Kermit City Zoning Code
Division 1
Generally
§ 9.03.001 Title.
This article and all subsequent amendments thereto shall be known, and may be cited and referred to as the “Zoning Code” of the City of Kermit.
(Ordinance 20-07, sec. 156.01.01, adopted 11/19/20)
§ 9.03.002 Authority.
This Zoning Code is adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including chapter 211 (Municipal Zoning Authority) of the Texas Local Government Code, as may be amended.
(Ordinance 20-07, sec. 156.01.02, adopted 11/19/20)
§ 9.03.003 Purpose.
(a)
Implementation of the comprehensive plan.
The zoning regulations and districts established in the Zoning Code have been made in accordance with the comprehensive plan for promoting the health, safety, and general welfare of the city. The zoning regulations and districts have been designed to achieve the following purposes:
(1)
Lessen congestion in the streets;
(2)
Secure safety from fire, panic, and other dangers;
(3)
Promote health and the general welfare;
(4)
Provide adequate light and air;
(5)
Prevent the overcrowding of land;
(6)
Avoid undue concentration of population; and
(7)
Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements.
(b)
Zoning Code considerations.
The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the districts, a district’s peculiar suitability for the particular uses specified, conserving the value of buildings, and encouraging the most appropriate use of land throughout the city consistent with the comprehensive plan.
(Ordinance 20-07, sec. 156.01.03, adopted 11/19/20)
§ 9.03.004 Applicability.
No land shall be used or developed except in accordance with this Zoning Code and the Kermit Code of Ordinances, where applicable. This Zoning Code shall also be in accordance with the following special situations:
(1)
Publicly owned property.
Those portions of this Zoning Code that govern the location of allowed and specific uses shall not apply to the governments of the United States of America or the State of Texas and their agencies and political subdivisions, and the city in the performance of their government functions. All other provisions of this Zoning Code apply.
(2)
Relationship to covenants, conditions, and restrictions; private agreements.
This Zoning Code is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, condition, restriction, or other private agreement or legal relationship; provided, however, that where the regulations of this Zoning Code are more restrictive or impose higher standards or requirements, then the regulations of this Zoning Code shall govern. The city will not search for private restrictions on property or interpret, apply, or enforce private restrictions unless it is a party to them.
(3)
Specific exceptions.
Specific exceptions to the requirements of this Zoning Code may be set out in individual portions throughout the code.
(4)
Prohibited uses.
No use of any building, structure, or land; no building or structure; and no lot of record, now or hereafter existing, shall be established, altered, moved, divided, or maintained after the effective date of this article except as authorized by the provisions of this Zoning Code.
(Ordinance 20-07, sec. 156.01.04, adopted 11/19/20)
§ 9.03.005 Interpretation of standards.
The provisions of this Zoning Code shall be held to be minimum requirements. Where this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law, or by other rules or regulations or ordinances, the provisions of this Zoning Code shall control. Where for specific land, the requirements of any other ordinances of the city are more stringent or restrictive than the requirements set forth in this article, nothing herein shall be construed to waive compliance with the provisions of such other ordinance.
(Ordinance 20-07, sec. 156.01.05, adopted 11/19/20)
§ 9.03.006 Conformance required.
Except as hereinafter specified, no building or structure shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building or land be used which does not comply with all of the district regulations established by this Zoning Code for the district in which the building or land is located.
(Ordinance 20-07, sec. 156.01.06, adopted 11/19/20)
§ 9.03.007 Relief from other provisions.
Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, conditional permit, variance, development permit, or other permit issued under any local, state, or federal ordinance or statute.
(Ordinance 20-07, sec. 156.01.07, adopted 11/19/20)
§ 9.03.008 Severability of provisions.
If any division, section, clause, or phrase of this Zoning Code is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Zoning Code.
(Ordinance 20-07, sec. 156.01.08, adopted 11/19/20)
§ 9.03.009 Publication.
This Zoning Code shall be posted in a publicly accessible digital format as well as published in book form and shall, together with the maps being a part hereof, be filed in city hall of the City of Kermit.
(Ordinance 20-07, sec. 156.01.09, adopted 11/19/20)
§ 9.03.010 Effective date.
The effective date is the adopted date or most recent amended date of this Zoning Code by the City of Kermit city council.
(Ordinance 20-07, sec. 156.01.10, adopted 11/19/20)