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Midland council adopts overhaul of zoning rules, repeals Article 26 and adopts Article 12
Summary
The council voted 5-0 to repeal Article 26 of the zoning ordinance and adopt Article 12, a dimensional-rule update that removes a redundant 'both-sides' setback, allows small-lot fee-simple ownership, consolidates RA4 standards and expands flexibility for walkable, mixed-use development.
The Midland City Council on Nov. 24 adopted a comprehensive zoning amendment, repealing Article 26 and adopting Article 12 of the city zoning ordinance to establish new regulations for lot size, yards, setbacks, building height and development density.
Mr. Kane, presenting the amendment as Task 2 of the city's zoning modernization project, said the 2004 ordinance required an update to align the code with the 2024 "Midland City Modern" master plan. The amendment reorganizes the schedule of regulations and makes several dimensional changes designed to reduce antiquated or redundant rules and to promote walkable and small-lot residential development.
Among the changes Mr. Kane highlighted was the recommendation to remove the so-called "both-sides" side-setback requirement, a rule that could force a larger combined side setback than simply applying the single-side minimums. "There doesn't seem to be any rational public purpose for having such a requirement," Mr. Kane said, adding that eliminating it would help homeowners make modest additions without needing large lot changes.
The amendment also proposes consolidating RA4 (two-family residential) standards to match single-family dimensional requirements, reducing the separate, higher bar for two-family units; enabling small-lot fee-simple subdivision (staff showed examples where four existing midtown lots could become 12 fee-simple homes); and removing minimum front setbacks in mixed-use districts to allow buildings closer to the street to support walkable development.
Mr. Kane said staff streamlined overlapping footnotes, consolidated height exceptions and expanded an exception for places of worship so historically nonconforming structures (he cited the city's Presbyterian Church as an example) could become conforming. He said the Planning Commission worked on the amendment across several meetings, recommended it 6-0 and that staff received no public comments to date.
Council members asked whether the dimensional changes would affect parking and heights; Mr. Kane said parking standards are scheduled for Task 4 of the modernization and that maximum heights are largely unchanged, though height exceptions were clarified for certain uses. After brief praise for the work and the planning commission's stress-testing of development scenarios, the council voted to adopt the ordinance by voice vote, 5-0.
The ordinance is effective immediately; staff will follow the code-adoption process and implement the reorganization and dimensional standards.
