Edinburg City Zoning Code

ARTICLE 1

Authority, Purpose, Jurisdiction, and Applicability

Sec. 1.101, Title

This Code shall be known as the "Edinburg Unified Development Code." References to "this Code" or "this UDC" shall be interpreted as references to the Edinburg Unified Development Code.

Effective on: 8/9/2022

Sec. 1.102, Authority

The City Council adopts this Code pursuant to:

A.
The powers granted and limitations imposed by the United States and Texas Constitutions;
B.
Texas Local Government Code (TLGC), including the following Chapters:
1. 1.
  TLGC Chapter 211, Municipal Zoning Authority;
2. 2.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. 3.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
4. 4.
  TLGC Chapter 215, Municipal Regulation of Businesses and Occupations;
5. 5.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. 6.
  TLGC Chapter 242, Authority of Municipality and County to Regulate In and Outside Municipality's Extraterritorial Jurisdiction;
7. 7.
  TLGC Chapter 245, Issuance of Local Permits; and
8. 8.
  TLGC Chapter 246, Construction of Certain Telecommunication Facilities;
C.
Texas Water Code (TWC) Chapter 16, Section 315, Political Subdivisions; Compliance with Federal Requirements, and Section 16.3145, National Flood Insurance Program Order of Ordinances;
D.
Home rule authority provided in the City's Home Rule Charter; and
E.
Such additional authority as may be conferred by the Texas Statutes.

Effective on: 8/9/2022

Sec. 1.103, Purposes

Intent of Purpose Statements. A sound interpretation of any standard cannot be ensured without a careful analysis of the end to which the regulation is directed. As such, it is the further intent of the City Council that administrators and other persons shall interpret this Code based on an understanding of the purposes intended, as specified in this Division and in any specific section of this Code that is entitled "Purpose." The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts, which might otherwise be the result of a proposed land use.

Purposes of this Code.

1.
Comprehensive Plan. The purpose of this Unified Development Code is to implement the City of Edinburg's Comprehensive Plan entitled, the "Gateway Plan," in order to:
1. a.
  Lessen congestion in the streets;
2. b.
  Secure safety from fire, panic, and other dangers;
3. c.
  Promote health and the general welfare;
4. d.
  Provide adequate light and air;
5. e.
  Prevent the overcrowding of land;
6. f.
  Avoid undue concentration of population;
7. g.
  Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements;
8. h.
  Promote the orderly growth, development, and redevelopment of the community;
9. i.
  Protect the fiscal and functional integrity of the City;
10. j.
  Preserve and protect places and areas of historical, cultural, or architectural importance and significance;
11. k.
  Protect natural resources and the environment, including potable water supplies; and
12. l.
  Promote specific planning objectives and purposes, as described in B, below.
2.
Flexibility. It is the intent of the City Council that this Code respect landowners' rights to the beneficial use of their property. As such, the Code is designed to allow greater flexibility and more development options, while providing standards for development that tend to minimize impacts on property owners to the greatest extent that is practicable and consistent with good and fair planning principles.
3.
Protection. This Code is intended to protect the interests of both present and future neighborhoods and the general public from adverse impacts of incompatible land uses.

Planning Objectives. The following Paragraphs outline the measures this Code adopts to preserve and develop the goals for a variety of more specific topics as described and outlined in the Comprehensive Plan. Each purpose listed below strives to balance the interests of the general public with those of individual property owners. This Code is adopted for such purposes including, but not limited to:

1.
Land Use Patterns and Community Character. Land use patterns are controlled and community character is enhanced and maintained by:
1. a.
  Establishing rational land use and growth patterns and encouraging the most appropriate use of individual pieces of land in accordance with the Comprehensive Plan;
2. b.
  Dividing the City into districts of distinct community character according to the use of land and buildings, the intensity of such uses (including bulk and height), and the surrounding open space to promote health, safety, and welfare;
3. c.
  Regulating and restricting the location and use of buildings, structures, and land for trade, industry, residences, and other uses;
4. d.
  Providing protection from noise, glare, odor, or vibration through bufferyards and other regulations;
5. e.
  Securing adequate natural light, clean air, privacy, convenient and safe access to property, and a safe environment;
6. f.
  Limiting the bulk, scale, and density of new structures to preserve the desired character of Edinburg and promote and encourage the City's growth and economic health; and
7. g.
  Encouraging high-quality, attractive, and marketable development for the present and future population and businesses.
2.
Natural and Cultural Resources. Preservation and enhancement of natural and cultural resources is accomplished by:
1. a.
  Controlling the density, open space, land use, and vegetative cover to prevent surface water contamination;
2. b.
  Protecting life and property by avoiding or lessening the hazards of flooding, stormwater accumulation, runoff, or destabilization of soils by district or performance standards;
3. c.
  Avoiding or lessening soil erosion hazards;
4. d.
  Preserving and protecting areas with limited development potential due to hydrology, soils, or other natural conditions as habitats for wildlife;
5. e.
  Respecting the area's history by preserving archaeological, historical, and/or architectural resources;
6. f.
  Minimizing expenditure of public money for costly flood control projects;
7. g.
  Minimizing the need for relief efforts associated with flooding and generally undertaken at the expense of the general public;
8. h.
  Minimizing prolonged business interruptions;
9. i.
  Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
10. j.
  Ensuring that potential buyers are notified that property is in an area of special flood hazard; and
11. k.
  Ensuring that those who occupy the areas of special flood hazard assume responsibility for their actions.
3.
Public Infrastructure. Adequate public infrastructure shall be required for:
1. a.
  Creating an environment safe from fire, flood, and other dangers;
2. b.
  Ensuring adequate and safe roads and facilities by limiting land use intensity to the capacity of the roads or facilities and controlling access;
3. c.
  Protecting and enhancing a pattern of local, collector, and arterial streets and highways that produces a unified, safe, and efficient system for movement;
4. d.
  Reducing the danger and congestion of traffic on roads and highways by both limiting the number of friction points, such as intersections and driveways, and minimizing other hazards;
5. e.
  Protecting residential streets from degradation by non-residential traffic;
6. f.
  Establishing and regulating setback lines along streets and highways, property lines, and drainage facilities to ensure adequate and safe facilities;
7. g.
  Promoting economy in governmental expenditures; and
8. h.
  Promoting and encouraging basic public services that meet the needs of citizens and providing for public safety and services that ensure the health of residents and businesses.
4.
Growth Management. The management of growth is accomplished by the mapping of districts and coordination with capital programming to achieve the following:
1. a.
  Providing for the zoning of the long-term, 20-year growth and economic prospects;
2. b.
  Encouraging cost-effective provision of utilities by regulating or phasing growth to prevent premature development that creates land use, health, or economic problems; and
3. c.
  Encouraging development patterns that permit interim land uses that do not preclude the desirable ultimate development in the period when utilities are not available.
5.
Balanced Expectations. This purpose recognizes that different landowners may have different expectations, and that the following objectives have been considered.
1. a.
  Protecting and enhancing the value of land and buildings;
2. b.
  Seeking to balance the regulation's impact by permitting clustering and a greater variety of uses to offset restrictions;
3. c.
  Protecting landowners from adverse impacts of adjoining developments;
4. d.
  Protecting and respecting the justifiable reliance of existing residents and businesses on the continuation of existing, established, and planned land use patterns; and
5. e.
  Abating nuisances by regulating proximate uses' compatibility using quantifiable performance standards.
6.
Telecommunications. Telecommunications facilities are enabled and regulated by virtue of this Code:
1. a.
  Being consistent with the provisions of the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996;
2. b.
  Applying to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the corporate boundaries of the City; and
3. c.
  Reserving to the City all authority contained in State law and existing City ordinances regarding land use and regulation which has not been preempted by the Federal government pursuant to Section 704 of the Telecommunications Act of 1996 as to the placement, construction, and modification of personal wireless service facilities.

Effective on: 8/9/2022

Sec. 1.104 Jurisdiction and Applicability

Jurisdiction. This Code applies to:

1.
Municipal Boundaries. All development within the corporate limits of the City, as may be expanded, contracted, or modified from time to time; and
2.
Extraterritorial Jurisdiction. To the extent permitted by law, the extraterritorial jurisdiction (ETJ) of the City.

Applicability.

1.
Generally. No land, building, or structure shall be developed, redeveloped, or substantially improved except in accordance with this Code. The following actions are considered "development" subject to the Code:
1. a.
  Use. The use of any building, structure, land, or water. Every use shall comply with the applicable requirements of this Code. Every new or expanded use shall comply with the requirements of the zoning district in which it is located, and shall require a building permit (for construction of buildings and structures), and a certificate of occupancy for the construction, modification, use, or occupancy of any lot, parcel, building, or structure as specified in this Code.
2. b.
  Land clearing. Land clearing in anticipation of development for non-agricultural purposes shall be authorized by the issuance of a land clearing permit, and shall only be in accordance with approved plans. Where land clearing permits are not required, land shall not be cleared for installation of infrastructure until all required development approvals (e.g., subdivision plat or development plat) are granted;
3. c.
  Other disturbance or alteration. Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, shall conform to the applicable standards contained in this Code and shall require a permit prior to commencing any work;
4. d.
  Telecommunications. The erection or modification of any telecommunication structures and antenna support structures that are located on private property within the City;
5. e.
  Division or Subdivision. Any division of land for development or sale, whether by metes and bounds, subdivision plat, or other technique. This includes any proposal to:
  1. i.
    Divide, or further divide, land into two or more parcels; or
  2. ii.
    Otherwise alter the boundaries of lots or parcels of land.
6. f.
  Prohibited uses. No use that is prohibited within a zoning district shall be established in that zoning district under any circumstances.
2.
Exemptions. The following are not considered "development" subject to this Code, and are therefore exempt from its requirements:
1. a.
  Minor land disturbances of less than 1,000 square feet, not involving any bufferyard, floodplain, floodway, open water, or wetland, and not in preparation for construction of buildings or structures;
2. b.
  Routine landscaping and landscape maintenance, such as laying and mowing of sod, mulching, and the like, except as such actions are explicitly required in this Code to take place; and
3. c.
  Installation and removal of trees, except for protected trees, and shrubs by homeowners on residential lots.
3.
Applicability to Publicly Owned Property. This Code is applicable to all public agencies and organizations to the full extent allowed under the laws of the United States and Texas and their Constitutions.

Effective on: 8/9/2022

Sec. 1.105, Enactment and Repeal

Enactment. The enactment of this Code is pursuant to Ordinance 2022-4764.

Repeal. With the passage of this Code, Chapter 154, Manufactured Home Community Regulations, shall be repealed from the City's Code of Ordinances.

Effective Date. The effective date of August 10, 2022 shall be the date when this Code enters into the full force of law.

Effective on: 8/9/2022

Sec. 1.201, Compliance with this Code

Compliance. No person may use, occupy, subdivide, or develop land, or use, occupy, erect, or modify buildings, signs, or other structures, except in accordance with all applicable provisions of this Code. For purposes of this Section, the “use” or “occupancy” of a building or land relates to anything and everything that is done to, on, or in that building, structure, or land.

Existing Private Restrictions.

1.
City Duties. Except as provided in Paragraph 3, Enforcement, below, the City will not research, search for, review, enforce, interpret, or apply private restrictions. In the review of applications pursuant to this Code, the City will apply only its own regulations.
2.
In Relation to City Standards. To the extent that the City is made aware of private restrictions:
1. a.
  If the private restrictions are more restrictive than the City's Code or if they involve subject matter that is not addressed by the City's Code, then the City will only enforce the provisions of the City's Code. Enforcement of more restrictive provisions is at the discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. b.
  After the effective date of this Code, no private restrictions shall be less restrictive than this Code.
3.
Enforcement. The City will become involved in the enforcement of existing private restrictions only if:
1. a.
  The City determines that such enforcement is in the public interest; and
2. b.
  The City has legal standing to enforce the existing private restriction.
4.
Plat Notes. Notes on an approved and recorded Plat shall not constitute private restrictions.

Effective on: 8/9/2022

Sec. 1.202, Transitional Provisions

Vested Rights. It is the City’s intent to respect existing zoning and land development approvals. Approved development may be carried out within the scope of the development approval, including applicable standards in effect at the time of approval, provided that the approval was valid and has not lapsed per Sec. 9.206, Inactive and Expired Applications. This specifically includes any Special Use Permits which were granted prior to the adoption of this Code.

Exempt from Application of this Code. Unless otherwise provided in this Code, the following land uses and land use applications shall be exempt from the application of this Code and shall be processed and reviewed under all applicable provisions of the Code and other land use regulations in effect at the time of the application or approval (if already approved):

1.
Complete Applications. Any complete application for development approval submitted to the Administrator on or before the effective date of this Code.
2.
Preliminary Plat. Any Preliminary Plat submitted to the Administrator on or before the effective date of this Code.
3.
Agriculture with Letter of Compliance. Any agricultural property of five acres or more for which a letter of compliance was issued by the City prior to the effective date of this Code.

Permit Choice. An applicant whose development review application would ordinarily be subject to Subsection B, Exempt from Application of this Code, above, may voluntarily subject his or her application to the entirety of the applicable requirements of this Code provided that the applicant provides a written request stating such request. An applicant may not request that the application be subject to a portion of this Code and a portion of the predecessor of this Code.

Existing Violations. Any violation of the previous version of the City land development regulations is considered a violation of this Code and is subject to the penalties and enforcement set out in Article 10, Enforcement and Remedies. However, if the violation now complies with the provisions of this Code, the enforcement action shall cease, except to the extent of collecting penalties for violations that occurred prior to the effective date of this Code.

Building Code Enforcement. This Section does not prevent the City from adopting or enforcing building codes.

Effective on: 8/9/2022

Sec. 1.203, Development Agreements

Development Agreements Approved Before the Effective Date of this Code. When a development agreement approved by City Council ordinance or resolution prior to the effective date of this Code imposes restrictions that differ from those contained in this Code, the private development agreement shall control.

Development Agreements Approved After the Effective Date of this Code.

1.
Land Use Regulations. Development agreements entered into after the effective date of this Code shall take into consideration the intent and purpose of this Code for zoning and land use regulations prior to execution.
2.
Annexation.
1. a.
  As part of the annexation process, development agreements may be entered into by an applicant as a means to address public utilities and any other public services, permitted land uses, building location, and any other site characteristics as allowed by law.
2. b.
  A development agreement associated with an annexation shall address and incorporate any foreseeable zoning or subdivision Variances, Special Use Permits, or zoning districts to be applied to the property.

Effective on: 8/9/2022

Sec. 1.204, Conflicting Provisions

Nature of this Code. The provisions of this Code pose minimum and maximum limitations, requirements, and standards in addition to all other applicable laws and ordinances.

Conflict within the Code.

1.
Standards. Whenever a standard in this Code conflicts with those contained in another Section of this Code, the more stringent or restrictive provisions shall govern.
2.
Tables and Graphics. Where the text of this Ordinance conflicts with its tables or illustrative material, the text controls. Where a table of this Ordinance conflicts with an illustration, the table controls.

Conflict with other City Regulations. Whenever the standards and specifications in this Code conflict with those contained in any other City ordinances or codes, the more stringent or restrictive provisions shall govern.

Conflict with State and Federal Regulations. Nothing in this Code shall be taken as repealing or limiting powers granted under State and federal statutes. Further, where State or Federal agencies have jurisdiction, the most stringent provisions shall apply.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 1

Authority, Purpose, Jurisdiction, and Applicability

Sec. 1.101, Title

This Code shall be known as the "Edinburg Unified Development Code." References to "this Code" or "this UDC" shall be interpreted as references to the Edinburg Unified Development Code.

Effective on: 8/9/2022

Sec. 1.102, Authority

The City Council adopts this Code pursuant to:

A.
The powers granted and limitations imposed by the United States and Texas Constitutions;
B.
Texas Local Government Code (TLGC), including the following Chapters:
1. 1.
  TLGC Chapter 211, Municipal Zoning Authority;
2. 2.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. 3.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
4. 4.
  TLGC Chapter 215, Municipal Regulation of Businesses and Occupations;
5. 5.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. 6.
  TLGC Chapter 242, Authority of Municipality and County to Regulate In and Outside Municipality's Extraterritorial Jurisdiction;
7. 7.
  TLGC Chapter 245, Issuance of Local Permits; and
8. 8.
  TLGC Chapter 246, Construction of Certain Telecommunication Facilities;
C.
Texas Water Code (TWC) Chapter 16, Section 315, Political Subdivisions; Compliance with Federal Requirements, and Section 16.3145, National Flood Insurance Program Order of Ordinances;
D.
Home rule authority provided in the City's Home Rule Charter; and
E.
Such additional authority as may be conferred by the Texas Statutes.

Effective on: 8/9/2022

Sec. 1.103, Purposes

Purposes of this Code.

1.
Comprehensive Plan. The purpose of this Unified Development Code is to implement the City of Edinburg's Comprehensive Plan entitled, the "Gateway Plan," in order to:
1. a.
  Lessen congestion in the streets;
2. b.
  Secure safety from fire, panic, and other dangers;
3. c.
  Promote health and the general welfare;
4. d.
  Provide adequate light and air;
5. e.
  Prevent the overcrowding of land;
6. f.
  Avoid undue concentration of population;
7. g.
  Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements;
8. h.
  Promote the orderly growth, development, and redevelopment of the community;
9. i.
  Protect the fiscal and functional integrity of the City;
10. j.
  Preserve and protect places and areas of historical, cultural, or architectural importance and significance;
11. k.
  Protect natural resources and the environment, including potable water supplies; and
12. l.
  Promote specific planning objectives and purposes, as described in B, below.
2.
Flexibility. It is the intent of the City Council that this Code respect landowners' rights to the beneficial use of their property. As such, the Code is designed to allow greater flexibility and more development options, while providing standards for development that tend to minimize impacts on property owners to the greatest extent that is practicable and consistent with good and fair planning principles.
3.
Protection. This Code is intended to protect the interests of both present and future neighborhoods and the general public from adverse impacts of incompatible land uses.

1.
Land Use Patterns and Community Character. Land use patterns are controlled and community character is enhanced and maintained by:
1. a.
  Establishing rational land use and growth patterns and encouraging the most appropriate use of individual pieces of land in accordance with the Comprehensive Plan;
2. b.
  Dividing the City into districts of distinct community character according to the use of land and buildings, the intensity of such uses (including bulk and height), and the surrounding open space to promote health, safety, and welfare;
3. c.
  Regulating and restricting the location and use of buildings, structures, and land for trade, industry, residences, and other uses;
4. d.
  Providing protection from noise, glare, odor, or vibration through bufferyards and other regulations;
5. e.
  Securing adequate natural light, clean air, privacy, convenient and safe access to property, and a safe environment;
6. f.
  Limiting the bulk, scale, and density of new structures to preserve the desired character of Edinburg and promote and encourage the City's growth and economic health; and
7. g.
  Encouraging high-quality, attractive, and marketable development for the present and future population and businesses.
2.
Natural and Cultural Resources. Preservation and enhancement of natural and cultural resources is accomplished by:
1. a.
  Controlling the density, open space, land use, and vegetative cover to prevent surface water contamination;
2. b.
  Protecting life and property by avoiding or lessening the hazards of flooding, stormwater accumulation, runoff, or destabilization of soils by district or performance standards;
3. c.
  Avoiding or lessening soil erosion hazards;
4. d.
  Preserving and protecting areas with limited development potential due to hydrology, soils, or other natural conditions as habitats for wildlife;
5. e.
  Respecting the area's history by preserving archaeological, historical, and/or architectural resources;
6. f.
  Minimizing expenditure of public money for costly flood control projects;
7. g.
  Minimizing the need for relief efforts associated with flooding and generally undertaken at the expense of the general public;
8. h.
  Minimizing prolonged business interruptions;
9. i.
  Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
10. j.
  Ensuring that potential buyers are notified that property is in an area of special flood hazard; and
11. k.
  Ensuring that those who occupy the areas of special flood hazard assume responsibility for their actions.
3.
Public Infrastructure. Adequate public infrastructure shall be required for:
1. a.
  Creating an environment safe from fire, flood, and other dangers;
2. b.
  Ensuring adequate and safe roads and facilities by limiting land use intensity to the capacity of the roads or facilities and controlling access;
3. c.
  Protecting and enhancing a pattern of local, collector, and arterial streets and highways that produces a unified, safe, and efficient system for movement;
4. d.
  Reducing the danger and congestion of traffic on roads and highways by both limiting the number of friction points, such as intersections and driveways, and minimizing other hazards;
5. e.
  Protecting residential streets from degradation by non-residential traffic;
6. f.
  Establishing and regulating setback lines along streets and highways, property lines, and drainage facilities to ensure adequate and safe facilities;
7. g.
  Promoting economy in governmental expenditures; and
8. h.
  Promoting and encouraging basic public services that meet the needs of citizens and providing for public safety and services that ensure the health of residents and businesses.
4.
Growth Management. The management of growth is accomplished by the mapping of districts and coordination with capital programming to achieve the following:
1. a.
  Providing for the zoning of the long-term, 20-year growth and economic prospects;
2. b.
  Encouraging cost-effective provision of utilities by regulating or phasing growth to prevent premature development that creates land use, health, or economic problems; and
3. c.
  Encouraging development patterns that permit interim land uses that do not preclude the desirable ultimate development in the period when utilities are not available.
5.
Balanced Expectations. This purpose recognizes that different landowners may have different expectations, and that the following objectives have been considered.
1. a.
  Protecting and enhancing the value of land and buildings;
2. b.
  Seeking to balance the regulation's impact by permitting clustering and a greater variety of uses to offset restrictions;
3. c.
  Protecting landowners from adverse impacts of adjoining developments;
4. d.
  Protecting and respecting the justifiable reliance of existing residents and businesses on the continuation of existing, established, and planned land use patterns; and
5. e.
  Abating nuisances by regulating proximate uses' compatibility using quantifiable performance standards.
6.
Telecommunications. Telecommunications facilities are enabled and regulated by virtue of this Code:
1. a.
  Being consistent with the provisions of the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996;
2. b.
  Applying to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the corporate boundaries of the City; and
3. c.
  Reserving to the City all authority contained in State law and existing City ordinances regarding land use and regulation which has not been preempted by the Federal government pursuant to Section 704 of the Telecommunications Act of 1996 as to the placement, construction, and modification of personal wireless service facilities.

Effective on: 8/9/2022

Sec. 1.104 Jurisdiction and Applicability

Jurisdiction. This Code applies to:

1.
Municipal Boundaries. All development within the corporate limits of the City, as may be expanded, contracted, or modified from time to time; and
2.
Extraterritorial Jurisdiction. To the extent permitted by law, the extraterritorial jurisdiction (ETJ) of the City.

Applicability.

1.
Generally. No land, building, or structure shall be developed, redeveloped, or substantially improved except in accordance with this Code. The following actions are considered "development" subject to the Code:
1. a.
  Use. The use of any building, structure, land, or water. Every use shall comply with the applicable requirements of this Code. Every new or expanded use shall comply with the requirements of the zoning district in which it is located, and shall require a building permit (for construction of buildings and structures), and a certificate of occupancy for the construction, modification, use, or occupancy of any lot, parcel, building, or structure as specified in this Code.
2. b.
  Land clearing. Land clearing in anticipation of development for non-agricultural purposes shall be authorized by the issuance of a land clearing permit, and shall only be in accordance with approved plans. Where land clearing permits are not required, land shall not be cleared for installation of infrastructure until all required development approvals (e.g., subdivision plat or development plat) are granted;
3. c.
  Other disturbance or alteration. Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, shall conform to the applicable standards contained in this Code and shall require a permit prior to commencing any work;
4. d.
  Telecommunications. The erection or modification of any telecommunication structures and antenna support structures that are located on private property within the City;
5. e.
  Division or Subdivision. Any division of land for development or sale, whether by metes and bounds, subdivision plat, or other technique. This includes any proposal to:
  1. i.
    Divide, or further divide, land into two or more parcels; or
  2. ii.
    Otherwise alter the boundaries of lots or parcels of land.
6. f.
  Prohibited uses. No use that is prohibited within a zoning district shall be established in that zoning district under any circumstances.
2.
Exemptions. The following are not considered "development" subject to this Code, and are therefore exempt from its requirements:
1. a.
  Minor land disturbances of less than 1,000 square feet, not involving any bufferyard, floodplain, floodway, open water, or wetland, and not in preparation for construction of buildings or structures;
2. b.
  Routine landscaping and landscape maintenance, such as laying and mowing of sod, mulching, and the like, except as such actions are explicitly required in this Code to take place; and
3. c.
  Installation and removal of trees, except for protected trees, and shrubs by homeowners on residential lots.
3.
Applicability to Publicly Owned Property. This Code is applicable to all public agencies and organizations to the full extent allowed under the laws of the United States and Texas and their Constitutions.

Effective on: 8/9/2022

Sec. 1.105, Enactment and Repeal

Enactment. The enactment of this Code is pursuant to Ordinance 2022-4764.

Repeal. With the passage of this Code, Chapter 154, Manufactured Home Community Regulations, shall be repealed from the City's Code of Ordinances.

Effective Date. The effective date of August 10, 2022 shall be the date when this Code enters into the full force of law.

Effective on: 8/9/2022

Sec. 1.201, Compliance with this Code

Existing Private Restrictions.

1.
City Duties. Except as provided in Paragraph 3, Enforcement, below, the City will not research, search for, review, enforce, interpret, or apply private restrictions. In the review of applications pursuant to this Code, the City will apply only its own regulations.
2.
In Relation to City Standards. To the extent that the City is made aware of private restrictions:
1. a.
  If the private restrictions are more restrictive than the City's Code or if they involve subject matter that is not addressed by the City's Code, then the City will only enforce the provisions of the City's Code. Enforcement of more restrictive provisions is at the discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. b.
  After the effective date of this Code, no private restrictions shall be less restrictive than this Code.
3.
Enforcement. The City will become involved in the enforcement of existing private restrictions only if:
1. a.
  The City determines that such enforcement is in the public interest; and
2. b.
  The City has legal standing to enforce the existing private restriction.
4.
Plat Notes. Notes on an approved and recorded Plat shall not constitute private restrictions.

Effective on: 8/9/2022

Sec. 1.202, Transitional Provisions

1.
Complete Applications. Any complete application for development approval submitted to the Administrator on or before the effective date of this Code.
2.
Preliminary Plat. Any Preliminary Plat submitted to the Administrator on or before the effective date of this Code.
3.
Agriculture with Letter of Compliance. Any agricultural property of five acres or more for which a letter of compliance was issued by the City prior to the effective date of this Code.

Building Code Enforcement. This Section does not prevent the City from adopting or enforcing building codes.

Effective on: 8/9/2022

Sec. 1.203, Development Agreements

Development Agreements Approved After the Effective Date of this Code.

1.
Land Use Regulations. Development agreements entered into after the effective date of this Code shall take into consideration the intent and purpose of this Code for zoning and land use regulations prior to execution.
2.
Annexation.
1. a.
  As part of the annexation process, development agreements may be entered into by an applicant as a means to address public utilities and any other public services, permitted land uses, building location, and any other site characteristics as allowed by law.
2. b.
  A development agreement associated with an annexation shall address and incorporate any foreseeable zoning or subdivision Variances, Special Use Permits, or zoning districts to be applied to the property.

Effective on: 8/9/2022

Sec. 1.204, Conflicting Provisions

Nature of this Code. The provisions of this Code pose minimum and maximum limitations, requirements, and standards in addition to all other applicable laws and ordinances.

Conflict within the Code.

1.
Standards. Whenever a standard in this Code conflicts with those contained in another Section of this Code, the more stringent or restrictive provisions shall govern.
2.
Tables and Graphics. Where the text of this Ordinance conflicts with its tables or illustrative material, the text controls. Where a table of this Ordinance conflicts with an illustration, the table controls.

Effective on: 8/9/2022

Edinburg City Zoning Code

ARTICLE 1

Authority, Purpose, Jurisdiction, and Applicability

Sec. 1.101, Title

This Code shall be known as the "Edinburg Unified Development Code." References to "this Code" or "this UDC" shall be interpreted as references to the Edinburg Unified Development Code.

Effective on: 8/9/2022

Sec. 1.102, Authority

The City Council adopts this Code pursuant to:

A.
The powers granted and limitations imposed by the United States and Texas Constitutions;
B.
Texas Local Government Code (TLGC), including the following Chapters:
1. 1.
  TLGC Chapter 211, Municipal Zoning Authority;
2. 2.
  TLGC Chapter 212, Municipal Regulation of Subdivisions and Property Development;
3. 3.
  TLGC Chapter 214, Municipal Regulation of Housing and Other Structures;
4. 4.
  TLGC Chapter 215, Municipal Regulation of Businesses and Occupations;
5. 5.
  TLGC Chapter 216, Regulation of Signs by Municipalities;
6. 6.
  TLGC Chapter 242, Authority of Municipality and County to Regulate In and Outside Municipality's Extraterritorial Jurisdiction;
7. 7.
  TLGC Chapter 245, Issuance of Local Permits; and
8. 8.
  TLGC Chapter 246, Construction of Certain Telecommunication Facilities;
C.
Texas Water Code (TWC) Chapter 16, Section 315, Political Subdivisions; Compliance with Federal Requirements, and Section 16.3145, National Flood Insurance Program Order of Ordinances;
D.
Home rule authority provided in the City's Home Rule Charter; and
E.
Such additional authority as may be conferred by the Texas Statutes.

Effective on: 8/9/2022

Sec. 1.103, Purposes

Purposes of this Code.

1.
Comprehensive Plan. The purpose of this Unified Development Code is to implement the City of Edinburg's Comprehensive Plan entitled, the "Gateway Plan," in order to:
1. a.
  Lessen congestion in the streets;
2. b.
  Secure safety from fire, panic, and other dangers;
3. c.
  Promote health and the general welfare;
4. d.
  Provide adequate light and air;
5. e.
  Prevent the overcrowding of land;
6. f.
  Avoid undue concentration of population;
7. g.
  Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements;
8. h.
  Promote the orderly growth, development, and redevelopment of the community;
9. i.
  Protect the fiscal and functional integrity of the City;
10. j.
  Preserve and protect places and areas of historical, cultural, or architectural importance and significance;
11. k.
  Protect natural resources and the environment, including potable water supplies; and
12. l.
  Promote specific planning objectives and purposes, as described in B, below.
2.
Flexibility. It is the intent of the City Council that this Code respect landowners' rights to the beneficial use of their property. As such, the Code is designed to allow greater flexibility and more development options, while providing standards for development that tend to minimize impacts on property owners to the greatest extent that is practicable and consistent with good and fair planning principles.
3.
Protection. This Code is intended to protect the interests of both present and future neighborhoods and the general public from adverse impacts of incompatible land uses.

1.
Land Use Patterns and Community Character. Land use patterns are controlled and community character is enhanced and maintained by:
1. a.
  Establishing rational land use and growth patterns and encouraging the most appropriate use of individual pieces of land in accordance with the Comprehensive Plan;
2. b.
  Dividing the City into districts of distinct community character according to the use of land and buildings, the intensity of such uses (including bulk and height), and the surrounding open space to promote health, safety, and welfare;
3. c.
  Regulating and restricting the location and use of buildings, structures, and land for trade, industry, residences, and other uses;
4. d.
  Providing protection from noise, glare, odor, or vibration through bufferyards and other regulations;
5. e.
  Securing adequate natural light, clean air, privacy, convenient and safe access to property, and a safe environment;
6. f.
  Limiting the bulk, scale, and density of new structures to preserve the desired character of Edinburg and promote and encourage the City's growth and economic health; and
7. g.
  Encouraging high-quality, attractive, and marketable development for the present and future population and businesses.
2.
Natural and Cultural Resources. Preservation and enhancement of natural and cultural resources is accomplished by:
1. a.
  Controlling the density, open space, land use, and vegetative cover to prevent surface water contamination;
2. b.
  Protecting life and property by avoiding or lessening the hazards of flooding, stormwater accumulation, runoff, or destabilization of soils by district or performance standards;
3. c.
  Avoiding or lessening soil erosion hazards;
4. d.
  Preserving and protecting areas with limited development potential due to hydrology, soils, or other natural conditions as habitats for wildlife;
5. e.
  Respecting the area's history by preserving archaeological, historical, and/or architectural resources;
6. f.
  Minimizing expenditure of public money for costly flood control projects;
7. g.
  Minimizing the need for relief efforts associated with flooding and generally undertaken at the expense of the general public;
8. h.
  Minimizing prolonged business interruptions;
9. i.
  Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
10. j.
  Ensuring that potential buyers are notified that property is in an area of special flood hazard; and
11. k.
  Ensuring that those who occupy the areas of special flood hazard assume responsibility for their actions.
3.
Public Infrastructure. Adequate public infrastructure shall be required for:
1. a.
  Creating an environment safe from fire, flood, and other dangers;
2. b.
  Ensuring adequate and safe roads and facilities by limiting land use intensity to the capacity of the roads or facilities and controlling access;
3. c.
  Protecting and enhancing a pattern of local, collector, and arterial streets and highways that produces a unified, safe, and efficient system for movement;
4. d.
  Reducing the danger and congestion of traffic on roads and highways by both limiting the number of friction points, such as intersections and driveways, and minimizing other hazards;
5. e.
  Protecting residential streets from degradation by non-residential traffic;
6. f.
  Establishing and regulating setback lines along streets and highways, property lines, and drainage facilities to ensure adequate and safe facilities;
7. g.
  Promoting economy in governmental expenditures; and
8. h.
  Promoting and encouraging basic public services that meet the needs of citizens and providing for public safety and services that ensure the health of residents and businesses.
4.
Growth Management. The management of growth is accomplished by the mapping of districts and coordination with capital programming to achieve the following:
1. a.
  Providing for the zoning of the long-term, 20-year growth and economic prospects;
2. b.
  Encouraging cost-effective provision of utilities by regulating or phasing growth to prevent premature development that creates land use, health, or economic problems; and
3. c.
  Encouraging development patterns that permit interim land uses that do not preclude the desirable ultimate development in the period when utilities are not available.
5.
Balanced Expectations. This purpose recognizes that different landowners may have different expectations, and that the following objectives have been considered.
1. a.
  Protecting and enhancing the value of land and buildings;
2. b.
  Seeking to balance the regulation's impact by permitting clustering and a greater variety of uses to offset restrictions;
3. c.
  Protecting landowners from adverse impacts of adjoining developments;
4. d.
  Protecting and respecting the justifiable reliance of existing residents and businesses on the continuation of existing, established, and planned land use patterns; and
5. e.
  Abating nuisances by regulating proximate uses' compatibility using quantifiable performance standards.
6.
Telecommunications. Telecommunications facilities are enabled and regulated by virtue of this Code:
1. a.
  Being consistent with the provisions of the Federal Communications Act of 1934, as amended by the Telecommunications Act of 1996;
2. b.
  Applying to all persons, partnerships, limited liability companies, limited liability partnerships, corporations, and other entities seeking to locate, site, place, modify, or construct wireless telecommunication facilities within the corporate boundaries of the City; and
3. c.
  Reserving to the City all authority contained in State law and existing City ordinances regarding land use and regulation which has not been preempted by the Federal government pursuant to Section 704 of the Telecommunications Act of 1996 as to the placement, construction, and modification of personal wireless service facilities.

Effective on: 8/9/2022

Sec. 1.104 Jurisdiction and Applicability

Jurisdiction. This Code applies to:

1.
Municipal Boundaries. All development within the corporate limits of the City, as may be expanded, contracted, or modified from time to time; and
2.
Extraterritorial Jurisdiction. To the extent permitted by law, the extraterritorial jurisdiction (ETJ) of the City.

Applicability.

1.
Generally. No land, building, or structure shall be developed, redeveloped, or substantially improved except in accordance with this Code. The following actions are considered "development" subject to the Code:
1. a.
  Use. The use of any building, structure, land, or water. Every use shall comply with the applicable requirements of this Code. Every new or expanded use shall comply with the requirements of the zoning district in which it is located, and shall require a building permit (for construction of buildings and structures), and a certificate of occupancy for the construction, modification, use, or occupancy of any lot, parcel, building, or structure as specified in this Code.
2. b.
  Land clearing. Land clearing in anticipation of development for non-agricultural purposes shall be authorized by the issuance of a land clearing permit, and shall only be in accordance with approved plans. Where land clearing permits are not required, land shall not be cleared for installation of infrastructure until all required development approvals (e.g., subdivision plat or development plat) are granted;
3. c.
  Other disturbance or alteration. Any other disturbance of land, soil, vegetation, or waterways, including alteration of land for development or other purposes, shall conform to the applicable standards contained in this Code and shall require a permit prior to commencing any work;
4. d.
  Telecommunications. The erection or modification of any telecommunication structures and antenna support structures that are located on private property within the City;
5. e.
  Division or Subdivision. Any division of land for development or sale, whether by metes and bounds, subdivision plat, or other technique. This includes any proposal to:
  1. i.
    Divide, or further divide, land into two or more parcels; or
  2. ii.
    Otherwise alter the boundaries of lots or parcels of land.
6. f.
  Prohibited uses. No use that is prohibited within a zoning district shall be established in that zoning district under any circumstances.
2.
Exemptions. The following are not considered "development" subject to this Code, and are therefore exempt from its requirements:
1. a.
  Minor land disturbances of less than 1,000 square feet, not involving any bufferyard, floodplain, floodway, open water, or wetland, and not in preparation for construction of buildings or structures;
2. b.
  Routine landscaping and landscape maintenance, such as laying and mowing of sod, mulching, and the like, except as such actions are explicitly required in this Code to take place; and
3. c.
  Installation and removal of trees, except for protected trees, and shrubs by homeowners on residential lots.
3.
Applicability to Publicly Owned Property. This Code is applicable to all public agencies and organizations to the full extent allowed under the laws of the United States and Texas and their Constitutions.

Effective on: 8/9/2022

Sec. 1.105, Enactment and Repeal

Enactment. The enactment of this Code is pursuant to Ordinance 2022-4764.

Repeal. With the passage of this Code, Chapter 154, Manufactured Home Community Regulations, shall be repealed from the City's Code of Ordinances.

Effective Date. The effective date of August 10, 2022 shall be the date when this Code enters into the full force of law.

Effective on: 8/9/2022

Sec. 1.201, Compliance with this Code

Existing Private Restrictions.

1.
City Duties. Except as provided in Paragraph 3, Enforcement, below, the City will not research, search for, review, enforce, interpret, or apply private restrictions. In the review of applications pursuant to this Code, the City will apply only its own regulations.
2.
In Relation to City Standards. To the extent that the City is made aware of private restrictions:
1. a.
  If the private restrictions are more restrictive than the City's Code or if they involve subject matter that is not addressed by the City's Code, then the City will only enforce the provisions of the City's Code. Enforcement of more restrictive provisions is at the discretion of the parties to the private restrictions (or any other party who has standing to bring suit under Texas law).
2. b.
  After the effective date of this Code, no private restrictions shall be less restrictive than this Code.
3.
Enforcement. The City will become involved in the enforcement of existing private restrictions only if:
1. a.
  The City determines that such enforcement is in the public interest; and
2. b.
  The City has legal standing to enforce the existing private restriction.
4.
Plat Notes. Notes on an approved and recorded Plat shall not constitute private restrictions.

Effective on: 8/9/2022

Sec. 1.202, Transitional Provisions

1.
Complete Applications. Any complete application for development approval submitted to the Administrator on or before the effective date of this Code.
2.
Preliminary Plat. Any Preliminary Plat submitted to the Administrator on or before the effective date of this Code.
3.
Agriculture with Letter of Compliance. Any agricultural property of five acres or more for which a letter of compliance was issued by the City prior to the effective date of this Code.

Building Code Enforcement. This Section does not prevent the City from adopting or enforcing building codes.

Effective on: 8/9/2022

Sec. 1.203, Development Agreements

Development Agreements Approved After the Effective Date of this Code.

1.
Land Use Regulations. Development agreements entered into after the effective date of this Code shall take into consideration the intent and purpose of this Code for zoning and land use regulations prior to execution.
2.
Annexation.
1. a.
  As part of the annexation process, development agreements may be entered into by an applicant as a means to address public utilities and any other public services, permitted land uses, building location, and any other site characteristics as allowed by law.
2. b.
  A development agreement associated with an annexation shall address and incorporate any foreseeable zoning or subdivision Variances, Special Use Permits, or zoning districts to be applied to the property.

Effective on: 8/9/2022

Sec. 1.204, Conflicting Provisions

Nature of this Code. The provisions of this Code pose minimum and maximum limitations, requirements, and standards in addition to all other applicable laws and ordinances.

Conflict within the Code.

1.
Standards. Whenever a standard in this Code conflicts with those contained in another Section of this Code, the more stringent or restrictive provisions shall govern.
2.
Tables and Graphics. Where the text of this Ordinance conflicts with its tables or illustrative material, the text controls. Where a table of this Ordinance conflicts with an illustration, the table controls.

Effective on: 8/9/2022