This ordinance shall be known and may be cited as "The City of Mineral Wells Zoning Ordinance".

A.

DESIGNATED ADMINISTRATIVE OFFICIAL: Unless otherwise directed by the city council, the city manager or his designee is hereby authorized as the administrative official to supervise the administration and enforcement of the ordinance.

B.

NOTIFICATION OF VIOLATIONS: If the administrative official finds that any of the provisions of this ordinance are being violated, notification shall be provided, in writing, to the property owner for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of the violation or shall take any other action authorized by this ordinance to insure compliance with, or prevent violation of, the provisions of this ordinance.

These regulations and districts are established in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the citizens of the city. They are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land, and to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been established with reasonable consideration for the character of each district and its peculiar suitability for the particular uses specified; and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

It is not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except as the same may be specifically repealed by the terms of this ordinance, or with private restrictions placed upon property by covenant, deed, easement, or other private agreement. Where this ordinance imposes a greater restriction upon land, buildings or structures than is imposed or required by other laws, ordinances, covenants or agreements, the provisions of this ordinance shall govern.

A.

ZONING DISTRICTS IDENTIFIED: The City of Mineral Wells, Texas, establishes the following zoning districts.

A.

ZONING DISTRICT BOUNDARIES DELINEATED ON ZONING DISTRICT MAP: The boundaries of the zoning districts set out herein are delineated upon the Zoning District Map of the City of Mineral Wells, Texas, said map being hereby adopted as part of this ordinance as set forth herein. Such boundaries of the zoning districts are the same as such established by Ordinance No. 1998-08, as amended.

B.

REGULATIONS FOR MAINTAINING ZONING DISTRICT MAP: Two original, identical zoning district maps are hereby adopted as Exhibit A to this ordinance, each bearing the signature of the city manager and attestation of the city clerk. The maps shall be filed and maintained as follows:

1.

One copy shall be filed with the city clerk, to be retained as the original record and shall not be changed in any manner.

2.

One copy shall be filed with the administrative official and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation in issuing building permits and for enforcing the zoning ordinance.

3.

When changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the zoning map filed with the administrative official promptly after the amendment has been approved by the city council. Reproductions of the zoning district map may be made for information purposes.

C.

MAP CERTIFIED: The official zoning map filed with the city clerk shall be identified by the signature of the city manager, attested by the city clerk and bear the seal of the city under the following words:

"This is to certify that this is the official Zoning Map adopted by Ordinance No 1998-08, as amended, of the City of Mineral Wells"

A.

RULES FOR DETERMINING DISTRICT BOUNDARIES: The district boundary lines shown on the zoning map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following streets, highways, or alleys shall be construed to follow the centerline of such street, highway, or alley.

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

3.

Boundaries indicated as approximately following city limits shall be construed as following city limits.

4.

Boundaries indicated as following railroad or utility lines shall be construed to be the centerline of the right-of-way; if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

5.

Boundaries indicated as following shorelines shall be construed to follow such shoreline, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, drainage courses, creeks, canals, lakes, or other bodies of water shall be construed to follow such centerlines.

6.

Boundaries indicated as parallel to or extensions of features indicated above shall be so construed. Distances not specifically indicated on the original Zoning Map shall be determined from the graphic scale on the map.

7.

Whenever a street, alley or other public way is vacated by official action of the city council, or whenever a street or alley area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way, and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

8.

Where physical features of the ground are at variance with information shown on the official zoning district map, or if there arises a question as to how a parcel of property is zoned and the question cannot be resolved by the application of subsections 1. through 7. above, or if the zoning of property is invalidated by a final judgment of a court of competent jurisdiction, the zoning shall be considered as classified in the A-agricultural district in the same manner as for newly annexed territory in accordance with the provisions of section 1-7.

A.

PERMANENT ZONING CONCURRENT WITH ZONING: An area or areas being annexed to the City of Mineral Wells shall ordinarily be given permanent zoning concurrently with the annexation.

B.

TEMPORARY CLASSIFICATION: In instances in which it is impractical to zone annexed territory concurrently with the annexation process, the city council shall temporarily classify annexed territory as A-agricultural district until permanent zoning is established. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations. A permanent zoning for such area shall be established as soon as practicable after annexation.

C.

REGULATIONS IN AREAS TEMPORARILY CLASSIFIED:

1.

A person commits an offense if the person erects, constructs, or proceeds or continues with the erection or construction of any building or structure or causes the same to be done in any newly annexed territory temporarily classified as A-agricultural district to the city without first applying for and obtaining a building permit or certificate of occupancy from the administrative official or the city council, as may be required.

2.

No permit for the construction of a building or use of land shall be issued by the administrative official other than a permit which will allow the construction of a building permitted in the zoning district where the building site is located.

A.

COMPLIANCE WITH ZONING REGULATIONS REQUIRED: All land, buildings, structures, or appurtenances thereon located within the City of Mineral Wells which are hereafter occupied, used, erected, altered, removed, placed, demolished, or converted shall be occupied, used, erected, altered, removed, placed, demolished, or converted in conformance with the zoning regulations prescribed for the zoning district in which such land or building is located as hereinafter provided.

B.

AUTHORITY TO ENTER UPON PRIVATE PROPERTY: The administrative official may, in the performance of his/her functions and duties under the provisions of this ordinance, enter upon any land and make examinations and surveys as deemed necessary in the administration and enforcement of this ordinance in accordance with all applicable laws.

C.

BUILDING PERMITS PROHIBITED WITHOUT PLAT: Except as permitted by the subdivision ordinance, no permit for the construction or placement of a building or buildings upon any tract or plot shall be issued unless the plot or tract is part of a plat of record, properly approved by the planning and zoning commission and city council and filed in the Plat Records of Palo Pinto and/or Parker County.

D.

EXCLUSIONS: Nothing herein contained shall require any change in the plans or construction of a building for which a permit has been applied for at the time of the passage of this ordinance and which entire building is completed within one year from the effective date of this ordinance.

E.

ONE MAIN BUILDING ON A RESIDENTIAL LOT OR TRACT; STREET FRONTAGE REQUIRED: Only one main building for one family or moderate density residential uses with permitted accessory buildings may be located upon a lot or tract. Every dwelling shall face or front upon a public street other than an alley or an approved private street.

F.

REGULATIONS APPLICABLE TO MULTIPLE BUILDINGS: Where a lot is used for retail or multi-dwelling purposes, more than one main building may be located upon the lot but only when such buildings conform to all the open space, parking, and density requirements applicable to the uses and districts. No parking area, storage area, or required open space for one building shall be computed as being the open space, yard, or area requirements for any other building or use.

A.

ZONING REQUIRED PRIOR TO APPROVAL OF PLAT: The city council shall not approve any plat of any subdivision within the city limits until the area covered by the proposed plat shall have been permanently zoned by the city council.

B.

ANNEXATION PRIOR TO APPROVAL OF PLAT: The city council shall not approve any plat or any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the city is pending before the city council unless and until such annexation shall have been approved or disapproved by the city council.

C.

CONTEMPORANEOUS ACTION ON ZONING AND ANNEXATION: In the event the city council holds a hearing on proposed annexation, it may, at its discretion, hold a contemporaneous hearing upon the permanent zoning that is to be applied to the area or tract to be annexed. The city council may, at its discretion, act contemporaneously on the matters of permanent zoning and annexation.

A.

DECLARATION OF POLICY: The city declares the enactment of these regulations governing the use and development of land, buildings, and structures to be a measure necessary to the orderly development of the community. Therefore, no change shall be made in these regulations or in the boundaries of the zoning districts except:

1.

To correct any error in the regulations or map.

2.

To recognize changed or changing conditions or circumstances in a particular locality.

3.

To recognize changes in technology, style of living, or manner of doing business.

4.

To comply with land use principles as directed in the comprehensive land use plan.

B.

AUTHORITY TO AMEND ORDINANCE: The city council may from time to time, after public hearings required by law, and after receipt of the recommendation and report of the planning and zoning commission, amend, supplement, or change the regulations herein provided or the classification or boundaries of the zoning districts.

1.

Any amendment, supplement, or change to the text of the zoning ordinance and any change in the classification or boundaries of the zoning districts may be ordered for consideration by the city council, may be initiated by the planning and zoning commission, the city council, or may be requested by the owner of the affected real property or the authorized representative of an owner of affected real property.

2.

Any request to rezone property shall be accompanied by an application, as furnished by the city staff, to change zoning and shall contain the appropriate fees for administrative handling of the application.

C.

PUBLIC HEARING AND NOTICE: Upon filing of an application for an amendment to the zoning ordinance and/or map, the planning and zoning commission shall call a public hearing on said application.

1.

Petition required. Every petition to amend, supplement or change the regulations of this ordinance or the boundaries of the zoning districts shall be prepared in the form and manner prescribed by, and be deposited with the commission for study. The commission, either on its own initiative or by direction of the council, shall schedule public hearing on the proposed change as provided in this subsection C.

2.

Public hearing and notice. Prior to making its final report to the council, the commission shall hold at least one public hearing thereon. Written notice of all public hearings on proposed changes in district boundaries shall be sent to all owners of property, or to the person rendering the same for city taxes, affected by such proposed changes of classification, and to all owners of property, or to the person rendering the same for city taxes, located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. Such notice may be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States Mail. Notice of hearings on proposed changes in zoning regulations shall be accomplished by one publication not less than 15 days prior thereto in the official paper of the city.

3.

Commission report. The commission, after the public hearing is closed, shall prepare its final report on the requested change stating its findings, its evaluation of the request and of the relationship of the request to the adopted city plan, and its recommendation thereon. The commission may defer its final report for not more than 90 days until it has had opportunity to consider other proposed changes which may have a direct bearing thereon.

4.

Public hearing and notice by council. The city council may from time to time amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established. A public hearing on such amendment, supplement or change shall first be held by the city council. Notice of the council hearing shall be given by publication one time in the official paper of the city, stating the time and place of such hearing, which time shall not be earlier than 15 days from the date of publication. As authorized by applicable state law, the city council may hold public hearings jointly with the planning and zoning commission. Notice of the time and place of such joint public hearings shall be given in the same manner as otherwise provided in this section 1-11.

5.

Negative recommendations; protest petition. Unless such proposed amendment, supplement, or change has been approved by the planning commission, or if a protest against such amendment, supplement or change has been filed with the city clerk, duly signed and acknowledged by the owners of 20 percent or more, either of the area of the lots included in such proposed changes, or all property within 200 feet of all boundaries of the proposed change, such amendment, supplement, or change shall not become effective except by a favorable vote of three-fourths of all the members of the city council.

D.

CHANGES IN ZONING REGULATIONS NOT INVOLVING PARTICULAR PROPERTY: Amendments to the zoning ordinance not involving a particular property but involving general changes in the zoning regulations do not require notice to individual property owners. In such cases, notice of the required public hearing shall be given by publication in the official newspaper of the city, stating the time and location of the public hearing, which time shall not be earlier than 15 days from the date of such publication.

A.

ESTABLISHMENT: Expenses incurred in the enforcement and administration of this ordinance are necessary to improve the environmental quality and to help achieve orderly development of the community. In order that such expenses shall be borne primarily by those persons causing administrative action to be taken under the terms of this ordinance, the city council hereby adopts a schedule of fees commensurate with the costs incurred in such action, as part of this ordinance. The following is the fee schedule which shall apply to the referenced applications:

B.

REQUIREMENTS: No permits, certificates, special exceptions, or variances shall be issued unless and until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings until preliminary charges and fees have been paid in full.

Every application for a building permit shall be accompanied by a drawing, in duplicate, showing the lot plan, the location of the building on the lot, accurate dimensions of building and lot, and such other information as may be necessary to provide for the enforcement of the ordinance. This drawing shall be prepared after the lot has been staked by a competent surveyor. A careful record of the original copy of such application and plats shall be kept in the office of the administrative official and a duplicate copy shall be at the building at all times during construction.

A.

ORGANIZATION OF THE BOARD:

1.

Creation. There is hereby created a board of adjustment to be composed of five members who shall be qualified electors of the city. It is the declared policy of the city council that it will consider for appointment only those persons who have demonstrated their civic interest, general knowledge of the community, independent judgment, and availability to prepare for and attend meetings. The city council may appoint up to four alternate members of the board of adjustment who shall serve in the absence of one or more regular members of the board when requested to do so by the mayor or city manager, as the case may be. Alternate members shall be qualified electors of the city and shall serve for a period of two years from April 1 of the year in which they are appointed.

2.

Term of office. The terms of three of the members shall expire on April 1 of each even-numbered year, and the terms of two of the members shall expire on April 1 of each odd-numbered year. The members of the Board shall be identified by place numbers one through five. The odd-numbered places shall expire in the even-numbered years, and the even-numbered places shall expire in the odd-numbered years. Board members may be appointed to succeed themselves.

3.

Vacancy. Vacancies shall be filled for unexpired terms; no member shall be appointed for a term in excess of two years. A vacancy in a term of office shall occur whenever the city council finds that a member:

a.

Has resigned or has not maintained the qualifications required for appointment; or

b.

Has repeatedly failed to attend properly called meetings of the board without just cause; or

c.

Has been guilty of malfeasance or misconduct in office.

4.

Organization. The board shall hold an organizational meeting in November of each even-numbered year and shall elect a chairman and vice-chairman from among its members before proceeding to any other matters of business. The administrative official shall be the secretary of the board. The board shall meet regularly and shall designate the time and place of its meetings. The board shall adopt its own rules of procedure and keep a record of its proceedings in accordance with the state statutes and this ordinance. Newly appointed members shall be installed at the first regular meeting after their appointment.

5.

Meetings and quorum. Four members of the board shall constitute a quorum for the conduct of business. The members of the board shall regularly attend meetings and public hearings of the board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.

B.

DUTIES AND POWERS OF THE BOARD: The board of adjustment shall have the powers and exercise the duties of a board in accordance with Section 211.008, Board of Adjustment of the Local Government Code [V.T.C.A., Local Government Code § 211.008]. Board members are representatives of the city and shall have the right to inspection of premises where required in the discharge of their responsibilities under the laws of the State of Texas and the ordinances of this city. The board's jurisdiction shall extend to and include the hearing and deciding of the following types of appeals and applications, and to that end shall have the necessary authority to insure continuing compliance with its decision.

1.

Interpretation. To render an interpretation of the zoning regulations or the manner of their application where it is alleged that there is error in any order, requirement, or determination made by the administrative official in the administration of such provisions. In reaching its decisions the board shall establish firm guidelines for future administrative actions on like matters.

2.

Special exception. To decide upon those applications for a special exception use or development of property when the same is authorized under this ordinance subject to board approval. In reaching its decision the board shall not grant the application if it finds:

a.

That the use is not specifically permitted under the ordinance, or

b.

That the locations of proposed activities and improvements are not clearly defined on the site plan filed by the applicant, or

c.

That the exception will not be wholly compatible with the use and permitted development of adjacent properties.

3.

Variance. To authorize upon appeal in specific cases such variance from the development controls set forth in this ordinance as will not be contrary to public interest. In reaching its decision the board shall not grant the variance appeal if it finds:

a.

That literal enforcement of the controls will not create an unnecessary hardship or practical difficulty in the development of the affected property, or

b.

That the situation causing the hardship or difficulty is not unique to the affected property or is self-imposed, or

c.

That the relief sought will injure the permitted use of adjacent conforming property, or

d.

That the granting of the variance will not be in harmony with the spirit and purposes of this ordinance.

C.

APPEAL AND APPLICATION PROCEDURE:

1.

Interpretation request; variance appeal. A request for interpretation of regulations or an appeal for variance from development controls may be taken by any person aggrieved or by any officer, department, or board of the city affected by a decision of the administrative official. Such appeal shall be taken within 15 days time after the decision has been rendered, by filing with both the administrative official and the board of adjustment a notice of appeal, specifying the grounds thereof. The administrative official shall transmit to the board all papers constituting the record upon which the action appealed from was taken.

2.

Stay of proceedings. An appeal shall stay all proceedings of the action appealed from, unless the administrative official, after the notice of appeal has been filed with him, certifies to the board that by reason of facts stated in his certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the board or by a court of record on application and notice to the administrative official from whom the appeal is taken.

3.

Special exception application. An application for a special exception to use or develop property as specifically authorized in district use regulations or in this section may be filed by any person owning the affected property or by any tenant upon written authorization of the owner. Such application shall by filed with the board, and a copy thereof with the administrative official.

4.

Form of appeal or application. The appeal or application shall be in such form and contain such information as the board may require under its rules of procedure. It shall be accompanied by the required fee. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board, and shall not be reviewed or scheduled for hearing until brought to completion.

5.

Notice of hearing. Official written notice of public hearing on every application for a variance or special exception or for an interpretation of regulations applying solely to an individual property shall be sent to all owners of property, or to the person rendering the same for city taxes, affected by such application, located within 200 feet of any property affected thereby, within not less than ten days before such hearing is held. Such notice shall be served by using the last known address as listed on the city tax roll and depositing the notice, postage paid, in the United States Mail.

D.

HEARING AND DECISION:

1.

General.

a.

The board shall fix a reasonable time for the hearing on the appeal or application, give public notice thereof, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or agent. Evidence supporting the grant or denial of an appeal shall be submitted only through the administrative official or to the board in public meeting.

b.

Any appeal or application may be withdrawn upon written notice to the administrative official prior to hearing by the board.

2.

Decision and voting.

a.

Every decision of the board shall be based upon findings of fact and every finding of fact shall be supported in the record of proceedings. The enumerated conditions required to exist on any matter upon which the board is authorized to pass under this ordinance shall be construed as limitations on the power of the board to act.

b.

Nothing herein contained shall be construed to empower the board to change the terms of this ordinance, or to effect changes in the zoning districts. The powers of the board shall be so applied that the terms of this ordinance will be strictly enforced.

c.

In exercising its powers, the board of adjustment, in conformity with the provisions of Section 211.008, Board of Adjustment, through Section 211.013, Conflicts With Other Laws: Exceptions of the Local Government Code [V.T.C.A., Local Government Code §§ 211.008—211.013], may modify in whole or in part any order, requirement, decision, or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken.

d.

The concurring vote of four members of the board shall be necessary to reverse, on appeal, any order, requirement, decision or determination of the administrative official, or to approve any application upon which it is required to pass under this ordinance or to effect any variance in said ordinance.

3.

Disqualification for voting.

a.

A member shall disqualify himself from voting whenever he has a personal or monetary interest in the property under appeal, or will be directly affected by the decision of the board.

b.

A member may disqualify himself from voting whenever any applicant, or his agent, has sought to influence the member's vote on the appeal, other than in the public hearing.

4.

Approval of request.

a.

In approving any request the board of adjustment may designate such conditions in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.

b.

When necessary the board of adjustment may require guarantees, in such form as it deems proper, to ensure that conditions designated in connection therewith are being or will be complied with.

c.

Unless a building permit or certificate of occupancy is obtained, the appeal shall expire 60 days after the board's decision unless a greater time is requested in the application and is authorized by the board. Any approval may be granted one emergency extension of 60 days on written request filed with the board before expiration of the original approval.

5.

Denial of request. No appeal or application that has been denied shall be further considered by the board under a subsequent request obtained by filing new plans and obtaining a new decision from the administrative official unless:

a.

The new plans materially change the nature of the request; or

b.

The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the board, so as to support an allegation of changed conditions.

6.

Appeal of board action. Any person or persons, jointly or separately, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, or board of the city, may present to a court of record, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the filing of the decision complained of, in the offices of the board of adjustment, and not thereafter.

E.

AUTHORIZED SPECIAL EXCEPTIONS: The following privately owned or privately operated uses may be permitted as special exceptions by the board in the districts indicated below, subject to full and complete compliance with any and all conditions listed, together with such other conditions as the board may impose for protection of public health or safety:

(Ord. No. 2011-18, § 1, 6-19-2011)

Cross reference— Boards and commissions, § 2-31 et seq.