Kilgore City Zoning Code
ARTICLE I
INTRODUCTION
Sec. 1 Title.
This Appendix A Development Code shall be known and may be cited and referred to as the "Development Code for the City of Kilgore, Texas" to the same effect. It may be referred to as the "Kilgore Development Code," "Development Code," or the "Code."
(Ordinance 1914 adopted 5/27/2025)
Sec. 2 Purpose.
The intent of this Development Code is to promote health, safety, and the general welfare of the city. The regulations herein have been designed to reduce congestion in the streets; to secure safety from fire, crime and other dangers; to provide adequate light and air in communal spaces; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, for the character of the district, and its suitability for the particular uses; and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the city.
(Ordinance 1914 adopted 5/27/2025)
Sec. 3 Applicability.
(a)
This code applies to all lands and waters within the corporate limits of the City of Kilgore. Where specifically stated, provisions of this Development Code shall also apply to the City of Kilgore Extraterritorial Jurisdiction. All structures and land uses constructed or commenced and all enlargements of, additions to, changes in and relocations of existing structures and uses are subject to the requirements of this Code.
(b)
Nothing contained in this Development Code shall require any change in the plans, construction or designated use of a building under construction or for which a building permit has been issued at the time of the adoption of this Development Code.
(c)
No building erected or structurally altered after October 14, 2008, shall be used, occupied or changed in use until a certificate of occupancy is issued by the building inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of this Development Code.
(d)
Certificates of occupancy shall be applied for parallel with the application for a building permit and shall be issued after the erection or alteration of such building or land provided such construction has been made in complete conformity to this code.
(e)
No site shall be disturbed, no permit for excavation for any building, and no building permit shall be issued until a site plan and grading plan have been approved by the City Manager.
(f)
All applications for building permits for new construction shall be accompanied by two copies if an approved plat, drawn to scale, showing the dimensions of the lot to be built upon, the size of the building to be erected, the use of the property, and such other information as may be necessary to provide for the enforcement of this Development Code. A detailed record of building permit applications and plats shall be kept as a part of city records. No building permit for the construction of a building upon any tract or parcel within the city may be issued unless the parcel or tract is part of a plat of record, properly approved by the city, and filed in the Plat Records of Gregg or Rusk County, Texas.
(g)
Emergency powers.
The City Council may authorize deviations from any provision of the zoning ordinance during a local emergency caused by a disaster defined by the Federal Emergency Management Authority (FEMA). Such deviations shall be authorized by resolution of the City Council without a requirement for prior notice or public hearing.
(Ordinance 1914 adopted 5/27/2025)
Sec. 4 Interpretation and Conflict.
(a)
In interpreting and applying the provisions of this Development Code, they shall be held as the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare of the city. It is not intended by this Development Code to interfere with or repeal any easements, covenants or other agreements between parties or to revoke or repeal any other public law, ordinance, regulation, or permit; provided, however, that where this Development Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are required by agreements, then the provisions of this Development Code shall govern.
(Ordinance 1914 adopted 5/27/2025)
Sec. 5 Exhibits and Graphics.
(a)
Exhibits with graphics are provided as figures to illustrate the intent of the language included in the Development Code. When there is a discrepancy between the text and a figure, the text shall supersede.
(b)
In cases where the exhibit is a table, it shall be considered a requirement.
(Ordinance 1914 adopted 5/27/2025)
Sec. 6 Comprehensive Plan.
(a)
The city shall adopt a comprehensive plan to guide future development. The comprehensive plan may consist of a future land use plan, future thoroughfare plan, and other plans or policies that may be deemed advisable to assist in long range planning and development of the city. The comprehensive plan or individual elements of the comprehensive plan shall be updated or revised from time to time, as necessary.
(b)
The overall development regulations in this code shall be in conformance with the city's comprehensive plan and shall be updated or revised following any comprehensive plan revision and/or update. However, until such time that the development regulations are revised or updated, the text and map in this Development Code shall supersede the comprehensive plan update and revisions.
(Ordinance 1914 adopted 5/27/2025)
Sec. 7 Severability and Penalty.
(a)
That if any section, part, or provision of this Development Code is declared unconstitutional or invalid, in that event, it is expressly provided, and it is the intention of the city council in passing this Development Code that all other parts of this Development Code shall not be affected thereby and shall remain in full force and effect.
(b)
All ordinances or parts of ordinances in conflict with any provision of this Development Code are hereby repealed.
(c)
Any person or corporation who or which shall violate any of the provisions of this Development Code, or fail to comply with any of the requirements, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved pursuant to this Development Code, shall be guilty of a misdemeanor and shall be liable to a fine defined in the City of Kilgore Code Of Ordinances, Section 1.01.009, General penalty for violation of code; continuing violations. Each day such violation exists shall constitute a separate offense. The owner of any building or premises or part thereof where anything in violation of this Development Code shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as provided in this section.
(d)
The Development Code may be further enforced by civil injunction and other civil and criminal judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken. Any person who violates any term or provision of this article, with respect to land, property, building, or development within the city, may also be fined as well as charged all other penalties, civil and criminal as provided herein and by applicable law.
(e)
Upon the request of the City Council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this Development Code, or to obtain declaratory judgment, and to seek and recover court costs and attorneys' fees, and/or recover damages in an amount sufficient for the city to undertake any demolition, construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.
(Ordinance 1914 adopted 5/27/2025)
Sec. 8 Preservation of Rights.
By the adoption of this Development Code, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. The intent and declared purpose of this Development Code is that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the zoning ordinance was repealed and the present zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.
(Ordinance 1914 adopted 5/27/2025)
Sec. 9 Legal Basis.
The Kilgore Development Code is enacted pursuant to its Charter and the powers granted and limitations imposed by laws of the State of Texas, including the statutory authority granted in Chapter 211 and Chapter 212 of the Texas Local Government Code, and all other relevant laws of the State of Texas. Whenever any provision of the Development Code refers to or cites a section of the Texas Revised Statutes and that section is later amended or superseded, the development regulations shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Ordinance 1914 adopted 5/27/2025)
Sec. 10 Effective Date.
The fact that the present development regulations are inadequate to properly safeguard the general public welfare, health, peace and safety, creates urgency and an emergency, and requires that this Development Code become effective immediately upon its adoption.
(Ordinance 1914 adopted 5/27/2025)