Required off-street parking shall be provided on the same lot/site as the use it is to serve, except as provided in the Old Town (OT) district.

All required vehicle parking shall be on a concrete-paved parking surface unless the existing parking area was paved with asphalt on the effective date of this Ordinance, in which case the existing asphalt parking area can be resurfaced with asphalt provided that the existing building or use is not substantially expanded in size or in its parking requirements. All driveways and approaches to parking spaces shall be similarly paved, except in the AG district.

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle).

To prevent nuisance situations, all parking area lighting shall be designed and operated so as not to reflect or shine on adjacent properties and in accordance with the standards established in Section 45.

For safety and firefighting purposes, free (i.e., mutual) access through to adjacent nonresidential parking areas shall be provided in accordance with Section 38.10 (Fire Lanes). Shared driveway openings shall be used, to the greatest extent possible, to minimize the number of curb cuts (and potential median openings) along roadways.

All off-street parking, maneuvering, loading and storage areas shall be paved with concrete paving in accordance with the City’s parking lot paving requirements (i.e., no parking shall be permitted on grass, within landscaped areas, or on other unimproved surfaces): six inch (6") thick reinforced concrete, 3,600 psi rating, with lime stabilization and minimum No. 3 rebar steel reinforcement at least twenty-four inches (24") on center and graded to drain properly per City standards (i.e., no standing or pooling of water). All driveway approaches shall be of reinforced concrete as described above, and shall be curbed to City standards. No paved parking space or area shall be designed such that a vehicle has to back up into a public street or across a public sidewalk, except as provided in the OT district, and except for single- and two-family dwellings, which are only allowed to egress onto a local (50' right-of-way) or residential collector (60' right-of-way) street (i.e., not onto an arterial street).

Existing parking areas that were already paved with asphalt on the effective date of this Ordinance may be kept maintained as such (including resurfacing with asphalt) provided that the existing building or use is not substantially expanded in size or in its parking requirements (see Section 7, Nonconforming Uses and Structures).

Non-concrete-paved parking areas and driveways within the Old Town (OT) district that were existing on the effective date of this Ordinance shall be deemed to be legally conforming, and may be resurfaced or expanded (with asphalt) to a small degree in accordance with the OT district standards.

All parking spaces shall be permanently and clearly identified by stripes, buttons, tiles, curbs, barriers, or other approved methods. Non-permanent type marking, such as paint, shall be regularly maintained to ensure continuous clear identification of the space.

Each standard off-street surface parking space size shall be in accordance with the design standards as shown on Illustration 2.A in Appendix A.4 of this Ordinance[1] for space size and design. Specific parking space sizes, exclusive of aisles, driveways and maneuvering areas shall be in accordance with the following minimum sizes:

All parking and loading spaces, and vehicle sales areas on private property shall have a vehicle stopping device (e.g., curb, wheel stop, etc.) installed so as to prevent parking of motor vehicles in any required landscaped areas, to prevent vehicles from hitting buildings, to protect public and/or private utility structures/facilities, and to prevent parked vehicles from overhanging a public right-of-way line, public sidewalk, or adjacent private property. An extra-wide walkway on private property may be permitted so as to allow encroachment of vehicle overhang while maintaining an unobstructed four-foot (4') minimum walkway width. Parking shall not be permitted to encroach upon the public right-of-way in any case. For new construction only, all vehicle maneuvering shall take place on-site. No public right-of-way shall be used for backing or maneuvering into or from a parking space (except business locations in the downtown area that are already in existence as of the effective date of this Ordinance), or for circulation within the parking lot. All entrances into parking lots shall be at least fifty feet (50') from the beginning/tangent point of any street corner radius. All entrances into parking lots shall be at least twenty-four feet (24') in width, or a maximum of forty-five feet (45') in width (fifty feet for divided entrances). Divided entrances into parking lots shall have a minimum ingress lane of eighteen feet (18'), a minimum landscaped median width of five feet (5') for an unbroken distance of at least one hundred feet (100'), and a minimum egress lane of twenty-two feet (22') with adequate curbline radii to comply with fire lane standards in the Fire Code.

In all nonresidential and multifamily zoning districts, the perimeter of all parking lots and driveways shall be provided with concrete curbs or other means to control traffic. Any driveway onto a State- or County-controlled roadway shall be reviewed and approved by the appropriate entity(s) (i.e., TxDOT, Denton County, etc.), and written evidence of such approval shall be submitted to the City of Krum prior to release for construction of the driveway or for improvements on the site. Spacing of driveways along a State- or County-controlled roadway shall conform with the appropriate entity’s design standards with respect to locations/spacing, and design and construction standards, etc. if such entity’s standards are more stringent that those of the City of Krum.

Refuse storage facilities placed in a parking lot shall not be located in a designated parking or loading space. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies and ease of egress from the site without having to back up further than twenty feet (20') and without having to go the wrong way in a traffic aisle.

Parking space(s) for persons with disabilities and other associated provisions (e.g., clear and unobstructed pathways into building, crosswalks across parking lots, etc.) shall be provided according to building codes, State laws, and requirements of the Americans with Disabilities Act (ADA). Parking spaces for persons with disabilities shall be as close as possible to the main entrance of the building, and shall be appropriately and clearly marked.

In all nonresidential and multifamily zoning categories, designated parking and loading areas shall not be used for the repair, storage, dismantling or servicing (except for normal maintenance of a private vehicle) of vehicles or equipment, for the placement of signs or refuse facilities, or for the storage of materials or supplies, or for any other use in conflict with the designated parking and loading areas (i.e., advertising or open storage of raw materials).

To ensure that all requirements set forth in this Section are carried forward, it will be the responsibility of the owner of the parking area to adequately maintain the facility. All off-street parking areas shall be kept free of trash, debris, vehicle repair operation or display and advertising uses. At no time after initial approval of the parking area layout can changes be made in the location and number of provided spaces without approval of a revised site plan (see Section 12).

Off-street stacking requirements for drive-through facilities:

Dead-end parking areas shall be avoided if possible. If dead-end parking is necessary, then it shall be designed such that it is no more than five (5) parking spaces deep unless adequate turnaround space is provided. A minimum five-foot (5') deep hammerhead backup space shall be provided at the end of any dead-end parking area.

All parking structures must conform to the construction and design standards of the zoning district in which they are located.

For multifamily uses (i.e., apartment complexes), all parking spaces shall be located behind the required front setback line on all street frontages.

Permeable paving is required for those parking spaces that exceed the number of parking spaces required for the use(s) on the property by more than twenty percent (20%). In lieu of permeable paving, additional parking lot landscaped areas can be provided, if such is approved on the site plan.

All developments shall provide pedestrian access by linking to any adjacent sidewalk(s), multi-use path(s) and public transportation stop(s). Pedestrian walkways shall be provided internal to the site that provide connections from public sidewalks and building entrances.

All retail and similar nonresidential structures shall provide and maintain off-street facilities for receiving and loading merchandise, supplies and materials within a building or on the lot or tract. All drives and approaches shall provide adequate space and clearances to allow for the maneuvering of trucks off-street. Each site shall provide a designated on-site maneuvering area for trucks. Such off-street loading space may be adjacent to (but not any portion of) a public alley or private service drive, or it may consist of a truck berth within the structure. The minimum dimensions of a “regular” loading space shall be ten feet by thirty feet (10' x 30'), and a “large” loading space shall be at least ten feet by sixty-five feet (10' x 65'). Loading spaces or berths shall be provided in accordance with the following schedule:

In all zoning districts, loading docks or service/delivery entrances shall not be constructed facing any public street (except for large industrial uses; see Subsection B.1 below), and shall not be visible from any public street. Such loading areas shall be screened from view of any public street by the building itself, or by a masonry screening wing wall at least twelve feet (12') in height with large evergreen trees and shrubs planted in front of it such that only limited portions of the wing wall will be visible when the trees and shrubs are mature. Such masonry wing wall shall match the exterior construction materials and colors of the main building, and shall be located no closer than one hundred feet (100') to any public street right-of-way line. (See Illustration 4.B of Appendix A.4 of this Ordinance for masonry wing wall location.)[2]

Loading docks for any establishment which customarily receives goods between the hours of 9:00 p.m. and 8:00 a.m. and is adjacent or close to a residential use or district shall be designed and constructed so as to enclose the loading operation on at least three sides in order to reduce the effects of the noise of the operation on adjacent residences. Other screening/buffering alternatives may be approved on the site plan provided that the City Council makes a finding that the alternative method of screening/buffering will be adequate to protect nearby residences.

Kindergartens, elementary schools, day schools, and similar child training and care establishments shall provide one (1) paved off-street pedestrian loading and unloading space for an automobile on a through, “circular” drive for each ten (10) students cared for (excluding child care in a residence). An additional lane shall also be required to allow pass-by or through traffic to move while automobiles waiting or parked to pick up children occupy loading/unloading areas.

For large shopping centers only, loading spaces that are adjacent and easily accessible to several buildings or uses, including buildings and uses on separate lots, shall be allowed to satisfy the loading requirements for the individual buildings or uses, provided that: 1) the number of spaces satisfies the requirements for the combined square footages for the buildings or uses in question, and 2) for loading spaces to be shared among separate lots, they must be in reasonably close proximity to all potential users and an agreement granting mutual use by the owners of each building shall be executed and provided to the City (for file).

In the approval of a site plan, design consideration shall be given to providing entrance/exit drives that extend into the site to provide adequate queuing of vehicles on the site.

In all districts (except single-family and duplex zoning districts), the site plan and paving plans shall provide for entrance/exit drive(s) appropriately designed and located to minimize traffic congestion or conflict within the site and with adjoining public streets. Based upon analysis by the City, if projected volumes of traffic entering or leaving a development are likely to interfere with the projected peak traffic flow volumes on adjoining streets, additional right-of-way and paving in the form of a deceleration lane, a turn lane, or other roadway improvements may be required of a developer in order to reduce such interference and to help ensure traffic safety and efficiency. The dedication of additional right-of-way or street paving may also be required, and shall be determined at the time of site plan and preliminary plat approval.

Vehicular access to nonresidential uses shall not be permitted from alleys serving residential areas, and shall not be configured as “head-in” parking spaces which are accessed directly from the street.

Parking space configuration, location, arrangement, size and circulation in all districts shall be constructed according to Illustration 2.A of Appendix A.4 of this Ordinance.[4]

Gated driveways and entryways shall be designed such that they comply with the design criteria in Illustration 6.A of Appendix A.4 of this Ordinance,[5] and with any other applicable design criteria within the City Code.

On roadways that are, or are planned to be, divided with a raised median, new driveway locations shall align with existing driveways or shall be offset at an adequate distance to allow for the design of median openings and left turn lanes, transition areas, etc.

On undivided roadways, new driveway locations shall, to the greatest extent possible, align with existing driveways to minimize offsets and potential traffic conflicts.

All driveways for nonresidential uses shall have a minimum twenty-five foot (25') “throat,” as measured from the curb return’s point of tangency along the inside edge of the driveway, to facilitate vehicles entering and exiting the property in a safe, perpendicular manner.

In all districts, unless otherwise provided within this Ordinance, there shall be provided at the time any building or structure is erected or expanded, or change of use or increase in occupancy load, off-street parking spaces in accordance with the parking requirements shown on the Use Charts in Section 37.2 of this Ordinance, except as modified in accordance with Section 38.7.G of this Ordinance.

“Floor Area” shall mean the gross floor area of the specific use.

“Seat” shall be interpreted as follows:

Where fractional spaces result, the parking spaces required shall be construed to be the next higher whole number.

The parking space requirements for a new or unlisted use not specifically mentioned herein shall be the same as required for a use of similar nature. If the proposed use is not similar to any of the uses listed herein, a determination shall be made by the Mayor, or his/her designee, in accordance with the requirements for the most closely related use specified in this Section. In the event the applicant disagrees with this determination, then he/she may submit a request for determination by the Planning and Zoning Commission and the City Council using the same process as provided in Section 37.1(D) for classifying new and unlisted uses.

Whenever a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. If a building or use that was in existence prior to the effective date of this Ordinance is enlarged by more than fifty percent (50%) in floor area, number of employees, number of dwelling units, seating capacity or otherwise, then said building or use shall be required to conform with the parking requirements herein for the entire building or use.

For buildings which have a combination of uses within the same structure or on the same premises (such as retail or office), the off-street parking requirement shall be calculated as the summation of the parking requirements for each use, and no parking space for one particular use shall be allowed to count toward the parking requirement for some other use on the premises except in the case of a shared parking arrangement (see Subsection G. below).

Shared parking is encouraged and may be allowed in the case of mixed uses (different buildings) under the [sic] in accordance with either of the following conditions:[6]

In the O, R, OT, C and LI districts only, and for nonresidential uses (e.g., school, church, day care facility, etc.) that are allowed in residential zoning districts, compact car and/or parallel parking spaces may be permitted when approved as part of a detailed site plan by the Planning and Zoning Commission and the City Council, providing at least one of the following conditions apply:

Where an increase in the number of spaces is required by a change or enlargement of an existing use, or where such spaces are provided collectively or used jointly by two (2) or more buildings or establishments, the required additional spaces may be located not to exceed two hundred (200) feet from any nonresidential building served.

In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, approval by the Planning and Zoning Commission and the City Council is required according to the following criteria:

Required off-street parking and loading spaces shall be used only for these respective purposes and shall not be used for refuse containers, cart corrals, recycling kiosks, signs or sign support structures, telecommunications towers or support structures, storage or permanent display of boats, trailers, campers, motor vehicles or other goods, materials, or products for sale/lease/rent.

Fire lanes shall be provided in all multifamily, single-family attached, manufactured (mobile) home, and nonresidential developments, as required by the adopted Fire Code of the City (also see the Subdivision Ordinance for certain fire lane regulations). Fire lanes shall be a minimum width of twenty-four feet (24') of paving, and shall have a minimum inside turning radius at curves of twenty feet (20'), or as required by the Fire Code and/or the Fire Chief of the City of Krum. The minimum overhead vertical clearance over fire lanes shall be fourteen feet (14') for a minimum linear distance of fifty feet (50') on each side (i.e., in front of and behind, as a fire apparatus would traverse underneath) of any overhead structure (e.g., canopy, roof overhang, vertical height control device, etc.).

For the purpose of these regulations, the term “special motor vehicles” is defined as including boats, boat trailers, travel trailers, pickup campers and coaches (designed to be mounted upon automotive vehicles), motorized dwellings (RVs), tent trailers and the like, as well as cases or boxes used for transporting such vehicles, whether occupied by such vehicles or not. No such vehicles shall be used for living, sleeping or housekeeping or similar purposes when parked or stored on a residential lot, or in any location not approved for such use, except as specified in this Ordinance.

No special motor vehicle, heavy load vehicle or recreational vehicle shall be left unattended or parked for more than twenty-four (24) hours within any parking lot, parking space(s), drive aisle, vacant or unused property, or pervious/unpaved surface area (except an appropriately zoned and approved/paved parking lot for such vehicles).

No required parking space, garage, carport, or other automobile storage space shall be used for the storage of any heavy load vehicle (see definitions for heavy load vehicle), special motor vehicle, RV, trailer, boat, wrecker, truck tractor rig or trailer, camper or camper shell, or other similar recreational, dwelling or business vehicle. No such vehicle shall be stored or parked for more than twenty-four (24) hours or on a regular, repetitive basis on any street, or within any front yard or street side yard, or upon any unpaved surface. If parked within an interior side yard, such vehicle shall be screened from view of the neighboring property and/or the adjacent street.

An established use lawfully existing as of the effective date of this Ordinance shall be exempt from bringing its pre-existing parking arrangement into compliance with this Ordinance, with respect to parking surface and number/configuration of parking and loading spaces and of fire lanes, until such time that any one of the following events occur:

In any of the above scenarios, it shall be the responsibility of the property owner to procure additional parking, at his/her own expense, in order to continue using the property as he/she desires.

Landscaping is accepted as adding value to property and is hereby declared to be in the interest of the general welfare of the City. The provision of landscaped areas serves the following purposes:

Landscaping is hereby required of new developments and certain types of redevelopments (as set forth in Section 2 [39.2] below), and minimum landscape requirements for different types of development are as set forth herein.

The standards and criteria contained within this Section are deemed to be minimum standards and shall apply to the following types of development:

The following types of development shall be exempt from the required new landscaping provisions of this Section (but other general provisions of this Section shall still apply, such as those for maintenance, visibility, etc.):

Any use requiring a Special Use Provision (SUP) or a Planned Development (PD) zoning designation must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district.

The provisions of this Section shall be administered and enforced by the Mayor or his/her designee. If at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be not in conformance with the standards and criteria of this Section, the Mayor, or his/her designee, shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant or agent shall have thirty (30) calendar days from date of said notice to establish/restore the landscaping, as required. If the landscaping is not established and/or restored within the allotted time, then such person shall be in violation of this Section resulting in possible revocation of any occupancy or use of the property, as well as other possible penalties for noncompliance.

In any case in which a Certificate of Occupancy is sought at a season of the year in which the Mayor, or his/her designee, determines that it would be impractical to plant trees, shrubs or ground cover, or to successfully establish turf areas, a temporary Certificate of Occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six (6) months (i.e., 180 calendar days) of the date of the issuance of the Certificate of Occupancy.

For applicable developments (see Subsection 39.2 above), no permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted along with the site plan and engineering/construction plans, and until the landscape plan is approved by the Mayor, or his/her designee. Prior to the issuance of a Certificate of Occupancy for any building or structure, all required screening and landscaping shall be in place in accordance with the approved landscape plan unless otherwise provided herein.

For applicable developments (see Section 39.2 above), and also for new residential developments that include perimeter landscaping/buffering and/or common landscaped amenity areas, a detailed landscape plan shall be submitted as part of the site plan submission (see Section 12). The landscape plan may be shown on the site plan (provided the site plan remains clear and legible) or may be drawn on a separate sheet. The Mayor, or his/her designee, shall review the landscape plan and shall approve same if the plan is in accordance with this Section, and with the stated purpose and intent of this Section. If the plan is not in conformance, it shall be disapproved.

Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer, etc.), and they shall be sealed by a licensed landscape architect, and shall contain the following minimum information:

The Mayor, or his/her designee, may approve an alternative landscape plan that modifies the minimum requirements of Subsections 39.7 and 39.8 if he/she finds that the alternative landscaping proposed meets all of the following criteria,:

Changes to the originally approved landscape layout will require submission and City review and approval of a revised landscape plan for the property. A revised landscape plan shall be prepared in the same manner, and showing the same information, as an original landscape plan (see Section 39.4). A properly submitted revised landscape plan shall be reviewed by the Mayor, or his/her designee, and if it is in conformance with this Section he/she shall approve it.

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants, but shall not comprise a significant portion of the total landscaped area. Any additional landscaped (i.e., pervious) areas that are in excess of the required landscaped area shall also be covered with living plant material, such as turf grass or other ground cover (i.e., shall be “greenscaped” rather than being covered with gravel or other unattractive surfacing).

Plant materials permitted under this Article shall conform to the standards of the Approved Plant List for the City of Krum (see Article VII) and the current edition of the “American Standard for Nursery Stock” (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

Large shade trees shall be a minimum of three inches (3") in caliper (measured six inches (6") above the ground) and ten feet (10') in height at time of planting. Small ornamental trees shall be a minimum of one and one-half inch (1.5") in caliper and seven feet (7') in height at time of planting.

Shrubs that are not of a “dwarf” variety shall be a minimum of two feet (2') in planted height at time of planting. Hedges or shrub massings, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will be six feet (6') high within three (3) years after time of planting (except for parking lot/headlight screens, which shall form a continuous, solid visual screen at least three feet high within two years after planting). Shrubs that are of a “dwarf” or “miniature” variety shall be a minimum of one foot (1') in planted height at time of planting unless that particular variety and size of shrub is typically less than one foot in planted height in this portion of north central Texas.

Vines that are not intended as ground covers shall be a minimum of two feet (2') in height (i.e., vine length) immediately after planting, and they may be used in conjunction with decorative fences, screens or walls to meet landscape screening requirements if such strategy is approved by the City on the site plan and landscape plan.

Proposed grass areas for new developments, and for the redevelopment of a property that is subject to this Section (see Section 39.2), shall be sodded, plugged, sprigged, hydro-mulched and/or seeded, except that solid sod Bermuda turf grass (or other good coverage evergreen ground cover, if approved on the landscape plan) shall be used in all street and alley rights-of-way (i.e., the “parkway” area between the property line and the street curb or alley paving, and including all street rights-of-way in front of a development site), in swales, earthen berms or other areas subject to erosion and for areas that will be subject to high foot traffic. The requirement to use solid sod shall be limited to those areas where the surface soil is disturbed during the development (or redevelopment) of the property, and shall not apply in the case of a single-family residence where the soil surface is not disturbed in the street right-of-way.

All turf and ground cover areas shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year of planting.

All required landscaped areas shall be equipped with, and 100% covered by, an automatic, underground irrigation system with freeze- and moisture-sensors to prevent watering at inappropriate times. If appropriate and attractive xeriscape planting techniques are utilized (these techniques are encouraged by the City, if designed and maintained appropriately), the requirement for an underground irrigation system may be waived, and an alternative irrigation system/device may be deemed acceptable, at the time of site plan and landscape plan approval.

Irrigation facilities within medians or adjacent to curbs shall be designed and installed with low gallonage and low angle nozzles in such a way as to avoid water overflow into the street. Freeze- and moisture-sensors will be placed in each controller to prevent irrigation systems from activating during freezing weather (creating unsafe spillage and ice on roads and/or sidewalks) and during other inappropriate times, such as rainy periods, when use of irrigation water is wasteful and not necessary.

No irrigation devices shall be visible from public streets or walkways (except for underground irrigation systems whose sprinkler heads are designed to “pop up” during use, and to lower back into the ground after they turn off). Underground systems which are designed to irrigate portions of public right-of-way and street parkways (such as between sidewalks and the street curb) shall be designed such that main irrigation water lines are at least three feet (3') away from the street curb (single sprinkler head serving lateral lines shall “T” out from the main line toward the street curb - this minimizes damage to the irrigation system if a vehicle jumps the curb into the parkway area).

All landscaping (including xeriscape landscaping) areas shall be protected by a 6" monolithic concrete curb (or by wheel stops or other appropriate landscaping device, if such is approved by the City on the landscape plan), and all landscaping areas shall be maintained in a healthy, living, growing and thriving condition. All landscaped and open space areas, including parking lots, shall be kept free of trash, litter and other similar debris.

Earthen berms shall have side slopes not to exceed 33.3 percent (3:1 slope; three feet of horizontal distance for each one foot of vertical height). All berms shall include necessary drainage provisions, including any necessary erosion prevention measures, as may be required by the City’s Engineer.

[Reserved]

All existing trees which are to be preserved shall be provided with undisturbed, permeable surface area under (and extending outward to) the existing dripline of the tree. All new trees shall be provided with permeable surface area under the dripline that is a minimum diameter of five feet (5') around the trunk of every tree. No paving or impervious surface material may be placed closer than five feet (5') from the trunk of any tree (unless otherwise approved by the City on the landscape plan, and provided that appropriate root barriers or other root containment techniques are used to prevent long-term damage to paving, particularly sidewalks, by root growth and spreading).

All trees shall be maintained by the property owner (or by the immediately adjacent property owner where trees are located within public right-of-way) such that they are “limbed up” to allow a clear height of at least seven feet (7') over all sidewalks and other pedestrian pathways, and a clear height of at least fourteen feet (14') over all streets, drive aisles and other vehicular traffic ways.

All trees and landscape materials that are planted as required in this Section (from the City’s Approved Plant List, Article VII) shall be installed by someone who is knowledgeable in the installation of landscaping materials, and shall be covered by a minimum two-year warranty against health problems, disease, pests, decline and loss due to death of the trees or landscape materials (except for seasonal plantings which require regular change-outs). The required two-year warranty shall not apply to the trees required on individual single-family lots. It is the property owner’s responsibility to ensure that all trees and landscape materials continue to be maintained in a healthy, living, growing and thriving condition. Property owners may be required to replace trees and landscape materials which are not healthy or which have died.

Only small ornamental trees, shrubs and ground covers (i.e., no large shade trees) shall be planted under existing or proposed overhead utility lines or within any water, sanitary sewer, storm drainage or utility easement (unless such placement is approved by the City’s Engineer, and by the City on the landscape plan).

Necessary driveways from public rights-of-way shall be allowed to traverse through all required landscaping, provided that such driveways are approved on the site plan (and by any other appropriate entity other than the City, such as TxDOT), and provided that such driveways are paved and installed in accordance with City (and other applicable entities’) regulations.

For all nonresidential and multifamily developments (including schools, churches, day care facilities, and other similar uses in a residential district, and also including manufactured home and single-family attached developments), at least twenty percent (20%) of the street yard shall be permanently landscaped area. The street yard shall be defined as the area between the building front and the front property line (which is not necessarily the front street right-of-way line if lots are platted between the building front and the street itself).

A minimum ten-foot (10') landscape buffer strip adjacent to the right-of-way of any TxDOT-maintained roadway and any major or minor thoroughfare shall be required. For street frontages along major or minor collectors, a minimum five-foot (5') landscape buffer shall be required.

A minimum three-foot (3') wide landscaped area shall be required around the front and any publicly visible side perimeter of the building(s)’s foundation, except where sidewalks enter and where loading docks, fire lanes or patios abut (i.e., patios attached to the main foundation) the building(s). The building foundation landscaping shall be comprised of and planted with trees, shrubs and ground cover materials (i.e., not just turf grass). The building foundation landscaping area on street side(s) of the building may be included in the required street yard landscape area percentage.

Landscaped islands within parking lots shall be pervious surface area and shall be at least fifty (50) square feet (or the equivalent of one parking space) in size, with no curbs or paving closer than five feet (5') to the trunk of any tree. Landscape islands having no trees shall be no less than five feet (5') wide. The portions of parking lots and truck maneuvering areas that are screened from public view, and that are located completely behind the main building, and that are farther that one hundred feet (100') from any public street right-of-way line, shall not be required to provide interior parking lot landscaping islands or trees as required in Subsections 7.D.1 and 7.D.2 below.

For single-family detached and two-family developments only, each residential lot shall be planted with at least one of the following combinations of trees (all required trees shall be from the Approved Plant List, Article VII):

Single-family attached (i.e., townhome) developments shall provide at least one (1) small ornamental tree in the front yard, and at least one (1) large shade tree (3" minimum caliper) in the back yard, of each townhome lot.

Trees, except very small ornamental trees, shall not be planted between the street curb and the sidewalk (due to maintenance issues) unless otherwise specifically approved as part of a Planned Development (PD).

Entryway landscaping into a residential subdivision shall be placed on private property (i.e., not within public right-of-way) and within an easement that is dedicated to an official homeowners’ association for long-term maintenance.

Trees provide a valuable amenity to a city’s urban environment. Protection and preservation of existing trees not only provides a community with an aesthetically pleasing atmosphere, but also contributes greatly to the area’s environmental concerns in terms of erosion control, energy conservation and protection of wildlife habitats. Tree preservation also sustains a city’s historical element, which further contributes to the community’s heritage and quality of life for its citizens well into the future. These rules and regulations, therefore, govern the protection of trees within the City of Krum, encouraging the preservation and protection of significant trees, while providing for replacement and replanting of trees that are necessarily removed during construction, development, or redevelopment.

In all zoning districts, the preservation and protection of trees shall be required, and clear-cutting of trees without prior City approval shall be prohibited. Removal of protected trees shall be prohibited except in accordance with the procedures outlined herein, and until such removal of trees is authorized by the City upon final plat approval, approval of engineering construction plans for the development, and issuance of a tree-removal/land clearing permit by the City.

Except as otherwise provided herein, no person, corporation, or governmental agency shall remove or damage, or cause the removal or damage, of any protected tree without first submitting the appropriate application to the City, and securing approval in accordance with the following procedures and criteria.

Rigid compliance with the City’s Zoning and other development regulations shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a triangular visibility area, as described below, shall be created. Landscaping and other structures (including walls, fences, signs, art objects, etc.) within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8'). Trees may be permitted in this area provided they are trimmed (i.e., “limbed-up”) in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas shall be defined as:

No signs, fences, walls, art objects or landscaping (except for required grass and low ground cover) shall be located closer than three feet (3') from the edge of any street pavement.

All unpaved street medians and parkways (areas along roads, within the right-of-way) shall be prepared with a minimum of four inches (4") of topsoil, and then solid-sodded (e.g. Bermuda grass in irrigated areas and low-maintenance buffalo grass in un-irrigated areas). The location of all trees within rights-of-way and on medians shall be coordinated with the City to avoid conflict with any utilities within the medians and traffic movement. These landscape areas shall be maintained by the developer or other entity (such as the owner of adjacent property, and properly formed homeowners’ or property owners’ association, etc.) until adequate coverage is attained at a maintenance level compatible with like areas in other parts of the City, unless other contractual arrangements are made between the developer (or other entity) and the City (the City will assume responsibility after two years - this allows the landscaping materials to go through two full cycles of establishment and seasonal change). Water stub-outs or curb stops will be placed at unpaved medians established by the City. Special features, such as signage and ornamental landscaping or objects for entrance features, shall be placed entirely upon private property and shall be maintained by the developer or other entity with a properly established maintenance easement. Landscape plans for any landscaping, beautification or tree planting in street medians and parkways shall be submitted to the City for approval prior to construction and planting. All water usage shall be metered to a private individual or maintenance entity that is approved by the City (such as a homeowners’ or property owners’ association). Within medians, no plantings or irrigation facilities shall be permitted within areas of less than five feet (5') in width. All such areas (i.e., portions of medians that are less than 5' wide) shall be covered with stamped concrete median pavers tinted to look like red brick, in accordance with City design standards and with prior City approval.

Any developer or other entity desiring to install or maintain landscaping materials, beautification elements, or irrigation facilities in any portion of a public street, median or other right-of-way shall submit to the City complete plans for any and all proposed improvements prior to constructing or installing any of these improvements in accordance with the City’s site plan and landscape plan review procedures. The plans shall include the following:

The City shall review and approve or deny the submitted plans (in accordance with the City’s normal site plan and landscape plan review procedures), and shall have the right to require revisions to the plans, as necessary, in order to ensure protection of public health, safety and welfare. Any installation of landscape or beautification materials or irrigation facilities shall be in full compliance with the plans and specifications as approved by the City.

The developer (or other entity) desiring to provide, install or maintain landscaping or irrigation facilities in a public street, median or right-of-way must first enter into and execute a “median and right-of-way landscaping and irrigation agreement” with the City of Krum, according to the rules and regulations as set forth herein (hereinafter called “agreement”). The Mayor, or his/her designee, is authorized to execute the agreement on behalf of the City. With the execution of this agreement, the developer (or other entity) shall provide a performance bond signed by the developer (or other entity) and a surety acceptable to the City, in the total amount of the estimated cost of the proposed improvements. The performance bond shall ensure that the work is performed by the developer (or other entity) in conformity with the covenants, conditions and agreements contained in the agreement.

In accordance with State law for public improvement projects, the Mayor, or his/her designee, may require the developer (or other entity) to also provide the City with a cash escrow to the City for ten percent (10%) of the total cost of the proposed improvements prior to approval of the plans. In order to defray future costs of replacement landscaping and irrigation that may be incurred by the City, the Mayor, or his/her designee, may also require such other terms and conditions in the agreement he/she deems are reasonably necessary to ensure the proper installation and long-term maintenance of all landscaping and irrigation facilities.

In areas that will be maintained by the City, all landscape and irrigation materials to be used by the developer (or other entity) shall be designed to conserve water and be of low maintenance. All landscape and irrigation improvements shall conform to the requirements of the City governing sight distance for traffic safety and other ordinances of the City of Krum.

All planting must be approved by the City of Krum. All plant types will be clearly shown on the landscape and irrigation plans that are submitted to the City for review and approval.

The developer (or other entity) shall furnish, or cause to be furnished at its sole expense, all labor, equipment, accessories, and services necessary to install all landscaping materials and irrigation facilities in accordance with the plans as approved by the City. All installation will be inspected by the City, and any incorrectly, inappropriately or unapproved installed elements shall be corrected or removed by the developer (or other entity) as directed by the City.

Irrigation equipment shall be installed in accordance with Subsection 39.6.H. of this Ordinance.

The developer (or other long-term maintenance entity such as a homeowners’ or property owners’ association), at its sole expense, shall furnish or cause to be furnished all labor, materials, equipment, accessories, and services necessary to maintain all plant materials when and as they become damaged or die.

In residential developments, the developer shall maintain all landscaping and irrigation materials and equipment until at least ninety percent (90%) of the lots have been sold and homes been constructed. If, after development, less than ninety percent (90%) of the lots in the residential subdivision have building permits issued for the construction and the certificates of occupancy (COs) have been received for homes thereon, then in such event, the developer’s maintenance responsibilities shall continue until such ninety percent (90%) issuance is realized. With approval by the City, the developer may then relinquish maintenance responsibility to a viable homeowners’ association that has been established and approved by the City.

In commercial developments, the developer, commercial property owners’ association, or abutting property owners shall permanently maintain all landscape and irrigation materials installed in public streets, medians or other right(s)-of-way (per agreement with the City).

When a homeowners’ association or commercial property owners’ association, or other entity, is created for the responsibility of maintaining any areas landscaped under the “median and right-of-way landscape and irrigation agreement,” association documents shall be submitted for review and approval by City staff and the City Council.

Upon installation, all landscape and irrigation materials within medians or right(s)-of-way shall become property of the City.

City shall periodically inspect the areas landscaped under the “median and right-of-way landscape and irrigation agreement,” to determine that such areas are being properly maintained by the developer, or other City-approved entity. If the City finds that the developer or other responsible entity is not properly maintaining such areas, the City shall notify the developer or other responsible entity in writing, specifying the deficiencies. If the developer or responsible entity does not remedy such deficiencies within fifteen (15) calendar days following receipt of such notice, the City shall have the option of performing the necessary maintenance work itself and bill the developer or other responsible entity for all costs for such maintenance.

Accessory dwelling units shall be allowed in certain residential zoning districts (see Use Charts, Section 37.2) as an incidental residential use of a building on the same lot as the main dwelling unit, provided they meet all of the following standards:

In the event that a multifamily district (including PDs) or any nonresidential district (including PDs) sides or backs upon any type of single-family residential district (including PDs and Manufactured Home district; except Agricultural), a solid brick/masonry screening wall of not less than eight feet (8') in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. Ornamental lighting and detailing (such as trimmings, copings, sculptural elements, etc.) that are placed on top of the masonry support columns may exceed the maximum eight-foot height limit by up to twelve inches (12") provided that they are integrated into (and complementary to) the design of the screening wall, and provided that light fixtures do not illuminate adjacent property or cause a nuisance to adjoining neighbors.

In nonresidential, multifamily and manufactured (mobile) home districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area (particularly if the residence has, or could have, a back yard fence that would be exposed to view from the street if the required screening wall were not extended out to the street right-of-way line). In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential, multifamily or manufactured (mobile) home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings (except for a manufactured home park). Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured (mobile) home development (see Section 43 for sight visibility requirements).

All fences and walls require permits.

See Section 43 for sight visibility requirements for fences and screening walls.

Open storage of materials, commodities or equipment (see Section 37.2, Use Charts, for zoning districts permitting outside storage) shall be screened with a minimum six-foot (6') fence or wall, and shall not be visible from the street or from adjacent property. (See definition of outside storage in Article VI.)

In districts permitting open storage, screening shall be required for those areas used for open storage. A six-foot (6') screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened, or around the immediate area to be used for open storage (whichever will provide effective screening from any public right-of-way or adjacent property), by one or a combination of the following methods:

Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multifamily and manufactured home uses shall be visually screened by a minimum six-foot (6') solid masonry wall on at least three sides. (See Illustration 4.A of Appendix A.4 of this Ordinance for refuse container enclosure diagrams.)[1] The fourth side, which is to be used for garbage pickup service, may provide an optional gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process, Section 12. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies, and shall not be located any closer to [than] one hundred feet (100') to any property zoned for single- or two-family use. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per Illustration 6.D of Appendix A.4 of this Ordinance.[2]

Plans and specifications for screening and/or fencing around ground-mounted utility structures (e.g., transformers, natural gas regulating stations, etc.) shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the Mayor, or his/her designee, for review and approval prior to construction of said screening/fencing.

Any fence or wall located to the rear of the minimum required front yard line shall not exceed eight feet (8') in height.

Except as provided by Subsection 41.3.B.1 below, no fence or wall shall be permitted within the required front yard of any single-family or duplex residential lot which is adjacent to a public street. No residential fence shall be closer than fifteen feet (15') to a public street except in cases where the side or rear building line of the yards on continuous corner lots adjoin, the fence may be constructed out to the property line of said side yard such that the street side yard may be included as part of the lot's back yard area.

[Reserved.]

All fences and walls require permits.

No barbed wire or electrical fencing shall be allowed except as used for farm or ranching purposes on undeveloped land over five (5) acres in size.

Gates designed for vehicular access shall be set back from the street or alley right-of-way line a minimum of twenty-five feet (25').

Fences around swimming pools shall comply with the Standard Swimming Pool Code and the City of Krum’s codes/ordinances pertaining to same.

See Section 43 for sight visibility requirements for fences and screening walls.

Special purpose fencing, such as fencing around tennis courts, which is a maximum height of twelve feet (12') is permitted.

The following structures are exempt from the masonry construction requirements outlined within this Section:

All setback measurements shall be made in accordance Illustration 1.E of Appendix A.4 of this Ordinance.[1]

Flag lots (i.e., lots with minimal, or panhandle-type, frontage) shall be prohibited. Through (i.e., double-frontage) lots (particularly within residential zoning districts) shall also be avoided wherever possible. (Also see Subdivision Ordinance for regulations pertaining to the configuration of lots.)

All setbacks established on a recorded plat shall be enforced, even if they are less than or they exceed the required setbacks in this Ordinance. Setbacks established on a recorded plat shall only be changed through replat proceedings (see Subdivision Ordinance).

On all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Where single-family and duplex lots have double frontage, extending from one street to another, or are on a corner (except where there is a separation, per Subsection 43.3.A), a required front yard shall be provided on both streets unless a side or rear yard building line has been established along one frontage on the plat, in which event only one required front yard need be observed. The side and/or rear yards in the case of single-family and duplex uses shall be identified and the front of the structure shall not face the side or rear yard. (See Illustration 1.F of Appendix A.4 of this Ordinance.)[2]

Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage. (See Illustration 1.F of Appendix A.4 of this Ordinance.)[3]

The front yard shall be measured from the property line to the front face of the building, to the nearest supporting member of a covered porch or terrace, or to any attached accessory building. Eaves and roof extensions or a porch without posts or columns may project into the required front yard for a distance not to exceed four feet (4'), and subsurface structures, platforms or slabs may not project into the front yard to a height greater than thirty inches (30") above the average grade of the yard. Open porches extending into the front yard shall not be enclosed. (See Illustration 1.E of Appendix A.4 of this Ordinance.)[4]

Minimum lot widths for lots with predominate frontage on the curved radius of a street (e.g., cul-de-sac or “eyebrow” portion of a street) shall be measured as the linear distance of the curved front building line, and shall be shown on the subdivision plat. Lot widths for all lots shall be as set forth in the respective zoning district for each lot.

Gasoline service station pump islands that parallel a public street may be located a minimum of eighteen feet (18') to the property line adjacent to a public street. For pump islands that are perpendicular or diagonal to a public street, the setback shall be thirty feet (30') in order to prevent vehicles stacking out into the street while waiting for a pump position. Pump islands may extend beyond the front building line as described above (provided that all other requirements of this Ordinance are met), but shall not be closer than fifteen feet (15') to any property line that is not adjacent to a public street. An unenclosed canopy for a gasoline service station pump island may extend beyond the front building line, but shall not be closer than ten feet (10') to any property line or street right-of-way line.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

If a street block face has existing buildings already constructed along it for fifty percent (50%) or more of its length, and if the front yard setback for these existing buildings is greater than the front yard required for that zoning district in this Ordinance, then the front yard setback of the existing buildings shall supersede the front yard required for that zoning district. New buildings shall conform with the already established front yard setback along the remainder of the block face unless a variance for a lesser front yard setback is applied for and granted by the Board of Adjustments in accordance with Section 9.6 of this Ordinance.

On a corner lot used for a single- or two-family dwelling, both street exposures shall be treated as front yards on all lots platted after the effective date of this Ordinance, except that where one street exposure is designated as a side yard for both adjacent lots or where the two lots are separated by an alley, street right-of-way, creek/floodplain area, or other similar phenomenon. In such case, a minimum side yard of fifteen feet (15') or more (as determined by the applicable zoning district standards) may be used. On lots which were official lots of record prior to the effective date of this Ordinance, the minimum side yard adjacent to a side street shall comply with the minimum required side yard for the respective district unless otherwise established on the filed plat (in which case replatting is necessary to change the setback lines, per the Subdivision Ordinance).

Every part of a required side and rear yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, and other architectural features not to exceed twelve inches (12") into the required side or rear yard, and roof eaves projecting not to exceed thirty-six inches (36") into the required side or rear yard. Air-conditioning compressors and similar equipment are permitted in the side or rear yard. Open porches and patios (on ground floor only) extending into a side or rear yard shall not be enclosed, but upper story balconies may not encroach into a side or rear yard setback. A canopy may project into a required side or rear yard provided that it is not enclosed, and provided that it is at least five feet (5') from the property line.

Where a future right-of-way line has been established for future widening or opening of a street or thoroughfare, upon which a lot abuts, then the front, side, or rear yard shall be measured from the future right-of-way line.

In districts where the height of buildings is restricted to two (2) or more stories, cooling towers may extend for an additional height not to exceed forty feet (40') above the average grade line of the building. Water stand pipes and tanks, cooling towers, church steeples, domes and spires, ornamental cupolas, City or School District buildings, and institutional buildings may be erected to exceed the height limit, as specified in the particular zoning district, provided that one (1) additional foot shall be added to the width and depth of front, side, and rear yards for each foot that such structures exceed the district height limit.

Definitions for telecommunications-related terms are located in Article VI of this Ordinance.

Visual clearance shall be provided in all zoning districts so that no fence, wall, architectural screen, earth mounding, landscaping or other feature obstructs the vision of a motor vehicle driver approaching any street, alley, or driveway intersection. Whenever an intersection of a street(s), alley, and/or driveway occurs, a triangular visibility area shall be created. Landscaping, fences, signs, walls, earthen berms and other features within the triangular visibility area shall be designed so as to provide unobstructed cross-visibility at a level between thirty inches (30") and eight feet (8') above the ground. The triangular areas are defined as follows:

Shrubs and plant materials that are typically less than thirty inches (30") in height at maturity may be located within sight visibility areas provided that they are kept maintained at a maximum height of thirty inches (30").

A limited number of single-trunked trees having a clear trunk (i.e., branching) height of at least eight feet (8') may be located within sight visibility areas provided that they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area defined above, and provided that they are spaced and positioned such that their trunks will not produce a visibility inhibiting, “picket-fence” effect when they attain mature size.

Nonresidential structures (e.g., churches, schools, day care centers, etc.) which are permitted in residential zoning districts (AG, SF-R, SF-E, SF-20, SF-10, SF-7.5, SF-6, SF-PH, 2F, SFA, MF-15 and MH) shall be designed and constructed such that they conform to the development standards set forth in the Retail (R) zoning district (i.e., with respect to maximum height, minimum lot size, minimum front/side/rear setbacks, screening, exterior building construction, etc.) unless otherwise stated in this Ordinance or in an ordinance establishing a PD.

The following corrections shall be made to the table of octave band-decibel limits above in determining compliance with the noise level standards:

Measurement of noise shall be made with a sound level meter on octave band analyzer meeting the standards prescribed by the American Standards Association.

The following uses and activities shall be exempt from the noise level regulations herein specified.

Of such opacity as to obscure an observer’s view to a degree equal to or greater than does smoke or contaminants in the standard prescribed by the ASTM except for when the presence of uncombined water is the only reason for failure to comply, or when such contaminants are emitted inside a building which prevents their escape into the atmosphere.

The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the operation’s site per any one hour.

Open storage and open processing operations, including on-site transportation movements which are the source of wind- or air-borne dust or other particulate matter; or which involves dust or other particulate air contaminants, generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage or sand blasting, shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four grains per 1000 cubic feet of air.

No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located.

The odor threshold as herein set forth shall be determined by observation by a person or persons. In any case, where uncertainty may arise or where the operator or owner of an odor-emitting use may disagree with the enforcing officer or where specific measurement of odor concentration is required, the method and procedures specified by the American Society for Testing Materials (ASTMD) shall be followed.

No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus, and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the Fire Chief of the City of Krum.

The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents, and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City of Krum Fire Code or are approved by the Fire Chief.

No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed 10 percent (10%) of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in “Threshold Limit Values Occupational Health Regulation No. 3,” a copy of which is hereby incorporated by reference.

No operation or use shall at any time create earth-borne vibrations which when measured at the bounding property line of the source operation exceed the limits of displacement set forth in the following table in the frequency ranges specified:

Reduce the problems created by improperly designed and installed outdoor lighting.

Eliminate problems of glare on operators of motor vehicles, pedestrians and land uses.

Minimize light trespass.

Reduce the energy and financial costs of outdoor lighting by establishing regulations, which limit the area that certain kinds of outdoor lighting fixtures can illuminate.

Preserve the night sky as a natural resource and thus people’s enjoyment of looking at the stars.

The following standards shall apply to all exterior lighting except public street lighting and other lighting that is specifically exempted by this ordinance.

Any temporary outdoor lighting that conforms to the requirements of this Ordinance shall be allowed. Nonconforming temporary outdoor lighting may be permitted by the City Council after considering:

The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the Building Inspections Department who shall prepare and forward a report to the City Council for their consideration.

A lighting plan shall be required anytime exterior lighting is proposed, or modified, that is associated with a use of greater intensity than a one (1) or two (2) family dwelling. The lighting plan shall be submitted to the Building Inspections Department. The submission shall contain but shall not necessarily be limited to the following:

A certified engineer, architect, landscape architect, or lighting engineer or designer shall prepare the plan. The plan shall also contain a certification by the property owner or agent and the preparer of the plan that the exterior lighting depicted on the plan complies with the requirement of this Ordinance after installation. Once the plan is approved by Building Inspections, the exterior lighting of the property shall conform to the approved plan.

“Cobra head” type lighting fixtures having dished or “drop” lenses or reflectors which house other than incandescent light sources.

Flickering or flashing lights.

The following are exempt from the standards contained in this Ordinance.

Exterior lighting luminaries in existence on the effective date of this Ordinance shall be exempt from these standards and shall be considered legally nonconforming. Such fixtures may be repaired, maintained and replaced. However, the nonconforming lighting luminaries shall be replaced to comply with this Ordinance when the property is redeveloped.

Exterior lighting luminaries existing on the effective date of this Ordinance which are located on private nonresidentially zoned property and are found to direct light or glare to protected residential properties may be declared a public nuisance if the level of illumination on protected residential property, which is caused by the luminaries, is greater than one-quarter (1/4) footcandle. Such fixtures shall be altered to reduce the level of illumination in the protected residential property to one-quarter (1/4) footcandle within two (2) months of receiving a written notice of the violation from the City. Two footcandles are allowed for ball diamonds.

The Building Official, or his/her designee, is hereby empowered and directed to administer and enforce the provisions of the Ordinance relating to outdoor light control.

Home occupations shall be permitted as accessory use in single- and two-family residential zoning districts (i.e., AG, SF-R, SF-E, SF-20, SF-10, SF-7.5, SF-6, SF-PH, 2F, SF-A and MH) provided that they comply with all restrictions herein;

The occupation shall produce no alteration or change in the character or exterior appearance of the principal building from that of a residential dwelling, and performance of the occupation activity shall not be visible from the street;

Such use shall be incidental and secondary to the use of the premises for residential purposes, and shall not utilize floor area exceeding twenty percent (20%) of the combined gross floor area of dwelling unit and any accessory building(s) that are used for the home occupation (in no case shall the combined floor area utilized for a home occupation exceed 500 square feet);

The occupation shall not employ more than one (1) person who is not a member of the household in which the home occupation occurs;

Not more than two (2) patron or business-related vehicles shall be present at one time, and the proprietor shall provide adequate off-street parking on the property where the use is located;

The operation of such an occupation shall be between the hours of 8:00 a.m. and 6:00 p.m. for outdoor activities, and between 7:00 a.m. and 10:00 p.m. for indoor activities;

One commercial vehicle, capacity of one ton or less (according to the manufacturer’s classification), may be used or parked (behind the front building line) on the property in connection with the home occupation, but said vehicle may not be parked in the street or within the front yard setback;

The occupation activity shall not increase vehicular traffic flow beyond what normally occurs within a residential district, and shall not require regular and frequent deliveries by large delivery trucks or vehicles with a rated capacity in excess of one and one-half tons, according to the manufacturer’s classification;

There shall be no outside storage, including trailers, or outside display related to the home occupation use;

No mechanical or electrical equipment shall be employed on the premises other than that which is customarily found in a home environment, and that which is customarily associated with a hobby or avocation which is conducted solely for pleasure and not for profit or financial gain;

The home occupation shall not generate noise, vibration, glare, fumes/odors, heat or electrical interference beyond what normally occurs within a residential district;

The occupation shall not require the use of chemicals on the property that are obnoxious or hazardous to the welfare of the neighborhood;

The home occupation shall not involve the use of advertising signs or window displays, or any other device that calls attention to the business use of the premises through audio and/or visual means;

The occupation shall not offer a ready inventory of any commodity for sale on the premises unless the commodity is made/assembled on-site (e.g., arts and crafts items, handmade clothing, etc.); and

The occupation shall not be harmful or detrimental to the health, welfare and safety of the neighborhood, nor shall it interfere with the comfortable enjoyment of life, property and recreation by residents of the area.

Office facility of an accountant, architect, landscape architect, attorney, engineer, consultant, insurance agent, realtor, broker, or similar profession;

Author, artist or sculptor;

Dressmaker, seamstress or tailor;

Music/dance teacher, or similar types of instruction, provided that instruction shall be limited to no more than one pupil at a time;

Individual tutoring and home schooling;

Millinery;

Office facility of a minister, rabbi, priest or other clergyman;

Home crafts, such as rug weaving, model making, etc.;

Office facility of a salesman, sales or manufacturer’s representative, etc., provided that no retail or wholesale transactions or provision of services are personally and physically made on the premises;

Repair shop for small electrical appliances, cameras, watches/clocks, and other small items, provided that the items can be carried by one person without using special equipment, and provided that the items are not equipped with an internal combustion engine;

Food preparation establishments such as cake making/decorating or catering, provided that there is no on-premises consumption by customers, and provided that all aspects of the business comply with all State and local health regulations;

Registered Community/Family Homes and Registered Child Care Homes (see definitions in Article VI), in compliance with applicable State laws, which are incorporated herein by reference, with no more than six (6) residents or children, respectively;

Swimming lessons and water safety instruction, provided that such instruction involves no more than six (6) pupils at any one time; and

Bed and Breakfast Facility (see definition in Article VI), provided that no more than five (5) guests are accommodated/served at a time.

Animal hospitals or clinics, commercial stables, or kennels;

Schooling or instruction, except swimming/water safety classes and home schooling, with more than one pupil at a time;

Restaurants or on-premises food or beverage (including Private Clubs) consumption of any kind, except for limited food/meal consumption associated with the operation of a licensed registered family home or a bed and breakfast facility;

Automobile, boat or trailer paint or repair shop; small engine or motorcycle repair shop; welding shop; large household appliance repair shop; or other similar type of business;

Office facility for a doctor, dentist, veterinarian or other medical-related profession;

On-premises retail or wholesale sales of any kind, except for items that are produced entirely on the premises in conformance with this Ordinance, and except for occasional garage sales;

Commercial clothing laundering or cleaning;

Mortuaries or funeral homes;

Trailer, vehicle, tool or equipment rentals;

Repair shops or services, except as specifically provided in Section 46.4 above;

Drapery or furniture upholstery shops;

Antique, gift or specialty shops;

Repair shops for any items having internal combustion engines; and

Any use that would be defined by the Building Code as an Assembly, Factory/Industrial, Hazardous, Institutional or Mercantile occupancy.

Any use that is not either expressly allowed nor expressly prohibited by Sections 46.4 and 46.5, respectively, is considered prohibited, unless and until such use is classified by amendment to this Ordinance by the Krum City Council, subsequent to an affirmative recommendation by the Planning and Zoning Commission.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that is not in full conformity with the provisions herein shall be deemed a legal nonconforming use, and is subject to the provisions of this Section, provided that the owner/proprietor of such home occupation register his/her business with the City within ninety (90) days of the effective date of this Ordinance, and provided that the home occupation use was not in violation of any other local, State or Federal law or regulation on that date. Proof of the existence of such home occupation use prior to the effective date of this Ordinance shall be required upon registration.

Any home occupation that was legally in existence as of the effective date of this Ordinance and that conforms with (i.e., is not in violation of) the provisions herein shall be hereby authorized to continue, provided that the home occupation use is registered with the City as described in Subsection 46.7.A above.

The following definitions shall be used in and applicable to this Section 47.4:

The City Council may from time to time designate certain areas as historic districts, and define, amend, or eliminate the boundaries of same. Such districts shall bear the work [word] “historic” in their zoning designation and property therein shall continue to bear its use designation as provided in the general zoning provisions of this Ordinance.

Before taking any such action, the Council shall submit the same to the City Planning and Zoning Commission for their recommendations and reports. The Planning and Zoning Commission shall give notices, conduct its hearing and make recommendations to the City Council in the same manner and according to the same procedures as specifically provided in the general zoning provisions of this Ordinance. In like manner, the City Council shall give notices, follow the publication procedure, hold hearings, and make its determination in the manner as provided in the general zoning provisions of this Ordinance. All procedures and provisions relative to zoning set forth in the general zoning provisions of this Ordinance not in conflict with the terms of this Section are hereby adopted and made a part hereof.

The City Council may from time to time designate certain places in the city as historic landmarks. Such places shall bear the word “historic” in their zoning designation and shall continue to bear their use designations as provided in the general zoning provisions of this Ordinance.

In designating historic landmarks, the City Planning and Zoning Commission and the Council shall follow the procedures set forth for creating historic districts.

Nothing contained in this Section or in the designation of property as being in a historic or historic landmark shall affect the present legal use of property. Use classifications as to all property which may be included in a historic district or historic landmark shall continue to be governed by the general zoning provisions of this Ordinance and the procedures therein established. In no case, however, shall any use be permitted which requires the demolition, razing, remodeling, or alteration of any buildings or structures in such a historic district or historic landmark so as to adversely affect the character of the district or historic landmark, except upon compliance with the terms of this Section. For purposes of clarity in the zoning designation of property, all zoning maps shall reflect property in historic districts or historic landmarks by the inclusion of the word “historic” as a prefix to its use designation as specified in accordance with the general zoning provisions of this Ordinance.

No provision herein shall be construed as prohibiting a property owner from continuing to use property for a nonconforming use.

The Commission shall meet at regular intervals with advance notice posted according to the Texas Open Meetings Law. Additionally, meetings may be called upon request of the Chairman, or upon written request of three (3) members, or upon notice from the City Secretary that a matter requires the consideration of the Commission. Upon the filing of an application for a building permit in a historic district, or historic landmark, the Commission shall hold a hearing within fourteen (14) calendar days after the date of filing of such application. The Commission shall take final action on the application within thirty (30) calendar days of the filing of said application. If action thereon is not taken within thirty (30) calendar days after the date of filing of such application, it shall be deemed to have been recommended for approval and a certificate showing the filing date and the failure to take action on the application within thirty (30) calendar days shall be issued by the Commission on demand. The applicant may withdraw the application before the thirty (30) day period expires and may resubmit it at a later time if additional time is required for the preparation of information or for research required by the Commission. A majority of the members shall constitute a quorum, and action taken at a meeting shall require the affirmative vote of a majority of the appointive members in attendance.

Upon receipt from the Mayor by the Commission of the application for a building permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building or buildings in this historic district or historic landmark, the Commission shall schedule a meeting to consider the recommendation which the Commission has received from the Mayor. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons therefor. The Commission may invite such other persons or groups as it desires to attend its meetings. The Commission may hold any additional meetings it considers necessary to carry out its responsibilities as enumerated in this Section.

The recommendation of the Commission shall be binding upon the Mayor, and upon receipt of the report of the Commission, the Mayor shall within ten (10) calendar days notify the applicant in writing of the approval, conditional approval, or disapproval of the application, and a copy shall be provided to the Commission.

An applicant for permit dissatisfied with the action of the Commission relating to issuance or denial of a permit for the construction, reconstruction, alteration, restoration, relocation, demolition, or razing of a building in the historic district shall have the right of appeal to the City Council within fifteen (15) calendar days after receipt of notification of such action. The applicant shall be advised by the City Secretary of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of the proposed construction, reconstruction, alteration, restoration, relocation, demolition, or razing of all or a part of any building within the historic district, the City Council shall consider the same factors as the Commission set forth in Subsection I of this Section and the report of the Commission and any other matters presented at the hearing on the appeal. If the City Council disapproves the application by a majority of the members voting, it shall direct the Mayor not to issue such permit. Such disapproval may indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.

Upon receipt of the written disapproval of the City Council, the Mayor shall so advise the applicant and the Commission.

In the case of an application’s disapproval by the City Council, the application shall not be resubmitted for consideration until one (1) year (i.e., 365 calendar days) has elapsed from the date of disapproval unless the indicated changes in the plans and specifications required to meet the conditions for protecting the district or landmark have been incorporated into the reapplication.

Upon passage of any historic district or historic landmark designation ordinance, the City Secretary shall send a notice of the fact of the designation to the owner or owners of affected property by mail.

It shall be unlawful to construct, reconstruct, structurally alter, remodel, renovate, relocate, restore, demolish, raze, or maintain any building, structure, accessory building, fence, or other appurtenance in a historic district or historic landmark in violation of the provisions of this Section; and proper City Officials, or their duly authorized representatives, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, reconstruction, structural alteration, remodeling, renovation, restoration, relocation, demolition, razing, or maintenance, to restrain, correct, or abate such violation, [or] to prevent any illegal act, conduct, business, or maintenance in and about such premises. Each day such violation continues shall constitute a separate offense.

Ordinary repair or maintenance which does not involve changes in architectural and historic value, style, or general design, color, or appearance is exempt from the provisions of this section.

The following definitions shall be used in and applicable to this Section 47.7:

The following events are not considered a special event and are, therefore, exempt from this article:

The provisions of this article are cumulative of all city ordinances. Tent permits, building permits, electrical permits, health permits for food service, alcoholic beverage licenses, and all other permits required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the special event must be applied for separately in accordance with the applicable ordinance or law unless such requirements are specifically addressed or waived by the appropriate administrative officials and documented in the issued special event permit.

If the Development Services Director denies the issuance of a permit or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, or by personal delivery, written notice of the denial or revocation and of the right to an appeal. The decision of the director shall be final unless the applicant or permit holder appeals the decision in writing to the Mayor within three (3) days. The Mayor or the Mayor’s designee shall render a decision on the appeal within one (1) day after the appeal. The decision of the Mayor or the Mayor’s designee shall be final.

A person commits an offense if a person:

Mobile Food units must comply with all provisions contained within the City's Code of Ordinances, Chapter 6 "Health and Sanitation," Article 6.02 "Food Establishments."

Where provisions in requirements identified above conflict with standards in this regulation, this regulation shall apply.

In addition to provisions found in the article 6.02, the following shall apply:

The purpose of this subsection is to direct the sales of head shop products to appropriate locations within the community and to protect the health, safety, and welfare of the public and vulnerable populations by limiting the exposure, convenience, and supply of potentially intoxicating substances determined to be detrimental to the City of Krum.

It shall be unlawful without an approved Specific Use Permit (SUP) for any person to purchase, barter, give, sell, offer for sale or display for sale any head shop product except outside of an approved head shop operation when said business activity, use, or activity qualifies as defined in this subsection.

The culpable mental state required by V.T.C.A., Penal Code Ch. 6.02, as amended, is specifically negated and dispensed with, and a violation is a strict liability offense.