Kilgore City Zoning Code
ARTICLE V
ADMINISTRATION AND ENFORCEMENT
Sec. 1 City Council.
The city shall have the power through the City Council, with the assistance of the Planning and Zoning Board, to adopt and enforce (i) a master plan for the growth, development and beautification of the city; (ii) ordinances establishing rules and regulations governing the platting or subdividing of land within the city and within the city's extraterritorial jurisdiction (ETJ); (iii) ordinances dividing the city into zones or districts for the purpose of promoting the public health, safety, order, convenience, prosperity and general welfare through the regulation and control of land use, the size, height, bulk and use of buildings within such zones or districts, and building setback lines as authorized by law.
See Home Rule Charter, Article II, for Creation and Powers of the City Council.
(Ordinance 1914 adopted 5/27/2025)
Sec. 2 Planning and Zoning Board.
See Home Rule Charter, Article XII, for creation and powers of the Planning and Zoning Board.
(Ordinance 1914 adopted 5/27/2025)
Sec. 3 City Manager.
(a)
The City Manager is hereby designated by the City Council as the administrative official to supervise the administration and enforcement of this Code. The City Manager may appoint a designee to help him/her with the duty of administering the provisions of the Code and securing compliance of the regulations. The City Manager shall:
(i)
Conduct inspections as necessary to ensure the purpose and intent of this Code is met and, if an inspection reveals any instances of noncompliance, to initiate appropriate action to ensure compliance.
(ii)
Investigate thoroughly any complaints of alleged violations of this Code and clearly document the decision made regarding the complaint in writing for public record.
(iii)
Document in writing the remedy of all conditions or violations of this Code found to exist in or on any premises.
(iv)
Request the assistance of the city attorney in taking appropriate legal action upon the failure of the responsible party to comply with such violation order within the time specified.
(b)
Whenever the City Manager determines that a violation of this Code exists, he/she shall act as follows:
(i)
Give written notice of the violation to the occupant and the owner shown on the most recent tax roll of the city, and to the holder of the certificate of occupancy, if different from both the occupant and owner. The notice shall include:
(A)
A description of the location of the property involved, either by street address or by legal description.
(B)
A statement indicating the nature of the violation and reason or reasons why the notice of violation is issued.
(C)
A specification of the section or sections of this Code upon which the notice of violation is based.
(D)
A general description of the things that are required to be done in order that the premises comply with the provisions of this Code.
(E)
A statement showing the time within which the work must be completed to comply with the provisions of this Code. This timeline may not be less than ten days nor more than 90 days from the date of such written notice.
(F)
The name or names of the persons upon whom the notice of violation is served.
(G)
A statement advising that, upon the failure to comply with the requirements of the notice, the city shall take such enforcement procedures as may be required to secure compliance and to punish for continued violation.
(H)
A statement advising of the procedures available for review of the action of the City Manager as set out in this Code.
(ii)
Issuance of the notice:
(A)
The written notice required by this ordinance will be considered served if it is personally delivered to the person or people to whom it is required by the ordinance's provisions. If it cannot be delivered in person within the city, it will be considered served by sending a copy of the notice to the last known address of the person or people and posting a copy of the notice in a prominent location on the property.
(B)
If such notice is not complied with within the time specified in the notice, then the City Manager shall use all available means of enforcement to secure compliance.
(C)
The City Manager shall not enforce compliance if/while an appeal of administrative official's decision is filed and under review. If the Board of Adjustment has taken a decision and the decision of the enforcing official has not been reversed then the City Manager shall use all available means of enforcement to secure compliance.
(c)
Revocation of certificate of occupancy.
(i)
When any notice has been issued and such notice becomes an order within the terms of this Code, the certificate of occupancy shall be automatically revoked on the premises covered by such order.
(ii)
It shall be unlawful for any person to occupy or use any premises as to which the certificate of occupancy has been revoked, except that use is permitted in the process of restoring and bringing about compliance with the ordinance. Any person convicted of violating this provision shall be punished as provided in this Code. Each day such violation continues shall constitute a separate offense.
(Ordinance 1914 adopted 5/27/2025)
Sec. 4 Board of Adjustment.
(a)
Creation, members.
The Board of Adjustment shall consist of five members, each to be appointed by a majority of the city council for a term of two years and removable for cause by the appointing authority.
(b)
Vacancies shall be appointed by the original appointing authority with a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any reason.
(c)
Powers.
The Board is hereby vested with power and authority, in appropriate cases and subject to appropriate conditions and safeguards, to make exceptions to the terms of this Section, in harmony with its general purpose and intent and in accordance with general or special rules, for the purpose of rendering full justice and equity to the general public. The Board of Adjustment shall have the power to:
(i)
Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code.
(ii)
Hear and decide special exceptions to the terms of this Code upon which the Board is required to pass under this Code.
(iii)
Authorize upon appeal in special cases such variances from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.
(iv)
In exercising its powers, the board may, in conformity with the Texas Local Government Code; revise or reform, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is received.
(d)
Meetings.
The Board may adopt rules to govern its proceedings; provided that such rules are consistent with this Section. Meetings of the Board shall be held at the call of the chairman, who may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(e)
Required number of votes.
The concurring vote of four members of the Board shall be necessary to revise any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the application on any matter upon which it is required to pass under this Code, or to affect any variance in this Code.
(f)
Appeals to court.
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten days after the filing of the decision in the office of the City Manager.
(Ordinance 1914 adopted 5/27/2025)
Sec. 5 Review Authority.
Application Type | City Manager | Planning & Zoning Board | City Council | Board of Adjustment |
|---|---|---|---|---|
Annexation | R | D + PH | ||
Comprehensive Plan Amendment | R | R + PH | D + PH | |
Rezoning | R | R + PH | D + PH | |
Special Use Permit | R | R + PH | D + PH | |
Planned Development District | R | R + PH | D + PH | |
Site Plan | D | A | ||
Minor Plat | D | A | ||
Amending Plat | D | A | ||
Replat | R | D | A | |
Preliminary Plat | R | D | A | |
Final Plat | R | D | A | |
Review of Subdivision Improvement Plans | D | A | ||
Acceptance of Subdivision Improvements | R | D | ||
Unified Development Code Amendments | R | R + PH | D + PH | |
Administrative Decision Appeal | D + PH | |||
Special Exception (Unified Development Code) | R | D + PH | ||
Variance (Unified Development Code) | R | D + PH | ||
Variance to the Requirements of the Engineering Design Manual (EDM) | D | A | ||
Amortization (closing a nonconforming use) | R | D + PH |
R = Recommendation D = Decision A = Appeal PH = Public Hearing |
(Ordinance 1914 adopted 5/27/2025)
Sec. 1 Application Submission, Contents, and Fees.
(a)
Applications.
Information concerning submittal requirements, contents, and fees are available at the Kilgore's City Hall. All applications required by this Code shall be submitted to the City Manager, unless otherwise specified.
(b)
Authority to file applications.
The person having legal authority to take action according to the approval sought shall file an application for development review or approval under this Code. The person having legal authority is presumed to be the recordowner, purchaser under a sale or option to purchase, or the duly authorized agent of the recordowner. Agents may only submit applications where the owner indicates consent in writing.
(c)
Contact person.
The applicant shall designate one person on the application as the primary contact person. The City Manager will communicate with the contact person about the application and review procedures. It is the contact person's responsibility to inform the owners or applicant of such information.
(d)
Changes.
The applicant shall notify the City Manager in writing if there is to be a change in the contact person. The City Manager will continue to communicate with the designated contact person until the notice of change has been received.
(Ordinance 1914 adopted 5/27/2025)
Sec. 2 Application Content and Fees.
(a)
The City Manager is authorized to establish submittal requirements for all development applications required by this Code and to update and amend such requirements as necessary to ensure effective and efficient review.
(b)
Applicants shall refer to the submittal requirements for each type of development application. The applicant shall provide any additional information, documents, or other material relevant to the application that the City Manager reasonably believes is necessary to evaluate, analyze, and understand the subject matter of the application.
(c)
The City Manager may waive, or recommend that certain submittal requirements are waived, to reduce the burden on the applicant and to tailor the requirements to the information necessary to review an application. The City Manager may waive, or recommend waivers, to the application content in cases where the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly justify such waiver.
(d)
Non-refundable fees are required at the time of the filing of any development application and are payable to the city in accordance with the fee schedules adopted by City Council. The City Council may require, in addition to the fees above, that the applicant pays all or a portion of the reasonable fees charged by private consultants retained by the city for the purposes of reviewing the application and advising city officials. The City Manager will notify the applicant prior to retaining any such consultant and the necessary required fees.
The city shall adopt and amend from time to time a fee schedule setting forth an assessment of fees to defray the cost of processing development applications under this section. The fee schedule, as amended, can be found in Appendix B of the Code of Ordinances. At the time of submittal, all applications shall include required fees.
(Ordinance 1914 adopted 5/27/2025)
Sec. 3 Completeness Review.
(a)
All application submissions must be complete prior to any processing by the City Manager. A complete application includes all the submittal information identified on the application form, in this Code, and any items or exhibits requested by the City Manager that are consistent with the standards and requirements of this Code. A complete application is also accompanied by the applicable fee.
(b)
An incomplete application shall be denied. The acceptance of an application for completeness review does not bind the city to accept an incomplete application.
(c)
The City Manager shall determine whether an application is complete no later than ten calendar days after the official submission of the application. Staff shall make their determination of an incomplete application in writing. An e-mail to the applicant shall be considered a determination in writing.
(Ordinance 1914 adopted 5/27/2025)
Sec. 4 Review and Action by City Authorities.
(a)
The proper review authority (City Manager, Planning and Zoning Board, City Council, or Board of Adjustment) is established for each type of application procedure outlined in this Article.
(b)
The review authority's recommendation and decision-making authority's action shall be based on the evidence presented and compliance with the general review criteria identified in this Article V, Division 1, Decision-Making Entities, Division 2, General Procedures and Amendments, Section 5, General Review Criteria below and the specific review criteria for each process outlined below in Division 3, Specific Procedures and Amendments.
(c)
The review authority shall make a recommendation, and decision-making authority shall take action based on evaluation of the application, referral comments, staff report, and public testimony, if any, to approve, approve with conditions, continue for additional information or for further study, or deny the application.
(d)
An applicant shall have the right to withdraw an application, without prejudice, at any time prior to action on the application at a public hearing or meeting. The applicant shall submit the withdrawal request in writing to the City Manager, and after such withdrawal, the city will not take further action on the application. The application shall be considered terminated, and no rights shall vest based on the application. To re-initiate review, the applicant may resubmit the application. In all respects, it shall be treated as a new application for purposes of review, scheduling, and payment of application fees. Withdrawal of an application from a public hearing or meeting agenda is at the review or decision-making authority's discretion.
(e)
The review or decision-making authority may continue the public hearing for its consideration of the application for a definite time not to exceed 60 days, unless a longer period is agreed to by the applicant in writing or at a public hearing. The continuance may be granted by the review or decision-making authority on its own initiative or at the request of the applicant or affected property owners. A review or decision-making body may also deny a request for continuation.
(f)
As part of its consideration of the application, the review or decision-making authority may, as a group or through a committee appointed for that purpose, inspect the site of the proposed development activity. The site visit may occur at any time prior to the review or decision-making authority's final recommendation or action on the application. Attendance at a site visit by a quorum of the subject review or decision-making authority membership shall be properly noticed according to law.
(g)
Recommendations or decisions at the conclusion of any required public hearing shall be accompanied by written findings of fact addressing how the application does or does not comply with the general review criteria or specific review criteria stated in this Code for that type of application. All findings of fact shall be based on information contained in the application, staff report, or evidence submitted or arising during the public hearing.
(h)
Conditions may be attached to approvals, subject to the following provisions. The review or decision-making authority may recommend or impose such conditions upon the subject development as is necessary to carry out the general purpose and intent of this Code. Conditions and additional information requirements shall be in written form and attached to the approved ordinance, site plan, or permit.
(i)
Conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development and shall be based upon the review criteria specified in each procedure.
(j)
The decision-making authority may place specific time limits on the satisfaction of any condition of approval. If a time limit is not specified by Chapter 245 of the Texas Local Government Code, in the approval, or in the specific provisions of this Code, a one year time limit shall apply.
(k)
The decision-making authority may require financial guarantees from the applicant where it finds such guarantees are necessary to ensure compliance with conditions of approval and protect the public health, safety, or welfare. The city shall release such guarantees when the City Manager has determined that all conditions attached to the approval have been or will be satisfied.
(l)
Conditions of approval shall be met, or financial guarantees provided prior to the issuance of a certificate of occupancy, or the appropriate final permit required by the city.
(Ordinance 1914 adopted 5/27/2025)
Sec. 5 General Review Criteria.
(a)
Unless otherwise specified in this Section or the specific procedure, city review and decision- making bodies shall review all development applications submitted pursuant to this Code for compliance with the general review criteria stated below. The application may also be subject to additional review criteria specific to the type of application.
(b)
In case of conflict between the general review criteria set forth in this Section and the specific review criteria, the specific review criteria shall apply.
(c)
A development application must follow these review criteria prior to the issuance of a certificate of occupancy or the appropriate final permit required by the city unless these are in conflict with specific criteria provided elsewhere in this Article and/or unless otherwise provided for in the development approval. These general review criteria are:
(i)
Consistency with comprehensive plan.
The proposal is consistent with the City of Kilgore's Comprehensive Plan and any applicable adopted plan. The decision-making authority shall weigh competing plan goals, policies, and strategies and may approve an application that provides a public benefit even if the development is contrary to some of the goals, policies, or strategies in the City of Kilgore Comprehensive Plan or other applicable plans.
(ii)
Compliance with use and development standards.
The proposal complies with all applicable use standards, site development standards, design standards, subdivision standards, public improvement standards, floodplain management standards, and all other applicable substantive standards stated in this Code, or other applicable city code. Such compliance shall be applied at the level of detail required for the subject submittal, and those standards which are not otherwise modified, varied, or waived as allowed by this Code.
(iii)
Compliance with other applicable regulations.
As applicable, prior to final approval of the proposed development, the proposed development complies with all other city regulations and with all applicable regulations, standards, requirements, or plans of the federal or state governments and other relevant jurisdictions, including but not limited to wetlands, water quality, erosion control, roadways, and wastewater regulations.
(iv)
Minimize adverse environmental impacts.
The proposed development meets or exceeds all environmental protection standards of the Code and other city codes and is designed to minimize negative impacts and does not cause significant adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, scenic resources, wildlife habitat, soils, native vegetation, and the natural functioning of the environment.
(v)
Minimize adverse impacts on surrounding property.
The proposed development protects the existing character of neighboring properties and uses and does not cause significant adverse impacts on surrounding properties.
(vi)
Minimize adverse fiscal or economic impacts.
The proposed use will not result in significant adverse fiscal or economic impacts on the city.
(vii)
Compliance with utility, service, and improvement standards.
As applicable, the proposed development complies with federal, state, county, and/or service district standards and design/construction specifications for roads, access, drainage, water, sewer, schools, and emergency/fire protection.
(viii)
Provide adequate road systems.
There is adequate road capacity available to serve the proposed use, and the proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety, and EMS services.
(Ordinance 1914 adopted 5/27/2025)
Sec. 6 Public Notice Requirements.
(a)
Unless otherwise stated in this Code, notice for all public hearings shall be given pursuant to this section. Notice may be written (mailed), and/or published (newspaper), as further described in this section. Agenda notice shall be posted and published on a board at the City Hall and on the city's website a minimum of 72 hours prior to a meeting.
(b)
Published notice.
When the provisions of the Zoning Ordinance require that notice be published, the city shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation that has been selected by the city. Notice of the public hearing shall be given by publication one time of a legal notice in a newspaper of general circulation in the city at least 16 days prior to the date of the hearing.
(c)
Written notices.
When the provisions of this Code require that written or mailed notice be provided, the City Manager shall be responsible for preparing and mailing the written notice, in accordance with the following:
(i)
Written notice of a public hearing shall be mailed at least 11 days in advance of the public hearing.
(ii)
The owner of the property, and all owners of real property, as shown by the most recent tax roll of the city, within 200 feet of the property on which the approval is sought shall be notified of the public hearing by mail.
(iii)
The written notice shall contain the following information:
(A)
The date, time and place of the hearing.
(B)
A description reasonably calculated to inform a person of the location of the property which is the subject of the hearing.
(C)
The sections of the code pertinent to the hearing procedure.
(D)
A statement that written documents may be examined and written comments accepted during normal business hours in the office of the city secretary at City Hall. E-mailed statements to the city will be considered in lieu of written documents mentioned above.
(d)
Mailed notice to property owners shall be required only for the initial presentation of the proposed development at a public hearing. Additional mailed notice in the case of a continuance or other situation where the hearing is continued with a specific future date, and/or a decision is deferred to a future date at the initial public hearing shall not be required unless otherwise directed by the City Council.
(e)
The applicant shall be responsible for paying any additional fees for the purposes of re-notifying adjacent property owners if the hearing is deferred or continued at the applicant's request. The City Manager shall be responsible for preparing and mailing additional notices.
(f)
If an item scheduled for initial presentation at a public hearing is withdrawn by the applicant without having been presented, then the applicant shall pay any additional fees for the purposes of re-notifying adjacent property owners of the future meeting at which the item will be considered in accordance with this section.
(Ordinance 1914 adopted 5/27/2025)
Sec. 7 Changes and Amendments.
(a)
The City Council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations established in this Code.
(b)
Before taking action on any such proposed amendment, supplement or change, the City Council shall submit the same to the Planning and Zoning Board for its recommendation and report.
(c)
A public hearing shall be held by both the Planning and Zoning Board and by the City Council before adopting any proposed amendment, supplement or change. Notice of such hearing shall be given as follows:
(i)
In the event the change affects less than one quarter area of the city:
(A)
Notice of the public hearing before the Planning and Zoning Board shall be given by posting an agenda in conformance with the Texas Open Records Act.
(B)
Written notice of all public hearings before the Planning and Zoning Board on a proposed amendment or change shall be sent to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the change is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner as ownership appears on the last approved city tax roll.
(C)
Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.
(ii)
In the event the change affects the overall City and/or more than one-quarter area of the city:
(d)
Unless such proposed amendment, supplement or change has been approved by the Planning and Zoning Board, or if a protest against such proposed amendment, supplement or change has been filed with the city clerk, duly signed and acknowledged by the owners of twenty percent or more either of the area of the lots included in such proposed change or lots immediately adjacent and extending 200 feet from the lot/s proposed for change, or of lots directly opposite extending 200 feet from the street frontage of such opposite lots, such amendment shall not become effective except by a three-fourths vote of the city council.
(e)
The official zoning map of the city shall be kept in the office of the City Manager, and all changes in district boundaries shall be noted on this map immediately after approval by the City Council.
(Ordinance 1914 adopted 5/27/2025)
Sec. 8 Building Permits and Certificates of Occupancy.
(a)
Permit required.
No permit shall be issued unless the subject property has an approved final plat recorded in the real property division of the county where the subject property lies.
(i)
A property owner shall obtain a building permit and/or a site permit from the city prior to developing or redeveloping land within the city limits or within the city's extraterritorial jurisdiction (ETJ). A building permit and/or a site permit shall be issued by the city for the actions defined below and upon satisfactory evidence of compliance with the standards contained in this Code.
(ii)
All developments in the city require both a site permit and a building permit, except a single-family home on a single lot will require only a building permit and not a site permit. A site permit and/or a building permit is required for the following actions:
(A)
New construction, alterations, enlargement, or modification of building/structure;
(B)
Change, alteration, enlargement, or modification of Nonconforming uses;
(C)
Construction of public improvements;
(D)
Reclamation of land/drainage improvements (reclamation permit);
(E)
Sign placement and erection (sign permit); and/or
(F)
Grading and excavation of land (grading and excavation permit).
(iii)
Application for issuance of a permit.
(A)
The property owner shall submit an application on forms provided by the city for issuance of a building, or related permit. Each application shall be accompanied by the payment of a fee in accordance with the duly adopted schedule of fees to cover the costs of processing the application.
(B)
The city shall approve, conditionally approve, or deny the application within 30 days of filing as to the approval, conditional approval or denial of the application. If denied, the city shall cite reasons for denial and, if approved, a development or building permit shall be issued to the property owner. If the application is denied or conditionally approved, the property owner may make appropriate alterations or otherwise show evidence of meeting the standards of this Section. Conditional approval shall be considered denial until such time as the stated conditions are met by the property owner. Resubmission or providing additional information to meet conditions within 30 days shall not require payment of fees (unless meeting conditions requires a separate application).
(iv)
Site plans.
The property owner shall submit site plans, in accordance with Article V, Division 3 Specific Procedures and Amendments Plan Review, prior to obtaining a building permit under this Code. The property owner shall also provide a certified copy of any instrument which contains a restriction on the use of, or construction of, the lot, together with a certified copy of any amendment, judgment or other document affecting the use of the property.
(v)
A building permit shall expire two years from the time of issuance if no building construction occurs on the property per the issued permit.
(b)
Certificate of occupancy.
No person shall occupy, use or change the use of any building, structure or land until a certificate of occupancy and/or a certificate of business occupancy has been issued by the city stating that the building or proposed use of a building or structure or premises complies with the building code and other development codes of the city. A certificate of occupancy and/or a certificate of business occupancy shall be required for any of the following:
(i)
Occupancy and use of a building or structure hereafter erected, altered or structurally altered.
(ii)
Change in use of an existing building or structure to a use of a different zoning and/or building code classification.
(iii)
Occupancy and use of vacant land except for agricultural purposes.
(iv)
Change in the use of land to a use of a different classification.
(v)
Any change in the use of a nonconforming use.
(c)
The certificate of occupancy and/or a certificate of business occupancy shall state that at the time of issuance the structure or the proposed use of the land complies with the provisions of this Code. The city shall maintain a record of all certificates of occupancy and certificates of business occupancy, and such record shall be open for public inspection.
(d)
Where a new building or structure, or an existing building or structure, is proposed to be altered, the application for a building permit shall also be considered an application for a certificate of occupancy. Before occupying such building a certificate of business occupancy shall also be required.
(e)
Where the owner proposes to use vacant land, or proposes to change the use of land, or of a building or structure, or for a change in a nonconforming use, a separate application form provided by the city shall be used.
(f)
Upon determination that the request for a certificate of occupancy and/or a certificate of business occupancy meets all standards as contained in this Code, the city shall issue a certificate of occupancy and/or a certificate of business occupancy within ten days.
(Ordinance 1914 adopted 5/27/2025)
Sec. 1 Rezoning and Specific use Permits.
(a)
Any person having a proprietary interest in any property may petition the city for a change or amendment to the provisions of this ordinance as it pertains to that property or the Planning and Zoning Board, City Council, or City Manager may on its own motion or on request from the City Council, may institute a study and proposal for changes and amendments in the public interest.
(b)
Approval criteria.
Rezoning and specific use permit requests are both reviewed for compliance with the Comprehensive Plan, the provisions of this Code, and impact of the request on surrounding properties.
(c)
Approval procedure.
The procedure for approval of both a rezoning request or a specific use request shall follow the requirements of Chapter 211 of the Texas Local Government Code and the following process:
(i)
Whether city-initiated or applicant-initiated, city staff will prepare a staff report on the proposed rezoning or specific use permit request and submit it to the Planning and Zoning Board.
(ii)
Public notice of the proposed rezoning or specific use permit request will be completed in accordance with State law and this Code (see Article V, Division 2, Section 6, Public Notice Requirements).
(iii)
Following public notice, the Planning and Zoning Board will hold a public hearing and consider the proposed rezoning or specific use permit request and make a recommendation to the City Council.
(iv)
City Council will hold a public hearing and consider the recommendation of the Planning and Zoning Board. If the City Council is in favor of the proposed rezoning or specific use permit request, they will adopt it by ordinance in accordance with State law and the City Charter.
(d)
Submittal checklist.
All requests for changes in zoning districts or specific use permits shall include the proposed designation or designations for the area concerned and shall be accompanied by an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council. In addition to the required fee, each application shall contain the following information:
(i)
Accurate legal description of the subject property which is either a lot and block number to a plat of record in the Gregg or Rusk County deed records or a metes and bounds description which will close and properly identify the property;
(ii)
Location and street address of subject property.
(iii)
Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas.
(iv)
Current zoning classification.
(v)
Current status of development of subject property including general statement of its development and description of all existing improvements.
(vi)
The desired zoning classification or specific use.
(vii)
Applicant's reasons for desiring zoning change or specific use.
(viii)
Existing deed restrictions, proposed deed restrictions.
(ix)
Current status of planning and proposed development and time required for proposed development.
(x)
Surveyor's map or plat of the proposed property if deemed necessary by the City Manager; and
(xi)
Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application.
(e)
Standards for approval.
(i)
The Planning and Zoning Board and the City Council shall consider the following when reviewing an application for rezoning of property:
(A)
Approval of the request is compatible with the comprehensive plan.
(B)
Approval of the request shall not cause spot zoning to occur.
(C)
Approval of the request will not allow development of the property in a manner incompatible with neighboring properties, unless the neighboring properties are non-conforming and/or not in compliance with the comprehensive plan and approval of the rezoning will bring the requested property in compliance with this Code and the City's Comprehensive Plan, and
(D)
Approval of the request will allow all land uses of the requested zoning district on the property.
(ii)
The Planning and Zoning Board and the City Council shall consider the following when reviewing an application for a special use permit on a property:
(A)
Conformance with applicable regulations and standards established by this zoning ordinance.
(B)
Compatibility with the Comprehensive Plan.
(C)
Compatibility with existing or permitted uses on neighboring properties in terms of building height, bulk, scale, setbacks, open spaces, landscaping and site development, and access and circulation capacity; unless the neighboring properties are non-conforming and/or not in compliance with the Comprehensive Plan and approval of the specific use permit will bring the requested property in compliance with this Code and the City's Comprehensive Plan.
(D)
Potentially unfavorable effects or impacts on existing or permitted uses on adjacent sites, to the extent such impacts exceed those that reasonably may result from use of the site by a permitted use, including without limitation:
(1)
Location, lighting and type of signs, and the relation of signs to adjacent properties.
(2)
Noise producing elements.
(3)
Glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood.
(4)
Safety from fire hazard, and measures for fire control, and
(5)
Protection of adjacent property from drainage, floods, erosion or other water damage.
(E)
Safety and convenience of vehicular and pedestrian circulation on the premises and in the area immediately surrounding the site, and the effect of traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and proposed land uses in the area and the ability of the city's existing transportation network to handle the traffic.
(f)
Effect of denial.
"Denial with prejudice" of the rezoning request by the City Council will require a two-year wait period before a similar request on that property can be reconsidered. A simple "Denial" of the rezoning request by the City Council will require a six-month wait period before a similar request on that property can be reconsidered.
(g)
Validity.
Approval of a zoning district or specific use permit request is not time or owner specific but stays with the property until such time that the entire process is repeated to change the zoning district or specific use permit requirements on the property. Except a specific use permit shall automatically expire in the following cases:
(Ordinance 1914 adopted 5/27/2025)
Sec. 2 Planned Development Districts.
(a)
Purpose and objectives.
The purpose and intent of the Planned Development (PD) district is to create unified standards for development to provide flexible, customized zoning and subdivision standards to encourage imaginative and innovative designs for the development of property in the City consistent with this Code and in accordance with the City of Kilgore Master Plan. The PD rules are designed:
(i)
To allow development which is harmonious with nearby areas.
(ii)
To enhance and preserve areas which are unique or have outstanding scenic, environmental, cultural or historic significance.
(iii)
To provide an alternative for more efficient use of land, resulting in smaller utility networks, safer streets, more open space and lower construction and maintenance costs.
(iv)
To encourage harmonious and coordinated development by developing plans that better address natural features, community facilities, circulation patterns and surrounding properties and neighborhoods.
(v)
To enable productive development of land with unusual physical or location characteristics that may not be feasible under standard zoning district regulations.
(vi)
To provide and result in an enhanced residential and/or work environment for those persons living and/or working within the district; and
(vii)
To require the application of professional planning and design techniques to achieve overall coordinated mixed-use developments and avoid the negative effects of piecemeal, segregated, or unplanned development.
(b)
The PD plan shall be prepared in accordance with the following provisions:
(i)
Mixed-use development.
The PD district may include and allow for compatible mixed uses such as compatible residential, commercial, and/or industrial uses within a single project to provide the flexibility required for a well-designed and innovative development. Zoning uses may also be vertically integrated within a building or area.
(ii)
Flexible planning.
When considering a PD, the unique nature of each proposal for a PD may require, under proper circumstances, the departure from the strict enforcement of certain present codes and ordinances. Final approval of a PD by the City Council shall constitute authority and approval for such flexible planning to the extent that the PD, as approved, departs from existing codes and ordinances. The flexibility permitted for a PD does not imply that any standard or requirement will be varied or decreased.
(c)
Approval procedure.
The procedure for approval of PD request shall follow the requirements of Chapter 211 of the Texas Local Government Code and the following process:
(i)
City staff will prepare a staff report on the proposed PD request and submit it to the Planning and Zoning Board.
(ii)
Public notice of the proposed PD request will be completed in accordance with State law and this Code (see Article V, Division 2, Section 6, Public Notice Requirements).
(iii)
Following public notice, the Planning and Zoning Board will hold a public hearing and consider the proposed rezoning or specific use permit request and make a recommendation to the City Council.
(iv)
City Council will hold a public hearing and consider the recommendation of the Planning and Zoning Board. In approving a PD, the City Council may require additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including standards and regulations for items listed below.
(d)
Submittal Requirements when requesting a PD.
(i)
List of additional uses not permitted in the base zoning district(s), if requested.
(ii)
Regulations and standards that are being requested to be varied from the base zoning district(s) in the PD, provided that the plan is consistent with sound urban planning and engineering practices, such as:
(A)
Front, side and rear setbacks.
(B)
Maximum height.
(C)
Lot coverage.
(D)
Off-street parking (a PD may propose a shared parking agreement, land use limitations or other proposal to reduce off-street parking requirements).
(E)
Special district requirements pertaining to the base zoning.
(F)
Lot size including, but not limited to, lot and yard area, widths, and depths.
(G)
Accessory buildings and uses.
(H)
Signage.
(I)
Landscaping and tree preservation.
(J)
Architectural features, building materials, and colors.
(K)
Outdoor lighting.
(L)
Fencing.
(M)
Outdoor display and storage.
(N)
Hours of operation.
(O)
Land use intensity and density.
(P)
Project phasing and scheduling.
(Q)
Building square footage.
(R)
Open Space/Green Space/Parkland requirements.
(S)
Other similar standards.
(iii)
Demonstration of how the PD shall result in overall higher standards than what would be provided by the base zoning district such as, but not limited to:
(A)
If residential lot sizes are decreased or development densities are increased, the PD will be expected to significantly exceed other standards such as green space and parkland, landscaping, architectural controls, thoroughfare or other transportation improvements, creation of unique characteristics of the neighborhood, retention of significant trees and/or provision of public facilities, etc.; or
(B)
If building/development setbacks are proposed to be decreased, other standards would be expected to be increased such as landscaping, retention of significant trees, architectural controls, land uses and/or unique site layout standards, etc.
(iv)
If the PD is proposed to be developed in multiple phases, the phasing of improvements shall reflect consideration toward establishing important PD objectives such as screening, landscaped areas, open space and recreational areas and amenities, necessary transportation improvements, and protections against negative impacts and safety features in the early phases of the PD.
(v)
Site plan.
A site plan of the entire property within the PD will be provided for consideration by the Planning and Zoning Board prior to any recommendation to, or consideration by, the City Council of the PD district ordinance. A PD site plan may also be considered as a preliminary plat for subdivision purposes if it meets the standards of a preliminary plat as contained in Article IV of this Code.
(A)
If an applicant requests that the PD site plan also be considered as a preliminary plat, the applicant shall pay fees in accordance with the most current adopted fees for such preliminary plat in addition to applicable PD zoning application fees and other related fees. In addition, the notification, expiration, extension, revision and responsibility rules contained in Article IV of this Code for the preliminary plat shall apply.
(B)
The following rules shall be applicable to the PD Site Plan:
(1)
Approval of a site plan will determine the location and mix of uses. If considered appropriate in the opinion of the City Council, the site plan will also contain additional standards deemed necessary to create a reasonable transition to, and protection of, adjacent property and public areas, including standards and regulations for items listed above.
(2)
The Planning Board and/or City Council may approve, request modifications, or deny approval of the site plan based on evaluation of details on the plan with respect to:
I.
The plan's compliance with all provisions of this Code and other ordinances of the city.
II.
The impact of the development on the surrounding properties and neighborhood.
III.
The relationship of the development to adjacent uses in terms of harmonious use and design, setbacks, maintenance of property values, and negative impacts.
IV.
The provision of a safe and efficient vehicular and pedestrian circulation system.
V.
The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely and conveniently arranged.
VI.
The sufficient width and suitable design and location of streets to accommodate prospective traffic and provide access for emergency equipment to buildings.
VII.
The coordination of streets to retain neighborhood integrity, adequate service for projected traffic, safety, protection of public welfare, and consistency with Street/Thoroughfare Plan of the City.
VIII.
The use of landscaping, screening and tree retention to provide buffers to shield lights, noise, movement or activities from adjacent properties, and to complement the design and location of buildings and be integrated into the overall site design.
IX.
The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses.
X.
The adequacy of water, drainage, sewerage facilities, garbage disposal and other utilities necessary for essential services to residents and occupants.
XI.
The method, timing and sequence of phasing of improvements for the PD.
XII.
Other similar aspects of the site plan.
(e)
Amendments.
Consideration of amendments to a PD will take into consideration the effect of the proposed development on the remainder of the property and adjacent properties and neighborhoods. Amendments to the PD that are substantive shall require public hearings in the manner required for any other zoning change.
(i)
Minor changes in the PD that do not affect the major features or characteristics of the PD or significantly change the boundaries of a use area shown on the site plan may be approved administratively as determined by the appropriate departments.
(A)
Minor changes shall not include changes that alter the basic relationship of the proposed development to adjacent property, change the uses permitted, increase the density, building height or coverage of the site, reduce yards provided at the boundary of the site or reduce the amount of land designated for open space.
(B)
Minor changes may include minor adjustments to lot lines, parking and loading areas, driveways, parking counts, building configurations and orientations, architectural design, building materials, landscape materials, tree retention, street alignments, sidewalks, drainage facilities, project phasing, lighting, signage, site layout, changes of five percent or less in the areas of land use or other similar features.
(f)
Ordinance amendment.
Every PD district approved under the provisions of this ordinance is considered an amendment of this ordinance as to the property involved. All PD districts will be referenced on the Zoning District Map.
(g)
Certificate of occupancy.
All PD district conditions, and special regulations must be complied with in the PD, or in the separate section or phase, before a certificate of occupancy is issued for the use of land or any structure which is part of a PD district, or, if applicable, the separate section or phase being developed.
(Ordinance 1914 adopted 5/27/2025)
Sec. 3 Site Plan Review.
(a)
A building permit may not be issued in the City of Kilgore without a site plan review for non single-family developments, or a specific use permit except for very small or accessory structures as exempted by the City Manager. A site plan review shall be required for new or expanded structures and any proposed redevelopment that is:
(b)
The City Manager shall have the authority to approve a site plan, except for a PD site plan, if it meets all the requirements of this Code.
(c)
The City Manager shall refer any site plan which the City Manager refuses to approve to the Planning and Zoning Commission for a decision if an appeal is filed by the applicant within ten days of the denial decision.
(Ordinance 1914 adopted 5/27/2025)
Sec. 4 Special Exceptions, Variances, Appeal of Administrative Officials Decision.
(a)
Any person having a proprietary interest in any property may petition the city for a special exception, or a variance to the requirements of this Code.
(b)
Any person affected by any decision of the City Manager pertaining to this Code may appeal that decision with the board of adjustment.
(c)
Approval procedure.
Any property owner wishing to apply for a special exception or a variance to requirements contained in this Code, or wishing to appeal the decision of an administrative official may make an application to the City Manager in the following manner:
(i)
All requests shall be submitted together with required fees to the City Manager which shall cause public notices to be sent as follows:
(A)
The notices shall follow requirements of Article V, Division 2, Section 6, Public Notice Requirements.
(B)
Notices of the public hearing before the Board of Adjustment shall be given by posting an agenda in conformance with the Texas Open Records Act;
(C)
Written notices of a public hearing before the Board of Adjustment for the proposed request shall be sent by mail to all owner(s) of real property that will be affected and to the owner(s) of real property lying within 200 feet of the properties on which the special exception is requested/being considered including the area of any intervening streets. Such notice shall be mailed 11 days before the date set for hearing by posting such notice, properly addressed and postage paid, to each property owner, as ownership appears on the last approved city tax roll; and
(D)
Notice shall also be published in the newspaper of record 16 days before the date set for the hearing.
(ii)
The City Manager shall provide to the Board all the background regarding the submitted request.
(iii)
The Board of Adjustment shall conduct the hearing of a special exception, or a variance, or an appeal as applicable, per the information provided in the public notice as well as due notice to the parties affected and make a decision within a reasonable time.
(d)
Submittal requirements.
(i)
All requests shall include an application fee for processing. These fees shall be in an amount set forth in the fee schedule adopted by the city council.
(ii)
In addition to the required fee, each application shall contain the following information:
(A)
Location and street address of subject property.
(B)
Name, address, and telephone number of the present owner(s) of the property, together with proof of ownership. Proof of ownership may be made with the original of a deed or other instrument of conveyance or by certified copy of such instrument or by owner's or mortgagee's policy of title insurance or by the attorney's opinion of title by any attorney licensed to practice law in the State of Texas.
(C)
Current zoning classification.
(D)
A narrative describing the applicant's reasons for desiring the proposed special exception, or a variance, or the reasons for appealing an administrative official's decision,
(E)
Comparison of existing requirements versus the proposed requirements per the request.
(F)
Impact of the request on surrounding properties.
(G)
Each application must be signed by the owner(s), or owner(s) agent, giving applicant's mailing address and his proprietary status with reference to the property. In addition, each application shall contain a certificate signed and sworn by the applicant stating that the applicant is the owner(s) or agent(s) of the owner(s) of the subject property and therefore authorized to make such application.
(iii)
Appeals of an administrative officials' decision shall be submitted within 15 days after the decision by the City Manager, by filing an application for a board of adjustment hearing specifying the reasons for the appeal. All proceedings regarding the action being appealed shall be stayed (halted), unless the City Manager certifies to the board of adjustment, that in his/her opinion, a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application and notice to the City Manager and on due cause shown.
(e)
Standards for approval.
(i)
The Board of Adjustment shall consider the following when reviewing an application for a special exception:
(A)
Granting the special exception will not adversely impact neighboring properties.
(ii)
The Board of Adjustment shall consider the following when reviewing an application for a variance:
(A)
Granting the variance is not contrary to the public interest when, owing to special conditions, a literal enforcement of this Code would result in unnecessary hardship, and so that the spirit of the ordinance will be observed, and substantial justice done.
(B)
Granting the variance is necessary to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope, that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning, and
(C)
The variance is not granted to relieve a self-created or personal hardship, nor for financial reasons only, nor to permit any person a privilege in developing a parcel of land not permitted by this chapter to other parcels of land with the same zoning.
(f)
Appeal of the Board's decision.
An appeal of the Board's decision may only be filed with a district court, county court, or county court at law within ten days after the date the decision is filed in the Board's office.
(g)
Validity.
Approval of the special exception or the variance is not time or owner specific but stays with the property.
(Ordinance 1914 adopted 5/27/2025)
Sec. 5 Amortization of a Nonconforming Use.
(a)
The Board of Adjustment shall, from time to time, on its own motion, or upon direction of the City Council, inquire into the existence, continuation or maintenance of any nonconforming use or structure within the city.
(b)
If the Board of Adjustment or the City Council determines that amortization of a nonconforming use is appropriate, the Board shall take specific action to abate, remove, limit or terminate any nonconforming use or structure under a reasonable plan where the owner's investment in the nonconforming use or structure can be recouped through amortization over a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this Code.
(c)
The Board of Adjustment shall conduct a public hearing for the purpose of determining a date certain for termination of the nonconforming use or removal of the nonconforming structure, or both, with respect to the property. A written notice of such hearing shall be given to the affected property owner at least 30 days prior to the hearing.
(d)
The Board of Adjustment shall establish a date for termination of the nonconforming use or removal of the nonconforming structure that shall give the property owner a reasonable opportunity to recover its investment in the nonconforming use and/or structure from the time such use or structure became nonconforming.
(e)
Recoupment of investment.
The Board of Adjustment shall measure the reasonableness of the opportunity for recoupment of the property owner's investment by conditions existing at the time such use or structure became nonconforming.
(f)
The City Manager shall provide the Board of Adjustment the following information:
(i)
Location and street address of subject property.
(ii)
Name, address, and telephone number of the present owner(s) of the property.
(iii)
Report from a certified professional accountant of the initial investment of the subject property's owner's actual investment in the structure(s) and business/use prior to the time that the use became nonconforming.
(iv)
Current zoning classification.
(v)
A narrative describing the reasons for requesting discontinuation of the nonconforming use, and
(vi)
Any other supporting documentation to support the reasons for the amortization request.
(g)
Standards for amortization.
The following factors shall be considered by the Board of Adjustment in determining a reasonable amortization period:
(i)
The owner's capital investment in structures, fixed equipment, and other assets that cannot reasonably be used in conformance with the zoning district regulations (excluding inventory and other assets that may be feasibly transferred to another site) made on the property before the time the use, the structure, or both, as applicable, became nonconforming.
(ii)
Costs of replacements, improvements or additions made after the structure or use became nonconforming shall not be included.
(iii)
Costs of the land or structures that reasonably can be used for a conforming use shall not be included.
(iv)
Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses and relocation expenses.
(v)
Recovery of investment, including net income and depreciation, and any profit or loss realized on the investment.
(vi)
General character of the neighborhood in proximity to the nonconforming use or structure and the necessity for all property within the city to conform to the regulations of the zoning ordinance.
(h)
Appeal of the Board's decision.
A person aggrieved by a decision of the Board; a taxpayer; or an officer, department, board, or bureau of the municipality may only file an appeal of the Board's decision to a district court, county court, or county court at law within ten days after the date the decision is filed in the Board's office.
(i)
Validity.
Once the Board of Adjustment establishes a compliance date for a nonconforming use, the use must cease operations on or before that date and it may not operate thereafter except in compliance with the applicable zoning district regulations. If the Board of Adjustment establishes a termination date for a nonconforming structure, the structure must be completely removed from the property by that date, by demolition or otherwise, and such structure may not be reconstructed or relocated in any other location in the city where it would not be in conformance with all provisions of the zoning ordinance.
(Ordinance 1914 adopted 5/27/2025)