Midlothian, TX Zoning Ordinance

Midlothian City Zoning Code

SECTION 5

SPECIAL ZONING DISTRICTS

§ 5.100 PLANNED DEVELOPMENTS.

Planned Developments (PD’s) are customized zoning districts intended to accommodate unified design of residential, commercial, office, professional services, retail and institutional uses and facilities or combinations thereof, in accordance with an approved development plan. PD’s are designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns and parking facilities in order to best utilize special site features of topography, size or shape. PD’s will only be permitted to occur on parcels of land that contains three (3) acres or more, provided, however, Urban Village Planned Developments may be approved for parcels of land that are five thousand seven hundred (5,700) square feet in area or larger. It is not intended to be solely or merely a method of avoiding area restrictions required in other straight zoned districts

(Ordinance 2013-24, sec. 5.100, adopted 7/9/13; Ordinance 2018-03 adopted 1/9/18)

§ 5.101 RESIDENTIAL PLANNED DEVELOPMENTS.

Residential Planned Developments shall be considered appropriate where one or more of the following conditions prevail:

The development is a mixed-use master planned project that incorporates a range of housing types and densities. For larger developments located on appropriate thoroughfares, other compatible land uses such as retail should be incorporated into the project in a unified, integrated manner.

The development should offer amenities consistent with the scale and character of the project. Development Plans shall meet or exceed the Amenity Criteria set forth in Table 1. Satisfaction of Amenity Criteria listed in Table 1 is a necessary but not sufficient condition of approval of a Planned Development.

The Council shall evaluate the intensity, density and character of a proposed Planned Development and make a determination as to whether the proposal is compatible with surrounding land uses and consistent with the City’s established Comprehensive Plan goals. The Council has the authority to deny any Planned Development proposal that is judged to be inconsistent with the adopted Comprehensive Plan goals of the City, even if such a Planned Development meets the Amenity Criteria established in Table 1.

The development should preserve valuable natural amenities as much as possible (e.g., mature tree specimens) and should maximize the integrated use of lakes and vistas as much as possible.

Table 1. Amenity Criteria
At a minimum, Residential PDs shall satisfy the following criteria:
PRIMARY AMENITIES (ALL CRITERIA MUST BE SATISFIED)
1)	Usable Public Open Space.
	a)	Minimum 5% or a minimum 5 acres of residential acreage (located outside the 100-year floodplain), whichever is greater.
	b)	Maintained by a required Homeowner Association or Public Improvement District (HOA or PID)
	c)	Must be served with trails, recreation equipment, or designed for active use
	d)	One equipped 12,000-square-foot playground, meeting the Midlothian Parks & Recreation Department playground prototype standards, per 150 homes
2)	For every 2-1/2 lots sized 7,000 to 8,000 square feet, there must be at least 1 lot greater than or equal to 9,000 square feet; for every 2-1/2 lots sized less than 7,000 square feet, there must be 1 lot greater than or equal to 10,000 square feet (applies only to PDs with minimum 50 acres of residential use).
3)	Enhanced Entryways (boulevard-style landscaped medians with stone-brick entry features). Must submit detailed plan.
4)	Reservation of school or park site when requested by appropriate entity and/or in conformance with adopted Comprehensive Plan (applies only to PDs over 150 acres)
5)	Curvilinear Street Pattern (applies only to PDs over 50 acres)
6)	Basic Architectural Variety
	a)	The percentage of total housing units with front-loading garages may not exceed 65%.
	b)	No one architectural style may be repeated for a distance of four lots, either on the same side or opposite side of the street.
7)	A 15-foot perimeter landscape easement with required berm and street trees that meets or exceeds the City’s Landscaping Regulations of the Zoning Ordinance, adjacent to all public rights-of-way greater than 75 feet in width.
SECONDARY AMENITIES (6 OF THESE 13 CRITERIA MUST BE MET)
1)	Side Entry or Rear Entry Garages (minimum 75% of housing units)
2)	Community Center/Public Plaza at least 3,000/6,000 square feet, respectively.
3)	Minimum 90% Brick/Stone Masonry Coverage
4)	Internet-based community. Each home and business facility must be connected to the Internet via a central fiber optic network.
5)	Enhanced Subdivision Design Standards (utilizing the design techniques which include but not limited to coving, enhanced architecture, entrance arch, varying roof pitches of at least 8:12, etc.).
6)	Pond or lake feature with fountain or other water feature. Pond must be designed to hold water year-round and include a perimeter walking trail. Total pond area must be at least one and [sic] 1-1/2% of the total PD area.
7)	Upgraded roadway commitments beyond Thoroughfare Plan requirements, as approved by the Planning Director
8)	Other Sufficient Infrastructure Cost Participation Not Otherwise Required, as approved by the City Engineer and Planning Director
9)	Design theme (restored barn as community center, etc.) accepted by the Planning and Zoning Commission and City Council, and incorporated throughout the design of the development
10)	Curvilinear Street Pattern (does not qualify as a Secondary Amenity for PDs over 50 acres)
11)	Preservation of Valuable Tree Specimens (minimum two trees per acre, minimum one-foot caliper; or, minimum of 24 caliper-inches per acre). Must provide detailed plans.
12)	Approved Streetscaping Plan (with enhanced paver block crossings, brick median nose stubs, wider-than-required sidewalks, decorative street lighting, and enhanced landscaping on all major roads within the PD) as approved by the Planning Director
13)	Another amenity directly contributing to the enduring quality of the future neighborhood, judged to be significant by the Planning and Zoning Commission and City Council.

(Ordinance 2013-24, sec. 5.101, adopted 7/9/13)

§ 5.102 NONRESIDENTIAL PLANNED DEVELOPMENTS.

Nonresidential planned developments shall be considered appropriate where one or more of the following conditions prevail:

Commercial or industrial uses are grouped into clusters allowing an appreciable amount of the land for open space or joint use such as parking and storage.

Commercial or industrial projects with part of the land used for residential purposes.

Single purpose commercial or industrial uses of innovative land utilization.

A combined of residential and nonresidential uses

(Ordinance 2013-24, sec. 5.102, adopted 7/9/13)

§ 5.103 URBAN VILLAGE PLANNED DEVELOPMENTS (UVPD).

Urban Village Planned Developments (UVPD) shall be considered appropriate where one or more of the following conditions are satisfied:

If within 500 feet of the subject site, 75% of the lots were platted prior to 1960.

Proposed uses are compatible with the surrounding area.

Proposed architecture is compatible with the surrounding area.

The UVPD is consistent with the goals/objectives set forth for the Downtown/Original Town area in the Comprehensive Plan.

The UVPD includes at least one nonresidential use.

The UVPD development plan incorporates effective parking lot screening and minimizes conversion of grassy areas to paved surfaces, especially within the front yard area and, excludes pole signs from the premises.

(Ordinance 2013-24, sec. 5.103, adopted 7/9/13)

§ 5.104 HEIGHT REGULATIONS.

The maximum height requirement for permissible uses in this district shall be established on the approved development plan with due regard to site and general area characteristics including land use, zoning, topography and setbacks, etc.

(Ordinance 2013-24, sec. 5.104, adopted 7/9/13)

§ 5.105 DENSITY, AREA AND COVERAGE REGULATIONS.

The density of development, the minimum dimensions of lots and yards and maximum lot coverage shall be established on the approved development plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity.

(Ordinance 2013-24, sec. 5.105, adopted 7/9/13)

§ 5.106 PARKING REGULATIONS.

All parking and vehicle use areas shall be paved with an all-weather surface. Off-street parking facilities shall be provided at locations designated on the approved development plan.

Minimum off-street parking requirements shall be established in the approved development plan. Any deviation less than the minimum requirements specified in Section 4.400 shall require specific approval from the Planning and Zoning Commission and City Council. Parking area and numbers of spaces for the applicable district shall apply to these regulations.

Reduced parking and the use of on-street parking may be allowed in the Urban Village Planned Development (UVPD) with an approved site plan.

(Ordinance 2013-24, sec. 5.106, adopted 7/9/13)

§ 5.107 SITE PLAN APPROVAL.

An application for approval of a Site Plan under the Planned Development District regulations may be filed by a person having a legal interest in the property to be included in the Site Plan. In order to ensure unified planning and development of the property, the applicant shall provide evidence, in a form satisfactory to the City Attorney, prior to final approval of the Site Plan that the property is held in single ownership or is under single control. Land shall be deemed to be held in single ownership or under single control if it is in joint tenancy, tenancy in common, a partnership, a trust, or a joint venture. The Site Plan shall be filed in the name(s) of the record owner(s) of the property, which shall be included in the application.

(Ordinance 2013-24, sec. 5.107, adopted 7/9/13)

§ 5.108 APPLICATION.

An application for a Planned Development District may be made to the Planning and Zoning Commission in the same manner that an application for zoning change is made. Applications for approval of a Planned Development District shall be processed according to the procedure specified herein and a site plan and related data shall be submitted for approval in accordance with the requirements set out in this Section.

(Ordinance 2013-24, sec. 5.108, adopted 7/9/13)

§ 5.109 PROCEDURE.

Application for approval of a Planned Development district shall be processed according to the procedure specified herein and a development site plan and related data shall be submitted for approval.

An application for a Planned Development shall be accompanied by a development site plan meeting the requirements set forth in this ordinance.

Upon receipt of an application, the Planning Director shall make notification of a public hearing as set forth in the zoning ordinance.

The Planning Director shall prepare a written report analyzing the development site plan and such report shall be given to the Planning and Zoning Commission and applicant at least 3 working days prior to the public hearing.

(Ordinance 2013-24, sec. 5.109, adopted 7/9/13)

§ 5.110 SITE PLAN REQUIREMENTS.

The Site Plan shall clearly indicate all significant features of the proposed development, on an accurate scaled drawing, to include:

Planned Development Narrative describing in detail how amenity requirements will be satisfied.

A location map showing location of site in reference to existing streets.

The boundaries of the area included in the plan surveyed by a competent licensed engineer or surveyor and the total gross acreage of the plan.

All recorded or physically existing public and private rights-of-way and easements located on or adjacent to the plan area.

The approximate topography of the plan area, major watercourses and 100-year floodplain.

The proposed land uses and the approximate location of proposed buildings and other structures on the site, existing structures, and uses adjacent to said site.

The character and density distribution of all proposed residential uses in the plan area. A table depicting the number of lots in each 1,000-square-foot size category in both numerical and percentage form must be provided. In addition, an accompanying color-coded map depicting the described above must also be provided and should be limited to no more than 6 colors.

Where density variations are proposed within the development plan, the general location, maximum density and site coverage and the housing type in each area of density variation.

The approximate location and dimensions of all parking areas, malls, water bodies, open areas and recreational areas and any other community facilities such as churches, schools, etc.

All proposed streets, alleys, ways, including walkways, dedicated to public use, and the location of all utilities.

In residential developments, the maximum percentage of site coverage.

In commercial and industrial developments, the maximum gross area and floor area ratio.

All areas reserved for common ownership with an indication of the properties, the owners of which will share the common ownership.

The location and type of walls, fences, screen planting and landscaping.

A plan, including side elevation drawings, showing location, size, height, orientation and design of all signs.

Housing type and number of dwelling units of all proposed residential structures.

In multifamily, townhouse and commercial sections of the plan, the location of each outside facility for waste disposal.

Required setbacks or setbacks in excess of minimum requirements adjacent to the boundaries of the development plan.

A preliminary drainage study, showing all on-site and off-site drainage and final water destination.

A statement that clearly indicates that the proposed development will be in complete accordance with the provisions of the applicable Planned Development District and that all Development Plans recorded hereunder shall be binding upon the applicant thereof, his successors and assigns, and shall limit and control all building permits.

(Ordinance 2013-24, sec. 5.110, adopted 7/9/13)

§ 5.111 DEVELOPMENT SCHEDULE.

An application for a Planned Development district smaller than 50 acres shall, if the applicant desires or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule. Planned Development districts of 50 acres or more shall be required to submit a Development Schedule. When included as a requirement, the development schedule shall indicate the following:

The estimated date when development construction in the plan area shall commence.

The phases of development, if any, in which the plan area will be developed and the estimated date each phase will commence.

The estimated date of completion of each stage in the development;

The area and location of common open space and the area and location of nonresidential uses that will be developed at each stage; and

The project stage or phase in which major infrastructure will be installed prior to issuance of building permits for that stage or phase. “Major infrastructure” in this case shall include parks, collector roadways, stormwater management facilities, and other infrastructure identified in the PD Ordinance or by the City Planning Director or City Engineer as critical to accommodating the impacts of each stage or phase of the development.

(Ordinance 2013-24, sec. 5.111, adopted 7/9/13)

§ 5.112 REVISIONS OF THE SITE PLAN & DEVELOPMENT SCHEDULE.

Proposed revisions or modifications to an approved site plan and development schedule shall be noted and shown on a stable base reproducible material of the approved plan. Upon the submission of such proposed revision, copies of the proposed revised plan shall be submitted to the City Council for its review and determination, accompanied by a recommendation from the Planning and Zoning Commission, as to whether the proposed revision constitutes such a significant change in land use or structures that a public hearing should be called regarding said revision. If the City Council determines the revised plan does not constitute a significant change, no public hearing shall be called and the revision shall be deemed approved. If such revision is determined by the City Council to be a significant change, a public hearing shall be scheduled regarding such revision, proper notice given, and thereafter be considered by the City Council for approval according to normal procedure.

(Ordinance 2013-24, sec. 5.112, adopted 7/9/13; Ordinance 2016-51, sec. 1(K), adopted 12/13/16)

§ 5.113 EXPIRATION DATE.

Any planned development zoning designation may expire 2 years after such zoning is approved by City Council unless a final plat for at least 1 section or phase of the planned development is approved by the Planning and Zoning Commission.

Upon meeting the expiration date, the City Council may revert the entire planned development zoned tract back to the original zoning that preceded the approval of the planned development, or to another appropriate zoning that is consistent with the Comprehensive Plan. However, the site plan associated with the PD does expire. The Planning & Zoning Commission may reapprove any expired site plan if the PD has not been changed or amended.

Such rezone shall require public hearings and notifications as stated in Sections 1.44 - 1.46.

(Ordinance 2013-24, sec. 5.113, adopted 7/9/13)

§ 5.114 APPLICABILITY OF ZONING ORDINANCE.

Where a Planned Development (PD) zoning ordinance is silent, the specific Zoning Ordinance regulations of the least intensive zoning district that would accommodate a particular Planned Development use shall apply. In no case shall a PD ordinance define the Zoning Ordinance or Subdivision Ordinance as the ordinance in effect at the time of City Council approval of the Planned Development petition.

(Ordinance 2013-24, sec. 5.114, adopted 7/9/13)

§ 5.200 AUTHORIZATION.

The City Council of the City of Midlothian, Texas, after public hearing and proper notice to all parties affected and after recommendation by the Planning and Zoning Commission, may authorize the issuance of Specific Use Permits for the uses indicated by an “S” in the Use Table located in Section 2.04.

(Ordinance 2013-24, sec. 5.200, adopted 7/9/13)

§ 5.201 SPECIAL REQUIREMENTS.

The Planning and Zoning Commission in considering and determining its recommendations to the City Council on any request for a Specific Use Permit, may require from the applicant plans, information, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance of the Ordinance, establish conditions of operation, location, arrangement and construction of any specific use for which zoning is authorized. In authorizing the location of any of the uses listed as Specific Use Permits, the City Council may impose such development standards and safeguards as the conditions and locations indicate important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, offensive view, or other undesirable or hazardous conditions.

(Ordinance 2013-24, sec. 5.201, adopted 7/9/13)

§ 5.202 APPLICATION FOR SPECIFIC USE PERMIT.

Any person, firm or corporation, either as land owner or tenant, may request the use of property which requires a Specific Use Permit. A Specific Use Permit may be granted after application has been properly made and a public hearing before the Planning and Zoning Commission and the City Council has been conducted. The proposed use must comply with all regulations and restrictions as contained in the Zoning Ordinance, codes, regulations, and conditions of the City of Midlothian, including, but not limited to the Electrical Code, the Building Code, the Fire Code, the Plumbing Code, and other applicable Ordinances and codes. In addition all requests for a Specific Use Permit must comply with all State and Federal laws and regulations applicable to such use. The Planning and Zoning Commission and/or City Council may enforce additional restrictions or stipulations as the facts and circumstances of each case may warrant.

(Ordinance 2013-24, sec. 5.202, adopted 7/9/13)

§ 5.203 REMOVAL FOR CAUSE.

A Specific Use Permit may be removed from a parcel or tract of land when it is found that it has continued to operate in violation of the conditions as originally granted. No action will be initiated by the City without prior written notification of such violation to the user and/or owner of the property. If after written notification the use continues without being addressed by the user and/or owner, or without the user and/or owner providing the City with a plan to bring the specific use into compliance with the original conditions of the Specific Use Permit, the City may schedule a public hearing, in accordance with state law regarding public notice for zoning changes. After a public hearing regarding the removal of the Specific Use Permit, the City may remove the permit in accordance with the procedures as provided in this ordinance.

(Ordinance 2013-24, sec. 5.203, adopted 7/9/13)

§ 5.211 CRITERIA FOR BED & BREAKFAST USES.

At minimum, any application for a Bed and Breakfast Specific Use Permit must satisfy the following criteria unless waived by the City Council:

Allowed in zoning districts as listed in the Use Table.

One parking space per guest room is required, with a minimum of two parking spaces per dwelling unit.

The Bed and Breakfast manager or operator may reside on-site.

The SUP application must include a scaled site plan showing all proposed physical improvements, landscaping[,] signage and screening fences. The conversion of front and side lawns to parking area will be prohibited.

Guests stay are limited to a maximum of 2 weeks per month.

(Ordinance 2013-24, sec. 5.211, adopted 7/9/13)

§ 5.212 CRITERIA FOR COMPRESSOR STATIONS (RELATED TO GAS WELL DRILLING).

At minimum, any Specific Use Permit (SUP) application to allow a compressor station related to gas well drilling must satisfy the following criteria:

Must be located in the appropriate zoning district.

An 8-foot high decorative masonry fence shall be placed around the perimeter. Such fencing shall meet the requirements set forth in Section 4.5200 of the Zoning Ordinance, unless an alternative design is approved by the Director of Planning.

No portion of the compressor equipment shall be visible above the masonry fence, unless it is housed in a building.

Condensation tanks may not exceed a height of 12 feet.

A minimum 30-foot landscaped perimeter with street trees (minimum 4-inch caliper) spaced every 30 feet and minimum 5-foot high shrubs spaced every 10 feet in between the street trees. Such landscaping shall be native and drought-resistant and be from an approved species list.

A meandering 3-foot high berm shall be incorporated into the design of 30-foot landscaped perimeter.

The vegetation, berms, and masonry wall shall be kept in attractive state and in good condition at all times by the applicant or Operator.

No noise-producing equipment may emit a sound that exceeds 72 dB(a) within 200 feet. If sound levels exceed 72 dB(a), sound-reducing mufflers shall be required to reduce noise levels.

No compressor station shall be allowed within 300 feet (measured from the site) of an occupied structure.

The Planning & Zoning Commission and City Council may add additional requirements as a part of this Specific Use Permit (SUP).

(Ordinance 2013-24, sec. 5.212, adopted 7/9/13)

§ 5.213 CRITERIA FOR RESIDENTIAL USES IN CBD.

The following minimum design requirements shall be provided in the CBD District.

Residential Uses as a Specific Use Permit

Residential dwelling units shall be allowed as secondary/ancillary uses in upper stories of structures only, while maintaining Central Business District uses as the primary use in the first/ground floor.

ii)

Floor plans shall be required to be submitted in conjunction with the Specific Use Permit. The floor plans shall include the location and square footage of all nonresidential uses, the layout, square footage and total number of residential units.

All buildings and structures approved for residential uses must meet all applicable Uniform Building and Fire Codes.

A parking plan for residential uses approved as a Specific Use Permit containing the number and types of off-street parking to be developed in association with such residential use shall be submitted for approval by the City Council after a recommendation is made by the Planning and Zoning Commission.

(Ordinance 2013-24, sec. 5.213, adopted 7/9/13; Ordinance 2016-51, sec. 1(L), adopted 12/13/16)

§ 5.214 CRITERIA FOR RETAIL STORES FOR TOBACCO, E-CIGARETTES, VAPING, AND CBD OIL OR HEMP BASED PRODUCTS SALES.

Unless modified by the ordinance granting the Specific Use Permit (SUP), an SUP authorizing the use of property within the City for Retail CBD oil and hemp based product sales (with or without tobacco, E-cigarette, or vaping sales), Tobacco stores (without CBD oil/hemp based products, E-cigarette or vaping product sales), and Tobacco/E-Cigarettes/Vaping Store (with or without CBD oil and hemp based product sales) and the use of such property within the City for such uses shall be subject to the following development and use standards regardless of whether such provisions are expressly incorporated into the ordinance granting such SUP:

Distance:

No use to which this section applies shall be located within:

1,000 linear feet of another use to which this section applies;

1,000 linear feet of the right-of-way of U.S. Highway 287, U.S. Business Highway 287, U.S. Highway 67, Main Street, FM 663, FM 1387, Avenue E, Avenue F, 5th Street, 8th Street, 9th Street, 14th Street, Midlothian Parkway, Mockingbird Lane, or Walnut Grove Road;

1,000 linear feet of any zoning district that allows by right residential uses, hospitals, daycare centers, or public or private schools or colleges by right; or

1,000 linear feet of parks and recreational facilities.

Measurement:

For purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects.

From the nearest point on the property line of lot or parcel where the existing use covered by this section is located to the nearest portion of the property line of the lot or parcel where a new use covered by this section is proposed to be located; or

From the nearest point of the right-of-way line of U.S. Highway 287, U.S. Business Highway 287, U.S. Highway 67, Main Street, FM 663, FM 1387, Avenue E, Avenue F, 5th Street, 8th Street, 9th Street, 14th Street, Midlothian Parkway, Mockingbird Lane, and/or Walnut Grove Road to the property line of the lot or parcel where the use covered by this section is proposed to be located; or

From the nearest point of the property line of the lot or parcel where the use covered by this section is proposed to be located to the nearest point on the property line of any property the zoning of which authorizes by right the development and use of such property for any residential use, place of worship, hospital, daycare center, public or private school or college; or

From the nearest point of the property line of the lot or parcel where the use covered by this section is proposed to be located to the nearest point of the property line of any park and/or recreational facility.

(Ordinance 2025-56 adopted 9/23/2025)

§ 5.300 DEFINITION.

An overlay district is a “transparent” zoning district that lies over an existing zoning district used to implement additional development standards or places restrictions beyond those required by the existing or base zoning district. The overlay district generally outlines uniform standards within the established boundary to ensure higher quality of development.

(Ordinance 2013-24, sec. 5.300, adopted 7/9/13)

§ 5.301 PURPOSE.

The purpose of creating overlay districts is to set and coordinate special development standards to a specific area that has unique value to the City and that are designed to provide a distinctive character, charm, and atmosphere to the designated area. Overlay districts are appropriate instruments to implement the long-term goals and objectives of the adopted Comprehensive Plan and are primarily intended to be used when special circumstances justify the modification of base or existing zoning district regulations to achieve those specific design objectives that do not coincide with traditional zoning districts.

(Ordinance 2013-24, sec. 5.301, adopted 7/9/13)

§ 5.302 ESTABLISHMENT & DESIGNATION.

Overlay districts shall be established through the rezoning process as outlined in Chapter 211 of the Texas Local Government Code and Sections 1.03 and 1.41–1.46 and only in conjunction with base zoning districts.

An overlay district may cover parts of several zoning districts or only a portion of an existing or base zoning district.

The existing or base zoning district shall maintain standard permitted land uses and development regulations. The overlay district may further restrict development standards and/or land uses suitable to the purpose and protection of the overlay district.

Development standards that may be regulated in an overlay district are: lot size, accessory buildings, building height and area, architectural design & materials, landscaping, storage/loading areas, parking, lighting, signage, access points, development review procedure, land uses, or any other restrictions that meet the overlay district’s purpose.

Land uses may be more restrictive than the base or existing zoning district allows, but not less restrictive.

When an overlay district is established, any subsequent application to change the existing or base zoning district shall not be construed to be an application to eliminate the overlay district for the property covered by the application. Any intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.

In cases where there is a conflict between the requirements of the overlay district and the underlying existing or base zoning district, the overlay district restrictions shall apply.

When an applicant seeks to vary from the requirements of an overlay district, they shall apply to the Zoning Board of Adjustment for a variance just as they would if they were varying from the requirements of the base or existing zoning district.

Overlay districts are adopted the same as any other zoning amendment. When a text amendment is made creating the regulations for the overlay district, a map amendment shall also be adopted to establish the boundaries for each overlay district.

(Ordinance 2013-24, sec. 5.302, adopted 7/9/13)

§ 5.400 PURPOSE.

This overlay zone is intended to protect, enhance and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City’s and State’s architectural, archaeological, cultural, social, economic, ethnic and political history; and to develop appropriate settings for such places and to safeguard the City’s historic and cultural heritage, as embodied and reflected in such historic landmarks by appropriate regulations.

(Ordinance 2013-24, sec. 5.400, adopted 7/9/13)

§ 5.401 “H” SUFFIX.

Portions of certain zoning districts are designated with a Historic Preservation suffix “H”. The “H” designated areas are subject to the base zoning, underlying district, and are further regulated by the regulations defined in this Section.

(Ordinance 2013-24, sec. 5.401, adopted 7/9/13)

§ 5.402 HISTORIC LANDMARK DESIGNATION.

The City Council may designate certain buildings, land, areas and districts and the boundaries thereof. The procedure to be followed to establish a Historic Landmark Designation shall be the same as is required to amend, to repeal or alter the zoning on a tract or parcel of land. After all notice requirements of State zoning statutes, Tex. Rev. Civ. Stat. Ann. Art. 1011a through 1011f, and hearings have been conducted pursuant to said State statutes, and this ordinance and upon receipt of the Planning and Zoning Commission’s recommendation, the City Council may designate the building, land, area or district with the “H” suffix. The suffix “H” shall indicate the zoning subdistrict designation of those buildings, land, areas and districts which the City Council has designated as historic landmarks. Such designations shall be in addition to any other zoning district designation established in this ordinance. All Zoning District Maps shall reflect the designation of an historical landmark subdistrict by the letter “H” as a suffix.

(Ordinance 2013-24, sec. 5.402, adopted 7/9/13)

§ 5.403 CRITERIA FOR HISTORIC LANDMARKS.

In creating a historic landmark designation as set forth in the immediately preceding paragraph, the City Council and the Planning and Zoning Commission shall consider one or more of the following criteria:

Character, interest or value as part of the development, heritage or cultural characteristic of the City of Midlothian, State of Texas or the United States;

Identification with a person or persons who significantly contributed to the culture and development of the Town;

Location as the site of a significant historic event;

Exemplification of the cultural, economic, social or historical heritage of the City;

Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on historical, cultural or architectural motif;

Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood or community of the City; and

Value as an aspect of community sentiment or public pride.

(Ordinance 2013-24, sec. 5.403, adopted 7/9/13)

§ 5.404 REMOVAL, DEMOLITION OR SUBSTANTIAL ALTERATION.

No historic landmark, designated as such, pursuant to the procedures set forth herein, shall be demolished, removed, altered, remodeled, razed or substantially reconstructed unless a permit for the same has been issued by the City Council. If an application for such a permit is received by the City for demolition, removal, razing or substantial reconstruction of any designated historic landmark, the Planning and Zoning Commission shall hold a public hearing, make findings of fact in each situation, and make appropriate recommendations to the City Council.

No permit shall be issued to demolish, remove, raze or substantially alter or reconstruct until such matter is resolved through all means available. The Planning and Zoning Commission shall conduct a hearing within 30 days of receipt of the application by the City. After the public hearing, the Planning and Zoning Commission shall recommend to the City Council whether to grant or deny the application.

(Ordinance 2013-24, sec. 5.404, adopted 7/9/13)

§ 5.405 CITY COUNCIL ACTION.

The City Council shall consider the Planning and Zoning Commission’s recommendation within thirty days of passage of same. The City Council, after conducting a public hearing and taking into consideration all of the factors presented, may approve or disapprove the application for a permit to demolish, remove, raze or substantially alter or reconstruct. The Council’s action shall be final.

(Ordinance 2013-24, sec. 5.405, adopted 7/9/13)

§ 5.406 PRESENT USE NOT AFFECTED.

Use classifications of all property included in a historic landmark subdistrict shall continue to be governed by the Zoning Ordinance of the City.

(Ordinance 2013-24, sec. 5.406, adopted 7/9/13)

§ 5.407 PROPERTIES WITH “H” DESIGNATION.

Larkin Newton Cabin, Ordinance 2012-09

Old Fire House, Ordinance 2012-10

Kimmel Park, Ordinance 2012-11

Newton Cemetery, Ordinance 2012-21

Midlothian Cemetery, Ordinance 2012-22

(Ordinance 2013-24, sec. 5.407, adopted 7/9/13)

§ 5.600 PURPOSE.

The purpose of the overlay zone is to provide additional regulations and requirements for areas adjacent to or within a specified proximity to an airport. These additional regulations and requirements provide for appropriate and compatible uses of land surrounding the airport and provide for the safe operation of the airport facility itself.

(Ordinance 2013-24, sec. 5.600, adopted 7/9/13)

§ 5.601 USE REGULATIONS.

Land use regulations of the existing base zoning district shall still apply, with applicable modifications regarding construction, planning, use and development to be in compliance with and pursuant to the Municipal Airports Act, Tex. Rev. Civ. Stat. Ann. Art. 46d-1 through 46d-22 and all rules, regulations, leases, agreements and ordinances adopted thereunder; the airport Zoning Act, Tex. Rev. Civ. Stat. Ann. Art. 46e-1 through 46e-15; and all building, construction and performance standards applicable and heretofore adopted by the City of Midlothian.

(Ordinance 2013-24, sec. 5.601, adopted 7/9/13)

§ 5.602 OVERLAY ZONE BOUNDARIES.

The Airport Overlay zone shall apply to the “controlled area” as defined under the Airport Zoning Act as land located outside airport boundaries and within a rectangle bounded by lines no further than 1-1/2 statute miles from the centerline of an instrument or primary runway and lines located no further than 5 statute miles from each end of the paved surface of an instrument or primary runway.

(Ordinance 2013-24, sec. 5.602, adopted 7/9/13)

§ 5.603 AIRPORT HAZARD ZONING ORDINANCE.

This Section shall also adhere to the regulations adopted by the Midway Airport Joint Zoning Board, created by Ordinance 2009-02, entitled Airport Hazard Zoning Ordinance, dated April 9, 2009, and recorded in the Ellis County Clerk’s Office under Instrument No. 0911839 and filed under Volume 02453, Pages 0935-0944.

(Ordinance 2013-24, sec. 5.603, adopted 7/9/13)