Midland City Zoning Code
ARTICLE IX
ZONING DEVELOPMENT REVIEW PROCEDURES
§ 11-1-9.01 Zoning upon annexation.
A.
Timing.
Proceedings to establish the initial zoning of land being considered for annexation into the City shall occur jointly with annexation procedures, but shall occur as a separate and distinct action by the City Council.
B.
Annexation Precedes Zoning.
City Council shall adopt the annexation ordinance prior to adoption of an ordinance for zoning.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-9.02 Zoning text and map amendments.
A.
Two Types of Zoning Amendments.
1.
Zoning Map Amendment (Rezoning).
A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City's Official Zoning District Map.
2.
Zoning Text Amendment.
A Zoning Text Amendment is the change of the text within this Zoning Ordinance and does not include change or modification to the boundaries of any zoning districts.
B.
Approval Authority and Report Requirement for Zoning Amendments.
1.
Zoning Amendments Require City Council Approval.
The City Council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas, as may be amended.
2.
Zoning Amendments Require a Planning and Zoning Commission Report.
Before taking action on any proposed amendment, the City Council shall submit the amendment to the Planning and Zoning Commission for its report, with the exception of procedural and administrative amendments that do not affect development standards within Article III, Article IV, Article V, or Article VI.
3.
Zoning Amendments that do not Require a Planning and Zoning Commission Report.
No Planning and Zoning Commission report is required for procedural or administrative amendments to this Zoning Ordinance. However, the City Council may submit these amendments to the Planning and Zoning Commission for a report if the City Council desires.
C.
Planning and Zoning Commission Report and Public Hearings.
1.
Pursuant to Local Government Code § 211.007(b), the Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Council. The City Council may not hold a public hearing until it receives the final report of the Planning and Zoning Commission unless the City Council by ordinance provides that a public hearing is to be held, after the notice required by Section 211.006(a), jointly with a public hearing required to be held by the Planning and Zoning Commission. In either case, the City Council may not take action on the matter until it receives the final report of the Planning and Zoning Commission.
2.
In cases where it is required to provide a report (see Sections 11-1-9.02.B.2 and 11-1-9.02.B.3 for report details), the Planning and Zoning Commission shall hold a public hearing on an Application for a zoning amendment or change (i.e., a Zoning Map Amendment (Rezoning) or Zoning Text Amendment) prior to making its report to the City Council.
3.
In the case of a Zoning Map Amendment (Rezoning):
a.
Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within 200 feet of the property on which the change is requested.
b.
Notice shall be given before the tenth day before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected.
D.
City Council Public Hearing Required.
1.
A public hearing shall be held by the City Council before adopting any proposed amendment.
2.
Before the 15th day before the date of the hearing, notice of the time and place of the hearing must be published in the official newspaper or a newspaper of general circulation in the City.
3.
The City Council shall not hold its public hearings or take action on any Zoning Map Amendment (Rezoning) or Zoning Text Amendment until it has received the report from the Planning and Zoning Commission.
E.
Three-Fourths City Council Vote Required for Protested Amendments.
If any of the following conditions exist, then amendments shall not become effective except by a three-fourths vote of the governing body.
1.
A protest against such proposed amendment has been filed at least three calendar days before the date of the public hearings with the City Secretary by one of the following types of protesters:
F.
Consistency between Zoning Map Amendments and the Comprehensive Plan.
Consistency between a zoning map amendment and the comprehensive plan shall be required, or the comprehensive plan shall be amended until consistency is achieved.
G.
Limitation on Reapplication.
1.
Except as otherwise provided in this subsection, the Planning and Zoning Commission shall not consider an Application requesting a Zoning Map Amendment (Rezoning) for any property if any part of such property was the subject of a previous Application for a Zoning Map Amendment (Rezoning) that was denied by the Planning and Zoning Commission or the City Council unless one year has elapsed from the date of the final action of the Planning and Zoning Commission or the City Council on the previous Application, whichever is later.
2.
The Planning and Zoning Commission may consider an Application requesting a Zoning Map Amendment (Rezoning) for property that was the subject of a previous Application for a Zoning Map Amendment (Rezoning) that was denied less than one year prior by the Planning and Zoning Commission or the City Council if:
a.
One hundred eighty days have elapsed from the date of the final action of the Planning and Zoning Commission or the City Council on the previous Application, whichever is later; and
b.
The Planning and Zoning Commission, by a vote of not less than 75 percent of the entire membership of the Planning and Zoning Commission, determines that the Application may be worthy of consideration before the expiration of the one-year period based on a finding that:
i.
The Application requesting a Zoning Map Amendment (Rezoning) is more restrictive and offers more assurance of compatibility with the area zoning pattern than the Application that was previously denied and, in the case of a request for a PD, Planned Development District, the Application is not a request for the same or a substantially similar PD, Planned Development District requested in the previous Application on all or a part of the same property; or
ii.
Since the date of the final action on the previous Application, the character of the property or the surrounding area has so changed that the public health, safety, morals, or general welfare warrants or justifies earlier consideration of the Application.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019; Ordinance 10037, sec. 1, adopted 1/14/2020)
§ 11-1-9.03 Zoning required for platting.
The City shall not approve any Plat of any subdivision within the City Limits until the area covered by the proposed Plat has been zoned by the City Council, as described in Section 11-1-9.01 Zoning Upon Annexation.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-9.04 Creation of building site.
A.
Conditions Required for Building Site, Tract, or Lot Creation.
No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract, or building lot has been created by compliance with one of the following conditions.
1.
Approved Plat of Record.
The lot or tract is part of a Plat of record, properly approved by the City, and filed with the County.
2.
Approved Site Plan.
The Plat or tract is all or part of a Site Plan officially approved by the City, and compliance has been made with provisions and improvements approved on such Site Plan for all utility and drainage easements, dedication of streets, alleys and other public improvements required to meet the standards established for the platting of land.
B.
Building Permit Issuance Requires a Plat of Record.
A Plat of record shall be created prior to the issuance of a Building Permit.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-9.05 Site Plans.
A.
Purpose.
1.
Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for townhome, multi-family, and nonresidential development.
2.
The purpose of the Site Plan process is to:
a.
Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility;
b.
Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines;
c.
Promote the vision established by the Comprehensive Plan;
d.
Ensure adequate public facilities to serve development;
e.
Coordinate and document the design of public and private improvements to be constructed;
f.
Prevent or mitigate adverse development impacts, including overcrowding and congestion;
g.
Aid evaluation and coordination of land subdivision, including the granting of easements, Right-of-Way, development agreements and provision of surety;
h.
Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and
i.
Promote the public health, safety and welfare.
B.
Applicability.
1.
Processing and Timing: Two Different Types of Site Plans Exist.
2.
Effect.
No Certificate of Occupancy and Compliance shall be issued unless all construction and development conform to the Site Plan as approved by the City.
C.
Approval and Process.
1.
Site Plans Related to Rezoning Applications.
The approval of a Site Plan related to a rezoning Application requires the following:
2.
Site Plans Related to Building Permit Applications.
The approval of a Site Plan related to a Building Permit or construction/development Application for townhome, multi-family, and nonresidential development requires the following:
E.
Submission of Site Plan Applications.
2.
Calendar of Official Processing Dates.
A calendar of official processing dates for items requiring City review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this Section 11-1-9.05 Site Plans shall be created by the City each calendar year.
3.
Other Regulations for Applications.
Applications are also governed by Article VIII Zoning Application Submittal and Processing Procedures.
F.
Fees and Forms.
1.
Schedule of Fees.
The fees relating to the Site Plan approval process shall be established by the Fee Schedule.
2.
Forms and Standards.
The Planning Division Manager shall establish forms and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan.
G.
Site Plan.
1.
Site Plan Application Procedure and Requirements.
a.
Site Plan Pre-Application Meeting.
i.
Before preparing a Site Plan, the Applicant may meet with the Planning Division Manager or Building Official to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant.
ii.
No Application for a permit may be submitted to or accepted for filing during the meeting.
b.
Site Plan General Application.
The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form, which shall be created and maintained by the Planning Division Manager.
c.
Site Plan Additional Information.
The following plans may be required with a Site Plan Application and approval is necessary prior to final authorization for development:
d.
Site Plan Standards of Approval.
i.
Site Plan Approval.
(a)
The City Council and Planning Division Manager shall use the review and approval process outlined in Section 11-1-9.05.C.1 (rezoning applications) and may approve, conditionally approve, table or deny a Site Plan based upon the criteria listed below.
(b)
The Planning Division Manager and Building Official shall use the review and approval process outlined in Section 11-1-9.05.C.2 (building permit applications) and shall approve, conditionally approve, or deny a Site Plan based upon the criteria listed below.
e.
Site Plan Effect.
i.
Approval of a Site Plan in association with a rezoning application is the City's authorization to apply for or for the issuance of Building Permits, depending on the specific case.
ii.
During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening.
iii.
Except where authorized by ordinance, a Site Plan may not be used to approve a variance to development regulations.
iv.
Where an approved plan conflicts with an adopted regulation and no zoning variance or zoning special exception is expressly approved, the regulation shall apply.
f.
Site Plan Lapse.
i.
Two-Year Effective Period.
(a)
The approval of a Site Plan shall be effective for a period of two years from the date of filing of the Application.
ii.
Expired Site Plans.
(a)
Upon expiration of a Site Plan, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see Section 11-1-9.05.G.1 Site Plan Application Procedure and Requirements).
(b)
Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process.
(c)
Subsequent additional development, site modifications and redevelopment shall be considered a new project subject to the then existing ordinances, laws and regulations of the City.
H.
Revocation of Site Plan Approval.
The City Council may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit.
I.
Compliance with other City Regulations Required.
Compliance with the following design standards and specifications, as may be amended, is required in addition to the design standards and specification set forth in this Zoning Ordinance:
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-9.06 PD, Planned Development District application and review.
A.
Applicability.
After a public hearing following proper notice as prescribed by law to all parties affected, and after recommendation from the Planning and Zoning Commission, the following types of PD, Planned Development Districts may be approved by the City Council:
1.
Civic center and community center.
2.
Housing development.
3.
Industrial district on tracts of ten acres or more.
4.
Medical center and hospital.
5.
Office center.
6.
Recreation center.
7.
Shopping center.
8.
Transition district as an extension of an existing district whereby the provision of off-street parking, screening walls, open space and planting would create a protective transition between a lesser intensive use and a more intensive use.
B.
Site Plan.
1.
In establishing a PD, Planned Development District the City Council shall require a site plan of the development, which shall be part of the ordinance creating the PD, Planned Development District.
2.
The required site plan and ordinance shall set forth the requirements for ingress and egress to the property, public or private streets or drives, sidewalks, utilities, drainage, parking space, height of building, maximum lot coverage, yards and open spaces, screening walls or fences and other development and protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property.
C.
Effect and Imposed Conditions.
1.
Every PD, Planned Development District approved under the provisions of this section shall be considered a map and text amendment, and shall be processed in accordance with the notice and public hearing requirements.
2.
In approving the PD, Planned Development District the City Council may impose conditions on the standard of development, which shall be complied with before a certificate of occupancy is issued for the use of land or any structure which is part of the PD, Planned Development District. Any conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.
D.
Minimum Size.
A minimum of three acres is required for all PD, Planned Development Districts.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)
§ 11-1-9.07 Specific use designation (SUDs).
A.
General.
The uses listed under the various districts within the Use Chart[1] as Specific Use Designation (SUDs) are so classified because they may have adverse effects or more intensely dominate the area in which they are located than do other uses permitted in the district. The rezoning process allows the City to review specific uses at a specific location and determine the appropriateness on a case-by-case basis.
[1]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
B.
Specific Use Designation Application Process.
1.
Procedures for Processing a Specific Use Designation (SUD) An application for a Specific Use Designation is a Zoning Map Amendment (Rezoning), since the zoning map shall be updated to indicate the location of the SUD, and shall be processed as a Zoning Map Amendment (Rezoning).
2.
Compatibility Conditions.
a.
The Planning and Zoning Commission and City Council may require conditions and safeguards as necessary to protect adjoining property.
b.
A use allowed by a Specific Use Designation shall be in conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property.
3.
Required Information.
Each application shall be accompanied by a Site Plan (see Section 11-1905 Site Plans) and other information required by this Zoning Ordinance, including the items below
a.
A detailed description of the intended use of the property.
b.
The availability and location of off-street parking.
c.
The projected amount of additional traffic generated in and around the property, the types of vehicles anticipated that will be visiting the property, the likely changes in traffic patterns, and the possible impact such changes in traffic will have on properties within 500 feet of the subject property.
d.
The proposed number of occupants or users of the property and the proposed hours of occupancy.
e.
If the proposed use will require deliveries of goods to the property, and the use is proposed to be located in any zoning district from the AE, Agricultural Estate District through MF-22, Multiple-Family Dwelling District, provide the proposed location of loading/unloading areas.
f.
Whether the proposed use requires any type of state or federal license or permit to operate, what type of license or permit is required, and whether the license or permit has been received.
g.
The number and locations of properties within one-half mile of the applicant's property that have the same or similar use(s) as that proposed by the applicant.
h.
The Planning and Zoning Commission or City Council may reasonably require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed.
C.
Specific Use Designation Regulations.
1.
In recommending that a Specific Use Designation for the premises under consideration to be granted, the Planning and Zoning Commission shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall consider the following factors:
a.
Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site;
b.
Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use;
c.
Adequate provisions for drainage;
d.
Adequate off-street parking and loading;
e.
Safety from fire hazard and measures for fire control;
f.
Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space;
g.
Heights of structures; and
h.
Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare.
2.
In granting a Specific Use Designation, the City Council may impose reasonable conditions, including time limits that shall be complied with by the owner, grantee, or any tenant of any portion of the property.
D.
Specific Use Designations "Without Term"—Timing and Renewals.
1.
A Specific Use Designation without term shall be effective until repealed by the City Council.
E.
Specific Use Designations "With Term"—Timing and Renewals.
1.
A Specific Use Designation with term shall be effective for two years from the date of approval by the City Council, subject to extension in accordance with Section 11-1-9.07.E.2 (below) of this Code or early termination in accordance with Section 11-1-9.07.E.3 of this Code.
2.
A Specific Use Designation with term may be renewed for additional two-year terms in accordance with the following procedure:
a.
The then current owner of the property subject to the Specific Use Designation with term shall submit to the City Manager an application for a renewal of the Specific Use Designation with term not later than 60 days prior to the expiration of the then current term, which application shall contain such information as may be required by the City Manager. As part of the application for renewal, the property owner shall certify under oath that the use of the property has been at all times during the term of the Specific Use Designation with term in compliance with the provisions of the Specific Use Designation with term.
b.
Upon a finding of the City Manager that the use of the property has been and remains in compliance with the provisions of the Specific Use Designation with term originally approved, the term of the Specific Use Designation with term shall be extended for an additional two-year term from the date of termination of the prior term.
c.
Upon a finding of the City Manager that the use of the property has not been or is not in compliance with the provisions of the Specific Use Designation with term, the City Manager shall send written notice to the owner of the property at the last known address as determined by the property rolls of the appraisal district within ten working days of the City Manager's finding that the Specific Use Designation with term will not be extended beyond the then current term. Said notification shall contain a summary of the findings by the City Manager citing what provisions of the Specific Use Designation with term or the City Code have been violated. The owner of the property shall have ten calendar days from receipt of the City Manager's notice to file a written appeal with the City Council with a summary of the property owner's basis for appeal. Unless requested by the property owner, the appeal shall be heard at the next regular City Council meeting which occurs on or after the tenth calendar day following the receipt of the notice of appeal.
d.
The appeal to the City Council shall be conducted in accordance with the procedures adopted by the City Council. The decision of the City Council shall be final.
3.
A Specific Use Designation with term shall terminate prior to the expiration of the then current term upon a finding by the City Manager that the property for which the Specific Use Designation with term was approved has not been used for the purpose for which the Specific Use Designation with term was approved for a period of more than 120 consecutive days. The City Manager shall within 10 calendar days of said finding send written notice of termination pursuant to this Section to the owner of the property at the last known address of the owner as shown by the property rolls of the appraisal district.
F.
Specific Use Designation "With Term"—Uses and Baseline Standards
Specific Use Designations with term may be approved for the following types of uses and subject to, but not limited to, the specified restrictions, in the following districts.
1.
Alcoholic Beverages in other than a Bar, Lounge or Nightclub as follows:
a.
Sale of all alcoholic beverages, for on-premises consumption, in a restaurant in the O-1, Office District, O-2, Office District, LR, Local Retail District or RR, Regional Retail District (See Section 11-1-4.03 Use Chart .) Such restaurant shall observe the following restrictions:
i.
Not less than 60 percent of the monetary sales for a tax-year for such establishment shall be for food or nonalcoholic beverages.
ii.
The sale of all alcoholic beverages for on-premises consumption shall be a secondary use only, ancillary to the primary use of the premises for a restaurant. Any sale of alcoholic beverages on the premises after they have ceased to be used primarily for a restaurant, or at any time when restaurant kitchen facilities are not in operation and staffed as specified below, shall constitute a violation of this Specific Use Designation with term;
iii.
No outside entrance to a separate bar shall be permitted and no signs or other identification of a bar or lounge or the sale of alcoholic beverages in any way may be located anywhere on the premises, outside the building, unless such sign or other identification is approved as part of the Specific Use Designation with term; and
iv.
The restaurant and the restaurant kitchen facilities shall be in compliance with the following definitions:
(a)
Restaurant: Restaurant is defined for purposes of this Section as a place where the primary business is the preparation and sale, on the premises, of food to be provided from a full service menu of items which shall be available at all times when the facility is in operation and which all food items for sale (which shall include appetizers, entree, desserts and beverages), provides kitchen facilities separate and apart from the area of the premises devoted to public dining and may or may not provide live entertainment to, or permit dancing by patrons of the premises.
(b)
Restaurant Kitchen Facilities: A restaurant kitchen facility is a separate area located in, or on, the premises of a restaurant and meets the following conditions or standards: (1) meets all requirements of other applicable codes; (2) contains a stove or oven in working order; (3) provides refrigerated storage for food to be prepared and sold on premises; (4) is staff by a full-time cook or chef who must be on duty for the preparation of food during the hours that the restaurant is in operation; (5) maintains a food inventory and condiments for use by the cook or chef in the preparation of food for sale; and (6) pots, pans and utensils necessary for use by the cook or chef in preparation of menu items for sale.
b.
Sale of all alcoholic beverages for on-premises consumption in a theater, place of commercial amusement, sports stadium or course or any similar facility, in any zoning district where the primary use is permitted; provided, however, that the type of facility shall be specifically stated or defined in each Specific Use Designation with term.
c.
Sale of beer and wine only, for off-premises consumption, in the O-2 district in connection with food and beverage sales stores.
2.
Alcoholic Beverages Sales for On-Premises Consumption as follows:
a.
Sale of all alcoholic beverages, for on-premises consumption in a Bar, Lounge or Nightclub in the LR, Local Retail District, RR, Regional Retail District, CB, Central Business District, C, Commercial District, BP, I-20 Business Park District or in the O-2, Office District. (See Section 11-1-4.03 Use Chart.)
8.
Outside Storage Uses and Standards.
a.
Allowed by Specific Use Designation, according to the permitted Use Chart[2].
[2]
Editor's Note-Said Use Chart is included as an attachment to this chapter.
b.
Outside Storage is limited to a maximum of 20 percent of the total lot area, shall not be located in the front yard and must be screened.
c.
Outside Storage screening shall be required only for those areas surrounding Outside Storage.
A six-foot screening fence or wall shall be provided and maintained either surrounding the Outside Storage or at the property line or street adjacent to the area to be screened by one or a combination of the following methods:
i.
Solid masonry consisting of rock, stone, or other material that is visually and qualitatively equivalent;
ii.
Wrought iron in conjunction with solid landscape screening;
iii.
Wood or wood vinyl in conjunction with solid landscape screening; and,
iv.
An equivalent alternative screening method approved by the Planning Division Manager.
d.
Outside Storage of materials, commodities, or equipment shall be screened with a minimum six-foot screening fence or wall, and shall not be visible from the street or from adjacent property.
e.
No Outside Storage may be visible from public right-of-way.
10.
Wildlife Rehabilitation Center Uses.
a.
See Section 11-1-4.03 Use Chart to determine if a Specific Use Designation is required a given district.
b.
A Wildlife Rehabilitation Center shall be on tracts of land of not less than two acres.
c.
A Specific Use Designation with term for a Wildlife Rehabilitation Center shall contain the following conditions in addition to such other conditions that may be adopted by the City Council:
i.
Animals located on the property for the purpose of undergoing rehabilitation are at all times to be kept within an enclosed building, except to the extent set forth in the Specific Use Designation ordinance;
ii.
The Specific Use Designation with term must include a site plan showing the location on the property of the area(s) where wildlife rehabilitation activities are proposed to occur along with such other elements that the City Council determines to be appropriate and necessary; and
iii.
No mammals may be kept on the premises for purposes of rehabilitation.
G.
H.
Amendments Required for Changes.
No building, premise, or land used under an SUD may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved SUD is granted for such enlargement, modifications, structural alteration, or change.
(Ordinance 9920, sec. 1,(Exh. A) adopted 5/28/2019)