Kermit City Zoning Code
Division 5
Specific Use Development Standards
§ 9.03.131 Accessory dwelling units.
(a)
Either the primary residential structure or the accessory dwelling unit must be owner-occupied.
(b)
The living area of an accessory dwelling unit shall not exceed 1,000 square feet or thirty percent (30%) of the area of the principal residence, whichever is less.
(c)
Only one accessory dwelling unit shall be allowed on any individual tract of land.
(d)
A mobile home, travel trailer, or recreational vehicle shall not be used as a detached accessory dwelling unit.
(e)
The total number of people, who live on the property, including the principal residence and the accessory dwelling unit, shall not exceed that of a “family” as defined in the Zoning Code.
(f)
One additional parking space meeting the definition of an off-street parking space, shall be provided for the accessory dwelling unit in addition to the minimum required for the primary use.
(g)
Architectural elements for residential accessory dwelling units:
(1)
The color and material of the roof of the accessory dwelling unit having an area equal to or greater than 400 square feet must closely resemble the color and materials of the roof of the main structure unless the accessory dwelling unit is prefabricated or prefinished.
(2)
The principal residence and the accessory dwelling units cannot exceed the maximum lot coverage or encroach in the setbacks for the property as regulated in the applicable zoning district.
(3)
Building setbacks for accessory dwelling units shall comply with all required building setbacks for the applicable zoning district.
(4)
No accessory dwelling unit may be sold or leased separately from the principal residence.
(Ordinance 20-07, sec. 156.05.01, adopted 11/19/20)
§ 9.03.132 Automobile rental, sales and repairs.
(a)
All service and repairs are performed within a fully enclosed building.
(Ordinance 20-07, sec. 156.05.02, adopted 11/19/20)
§ 9.03.133 Car washes.
(a)
There are not more than six (6), one-car bays.
(b)
All facilities are designed and configured such that any outdoor spraying preparation or drying activities are directed away from any abutting residential districts or uses.
(c)
Bay access is oriented and/or screen walls are provided to prevent headlights from shining onto any abutting residential district or use.
(d)
Accessory equipment is set back at least twenty (20) feet from all property lines.
(Ordinance 20-07, sec. 156.05.03, adopted 11/19/20)
§ 9.03.134 Extraction.
(a)
Erosion control.
A resource extraction use may not increase the amount of storm runoff onto adjacent properties as determined by review of the administrator. Erosion control facilities, including retention and sediment basins, are required of each facility, if necessary, to meet this standard.
(b)
Surface drainage.
The surface of the use may not result in the collection or ponding of water, unless specifically permitted as part of a specific use permit.
(c)
Storage of topsoil.
Topsoil shall be collected and stored for redistribution following the end of the operation.
(d)
(e)
Restoration of landscape.
The topography and soil of the resource extraction site shall be restored and stabilized within nine (9) months of completion of the operation. The site shall be seeded, planted, and contoured in a way that prevents erosion. Alternately, the site may be used as a lake or body of water, subject to approval by the city council with the recommendation of the commission.
(Ordinance 20-07, sec. 156.05.04, adopted 11/19/20)
§ 9.03.135 Mobile food vendor parks.
(a)
A mobile food vendor park is allowed by specific use permit, except when located in the I-1 District, according to the use matrix in subsection 9.03.058(c), Nonresidential Uses Matrix.
(b)
A mobile food vendor park shall be considered a primary use on a property and therefore is subject to all development standards applicable to the zoning of the property, including off-street parking requirements.
(c)
All mobile food vendors shall be removed from the mobile food vendor park upon closing of the park.
(d)
There must be a designated manager of the site that is responsible for the orderly organization of mobile food vendors, the cleanliness of the site, and the site’s compliance with all rules and regulations during business hours.
(e)
Mobile food vendor parks may be stand-alone establishments or may be located on a property with other permanent uses (i.e., retail establishments). These properties shall accommodate all required development standards for all primary uses.
(f)
Mobile food vendors shall not be parked on unimproved surfaces and at a minimum be parked on compacted gravel base.
(g)
Mobile food vendor parks adjacent to R-1 and R-2 zoned property (not including a mixed-use structures), shall provide appropriate screening.
(h)
Mobile food vendor park owners are encouraged to provide for an aesthetically pleasing environment which includes shade and seating elements in addition to pervious groundcover.
(i)
Vehicular drive-through service of food and/or beverages shall not be permitted.
(Ordinance 20-07, sec. 156.05.05, adopted 11/19/20)
§ 9.03.136 Gas stations.
(a)
Lighting is shielded to prevent the direct glare of beams onto any adjacent residential districts or uses.
(b)
No repairs other than minor automobile repairs are performed on the premises and any such minor repairs are performed only within the principal building on the premises.
(c)
No partially dismantled or wrecked vehicles are stored outside of a completely enclosed building.
(d)
The use is separated from all residential districts in accordance with section 9.03.216, Bufferyard and Screening Provisions.
(e)
If the use contains a car wash, the supplemental standards for a car wash shall apply.
(Ordinance 20-07, sec. 156.05.06, adopted 11/19/20)
§ 9.03.137 Junkyards.
(a)
The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls. Minimum height of this enclosure shall be eight (8) feet. Any such enclosure shall be constructed behind required landscaped bufferyards.
(b)
Each existing junkyard facility shall be screened as provided above within one (1) year of the effective date of this Zoning Code.
(1)
The above requirement shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.
(c)
Storage of materials within any junkyard may not be higher than the height of the surrounding screen fence or wall.
(d)
No new junkyards use may be established within 500 feet of the nearest property line of a pre-existing residential zoning district.
(Ordinance 20-07, sec. 156.05.07, adopted 11/19/20)
§ 9.03.138 Kennels.
(a)
Outdoor animal runs cannot exceed two thousand (2,000) square feet in area.
(b)
Outdoor animal runs shall be fully enclosed with a minimum six (6) foot tall solid fence. The run shall be maintained in a dust free, erosion-controlled manner.
(c)
Outdoor animal runs shall be located no less than fifty (50) feet from any adjacent ground floor use.
(d)
Dogs shall always be supervised while in the animal run and any barking dogs shall be immediately taken into the building.
(e)
Dog runs shall not be used after 9:00 p.m. or before 7:00 a.m.
(Ordinance 20-07, sec. 156.05.08, adopted 11/19/20)
§ 9.03.139 Manufactured home park and vacation travel trailer park standards.
§ 9.03.140 Multi-family dwellings.
(a)
Parking areas and garages shall be in the rear or side yards.
(b)
Walkways with a minimum width of five (5) feet shall directly connect each front door or front entrance with surrounding sidewalks, walkways, or paths.
(c)
All crossings of internal streets, access drives, and driveways shall have well-defined pavement markings and pedestrian crossing signs.
(d)
Lighting shall be shielded from adjacent properties and directed downward.
(Ordinance 20-07, sec. 156.05.10, adopted 11/19/20)
§ 9.03.141 Oil and gas wells.
Regulations for oil and gas well operation can be found in article 5.07 of the Kermit Code of Ordinances. Oil and gas well operations shall conform to all applicable laws, ordinances, rules, and regulations.
(Ordinance 20-07, sec. 156.05.11, adopted 11/19/20)
§ 9.03.142 Outdoor commercial recreation.
§ 9.03.143 Refreshment kiosks.
(a)
The applicant shall submit to the administrator a letter of authorization from the owner of the property upon which the refreshment kiosk is proposed to be located.
(b)
The refreshment kiosk shall be located on a paved surface.
(c)
Business signs, limited to flat wall signs, are permitted on the structure. All signage shall conform to all applicable laws, ordinances, rules, and regulations.
(d)
The design and operation of the refreshment kiosk shall comply with all applicable laws, ordinances, rules, and regulations.
(e)
The area of the refreshment kiosk shall not exceed 200 square feet.
(f)
A structure used for a refreshment kiosk shall not be required to be a permanent structure and may be a movable structure having skids or wheels. A movable structure shall be anchored to the ground adequately in a manner determined to be sufficient by the manufacturer of the building.
(Ordinance 20-07, sec. 156.05.13, adopted 11/19/20)
§ 9.03.144 Self-storage facilities.
(a)
The minimum size of a self-storage facility site shall be one (1) acre.
(b)
Primary activities within the facility shall be limited to the rental of storage cubicles and the administration and maintenance of the facility.
(c)
(d)
All driveways within the facility shall provide a paved surface with a minimum width of twenty-five (25) feet.
(e)
All storage must be within enclosed buildings and shall not include the storage of hazardous materials.
(f)
No storage buildings may open into required front yards.
(g)
Facilities must maintain landscaped bufferyards of thirty (30) feet adjacent to any public right-of-way and twenty (20) feet adjacent to other property lines, unless greater setbacks are required by division 7 of this article, Landscaping and Screening.
(Ordinance 20-07, sec. 156.05.14, adopted 11/19/20)
§ 9.03.145 Solar energy systems.
(a)
Height.
The system shall not be taller than twenty (20) feet in industrial and agricultural districts, twelve (12) feet in commercial districts, and six (6) feet in all other permitted districts.
(b)
Setbacks and lot coverage.
Setback and lot coverage standards for principal buildings in the underlying zoning district apply.
(c)
Easements.
No portion of any solar energy system shall extend into any easement, right-of-way, or public way regardless of above-stated minimum setbacks.
(d)
Interconnection agreement.
A solar energy system shall not be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer-owned system and a copy of executed interconnection agreement with the utility company is provided.
(e)
Abandonment.
Any solar energy system that is not operated for a continuous period of 180 days shall be considered abandoned and shall be removed by the property owner. Removal includes the entire structure including transmission equipment.
(f)
Maintenance.
The property owner of any solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of such a system.
(g)
Underground wire requirement.
The electrical collection system shall be placed underground within the interior of each parcel. Overhead lines shall not be permitted.
(h)
Industry standard.
As part of the approval, documentation shall be provided showing that the system and parts meet industry standards, such as Underwriters’ Laboratories (UL), or another standard applicable to the technology and materials of the system.
(i)
Solar access.
A property owner who has installed or intends to install a solar energy system shall be responsible for negotiation with other property owners in the vicinity for any necessary solar easement. The approval for solar energy system by the city does not constitute solar access rights.
(Ordinance 20-07, sec. 156.05.15, adopted 11/19/20)
§ 9.03.146 Telecommunication towers.
(a)
Purpose.
The regulation of telecommunication towers is intended to provide for the appropriate location and development of telecommunication towers and antennas to serve the residents and businesses, minimize the visual impacts of towers through careful design, siting and screening, prevent potential damage to adjacent properties through engineering and careful siting of structures, and maximize use of any new or existing towers to reduce the number of towers needed. The intent of this section is to:
(1)
Discourage the location of towers in residential areas and minimize the total number of towers throughout the city.
(2)
Encourage the shared use of new and existing towers, and the use of existing alternate structures.
(3)
Require users to locate and engineer towers and design sites in ways that minimize the adverse visual impact and ensure the public safety.
(b)
Compliance with Telecommunications Act.
The regulations herein have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996:
(1)
Cities have local authority over “placement, construction, and modification” of cellular telephone facilities and other personal wireless telecommunication service facilities.
(2)
Regulations “shall not unreasonably discriminate among providers of functionally equivalent services.”
(3)
Regulations “shall not prohibit or have the effect of prohibiting the provision of personal wireless services.”
(4)
“Denial shall be in writing and supported by substantial evidence.”
(5)
Cities may not “regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions.”
(c)
Design standards.
The use matrix in section 9.03.058, Use Matrix, shall govern the use of telecommunication towers. Prior to filling [filing] a request for a specific use designation or construction of a new facility, the following requirements must be met:
(1)
The setback of an antenna support structure from a residential zoning district, except by a specific use designation, measured from the base of the antenna support structure to the nearest residential zoning district boundary shall be equal to the height of the antenna support structure plus the setback of the zoning in which it is located.
(2)
The unmanned equipment buildings shall not exceed 750 square feet of gross floor area per building and shall not exceed twelve (12) feet in overall height.
(3)
The overall height of antenna support structures including the antenna shall not exceed 150 feet. Buildings or other independent support structures as defined in this section shall be exempt from the maximum height requirement; however, they shall comply with all other requirements as set forth.
(4)
The fall radius of the antenna support structure must be from finished grade to the height of the antenna plus an additional ten (10) feet.
(5)
The shared use of existing antenna support structures and approved antenna support structure sites shall be preferred to the construction of new facilities. The antenna support structures must be constructed to support a minimum of two (2) antenna arrays from two (2) separate telecommunication towers providers or users.
(6)
Telecommunications towers and telecommunications facilities should be designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screening the same color scheme, antennas integrated into architectural elements, and towers designed to look other than like a tower, such as light poles, power poles, and trees.
(d)
Additional design standard requirements.
(1)
Tower illumination.
Towers shall not be illuminated except as required by the Federal Aviation Administration (FAA) or other applicable federal or state agencies.
(2)
Radiation standards.
Telecommunication towers shall comply with current Federal Communications Commission (FCC) standards for non-ionizing electromagnetic radiation (NIER). The applicant shall submit verification that the proposed site plan ensures compliance with these standards.
(3)
A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on a building or other independent support structure. The fence shall not be less than eight (8) feet in height measured from finished grade. Access to the antenna support structure shall be through a locked gate.
(4)
Landscaping shall be required to screen as much of the antenna support structure as possible, the fence surrounding the antenna support structure, and any other ground-level features, such as a building. A combination of existing/native vegetation, natural topography, man-made features such as berms, walls, decorative fences and any other features can be used instead of landscaping if those features achieve the same degree of screening as the required landscaping. Landscaping shall be exempt for telecommunication towers where permitted by right.
(5)
In the event the use of any telecommunication towers, which would include the antenna support structure, has been discontinued for a period of 180 consecutive days, the antenna support structure shall be deemed abandoned. Determination of the date of abandonment shall be made by the administrator, who shall have the right to request documentation and/or affidavits from the antenna support structure owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove the antenna support structure within ninety (90) days of receipt of notice from the administrator notifying the owner/operator of such abandonment. If such antenna support structure is not removed within said ninety (90) days, the administrator may cause such antenna support structure to be removed at the owner’s expense. If there are two (2) or more users of an antenna support structure, then this provision shall not become effective until all users cease using the antenna support structure.
(Ordinance 20-07, sec. 156.05.16, adopted 11/19/20)
§ 9.03.147 WECS (wind energy conservation systems).
(a)
The distance from all lot lines or any building or power line to any tower support base of a WECS shall be equal to the sum of the tower height and the diameter of the rotor. A reduction of this requirement may be granted as part of referral to the council for approval if the city council, after recommendation by the commission, finds that the reduction is consistent with public health, safety, and welfare.
(b)
The distance between the tower support bases of any two WECS shall be the minimum of five (5) rotor lengths, determined by the size of the largest rotor. A reduction of this requirement may be granted as part of a referred approval if the city council, after recommendation by the commission, finds that the reduction does not impede the operation of either WECS.
(c)
Any tower or rotor shall maintain a distance of at least 100 horizontal feet from any structure, power line, or antenna located on another property.
(d)
The WECS operation shall not interfere with radio, television, computer, or other electronic operations on adjacent properties.
(e)
A fence eight (8) feet high with a locking gate shall be placed around any WECS tower base or the tower climbing apparatus shall begin no lower than twelve (12) feet above ground.
(f)
The height of the WECS may exceed the height restrictions of the base district by up to 50%. The bottom tip of any rotor must be at least ten (10) feet above any area accessible to pedestrians.
(Ordinance 20-07, sec. 156.05.17, adopted 11/19/20)