frequent customer or
client visits. Such uses do require accessibility to major thoroughfares,
major highways, and/or other means of transportation.
27.2
PERMITTED
USES:
A.
The following uses are permitted in the LI district, provided that such light manufacturing or industrial operations shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property upon which such use is located, and which produces no noise exceeding the average intensity of noise of street traffic, as further defined by the Performance Standards (Section 41), at that point, and provided that such use does not create fire or safety hazards on surrounding property.
2.
Light industrial, fabrication and manufacturing plants, including the assembling of prefabricated parts for the production of finished equipment, where the process of manufacturing or treatment of materials is such that no dust, odor, fumes, gas, smoke or noise is emitted, and not more than ten (10%) percent of the lot or tract is used for the open storage of products, materials, or equipment (see Section 38 for additional screening requirements).
3.
Certain
"low risk industrial/manufacturing" or "high risk or hazardous industrial"
uses may be permitted by Specific Use Permit only. In this district,
"high risk or hazardous industrial use" means any industrial use whose
operation, in the opinion of the City Manager (or his designee) and/or
the Fire Chief, involves a much higher than average risk to public
health and safety. These uses include, but are not limited to, facilities
where significant amounts of radiation, radioactive materials, highly
toxic chemicals or substances, or highly combustible or explosive
materials are present, used, produced, stored and/or disposed of.
27.3
HEIGHT
REGULATIONS:
27.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Twenty-five feet (25')
2.
Minimum
Side Yard - Fifteen feet (15'); twenty-five feet (25') on a corner
lot or adjacent to street. The side or rear setback, whichever is
adjacent to a residential zoning district or property line, shall
observe a setback equal to a 3:1 slope from the residential property
line, three feet (3') of setback for each one foot (1') of height.
3.
Minimum
Rear Yard - Twenty feet (20')
C.
Maximum
Lot Coverage:
Sixty-five (65%) percent
27.5
SPECIAL
REQUIREMENTS:
A.
Outside storage
shall not be visible from any public roadway.
B.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
C.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
E.
Recreational
vehicles, travel trailers or motor homes or other temporary structures
may not be used for on-site dwelling or nonresidential purposes.
(Ordinance O-02-07 adopted 3/19/07)
28.1
GENERAL
PURPOSE AND DESCRIPTION:
The Highway Commercial (HC) District is established to provide
a relatively high intensity area which permits a mixture of land uses
including office, retail, some types of commercial and entertainment
uses, and highway-oriented uses, such as hotels, motels and restaurants,
which should generally be located along high-volume thoroughfares.
The characteristics of each development site should be designed in
such a manner as to create an attractive appearance from U.S. Highway
175, and an impressive gateway into the community. Because these areas
are major thoroughfare entry points into Kaufman, emphasis has been
placed upon building arrangement, setbacks, parking and landscape
treatment, which are elements that tend to influence the visual appeal
of the City as viewed from the highway and which may help to attract
visitors to the community. It is the intent of the HC zoning district
to create an attractive and unique entrance into the City.
28.4
AREA
REGULATIONS:
B.
Size of
Yards:
1.
Minimum
Front Yard - Fifty feet (50')
2.
Minimum
Side Yard - Twenty-five feet (25'). The side or rear setback, whichever
is adjacent to a residential zoning district or property line, shall
observe a setback equal to a 3:1 slope from the residential property
line, three feet (3') of setback for each one foot (1') of height.
3.
Minimum
Rear Yard - Twenty-five feet (25')
C.
Maximum
Lot Coverage:
Fifty (50%) percent.
D.
Parking
Regulations:
2.
A maximum of fifty (50%) percent of the required parking shall be allowed within the front yard. No parking or loading shall be permitted within twenty feet (20') of the front property line, and then only if screened by a berm or living screen, as described in Section 36 (Landscape Requirements).
28.5
SPECIAL
REQUIREMENTS:
A.
Site Plan
Review -
Review and approval of a site plan by the Planning and Zoning Commission and City Council (in accordance with Section 39) shall be required for any tract/lot within the HC district. No certificate of occupancy shall be issued unless all construction and development conforms to the Site Plan as approved by City Council.
B.
Building
facade (i.e., elevation) plans shall be submitted for review and approval
along with the Site Plan. Facade plans shall clearly show how the
building(s) will look, especially as viewed from U.S. Highway 175,
and will portray a reasonably accurate depiction of the materials
and colors to be used. The Director (or his designee) may, as he deems
appropriate, require submission of additional information and materials
(possibly actual samples of materials to be used) during the Site
Plan application review process.
C.
When any development occurs in this district it shall be the developer's/owner's responsibility to erect and maintain a solid masonry screen wall between their property and any adjacent residential property or district. (See Section 38)
D.
When a lot in this district abuts the property line of a residential use or district certain uses (as identified by an asterisk (*) in the Use Charts - Section 33) that would otherwise be allowed in this district but are deemed incompatible with adjacent residential uses, the following restrictions shall be observed:
1.
A minimum
sixty feet (60') separation between the residential property line
and any structures, dumpsters, storage, drive-through lanes, loading
docks, heavy vehicle parking or lighting fixtures.
2.
If the
minimum separation cannot be established then those uses deemed incompatible
shall not be allowed on those lots abutting a residential property
line.
E.
Recreational
vehicles, travel trailers or motor homes or other temporary structures
may not be used for on-site dwelling or nonresidential purposes.
F.
Landscaping requirements shall be as set forth in Section 36. Additionally, those areas that are addressed within the "Kaufman Streetscape Plan" shall meet the standards cited therein.
G.
Other Regulations
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OVERLAY AND SPECIAL DISTRICTS
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Overlay and special prefix districts shall be used in conjunction
with base zoning districts. In the use of the following overlay zoning
classifications, the base district shall remain in effect if it is
already in existence unless changed by zoning amendment. New base
districts or changes in existing base districts may be requested at
the same time overlay or special prefix districts are requested.
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(Ordinance O-02-07 adopted 3/19/07; Ordinance O-11-17 adopted 5/16/17)
29.1
GENERAL
PURPOSE AND DESCRIPTION:
A.
The City
Council of the City of Kaufman, Texas, after public hearing and proper
notice to all parties affected and after recommendation from the Planning
and Zoning Commission, may authorize the creation of a Planned Development
overlay district.
B.
The Planned
Development (PD) District is a district which accommodates planned
associations of uses developed as integral land use units such as
industrial districts, offices, retail, commercial or service centers,
shopping centers, residential developments of multiple or mixed housing
including attached single-family dwellings or any appropriate combination
of uses which may be planned, developed or operated as integral land
use units either by a single owner or a combination of owners. A PD
district may be used to permit new or innovative concepts in land
utilization not permitted by other zoning districts in this Ordinance.
While greater flexibility is given to allow special conditions or
restrictions, which would not otherwise allow the development to occur,
procedures are established herein to ensure against misuse of increased
flexibility.
29.2
PERMITTED
USES:
A.
An application
for a PD district shall specify the base zoning district upon which
the PD is based, and the use or the combination of uses proposed (particularly
if any of the proposed uses are not allowed by right in the base zoning
district). In selecting a base zoning district, the uses allowed in
the base district must be similar or compatible with those proposed
for the PD. PD designations shall not be attached to SUP requirements.
Specific Use Permits allowed in a base zoning district are allowed
in a PD only if specifically identified at the time of PD approval,
and if specifically cited as an "additional use" (i.e., to those allowed
by right in the base zoning district) in the ordinance establishing
the PD.
B.
In the case
of residential PD districts for single-family or townhouse categories,
the proposed lot area shall be no smaller than the lot sizes allowed
in the base zoning district except for minor changes in a small percentage
of the lots in order to provide improved design or flexibility in
the layout of the subdivision.
29.3
PLANNED
DEVELOPMENT REQUIREMENTS:
A.
Development
requirements for each separate PD district shall be set forth in the
amending ordinance granting the PD district and shall include, but
may not be limited to: uses, density, lot area, lot width, lot depth,
yard depths and widths, building height, building elevations, coverage,
floor area ratio, parking, access, screening, landscaping, accessory
buildings, signs, lighting, project phasing or scheduling, management
associations, and other requirements as the City Council and Planning
and Zoning Commission may deem appropriate.
B.
In the PD
district, uses shall conform to the standards and regulations of the
base zoning district to which it is most similar. The base zoning
district shall be stated in the granting ordinance. All applications
to the City shall list all requested deviations from the standard
requirements set forth throughout this Ordinance (applications without
this list will be considered incomplete). The Planned Development
district shall conform to all other regulations of the base zoning
district, as well as all other sections of the Zoning Ordinance, unless
specifically changed or excluded in the ordinance establishing the
PD.
C.
The ordinance
granting a PD district shall include a statement as to the purpose
and intent of the PD granted therein. A specific list is required
of modifications in each district or districts and general statement
citing the reason for the PD request.
D.
The minimum
acreage for a planned development request shall be three (3) acres.
29.4
PLAN
SUBMITTAL REQUIREMENTS:
In establishing a Planned Development district in accordance with this Section, the City Council shall approve and file as part of the amending ordinance appropriate plans and standards for each Planned Development district. To facilitate understanding of the request during the review and public hearing process, the concurrent submission of a Concept Plan for a proposed non-residential, multi-family or manufactured home project, or a Land Study for a proposed residential (i.e., single- or townhouse) project, shall be required along with the PD zoning application. A detailed Site Plan may be submitted in lieu of the Concept Plan (or a Preliminary Plat in lieu of the Land Study; see the Subdivision Ordinance for submission requirements) if the applicant prefers to do so, and if the applicant wishes to expend the resources/funds necessary to prepare a complete detailed Site Plan (or Preliminary Plat) submission (i.e., detailed engineering/architectural plans, etc.; see Section 39).
A.
Concept
Plan or Land Study -
This plan shall be submitted by
the applicant at the time of the PD request (for exceptions, see Section
29.5(D) [sic]). The plan shall show the applicant's intent for the
use of the land within the proposed Planned Development district in
a graphic manner and, as may be required, supported by written documentation
of proposals and standards for development. The City may prepare application
form(s), which further describe and explain the following requirements:
1.
Residential
Land Study -
A Land Study plan shall be submitted with
any residential PD zoning request for a development comprised of single-family
(detached or attached) or townhouse dwellings on individually platted
lots, and shall show general uses, phasing of the development, access,
thoroughfares, alleys (if proposed), preliminary lot arrangements,
proposed densities, proposed screening, landscaped or private amenity
areas, project scheduling, and other pertinent development data. (See
the Subdivision Ordinance for application procedures and requirements
for a Land Study submission.)
2.
Nonresidential
Concept Plan -
A Concept Plan shall be submitted with
any nonresidential, multi-family, or manufactured home PD zoning request,
and shall clearly show all pertinent aspects of the type and nature
of the proposed development. The Concept Plan shall show the types
of use(s) proposed; access, topography and boundaries of the PD area;
existing physical features of the site; existing and proposed streets,
alleys, easements and lot lines; location of existing or proposed
public facilities; building heights and locations; parking areas and
ratios; fire lanes; screening and landscaped areas; project phasing
and scheduling; and other pertinent development data to adequately
describe the proposed development.
a.
A detailed Site Plan shall be submitted for approval (in accordance with Subsection B below, and with Section 39 of this Ordinance) within one (1) year from the approval date of the Concept Plan for all or some portion/lot of the Planned Development covered by the overall Concept Plan. If a detailed Site Plan is not submitted within one (1) year, then the Concept Plan may be subject to review by the Planning and Zoning Commission and City Council to determine its continued validity. If the City determines that the Concept Plan is no longer valid or that the proposed development is no longer viable, then a new Concept Plan (along with a zoning application to amend the PD ordinance and its accompanying Concept Plan) must be submitted for review and approval prior to detailed Site Plan review/approval (and any subsequent issuance of a building permit) for any portion of the PD district.
B.
Site Plan
(detailed) -
Submission and approval of the detailed Site Plan shall be in accordance with Section 39 of this Ordinance, and shall accompany an application for Planned Development zoning if the applicant prefers to submit the detailed Site Plan in lieu of the required Concept Plan. The detailed Site Plan will establish the final plans for development of the Planned Development district (or any portion/lot thereof), and it shall substantially conform to the site layout and development data approved on the Concept Plan (adopted along with the PD ordinance). If a Concept Plan was previously approved for the overall PD district, then a detailed Site Plan (along with the required engineering/architectural site construction plans) may be submitted for only the sections/lots that are proposed for immediate development rather than for the entire PD. If no Concept Plan was approved with the ordinance establishing the PD, then a detailed Site Plan (along with the required engineering/architectural site construction plans) must be submitted for the entire PD, even though only portions of it are proposed for immediate development.
For any single-family or townhouse residential district (A-O,
SF-20, SF-10, SF-8, SF-6, or TH), a Preliminary Plat shall qualify
as the detailed Site Plan.
29.5
APPROVAL
PROCESS AND PROCEDURE:
A.
The procedure for establishing a Planned Development zoning district shall follow the procedures for zoning amendments as set forth in Section 10 of this Ordinance. This procedure shall be expanded to include concurrent consideration and approval (or denial) of the Concept Plan (or Land Study for a residential PD) or the detailed Site Plan (or Preliminary Plat for a residential PD), which is submitted along with the PD zoning request application. The public hearings conducted for, and the subsequent actions taken upon, the PD zoning request shall also include the accompanying Concept Plan/Land Study or detailed Site Plan/Preliminary Plat.
B.
The ordinance establishing the Planned Development zoning district shall not be approved (or adopted) until the accompanying Concept Plan/Land Study or detailed Site Plan/Preliminary Plat is approved by the City Council, and until all other procedural requirements set forth in Section 10 are satisfied.
C.
When a zoning
request for a Planned Development district is being considered, a
written report from the Director (or his designee) discussing the
project's impact upon planning, engineering, water utilities, electric,
sanitation, building inspection, tax, police, fire and traffic, as
well as written comments from applicable public agencies (such as
the school district and/or utility companies), may be submitted to
the Planning and Zoning Commission prior to the Commission making
any recommendations to the City Council. In the event written comments
and advisement are not forthcoming in a reasonable amount of time,
the Commission may, at its discretion, make a recommendation to the
City Council without said comments or advisement.
D.
All Planned
Development zoning districts approved in accordance with the provisions
of this Ordinance in its original form, or by subsequent amendments
thereto, shall be referenced on the Zoning District Map, and a list
of such Planned Development districts, showing the uses permitted
and any other special stipulations of each PD district, shall be maintained
as part of this Ordinance.
29.6
PRIOR
PLANNED DEVELOPMENT ORDINANCES REMAINING IN EFFECT:
Prior to adoption of this Ordinance, the City Council previously
established certain Planned Development districts, some of which are
to be continued in full force and effect. The ordinances or parts
of ordinances approved prior to this Ordinance, shall be carried forth
in full force and effect and are the conditions, restrictions, regulations
and requirements which apply to the respective Planned Development
districts shown on the Zoning District Map as of the effective date
of this Ordinance.
Editor's note–Table 29-1 and the reference to such table in section 29.6 above were omitted from the code. The listing of approved planned development ordinances is maintained in the offices of the city.
(Ordinance O-02-07 adopted 3/19/07)
30.1
SPECIFIC
USES:
The purpose of this overlay district is to allow certain uses
within base zoning districts that, under most circumstances, would
not be compatible with other permitted uses but with certain conditions
and development restrictions may be compatible.
The City Council by an affirmative vote may, after public hearing
and proper notice to all parties affected, and after recommendations
from the Planning and Zoning Commission that the uses are in general
conformance with the intent of the Comprehensive Plan and with general
objectives of the City, and containing such requirements and safeguards
as are necessary to protect adjoining property, authorize certain
uses by a Specific Use Permit (SUP). As a zoning action, issuance
of an SUP shall only apply to real property (i.e., shall not be attached
to any person, business entity, etc.), shall not be transferred from
one property to another (i.e., shall not move if a business operation
relocates), and shall not expire without proper zoning action to rescind
the SUP (i.e., change the zoning to remove the SUP, with appropriate
public notification, public hearing, etc.).
A zoning application for an SUP shall be accompanied by a metes and bounds description and a survey (i.e., drawing) exhibit showing the property for which the SUP is being requested, and by a site plan (see Section 39) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of three hundred feet (300'). The City shall make available application forms specifying drawing requirements. The Director (or his designee), Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and expert evaluation or testimony concerning the location, function and characteristics of any building or use proposed. The site plan shall be reviewed and approved along with the SUP zoning application, and in accordance with Section 39 of this Ordinance.
30.2
SPECIFIC
USE PERMIT REGULATIONS:
A.
In recommending
that a Specific Use Permit for the premises under consideration be
granted, the City shall determine that such uses are harmonious and
adaptable to building structures and uses of abutting property and
other property in the vicinity of the premises under consideration,
and shall make recommendations as to requirements for the paving of
streets, alleys and sidewalks, means of ingress and egress to public
streets, provisions for drainage, adequate off-street parking, screening
and open space, heights of structures, and compatibility of buildings.
In approving a requested SUP, the Planning and Zoning Commission and
City Council may consider any or all of the following:
1.
The use
is harmonious and compatible with surrounding existing uses or proposed
uses;
2.
The activities
requested by the applicant are normally associated with the permitted
uses in the base district;
3.
The nature
of the use is reasonable;
4.
Any negative
impact on the surrounding area has been mitigated; and/or
5.
That any
additional conditions specified ensure that the intent of the district
purposes are being upheld.
B.
In granting
a Specific Use Permit, the Planning and Zoning Commission and City
Council may impose conditions which shall be complied with by the
owner or grantee before a certificate of occupancy may be issued by
the Building Official, or his designee, for use of the building on
such property pursuant to such Specific Use Permit and such conditions
precedent to the granting of the certificate of occupancy. Any special
conditions shall be set forth in writing by the City Council prior
to issuance of the Certificate of Occupancy, and shall be incorporated
into the amending ordinance establishing the SUP.
C.
No Specific
Use Permit shall be granted unless the applicant, owner and grantee
of the Specific Use Permit shall be willing to accept and agree to
be bound by and comply with the written requirements or conditions
of the Specific Use Permit, as incorporated into the amending ordinance
establishing the SUP, and as reviewed by the Planning and Zoning Commission
and approved by the City Council.
D.
A building permit or certificate of occupancy shall be applied for and secured within six (6) months from the time of granting the Specific Use Permit, provided however, that the City Council may authorize one (1) extension of one (1) additional six (6) month period. After a one (1) year period including the one (1) six (6) month extension, if such has been granted by City Council, has elapsed, the Planning and Zoning Commission and City Council may review the site plan for continued validity and compliance. If the site plan is determined to be invalid or no longer viable, then the applicant/property owner(s) must submit a new or revised site plan for approval prior to any construction or to application for a building permit for the area designated for the Specific Use Permit. The new site plan must be resubmitted for review and approval in accordance with Section 39 of this Ordinance. If building construction/use of an SUP has not commenced within a reasonable amount of time after one (1) year, then the City Council, at its option, may initiate proceedings to rescind said SUP for lack of use.
E.
No building,
premise, or land used under a Specific Use Permit may be enlarged,
modified, structurally altered, or otherwise significantly changed
unless an amended Specific Use Permit is granted for such enlargement,
modification, structural alteration, or change.
Minor changes or alterations may be approved by the Director,
or his designee.
F.
The Zoning
Board of Adjustments shall not have jurisdiction to hear, review,
reverse, or modify any decision, determination, or ruling with respect
to the specific land use designated by any Specific Use Permit.
G.
When the
City Council authorizes granting of a Specific Use Permit, the Zoning
District Map shall be amended according to its legend to indicate
that the affected area has conditional and limited uses, and said
amendment is to indicate the appropriate zoning district for the approved
use and prefixed by a "SUP", or "S" designation.
H.
A time limit
may be imposed as a condition upon the granting of an SUP. If a time
limit has been imposed, the SUP automatically terminates when the
time limit expires. Except as otherwise provided in Subsection 30.2.I.;
the applicant shall go through the procedures outlined above in Subsection
30.2.A-30.2G to renew an SUP.
I.
As part of
an SUP ordinance or ordinance amendment, the city council may declare
that an SUP is eligible for automatic renewal pursuant to this subsection.
Automatic renewal is an alternative to the standard method of renewing
an SUP by amending the SUP ordinance. In order for automatic renewal
to occur, the property owner or his representative must file a complete
application for automatic renewal with the director after the 180th
day but before the 120th day before the expiration of the current
SUP time period. If a fee is required, the application is not considered
"filed" until the fee is paid.
1.
Automatic
renewal does not result in an amendment to the SUP ordinance. An applicant
seeking to change the SUP conditions or to otherwise amend the SUP
ordinance must go through the procedures outlined in Subsection (b).
2.
An application
for automatic renewal must be filed with the director on a form furnished
by the city for that purpose. As part of the application, the property
owner or his representative shall state that all existing SUP conditions
have been complied with, and that no changes to the conditions or
other SUP ordinance provisions are being requested.
3.
Failure
to timely file a complete application required under Paragraph (1)
renders the SUP ineligible for automatic renewal. The city council
may, however, reinstate an SUP's eligibility for future automatic
renewals as part of a new SUP ordinance or ordinance amendment.
4.
Upon the
filing of a complete application for automatic renewal, the director
shall send written notice to all owners of real property lying within
200 feet of the area governed by the SUP. The notice must state that
the SUP is eligible for automatic renewal and may be automatically
renewed without further notice.
5.
If the
owners of 20 percent or more of the land within 200 feet of the area
governed by the SUP file a written protest against the automatic renewal
in accordance with this paragraph, the director shall forward the
application to the city plan commission and city council for further
action. Written protests against an automatic renewal must be filed
with the director before 5:00 p.m. of the 21st calendar day after
the date the notice is mailed. A protest sent through the mail must
be received by the director before the deadline. If the deadline falls
on a Saturday, Sunday, or an official city holiday; then the protests
must be filed before noon of the following working day. To the extent
that they do not conflict with this subsection, the provisions of
Section 10.8.D governing written protests in zoning cases apply to
protests filed under this subsection.
6.
After the
deadline for filing written protests has passed, the director shall
review the conditions of the SUP and determine whether the conditions
have been met. If the director determines that the conditions have
not been met, he shall forward the application to the city plan commission
and city council for further action.
7.
"Further
action" as that term is used in Paragraphs (5) and (6) means that
the director shall schedule the application for public hearings before
both the city plan commission and the city council. Notice of the
public hearings must be given as would be required by law for a change
in zoning district classification. The city plan commission shall
make a recommendation to the city council regarding the proposed renewal
based on staff reports, field inspections, and the evidence presented
at its public hearing.
8.
In connection
with an application that has been forwarded to it by the director
pursuant to Paragraph (5) or (6), the city council may:
9.
No renewal
or expiration of an SUP may occur while the application is pending
before the city plan commission or city council. If the application
is pending at the end of the current time period stated in the SUP
ordinance, the time period shall be extended as a matter of law until:
10.
The renewal
of an SUP eligible for automatic renewal occurs as a matter of law
at the end of the current time period as stated in the SUP ordinance,
or as extended pursuant to Subparagraph (9). Unless otherwise specified
in the SUP ordinance, an automatic renewal is for the same time period
as the immediately preceding time period [excluding, if applicable,
extensions pursuant to Subparagraph (9)].
11.
An SUP
that is automatically renewed pursuant to this subsection may continue
to be automatically renewed in perpetuity so long as the owner or
his representative continues to timely file the applications for automatic
renewal required under Section 30.2.I. Failure to timely file this
application during any renewal period renders the SUP ineligible for
further automatic renewal. The city council may, however, reinstate
the SUP's eligibility for future automatic renewals as part of a new
SUP ordinance or ordinance amendment.
12.
This
subsection does not impair the ability of the city plan commission
or city council to call a public hearing on its own motion for the
purpose of passing an amending ordinance to repeal an SUP's eligibility
for automatic renewal, or to supplement, remove, or amend any of the
conditions or other provisions in an SUP ordinance.
30.4
PRIOR
SUP ORDINANCES REMAINING IN EFFECT:
Prior to adoption of this Ordinance, the City Council had established
various SUP's, some of which are to be continued in full force and
effect. The permits or parts of permits approved prior to this Ordinance
shall be carried forth in full force and effect and are the conditions,
restrictions, regulations and requirements which apply to the respective
Specific Use Permits shown on the Zoning District Map as of the effective
date of this Ordinance.
Editor's note–Table 30-1 and the reference to such table in section 30.4 above were omitted from the code. The listing of approved specific use permits ordinances is maintained in the offices of the city.
30.5
SPECIAL
REQUIREMENTS:
(Ordinance O-02-07 adopted 3/19/07; Ordinance O-02-13 adopted 4/22/13)
31.1
GENERAL
PURPOSE AND DESCRIPTION:
The intent of the creation of the Washington Street Corridor
(WSC) is to provide support for the development of a unified area
with a distinct identity as a mixed-use development within the City
of Kaufman. It is intended to approve the aesthetics of the area as
well as aid in the new development of the Corridor.
31.2
ATTRIBUTES
OF THE CORRIDOR OVERLAY:
B.
Development
Standards
2.
Utilities
(underground desired)
3.
Density
Issues
|
Site Area
|
10,000 square feet
|
|
Lot Depth
|
100 feet minimum
|
|
Lot Width
|
75 feet minimum
|
|
Front yard
|
25 feet
|
|
Rear
|
15 feet if adjacent to residential use or zone
|
|
Side
|
15 feet if adjacent to residential use or zone
|
|
Max Height
|
3 stories/45 feet high for main building
|
|
Building Separation
|
10 feet
|
|
Maximum Lot Coverage
|
50%
|
|
Set Backs
|
Special exceptions allowed through the Site Plan process as noted in Section 39
|
C.
Site Layout.
Circulation between development sites shall be required in order
to provide all development sites with street access and to smooth
the flow of traffic both on site and on the public roadways. Joint
access easements between development sites shall be provided. One
(1) curb cut shall be allowed for each seventy-five feet (75') of
frontage, but curb cuts may not be closer than one hundred feet (100')
centerline to centerline.
D.
Landscaping
and Streetscaping
1.
Landscaping
-
each lot shall maintain a minimum of 20% of the site
in landscaping. However, the amount of landscaping may be reduced
by 120 square feet for each additional three (3") inch caliper tree
that is planted. However, in no case shall the landscape area be less
than 15% of the site area. This does not include the trees, which
are required for parking areas or streetscaping. One (1) tree shall
be provided for each 5 parking spaces within the parking lot area.
Irrigation must be supplied for all landscaping.
2.
Streetscaping
-
A minimum of 1 tree shall be planted for each forty
(40) linear feet of frontage. A minimum of fifty (50%) percent must
be large trees as defined in Figure 36-2 - Approved Plant List of
the ordinance. The minimum caliper for street trees shall be three
(3") inches. All trees shall be a species approved by the City of
Kaufman's approved plant list. All trees shall be placed between the
roadway curb line and the parking area or front building line, however
trees shall not be planted closer than ten feet (10') to the curb
line.
3.
A buffer
area shall be placed adjacent to the roadway by placing a minimum
three (3') foot high solid shrub hedge, berm, or combination of these,
but not exceed five feet (5') in height. In no case shall the slope
of a berm exceed 3:1 unless it is being retained on the private property
side of the berm. Railroad ties may not be used for retaining. The
three (3') feet high berm shall be used along the frontage as the
screening method along the roadway, unless prevented due to unique
site conditions. The berm will need to be located at least ten feet
(10') from the edge of pavement.
4.
Sidewalks
shall be placed on both sides of the street and shall be a minimum
of five feet (5') in width.
F.
Signage
2.
Height
limit of six feet (6'). A series of contiguous properties may combine
signage and square foot into a single monument sign. However each
individual property would not be allowed their own individual monument
sign in addition to the combined sign. Signs must be spaced a minimum
of seventy-five feet (75') apart and twenty-five feet (25') from another
lot. Wall signs may be placed on the building and shall not exceed
five (5%) percent of the total area of the elevation.
3.
Monument
Signs are free standing signs located adjacent to the sidewalk independent
of the building. Monument signs shall be set onto a base present a
solid, attractive and well-proportioned appearance that complements
the building design and materials [sic]. Monument signs are not visibly
supported by poles or posts and which is attached directly to the
ground and does not exceed six feet (6') in height measured from the
normal sidewalk grade or highest adjacent existing grade.
G.
Review Process.
Site Plan shall conform to the standards of the City of Kaufman Zoning Ordinance Section 39.
H.
Approved
Uses.
The attached uses charts, labeled as "Exhibit A",
are a summary of uses that are permitted in the Washington Street
Corridor. (Yes = Permitted by Right, SUP = Permitted with a Specific
Use Permit
NOTE: All other uses listed in Section 33 (Use Charts) or otherwise not specifically listed here in Exhibit A are not allowed in the Washington Street Corridor.
|
Washington Street Corridor Use Chart -31.1
| |
|---|---|
|
USE
|
ALLOWED
|
|
Residential Uses
|
|
|
Bed & Breakfast Inn or Facility
|
Yes
|
|
Single Family Dwelling Detached
|
Yes
|
|
Accessory & Incidental Uses
|
|
|
Accessory Building (Residential)
|
Yes
|
|
Outside display of retail items (no overnight display)
|
Yes
|
|
Swimming Pool (Private)
|
Yes
|
|
Tennis Court (Private) (No Lights)
|
Yes
|
|
Utility, Service and Other Uses
|
|
|
Antenna (Non-commercial)
|
SUP
|
|
Fire, Police or Municipal Buildings
|
Yes
|
|
Local Utility Line
|
Yes
|
|
Telephone Business Office
|
Yes
|
|
Municipal Facility or Use
|
Yes
|
|
Recreational & Entertainment
|
|
|
Amusement Arcade
|
SUP
|
|
Amusement, Commercial (Indoor)
|
SUP
|
|
Day Camp for Children
|
SUP
|
|
Park or Playground (Private) Non Commercial
|
SUP
|
|
Park or Playground (Public)
|
Yes
|
|
Private Club
|
Yes
|
|
Theater or Playhouse (Indoor)
|
Yes
|
|
Educational, Institutional & Special Uses
|
|
|
Art Gallery or Museum
|
Yes
|
|
Assisted Living Facility
|
SUP
|
|
Child Care Center / Day Care Center
|
SUP
|
|
Church, Rectory or Temple
|
Yes
|
|
College or University
|
SUP
|
|
Community Center (Public)
|
SUP
|
|
Continuing Care Retirement Community
|
SUP
|
|
Convent or Monastery
|
Yes
|
|
Fraternal Organization, Lodge Union Hall or Civic Club
|
Yes
|
|
Group Day Care Home
|
Yes
|
|
Kindergarten or Nursery School (Private)
|
Yes
|
|
Non-profit Activities by a Church
|
Yes
|
|
Retirement Housing for the Elderly
|
SUP
|
|
School, Trade, Business, Driving
|
SUP
|
|
School, Private
|
Yes
|
|
School, Public or Parochial
|
Yes
|
|
Automobile & Related Uses
|
|
|
Auto Financing and Leasing (No Outdoor Lot or Display)
|
Yes
|
|
Auto Laundry or Car Wash (Attended only)
|
SUP
|
|
Auto Parts and Accessory Sales (Indoor)
|
SUP
|
|
Auto Repair, Minor
|
SUP
|
|
Office & Professional Uses
|
|
|
Financial Institution without Drive-Thru Service
|
Yes
|
|
Financial Institution with Drive-Thru Service
|
SUP
|
|
Medical, Dental, Optician Clinic, Laboratory or Office
|
Yes
|
|
Minor Medical Emergency Clinic
|
Yes
|
|
Offices, General Business and Professional
|
Yes
|
|
Radio or Television Broadcasting Without Tower
|
Yes
|
|
Retail & Service Uses
|
|
|
Antique Shop or Consignment Sales (Indoor Only)
|
Yes
|
|
Appliance Sales & Repair (No outside storage)
|
Yes
|
|
Appliance, Tool/Equipment, or Furniture Rental (Indoor Only)
|
Yes
|
|
Bakery or Confectionery Shop (Retail)
|
Yes
|
|
Banking, Automatic Teller Machine Only
|
Yes
|
|
Cellular Phone / Pager Sales (Indoor)
|
Yes
|
|
Cleaning Shop or Laundry Pick-up (Small Shop) or Self-service
Laundromat
|
Yes
|
|
Custom Personal Service Shop (Barber/Beauty Shop, Tailor, Shoe
Repair, etc.)
|
Yes
|
|
Drug Store or Pharmacy
|
Yes
|
|
Florist Shop
|
Yes
|
|
General Merchandise (Dry Goods) (Indoor Only)
|
Yes
|
|
Medical Appliances, Fitting, Sales or Rental
|
Yes
|
|
Pet Shop or Grooming
|
Yes
|
|
Restaurant with Drive Thru Service
|
SUP
|
|
Restaurant (No Drive-Thru Service)
|
Yes
|
|
Studio, Decorator, Artist, Photographer
|
Yes
|
|
Studio, Health/Reducing/Fitness or Similar Service/Establishment
|
Yes
|
|
Studio, Music, Dance or Drama
|
Yes
|
|
Used Merchandise or Second-Hand Thrift Store
|
SUP
|
|
Veterinarian, Office Only (No Animal Hospital)
|
Yes
|
|
Commercial Uses
|
|
|
Bakery or Confectionery Shop (Wholesale or Commercial)
|
SUP
|
|
Lithographic, Copy or Print Shop
|
SUP
|
|
Office Showroom/Warehouse
|
SUP
|
|
Taxidermist
|
SUP
|
|
WASHINGTON STREET CORRIDOR MAP
 |
(Ordinance O-02-07 adopted 3/19/07)
