[1]
Editor’s note–This article consists of the zoning ordinance, Ordinance 486 adopted March 26, 1962, previously published as chapter 27 in the 1972 Code of Ordinances, as amended. Section and subsection numbers, style, capitalization and formatting have been changed to be consistent with the remainder of the Code of Ordinances, and this will be maintained in future amendments to this article. Changes in the names of state agencies have been incorporated without notation. Any material added for purposes of clarification is enclosed in brackets.
The zoning regulations and districts herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been 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; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things to the character of the district, and its peculiar suitability for the particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
(Ordinance 486, sec. 1, adopted 3/26/62; 1972 Code, sec. 27-1)
(a) 
Words used in the present tense include the future; words in the singular number include the plural number; the words in the plural number include the singular number; the word “building” includes the word “structure”; the word “lot” includes the word “plot”; the word “shall” is mandatory and not directory.
(b) 
Certain words in this article are defined for the purpose hereof, as follows:
Accessory.
A subordinate use of building customarily incident to and located on the lot occupied by the main use or building.
Alley.
A way which extends only secondary means of access to abutting property and is not over twenty (20) feet wide.
Apartment.
A room or suite of rooms in an apartment house or tenement, arranged, designed or occupied as the residence of a single family, individual or group of individuals.
Apartment house.
A building or portion thereof arranged, designed or occupied by three (3) or more families living independently of each other.
Beer parlor.
A place where beer or wine is sold for consumption on the premises, save and except where sold for consumption in connection with a “restaurant or cafe” as defined herein.
Boarding house.
A building other than a hotel where lodging and meals for five (5) or more persons are served for compensation.
Depth of lot.
The mean horizontal distance between the front and rear lot lines.
Depth of rear yard.
The mean horizontal distance between the rear line of a building other than an accessory building and the centerline of the alley where an alley exists, otherwise the rear lot line.
District.
A section of the City of Monahans for which the regulations governing the area, height or use of buildings are uniform.
Family.
A family is any number of individuals living together as a single housekeeping unit.
Front yard.
An open unoccupied space between the building and a front street line of the lot.
Gross floor area.
The gross floor area of an apartment house shall be measured by taking outside dimensions of the apartment building at each floor level excluding, however, the floor area of basements or attics not used for residence purposes.
GVRW.
GVRW or (gross vehicle rated weight) is how much weight a vehicle is designed to carry. The gross includes the net weight of the vehicle, plus the weight of passengers, fuel, cargo and any additional access [accessories] or a configuration of both.
Height.
The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher, or if no street grade has been established to the highest point of the roof’s surface if a flat surface; to the deck line of mansard roofs; and to the mean height level between eaves and ridge or gable roofs. In measuring the height of a building, the following structures shall be excluded; chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulkheads, penthouses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.
Hotel.
A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals, in which, as a rule, the rooms are occupied single for hire, in which provisions are not made for cooking in any individual apartment, and in which there are more than twelve (12) sleeping rooms, a public dining room for the accommodation of more than twelve (12) guests, and a general kitchen.
Kennel.
Kennels as used in this chapter shall mean any lot, building, structure, enclosure or premises wherein more than four (4) dogs or more than four (4) cats are kept, whether for commercial, noncommercial or veterinary purposes, including places where dogs or cats are boarded, kept for sale, or kept for hire.
Lodging house.
A building, other than a hotel, where lodging for five (5) or more persons is provided for compensation.
Lot.
Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as are required under this article, having its principal frontage upon a public street or officially approved place.
Lot, corner.
A lot situated at the juncture of two (2) or more streets and having a width not greater than one hundred (100) feet.
Lot lines.
The lines bounding a lot as defined herein.
Nonconforming uses.
A building or premises occupied by a use that does not conform to the regulations of the use district in which it is situated.
One-family dwelling.
A detached building having accommodations for and occupied by only one family.
Open space.
Area included in any side, rear or front yard or any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves or porches.
Person.
The word “person” when used in this article shall for the purpose of this article mean every natural person, firm, co-partnership, association, partnership, corporation or society; and the term “person” shall include both singular and plural, and the masculine shall embrace the feminine gender.
Place.
An open, unoccupied space reserved for purposes of access to abutting property.
Premises.
All of the real estate as is described by the particular deed, lease, or other instrument of conveyance together with all buildings, structures, fixtures, and equipment presently or subsequently situated thereon.
Private dance.
The term “private dance” shall mean and include any dance given at any home or any dance given or held by a bona fide club, admission to which is granted members and their invited guests and from which the general public is excluded.
Private garage.
A garage with capacity for not more than five (5) motor-driven vehicles for storage only and for private use.
Private stables.
A stable with a capacity for not more than four (4) mules or horses.
Public garage.
Any premises not a private garage, as defined above, used for housing or care of more than three (3) motor-driven vehicles or where any such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.
Public stables.
A stable with a capacity of more than four (4) mules or horses.
Rear yard.
A space unoccupied except by buildings of accessory use as herein permitted, extending for the full width of the lot between a building other than a building of accessory use and the rear lot line.
Restaurant or cafe.
A place equipped to serve complete meals, such equipment to include commercial stove with oven capable of baking or roasting, or other equipment and utensils necessary for the preparation and serving of meals; and where the gross business done from the sale of articles other than alcoholic beverages exceeds seventy (70) percent of the total volume of business done by said establishment.
Side yard.
An open unoccupied space on the same lot with a building situated between the building and the side line of the lot, and extending through from the street or from the front yard to the rear yard or to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
Story.
That portion of a building included between the surface and the floor next above it, or if there be no floor above, then the space between such floor and the ceiling next above.
Story, half.
A story having an average height of not more than eight (8) feet covering a floor area of not more than seventy-five (75) percent of the area of the floor on the first story below.
Street.
A public thoroughfare more than twenty (20) feet wide.
Structural alterations.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Two-family dwellings.
A detached building for separate accommodations for and occupied as a dwelling for only two (2) families.
Width of side yard.
The mean horizontal distance between a side wall of any building and the side line of the lot or to the centerline of any alley adjacent to such side lot line.
(Ordinance 486, sec. 2, adopted 3/26/62; Ordinance 1135, sec. 1, adopted 5/10/11; 1972 Code, sec. 27-2)
(a) 
Zoning regulations and districts as herein set forth are approved and established. The City of Monahans is hereby divided into districts, of which there shall be eight (8) [sic] known as follows:
R-1 District–Single-family
R-2 District–Two-family
R-3 District–Multi-family
R-4 District–Limited business
R-5 District–Planned development, residential
C-1 District–Local retail
C-2 District–General retail
C-3 District–Commercial
M-1 District–Light manufacturing
M-2 District–Heavy manufacturing
(b) 
The boundaries of such districts are hereby determined to be as they are shown upon the zoning map which accompanied Ordinance Number 486 and is on file in the office of the city secretary and which is hereby declared a part hereof. All notations, references and other information shown on such zoning map shall be as much a part of this article as if the matters and information set forth by said map were fully described herein. Except as hereinafter provided, no building shall be erected, repaired, reconstructed or structurally altered nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located; no building shall be erected, repaired, reconstructed or structurally altered to exceed the height or bulk limit herein established for the district in which such building is located; no lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this article nor shall the yard or open spaces provided about any building for the purpose of complying with the provisions of these regulations be considered as providing a yard or open space for any other building and every building hereafter erected shall be located on a lot as herein defined and in no case shall there be more than one building on one lot except as hereinafter provided.
(Ordinance 486, sec. 3, adopted 3/26/62; Ordinance 693, sec. 1, adopted 5/11/76; Ordinance 733, sec. 1, adopted 8/29/78; Ordinance 809 adopted 7/13/82; 1972 Code, sec. 27-3)
In an R-1 district no building or land shall be used, and no building shall be hereafter erected or structurally altered which is arranged or designed to be used, for other than one or more of the following uses:
(1) 
One-family dwellings.
(2) 
Public park and playgrounds.
(3) 
Schools and colleges.
(4) 
Accessory buildings will be permitted including a private garage and servants’ quarters when located not less than sixty (60) feet from the front line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line, the servants’ quarters, however, shall not be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servants’ house is an accessory building.
(5) 
Incidental uses customarily incident to any use, authorized by this section, may be carried on in not more than one room or compartment, when located with [within] the same building or upon the same lot in which or on which the use authorized by this section is actually made of the premises, if the following conditions are strictly fulfilled: Such incidental uses must be definitely incidental and not a principal use, and must be indispensably necessary to the enjoyment of the premises for any one of the uses permitted by this section. The incidental use must be customary according to the then prevailing custom in the area and adjacent areas which are exclusively residential in character. Nothing herein shall authorize or be construed to permit the use of any part of the premises within a single-family dwelling district for the purpose of conducting or carrying on the business, trade or professional practice, or carrying on the business or practice of rendering personal trade or professional service for which a charge is made, or for which any kind of remuneration is required or received by occupants of the premises, except that professional services may be rendered in unusual and occasional emergency cases when such service is essential to the preservation of life or to the rendering of first aid.
(6) 
No advertising sign of any character shall be permitted in any R-1 district, excepting, however, that a name plate not exceeding one (1) square foot in area and a temporary bulletin board or sign not exceeding twelve (12) square feet in area, pertaining to the lease, hire or sale of a building or premises, may be permitted.
(7) 
Any use not specifically included in, or excluded from, any of the other use classifications herein, provided such use is not noxious or offensive by reason of the emission of dust, odor, smoke, gas fumes, noise or vibration.
(Ordinance 486, sec. 4, adopted 3/26/62; 1972 Code, sec. 27-4)
In a R-2 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:
(1) 
One-family dwelling.
(2) 
Two-family dwelling.
(3) 
Churches.
(4) 
Farming and truck gardening, nurseries (no sales office).
(5) 
Water supply reservoirs, towers and deep wells.
(6) 
Telephone exchange (no business office).
(7) 
Accessory buildings will be permitted, including a private garage and servants’ quarters when located not less than sixty (60) feet from the front lot line, nor less than five (5) feet from any other street line, nor less than three (3) feet from either side line. The servants’ quarters, however, shall not be leased or rented to anyone other than to the family of a bona fide servant giving more than fifty (50) percent of his or her time to the family occupying the premises to which the servants’ quarters is an accessory building.
(8) 
Incidental uses customarily incident to any use, authorized by this section, may be carried on in not more than one room or compartment, when located within the same building or upon the same lot in which or on which the use authorized by this section is actually made of the premises, if the following conditions are strictly fulfilled: Such incidental use must be definitely incidental and not a principal use, and must be indispensable necessary to the enjoyment of the premises of any one of the uses permitted by this section. The incidental use must be customary according to the then prevailing custom in the area and adjacent areas which are exclusively residential in character. Nothing herein shall authorize or be construed to permit the use of any part of the premises within a single-family dwelling district for the purpose of conducting or carrying on the business, trade or professional practice, or carrying on the business of practice of rendering personal trade or professional service for which a charge is made or for which any kind of remuneration is required or received by occupants of the premises, except that professional services may be rendered in unusual and occasional emergency cases when such service is essential to the preservation of life or to the rendering of first aid.
(9) 
No advertising sign of any character shall be permitted in any R-2 district, excepting, however, that a name plate not exceeding one (1) square foot in area and a temporary bulletin board or sign not exceeding twelve (12) feet in area, pertaining to the lease, hire or sale of a building of the premises, may be permitted.
(10) 
Any use not specifically included in, or excluded from, any of the other use classifications herein, provided such use is not noxious or offensive by reason of the emission of dust, odor, smoke, gas fumes, noise or vibration.
(Ordinance 486, sec. 5, adopted 3/26/62; 1972 Code, sec. 27-5)
In the R-3 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one or more of the following uses:
(1) 
Any use permitted in the R-2 district.
(2) 
Apartment house and multiple dwellings.
(3) 
Boarding and rooming houses.
(4) 
Hospitals and clinics, excepting tubercular and veterinary hospitals and clinics and those for alcoholic, narcotic, insane and feebleminded patients.
(5) 
Hotels in which business may be conducted for the sole convenience of the occupants with entrance to such place of business from the inside of the building only.
(6) 
Libraries and museums.
(7) 
Necessary buildings and uses customarily incident to any of the above uses are permitted when not involving the conduct of a business other than incidental to the residential use of such lot, including private and storage garages; provided, however, that no such accessory building or use shall be located less than sixty (60) feet from the front lot line, nor less than five (5) feet from any other street line nor less than three (3) feet from either side line.
(8) 
(A) 
A temporary sale (temporary occasional sale of personal property) which shall be defined as one (1) or two (2) sales of tangible personal property at retail not exceeding three (3) consecutive days in length for each sale during any twelve (12) month period carried on at a home or residence by a person who does not hold himself out as engaging in or who does not habitually engage in the business of selling such tangible personal property at retail and who does not carry on such sale or sales in such a manner as to create a disturbance or become a nuisance to the neighborhood, and only so long as such person is selling only personal property that belongs to him personally and has not been purchased for purpose of resale. No more than two (2) signs shall be posted on any residential property advertising such sales, and no such sign shall exceed a size of two hundred eighty-eight (288) square inches.
(B) 
It shall be unlawful for any person to hold a temporary sale without obtaining a permit for such purpose from the city secretary. All persons desiring to hold a temporary sale shall file a written application with the city secretary which shall contain the name and address of the applicant and the date and place of such temporary sale. Such application shall be accompanied by service fee payable to the City of Monahans in the amount set forth in the fee schedule in appendix A of this code, which is to be deposited in the general fund of the city.
(Ordinance 486, sec. 6, adopted 3/26/62; Ordinance 661, sec. 1, adopted 6/26/73; 1972 Code, sec. 27-6; Ordinance adopting 2023 Code)
In the R-4 district no building or land shall be used and no building shall be hereafter structurally altered which is arranged or designed to be used for other than one or more of the following uses:
(1) 
Any use permitted in the R-1 district.
(2) 
Incidental uses only in conjunction with a single-family dwelling.
(3) 
Beauty shops, hobby shops, ceramic shops, rock shops, group day-care homes. Other incidental uses may be approved by the city council after a public hearing, and it is determined not to be detrimental to the neighborhood.
(4) 
This district shall be created only in locations approved by the city council after a duly called hearing conforming to conditions specified in the zoning ordinance for any other zone change. The city council shall also regulate uses in this district as to conformity with the intended use of this district.
(5) 
Incidental uses customarily incident to any use, authorized by this section, may be carried on in not more than one room or compartment, when located within the same building or upon the same lot in which or on which the use authorized by this section is actually made of the premises, if the following conditions are strictly fulfilled: Such incidental use must be definitely incidental and not a principal use and must be indispensably necessary to the enjoyment of the premises of any one of the uses permitted by this section. The incidental use must be customary according to the then prevailing custom in the area and adjacent areas which are exclusively residential in character. Nothing herein shall authorize or be construed to permit any use which would create traffic congestion, undue noise or any activity which would be offensive to a residential zone.
(6) 
Uses in this district for the purposes approved by the city council, shall cease if:
(A) 
The property, or any part thereof, or any rights incidental to the property, for which such uses are allowed by the city council, is sold, assigned, leased, rented or conveyed or let in any manner by the party for whom the uses were allowed by the city council; or
(B) 
The property, or any rights incidental to the property, ceases, in whole or in part, to be used for the specific purposes approved by the city council at the hearing creating the R-4 district.
(Ordinance 693, sec. 2, adopted 5/11/76; Ordinance 733, sec. 2, adopted 8/29/78; Ordinance 876, sec. 1, adopted 8/25/87; 1972 Code, sec. 27-6.1)
In the R-5 district no building shall be erected or structurally altered that is not in conformity with an approved site plan as approved by the city council.
(1) 
This district shall be created only in locations approved by the city council after a duly called hearing conforming to conditions specified in the zoning ordinance for any other zone change.
(2) 
In this district no building shall be arranged or designed to be used for any purpose other than residential uses or accessory buildings customarily incident to residences.
(Ordinance 809 adopted 7/13/82; 1972 Code, sec. 27-6.2)
(a) 
The city council, after public hearing and property [proper] notice to all parties affected and after recommendation by the planning and zoning commission, may authorize the issuance of specific use permits with or without term for the following types of uses in the following districts:
(1) 
Radio, cell and television broadcasting towers and transmitting stations (commercial only) in any district.
(2) 
Hospitals, convalescent homes, or institutions of a religious, education, or philanthropic nature in any district.
(3) 
Mobile home parks in any district.
(4) 
Rock quarries and sand, gravel, and caliche excavations in any district.
(5) 
Cabinet (custom) shops with the following restrictions (together with any others the council may impose), to wit:
(A) 
The operation must be housed entirely within a building (no outside storage permitted), to be no larger than three thousand five hundred (3,500) square feet in total floor area; and
(B) 
No tools or machinery with greater than five (5) horsepower may be used.
(6) 
Drive-in restaurants.
(7) 
Apartments.
(8) 
Townhouses.
(9) 
Sexual oriented businesses.
(10) 
Accessory building for living or sleeping quarters in any district, not including rental as a separate dwelling.
(11) 
Automobile sales, new (where the major business is the display and sale of new automobiles by a factory-authorized dealer, and where mechanical and body repair and used car sales, if permitted, are strictly incidental thereto, and not including wrecking or auto salvage yard).
(12) 
Community and civic type recreational, educational or fine arts facilities.
(13) 
Governmental offices in any district.
(14) 
Institutions of a religious, educational or philanthropic nature in any district.
(15) 
Medical supplies, retail or medical or dental laboratory or optical laboratory in any district.
(16) 
Private school, elementary or secondary in any district.
(17) 
Utility storage (consisting of private storage rental units, each unit not exceeding three hundred (300) square feet in area and one (1) standard story in height.
(18) 
Pipe and oil well supply, storage and sales yard in the C-3 district.
(19) 
Oilfield contractor servicing, supply and storage yard in the C-2 district.
(20) 
Convalescent, nursing or custodial care home, or hospital, in the R-3, C-1 and C-2 district.
(21) 
Construction contractors in C-2 district.
(22) 
Such other uses as the city council may deem proper or necessary.
(b) 
Every application for a specific use permit of any type shall be accompanied by the following minimum information.
(1) 
A detailed description of the intended use of the property.
(2) 
The availability and location of off-street parking.
(3) 
The projected amount of additional traffic generated in and around the property, the types of vehicles anticipated that will be visiting the property, the likely changes in traffic patterns, and the possible impact such changes in traffic will have on properties within five hundred (500) feet of the subject property.
(4) 
The proposed number of occupants or users of the property and the proposed hours of occupancy.
(5) 
If the use proposed will require deliveries of goods to the property.
(6) 
Whether or not the proposed use requires any type of state or federal license or permit to operate and what type of license or permit is required.
(7) 
The number and locations of properties within one-half (1/2) mile of the applicant’s property that have the same or similar use(s) as that proposed by the applicant.
(c) 
The city planning and zoning commission, in considering and determining its recommendations, or the city council, in considering any request for a specific use permit, may require from the applicant plans, information, operating data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The city council may, in the interest of the public welfare and to assure compliance with this title, establish conditions of operation, location, arrangement, occupancy limits, and construction of any use for which a permit is authorized.
(d) 
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 location indicate important to the welfare and protection of adjacent property from excessive noise, vibration, dust, dirt, smoke, fumes, gas, odor, traffic, explosion, glare, offensive view or other undesirable or hazardous conditions.
(e) 
A specific use permit without term shall be effective until repealed by the city council.
(f) 
A specific use permit with term shall be effective for two (2) years from the date of approval by the city council, subject to extension in accordance with this code or early termination in accordance with this code.
(g) 
A specific use permit with term may be renewed for additional two-year terms in accordance with the following procedure:
(1) 
The then-current owner of the property subject to the permit shall submit to the city manager an application for a renewal of the permit not later than sixty (60) days prior to the expiration of the then-current term, which application shall contain such information as may be required by the city manager. As part of the application for renewal, the property owner shall certify under oath that the use of the property has been at all times during the term of the permit in compliance with the provisions of the permit.
(2) 
Upon a finding of the city manager that the use of the property has been and remains in compliance with the provisions of the permits originally issued, the term of the permit shall be extended for an additional two-year term from the date of termination of the prior term.
(3) 
Upon a finding of the city manager that the use of the property has not been or is not in compliance with the provisions of the permit, the city manager shall send written notice to the owner of the property at the last known address as determined by the property rolls of the Ward County Appraisal District within ten (10) working days of the city manager’s finding that the permit will not be extended beyond the then-current term. Said notification shall contain a summary of the findings by the city manager citing what provisions of the permit or the city code have been violated. The owner of the property shall have ten (10) calendar days from receipt of the city manager’s notice to file a written appeal with the city council with a summary of the property owner’s basis for appeal. Unless requested by the property owner, the appeal shall be heard at the next regular city council meeting which occurs on or after the tenth calendar day following the receipt of the notice of appeal.
(4) 
The appeal to the city council shall be conducted in accordance with the procedures adopted by the city council. The decision of the city council shall be final.
(h) 
A specific use permit with term shall terminate prior to the expiration of the then-current term upon a finding by the city manager that the property for which the permit was issued has not been used for the purpose for which the permit was issued for a period of more than one hundred twenty (120) consecutive days. The city manager shall within ten (10) days of said finding send written notice of termination pursuant to this section to the owner of the property at the last known address of the owner as shown by the property rolls of the Ward County Appraisal District.
(Ordinance 1135, sec. 2, adopted 5/10/11; 1972 Code, sec. 27-6.3)
In the C-1 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in the R-3 district.
(2) 
Bowling alleys.
(3) 
Dyeing, cleaning and pressing shops.
(4) 
Gasoline stations.
(5) 
Nurseries with sales offices.
(6) 
Offices, studios, banks.
(7) 
Restaurants or cafes.
(8) 
Retail stores, barbershops, beauty parlors and other shops for custom work; or the making of articles to be sold at retail on the premises, provided that no “secondhand goods” stores or yards will be permitted in the C-1 district.
(9) 
Theaters.
(10) 
Laundromats.
(11) 
Liquor stores.
(12) 
Kennels, veterinary hospitals.
(13) 
Grocery store.
(14) 
Convenience store.
(15) 
Meat market.
(Ordinance 486, sec. 7, adopted 3/26/62; Ordinance 723, sec. 1, adopted 2/14/78; Ordinance 1133, sec. 1, adopted 4/12/11; Ordinance 1135, sec. 3, adopted 5/10/11; 1972 Code, sec. 27-7)
In the C-2 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in the C-1 district.
(2) 
Auto sales, garages.
(3) 
Bakeries.
(4) 
Candy manufacturing, cigar manufacturing.
(5) 
Electrical equipment repair.
(6) 
Laundries.
(7) 
Lumber, building materials, storage yards.
(8) 
Mortuaries.
(9) 
Motor freight depots, bus depots.
(10) 
Newspapers, job printing.
(11) 
Public storage garages.
(12) 
Tire repair shops.
(13) 
Tourist camp or courts.
(14) 
Any use not specifically included in or excluded from any other use classification described herein; provided such use is not noxious or offensive by reason of the emission of dust, odor, smoke, gas fumes, noise or vibration; provided further that no kind of manufacture or treatment shall be permitted in the C-2 district other than that of products clearly incidental to the conduct of a retail business on the premises.
(15) 
Secondhand goods stores.
(16) 
Oil field service company, contractor, equipment sales and service office/yard, with limitation of equipment and single-axle trucks not to exceed eighteen (18) tons gross vehicle rated weight.
(Ordinance 486, sec. 8, adopted 3/26/62; Ordinance 1004, sec. 1, adopted 10/13/98; Ordinance 1135, sec. 4, adopted 5/10/11; 1972 Code, sec. 27-8)
In the C-3 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in the C-2 district.
(2) 
Bottling works.
(3) 
Cold storage.
(4) 
Oil field service contractor equipment sales and service with equipment/dual trucks exceeding eighteen (18) tons gross vehicle rated weight including, but not limited to, transport trucks, pulling/work over units, and construction equipment.
(5) 
Milk distribution stations.
(6) 
Plumbing shops.
(7) 
Skating rinks.
(8) 
Blacksmithing; machine shops; boiler works.
(9) 
Oil well equipment, sales, service and supplies.
(10) 
Oil well equipment storage.
(11) 
Sign shops.
(12) 
Sheetmetal works.
(Ordinance 486, sec. 9, adopted 3/26/62; Ordinance 568 adopted 3/28/66; Ordinance 723, sec. 2, adopted 2/14/78; Ordinance 960, sec. 1, adopted 1/10/95; Ordinance 1004, sec. 2, adopted 10/13/98; Ordinance 1135, sec. 5, adopted 5/10/11; 1972 Code, sec. 27-9)
In the M-1 district no building or land shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in the C-3 district.
(2) 
Automobile wrecking; junkyards.
(3) 
Beer parlors.
(4) 
Canning plants.
(5) 
Concrete mixing plants, mortar, plaster, paving materials, etc.
(6) 
Creameries.
(7) 
Dance halls; nightclubs.
(8) 
Egg storage and processing plants.
(9) 
Flour and feed mills.
(10) 
Grain elevators; cotton gins.
(11) 
Mattress manufacturing.
(12) 
Agriculture greenhouse.
(13) 
Petroleum bulk storage for wholesale.
(14) 
Planing mills; wood box manufacturing.
(15) 
Any manufacturing or industrial use except those that are offensive by reason of excess dust, smoke, noise or odor.
(Ordinance 486, sec. 10, adopted 3/26/62; Ordinance 568 adopted 3/28/66; Ordinance 960, sec. 2, adopted 1/10/95; Ordinance 1133, sec. 2, adopted 4/12/11; Ordinance 1135, sec. 6, adopted 5/10/11; 1972 Code, sec. 27-10)
In the M-2 district no building or land shall be used and no building shall be hereafter erected or structurally altered which is arranged or designed to be used for other than one (1) or more of the following uses:
(1) 
Any use permitted in the M-1 district.
(2) 
Acid manufacturing.
(3) 
Creosote, petroleum treatment and manufacture.
(4) 
Fertilizer, glue or gelatin manufacture.
(5) 
Poultry killing; stock yards.
(6) 
Railroad roundhouses, shops.
(7) 
Any use whatsoever not in conflict with the provisions of this article or any ordinance of the City of Monahans regulating nuisances.
(Ordinance 486, sec. 11, adopted 3/26/62; 1972 Code, sec. 27-11)
The following restrictions, limitations and provisions shall apply to nonconforming uses in all districts and areas designated herein and in the zoning map:
(1) 
The lawful use of property or land existing at the time of the passage of Ordinance Number 486 or applicable amendments which does not conform to the regulations prescribed in this article shall be deemed as a nonconforming use.
(2) 
The lawful use of buildings or land existing at the time of the passing of Ordinance Number 486 or applicable amendments, although such use does not conform to the provisions hereof, may be continued, provided, if such nonconforming use is discontinued for any period of time, any future use of said buildings or land shall be in conformity with the provisions of this article. Such nonconforming use of a building may be extended through the building, provided no structural alterations, except those required by law or other ordinances of the City of Monahans, are made therein, and, if no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or of a more restricted classification, but in no event may a nonconforming use of a building be changed to a nonconforming use of a lower or less restricted classification.
(3) 
If a building occupied by a nonconforming use is destroyed by fire, casualty or act of God, it shall not be reconstructed or rebuilt except in conformity with the provisions of this article, provided nothing in this article shall be taken to prevent the restoration of the building destroyed to the extent of not more than sixty (60) percent of its reasonable value, unless the continued occupancy or use of such building or a part thereof, shall cease to exist at the time of such partial destruction.
(4) 
The right of nonconforming uses of buildings or land to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation which, in the judgment of the board of adjustment, reasonably may be required for the protection of the adjacent property.
(5) 
The lawful location and maintenance of commercial signs and billboards existing at the time of the passage of Ordinance Number 486 or applicable amendments may be continued as a nonconforming use, although such use does not conform to the provisions hereof; provided, however, that no structural alterations are made thereon and provided further, that all such nonconforming signs and billboards and their supporting members shall be completely removed by their owners no later than three (3) years from the date of the passage of Ordinance Number 486 or applicable amendments.
(6) 
The foregoing provisions shall apply to the nonconforming uses in districts which are hereafter changed by amendment of this article or the zoning map.
(Ordinance 486, sec. 12, adopted 3/26/62; 1972 Code, sec. 27-12; Ordinance adopting 2023 Code)
(a) 
Height of buildings.
(1) 
The height of buildings in the R-1, R-2, R-5, C-1 and C-2 districts shall not exceed thirty-five (35) feet or two and one-half (2-1/2) stories and the height of buildings in the C-3 district shall not exceed forty-five (45) feet or three (3) stories.
(2) 
One-family dwellings in the thirty-five (35) foot height districts may be increased in height by not more than ten (10) feet when two (2) side yards of not less than fifteen (15) feet each are provided. Such dwellings, however, shall not exceed three (3) stories in height.
(3) 
In the thirty-five (35) and forty-five (45) foot height districts public or semi-public buildings, hotels, apartments, hospitals, sanitariums, or schools may be erected to a height not exceeding seventy-five (75) feet when the front, side and rear yards are each increased an additional foot for each foot such buildings exceed thirty-five (35) feet and forty-five (45) feet, respectively, in height.
(4) 
The height of buildings in the R-3 district shall not exceed one hundred (100) feet or eight (8) stories, but above the height permitted at said yard line, four (4) feet may be added to the height of the building for each one (1) foot the building or portion thereof is set back from the required yard lines; provided, however, that the cubical content of such building shall not exceed the cubical content of a prism having a base equal to the area of the lot and a height of one hundred (100) feet.
(5) 
Chimneys, water towers, penthouses, scenery, lots, sugar refineries, domes, spires, standpipes, false mansards, parapet walls, similar structures and necessary mechanical appurtenances may be erected as to their height in accordance with existing or hereafter adopted ordinances of the City of Monahans.
(6) 
On through lots one hundred fifty (150) feet or less in depth, the height of a building may be measured from the curb level on either street. On through lots more than one hundred fifty (150) feet in depth, the height regulation and basis of the height measurement for the street permitting the greater height shall apply to a depth of not more than one hundred fifty (150) feet from that street.
(b) 
Front yards.
(1) 
In the R-1, R-2, R-3, and C-1 districts there shall be a front yard having a depth of not less than twenty-five (25) feet from the property line to the front line of the building, covered porch or covered terrace, or attached accessory building.
(2) 
In each of C-2, R-5, C-3, M-1 and M-2 districts no front yard is required unless building is erected or structurally altered for dwelling purposes, in which event, a front yard of not less than fifteen (15) feet depth is required.
(3) 
Where the frontage on one (1) side of a street between two (2) intersecting streets is zoned for two (2) classes of districts, the setback on the most restricted district shall apply to the entire block.
(c) 
Rear yards.
(1) 
In all districts where buildings are erected or structurally altered for dwelling purposes there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(2) 
In the R-3, C-1, and C-2 districts there shall be a rear yard having a depth of not less than twenty (20) percent of the depth of the lot, provided such rear yard need not exceed twenty-five (25) feet.
(3) 
In the C-3, M-1, and M-2 districts when property is not used for dwelling purposes and when not abutting on the rear on a dwelling district, no rear yard is required. If abutting on the rear of dwelling districts R-1, R-2, or R-3, then a rear yard of at least ten (10) feet is required.
(4) 
In computing the required depth of a rear yard for any building where such yard abuts an alley, the depth of the lot may be considered to the center of the alley, and the required depth of rear yard measured from the center of said alley.
(5) 
An accessory building not exceeding one (1) story in height may occupy not more than sixty (60) percent of a minimum required rear yard.
(6) 
An accessory building exceeding one (1) story in height may occupy not more than forty (40) percent of a minimum required rear yard.
(d) 
Side yards.
(1) 
In districts R-1, R-2, and R-3 and in all other districts where a building is erected or structurally altered for dwelling purposes, there shall be two (2) side yards, one (1) on each side of the building, having a combined width of not less than twenty (20) percent of the width of the lot; provided that in no case shall either side yard be less than five (5) feet, and provided further that the combined width of the two (2) side yards need not to exceed twelve (12) feet. An exception to the minimum five (5) feet side lot setback may be made by the city inspector in subdivisions where both lots in question are owned exclusively by the same individual property owner. This exception does not waive any other applicable requirements.
(2) 
In the R-3 district and in all other districts where a building is erected or structurally altered for dwelling purposes for buildings more than three (3) stories in height, but not exceeding eight (8) stories in height each of the two (2) side yards shall be increased one (1) foot in width for each additional story above the third.
(3) 
In the C-1, C-2, C-3, M-1, and M-2 districts if the property is not used for dwelling purposes no side yards are required, unless a lot abuts upon the side of a lot zoned for dwelling purposes. Where a lot abuts upon the side of a lot zoned for dwelling purposes, there shall be a side yard of not less than five (5) feet. In other cases, a side yard, if provided for a business or industrial building shall not be less than four (4) feet.
(4) 
For the purpose of side yard regulations, two (2) or more detached one-or two-family dwellings shall be considered as one (1) building when occupying one (1) lot; provided, however, there shall be a minimum of ten (10) feet between the sides of the building on the same lot.
(5) 
In the case of group houses or court apartments when buildings rear upon the side yard, the width of the side yard shall be increased by one (1) foot for each building or apartment abutting hereon. If any stairways open onto or are served by such side yard, the minimum width of such side yard shall be ten (10) feet.
(6) 
The width of a place or court shall not be less than forty (40) feet measured between buildings or from buildings to the opposite property line; provided that open or unenclosed porches may project into the required place or court not more than twenty (20) percent of the width of such place or court.
(7) 
All other requirements including front, side and rear yards shall be complied with in accordance with the district in which such group houses or court apartments are located.
(8) 
Every part of a required yard or court shall be open from its lowest part to the sky unobstructed except for the ordinary projections of sills, belt courses, cornices, etc.; provided, however, the above projections shall not extend into a court more than six (6) inches nor into a minimum side yard more than eighteen (18) inches.
(9) 
The side and front yard requirements for dwelling shall be waived where dwellings are erected above stores or shops.
(10) 
On corner lots the side yard shall have a minimum width of ten (10) feet from the abutting street side and in the case of reverse frontage when the corner lot faces an intersecting street, in which case there shall be a side yard on the street side equal to the front yard on the lots in the rear. No accessory building on said corner lot shall project beyond the front yard line on the lots in the rear. This regulation shall not be so interpreted as to reduce the buildable width of a corner lot facing an intersecting street, and of record at the time of passage of Ordinance Number 486 or applicable amendments, to less than twenty-eight (28) feet, nor to prohibit the erection of an accessory building on same where this regulation cannot reasonably be complied with.
(11) 
Special side yard arrangements, such as zero lot line, may be provided when the site plan or plat designates the special side yard condition and such site plan or plat is approved by the city council and filed for record, however, all “zero lot line” developments having a common interior side line with any other district a minimum side yard of five (5) feet in width shall be required. No group of single-family attached units shall exceed three hundred (300) feet in length and in case of corner lots at intersecting streets a side yard of ten (10) feet shall be required adjacent to street lines.
(e) 
Lot area.
(1) 
In the R-1 district the minimum area of the lot shall be six thousand (6,000) square feet.
(2) 
In the R-2 district the minimum area of the lot shall be five thousand (5,000) square feet for a one-family dwelling or six thousand (6,000) square feet for a two-family dwelling.
(3) 
In the R-3 district the minimum area of the lot shall be three thousand (3,000) square feet for a one-family dwelling; four thousand (4,000) square feet for a two-family; and for apartment houses or buildings arranged or designed for more than two families the minimum area shall be four thousand (4,000) square feet plus six hundred (600) square feet for each family in excess of two (2).
(4) 
In the R-5 district the minimum area of the lot for a single-family attached building shall be two thousand (2,000) square feet.
(5) 
In the C-1, C-2, C-3, M-1, and M-2 districts the minimum area of the lot shall be five thousand (5,000) square feet for a one-family dwelling; six thousand (6,000) square feet for a two-family dwelling; and for apartment house or building arranged or designed for more than two families the minimum area shall be (6,000) square feet plus six hundred (600) square feet for each family in excess of two (2).
(6) 
On any lot held under separate distinct ownership from adjoining lots at the time of the passage of Ordinance Number 486 or applicable amendments, such separately owned property being of record at the time, a single-family dwelling may be erected even though the lot be of less area than required by the regulations relating to area in the district in which it is located; provided, however, that in any event, the combined area of the dwelling and accessory building shall not cover more than forty (40) percent of the total area of the lot.
(7) 
No lot area shall be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this article, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established. Side yard area used to comply with minimum requirements of this article for a building shall not be included as a part of the required areas of any other building.
(f) 
Special area regulations.
On any corner lot on which a front yard is required by this article, no wall, fence or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location with such required front yard space as to cause danger to traffic by obstructing the view.
(g) 
Parking.
In all districts where buildings are arranged or designed for dwelling purposes, paved or concrete surfaced off-street parking shall be provided exclusive of yard requirements as follows: Two (2) spaces each not less than eight (8) feet in width and eighteen (18) feet in length for each single-family unit or apartment.
(1) 
Variances may be granted by the city council on number of off-street parking spaces at time of approval of site plan determined by number of bedrooms in each dwelling unit, however, there shall not be less than one and eight-tenths (1.8) spaces per unit with one bedroom nor less than two (2) spaces per unit with two (2) or more bedrooms.
(2) 
All parking spaces serving dwelling units or group housing shall be in a controlled access area with approved concrete ingress and egress approaches and shall be included in the site plan.
(Ordinance 486, sec. 13, adopted 3/26/62; Ordinance 809 adopted 7/13/82; Ordinance 1047, sec. 13, adopted 11/26/02; 1972 Code, sec. 27-13)
(a) 
The zoning map of the City of Monahans which is made a part of this article shall be in duplicate originals, and is hereby adopted in duplicate originals, each of which shall bear the signature of the mayor and attestation of the city secretary for identification and authentication; one (1) of said duplicate originals, together with Ordinance Number 486, shall be enrolled by the city secretary upon the minutes of ordinances; the other duplicate original shall be filed with the city secretary and preserved by him as a duplicate original copy of the zoning map of the City of Monahans.
(b) 
When definite distances in feet are not shown on the zoning map the district boundaries on the zoning map are intended to be along existing street, alley or property lines or extensions of or from the same. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line. When the street layout actually on the ground varies from the street layout as shown on the zoning map, the board of adjustment may apply the designations shown on the mapped streets in such a way as to carry out the intent and purpose of the plan for the particular area in question.
(Ordinance 486, sec. 14, adopted 3/26/62; 1972 Code, sec. 27-14)
The provisions of this article shall be administered and enforced by the building inspector of the City of Monahans. All applications for building permits shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size of building to be erected and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the building inspector.
(Ordinance 486, sec. 15, adopted 3/26/62; 1972 Code, sec. 27-15)
No building hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations. Certificates of occupancy and compliance shall be applied for coincident with application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy and compliance.
(Ordinance 486, sec. 16, adopted 3/26/62; 1972 Code, sec. 27-16)
(a) 
There shall be a board of adjustment consisting of five (5) members (LGC 211.008(b)) and two (2) alternate members (LGC 211.008(c)) appointed by the city council, each member appointed for a term of two (2) years and each removable for cause by the city council upon written charges after public hearing. Alternate member terms shall begin upon appointment and end July 31, 2011, and new terms will begin August 1 of each year beginning in 2011. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board of adjustments may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this article in harmony with its general purpose and intent and in accordance with the general and specific rules herein stated. The board of adjustments shall have, among others, the following powers.
(1) 
To hear and decide appeals where it is alleged there is error in any order, requirements, decisions, or determination made by an administrative official in the enforcement of this article or any amendment hereafter enacted.
(2) 
To hear and decide special exceptions to the terms of this article upon which such board is required to pass under this article.
(3) 
To authorize, upon appeal in specific cases, such variances from the terms of this article as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed, and in order that substantial justice be done.
(b) 
Special exceptions.
When in the judgment of the board, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment, may in specific cases after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:
(1) 
Grant in undeveloped sections of the city temporary and conditional permits for not more than two (2) year periods for any structure or use.
(2) 
Permit such modification of the yard or open space or lot area or lot width regulation as may be necessary to secure appropriate improvement of a parcel of land where such parcel was separately owned at the time of the passage of Ordinance Number 486 or applicable amendments, and is of such restricted area that it cannot be appropriately improved without such modification.
(3) 
Permit the extension of a building, existing at the time of the passage of Ordinance Number 486 or appropriate amendments, by the construction of additional stories above the height limit herein established, if the original plans provided for such additional stories and such building was actually designed and constructed to carry such additional stories.
(4) 
Permit the erection of an addition to the same height as such building where such addition is essential to the completion of the appropriate unit.
(c) 
In exercising the above-mentioned powers such board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(d) 
The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant of any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.
(e) 
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department, board, or bureau of the municipality 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 the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board.
(f) 
Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application on notice to the board and on due cause shown, grant a restraining order.
(g) 
The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies therefor or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(h) 
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusion of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
(i) 
The powers and authority of the board of adjustment as herein specified and enumerated shall not be considered exclusive, but the board shall be held to possess all of the powers and duties set out in Acts 1927, 40th Legislature, page 424, chapter 283, and all subsequent amendments thereto [V.T.C.A., Local Government Code, chapter 211].
(j) 
Public notice of hearings before the board shall be given by one (1) publication in a newspaper of general circulation within the City of Monahans, Texas, at least fifteen (15) days before the time of hearing, said notice to specify the time and place of such hearing.
(Ordinance 486, sec. 17, adopted 3/26/62; Ordinance 1119, sec. 1, adopted 9/14/10; 1972 Code, sec. 27-17)
(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.
(D) 
Combined request: The total fee shall be the sum of the fees required for each of the separate categories specified in subsections (A), (B), and (C) above, including the fees specified for more than one (1) district, planned district tract or specific use permit.
(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.
(H) 
In the event the application for zoning district classification change is forwarded to the city council for public hearing and determination is provided in either of subsection (3) or (4) of this subsection, no refund shall be made 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)
Nothing herein shall require any change in the plans, construction or designated use of a building actually under construction at the time of the passage of Ordinance Number 486 or applicable amendments and which entire building shall be completed within two (2) years from the date of the passage of such ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and which building shall be completed within two (2) years from the date of the passage of such ordinance. If any amendment to this article is hereafter adopted changing the boundaries of districts, the provisions of this article with regard to buildings or premises existing or buildings under construction or building permits issued at the time of the passage of Ordinance Number 486 or applicable amendments shall apply to buildings or premises existing or buildings under construction or building permits issued in the area affected by such an amendment, at the time of the passage of such amendment.
(Ordinance 486, sec. 19, adopted 3/26/62; 1972 Code, sec. 27-19)
When in the opinion of a majority of the members of the city council, it is deemed necessary for the protection of the health, safety and welfare of the public, a permit may be issued to any public utility company doing business in the City of Monahans to erect such buildings and structures and to maintain such facilities as are necessary to render efficient utility service to the general public in any district created by this article; provided, however, that such buildings, structures and facilities shall meet the requirements of the city building code.
(Ordinance 486, sec. 20, adopted 3/26/62; 1972 Code, sec. 27-20)
This article shall be and is hereby declared to be cumulative of all other ordinances of the City of Monahans, and shall not operate to repeal or affect any such ordinances except insofar as the provisions of such ordinances are inconsistent or in conflict with the provisions of this article, in which instance such conflicting provisions are hereby repealed.
(Ordinance 486, sec. 21, adopted 3/26/62; 1972 Code, sec. 27-21)
Any person or corporation that shall violate any of the provisions of this article or fail to comply with, or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine in an amount in accordance with section 54.001, V.T.C.A., Local Government Code, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any buildings or premises or part thereof, where anything in violation of this article shall be placed or shall exist and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense, and upon conviction thereof, shall be fined as herein provided.
(Ordinance 486, sec. 22, adopted 3/26/62; 1972 Code, sec. 27-22; Ordinance adopting 2023 Code)
If any section, paragraph, subdivision, clause, phrase, or provision of this article shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this article as a whole or any part or provisions thereof, other than the part so decided to be invalid or unconstitutional.
(Ordinance 486, sec. 23, adopted 3/26/62; 1972 Code, sec. 27-23)