This chapter shall be known and may be cited as "The City of Kemp Zoning Ordinance."

(Ord. of 1-10-2006, § 1)

Zoning regulations and districts are herein established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, and to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. of 1-10-2006, § 2)

(a)

General rules of construction. The following rules of construction shall apply to the interpretation of words used in this chapter:

(1)

The terms "building" and "structure" are synonymous.

(2)

The terms "lot," "plot" and "tract" are synonymous.

(b)

Special definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Abutting property. Property abutting upon a street shall also be understood as abutting property on the other side of the street.

Accessory use or building means a use or building subordinate to and detached from the main building and used for purposes customarily incidental to the primary use of the premises.

Adjacent means "next to" or "closest to," but shall not necessarily mean "touching."

Alley means a public space or thoroughfare which affords only secondary means of access to property abutting thereon.

Antenna/microwave reflector means an apparatus constructed of solid, mesh, or perforated materials of any configuration that is used to receive and/or transmit microwave signals from a terrestrial or orbitally located transmitter or transmitter relay. The term "antenna/microwave reflector" is meant to include, but is not limited to, what are commonly referred to as satellites which receive only earth stations.

Antenna, radio or television, means the arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.

Apartment means a room or suite of rooms in a multifamily dwelling or apartment house designed or occupied as a place of residence by a single family, individual or group of individuals.

Apartment house means any building or portion thereof, which is designed, built, rented, leased or let to be occupied as a home or place of residence by three or more families living in independent dwelling units.

Area of the lot or building site means the net area of the lot or site and shall not include portions of streets and alleys.

Basement means a building story which is partly underground, but having a least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

Block means an area enclosed by streets and occupied by or intended for buildings; where this term is used as a term of measurement, it shall mean the distance along a side of a street between the nearest two streets which intersect said street on said side.

Board of adjustment means the zoning board of adjustment of the city.

Buildable width means the width of the building site left to be built upon after the required side yards are provided.

Building means any structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. When subdivided in a manner sufficient to prevent the spread of fire, each portion so subdivided may be deemed a separate building.

Building, detached, means a building surrounded by yard or open space on the same building lot.

Building ends means those sides of a building having the least dimension as compared to the front or rear of a building. As used in the building space regulations for multiple-family dwelling, the term "building end" shall mean the narrowest side of a building, regardless of whether it fronts upon a street, faces the rear of the lot or adjoins the side lot line or another building.

Building, front of, means the side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building inspector means the building official or person charged with the enforcement of the zoning and building codes of the city.

Building line means a line parallel or approximately parallel to the street line at a specified distance therefrom constituting the minimum distance from the street line that a building may be erected.

Building lot means a single tract of land located within a single block which (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. It shall front upon a street or approved place. Therefore, a building lot may not coincide with a lot of record. A building lot may be subsequently subdivided into two or more building lots, and a number of building lots may be cumulated into one building lot, subject to the provisions of this chapter.

Building, main or primary, means a building in which is conducted the principal use of the lot on which it is situated.

Canopy means any structure of a permanent fixed nature attached to or independent of the main structure, built and designed for the purpose of shielding from the elements, persons or chattels or a roof-like structure of a permanent nature which is supported by or projects from the wall of a structure.

Cellar means a building story with more than one-half its height below the average level of the adjoining ground. A cellar shall not be counted as a story in computing building height.

Certificate of occupancy and compliance means an official certificate issued by the city through the enforcing official indicating conformance with or approved conditional waiver from the zoning regulations and authorizing legal use of the premises for which it is issued.

Contiguous means "touching" or "in contact."

Court means an open, unoccupied space, bounded on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building. An outer court is a court having one side open to a street, alley, yard or other permanent space.

Coverage means the percent of a lot or tract covered by the roof or first floor of a building.

Depth of lot means the mean horizontal distance between the front and rear lot lines.

Depth of rear yard means the mean horizontal distance between the rear line of a building other than an accessory building and the rear lot line, except as modified in the text of any section in this chapter.

District means a section of the city for which the regulations governing the area, height or use of the land and buildings are uniform.

Duplex means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Dwelling unit means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family, and multiple-family dwellings, except for buildings designed and used as hotels, boarding houses, roominghouses, and motels.

Family means an individual or group of two or more persons related by blood, marriage, adoption or guardianship, including foster children, exchange students, and servants, together with not more than two additional persons not related by blood, marriage or adoption to the previously identified individual or group, living together as a single housekeeping unit in a dwelling unit or a family home for the disabled as defined by the Community Homes for Disabled Persons Location Act, Vernon's Ann. Civ. St. art. 1011n, as it presently exists or may be amended in the future, but not including household care or rehabilitation care facilities.

Floodplain means an area of land subject to inundation by a 100-year frequency flood, as shown on the floodplain map of the city. The term "floodplain" is interchangeable with the term "flood hazard area."

Floor area means the total square feet of floor space within the outside dimensions of a building, including each floor level, but excluding cellars, carports, garages or porches.

Floor area ratio means the ratio of total building floor area to lot area.

Front yard. See Yard, front.

Garage sale means the sale of items normally accumulated by a household subject to compliance with each of the following conditions:

(1)

No more than four garage sales shall be allowed for the same location in any 12-month period.

(2)

The duration of the garage sale shall not exceed three consecutive days.

Gross floor area. The gross floor area of a building shall be measured by taking outside dimensions of the building at each floor level.

Heavy load vehicle (HLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight (GVW) of greater than 11,000 pounds, such as large recreational vehicles, tractor trailers, buses, vans, and other similar vehicles. The term "truck" shall be construed to mean "heavy load vehicle" unless specifically stated otherwise.

Height means the vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to the:

(1)

Highest point of the roofs surface if a flat surface;

(2)

Deck line of mansard roofs; or

(3)

Mean height level between eaves and edge for hip and gable roofs; and

in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten feet. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

Industrialized housing means a residential structure designed for use and occupancy by one or more families, constructed in one or more modular components built at a location other than the permanent residential site, designed to be used as a permanent residential structure when the modules or modular components are transported to the permanent residential site and are erected or installed on a permanent foundation system. The term "industrialized housing" shall not mean or apply to:

(1)

Housing constructed of sectional or penalized systems not utilizing modular components; or

(2)

Any ready-built home which is constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location.

Landscape screen means plant material of the evergreen variety, a minimum of six feet in height at the time of installation and planted on four-foot centers. All such landscape screens shall be permanently maintained. Adequate facilities shall be provided for permanent watering at the time of installation.

Light load vehicle (LLV) means a self-propelled vehicle having a manufacturer's recommended gross vehicle weight not greater than 11,000 pounds, and having no more than two axles, such as pick-up trucks, vans, recreational vehicles, campers and other similar vehicles, but not including automobiles and motorcycles.

Living unit means the room or rooms occupied by a family and which includes cooking facilities.

Lot means an undivided tract or parcel of land under one ownership having frontage upon a public street or officially approved place, either occupied or to be occupied by a building or building group, together with accessory buildings, and used together with such yards and other open spaces as are required by this chapter, which parcel of land is designated as a separate and distinct tract and is identified by a tract or lot number or symbol in a duly approved subdivision plat of record.

Lot, corner, means a lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector.

Lot coverage means the percentage of the total area of a lot occupied by the base (first story of floor) of a building located on the lot or the area determined as the maximum cross-sectional area of the building.

Lot line, front, means that boundary of a building lot which is the line of an existing or dedicated street. Upon corner lots either street line may be selected as the front lot line providing a front and rear yard are provided adjacent and opposite, respectively, to the front lot line.

Lot line, rear, means that boundary of a building lot which is most distant from or is most nearly parallel to the front lot line.

Lot line, side, means that boundary of a building lot which is not a front lot line or a rear lot line.

Lot lines means the line bounding a lot as defined herein.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the county clerk; or a parcel of land the deed for which is recorded in the office of the county clerk prior to the adoption of the ordinance from which this chapter is derived.

Lot or building site means land occupied or to be occupied by a building and its accessory building, and including such open spaces as are required under this chapter, and having its principal frontage upon a public street or officially approved place.

Lot width means the width of a lot at the front building lines.

Main building means the building or buildings on a lot which are occupied by the primary use.

Manufactured home (HUD code) park means any tract of land, under single ownership, of not less than one-half acre and not more than ten acres, approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the city relating to the location, use, construction, operation or maintenance of manufactured housing.

Manufactured home (HUD code) subdivision means a tract of land of not less than two acres to be used as a location primarily for owner-occupied HUD code manufactured homes and which has been final platted of record in its entirety in accordance with chapter 34 and in accordance with the article VI of this chapter.

Manufactured modular home means a structure or building module as defined by statute and under the jurisdiction and control of the state department of labor and standards, installed and used as a residence by a consumer, transportable in one or more sections on a temporary chassis or other conveyance device, and designed to be used on a permanent foundation system. The term "manufactured modular home" includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term "manufactured modular home" does not include a mobile home as defined by statute; nor does it include building modules incorporating concrete or masonry as the primary structural component.

Manufacturing processes. Uses restricted from other zoning districts but permitted in the M-1 and M-2 districts under this definition are manufacturing and industrial uses which do not emit dust, smoke, odor gas, fumes, or present a possible hazard beyond the bounding property lines of the lot or tract upon which the use or uses are located, and which do not generate noise or vibration at the boundary of the lot or tract which is generally perceptible in frequency or pressure above the ambient level of noise or vibration in the adjacent area.

Mobile home park. See Manufactured home (HUD code) park.

Mobile home subdivision. See Manufactured home (HUD code) subdivision.

Nonconforming building or use means a building, structure or use of land lawfully occupied at the time of the effective date of the ordinance from which this chapter is derived, or amendments thereto, and which does not conform to the use regulations of the district in which it is located.

Occupancy means the use or intended use of the land or buildings by proprietors or tenants.

Off-street parking incidental to main use means off-street parking spaces provided in accordance with the requirements specified by this chapter and located on the lot or tract occupied by the main use or within 200 feet of such lot or tract and located within the same zoning district as the main use or in an adjacent parking district.

Off-street parking space means an area for the temporary storage of an automobile which shall be permanently reserved for such purpose and which shall not be within or on any public street, alley or other right-of-way. (See article VII of this chapter for detailed descriptions and regulations.)

Open space means area included in any side, rear or front yard or any unoccupied space on the lot that is open and unobstructed to the sky except for the ordinary projections of cornices eaves, porches and plant material. Also see Usable open space.

Open storage means the storage of any equipment, machinery, commodities, raw, semi-finished materials, and building materials, not accessory to a residential use, which is visible from any point on the building lot line when viewed from ground level to six feet above ground level, for more than 24 hours.

Parking space means an all-weather surfaced area used for parking a vehicle, not on a public street or alley, together with an all-weather surfaced driveway connecting the area with a street, permitting free ingress and egress without encroachment on the street.

Planning and zoning commission means the duly appointed planning and zoning commission of the city.

Plat means a plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city and subject to approval by the planning and zoning commission.

Radio, television and microwave towers means structures supporting antenna for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antenna installations for home use of radio or television.

Residence means the same as the term "dwelling"; when used with district, an area of residential regulations.

Residential district means any zoning district included in this chapter in which residential use constitutes the primary permitted use classification, including the SF-E, SF-1, SF-2, MF, MH-1 and MH-2 district classification.

Room means a building or portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters, but not including toilet or cooking facilities.

Screening device. See Landscape screen.

Setback means the minimum horizontal distance between the front wall of any projection of the building, excluding steps and unenclosed porch and the side street.

Sign means an outdoor advertising device that is a structure, or that is attached to or painted on a building, or that is leaned against a structure for display on-premises.

Site plan means a detailed line drawing, to scale, showing scale used, north arrow, date and title of project, clearly describing the project and showing the following information:

(1)

Property lines, location and widths of all streets, alleys and easements.

(2)

Proper dimensions on all fundamental features such as lots, buildings, parking spaces and landscaped areas.

(3)

The location of setback lines, driveway openings and sidewalks.

(4)

All proposed buildings, freestanding sign locations, parking areas and open spaces.

(5)

All required landscaping, together with a description of type of material to be used.

(6)

A cross-section of any required or proposed screening.

(7)

Total square footage of the development lot; total square footage of proposed structures; total footage of landscaped areas; total percentage of coverage; density of floor area ratio where applicable; height of all structures; number of parking spaces; square footage and design features of all signs; and solid waste collection facilities.

(8)

Name, address and telephone number of the proponent.

Story means the height between the successive floors of a building from the top floor to the roof. The standard height for a story is 11 feet, six inches.

Street means any thoroughfare or public driveway, other than an alley, more than 30 feet in width, which has been dedicated or deeded to the public for public use.

Street line means a dividing line between a lot, tract or parcel of land and a contiguous street; the right-of-way.

Street, local or residential, means a street designed to serve properties abutting and in the immediate vicinity of the street, having a minimum right-of-way width of 50 feet in single-family residential districts and 75 feet in all other districts.

Street, major, means a street designed to serve the entire community or substantial portions of the community, as well as traffic of non-local origin and destination, having a minimum right-of-way width of 100 feet.

Street, secondary or collector, means a street designed to serve an area roughly one quarter mile distant from each side of the street, having minimum right-of-way width of 75 feet.

Structural alterations means any change in the supporting member of a building, such as a bearing wall, column, beams or girders.

Structure means the same as the term "building."

Swimming pool (private) means a swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located within the required side or rear yards; however, a pool shall not be located closer than eight feet to any property line.

Tennis court (private) means a surface designed and constructed for playing the game of tennis, along with all fencing, nets and related appurtenances, but excluding lighting for night play in residential areas, except as may be otherwise provided or restricted by the specific use permit.

Thoroughfare means the same as the term "street."

Two-family dwelling means a building designed for occupancy by two families living independently of each other within separate units which have a common wall and are under one roof.

Usable open space means an open area which is designed and intended to be used for outdoor living and/or recreation. An area of common usable open space shall have a slope not exceeding ten percent, shall have no dimension of less than ten feet, and may include landscaping, walks, water features and decorative objects. Usable open space shall not include rooftops, accessory buildings, parking areas, driveways, turnaround areas, or right-of-way or easement for streets or alleys.

Variance means an adjustment in the application of the specific regulations of this chapter to a particular parcel of property which, because of special conditions or circumstances peculiar to the particular parcel, is necessary to prevent the property from being deprived of rights and privileges enjoyed by other parcels in the same vicinity and zoning district.

Wholesale means the sale of goods, merchandise, services and/or commodities for resale by the purchaser and does not offer retail sales to the general public.

Yard means an open space, other than a court, on the lot in which a building is situated and which is not obstructed from a point 40 inches above the general ground level of the graded lot to the sky, except as provided for roof overhang and similar special architectural features and plant material.

Yard, front, means an open, unoccupied space on a lot facing a street extending across the front of a lot between the side lot lines and from the main building to the front lot or street line with the minimum horizontal distance between the street line and the main building line as specified for the district in which it is located.

Yard, rear, means an open, unoccupied space, except for accessory buildings as herein permitted extending across the rear of a lot from one side lot line to the other side lot line.

Yard, side, means an open, unoccupied space or spaces on one side or two sides of a main building and on the same lot with the building, situated between the building and a side line of the lot and extending through from the front yard to the rear yard. Any lot line not the rear line or front line shall be deemed a side line.

Zoning district map means the official certified map upon which the boundaries of the various zoning districts are drawn.

Zoning ordinance means this chapter containing land use regulations for the city.

(Ord. of 1-10-2006, § 34)

Any person or corporation violating any of the provisions of this chapter shall, upon conviction, be fined a sum not to exceed $2,000.00 per day and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of the chapter to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

(Ord. of 1-10-2006, § 38)

State Law reference— Authority to adopt penalty, V.T.C.A., Local Government Code § 211.012; general penalty, V.T.C.A., Local Government Code § 54.001.