This article shall be known as the "City of Kingsville Zoning Ordinance" and may be so cited and pleaded.

(1962 Code, § 11-1-1)

The zoning regulations and districts herein established have been made in accordance with a comprehensive plan for the purpose of protecting and promoting the health, safety, morals and the general welfare of the city. They have been designed to regulate and restrict the height, number of stories and size of buildings and other structures, the percentages of lot that may be occupied, the size of yards, courts and open spaces, the density of population and use of buildings, structures and land for trade, industry, residence, or other purposes.

(1962 Code, § 11-1-2)

(A)

This article applies within the corporate boundary of the city and such additional areas as may be authorized by the State of Texas and City Commission.

(B)

This article may be regarded as containing the minimum requirements for the protection of the public and shall not nullify more restrictive ordinances or laws. More restrictive covenants, conditions, or other private agreements shall not be nullified unless they contradict the public welfare or pose a hazard to life and property.

(C)

Any use or occupation of land previously approved as an exception and having the status of an approved exception upon the effective date of this article shall be permitted to continue as a lawful use or exception. The approved site plan and all other terms, covenants and conditions applicable as of the effective date of this article shall continue to apply and control the use and occupation of such land. However, any proposed change in the site plan or use shall be done in compliance with this article.

(D)

No building, structure or land may hereafter be used or occupied, and no building or structure or part thereof may hereafter be erected, constructed, moved or altered except in conformity with all applicable ordinances and regulations within the district in which it is located.

(E)

No part of a lot area, open space, off-street parking area or yard required for the purposes of complying with this article may be utilized to satisfy such requirements for any additional building or use.

(F)

Property owned by the State of Texas or the United States is subject to the regulations of this article only insofar as such authority is specifically authorized or may be delegated.

(1962 Code, § 11-1-3)

(A)

This zoning article, including boundaries of districts and regulations, may be amended, supplemented or changed by ordinance of the City Commission. The City Commission shall receive the report of the Planning and Zoning Commission prior to adopting any change or amendment to the zoning ordinance.

a.

The Planning and Zoning Commission shall conduct a public hearing, announcement of which shall be published once in a newspaper of local circulation fifteen (15) days prior to such hearing before acting upon any zoning matter.

i.

All property owners within 200 feet of the property on which the change is proposed shall be sent written notice not less than ten (10) days before the hearing date. The list of property owners shall be prepared from the last city tax roll listing all property owners who have rendered their property for city taxes. Notice is adequately served by depositing properly addressed and postage paid notice with the city post office. Property owners whose names do not appear on the city tax roll are adequately notified by the publication in a newspaper of local circulation.

b.

Following the Planning and Zoning Commission public hearing and report, the City Commission shall conduct a public hearing, announcement of which shall be published once in a newspaper of local circulation fifteen (15) days prior to such hearing before acting upon any zoning matter.

i.

Three-fourths (¾) vote of the members of the City Commission shall be necessary to make any change should a petition opposed to such change be presented by the owners of 20% of either the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom.

ii.

Three-fourths (¾) vote of the members of the City Commission shall be necessary to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement, or change be denied.

Vote of the City Commission means members eligible to vote. With a five (5) member commission, 3/4ths vote is 4 of 5 members eligible to vote. The absence of a commission member from a meeting does not change the number of votes required (ie, still 4 of 5). If a commission member were to die, resign, or be disqualified (ie, due to a conflict of interest), then that is considered a vacancy which reduces the number of eligible votes so that the vote would then be 3/4ths of the four (4) members eligible to vote.

c.

Applications for Special Use permits, changes of districts (rezones), or other applications which require notification or publication shall be accompanied by a fee of $250.00.

(B)

The fee for processing appeals to the Board of Adjustment shall be based on the actual costs of materials used, mailing, and publication costs as determined by the Planning Division of the Management Services Department, the fee to be payable prior to the scheduling of any hearing or appeal.

(1962 Code, § 11-1-4; Ord. 84009, passed 6-18-84; Ord. 90027, passed 6-25-90; Ord. 2014-44, passed 8-11-2014; Ord. No. 2020-19, § I, passed 4-2-20)