Zoning districts are established in the Zoning Code to promote compatible land use patterns and to establish site development regulations appropriate to the purposes and specific nature of each district.
(Ordinance 20-07, sec. 156.03.01, adopted 11/19/20)
A base district designation shall apply to each lot or site within the city and its planning jurisdiction. A site must be in one base district.
(Ordinance 20-07, sec. 156.03.02, adopted 11/19/20)
(a) 
Boundaries.
The boundaries of these districts are indicated upon the zoning map of the city, which map is made a part of this article by reference. The zoning map and all the notations, references, and other matters shown thereon, shall be as much a part of this article as if the notations, references, and other matters set forth by the map were all fully described herein; the original of which is properly attested, and is on file with the city clerk.
(b) 
File.
The official zoning map which is on file and in a publicly accessible digital format with the city clerk shall be entitled “Official Zoning Map” and bear the date of adoption and shall bear certification of its authenticity by the mayor and be attested to by the signature of the city clerk, together with the date of their signing.
(c) 
Authority.
The official zoning map, together with amending ordinances, shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(d) 
Conflicts.
In the event of conflict between the official map and an approved legal description of a property, the legal description will control.
(Ordinance 20-07, sec. 156.03.03, adopted 11/19/20)
The district boundaries are either lot lines, or the centerlines of streets, and alleys, and other identifiable rights-of-way, unless otherwise shown, and where the districts designated are bounded approximately by street, alley, or lot lines, and are not dimensioned otherwise, the lot lines or centerlines of streets and alleys shall be construed to be the boundary of the district.
(Ordinance 20-07, sec. 156.03.04, adopted 11/19/20)
All territory which may hereafter be annexed to the city shall be considered as being in the AG Agriculture District until changed by ordinance, but a final zoning designation shall be adopted within six months of the annexation following the procedures of this Zoning Code.
(Ordinance 20-07, sec. 156.03.05, adopted 11/19/20)
Whenever a public street or alley is vacated, the zoning district adjoining each side of such right-of-way shall be extended out to the former centerline.
(Ordinance 20-07, sec. 156.03.06, adopted 11/19/20)
In order to classify, regulate, and restrict the location of trade, industries, and the location of buildings designed for specified uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of yards, courts, and other open spaces within and surrounding such buildings, the city is divided into districts. The use, height, and area regulations are uniform in each class of district, and the districts shall be known as:
District Table
District Abbreviation
District Name
District Purpose
AG
Agriculture
This district is intended to provide for development of single-family detached dwelling units within a rural setting on lots of not less than two acres and to provide a location for agricultural uses.
R-1
Single-Family (Low-Density)
This district is intended to provide for development of single-family detached units.
R-2
Moderate Density
This district is intended to provide for a mix of lower intensity housing options including single-family detached, single-family attached, townhome, and duplex units.
R-3
Multiple-Family (High-Density)
This district is intended to provide for development of higher density residential units, such as apartments and attached residential units, in a more urban environment.
MH
Manufactured Housing Park
This district is intended to provide for the development of areas for manufactured housing and long-term use of vacation travel trailers.
C-1
Community Commercial/ Mixed Use
This district is intended to provide locations for various types of local retail, office, and businesses primarily serving the surrounding neighborhoods.
C-2
Regional Commercial
This district is intended to provide locations for various types of retail and business that have a larger regional reach.
CBD
Central Business
This district is intended for development of downtown Kermit as the regional business center for retail, restaurant, office, and housing. The district is designed to promote a vibrant downtown by unique development opportunities that encourage downtown development and redevelopment efforts.
I-1
Light Industrial
This district is intended primary [primarily] for warehousing, wholesaling, and distribution activities. The district includes light industry or assembly of small products. This district should be located with efficient access to major transportation routes and require limited amounts of storage.
I-2
Heavy Industrial
This district is intended for large-scale basic or primary [primarily] industrial uses involving extensive processing, manufacturing, or assembly of large products or equipment. Because the nature of the products or character of activities, uses within this district will likely produce negative effects such as noise, fumes, noxious odors, glare, or other atmospheric influence beyond the site. This district should be located along regional thoroughfares, separated from commercial and residential uses.
(Ordinance 20-07, sec. 156.03.07, adopted 11/19/20)
(a) 
Within each zoning district, different uses are permitted with different conditions. These are displayed in the use matrices. Levels of permission include:
(1) 
Uses which are permitted by right.
These uses are permitted subject only to compliance with all regulations of this code. Uses permitted by right might be subject to supplemental regulations contained in this code. These uses are indicated in the use matrix by a “P” in the applicable cell.
(2) 
Specific uses.
These uses are subject to approval of a specific use permit, following the procedure set forth in subsection 9.03.345(e). These uses are indicated in the use matrix by a “S” in the applicable cell.
(b) 
Residential uses matrix.
Use Types
AG
R-1
R-2
R-3
MH
C-1
C-2
CBD
I-1
I-2
Boarding home
 
 
 
P
 
 
 
 
 
 
Dwelling, single-family detached
 
P
P
P
 
 
 
 
 
 
Dwelling, single-family attached (townhome)
 
P
P
P
 
 
 
 
 
 
Dwelling, duplex
 
 
P
P
 
 
 
 
 
 
Dwelling, multi-family (apartment, multiplex)
 
 
 
P
 
P
P
P
 
 
Assisted living/nursing home
 
 
 
P
 
 
 
P
 
 
Group home
 
S
S
S
 
 
 
 
 
 
Home occupation
 
P
P
P
 
 
 
 
 
 
Live/work unit
 
 
 
P
 
 
 
 
 
 
Manufactured home
 
P
P
P
 
 
 
 
 
 
Mobile home park
 
 
 
 
P
 
 
 
 
 
Short-term rental
 
P
P
P
P
 
 
 
 
 
Accessory dwelling unit
 
P
P
P
 
 
 
 
 
 
(c) 
Nonresidential uses matrix.
Use Types
AG
R-1
R-2
R-3
MH
C-1
C-2
CBD
I-1
I-2
Agricultural uses
P
 
 
 
 
 
 
 
P
P
Alcoholic beverage sales
 
 
 
 
 
P
P
P
 
 
Animal shelter or kennel
P
 
 
 
 
P
P
 
P
P
Appliance repair and rental
 
 
 
 
 
P
P
 
P
 
Art gallery or museum
 
 
 
 
 
P
P
P
 
 
Automobile and equipment repair services
 
 
 
 
 
S
P
 
P
P
Automobile parts store
 
 
 
 
 
P
P
 
P
P
Automobile rental/sales
 
 
 
 
 
S
P
 
P
P
Bank or financial institution
 
 
 
 
 
P
P
P
 
 
Bar
 
 
 
 
 
P
P
P
 
 
Brewery or distillery
 
 
 
 
 
 
 
P
P
P
Broadcasting center
 
 
 
 
 
P
P
S
 
 
Campground
 
 
 
 
 
S
S
 
P
P
Carpentry shop
 
 
 
 
 
 
 
 
 
 
Car wash
 
 
 
 
 
S
P
 
P
P
Caterer
 
 
 
 
 
P
P
P
 
 
Cemetery
 
 
 
 
 
 
 
 
P
P
Community garden
P
P
P
P
P
 
 
 
 
 
Community center
 
 
 
 
 
P
P
P
 
 
Consignment center
 
 
 
 
 
P
P
P
 
 
Construction sales/service
 
 
 
 
 
 
P
 
P
P
Construction yards
 
 
 
 
 
 
 
 
P
P
Convalescent home
 
 
P
P
 
P
 
 
 
 
Day-care center
 
 
 
 
 
P
P
S
 
 
Education (primary)
 
P
P
P
 
P
P
 
 
 
Extraction
 
 
 
 
 
 
 
 
 
P
Farmers’ market
P
 
 
 
 
P
P
P
P
 
Food services, no drive-through
 
 
 
 
 
P
P
P
 
 
Food services, with drive-through
 
 
 
 
 
P
P
S
 
 
Funeral service
 
 
 
 
 
P
P
 
 
 
Garage, storage
 
 
 
 
 
 
P
 
P
P
Gas station
 
 
 
 
 
P
P
S
P
P
Gas or oil well operation
 
 
 
 
 
 
C
 
P
P
Group home
S
S
S
S
 
 
 
 
 
 
Gym or health/fitness center
 
 
 
 
 
P
P
S
 
 
Hospital, clinics, urgent care
 
 
 
 
 
P
P
S
 
 
Hotels/motels
 
 
 
 
 
P
P
S
 
 
Indoor recreation
 
 
 
 
 
P
P
P
S
 
Industry, general
 
 
 
 
 
 
 
 
P
P
Industry, heavy
 
 
 
 
 
 
 
 
 
P
Junkyards
 
 
 
 
 
 
 
 
 
P
Landfill, refuse, and compost disposal
 
 
 
 
 
 
 
 
S
P
Light industry
 
 
 
 
 
 
S
 
P
P
Livestock sales
S
 
 
 
 
 
 
 
P
P
Lounge or nightclub
 
 
 
 
 
 
P
 
P
 
Mixed-use
 
 
 
 
 
P
P
P
 
 
Mobile food vendor park
 
 
 
 
 
S
S
S
P
 
Movie theater
 
 
 
 
 
S
P
P
 
 
Office
 
 
 
 
 
P
P
P
P
P
Outdoor commercial recreation
P
 
 
 
 
 
P
 
P
P
Park and recreation
P
P
P
P
P
P
P
P
P
P
Parking structure or lot
 
 
 
 
 
 
P
 
P
P
Pawn shop
 
 
 
 
 
P
P
 
 
 
Personal services
 
 
 
 
 
P
P
P
 
 
Pet services
 
 
 
 
 
P
P
P
 
 
Pharmacy
 
 
 
 
 
P
P
P
 
 
Place of assembly
P
P
P
P
P
P
P
P
 
 
Postal facilities
 
 
 
 
 
 
 
 
 
 
Retail services, small
 
 
 
 
 
P
P
 
 
 
Retail services, large
 
 
 
 
 
 
P
 
P
 
Restaurants (drive-through)
 
 
 
 
 
P
P
S
 
 
Restaurants (general)
 
 
 
 
 
P
P
P
 
 
Safety services
 
 
 
 
 
P
P
S
P
P
Self-storage facility (primarily indoor)
 
 
 
 
 
S
P
 
P
P
SES (solar energy system) primary use
 
 
 
 
 
 
S
 
P
P
Telecommunication tower
S
S
S
S
S
S
S
 
P
P
Truck sales
 
 
 
 
 
 
 
 
P
P
Truck stop
 
 
 
 
 
 
P
 
P
P
Truck terminal
 
 
 
 
 
 
 
 
P
P
Urban farming
P
 
 
 
S
 
S
S
P
P
Utilities
 
 
 
 
 
 
S
 
P
P
Vehicle storage facilities
 
 
 
 
 
 
S
 
P
P
Veterinary
 
 
 
 
 
P
P
 
P
 
Warehousing (enclosed)
 
 
 
 
 
 
S
 
P
P
Warehousing (open)
 
 
 
 
 
 
 
 
P
P
WECS (small wind energy system)
 
 
 
 
 
S
S
 
P
P
Winery
 
 
 
 
 
 
S
S
P
P
(d) 
Uses that are not listed.
Uses that are not listed are subject to the requirements below in determining their application in this Zoning Code.
(1) 
If a proposed use is not specified in section 156.03.09 or 156.03.10, above, [9.03.058(b) or (c)], the administrator has the authority to decide that the use is either a subcategory of a permitted or conditional use or a use that is functionally similar to a permitted or conditional use. If the administrator authorizes the use, then all standards of the similar use apply.
Editor’s note–Ordinance 20-07, sec. 156.03.08, contained a scrivener’s error citing sections 156.03.09 and 156.03.10.
(2) 
If the administrator determines that a proposed use is not a subcategory of or functionally similar to a permitted or conditional use than the use is prohibited.
(Ordinance 20-07, sec. 156.03.08, adopted 11/19/20)
These provisions are intended to permit occasional, temporary uses and activities, when consistent with the objectives of this Zoning Code and compatible with surrounding uses. They are further intended to prevent temporary uses from assuming the character of permanent uses.
(1) 
Commercial circuses, carnivals, fairs, festivals, or other transient events. Provided that events are located on property owned by the sponsoring nonprofit organization, or are located within an AG, C-1, C-2, I-1, or I-2 zoning district. Such uses shall not exceed eight (8) weeks in duration without approval from the city.
(2) 
Construction batch plants. In the I-1 or I-2 District, provided that:
(A) 
No plant may be located within 600 feet of a developed residential use, park, or school.
(B) 
The facility is located no more than one (1) mile from its job site. The administrator may extend this distance to two (2) miles, if such extension avoids use of local streets by plant-related vehicles.
(C) 
Hours of operation do not exceed twelve (12) hours per day.
(D) 
The duration of the plant’s operation does not exceed 180 days.
(3) 
Construction site offices. If located on the construction site itself.
(4) 
Development sales offices. Such offices may remain in place until ninety percent (90%) of the lots or units within the development are sold and may not be located within a mobile home or manufactured home/structure.
(5) 
Garage sales. Provided that the frequency of such sales at any one location are limited to one (1) sale of no more than three (3) days’ duration in a month, and three (3) sales during any twelve (12) month period.
(6) 
Mobile food vendors at fixed location. Any mobile food vendor not parked within a designated mobile food vendor park may also operate at a fixed location subject to the following regulations:
(A) 
Mobile food vendors shall be connected to an individual electric meter, shall not be connected to water or sewer lines, and shall only be located on a paved surface or other similar type surface in zoning districts that allow restaurants. The mobile food vendor structure shall either be anchored to the ground or mounted on wheels and shall be wired in metal conduit. Mobile food vendors shall not sell alcoholic beverages.
(B) 
The mobile food vendor shall provide written permission from the property owner to park on their lot to the administrator upon request.
(C) 
Trash receptacles shall be provided by the mobile food vendor each time they set up. The trash must be removed and properly disposed of each day.
(D) 
Mobile food vendors may not park on public property or right-of-way without express permission from the administrator.
(E) 
Mobile food vendors are only allowed to park on commercially or industrially zoned property.
(7) 
Outdoor art shows and exhibits. Provided that such show or exhibit does not last more than seven (7) days without administrator approval.
(8) 
Outdoor commercial or seasonal sales. Including Christmas tree or other holiday-related merchandise sales lots, refreshment kiosks, [and] seasonal fruit, vegetable or plant sales, provided that such facilities are not located in a residential zoning district.
(9) 
Outdoor special sales. Provided that such sales operate no more than three (3) days in the same week and five (5) days in the same month and are in commercial or industrial zoning districts.
(10) 
Public assemblies, displays, and exhibits.
(11) 
Temporary housing at a job site. During construction of a new building or structure, temporary recreational vehicles or trailers may be placed on the job site to house workers actively working on construction of the building or structure subject to the following:
(A) 
Waste must be disposed of in accordance with city sanitary codes and not disposed of on-site or in the streets.
(B) 
The buildings must be located so as not to block public streets and alleys or sidewalks and be wholly on the property.
(C) 
All temporary housing units must be removed within ten (10) days of receiving the certificate of occupancy or the completion of active construction work, whichever is sooner.
(12) 
Additional temporary uses that the administrator determines to be similar to the previously described uses in this section.
(13) 
Conditions for all temporary uses.
(A) 
Each site shall be left free of debris, litter, or other evidence of the use upon its completion or removal with trash containers and recycling container placed near the area for exhibits, assemblies, and shows.
(B) 
Temporary buildings shall comply with all site development regulations of the respective zoning district.
(C) 
All temporary uses shall comply with access and circulation requirements of the Kermit Code of Ordinances.
(D) 
All temporary uses shall comply with signage and lighting requirements of the Kermit Code of Ordinances.
(E) 
The administrator may establish other conditions that he/she deems necessary to ensure compatibility with surrounding land uses. Examples include but are not limited to:
(i) 
Hours of operation.
(ii) 
Proof of general liability insurance for the event.
(iii) 
Provision of public safety enhancements.
(Ordinance 20-07, sec. 156.03.09, adopted 11/19/20)