Kilgore City Zoning Code

ARTICLE II

ZONING DISTRICTS

Sec. 1 Zoning Districts Established.

No land shall be used for, and no building shall be erected for or converted to any use other than that provided in the regulations presented for the district in which it is located, except as provided in this Code.

Abbreviation	District Name
AG	Agricultural District
RE	Residential Estate District
R-1	R-1 Single-Family Dwelling District
R-2	R-2 Single-Family Dwelling District
R-3	R-3 Single-Family Dwelling District
R-4	Mixed Residential District
MN	Mixed Neighborhood District
LC	Local Commercial District
CC	Commercial Corridor District
DNT	Downtown District
INT	Institutional District
LM	Light Manufacturing District
HM	Heavy Manufacturing District
PD	Planned Development District

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Zoning District Map.

The electronic version of the zoning district map shall be readopted as the official zoning district map of the city and filed in the office of the City Manager. The City Manager will cause the electronic version to be updated immediately following adopted changes by the City Council with the date that the electronic version was last updated. The electronic map may be periodically reproduced on paper, printed with the date of the reproduction. If any discrepancy exists between a reproduced (paper) version and the electronic map, the electronic version shall prevail.

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Interpretation of Zoning District Boundaries.

Where uncertainty exists with respect to the boundaries of the zoning districts, as shown on the map accompanying this Development Code, the following rules apply:

(a)

Where the districts designated on the zoning map are bounded approximately by road, street, or alley, the centerlines of the road, street, or alley shall be construed to be the boundary of the district.

(b)

Where the district boundaries follow a platted or unplatted property, the district boundaries shall be construed as be property lines. Where the districts designated on the map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts.

(c)

In case of a district boundary line dividing a platted or unplatted property into two (2) parts, the district boundary line shall be construed to be the property line nearest the less restricted district.

(d)

Whenever any street, alley or other public way is vacated by official action of the city council, the zoning district adjoining each side of such road, street, alley or public way shall be automatically extended to the center of such vacation and all areas included in the vacation shall then be subject to all regulations of the extended districts.

(e)

Where boundaries follow the shoreline of a stream, lake, or other body of water, they shall be construed to follow the centerline of streams, rivers, drainage ditches, or other bodies of water.

(f)

Where the application of these rules leaves a reasonable doubt as to the boundaries between districts, the City Council shall interpret the boundary location through the city's rezoning process described in this Development Code.

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Zoning of Annexed Land.

(a)

All territory annexed to the city after October 14, 2008 shall be temporarily classified as AG Agricultural District until permanently zoned by the City Council. After annexation of any of the territory to the city, the City Council shall, as soon as practical, give the newly annexed territory a permanent zoning designation by following the same procedure for the adoption of the original zoning regulations.

(b)

A zoning amendment can be reviewed concurrently along with annexation proceedings; however, the annexation approval must occur prior to approval of the amendment to the zoning and the zoning map.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Areas Not Included Within a Zoning District.

In every case where land has not been included within a district on the Zoning Map, the land is determined to be zoned as AG Agricultural District until a different zoning designation is approved by the City Council.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Unplatted Property.

(a)

The city shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.

(b)

The city shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the City Council.

(c)

If the city holds a hearing on a proposed annexation, it may, at its discretion, at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and act on the matter of permanent zoning and annexation at the same time.

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Residential District Regulations.

(a)

Agricultural District (AG).

(i)

Purpose:

The AG district is primarily intended to provide a location for land situated on the fringe of an urban area and used for agricultural purposes. The types and intensity of uses permitted in this district should encourage and protect agricultural uses.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	5 acres	1,500² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1DU/5 acre
Minimum Street Frontage	150 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		20 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

(b)

Residential estate (RE).

(i)

Purpose:

The RE district is primarily intended to accommodate development of detached, single-family housing on lots one acre or larger.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	1 acres	1,500²sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/1 acre
Minimum Street Frontage	150 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		20 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Residential Estate (RE)

(c)

R-1 Single-Family Dwelling (R-1).

(i)

Purpose:

The R-1 district is primarily intended to accommodate development of detached, single-family housing.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf	1,500² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/15,000 sq. ft.
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Suburban Residential (R-1)

(d)

R-2 Single-Family Dwelling (R-2).

(i)

Purpose:

The R-2 district is primarily intended to accommodate development of detached, single-family housing on medium sized lots.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	10,000 sf	1,350² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/10,000 sf
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		20 ft
Minimum Rear Yard Setback		15 ft
Minimum Side Yard Setback		8 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Suburban Residential (R-2)

(e)

R-3 Single-Family Dwelling (R-3).

(i)

Purpose:

The R-3 district is primarily intended to accommodate development of detached, single-family housing on small lots.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	5,000 sf	700² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/5,000 sf
Minimum Street Frontage	35 ft
Maximum Lot Coverage	60%
Maximum Height		2.5 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		0 ft
Minimum Side Corner Setback		5 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Urban Residential (R-3)

(f)

Mixed Residential (R-4).

(i)

Purpose:

The R-4 District allows a mix of single-family, townhome, duplex, triplex, quadplex, zero lot line, or multifamily dwellings. This district is intended to provide high-density, mixed residential neighborhoods along with customary accessory uses.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	None	700² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	None
Minimum Street Frontage	No minimum
Maximum Lot Coverage	None
Maximum Height		3 stories
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		None
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Urban Residential (R-4)

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Commercial and Mixed-Use District Regulations.

(a)

Mixed Neighborhood (MN).

(i)

Purpose:

The MN district is primarily intended to accommodate a variety of small retail, personal services, restaurants, offices, small-scale residential, and other compatible uses.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial Requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	6,000 sf	600 sf	Subject to Article II, Division 3, Section 4
Maximum Density	4 DU/6,000 sf
Minimum Street Frontage	50 ft
Maximum Lot Coverage	40%
Maximum Height		3 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Setback Adjacent to Residential		25 ft

Mixed Neighborhood (MN)

(b)

Local Commercial (LC).

(i)

Purpose:

The LC district is primarily intended to provide for a variety of low intensity retail and commercial uses, office uses, and higher density multifamily uses. In addition, this district can create areas to serve as transitional buffers between residential districts and commercial districts, however, the number and type of retail and commercial uses permitted is limited. The primary purpose of this district is to accommodate existing and new retail, commercial, office and institutional areas that serve local residents/employees rather than regional patrons.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts, Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	7,000 sf	None	Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	50 ft
Maximum Lot Coverage	60%
Maximum Height		3 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft¹ or 25 ft²
Minimum Side Yard Setback		5 ft¹ or 25 ft²
Minimum Side Corner Setback		10 ft

1.	Adjacent to non-residential use
2.	Adjacent to residential use

Local Commercial (LC)

(c)

Commercial Corridor (CC).

(i)

Purpose:

The CC district is primarily intended to allow a wide array of retail and service uses to a large trading area for persons residing in, around, and/or traveling through Kilgore. Such uses shall be located and designed in a manner that promotes aesthetics, the safe and efficient movement of traffic, and to not unduly burden the city's major commercial streets and arterial corridors. The CC district provides centers at or near interstate interchanges and the intersections of major thoroughfares where higher density development, redevelopment, and/or a broader spectrum of land uses are encouraged and is intended to maximize the economic development potential of these areas by providing areas primarily for more intensive commercial, office, and limited industrial purposes. High-density residential uses should be encouraged in this district where such development would complement and be harmonious with existing and potential development.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	14,000 sf	None	Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft¹ or 25 ft²
Minimum Side Yard Setback		5 ft¹ or 25 ft²
Minimum Side Corner Setback		10 ft

1.	Adjacent to non-residential use
2.	Adjacent to residential use

Commercial Corridor (CC)

(d)

Downtown (DNT).

(i)

Purpose:

The DNT district is intended as an urban mixed-use zone to accommodate a wide range of land uses that encourage civic and economic activity. This district is intended to encourage a relatively dense mix of residences and businesses that create a built environment which is both aesthetically pleasing and encourages walkability and public gatherings. The DNT district is further divided into two subareas:

(A)

Core Subdistrict (DNT - C).

The purpose of DNT-C subdistrict is to encourage a mix of uses appropriate for the heart of downtown within the main street boundary as designated on the zoning map.

(B)

Entertainment Subdistrict (DNT-E).

The purpose of DNT-E subdistrict is to encourage establishments providing entertainment (restaurants, nightclubs, retail stores, and theater etc.) within the main street boundary.

(ii)

Refer to Article II, Division 2, Section 5. Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial Requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	n/a		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	n/a
Maximum Lot Coverage	n/a
Maximum Height		n/a
Minimum Front Yard Setback		0 ft
Minimum Rear Yard Setback		0 ft
Minimum Side Yard Setback		0 ft
Minimum Side Corner Setback		0 ft

Downtown (DNT)

(e)

Institutional (INT).

(i)

Purpose:

The purpose of the INT district is to provide for the development and regulation of medical facilities such as hospitals, public buildings, educational facilities, and all related and accessory facilities including classrooms, offices, dormitories, and indoor and outdoor recreational facilities. This zoning district is also intended for larger commercial or office campuses that encompasses residential, commercial, and office uses interspersed with open spaces, parks, plazas, and gathering or event spaces.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	3 acres		Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	80 ft
Maximum Lot Coverage	80%
Maximum Height		None
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Industrial District Regulations.

(a)

Light Manufacturing (LM).

(i)

Purpose:

The LM district is primarily intended to provide for location and development of low impact industries and supporting commercial and public uses, which generate relatively low levels of noise, smoke, odor, dust, or intense light. These industrial and manufacturing uses may require good accessibility to air, rail, or street transportation routes.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial Requirements¹:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	80 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories²
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		25 ft
Minimum Side Yard Setback		25 ft
Minimum Side Corner Setback		25 ft

1.	Industrial Parks over five (5) acres in size are not required to meet these dimensional standards but are subject to the City of Kilgore's adopted Building Code.
2.	3 stories maximum when adjacent to residential use.

Light & Heavy Manufacturing (LM) (HM)

A Light and Heavy Manufacturing LM HM.tif

(b)

Heavy Manufacturing (HM).

(i)

Purpose:

The HM district is primarily intended to provide for location and development of heavy impact industries and supporting commercial and public uses, which may generate noise, odor, smoke, dust, or intense light. These industrial and manufacturing uses must provide access to air, rail, or street transportation routes. Provision may also be made for outdoor operations and storage.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	80 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories²
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		25 ft
Minimum Side Yard Setback		25 ft
Minimum Side Corner Setback		25 ft

1.	Industrial Parks over five (5) acres in size are not required to meet these dimensional standards but are subject to the City of Kilgore's adopted Building Code.
2.	3 stories maximum when adjacent to residential use.

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Planned Development (PD) District Regulations.

(a)

Purpose:

The PD district is primarily intended to provide for development of unique and innovative forms by utilizing the total space within a development by creating common open spaces, scenic and recreational areas, and other spaces, which will compensate for higher density development. The development parameters are submitted by the developer and subject to approval by the Planning and Zoning Board and City Council. The development parameters must be submitted in the form of a site plan or a written narrative containing sufficient detail for evaluation by the Planning and Zoning Board and City Council. The Planned Development district shall be an independent zoning district and not in conjunction with any other zoning category.

(b)

Refer to the PD Ordinance as adopted by the City Council for Allowed Uses, Accessory Uses, Parking and Loading, Landscaping and Green Space, Screening, Signs, and Site Design Regulations.

(c)

Spatial requirements:

To be submitted by the applicant and approved by Planning and Zoning Board and City Council.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Allowed Uses by Districts.

(a)

How to read Allowed Use Table 5.1:

(i)

P - in the table indicates uses allowed by right in that zoning district.

(ii)

S - in the table indicates that the use is permitted in that zoning district but requires a Specific Use Permit.

(iii)

A - in the table indicates that the use is permitted in that zoning district but as an accessory use only.

(iv)

* - next to a use in the Use Type column means that the use has additional requirements that can be found in Article II, Division 4, Supplementary Use Regulations.

(v)

The following numbers in superscript next to P, S, or A in the table indicate the following additional restrictions in that specific zoning district only:

Street-level use must be retail, restaurant, or entertainment.

Must meet the design requirements of the Downtown Core (DNT-C)

Restricted hours (must stay open till 10:00 p.m. Thursday through Saturday)

Second story or back of unit use.

Must have some element of customer space.

Must have some element of night life.

Will be restricted on size due to limited space.

In-home, maximum 6 clients.

In-home, maximum 1 chair.

For example: "S⁹" for the use "Personal services (in home)" in all residential districts means this use is allowed by Specific Use Permit and allows maximum 1 chair (1 client at a time).

(vi)

Any use not authorized in the Allowed Use Table 5.1 is prohibited.

(b)

Allowed Use Table 5.1:

Use Type	Residential Districts						Non-Residential Districts
	AG - Agricultural	RE - Residential Estate	R-1 - Neighborhood Residential	R-2 - Suburban Residential	R-3 - Urban Residential	R-4 - Mixed Residential	MN - Mixed Neighborhood	LC - Local Commercial	CC - Commercial Corridor	DNTC - Downtown Core	DNTE - Downtown Entertainment	LM - Light Manufacturing	HM - Heavy Manufacturing	INT - Institutional	Reserved
AGRICULTURAL USES
Cattle Pens	P											P	P
Dairy farms	P
Farm/Crop Production	P
Feed Lot	P											P	P
Fishing Pond	P											P	P
Grain Storage Elevator	P											P	P
Greenhouse and Nursery, Commercial	P								S	S		P	P
Livestock	P
Livestock Auction	P											P	P
Orchard	P											P	P
Stables	P
Tree Farm	P											P	P
RESIDENTIAL USES
Dwelling
Accessory Dwelling Unit	A	A	A	A	A	A
Manufactured Home*	S	S	S	S	S	S
Manufactured Home Park*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Multifamily Dwelling						P			P	P	P¹
Single-Family Residence, Attached					P	P			P	P	P¹
Single-Family Residence, Detached	P	P	P	P	P	P
Two-Family Residence (Duplex)					P	P			P	P
Group Living*
Assisted Living/Retirement Center						P			P
Boarding/Rooming House*						S
College Dormitory (Off Campus)						P			P	P	P¹
Crisis Center (6 or fewer)	S	S	S	S	S	S			S
Halfway House						S	S		S
Nursing Home/Rehabilitation		S				P	P	P	P					P
Rescue Mission/Home						P	S	S	S	S
Misc.
Home Occupation*	A	A	A	A	A	A
Short-Term Rental	S	S				S	P	P		P	P
COMMERCIAL USES
Automobile/Vehicle Sales and Services*
Automobile Parking Lot/Garage (Commercial)							P	P	P	P	P⁴	P	P	P
Automobile rental								P	P			P	P
Automobile title loans												P	P
Vehicle repair (minor), service, cleaning, & fuel								P	P			P	P
Vehicle repair (major), painting									P			P	P
Vehicle & vehicle parts sales & installation									P			P	P
Vehicle towing service									P			P	P
Animal Services*
Animal clinic/hospital (no outdoor pens)							P	P	P	P		P	P	P
Animal clinic/hospital (outdoor pens)								P	P			P	P
Animal/Pet Grooming (No Overnight)							P	P	P	P		P	P
Animal shelter or rescue									P			P	P
Pet Shop (no outdoor pens)							P	P	P	P		P	P
Pet Shop (outdoor Pens)									P			P	P
Banks & Financial Services
Banks & Financial Services
Bail Bonds								P	P			P	P
Banks and financial institutions								P	P	P		P	P	P
Bank teller, automatic, 24-hours							P	P	P	P		P	P	P
Eating & Drinking Establishments
Cafe/Coffee Shop/Delicatessen/Donuts/Ice Cream							P	P	P	P	P³	P	P	P
Restaurant (drive thru)								S	S			S		S
Restaurant (full service/sit down)							S	P	P	P	P³	P	P	P
Funeral and Internment Service*
Cemetery, Mausoleum	(Per State Law: No new cemeteries allowed within the city limits. Only existing cemeteries may be expanded.)
Columbarium	S						S	S	S	S		S	S	S
Monument Sales Lot									P			P	P
Mortuary/Funeral Home/Crematory								P	P	P		P	P
Heavy Equipment/Vehicle Sales/Rental*
Boat sales									P			P	P
Heavy Equipment/Machinery Rental Yard									P			P	P
Heavy Machinery Dealership (Sales & Service)									P			P	P
Manufactured Housing Sales Lot									P			P	P
RV Dealership									P			P	P
Truckstop (Fuel, Service)									P			P	P
Truck/Heavy Equipment Rental Facility									P			P	P
Lodging
Bed & Breakfast	S	S	S	S	S	S	P	P	P	P	P⁶			P
Hotel/Motel/Resort								P	P	P				P
Hotel, extended stay									P	P		P	P
Medical
Clinic							P	P	P					P
Hospital								S	P			S	S	P
Massage Therapist							P	P	P	P	P⁴	P	P	P
Medical laboratory							P	P	P	P	P⁴	P	P	P
Medical office							P	P	P	P	P⁴	P	P	P
Pharmacy							P	P	P	P	P⁴	P	P	P
Office
Office (up to 3,000 sf)							P	P	P	P	P⁴	P	P	P
Office (above 3,000 sf)												P	P	P
Office Park							P	P	P	P	P⁴	P	P	P
Research and developmental laboratories								P	P	P	P⁴	P	P	P
Recreation & Entertainment Indoor
Amusement Center, commercial									P	P	P	P	P
Archery Range (indoor)									P		P		P
Bingo Parlor									P	P	P		P
Bowling Alley									P	P	P	P	P	P
Club/Social Organization	S	S	S	S	S	S	P	P	P	P	P³	P	P	P
Concert Facility								P	P	P	P³	P	P	P
Country Club	S	S	S	S	S	S	P	P	P	P	P³			P
Dance Hall, Nightclub, Disco								P	P	P	P³		P	P
Firearms Range (indoor)									P			P	P
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority						P			P	P	P¹
Pool Hall, Game Room								P	P	P	P	P	P	P
Private Club							P	P	P	P	P³		P	P
Recreation Center, commercial (indoor)								P	P	P	P	P	P	P
Recreational Club. private							P	P	P	P	P	P	P	P
Recreational establishment (indoor, up to 20,000 sf)								P	P	P	P³	P	P	P
Recreational establishment (indoor, over 20,000 sf)									S			P		S
Skating Rink (indoor)								P	P	P	P	P	P	P
Theater, Playhouse								P	P	P	P³		P	P
Theater - Cinema								P	P	P	P³		P	P
Recreation & Entertainment Outdoor
Amphitheater								P	P	P	P³		P	P
Amusement Park, commercial									P	P	P	P	P
Archery Range (outdoor)									S			S	S
Campground	S
Circus/Carnivals									S
Day Camp	P								P
Firearms Range (outdoor)									S			S	S
Fish Pond, commercial									P			P	P
Go-Cart Track									S	S	S	P	P
Golf Course, Miniature Golf, and Driving Range									S	S	S	P	P
Marina/Boat Dock									S	S	S	P	P
Racetrack (Horse/Dog)	S												S
Racetrack (Motorized)													S
Recreation Center, commercial (outdoor)									P	P	P	P	P
Recreational establishment (outdoor, no engine or firearm noise emission)									S	S	S	P	P
Recreational establishment (outdoor, with engine or firearm noise emission)									S			S	S
Recreational Field	S						S	P	P	P			P	S
Recreational Vehicle Park	S	S
Riding Stable/Club									S	S	S	P	P
Rodeo Grounds	S												S
Skating Rink (outdoor)									P	P	P	P	P
Skeet Trap Range									S			S	S
Theater, Drive-in	S								P	P	P⁷		P
RETAIL SALES & SERVICE
Building/landscape material sales (no outdoor storage)								P	P	P		P	P
Building/Landscape material sales (with outdoor storage & sales)*									S			P	P
Catering Service							P	P	P	P	P⁵	P	P	P
Cleaning/Laundry (on-site)									P			P	P
Cleaning/Laundry (pick-up/drop-off only)								P	P	P	P⁴	P	P	P
Cleaning/Laundry (self service)								P	P	P	P⁴	P	P	P
Convenience retail (up to 2,000 sf)							P	P	P	P	P	P	P	P
E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop									S			S
General retail (indoor, up to 2,000 sf)							P	P	P	P	P³	P	P	P
General retail (indoor, up to 20,000 sf)								P	P	P	P	P	P
General retail (indoor, over 20,000 sf)									P	P	P	P	P
Head Shop									P
Hookah Lounge									P	P
Outdoor display*								P	P	P	P	P	P
Personal lessons & instructions (in-home)	P	P	P	P	P	P
Personal services (in-home)	S⁹	S⁹	S⁹	S⁹	S⁹	S⁹
Personal services establishment (up to 2,000 sf)							P	P	P	P	P⁴	P	P	P
Personal services establishment (over 2,000 sf)								P	P	P	P⁴	P	P
Tobacco Bar									S			S
Tattoos/Piercings									P				P
Sexually Oriented Business	(See Article II, Division 4, Section 2, Adult Businesses)
INSTITUTIONAL, PUBLIC & CIVIC USES
Public/Civic
Amphitheater							P	P	P	P				P
Animal Park	P							S	S	S
Business, Professional School								P	P	P	P⁴	P	P	P
Church/rectory, Temple, Synagogue, Mosque, or Other Place of Worship*	P	P	P	P	P	P	P	P		P		P	P	P
College, University, Trade, or Private Boarding School								P	P	P	P²			P
Community Center (public or private)		S	S	S	S	S
Cultural Facilities & Libraries	S	S	S	S	S	P	P	P	P	P	P	P	P	P
Day Care Center (Child/Adult)*	S⁸	S⁸	S⁸	S⁸	S⁸	P	P	P	P	P				P
Park, Playground, Open Space	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Post Office	P	P	P	P	P	P	P	P	P	P		P	P	P
Public Safety (Police/Fire)	P	P	P	P	P	P	P	P	P	P		P	P	P
School, Public (Preschool, Kindergarten, Elementary, Junior High, High School)	P	P	P	P	P	P	P	P	P	P		P	P	P
School student/activity center/field (public)	P	P	P	P	P	P	P	P	P	P		P	P	P
Utilities (major)*	P	S	S	S	S	S	S	S	S	S		P	P	S
Utilities (minor)*	P	P	P	P	P	P	P	P	P	P		P	P	P
Zoo	S							S	S	S
INDUSTRIAL USES
Industrial Service, Manufacturing & Production
Manufacturing Plant (acid, chemicals, allied products, fertilizer, metal foundry, vulcanizing)													P
Manufacturing Plant (vehicles, electronics, fabricated metal, furniture, home appliances, commercial equipment, wood products)												P	P
Food Manufacturing/Processing Plant												P	P
Grain/Feed Processing Plant													P
Laboratory Mfg.												P	P
Lithographic Shop/Commercial Printer								P	P			P	P
Meat/Fish Packing Plant													P
Milk Distribution Station									P			P	P
Newspaper Printing Plant								P	P			P	P
Poultry Processing Plant													P
Printing/Publishing Plant									P			P	P
Pulp-Paper Mill													P
Sheetmetal Fabrication Shop												P	P
Sign Contractor's Shop/Yard												P	P
Textile Mill													P	P
Mining*
Oil & Gas Exploration (Drilling Activity)	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Oil & Gas Exploration (Producing Well)	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Oil & Gas Field Equipment Sales/Rental									P			P	P
Oil & Gas Treatment/Processing Plant													P
Petroleum Refinery													P
Petroleum Tank Farm													P
Sand, Gravel, Stone, Earth, Mineral Extraction												P	P
Sand, Gravel, Stone, Earth, Mineral Sales												P	P
Warehouse & Wholesaling
Fire Works Manufacturing, Warehousing, or Distribution													P
Frozen Food Locker Plant									P			P	P
Hauling & Storage Facility									P			P	P
Self-Service Storage Facility									P			P	P
Warehouse & Distribution Center)									P			P	P
Waste & Disposal
Building Materials Salvage Yard												P	P
Industrial Recycling Plant												P	P
Junk/Salvage Yard													P
Recycling Center/Collection (Cans, Glass, Paper)								P	P			P	P
Recycling Center (Hazardous Material)													P
Sanitary Landfill													P
Telecommunication Facilities*
Telecommunications/broadcasting towers/buildings							S	S	S	S	S	S	S
Transportation
Motor Freight Terminal												P	P
Railroad Depot												P	P
Railroad Freight Terminal												P	P

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Purpose.

This division outlines requirements that are applicable for situations that may occur in any location in the City of Kilgore, regardless of the zoning district designation.

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 General Zoning Compliance.

The regulations established by this ordinance for each zoning district shall be minimum regulations and shall apply uniformly to each class and kind of structure or land, and in accordance with the following:

(a)

Conformity.

No building, structure or land shall be used or occupied, and no building or addition to a building shall be erected, reconstructed, enlarged, or structurally altered except in conformity with all of the regulations of this Development Code specified for the zoning district in which it is located.

(b)

Setbacks.

Building setbacks shall be no less than the requirements of this Development Code, and they shall not be further reduced in size without a variance from the Board of Adjustments, except that up to 25 percent reduction in setbacks can be approved administratively by the City Manager.

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Principal Use and Dwellings.

(a)

Principal buildings.

No more than one principal building shall be placed on a parcel except, on single-family residential lots one acre or more in size, each building site shall be allowed up to two principal buildings(residences).

(b)

Principal use collectively.

A parcel shall not be devoted to more than one principal use, except for single-family residential and mixed uses where permitted, or groups of retails, industrial, or agricultural buildings which are determined by the City Manager to be a principal use collectively, based on the following considerations:

(i)

Individual buildings share common parking areas.

(ii)

Access to the buildings/uses is provided via shared access drives or streets.

(iii)

Buildings are under one single ownership.

(iv)

Individual activities support one another (such as auto dealership/vehicle repair or a convenience store/restaurant/gas station), unless it is a mixed commercial and residential use allowed by the Development Code.

(v)

The buildings are architecturally consistent and compatible.

(c)

Dwellings.

(i)

Up to two single-family dwellings and an accessory structure may be erected on any lot of record which is zoned as an AG, RE, R-1, R-2, R-3, R-4, MN, PD, or DNT District and is one acre or more in size.

(ii)

Attached and detached accessory dwellings may be permitted as identified per Article II, Zoning Districts, Division 3, General provisions for all Districts, Section 4, Accessory Use and Dwellings.

(iii)

No dwelling shall be converted to create additional units unless located in a district which allows multiple units and unless the structure complies with all requirements for new structures in such district.

(iv)

Multiple single-family dwellings on one lot shall be treated as condo units or multifamily units for the purposes of addressing, water and sewer hookups, and driveways from the public right-of-way.

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Accessory Use and Dwellings.

(a)

A parcel may have multiple accessory uses provided the total area of all accessory uses meet the requirements of the zoning district in which the uses are located.

(b)

A parcel may only have one accessory dwelling unit, regardless of the number of principal use/dwelling unit structures located on the parcel.

(c)

Accessory use of land shall not exceed 33 percent of the total land area of the lot, property, or tract and accessory structures (combined) shall not exceed 33 percent of the size of the principal buildings/structures on a lot.

(d)

Accessory use or dwelling units are prohibited from being located in the front yards and are subject to the spatial requirements for accessory buildings for the applicable zoning district, except farm (produce) stands may be placed within the front yard and within the front setback, subject to any other applicable requirements within that District.

(e)

Accessory Dwelling Unit (ADU) Eligibility and Design Standards:

(i)

A half-acre minimum lot size is required for an ADU.

(ii)

An ADU may be attached or detached from the primary structure.

(iii)

An attached ADU must have a separate independent entrance from the primary structure.

(iv)

If the ADU is detached, it must be located behind the front build line of the existing structure and follow the setbacks of an accessory structure.

(v)

One additional parking space is required per bedroom in addition to the required spots for the primary dwelling. Additional parking must be accessible without interfering with the primary structure's required parking.

(vi)

An ADU shall be a minimum of 400 square feet and no larger than 50 percent of the size of the primary structure with a maximum 1,200 square feet living area.

(vii)

An ADU must have a restroom inside the structure and either a kitchen or kitchenette.

(viii)

If water and sewer connections are tied to the primary structure, the utility account will be charged an additional base fee similar to multifamily developments.

(ix)

Separate water and sewer services are permitted.

(x)

Storage buildings and Manufactured Homes are prohibited from being an ADU.

(f)

Accessory structures shall be incidental to the principal use and be located on the same lot.

(g)

Attached accessory structures are subject to the spatial requirements of the principal buildings for the applicable zoning district.

(h)

Cargo/shipping containers, rail cars, manufactured or mobile homes, and tiny houses are prohibited to be used as accessory structures.

(i)

All attached and detached accessory buildings and additions shall be compatible and similar to the principal building in terms of architectural style/design, and/or building materials.

(j)

Barns and agricultural structures are regulated as accessory structures but are not subject to square footage restrictions in the AG Agricultural District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Manufactured and/or Mobile Homes.

(a)

Location.

No person shall park, store, or use a manufactured or mobile home on any lot other than as permitted through Article II, Division 1, and 2, or in a licensed manufactured or mobile home park or subdivision per requirements described in Article II, Division 4, Section 15. Manufactured Home and/or Mobile Home Park/Community or a specific use permit having been granted within the corporate city limits of the City of Kilgore, except that a manufactured or mobile home:

(i)

May be parked or stored as a part of a commercial business that has a permit for the sale or manufacturing of manufactured or mobile homes.

(ii)

May be used as a temporary office or shelter incidental to construction or development of the premises on which the mobile home is located, only during the time construction on [or] development is actively underway.

(iii)

May be permitted by the Planning and Zoning Board and the City Council after a public hearing, with a temporary permit for one mobile home in the I (Industrial) district for security reasons, provided that there is minimum extra lot area of 3,000 square feet for the mobile home. Such temporary permits shall have a time limit placed upon them.

(iv)

May be permitted as a part of FEMA disaster recovery effort for a period of 12 months, which may be extended by the Planning and Zoning Board and the City Council after a public hearing.

(b)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	4,000 sf² or 3 acres³	1,000 sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/4,000 sf² or 10 DU/acre³
Minimum Street Frontage	40 ft
Maximum Lot Coverage	50%
Maximum Height		20 ft
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Individual mobile home
3.	Multi-unit manufactured home development

(c)

Mobile homes.

(i)

Movement and occupancy.

It shall be unlawful for any person to locate or occupy a mobile home within the city unless such mobile home was legally permitted at that location for use or occupancy as a residential dwelling prior to the adoption of this ordinance. In the absence of water connection records, it shall be the responsibility of the owner of the mobile home to establish proof of the date that the mobile home was legally permitted and obtain a Certificate of Nonconformity per Article II, Division 3, Section 17 of this Development Code.

(ii)

Replacement.

A previously existing mobile home which is removed from the city may be replaced with a HUD-code Manufactured Home, subject to the requirements of the Kilgore Development Code and any other city ordinances regarding a Manufactured Home. A Manufactured Home that has replaced a Mobile Home may not be replaced.

(iii)

Rules for replacement and maintenance of existing non-conforming mobile homes and manufactured homes.

(A)

Entrances.

All entrances to a Mobile and/or Manufactured Home shall be provided with permanent steps of precast concrete, cemented bricks or treated lumber. The entrance to an attached deck or similar extension shall be considered as an entrance. Any covered areas will be considered as part of the main structure for setback requirements.

(B)

Permanent foundation requirements.

(1)

Permanent foundations must comply with the most current adopted code of the city and must be installed per manufacturer specifications.

(2)

Underpinned/skirting must be:

Completely around the structure from the base of the Manufactured Home to the ground level beneath.

II.

Of material with similar appearance to the Manufactured Home (or) of masonry material.

III.

Weather-resistant material and material specifically designed by the Manufactured Home manufacturers for skirting, not to be construed to mean sheet metal or scrap metal or polyurethane scrap material.

IV.

Skirted in such a way as not to allow access to the underside of the Manufactured Home for storage and/or trash accumulation but be accessible only for repair to the Manufactured Home.

Approved at the time the building permit is issued and must be installed per manufacturer specifications. The specifications will be required on site when the Manufactured Home is being installed at the location.

(d)

Unlawful occupancy.

It shall be unlawful for any person to occupy any Manufactured or Mobile Home or to permit the occupancy of any such Manufactured or Mobile Home except as specifically permitted in this Development Code.

(e)

Unlawful use on streets and public ways.

No Manufactured Home or Mobile Home shall be used for living quarters upon any street, alley, or other public right-of-way in the city.

(f)

Utility connections.

(i)

Electrical.

Connections to any source of electricity without approval of a building inspector and the payment of the required fee is prohibited. All electrical connections must comply with the requirements of the adopted National Electric Code.

(ii)

Plumbing.

Connections to any source of water supply or sewage disposal without the approval of a building inspector and the payment of the required fee is prohibited. All plumbing connections must comply with the requirements of the adopted International Plumbing Code.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Setbacks, Lots, and Yards.

The minimum yards and other open spaces required in this Development Code for each and every building existing at the time of this ordinance adoption, or for any building erected or altered in the future, shall not be encroached upon or considered a yard or open space for any other building.

(a)

Setbacks and width.

(i)

Minimum requirement.

Unless otherwise stated, principal and accessory buildings are subject to a minimum required horizontal separation from right-of-way lines or property lines as required per each District's spacing regulations in Article II, Division 2, District Specific Standards.

(ii)

Exemption.

Structures such as mailboxes, fences, planters, landscaping beds, flagpoles, yard decorations, and other elements determined by the City Manager to be similar, are not subject to setbacks.

(iii)

Average front setback.

The minimum front setback requirement for a single-family dwelling may be reduced by the City Manager in cases where two adjacent lots on each side of the subject parcel are occupied by principal single-family dwellings of which the actual building setbacks are less than required by the zoning district. The average of the established setbacks for those buildings shall be the minimum required front setback for the subject lot.

(iv)

Cul-de-sac lots.

The front yard setback shall follow the curve of the front lot line.

Cul-de-Sac Setback

(v)

Lot width.

Lot width shall be measured at the front lot line and at the front setback line. On cul-de-sac lots, width shall only be measured at the front setback line.

(b)

Projections into setback areas.

(i)

Architectural features.

Certain architectural features, such as cornices, bay windows, windows without foundations, window wells, gutters, chimneys, pilasters, balcony, and other elements determined by the City Manager to be similar, may project no further than three feet into any setback area.

(ii)

Open and uncovered elements.

An open, uncovered, and unenclosed porch or paved terrace and other structural elements determined by the City Manager to be similar, may project into a setback area for a distance of not more than 10 feet.

(iii)

Entryways.

Porches, stoops, awnings, and other elements determined by the City Manager to be similar may project into a setback area for a distance of not more than five feet.

(iv)

Covered and enclosed additions.

Any permanently constructed carport, terrace, addition, deck, or balcony that is covered by a roof or trellis, or enclosed by a barrier, wall or screen, shall meet the minimum setback requirements of the principal building or accessory building to which it is attached. Any other similar covering or enclosing structural element shall be subject to the same requirement.

(c)

Lot requirements and designations.

(i)

Interior lots.

(A)

Yards and lot lines.

Interior lots shall have one front lot line, one front yard, two side lot lines, two side yards, one rear lot line, and one rear yard.

(B)

Setbacks.

Buildings on interior lots shall be subject to one front setback, two side setbacks, and one rear setback.

(ii)

Corner lots.

(A)

Yards and lot lines.

A corner lot with street frontage on two connecting sides shall have the following yards and lot lines:

(1)

Residential corner lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.

(2)

For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.

(3)

Where the lot lines are of equal length, the City Manager shall determine the front lot line and front yard to match the front lot line and front yard on the adjacent lots along the street on which the residence is addressed.

(4)

Commercial corner lot shall have two front lot lines, one interior side lot line, and one rear lot line. A commercial corner lot has two front yards, one side yard, and one rear yard.

(B)

Setbacks.

On a corner lot with street frontage on two sides, buildings shall be subject to the following setbacks:

(1)

Residential buildings shall be subject to one front setback, two side setbacks, and one rear setback.

(2)

Commercial buildings shall be subject to two front setbacks, one side setback, and one rear setback.

(iii)

Multi-frontage lots.

(A)

Yards and lot lines.

A multi-frontage lot with street frontage on three sides shall have the following yards and lot lines:

(1)

Residential multi frontage lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.

(2)

For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.

(3)

Where the lot lines are of equal length, the City Manager shall determine the front lot line and front yard to match the front lot line and front yard on the street on which the residence is addressed.

(4)

Commercial multi-frontage lot shall have three front lot lines, and one rear lot line. A commercial corner lot has three front yards, and one rear yard.

(B)

Setbacks.

On a multi-frontage lot with street frontage on three sides, buildings shall be subject to the following setbacks:

(1)

Residential dwellings shall be subject to one front setback, two side setbacks, and one rear setback.

(2)

Commercial buildings shall be subject to three primary front setbacks and a rear setback.

(iv)

Through lots.

(A)

Yards and lot lines.

Through lots shall have two front lot lines, two front yards, two side lot lines, and two side yards.

(B)

Setbacks.

Buildings shall be subject to two front setbacks, two side setbacks.

(C)

Orientation of structures.

The City Manager shall consider the following when determining orientation of the dwelling:

(1)

Location and orientation of existing or proposed buildings on the through lot in relation to existing buildings on properties in the same general neighborhood, historic development patterns, and existing developed through lots.

(2)

Location and impact of existing vegetation, water, or other natural features affecting the location of buildings or structures on the lot in question.

Lot Types

(d)

Duplex lots.

(i)

Duplex development may be platted so that two units are placed on one lot in accordance with the requirements of the dimensional table of the district in which the duplex is located, or so that the units are placed on pairs of lots with the lot line through the common wall between the units. If lots are platted so that each unit is on an individual lot, the plat shall indicate which lots are paired. Paired lots shall each provide half of the required minimum size and width but may together meet other requirements of the applicable dimensional standards.

(Ordinance 1914 adopted 5/27/2025)

Sec. 7 Height.

(a)

Structures.

Church spires, chimneys, water, fire, radio, and television towers, smokestacks, flagpoles, monuments, and similar structures and their necessary mechanical appurtenances may be erected above the height limits established in this zoning ordinance.

(b)

Measurement.

Vertical distance of building height is measured from the elevation of the finished grade at the front of a building, on a level lot, to:

(i)

Mansard, gable, hip or gambrel roof:

The average height between the eaves and ridge.

(ii)

Parapet/flat roof:

The highest point of the roof for a flat roof.

(iii)

Other roof type:

A point equivalent to the roof types specified in this section, as determined by the City Manager.

(c)

Sloping grade and walkout.

On a sloping grade, the height shall be measured from the average grade, between front and rear building lines, or between side building lines, whichever dimension reflects the greater degree of slope, to the point of measurement noted in Subsection (b) above. The height of building additions shall be measured in the same manner.

(d)

Grading and/or filling.

Grading and/or filling of materials to elevate the first-floor elevation of a structure shall count against the height measurement of the building if the increase is three feet or greater.

Building Height

(Ordinance 1914 adopted 5/27/2025)

Sec. 8 Steep Slopes.

(a)

The following steep slope restrictions shall apply to all building sites with slopes 15 percent or greater in addition to the design standards in the Engineering Design Manual (EDM).

(b)

When applicable, steep slope regulations shall take precedence over the regulations of the applicable zoning district.

(c)

These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.

(d)

Lot sizes for lots with slopes that are 15 percent or more, or average 15 percent or more, shall be increased by a lot size multiplier of:

(i)

3 times for slope of 15 percent to 24.99 percent; and

(ii)

5 times for slope of 25 percent and above

(e)

No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from areas with slopes of 25 percent or more.

(f)

Grading may occur adjacent to rivers and creeks but shall not exceed a slope of 4:1 from the toe of the creek, upward.

(g)

The alignment of roads and driveways on and along sites with steep slopes shall follow the natural topography and minimize regrading.

(h)

Buildings or land shall not be used, and buildings shall not be erected on sites with slopes of 25 percent or more, except for agricultural farms, parks, playgrounds, golf courses, and other similar uses which may be allowed with a Special Use Permit.

(Ordinance 1914 adopted 5/27/2025)

Sec. 9 Access and Frontage.

(a)

All lots shall have access from a public street or approved private street and all buildings shall be located on lots in a manner that provides safe and convenient access for servicing, fire protection, and required off-street parking. For (nonconforming) lots that don't have access from a public street or approved private street:

(i)

The owner will be required to obtain a shared access agreement with the neighboring lot/s until such time that the lot/s providing access is re/platted, at which time an access easement will be required to be platted to ensure continued access to the subject lot, the nonconforming lot/s, and all surrounding lots as needed.

(b)

Minimum lot frontage shall be equal to the minimum lot width required for the applicable zoning district, unless otherwise permitted in the Kilgore Development Code.

(c)

No residentially zoned land shall be used for driveway, walkway, or access purposes to any land which is non residentially zoned or used for any purpose not permitted in a residential district except for on a parcel which does not abut a public street for ingress and egress to a use existing at the time of adoption of this ordinance.

(d)

Where a parcel of property zoned for commercial use abuts more than one street, access from either street to such property will be permitted only if no residentially zoned property lies immediately across such street from such commercial zoned property; provided, however, access may be permitted from any major thoroughfare on the thoroughfare plan map adopted by the City Council; and provided, further, that one point of access shall be permitted in any case, notwithstanding other provisions of this Code.

(Ordinance 1914 adopted 5/27/2025)

Sec. 10 Grading and Excavation.

(a)

Regulations in the Kilgore Engineering Design Manual (EDM) shall apply when grading or excavating any site in the city.

(Ordinance 1914 adopted 5/27/2025)

Sec. 11 Visibility at Intersections.

(a)

On a corner lot or a lot with a driveway, no use, structure, or plant material, such as off-street parking spaces, fences, signs, berms, hedges, or planting of shrubs, that is between two and one-half and ten feet above the ground, or which obstructs safe vision at a street corner, shall be located, erected, or maintained within clear vision areas as defined in the Engineering Design Manual (EDM).

(b)

Exemption:

Public utility structures, traffic signs, or other items approved by the City Manager are exempt from this provision. This section does not apply to the DNT District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 12 Swimming Pools.

(a)

All swimming pools and spas within residential districts including mobile homes and manufactured homes where allowed, either below ground or above ground, which has a depth of 18-inches or greater shall:

(i)

Not be constructed in the required front yard setback.

(ii)

Not have the edge of the water line closer to the side or rear property lines than six feet.

(iii)

Not have any pool structure, excluding the concrete pool deck, be closer to the side or rear property lines than three feet.

(iv)

Be enclosed by a four-foot fence, with no opening larger than four inches in any direction and a self-closing, self-latching gate.

(Ordinance 1914 adopted 5/27/2025)

Sec. 13 Recreational Vehicle Parking.

No person shall occupy a recreational vehicle upon any lot or parcel of ground within the city except as allowed in the Kilgore Code of Ordinances, Chapter 8, Offenses and Nuisance, Article 8.07, Camping.

(Ordinance 1914 adopted 5/27/2025)

Sec. 14 Refuse Containers.

(a)

Refuse containers or dumpsters shall not be located in the front or side yard of any commercial, office, mixed use, or multifamily building. This restriction shall not apply in cases where compliance would cause such containers to be inaccessible (as determined by the City Manager) to refuse collection vehicles; however, such containers or dumpsters shall be screened from public view.

(b)

Refuse containers on a premises that is classified and billed as a residential user shall be located in the side yard or the back yard and screened from public view, except:

The refuse containers can be placed on the sidewalk or paved surface at the edge of a public right-of-way after 6:00 p.m. the day before service and removed from public view before 8:00 a.m. the day following service.

(Ordinance 1914 adopted 5/27/2025)

Sec. 15 Sewer and Septic Systems.

(a)

The design and construction of sewer and septic systems in the City of Kilgore shall be in accordance with the standards specified in the Kilgore Engineering Design Manual (EDM), Kilgore Code of Ordinances Chapter 13, Utilities, and the Texas Commission on Environmental Quality (TCEQ) guidelines.

(i)

Sewer connection.

All lots, tracts or parcels of land within a distance or radius of 200 feet of a public sanitary sewer main, or across which lot, tract, or parcel of land a public sanitary sewer extends, shall be connected to a public sanitary sewer main. All buildings including accessory buildings on the same lot, tract, or parcel and under single ownership may be connected to a common building sewer in accordance with other applicable ordinances of the city.

(ii)

Septic system.

When there is not a public sanitary sewer within 200 feet of any lot, tract, or parcel of land and when such lot is within the corporate limits such lot may be connected to an approved septic tank per Kilgore Engineering Design Manual (EDM). Application for the use of a septic tank must be made in writing to the City Manager, and such septic tank and the underground drain connections shall be constructed and maintained so as to meet the minimum requirements of the county and the state health departments, as well as the applicable ordinances of the city and the Texas Commission on Environmental Quality (TCEQ) guidelines.

(Ordinance 1914 adopted 5/27/2025)

Sec. 16 Noxious Impacts Prohibited.

Every use shall be conducted and operated in a way that it is not obnoxious or dangerous by reason of heat, glare, fumes, odors, dust, noise, vectors, or vibration beyond the parcel on which the use is located.

(Ordinance 1914 adopted 5/27/2025)

Sec. 17 Nonconformities.

(a)

Nonconforming uses and structures.

(i)

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

(ii)

Nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses unless allowed in this Code.

(b)

Nonconforming status.

(i)

Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use, platted lot, or structure when:

(A)

Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of the Ordinance adopting this Development Code, and has since been in regular and continuous use; or

(B)

Such use, platted lot, or structure was in existence and lawfully operating as of the effective date of any amendment to this Development Code, but by such amendment is placed in a district wherein such use, platted lot, or structure is no longer permitted, and has since been in regular and continuous use; or

(C)

Such use, platted lot, or structure was in existence and lawfully operating at the time of annexation into the city and has since been in regular and continuous use.

(c)

Continuing lawful use of property and existence of structures.

(i)

Nonconforming uses as defined above may be continued; but if said nonconforming use or structure is discontinued or abandoned, any future use of said premises shall be in conformity with the provisions of this Development Code.

(A)

"Discontinuance" of a nonconforming use shall be defined as the actual act or date that the use is discontinued or ceases to operate on the subject property.

(B)

"Abandonment" of a nonconforming use or structure shall be defined as the actual act or date of abandonment for a time period of six months or longer.

(ii)

A Certificate of Nonconformity will be obtained by the owner/operator of a nonconforming use or structure as a condition of continuing such use by providing the following documentation to the City Manager:

(A)

A building permit or certificate of occupancy for the use or structure before it became nonconforming, and

(B)

Utility bills or proof of payment for utilities to prove continuous operation of the use or structure for one month before and all the months since the use became nonconforming.

(iii)

Conforming single-family residential use or structure on platted lots which were approved prior to the effective date of the Ordinance adopting this Development Code, which may now be nonconforming due to stricter standards, shall be deemed in conformance with this Development Code as long as the use of the lot is allowed in the respective district. Only the lot size, depth, setbacks and width shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Development Code shall be met, or the use or structure shall be considered nonconforming.

(iv)

Any existing vacant lot platted prior to the effective date of the Ordinance adopting this Development Code, which was legally conforming, shall be deemed a legal nonconforming lot.

(d)

Changing nonconforming uses.

(i)

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

(ii)

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use while the structure would retain its legal nonconforming status.

(iii)

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

(e)

Expansion of nonconforming uses and buildings.

(i)

An expansion of a nonconforming use or structure is only allowed in accordance with the following:

(A)

A nonconforming use located within a building may be extended throughout the existing building, provided that:

(1)

No structural alteration may be made on or in the building except those required by law to preserve such building in a safe and structurally sound condition.

(2)

The number of dwelling units or rooms in a nonconforming residential use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a nonconforming use.

(B)

No nonconforming use within a building may be extended to occupy any land outside the building.

(C)

No nonconforming use of land or building shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the land became a nonconforming use, except to provide off-street loading or off-street parking space. However, a single-family residence may expand the structure up to 30 percent of the total square footage of the residence one time after being found legally nonconforming.

(D)

A residential lot that was an official "lot of record" prior to the effective date of the Ordinance adopting this Development Code, regardless of the lot size requirement of this Code, may be used for a single-family dwelling.

(E)

Buildings or structures which have been vacant or abandoned for more than six months and do not meet the current area regulations or development standards shall be allowed to be reoccupied by a conforming use provided the nonconforming buildings or structures are not deemed detrimental to the health, safety, and welfare.

(f)

Restoration of nonconforming structure.

If a structure occupied by a nonconforming use is destroyed by fire, the elements, or some other act of God, it may not be rebuilt except to conform to the provisions of this Development Code. In the case of partial destruction of a nonconforming structure which does not exceed 50 percent of its total appraised value as determined by the Gregg or Rusk County Appraisal District, reconstruction will be permitted, but the previously existing square footage of the structure and/or the function of the nonconforming use cannot be expanded.

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Purpose.

This division outlines requirements that are applicable for situations that may occur in any location in the City of Kilgore, regardless of the zoning district designation. These regulations apply in addition to all regulations of the zoning district in which the use is located, as well as all other applicable requirements of the Development Code and the city's Code of Ordinances.

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Adult Businesses (Sexually Oriented Businesses).

(a)

Intent and purpose.

(i)

It is the purpose of this Section to regulate sexually oriented businesses to promote the health, safety and general welfare of the residents of the city; to protect and preserve the quality, property values, and character of the city; to prevent the concentration of sexually oriented businesses within the city; and to minimize the potential negative impacts of sexually oriented businesses on residential areas, churches, schools, and public areas.

(ii)

It is expressly not the intent or effect of this Section to impose a limitation upon rights granted under the First Amendment.

(b)

Location of sexually oriented businesses and signage.

(i)

A sexually oriented business shall be located at least 2,500 feet from the property line of any residentially zoned property, and at least 2,000 feet from the property line of any lot where a church, school, college, child/adult care center, park, hospital, nursing home, cemetery, or swimming pool is located. For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure where a sexually oriented business is conducted, to the nearest property line of the aforementioned uses.

(ii)

No sexually oriented business shall be located anywhere within the City Limits of Kilgore except along and immediately adjoining State Highway 42 South, also known as Industrial Boulevard, from its intersection with Watson Road south to the Kilgore City Limits.

(iii)

Each sexually oriented business shall comply with all of the city's sign ordinance requirements. Additionally, any signs shall not advertise, either graphically or verbally, either by explicit or literal expression, connotation, or implied reference, any specified sexual activities or specified anatomical areas. No sexually oriented business shall display more than two exterior signs consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.

(iv)

An applicant for a license or permit under this Development Code for a location not previously licensed or permitted shall, no later than the 60th day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant for the license.

(c)

License required.

(i)

All sexually oriented businesses to be operated within the city shall first obtain a valid license under the provisions of this Code. A license shall be valid for one year, and be renewed annually.

(ii)

A license shall only be issued for sexually oriented businesses that fulfill the locational requirements of Subsection (b) above.

(iii)

A business is not exempt from regulation under this ordinance because it holds a license or permit under the Texas Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages.

(d)

Display of license.

(i)

A valid license shall be displayed at all times in an open and conspicuous place on the premises of the sexually oriented business for which it was issued.

(ii)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business so that it may be easily read at any time.

(e)

Application for a license.

(i)

Any person desiring a license shall file a sworn written application with the city clerk or his/her designee. The application shall set forth the following:

(A)

The name of the applicant and whether the applicant is an individual, general partnership, limited partnership, corporation, or other entity.

(B)

The name under which the sexually oriented business is to be operated and a general description of the services or products to be provided.

(C)

The address and legal description of the parcel of land on which the sexually oriented business is to be located.

(D)

The name, resident address, and telephone number of the manager or other individual to be principally in charge of the operation of the sexually oriented business.

(E)

A written declaration that the information contained in the application is true and correct.

(F)

If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the president and the treasurer of such corporation or entity.

(ii)

In addition, the application shall be accompanied by the following:

(A)

Payment of the license fee, as provided in this Section.

(B)

A certified copy of the Assumed Name Certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes, Business and Commerce Code, Development Code 36), if the applicant is to operate the sexually oriented business under the assumed name.

(C)

If the applicant is a Texas corporation, a certified copy of the Articles of Incorporation.

(D)

If the applicant is a foreign corporation, a certified copy of the Certificate of Authority to Transact Business in the state.

(E)

If the applicant is a foreign or limited partnership, a certified copy of the Certificate of Limited Partnership, together with all amendments thereto, filed in the Office of the Clerk of State under the Texas Limited Partnership Act (Article 6132a of Texas Revised Civil Statutes).

(F)

A complete list of persons employed by the sexually oriented business, including their age, date and place of birth, social security number, driver's license number, and salary or wage rate. This list shall be updated monthly by a verified report to the city clerk, listing all of the above information for any employees hired during the previous month.

(G)

A detailed site plan which describes the dimensions and location of the sexually oriented business and clearly shows it to be in compliance with the locational requirements of subsection (b) above.

(iii)

The city clerk or his/her designee shall notify each applicant of their eligibility for a license within twenty days of receipt of the completed application. If the applicant complies with the provisions of these regulations, then the city clerk or his/her designee shall issue a license.

(f)

Investigation, issuance or denial of license.

(i)

Upon receiving an application for a license, the city clerk or his/her designee, shall conduct an investigation with the City Manager to determine if the application is complete and complies with the locational and sign requirements as set forth in these regulations. The city clerk or his/her designee shall deny the application for a license if any requirement of this Section is not satisfied.

(ii)

The city clerk or his/her designee shall deny the application for a license if one or more of the following is determined to be true:

(A)

An applicant is under eighteen years of age.

(B)

An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.

(C)

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(D)

An applicant or applicant's spouse has been convicted of a violation of a provision of this Section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application; the fact that a conviction is being appealed shall have no effect.

(E)

The license fee required by this Section has not been paid.

(F)

An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

(G)

An applicant or an applicant's spouse or any employee has been convicted of a crime involving the following. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

(1)

Any of the following offenses as described in Development Code 43 of the Texas Penal Code: prostitution; promotion of prostitution; aggravated promotion of prostitution; obscenity; sale, distribution, or display of harmful material to minors; sexual performance by a child; possession of child pornography.

(2)

Any of the following offenses as described in Development Code 21 of the Texas Penal Code; public lewdness; indecent exposure; indecency with a child.

(3)

Sexual assault or aggravated sexual assault as described in Development Code 22 of the Texas Penal Code.

(4)

Incest, solicitation of a child, or harboring a runaway child as described in Development Code 25 of the Texas Penal Code; or

(5)

Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

(iii)

In the event that any applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to the provisions of this Section.

(g)

License fee.

(i)

To defray the cost of processing the license application, the applicant shall pay a fee in the amount as provided in appendix B to the city's Code of Ordinances. No portion of any fee collected under this section shall be returned after a license has been issued or denied. The license is to be renewed annually.

(h)

Transfer of license.

(i)

A license shall not be transferred to another license holder or address.

(i)

(Reserved.)

(j)

Regulations pertaining to exhibition of sexually explicit films or videos.

A person who operates or causes to be operated a sexually oriented business, which exhibits a film, videocassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(i)

Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented with scale, cardinal direction, and dimensions sufficient to show all areas of the interior of the premises to an accuracy of plus or minus six inches. The city clerk or his/her designee may waive the foregoing diagram for renewal application if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered.

(ii)

The application shall be sworn to be true and correct by the applicant.

(iii)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city clerk or his/her designee.

(iv)

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is inside the premises.

(v)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. If the premises has two or more manager's stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. Restrooms may not contain video reproduction equipment.

(vi)

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to ensure that the manager's station view(s) remains unobstructed by any doors, walls, merchandise, display racks or other materials and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed.

(vii)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.

(viii)

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

(k)

Additional regulations for adult motel.

(i)

Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as defined in this Code.

(ii)

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, they rent or subrent a sleeping room to a person and, within ten hours from the time the room is rented, they rent or subrent the same sleeping room again.

(iii)

The terms "rent" or "subrent" in this section means the act of permitting a room to be occupied for any form of consideration.

(l)

Exceptions to regulations.

(i)

Any business operated by or employing psychologists, physical therapists, athletic trainers, masseuses, cosmetologists, or barbers, licensed by the State of Texas and performing functions authorized under the licenses held;

(ii)

Any business operated by or employing physicians, osteopaths, nurses, or chiropractors, licensed by the State of Texas, engaged in practicing the healing arts; and

(iii)

Any retail business whose major business is the sale of apparel to customers.

(m)

Enforcement and inspection.

(i)

The chief of police, or his designee, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent, or tenant in charge of any premises where a sexually oriented business is located.

(ii)

The chief of police, or his designee, may enter any building, structure or other premises where the sexually oriented business is located, at any time it is occupied or open for business, for the purposes of investigation to insure compliance with the terms of these regulations.

(iii)

A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the city clerk or his/her designee or the chief of police at any time it is occupied or open for business.

(iv)

However, when the city clerk or his/her designee or the chief of police or his/her designee, is denied permission to inspect any premises, inspection shall be made only under the authority of a warrant issued by a magistrate authorizing the inspection for violation of these regulations. In applying for such a warrant, the chief of police or his/her designee, shall submit an affidavit to a magistrate setting forth his belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such operator, or occupant thereof. If the magistrate finds that probable cause exists for a search of the premises, such warrant shall describe the premises with sufficient certainty. A warrant so issued shall constitute authority for the chief of police or his/her designee, to enter upon or inspect the premises described.

(n)

Suspension and revocation of licenses.

(i)

The City Manager, is hereby granted, and shall have the power to suspend any and all licenses authorized by these regulations, if he determines that a licensee or employee or business invitee or guest of licensee has:

(A)

Violated or is not in compliance with any provision of this Section;

(B)

Engaged in the sale or consumption of alcoholic beverages while on the sexually oriented business premises;

(C)

Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(D)

Been convicted of an offense listed in this Section;

(E)

Knowingly allowed any specified sexual activities to occur in or on the sexually oriented business premises; or

(F)

Is delinquent in payment to the city for taxes, fees, fines, or penalties.

(o)

Unlawful acts.

(i)

It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any assumed name or fictitious name other than the one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code Annotated, Development Code 36).

(ii)

It shall be unlawful for any individual, partnership, corporation or other entity to use a license which has been issued to another individual, partnership, corporation or other entity.

(iii)

It shall be unlawful for any person to counterfeit, forge, change, deface or alter a license.

(iv)

It shall be unlawful for any person to serve, possess, or consume alcoholic beverages on the premises of any sexually oriented business.

(p)

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this ordinance is subject to a suit for injunction as well as prosecution for criminal violations.

(q)

These regulations do not legalize anything prohibited under the Penal Code or any other state law or city ordinance. Furthermore, any violation of the Penal Code or other state law or city ordinance shall be deemed grounds for revocation of the license issued.

(r)

Any person, firm or corporation violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction in the municipal court, shall be punished by a fine not to exceed the sum of $200.00 for each offense. Each day that such offense shall continue shall constitute a separate offense.

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Alcoholic Beverage Sales.

(a)

Shall be compliant with Chapter 4, Business Regulations, Article 4.02 Alcoholic Beverages of the Code of Ordinances.

(b)

Shall be compliant with the Texas Alcoholic Beverage Code and the requirements by the Texas Alcoholic Beverage Commission (TABC).

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Boarding/Roominghouse.

(a)

The most restrictive of the following requirements will apply to the use of a building as a boardinghouse or roominghouse:

(i)

No more than five persons who are not related by blood, marriage, adoption, or other legal relationship, may occupy or lodge within the building; and

(ii)

No building may be used as a boardinghouse or roominghouse unless the building is equipped with a private sanitary toilet, lavatory, and shower or bathtub bathing facility for every four persons occupying said building.

(b)

No building may be used as a boardinghouse or roominghouse except through a specific use permit for such use.

(i)

The specific use permit (SUP) ordinance will indicate, the number of rooms in the building that may be used as a lodge, and the maximum occupancy of the building.

(ii)

Any violation of the SUP ordinance is grounds for the revocation by the City Council of the specific use permit for a boardinghouse or roominghouse.

(iii)

The revocation of the specific use permit will be in addition to any other penalties provided by the ordinance and any other ordinances of the City of Kilgore, Texas, and the statutes and laws of the State of Texas.

(c)

Any person who owns or operates a boardinghouse as defined herein, shall be required to keep and maintain a daily boardinghouse log in which the following information will be recorded:

(i)

Address of boardinghouse.

(ii)

Name and address of owner and manager of such boardinghouse.

(iii)

Number of lodges, as defined herein, in such boardinghouse; and

(iv)

Name and lodge number for every person who occupied a lodge within the building for such day.

(d)

The daily boardinghouse log shall be kept at the boardinghouse for inspection for one calendar year after the current year during which the log is maintained. The daily boardinghouse logs will be available for inspection by the building official or his designee upon no notice.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Cemeteries, Columbarium, and Mausoleums.

(a)

The minimum parcel size for cemeteries, columbarium, and/or mausoleums shall not be less than ten acres, and crematories (building only) shall not be less than two acres unless such uses are accessory to uses that exists at the time of adoption of this Development Code.

(b)

No part of any crypt, mausoleum, or other building, other than a subterranean grave, shall be less than 50 feet from the nearest lot line.

(c)

Crypts, mausoleums, or other structures, other than monuments, shall together not occupy more than ten percent of the total area.

(d)

A continuous screening device shall be provided and maintained along all boundary lines separating said cemetery or crematories from any contiguous land.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Churches and Other Houses of Worship.

(a)

Shall be subject to Traffic Impact Analysis (TIA) requirements in the Kilgore Engineering Design Manual (EDM).

(Ordinance 1914 adopted 5/27/2025)

Sec. 7 Childcare Centers (Daycare, after School Care).

(a)

Minimum lot area:

Not be less than 6,000 square feet or not less than 30 square feet per child, whichever is greater.

(b)

Each daycare center shall comply with minimum spatial requirements within the district where such use is permitted.

(c)

There shall be a fence six feet in height surrounding all play areas. Such fencing shall be continuous with latching gates at exit and entrance points. The fencing may be of masonry construction, chain link, or wood.

(d)

In the case of specific use permit, the Planning and Zoning Board may require that plantings be placed on the outside of the required fencing and may also require that such fenced areas be setback from any property line, and other requirements as may be required by the Planning and Zoning Board.

(e)

Each daycare center prior to receiving a certificate of occupancy from the City must have met all State of Texas regulations and present a copy of the state license or permit to operate such a facility to the City Manager.

(Ordinance 1914 adopted 5/27/2025)

Sec. 8 Funeral Homes and Mortuaries.

(a)

In addition to the requirements applicable to funeral homes and mortuaries within the districts where such are permitted, the following requirements and regulations shall be complied with:

(i)

Minimum lot area shall not be less than one acre.

(ii)

All ingress and egress points shall be to or from primary arterials.

(iii)

All operations including loading and unloading facilities shall be screened from abutting properties by a solid fence, masonry wall, or evergreen hedge.

(Ordinance 1914 adopted 5/27/2025)

Sec. 9 Gasoline Service Stations and Carwashes.

(a)

In addition to the requirements applicable to gasoline service stations and carwashes within the districts where such are permitted, the following requirements and regulations shall be complied with:

(i)

Gasoline service stations.

(A)

The minimum lot area to be occupied by a gasoline service station shall not be less than 12,000 square feet with a lot frontage of not less than 100 feet;

(B)

All fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any street right-of-way line, property line or buffer strip;

(C)

The outside ends of all canopies shall be set back a minimum distance of ten feet from all property lines;

(D)

Permitted uses.

Retail sale of minor automobile parts and accessories, gasoline, diesel fuel, kerosene, lubricating oils and greases and articles dispensed by vending machines providing such vending machines are located under the roof of the principal structure and screened on not less than three sides.

(E)

No permanent outdoor storage of materials or products shall be permitted.

(F)

All buffering and screening except as provided for herein shall be screened from abutting properties by a solid fence or masonry wall.

(ii)

Carwashes.

(A)

The minimum lot area to be occupied by a carwash containing either one conveyor belt washing stall or four or less self-service and/or automatic washing stalls shall not be less than 15,000 square feet with a lot frontage of not less than 100 feet. For each additional washing stall over one or four, an additional 2,000 square feet shall be added to the minimum lot requirement.

(B)

Except as provided for in the above subsection, all carwashes shall comply with the regulations of subsection 2.4-11(a)(i) [subsection (a)(1),] Gasoline service stations above.

(Ordinance 1914 adopted 5/27/2025)

Sec. 10 Group Housing, Adult Group Home.

(a)

This use requires state licensing and only permits homes complying with the Community Homes for Disabled Persons Act.

(b)

A building permit shall be issued upon the applicant providing proof of meeting the state licensing requirements.

(Ordinance 1914 adopted 5/27/2025)

Sec. 11 Home Occupations.

(a)

Persons desiring a home occupation permit shall make application for same with the City of Kilgore, Texas. The City Manager shall evaluate those factors which might have a bearing on determining if such application for home occupation is clearly incidental and secondary to the dwelling unit and meets all the standards and criteria set forth in this section. If such application is determined to be consistent with this section, a permit for the same shall be issued by the City Manager. Once said home occupation permit is issued to the applicant, it cannot be transferred to a second applicant through the sale, leasing, or rental of the premises on which said home occupation is located or in any other manner. Such application for a permit shall contain such information as the City Manager may require, but in any event, shall include the following:

(i)

Name of applicant;

(ii)

Location of residence where the home occupation will be conducted;

(iii)

Total floor area of the residence;

(iv)

Area of room or rooms to be utilized in the conduct of the home occupation;

(v)

A sketch with dimension showing the floor plan and the area to be utilized;

(vi)

The exact nature of the home occupation.

(b)

Any home occupation permit shall be for a period of five (5) years and must be renewed every five years from date of issue by application to the City Manager according to the provisions set forth in this section. Home occupation permits issued prior to the effective date of the adoption of this Development Code shall expire one (1) year from the date of issuance and must be renewed for a five-year period by application to the City Manager according to the provisions of this section.

(c)

Any person within 200 feet of said home occupation may seek revocation of a home occupation permit by filing a written complaint thereon with the City Manager who shall cause an investigation to be made to determine whether the permit holder is conducting said home occupation in a lawful manner as prescribed by this section. If the City Manager determines that the permit holder is in violation of the provisions of this section, said permit holder shall have a ten-day period in which to correct the violations listed by the City Manager. If said violations are not corrected within the ten-day period granted, the permit shall be revoked until such time a public hearing is held. Said public hearing shall be held on filed complaint for continuation of said home occupation. Said public hearing shall be held before the Zoning Board of Adjustments and appeals within 30 days of filed complaint in which a public hearing will ultimately determine the continuation or elimination of occupation.

(d)

All home occupations shall comply with the following standards and criteria before permits can be issued:

(i)

The home occupation shall be conducted wholly within the principal building or accessory building;

(ii)

No more than one additional person other than the residents residing on the premises shall be employed or engaged in said home occupation at the premises;

(iii)

There shall be no alteration or change to the outside appearance, character, or use of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign not exceeding one square foot in area, non-illuminated, mounted flat against the wall of the principal building or accessory building;

(iv)

No home occupation shall occupy more space than 25 percent of the total floor area of a residence, exclusive of any open porch, attached garage, or similar space not suited for or intended to be occupied as living quarters. Rooms which have been constructed as an addition to the residence and any attached garage or porch which has been converted into living quarters may be utilized for such home occupation;

(v)

No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building or accessory building so used;

(vi)

No equipment or process shall be used in such home occupation which creates noise, vibrations, glare, fumes, odors, or electrical interference detectable to the normal senses outside the dwelling unit, nor shall there be any combustible materials located elsewhere on the premises which are in violation of the city's fire prevention code. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in voltage off the premises;

(vii)

No more than one automobile or truck whose size shall not be larger than a stock one-ton panel or pickup truck used in conjunction with such home occupation shall be permitted to park on the premises in question or off the premises in question and within view from surrounding properties. Vehicles may not have attached signs which exceed or extend beyond the dimensions of the vehicle.

(Ordinance 1914 adopted 5/27/2025)

Sec. 12 Impounded Vehicle Storage Facility.

(a)

Temporary parking and storage of impounded operable or inoperable motor vehicles is limited to a period of time not to exceed 90 days.

(b)

All enclosed and unenclosed facilities must be paved with an all-weather surface.

(c)

Vehicles may not be salvaged, dismantled or repaired at the facility.

(Ordinance 1914 adopted 5/27/2025)

Sec. 13 Industrial.

All industrial uses shall conform to the following standards, which are established as minimum requirements.

(a)

Fire and explosion hazards.

All buildings, storage and handling of flammable materials, and other activities shall conform to city building and fire codes and to any applicable state and federal regulations or requirements. A land use shall not represent a fire or explosion hazard to another adjacent property or to the general public. The storage, use, or manufacture of materials, goods or products, ranging from free or active burning to intense burning, as determined by the City Manager, is permitted subject to compliance with all other yard requirements and performance standards previously described and providing that the following conditions are met:

(i)

All flammable liquids, solvents, cleaners, and other hazardous substances capable of contaminating groundwater or soil shall be stored within a building. Secondary containment measures shall be installed and utilized to prevent ground contact by any spills.

(ii)

All such materials or products shall be produced, stored, or used in a completely enclosed building or structure that has noncombustible exterior walls and that also meets all related building code requirements.

(iii)

The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with state rules and regulations.

(iv)

All handling of flammable or hazardous substances shall be in accordance with state and federal laws, all required permits shall be obtained, and the establishment shall remain in conformance with all such requirements.

(b)

Smoke and/or air pollution control.

Smoke, radiation, fumes, gases, dust, odors or other atmospheric pollutants shall not be emitted beyond the boundaries of a lot in a manner that may cause property damage or hazards to public health, be detrimental to the property rights of others, or constitute a nuisance. Emissions shall be in strict conformance with all applicable federal, state and county health laws.

(c)

Vibration.

Vibration caused by an industrial activity shall not be detectable beyond the boundaries of the site on which the activity is conducted.

(d)

Noise.

Noise created by an industrial activity shall not adversely affect an adjoining property.

(e)

Glare and radioactive materials.

Any process that results in glare (such as arc welding or acetylene torch cutting), shall not emit ultraviolet light, measured at the property line, that exceeds safe levels as established by the National Institute of Standards and Technology and/or the Atomic Energy Commission.

(Ordinance 1914 adopted 5/27/2025)

Sec. 14 Junkyards and Salvage Yards.

(a)

In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations shall be complied with:

(i)

Dimension requirements.

(A)

Minimum lot area: Two acres.

(B)

Minimum lot location:

(1)

Distance from any residentially zoned district; or federal or state highway within the city: 300 feet.

(2)

Distance from any street right-of-way line: 25 feet.

(3)

Distance from any other property line: 20 feet.

(ii)

Buffering and screening.

The site shall be screened from all public rights-of-way and adjacent property by a landscaped buffer which creates a solid fence or screened by a solid fence eight feet in height or other prescribed screening device, with the necessary openings for the operation of business. All state and federal requirements shall apply where applicable.

(iii)

Site plan approval.

All such uses shall be required to have site plan approval in accordance with Article V, Division 3, Section 3 of this Development Code.

(Ordinance 1914 adopted 5/27/2025)

Sec. 15 Manufactured Home and/or Mobile Home Park/Community.

(a)

Location of parks.

Manufactured Home parks may be located only in conformity with this Development Code, and in addition to the requirements contained therein, each boundary of the park must be at least two hundred (200) feet from any permanent residential building located outside the park, unless separated by a natural or artificial barrier, or unless a majority of the adjoining or neighboring property owners, according to area within two hundred (200) feet from the property line of such park, consent in writing to the establishment of the park.

(b)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	3 acres	1,000 sf	Subject to Article II, Division 3, Section 4
Maximum Density	10 DU/acre
Minimum Street Frontage	40 ft
Maximum Lot Coverage	50%
Maximum Height		20 ft
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

(c)

Refuse handling.

(i)

The storage, collection and disposal of refuse in a manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect-breeding areas, accident or fire hazards or air pollution.

(ii)

All refuse shall be stored in a dumpster with a lid which shall be located not more than one hundred fifty (150) feet from any manufactured home lot. Dumpsters shall be provided in a sufficient number and capacity to properly store all refuse and shall be enclosed by an adequate fence or by shrubbery.

(iii)

Dumpsters shall be provided for all refuse containers. Dumpsters shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.

(iv)

Dumpsters shall be collected at least twice weekly. Curbside service will be provided if streets are dedicated public streets.

(d)

Responsibilities of the park management.

(i)

Any person to whom a license for a manufactured home park is issued shall operate the park in compliance with this Development Code and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(ii)

The park management shall notify park occupants of all applicable provisions of this Development Code and inform them of their duties and responsibilities under this Code.

(iii)

The park management shall supervise the placement of each manufactured home in conformance with the state manufactured housing standards act.

(iv)

The park management shall maintain a register containing the name and address of each occupant.

(v)

The park management shall keep such register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register records shall not be destroyed for a period of two (2) years following the date of registration.

(vi)

The park management shall be responsible for all refuse collection charges for all units not separately metered with a water account in the name of the occupant.

(vii)

The park management shall be responsible for posting all lot numbers on each lot that each lot number is visible from the street and is at least four (4) inches in height.

(viii)

The park management shall be responsible for maintaining common areas, utilities, and private streets within the manufactured home park.

(ix)

The park management shall comply with all applicable requirements of this Development Code and shall maintain the manufactured home park, its facilities and equipment in good repair and maintain clean and sanitary conditions throughout the park.

(e)

Responsibilities of park occupants.

(i)

Each park occupant shall comply with all applicable requirements of this Development Code and shall maintain the manufactured home lot, its facilities and equipment in good repair and in a clean and sanitary condition.

(ii)

Each park occupant shall be responsible for the proper placement of the manufactured home and installation of all utility connections in accordance with the state manufactured housing standards act.

(iii)

Skirting shall be required.

Porches, awnings and other additions shall be installed only if permitted and approved by the park management and permitted by the city, and when installed shall be maintained in good repair. The space immediately underneath a manufactured home is prohibited from being used as storage space.

(iv)

Each park occupant shall dispose of all rubbish and garbage in accordance with Section 17(b) [subsection (c)] above.

(f)

Required.

(i)

It shall be unlawful for any person to operate or maintain within the city limits any manufactured home park except in the MHP zoning district without first obtaining a special use permit from the City of Kilgore.

(ii)

Each manufactured home park shall have minimum 20 percent of the area set aside for open space/park, and play area if children are permitted in the park. The play area shall be enclosed with a fence.

(g)

Application required.

(i)

A manufactured Home Park may not be established in the City of Kilgore without the approval of a site plan. The site plan shall be submitted to the City Manager and will be processed per Article V, Division 3, Section 3 of this Development Code. The site plan shall contain the following:

(A)

The name and residence address of the applicant;

(B)

The exact location and a legal description of the park;

(C)

A complete site plan of the park, showing the following:

(1)

The area and dimensions of the tract of land;

(2)

The number, location and size of all manufactured homes and lots;

(3)

The location and width of roadways and walkways;

(4)

The location of all utility lines;

(5)

Plans and specifications of the water supply and refuse and sewage disposal facilities;

(6)

Plans and specifications of all buildings constructed or to be constructed within the park;

(7)

The location and details of lighting and electrical systems.

(h)

Grading and drainage.

The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

(i)

Separation between buildings.

Manufactured homes shall be separated from each other and from other buildings and structures by at least twenty (20) feet; provided, however, manufactured homes placed end-to-end may have a clearance of ten (10) feet where opposing rear walls are staggered. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak and porch which has a floor area exceeding twenty-five (25) square feet, and an opaque top or roof, for purposes of all separation requirements, shall be considered to be part of the manufactured home.

(j)

Water supply.

(i)

General requirements.

An accessible, adequate, safe and potable supply of water shall be provided in each manufactured home park. Where a public supply of water of satisfactory quantity, quality and pressure is available at the site or at the boundary of the site, connection shall be made thereto, and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the health officer.

(ii)

Water distribution system.

(A)

The water supply system of the manufactured home park shall be connected by pipes to all manufactured homes, buildings and other facilities requiring water.

(B)

All water piping, fixtures and other equipment shall be constructed and maintained in accordance with state and local regulations and requirements and shall be of a type and in locations approved by the city.

(C)

The water piping system shall not be connected with non-potable or questionable water supplies and shall be protected against the hazards of backflow or backsiphonage.

(iii)

Individual water riser pipes and connections.

(A)

Individual water riser pipes shall be located within the confined area of the manufactured home stand at a point where the water connection will approximate a vertical position.

(B)

Water riser pipes shall extend at least four (4) inches aboveground elevation. The pipes shall be at least three-quarters of an inch. The water outlet shall be capped when a manufactured home does not occupy the lot.

(C)

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from heaving and thawing actions found during freezing weather. Surface drainage shall be diverted from the location of riser pipes.

(D)

A shutoff valve below the frost line shall be provided near the water riser pipe on each manufactured home lot.

(E)

Underground stop and waste valves shall not be installed on any water service.

(k)

Sewage disposal.

(i)

General requirements.

An adequate and safe sewerage system shall be provided in all manufactured home parks for conveying and disposing of all sewage. Such system shall be designed, constructed and maintained in accordance with state and local laws.

(ii)

Sewer lines.

All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply at a safe distance. Sewers shall be at a grade which will ensure a velocity of two (2) feet per second when flowing full. All sewer lines shall be constructed of materials approved by the city, be adequately vented and have watertight joints.

(iii)

Individual sewer connections.

(A)

Each manufactured home stand shall be provided with at least a four-inch diameter sewer riser pipe. The sewer riser pipe shall be located on each stand so that the sewer connection to the manufactured home drain outlet will approximate a vertical position.

(B)

The sewer connection from the drain outlet of the manufactured home to the sewer riser pipe shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-fourth of an inch per foot. The sewer connection shall consist of only one (1) pipeline without any branch fittings. All joints shall be watertight.

(C)

All materials used for sewer connections shall be semi-rigid, corrosive-resistant, nonabsorbent and durable. The inner surface shall be smooth.

(D)

Provision shall be made for plugging the sewer riser pipe when a manufactured home does not occupy the lot. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches aboveground elevation.

(iv)

Sewage treatment and/or discharge.

Where the sewer lines of the manufactured home park are not connected to a public sewer, all proposed sewage disposal facilities shall be approved by the health officer prior to construction. Effluents from sewage treatment facilities shall not be discharged into any waters of the state except with the prior approval of the health officer.

(l)

Electrical distribution system.

(i)

General requirements.

Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.

(ii)

Power distribution lines.

(A)

Main power lines not located underground shall be suspended at least eighteen (18) feet above the ground. There shall be a minimum horizontal clearance of three (3) feet between overhead wiring and any manufactured home, service building or other structure.

(B)

All direct burial conductors or cables shall be buried at least eighteen (18) inches below the ground surface and shall be insulated and specially designed for such purpose. Such conductors shall be located not less than one (1) foot radial distance from water, sewer, gas or communication lines.

(iii)

Individual electrical connections.

(A)

Each manufactured home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120-240 volts AC, fifty (50) amperes.

(B)

Outlets, receptacles or pressure connectors shall be housed in a weatherproof outlet box, and shall be located not more than twenty-five (25) feet from the overcurrent protective device in the manufactured home. A three-pole, four-wire grounding type shall be used.

(C)

Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1.

(D)

Connectors, if not substituted by more than one (1) receptacle, shall be provided where the calculated load of the manufactured home is more than fifty (50) amperes.

(E)

The manufactured home shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors.

(F)

Required grounding:

All exposed noncurrent-carrying metal parts of manufactured homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or with approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for manufactured homes or other equipment.

(m)

Natural gas system.

(i)

Liquefied petroleum gas systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.

(ii)

Liquefied petroleum gas systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(iii)

Liquefied petroleum gas systems shall have at least one (1) accessible means for shutting off gas. Such means shall be located outside the manufactured home and shall be maintained in an effective operating condition.

(iv)

All liquefied petroleum gas piping outside of the manufactured homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through the piping equipment and systems in manufactured homes.

(v)

Liquefied petroleum gas containers installed on a manufactured home lot shall be securely but not permanently fastened to prevent accidental overturning. Such containers shall not be less than twelve (12) nor more than sixty (60) U.S. gallons in gross capacity.

(vi)

No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, manufactured home or any other structure unless such installations are approved by the health office.

(Ordinance 1914 adopted 5/27/2025)

Sec. 16 Mining and Mineral Extraction Operation.

(a)

This section does not apply to oil and gas operations.

(b)

No quarrying operation shall be carried on or any stockpile placed closer than 50 feet to any property line, unless a greater distance is deemed necessary for the protection of adjacent property by the Planning and Zoning Board and/or City Council during the Specific Use Permit process; provided that this distance requirement may be reduced to 25 feet by written consent of the owner of the abutting property.

(c)

If the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.

(d)

Slopes shall not exceed 4:1 for portions of a pit more than six (6) feet deep and within 25 feet of a property line or right-of-way without an approved slope stabilization or shoring plan.

(e)

Fencing shall be erected and maintained around the entire site for the protection of the public safety and shall be of a type specified in Article III, Division 4 of this Code.

(f)

All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Access roads shall be maintained in a dust-free condition by surfacing or other treatment as may be specified by the Planning and Zoning Board and/or City Council during the Specific Use Permit process.

(g)

The crushing, washing, and refining or other similar processing may be authorized by the Planning and Zoning Board and/or City Council during the Specific Use Permit process as an accessory use, but such processing shall not be in conflict with the use regulations of the district in which the operation is located.

(h)

An operational and site plan must be submitted as a part of the Specific Use permit application and shall include the following information:

(i)

The areas to be mined and proposed phases.

(ii)

The location of permanent structures.

(iii)

Locations for storage piles.

(iv)

The points of access upon public roads and internal roads.

(v)

Screening and reclamation plans.

(vi)

Hours of operation.

(vii)

Estimated type and quantity of mineral materials to be removed.

(viii)

Description of extraction and processing methods and location of processing plant.

(ix)

Equipment to be placed on the site.

(x)

A summary of the procedures and practices that will be used to ensure compliance with the requirements of this section.

(xi)

A plan disclosing the final grades and elevation.

(i)

Internal combustion engines may be used if they have mufflers that will reduce noise to comply with required noise levels set forth in this ordinance at any point 300 feet from the boundary of the site or operation site and prevent the escape of noxious gases, fumes or ignited carbon or soot.

(j)

The noise level during operations shall not exceed 70 decibels at any point 300 feet from the boundary of the site between 8:00 a.m. and 7:00 p.m. The noise level between 7:00 p.m. and 8:00 a.m. shall not exceed 60 decibels at any point within 300 feet from the boundary of the site. If noise levels at a distance of 300 feet exceed 70 decibels, a sound reduction enclosure shall be required for compliance.

(k)

A road repair agreement shall be filed with the city. A road repair agreement must obligate the operator to repair damage to public streets, including, but not limited to, bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved permit. A video documenting the existing conditions must be submitted prior to approval of the road repair agreement.

(l)

To guarantee restoration, rehabilitation, and reclamation of mined out areas, every applicant granted a mining permit shall furnish a surety bond to the City of Kilgore, in an amount of not less than $2,000, the upper limit to be determined by the Planning and Zoning Board and/or City Council during the Specific Use Permit process, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land, shall within a reasonable time and meet the following requirements:

(i)

All excavation shall be made either to a water producing depth, such depth to be not less than five (5) feet below the low water mark, or shall be graded or backfilled with non-noxious, non-flammable and noncombustible solids, to secure that the excavated area shall not collect stagnant water or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.

(ii)

Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water.

(iii)

The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than four (4) horizontal feet to one (1) foot vertical and the bank shall be stabilized and maintained in accordance with the final stabilization requirements of the Texas Pollution Discharge Elimination System (TPDES) Construction General Permit in effect at the time of construction.

(iv)

The Planning and Zoning Board and/or City Council during the Specific Use Permit process may impose such other conditions, requirements, or limitations concerning the nature, extent of the use and operation of such mines, quarries, or gravel pits as the city may deem necessary for the protection of adjacent properties and the public interest. The conditions and the amount of the surety bond shall be determined by the Planning and Zoning Board and/or City Council during the Specific Use Permit process prior to the issuance of the permit.

(Ordinance 1914 adopted 5/27/2025)

Sec. 17 Oil and Gas Wells.

(a)

Definitions.

Develop any well for oil or gas

shall include the erection and dismantling of derricks; the installation and operation of drilling equipment; the drilling of the well; the installation and cementing of casing; the drilling of the cement plug; the installation of tubing; making of connections; laying of flow lines, mud lines and water lines; the installation of a separator and tanks; the draining and filling of reserve or drilling mud pits; and incidental operations in connections with such enumerated operations.

Lease

shall mean any tract of land subject to an oil, gas, and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the fee royalty ownership, is developed and operated as a separate tract.

Operate oil or gas leases or wells

shall include incidental cementing; cleaning out wells and tubing; repairing equipment; putting raw products into containers or pipelines for transmission; transmitting raw products from the wells to the pipeline; operating pumping equipment; and operations incidental to such enumerated operations.

Permittee

shall mean the person or company to whom is issued a permit for the drilling of a well under this chapter, and includes his administrators, executors, heirs, successors, and assigns.

Person

shall include both the singular and the plural; and shall mean and include any person, individual, agent, employee, firm, representative, partnership, association, corporation, cooperative, or trust.

Well

shall include and mean any hole or holes, bore or bores, to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas, liquid hydrocarbon, or any of them.

All technical or oil and gas industry words or phrases used in this chapter and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry.

(b)

Required.

It shall be unlawful for any person to develop any well for oil or gas or operate, commence to drill or operate, or cause or permit to be drilled or operated, any oil or gas well within the city without first complying with the provisions of this chapter, obtaining a special use permit pursuant to the provisions of the zoning code of the City of Kilgore, and obtaining a permit therefor as provided in this chapter.

(c)

Use of streets; contract.

(i)

It shall be unlawful for any person to use any part of the property or land of the city or any part of any street, alley, park, avenue, lane, or highway within the city in connection with the development of a well for oil or gas, as that term is defined in subsection (a), or in connection with the operation of oil or gas leases or wells as that term is defined in subsection (a), unless such person has entered into a contract with the city agreeing to indemnify the city for liability imposed by law on the city for damage or loss to property and for personal injuries or death arising out of such operations on such property, lands, streets, alleys, parks, avenues, lanes or highways.

(ii)

It shall be unlawful for any person to use any part of the property or land of the city or any part of any street, alley, park, avenue, lane or highway of the city in connection with such property, land, street, alley, park, avenue, lane or highway without a policy of public liability insurance and property damage insurance to be issued by a solvent insurance company authorized to do business in the state, and to be approved by the city clerk.

The amount of such insurance policy for liability for bodily injury or death of one (1) person shall not be less than one million dollars ($1,000,000.00) and for any one (1) accident not less than one million dollars ($1,000,000.00) and for damage to property of others shall not be less than one million dollars ($1,000,000.00).

The terms and conditions of such policy shall be such as to insure such person against loss by liability imposed by law by reason of any accidental personal injury or death to any person other than the insured or his employees, or by reason of any loss or damage to property of any person other than the insured or his employees. Such policy shall provide for coverage of the assumed risk of the city provided for in this section.

(d)

Drilling oil and gas wells.

The following requirements shall apply to developing any well for oil and gas within the city limits of Kilgore, Texas.

(e)

Distance from buildings.

The development of any well for oil and gas for the purpose of exploring for and producing oil and gas is prohibited within the city boundaries within four hundred (400) feet of:

(i)

Any building that is residential, commercial, or industrial; occupied or unoccupied; or owned by the city, by Gregg or Rusk County, or by the State of Texas;

(ii)

Any public or private school; and

(iii)

A public-owned park, a public-owned playground, or a public-owned ball park.

A permit for the development of any well for oil and gas within four hundred (400) feet of any of the above (subsections (i) through (iii)) may be issued by the city if the application for such drilling permit shall include waivers by the owners of all such properties and/or buildings within the prohibited area.

(f)

Waiver form.

Any form used to obtain written permission of the owner of any building as required herein shall contain, as a minimum, the following information:

(i)

The name and address of the owner;

(ii)

A clear and unequivocal statement that the owner agrees to the application for the permitting to develop any well for oil or gas as reflected by the duly acknowledged signature of the owner appearing on said form;

(iii)

A clear and unequivocal statement that the owner may refuse to agree to the permitting of the well;

(iv)

A statement of notice to the owner that a permit to develop any well for oil or gas will not be granted until such time as the applicant complies with all the terms and provisions of this Chapter.

(g)

Application, information.

Any person desiring to develop any well for oil or gas within the city shall first make application for a permit therefore to the city clerk, which application shall set forth in writing the following facts:

(i)

The date of such application;

(ii)

The name of the applicant;

(iii)

The address of the applicant;

(iv)

The proposed site of the well, including the name of the fee owner; the name of the lease owner; and a brief description of the land;

(v)

The type of derrick desired to be used (API recommended standards for depth to be drilled);

(vi)

The name of the operator;

(vii)

An oil spill emergency plan, a copy of which will be placed in the office of the emergency management coordinator;

(viii)

A materials safety data sheet (that includes any chemical at the location) to be placed in the office of the fire chief;

(ix)

Application to, or permit from, the Texas Railroad Commission;

(x)

Any waiver shall be supported by a scaled drawing of the proposed distance and an explanation of the need for such waiver.

(xi)

A statement of the type of steel and/or lined, earthen reserve/drilling mud pit(s) to be used and any request for additional capacity.

(h)

Placing application on record.

The application for a permit required by this chapter shall be placed and kept on record by the city clerk as a part of the public records of the city.

The city clerk shall provide copies of the permit application to the fire chief (who is responsible for all sections of this chapter, unless otherwise specified), to the chief building official, and to the director of planning (who will assure compliance with the special use permit regulations in this code).

(i)

Fees; redrilling operations.

Any applicant for a permit required by the chapter shall pay to the city the sum as provided in appendix B to this code in advance for a permit to develop any well for oil and gas or redrilling for each well to be developed or redrilled, and any drilling permit granted in violation of this section shall be void.

(j)

Form, executing; binding effect.

When the applicant for a permit to develop any well for oil and gas has complied with the provisions of this chapter, the city clerk shall furnish a printed form of the permit which shall be in the nature of a contract or franchise from the city to the applicant.

Such permit shall state therein the substantial regulative provisions of this chapter and that the applicant agrees to comply with such contract or franchise. Such instrument shall be signed by the applicant and the mayor or the mayor pro tem in the name of the city, and shall be executed in duplicate, one (1) copy to be retained by the city and the other copy delivered to the applicant which shall constitute his drilling permit, when so signed and executed, shall be binding upon the applicant in every respect.

(k)

Granting or denial.

Full power and authority for the granting or refusal of a permit to develop any well for oil and gas shall be vested in the city council, and if the city council is of the opinion that the applicant has not fully complied with the requirements of this chapter, it shall decline to issue a permit.

(l)

Refusal or withdrawal of permit; processing fee.

If the permit for the well be refused, or if the applicant notifies the city council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the security of the applicant be not approved and the applicant notifies the city council in writing that he wishes to withdraw his application, then upon the happening of said events the fee filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the City of Kilgore an amount as provided in appendix B to this code as a processing fee.

(m)

Termination for failure to commence operation.

If the development of any oil or gas well operations are not begun within one hundred eighty (180) days after the granting of a permit as required by this article, the permit shall become null and void; provided, such permit may be extended by the city clerk by a written extension before the termination of such one-hundred-eighty-day period, upon a proper written excuse for delay in commencing the drilling operations.

(n)

Revocation.

The city council may revoke any permit issued pursuant to this article, upon proof and evidence that any provision of this chapter is being violated by the permittee. If a permit is revoked, the permittee may make direct application to the city council for a reissuance of such permit at a regular meeting or at any special or called meeting thereof, and the action of the commission thereon shall be final.

(o)

Bond or other security required.

(i)

In the event a permit is issued by the city council under the terms of this chapter for the development of any oil or gas well or redrilling of a well, earth/dirt work may be commenced but no oilfield/drilling/rig equipment may be moved onto the site until the permittee shall file with the city clerk sufficient security in the form of cash, certificate of deposit, a bond, or a letter of credit in such principal sum as determined by the commission, but not to be less than two hundred thousand dollars ($200,000.00).

(ii)

New security.

If at any time the city council shall deem any permittee's security to be insufficient for any reason, it may require the permittee to file a new security.

(iii)

Any security required under the provisions of this section will be conditioned on the penalty of forfeiture to the City of Kilgore on the following:

(A)

That permittee will comply with all the terms and conditions of this chapter.

(B)

That permittee will promptly pay all fines, penalties, or other assessments imposed upon permittee by reason of his breach of any of the terms, provisions, and conditions of this chapter.

(C)

That permittee will remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants, and other property of the city, occasioned in any manner by permittee.

(D)

Maintenance of the drill site shall be according to the provisions of Subsection (g).

(E)

That permittee will indemnify and hold harmless the city from any and all liability growing out of or attributable to the granting of this permit or any of permittee's actions with respect to the development of any well for oil and gas.

(iv)

Reduction in principal amount.

If after completion of a well, the permittee has complied with all of the provisions of this chapter, such as to removing derrick, clearing premises, etc., he may apply to the city council to have the security reduced to a sum of not less than ten thousand dollars ($10,000.00) for the remainder of the time the well produces without reworking. During reworking operations, the amount of the security shall be increased to the original amount of not less than two hundred thousand dollars ($200,000.00).

(v)

Violations of conditions.

It shall be unlawful for the principal of any security filed in accord with this section to violate any condition of such security.

(p)

Insurance required prior to drilling.

(i)

In addition to the security required by this division, each permittee, prior to the issuance of the permit and commencement of actual development of any well for oil and gas operations shall file with the city clerk a certificate or certificates of insurance showing that the permittee has, in full force and effect, a policy or policies of standard comprehensive public liability covering bodily injuries and property damage by an insurance company authorized to do business within the State of Texas, naming the permittee and the city. Such policy or policies, in the aggregate, shall provide for the following minimum coverage:

(A)

For bodily injury or death, one million dollars ($1,000,000.00) as to any one (1) person and three million dollars ($3,000,000.00) as to any one (1) accident.

(B)

For public liability for damage to property of others, one million dollars ($1,000,000.00).

In addition, prior to the issuance of the permit, permittee shall file with the city clerk a certificate or certificates of insurance showing that the permittee has in full force and effect a policy or policies of blow-out or cost of well control insurance in an amount not less than one million dollars ($1,000,000.00) for each well, subject to a deductible amount of not more than one hundred thousand dollars ($100,000.00).

(ii)

Cancellation.

Such insurance policy or policies shall not be materially altered, modified, or canceled without written notice from the insurance carrier to the city clerk at least thirty (30) days prior to the effective date of such cancellation.

The city shall be named as "an additional named insured". In the event the insurance policy or policies are materially altered, modified, or canceled, the permit granted shall be terminated and the permittee's rights to operate under the permit shall cease until the permittee files the appropriate insurance required herein.

(iii)

It shall be unlawful for any person to develop any well for oil and gas within the city unless such person has entered into a contract agreeing to defend and hold harmless the city and its officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of, or resulting from, the drilling operations caused in whole or in part by any negligent act or omission of such person, or his contractor or subcontractor, or anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the party hereby indemnified.

(q)

Maintenance of drill site and roads.

(i)

That permittee will promptly clear the premises of all litter, trash, waste, and other substances used, allowed or occurring in the drilling operations and shall grade, level, and restore said property to the reasonably same surface condition, as nearly as practicable, as existing when operations for developing any well for oil and gas were first commenced, or as otherwise directed by the chief building inspector.

(ii)

That prior to commencing drilling operations, the fire chief and/or the fire marshal shall notify the chief building inspector, who shall photograph the drilling site, streets surrounding the site, and any public utilities appurtenances for "before" photographs.

In the case of the completion of a producing well or a nonproducing well, or exploration, the chief building inspector shall be responsible for photographing the site, surrounding streets, and nearby utilities appurtenances for "after" pictures to assess any changes, as far as damages, in public property or the area of the well site.

The permittee shall be responsible for any damages to the above during any drilling operations and shall begin to make the repairs prescribed by the chief building inspector within thirty (30) days of the completion of a producing or nonproducing well. Repairs shall be completed by the end of an additional thirty (30) days. All street repairs shall be made to the satisfaction of the street superintendent.

(iii)

The drill site and all roads and drives providing vehicular ingress and egress to the well site shall be maintained in such a manner as to prevent dirt, dust, or other similar materials from such roads and well site from being carried in or deposited by the elements into the air or upon any public street, sidewalk, or other public property or upon the property of another party.

(iv)

If said well is completed as a producing well and actual production commences, permittee shall construct and maintain a private road or roads (at either the same location as the original access road or at a new location) sufficient to provide vehicular ingress and egress to the well site from a location along a public road, the entrance to such public road to be approved by the chief building inspector and the street superintendent.

Said private road, at a minimum, shall be constructed of an all-weather, oil-base material, maintained free of dust, dirt, or mud, and in such a manner as to prevent the deposit therefrom of dirt, dust, or other similar materials on, along, or upon any public street, sidewalk, or other public property, or upon the property of a third party. That portion of the private roadway located within the rights-of-way of a public street of the City of Kilgore shall comply in every respect to the construction standards for driveways of the City of Kilgore. Such roadway shall be so maintained until said well is plugged and abandoned.

(v)

If said well is completed as a producing well, but no actual production commences within a ninety-day period of the completion, permittee will grade, level, and restore said property to the reasonable same surface condition (weather permitting), as nearly as practicable as existing when operations for the drilling of the well were first commenced, or as otherwise directed by the chief building inspector. Upon written notice by the permittee to the building inspector, the permittee may present good cause as to why the well had not been put in production. If good cause is shown, the city council, at its next regularly scheduled meeting may grant a thirty-day extension. After production is commenced, said private road shall be constructed and maintained in the manner set forth in subsection (g)(iv) of this section.

(r)

Operating oil and gas wells.

The following regulations shall apply to operating oil and gas wells.

(s)

Operating wells.

(i)

For the purpose of this section, the term "operate oil or gas leases or wells" shall include incidental cementing, cleaning out wells and tubing, repairing equipment, putting raw products into containers or pipelines for transmission, transmitting raw products from the wells to the pipeline, operating pumping equipment, and operations incidental to such enumerated operations.

(ii)

Insurance:

It shall be unlawful for any person to operate oil or gas leases or wells within the city, unless such operation is covered by a policy of public liability insurance and property damage insurance issued by a solvent insurance company authorized to do business in the state, and to be approved by the city clerk. The amount of such insurance policy for liability for bodily injury or death of one (1) person shall not be less than five hundred thousand dollars ($500,000.00) and for any one (1) accident not less than one million dollars ($1,000,000.00) and for damage to property of others shall not be less than five hundred thousand dollars ($500,000.00). The terms and conditions of such policy shall be such as to insure such person against loss by liability imposed by law by reason of any accidental personal injury or death to any person other than the insured or his employees, or by reason of loss or damage to property of any person other than the insured or his employees.

(iii)

For a completed well, the permittee shall furnish a Texas Railroad Commission P-4.

(iv)

It shall be unlawful for any person to operate any well for oil and gas within the city unless such person has entered into a contract agreeing to defend and hold harmless the city and its officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the operator's operations caused in whole or in part by any negligent act or omission of such person, or his contractor or subcontractor, or anyone directly or indirectly employed by any one (1) of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by the party hereby indemnified.

(v)

An operator within the city will remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants, and other property of the city, occasioned in any manner by the operator.

(vi)

Free of litter; paint required.

(A)

The premises of any oil or gas well, storage tanks, tank batteries or related appurtenances, shall be kept in a clean and sanitary condition, free from rubbish of every character, to the satisfaction of the city health officer, at all times during the drilling operation and as long thereafter as oil and gas is being produced therefrom. An operator will promptly clear all premises of all litter, trash, waste, and other substances used, allowed or occurring in the operations. Any operator within the city shall keep the well site, including storage tanks, tank batteries and related appurtenances, clear of all weeds/grass over twelve (12) inches in compliance with the City of Kilgore Texas adopted International Property Maintenance Code.

(B)

All above ground equipment (storage tanks, dog houses, separators, pumpjacks, etc) are required to be painted. The color of paint and/or design on the pumpjack or tanks is hereby left to the discretion of the lease operator or owner.

(1)

Anytime that the majority (approx 50%) of the paint on the equipment has become damaged due to rust, flaking, peeling or discoloration, the equipment must be repainted.

(2)

The use of murals, themes or other designs are highly encouraged, but not required.

All painting of above ground equipment must follow the City of Kilgore Development Code, Article III, Division 6, Signs.

The City of Kilgore Fire Marshal or his designee shall have authority to enforce this subsection of the Oil and Gas Ordinance.

(t)

Motive power for post-drilling operations.

Motive power for all operations after completion of drilling operations shall be by electricity or properly muffled, treated, odorized gas; gasoline; or diesel engines. The mufflers shall be approved by the chief building inspector prior to their use.

(u)

Reworking/redrilling.

The following shall apply to reworking and redrilling wells.

(v)

Redrilling or reworking - permit and fees.

In case of any wells that have previously been developed for any oil and gas or as injection wells within the city which the operator desires to redrill, deepen, rework, recomplete, or plug back, or convert from or to an injection well or from or to a production well in any manner, and for which the Texas Railroad Commission requires a permit, before commencing such redrilling, deepening, reworking, recompleting, or back operation, the operator shall obtain a permit from the city in accordance with the provisions of this chapter and shall pay to the city, in advance, the sum as provided in appendix B to this code for a permit for each well. The operator shall furnish a materials safety data sheet (that includes any chemical at the location) to be filed with the fire chief. This shall include chemicals used by any subcontractor who will be working on the well. In case of any well already drilled for which the Texas Railroad Commission does not require a permit, no permit fee for such work will be charged by the city.

(w)

Form, executing; binding effect.

When the applicant for a redrilling or reworking permit has complied with the provisions of this chapter, the city clerk shall furnish a printed form of the permit which shall be in the nature of a contract or franchise from the city to the applicant. Such permit shall state therein the substantial regulative provisions of this chapter and that the applicant agrees to comply with such contract or franchise. Such instrument shall be signed by the applicant and the mayor or the mayor pro tem in the name of the city, and shall be executed in duplicate, one (1) copy to be retained by the city and the other copy delivered to the applicant which shall constitute his drilling permit.

The provisions of such redrilling or reworking permit, when so signed and executed, shall be binding upon the applicant in every respect. The provisions of this section (Security required) subsection (o) shall apply to an applicant granted a redrilling or reworking permit.

(x)

Granting or denial.

Full power and authority for the granting or refusal of a redrilling or reworking permit shall be vested in the city council and if the city council is of the opinion that the applicant has not fully complied with the requirements of this chapter, it shall decline to issue a permit.

(y)

Refusal or withdrawal of permit; processing fee.

If the permit for the redrilling or reworking of a well be refused, or if the applicant notifies the city council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the security of the applicant be not approved and the applicant notifies the city council in writing that he wishes to withdraw his application, then upon the happening of said events, the fee filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the City of Kilgore as provided in appendix B to this code as a processing fee.

(z)

Plugging and abandoning oil and gas wells.

The following shall apply to plugging and abandoning oil and gas wells.

(aa)

Plugging wells.

(i)

Plugging of wells shall be according to the specifications of the Texas Railroad Commission, Texas Water Commission, and any other state or federal regulatory body or agency having jurisdiction over the operations and the plugging of oil and gas production wells.

(ii)

No producing oil or gas well shall be permanently plugged unless a permit is first obtained from the fire chief or fire marshal. The application for such permit shall give the name and address of the applicant, the location of the well to be plugged, and the time and place of such plugging and be accompanied by an application fee as provided in appendix B to this code. The plugging shall be done in the presence of the fire marshal or some person designated by him, and notice of intention to do such plugging shall be given to the fire marshal not less than three (3) days prior to such plugging.

(bb)

Abandonment of wells.

The abandonment of wells shall be according to the regulations of the Texas Railroad Commission.

(cc)

Restoration of lease premises upon abandonment.

The owner or operator of any oil and gas lease, upon abandonment of any well, shall within ninety (90) days from the date of such well abandonment remove all concrete pumping unit foundations; unburied flow lines; and all machinery, equipment and tanks or other apparatus used in connection with the production of oil and gas or the operation of such lease. Additionally, belowground flow lines shall be flushed with fresh water. This requirement also shall apply to temporary abandonments.

The operator shall remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants, and other property of the city, occasioned in any manner by the operator in the abandonment of said well.

The operator will clear the premises of all litter, trash, waste, and other substances used, allowed, or occurring in the abandonment operations and shall after abandonment, grade, level, and restore said property to the reasonably same surface condition, as nearly as practicable, as existing when operations for the drilling of the well were first commenced, or as otherwise directed by the chief building inspector.

(dd)

Safety measures.

The following safety measure shall apply to development of any well for oil and gas.

(ee)

Well identification.

All well locations shall bear a sign with a local emergency telephone number, which shall also be current and filed at the fire department. The sign shall also include the name of the current operator of the lease or well and the lease name. Any storage tanks, tank batteries and related appurtenances not enclosed by the same fence as the well site, must also contain a separate sign with the above-mentioned information. All buried flow lines shall have identification signs. The City of Kilgore Fire Marshal or his designee shall have the authority to enforce this section of this division.

(ff)

Watchman.

From the start of the erection of a derrick, mast, or gin-pole until the well is abandoned and plugged or completed as a producer and enclosed with a fence, as provided in this chapter, the permittee shall keep a watchman on duty on the premises at all times. It shall not be necessary to keep an extra watchman on duty on the premises when other workmen of permittee are on the premises.

(gg)

Equipment in streets.

No person engaged in developing any well for oil and gas or operating a well for oil or gas shall permit or allow any surface equipment or property to extend into the streets, alleys, or rights-of-way of the city so that it will, in reason, interfere with the regular flow of traffic.

When excessive trucking is required, the City of Kilgore Chief of Police shall be notified.

(hh)

Excavations, lines across streets.

No person shall make any excavation or construct any line for the conveyance of fuel, water, or minerals, on, under, and through the streets without the express permission of the city, in writing, and then only in strict compliance with the ordinances of the city.

(ii)

Escaping gas.

No person engaged in developing any well for oil and gas and operation of an oil or gas well within the city shall permit unburned gas to escape into the air or maintain a flare for the burning of such gas at a lesser distance than forty (40) feet above the surface of the ground. Said flare shall be permitted only for one (1) forty-five (45) consecutive calendar day period.

Any such flare or vent line shall be equipped with an automatic leak detection system connected to a site alarm, an automatic shutdown device, a flame arrester, an automatic flare lighter, flare stream fluid removal equipment, and a vapor recovery unit.

(jj)

Storage tanks.

Any storage tank shall be in compliance with the NPFA-30 (Tank Storage) although no storage tank may be constructed within fifty (50) feet of any building or street.

(kk)

Fire-extinguishing equipment.

It shall be unlawful to develop any well for oil and gas or to operate a well for oil or gas without, at all times, keeping on the premises and maintaining fire extinguishers of a type suitable for the fighting of oil and gas fires. Such equipment shall meet with the approval of the fire chief and/or fire marshal of the city.

(ll)

Escape, etc., of surface oil.

It shall be unlawful for any person developing any well for oil and gas operating, drilling, cleaning, repairing, or equipping any oil well within the city to allow the escape, spilling, overflow, or accumulation, in any manner whatsoever, of any surplus of surface oil in any amount. Wells being swabbed or unloaded to the atmosphere shall be unloaded through a vessel capable of holding the fluids.

(mm)

Spilling, etc., of crude oil by railway loaders.

It shall be unlawful for any person engaged in the operation of a railway loading rack through which crude oil or petroleum products are transferred from a pipeline, tank, or other receptacle to railway cars, trucks, or other receptacles, or any person making use of such loading rack facilities, to allow the spilling, overflow, leakage, or accumulation of any crude oil or other flammable/inflammable petroleum products in or about any part of such loading rack equipment or about the premises thereof, in such any amount,.

(nn)

Accumulations near tank.

It shall be unlawful for any person to allow the accumulation, leakage, or deposit, in any manner whatsoever, of crude oil or other flammable/inflammable petroleum products in or about any lease tank, storage tank, fire wall, or other place used in the storage or transportation of oil, in such any amount.

(oo)

Drainage into ditches.

It shall be unlawful for any person owning or operating any oil well, oil lease, oil tank, or storage facility, oil loading rack, or other facility used in the production, storage, transportation, sale or shipment of crude oil or petroleum products to allow crude oil, fuel oil, salt water, or other flammable/inflammable products to drain out of or pass through any open surface ditch, trough, or other exposed surface conduit.

(pp)

Continuing use when hazardous.

It shall be unlawful for any person owning or operating any oil well, oil lease, oil tank, or storage facility or loading rack facility, to maintain, use, or continue to use or operate, in any manner whatsoever, such oil well, oil lease, oil tank, or storage facility or loading rack facility, in, on, or about which there may be an accumulation or deposit of surface oil or any other flammable/inflammable petroleum products in any amount.

(qq)

Definition of "fire hazard"; inspection; abatement.

(i)

If any oil well, oil tank, or storage facility, oil loading rack, or other facility mentioned in this chapter is located within four hundred (400) feet of any building or within such distance of a producing oil well, the accumulation, spillage, leakage, or deposit of any amount of crude oil or other flammable petroleum products shall be deemed the creation and maintenance of a "fire hazard" as referred to in this section.

(ii)

The fire chief, fire marshal, or any other authorized officer of the city, shall be authorized to enter upon the premises of any person drilling or operating an oil well within the city, or maintaining or using any oil tank, pipeline, loading rack, or other facility named in this section through to make a thorough inspection of such premises and property with reference to the accumulation or deposit of crude oil or flammable/inflammable petroleum products, and the fire chief, the fire marshal, or his authorized officer or representative shall be directed and instructed to make such inspection at reasonable times for such purpose. If the fire chief, fire marshal, or his authorized representative finds an accumulation or deposit of crude oil or flammable/inflammable petroleum or other facility mentioned in this chapter in such an amount as to create a fire hazard as defined in subsection (qq)(i), he shall notify the person so owning, maintaining, or in any manner using such facilities to thoroughly remove the surplus accumulation or deposit of crude oil or flammable/inflammable petroleum products within three (3) days after such inspection. For the purpose of this section, it shall be sufficient for the fire chief, fire marshal, or his authorized representative to give such notice to any person employed or working on or about the affected well, lease, storage tank, pipeline, loading racks, or other facility, or the person in charge of or supervising the same at the time such inspection is made.

(rr)

Derrick - quality.

The derrick used shall be API recommended standards for the depth to be drilled. A derrick of standard quality and/or proportion shall be used. Industry and OSHA standards shall be adhered to in the use of any such derrick.

(ss)

Derrick and rig.

(i)

It shall be unlawful for any person to operate or permit to be operated in connection with the development of any well for oil and gas, completing, equipping, operating, producing, maintaining, or abandoning of a well, any engine, compressor, or motor-driven machinery of any type which creates a sound level greater than seventy-five (75) dB when measured at a distance of four hundred (400) feet from the engine.

Sound level measurement shall be made with a sound level meter conforming as a minimum to the requirement of American National Standards Institute S1.4-1971 Type 2 or its successor publication and be set to an A-weighted response. However, the restriction of maximum sound level shall not apply to fracturing operations in connection with a well when such operations are conducted during the hours of 7:00 a.m. and 7:00 p.m.

(ii)

No drilling rig or derrick except a regulation production pumping unit shall be permitted to stand or remain on the premises of any well for a period longer than thirty (30) days after the completion of the well in connection with which the rig is used. Upon written notice by the permittee to the city clerk, the permittee may present good cause as to why a production unit could not be removed within thirty (30) days of completion of the well. The city council at its next regularly scheduled meeting shall consider such request and may grant thirty (30) days extension.

(iii)

No timbers, planks or other wooden objects shall be allowed to remain on or in a derrick, except for such time as such wooden objects are actually in use for working on a well or derrick, for a continuous period of time; and on the cessation of the use of such wooden objects for any period of time, they shall be immediately removed. The owner and operator of any oil well shall be responsible for seeing that this section is strictly complied with, and the persons who actually place such objects on or in a derrick, as well as their employers, shall likewise be equally responsible for seeing that this section is strictly complied with.

(tt)

Casing generally.

(i)

All casing, including surface protection and production strings, shall be either seamless steel or equivalent quality oil well casing. Each production string of casing must comply with at least the minimum internal pressure yield strength, computed in accordance with API specifications for casing and tubing #5C-T. Each joint and length of each particular production casing string shall, prior to setting, unconditionally pass a hydrostatic pressure test to API specifications.

(ii)

Oil shall be prevented from being sprayed around such derrick and the premises, and from being blown through the air from such well into such premises and any adjoining property by use of safety valves, blow-out preventers, or oil savers.

(uu)

Casing; setting and cementing surface casing.

It shall be unlawful to drill a well for oil or gas without:

(i)

Setting and cementing a string of casing to a depth from the surface of the earth as specified by the Texas Water Commission, or any other state or federal agency, provided any cementing process approved by the Texas Railroad Commission may be used.

(ii)

Notifying the fire chief and/or fire marshal of the reaching of these depths and giving him an opportunity to inspect such activity and to determine that a proper amount of casing is set out and cemented.

(vv)

Casing and tubing.

All oil and gas wells hereafter drilled, upon completion, shall be equipped with an adequate wellhead to be maintained with proper fittings and valves as permanent equipment upon such well, which shall remain during the life and operation of the well.

(ww)

Blow-out preventor (B.O.P.).

No well shall be developed for oil and gas within the city limits without proper equipment on surface casing with a B.O.P. with one (1) blind ram and one (1) pipe ram with one (1) hydrill bag preventer on top of B.O.P. stack with minimum test pressure of six thousand (6,000) pounds and minimum working pressure of three thousand (3,000) pounds. If any such well is drilled to the Cotton Valley or Smackover, then B.O.P. equipment shall be of minimum test pressure of ten thousand (10,000) pounds and have a working pressure of five thousand (5,000) pounds with one (1) hydrill bag preventer on top of the B.O.P. stack.

A blow-out preventer (B.O.P.) shall either be hydraulic or manually operated. When a hydraulic operated blow-out preventer is used, it also must be capable of being operated manually. The B.O.P. shall be tested at least once in every twenty-four-hour period, and all control equipment shall be in good working condition and order at all times. The fire chief and/or the fire marshal shall periodically witness such test of the blow-out preventer stack.

(xx)

Tubing.

All tubing used in any well within the city limits shall be steel tubing and meet API standards and specifications for such depth as required for the well.

(yy)

Drilling fluid.

No well shall be developed for oil and gas within the city limits without using mud as the drilling fluid after the setting of surface casing as provided in this section. Prior to the time the well reaches a total depth of five thousand (5,000) feet or the depth of the first known or encountered oil or gas bearing horizon, whichever is the lesser depth, the weight of the mud-laden drilling fluid shall be at all times maintained at not less than nine (9) pounds per gallon.

After the well reaches a total depth of five thousand (5,000) feet or the depth of the first known or encountered oil or gas bearing horizon, whichever is the lesser depth, the weight of the mud-laden drilling fluid shall be at all times maintained at such weight as will provide an adequate hydrostatic head needed to control any formation pressure anticipated to be penetrated by the well bore. In reworking a well, a drilling fluid shall be at all times maintained at such weight as will provide hydrostatic head equal to formation pressure.

(zz)

Drill stem tests.

It shall be unlawful for any person connected with the development of any well for oil and gas or reworking operations of any well within the city limits to take and to complete any drill stem test or tests except during the daylight hours and then only if the well effluent during the test is produced through an adequate oil and gas separator to storage tanks for oil (or flared over the reserve tank for gas), and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe.

(aaa)

Bradenheads.

Any well developed for oil or gas within the city limits shall be equipped with a bradenhead with a working pressure of not less than three thousand (3,000) pounds per square inch. The bradenhead installed on the surface casing shall be equipped with a fitting having a working pressure rating of not less than three thousand (3,000) pounds per square inch. The bradenhead pressure shall be checked at least once each calendar month and, if pressure is found to exist, proper remedial measures shall be taken immediately to eliminate the source and the existence of the pressure.

(bbb)

Christmas tree and wellhead connections.

A pumping well tree shall include the installation of blind rams below the pumping tee and a stuffing box that can be repacked under pressure. The pumping unit shall have a flow line high pressure shutdown device and a stuffing box leak detection and shutdown.

The wellhead shall include the equipment used to maintain surface control of a well including the casing head, tubing head, and the Christmas tree pertaining to the wellhead.

The Christmas tree shall include two (2) master valves and one (1) wing valve, control valves, pressure gauges and the choke assembly at the top of a well to control the flow of oil and gas after the well has been drilled and completed.

All Christmas trees, valves, and vessels shall be of new construction or tested. The Christmas tree and all wellhead connections on each well drilled within the city limits shall follow API standards and specifications for a given depth.

All piping and fittings connecting the wellhead to an oil/gas separator shall have at least the same minimum working pressure and minimum test pressure as hereinabove specified for Christmas trees and wellhead connections. In the event the surface shut-in pressure of any well in the city limits exceeds two hundred (200) pounds per square inch, the flow wing of the Christmas tree shall be equipped with a fail-safe high-low safety valve in addition to wing valve. The safety valve shall be maintained in accordance with manufacturer's specifications.

(ccc)

Application of requirements before pulling tubing.

If any person desires to pull or remove the tubing now in place in any present producing well within the city, before doing so such person shall give notice to the fire chief or fire marshal of such intention, in which event subsections (vv), (ww), and (xx) shall apply to all present wells from and after the time the tubing may be pulled or removed therefrom. When such tubing is pulled, the operator shall install a dual blow-out preventer on the wellhead as provided in subsections (vv), (ww), and (xx) and such rods and tubes shall be pulled through an adequate blow-out preventer of standard manufacture. The operator shall use a customary approved method of preventing the oil from flowing through the tubing in the withdrawal or installation of the same.

(ddd)

Servicing of pumping wells.

All pumping wells shall be equipped with a removable standing valve or tubing bleeder in order than that the oil contained in the tubing above the standing valve can drain back into the hole rather than be brought to the surface. All rods shall be pulled through a rod stripper with new rubbers in order that the flow of oil through the tubing and around the rods may be restricted and prevented from spilling, overflowing, or escaping and thus forming a fire hazard.

Such rod stripper shall be in the nature of a blow-out preventer for the rods on such equipment of standard manufacture as will prevent oil from flowing between the rods and the tubing and maintaining control of the well at all times.

All reasonable and practicable efforts should be made to avoid pulling a wet tubing string (one containing well fluids), including, but not limited to, perforating tubing for drainage. If a tubing string must be pulled wet, then the fire department shall be notified so that equipment necessary to prevent spillage or fire hazards can be provided at the well location.

(eee)

Fencing.

(i)

All wells, tanks, or tank batteries located within the city shall be enclosed in a heavy steel fence of chain-link construction and of standard manufacture. Such fence shall be a six (6) feet industrial chainlink with three (3) strands of barbed wire for an overall height of seven (7) feet.

The corner metal posts used for such fence shall have an inside dimension of two and one-half (2-1/2) inches and the metal posts used as line posts shall have a two-inch inside dimension, and the gate frames for such fence shall have a one-inch inside dimension. Where desired, a good grade line pipe may be used for such posts; provided, such pipe shall be finished with at least one (1) undercoat of rust preventive primer and at least one (1) outer coat of aluminum paint, to be applied at the time of construction. Each fence shall be constructed with a tubular, galvanized iron railing, having a one-inch inside dimension, which shall be attached with the posts and shall be two (2) inches below the exposed upper edges of the posts.

(ii)

The galvanized fencing material used in such fence shall be of two-inch mesh and shall be constructed of not less than eleven-gauge wire.

(iii)

Such fence shall be completed with a gate of the same design and manufacture, which gate shall be kept locked with a substantial locking device except where access is made under the direction and authority of the owner.

All pumping wells drilled and completed in the future, tank, or tank battery, within the city shall likewise be enclosed with a fence as above specified. This provision shall also apply to any equipment in operation at or in connection with any pumping well or any tank battery within the city where such pumping equipment or tanks are not actually located at the well.

(iv)

At the time the zoning special use permit is considered by the planning and zoning board and/or the city council, varying and/or different fencing requirements may be stipulated as a special condition to the special use permit to conform to existing deed restrictions or to allow materials requested by the residents within two hundred (200) feet of the drill site tract. Regardless of the type of fencing, the minimum height shall be six (6) feet with three (3) strands of barbed wire for an overall height of seven (7) feet.

(v)

The fence around the location shall be maintained in good repair and shall be kept free of weeds, trees and vines.

(vi)

The City of Kilgore Fire Marshal or his designee shall have authority to enforce this section of this division.

(fff)

Disposal of salt water and frac fluid.

(i)

Adequate provision of disposal.

Any person drilling or operating an oil or gas well shall make adequate provision for the disposal of salt water, frac fluid or other impurities which may be brought to the surface of the earth in such manner as not to contaminate the water supply of the city or destroy vegetation.

(ii)

Escape prohibited.

It shall be unlawful for any person to store salt water or frac fluid in or allow salt water or frac fluid to flow or escape into any earthen pit within the city, and it shall be unlawful to dig or cause any such pits for such purposes. It shall also be unlawful to allow any salt water or frac fluid to flow or escape onto the surface or under the ground within the city.

(iii)

Injection wells prohibited.

It shall be unlawful for any person to dig, bore, drill, or cause to be dug, bored, or drilled, any well within the city for the purpose of using such well as a salt water injection well or pumping salt water or frac fluid into the same, and no well within the city shall be used as a salt water injection well, nor shall salt water be pumped into such well or allowed to flow or escape into the well.

(iv)

Disposal outside city.

Any person drilling or operating any well for the production of oil or gas shall make adequate provision for the disposal of salt water, frac fluid or other impurities produced from such well, which disposal shall be outside the city at a Texas Railroad Commission approved site.

(ggg)

Slush, mud, etc., not to escape.

(i)

It shall be unlawful for any person to permit to escape within the city any mud, water, waste oil, slush, or other waste matter from any reserve pit, storage tank, or oil well located within the city, or from any premises within the city developed or being developed for oil or gas purposes, into the alleys, streets, gutters, or sewers of the city, or onto adjoining lots, lands, or leases within the city.

(ii)

Steel or lined, earthen reserve or drilling mud pits shall be permitted in connection with drilling operations. Pits may not exceed a total capacity of one thousand (1,000) barrels per drill site.

At the time an application for an oil/gas drilling permit is made, the operator shall state the use of steel and/or lined, earthen pits, and include any request for additional site pit capacity not to exceed two thousand (2,000) barrels. Prior to the city council issuance of a drilling permit, the fire marshal shall make a visual site assessment and give a written recommendation on the operator's request to the city council on the use of the type and capacity of pit(s) to be used.

A steel pit and its contents shall be removed from the premises and drilling site within thirty (30) days after the completion of the well. Lined, earthen pits shall be emptied of contents, filled, and leveled within thirty (30) days, unless pits are fenced as described in subsection (eee), or an extension is requested of, and granted by, the city council.

(iii)

In removing such reserve or drilling mud pits, it shall be unlawful to permit the contents thereof to escape onto adjacent lands, lots, or property or into the streets, alleys, gutters, or sewers in the city. The premises shall be cleaned and restored to a smooth even state.

(hhh)

Petroleum tanks.

(i)

Maximum capacity of single tanks.

It shall be unlawful for any person to construct, build, maintain, or operate, or cause to be constructed, built, maintained, or operated, within the city, any tank or receptacle of steel or any other material having a capacity of more than one thousand (1,000) barrels. Such prohibition shall include, and is intended to include, all tanks or receptacles used for the collection, storing or distribution of oil having a capacity of more than one thousand (1,000) barrels. Gasoline must be stored according to the City of Kilgore Fire Code.

(ii)

Maximum capacity of battery of tanks.

It shall be unlawful for any person to construct, build, or maintain any battery of tanks within the city where such battery or collection of tanks shall exceed a total capacity of one thousand five hundred (1,500) barrels, or such tanks shall be constructed or built in close proximity of each other, or in such a manner and location as to constitute an unusual fire hazard.

(iii)

Permit to construct; safety measures; inspection.

(A)

Before any tank, as defined in this chapter, for the collection, storage or distribution of oil or its products shall be built, constructed, moved, or replaced within the city, an application shall be made to the fire chief or fire marshal for a permit to allow the construction, moving, or replacing of such tank, and there shall be deposited with such application the sum as provided in appendix B to this code as a permit fee for each tank. Upon such application being made to the city, the fire chief or fire marshal shall make an inspection of the premises and location at which such tanks are desired to be constructed by such applicant, and the applicant shall furnish with such application a diagram showing the proposed location of the tanks, giving the capacity of them and the specifications to be constructed, and also showing the approximate distance of such tank locations from all adjacent wells, houses, barns, or other structures.

(B)

Any tank hereafter constructed within the city, whether it is a replacement or otherwise, shall be a welded tank with vent stack valves and with flame arresters, pressure vacuum vent valves with flame arresters, and pressure vacuum thief covers, and all tanks shall be grounded. The operators and their authorized agents shall be responsible for keeping the thief hatch covers closed. No tank battery shall have over one thousand five hundred (1,500) barrels of storage, and no tank shall be built closer than one hundred (100) feet to any other structure, nor closer than fifty (50) feet to any property or street right-of-way line.

A steel conventional separator and such other steel tanks and appurtenances as are necessary for treating oil, with each of such facilities to be vapor-tight, may be constructed and operated. Each oil/gas separator shall be equipped with a regulation pressure relief safety valve. A heater treater may not be placed closer than one hundred fifty (150) feet to any tank, nor closer than fifty (50) feet to any property or street right-of-way line.

(C)

After the application required in subsection (hhh)(iii)(A) of this subsection shall have been made and the plat or diagram furnished, the fire chief or fire marshal or his authorized representative shall make an inspection of such premises and proposed location and after such inspection shall make a report either approving or disapproving the construction of such tanks at the location proposed, as well as the type of tanks proposed to be erected. If such application should be approved, a permit for the construction of such tanks shall be issued, but if such application should not be approved by the fire chief or fire marshal, or his authorized representative, a report in writing setting objections, if any, to the construction of such tanks at the location proposed in such application, shall be made a part of the fire department's records.

(D)

If such application should be refused, the opinion and judgment of the fire chief or fire marshal shall be final and conclusive; provided, however, any applicant whose application may be refused may appeal to the city council at any regular meeting thereof.

(iv)

Fire walls.

Any person receiving a permit provided for in this section shall be required to construct a fire wall around each tank battery erected within the city, which fire wall shall be constructed to such a height as may be necessary to hold and restrain one hundred fifty (150) percent of the fluid capacity of the tanks enclosed by such fire wall if such oil or oil products should escape from such tanks and so as to prevent the oil and/or oil products from escaping to and spreading upon any adjacent land or property.

The fire wall shall be constructed of earth or metal. If a metal fire wall is used it shall:

(A)

Be of a factory-manufactured galvanized, corrugated steel of not less than 10 gauge;

(B)

Have the base of the steel imbedded in the ground not less than five (5) inches;

(C)

Have support posts equivalent to three-inch Schedule 40 steel pipe, ASTM A 53 Type F, have a section modulus of not less than 1.72 and be sufficiently anchored in concrete; and

(D)

Have seam sealant on all seamed surfaces between all bolts for the full height of all overlapping sheets.

Round metal fire walls shall have support posts at each seam. Square metal fire walls shall have support posts on each side of the corner seam. There also will be a support post midpoint between the two (2) seams. Oblong metal fire walls shall have a support post at each seam. There also will be a support post midpoint between each seam.

(iii)

State law relating to fire walls, etc.

Any violation of the laws of the state in reference to fire walls, fire protection and locations shall be a violation of this chapter.

(jjj)

Administration.

The following shall apply to administration of oil and gas wells and developing any well for oil and gas.

(kkk)

Appeals to city council from findings of officials.

In every instance under this chapter where discretion is vested in any individual official or officer of the city to determine the compliance or noncompliance with the provisions of this chapter by the person drilling or operating for oil or gas, such person shall, in the case of an adverse finding, on the part of such official or officer with regard to such fact of the compliance or noncompliance with the provisions in this chapter, have the right, whether or not such express right is elsewhere given, of appeal to the city council and such appeal shall be heard at the next regular meeting, or at a special or called meeting of the city council, whose determination thereon shall be final.

(lll)

Effect on health ordinances.

This chapter shall not be construed as repealing, altering or otherwise affecting the validity and binding force of any ordinance pertaining to fire protection, health or sanitation, heretofore or hereafter passed by the city.

(mmm)

Violation of state law or rules, regulations, etc., of state or federal regulatory body.

Any violation of the standards of the industry, including, but not limited to, API and OSHA; the laws of the state; or any rules, regulations, or requirements of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well or related appurtenances, equipment, or facilities, or in reference to fire walls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall also be a violation of this chapter and punishable as such.

(Ordinance 1914 adopted 5/27/2025)

Sec. 18 Outdoor Storage and Display.

(a)

Any land use listed in Article II. Division 2, District Specific Standards, Section 5, Allowed Uses by Districts that involves outdoor storage and or display either as principal use or accessory use shall comply with these standards whether or not a permit is required.

(b)

Outdoor storage or outdoor display that is legally in effect at the time of adoption of these standards shall be considered legally nonconforming.

(c)

The outdoor storage of any materials, products, or supplies used or designed for commercial or industrial use is hereby expressly prohibited in any residential district; however, that provisions of this subsection shall not apply to the storage of building material on a lot or parcel of land during construction.

(d)

There should be no outdoor display or outdoor storage outside of an enclosed building unless the use complies with the following provisions and limitations, except as may otherwise be permitted by this ordinance.

(e)

Fire lanes and/or maneuvering isles shall be kept clear for vehicular and pedestrian maneuvering.

(f)

Outdoor storage and display may take place where designated off-street parking spaces are located as long as the minimum amount of required off-street parking is maintained on the property.

(g)

Any outdoor storage that is adjacent to a residential district shall be in compliance with the screening standards as outlined in Article III, Division 4, Screening (Fences and Walls).

(h)

All outdoor storage shall be made of a material that is resistant to damage or deterioration from exposure to the outside environment.

(i)

Outdoor display and storage must be set back a minimum of ten feet from the outside curb or edge of pavement of a public street for visibility purposes. In no event shall any items be placed within the street right-of-way.

(j)

Outdoor storage and display shall be on an improved surface such as concrete, asphalt, concrete pavers, or crushed rock that is dust free and shall meet the standards for Pavement Design in the Kilgore Engineering Design Manual (EDM); however, in the event that items for display are placed outside of the building and removed after normal business hours, items may be placed on a non-improved surface.

(k)

Outdoor storage and display must be stored in an organized manner, at least 6 inches off the ground with walkways or means of foot travel provided and may not be conducted in the front yard setback of the principal building.

(l)

Exceptions to this section include:

(i)

An operable motor vehicle with valid state registration parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city, except if the vehicle is a truck tractor, truck, bus, or recreational vehicle that has a rated capacity in excess of one and one-half tons according to the manufacturer's classification or if the vehicle is over 32 feet in length;

(ii)

A boat, trailer or recreational vehicle parked on a surface that meets the standards for parking surfaces contained in the off-street parking restrictions of the city and the item cannot reasonably be placed in an area behind the front yard;

(iii)

Landscaping or an ornamental structure, including, but not limited to, a birdbath, plant container or statuette, placed in the front yard or on the front porch for landscaping purposes;

(iv)

Lawn furniture made of a material that is resistant to damage or deterioration from exposure to the outside environment;

(v)

Items located on a front porch and not visible from the street; or

(vi)

A vehicle displaying a registration insignia or identification card issued by the state to a permanently or temporarily disabled person.

(Ordinance 1914 adopted 5/27/2025)

Sec. 19 Propane Sales and Distribution.

In addition to the requirements applicable within the districts where such uses are permitted, or any requirements of a specific use permit granted within the City of Kilgore corporate limits, a fire safety analysis report prepared by a licensed engineer shall be submitted with an application for a specific use permit for propane sales and distribution.

(Ordinance 1914 adopted 5/27/2025)

Sec. 20 Recreational Vehicle (RV) or Trailer Park.

(a)

Recreational vehicles may be used for temporary living quarters in a properly zoned and approved recreational vehicle park subject to the following conditions:

(i)

No recreational vehicle may remain on a lot in a recreational vehicle park in excess of 15 days in any three month period.

(ii)

The owner, operator, and manager of the recreational vehicle park shall maintain a written record showing the date that each recreational vehicle is placed in the park, a description and license number of the recreational vehicle, the name of the occupant and, upon departure, the date the recreational vehicle is removed from the park. Entries shall be made in this book promptly upon arrival of the recreational vehicle and these records shall be open to inspection by City Manager during normal business hours.

(iii)

Every recreational vehicle park shall be equipped with sewage pumping and storage facilities approved, inspected, and permitted by the city. Additionally, temporary electrical and water hook-ups meeting the building and plumbing codes of the city must be provided for each lot or space reserved for use by recreational vehicles.

(iv)

A recreational vehicle park shall not be located in a floodplain or floodway as designated on the city's flood insurance rate map.

(Ordinance 1914 adopted 5/27/2025)

Sec. 21 Personal Property Sales in Residential Districts (Yard Sales).

(a)

Unless the vehicle is owned by the occupants on the premises, it shall be unlawful for any person to display or allow to be displayed for sale or lease on any lot any motor vehicle, boat or vessel subject to registration under V.T.C.A., Parks and Wildlife Code, Development Code 31, or camper shell designed for use on a motor vehicle.

(b)

No more than two motor vehicles, boats, or other similar vessels subject to registration under V.T.C.A., Parks and Wildlife Code, Development Code 31, camper shells, tractors, plows, mowing equipment, or other implements of farming, or combination [of] these items, shall be displayed for sale on a lot at any one time on a residential parcel including parcels in the MHP Zoning District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 22 Roadside (Produce) Stand.

(a)

Stands shall be placed outside of public right-of-way in clear visibility areas.

(b)

Stands may be placed within the front yard and within the front setback, subject to any other applicable requirements of the zoning district in which its located.

(Ordinance 1914 adopted 5/27/2025)

Sec. 23 Satellite Transmission Antenna.

(a)

This section establishes the general standards for the siting of satellite antennas greater than 3.28 feet in diameter. Where authorized as a special use permit or a special exception, the following additional standards of approval shall be considered:

(i)

Consider the public health and safety of satellite antenna facilities.

(ii)

Protect residential areas and land uses from potential adverse impacts of satellite antennas.

(iii)

Encourage users of satellite antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(iv)

Configure satellite transmission antennas in a way that minimizes the adverse visual impact of the facilities through careful design, siting, landscape screening, and innovative camouflaging techniques.

(v)

Avoid potential damage to adjacent properties from satellite antenna failure through engineering and careful siting of facilities.

(b)

Governmental satellite antennas shall be allowed as an accessory use in all zoning districts regardless of the size of the antenna.

(c)

Satellite antennas (whether receive-only or transmission) that exceed 3.28 feet in diameter in a residential zoning district or 6.56 feet in diameter in a non-residential zoning district, shall be subject to the following conditions:

(i)

A satellite antenna may be placed on the roof of a residential structure provided it is not placed on the side of the roof that faces a public street unless this would cause an unreasonable increase in the cost of installing, maintaining, or using the antenna or would prevent reception of an acceptable quality signal. A satellite antenna may be placed on the roof of a nonresidential structure if screened from public view from line of sight at ground level from the property line.

(ii)

The satellite antenna shall not be permitted to be installed on the ground in front or side yards. The satellite antenna shall be permitted in the rear yard provided it meets the minimum setback as is required for accessory buildings in residential districts and for all buildings in nonresidential districts.

(iii)

Satellite antennas shall not be permitted in easements.

(iv)

No part of an antenna, or any attachment, may extend beyond the owner's property lines.

(v)

No auxiliary or outdoor lighting shall be allowed on the satellite antenna except such lights or lighting as may be required by the Federal Aviation Administration or the Federal Communications Commission.

(Ordinance 1914 adopted 5/27/2025)

Sec. 24 Short-Term Rentals.

(a)

A short-term rental use shall be rented for periods of less than 30 consecutive days.

(b)

A short-term rental in a residential structure may not include the rental of less than an entire dwelling unit.

(c)

An owner or operator of a short-term rental use must obtain a certificate of business occupancy before a property may be used as a short-term rental.

(d)

An owner or operator must include the applicable occupancy limit for the short-term rental when advertising or promoting a short-term rental.

(e)

An owner or operator may not advertise or promote or allow another to advertise or promote a short-term rental in violation of the City Code or state law.

(f)

A guest of a short-term rental may not use or allow the use of sound equipment that produces sound in excess of 75 decibels at the property line between 10:00 a.m. and 10:00 p.m.

(g)

A guest of a short-term rental may not use or allow use of sound equipment that produces sound audible beyond the property line between 10:00 p.m. and 10:00 a.m.

(h)

A guest of a short-term rental shall not make or allow another to make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m.

(Ordinance 1914 adopted 5/27/2025)

Sec. 25 Solar Energy Equipment.

(a)

Freestanding solar collectors are accessory use structures and shall be subject to the requirements for such, together with all other applicable building codes and ordinances, including height limits.

(b)

A structurally attached solar collector is attached to an existing structure's roof or wall or serving as a structure's roof, wall, window, or other structural member.

(i)

Structurally attached solar collectors installed on a building with a sloped roof shall not project vertically above the peak of the roof.

(ii)

Structurally attached solar collectors installed on a building with a flat roof shall not project vertically more than five feet above the roof.

(iii)

Roof-mounted or structurally attached solar energy systems shall comply with the maximum height requirements in the applicable zoning district.

(c)

A building permit, electrical permit, or any other permit related to work required to install solar energy equipment shall be obtained prior to installation of any solar energy equipment.

(Ordinance 1914 adopted 5/27/2025)

Sec. 26 Temporary Uses and Structures.

(a)

Temporary construction office.

The location of a temporary office may be permitted on a site for which a building permit has been issued. Such office permit may be issued for no more than one year, but may be extended if the builder maintains active and continuous construction on the site.

(b)

Temporary sales office.

A residential real estate sales office, located on a platted lot, may be permitted within a subdivision for which building permits have been issued and may be located either in a model home, in a temporary building, or in a portable trailer. Each permit shall specify the location of the office and area and shall be valid for a period of ten years to be renewed yearly based on the number of building permits issued.

(c)

Temporary batch plant.

A temporary concrete or asphalt batch plant maybe permitted for use by a contractor for the period of active and continuous construction requiring concrete or asphalt. A batch plant shall be located at least 500 feet from any occupied residential lot, and shall not be used for construction at any other location than the project for which it is permitted. An application shall include a copy of the approved State permit for such operation.

(d)

Application for temporary permit.

Any person desiring such temporary permit must first submit an application for a permit to the City Manager setting forth the following information:

(i)

Date of the application;

(ii)

Name of applicant;

(iii)

Address of applicant;

(iv)

Proposed site of the temporary location of the temporary structure;

(v)

Type of temporary structure desired to be located on the property, including any Department of Housing and Urban Development decals or identification numbers;

(vi)

A statement that the temporary structure meets all state and manufacturers' guidelines;

(vii)

A statement from the city building inspector and the city fire marshal that they have inspected the temporary structure and, except for the variance granted herein, the temporary structure otherwise conforms to the city's fire and other safety codes;

(viii)

The application shall be accompanied by a nonrefundable application fee as provided in appendix B of Kilgore Code of Ordinances.

(e)

Authority.

The City Manager shall have full power and authority for the granting or refusing of a temporary permit.

(f)

Terms and conditions.

If the City Manager grants the temporary permit, the permit will be issued upon the following terms and conditions.

(i)

The temporary structure must meet all state and manufacturers' specifications during the period permitted.

(ii)

The temporary structure shall have no permanent foundation.

(iii)

The temporary structure shall be limited to office use or residential use during the period of construction.

(iv)

If equipped with restroom and/or kitchen facilities, the temporary structure must be connected to the city or other approved water and wastewater disposal system.

(v)

The temporary structure must be served by separate temporary electrical service, not extended service from an existing structure. The temporary electrical service shall be disconnected when the new building, expansion, or remodeling is completed.

(vi)

The applicant shall execute a contract with the city that shall set forth the terms of the temporary permit and shall give the city the authority to disconnect the temporary structure from electrical, water, or sewage connections when construction is complete, or if at any time the terms of this Code or the agreement have been violated, or the applicant fails to promptly pay any and all ad valorem taxes owed to the city or comply with fire and other safety codes.

(vii)

A temporary permit may only be granted for a period of one year. An additional temporary permit may be granted by the City Manager after payment of an additional nonrefundable application fee as provided in appendix B in the Code of Ordinances per application/request.

(viii)

During the one year period of the temporary permit, the applicant will file for a building permit for the permanent structure. The temporary permit will be conditional and subject to revocation at any time during the one year period until the building permit is issued.

(Ordinance 1914 adopted 5/27/2025)

Sec. 27 Transitional Housing.

(a)

In addition to the requirements applicable within the districts where such uses are permitted, or those required through a Specific Use Permit granted within the City of Kilgore corporate limits, the following additional requirements and regulations apply:

(i)

Such facilities shall be limited to only housing for unhoused people, for the period of not less than three months or more than two years and shall not involve treatment and/or rehabilitation for alcohol, drugs or other substance abuse.

(ii)

Dimensional requirements.

(A)

Maximum density: 26 units/acre.

(B)

Minimum lot area: 10,000 sq. ft.

(C)

Minimum lot width: 100 ft.

(D)

Minimum living area (per unit): 500 sq. ft.

(E)

Minimum yard setback: All buildings and structures, excluding fences, shall be setback a minimum distance of 25 feet from any residential district boundary. All other setbacks shall comply with the requirements of the district in which the use is located or as required in the Specific Use Permit ordinance.

(iii)

The site shall be oriented on/towards a major collector street.

(iv)

The site shall be screened from adjacent properties and rights-of-way except for entrance/exit from the site by a minimum a six-foot solid fence, masonry wall, or evergreen hedge.

(Ordinance 1914 adopted 5/27/2025)

Sec. 28 Vehicle Sales and Rental.

(a)

All outdoor items shall be displayed outside of the setbacks applicable to principal buildings.

(b)

Vehicle sales lots may include minor repair and maintenance if conducted completely within an enclosed building.

(c)

Major vehicle repair and collision services are only allowed if permitted within the applicable zoning district.

(d)

Outdoor display shall consist only of operational vehicles with current inspection stickers; with hoods, trunks, and doors closed when not open for inspection; and with tires properly inflated. The appearance of the lot shall be orderly.

(e)

Barriers shall be provided on all vehicular sales lots to retain vehicles completely within the property and prohibit ingress and egress except at approved drive approaches.

(f)

Outdoor display areas shall be arranged in an orderly manner with items generally parallel to each other.

(g)

Construction of fences shall be in accordance with Article III, Division 4, Screening (Fences and Walls).

(h)

The storage/display area must be designated and approved on the site plan.

(i)

Paving is required for all parking, display, and storage areas in accordance with city standards, except that paving shall not be required for the display of residential buildings, e.g. mobile or modular homes, if the following conditions are met:

(i)

Units are anchored according to the manufacturer's specifications required for occupancy.

(ii)

The space between the ground and the floor level is completely enclosed, (i.e., skirted).

(iii)

Access sidewalks are provided; and

(iv)

Unpaved areas are landscaped and regularly maintained in accordance with a landscape plan approved by the City Manager.

(j)

Minimum fire lanes must be marked and maintained throughout the display/storage area in accordance with the requirements of the Fire Code. Buildings in a display/sales area shall be separated by a minimum distance of ten feet.

(Ordinance 1914 adopted 5/27/2025)

Sec. 29 Veterinary Hospitals or Clinics.

(a)

In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations apply:

(i)

Such facilities shall be limited to the treatment, boarding up to 30 days, grooming, and short time breeding of domesticated animals such as horses, cats, and dogs.

(ii)

Minimum lot area: 10,000 square feet.

(iii)

Minimum lot width at the building line: 100 feet.

(iv)

Setbacks: All buildings and structures excluding fences or walls shall be set back a minimum distance of 25 feet from any residential district boundary. All other setbacks shall conform to the requirements of the district in which such uses are located.

(v)

Veterinary hospitals or clinics shall not be required to meet any minimum lot coverage or building height except for the angle of light obstruction regulations of the district in which such facilities are permitted.

(vi)

All buffering and screening shall be a solid fence, masonry wall, or evergreen hedge.

(vii)

No such facilities shall be permitted to have outside cages or runs except those permitted in industrial districts.

(viii)

All facilities shall be soundproof to prevent any noise from being heard outside any building or structure. Outside cage structures permitted in industrial districts shall not be required to be soundproof.

(Ordinance 1914 adopted 5/27/2025)

Sec. 30 Wind Energy Turbines.

(a)

Freestanding wind energy equipment shall be considered an accessory building and shall be subject to the spatial requirements for accessory buildings, together with all other applicable building codes and ordinances, including height limits.

(b)

Wind energy production/generation shall not be the primary use of any property within the city except in AG Agricultural District, R-1 Residential Estate District, or I Industrial District.

(c)

The wind energy system shall not create a noise above ambient level on the adjacent property.

(d)

All portions of the wind energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the City Manager.

(e)

Wind energy equipment shall not be used for displaying any advertising and shall not be illuminated, except in accordance with any Federal Aviation Administration or the Federal Communications Commission requirements.

(f)

The electrical collection system shall be placed underground within the interior of each parcel.

(g)

A building permit and any other permit related to work required to install wind energy equipment shall be obtained prior to installation of any wind energy equipment.

(Ordinance 1914 adopted 5/27/2025)

Sec. 31 E-Cigarette, Cigarette, Cigar and/or Tobacco Retail Shop and Tobacco Bar.

(a)

Intent and purpose: It is the purpose of this Section to regulate E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop(s) and Tobacco Bar(s) to promote the health, safety and general welfare of the residents of the city; to protect and preserve the quality, property values, and character of the city; to minimize the potential negative impacts of E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop and Tobacco Bar(s) on residential areas, churches, schools, colleges, child/adult care centers, public parks, hospitals, nursing homes, cemeteries, sport facilities, or swimming pools.

(b)

An E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop or a Tobacco Bar shall be located at least one thousand (1,000) feet from the property line of any residentially zoned property, and from the property line of any lot on which is located a church, school, college, child/adult care center, public park, hospital, nursing home, cemetery, sport facility, or swimming pool.

(c)

An E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop or a Tobacco Bar may be a permitted use in the Commercial Corridor and Light Industrial Districts with a special use permit ("SUP") if the use satisfies the following conditions:

(i)

It shall be unlawful for any person to operate an e-cigarette, cigarette, cigar and/or tobacco shop or to operate a tobacco bar within the City, or engage in any other activity for which the State of Texas (the "State") requires an e-cigarette retailer permit or a cigarette, cigar and/or tobacco retailer permit be obtained from the Texas Comptroller, without first obtaining a SUP for the location from the City.

(ii)

No applicant shall be granted a SUP for the location under this section who has not first been issued an e-cigarette retailer permit or a cigarette, cigar and/or tobacco retailer permit from the Texas Comptroller and who fails to present satisfactory evidence of the same.

(iii)

It shall be unlawful for any applicant issued an e-cigarette retailer permit or a cigarette, cigar and/or tobacco retailer permit from the Texas Comptroller to use or display a permit or to exercise any privilege granted by a permit except at the place, address, premises and location for which the permit and the SUP is granted.

(iv)

Any SUP granted shall expire on the last day of May of each even-numbered year unless the e-cigarette, cigarette, cigar and/or tobacco retailer provides satisfactory evidence of an approved renewal submission from the Texas Comptroller. If an existing SUP expires without satisfactory evidence of an approved renewal, the SUP shall be declared null and void and of no force and effect and the e-cigarette, cigarette, cigar and/or tobacco retailer shall immediately cease operations. The applicant may reapply for a SUP but may not continue operations without a new SUP being granted.

(v)

The establishment for an e-cigarette, cigarette, cigar and/or tobacco retailer is prohibited within one thousand (1,000) feet of any residentially zoned property, church, school, college, child/adult care center, public park, hospital, nursing home, cemetery, sport facility, or swimming pool. This section shall not apply where any residentially zoned property, church, school, college, child/adult care center, public park, hospital, nursing home, cemetery, sport facility, or swimming pool is built within one thousand (1,000) feet of where an e-cigarette, cigarette, cigar and/or tobacco retailer holds a valid certificate of occupancy prior to the residentially zoned property, church, school, college, child/adult care center, public park, hospital, nursing home, cemetery, sport facility, or swimming pool being built.

(vi)

No person, firm, corporation shall establish, operate, or maintain a business of the same type or nature as an e-cigarette, cigarette, cigar and/or tobacco retailer within a radius of one thousand (1,000) feet from the location of an existing e-cigarette, cigarette, cigar and/or tobacco retailer.

(vii)

The measurement of the distance between an e-cigarene, cigarette, cigar and/or tobacco retailer and the property line of any residentially zoned property, and from the property line of any lot on which is located a church, school, college, child/adult care center, public park, hospital, nursing home, cemetery, sport facility, or swimming pool to the nearest doorway by which the public may enter the e-cigarette, cigarette, cigar and/or tobacco retailer, along street lines and in direct line across intersections.

(d)

All conditions in this section, or as otherwise applicable, shall be complied with prior to the granting of a SUP or the issuance of a certificate of occupancy. This SUP shall be declared null and void and of no force and effect and shall discontinue if or for any one or more of the following:

(i)

Any failure to comply with any term or condition of this section or all applicable regulations, as they exist or may be amended; or

(ii)

A certificate of occupancy for which a use authorized by this section is not applied for and issued within one hundred and eighty (180) days from the effective date of a SUP being granted; or

(iii)

The use for which the SUP is granted ceases to operate for a continuous period of one hundred eighty (180) calendar days; or

(iv)

A structure for which the SUP is granted remains vacant for a continuous period of one hundred eighty (180) calendar days; or

(v)

The SUP was obtained by fraud or deception; or

(vi)

Failure to comply with any and all applicable local, state or federal laws or regulations, as they exist or may be amended.

(e)

Penalty:

Any person, firm, corporation or entity violating this Ordinance or any provision of Kilgore's Development Code, Appendix A of the Kilgore Code of Ordinances, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing days' violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Kilgore from filing suit to enjoin the violation. Kilgore retains all legal rights and remedies available to it pursuant to local, state and federal law.

(Ordinance 1914 adopted 5/27/2025)

Kilgore City Zoning Code

ARTICLE II

ZONING DISTRICTS

Sec. 1 Zoning Districts Established.

Abbreviation	District Name
AG	Agricultural District
RE	Residential Estate District
R-1	R-1 Single-Family Dwelling District
R-2	R-2 Single-Family Dwelling District
R-3	R-3 Single-Family Dwelling District
R-4	Mixed Residential District
MN	Mixed Neighborhood District
LC	Local Commercial District
CC	Commercial Corridor District
DNT	Downtown District
INT	Institutional District
LM	Light Manufacturing District
HM	Heavy Manufacturing District
PD	Planned Development District

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Zoning District Map.

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Interpretation of Zoning District Boundaries.

Where uncertainty exists with respect to the boundaries of the zoning districts, as shown on the map accompanying this Development Code, the following rules apply:

Where boundaries follow the shoreline of a stream, lake, or other body of water, they shall be construed to follow the centerline of streams, rivers, drainage ditches, or other bodies of water.

(f)

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Zoning of Annexed Land.

(a)

(b)

A zoning amendment can be reviewed concurrently along with annexation proceedings; however, the annexation approval must occur prior to approval of the amendment to the zoning and the zoning map.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Areas Not Included Within a Zoning District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Unplatted Property.

(a)

The city shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the City Council.

(b)

The city shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the City Council.

(c)

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Residential District Regulations.

(a)

Agricultural District (AG).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	5 acres	1,500² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1DU/5 acre
Minimum Street Frontage	150 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		20 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

(b)

Residential estate (RE).

(i)

Purpose:

The RE district is primarily intended to accommodate development of detached, single-family housing on lots one acre or larger.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	1 acres	1,500²sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/1 acre
Minimum Street Frontage	150 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		20 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Residential Estate (RE)

(c)

R-1 Single-Family Dwelling (R-1).

(i)

Purpose:

The R-1 district is primarily intended to accommodate development of detached, single-family housing.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf	1,500² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/15,000 sq. ft.
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		30 ft
Minimum Rear Yard Setback		20 ft
Minimum Side Yard Setback		10 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Suburban Residential (R-1)

(d)

R-2 Single-Family Dwelling (R-2).

(i)

Purpose:

The R-2 district is primarily intended to accommodate development of detached, single-family housing on medium sized lots.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	10,000 sf	1,350² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/10,000 sf
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		2.5 stories
Minimum Front Yard Setback		20 ft
Minimum Rear Yard Setback		15 ft
Minimum Side Yard Setback		8 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Suburban Residential (R-2)

(e)

R-3 Single-Family Dwelling (R-3).

(i)

Purpose:

The R-3 district is primarily intended to accommodate development of detached, single-family housing on small lots.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	5,000 sf	700² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/5,000 sf
Minimum Street Frontage	35 ft
Maximum Lot Coverage	60%
Maximum Height		2.5 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		0 ft
Minimum Side Corner Setback		5 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Urban Residential (R-3)

(f)

Mixed Residential (R-4).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	None	700² sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	None
Minimum Street Frontage	No minimum
Maximum Lot Coverage	None
Maximum Height		3 stories
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		None
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		15 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Heated and Cooled

Urban Residential (R-4)

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Commercial and Mixed-Use District Regulations.

(a)

Mixed Neighborhood (MN).

(i)

Purpose:

The MN district is primarily intended to accommodate a variety of small retail, personal services, restaurants, offices, small-scale residential, and other compatible uses.

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial Requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	6,000 sf	600 sf	Subject to Article II, Division 3, Section 4
Maximum Density	4 DU/6,000 sf
Minimum Street Frontage	50 ft
Maximum Lot Coverage	40%
Maximum Height		3 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Setback Adjacent to Residential		25 ft

Mixed Neighborhood (MN)

(b)

Local Commercial (LC).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts, Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	7,000 sf	None	Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	50 ft
Maximum Lot Coverage	60%
Maximum Height		3 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft¹ or 25 ft²
Minimum Side Yard Setback		5 ft¹ or 25 ft²
Minimum Side Corner Setback		10 ft

1.	Adjacent to non-residential use
2.	Adjacent to residential use

Local Commercial (LC)

(c)

Commercial Corridor (CC).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	14,000 sf	None	Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	50 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft¹ or 25 ft²
Minimum Side Yard Setback		5 ft¹ or 25 ft²
Minimum Side Corner Setback		10 ft

1.	Adjacent to non-residential use
2.	Adjacent to residential use

Commercial Corridor (CC)

(d)

Downtown (DNT).

(i)

Purpose:

(A)

Core Subdistrict (DNT - C).

The purpose of DNT-C subdistrict is to encourage a mix of uses appropriate for the heart of downtown within the main street boundary as designated on the zoning map.

(B)

Entertainment Subdistrict (DNT-E).

The purpose of DNT-E subdistrict is to encourage establishments providing entertainment (restaurants, nightclubs, retail stores, and theater etc.) within the main street boundary.

(ii)

Refer to Article II, Division 2, Section 5. Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial Requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	n/a		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	n/a
Maximum Lot Coverage	n/a
Maximum Height		n/a
Minimum Front Yard Setback		0 ft
Minimum Rear Yard Setback		0 ft
Minimum Side Yard Setback		0 ft
Minimum Side Corner Setback		0 ft

Downtown (DNT)

(e)

Institutional (INT).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	3 acres		Subject to Article II, Division 3, Section 4
Maximum Density	None
Minimum Street Frontage	80 ft
Maximum Lot Coverage	80%
Maximum Height		None
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Industrial District Regulations.

(a)

Light Manufacturing (LM).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings; and Article III for additional requirements.

(iii)

Spatial Requirements¹:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	80 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories²
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		25 ft
Minimum Side Yard Setback		25 ft
Minimum Side Corner Setback		25 ft

1.	Industrial Parks over five (5) acres in size are not required to meet these dimensional standards but are subject to the City of Kilgore's adopted Building Code.
2.	3 stories maximum when adjacent to residential use.

Light & Heavy Manufacturing (LM) (HM)

(b)

Heavy Manufacturing (HM).

(i)

Purpose:

(ii)

Refer to Article II, Division 2, Section 5, Allowed Uses by Districts; Article II, Division 3, Section 4, Accessory Use and Dwellings, and Article III for additional requirements.

(iii)

Spatial requirements:

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	15,000 sf		Subject to Article II, Division 3, Section 4
Maximum Density	n/a
Minimum Street Frontage	80 ft
Maximum Lot Coverage	50%
Maximum Height		6 stories²
Minimum Front Yard Setback		25 ft
Minimum Rear Yard Setback		25 ft
Minimum Side Yard Setback		25 ft
Minimum Side Corner Setback		25 ft

1.	Industrial Parks over five (5) acres in size are not required to meet these dimensional standards but are subject to the City of Kilgore's adopted Building Code.
2.	3 stories maximum when adjacent to residential use.

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Planned Development (PD) District Regulations.

(a)

Purpose:

(b)

Refer to the PD Ordinance as adopted by the City Council for Allowed Uses, Accessory Uses, Parking and Loading, Landscaping and Green Space, Screening, Signs, and Site Design Regulations.

(c)

Spatial requirements:

To be submitted by the applicant and approved by Planning and Zoning Board and City Council.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Allowed Uses by Districts.

(a)

How to read Allowed Use Table 5.1:

(i)

P - in the table indicates uses allowed by right in that zoning district.

(ii)

S - in the table indicates that the use is permitted in that zoning district but requires a Specific Use Permit.

(iii)

A - in the table indicates that the use is permitted in that zoning district but as an accessory use only.

(iv)

* - next to a use in the Use Type column means that the use has additional requirements that can be found in Article II, Division 4, Supplementary Use Regulations.

(v)

The following numbers in superscript next to P, S, or A in the table indicate the following additional restrictions in that specific zoning district only:

Street-level use must be retail, restaurant, or entertainment.

Must meet the design requirements of the Downtown Core (DNT-C)

Restricted hours (must stay open till 10:00 p.m. Thursday through Saturday)

Second story or back of unit use.

Must have some element of customer space.

Must have some element of night life.

Will be restricted on size due to limited space.

In-home, maximum 6 clients.

In-home, maximum 1 chair.

For example: "S⁹" for the use "Personal services (in home)" in all residential districts means this use is allowed by Specific Use Permit and allows maximum 1 chair (1 client at a time).

(vi)

Any use not authorized in the Allowed Use Table 5.1 is prohibited.

(b)

Allowed Use Table 5.1:

Use Type	Residential Districts						Non-Residential Districts
	AG - Agricultural	RE - Residential Estate	R-1 - Neighborhood Residential	R-2 - Suburban Residential	R-3 - Urban Residential	R-4 - Mixed Residential	MN - Mixed Neighborhood	LC - Local Commercial	CC - Commercial Corridor	DNTC - Downtown Core	DNTE - Downtown Entertainment	LM - Light Manufacturing	HM - Heavy Manufacturing	INT - Institutional	Reserved
AGRICULTURAL USES
Cattle Pens	P											P	P
Dairy farms	P
Farm/Crop Production	P
Feed Lot	P											P	P
Fishing Pond	P											P	P
Grain Storage Elevator	P											P	P
Greenhouse and Nursery, Commercial	P								S	S		P	P
Livestock	P
Livestock Auction	P											P	P
Orchard	P											P	P
Stables	P
Tree Farm	P											P	P
RESIDENTIAL USES
Dwelling
Accessory Dwelling Unit	A	A	A	A	A	A
Manufactured Home*	S	S	S	S	S	S
Manufactured Home Park*	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Multifamily Dwelling						P			P	P	P¹
Single-Family Residence, Attached					P	P			P	P	P¹
Single-Family Residence, Detached	P	P	P	P	P	P
Two-Family Residence (Duplex)					P	P			P	P
Group Living*
Assisted Living/Retirement Center						P			P
Boarding/Rooming House*						S
College Dormitory (Off Campus)						P			P	P	P¹
Crisis Center (6 or fewer)	S	S	S	S	S	S			S
Halfway House						S	S		S
Nursing Home/Rehabilitation		S				P	P	P	P					P
Rescue Mission/Home						P	S	S	S	S
Misc.
Home Occupation*	A	A	A	A	A	A
Short-Term Rental	S	S				S	P	P		P	P
COMMERCIAL USES
Automobile/Vehicle Sales and Services*
Automobile Parking Lot/Garage (Commercial)							P	P	P	P	P⁴	P	P	P
Automobile rental								P	P			P	P
Automobile title loans												P	P
Vehicle repair (minor), service, cleaning, & fuel								P	P			P	P
Vehicle repair (major), painting									P			P	P
Vehicle & vehicle parts sales & installation									P			P	P
Vehicle towing service									P			P	P
Animal Services*
Animal clinic/hospital (no outdoor pens)							P	P	P	P		P	P	P
Animal clinic/hospital (outdoor pens)								P	P			P	P
Animal/Pet Grooming (No Overnight)							P	P	P	P		P	P
Animal shelter or rescue									P			P	P
Pet Shop (no outdoor pens)							P	P	P	P		P	P
Pet Shop (outdoor Pens)									P			P	P
Banks & Financial Services
Banks & Financial Services
Bail Bonds								P	P			P	P
Banks and financial institutions								P	P	P		P	P	P
Bank teller, automatic, 24-hours							P	P	P	P		P	P	P
Eating & Drinking Establishments
Cafe/Coffee Shop/Delicatessen/Donuts/Ice Cream							P	P	P	P	P³	P	P	P
Restaurant (drive thru)								S	S			S		S
Restaurant (full service/sit down)							S	P	P	P	P³	P	P	P
Funeral and Internment Service*
Cemetery, Mausoleum	(Per State Law: No new cemeteries allowed within the city limits. Only existing cemeteries may be expanded.)
Columbarium	S						S	S	S	S		S	S	S
Monument Sales Lot									P			P	P
Mortuary/Funeral Home/Crematory								P	P	P		P	P
Heavy Equipment/Vehicle Sales/Rental*
Boat sales									P			P	P
Heavy Equipment/Machinery Rental Yard									P			P	P
Heavy Machinery Dealership (Sales & Service)									P			P	P
Manufactured Housing Sales Lot									P			P	P
RV Dealership									P			P	P
Truckstop (Fuel, Service)									P			P	P
Truck/Heavy Equipment Rental Facility									P			P	P
Lodging
Bed & Breakfast	S	S	S	S	S	S	P	P	P	P	P⁶			P
Hotel/Motel/Resort								P	P	P				P
Hotel, extended stay									P	P		P	P
Medical
Clinic							P	P	P					P
Hospital								S	P			S	S	P
Massage Therapist							P	P	P	P	P⁴	P	P	P
Medical laboratory							P	P	P	P	P⁴	P	P	P
Medical office							P	P	P	P	P⁴	P	P	P
Pharmacy							P	P	P	P	P⁴	P	P	P
Office
Office (up to 3,000 sf)							P	P	P	P	P⁴	P	P	P
Office (above 3,000 sf)												P	P	P
Office Park							P	P	P	P	P⁴	P	P	P
Research and developmental laboratories								P	P	P	P⁴	P	P	P
Recreation & Entertainment Indoor
Amusement Center, commercial									P	P	P	P	P
Archery Range (indoor)									P		P		P
Bingo Parlor									P	P	P		P
Bowling Alley									P	P	P	P	P	P
Club/Social Organization	S	S	S	S	S	S	P	P	P	P	P³	P	P	P
Concert Facility								P	P	P	P³	P	P	P
Country Club	S	S	S	S	S	S	P	P	P	P	P³			P
Dance Hall, Nightclub, Disco								P	P	P	P³		P	P
Firearms Range (indoor)									P			P	P
Fraternal Organization, Lodge, Civic Club, Fraternity, or Sorority						P			P	P	P¹
Pool Hall, Game Room								P	P	P	P	P	P	P
Private Club							P	P	P	P	P³		P	P
Recreation Center, commercial (indoor)								P	P	P	P	P	P	P
Recreational Club. private							P	P	P	P	P	P	P	P
Recreational establishment (indoor, up to 20,000 sf)								P	P	P	P³	P	P	P
Recreational establishment (indoor, over 20,000 sf)									S			P		S
Skating Rink (indoor)								P	P	P	P	P	P	P
Theater, Playhouse								P	P	P	P³		P	P
Theater - Cinema								P	P	P	P³		P	P
Recreation & Entertainment Outdoor
Amphitheater								P	P	P	P³		P	P
Amusement Park, commercial									P	P	P	P	P
Archery Range (outdoor)									S			S	S
Campground	S
Circus/Carnivals									S
Day Camp	P								P
Firearms Range (outdoor)									S			S	S
Fish Pond, commercial									P			P	P
Go-Cart Track									S	S	S	P	P
Golf Course, Miniature Golf, and Driving Range									S	S	S	P	P
Marina/Boat Dock									S	S	S	P	P
Racetrack (Horse/Dog)	S												S
Racetrack (Motorized)													S
Recreation Center, commercial (outdoor)									P	P	P	P	P
Recreational establishment (outdoor, no engine or firearm noise emission)									S	S	S	P	P
Recreational establishment (outdoor, with engine or firearm noise emission)									S			S	S
Recreational Field	S						S	P	P	P			P	S
Recreational Vehicle Park	S	S
Riding Stable/Club									S	S	S	P	P
Rodeo Grounds	S												S
Skating Rink (outdoor)									P	P	P	P	P
Skeet Trap Range									S			S	S
Theater, Drive-in	S								P	P	P⁷		P
RETAIL SALES & SERVICE
Building/landscape material sales (no outdoor storage)								P	P	P		P	P
Building/Landscape material sales (with outdoor storage & sales)*									S			P	P
Catering Service							P	P	P	P	P⁵	P	P	P
Cleaning/Laundry (on-site)									P			P	P
Cleaning/Laundry (pick-up/drop-off only)								P	P	P	P⁴	P	P	P
Cleaning/Laundry (self service)								P	P	P	P⁴	P	P	P
Convenience retail (up to 2,000 sf)							P	P	P	P	P	P	P	P
E-cigarette, Cigarette, Cigar and/or Tobacco Retail Shop									S			S
General retail (indoor, up to 2,000 sf)							P	P	P	P	P³	P	P	P
General retail (indoor, up to 20,000 sf)								P	P	P	P	P	P
General retail (indoor, over 20,000 sf)									P	P	P	P	P
Head Shop									P
Hookah Lounge									P	P
Outdoor display*								P	P	P	P	P	P
Personal lessons & instructions (in-home)	P	P	P	P	P	P
Personal services (in-home)	S⁹	S⁹	S⁹	S⁹	S⁹	S⁹
Personal services establishment (up to 2,000 sf)							P	P	P	P	P⁴	P	P	P
Personal services establishment (over 2,000 sf)								P	P	P	P⁴	P	P
Tobacco Bar									S			S
Tattoos/Piercings									P				P
Sexually Oriented Business	(See Article II, Division 4, Section 2, Adult Businesses)
INSTITUTIONAL, PUBLIC & CIVIC USES
Public/Civic
Amphitheater							P	P	P	P				P
Animal Park	P							S	S	S
Business, Professional School								P	P	P	P⁴	P	P	P
Church/rectory, Temple, Synagogue, Mosque, or Other Place of Worship*	P	P	P	P	P	P	P	P		P		P	P	P
College, University, Trade, or Private Boarding School								P	P	P	P²			P
Community Center (public or private)		S	S	S	S	S
Cultural Facilities & Libraries	S	S	S	S	S	P	P	P	P	P	P	P	P	P
Day Care Center (Child/Adult)*	S⁸	S⁸	S⁸	S⁸	S⁸	P	P	P	P	P				P
Park, Playground, Open Space	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Post Office	P	P	P	P	P	P	P	P	P	P		P	P	P
Public Safety (Police/Fire)	P	P	P	P	P	P	P	P	P	P		P	P	P
School, Public (Preschool, Kindergarten, Elementary, Junior High, High School)	P	P	P	P	P	P	P	P	P	P		P	P	P
School student/activity center/field (public)	P	P	P	P	P	P	P	P	P	P		P	P	P
Utilities (major)*	P	S	S	S	S	S	S	S	S	S		P	P	S
Utilities (minor)*	P	P	P	P	P	P	P	P	P	P		P	P	P
Zoo	S							S	S	S
INDUSTRIAL USES
Industrial Service, Manufacturing & Production
Manufacturing Plant (acid, chemicals, allied products, fertilizer, metal foundry, vulcanizing)													P
Manufacturing Plant (vehicles, electronics, fabricated metal, furniture, home appliances, commercial equipment, wood products)												P	P
Food Manufacturing/Processing Plant												P	P
Grain/Feed Processing Plant													P
Laboratory Mfg.												P	P
Lithographic Shop/Commercial Printer								P	P			P	P
Meat/Fish Packing Plant													P
Milk Distribution Station									P			P	P
Newspaper Printing Plant								P	P			P	P
Poultry Processing Plant													P
Printing/Publishing Plant									P			P	P
Pulp-Paper Mill													P
Sheetmetal Fabrication Shop												P	P
Sign Contractor's Shop/Yard												P	P
Textile Mill													P	P
Mining*
Oil & Gas Exploration (Drilling Activity)	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Oil & Gas Exploration (Producing Well)	S	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Oil & Gas Field Equipment Sales/Rental									P			P	P
Oil & Gas Treatment/Processing Plant													P
Petroleum Refinery													P
Petroleum Tank Farm													P
Sand, Gravel, Stone, Earth, Mineral Extraction												P	P
Sand, Gravel, Stone, Earth, Mineral Sales												P	P
Warehouse & Wholesaling
Fire Works Manufacturing, Warehousing, or Distribution													P
Frozen Food Locker Plant									P			P	P
Hauling & Storage Facility									P			P	P
Self-Service Storage Facility									P			P	P
Warehouse & Distribution Center)									P			P	P
Waste & Disposal
Building Materials Salvage Yard												P	P
Industrial Recycling Plant												P	P
Junk/Salvage Yard													P
Recycling Center/Collection (Cans, Glass, Paper)								P	P			P	P
Recycling Center (Hazardous Material)													P
Sanitary Landfill													P
Telecommunication Facilities*
Telecommunications/broadcasting towers/buildings							S	S	S	S	S	S	S
Transportation
Motor Freight Terminal												P	P
Railroad Depot												P	P
Railroad Freight Terminal												P	P

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Purpose.

This division outlines requirements that are applicable for situations that may occur in any location in the City of Kilgore, regardless of the zoning district designation.

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 General Zoning Compliance.

(a)

Conformity.

(b)

Setbacks.

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Principal Use and Dwellings.

(a)

Principal buildings.

(b)

Principal use collectively.

(i)

Individual buildings share common parking areas.

(ii)

Access to the buildings/uses is provided via shared access drives or streets.

(iii)

Buildings are under one single ownership.

(iv)

(v)

The buildings are architecturally consistent and compatible.

(c)

Dwellings.

(i)

(ii)

Attached and detached accessory dwellings may be permitted as identified per Article II, Zoning Districts, Division 3, General provisions for all Districts, Section 4, Accessory Use and Dwellings.

(iii)

(iv)

Multiple single-family dwellings on one lot shall be treated as condo units or multifamily units for the purposes of addressing, water and sewer hookups, and driveways from the public right-of-way.

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Accessory Use and Dwellings.

(a)

A parcel may have multiple accessory uses provided the total area of all accessory uses meet the requirements of the zoning district in which the uses are located.

(b)

A parcel may only have one accessory dwelling unit, regardless of the number of principal use/dwelling unit structures located on the parcel.

(c)

(d)

(e)

Accessory Dwelling Unit (ADU) Eligibility and Design Standards:

(i)

A half-acre minimum lot size is required for an ADU.

(ii)

An ADU may be attached or detached from the primary structure.

(iii)

An attached ADU must have a separate independent entrance from the primary structure.

(iv)

If the ADU is detached, it must be located behind the front build line of the existing structure and follow the setbacks of an accessory structure.

(v)

(vi)

An ADU shall be a minimum of 400 square feet and no larger than 50 percent of the size of the primary structure with a maximum 1,200 square feet living area.

(vii)

An ADU must have a restroom inside the structure and either a kitchen or kitchenette.

(viii)

If water and sewer connections are tied to the primary structure, the utility account will be charged an additional base fee similar to multifamily developments.

(ix)

Separate water and sewer services are permitted.

(x)

Storage buildings and Manufactured Homes are prohibited from being an ADU.

(f)

Accessory structures shall be incidental to the principal use and be located on the same lot.

(g)

Attached accessory structures are subject to the spatial requirements of the principal buildings for the applicable zoning district.

(h)

Cargo/shipping containers, rail cars, manufactured or mobile homes, and tiny houses are prohibited to be used as accessory structures.

(i)

All attached and detached accessory buildings and additions shall be compatible and similar to the principal building in terms of architectural style/design, and/or building materials.

(j)

Barns and agricultural structures are regulated as accessory structures but are not subject to square footage restrictions in the AG Agricultural District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Manufactured and/or Mobile Homes.

(a)

Location.

(i)

May be parked or stored as a part of a commercial business that has a permit for the sale or manufacturing of manufactured or mobile homes.

(ii)

(iii)

(iv)

May be permitted as a part of FEMA disaster recovery effort for a period of 12 months, which may be extended by the Planning and Zoning Board and the City Council after a public hearing.

(b)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	4,000 sf² or 3 acres³	1,000 sf	Subject to Article II, Division 3, Section 4
Maximum Density¹	1 DU/4,000 sf² or 10 DU/acre³
Minimum Street Frontage	40 ft
Maximum Lot Coverage	50%
Maximum Height		20 ft
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

1.	Accessory Dwelling Units (ADU) shall not count toward the maximum density
2.	Individual mobile home
3.	Multi-unit manufactured home development

(c)

Mobile homes.

(i)

Movement and occupancy.

(ii)

Replacement.

(iii)

Rules for replacement and maintenance of existing non-conforming mobile homes and manufactured homes.

(A)

Entrances.

(B)

Permanent foundation requirements.

(1)

Permanent foundations must comply with the most current adopted code of the city and must be installed per manufacturer specifications.

(2)

Underpinned/skirting must be:

Completely around the structure from the base of the Manufactured Home to the ground level beneath.

II.

Of material with similar appearance to the Manufactured Home (or) of masonry material.

III.

IV.

Skirted in such a way as not to allow access to the underside of the Manufactured Home for storage and/or trash accumulation but be accessible only for repair to the Manufactured Home.

(d)

Unlawful occupancy.

(e)

Unlawful use on streets and public ways.

No Manufactured Home or Mobile Home shall be used for living quarters upon any street, alley, or other public right-of-way in the city.

(f)

Utility connections.

(i)

Electrical.

(ii)

Plumbing.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Setbacks, Lots, and Yards.

(a)

Setbacks and width.

(i)

Minimum requirement.

(ii)

Exemption.

Structures such as mailboxes, fences, planters, landscaping beds, flagpoles, yard decorations, and other elements determined by the City Manager to be similar, are not subject to setbacks.

(iii)

Average front setback.

(iv)

Cul-de-sac lots.

The front yard setback shall follow the curve of the front lot line.

Cul-de-Sac Setback

(v)

Lot width.

Lot width shall be measured at the front lot line and at the front setback line. On cul-de-sac lots, width shall only be measured at the front setback line.

(b)

Projections into setback areas.

(i)

Architectural features.

(ii)

Open and uncovered elements.

(iii)

Entryways.

Porches, stoops, awnings, and other elements determined by the City Manager to be similar may project into a setback area for a distance of not more than five feet.

(iv)

Covered and enclosed additions.

(c)

Lot requirements and designations.

(i)

Interior lots.

(A)

Yards and lot lines.

Interior lots shall have one front lot line, one front yard, two side lot lines, two side yards, one rear lot line, and one rear yard.

(B)

Setbacks.

Buildings on interior lots shall be subject to one front setback, two side setbacks, and one rear setback.

(ii)

Corner lots.

(A)

Yards and lot lines.

A corner lot with street frontage on two connecting sides shall have the following yards and lot lines:

(1)

Residential corner lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.

(2)

For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.

(3)

(4)

Commercial corner lot shall have two front lot lines, one interior side lot line, and one rear lot line. A commercial corner lot has two front yards, one side yard, and one rear yard.

(B)

Setbacks.

On a corner lot with street frontage on two sides, buildings shall be subject to the following setbacks:

(1)

Residential buildings shall be subject to one front setback, two side setbacks, and one rear setback.

(2)

Commercial buildings shall be subject to two front setbacks, one side setback, and one rear setback.

(iii)

Multi-frontage lots.

(A)

Yards and lot lines.

A multi-frontage lot with street frontage on three sides shall have the following yards and lot lines:

(1)

Residential multi frontage lot shall have one front lot line, two side lot lines, and one rear lot line, one front yard, two side yards, and one rear yard.

(2)

For residential lots, the narrower street frontage lot line shall be the front lot line and location of the front yard.

(3)

(4)

Commercial multi-frontage lot shall have three front lot lines, and one rear lot line. A commercial corner lot has three front yards, and one rear yard.

(B)

Setbacks.

On a multi-frontage lot with street frontage on three sides, buildings shall be subject to the following setbacks:

(1)

Residential dwellings shall be subject to one front setback, two side setbacks, and one rear setback.

(2)

Commercial buildings shall be subject to three primary front setbacks and a rear setback.

(iv)

Through lots.

(A)

Yards and lot lines.

Through lots shall have two front lot lines, two front yards, two side lot lines, and two side yards.

(B)

Setbacks.

Buildings shall be subject to two front setbacks, two side setbacks.

(C)

Orientation of structures.

The City Manager shall consider the following when determining orientation of the dwelling:

(1)

(2)

Location and impact of existing vegetation, water, or other natural features affecting the location of buildings or structures on the lot in question.

Lot Types

(d)

Duplex lots.

(i)

(Ordinance 1914 adopted 5/27/2025)

Sec. 7 Height.

(a)

Structures.

(b)

Measurement.

Vertical distance of building height is measured from the elevation of the finished grade at the front of a building, on a level lot, to:

(i)

Mansard, gable, hip or gambrel roof:

The average height between the eaves and ridge.

(ii)

Parapet/flat roof:

The highest point of the roof for a flat roof.

(iii)

Other roof type:

A point equivalent to the roof types specified in this section, as determined by the City Manager.

(c)

Sloping grade and walkout.

(d)

Grading and/or filling.

Grading and/or filling of materials to elevate the first-floor elevation of a structure shall count against the height measurement of the building if the increase is three feet or greater.

Building Height

(Ordinance 1914 adopted 5/27/2025)

Sec. 8 Steep Slopes.

(a)

The following steep slope restrictions shall apply to all building sites with slopes 15 percent or greater in addition to the design standards in the Engineering Design Manual (EDM).

(b)

When applicable, steep slope regulations shall take precedence over the regulations of the applicable zoning district.

(c)

These regulations apply to lots where the proposed land disturbing activity is greater than 5,000 square feet.

(d)

Lot sizes for lots with slopes that are 15 percent or more, or average 15 percent or more, shall be increased by a lot size multiplier of:

(i)

3 times for slope of 15 percent to 24.99 percent; and

(ii)

5 times for slope of 25 percent and above

(e)

No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from areas with slopes of 25 percent or more.

(f)

Grading may occur adjacent to rivers and creeks but shall not exceed a slope of 4:1 from the toe of the creek, upward.

(g)

The alignment of roads and driveways on and along sites with steep slopes shall follow the natural topography and minimize regrading.

(h)

(Ordinance 1914 adopted 5/27/2025)

Sec. 9 Access and Frontage.

(a)

(i)

(b)

Minimum lot frontage shall be equal to the minimum lot width required for the applicable zoning district, unless otherwise permitted in the Kilgore Development Code.

(c)

(d)

(Ordinance 1914 adopted 5/27/2025)

Sec. 10 Grading and Excavation.

(a)

Regulations in the Kilgore Engineering Design Manual (EDM) shall apply when grading or excavating any site in the city.

(Ordinance 1914 adopted 5/27/2025)

Sec. 11 Visibility at Intersections.

(a)

(b)

Exemption:

Public utility structures, traffic signs, or other items approved by the City Manager are exempt from this provision. This section does not apply to the DNT District.

(Ordinance 1914 adopted 5/27/2025)

Sec. 12 Swimming Pools.

(a)

(i)

Not be constructed in the required front yard setback.

(ii)

Not have the edge of the water line closer to the side or rear property lines than six feet.

(iii)

Not have any pool structure, excluding the concrete pool deck, be closer to the side or rear property lines than three feet.

(iv)

Be enclosed by a four-foot fence, with no opening larger than four inches in any direction and a self-closing, self-latching gate.

(Ordinance 1914 adopted 5/27/2025)

Sec. 13 Recreational Vehicle Parking.

(Ordinance 1914 adopted 5/27/2025)

Sec. 14 Refuse Containers.

(a)

(b)

Refuse containers on a premises that is classified and billed as a residential user shall be located in the side yard or the back yard and screened from public view, except:

(Ordinance 1914 adopted 5/27/2025)

Sec. 15 Sewer and Septic Systems.

(a)

(i)

Sewer connection.

(ii)

Septic system.

(Ordinance 1914 adopted 5/27/2025)

Sec. 16 Noxious Impacts Prohibited.

(Ordinance 1914 adopted 5/27/2025)

Sec. 17 Nonconformities.

(a)

Nonconforming uses and structures.

(i)

(ii)

Nonconforming uses shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses unless allowed in this Code.

(b)

Nonconforming status.

(i)

Any use, platted lot, or structure which does not conform with the regulations of the zoning district in which it is located shall be deemed a nonconforming use, platted lot, or structure when:

(A)

(B)

(C)

Such use, platted lot, or structure was in existence and lawfully operating at the time of annexation into the city and has since been in regular and continuous use.

(c)

Continuing lawful use of property and existence of structures.

(i)

(A)

"Discontinuance" of a nonconforming use shall be defined as the actual act or date that the use is discontinued or ceases to operate on the subject property.

(B)

"Abandonment" of a nonconforming use or structure shall be defined as the actual act or date of abandonment for a time period of six months or longer.

(ii)

(A)

A building permit or certificate of occupancy for the use or structure before it became nonconforming, and

(B)

Utility bills or proof of payment for utilities to prove continuous operation of the use or structure for one month before and all the months since the use became nonconforming.

(iii)

(iv)

Any existing vacant lot platted prior to the effective date of the Ordinance adopting this Development Code, which was legally conforming, shall be deemed a legal nonconforming lot.

(d)

Changing nonconforming uses.

(i)

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a nonconforming use.

(ii)

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use while the structure would retain its legal nonconforming status.

(iii)

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

(e)

Expansion of nonconforming uses and buildings.

(i)

An expansion of a nonconforming use or structure is only allowed in accordance with the following:

(A)

A nonconforming use located within a building may be extended throughout the existing building, provided that:

(1)

No structural alteration may be made on or in the building except those required by law to preserve such building in a safe and structurally sound condition.

(2)

(B)

No nonconforming use within a building may be extended to occupy any land outside the building.

Restoration of nonconforming structure.

(Ordinance 1914 adopted 5/27/2025)

Sec. 1 Purpose.

(Ordinance 1914 adopted 5/27/2025)

Sec. 2 Adult Businesses (Sexually Oriented Businesses).

(a)

Intent and purpose.

(i)

(ii)

It is expressly not the intent or effect of this Section to impose a limitation upon rights granted under the First Amendment.

(b)

Location of sexually oriented businesses and signage.

License required.

All sexually oriented businesses to be operated within the city shall first obtain a valid license under the provisions of this Code. A license shall be valid for one year, and be renewed annually.

(ii)

A license shall only be issued for sexually oriented businesses that fulfill the locational requirements of Subsection (b) above.

(iii)

A business is not exempt from regulation under this ordinance because it holds a license or permit under the Texas Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages.

(d)

Display of license.

(i)

A valid license shall be displayed at all times in an open and conspicuous place on the premises of the sexually oriented business for which it was issued.

(ii)

(e)

Application for a license.

(i)

Any person desiring a license shall file a sworn written application with the city clerk or his/her designee. The application shall set forth the following:

(A)

The name of the applicant and whether the applicant is an individual, general partnership, limited partnership, corporation, or other entity.

(B)

The name under which the sexually oriented business is to be operated and a general description of the services or products to be provided.

(C)

The address and legal description of the parcel of land on which the sexually oriented business is to be located.

(D)

The name, resident address, and telephone number of the manager or other individual to be principally in charge of the operation of the sexually oriented business.

(E)

A written declaration that the information contained in the application is true and correct.

(F)

(ii)

In addition, the application shall be accompanied by the following:

(A)

Payment of the license fee, as provided in this Section.

(B)

(C)

If the applicant is a Texas corporation, a certified copy of the Articles of Incorporation.

(D)

If the applicant is a foreign corporation, a certified copy of the Certificate of Authority to Transact Business in the state.

(E)

(F)

(G)

A detailed site plan which describes the dimensions and location of the sexually oriented business and clearly shows it to be in compliance with the locational requirements of subsection (b) above.

(iii)

(f)

Investigation, issuance or denial of license.

(i)

(ii)

The city clerk or his/her designee shall deny the application for a license if one or more of the following is determined to be true:

(A)

An applicant is under eighteen years of age.

(B)

(C)

An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(D)

(E)

The license fee required by this Section has not been paid.

Any of the following offenses as described in Development Code 21 of the Texas Penal Code; public lewdness; indecent exposure; indecency with a child.

(3)

Sexual assault or aggravated sexual assault as described in Development Code 22 of the Texas Penal Code.

(4)

Incest, solicitation of a child, or harboring a runaway child as described in Development Code 25 of the Texas Penal Code; or

(5)

Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

(iii)

In the event that any applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to the provisions of this Section.

License fee.

Transfer of license.

A license shall not be transferred to another license holder or address.

(i)

(Reserved.)

(j)

Regulations pertaining to exhibition of sexually explicit films or videos.

(i)

(ii)

The application shall be sworn to be true and correct by the applicant.

(iii)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the city clerk or his/her designee.

(iv)

It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is inside the premises.

Additional regulations for adult motel.

(i)

(ii)

(iii)

The terms "rent" or "subrent" in this section means the act of permitting a room to be occupied for any form of consideration.

(l)

Exceptions to regulations.

(i)

(ii)

Any business operated by or employing physicians, osteopaths, nurses, or chiropractors, licensed by the State of Texas, engaged in practicing the healing arts; and

(iii)

Any retail business whose major business is the sale of apparel to customers.

(m)

Enforcement and inspection.

Suspension and revocation of licenses.

(i)

(A)

Violated or is not in compliance with any provision of this Section;

(B)

Engaged in the sale or consumption of alcoholic beverages while on the sexually oriented business premises;

(C)

Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(D)

Been convicted of an offense listed in this Section;

(E)

Knowingly allowed any specified sexual activities to occur in or on the sexually oriented business premises; or

(F)

Is delinquent in payment to the city for taxes, fees, fines, or penalties.

(o)

Unlawful acts.

(i)

(ii)

It shall be unlawful for any individual, partnership, corporation or other entity to use a license which has been issued to another individual, partnership, corporation or other entity.

(iii)

It shall be unlawful for any person to counterfeit, forge, change, deface or alter a license.

(iv)

It shall be unlawful for any person to serve, possess, or consume alcoholic beverages on the premises of any sexually oriented business.

(p)

(q)

(r)

(Ordinance 1914 adopted 5/27/2025)

Sec. 3 Alcoholic Beverage Sales.

(a)

Shall be compliant with Chapter 4, Business Regulations, Article 4.02 Alcoholic Beverages of the Code of Ordinances.

(b)

Shall be compliant with the Texas Alcoholic Beverage Code and the requirements by the Texas Alcoholic Beverage Commission (TABC).

(Ordinance 1914 adopted 5/27/2025)

Sec. 4 Boarding/Roominghouse.

(a)

The most restrictive of the following requirements will apply to the use of a building as a boardinghouse or roominghouse:

(i)

No more than five persons who are not related by blood, marriage, adoption, or other legal relationship, may occupy or lodge within the building; and

(ii)

(b)

No building may be used as a boardinghouse or roominghouse except through a specific use permit for such use.

(i)

The specific use permit (SUP) ordinance will indicate, the number of rooms in the building that may be used as a lodge, and the maximum occupancy of the building.

(ii)

Any violation of the SUP ordinance is grounds for the revocation by the City Council of the specific use permit for a boardinghouse or roominghouse.

(iii)

(c)

Any person who owns or operates a boardinghouse as defined herein, shall be required to keep and maintain a daily boardinghouse log in which the following information will be recorded:

(i)

Address of boardinghouse.

(ii)

Name and address of owner and manager of such boardinghouse.

(iii)

Number of lodges, as defined herein, in such boardinghouse; and

(iv)

Name and lodge number for every person who occupied a lodge within the building for such day.

(d)

(Ordinance 1914 adopted 5/27/2025)

Sec. 5 Cemeteries, Columbarium, and Mausoleums.

(a)

(b)

No part of any crypt, mausoleum, or other building, other than a subterranean grave, shall be less than 50 feet from the nearest lot line.

(c)

Crypts, mausoleums, or other structures, other than monuments, shall together not occupy more than ten percent of the total area.

(d)

A continuous screening device shall be provided and maintained along all boundary lines separating said cemetery or crematories from any contiguous land.

(Ordinance 1914 adopted 5/27/2025)

Sec. 6 Churches and Other Houses of Worship.

(a)

Shall be subject to Traffic Impact Analysis (TIA) requirements in the Kilgore Engineering Design Manual (EDM).

(Ordinance 1914 adopted 5/27/2025)

Sec. 7 Childcare Centers (Daycare, after School Care).

(a)

Minimum lot area:

Not be less than 6,000 square feet or not less than 30 square feet per child, whichever is greater.

(b)

Each daycare center shall comply with minimum spatial requirements within the district where such use is permitted.

(c)

(d)

(e)

(Ordinance 1914 adopted 5/27/2025)

Sec. 8 Funeral Homes and Mortuaries.

(a)

In addition to the requirements applicable to funeral homes and mortuaries within the districts where such are permitted, the following requirements and regulations shall be complied with:

(i)

Minimum lot area shall not be less than one acre.

(ii)

All ingress and egress points shall be to or from primary arterials.

(iii)

All operations including loading and unloading facilities shall be screened from abutting properties by a solid fence, masonry wall, or evergreen hedge.

(Ordinance 1914 adopted 5/27/2025)

Sec. 9 Gasoline Service Stations and Carwashes.

(a)

In addition to the requirements applicable to gasoline service stations and carwashes within the districts where such are permitted, the following requirements and regulations shall be complied with:

(i)

Gasoline service stations.

(A)

The minimum lot area to be occupied by a gasoline service station shall not be less than 12,000 square feet with a lot frontage of not less than 100 feet;

(B)

All fuel pumps and pump islands shall be set back a minimum distance of at least 15 feet from any street right-of-way line, property line or buffer strip;

(C)

The outside ends of all canopies shall be set back a minimum distance of ten feet from all property lines;

(D)

Permitted uses.

(E)

No permanent outdoor storage of materials or products shall be permitted.

(F)

All buffering and screening except as provided for herein shall be screened from abutting properties by a solid fence or masonry wall.

(ii)

Carwashes.

(A)

(B)

Except as provided for in the above subsection, all carwashes shall comply with the regulations of subsection 2.4-11(a)(i) [subsection (a)(1),] Gasoline service stations above.

(Ordinance 1914 adopted 5/27/2025)

Sec. 10 Group Housing, Adult Group Home.

(a)

This use requires state licensing and only permits homes complying with the Community Homes for Disabled Persons Act.

(b)

A building permit shall be issued upon the applicant providing proof of meeting the state licensing requirements.

(Ordinance 1914 adopted 5/27/2025)

Sec. 11 Home Occupations.

(a)

(i)

Name of applicant;

(ii)

Location of residence where the home occupation will be conducted;

(iii)

Total floor area of the residence;

(iv)

Area of room or rooms to be utilized in the conduct of the home occupation;

(v)

A sketch with dimension showing the floor plan and the area to be utilized;

(vi)

The exact nature of the home occupation.

(b)

(c)

(d)

All home occupations shall comply with the following standards and criteria before permits can be issued:

(i)

The home occupation shall be conducted wholly within the principal building or accessory building;

(ii)

No more than one additional person other than the residents residing on the premises shall be employed or engaged in said home occupation at the premises;

(iii)

(iv)

(v)

No articles or materials used in connection with such home occupation shall be stored on the premises other than in the principal building or accessory building so used;

(vi)

(vii)

(Ordinance 1914 adopted 5/27/2025)

Sec. 12 Impounded Vehicle Storage Facility.

(a)

Temporary parking and storage of impounded operable or inoperable motor vehicles is limited to a period of time not to exceed 90 days.

(b)

All enclosed and unenclosed facilities must be paved with an all-weather surface.

(c)

Vehicles may not be salvaged, dismantled or repaired at the facility.

(Ordinance 1914 adopted 5/27/2025)

Sec. 13 Industrial.

All industrial uses shall conform to the following standards, which are established as minimum requirements.

(a)

Fire and explosion hazards.

(i)

(ii)

(iii)

The storage and handling of flammable liquids, liquefied petroleum, gases, and explosives shall comply with state rules and regulations.

(iv)

(b)

Smoke and/or air pollution control.

(c)

Vibration.

Vibration caused by an industrial activity shall not be detectable beyond the boundaries of the site on which the activity is conducted.

(d)

Noise.

Noise created by an industrial activity shall not adversely affect an adjoining property.

(e)

Glare and radioactive materials.

(Ordinance 1914 adopted 5/27/2025)

Sec. 14 Junkyards and Salvage Yards.

(a)

In addition to the requirements within the districts where such uses are permitted, the following requirements and regulations shall be complied with:

(i)

Dimension requirements.

(A)

Minimum lot area: Two acres.

(B)

Minimum lot location:

(1)

Distance from any residentially zoned district; or federal or state highway within the city: 300 feet.

(2)

Distance from any street right-of-way line: 25 feet.

(3)

Distance from any other property line: 20 feet.

(ii)

Buffering and screening.

(iii)

Site plan approval.

All such uses shall be required to have site plan approval in accordance with Article V, Division 3, Section 3 of this Development Code.

(Ordinance 1914 adopted 5/27/2025)

Sec. 15 Manufactured Home and/or Mobile Home Park/Community.

(a)

Location of parks.

(b)

Spatial requirements.

Requirements	Lot	Principal Building	Accessory Building
Minimum Area	3 acres	1,000 sf	Subject to Article II, Division 3, Section 4
Maximum Density	10 DU/acre
Minimum Street Frontage	40 ft
Maximum Lot Coverage	50%
Maximum Height		20 ft
Minimum Front Yard Setback		10 ft
Minimum Rear Yard Setback		10 ft
Minimum Side Yard Setback		5 ft
Minimum Side Corner Setback		10 ft

Refuse handling.

Dumpsters shall be collected at least twice weekly. Curbside service will be provided if streets are dedicated public streets.

(d)

Responsibilities of the park management.

(i)

(ii)

The park management shall notify park occupants of all applicable provisions of this Development Code and inform them of their duties and responsibilities under this Code.

(iii)

The park management shall supervise the placement of each manufactured home in conformance with the state manufactured housing standards act.

(iv)

The park management shall maintain a register containing the name and address of each occupant.

(v)

(vi)

The park management shall be responsible for all refuse collection charges for all units not separately metered with a water account in the name of the occupant.

(vii)

The park management shall be responsible for posting all lot numbers on each lot that each lot number is visible from the street and is at least four (4) inches in height.

(viii)

The park management shall be responsible for maintaining common areas, utilities, and private streets within the manufactured home park.

(ix)

(e)

Responsibilities of park occupants.

(i)

(ii)

Each park occupant shall be responsible for the proper placement of the manufactured home and installation of all utility connections in accordance with the state manufactured housing standards act.

(iii)

Skirting shall be required.

(iv)

Each park occupant shall dispose of all rubbish and garbage in accordance with Section 17(b) [subsection (c)] above.

(f)

Required.

(i)

(ii)

Each manufactured home park shall have minimum 20 percent of the area set aside for open space/park, and play area if children are permitted in the park. The play area shall be enclosed with a fence.

(g)

Application required.

(i)

(A)

The name and residence address of the applicant;

(B)

The exact location and a legal description of the park;

(C)

A complete site plan of the park, showing the following:

(1)

The area and dimensions of the tract of land;

(2)

The number, location and size of all manufactured homes and lots;

(3)

The location and width of roadways and walkways;

(4)

The location of all utility lines;

(5)

Plans and specifications of the water supply and refuse and sewage disposal facilities;

(6)

Plans and specifications of all buildings constructed or to be constructed within the park;

(7)

The location and details of lighting and electrical systems.

(h)

Grading and drainage.

The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.

(i)

Separation between buildings.

(j)

Water supply.

(i)

General requirements.

(ii)

Water distribution system.

(A)

The water supply system of the manufactured home park shall be connected by pipes to all manufactured homes, buildings and other facilities requiring water.

(B)

(C)

The water piping system shall not be connected with non-potable or questionable water supplies and shall be protected against the hazards of backflow or backsiphonage.

(iii)

Individual water riser pipes and connections.

(A)

Individual water riser pipes shall be located within the confined area of the manufactured home stand at a point where the water connection will approximate a vertical position.

(B)

(C)

(D)

A shutoff valve below the frost line shall be provided near the water riser pipe on each manufactured home lot.

(E)

Underground stop and waste valves shall not be installed on any water service.

(k)

Sewage disposal.

(i)

General requirements.

(ii)

Sewer lines.

(iii)

Individual sewer connections.

(A)

(B)

(C)

All materials used for sewer connections shall be semi-rigid, corrosive-resistant, nonabsorbent and durable. The inner surface shall be smooth.

(D)

(iv)

Sewage treatment and/or discharge.

(l)

Electrical distribution system.

(i)

General requirements.

(ii)

Power distribution lines.

(A)

(B)

(iii)

Individual electrical connections.

(A)

Each manufactured home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120-240 volts AC, fifty (50) amperes.

(B)

(C)

Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1.

(D)

Connectors, if not substituted by more than one (1) receptacle, shall be provided where the calculated load of the manufactured home is more than fifty (50) amperes.

(E)

The manufactured home shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors.

(F)

Required grounding:

(m)

Natural gas system.

(i)

Liquefied petroleum gas systems shall be installed and maintained in accordance with the applicable codes and regulations governing such systems.

(ii)

Liquefied petroleum gas systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(Ordinance 1914 adopted 5/27/2025)

Sec. 16 Mining and Mineral Extraction Operation.

(a)

This section does not apply to oil and gas operations.

(b)

(c)

(d)

Slopes shall not exceed 4:1 for portions of a pit more than six (6) feet deep and within 25 feet of a property line or right-of-way without an approved slope stabilization or shoring plan.

(e)

Fencing shall be erected and maintained around the entire site for the protection of the public safety and shall be of a type specified in Article III, Division 4 of this Code.

(f)

(g)

(h)

An operational and site plan must be submitted as a part of the Specific Use permit application and shall include the following information:

(i)

The areas to be mined and proposed phases.

(ii)

The location of permanent structures.

(iii)

Locations for storage piles.

(iv)

The points of access upon public roads and internal roads.

(v)

Screening and reclamation plans.

(vi)

Hours of operation.

(vii)

Estimated type and quantity of mineral materials to be removed.

(viii)

Description of extraction and processing methods and location of processing plant.

(ix)

Equipment to be placed on the site.

(x)

A summary of the procedures and practices that will be used to ensure compliance with the requirements of this section.

(xi)

A plan disclosing the final grades and elevation.

Vegetation shall be restored by appropriate seeds, grasses, or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water.

(iii)

(iv)

(Ordinance 1914 adopted 5/27/2025)

Sec. 17 Oil and Gas Wells.

(a)

Definitions.

Develop any well for oil or gas

Lease

Operate oil or gas leases or wells

Permittee

shall mean the person or company to whom is issued a permit for the drilling of a well under this chapter, and includes his administrators, executors, heirs, successors, and assigns.

Person

shall include both the singular and the plural; and shall mean and include any person, individual, agent, employee, firm, representative, partnership, association, corporation, cooperative, or trust.

Well

shall include and mean any hole or holes, bore or bores, to any sand, formation, strata or depth for the purpose of producing and recovering any oil, gas, liquid hydrocarbon, or any of them.

(b)

Required.

(c)

Use of streets; contract.

(i)

(ii)

(d)

Drilling oil and gas wells.

The following requirements shall apply to developing any well for oil and gas within the city limits of Kilgore, Texas.

(e)

Distance from buildings.

The development of any well for oil and gas for the purpose of exploring for and producing oil and gas is prohibited within the city boundaries within four hundred (400) feet of:

(i)

Any building that is residential, commercial, or industrial; occupied or unoccupied; or owned by the city, by Gregg or Rusk County, or by the State of Texas;

(ii)

Any public or private school; and

(iii)

A public-owned park, a public-owned playground, or a public-owned ball park.

(f)

Waiver form.

Any form used to obtain written permission of the owner of any building as required herein shall contain, as a minimum, the following information:

(i)

The name and address of the owner;

(ii)

(iii)

A clear and unequivocal statement that the owner may refuse to agree to the permitting of the well;

(iv)

A statement of notice to the owner that a permit to develop any well for oil or gas will not be granted until such time as the applicant complies with all the terms and provisions of this Chapter.

(g)

Application, information.

(i)

The date of such application;

(ii)

The name of the applicant;

(iii)

The address of the applicant;

(iv)

The proposed site of the well, including the name of the fee owner; the name of the lease owner; and a brief description of the land;

(v)

The type of derrick desired to be used (API recommended standards for depth to be drilled);

(vi)

The name of the operator;

(vii)

An oil spill emergency plan, a copy of which will be placed in the office of the emergency management coordinator;

(viii)

A materials safety data sheet (that includes any chemical at the location) to be placed in the office of the fire chief;

(ix)

Application to, or permit from, the Texas Railroad Commission;

(x)

Any waiver shall be supported by a scaled drawing of the proposed distance and an explanation of the need for such waiver.

(xi)

A statement of the type of steel and/or lined, earthen reserve/drilling mud pit(s) to be used and any request for additional capacity.

(h)

Placing application on record.

The application for a permit required by this chapter shall be placed and kept on record by the city clerk as a part of the public records of the city.

(i)

Fees; redrilling operations.

(j)

Form, executing; binding effect.

(k)

Granting or denial.

(l)

Refusal or withdrawal of permit; processing fee.

(m)

Termination for failure to commence operation.

(n)

Revocation.

(o)

Bond or other security required.

(i)

(ii)

New security.

If at any time the city council shall deem any permittee's security to be insufficient for any reason, it may require the permittee to file a new security.

(iii)

Any security required under the provisions of this section will be conditioned on the penalty of forfeiture to the City of Kilgore on the following:

(A)

That permittee will comply with all the terms and conditions of this chapter.

(B)

That permittee will promptly pay all fines, penalties, or other assessments imposed upon permittee by reason of his breach of any of the terms, provisions, and conditions of this chapter.

(C)

That permittee will remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants, and other property of the city, occasioned in any manner by permittee.

(D)

Maintenance of the drill site shall be according to the provisions of Subsection (g).

(E)

(iv)

Reduction in principal amount.

(v)

Violations of conditions.

It shall be unlawful for the principal of any security filed in accord with this section to violate any condition of such security.

(p)

Insurance required prior to drilling.

(i)

(A)

For bodily injury or death, one million dollars ($1,000,000.00) as to any one (1) person and three million dollars ($3,000,000.00) as to any one (1) accident.

(B)

For public liability for damage to property of others, one million dollars ($1,000,000.00).

(ii)

Cancellation.

(iii)

(q)

Maintenance of drill site and roads.

Operating oil and gas wells.

The following regulations shall apply to operating oil and gas wells.

Operating wells.

Insurance:

For a completed well, the permittee shall furnish a Texas Railroad Commission P-4.

(iv)

(v)

An operator within the city will remedy any and all damage to streets, curbs, gutters, water lines, fire hydrants, and other property of the city, occasioned in any manner by the operator.

(vi)

Free of litter; paint required.

(A)

(B)

(1)

Anytime that the majority (approx 50%) of the paint on the equipment has become damaged due to rust, flaking, peeling or discoloration, the equipment must be repainted.

(2)

The use of murals, themes or other designs are highly encouraged, but not required.

All painting of above ground equipment must follow the City of Kilgore Development Code, Article III, Division 6, Signs.

The City of Kilgore Fire Marshal or his designee shall have authority to enforce this subsection of the Oil and Gas Ordinance.

(t)

Motive power for post-drilling operations.

(u)

Reworking/redrilling.

The following shall apply to reworking and redrilling wells.

(v)

Redrilling or reworking - permit and fees.

(w)

Form, executing; binding effect.

(x)

Granting or denial.

(y)

Refusal or withdrawal of permit; processing fee.

(z)

Plugging and abandoning oil and gas wells.

The following shall apply to plugging and abandoning oil and gas wells.

Plugging wells.

Abandonment of wells.

The abandonment of wells shall be according to the regulations of the Texas Railroad Commission.

(cc)

Restoration of lease premises upon abandonment.

(dd)

Safety measures.

The following safety measure shall apply to development of any well for oil and gas.

(ee)

Well identification.

(ff)

Watchman.

(gg)

Equipment in streets.

When excessive trucking is required, the City of Kilgore Chief of Police shall be notified.

(hh)

Excavations, lines across streets.

(ii)

Escaping gas.

(jj)

Storage tanks.

Any storage tank shall be in compliance with the NPFA-30 (Tank Storage) although no storage tank may be constructed within fifty (50) feet of any building or street.

(kk)

Fire-extinguishing equipment.

(ll)

Escape, etc., of surface oil.

(mm)

Spilling, etc., of crude oil by railway loaders.

(nn)

Accumulations near tank.

(oo)

Drainage into ditches.

(pp)

Continuing use when hazardous.

(qq)

Definition of "fire hazard"; inspection; abatement.

Derrick - quality.

Derrick and rig.

Casing generally.

Casing; setting and cementing surface casing.

It shall be unlawful to drill a well for oil or gas without:

Casing and tubing.

Blow-out preventor (B.O.P.).

(xx)

Tubing.

All tubing used in any well within the city limits shall be steel tubing and meet API standards and specifications for such depth as required for the well.

Drilling fluid.

Drill stem tests.

Bradenheads.

Christmas tree and wellhead connections.

The wellhead shall include the equipment used to maintain surface control of a well including the casing head, tubing head, and the Christmas tree pertaining to the wellhead.

(ccc)

Application of requirements before pulling tubing.

(ddd)

Servicing of pumping wells.

(eee)

Fencing.

(i)

(ii)

The galvanized fencing material used in such fence shall be of two-inch mesh and shall be constructed of not less than eleven-gauge wire.

(iii)

(iv)

(v)

The fence around the location shall be maintained in good repair and shall be kept free of weeds, trees and vines.

(vi)

The City of Kilgore Fire Marshal or his designee shall have authority to enforce this section of this division.

(fff)

Disposal of salt water and frac fluid.

(i)

Adequate provision of disposal.

(ii)

Escape prohibited.

(iii)

Injection wells prohibited.

(iv)

Disposal outside city.

(ggg)

Slush, mud, etc., not to escape.

(i)

(ii)

Steel or lined, earthen reserve or drilling mud pits shall be permitted in connection with drilling operations. Pits may not exceed a total capacity of one thousand (1,000) barrels per drill site.

(iii)

(hhh)

Petroleum tanks.

(i)

Maximum capacity of single tanks.

(ii)

Maximum capacity of battery of tanks.

(iii)

Permit to construct; safety measures; inspection.

Fire walls.

The fire wall shall be constructed of earth or metal. If a metal fire wall is used it shall:

(A)

Be of a factory-manufactured galvanized, corrugated steel of not less than 10 gauge;

(B)

Have the base of the steel imbedded in the ground not less than five (5) inches;

(C)

Have support posts equivalent to three-inch Schedule 40 steel pipe, ASTM A 53 Type F, have a section modulus of not less than 1.72 and be sufficiently anchored in concrete; and

(D)

Have seam sealant on all seamed surfaces between all bolts for the full height of all overlapping sheets.

(iii)

State law relating to fire walls, etc.

Any violation of the laws of the state in reference to fire walls, fire protection and locations shall be a violation of this chapter.

(jjj)

Administration.

The following shall apply to administration of oil and gas wells and developing any well for oil and gas.

(kkk)

Appeals to city council from findings of officials.

(lll)

Effect on health ordinances.

(mmm)

Violation of state law or rules, regulations, etc., of state or federal regulatory body.

(Ordinance 1914 adopted 5/27/2025)

Sec. 18 Outdoor Storage and Display.

(a)

(b)

Outdoor storage or outdoor display that is legally in effect at the time of adoption of these standards shall be considered legally nonconforming.

(c)

(d)

(e)

Fire lanes and/or maneuvering isles shall be kept clear for vehicular and pedestrian maneuvering.

(f)

Outdoor storage and display may take place where designated off-street parking spaces are located as long as the minimum amount of required off-street parking is maintained on the property.

(g)

Any outdoor storage that is adjacent to a residential district shall be in compliance with the screening standards as outlined in Article III, Division 4, Screening (Fences and Walls).

(h)

All outdoor storage shall be made of a material that is resistant to damage or deterioration from exposure to the outside environment.

Exceptions to this section include:

(i)

(ii)

(iii)

Landscaping or an ornamental structure, including, but not limited to, a birdbath, plant container or statuette, placed in the front yard or on the front porch for landscaping purposes;

(iv)

Lawn furniture made of a material that is resistant to damage or deterioration from exposure to the outside environment;

(v)

Items located on a front porch and not visible from the street; or

(vi)

A vehicle displaying a registration insignia or identification card issued by the state to a permanently or temporarily disabled person.

(Ordinance 1914 adopted 5/27/2025)

Sec. 19 Propane Sales and Distribution.

(Ordinance 1914 adopted 5/27/2025)

Sec. 20 Recreational Vehicle (RV) or Trailer Park.

(a)

Recreational vehicles may be used for temporary living quarters in a properly zoned and approved recreational vehicle park subject to the following conditions:

(i)

No recreational vehicle may remain on a lot in a recreational vehicle park in excess of 15 days in any three month period.

(ii)

(iii)

(iv)

A recreational vehicle park shall not be located in a floodplain or floodway as designated on the city's flood insurance rate map.

(Ordinance 1914 adopted 5/27/2025)

Sec. 21 Personal Property Sales in Residential Districts (Yard Sales).

(a)

(b)

(Ordinance 1914 adopted 5/27/2025)

Sec. 22 Roadside (Produce) Stand.

(a)

Stands shall be placed outside of public right-of-way in clear visibility areas.

(b)

Stands may be placed within the front yard and within the front setback, subject to any other applicable requirements of the zoning district in which its located.

(Ordinance 1914 adopted 5/27/2025)

Sec. 23 Satellite Transmission Antenna.

(a)

(i)

Consider the public health and safety of satellite antenna facilities.

(ii)

Protect residential areas and land uses from potential adverse impacts of satellite antennas.

(iii)

Encourage users of satellite antenna facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(iv)

(v)

Avoid potential damage to adjacent properties from satellite antenna failure through engineering and careful siting of facilities.

(b)

Governmental satellite antennas shall be allowed as an accessory use in all zoning districts regardless of the size of the antenna.

Satellite antennas shall not be permitted in easements.

(iv)

No part of an antenna, or any attachment, may extend beyond the owner's property lines.

(v)

(Ordinance 1914 adopted 5/27/2025)

Sec. 24 Short-Term Rentals.

(a)

A short-term rental use shall be rented for periods of less than 30 consecutive days.

(b)

A short-term rental in a residential structure may not include the rental of less than an entire dwelling unit.

(c)

An owner or operator of a short-term rental use must obtain a certificate of business occupancy before a property may be used as a short-term rental.

(d)

An owner or operator must include the applicable occupancy limit for the short-term rental when advertising or promoting a short-term rental.

(e)

An owner or operator may not advertise or promote or allow another to advertise or promote a short-term rental in violation of the City Code or state law.

(f)

A guest of a short-term rental may not use or allow the use of sound equipment that produces sound in excess of 75 decibels at the property line between 10:00 a.m. and 10:00 p.m.

(g)

A guest of a short-term rental may not use or allow use of sound equipment that produces sound audible beyond the property line between 10:00 p.m. and 10:00 a.m.

(h)

A guest of a short-term rental shall not make or allow another to make noise or play a musical instrument audible to an adjacent business or residence between 10:30 p.m. and 7:00 a.m.

(Ordinance 1914 adopted 5/27/2025)

Sec. 25 Solar Energy Equipment.

(a)

(b)

A structurally attached solar collector is attached to an existing structure's roof or wall or serving as a structure's roof, wall, window, or other structural member.

(i)

Structurally attached solar collectors installed on a building with a sloped roof shall not project vertically above the peak of the roof.

(ii)

Structurally attached solar collectors installed on a building with a flat roof shall not project vertically more than five feet above the roof.

(iii)

Roof-mounted or structurally attached solar energy systems shall comply with the maximum height requirements in the applicable zoning district.

(c)

A building permit, electrical permit, or any other permit related to work required to install solar energy equipment shall be obtained prior to installation of any solar energy equipment.

(Ordinance 1914 adopted 5/27/2025)

Sec. 26 Temporary Uses and Structures.

(a)

Temporary construction office.

(b)

Temporary sales office.

(c)

Temporary batch plant.

(d)

Application for temporary permit.

Any person desiring such temporary permit must first submit an application for a permit to the City Manager setting forth the following information:

(i)

Date of the application;

(ii)

Name of applicant;

(iii)

Address of applicant;

(iv)

Proposed site of the temporary location of the temporary structure;

(v)

Type of temporary structure desired to be located on the property, including any Department of Housing and Urban Development decals or identification numbers;

(vi)

A statement that the temporary structure meets all state and manufacturers' guidelines;

(vii)

(viii)

The application shall be accompanied by a nonrefundable application fee as provided in appendix B of Kilgore Code of Ordinances.

(e)

Authority.

The City Manager shall have full power and authority for the granting or refusing of a temporary permit.

(f)

Terms and conditions.

If the City Manager grants the temporary permit, the permit will be issued upon the following terms and conditions.

(i)

The temporary structure must meet all state and manufacturers' specifications during the period permitted.

(ii)

The temporary structure shall have no permanent foundation.

(iii)

The temporary structure shall be limited to office use or residential use during the period of construction.

(iv)

If equipped with restroom and/or kitchen facilities, the temporary structure must be connected to the city or other approved water and wastewater disposal system.

(Ordinance 1914 adopted 5/27/2025)

Sec. 27 Transitional Housing.

(a)

(i)

(ii)

Dimensional requirements.

(A)

Maximum density: 26 units/acre.

(B)

Minimum lot area: 10,000 sq. ft.

(C)

Minimum lot width: 100 ft.

(D)

Minimum living area (per unit): 500 sq. ft.

(E)

(iii)

The site shall be oriented on/towards a major collector street.

(iv)

The site shall be screened from adjacent properties and rights-of-way except for entrance/exit from the site by a minimum a six-foot solid fence, masonry wall, or evergreen hedge.

(Ordinance 1914 adopted 5/27/2025)

Sec. 28 Vehicle Sales and Rental.

(a)

All outdoor items shall be displayed outside of the setbacks applicable to principal buildings.

(b)

Vehicle sales lots may include minor repair and maintenance if conducted completely within an enclosed building.

(c)

Major vehicle repair and collision services are only allowed if permitted within the applicable zoning district.

(d)

(e)

Barriers shall be provided on all vehicular sales lots to retain vehicles completely within the property and prohibit ingress and egress except at approved drive approaches.

(f)

Outdoor display areas shall be arranged in an orderly manner with items generally parallel to each other.

(g)

Construction of fences shall be in accordance with Article III, Division 4, Screening (Fences and Walls).

(h)

The storage/display area must be designated and approved on the site plan.

(i)

Units are anchored according to the manufacturer's specifications required for occupancy.

(ii)

The space between the ground and the floor level is completely enclosed, (i.e., skirted).

(iii)

Access sidewalks are provided; and

(iv)

Unpaved areas are landscaped and regularly maintained in accordance with a landscape plan approved by the City Manager.

(j)

(Ordinance 1914 adopted 5/27/2025)

Sec. 29 Veterinary Hospitals or Clinics.

(a)

In addition to the requirements applicable to such uses within the districts where such are permitted, the following requirements and regulations apply:

(i)

Such facilities shall be limited to the treatment, boarding up to 30 days, grooming, and short time breeding of domesticated animals such as horses, cats, and dogs.

(ii)

Minimum lot area: 10,000 square feet.

(iii)

Minimum lot width at the building line: 100 feet.

(iv)

(v)

(vi)

All buffering and screening shall be a solid fence, masonry wall, or evergreen hedge.

(vii)

No such facilities shall be permitted to have outside cages or runs except those permitted in industrial districts.

(viii)

(Ordinance 1914 adopted 5/27/2025)

Sec. 30 Wind Energy Turbines.

(a)

(b)

Wind energy production/generation shall not be the primary use of any property within the city except in AG Agricultural District, R-1 Residential Estate District, or I Industrial District.

(c)

The wind energy system shall not create a noise above ambient level on the adjacent property.

(d)

All portions of the wind energy system shall be a non-reflective, non-obtrusive color, subject to the approval of the City Manager.

(e)

(f)

The electrical collection system shall be placed underground within the interior of each parcel.

(g)

A building permit and any other permit related to work required to install wind energy equipment shall be obtained prior to installation of any wind energy equipment.

(Ordinance 1914 adopted 5/27/2025)

Sec. 31 E-Cigarette, Cigarette, Cigar and/or Tobacco Retail Shop and Tobacco Bar.

Any failure to comply with any term or condition of this section or all applicable regulations, as they exist or may be amended; or

(ii)

A certificate of occupancy for which a use authorized by this section is not applied for and issued within one hundred and eighty (180) days from the effective date of a SUP being granted; or

(iii)

The use for which the SUP is granted ceases to operate for a continuous period of one hundred eighty (180) calendar days; or

(iv)

A structure for which the SUP is granted remains vacant for a continuous period of one hundred eighty (180) calendar days; or

(v)

The SUP was obtained by fraud or deception; or

(vi)

Failure to comply with any and all applicable local, state or federal laws or regulations, as they exist or may be amended.

(e)

Penalty:

(Ordinance 1914 adopted 5/27/2025)