Within the zoning districts established by this Ordinance or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this Ordinance was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this Ordinance to allow such nonconforming uses to continue, as long as the conditions within this Section and other applicable sections of this Ordinance are met.

It is further the intent of this Ordinance that nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the allowed uses in the districts involved.

Any use, platted lot or structure which does not conform with the regulations of this Zoning Ordinance on the effective date hereof or any amendment hereto, except as expressly provided in Subsection “C” below, shall be deemed a nonconforming use, platted lot or structure provided that:

Any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Ordinance or any amendment hereto, and except as provided in Subsection “C” below, shall be deemed to be in violation of this Ordinance, and the City shall be entitled to enforce fully the terms of this Ordinance with respect to such use, platted lot or structure.

The following types of platted lots shall be deemed in conformance with the provisions of this Ordinance, notwithstanding the fact that such lot does not meet the standards of this Ordinance in the district in which it is located:

A lot of record that is nonconforming (such as may be located in the original Old Town Krum area) may be occupied by a single-family dwelling provided that all appropriate zoning district regulations (e.g., height, setbacks, lot coverage, etc.) are met.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be re-occupied by a conforming use, following abandonment of the nonconforming use.

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this Ordinance, as amended, and with any other applicable City codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be deemed “abandoned” in the following circumstances:

The use of a structure that has a replacement cost of one thousand five hundred dollars ($1,500.00) or less, which does not conform to the provisions of this Ordinance, or any amendment thereto, shall be discontinued and the structure removed within six (6) months (i.e., within 180 calendar days) following the effective date of this Ordinance, or amendment thereto.

If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this Ordinance (or amendment thereto) is made nonconforming by this Ordinance (or amendment thereto), then such open/outside storage use shall cease within six (6) months (i.e., 180 calendar days) following the effective date of this Ordinance (or amendment thereto). The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

Any nonconforming use not involving a permanent type of structure which is moved from the premises for any length of time shall be considered to have been abandoned and subsequent use of the property shall be in conformance with this Ordinance.

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use (in either a conforming or nonconforming structure) may be changed to a conforming use provided that a new Certificate of Occupancy is secured from the City, and, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use (upon issuance of a new Certificate of Occupancy from the City for the new use), but shall not be changed to a nonconforming use.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

A nonconforming use occupying a structure shall not be extended to occupy land outside the structure.

A nonconforming use or structure shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use or structure became nonconforming, except to provide additional off-street parking or loading areas required by this Ordinance.

If more than sixty percent (60%) of the total appraised value, as determined by the Denton County Appraisal District, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this Ordinance.

If less than or equal to sixty percent (60%) of the total appraised value, as determined by the Denton County Appraisal District, or forty percent (40%) structural damage as determined by the City, of a nonconforming structure is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed (upon issuance of a building permit by the City) as it was before the partial destruction but only to its original dimensions, floor area, height and exterior construction materials, provided that such reconstruction is approved after a public hearing and favorable action by the Board of Adjustment, and provided that such reconstruction is completed within one (1) year (i.e., 365 calendar days) following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the one-year reconstruction period may be extended by the Mayor, or his/her designee.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in Subsection 7.6 above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this Ordinance.

Nothing in this Ordinance shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty percent (50%) of the structure’s appraised value, as determined by the Denton County Appraisal District.

No nonconforming structure or building shall be moved in whole or in part to any other location on the lot, or to any other location or lot, unless every portion of such structure is in compliance with all the regulations of the zoning district wherein the structure is to be relocated. Such building relocation shall also require a structure relocation permit from the City, and may also require platting of the intended building site pursuant to the City’s Subdivision Ordinance as well as site plan approval per Section 12 of this Ordinance.

Nothing in this Ordinance shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this Ordinance.

Nothing contained in this Section 7 is intended to alter any rights that may have accrued to proceed under prior regulations, pursuant to Texas Local Government Code Section 43.002, or Sections 245.001 to 245.006.

The Planning and Zoning Commission (also referred to as the “Commission”) shall function according to the powers, duties and procedures established in Article 1.07, Division 2, of the City’s Code of Ordinances, as amended.

There is hereby created a Board of Adjustments (BOA), hereafter referred to as the “Board,” for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this Ordinance that are consistent with the general purpose and intent of this Ordinance. The Board shall be composed of members who are resident citizens, taxpayers and qualified voters of the City of Krum.

The Board of Adjustments shall consist of five (5) regular members, who shall be nominated for appointment by the Mayor or by a Council member of the City of Krum, and each person so nominated shall be approved by a simple majority vote of the full City Council before becoming a member of the Board, which shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, as amended. The City Council may, at its option and in accordance with Section 211.008 of the Texas Local Government Code, as amended, elect to serve as the Board of Adjustments. Should the City Council elect to serve as the Board of Adjustments, the Mayor shall not serve as a regular member but may be appointed to serve as an alternate member (see section 9.2.B below).

The City Council shall provide for the appointment of up to four (4) alternate members to serve in the absence of one or more of the regular Board members on an alternating basis such that all alternate members have equal opportunities to serve on the Board.

All regular members of the Board and all alternate members shall serve from October of the year of appointment for staggered terms of two (2) years, and may be re-appointed to successive terms on the Board subject to approval by simple majority approval of the full City Council. The members of the Board shall be identified by place numbers one (1) through five (5), and the alternate members shall be identified by place numbers one-A (1A) through four-A (4A). The two-year terms of the even-numbered places shall expire in the even-numbered years, and the terms of the odd-numbered places shall expire in the odd-numbered years. Newly appointed members shall be installed at the first regular Board meeting following their appointment.

Any vacancy(s) on the Board (both regular and alternate members) and any re-appointments upon expired terms shall be filled in the same manner as original appointments (see Subsection C above).

Members of the Board may be removed from office for cause, and after a public hearing, by a simple majority vote of the full City Council. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family.

The members of the Board (and alternate members, as needed) shall regularly attend meetings and public hearings of the Board, shall serve without compensation.

The Board of Adjustments shall elect a Chairperson and a Vice-Chairperson from among its membership, and each officer shall hold office for one (1) year or until replaced by a simple majority vote of the full Board. The Mayor, City Manager or other Administrative Official acting as the City’s chief executive shall serve or designate a person to serve as the Administrative Official to the Board of Adjustments. The Administrative Official shall keep minutes of all meetings held by the Board and all records of its proceedings in accordance with applicable Board Rules of Procedure and State Law. All records herein provided for shall be official records of the City of Krum. Decisions of the Board shall be considered filed upon recordation in the Office of the City Secretary.

The Board of Adjustments by majority vote shall have the power to adopt rules of procedure, for its own governance in conformance with State law, with approval by City Council.[1]

Meetings of the Board of Adjustments shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings of the Board shall be open to the public, and minutes shall be kept of all proceedings at Board meetings. Four (4) regular members or alternate members of the Board shall constitute a quorum for the conduct of business. All cases to be heard by the Board of Adjustments shall always be heard by at least seventy-five percent (75%) of the members (and/or alternates), which constitutes four (4) members (and/or alternates).

The Board of Adjustments shall have the authority, subject to the standards established in Sections 211.008 through 211.011 of the Texas Local Government Code and those established herein, to exercise powers and to perform duties including the following:

In exercising its authority under Subsection A.1 above, the Board of Adjustments may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the Board has the same authority as the administrative official.

The concurring vote of at least seventy-five percent (75%), or four (4) members/alternates, of the full Board of Adjustments is necessary to:

The Board of Adjustments may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot width or depth, or parking requirements may be warranted. In granting a variance, the Board shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the Board shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community.

The Board of Adjustments may not grant a use variance or take any action authorizing a use of property other than those permitted in the district for which the variance is sought.

The Board of Adjustments shall have no power to grant or modify Specific Use Provisions authorized under Section 36 of these regulations.

In the event that a request for a zoning amendment is pending before the Planning and Zoning Commission or the City Council, on a parcel of land for which an application for a variance or special exception has been received, the Board shall neither hear, nor grant any variances or take any action with respect to the subject property until final disposition of the zoning amendment by the Commission and the City Council.

The Board of Adjustments shall not grant a variance or special exception for any parcel of property or portion thereof upon which a site plan, preliminary plat or final plat, where required, is pending on the agenda of the Planning and Zoning Commission and, where applicable, by the City Council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to a hearing or final action by the Board of Adjustments.

Conditions Required for Variance - No variance shall be granted without first having given public notice and having held a public hearing on the variance request in accordance with Section 9.8 of this Ordinance, and unless the Board of Adjustments finds:

Findings of Undue Hardship - In order to grant a variance, the Board of Adjustments must make written findings that an undue hardship exists, using the following criteria:

A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege in developing a parcel of land not permitted by this Ordinance to other parcels of land in the particular zoning district. No variance may be granted which results in undue hardship upon another parcel of land.

Special Exceptions for Nonconforming Uses and Structures - Upon written request of the property owner, the Board may grant special exceptions to the provisions of Section 7 of this Ordinance, limited to the following, and in accordance with the following standards:

In addition to the authorization of variances and special exceptions from the terms of this Ordinance, the Board of Adjustments shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance. The Board of Adjustments may reverse or affirm, in whole or in part, or may modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the Board of Adjustments has the same authority as the administrative official. The Board of Adjustments may also hear and decide other matters authorized by the Subdivision Ordinance and other City ordinances regarding land use and development regulations.

Any of the following persons may appeal to the Board of Adjustments a decision made by an administrative official that is not related to a specific application, address, or project:

Except as provided by Section 9.7D, any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is related to a specific application, address, or project:

The appellant must file with the Board of Adjustments and the official from whom the appeal is taken a written Notice of Appeal specifying the grounds for the appeal. The Notice of Appeal shall be filed within twenty (20) days after the decision has been rendered. Upon receiving the Notice, the official from whom the appeal is taken shall immediately transmit to the Board of Adjustments all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board of Adjustments facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board of Adjustments or a court of record on application, after notice to the official, if due cause is shown. The appellant party may appear at the appeal hearing in person or by agent or attorney. The Board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. The Board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than sixty (60) calendar days after the written request (i.e., Notice of Appeal) was filed. The Board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination.

A member of the City Council may bring an appeal to the Board, but such City Council member shall “step down” in his/her capacity as a City Council member and shall remove himself/herself from the room during deliberation and voting on such appeal.

An application for a variance, special exception or appeal by the Board of Adjustments shall be made in writing using forms prescribed by the City, and shall be accompanied by an application fee (as set forth in the City’s Fee Schedule), a site plan, and any other additional information as may be requested by the City in order for the Board to properly review the application. Such information may include, but is not limited to, plat plans, site and/or building plans, photographs, topographic contour maps, and other similar documents. All drawings must be clearly legible and to scale.

The Development Services Director or his/her designee, shall prepare a report relating to requests for Board action including facts, data, findings and other information deemed relevant. The Board of Adjustments shall consider this report in addition to all other relevant evidence in making its determinations. Nothing in this provision shall change the burden of proof established in Section 9.8.E.

The Board of Adjustments shall hold a public hearing for consideration of a variance, or special exception request within a reasonable time after the date the application for action is filed. Written and/or published notice of the public hearing for a variance or special exception involving real property shall be provided as required by State law.

The Board of Adjustments shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in Section 9.6 has been satisfied. The Board of Adjustments may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this Ordinance.

The applicant bears the full burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his/her favor by the Board. Applicants may appear in person, by authorized agent or have legal representation at meetings of the board consistent with Open Meetings standards and any Rules of the Board or State Law. Failure to of an applicant to appear in person or by representative at a public hearing or other meeting where a request is being considered may be deemed prima facia evidence in addition to other factors in determining if an applicant has met an appropriate burden of proof.

No appeal to the Board for the same or a related variance or special exception on the same piece of property shall be allowed for a waiting period of one (1) year following an unfavorable ruling by the Board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the Board or the City Council so as to alter the facts and conditions upon which the previous unfavorable Board action was based. Such changes of circumstances shall permit the re-hearing of a variance or special exception request by the Board, but such circumstances shall in no way have any force in law to compel the Board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property.

Upon a favorable Board action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his/her particular situation, within three (3) months (i.e., 90 calendar days) following the date of Board action, unless the Board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the three-month time frame, then the variance or special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request.

All decisions of the Board of Adjustments are final and binding. However, any person aggrieved by a decision of the Board of Adjustments may present a verified petition to a court of record which states that the decision of the Board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten (10) calendar days after the date the Board’s decision is filed in the City Secretary’s office. Subject to the provisions of Chapter 211.011 of the Texas Local Government Code, only a court of record may reverse, affirm or modify a decision of the Board of Adjustments.

The City declares the enactment of these regulations governing the use and development of land, buildings, and structures as a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

In making a determination regarding a requested zoning change, the Planning and Zoning Commission and the City Council shall consider the following factors:

The City Council may from time to time, after receiving a recommendation thereon by the Planning and Zoning Commission and after public hearings required by law, amend, supplement, or change the regulations herein provided or the boundaries of the zoning districts specified on the Zoning Map.

An amendment to the Zoning Ordinance text may be initiated by the Mayor, or his/her designee, by the Planning and Zoning Commission, by the City Council, to address an issue or concern pertaining to any of the following:

An amendment to the Zoning Ordinance text initiated by the Mayor, or his/her designee, by the Planning and Zoning Commission, or by the City Council shall be processed in accordance with the procedures set forth in Section 10 of this Ordinance, following a simple majority vote by City Council members present and voting to call a public hearing on the matter and to direct City staff to study the question/issue, publish the required public notices, and place the proposed amendment on a Planning and Zoning Commission agenda for consideration and formulation of a recommendation to the City Council.

(Reserved)

Consideration for a change in any zoning district boundary line, specific property zoning, or special zoning regulations (such as within a Planned Development or as associated with a Specific Use Provision) for a specific property may be initiated only by the property owner or his/her authorized agent (proof of such authorization must be submitted with the zoning application, per Section 10.3) upon submission of an application form and fee (per the City’s Fee Schedule), or by the Planning and Zoning Commission or the City Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown in City records are different, the applicant shall submit proof of ownership and verification that he/she is acting as an authorized agent for the property owner.

No person who owes delinquent taxes, delinquent assessments, impact fees, or any other delinquent debts or obligations to the City of Krum, and which are directly attributable to a piece of property requested for zoning shall be allowed to submit a zoning request until the taxes, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner(s) thereof shall have been first fully discharged by payment, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes have been paid.

Each application for zoning, rezoning, a Specific Use Provision (SUP), Planned Development (PD) district zoning, shall be made in writing on an application form available at the City. The application shall be delivered to the City at least forty (40) calendar days prior to the date of the public hearing before the Planning and Zoning Commission, and shall be accompanied by payment of the appropriate fee as established in the City’s Fee Schedule. An accurate metes and bounds description of the subject property (or other suitable legal description), a survey (i.e., drawing) exhibit, and other appropriate exhibits (i.e., site plans, maps, architectural elevations, information about proposed uses, etc.) that are determined necessary by the Mayor, or his/her designee, shall also be submitted with the zoning application in order to ensure that the request is understood. A concept plan, as prescribed in Section 12 of this Ordinance, shall also be submitted along with any zoning request involving a Specific Use Provision (SUP) request or the formation of a Planned Development (PD) district.

All zoning change requests involving real property (including PD and SUP requests) shall be accompanied by a notarized statement verifying land ownership and, if applicable, authorization of land owner’s agent to file the zoning change request.

For zoning and rezoning requests involving real property (including PD and SUP requests), the Planning and Zoning Commission shall hold at least one public hearing on each zoning application, as per applicable State law (Texas Local Government Code Chapter 211, as amended), and written and/or published notice of the public hearing shall be provided as required by State law.

For requests involving proposed changes to the text of the Zoning Ordinance, notice of the Planning and Zoning Commission hearing shall be provided as required by State law.

The City may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., site plans, plats, etc.) in addition to State law requirements which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the applicant or its agent(s). Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the applicant and shall be required as part of a zoning change or development application.

Failure of the applicant or his/her authorized representative to appear before the Planning and Zoning Commission or the City Council at their respective meetings during which the application will be heard, discussed or considered shall constitute sufficient grounds for the Planning and Zoning Commission or the City Council, as applicable, to table or deny the application unless the City is notified in writing by the applicant at least seventy-two (72) hours prior to the hearing.

The Planning and Zoning Commission shall function in accordance with Section 8 of this Ordinance and with other applicable provisions in this Ordinance.

The Commission shall hold a public hearing on a zoning or rezoning request (including a PD or SUP request, and also including a proposed text amendment to the Zoning Ordinance). After all public input has been received and the public hearing is closed, the Commission shall make its recommendations on the proposed zoning request and concept plan (if submitted) stating its findings, its overall evaluation of the request, and its assessment regarding how the request relates to the City’s Comprehensive Plan. The Planning and Zoning Commission may, on its own motion or at the applicant’s request, defer its decision/recommendation (i.e., table the request) for not more than ninety (90) calendar days from the time the public hearing was first opened, or until it has had an opportunity to consider other information or proposed modifications to the request which may have a direct bearing thereon. If the Commission elects to table the request, such tabling shall specifically state the time period of the tabling by citing the meeting date whereon the request will reappear on the Commission’s agenda, and further notice in the newspaper and to surrounding property owners shall not be required.

When the Commission is ready to act upon the zoning request, it may recommend approval of the request as it was submitted by the applicant, approval of the request subject to certain conditions (i.e., as in the case of a Planned Development district or a Specific Use Provision), or disapproval of the request to the City Council.

If the Planning and Zoning Commission recommends denial of the zoning change request, it shall provide reasons to the applicant for the denial, if requested by the applicant.

Every zoning application, whether recommended for approval, approval with conditions or for denial, by the Planning and Zoning Commission shall be automatically forwarded (along with the Commission’s favorable or unfavorable recommendation) to the City Council for a second public hearing and action thereon, following appropriate public hearing notification as prescribed by State law.

No zoning application, whether for real property or for an amendment to this Ordinance, shall become effective until after the adoption of an ordinance by the City Council for same and its publication as required by law.

After a public hearing is held before the City Council regarding a zoning application, the City Council may approve the request in whole or in part, deny the request in whole or in part, table the application to a future meeting (and specifically citing the City Council meeting to which it is tabled), or it may refer the application back to the Planning and Zoning Commission for further study.

For zoning and rezoning requests involving real property (including PD and SUP requests), a favorable vote of three-fourths (3/4) of the full City Council shall be required to approve any change in zoning when written objections are received from twenty percent (20%) or more of the land area covered by the proposed change, or of the land area within two hundred feet (200') of the subject property, in accordance with the provisions of Section 211.006 of the Texas Local Government Code (commonly referred to as the “20% rule”). If a protest against such proposed zoning change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area of the land included in such a proposed change or those owners of property immediately adjacent to the subject property and extending two hundred feet (200') therefrom, such zoning change shall not become effective except by a three-fourths (3/4) vote of the full City Council.

The City Council may hold a joint public hearing on a zoning, rezoning or Zoning Ordinance text amendment request along with the Planning and Zoning Commission, but the City Council shall not take action on the request until it has received a final recommendation from the Commission. Notification for the City Council’s public hearing, whether held separately or jointly with the Commission, may be accomplished simultaneously with the public notification given for the public hearing to be held before the Planning and Zoning Commission (this is sometimes referred to as “double notification”).

A designated City of Krum official, such as the Mayor, or his/her designee, shall be authorized by the City Council to administer and enforce the provisions of this Ordinance. If such designated official finds upon his/her own personal observation, or upon receipt of a complaint, that the provisions of this Ordinance are being violated, he/she shall immediately investigate and, when necessary, give written notice to the person(s) responsible to cease or correct such violation(s) immediately. Notice may be delivered in person or by certified mail to the violator(s) or to any person owning or leasing a property where the violation is occurring. The designated City official, or his/her authorized representative, shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises that may be necessary to carry out the duties in the enforcement of this Ordinance.

Whenever any building or construction work is being done contrary to the provisions of this Ordinance, the designated City official, or his/her authorized representative, shall have the authority to order the work stopped by notice in writing served on the property owner or the contractor doing the work or causing such work to be done, and any such person shall forthwith stop such work until authorized in writing by the City to proceed with such work. Failure to immediately stop work as provided herein shall constitute a violation of this Ordinance, in accordance with Section 53 (Penalty for Violations), and may incur penalties for such violation.

Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any zoning or development application or on any appeal.

The City’s adopted Fee Schedule includes fees associated with various zoning- and development-related applications pursuant to this Ordinance for the purpose of recovering a portion of the administrative costs associated with processing zoning and development requests, including public hearings, that are called for in this Ordinance (see City’s Fee Schedule). Such fees shall be paid by the applicant and shall, to the extent possible, not be designed to restrict the applicant’s ability to seek and receive a hearing or to generate revenue for other than recovery of actual administrative costs incurred by the City in the review and processing of applications. Immediately upon receipt of a complete submission for a zoning change or other development plan approval (in accordance with Subsection 10.3C above), the City shall issue a fee receipt and shall create a case file as a permanent City record thereof.

No building or other structure shall be erected, moved, added to, or structurally altered without a building permit issued by the City of Krum. A building permit shall not be issued except in conformity with the provisions of this Ordinance, unless otherwise authorized by the Board of Adjustment in the form of a variance or special exception as provided in Subsection 9.6 of this Ordinance. A building permit shall not be issued until the property is properly zoned for the intended use, until the property is platted in accordance with the Subdivision Ordinance, nor until all appropriate plans have been approved by the City (including, but not limited to, a preliminary plat and/or final plat, a detailed plot plan, a final site plan, landscaping and facade plans, building structural plans, etc.).

Plans for any permanent or accessory structure to be constructed or otherwise located within the City shall be submitted to the Mayor, or his/her designee, prior to commencement of any type of site work or construction. An application for a building permit shall contain details of foundation and the structure that are sufficient to determine compliance with the City’s building and development codes. Upon submission of a complete application, the Mayor, or his/her designee, shall review it for compliance and shall issue a building permit if full compliance with all applicable City building codes, the Zoning Ordinance, the Subdivision Ordinance, and all other applicable City codes is verified. After issuance of a building permit and prior to issuance of a Certificate of Occupancy, the Mayor, or his/her designee, shall order the appropriate foundation, plumbing, electrical, framing and other applicable inspections to determine compliance with City building, zoning and development codes.

Failure of an applicant or any of his/her agents, representatives or contractors to erect, construct, reconstruct, alter, use or maintain any building, structure or premises in conformance with the approved plans upon which a building permit was issued, when such failure constitutes a violation of any provision of this Ordinance, shall render such building permit void, and the Mayor, or his/her designee, is hereby authorized and directed to revoke any such permit by giving written notice to the applicant or his/her agent or representative, and all work upon such building, structure or premises shall be immediately discontinued until such building, structure or premises shall be brought into conformance with the approved plans and with all applicable City codes and ordinances.

A Certificate of Occupancy shall be required for any of the following:

No such use, or change of use, shall take place until a Certificate of Occupancy therefor shall have been issued by the Mayor, or his/her designee. The application fee(s) for a Certificate of Occupancy shall be as set forth in the City’s Fee Schedule.

A record of all Certificates of Occupancy shall be kept on file at the City, and copies shall be furnished upon request to any person in accordance with State laws governing public records.

Written application for a Certificate of Occupancy for a new building or for an existing building which is to be altered shall be made prior to any type of occupancy within the building or on the site. Said Certificate shall be issued only after the Mayor, or his/her designee, orders the building or structure inspected and finds no violations of the provisions of this Ordinance or any other applicable City building- or development-related regulations.

Written application for a Certificate of Occupancy for the use of vacant land, a change in the use of land or a change in the use of a building, or for a change from a nonconforming use to a conforming use, shall be made to the Mayor, or his/her designee. If the proposed use is found to be in full conformity with the provisions of this Ordinance and other applicable City codes, the Certificate of Occupancy shall be issued after all required inspections are completed and approved by the Mayor, or his/her designee, within ten (10) calendar days following receipt of the application.

Every Certificate of Occupancy shall contain the following:

The Certificate of Occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Mayor, or his/her designee.

The Mayor, or his/her designee, may, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this Ordinance whenever the Certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provision of this Ordinance or the building code and other codes adopted by the City, and any amendments thereto.

Pending the issuance of a regular Certificate, a temporary Certificate of Occupancy may be issued by the Mayor, or his/her designee, for a time period not exceeding six (6) months (i.e., 180 calendar days) during the completion of alterations or during partial occupancy of a building pending its completion. Issuance of a temporary Certificate shall only be upon a finding by the Mayor, or his/her designee, that early occupancy of the premises prior to completion will not, in his/her opinion, be detrimental to the occupant’s or others’ health, safety or welfare. Issuance of a temporary Certificate shall not be construed to alter the respective rights, duties or obligations of the owner or of the City relating to the use occupancy of the premises or any other matter covered by this Ordinance.

A Certificate of Occupancy shall be required for all lawful nonconforming uses of land and/or buildings created by adoption of this Ordinance. Application for such Certificate of Occupancy for a nonconforming use shall be filed with the Mayor, or his/her designee, by the owner or occupant of the structure or land that is occupied by the nonconforming use within one (1) year (i.e., 365 calendar days) following the effective date of this Ordinance. It shall be the duty of the Mayor, or his/her designee, to issue a Certificate of Occupancy for a lawful nonconforming use upon receipt of application for same, but failure to apply for such Certificate for a nonconforming use (i.e., by the owner or occupant of the premises) shall be evidence that said nonconforming use was either illegal or did not lawfully exist as of the effective date of this Ordinance.

Nothing contained herein shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed as of the effective date of this Ordinance, and the remaining construction of which shall have been completed within one (1) year (i.e., 365 calendar days) following the effective date of this Ordinance. In addition, any nonresidential building or structure for which a building permit has been approved by the City not more than one (1) year (i.e., 365 calendar days) prior to the effective date of this Ordinance may be constructed according to the terms of that building permit.

This Section establishes a site plan review process for proposed nonresidential, mixed-use and higher density residential developments. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with the Comprehensive Plan and other appropriate design standards, safe and efficient vehicular and pedestrian circulation, adequate parking and loading, and adequate water supply, drainage and stormwater management, sanitary facilities, coverage, and other utilities and services.

Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached, and multifamily residential projects, and for any Planned Development district or Specific Use Provision. (Public hearings may also be required, see Sections 30 (OT district), 35, and 36.)

No building permit shall be issued for any of the above developments until a site plan and all other required engineering/construction plans are first approved by the City. No Certificate of Occupancy shall be issued until all construction and development conforms to the site plan and engineering/construction plans, as approved by the City. The site plan review process shall include up to four steps:

Site plan review shall not be required for single-family (detached) or two-family residential developments, unless the proposed subdivision will include a private amenity or facility comprised of one or more buildings (such as a private recreation/swimming facility, clubhouse, etc.) or a golf course, or unless the proposed subdivision will have private (not public) streets. In these instances, site plan submission and approval (in accordance with this Section) will be required for the private amenity or facility, the golf course clubhouse/hospitality area, and the gated (restricted access) entrances (also see Subsection 12.4.A.10 below).

An application for concept plan (voluntary except for Planned Developments or Specific Use Provisions) or site plan approval shall be comprised of the following (all required items/information must be received by the Mayor, or his/her designee, in order for a concept plan or site plan application to be considered complete (see Subsection 12.6 below) - incomplete submissions will not be reviewed until all deficient items and information have been received):

No person who owes delinquent taxes, fees, delinquent assessments, impact fees, or any other delinquent debts or obligations to the City of Krum, and which are directly attributable to a piece of property shall be allowed to submit an application for concept plan or site plan until the taxes, fees, assessments, debts, or obligations directly attributable to said property and owed by the owner or previous owner thereof shall have been first fully paid, or until an arrangement satisfactory to the City has been made for the payment of such debts or obligations. It shall be the applicant’s responsibility to provide evidence or proof that all taxes, debts and obligations have been paid.

For the purpose of these regulations, the “official submission date” shall be the date upon which a complete application for approval of a concept plan or site plan (that contains all elements and information required by the City) is submitted to the Mayor, or designee. No application shall be deemed officially submitted until the Mayor, or designee, determines that the application is complete and a fee receipt is issued by the City. Failure by the Mayor, or designee, to make a determination of incompleteness within ten (10) calendar days following the date on which the application was first received by the City, shall result in the application being deemed complete, and the “official submission date” shall become the 10th calendar day following initial receipt of the application by the City.

Concept plan and site plan applications which do not include all required information and materials (as outlined below and per other City development review policies which may change from time to time) will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff.

The City’s staff may require other information and data for specific concept plans/site plans. This data may include but is not limited to geologic information, water yields, flood data and/or hydrological studies, environmental information, traffic impact analysis, road capacities, market information, economic data for the proposed development, hours of operation, elevations and perspective drawings, lighting, and similar information. Approval of a concept plan or site plan may establish conditions for construction based upon such information.

The following criteria have been set forth as a guide for evaluating the adequacy of proposed development within the City of Krum, and to ensure that all developments are, to the best extent possible, constructed according to the City’s codes and ordinances.

The Mayor, or his/her designee, shall review the concept plan or site plan for compliance with all applicable City ordinances and with the Comprehensive Plan; for harmony with surrounding uses and with long-range plans for the future development of Krum; for the promotion of the health, safety, order, efficiency, and economy of the City; and for the maintenance of property values and the general welfare.

Concept plan or site plan review and evaluation by the Mayor, or his/her designee, shall be performed with respect to the following:

The applicant(s) should avail themselves of the advice and assistance of City officials, and should consult early and informally with the Mayor, or his/her designee, the City Planner, the City Engineer, and other applicable City officials before preparing a concept plan (a voluntary plan, except for Planned Developments or Specific Use Provisions) or a site plan in order to save time, money and to avoid potential unnecessary delays.

Prior to formal application for approval of any concept plan or site plan, the applicant(s) shall request and attend a pre-application conference with the Mayor, or designee, the City Planner, the City Engineer, and any other pertinent City official(s) in order to become familiar with the City’s development regulations and the development process. At the pre-application conference, the developer may be represented by his/her land planner, engineer and/or surveyor.

Upon official submission of a complete application for concept plan or site plan approval, the City shall commence technical review of the development proposal by forwarding a copy of the application to development review team members (such as the City Planner, City Engineer, Mayor, or his/her designee, Building Official, Fire Chief, etc.). Development review team members shall review the application and shall ascertain its compliance with these and other applicable City regulations. Following City staff review of the plan and supporting documents, and following discussions with the applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the applicant shall resubmit additional copies of the corrected plan to the Mayor, or designee, no later than ten (10) calendar days prior to the Planning and Zoning Commission meeting. Failure to resubmit corrected copies of the plan back to the City in time shall be cause for the Mayor, or designee, to forward the plan application to the Commission as it was originally submitted rather than the corrected version (corrected copies of the plan resubmitted to the City less than seven days prior to the meeting date shall not be accepted or forwarded to the Commission). If, upon resubmission of the corrected plan to the City, the Mayor, or designee, determines that the application is still incomplete or not correct (i.e., not ripe for consideration), the plan application shall be subject to denial.

All concept plan and site plan applications shall be reviewed by the Planning and Zoning Commission, and if in conformance with the provisions of this Ordinance and all other applicable regulations and codes of the City, they shall then be considered for approval by the City Council.

The Mayor, or his/her designee, shall schedule consideration of the concept plan or site plan on the regular agenda of the Planning and Zoning Commission within thirty (30) calendar days after the submission is received (or, in the case of an incomplete submission, after the submission is deemed complete). The Planning and Zoning Commission shall review the concept plan or site plan and shall recommend approval, approval subject to certain conditions, or disapproval of the concept plan or site plan. Every concept plan or site plan application, whether recommended for approval, approval subject to certain conditions, or disapproval, by the Planning and Zoning Commission, shall be automatically forwarded (along with the Commission’s recommendation) to the City Council.

The City Council shall consider the Planning and Zoning Commission recommendation and shall approve, approve subject to certain conditions, or disapprove the concept plan or site plan. The City Council may also, where appropriate, remand the concept plan or site plan application back to the Commission for reconsideration if it believes that there is a compelling reason to do so (such as the introduction of significant new facts or testimony, etc.). The City Council shall be the final approval authority for all concept plan or site plan applications.

The approval of a concept plan or site plan shall be effective for a period of six (6) months (i.e., 180 calendar days) beyond the date that the plan was approved by the City Council except as provided herein. By 12:01 a.m. on the 181st day following Council approval of the plan, the applicant must have completed a City-required “progress benchmark” as set forth below. If this is not accomplished, then the approved concept plan or site plan shall be deemed to have expired and shall become null and void. The series of “progress benchmarks” for a project, pursuant to the provisions of this paragraph, are as follows:

Prior to the lapse of approval for a concept plan or site plan, the applicant may petition the City (in writing) to extend the plan approval. Such petition shall be considered at a public meeting before the Planning and Zoning Commission for a recommendation to the City Council, and then considered by the City Council who may grant an extension at such time. If no petition for extension of concept plan or site plan approval is submitted, then the plan shall be deemed to have expired and shall become null and void. Any new request for concept plan or site plan approval shall be deemed a “new project”; shall be submitted with a new application form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section; and shall be reviewed for compliance with the ordinances and regulations in effect at the time the new application is made.

In determining whether to grant a request for extension, the City Council shall take into account the reasons for the lapse, the ability of the property owner to comply with any conditions attached to the original approval, and the extent to which development regulations would apply to the concept plan or site plan at that point in time. Upon considering these factors, as well as the Commission’s recommendation, the City Council shall either extend the concept plan or site plan or deny the request, in which instance the originally approved plan shall be deemed null and void. The property owner must thereafter submit a new concept plan or site plan application for approval as a “new project,” and shall conform to the zoning and development regulations then in effect.

Submission and approval of a concept plan (a voluntary plan except for Planned Development or Specific Use zoning requests) can be the first step in the approval process for a development project (either residential or nonresidential) if the applicant prefers to do so. City review and approval of a concept plan has many benefits for both the City and the applicant. The applicant benefits in that he/she gains preliminary review and scrutiny (as well as input and suggestions) on the overall conceptual layout of the proposed development from the City’s development review team. Approval of a concept plan may also offer the applicant some level of confidence that subsequent plan submissions will be favorably received and approved with few major changes to the project’s design and layout provided that the project complies with City regulations. For example, once the site plan and preliminary plat (and corresponding engineering plans) are submitted for a nonresidential project, unforeseen changes in site layout can prove to be expensive in terms of design and engineering costs and time lost due to major plan revisions. The City benefits in that it is allowed to become familiar with and involved in the project early in the development process (which is particularly important for large-scale developments and subdivisions). This allows the City to plan for and closely coordinate the provision of public facilities and services, thereby potentially avoiding future problems such as undersized utility lines, inadequate roadway capacities, unanticipated shortfalls in public services, and fiscal inefficiencies resulting from lack of planning and coordination.

Submission and approval of a concept plan is mandatory for a zoning request for a Planned Development or Specific Use Provision. Submission and approval of a concept plan is encouraged (but not required) in the following circumstances:

The purpose of a concept plan is to allow opportunity for City staff, the Planning and Zoning Commission and City Council to preview various development-related aspects of the project, including proposed major thoroughfare and collector street patterns; land use patterns and trends; environmental issues and constraints; building orientation and massing; conformance to the Comprehensive Plan, Zoning Ordinance (if the subject property is within the City’s corporate limits), Subdivision Ordinance, Future Land Use Plan, Thoroughfare Plan and other applicable plans and guidelines; and the property’s relationship to adjoining subdivisions or properties. Review of a concept plan would also assist the City in evaluating the possible impacts of the proposed development in terms of provision of essential public facilities and services, respecting and preserving important natural features and the environment, provision of open space and recreational opportunities, and protecting the general health, safety and welfare of the community.

When the overall development project is to be developed in phases, the concept plan area shall include the entire zoned property from which the phases are being developed, as well as an approximate development schedule. Where significant natural or man-made features, such as thoroughfares or creeks, make inclusion of the entire property in the concept plan unnecessary to adequately review the items to be shown on a concept plan, the plan may include a smaller study area. Boundaries such as major thoroughfares (existing or proposed), creeks, political subdivisions, or other such natural or man-made features may be used to delineate the smaller study area.

Submission of an application for concept plan approval shall be preceded by a pre-application conference with the City (see Subsection 12.9.A). The concept plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals two hundred feet (1" = 200') and on sheets twenty-four inches by thirty-six inches (24" x 36"), and it shall show at least (but not limited to) the following:

The concept plan shall be used only as an aid to show the anticipated layout of the proposed development, and to assess the adequacy of public facilities or services that will be needed to serve the proposed development. Any proposed use or development depicted on the concept plan shall not be deemed formal authorization or approval by the City until a final site plan is approved for the development (concept plan approval is to be thought of as a general acknowledgment by the City that the proposed layout generally conforms to the City’s zoning regulations, and that the proposed development can be adequately served by required public facilities or services). If the applicant chooses to construct only the initial phase(s) of a multi-phase project designated in the concept plan, a new concept plan may be required for site plan approval of subsequent phases, if the proposed development layout, character, or other conditions affecting the development substantially change from one phase to the next.

The approved concept plan shall be valid for a period of six (6) months (i.e., 180 calendar days) from the date of concept plan approval by City Council (see Section 12.10).

Submission and City approval of a site plan is required as stated in Subsection 12.2. The purpose of final site plan approval is to ensure that a development project is in compliance with all applicable City ordinances and guidelines prior to commencement of construction. Approval of the site plan, preliminary plat, landscape plan, building facade plan, and engineering plans are required prior to site construction.

When the overall development project is to be developed in phases, the site plan area shall include only the portion of the overall property that is to be developed/constructed.

Submission of an application for site plan approval shall be preceded by a pre-application conference with the City (see Subsection 12.9.A). The site plan shall be prepared by a qualified civil engineer, land planner, architect or surveyor, at a scale no smaller than one inch equals one hundred feet (1" = 100') and on sheets twenty-four inches by thirty-six inches (24" x 36"), and it shall clearly show in detail how the site will be constructed (such as paving, buildings, landscaped areas, utilities, etc.). The site plan shall include, but not be limited to the following:

The site plan shall be considered authorization to proceed with construction of the site provided all other required City approvals are obtained (such as preliminary plat, engineering plans, landscape plan, building facade plans, building permits, etc.). The approved site plan shall be valid for a period of six (6) months (i.e., 180 calendar days) from the date of approval by the City Council (also see Section 12.10).