13.1
The
City of Krum, Texas is hereby divided into the following zoning districts.
The use, height, area regulations, and other standards, as set out
herein apply to each district. The districts established herein shall
be known as:
|
Abbreviated Designation
|
Zoning District Name
|
|---|---|
|
Base Districts
| |
|
A
|
Agricultural
|
|
SF-R
|
Single-Family Rural Residential (minimum 5-acre lots)
|
|
SF-E
|
Single-Family Estate Residential (minimum 1-acre lots)
|
|
SF-20
|
Single-Family Residential-20 (minimum 20,000-square-foot lots)
|
|
SF-10
|
Single-Family Residential-10 (minimum 10,000-square-foot lots)
|
|
SF-7.5
|
Single-Family Residential-7.5 (minimum 7,500-square-foot lots)
|
|
SF-6
|
Single-Family Residential-6 (minimum 6,000-square-foot lots)
|
|
SF-PH
|
Single-Family Residential-Patio Home (zero-lot-line homes)
|
|
2F
|
Two-Family Residential (duplex homes)
|
|
SF-A
|
Single-Family Attached Residential (townhomes)
|
|
MF-15
|
Multifamily Residential-15 (apartments)
|
|
MH
|
Manufactured Housing
|
|
O
|
Office
|
|
R
|
Retail
|
|
OT
|
Old Town Business
|
|
C
|
Commercial
|
|
LI
|
Light Industrial
|
|
Overlay Districts
| |
|
PD
|
Planned Development
|
|
SUP
|
Specific Use Provision
|
(Ordinance 2015-05-01 adopted 5/4/15)
14.1
GENERAL
PURPOSE AND DESCRIPTION:
The A, Agricultural, district
is designed to permit the use of land for the ranching, 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 initially zoned Agricultural,
and it is anticipated that Agricultural zoned land will eventually
be rezoned to another more permanent zoning classification in the
future. The Agricultural district is also appropriate for areas where
development is premature due to lack of utilities or City services;
to preserve areas that are unsuitable for development due to problems
that may present hazards such as flooding, in which case the Agricultural
zoning designation should be retained until such hazards are mitigated
and the land is rezoned; and to provide permanent greenbelts or to
preserve open space areas as buffers around uses that might otherwise
be objectionable or pose environmental or health hazards.
14.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house.
2.
Forty-five
feet (45') for uninhabited agricultural structures (e.g., barns, silos,
water towers, etc.), provided they are no closer than one hundred
feet (100') from any residential structure on the premises, and they
are set back at least one hundred feet (100') or three (3) times their
height (whichever is greater) from any front, side or rear property
line.
3.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, accessory dwelling units, etc.
14.4
AREA
REGULATIONS:
C.
Maximum
Lot Coverage:
Thirty-five percent (35%) for main buildings;
forty-five percent (45%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand two hundred
(2,200) square feet
14.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house).
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, farm
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one street
(i.e., not a corner lot) shall have a minimum distance of twenty-five
feet (25') from the door face of the garage or carport to the side
property line for maneuvering. The minimum setback from any garage
door to a street or alley right-of-way line shall also be twenty-five
feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the AG district. Any nonresidential land use which may be allowed in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
15.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-R, Single-Family Rural
Residential, district is intended to provide for development of primarily
very-low-density detached, single-family residences on lots of not
less than five (5) acres in size, churches, schools and public parks
in logical, semi-rural neighborhood units. Areas zoned for the SF-R
district shall have, or shall make eventual provision for, City of
Krum water and sewer services. They shall be designed to adequately
accommodate storm drainage; they shall have paved concrete streets
with logical and efficient vehicular circulation patterns which discourage
non-local traffic; they shall be properly buffered from nonresidential
uses; and they shall be protected from pollution and undesirable environmental
and noise impacts.
15.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house.
2.
Forty-five
feet (45') for uninhabited agricultural structures (e.g., barns, silos,
water towers, etc.), provided they are no closer than one hundred
feet (100') from any residential structure on the premises, and they
are set back at least one hundred feet (100') or three (3) times their
height (whichever is greater) from any front, side or rear property
line.
3.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, accessory dwelling units, etc.
15.4
AREA
REGULATIONS:
C.
Maximum
Lot Coverage:
Forty percent (40%) for main buildings;
fifty percent (50%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand two hundred
(2,200) square feet
15.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house)
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, farm
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-R district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
16.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-E, Single-Family Estate
Residential, district is intended to provide for development of primarily
low-density detached, single-family residences on lots of not less
than one acre in size, churches, schools and public parks in logical
neighborhood units. Areas zoned for the SF-E district shall have,
or shall make provision for, City of Krum water and sewer services.
They shall be designed to adequately accommodate storm drainage; they
shall have paved concrete streets with logical and efficient vehicular
circulation patterns which discourage non-local traffic; they shall
be properly buffered from nonresidential uses; and they shall be protected
from pollution and undesirable environmental and noise impacts.
16.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house.
2.
Forty-five
feet (45') for uninhabited agricultural structures (e.g., barns, silos,
water towers, etc.), provided they are no closer than one hundred
feet (100') from any residential structure on the premises, and they
are set back at least one hundred feet (100') or three (3) times their
height (whichever is greater) from any front, side or rear property
line.
3.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, accessory dwelling units, etc.
16.4
AREA
REGULATIONS:
C.
Maximum
Lot Coverage:
Thirty-five percent (35%) for main buildings;
forty-five percent (45%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand two hundred
(2,200) square feet
16.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house).
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, farm
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-E district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
17.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-20, Single-Family Residential-20,
district is intended to provide for development of primarily low-density
detached, single-family residences on lots of not less than 20,000
square feet in size, churches, schools and public parks in logical
neighborhood units. Areas zoned for the SF-20 district shall have,
or shall make provision for, City of Krum water and sewer services.
They shall be designed to adequately accommodate storm drainage; they
shall have paved concrete streets with logical and efficient vehicular
circulation patterns which discourage non-local traffic; they shall
be properly buffered from nonresidential uses; and they shall be protected
from pollution and undesirable environmental and noise impacts.
17.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house.
2.
Forty-five
feet (45') for uninhabited agricultural structures (e.g., barns, silos,
water towers, etc.), provided they are no closer than one hundred
feet (100') from any residential structure on the premises, and they
are set back at least one hundred feet (100') or three (3) times their
height (whichever is greater) from any front, side or rear property
line.
3.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, accessory dwelling units, etc.
17.4
AREA
REGULATIONS:
C.
Maximum
Lot Coverage:
Forty percent (40%) for main buildings;
fifty percent (50%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
Two thousand (2,000)
square feet
17.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house).
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, farm
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-20 district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
18.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-10, Single-Family Residential-10,
district is intended to provide for development of primarily low-density
detached, single-family residences on lots of not less than ten thousand
(10,000) square feet in size, churches, schools and public parks in
logical neighborhood units. Areas zoned for the SF-10 district shall
have, or shall make provision for, City of Krum water and sewer services.
They shall be designed to adequately accommodate storm drainage; they
shall have paved concrete streets with logical and efficient vehicular
circulation patterns which discourage non-local traffic; they shall
be properly buffered from nonresidential uses; and they shall be protected
from pollution and undesirable environmental and noise impacts.
18.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25')
2.
Minimum
Side Yard -
Seven and one-half feet (7.5') for interior
side yard; twenty-five feet (25') from a street right-of-way line
for a key corner lot; fifteen feet (15') from a street right-of-way
line for a non-key corner lot with alley separation
3.
Minimum
Rear Yard -
Fifteen feet (15'); twenty-five feet (25')
from a street right-of-way line
C.
Maximum
Lot Coverage:
Thirty-five percent (35%) for main buildings;
forty percent (40%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
One thousand eight hundred
(1,800) square feet
18.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house).
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-10 district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
19.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-7.5, Single-Family Residential-7.5,
district is intended to provide for development of primarily detached,
single-family residences on smaller and more compact lots of not less
than 7,500 square feet in size, churches, schools and public parks
in logical neighborhood units. Areas zoned for the SF-7.5 district
shall have, or shall make provision for, City of Krum water and sewer
services. They shall be designed to adequately accommodate storm drainage;
they shall have paved concrete streets with logical and efficient
vehicular circulation patterns which discourage non-local traffic;
they shall be properly buffered from nonresidential uses; and they
shall be protected from pollution and undesirable environmental and
noise impacts.
19.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25')
2.
Minimum
Side Yard -
Six feet (6') for interior side yard; twenty-five
feet (25') from a street right-of-way line for a key corner lot; fifteen
feet (15') from a street right-of-way line for a non-key corner lot
with alley separation
3.
Minimum
Rear Yard -
Ten feet (10'); twenty-five feet (25') from
a street right-of-way line
C.
Maximum
Lot Coverage:
Forty percent (40%) for main buildings;
fifty percent (50%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
One thousand eight hundred
(1,800) square feet
19.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
be parked and stored on a paved, hard surface behind the front building
facade of the main structure (i.e., the house).
B.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-7.5 district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
20.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-6, Single-Family Residential-6,
district was originally intended to provide for development of primarily
detached, single-family residences on small, compact lots of not less
than 6,000 square feet in size, churches, schools and public parks
in logical neighborhood units. Areas zoned for the SF-6 district shall
have City of Krum water and sewer services. They shall be designed
to adequately accommodate storm drainage; they shall have paved concrete
streets with logical and efficient vehicular circulation patterns
which discourage non-local traffic; they shall be properly buffered
from nonresidential uses; and they shall be protected from pollution
and undesirable environmental and noise impacts.
20.4
AREA
REGULATIONS:
A.
Size
of Lots:
1.
Minimum
Lot Area -
Six thousand (6,000) square feet; also, the
minimum average lot area shall be seven thousand (7,000) square feet
in order to provide diversity in lot sizes within each SF-6 neighborhood;
maximum density five and one-half (5.5) dwelling units per acre
2.
Minimum
Lot Width -
Sixty feet (60')
3.
Minimum
Lot Depth -
One hundred feet (100')
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25')
2.
Minimum
Side Yard -
Six feet (6') for interior side yard; twenty-five
feet (25') from a street right-of-way line for a key corner lot; fifteen
feet (15') from a street right-of-way line for a non-key corner lot
with alley separation
3.
Minimum
Rear Yard -
Ten feet (10'); twenty-five feet (25') from
a street right-of-way line
C.
Maximum
Lot Coverage:
Forty percent (40%) for main buildings;
fifty percent (50%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus two (2) additional parking spaces on a paved driveway
having a minimum length of twenty-five feet (25') as measured from
the street right-of-way line
E.
Minimum
Floor Area per Dwelling Unit -
One thousand two hundred
(1,200) square feet
20.5
SPECIAL
REQUIREMENTS:
A.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored on
any residential lot or premises in the SF-6 district, nor may they
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 parcels of five (5) or more acres.
C.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
D.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
E.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
G.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-6 district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
21.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-PH, Single-Family Residential-Patio
Home, district is designed to provide for development of primarily
detached single-family residences on compact lots having one side
yard reduced to zero feet (i.e., “zero-lot-line”), and
having not less than four thousand five hundred (4,500) square feet.
Patio home developments shall be arranged in a clustered lot pattern
with a common usable open space system that is an integral part of
the development. Areas zoned for the SF-PH district shall have City
of Krum water and sewer services. They shall be designed to adequately
accommodate storm drainage; they shall have paved concrete streets
with logical and efficient vehicular circulation patterns which discourage
non-local traffic; they shall be properly buffered from nonresidential
uses; and they shall be protected from pollution and undesirable environmental
and noise impacts.
21.4
AREA
REGULATIONS:
A.
Size
of Lots:
1.
Minimum
Lot Area -
Four thousand five hundred (4,500) square
feet; also, the minimum average lot area shall be five thousand two
hundred (5,200) square feet in order to provide diversity in lot sizes
within each SF-PH neighborhood; maximum density six and one-half (6.5)
dwelling units per acre
2.
Maximum
Project Size -
The maximum size of a patio home development
shall be forty (40) acres
3.
Minimum
Lot Width -
Forty-five feet (45')
4.
Minimum
Lot Depth -
Ninety feet (90')
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty feet (20'); twenty-five feet (25')
to the garage door face for front-entry homes
2.
Minimum
Side Yard -
One side yard reduced to zero feet (0');
other side yard a minimum of ten feet (10') required, but twenty-five
feet (25') from a street right-of-way line shall be required for a
key corner lot, or fifteen feet (15') from a street right-of-way line
shall be required for a non-key corner lot with alley separation
3.
Minimum
Rear Yard -
Ten feet (10'); twenty-five feet (25') for
rear garage entry and from any street or alley right-of-way line
C.
Maximum
Lot Coverage:
Fifty percent (50%) for main buildings;
sixty-five percent (65%) for main buildings and all accessory buildings
combined
D.
Parking
Regulations:
1.
Single-Family
Dwelling Unit -
A minimum of two (2) enclosed parking
spaces behind the front building line on the same lot as the main
structure, plus at least one (1) additional parking space on a paved
driveway
2.
Visitor
Parking -
One-half (0.5) parking space per dwelling
unit (off-street) which is located within six hundred feet (600')
of the front door of dwelling unit
E.
Minimum
Floor Area per Dwelling Unit -
One thousand two hundred
(1,200) square feet
21.5
SPECIAL
REQUIREMENTS:
A.
Patio
home developments shall be developed as zero-lot-line homes. One side
yard shall be reduced to zero feet, while the other side yard shall
be a minimum of ten feet (10', or must be larger if adjacent to a
street per Section 21.4.B.2 above). 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/her 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 unless a larger separation is otherwise required by the City’s
building or fire codes. Roof overhangs will be allowed to project
into the maintenance easement a maximum of twenty-four inches (24").
B.
Maintenance
Requirements for Common Areas -
A property owners’
association is required for continued maintenance of common land and
facilities.
C.
Usable
Open Space Requirements -
Except as provided below,
a patio home development shall provide usable open space which equals
or exceeds ten percent (10%) of the development’s gross platted
area, excluding rights-of-way for collector and larger sized streets.
Usable open space shall not be required for a patio home development
if it contains twenty (20) or fewer lots, 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 allow 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.
D.
Specific
Criteria for Usable Open Space -
Areas provided as usable
open space shall meet the following criteria:
1.
All
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 recommend, and City Council may allow, this
distance to be increased to up to one thousand two hundred feet (1,200')
if the shape of the subdivision is irregular or if existing trees
or other natural features 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. Usable open space must be a minimum of fifty
feet (50') wide, and must have no slope greater than ten percent (10%).
At the time of site plan and subdivision plat approval, the Planning
and Zoning Commission may recommend, and the City Council may allow,
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
the surrounding area.
3.
Pools,
tennis courts, walkways, patios and similar outdoor amenities may
be located within areas designated as usable 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 usable open space.
4.
Within usable open space areas, there shall be at least one (1) large shade 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, and at least twenty-five percent (25%) of the trees shall be non-deciduous (for qualifying tree species, see Section 50 for the City’s Approved Plant List).
5.
A
usable open space area must have street frontage on at least thirty-three
percent (33%) of the area’s perimeter to ensure that the area
is accessible to residents of the subdivision.
6.
Usable
open space areas must be easily viewed from adjacent streets and homes.
Side or rear yard fences along common open space areas shall be of
open, wrought iron design, and shall not exceed four feet (4') in
height adjacent to the open space and for a distance of ten feet (10')
perpendicular or radial to the open space area.
E.
Credit
for Off-Site Open Space -
At the time of site plan and
subdivision plat approval, the Planning and Zoning Commission may
recommend, and the 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 City Council. The guidelines below may assist in considering
if credit is appropriate:
1.
Adjacency
-
Is at least fifteen percent (15%) of the patio home
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 and accessible by residents?
4.
Design
Integration -
Does the design of the development provide
a significant visual and pedestrian connection to the park or other
open space 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.
Single-family
lots and detached dwellings constructed in this district shall conform
to the standards as set forth in the SF-6 zoning district.
H.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
I.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored on
any residential lot or premises in the SF-PH district, nor may they
be used for on-site dwelling purposes.
J.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
K.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
L.
Single-family
homes with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
N.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-PH district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
22.1
GENERAL
PURPOSE AND DESCRIPTION:
The 2F, Two-Family Residential,
district is intended to promote stable, quality multiple-occupancy
residential development at slightly increased densities. Individual
ownership of each of the two-family or duplex units is encouraged.
This district may be included within single-family neighborhoods or,
when in accordance with the intent of the Comprehensive Plan, may
provide a “buffer” or transition district between lower
density residential areas and higher density or nonresidential areas
or major thoroughfares. Areas zoned for the 2F district shall have
City of Krum water and sewer services. They shall be designed to adequately
accommodate storm drainage; they shall have paved concrete streets
with logical and efficient vehicular circulation patterns which discourage
non-local traffic; they shall be properly buffered from nonresidential
uses; and they shall be protected from pollution and undesirable environmental
and noise impacts.
22.4
AREA
REGULATIONS:
A.
Size
of Lots for Two-Family/Duplex Homes:
1.
Minimum
Lot Area -
Ten thousand (10,000) square feet per duplex
lot (i.e., five thousand (5,000) square feet of lot area per dwelling
unit), with the smallest half-lot being no less than four thousand
five hundred (4,500) square feet; maximum density three and one-half
(3.5) dwelling units per acre
2.
Minimum
Lot Width -
Seventy-five feet (75') for each duplex
lot (i.e., thirty-seven and one-half feet (37.5') of lot width per
dwelling unit)
3.
Minimum
Lot Depth -
One hundred feet (100')
C.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25')
2.
Minimum
Side Yard -
One side yard reduced to zero feet (0')
where the duplex units join; other side yards a minimum of seven and
one-half feet (7.5') required, but twenty-five feet (25') from a street
right-of-way line shall be required for a key corner lot, or fifteen
feet (15') from a street right-of-way line shall be required for a
non-key corner lot with alley separation
3.
Minimum
Rear Yard -
Ten feet (10'); twenty-five feet (25') for
rear garage entry and from any street or alley right-of-way line
D.
Maximum
Lot Coverage:
1.
Two-Family/Duplex
Homes -
Forty percent (40%) for main buildings (i.e.,
for each pair of buildings, as well as for each building on its own
lot); fifty percent (50%) for main buildings and all accessory buildings
combined (i.e., on each individual lot and on each pair of lots)
2.
Single-Family
Detached Homes -
Same as SF-7.5 district
E.
Parking
Regulations:
1.
Two-Family/Duplex
Homes or Single-Family Detached Homes -
A minimum of
two (2) enclosed parking spaces for each dwelling unit behind the
front building line and on the same lot as each dwelling unit, plus
two (2) additional parking spaces on a paved driveway having a minimum
length of twenty-five feet (25') as measured from the street right-of-way
line
22.5
SPECIAL
REQUIREMENTS:
A.
Single-family
lots and detached dwellings constructed in this district shall conform
to the standards as set forth in the SF-7.5 zoning district.
B.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
C.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored on
any residential lot or premises in the 2F district, nor may they be
used for on-site dwelling purposes.
D.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
E.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
F.
Single-family
and two-family homes with side-entry garages where lot frontage is
only to one 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. The minimum setback from any garage
door to a street or alley right-of-way line shall also be twenty-five
feet (25').
G.
A private amenity center with a swimming pool shall be provided in duplex developments of fifty (50) or more duplex dwelling units (not applicable for single-family detached lots/units). See Subsection 47 [47.3] for additional pool requirements.
H.
Site plan approval (see Section 12) shall be required for any nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the 2F district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
23.1
GENERAL
PURPOSE AND DESCRIPTION:
The SF-A, Single-Family Attached
Residential, district is intended to promote stable, quality, attached-occupancy
residential development on individual lots at higher residential densities.
Individual ownership of each lot and dwelling unit is encouraged.
This district may be included within certain areas of neighborhoods
or, when in accordance with the intent of the Comprehensive Plan,
may provide a “buffer” or transition district between
lower density residential areas and multifamily or nonresidential
areas or major thoroughfares. Areas zoned for the SF-A district shall
have City of Krum water and sewer services. They shall be designed
to adequately accommodate storm drainage; they shall have paved concrete
streets with logical and efficient vehicular circulation patterns
which discourage non-local traffic; they shall be properly buffered
from nonresidential uses; and they shall be protected from pollution
and undesirable environmental and noise impacts.
23.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house;
where a structure exceeds twenty-five feet (25') in height, it shall
be set back from the front property line one (1) additional foot beyond
the required front yard setback for each foot above twenty-five feet
(25') in height.
2.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, carports, gazebo, clubhouse, mail kiosks, etc.
23.4
AREA
REGULATIONS:
A.
Size
of Lots:
1.
Minimum
Lot Area -
Three thousand five hundred (3,500) square
feet
2.
Maximum
Density -
Eight (8) units per gross acre of land area
within the development
3.
Minimum
Project Size -
The minimum size of a single-family attached
residential development shall be five (5) acres
4.
Maximum
Project Size -
The maximum size of a single-family attached
residential development shall be fifteen (15) acres
5.
Minimum
Lot Width -
Thirty-five feet (35')
6.
Minimum
Lot Depth -
Ninety feet (90'), except one hundred and
ten feet (110') for SF-A lots that back up to an existing or future
major or minor arterial
B.
Size
of Yards:
1.
Minimum
Front Yard -
Fifteen feet (15'); front yard setback
shall be staggered in at least four-foot (4') increments such that
no more than two (2) units have the same front setback in a row, and
such that at least 30% of the lots along any block face are set back
at least twenty-three feet (23'), at least 30% of the lots are set
back at least nineteen feet (19'), and no more than 40% of the lots
use the minimum fifteen-foot (15') front setback; no front-entry garages
allowed in an SF-A development.
2.
Minimum
Side Yard
a.
Single-family attached dwellings shall not have an interior side
yard; however, a minimum twenty-five [foot] (25') side yard shall
be required for a key corner lot adjacent to a street right-of-way
line, and a minimum fifteen-foot (15') side yard shall be required
for a non-key corner lot with alley separation. The ends of any two
adjacent building complexes or rows of buildings shall be at least
twenty feet (20') apart. The required side yards shall be designated
upon a final plat approved by the City Council.
b.
A complex or continuous row of attached single-family dwellings shall
have a minimum length of three (3) dwelling units (triplex), a maximum
length of seven (7) dwelling units, and shall not exceed two hundred
fifty feet (250') in length.
3.
Minimum
Rear Yard -
Ten feet (10'); twenty-five feet (25') from
any street or alley right-of-way line for driveway/garage door only
C.
Maximum
Lot Coverage:
Sixty percent (60%) for the main building
on each individual lot; seventy percent (70%) for the main building
and all accessory buildings combined
D.
Parking
Regulations:
1.
A minimum of two (2) enclosed parking spaces for each dwelling unit, located behind, beside or incorporated into the dwelling unit, and accessed only from the rear via an alley, and located on the same lot as each dwelling unit (see Section 38, Off-Street Parking and Loading Requirements).
2.
Designated
visitor parking spaces shall also be provided in off-street, common
areas at a ratio of one (1) guest/visitor space per two (2) units.
3.
Additional
parking shall also be required for any recreational uses, clubhouse,
office, sales offices and other similar accessory structures and uses.
23.5
SPECIAL
REQUIREMENTS:
A.
Usable
Open Space Requirements -
Except as provided below,
any single-family attached development shall provide usable open space
which equals or exceeds twenty percent (20%) of the gross platted
area, excluding rights-of-way for collector and larger sized streets.
Usable open space shall not be required for a single-family attached
development if it contains twenty (20) or fewer lots, 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 single-family attached homes or is restricted by zoning to not
permit single-family attached 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. Usable open space areas shall be in conformance with
Subsections 21.5D and 21.5E.
B.
Maintenance
Requirements for Common Areas -
A property owners’
association is required for continued maintenance of common land and
facilities.
C.
Alleys
-
Each attached dwelling unit within the SF-A district
shall be rear-entry only from an alley that is constructed along with
the rest of the subdivision (i.e., at the same time as the streets,
utilities, etc.) and that is in conformance with the City’s
design standards for alleys.
D.
Refuse
Facilities -
Every single-family attached dwelling unit
shall be located within one hundred feet (100') of a refuse facility,
measured along the designated pedestrian and vehicular travel way,
and at least six (6) cubic yards of refuse container volume shall
be provided for every thirty (30) dwelling units (or portion thereof).
A refuse facility shall be a dumpster or other similar container designed
for receiving garbage in bulk for more than one dwelling, and all
refuse containers shall be maintained in accordance with local public
health and sanitary regulations. Refuse containers shall be located
no closer than thirty feet (30') to any adjacent single-family property,
shall be located so as to provide safe and convenient pickup by refuse
collection agencies, and shall be screened in accordance with Subsection
41.2.G of this Ordinance. (See Illustration 4.A of Appendix A.4 of
this Ordinance for refuse container enclosure diagrams.)[1]
[1]
Editor’s note–The Appendix is included as an attachment
to this exhibit.
E.
All
utilities shall be provided separately to each lot within an SF-A
district so that each unit is individually metered, and all utilities
shall be placed underground (except for pad-mounted transformers and
major transmission lines).
F.
A private amenity center with a swimming pool shall be provided in single-family attached developments of fifty (50) or more units. See Subsection 47 [47.3] for additional pool requirements.
G.
Single-family
detached dwellings (and their respective lots) constructed within
this district shall conform to the standards as set forth in the SF-6
district.
H.
Each
SF-A lot shall contain a private yard with not less than four hundred
(400) square feet of area (i.e., a back yard or large side yard).
Private yards may include a patio cover, gazebo or other similar non-enclosed
structure which does not cover more than twenty-five percent (25%)
of the area of the private yard, and they may also include a swimming
pool, swing set, play fort, or other private leisure amenity.
I.
The
elimination of a garage space by enclosing the garage with a stationary
building wall shall be prohibited unless another enclosed garage of
the same size (i.e., that has the same number of parking spaces) is
built elsewhere on the lot within the proper setbacks, not exceeding
the maximum lot coverage, etc.
J.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored on
any residential lot or premises in the SF-A district, nor may they
be used for on-site dwelling purposes.
K.
Electrical
fencing and barbed wire is prohibited as perimeter fencing except
for containment of farm animals on parcels of five (5) or more acres.
L.
Open
storage is prohibited (except for usable materials for the resident’s
personal use or consumption such as firewood, garden materials, lawn
equipment that is in usable and running condition, etc., which cannot
be stored in any required setback and which shall be screened from
view of public streets and neighboring properties).
M.
Homes
with side-entry garages where lot frontage is only to one 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. The minimum setback from any garage door to a street
or alley right-of-way line shall also be twenty-five feet (25').
N.
Site plan approval (see Section 12) shall be required for any single-family attached or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the SF-A district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15)
24.1
GENERAL
PURPOSE AND DESCRIPTION:
The MF-15, Multifamily Residential-15,
district is an attached residential district intended to provide the
highest residential density of fifteen (15) dwelling units per acre.
The principal permitted land uses will include low- and mid-rise multiple-family
dwellings and garden apartments. Low-intensity 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
nonresidential development or heavy automobile traffic and medium-
or low-density residential development. Areas zoned for the MF-15
district shall have City of Krum water and sewer services. They shall
be designed to adequately accommodate storm drainage; they shall have
paved concrete drive aisles with logical and efficient vehicular circulation
patterns; they shall be properly buffered from nonresidential uses;
and they shall be protected from pollution and undesirable environmental
and noise impacts.
24.3
HEIGHT
REGULATIONS:
A.
Maximum
Height:
1.
Two
(2) stories, or thirty-five feet (35') for the main building/house;
where a structure exceeds twenty-five feet (25') in height, it shall
be set back from the front property line one (1) additional foot beyond
the required front yard setback for each foot above twenty-five feet
(25') in height.
2.
Eighteen
feet (18') for other accessory buildings, including detached garage,
garden shed, carports, gazebo, clubhouse, mail kiosks, laundry rooms,
etc.
24.4
AREA
REGULATIONS:
A.
Size
of Lots:
1.
Minimum
Lot Area -
Fifteen thousand (15,000) square feet, with
at least three thousand (3,000) square feet per building, and not
to exceed fifteen (15) dwelling units per acre (calculated on gross
acreage).
2.
Minimum
Lot Width -
Seventy-five feet (75')
3.
Minimum
Lot Depth -
One hundred twenty feet (120')
4.
Special
Exception -
If a property was platted or zoned for MF-15
prior to the effective date of this Ordinance, then it can remain
its original size and configuration and does not have to meet the
minimum project size, lot width or lot depth stated above. The property
shall conform to all other MF-15 development standards herein, unless
the building setbacks shown on a recorded plat vary from those contained
herein, in which case the platted setbacks shall prevail unless a
replat modifies same.
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25'). All areas adjacent to a street shall be deemed front yards. See Section 43 for additional setback requirements.
2.
Minimum
Side and Rear Yard -
Twenty feet (20'), unless adjacent
to a single-family, duplex, patio home or single-family attached district
then side and rear setbacks shall be according to the height of the
multifamily building, as follows:
3.
Building
Separation:
a.
One-story buildings -
Fifteen feet (15') for buildings
without openings; twenty feet (20') for buildings with openings
b.
Two-story buildings (or a two-story building adjacent to a one-story
building) -
Twenty feet (20') for buildings without
openings; twenty-five feet (25') for buildings with openings
C.
Minimum
Floor Area per Dwelling Unit:
1.
Efficiency
unit -
Five hundred (500) square feet per unit.
2.
One-bedroom
unit -
Six hundred fifty (650) square feet per unit.
3.
Two-
or more bedroom unit -
Eight hundred (800) square feet
for the first two bedrooms, plus an additional one hundred fifty (150)
square feet for every bedroom over two (e.g., three-bedroom unit must
have 950 square feet, etc.).
D.
Maximum
Lot Coverage:
Forty percent (40%) total, including main
buildings and all accessory buildings combined
E.
Parking
Regulations:
1.
For locations or a portion of a location with Short-Term Rentals
(STR), parking spaces for these units must comply with Sections 25.04(K)
and 25.04(L) relative to the number, type, and occupancy of STR units.
2.
For Locations without Short-Term Rental units, the parking requirements
below shall apply:
a.
1.5 spaces for each efficiency or one-bedroom unit.
b.
2 spaces for each two-bedroom unit.
c.
2.5 spaces for each three-bedroom unit.
d.
3 spaces for each four- or more bedroom unit.
e.
The average number of parking spaces for the total development
shall be no less than two (2) spaces per dwelling unit, at least one
(1) of which shall be enclosed (i.e., garage) for each dwelling unit.
f.
No parking space may be located closer than six feet (6')
from any building, nor closer than two feet (2') from any side
or rear lot line.
g.
All parking areas adjacent to public streets shall be screened
from view. Screening may be in the form of live plant materials, berms,
low masonry walls that match the exterior finish of main buildings,
or any combination of the above.
24.5
SPECIAL
REQUIREMENTS:
A.
Usable
Open Space Requirements -
Except as provided below,
a multifamily development shall provide usable open space which equals
or exceeds fifteen percent (15%) of the total lot area. Usable open
space areas shall be in conformance with Subsections 21.5D and 21.5E.
B.
Landscape
Area Requirements -
A minimum of twenty percent (20%) of the total lot area shall be devoted to a combination of landscaping (i.e., pervious surface area) and usable open space (see above). See Section 39 for landscaping requirements.
C.
Refuse
Facilities -
Every multifamily dwelling unit shall be
located within two hundred feet (200') of a refuse facility, measured
along the designated pedestrian travel way, and at least six (6) cubic
yards of refuse container volume shall be provided for every thirty
(30) dwelling units (or portion thereof). A refuse facility shall
be a dumpster or other similar container designed for receiving garbage
in bulk for more than one dwelling, and all refuse containers shall
be maintained in accordance with local public health and sanitary
regulations. Refuse containers shall be located no closer than thirty
feet (30') to any adjacent single-family property, shall be located
so as to provide safe and convenient pickup by refuse collection agencies,
and shall be screened in accordance with Subsection 41.2.G of this
Ordinance. (See Illustration 4.A of Appendix A.4 of this Ordinance
for refuse container enclosure diagrams.)[1]
[1]
Editor’s note–The Appendix is included as an attachment
to this exhibit.
E.
A swimming pool shall be provided in multifamily developments of fifty (50) or more units. See Section 47 [47.3] for additional pool requirements.
F.
One
playground area containing at least five (5) pieces of play equipment
shall be provided for every one hundred (100) dwelling units, or fraction
thereof. The playground equipment shall be of heavy duty construction,
such as is normally used in public parks or on public school playgrounds.
G.
Single-family,
duplex, patio home, or townhouse residential units constructed in
this district shall conform to SF-6, 2F, SF-PH or SF-A district standards,
respectively.
H.
Recreational
vehicles, travel trailers, motor homes and other types of vehicles
and trailers may not be used for on-site dwelling purposes, and shall
only be allowed to be parked and stored on-site within a specially
designated area(s) on a paved, hard surface behind the front building
facade of the main structure (i.e., the apartment building).
I.
Open
storage is prohibited.
J.
All
points on the exterior facades of all buildings shall be within one
hundred fifty feet (150') of a dedicated fire lane easement (as measured
by an unobstructed pathway, or route, for fire hoses).
K.
A four-foot
(4') wide paved walkway shall connect the front door of each ground
floor unit to a parking area. The minimum width of any sidewalk adjacent
to head-in parking spaces shall be six feet (6') to accommodate a
two-foot (2') bumper overhang for vehicles.
L.
Buildings
shall not exceed two hundred feet (200') in length.
M.
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.
N.
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.
O.
All
parking areas shall have appropriate lighting and shall be positioned
such that no light adversely impacts adjacent residential areas.
P.
Site plan approval (see Section 12) shall be required for any multifamily or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MF-15 district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
(Ordinance 2015-05-01 adopted 5/4/15; Ordinance
2024-809 adopted 4/1/2024)
25.02
HOSTING SERVICES: A hosting platform or booking service cannot advertise
or facilitate the rental of a short-term rental unless such unit is
permitted by a current short-term rental operating permit. Any hosting
platform or booking service must provide the City of Krum with a regular,
written report on all short-term rental revenue collected for short-term
rentals in the City. Said reports must also include details of all
hotel occupancy taxes collected and remitted as to short-term rentals
in the City. Said reports must be submitted at least once a quarter
per calendar year.
25.03
OPERATING PERMIT APPLICATION: The permit application requirements
for a Short-term rental operating permit are as follows:
A.
A two-year (2-year) operating permit application fee per schedule in Appendix A shall be required for the Short-term Rental operating permit.
B.
The application shall be on an official form supplied
by the City of Krum and shall be submitted in time, place and manner
as required by the City.
C.
The application shall contain the following information
for the Property Owner/Operator and must be kept current and update
when changes happen:
D.
Should the operator not be an individual, then in
addition to Subsection C above [the] following information shall be
required:
E.
The name, address, and 24-hour telephone number
of a management agency, agent, or local person authorized and able
to be contacted for incident reporting if this is not the owner or
operator shall be identified and current. Said authorized personnel
shall respond within sixty (60) minutes of being contacted.
F.
The name and website linked to all internet platforms
on which the operator advertises or take reservations for lodging
at the short-term rental at any time during a 24-month period from
the date of application, including the identity of any booking service
or hosting platform utilized for such short-term rental shall be listed
and kept current.
G.
All applicable ad valorum, hotel occupancy, and
sales taxes must be paid in full, current, and not in a delinquent
status or under a repayment plan for previous delinquencies. Proof
of such including applicable tax certificates and/or receipts must
be provided at the time of a permit request or within ten (10) days
of a request by a City Official.
H.
The total number of units and bedrooms of the proposed
Short-term rental(s) shall be listed.
I.
Proof of general liability insurance in an amount
of not less than two million ($2,000,000.00) per occurrence issued
by a company or companies licensed to operate in the State of Texas
with a minimum A- rating by AM Best throughout the term of the policy
shall be provided.
J.
A copy of the house rules that the operator requires
the renters to follow which must follow this ordinance shall be provided
to the City at the time of application.
K.
The operator must notify the City of Krum in writing
of any material change in the information contained in the application
for an operating permit within seven (7) days of the change, including
but not limited to a change of ownership; management; and advertisements
hosted on internet platforms.
L.
All available off-street parking shall be identified
and agreements with adjacent or nearby properties for shared parking
to service the short-term rental(s) shall be copied and included in
the application.
M.
Any other certifications or information deemed necessary
by the City to establish proof of compliance shall be furnished.
25.04
GENERAL REGULATIONS:
A.
The operator of a Short-term rental must be the
owner of the property or the representative of the owner. Subleasing
all or a portion of the dwelling is prohibited.
B.
Multifamily Short-term rentals cannot be located
within one hundred feet of any property zoned or with a base zoning
district of A, SF-6, SF-7.5, SF-10, SF-E or SF-R.
C.
Short-term rentals are only allowed in multifamily
complexes with at least four (4) units.
D.
Multifamily Short-term rentals can occupy no more
than twenty-five percent (25%) of the available units.
E.
During the time the Short-term rental is taking
place, the renters of the unit need to maintain a common household.
Therefore, internal doors cannot have key locks that exclude renters
of the property from any rooms. Everyone using the rental unit must
have complete unrestricted access to the entirety of the rental.
F.
The operator of the Short-term rental cannot either
directly or indirectly allow the property to be physically converted
to add bedrooms. Once the property has been registered with the City
as a Short-term rental, that property cannot add any bedrooms.
G.
A Short-term rental cannot be occupied or utilized
by more than two (2) people per bedroom or twelve (12) persons overall
during any given rental period.
H.
Guests on the property may not exceed seventy-five
percent (75%) of the maximum number of overnight occupants at any
time.
I.
A Short-term rental cannot be advertised to or host
more than twelve (12) people staying overnight at the property with
a maximum occupancy of two (2) people per bedroom.
J.
There can be no outside congregation at a short-term
rental between 11:00 p.m. and 7:00 a.m.
L.
On-street parking is prohibited for any renters
or guests of a Short-term rental.
M.
A Short-term rental must be available for a minimum
rental period of twenty-four (24) hours.
N.
Permit Suspension or Revocation.
The
City reserves the right to suspend or revoke a Short-term rental operating
permit in the event the operator or address accrues three or more
violations of this ordinance or any other ordinance of the City of
Krum during a calendar year. A violation shall include any written
notice of violation, citation, or other or other documentation of
a violation. Additionally, the City may suspend or revoke a Short-term
rental permit in the event of any single, severe ordinance or criminal
violation, including but not limited to criminal arrests. Such determinations
may be made by the Director of Development Services. These remedies
are in addition to all other remedies and enforcement options available
to the City, including but not limited to the issuance of citations
and/or the filing of suit pursuant to Chapter 54 of the Local Government
Code.
O.
In the event of the revocation of a Short-term Rental
operating permit, the operator cannot apply for any additional Short-term
rental operating permits for two (2) years.
P.
The owner and/or operator of a Short-term rental
must sign a waiver and/or authorization for entry and inspection by
the Building and Fire Code Officials, and authorized enforcement officers
of the City of Krum for the purpose of inspection to verify compliance
with this Ordinance.
25.05
HEALTH AND SAFETY: All Short-term Rental units shall:
A.
Post a layout and diagram of the unit on the main
entrance door of each unit showing emergency exits and exit routes.
B.
Provide an ABC Dry Chemical fire extinguisher in
each unit in any kitchen or room with cooking facilities.
C.
Install fire, smoke, and carbon monoxide detectors
and/or alarms as may apply to Hotel/Motel occupancies in accordance
with the currently approved City Building and Fire Codes.
D.
Install CFCI outlets located within six (6) feet
of a water source.
E.
Any swimming pool, hot tub or spa to which guests
have access shall meet barrier requirements of the ICC 2018 ISPSC
as amended or the most currently adopted version of same.
F.
Post unit rules in a prominent location near the
front entrance. Such rules must include:
1.
Notification of the maximum number of day and overnight
guests allowed.
2.
Notification that occupants and guests are required
to make the dwelling available for inspection by Code officials and
enforcement officers of the City of Krum upon request.
3.
Notification of parking restrictions, prohibitions
against creating a public disturbance or noise violation, and the
contact information for the responsible party relating to 24-hour
that occupants and guests are required to make the dwelling unit shall
refrain from and are responsible for excessive noise, disturbances
or the creation of are responsible to prevent disturbances.
G.
Provide trash receptacles and empty all trash at
least weekly or between each separate guest stay.
H.
Remove, clean, and replace all bed linens, towels,
and washcloths between each guest stay.
I.
Provide professional pest and rodent treatments
by licensed providers and/or removal services at least twice per year,
or once each 180 days and immediately after any substantiated reports
of infestation of cockroaches, fleas, ticks, bedbugs, rodents, or
similar pests which may be disease vectors. Records, receipts, and
documentation of such treatments must be retained and made available
to City officials upon request for a minimum of two years following
each such treatment.
25.06
[RESERVED]
25.07
DENIAL SUSPENSION OR REVOCATION OF PERMIT: If a Short-term rental
operating permit is denied, suspended, or revoked, the applicant or
operator can appeal to the City of Krum Mayor's office within
thirty (30) days of receiving notice that that permit was suspended,
revoked, or denied. The final decision of the Mayor can be appealed
to the Board of Zoning Adjustments. During any such appeal, the applicant
shall not be authorized to operate the Short-term rental.
25.08
VESTED RIGHTS OR NONCONFORMING USES CLAIM REGISTRATION AND PROCESSING:
A.
Not later than ninety (90) days after the effective
date of this ordinance adopted April 1, 2024 each owner of a property
located within the City of Krum operating a Short-term rental or claiming
to have made an investment for the purpose of establishing a Short-term
Rental shall register such claim with the City Secretary.
B.
The owner of a Short-term rental or property intended
for this use shall as a minimum provide the following information
in this registration:
1.
Name address telephone number and email of the owner
or owners or the property.
2.
The location, street address, unit number, building,
structure identification, property ID, or other information necessary
to positively identify the location of the property building unit.
3.
The existing or planned building size (sq ft), number
of units, size of units, location of the building and/or units on
the property in relation to major features of the property.
4.
The date on which the property was purchased by
the owner and the date or dates existing buildings were constructed
or modified or the dates such construction or modification was planned
to begin.
5.
Other documents, contracts, communications, receipts,
drawings, plans, or other relevant evidence relating to the existing
or planned Short-term rental use costs and/or investment-based return
expectations of the project.
6.
A sworn statement from each owner under oath that
the facts set forth and the information contained therein are true
and correct.
C.
Failure to register a claim of a vested right or
nonconforming use status within the authorized 90 days shall be considered
a priori evidence that such claims are unsubstantiated.
D.
After receipt of a complete registration a hearing
before the Board of Adjustments (BOA) shall be convened to determine
the validity of any such claim for possible action as a Special Exception.
(Ordinance 2024-809 adopted 4/1/2024)
26.1
GENERAL
PURPOSE AND DESCRIPTION:
The MH, Manufactured Home, district
is a detached residential district establishing standards for the
development of manufactured home parks and subdivisions. Manufactured
homes are those homes constructed after June 15, 1976 in accordance
with U.S. Department of Housing and Urban Development (HUD) Manufactured
Home Construction and Safety Standards code (HUD code). Manufactured
home subdivisions consist of manufactured homes located on individually
platted lots within a subdivision. A manufactured home park offers
spaces for the placement of manufactured homes 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 acreage and number of units
contained. Areas zoned for the MH district shall have City of Krum
water and sewer services. They shall be designed to adequately accommodate
storm drainage; they shall have paved concrete streets with logical
and efficient vehicular circulation patterns which discourage non-local
traffic; they shall be properly buffered from nonresidential uses;
and they shall be protected from pollution and undesirable environmental
and noise impacts.
26.3
AREA
REGULATIONS
(for each lot within a manufactured home
subdivision or each lease space within a manufactured home park):
A.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25') from a public dedicated street or from any private street or drive aisle. See Section 43 for additional setback requirements.
2.
Minimum
Side Yard -
Ten feet (10'); twenty-five feet (25') from
a street or from any private street or drive aisle
3.
Minimum
Rear Yard -
Fifteen feet (15'); twenty-five feet (25')
from zoning district boundary line or from any street or alley right-of-way
or any private street or drive aisle
4.
Garage
Door -
The entry (i.e., door) side of any garage shall
have a twenty-five- foot (25') setback as measured from any property
line, any street or alley right-of-way line, or any private street
or drive aisle
C.
Minimum
Floor Area per Dwelling Unit:
One thousand four hundred
and forty (1440) square feet.
D.
Maximum
Lot Coverage:
Forty percent (40%) total, including main
buildings and all accessory buildings combined
E.
Parking
Regulations:
Two (2) covered spaces per unit located on the same lot/lease space as the unit, and that are accessed via a concrete paved driveway (see Section 38, Off-Street Parking and Loading)
F.
Minimum
Lot Area for a Manufactured Home Subdivision
(manufactured
homes on individually platted and developed lots) - Twenty thousand
(20,000) square feet per lot
G.
Project
Area for Manufactured Home Subdivision or Park -
Minimum
project area five (5) acres; maximum project area ten (10) acres.
I.
Minimum
Exterior Construction Standards -
None.
26.4
SPECIAL
REQUIREMENTS FOR MANUFACTURED HOME SUBDIVISIONS AND PARKS:
A.
Parking
-
Each parking space shall be a concrete paved surface, in accordance with City paving 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 38, 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 concrete paved parking provided for the manufactured home community in general (see Section 38, Off-Street Parking and Loading Requirements):
1.
Two
(2) visitor parking space[s] for every three (3) manufactured home
spaces.
2.
One
(1) supplemental parking or vehicle storage space for the parking
or storage of boats, campers, recreational vehicles, 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 twenty feet (9' x
20').
C.
Anchorage
of Manufactured Homes -
To insure against natural hazards
such as tornados, high winds and electrical storms, full anchorage
for each manufactured home shall be provided in accordance with Texas
Manufactured Housing Code (Texas Occupations Code, Chapter 1201 Manufactured
Housing) or HUD code.
D.
Skirting:
1.
All
manufactured homes 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 designed by the
manufacturer as suitable for skirting 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.
E.
Single-family,
duplex, patio home, or townhouse residential units constructed in
this district shall conform to SF-7.5, 2F, SF-PH or SF-A district
standards, respectively.
F.
Open
storage is prohibited.
G.
Usable
Open Space Requirements -
Except as provided below,
a manufactured home development shall provide usable open space which
equals or exceeds fifteen percent (15%) of the total land area within
the development. Usable open space areas shall be in conformance with
Subsections 21.5D and 21.5E.
H.
A swimming pool shall be provided in manufactured home developments of fifty (50) or more units. See Section 47 for additional pool requirements.
I.
One
playground area containing at least five (5) pieces of play equipment
shall be provided for every one hundred (100) dwelling units, or fraction
thereof. The playground equipment shall be of heavy duty construction,
such as is normally used in public parks or on public school playgrounds.
J.
Site plan approval (see Section 12) shall be required for any mobile home park or nonresidential use (e.g., school, church, child care center, private recreation facility, etc.) in the MH district. Any nonresidential land use which may be permitted in this district shall conform to the Retail district standards with respect to building setbacks, landscaping, exterior building construction, screening requirements, lighting, signage, etc.
26.5
SPECIAL
REQUIREMENTS FOR MANUFACTURED HOME PARKS:
A.
Access
-
Each manufactured home community and dwelling unit
shall have direct access from a public street or an internal street,
either of which shall be constructed/paved to City standards. Where
an internal private street provides access, it shall be dedicated
to the public as an emergency access/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/fire lane
easement shall have a clear unobstructed width of at least twenty-four
feet (24'), unless otherwise required by the City’s Fire Department,
shall connect to an improved 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.
Access/fire lane easements shall be maintained by the manufactured
home park.
B.
Walkways
-
Designated concrete walkways at least four feet (4')
in width will be provided on both sides of roadways or streets.
C.
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 Mayor, or his/her 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/or the City’s
Code of Ordinances, and approved by the Planning and Zoning Commission
and the 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
Mayor, or his/her designee.
D.
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.
E.
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.
F.
Street
Lighting -
Street lighting within the manufactured home
park shall be provided and maintained by the owners of the manufactured
home park.
G.
Electric
and Telephone Service -
All electrical distribution
lines and all telephone lines shall be underground except the primary
service lines to the park.
H.
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.
I.
Firefighting:
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 at three hundred
foot (300') spacing, or as may otherwise be required by the City’s
Fire Department, such that all manufactured home spaces are located
within one hundred and fifty feet (150') of a fire hydrant, as 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 six inches (6") in height.
J.
Refuse
Facilities -
Every manufactured home dwelling unit shall
be located within one hundred fifty feet (150') of a refuse facility,
measured along the designated pedestrian travel way, and at least
six (6) cubic yards of refuse container volume shall be provided for
every thirty (30) dwelling units (or portion thereof). A refuse facility
shall be a dumpster or other similar container designed for receiving
garbage in bulk for more than one dwelling, and all refuse containers
shall be maintained in accordance with local public health and sanitary
regulations. Refuse containers shall be located no closer than thirty
feet (30') to any adjacent single-family property, shall be located
so as to provide safe and convenient pickup by refuse collection agencies,
and shall be screened in accordance with Subsection 41.2.G of this
Ordinance. (See Illustration 4.A of Appendix A.4 of this Ordinance
for refuse container enclosure diagrams.)[1]
[1]
Editor’s note–The Appendix is included as an attachment
to this exhibit.
(Ordinance 2015-05-01 adopted 5/4/15)
27.1
GENERAL
PURPOSE AND DESCRIPTION:
The O, Office, district is established
to create an appropriate setting for low-intensity office and professional
uses. The district can be used as a transition district between residential
uses and more intense uses, and with appropriate buffers and landscaping,
this district may be located in close proximity to residential districts.
Permitted uses should be compatible with adjacent residential areas
by limiting heights to one (1) or two (2) stories, and shall not include
uses that create excessive amounts of traffic, noise, trash or late-night
business operations. Traffic generated by uses in this district shall
not be encouraged to travel through residential areas. Adaptive reuse
of existing structures is encouraged. Buildings in this district should
be compatible and similar in scale with residential uses and adjacent
property.
27.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section 43 for additional setback requirements)
2.
Minimum
Side and Rear Yard -
Ten feet (10') unless adjacent
to a residentially zoned property (see below)
3.
Minimum
Side or Rear Yard Adjacent to a Residential District -
Twenty feet (20') for one-story building, and an additional twenty
feet (20') for every story (or fraction thereof) above one story in
height
4.
Interior
Side Yards -
The interior side yard setback between
two nonresidential buildings may be reduced to zero feet (0') where
the two buildings share a common interior lot line, where construction
of a fire-rated party wall in accordance with the City’s building
and fire codes is used, and when approved by the City Council on the
site plan following a favorable recommendation by the Planning and
Zoning Commission. Where such a reduced side yard setback is utilized,
the equivalent open space and landscape plantings and buffers that
are normally required along a shared side property boundary shall
be provided elsewhere on each respective affected lot (i.e., shall
not be waived, just provided somewhere else). Approval of a site plan
that shows such a reduced zero-foot side yard setback between two
nonresidential buildings shall be discretionary in nature, and shall
be based upon an analysis of the location, the configuration, and
the impact and compatibility of the proposed construction with respect
to adjacent land uses and structures.
C.
Maximum
Lot Coverage -
Fifty percent (50%) including main buildings
and all accessory buildings combined; maximum eighty percent (80%)
impervious coverage (including all buildings, parking areas, sidewalks,
etc.)
D.
Maximum
Floor Area Ratio (FAR) -
One to one (1:1)
E.
Minimum
and Maximum Building Size -
No minimum structure size;
the maximum building area of a structure shall be determined by applying
the lot’s size, minimum building setbacks, maximum lot coverage
and floor-to-area ratio, minimum parking requirement, minimum landscaping
percentage and areas, and other pertinent development requirements.
F.
Parking
Requirements -
As established by Section 38, Off-Street Parking and Loading Requirements.
G.
Minimum
Exterior Construction Standards -
See Section 42. All facades of main buildings that face a public street or a residentially zoned district shall have facade offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically, and such offsets shall comprise at least fifteen percent (15%) of the total overall horizontal facade length for horizontal offsets, and average vertical facade height for vertical offsets (i.e., above the average vertical roof plane of the building as viewed on plan elevations).
27.5
SPECIAL
DISTRICT REQUIREMENTS:
A.
Driveway
Spacing
(minimum distance between driveways as measured
from the driveway radius point of tangency to driveway radius point
of tangency):
1.
Arterial
streets -
Two hundred (200') linear feet of frontage
2.
Collector
streets -
One hundred (100') linear feet of frontage
3.
Local
streets -
Fifty (50) linear feet of frontage
4.
Minimum
distance from driveway to street corner -
Seventy-five
feet (75'), as measured from the street corner radius point of tangency.
5.
Texas
Department of Transportation or Denton County roadways -
Driveway spacing and minimum distance to street corners shall be
in accordance with the respective agency’s geometric standards
or the local standards above whichever is most restrictive.
B.
Site
Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the City Council (in accordance with Section 12) shall be required for any tract/lot within the Office district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City Council.
E.
Long-term
or permanent open storage and temporary or permanent outside display
of merchandise and seasonal items are prohibited.
F.
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 the major thoroughfare
upon which the property faces and/or sides, and will portray a reasonably
accurate depiction of the materials and colors to be used. The Mayor,
or his/her designee, may, as he/she deems appropriate, require submission
of additional information and materials (possibly actual samples of
materials to be used) during the site plan review process.
G.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored for
longer than a twenty-four (24) hour period on any lot or premises
in the Office district, nor may they be used for on-site dwelling
or nonresidential purposes.
(Ordinance 2015-05-01 adopted 5/4/15)
28.1
GENERAL
PURPOSE AND DESCRIPTION:
The R, Retail, district is established
to provide areas for local neighborhood shopping and service facilities
for the retail sales of goods and services. These shopping areas should
utilize established landscape and buffering requirements. The Retail
district should be located along or at the intersection of major collectors
or thoroughfares to accommodate higher traffic volumes.
28.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section 43 for additional setback requirements)
2.
Minimum
Side and Rear Yard -
Ten feet (10') unless adjacent
to a residentially zoned property (see below)
3.
Minimum
Side or Rear Yard Adjacent to a Residential District -
Twenty feet (20') for one-story building, and an additional twenty
feet (20') for every story (or fraction thereof) above one story in
height
4.
Interior
Side Yards -
The interior side yard setback between
two nonresidential buildings may be reduced to zero feet (0') where
the two buildings share a common interior lot line, where construction
of a fire-rated party wall in accordance with the City’s building
and fire codes is used, and when approved by the City Council on the
site plan following a favorable recommendation by the Planning and
Zoning Commission. Where such a reduced side yard setback is utilized,
the equivalent open space and landscape plantings and buffers that
are normally required along a shared side property boundary shall
be provided elsewhere on each respective affected lot (i.e., shall
not be waived, just provided somewhere else). Approval of a site plan
that shows such a reduced zero-foot side yard setback between two
nonresidential buildings shall be discretionary in nature, and shall
be based upon an analysis of the location, the configuration, and
the impact and compatibility of the proposed construction with respect
to adjacent land uses and structures.
C.
Maximum
Lot Coverage -
Fifty percent (50%) including main buildings
and all accessory buildings combined; maximum eighty percent (80%)
impervious coverage (including all buildings, parking areas, sidewalks,
etc.)
D.
Maximum
Floor Area Ratio (FAR) -
One to one (1:1)
E.
Minimum
and Maximum Building Size -
No minimum structure size;
the maximum building area of a structure shall be determined by applying
the lot’s size, minimum building setbacks, maximum lot coverage
and floor-to-area ratio, minimum parking requirement, minimum landscaping
percentage and areas, and other pertinent development requirements.
F.
Parking
Requirements -
As established by Section 38, Off-Street Parking and Loading Requirements.
G.
Minimum
Exterior Construction Standards -
See Section 42. All facades of main buildings that face a public street or a residentially zoned district shall have facade offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically, and such offsets shall comprise at least fifteen percent (15%) of the total overall horizontal facade length for horizontal offsets, and average vertical facade height for vertical offsets (i.e., above the average vertical roof plane of the building as viewed on plan elevations).
28.5
SPECIAL
DISTRICT REQUIREMENTS:
A.
Driveway
Spacing
(minimum distance between driveways as measured
from the driveway radius point of tangency to driveway radius point
of tangency):
1.
Arterial
streets -
Two hundred (200') linear feet of frontage
2.
Collector
streets -
One hundred (100') linear feet of frontage
3.
Local
streets -
Fifty (50) linear feet of frontage
4.
Minimum
distance from driveway to street corner -
Seventy-five
feet (75'), as measured from the street corner radius point of tangency.
5.
Texas
Department of Transportation or Denton County roadways -
Driveway spacing and minimum distance to street corners shall be
in accordance with the respective agency’s geometric standards
or the local standards above whichever is most restrictive.
B.
Site
Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the City Council (in accordance with Section 12) shall be required for any tract/lot within the Retail district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City Council.
E.
Temporary
(i.e., not long-term or permanent) outside display of seasonal items
(e.g., Christmas trees, pumpkins, etc.) shall be allowed but limited
to the following:
1.
Shall
not be placed/located more than twelve feet (12') from the main building
or within any required front, side or rear yard setback, or within
any easement.
2.
Shall
not occupy any required on-street or off-street parking spaces.
3.
Shall
not pose a safety or visibility hazard, nor impede public vehicular
or pedestrian circulation, either on-site or off-site, in any way
(i.e., sidewalk sales cannot block the sidewalk or extend out into
the street).
4.
Shall
only be located in front of the property/business which is selling
the item(s).
5.
All
outside display items shall be removed at the end of business each
day (except for large seasonal items such as Christmas trees).
6.
All
merchandise shall be displayed in a neat, orderly manner, and the
display area shall be maintained in a clean, litter-free manner.
F.
Long-term or permanent open storage shall require issuance of a Specific Use Provision (SUP) in accordance with Section 36 of this Ordinance, shall be limited to a maximum of five percent (5%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 41 (i.e., cannot be visible from any public street or adjacent property). However, periodic temporary display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display above).
G.
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 the major thoroughfare
upon which the property faces and/or sides, and will portray a reasonably
accurate depiction of the materials and colors to be used. The Mayor,
or his/her designee, may, as he/she deems appropriate, require submission
of additional information and materials (possibly actual samples of
materials to be used) during the site plan review process.
H.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored for
longer than a twenty-four (24) hour period on any lot or premises
in the Retail district, nor may they be used for on-site dwelling
or nonresidential purposes.
(Ordinance 2015-05-01 adopted 5/4/15)
30.1
GENERAL
PURPOSE AND DESCRIPTION: The development standards in the OT, Old
Town Business, district are designed to maintain and encourage redevelopment
within the original business section (old downtown) of the City in
a "pedestrian friendly" and vibrant environment that is conducive
to a mixture of residential, office, retail, craft, cultural, and
specialty uses and supportive of special events such as sidewalk sales,
street dances, movie nights, festivals, and other similar events.
Standards for the district are generally intended to regulate development
such that the first two floors of new structures will be similar to
image-setting existing ones (i.e., that promulgate and honor Krum's
heritage as a small but world-class, Texas farming town) within this
section of the City, using a mix of "period" architecture, modern
materials and integrated land uses such that they improve both the
appearance and function of the area as an key gathering and activity
hub.
30.3
HEIGHT
REGULATIONS:
A.
Maximum Height.
1.
Two (2) stories or thirty-five feet (35') for the main building(s),
or as buildings existed as of the effective date of this Ordinance.
2.
Additional height for three (3) to five (5) stories or seventy feet
(70') may be allowed with approval of a Specific Use Permit.
3.
One (1) story for accessory buildings.
30.4
AREA
REGULATIONS:
B.
Size of Yards:
1.
Front Yard:
A Build to Line (BTL) shall be used
along all front yard areas within the OT District instead of a building
setback line. Any building in existence prior to May 4, 2015 shall
be considered conforming and shall only be required to abide by the
Build To standard for significant additions to an existing building,
for significant expansion of an existing use (as determined by the
Development Services Director or his/her designee), and for a newly
constructed building within the district. In the event of destruction
of an existing structure within the OT district, said structure may
be rebuilt to its pre-destruction location and size with no requirements
for adherence to the Build To standard provided that reconstruction
commences (i.e., a building permit is applied for and issued) within
two (2) years following the date of destruction. If reconstruction
does not commence within the two-year period, or if the structure
is rebuilt to exceed its pre-destruction size, then the structure's
nonconforming status is deemed to expire, and any reconstruction of
the structure must comply with the Build To provision.
a.
A Build To line of zero to two feet (0' - 2') is required
2.
Minimum Side Yard:
zero feet (0') unless
adjacent to a street with less than eighty feet (80') of ROW
width in which case a ten-foot (10') side yard setback shall
apply.
3.
Minimum Rear Yard:
zero feet (0')
C.
Maximum Lot Coverage:
One hundred percent (100%)
D.
Maximum Floor Area Ratio (FAR):
five to one (5:1)
E.
Parking requirements:
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 or use within the OT district shall be considered a conforming parking arrangement (including head-in and off-site parking arrangements in existence prior to the effective date of this Ordinance). Additional parking, in accordance with Section 38 shall only be required for significant additions to an existing building, for significant expansion of an existing use (as determined by the Mayor, or his/her designee), and for a newly constructed building within the district. In the event of destruction of an existing structure within the OT 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 following 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 spaces in accordance with this Ordinance (this can be additional head-in or off-site parking spaces, provided that this was the parking arrangement that existed for such structure prior to the effective date of this Ordinance, and provided that such space is available without compromising other properties' rights, access, or public safety).
2.
For Short-term rental locations or a portion of a location with Short-term
rentals (STR), parking spaces for these units must comply with Sections
25.04(K) and 25.04(L) relative to the number, type, and occupancy
of STR units. For locations without SRT units, parking requirements
below apply.
3.
For new structures and uses
- One (1) space per two hundred and fifty (250) square feet of gross floor area, and each use shall provide a minimum of two (2) spaces. For any use which cannot provide off-street parking due to the size or location of the lot, such parking may be provided on other property not more than two hundred feet (200') from the site, in accordance with Section 38.7 [Section 38.8] of this Ordinance. In cases where the parking requirement cannot be achieved, up to seventy-five percent (75%) of the parking requirement may be waived by the City Council on the site plan, or may be provided as head-in parking spaces and/or off-site with City Council approval on the site plan for such an alternative arrangement.
4.
Recreational vehicles, travel trailers, motor homes and other types
of special or oversized vehicles and trailers may not be parked or
stored for longer than a seventy-two (72) hour period on any lot or
premises in the OT district, nor may they be used for on-site dwelling
or nonresidential purposes."
30.5
SPECIAL
REQUIREMENTS:
A.
Site Plan Review:
Public hearing, review and approval of a site plan by the Planning and Zoning Commission and the City Council (in accordance with Section 12) shall be required for site redevelopment or the construction of any new structure within the OT district. No certificate of occupancy shall be issued unless all construction and development conform to the site plan as approved by the City Council.
B.
For site redevelopment or new construction, 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 the road(s) upon which the property
faces and/or sides, and will portray a reasonably accurate depiction
of the materials and colors to be used. Architectural style and scale
of new/renovated buildings within the OT district shall be compatible
with the styles and scale of other adjacent buildings and shall be
historically accurate to the greatest extent possible to preserve
the unique character of the downtown area.
The Mayor, or his/her designee, may, as he/she deems appropriate,
require submission of additional information and materials (including
samples of materials to be used) during the site plan review process.
C.
A public hearing is required by the Planning and Zoning Commission
and the City Council for all site plans within the OT district. Development
standards for all uses in the OT district shall be established on
the site plan and all supporting information will be required at the
time of approval.
D.
Driveway Standards:
Due to the unique and diverse mix
of land uses, density of development, potential heavy pedestrian activity
and the site-specific nature of existing and potentially new development
within this district, driveways are to be limited in number and shall
be evaluated on a case-by-case basis. Driveway locations, width, depth,
curvature, spacing and other design elements shall conform to that
shown on a site plan approved by the City Council. Shared drives,
the use of on-street parking, structured parking, and the use of off-site
parking shall be used whenever feasible to limit the number of driveways.
In addition to City Council approval, any driveway accessing a State
ROW shall meet TxDOT standards and obtain appropriate approval from
the applicable administrative official.
E.
Sidewalks:
Pedestrian access and activity are vital
to the OT District. A minimum sidewalk width of eight feet (8')
shall be required along all streets. Said sidewalk requirement may
be satisfied within the public right-of-way (ROW) or it may be outside
the ROW if contained within an appropriate pedestrian easement. To
the extent any ordinance conflicts with this standard, this provision
will apply.
F.
Design Standards for the OT District:
1.
Facades of new, reconstructed, and renovated buildings shall be compatible
with, and shall promulgate and enhance, the period design of the original
McCart Street buildings. False fronts or parapets may be added to
existing buildings in order to add character and detail to simple
facades provided that they enhance the overall design aesthetic and
period character of the downtown area.
2.
Predominant exterior finish colors and visual appearance within the
first two stories shall be similar to that which is present on adjacent
existing buildings. Trim (i.e., lintels, sills, door jambs, cornices
and other similar items) shall be tones and textures that are visually
complementary to the predominant facade. Where wood trim may be in
use, for existing buildings, materials that duplicate or simulate
the appearance of the original construction must be used in refurbishment
(Accent colors for friezes, doors and door frames, window frames and
mullions, signage, awnings, moldings and other similar features shall
be colors that are complementary to, and compatible with, the spirit
and intent of the downtown streetscape (bright or fluorescent colors
which were not typically used in early Texas downtowns shall not be
used). For stories above the second floor, materials shall match or
be complementary to the first two stories so as to not by means of
design, exterior illumination, signage, or other means detract from,
be more reflective than, be more vibrant than, or draw the eye from
the first two floors.
3.
Reflective glass shall not be used for windows; detailing for windows,
doors and other openings shall be of wood, glass or a metal material
that is complementary to the period or building style. The use of
paned windows (rather than large single-pane modern storefront style
windows) shall be required on all new buildings in the OT district
unless specifically addressed in an approved site plan approved by
the City Council.
4.
Facade openings shall comprise at least forty percent (40%) of the
building's facade area on the first two (2) floors.
5.
Awnings/Canopies:
a.
Ratios:
Awnings/canopies shall be at an appropriate
scale to the building size and configuration and shall be of appropriate
period design. They shall not extend above the roof line of any single-story
structure, or above the top of the second floor's interior floor
level of any multi-story structure at the awnings' highest points
(except individual, period-appropriate awnings may be placed over
upper story windows). Awnings shall not completely obstruct any windows
on the building.
b.
Projection:
Since awnings must extend beyond
the building face, a reasonable amount of projection shall be allowed.
No awning shall extend more than eight feet (8') outward from
the building face/surface.
c.
Colors and Materials:
A mixture of basic, period-appropriate
colors is recommended, but no more than two different colors shall
be used for awnings on a single building facade (excluding business
logo, which may have more colors) and bright, "neon-like" colors shall
not be allowed.
d.
Movement:
Except for slight movements that are
normal for fabric canopies (i.e., along fringe, etc.), no movement
shall be allowed for awnings and canopy structures.
6.
Overhead Power Lines:
New utility lines to business establishments shall be placed underground wherever feasible (or toward the rear of existing buildings if placing underground is not possible). Overhead utility lines to existing businesses that existed on May 4, 2015 shall be deemed legally nonconforming and shall be allowed to remain until improvements are made to the building (or the building is reconstructed), at which time the utility lines shall be relocated underground if such improvements or reconstruction are extensive (see Section 7, Nonconforming Uses and Structures), and if it is reasonably possible to do so.
7.
Pedestrian Streetscape:
Pedestrian spaces shall
be treated with amenities that are selected based upon their ability
to unify the streetscape with the area's historic past. It is
important that elements such as construction materials, colors, textures,
and fixture design complement the area's historic qualities.
These features shall be repeated throughout the streetscape so as
to unify the district as a whole.
8.
Streetscape Features:
Planters, window boxes,
planter boxes and containers, street furniture, street and building
lighting, benches, trash receptacles, bollards, street signs, building
signage, and other streetscape furnishings shall be complementary
to the historical time frame of the OT area, and shall be located
not more than eight feet (8') from the building front/facade
or shall be located within the pedestrian zone directly in front of
the applicable building or business. The City shall be authorized
to create and maintain a "pattern book" to guide, and regulate, the
selection of all streetscape amenities and fixtures for the purpose
of ensuring compatibility among such amenities and fixtures within
the OT district. Conformance and compatibility with such designs shall
be required, and installations that are not in keeping with these
designs and with the OT district's overall historic image shall
be removed if so directed by the City.
G.
Long-term and permanent open storage is prohibited in the OT district.
H.
Temporary (i.e., not long-term, or permanent) outside display of
seasonal items (e.g., Christmas trees, pumpkins, etc.) shall be allowed
but limited to the following:
1.
Shall not be placed/located more than eight feet (8') from the
main building or within any easement; limited amounts of items can
be displayed outside on the public sidewalk, even if such sidewalk
is technically within a front or side yard setback, provided that
minimum four-foot (4') wide ADA-compliant clearance is maintained
at all times (any items that are deemed to be hazardous or a nuisance
must be removed immediately upon notice by the City).
2.
Shall not occupy any on-street or off-street parking spaces.
3.
Shall not pose a safety or visibility hazard, nor impede public vehicular
or pedestrian circulation, either on-site or off-site, in any way
(i.e., sidewalk sales cannot block the sidewalk or extend out into
the street).
4.
Shall only be located in front of the property/business which is
selling the item(s).
5.
All outside display items shall be removed at the end of business
each day (except for large seasonal items such as Christmas trees).
6.
All merchandise shall be displayed in a neat, orderly manner, and
the display area shall be maintained in a clean, litter-free manner.
I.
Architectural Design:
The architectural design of buildings
and sites shall strive to achieve the following objectives:
1.
Architectural compatibility;
2.
Human scale design;
3.
Integration of uses;
4.
Encouragement of pedestrian activity;
5.
Buildings that relate to, and are oriented toward, the pedestrian
areas and surrounding buildings; and
6.
Buildings that contain special architectural features to signify
entrances;
7.
All building materials shall be established on architectural elevations
and supporting information that are submitted during the site plan
review and approval process.
J.
Signs:
{Reserved for Future Use}
K.
Lighting:
New construction or major renovation, as
determined by the Mayor or designee, shall require the installation
of exterior wall, pole, or bollard style lighting to enhance safety,
security, and pedestrian comfort along all streets, alleys, and parking
areas. Lighting fixtures or styles shall visually mimic historic designs,
be compatible with similar lighting along the same block face or comply
with any architectural style book approved for the OT District by
the City of Krum. If used, poles, or bollards shall be fluted or decorative
and shall be of a height and spacing to provide adequate coverage
to avoid dark zones along pedestrian paths Site plans shall include
information on the location and design of all proposed external lighting.
L.
Other Regulations:
Sight Visibility - Triangular visibility areas in the OT District
as specified in Section 43.8A.2. shall not apply at street intersections
with a ROW width of eighty feet (80') or more. All other sight
visibility standards shall remain.
(Ordinance 2015-05-01 adopted 5/4/15; Ordinance
2023-790 adopted 12/4/2023; Ordinance 2024-809 adopted 4/1/2024)
31.1
GENERAL
PURPOSE AND DESCRIPTION:
The C, Commercial, district is intended to provide a location for commercial and service-related establishments, such as wholesale product sales, welding/contractor’s shops, automotive repair services, upholstery shops, region-serving shopping centers with large-scale anchor businesses, and other similar higher intensity retail and commercial uses. Uses in this district may utilize open storage areas that are screened from public view (see Section 41). Some light manufacturing may also be allowed with certain conditions. The uses envisioned for the district will typically utilize smaller sites and have operation characteristics which are generally not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration.
31.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section 43 for additional setback requirements)
2.
Minimum
Side and Rear Yard -
Ten feet (10') unless adjacent
to a residentially zoned property (see below)
3.
Minimum
Side or Rear Yard Adjacent to a Residential District -
Twenty feet (20') for one-story building, and an additional twenty
feet (20') for every story (or fraction thereof) above one story in
height
4.
Interior
Side Yards -
The interior side yard setback between
two nonresidential buildings may be reduced to zero feet (0') where
the two buildings share a common interior lot line, where construction
of a fire-rated party wall in accordance with the City’s building
and fire codes is used, and when approved by the City Council on the
site plan following a favorable recommendation by the Planning and
Zoning Commission. Where such a reduced side yard setback is utilized,
the equivalent open space and landscape plantings and buffers that
are normally required along a shared side property boundary shall
be provided elsewhere on each respective affected lot (i.e., shall
not be waived, just provided somewhere else). Approval of a site plan
that shows such a reduced zero-foot side yard setback between two
nonresidential buildings shall be discretionary in nature, and shall
be based upon an analysis of the location, the configuration, and
the impact and compatibility of the proposed construction with respect
to adjacent land uses and structures.
C.
Maximum
Lot Coverage -
Fifty percent (50%) including main buildings
and all accessory buildings combined; maximum eighty percent (80%)
impervious coverage (including all buildings, parking areas, sidewalks,
etc.)
D.
Maximum
Floor Area Ratio (FAR) -
One to one (1:1)
E.
Minimum
and Maximum Building Size -
No minimum structure size;
the maximum building area of a structure shall be determined by applying
the lot’s size, minimum building setbacks, maximum lot coverage
and floor-to-area ratio, minimum parking requirement, minimum landscaping
percentage and areas, and other pertinent development requirements.
F.
Parking
Requirements -
As established by Section 38, Off-Street Parking and Loading Requirements.
G.
Minimum
Exterior Construction Standards -
See Section 42. All facades of main buildings that face a public street or a residentially zoned district shall have facade offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically, and such offsets shall comprise at least fifteen percent (15%) of the total overall horizontal facade length for horizontal offsets, and average vertical facade height for vertical offsets (i.e., above the average vertical roof plane of the building as viewed on plan elevations).
31.5
SPECIAL
DISTRICT REQUIREMENTS:
A.
Driveway
Spacing
(minimum distance between driveways as measured
from the driveway radius point of tangency to driveway radius point
of tangency):
1.
Arterial
streets -
Two hundred (200') linear feet of frontage
2.
Collector
streets -
One hundred (100') linear feet of frontage
3.
Local
streets -
Fifty (50) linear feet of frontage
4.
Minimum
distance from driveway to street corner -
Seventy-five
feet (75'), as measured from the street corner radius point of tangency.
5.
Texas
Department of Transportation or Denton County roadways -
Driveway spacing and minimum distance to street corners shall be
in accordance with the respective agency's geometric standards or
the local standards above whichever is most restrictive.
B.
Site
Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the City Council (in accordance with Section 12) shall be required for any tract/lot within the Retail district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City Council.
E.
Temporary
(i.e., not long-term or permanent) outside display of seasonal items
(e.g., Christmas trees, pumpkins, etc.) shall be allowed but limited
to the following:
1.
Shall
not be placed/located more than twelve feet (12') from the main building
or within any required front, side or rear yard setback, or within
any easement.
2.
Shall
not occupy any required on-street or off-street parking spaces.
3.
Shall
not pose a safety or visibility hazard, nor impede public vehicular
or pedestrian circulation, either on-site or off-site, in any way
(i.e., sidewalk sales cannot block the sidewalk or extend out into
the street).
4.
Shall
only be located in front of the property/business which is selling
the item(s).
5.
All
outside display items shall be removed at the end of business each
day (except for large seasonal items such as Christmas trees).
6.
All
merchandise shall be displayed in a neat, orderly manner, and the
display area shall be maintained in a clean, litter-free manner.
F.
Long-term or permanent open storage shall require issuance of a Specific Use Provision (SUP) in accordance with Section 36 of this Ordinance, shall be limited to a maximum of five percent (5%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 41 (i.e., cannot be visible from any public street or adjacent property). However, periodic temporary display of seasonal items (e.g., Christmas trees, pumpkins, etc.) is allowed during the appropriate time periods (see provisions for outside display above).
G.
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 the major thoroughfare
upon which the property faces and/or sides, and will portray a reasonably
accurate depiction of the materials and colors to be used. The Mayor,
or his/her designee, may, as he/she deems appropriate, require submission
of additional information and materials (possibly actual samples of
materials to be used) during the site plan review process.
H.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored for
longer than a twenty-four (24) hour period on any lot or premises
in the Commercial district, nor may they be used for on-site dwelling
or nonresidential purposes.
(Ordinance 2015-05-01 adopted 5/4/15)
33.1
GENERAL
PURPOSE AND DESCRIPTION:
The LI, Light Industrial, district
is intended primarily for the conduct of light manufacturing, assembling
and fabrication activities, 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
such as the railroad.
33.4
AREA
REGULATIONS:
B.
Size
of Yards:
1.
Minimum
Front Yard -
Twenty-five feet (25') from ultimate right-of-way line of roadway; all yards adjacent to a street shall be considered a front yard (see Section 43 for additional setback requirements)
2.
Minimum
Side and Rear Yard -
Ten feet (10') unless adjacent
to a residentially zoned property (see below)
3.
Minimum
Side or Rear Yard Adjacent to a Residential District -
Thirty feet (30') for one-story building, and an additional twenty
feet (20') for every story (or fraction thereof) above one story in
height
4.
Interior
Side Yards -
The interior side yard setback between
two nonresidential buildings may be reduced to zero feet (0') where
the two buildings share a common interior lot line, where construction
of a fire-rated party wall in accordance with the City’s building
and fire codes is used, and when approved by the City Council on the
site plan following a favorable recommendation by the Planning and
Zoning Commission. Where such a reduced side yard setback is utilized,
the equivalent open space and landscape plantings and buffers that
are normally required along a shared side property boundary shall
be provided elsewhere on each respective affected lot (i.e., shall
not be waived, just provided somewhere else). Approval of a site plan
that shows such a reduced zero-foot side yard setback between two
nonresidential buildings shall be discretionary in nature, and shall
be based upon an analysis of the location, the configuration, and
the impact and compatibility of the proposed construction with respect
to adjacent land uses and structures.
C.
Maximum
Lot Coverage -
Fifty percent (50%) including main buildings
and all accessory buildings combined; maximum eighty percent (80%)
impervious coverage (including all buildings, parking areas, sidewalks,
etc.)
D.
Maximum
Floor Area Ratio (FAR) -
One to one (1:1)
E.
Minimum
and Maximum Building Size -
No minimum structure size;
the maximum building area of a structure shall be determined by applying
the lot’s size, minimum building setbacks, maximum lot coverage
and floor-to-area ratio, minimum parking requirement, minimum landscaping
percentage and areas, and other pertinent development requirements.
F.
Parking
Requirements -
As established by Section 38, Off-Street Parking and Loading Requirements.
G.
Minimum
Exterior Construction Standards -
See Section 42. All facades of main buildings that face a public street or a residentially zoned district shall have facade offsets of at least five feet (5') for every fifty-foot (50') length of flat wall, both horizontally and vertically, and such offsets shall comprise at least fifteen percent (15%) of the total overall horizontal facade length for horizontal offsets, and average vertical facade height for vertical offsets (i.e., above the average vertical roof plane of the building as viewed on plan elevations).
33.5
SPECIAL
DISTRICT REQUIREMENTS:
A.
Driveway
Spacing
(minimum distance between driveways as measured
from the driveway radius point of tangency to driveway radius point
of tangency):
1.
Arterial
streets -
Two hundred (200') linear feet of frontage
2.
Collector
streets -
One hundred (100') linear feet of frontage
3.
Local
streets -
Fifty (50) linear feet of frontage
4.
Minimum
distance from driveway to street corner -
Seventy-five
feet (75'), as measured from the street corner radius point of tangency.
5.
Texas
Department of Transportation or Denton County roadways -
Driveway spacing and minimum distance to street corners shall be
in accordance with the respective agency’s geometric standards
or the local standards above whichever is most restrictive.
B.
Site
Plan Review -
Review and approval of a site plan by the Planning and Zoning Commission and the City Council (in accordance with Section 12) shall be required for any tract/lot within the Retail district. No certificate of occupancy shall be issued unless all construction and development conforms to the site plan as approved by the City Council.
E.
Long-term or permanent open storage is allowed but shall be limited to a maximum of twenty percent (20%) of the total lot area, shall not be located in front of (i.e., on the street side of) or on top of the building, and must be screened in accordance with the provisions of Section 41 (i.e., cannot be visible from any public street or adjacent property). Long-term or permanent open storage that does not conform to all of the above requirements may be allowed by applying for and obtaining a Specific Use Provision (SUP) in accordance with Section 36 of this Ordinance.
1.
Periodic
temporary outside display of seasonal items (e.g., Christmas trees,
pumpkins, etc.) is allowed during the appropriate time periods, subject
to the limitations on such display as set forth in the Commercial
zoning district (see Section 31.5.E).
F.
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 the major thoroughfare
upon which the property faces and/or sides, and will portray a reasonably
accurate depiction of the materials and colors to be used. The Mayor,
or his/her designee, may, as he/she deems appropriate, require submission
of additional information and materials (possibly actual samples of
materials to be used) during the site plan review process.
G.
Recreational
vehicles, travel trailers, motor homes and other types of special
or oversized vehicles and trailers may not be parked or stored for
longer than a twenty-four (24) hour period on any lot or premises
in the LI district, nor may they be used for on-site dwelling or nonresidential
purposes.
(Ordinance 2015-05-01 adopted 5/4/15)
34.1
A.
Overlay districts shall be used in conjunction with base zoning districts where it is appropriate to do so. In the use of the following overlay zoning classifications, the base district shall remain in effect as it is already in existence unless changed by zoning amendment and in accordance with the provisions of Section 10. New base districts or changes in existing base districts may be requested at the same time overlay or special prefix districts are requested.
(Ordinance 2015-05-01 adopted 5/4/15)
35.1
GENERAL
PURPOSE AND DESCRIPTION:
A.
The
City Council of the City of Krum, 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 (PD) 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 office parks, retail/commercial or service centers, shopping
centers, residential developments having special design and density
standards and/or a mixture of housing options (e.g., single-family,
multifamily, duplex, etc.), 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 Planned Development
district may be used to permit new or innovative concepts in land
utilization not permitted by other zoning districts in this Ordinance,
to ensure the compatibility of land uses, and to allow for the adjustment
of changing demands to meet the current needs of the community by
meeting one or more of the following purposes:
1.
To
provide for a superior design on lots or buildings;
2.
To
provide for increased recreation and open space opportunities for
public use and enjoyment;
3.
To
provide amenities or features that would be of special benefit to
the property users or to the overall community;
4.
To
protect or preserve natural amenities and environmental assets such
as trees, creeks, ponds, floodplains, slopes, viewscapes, or wildlife
habitats;
5.
To
protect or preserve existing historical buildings, structures, features
or places;
6.
To
provide an appropriate balance between the intensity of development
and the ability to provide adequate supporting public facilities and
services; and
7.
To
meet or exceed the standards of this Ordinance.
C.
While
greater flexibility is given to allow special conditions or restrictions
that would not otherwise allow the development to occur, procedures
are established herein to ensure against misuse of increased flexibility.
35.2
PERMITTED
USES:
A.
An application for a PD district shall specify the base zoning district(s) 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). PD designations shall not be attached to SUP requirements. Land uses that are allowed by right, or that may be allowed by Specific Use Provision, in a base zoning district(s) are allowed (by right or by SUP) in a PD that is based upon that district(s) unless specifically cited otherwise in the ordinance establishing the PD. Any use that is not specifically cited as allowed (by right or by SUP) in the applicable base zoning district(s) or the PD ordinance shall be prohibited unless the PD ordinance is amended using the procedures set forth in this Section and in Section 10 of this Ordinance.
B.
In the
case of residential PD districts, the proposed lot sizes shall generally
be no smaller than the lot sizes allowed in the base zoning district
for each type of housing (e.g., single-family, duplex, etc.) except
for minor changes in a small percentage of the lots in order to provide
improved design, or to provide flexibility in the layout of the subdivision
or diversity in lot size choices. A residential PD shall strive to
provide choice and variety in lot sizes throughout the neighborhood
by specifying an average lot size that is larger than the minimum
lot size, and that will truly accomplish the purpose of providing
a variety of lot sizes.
35.3
PLANNED
DEVELOPMENT REQUIREMENTS:
A.
Any
development requirements for a particular PD district that deviate
from those of the base zoning district(s) shall be set forth in the
amending ordinance granting the PD district. These shall include,
but may not be limited to: allowed or additional (i.e., SUP) uses,
density, lot area, lot width, lot depth, yard depths and widths, building
height and size, building exterior construction, lot coverage, floor
area ratio, parking, access, screening, landscaping, accessory buildings,
signs, lighting, project phasing or scheduling, property management
associations, and other requirements as the City Council and Planning
and Zoning Commission may deem appropriate.
B.
In the
PD district, uses and development standards shall conform to the standards
and regulations of the base zoning district(s) unless specifically
stated otherwise in the PD ordinance. The base zoning district(s)
shall be stated in the PD granting ordinance. All applications to
the City shall list all requested deviations from the standard requirements
set forth throughout this Ordinance as applicable to each base zoning
district (applications without this list will be considered incomplete).
The PD district shall conform to all other regulations of the applicable
base zoning district(s), as well as all other sections of the Zoning
Ordinance, unless specifically changed or excluded in the ordinance
establishing the PD. A PD that is based upon more than one (1) base
zoning district shall also include a legal (i.e., metes and bounds)
description and graphic exhibit describing/showing the proposed boundaries
of each respective area and its base zoning district (e.g., shown
as “Proposed PD-SF-7.5,” “Proposed PD-Retail,”
etc.).
C.
The
ordinance granting a PD district shall include a statement as to the
purpose and intent of the PD district granted therein, as well as
a general statement citing the reason for the PD request.
D.
The
minimum acreage for a Planned Development request shall be as follows:
1.
Single-family
detached or two-family residential development -
Thirty
(30) contiguous acres
2.
Multiple-family,
patio home, single-family attached, or manufactured home residential
development -
Twenty (20) contiguous acres
3.
Nonresidential
development (including office, neighborhood service, retail, commercial
or industrial park) development -
Ten (10) contiguous
acres
4.
Mixed-use
development -
The minimum acreage for each portion of
a mixed-use PD district shall be as set forth above for each type
of land use within the mixed-use district (unless this requirement
is recommended by the Planning and Zoning Commission, and waived by
City Council upon approval of the PD district, due to unusual size
constraints that are unique to the subject land parcel itself).
5.
Any
type of development within the Old Town Business district -
No minimum acreage requirement, provided that the request is
deemed to be in substantial conformance with the OT district regulations
with some minor flexibilities that would allow and encourage favorable
redevelopment of a property, and provided that the request cannot
be construed as “spot zoning.”
E.
As part
of the zoning application for a Planned Development, a written report
shall be submitted by the applicant that discusses the impact the
proposed PD will have on City water and wastewater utility systems,
the local and regional storm drainage system, private utility service
systems (i.e., cable TV, telephone, electric, gas, etc.), solid waste
collection, City and other entities’ tax base, public safety
(i.e., police, fire, emergency medical services, etc.), public schools
(i.e., number of school-age children anticipated), and traffic on
surrounding and other nearby roadways. Letters from the City’s
utility and engineering personnel, the School District, and private
utility providers may be required prior to approval of the PD in order
to ensure that the proposed development will not unreasonably overload
these essential systems and services.
35.4
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 PD district. To
facilitate understanding of the request during the review and public
hearing process, the concurrent submission of a concept plan for the
proposed development shall be required along with the PD zoning application.
A preliminary plat may be submitted in lieu of the concept plan for
a single- or two-family PD (see the Subdivision Ordinance for submission
and other requirements) if the applicant prefers to do so, and if
the applicant wishes to expend the resources and funds necessary to
prepare a complete preliminary plat submission at that time.
A.
Concept
Plan -
This plan shall be submitted by the applicant
at the time of the Planned Development request. The plan shall show
the applicant’s intent for the use of the land within the proposed
PD 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) that further describe and
explain the following requirements:
1.
Residential
PD Concept Plan -
A concept plan for residential land use(s) shall clearly 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 Section 12 of this Ordinance for concept plan requirements and procedures).
2.
Nonresidential,
Multifamily, Single-Family Attached or Manufactured Home PD Concept
Plan -
A concept plan for nonresidential, multifamily, single-family attached, or manufactured home land use(s) 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 (see Section 12 of this Ordinance for concept plan requirements and procedures).
a.
For a single- or two-family PD (or portion of a PD) - A preliminary
plat (see the Subdivision Ordinance) shall be submitted for approval
within one (1) year from the approval date of the associated PD concept
plan. If a preliminary plat is not submitted within one (1) year,
then the PD concept plan may be subject to review by the Planning
and Zoning Commission and the City Council to determine its continued
validity. If the City determines that the PD concept plan is no longer
valid or that the proposed development is no longer viable, then a
new PD 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 preliminary plat review/approval
(and any subsequent issuance of a building permit) for any single-
or two-family portion of the PD district.
b.
For a nonresidential, multifamily, single-family attached, or manufactured home PD (or portion of a PD) - A detailed site plan and preliminary plat shall be submitted for approval (in accordance with Subsection B below, and with Section 12 of this Ordinance, and with the Subdivision Ordinance) within one (1) year from the approval date of the concept plan for all or some portion of the PD covered by the overall PD concept plan. If a detailed site plan and preliminary plat are not submitted within one (1) year, then the PD concept plan may be subject to review by the Planning and Zoning Commission and the City Council to determine its continued validity. If the City determines that the PD concept plan is no longer valid or that the proposed development is no longer viable, then a new PD 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 and preliminary plat review/approval (and any subsequent issuance of a building permit) for any nonresidential, multifamily, single-family attached, or manufactured home portion of the PD district.
B.
PD
Site Plan (detailed) -
Submission and approval of a detailed site plan, (along with the required engineering/architectural site construction plans and preliminary plat), in accordance with Section 12 of this Ordinance, shall be required for any nonresidential, multifamily, single-family attached, or manufactured home portion(s) of a PD district prior to commencement of construction. The applicant may, if desired, submit a detailed site plan for the entire PD in lieu of a concept plan for these types of development along with a PD zoning application. The detailed PD site plan will establish the final plans for development of the Planned Development district (or applicable portion thereof). If a PD concept plan was previously approved for the overall area of a PD district, then a detailed PD site plan (along with the required engineering/architectural site construction plans and preliminary plat) may be submitted for only the sections or 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 concept plan for the entire PD must be submitted and approved prior to approval of a detailed site plan (along with the required engineering/architectural site construction plans and preliminary plat) for only the portion(s) of the PD that are proposed for immediate development.
For any single- or two-family residential district (A, SF-R,
SF-E, SF-20, SF-10, SF-7.5, SF-6, SF-PH or 2F), a preliminary plat
shall qualify as the site plan.
35.5
APPROVAL
PROCESS AND PROCEDURES:
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 that 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, and if the PD is approved then the concept plan shall become a part of the ordinance establishing the PD district.
35.6
IDENTIFICATION
OF PLANNED DEVELOPMENTS:
All Planned Development zoning
districts approved in accordance with the provisions of this Ordinance,
as may be amended, shall be prefixed by a “PD” designation,
and shall also be referenced on the Zoning Map. A list of Planned
Development districts, showing the developer’s (i.e., zoning
applicant’s) name, acreage and location of the property, base
zoning district(s), PD ordinance adoption date, uses permitted and
any other special stipulations of each PD district, shall be maintained
by the City as part of this Ordinance.
35.7
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, specified in Appendix A.1,[1] 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
Map as of the effective date of this Ordinance.
[1]
Editor’s note–The Appendix is included as an attachment
to this exhibit.
(Ordinance 2015-05-01 adopted 5/4/15)
36.1
PURPOSE
AND INTENT:
A.
Nature
of Conditional, or Specific, Use -
A conditional, or
specific, use is a land use which, because of its unique nature, is
compatible with the permitted land uses in a given zoning district
only upon a determination that the external effects of the use in
relation to the existing and planned uses of adjoining property and
the neighborhood can be mitigated through imposition of certain standards
and conditions. This Section sets forth the standards used to evaluate
proposed conditional uses and the procedures for approving Specific
Use Provision applications.
B.
SUP
Required -
No conditional use shall be established and no building permit shall be issued for any use designated as a conditional use within any zoning district until a Specific Use Provision (SUP) is approved in accordance with the provisions of this Section. An application for a Specific Use Provision shall be accompanied by a concept plan or a detailed site plan prepared in the manner described in Section 12. The concept plan or site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in Section 36.5.
36.2
STATUS
OF CONDITIONALLY PERMITTED USES:
The following general
rules apply to all conditional uses:
A.
The designation of a use in a zoning district as may be permitted by SUP in Section 37 of this Ordinance does not constitute an authorization or assurance that such use will be approved.
B.
Approval
of a Specific Use Provision shall authorize only the particular use
for which the SUP is issued.
C.
No use authorized by a Specific Use Provision shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Specific Use Provision in accordance with the procedures set forth in this Section and Section 10 of this Ordinance.
D.
Development
of the use shall not be carried out until the applicant has secured
all the permits and approvals required by these zoning regulations,
the City Code of Ordinances, and any permits that may be required
by regional, State or Federal agencies.
36.3
APPLICATION
FOR SPECIFIC USE PROVISION:
A.
Application
Requirements -
An application for a Specific Use Provision may be submitted by the property owner or by the property owner’s designated representative to the City. The application shall be accompanied by a concept plan or site plan prepared in accordance with the requirements of Section 12. If a base zoning district amendment is required or requested, such rezoning application shall accompany the application for a Specific Use Provision.
B.
Subdivision
Approval -
If the proposed use requires a division of
land or requires platting the property, an application for subdivision
approval (e.g., preliminary plat) may be submitted in conjunction
with the application for a Specific Use Provision if the applicant
chooses to do so (see Subdivision Ordinance), but concurrent submission
and review of a plat along with a PD zoning application is not required.
The applicant may be required, however, to provide preliminary engineering
plans and/or studies with a PD zoning application to verify that development
of the property at the densities, intensities and land uses shown
on the concept plan (or detailed site plan) is feasible, and that
the proposed development can be adequately served by essential public
facilities and services.
36.4
PROCEDURES
FOR SPECIFIC USE PROVISIONS:
A.
Planning
& Zoning Commission Recommendation -
Upon receipt of a complete Specific Use Provision zoning application, the Planning and Zoning Commission shall conduct a public hearing in order to formulate its recommendations to the City Council on the application. Following the public hearing, the Planning and Zoning Commission shall recommend approval, approval subject to modification, or denial of the proposal to the City Council in accordance with Section 10. If the appropriateness of the use cannot be assured at the location, the Planning and Zoning Commission shall recommend denial of the application as being incompatible with existing uses or with other uses permitted by right in the district.
B.
City
Council Action -
The City Council shall be the final decision-maker on applications for Specific Use Provisions. Following a public hearing and in consideration of the Planning and Zoning Commission’s recommendations, the City Council shall approve, modify or deny the proposal for a Specific Use Provision in accordance with Section 10. If the appropriateness of the use cannot be assured at the location, the application for Specific Use Provision shall be denied as being incompatible with existing uses or with other uses permitted by right in the district.
36.5
STANDARDS:
A.
Factors
for Consideration -
When considering applications for
a Specific Use Provision, the Planning and Zoning Commission in making
its recommendation, and the City Council in rendering its decision,
on the application shall, on the basis of the concept plan/site plan
and other information submitted, evaluate the impact of the conditional
use on, and the compatibility of the use with, surrounding properties
and neighborhoods to ensure the appropriateness of the use at a particular
location. The Planning and Zoning Commission and the City Council
shall specifically consider the extent to which:
1.
The
proposed use at the specified location is consistent with the goals,
objectives and policies contained in the adopted Comprehensive Plan;
2.
The
proposed use is consistent with the general purpose and intent of
the applicable zoning district regulations;
3.
The proposed use meets all supplemental standards specifically applicable to the use as set forth in Section 43 of this Ordinance;
4.
The
proposed use is compatible with and preserves the character and integrity
of adjacent development and neighborhoods and, as required by the
particular circumstances, includes improvements or modifications either
on-site or within the public rights-of-way to mitigate development-related
adverse impacts, including but not limited to:
a.
Adequate ingress and egress to property and proposed structures thereon
with particular reference to vehicular and pedestrian safety and convenience,
and access in case of fire;
b.
Off-street parking and loading areas;
c.
Refuse and service areas;
d.
Utilities with reference to location, availability, and compatibility;
e.
Screening and buffering, features to minimize visual impacts, and/or
setbacks from adjacent uses;
f.
Control of signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect, and compatibility and harmony
with properties in the district;
g.
Required yards and open space;
h.
Height and bulk of structures;
i.
Hours of operation;
j.
Exterior construction material and building design; and
k.
Roadway adjustments, traffic-control devices or mechanisms, and access
restrictions to control traffic flow or divert traffic as may be needed
to reduce or eliminate development-generated traffic on neighborhood
streets.
5.
The
proposed use is not materially detrimental to the public health, safety,
convenience and welfare, or results in material damage or prejudice
to other property in the vicinity.
B.
Conditions
-
In approving the application, the Planning and Zoning Commission may recommend, and the City Council may impose, such additional conditions (e.g., hours of operation, etc.) as are reasonably necessary to assure compliance with these standards and the purpose and intent of this Section, in accordance with the procedures in Section 10. Such additional conditions shall exceed the minimum standards contained herein or in any other applicable City code or ordinance, and they cannot, in effect, relax or grant relief from any of the City’s minimum standards (see Subsection C below). Any conditions imposed shall be set forth in the ordinance approving the conditional use, and shall be incorporated into or noted on the concept plan or site plan for final approval.
C.
Prohibition
on Waivers and Variances -
The foregoing additional
conditions (i.e., standards of development for the SUP) shall not
be subject to variances that otherwise could be granted by the Board
of Adjustments, nor may conditions imposed by the City Council subsequently
be waived or varied by the BOA. In conformity with the authority of
the City Council to authorize conditional uses, the City Council may
waive or modify specific standards otherwise made applicable to the
use by this Ordinance, to secure the general objectives of this Section.
36.6
EXPIRATION
AND EXTENSION:
36.7
AMENDMENT:
A.
No proposed
or existing building, premise or land use authorized as a conditional
use may be established, enlarged, modified, structurally altered,
or otherwise changed from that approved in the Specific Use Provision,
unless such amendment is authorized in accordance with the standards
and procedures set forth in this section, and the Specific Use Provision
and approved concept plan or site plan are amended accordingly.
36.8
OTHER
REGULATIONS:
A.
The
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 Provision.
36.10
IDENTIFICATION OF SPECIFIC USE PROVISIONS:
All SUPs
approved in accordance with the provisions of this Ordinance, as may
be amended, shall be prefixed by an “SUP” designation,
and shall also be referenced on the Zoning Map. A list of such SUPs,
showing the developer’s (i.e., zoning applicant’s) name,
acreage and location of the property, base zoning district(s), SUP
ordinance adoption date, uses permitted and any other special stipulations
of each SUP, shall be maintained by the City as part of this Ordinance.
36.11
PRIOR SPECIFIC USE PERMIT ORDINANCES REMAINING IN EFFECT:
Prior to adoption of this Ordinance, the City Council previously
established certain SUPs, some of which are to be continued in full
force and effect as Specific Use Provisions (SUPs) under this Ordinance.
The ordinances or parts of ordinances approved prior to this Ordinance,
specified in Appendix A-1 [Appendix A.2],[1] shall be carried forth in full force and effect and are
the conditions, restrictions, regulations and requirements which apply
to the respective SUPs shown on the Zoning Map as of the effective
date of this Ordinance.
[1]
Editor’s note–The Appendix is included as an attachment
to this exhibit.
(Ordinance 2015-05-01 adopted 5/4/15)
