Midland City Zoning Code
ARTICLE I
GENERAL PROVISIONS
§ 11-1-1.01 Title.
This ordinance and all subsequent amendments thereto shall be known as, and may be cited and referred to as the "Zoning Ordinance."
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-1.02 Authority.
This Zoning Ordinance is adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically including Chapter 211 (municipal zoning authority) of the Texas Local Government Code, as may be amended.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-1.03 Purpose.
A.
Implementation of the Comprehensive Plan.
The zoning regulations and districts established in this Zoning Ordinance have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. The zoning regulations and districts have been designed to achieve the following purposes:
1.
Lessen congestion in the streets;
2.
Secure safety from fire, panic and other dangers;
3.
Promote health and the general welfare;
4.
Provide adequate light and air;
5.
Prevent the overcrowding of land;
6.
Avoid undue concentration of population; and
7.
Facilitate the adequate provision of transportation, water, wastewater, schools, parks, and other public requirements.
B.
Zoning Ordinance Considerations.
The zoning regulations and districts have been made with reasonable consideration for, among other things, the character of the districts, a district's peculiar suitability for the particular uses specified, conserving the value of buildings and encouraging the most appropriate use of land throughout the City consistent with the Comprehensive Plan.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-1.04 Official zoning district map.
A.
Official Zoning District Map.
1.
The official Zoning District Map shall be labeled the "Official Zoning District Map of the City of Midland, Texas" and shall be maintained as a physical hard-copy file and an electronic file.
2.
The "Official Adoption Date" and the "Last Amended Date" shall be shown on the official Zoning District Map.
B.
Management, Physical Locations, and Maintenance of the Official Zoning District Map.
1.
Three identical copies of the Zoning District Map shall be adopted and shall bear the signature of the Mayor and the attestation of the City Secretary. The three official copies of the Zoning District Map shall be filed and maintained as follows:
a.
One copy shall be filed with the City Secretary and retained as an original record and shall not be changed in any manner.
b.
One copy shall be filed with the Building Official and shall be maintained with all changes and subsequent amendments for observation in issuing building permits and enforcing the Zoning Ordinance.
c.
One copy shall be filed in the office of the Planning Division Manager and shall be maintained by posting thereon all changes and amendments. In the case of a conflict between these maps, this map in the office of the Planning Division Manager and its amendments shall govern.
2.
The Planning Division Manager shall maintain an electronic file of the official Zoning District Map, as it was originally adopted.
C.
Incorporating Updates to the Official Zoning District Map.
1.
The Planning Division Manager shall be responsible for updates to the official Zoning District Map.
2.
The Planning Division Manager's copy of the official Zoning District Map shall be used for reference and shall be maintained by incorporating all subsequent amendments enacted by official action of the City Council.
3.
The Planning Division Manager shall use all reasonable means to protect the official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs.
D.
Changes or Amendments Reflected on the Map.
1.
Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map files (i.e., physical and electronic) promptly after the amendment has been approved by the City Council.
2.
The Planning Division Manager shall maintain a descriptive log of amendments to the map.
3.
The Planning Division Manager shall use all reasonable means to ensure that no changes are made to the official Zoning District Map without authorization by official action of the City Council.
E.
Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map.
1.
In the event that the official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new official Zoning District Map by ordinance following a public hearing.
2.
The new official Zoning District Map shall replace and supersede any prior official Zoning District Map.
3.
As a true replacement map, the new official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior official Zoning District Map.
F.
Informational Zoning Maps with Updates.
1.
Informational zoning maps that are intended to represent the official Zoning District Map, with updated changes in zoning districts and boundaries as they are made, may be made from time to time and placed on physical display and on the City's website.
2.
The Planning Division Manager shall be responsible for all informational zoning maps and the frequency of updates.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-1.05 Applicability/Interpretation/Rules of construction.
B.
Interpretation.
1.
Restrictiveness:
Where the regulations in this Zoning Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards shall govern.
2.
Abrogation of private agreement:
These Zoning Ordinance regulations do not abrogate any easement, covenant or other private agreement.
3.
Cumulative effect:
These Zoning Ordinance regulations are cumulative and may impose additional limitations upon all other laws and ordinances previously passed or that may be passed in the future on any subject matter set forth in these regulations.
4.
Error correction:
In the event that any property or zoning district set forth on the Zoning District Map as provided in Section 11-1-1.04 Official Zoning District Map of the Zoning Ordinance is misnamed, designated incorrectly, the boundaries are incorrect or the property is omitted, in part or in whole, the Zoning District Map may be amended or supplemented.
a.
Applicants:
The property owner of said tract, the City Council, or the Planning and Zoning Commission may submit an application to the Planning Division Manager to initiate the error correction process.
b.
Process:
The error correction shall be processed as a zoning map amendment according to 11-1-9.02 Zoning Text and Map Amendments.
C.
Rules of Construction.
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction.
1.
Number:
The singular number includes the plural, and the plural the singular.
2.
Tense:
The present tense includes the past and future tenses, and the future the present.
3.
Mandatory and permissive language:
The words 'shall' and 'must' are mandatory while the word 'may' is permissive.
4.
Gender terms:
The masculine gender includes the feminine.
5.
Parentheses:
Any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-1.06 Zoning violations.
Any person, firm, corporation, or other entity who violates, disobeys, or otherwise fails to comply with or who resists the enforcement of any of the provisions of the Zoning Ordinance shall be fined not more than $2,000.00 for each violation. Each day that a violation exists shall constitute a separate and distinct offense.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)