Midlothian City Zoning Code
SECTION 1
GENERAL PROVISIONS, ADMINISTRATION & ENFORCEMENT
§ 1.01 TITLE.
This Ordinance shall be known officially as and may be cited and referred to as the “City of Midlothian Zoning Ordinance.”
(Ordinance 2013-24, sec. 1.01, adopted 7/9/13)
§ 1.02 PURPOSE.
a)
The purpose of this Ordinance is to zone the entire area of the City of Midlothian in accordance with the adopted Comprehensive Plan for the purpose of promoting health, safety, morals, and the general welfare of the general public.
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b)
The regulations and districts established have been designed to:
1)
Lessen congestion in the streets;
2)
Provide safety from fire, panic, and other dangers;
3)
Provide adequate light and air;
4)
Prevent the overcrowding of land
5)
Avoid undue concentration of population
6)
Provide and facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements.
c)
Said districts have been established with reasonable consideration of the character of the district and its peculiar suitability for the particular uses, and with the view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
d)
Where this Ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by other ordinances, covenants or agreements, the provisions of these regulations shall govern. Where other ordinances impose greater restrictions than are imposed herein the provisions of such other ordinances shall govern.
(Ordinance 2013-24, sec. 1.02, adopted 7/9/13)
§ 1.03 ADMINISTRATION & ENFORCEMENT.
An administrative official designated by the City Manager, usually the Planning Director, shall administer and enforce this Ordinance. The Planning Director may be provided with the assistance of such other persons as the City Manager may direct.
(Ordinance 2013-24, sec. 1.03, adopted 7/9/13)
§ 1.04 QUESTIONS OF INTERPRETATION & ENFORCEMENT.
All questions of interpretation and enforcement shall first be presented to the Planning Director. After review, such questions may be presented to the Zoning Board of Adjustment (ZBA) only on appeal from the decision of the Planning Director. Recourse from the decisions of the Zoning Board of Adjustment (ZBA) shall be as provided by law.
(Ordinance 2013-24, sec. 1.04, adopted 7/9/13)
§ 1.05 CREATION OF ZONING DISTRICTS AND OFFICIAL ZONING MAP.
The City is hereby divided into districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Secretary and bearing the official Seal of the City under the following words:
“This is to certify that this is the Official Zoning Map referred to in Ordinance 2013-24 of the City of Midlothian, Texas.”
(Ordinance 2013-24, sec. 1.05, adopted 7/9/13)
§ 1.06 CHANGES, AMENDMENTS, & AVAILABILITY OF OFFICIAL MAP.
a)
The Official Zoning Ordinance and Map shall be made current, from time to time, to reflect the changes and amendments that are approved by the City Council.
b)
Any unauthorized change in the Official Zoning Ordinance and Map by any person is prohibited.
c)
Regardless of the existence of purported copies of the Official Zoning Ordinance and Map, which may, from time to time, be made or published, the Official Zoning Ordinance and Map, which shall be located in the Planning Department, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City.
d)
The Official Zoning Map shall be available to the public at all hours when City Hall is open to the public and available on the City’s official website.
e)
From time to time, staff may format the Zoning Ordinance and include graphics and illustrations to help interpret the actual wording or text.
(Ordinance 2013-24, sec. 1.06, adopted 7/9/13)
§ 1.07 REPLACEMENT OF THE ZONING ORDINANCE AND MAP.
a)
In the event that the Official Zoning Ordinance and Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by Resolution, adopt a new Official Zoning Ordinance and Map which shall supersede the prior Official Zoning Ordinance and Map.
b)
The new Official Zoning Ordinance and Map may correct drafting or other errors or omissions in the prior Official Zoning Ordinance and Map and bring it up-to-date to reflect any and all amendments or changes in the same.
(Ordinance 2013-24, sec. 1.07, adopted 7/9/13)
§ 1.08 DEFINITION OF ZONING DISTRICT BOUNDARIES.
In determining the location of zoning district boundaries on the map accompanying and made a part of these regulations, the following rules shall apply:
a)
Abandoned Public Ways:
Whenever any street, alley, or other public way is vacated by official action of the City Council, or whenever such area is franchised for building purposes, the zoning district lines adjoining each side of such street, alley, or other public way, shall automatically extend to the centerline of such vacated street, alley, or way, and all area so involved shall then and henceforth be subject to all regulations of the extended districts.
b)
Centerline of Public Rights-of-way:
Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys, as they exist at the time of adoption of these regulations shall be the zoning boundary; or,
c)
City Limits Lines:
Boundaries indicated as approximately following city limits shall be construed as following such city limits; or,
d)
Distances not indicated:
Boundaries indicated as being parallel to or as extensions of features indicated in items a) through g) shall be so construed. Distances not specifically indicated on the Zoning Map, shall be determined by the scale of the map; or,
e)
Platted Lot Lines:
Where boundaries are shown to enter or cross platted blocks, or [sic] property lines of lots, as they exist at the time of adoption of these regulations, shall be the zoning boundary; or,
f)
Railroad Lines:
Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines; or,
g)
Shore Lines:
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line, shall be construed as moving with the actual shore line; or,
h)
Streams:
Boundaries indicated as approximately following the centerline of streams, rivers, canals, lakes, or other bodies of water shall be construed as following such centerlines; or,
i)
Unplatted Lines:
Where boundaries are shown on unsubdivided property, the location shall be determined by scale shown on the map unless dimensions are given on the map; or, [sic]
(Ordinance 2013-24, sec. 1.08, adopted 7/9/13)
§ 1.09 PLAT REQUIRED PRIOR TO BUILDING PERMIT.
a)
No building permit application for a building or structure shall be approved unless there is an approved and filed plat for that property or land seeking such permit, meeting the City’s Zoning & Subdivision Ordinance.
b)
A Conveyance Plat shall not be considered an approved plat.
(Ordinance 2013-24, sec. 1.09, adopted 7/9/13; Ordinance 2016-51, sec. 1(A), adopted 12/13/16)
§ 1.10 CONSTRUCTION AUTHORIZATION AND TEMPORARY BUILDINGS.
a)
No building or other structure shall be erected, moved, added to, or structurally altered nor shall any other type of development be allowed without the necessary permit or authorization issued by the designated Administrative Official (i.e. Chief Building Official, City Engineer). No permit shall be issued except in conformity with the provisions of this Ordinance and all applicable fire and building codes of the City.
b)
Temporary buildings and temporary building material storage area to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the Building Official or the designated representative and subject to periodic renewal for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Official or the designated representative.
(Ordinance 2013-24, sec. 1.10, adopted 7/9/13)
§ 1.11 CERTIFICATE OF OCCUPANCY.
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued stating that the proposed use of the building or land conforms to the requirements of this Ordinance.
(Ordinance 2013-24, sec. 1.11, adopted 7/9/13)
§ 1.41 RECOMMENDATIONS BY PLANNING AND ZONING COMMISSION.
Prior to taking action on any proposed amendment, supplement, or zoning change or Specific Use Permit (SUP) by the City Council, it shall be submitted to the Planning and Zoning Commission for its recommendation and report.
(Ordinance 2013-24, sec. 1.41, adopted 7/9/13)
§ 1.42 DUTIES OF THE CITY COUNCIL.
a)
The City Council shall have the sole authority to (i) consider and adopt proposed amendments to this Ordinance and the Zoning Map including, but not limited to, changes in zoning, granting of specific use permits, special exceptions, and waivers as set forth in this Ordinance, and (ii) establishing a schedule of fees and charges for applications, permits, and other matters established by this Ordinance.
b)
The duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise (see Section 1.04). The procedure for deciding such questions shall be as stated in Section 10 of this Ordinance.
(Ordinance 2013-24, sec. 1.42, adopted 7/9/13; Ordinance 2016-51, sec. 1(B), adopted 12/13/16)
§ 1.43 ZONING CHANGE/SPECIFIC USE PERMIT APPLICATION.
a)
Applications for Zoning Amendments Generally.
Any person, corporation, or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the City Council for a change or amendment to the provisions of this Ordinance, or the Planning and Zoning Commission/City Council may, on its own motion, institute proposals for change and amendment in the public interest. All petitions for the amendment of this Ordinance shall bear the signature of the owners of all property within the area of request.
b)
Applications for Specific Use Permits.
Upon authorization by the City of Midlothian, a Specific Use Permit may be issued upon submission of an application and appropriate material describing the proposed use. The purpose of this Specific Use Permit is to provide for uses that generally have unusual nuisance characteristics or are of a public or semi-public character often essential or desirable for the general convenience and welfare of the community, which without specific consideration may have possible adverse impact on neighboring properties. A Specific Use Permit constitutes an amendment to this Ordinance and shall be considered and adopted in the same manner as any other amendment to this Ordinance. See Section 5.200.
c)
When three-fourths vote required.
A favorable vote of three-fourths of all of the members of the entire City Council shall be required to approve any change in zoning when written protests are received and filed with the city secretary in accordance with Texas Local Government Code Section 211.006, which protest must be written and signed in compliance with the requirements of subsection d) of this Section by the owners of at least 20 percent of either:
1)
the area of the lots or land covered by the proposed change; or
2)
the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from that area.
In computing the percentage of land area, the area of streets and alleys shall be included in the computation.
d)
Written protest procedures.
1)
Purpose.
i)
State law expressly enables the governing body of a municipality to establish procedures for adopting and enforcing zoning regulations and district boundaries. Pursuant to that authority, the city council enacts this subsection d) governing the receipt of written protests submitted for the purpose of requiring the favorable vote of three-fourths of all members of the City Council to effect a change in a zoning district classification or boundary.
ii)
This subsection is not intended to conflict with the state law; it is being enacted at a time when the state law does not explicitly provide how, when, or where a written protest must be filed. The city council expressly recognizes that this subsection may be partially or completely preempted at any such time that the state law is amended to explicitly provide how, when, or where a written protest must be filed.
iii)
This subsection is intended to accomplish the following objectives in keeping with the purpose, spirit, and intent of state law:
a.
To allow city staff sufficient time to accurately calculate the land area percentages that determines the voting requirement;
b.
To protect the rights of all parties by establishing minimum criteria to assure the reliability of written protests received;
c.
To protect the rights of those protesting by establishing procedures and deadlines which are not unduly burdensome or restrictive; and
d.
To promote order and maintain the integrity of the zoning process.
2)
Form of protest.
i)
A protest must be in writing submitted to the city secretary and, at a minimum, contain the following information:
a.
A description or the case number of the zoning case at issue;
b.
The printed or typewritten names of all persons signing the protest of the proposed change in zoning district classification or boundary;
c.
The property description or physical address(es) of the lot(s) or land owned by the protesting parties that is either covered by the proposed change or located within 200 feet of the area covered by the proposed change or, alternatively, the parcel number or property tax account number assigned to said lot(s) or land by the Ellis Central Appraisal District;
d.
The mailing addresses of every person signing the protest;
e.
The date the protest is signed;
f.
If signing the protest on behalf of the owner of property pursuant to a power of attorney, a statement to that fact; and
g.
If applicable a copy of the power of attorney, granting the person signing the protest to act on behalf of the record owner of the lot or land.
ii)
The protest must bear the original signatures of all persons required to sign the protest.
3)
Who must sign the protest.
i)
A protest must be signed by the owner of the property described in Section 1.43.c) or by a person authorized by power of attorney to sign the protest on behalf of the owner. If the property is owned by two or more people, the protest must be signed by a majority of the owners, or by a person authorized by power of attorney to sign the protest on behalf of a majority of the owners, except that in the case of community property, the written protest of one spouse will be presumed to be the protest of both.
ii)
In the case of property owned by a corporation, the protest must be signed by the president, a vice-president, or by an attorney in fact authorized to sign the protest on behalf of the corporation. In the case of property owned by a general or limited partnership, the protest must be signed by a general partner or by an attorney in fact authorized to sign the protest on behalf of the partnership. In the case of property owned by a trust, the protest must be signed by the trustee(s) authorized under the trust agreement to perform actions with respect to the property.
iii)
Lots or land subject to a condominium regime are presumed to be commonly owned in undivided interests by the owners of all condominium units and under the control of the governing body of the condominium. For such lots or land to be included in calculating the lots or land area protesting a proposed rezoning, the written protest must state that the governing body of the condominium has authorized a protest in accordance with procedures required by its bylaws, and that the person signing the protest is authorized to act on behalf of the governing body of the condominium. A written protest signed by the owner of an individual condominium unit shall not be accepted unless the filing party produces legal documents governing the condominium which clearly establish the right of an individual owner to act with respect to his or her respective undivided interest in the common elements of the condominium.
iv)
For purposes of this subsection, the “owner” of the property for which a protest is being submitted shall be determined to be the owner of the property shown in the records of the Ellis Central Appraisal District as of the date of delivery of the protest to the city secretary. A person with only a leasehold or easement interest in property is not an “owner” for purposes of filing a protest pursuant to this subsection.
v)
A person who is not named on the records of the Ellis Central Appraisal District as the owner of the property may submit additional information to the city attorney indicating that the person is the current record owner of the property identified in the protest. The determination of the city attorney as to the sufficiency of such information and whether or not the person should be considered the record owner of the property for purpose of filing the protest is final. Any additional information submitted pursuant to this paragraph (v) must be submitted by the deadline required for submission of the protest.
4)
Filing deadline.
i)
A written protest must be filed with the city secretary before Noon Central Time of the City business day immediately preceding the date advertised for the city council public hearing. A protest sent through the mail must be received by the city secretary before the deadline.
ii)
Before the public hearing has commenced, the filing deadline is automatically extended whenever the public hearing is re-advertised in the official newspaper of the city pursuant to statutory notice requirements.
iii)
If after the public hearing has commenced, and
a.
the public hearing is concluded with no action being taken on the zoning amendment at the same meeting and a subsequent public hearing with notice of another public hearing is published in the official newspaper of the city pursuant to statutory notice requirements; or
b.
the public hearing is continued to a date certain as otherwise allowed under the Texas Open Meetings Act;
the filing deadline will be extended to noon of the City business day immediately preceding the newly advertised public hearing date or the date to which the public hearing is continued, as the case may be. |
iv)
Written protests may be filed electronically be e-mailing the written protest as an attachment in .pdf format to the city secretary or by sending via facsimile transmission to the published facsimile telephone number for the office of the city secretary.
v)
For purposes of determining compliance with the filing deadline, the date and time the city secretary’s office receives the written protest is solely determinative.
5)
Withdrawals of protests filed.
Withdrawals of protests previously filed must be in writing and filed with the city secretary or delivered to the City Council prior to the commencement of voting by the City Council on the proposed zoning amendment. The provisions of this subsection governing the form and filing of protests apply equally to withdrawals.
6)
Presumptions of validity.
i)
In all cases where a protest has been properly signed pursuant to this subsection, the City shall presume that the signatures appearing on the protest are authentic and that the persons or officers whose signatures appear on the protest are either owners of the property or authorized to sign on behalf of one or more owners as represented.
ii)
In cases of multiple ownership, the City shall presume that a properly signed protest which on its face purports to represent a majority of the owners of the property does in fact represent a majority of the owners of the property.
iii)
The presumptions in subparagraphs (1) and (2) above are rebuttable, and the city attorney may advise the city council that a presumption should not be followed in a specific case based on extrinsic evidence presented.
7)
Conflicting instruments.
If multiple protests and withdrawals are filed on behalf of the same owner, the instrument last received by the city secretary controls.
(Ordinance 2013-24, sec. 1.43, adopted 7/9/13; Ordinance 2017-22, sec. 1, adopted 4/25/17)
§ 1.44 PUBLIC HEARING REQUIREMENT.
a)
The Planning and Zoning Commission shall hold a public hearing on any application for amendment, supplement, or change prior to making its recommendation and report to the City Council.
1)
A public hearing shall also be held by the City Council prior to adopting any proposed amendment, supplement, or change.
b)
Written notice of all public hearings before the Planning & Zoning Commission, on a proposed amendment, supplement or change shall be sent to all owners of real property lying within 200 feet of the property on which the change is requested.
c)
Such notice shall be given not less than 10 days before the date set for hearing, and may be served by depositing a notice properly addressed and postage paid in the United States Post Office to such property owners as the ownership appears on the last approved City Tax Roll.
d)
An agenda shall also be placed at least 72 hours prior to a public meeting at the front window of City Hall and on the City’s official website.
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(Ordinance 2013-24, sec. 1.44, adopted 7/9/13)
§ 1.45 NOTICE OF PUBLIC HEARING.
Before the 15th day before the date of the public hearing conducted by the City Council as required by Section 1.44, notice of the time and place of the hearing must be published in the City’s official newspaper or a newspaper of general circulation within the City.
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(Ordinance 2013-24, sec. 1.45, adopted 7/9/13; Ordinance 2017-22, sec. 2, adopted 4/25/17)
§ 1.46 PLACEMENT OF SIGNS.
a)
The City may place at least 1 sign on any property upon which a zoning change request has been filed. Such sign(s) shall, if possible, be located adjacent to a public thoroughfare in a visible location.
b)
Such sign shall be removed immediately after final action by the City Council or when the applicant withdraws the request, whichever comes first.
c)
The sign shall contain a notice of the rezoning, and the agency and telephone number from which information relative to the rezoning request may be obtained.
d)
The erection or continued maintenance of the sign or signs shall not be deemed a condition precedent to the granting of any zoning change or the holding of any public hearing.
(Ordinance 2013-24, sec. 1.46, adopted 7/9/13)
§ 1.47 REAPPLICATION.
No application for rezoning shall be considered within 6 months of denial of a request for the same classification on the same property. If in the event there has been substantial changes in planning principles, the applicant may with the approval of the Planning Director, resubmit the application, waiving the 6 months waiting period. All reapplications will require payment of application fees as if it were a new submittal.
(Ordinance 2013-24, sec. 1.47, adopted 7/9/13)
§ 1.48 ZONING & PERMITS ON NEWLY ANNEXED TERRITORY.
a)
All territory hereafter annexed into the City’s corporate limits shall be initially designated as a zoning district that the City Council, following a recommendation by the Planning & Zoning Commission and after notice and hearing as required for amendments to the City of Midlothian Zoning Ordinance, determines complies with the adopted Comprehensive Plan. In the event the annexation ordinance fails to establish the initial zoning of the area annexed, the area annexed shall be temporarily classified as an Agriculture “A” Zoning District until permanent zoning is established in accordance with Sections 1.41 through 1.46 of the Zoning Ordinance and applicable state law.
b)
No person shall erect, construct, or proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City without first applying for and obtaining a building permit and/or Certificate of Occupancy from the Chief Building Official or the City Council as may be required herein.
1)
Any nonconforming uses may need to adhere to the ordinances in effect at that time. Such determination shall be made by the Planning Director.
(Ordinance 2013-24, sec. 1.48, adopted 7/9/13; Ordinance 2016-36 adopted 10/25/16)
§ 1.49 QUESTIONS ARISING ON ZONED AREAS.
Where physical features of the ground are at variance with information shown on the Official Zoning Map, or when a question arises as to how or whether a parcel of property is zoned and such question cannot be resolved, the property shall be considered as classified Agricultural Zoning District, temporarily.
(Ordinance 2013-24, sec. 1.49, adopted 7/9/13)
§ 1.50 VIOLATION AND PENALTIES.
Any person, firm, or corporation, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance, may be fined up to $2,000 per day for each offense. Each day that a violation exists shall constitute a separate offense. This penalty should not be construed as exclusive, and the City hereby provides that any other remedy available to it, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty.
(Ordinance 2013-24, sec. 1.50, adopted 7/9/13)
§ 1.51 FEES, CHARGES, AND EXPENSES.
The City Council shall establish a Fee Schedule, charges, and expenses and a collection procedure for building permits certificates of zoning compliance, appeals, applications for amendments, and other matters pertaining to this Ordinance. Until all application fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ordinance 2013-24, sec. 1.51, adopted 7/9/13)
§ 1.52 VALIDITY.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause or phrase of the Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase.
(Ordinance 2013-24, sec. 1.52, adopted 7/9/13)
§ 1.53 SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the City Council of the City of Midlothian that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional, illegal, or invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section.
(Ordinance 2013-24, sec. 1.53, adopted 7/9/13)
§ 1.54 REPEAL.
All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance are hereby repealed insofar as the same are in conflict with the provisions hereof.
(Ordinance 2013-24, sec. 1.54, adopted 7/9/13)
§ 1.55 APPENDICES.
The Appendices attached hereto are made a part and portion of the Zoning Ordinance as adopted. The Specific Use Permits (SUPs) and Planned Developments (PDs) shown therein are current zoning cases that will remain in effect as originally passed. Any future changes to these cases will represent new zoning action and will be conducted in accordance with the zoning rules and regulations as provided in this Zoning Ordinance and State Law.
Editor’s note–The appendices referred to in section 1.55 are not printed herein.
(Ordinance 2013-24, sec. 1.55, adopted 7/9/13)
§ 1.56 EFFECTIVE DATE.
This Ordinance shall be in full force and effect from and after its date of passage and publication as required by law.
(Ordinance 2013-24, sec. 1.56, adopted 7/9/13)