AN ORDINANCE OF THE CITY OF KRUM, TEXAS, REPEALING THE ZONING REGULATIONS (WRITTEN STANDARDS) IN THEIR ENTIRETY BUT MAINTAINING THE ZONING MAP IN CHAPTER 14, CODE OF ORDINANCES, AS ADOPTED BY ORDINANCE #97-4 ON THE 17th DAY OF MARCH, 1997, TOGETHER WITH ALL AMENDMENTS THERETO; ESTABLISHING AND PROVIDING NEW ZONING REGULATIONS; RENAMING EXISTING USE DISTRICTS AND CREATING NEW USE DISTRICTS IN ACCORDANCE WITH THE COMPREHENSIVE PLAN APPROVED BY THE CITY COUNCIL; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT OF BUILDINGS AND STRUCTURES, THE SIZE OF YARDS AND COURTS AND OPEN SPACES, AND THE HEIGHT, BULK, EXTERIOR ELEVATIONS AND USE OF BUILDINGS AND LAND FOR NONRESIDENTIAL, RESIDENTIAL AND OTHER PURPOSES; PROVIDING FOR SPECIFIC USE PROVISIONS; SPECIFYING MINIMUM REQUIREMENTS FOR OFF-STREET PARKING OF MOTOR VEHICLES AND OFF-STREET LOADING AREAS; PROVIDING MINIMUM REQUIRED FLOOR AREAS FOR DWELLING UNITS AND THE TYPE OF EXTERIOR CONSTRUCTION WITHIN CERTAIN ZONING DISTRICTS; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF EACH LOT THAT MAY BE OCCUPIED BY STRUCTURES; ADOPTING PERFORMANCE STANDARDS FOR NONRESIDENTIAL USES; ESTABLISHING THE BASIS FOR CREATING A BUILDING SITE; PROVIDING FOR THE INCLUSION OF NEW AND UNLISTED LAND USES; PROVIDING FOR CONCEPT AND SITE PLAN APPROVAL; PROVIDING FENCE AND WALL REGULATIONS; PROVIDING SPECIAL ACCESS STANDARDS; ADOPTING A ZONING DISTRICT MAP AND MAKING IT A PART OF THIS ORDINANCE, TOGETHER WITH ALL SYMBOLS, MARKINGS AND TABLES APPEARING ON SAID MAP AND WITHIN THE ORDINANCE; CREATING A BOARD OF ADJUSTMENTS AND DEFINING ITS POWERS AND DUTIES; CREATING A PLANNING AND ZONING COMMISSION AND DEFINING ITS POWERS AND DUTIES; PROVIDING FOR NONCONFORMING USES AND A METHOD OF DISCONTINUANCE THEREOF; DEFINING CERTAIN TERMS AS USED WITHIN THIS ORDINANCE; PROVIDING FOR A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH AND EVERY OFFENSE; PROVIDING A SAVINGS CLAUSE; PRESERVING RIGHTS IN PENDING LITIGATION REGARDING VIOLATIONS UNDER THE EXISTING ORDINANCE; AND PROVIDING AN ENACTING CLAUSE AND AN EFFECTIVE DATE.
Krum City Zoning Code
PART I
ENACTING PROVISIONS
§ 1 ENACTING CLAUSE.
THIS ORDINANCE IS HEREBY ENACTED AND ADOPTED AS THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF KRUM, TEXAS. THE ZONING REGULATIONS (WRITTEN STANDARDS) OF THE PREVIOUS ZONING ORDINANCE OF THE CITY, CHAPTER 14, CODE OF ORDINANCES, AS ADOPTED BY ORDINANCE #97-4 ON THE 17TH DAY OF MARCH, 1997, TOGETHER WITH ALL AMENDMENTS THERETO, ARE HEREBY REPEALED, THE USE DISTRICTS AND ZONING MAP ARE MAINTAINED, AND EXISTING USE DISTRICTS ARE RENAMED AND NEW USE DISTRICTS ARE CREATED BY THIS ORDINANCE TO READ AS FOLLOWS:
(Ordinance 2015-05-01 adopted 5/4/15)
§ 2 TITLE AND PURPOSE.
This Ordinance shall be known and may be cited as the City of Krum’s “Comprehensive Zoning Ordinance” or “Zoning Ordinance.”
As authorized by Chapter 211 of the Texas Local Government Code, the zoning regulations and districts as herein established have been made in accordance with an adopted comprehensive plan for the purpose of promoting the public health, safety, morals and general welfare, and protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City. They have been designed to lessen the congestion in the streets; to secure safety from fire, panic and other dangers; to ensure adequate light and air; to prevent the overcrowding of land and thus avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, wastewater treatment, schools, parks and other public requirements. They have been made with fair and reasonable consideration, among other things, for the character of each zoning district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of land and buildings; and with a view of insuring the harmonious, appropriate and sustainable use of land within the City and to prohibit the inharmonious, inappropriate or unsustainable use of land; thereby promoting the general good and welfare of the public.
(Ordinance 2015-05-01 adopted 5/4/15)
§ 3 ZONING DISTRICT MAP.
3.1
The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Zoning District Map of the City, which may also be cited as the “Zoning Map,” said map as adopted by Ordinance #97-4 on the 17th day of March, 1997, together with all amendments thereto, are adopted as a part of this Ordinance as fully as if the same were set forth herein in detail.
3.2
The zones, or districts, as adopted by Ordinance #97-4 on the 17th day of March, 1997, are hereby renamed and new zones, or districts created, in accordance with the following zoning districts equivalency table:
New Zoning Districts | Former Zoning Districts (Ordinance #97-4) | ||
|---|---|---|---|
Residential Districts | |||
A | Agricultural district (5 acres) | AG | Agricultural district (5 acres) |
SF-R | Single-Family-Rural district (5 acres) | SF-5 | Single-Family-5 district (5 acres) |
SF-E | Single-Family-Estate district (1 acre) | SF-1 | Single-Family-1 district (1 acre) |
SF-20 | Single-Family-20 district (20,000 sf) | SF-2 | Single-Family-2 district (20,000 sf) |
SF-10 | Single-Family-10 district (10,000 sf) | SF-3 | Single-Family-3 district (10,000 sf) |
SF-7.5 | Single-Family-7.5 district (7,500 sf) | SF-4A | Single-Family-4 district (7,500 sf) |
SF-4 | Single-Family-4A district (7,500 sf) (existing) | ||
SF-6 | Single-Family-6 district (6,000 sf) | SF-6 | Single-Family-6 district (existing) |
SF-PH | Patio Home district (zero-lot-line) | n/a | |
2F | Two-Family district (duplexes) | MF-2 | Multifamily Duplex district |
SF-A | Single-Family Attached district (townhomes) | n/a | |
MF-15 | Multifamily district (apartments) | MF-1 | Multifamily Apartments district |
MH | Manufactured Housing district | MHP | Mobile Home Park (10,000 sf lots/10 acres) |
Nonresidential Districts | |||
O | Office district | OFC | Office district |
R | Retail district | n/a | |
OT | Old Town Business district | n/a | |
C | Commercial district | COM | Commercial district |
LI | Light Industrial district | LI | Light Industrial district |
Overlay and Special Districts | |||
PD | Planned Development | PD | Planned Development |
SUP | Specific Use Provision | SUP | Specific Use Permit |
3.3
One original of the Zoning Map shall be filed in the office of the City Secretary and labeled as “Official Zoning Map of the City of Krum, Texas – Ordinance No. _____.” This original copy shall be the official Zoning Map and shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 3 of the Zoning Ordinance, Ordinance No. _____ of the City of Krum, Texas, adopted on the _____th day of __________, 2015.” This original copy shall not be changed in any manner. In case of any question, this original copy, together with amending ordinances, shall be controlling.
3.4
A replica copy of the official Zoning Map shall be placed in the office of the Mayor or his/her designee. The map replica copy shall be used for reference and shall be maintained up-to-date by posting thereon all subsequent amendments. Reproductions for informational purposes may only be made of the official Zoning Map or this replica copy.
Any changes or amendments made to the zoning district boundaries shall be made on the map replica copy promptly after the amendment has been approved by the City Council, together with a descriptive entry on the map that shows the ordinance number and the date upon which each official action was taken by the City Council to amend the Zoning Map, and the effective date of such Map change.
3.5
In the event that the official Zoning Map becomes damaged, destroyed, lost or difficult to interpret due to age, exposure, or the nature or number of changes or additions, the City Council may adopt, by ordinance following a public hearing, a new official Zoning Map which shall replace and supersede the prior Zoning Map, but which shall not, in effect, amend or otherwise change the original official Zoning Map or any subsequent amendment thereto. The new official Zoning Map shall bear the signature of the Mayor, attested by the City Secretary, and shall bear the seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the original Official Zoning Map referred to in Section 3 of the Zoning Ordinance, Ordinance No. _____ of the City of Krum, Texas, adopted on the _____th day of __________, 2015.” Unless the prior official Zoning Map has been lost or has been totally destroyed, the prior Map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ordinance 2015-05-01 adopted 5/4/15)
§ 4 ZONING DISTRICT BOUNDARIES.
4.1
The zoning district boundary lines shown on the Zoning Map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries shown as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. The zoning classification applied to a tract of land adjacent to a street, highway or alley shall be construed to extend to the centerline of the street, highway or alley unless, as a condition of zoning approval, it is specifically stated that the zoning classification shall not apply to the street, highway or alley.
B.
Boundaries shown as approximately following platted lot lines shall be construed as following such lot lines.
C.
Boundaries shown as approximately following City limits shall be construed as following such City limits.
D.
Boundaries shown as following railroad lines shall be construed to be located along the centerline of the railroad right-of-way, or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines of such railroad.
E.
Boundaries shown as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries shown as approximately following the centerlines of streams, rivers, creeks, canals, bodies of water, or drainageways shall be construed to follow such centerlines, and in the event of change in any such centerlines shall be construed to move with such centerlines.
F.
Boundaries shown as parallel to, or extensions of, features described in Subsections “A” through “E” above shall be so construed. Distances that are not specifically indicated on the Zoning Map shall be determined by the scale of the Map.
G.
Whenever any street, alley or other public way is vacated by official action of the City Council, or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or other public way shall be automatically extended to the centerline of such vacated street, alley or public way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.
H.
Where physical features on the ground are at variance with information shown on the Zoning Map, or if there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of Subsections “A” through “G” above, then the Zoning Board of Adjustment shall interpret the zoning district boundaries. If the Zoning Board of Adjustment cannot ascertain the zoning of the property, then the property shall be considered classified as “A” (Agricultural district) in the same manner as provided for newly annexed territory.
I.
If the zoning of property is invalidated by a judgment of a court of competent jurisdiction, the property shall be considered classified as “A” (Agricultural district) in the same manner as provided for newly annexed territory unless another zoning classification is otherwise dictated by the court.
J.
Prior zoning changes which are still valid and which were made between the effective date of the City’s original Zoning Ordinance (no ordinance number), adopted on July 7, 1959, and the City’s previous Zoning Ordinance Ordinance No. 97-4, as amended), adopted on March 17, 1997, and the effective date of this Ordinance are indicated in approximate locations on the Zoning Map until such time that the City adopts a new Zoning Map pursuant to, and in conjunction with, this Ordinance. For exact legal descriptions for zoning changes that occurred prior to the effective date of this Ordinance, refer to the adopting ordinances for each particular zoning change.
(Ordinance 2015-05-01 adopted 5/4/15)
§ 5 COMPLIANCE REQUIRED AND APPLICATION OF REGULATIONS.
5.1
All land, buildings, structures or appurtenances thereon located within the City of Krum, Texas which are hereafter occupied, used, constructed, erected, removed, placed, demolished, and/or converted shall be occupied, used, erected, altered, removed, placed, demolished and/or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located, as hereinafter provided, or such shall be subject to penalties as per Section 53 of this Ordinance. All of the standards and regulations prescribed herein shall be considered as the minimum requirement unless explicitly stated otherwise.
5.2
No uses shall be allowed which are prohibited by State or Federal law or which operate in excess of State or Federal environmental, pollution or performance standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board (TACB), Texas State Department of Health (TSDH), Texas Commission on Environmental Quality (TCEQ), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), or any other applicable State or Federal agency, as the case may be.
5.3
No lot upon which a building has been erected shall later be so reduced in area that the setbacks, yards and/or open spaces shall be smaller than those required by this Ordinance, nor shall a part of a yard or other open space required by this Ordinance for any building/lot be included as a part of a yard or other open space similarly required for another building/lot.
5.4
No building shall hereafter be erected or altered:
1.
To have more narrow or smaller front, side or rear yards than those required by this Ordinance;
2.
To exceed the maximum height allowed by this Ordinance;
3.
To occupy a greater percentage of lot area than allowed by this Ordinance; or
4.
To accommodate or house a greater number of families than is specified within this
Ordinance for the zoning district in which such building is located.
(Ordinance 2015-05-01 adopted 5/4/15)
§ 6 ZONING UPON ANNEXATION.
6.1
Newly annexed property shall be deemed to be zoned Agricultural (“A”) until such a time that the property becomes zoned to another permanent zoning district. As, as [sic] soon as practical following annexation, but in no event more than one hundred and eighty (180) calendar days thereafter, the City or the property owner(s) of the newly annexed area shall initiate proceedings to formally and legislatively establish Agricultural (“A”) or other appropriate zoning classification on the property, at which time the Mayor, or his/her designee, shall commence public notification and other standard procedures for zoning amendments as set forth in Section 10 of this Ordinance. Said proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.), however zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval and adoption have occurred, and as a separate and distinct action by the City Council.
6.2
The initial zoning of a land parcel, whether it is interim in nature, by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in Section 10 of this Ordinance and all other applicable State laws.
6.3
The owner of land to be annexed may submit an application for zoning the property simultaneously with submission of the petition for annexation, but no such annexation application may be made conditioned upon the approval of any particular zoning classification.
6.4
Within an area classified as “A” (Agricultural), whether newly annexed into the City or formally zoned as “A” (Agricultural):
A.
No person shall erect, construct or add to any building, sign, fence or other type of structure, or cause the same to be done, without first applying for and obtaining a building (or other applicable type of) permit.
B.
No permit for the construction of a building or use of land shall be issued by the City, other than a permit which will allow the construction of a building or use that is allowed in the “A” district, unless and until such territory has been classified in a zoning district other than the “A” district by the City Council in the manner prescribed by Section 10, except as provided in Subsection “B” [“C”] below.
C.
If plans and preparations for developing a property for a use other than those specified in the “A” district were already in progress prior to annexation of the property into the City of Krum, then the City Council may, at its discretion, authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following:
1.
An application for a building (or other applicable type of) permit for the proposed building, structure, use or land development must be made to the City within three (3) months (i.e., within 90 calendar days) after annexation of the property into the City; and
2.
The applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to annexation into the City (i.e., the project was already in progress with, and properly permitted by, the applicable jurisdiction, such as Denton County, when the City commences annexation proceedings on the property.
D.
In its deliberations concerning authorization to proceed with continuation and construction of a project which meets the criteria in Subsection 6.4.C above, the City Council shall take the following into consideration:
1.
The extent to which the project had progressed prior to annexation;
2.
Whether or not the project was in compliance with the City’s regulatory authority for lands within its extraterritorial jurisdiction at the time of annexation (such as platting, subdivision of property, provision of required public improvements, etc.);
3.
Applicable State and federal laws associated with the continuation of a development project that was commenced prior to annexation and City zoning and permitting authority; and
4.
Any other aspect of the development project that will or may have an effect upon the public health, safety, morals, convenience and general welfare.
(Ordinance 2015-05-01 adopted 5/4/15)