Monahans City Zoning Code
§ 9.03.021
Amendments.
(a)
The city council of the City of Monahans may from time to time, after hearing and public notice of such hearing given by one (1) publication in the official newspaper at least fifteen (15) days before the time of hearing, amend, supplement or change the regulations and districts herein or subsequently established. Whenever the owner of fifty (50) percent or more of the area of all the property within a radius of two hundred (200) feet of any area proposed to be changed shall present to the council a petition duly signed and acknowledged by them, requesting any such amendment, supplement or change of the regulations prescribed for such district, or part thereof, the council shall act upon such petition within ninety (90) days after the filing thereof. In case, however, of a protest against a change, signed by the owners of twenty (20) percent or more either of the area of the lots included in proposed change, or of those immediately adjacent in the rear thereof extending two hundred (200) feet therefrom, or of those directly opposite thereto extending two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by a favorable vote of three-fourths (3/4) of the voting members of the city council. In all cases where any person or persons shall petition the council to amend this article or the map, such person or persons shall bear all expense of the publication of the required notice of the required public hearing.
(b)
Procedure; applications for changes and amendments, and associated fees.
(1)
Any person, firm or corporation desiring a change in regulations, restrictions or boundaries of the zoning map of any property from one (1) zoning district classification to another zoning district classification under this article shall make application for such change to the planning and zoning commission in writing and by filing such written application with the department of planning and community development, requesting a change in zoning district classification, which such application shall contain the following information:
(A)
Legal description of the land on which such zoning district classification is requested together with the local street address of same.
(B)
Name and address of each owner or owners of the property which is the subject to such application.
(C)
Name and address of the person making the application, if made by anyone other than the owner, together with a statement on a form prescribed and furnished by the city, that the person making the application is authorized to act for the owner or owners in making such application.
(D)
Zoning district classification under which the property is regulated at the time of such application and zoning district classification requested in the application.
(E)
Any other information concerning the property as may be requested by the planning and zoning commission.
(2)
Upon the proper filing of an application for a zoning district change, as prescribed herein, the applicant shall pay to the city filing fees to help defray necessary costs of processing the application as required, including publication and mailing of required notices:
(A)
A change to one (1) of the standard zone districts: As set forth in the fee schedule in appendix A of this code, plus mailing and public notice fees for each different zoning district requested.
(B)
Specific use permit request: As set forth in the fee schedule in appendix A of this code, plus mailing and public notice fees.
(C)
Planned district or planned district amendment: As set forth in the fee schedule in appendix A of this code.
(E)
Separate planned district site plan review: As set forth in the fee schedule in appendix A of this code.
(F)
Provided, however, that in the event the application is withdrawn by the applicant and no public hearing before the planning and zoning commission is held thereon, then, and in that event, an amount equal to eighty (80) percent out of said filing fee shall be refunded the applicant.
(G)
In the event the planning and zoning commission does not recommend the zoning district classification change and the applicant does not request that such application be forwarded to the city council for a public hearing and determination as provided in subsection (3) of this subsection, then an amount equal to thirty (30) percent of said filing fee shall be refunded to the applicant.
(3)
In the event that the planning and zoning commission recommends that a zoning district classification change not be granted, the case will not be processed further and shall not be forwarded to the city council for public hearing, unless the applicant shall, within fifteen (15) days after the date the planning and zoning commission votes to recommend that the zoning district classification not be granted, file with the planning and zoning commission a request in writing requesting that such application be forwarded to the city council for public hearing and determination of the zoning district classification change request.
(4)
All applicants for zoning district classification changes where the planning and zoning commission has finally recommended such zoning district classification shall be automatically processed and forwarded to the city council for a public hearing and determination of the zoning district classification change request.
(5)
No application requesting a zoning district classification change on any property, any part of which has been the subject of a previous request for rezoning that was denied by the planning and zoning commission and/or the city council, shall be considered by the planning and zoning commission before the expiration of one hundred eighty (180) days from the date of final action of the commission or the council, whichever is later.
(6)
No application requesting a zoning district classification change on any property, any part of which has been the subject of a previous request for rezoning that was denied by the planning and zoning commission and/or city council, shall be considered by the planning and zoning commission before the expiration of one (1) year from the date of final action of the commission or the council on the previous application, whichever is later, unless a vote of not less than seventy-five (75) percent of the entire membership of the commission determines that the proposed application may be worthy of consideration before the end of said one-year period based on a finding that:
(A)
The zone change request set forth in the application is more restrictive and offers more assurance of compatibility with the area zoning pattern than the request which was denied, and, in the case of a request for a planned district, the application is not a request for the same or a substantially similar planned district requested in the prior application on all or a part of the same property; or
(B)
Since the final action on the previous application, the character of the district or surrounding area involved has so changed that the public health, safety, morals, or general welfare warrants or justifies an earlier hearing on said requested or another zone or use classification change.
In no case shall such application be considered by the commission earlier than one hundred eighty (180) days from the date of final action of the commission or the council, whichever is later, as required by subsection (5) of this subsection.
(7)
No final action by the city council on a zone change becomes effective until all fees are paid.
(Ordinance 486, sec. 18, adopted 4/26/62; Ordinance 943, sec. 1, adopted 9/28/93; Ordinance 1135, sec. 7, adopted 5/10/11; 1972 Code, sec. 27-18; Ordinance adopting 2023 Code)