This ordinance [chapter] shall be known and may be citied as the "Zoning Ordinance for the City of Palestine, Texas." The map herein referred to is identified by the title, "Zoning Map of the City of Palestine, Texas," and all explanatory matter thereon is hereby adopted and made a part of this ordinance [chapter]. It may be referred to as the "zoning regulations," or the "code."

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

This City of Palestine Zoning Ordinance shall take effect and be in force from and after December 1, 2017.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

The Palestine Zoning Ordinance is enacted pursuant to the powers granted and limitations imposed by laws of the State of Texas, including the statutory authority granted in the V.T.C.A. Local Government Code Chapter 211, and all other relevant laws of the State of Texas. Whenever any provision of the zoning ordinance refers to or cites a section of the Texas Revised Statutes and that section is later amended or superseded, the zoning regulations shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

It is the intent of this ordinance [chapter] to promote, the safety, morals, public health, or general welfare, of the citizens of the City of Palestine, Texas and protecting and preserving places and areas of historical, cultural, or architectural importance and significance in the City of Palestine, Texas in accordance with present and future needs of the city and its citizens. Furthermore, the purpose of this chapter is the implementation of the comprehensive plan, specifically the goals, objectives and policies contained therein. This purpose is met by:

(1)

Providing the means of implementing the policies and provisions of the comprehensive plan.

(2)

Guiding the growth of the city, concentrating more intense development in areas with high development capability and limiting development in areas of low capability.

(3)

Guiding, the type, distribution, intensity, and aesthetic appearance of development.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

No building, or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, or altered, and no existing use, new use, or change of use of any building, structure, or land, or part thereof, shall be made or continued except in conformity with the provisions of this ordinance [chapter], including all necessary reviews, approvals, authorizations, and/or permits.

Emergency powers. The city council may authorize deviations from any provision of the zoning ordinance during a local emergency caused by a disaster defined such by the Federal Emergency Management Authority (FEMA). Such deviations shall be authorized by resolution of the city council without a requirement for prior notice or public hearing.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

Conflict with other public laws, ordinances, regulations, or permits. The zoning ordinance is intended to complement other city, state, and federal regulations that affect land use. The zoning ordinance is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. However, where conditions, standards, or requirements imposed by any provision of the zoning ordinance are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, the provisions that are more restrictive or that impose higher standards or requirements, as determined by the administrator, shall govern.

Conflict with private agreements. The zoning ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of the zoning ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of the zoning ordinance shall govern.

Nothing in the zoning ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with the zoning ordinance. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between private or third parties. All applicants and landowners shall be responsible for obligations and restrictions applicable to subject properties by private agreements.

All ordinances, or parts of ordinances, in conflict with the zoning regulations herein are to the extent of such conflict hereby repealed.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

Exhibits with graphics are provided as "figures" to illustrate the intent of the language included in the zoning ordinance. When there is an apparent discrepancy between the text and a figure, the text shall supersede. In cases where the exhibit is a table, it shall be considered a requirement.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

The city shall adopt a comprehensive plan to guide future development. The comprehensive plan may consist of a future land use plan, future thoroughfare plan, and other plans or policies that may be deemed advisable to assist in long range planning and development of the city. The comprehensive plan or individual elements of the comprehensive plan shall be updated or revised from time to time, as necessary.

The overall zoning regulations shall be in conformance with the city's comprehensive plan and shall be updated or revised following any comprehensive plan revision and/or update. However, until such time that the zoning regulations are revised or updated, the text and map in this ordinance [chapter] shall supersede the comprehensive plan update and revisions.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

If any article, division, section, subsection, phrase, sentence or portion of this ordinance [chapter] is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions thereof.

Any person convicted of violating any of the provisions of terms of this ordinance [chapter] shall be deemed guilty of a misdemeanor and shall be subject to a fine as provided for in this section. Any person violating any of the provisions of this ordinance [chapter] shall, upon a conviction, be fined any sum not exceeding $2,000.00; and each day and every day that the provisions of this ordinance [chapter] are violated shall constitute a separate and distinct offense. In addition to the said penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district, where such property owner may be affected or invaded by a violation of the terms of the ordinance, to bring suit in such court or courts having jurisdiction thereof, and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)

By the adoption of this ordinance [chapter], no presently illegal use shall be deemed to have been legalized unless specifically, such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance [chapter] that no offense committed, and no liability, penalty or forfeiture either civil or criminal, incurred prior to the time the provisions of previous zoning ordinances were repealed and this zoning ordinance adopted shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures may be instituted, or causes presently pending proceeded with in all respects as if such prior ordinances had not been repealed.

(Ord. No. O-20-20, § 2(Exh. A), 9-14-2020; Ord. No. O-18-21, § 4(Att. A), 1-25-2021)