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Kermit City Zoning Code

Division 4

Site Development Regulations

§ 9.03.091 Purpose.

Site development regulations are established to promote compatible land use patterns, appropriate to the purposes, and the specific nature of each district.
(Ordinance 20-07, sec. 156.04.01, adopted 11/19/20)

§ 9.03.092 Application.

The regulations apply to all sites, in each respective zoning district, including development and redevelopment, in the city except where explicitly listed as excluded in this Zoning Code.
(Ordinance 20-07, sec. 156.04.02, adopted 11/19/20)

§ 9.03.093 Residential zoning district dimensional regulations chart.

Regulator
AG
R-1
R-2
R-3
MH
Lot dimension (feet)
Minimum lot depth
100'
100'
100'
100'
100'
Minimum lot width
60'
40'
40'
80' for multi-family 40' for all other uses
40'
Yard setback dimensions (feet)
Front yard minimum*
20'
20'
15'
15'
20'
Side yard (interior)
5'
5'
5'
15'
5'
Side yard (corner)
10'
10'
10'
20'
20'
Rear yard (adjacent to alley)
2' = structure with no alley access 5' = structure with alley access
2' = structure with no alley access 5' = structure with alley access
2 '= structure with no alley access 5' = structure with alley access
10' = 1 story structure 30' = 2+ story structure
10'
Rear yard (no adjacent alley)
5' = 1 story structure 10' = 2 story structure
5' = 1 story structure 10' = 2 story structure
5' = 1 story structure 10' = 2 story structure
10' = 1 story structure 30' = 2+ story structure
5' = 1 story structure 10' = 2 story structure Structure height (feet)
Structure height (feet)
Maximum height (principal structure)
32'
32'
32'
56'/4 stories
28'
Area coverage
Maximum impervious surface ratio
70%
70%
80%
90%
80%
Notes:
*Minimum front yard setback can be reduced to 10 feet if lot is served by a paved alley and no front driveway is provided or allowed.
(Ordinance 20-07, sec. 156.04.03, adopted 11/19/20)

§ 9.03.094 Nonresidential zoning district dimensional regulations chart.

Regulator
C-1
C-2
CBD
I-1
I-2
Lot dimension (feet)
Minimum lot depth
100'
100'
100'
None
None
Minimum lot width
60'
60'
0'
None
None
Minimum yard setback dimensions (feet)
Front yard
15'
15'
0'
30'
40'
Side yard (interior)
0' when not adjacent to residential uses 10' when adjacent to residential uses
0' when not adjacent to residential uses 10' when adjacent to residential uses
0'
15'
15'
Side yard (corner)
15'
15'
0'
25'
25'
Rear yard
0' when not adjacent to residential uses 20' when adjacent to residential uses
0' when not adjacent to residential uses 20' when adjacent to residential uses
0' when not adjacent to residential uses 10' when adjacent to residential uses
20'
30'
Structure height (feet)
Maximum height (principal structure)
56'/4 stories
70'/5 stories
None
None
None
Area coverage
Maximum impervious surface ratio
70%
80%
None
90%
90%
Notes: [none listed]
(Ordinance 20-07, sec. 156.04.04, adopted 11/19/20)

§ 9.03.095 Minimum floor area per dwelling unit.

No residential structure shall have less than 500 square feet per one-bedroom unit, 740 square feet per two-bedroom unit, and 150 square feet for each additional unit.
(Ordinance 20-07, sec. 156.04.05, adopted 11/19/20)

§ 9.03.096 Maximum occupancy.

The maximum occupancy of a dwelling unit located in the R-1, R-2, R-3, and MH districts shall not exceed one (1) family plus three (3) unrelated persons.
(Ordinance 20-07, sec. 156.04.06, adopted 11/19/20)

§ 9.03.097 Accessory buildings and uses.

(a) 
Accessory uses and structures in general.
Accessory and temporary uses and structures are permitted in any district in connection with any principal use lawfully existing within such district when located in the same district as the principal use or in an adjoining district in which the principal use is permitted. Accessory uses, and accessory buildings and structures include, but are not limited to, those set out in the table below.
(b) 
Permitted accessory uses.
Use Types
AG
R-1
R-2
R-3
MH
C-1
C-2
CBD
I-1
I-2
Accessory dwelling unit
P
P
P
P
P
 
 
 
 
 
Animal coops, pens, runs
P
P
P
P
P
 
 
 
P
P
Barn or stable (private use only)
P
 
 
 
 
 
 
 
 
 
Building mounted telecommunication antennas
P
 
P
P
P
P
P
 
P
P
Carport
P
P
P
P
P
 
 
 
 
 
Greenhouse (private use only)
P
P
P
P
P
 
 
 
 
 
Home occupation
P
P
P
P
P
 
 
 
 
 
Outdoor storage
P
P
P
P
P
P
P
 
P
P
Parking lots
P
 
P
P
 
P
P
 
P
P
Portable storage units/shipping containers
P
 
 
 
 
 
P
 
P
P
Private garage
P
P
P
P
P
P
P
 
P
P
Private pool or recreational equipment
P
P
P
P
P
 
 
 
 
 
Refreshment kiosks
P
 
 
 
 
 
P
 
P
P
Sheds and storm shelters
P
P
P
P
P
P
P
 
P
P
Solar energy systems
P
P
P
P
P
P
P
P
P
P
Temporary construction buildings
S
S
S
S
S
S
P
 
P
P
Temporary construction equipment or yards
P
S
S
S
S
S
P
 
P
P
(c) 
General requirements.
No accessory structure or use shall be constructed or established on any lot prior to the time of the substantial completion of the construction of the principal structure to which it is accessory and shall comply with the regulations of the applicable zoning district.
(d) 
Accessory use standards.
(1) 
Setbacks.
Accessory buildings are subject to all site development regulations of its zoning district, except as provided below:
(A) 
Side yards.
An accessory building or structure must be located a minimum of five (5) feet from the side lot line of the property.
(B) 
Front yards.
No accessory building or structure may be located between the front building line of the principal building and the front property line. Carports may be constructed within five (5) feet of the front property line if the sides remain open on both sides.
(C) 
Rear yard.
The minimum rear yard setback for accessory building and structures shall be five (5) feet if the accessory building has a garage door directly oriented toward an alley. If no access is fronting the alley, the setback is reduced to two (2) feet. Easements may be incorporated into these required setbacks. No accessory building shall be located within any easement or right-of-way along the rear property line.
(D) 
Street yard.
No accessory building or structure shall be located within twenty (20) feet from any street right-of-way line.
(E) 
Garage setbacks.
Any detached garage that fronts on a public street must be set back at least twenty (20) feet from the adjacent property line, regardless of the setback requirement within the zoning district. This shall not be interpreted to waive a larger required minimum setback required by the zoning district.
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(2) 
Residential accessory building size.
(A) 
The maximum size of a detached garage for a single-family detached, single-family attached, or duplex residential uses shall not exceed the larger of 720 square feet, or 33% of the building coverage of the principal residential structure. A detached garage may exceed these maximums subject to approval of a specific use permit and other requirements of this section.
(B) 
All accessory buildings on a site, taken together with the principal structure(s), must comply with the building coverage requirements for the zoning district.
(3) 
Height.
In residential districts, the maximum height shall be fifteen (15) feet for any accessory building.
(4) 
Other standards for accessory buildings.
(A) 
Separation from other buildings.
No accessory building shall be placed within five (5) feet of any other building on its own property.
(B) 
Attached accessory buildings.
Any accessory building physically attached to the principal building shall be considered part of the principal building and subject to the development regulations of its zoning district, except as modified in this section.
(C) 
Hazards.
Any accessory use that creates a potential fire hazard shall be located a minimum of ten (10) feet from any residential structure. Such uses include but are not limited to detached fireplaces, barbecue ovens, or storage of flammable materials.
(D) 
No accessory building shall be built upon any lot until construction of the principal building has begun.
(E) 
Any animal coops, pens, or runs must be located no less than twenty (20) feet from any habitable building on an adjacent property. The use shall be visually screened from adjacent residential uses. The use shall be constructed of durable materials and located entirely to the rear of the principal residential structure.
(Ordinance 20-07, sec. 156.04.07, adopted 11/19/20)

§ 9.03.098 Outdoor storage and display standards.

Outdoor storage is permitted only as provided in this section, subsection 9.03.097(b), Permitted Accessory Uses, and any applicable use conditions listed in this Zoning Code.
(1) 
AG Agricultural.
Outdoor storage is permitted, as listed in subsection 9.03.097(b), Permitted Accessory Uses, only where incidental to agricultural uses.
(2) 
Residential districts.
Except as otherwise provided by this Zoning Code, any goods, equipment, materials, machinery, and parts thereof stored on any residentially zoned property must be:
(A) 
Stored in completely enclosed buildings; or
(B) 
In spaces not more than five percent (5%) of the lot size and screened by fencing and/or evergreen shrubbery providing at least an 80% screen and having a height of no less than six (6) feet nor more than eight (8) feet.
(3) 
Commercial districts and CBD.
Outdoor storage is permitted, as listed in subsection 9.03.097(b), Permitted Accessory Uses, where incidental to any use provided that such storage:
(A) 
Occupies a maximum of ten percent (10%) of the gross floor area of the principal building; and
(B) 
Is completely screened at property lines by an opaque barrier, as set forth in section 9.03.216, Bufferyard and Screening Provisions.
(4) 
Industrial districts.
Outdoor storage is permitted, as listed in subsection 9.03.097(b), Permitted Accessory Uses, where it is incidental to industrial uses provided that such storage:
(A) 
Is subject to screening requirements set forth in section 9.03.216, Bufferyard and Screening Provisions.
(5) 
These provisions shall apply to any established use after the effective date of this Zoning Code.
(6) 
Where provisions for outdoor storage are listed in other sections of this Zoning Code, those section provisions apply over the provisions listed above.
(Ordinance 20-07, sec. 156.04.08, adopted 11/19/20)

§ 9.03.099 Fence regulations.

(a) 
Corner visibility.
In any district, no fence or continuous planting shall be maintained within the sight triangle which would impair the sight distance of the operator of a motor vehicle.
(b) 
Location.
No fences are permitted in the public street right-of-way and shall be erected and maintained to avoid limiting or obstructing the flow of water in natural drainage courses, or drainageways created within easements.
(c) 
Easements.
Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.
(d) 
Materials.
The following materials shall be required:
(1) 
Fences shall be constructed of wood, chain-link, PVC/resin, stone or masonry materials, concrete block, or metal.
(2) 
Wood fences shall use standard building lumber only.
(3) 
Barbed wire fences are not permitted except for in the AG, I-1, or I-2 districts and are defined as any fence that includes in its material barbs, blades, razors, electric current, or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Barbed wire may not be used at heights lower than eight (8) feet. Barbed wire may not be used when adjacent to a residential use.
(4) 
When metal panel fences are installed, they must be uniform in material color and design and not constructed of mismatching panels.
(e) 
Height limits.
 
Front Yard
Interior Side Yard
Street Side Yard
Rear Yard
Residential districts
3 feet
8 feet
3 feet*
8 feet
Nonresidential districts
8 feet**
8 feet
8 feet
8 feet
*Height may be increased up to six (6) feet at the point beginning at the rear wall of the dwelling.
**Fences shall not be permitted in the front yard of commercial districts.
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(f) 
Appeals.
Denial, revocations, or cancellations of a building permit based on the provisions of this section may be appealed to the board of adjustment, as set forth in subsection 9.03.345(k), Appeals.
(Ordinance 20-07, sec. 156.04.09, adopted 11/19/20)

§ 9.03.100 Home occupations.

(a) 
No home occupation may be operated in such a manner as to create offensive noise, odor, smoke, heat, vibration, electronic interference, or other interference with the appropriate use and enjoyment of adjacent properties or otherwise constitute a nuisance or safety hazard to adjacent persons or properties.
(b) 
No outdoor storage of equipment or materials used in the home occupation shall be permitted beyond what is allowed for residential districts.
(c) 
No more than twenty-five percent (25%) of the total floor area of a dwelling unit may be devoted to the home occupation.
(d) 
No internal or external alteration which would change the basic characteristic of the building as a residential dwelling shall be permitted.
(e) 
No nonresident employee may be employed on the premises at any time. A home occupation may be carried on by members only of the immediate family.
(f) 
No public display of goods shall be allowed.
(g) 
A permitted home occupation may be operated or maintained as an accessory use only in the principal building.
(h) 
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
(i) 
No motor vehicle repair is permitted for customers.
(j) 
If a home occupation which is operated as a nonconforming use, as defined by section 9.03.285, Nonconforming Uses, becomes subject to the terms and provisions of subsection 9.03.285(3), Abandonment of Nonconforming Use, or subsection 9.03.284(d), Repair of Nonconforming Structures, then the home occupation shall also be subject to all of the provisions of this section.
(Ordinance 20-07, sec. 156.04.10, adopted 11/19/20)

§ 9.03.101 General performance standards.

(a) 
Purpose.
Performance standards are established to minimize conflicts among land uses, to preserve the use and enjoyment of property, to provide for the protection and conservation of natural features, and to protect the public health, safety and welfare. These performance standards shall apply to all uses of land or structures and are in addition to any requirements applying to specific zoning districts.
(b) 
Lighting.
No use or structure shall be operated or occupied as to create light or glare in such an amount or to such a degree or intensity as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(c) 
Odor emissions.
No use or structure shall be so operated or occupied as to create odor in such an amount or to such a degree as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(d) 
Noise.
No use or structure shall be operated or occupied as to create noise in such an amount or with such recurrence or at such time of day as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(e) 
Vibration.
No use or structure shall be operated or occupied as to create vibration in such an amount or with such recurrence or at such time of day as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(f) 
Uses with flammable, toxic, and hazardous materials.
No use or structure involving the manufacture, storage, or use of explosive or flammable materials shall be operated or occupied as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(1) 
The storage, manufacture, utilization, or dispensing of substances that may constitute or may cause danger to public health, safety, or welfare shall be conducted only within the limits and conditions specified in the latest edition of both the International Fire Code and International Building Code.
(2) 
The emission of toxic or explosive vapors, dusts, or aerosols into the atmosphere shall not exceed, at the facility property line, fifty percent (50%) of the limit of such as is given in “Threshold Limit Values” as adopted at the most recent International Fire Code and International Building Code.
(3) 
No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream, or drainage way.
(4) 
The container size, location, design, and construction of any storage tank, building, or facility for any flammable, toxic, or other hazardous material shall be approved by the fire marshal and the administrator as a part of the building permit application and shall be based upon the requirements of the International Fire Code and International Building Code.
(g) 
Pollution prevention.
No use or structure shall be operated or occupied as to discharge waste material in such an amount as to constitute a hazardous condition, or as to unreasonably interfere with the use and enjoyment of property by any person of normal sensitivities, or otherwise as to create a public nuisance.
(1) 
No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the Texas Commission on Environmental Quality (TCEQ) or its successor, the Texas Department of Health or its successor, and the Texas Railroad Commission or its successor.
(2) 
No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of Texas Commission on Environmental Quality (TCEQ) or its successor.
(Ordinance 20-07, sec. 156.04.11, adopted 11/19/20)