Effective on: 8/9/2022

Effective on: 8/9/2022

Effective on: 8/9/2022

Effective on: 8/9/2022

4. D.
   Uses Not Listed.

   1. 1.
      Unlisted or Ambiguous Uses. If the Administrator determines that a use is not listed or if there is ambiguity as to its proper classification within the respective zoning district(s), the Administrator shall make an official determination as to the appropriate district or districts for the use. In doing so, the North American Industrial Classification System (NAICS) shall be used to determine if the use is a subcategory of a permitted use. In addition, the Administrator may consider the following criteria:

      1. a.
         The actual or projected characteristics of the activity in relation to those of the use type;
      2. b.
         The amount of site area or floor space and equipment devoted to the activity;
      3. c.
         Vehicle parking demand;
      4. d.
         Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);
      5. e.
         Types of vehicles used and their parking requirements;
      6. f.
         Building impervious surface coverage;
      7. g.
         Regulated air or water emissions;
      8. h.
         Noise, lighting, dust, and odors;
      9. i.
         Solid waste generation;
      10. j.
          The number of employees on a typical shift;
      11. k.
          Use and storage of hazardous materials;
      12. l.
          Character of associated buildings and structures;
      13. m.
          How the use is advertised;
      14. n.
          Nature and impacts of operation; and
      15. o.
          Hours of operation.
   2. 2.
      Effect of Administrator's Determination. If the Administrator determines that a proposed use is functionally similar to or a subcategory of a permitted, limited, or special use, then the use shall be permitted likewise as a permitted, limited, or special use. If the Administrator determines that a use that is not listed is not a subcategory of a permitted use, then the use that is not listed is a prohibited use.
   3. 3.
      Right of Appeal. An aggrieved party may appeal the Administrator's decision to the Board of Adjustment in accordance with Sec. 9.505, Appeals.

Effective on: 8/9/2022

3.  
   3. 3.
      Beekeeping. The keeping of bees is permitted as a limited use subject to the following standards: 

      3. c.
          Number. 

         9. ix.
            In nonresidential districts, the number of beehives shall be limited to one for every 1,000 square feet of lot area. 
         10. x.

             In residential districts, no more than one beehive shall be kept for each 2,400 square feet of lot area, and no beehive shall be kept on a lot less than 2,400 square feet in area.

      4. d.
         Secure. Bee colonies shall be kept within a fenced area.
      5. e.
         Fences and Shrubs. A solid fence or dense hedge, known as a “flyway barrier,” at least six feet in height shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five feet of the hive and shall extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 25 feet from all property lines and for beehives that are located on porches or balconies at least 10 feet above grade, except if such porch or balcony is located less than five feet from a property line.
      6. f.
         Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in sound 
      7. g.
         Location and Setbacks. No beehive shall be kept closer than 10 feet to any lot line and 20 feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard, side yard, or side street yard. The front of any beehive shall face away from the property line of the Residential property closest to the beehive.
      8. h.
         Water Supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
      9. i.
         Queens. In any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.
      10. j.
          Colony Density. 

          1. i.
             It shall be unlawful to keep any colony on a multiple-family lot or to keep more than the following number of colonies on any tract within the City, based upon the size or configuration of the tract on which the apiary is situated:

             1. 1.
                Less than one-half acre lot size: four colonies;
             2. 2.
                One-half acre or more but less than one acre lot size: six colonies;
             3. 3.
                One acre or larger lot size: eight colonies:
             4. 4.
                Regardless of lot size, where all hives are situated at least 200 feet in any direction from all property lines of the lot on which the apiary is situated, there shall be no limit to the number of colonies.
          2. ii.
             For each two colonies authorized, there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard nine and five-eighths inch depth by 10-inch frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date it is acquired
      11. k.
          Maintenance. Each property owner or beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure.
      12. l.
          Prohibitions. The keeping by any person of bee colonies in the City not in strict compliance with this Subsection is prohibited. Any bee colony not residing in a hive structure intended for beekeeping, or any swarm of bees, or any colony residing in a standard or homemade hive which, by virtue of its condition, has obviously been abandoned by the beekeeper, is unlawful and may be summarily destroyed or removed from the City by the City Manager, or a designee
   4. 4.
      Keeping of Small Farm Animals. The keeping of small farm animals such as chickens, ducks, rabbits, and similar animals is permitted as a limited use subject to the following standards:

      1. a.
         In Residential Districts. In residential districts, the following regulations shall apply:

         1. i.
            Number. No more than one such animal shall be kept on a parcel of land for each 800 square feet of parcel or lot area, and no more than a total of six such animals are permitted.
         2. ii.
            Setbacks. The coops or cages housing such animals may not be located in front yard or side street yard areas and shall not be located within five feet of a side yard line nor within 18 inches of a rear yard line, except where the rear lot line forms the side lot line or front lot line of an abutting property, in which case the setback from such rear lot line shall be five feet. No animals shall be kept in required front yard or side street yard areas.
         3. iii.
            Prohibited. No roosters, geese or turkeys may be kept on a parcel less than ​​​one acre in area and only if the coop or cage housing the bird(s) is at least 100 feet from all property lines. For parcels greater than one acre in area, one additional such bird may be kept for each 24,000 square feet in excess of one acre. No predatory birds may be kept on any property.
         4. iv.
            Coops and Cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals exclusive of areas used for storage of materials or vehicles. The total area of all coops or cages on a lot shall not be greater than 32 square feet for up to six animals. Coops and cages, singly or in combination, shall not exceed 15 feet in height.
         5. v.
            Enclosures and Fences. Chickens and other birds shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the birds on the property and to prevent access by dogs and other predators and providing at least 10 square feet of area for each bird.
      2. b.
         In Nonresidential Districts. In zoning districts other than residential districts, all regulations applicable in residential districts shall apply except that the number of such animals shall be limited to one animal for each 400 square feet of lot area.
   5. 5.
      Urban Garden. An urban garden may include occasional sales of items grown and produced on the site in conjunction with a farm stand or farmers market as permitted in Table 2.205, Temporary Uses. Greenhouses, hoophouses or wind tunnels, and coldframes may be used to extend the growing season. An urban garden is permitted as a limited use subject to the following standards.

      1. a.
         Location. Structures shall be set back from property lines of a residential district a minimum distance of 15 feet.
      2. b.
         Height. No structure related to the urban garden shall be greater than 25 feet in height. No structure shall be located in front of the primary structure or be taller than the primary structure.
      3. c.
         Fences. Fences shall not exceed six feet in height and shall be a minimum of 50 percent open if they are taller than four feet. A fence around the garden shall be constructed of wood, chain link, or ornamental metal.
   6. 6.
      Nursery or Greenhouses. A nursery or greenhouse is permitted as a limited use if the applicant demonstrates that the nursery or greenhouse is related to an academic program or research activity.
   7. 7.
      Commercial Stable. A commercial stable is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         Minimum Lot Area. The minimum lot area is ten acres or 1.2 acres per horse, whichever is greater.
      2. b.
         Setbacks. All areas where livestock will be present shall be set back at least 200 feet from all property lines.
      3. c.
         Buffers. The use shall require a Class A bufferyard, as specified in Table 4.204-1, Bufferyard Classifications.
   8. 8.
      Kennel. A kennel is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         AO District.

         1. i.
            The use is a home business that is located on a farmstead; or is located on a lot of not less than 10 acres in size; and
         2. ii.
            Runs or paddock areas area are a minimum of 150 feet from property that is used or zoned for residential purposes.
      2. b.
         CN District.

         1. i.
            The use does not include outside runs;
         2. ii.
            All operations and activities are conducted within a fully enclosed building that is designed and constructed with noise-resistant materials;
         3. iii.
            Plans and specifications for noise reduction materials are approved by the City through the site plan approval process in Sec. 9.307, Site Plans; 
         4. iv.
            The kennel does not provide services to animals that are larger than 50 pounds; and
         5. v.
            The use meets the standards of Sec. 2.204, Special Use Standards.
      3. c.

         CG District.

         1. i.
            Outside runs are permitted only if:

            1. 1.
               A minimum of one acre of open space is available for the use;
            2. 2.
               The runs are located at least 150 feet from property that is used or zoned for residential purpose; and
            3. 3.
               The runs are enclosed by a six-foot-tall fence or wall that is landscaped on the outside face with a hedge composed of shrubs installed 36 inches on center.
         2. ii.
            Inside operations and activities are conducted within a fully enclosed building, which is designed and constructed with noise-resistant materials;
         3. iii.
            The minimum lot size for the use is 5,000 square feet in a shopping center or 10,000 square feet in a freestanding building; and
         4. iv.
            Plans and specifications for noise reduction materials shall be approved by the City through the site plan approval process.     
      4. d.
         IL and IG District. Outside runs are permitted only if: 

         1. i.
            A minimum of one acre of open space is available for the use.
         2. ii.
            The runs are located at least 150 feet from the property that is used or zoned for residential purposes.
         3. iii.
            The runs are only used during daylight hours.
         4. iv.
            The runs are enclosed by a six-foot tall fence or wall that is landscaped on the outside face with a hedge composed of shrubs installed 36 inches on center. 
   9. 9.
      Small Single Family. Refer to Sec. 3.102.D, Housing Bonus.
   10. 10.
       Manufactured Home Park. A manufactured home park or manufactured home subdivision is permitted as a limited use if the applicant demonstrates that:

       1. a.
          Site Design. Manufactured home parks and manufactured home subdivisions are designed as follows:

          1. i.
              A minimum of 20 percent of a manufactured home park site area shall be public open space.
          2. ii.
             Where a manufactured home park contains more than 60 units, at least two public access points shall be provided.
          3. iii.
             A six-foot solid fence is provided along any property line that adjoins a residential district or use.
          4. iv.
             Laundry and maintenance buildings are permitted as an accessory use. See Sec. 2.206, Accessory Use and Structure Standards.
          5. v.
             All units are required to have an enclosed area for outdoor storage, which shall be permanently affixed to the land, set back a minimum of five feet from all property lines, and shall have a minimum floor space of 80 square feet.
          6. vi.
             All manufactured homes and manufactured home parks shall provide bufferyards on all borders and shall have a class B bufferyard. 
       2. b.
          Site Area Requirements. 

          1. i.
             Minimum site area: 5 acres.
          2. ii.
             Maximum site area: 15 acres. 
       3. c.
          Improvements. Individual lots shall be improved and connected to utilities as follows: 

          1. i.
             Permanent Foundations and Tie-Downs. All manufactured homes in manufactured home parks or manufactured home subdivisions are mounted on a permanent concrete foundation pad. Each foundation pad provides anchors and tie-downs such as cast-in-place concrete "dead men," embedded eyelets, runway screw augers, arrowhead anchors, or other devices which secure and stabilize the unit. Such devices are placed at least at each corner of each manufactured home.
          2. ii.
             Utilities. All units are served with sanitary sewer, potable water, and electrical power, which are installed underground. All electrical service equipment is mounted on the structure to which service is provided.
       4. d.
          Unit Specifications. All manufactured homes meet the following specifications:

          1. i.
             The average elevation of a manufactured home frame above ground level, measured at 90 degrees to the frame, does not exceed four feet from the top of the foundation pad.
          2. ii.
             The roof is pitched, with a minimum vertical rise of 2.5 feet for every 12 feet of horizontal run. 
          3. iii.
             The roof has eaves that project a minimum of 12 inches from the exterior wall. 
          4. iv.
             The wheels, axles, tongue, towing apparatus, and transporting lights are removed prior to occupancy of the unit.
       5. e.
          Skirting. The vacant space between the finished grade of the property on which each manufactured home is located and the exterior edges of the finished floor of each unit is skirted as follows:

          1. i.
             Skirting is installed on a concrete footing so there is no visible gap between the finished floor and the ground.
          2. ii.
             The material used for skirting is rock, brick, manufactured vinyl, or concrete masonry construction. All skirting materials are compatible in appearance with the manufactured home and allow for adequate ventilation and drainage.
          3. iii.
             The skirting must be a continuous, complete, opaque, and rigid surface that lends permanency to the appearance of the unit and totally screens the crawl space under the unit.
       6. f.
          Unit Inspection. When a unit is to be conveyed to a new owner or leased to a new occupant, it shall be inspected by the City of Edinburg. All units that do not comply with standards for manufactured housing shall be given a complete interior and exterior inspection focusing on habitability and safety. If the unit is deemed unfit, Edinburg may require improvements or replacement with a newer unit certified by the U.S. Department of Housing and Urban Development (HUD).
       7. g.
          Plat Notation. Plat notes added stating that only single wide or double wide manufactured homes are allowed, and that double wide manufactured homes shall not be allowed on lots designed for single wide manufactured homes.
   11. 11.
       Manufactured Home. A manufactured home is permitted as a limited use on lots with an area of 21,780 square feet (1/2 acre) or greater.    
   12. 12.
       Home Occupation. A home occupation is permitted as a limited use if the applicant demonstrates that: 

       1. a.
          Accessory Use. The home occupation is an accessory use to a residential dwelling.
       2. b.
          Floor Area. The area used for the home occupation does not exceed the lesser of:

          1. i.
             10 percent of the gross floor area of the residential unit; or
          2. ii.
             220 square feet. 
       3. c.
          Work Force. The home occupation is managed and owned by a person who resides in the dwelling unit and employs only family members living in the unit.
       4. d.
          Alteration. No alteration is made to accommodate the home occupation that changes the exterior character or appearance of the dwelling.
       5. e.
          No Outdoor Storage. The home occupation does not require or use outdoor storage.
       6. f.
          Display of Goods. No commercial display of materials, merchandise, goods, or equipment is visible from the exterior of the dwelling unit.
       7. g.
          Advertising. The use shall not be advertised in local newspapers, telephone directories, or other media in a manner that invites the public to the use.
       8. h.
          Truck Traffic. The home occupation does not require the delivery or shipment of materials, merchandise, goods, or equipment by other than passenger motor vehicles and small parcel delivery services.
       9. i.
          Vehicles. The home occupation does not have any vehicles or trailers which: 

          1. i.
             Identify by sign, logo, or emblem the occupation, business, or activity; and
          2. ii.
             Are parked on the premises in a place that is visible from adjoining property or public rights-of-way. 
   13. 13.

       Home Business. Home business is permitted as a limited use if the applicant demonstrates that:

       1. a.
          Use. Except as provided in subsection E, below, home businesses are limited to office uses and service businesses. No stock-in-trade shall be displayed or sold upon the premises.
       2. b.
          Employees. No more than one person other than members of the immediate family residing in the dwelling unit shall be employed on the site of the home business.
       3. c.
          Parking. All parking shall comply with the provisions of Division 4.100, Parking and Loading, and shall be fully screened from public view with a berm, solid fence, and/or hedge.
       4. d.
          Signs. A single non-illuminated sign or nameplate is permitted up to six square feet in size, which shall comply with the standards contained in Division 4.300, Signs.
       5. e.
          Additional standards by zoning district.   

          1. i.
             In AO districts, home businesses shall only be conducted on farmsteads.
          2. ii.
             In AO and RS districts, the use for the occupation is clearly incidental to the use of the dwelling as a residence, and occupies no more than 40 percent of the floor area of the dwelling unit.
          3. iii.
             In DT, CN, CG, and IG districts, the home business occupies not more than 60 percent of the floor area of the dwelling unit.
          4. iv.
             In CN, CG, and DT districts, any commercial retail use that is permitted in the district may be permitted in a single-family dwelling that is for both residence and retail uses.
   14. 14.
       Cottage Industry. A cottage industry is permitted as a limited use if the applicant demonstrates that: 

       1. a.
          Use. Cottage industry may include crafts, such as cabinetry, furniture making, weaving, pottery and arts, food processing, blacksmithing and welding, and contractors, well drilling, or light industrial uses. Products manufactured on the premise may be sold on the premise.
       2. b.
          Employees. No more than five persons other than members of the immediate family residing in the dwelling unit shall be employed on the site of the cottage industry. Businesses that do work off-site may have up to 10 employees, provided that the additional employees do not work on the premise
       3. c.
          Parking. All parking shall comply with the provisions of Division 4.100, Parking and Loading, and shall be fully screened from public view with a berm, solid fence, and/or hedge. 
       4. d.
          Signs. A single non-illuminated sign or nameplate is permitted up to six square feet in size, which shall comply with the standards contained in Division 4.300, Signs.
       5. e.
          Accessory Buildings. Except as provided in f.i.2, below, accessory buildings may be used for cottage industry uses if they are built to in a manner that is similar in style and materials used for the principal structure.
       6. f.
          Additional standards by zoning district.

          1. i.
             In AO districts, Accessory buildings may be used for the cottage industry if they are either existing farm buildings that are converted to the cottage industry use or new buildings that are built in the character of the farmstead's traditional buildings. 
          2. ii.
             In RS districts, cottage industries are only conducted within the buildable area of lots that are at least 2.5 acres in area. 
   15. 15.
       Family Home Daycare. A registered child care home or licensed child care homes, grouped together as Family Home Daycare, is permitted as a special use if the applicant demonstrates that:

       1. a.
          General requirements. The following requirements apply to Registered Child Care Homes and Licensed Child Care Homes:

          1. i.
             The applicant must reside on the premises. 
          2. ii.
             Child care facilities are allowed in all residential zoning districts upon approval of a Special Use Permit.
          3. iii.
             The day care facility shall be clearly secondary to the residential use.
          4. iv.
             The child care facility shall meet State childcare licensing requirements.
          5. v.
             The application shall be signed by the property owner or the applicant shall provide a letter or authorization from the property owner.
          6. vi.
             Fire and sanitary inspections.
          7. vii.
             A semi-circular driveway for drop-off and pickup is provided. Required parking spaces shall not be included as part of this circular driveway.
          8. viii.
             At least two parking spaces shall be available on site in front of the dwelling that do not interfere with the driveway.
          9. ix.
             Outdoor play areas are enclosed by a fence that is at least six feet in height.
          10. x.
              The use shall be accessed by a public street approved by the City.
       2. b.
          Spacing requirements. The minimum distance between all types of day care that are located in residential districts shall be a one-half mile radius.
       3. c.
          Permit duration and renewal.

          1. i.
              A Special Use Permit pursuant to this Section shall expire within one year.
          2. ii.
             Application for renewal shall be made 30 days before permit expiration.
          3. iii.
             Renewals shall be reviewed as original applications for the first year after the original approval.
          4. iv.
             Subsequent renewals shall be reviewed as Limited Uses, regardless of the type of review used for the original approval.
          5. v.
             The applicant is encouraged to renew the permit with ample time to renew a license with the State childcare licensing agency.
          6. vi.
             Special Use Permits are not transferable from one licensee to another.
4. D.
   Institutional Uses.

   1. 1.
      Place of Public Assembly. The standards of this section are intended to ensure land use compatibility, protect the integrity of neighborhoods, and preserve community character, while allowing uses that serve the community to locate near and among residential uses. A place of public assembly is permitted as a limited use if it is located on an interior lot and the applicant demonstrates that:

      1. a.
         Location. The place of assembly is located with the most intensive activities located on arterial roads.
      2. b.
         Minimum Lot Size. In all RS, RP, RU and RM districts, place of public assembly shall have a minimum site area that is the greater of: 

         1. i.
            Four times the minimum lot size of the respective district; or
         2. ii.
            The following minimum site areas, which are listed by specific type of use: 

            1. 1.
               School: 10 acres.
            2. 2.
               Library or museum: 2 acres.
            3. 3.
               Places of worship: 1 acre.
      3. c.
         Special Use Permit Required for Corner Lots. A place of public assembly located on a corner lot shall require a Special Use Permit in accordance with these limited use standards and the criteria specific to Special Use Permits in Subsection 2.204.C, Decision Criteria. 
   2. 2.
      Institutional Residential. An institutional residential use is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         Access. Access to the use is provided by a street that is classified as collector or greater in capacity.
      2. b.
         Building character. The buildings are residential in character.
      3. c.
         Fence. An opaque fence that is six feet in height is constructed between the institutional residential use and adjoining property that is used or zoned for single-family homes.
   3. 3.
      Private Club or Social Club. Private or social clubs are permitted as a limited use if the applicant demonstrates that:

      1. a.
         Building character. The building in which the use is located: 

         1. i.
            Has the character of a residential building; and
         2. ii.
            Has a floor area that is not greater than 1.5 times the floor area of the largest home that is located on the same street face.
      2. b.
         Street access. The use shall be accessed by a public street that is classified as a collector or greater capacity, or within 300 feet of an intersection with a road that is classified as a collector or greater capacity.  
   4. 4.
      Public Service. A public service use is permitted as a limited use if the applicant demonstrates that the building that the public service use occupies has a physical character that resembles a residence.
   5. 5.
      Utility, Community. A community utility is permitted as a limited use if the applicant demonstrates that:

      1. a.
         RS, RP, RU and RM districts.

         1. i.
            The use cannot be located in a district in which it is a permitted use, and must be located in one of the above districts in order to provide necessary services.
         2. ii.
            A minimum of class B bufferyard is provided on all sides with an increased opacity. 
      2. b.
         UU and DT Districts. In the UU and DT districts, the design of the community utilities is compatible with the urban environment. Masonry walls, rather than fences, are used to screen the facility. The street faces are improved to provide an expansion of the sidewalk areas with landscaping and seating to make the utility a useful part of the streetscape
   6. 6.
      Utility, Neighborhood. A neighborhood utility is permitted as a limited use if the applicant demonstrates that:

      1. a.
         Sub-stations. Utility sub-stations are screened from view from public rights-of-way and abutting properties by:

         1. i.
            Enclosure in structures that are designed to appear to be buildings; or
         2. ii.
            A class B bufferyard or greater, which may include a fence if necessary for safety or security reasons. 
      2. b.
         Other facilities. Lift stations, telephone switches, ground-mounted transformers, and similar facilities are screened from view from public rights-of-way and abutting properties by:

         1. i.
            Enclosure within a building; or
         2. ii.
            Enclosure by a hedge composed of shrubs planted 36 inches on center and maintained at a height that is at least equal to the utility facility. A fence may be located behind the hedge if necessary for safety or security reasons. An opening on one side of the facility of a size that is sufficient to provide access is permitted, provided that it does not face a public right-of-way, unless otherwise required by the City Engineer in the case of public facilities which require such access. 
5. E.
   Commercial and Industrial Uses.

   1. 1.
      Bed and Breakfast. A bed and breakfast is permitted as a limited use if the applicant demonstrates that:

      1. a.
         Building. The bed and breakfast is a reuse of an existing single-family building having a minimum floor area of 2,000 square feet. Additions shall amount to no more than 60 percent of the total floor area, subject to the provisions of Article 3, Lot and Design Standards.
      2. b.
         Signs. Signs must be constructed of wood or other durable, non-plastic material, and shall be affixed flat against the principal structure or constructed as a monument sign that is no more than four feet in total height. The maximum sign area is as follows:

         1. i.
            In the RS, RP, and RU districts: 5 square feet.
         2. ii.
            In the AO district (farmsteads): 16 square feet. 
      3. c.
         Parking. Bed and breakfast uses must provide for all parking off-street, which shall be fully screened from adjoining land uses by hedges and canopy trees. The Administrator ​​​may permit on-street parking to be substituted for off-street parking upon determining that the street can accommodate the required parking and that off-street parking would be detrimental to the character of the area.
   2. 2.
      Car Wash. A car washes is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         Buffer. A minimum of a Class B bufferyard, including a fence or wall, shall screen the use from property that is used or zoned for residential uses.
      2. b.
         Building character. The car wash is completely enclosed, except at points of ingress and egress, and the circulation is on the rear or interior sides of the facility so that the streetscape retains an urban character; or
      3. c.
         Structured parking alternative. The car wash is provided within a parking structure, and the car wash is screened from the public right-of-way. 
   3. 3.
      Commercial Lodging. Commercial lodging is permitted as a limited use if it is associated with the University either as a teaching facility or a university hotel or inn.
   4. 4.
      Commercial Retail. Commercial retail is permitted as a limited use if the applicant demonstrates that:

      1. a.
         Parking. The required parking for the composite uses shall be in accordance with Division 4.100, Parking and Loading. 
      2. b.
         Additional standards by zoning district.

         1. i.
            UU and CG districts. The commercial retail use is located on the ground floor of a multi-story building that is a permitted use in the district, and the commercial retail use constitutes no more than 25 percent of the total gross floor area of the building in which it is located.
         2. ii.
            IG district. The commercial retail use is related to a business that engages in both retail and wholesale sales of products which are manufactured or warehoused on the premises, and the manufacturing or warehouse use comprises 60% or more of the floor area of the building in which the commercial retail use is located and is not accessible to customers. Any such building, if it fronts on an arterial street, shall meet the design standards and provisions of Division 3.200, Standards for Nonresidential and Mixed Use Development.
6.  
   5. 5.
      Drive-In Facility. A drive-in facility is permitted ​​​​​​as a limited use if the applicant demonstrates that: 

      1. a.
         Noise buffer. Where the use abuts a residential zoning district, the ordering station is buffered with a wall and landscaping to reduce noise transmission.
      2. b.
         Additional standards by zoning district.

         1. i.
            DT district. Access to drive-in facilities is: 

            1. 1.
               From a private or public alley, and the circulation is on the rear or interior sides of the facility so that the streetscape of the use retains an urban character; or
            2. 2.
               From within a parking structure, configured such that the drive-in facility itself is not obvious from the street. 
         2. ii.
            CN district. The drive-in facilities are designed and configured such that: 

            1. 1.
               The use has pitched roofs over the building and any canopy that are consistent in pitch and color with the adjacent and nearby residential structures.
            2. 2.
               The service area and outdoor speakers are directed away from abutting and nearby properties that are used or zoned for residential use, or a Class B bufferyard, including a fence or wall shall screen the drive-in facility from such properties.
   6. 6.
      Food Truck Park. A food truck park is permitted as a limit use if the applicant demonstrates that:

      1. a.
         Generally. The applicant complies with the requirements and permitting of all City departments.
      2. b.
         Mobile food vendors. All mobile food vendors located at the food truck park meet the standards of City of Edinburg Code of Ordinances Sec. 112.18 - Mobile Food Vendors.
      3. c.
         Spacing. A mobile food vendor may not be located within 100 feet of the primary entrance of an open and operating fixed-location food service or eating establishment except during City sponsored or other community events.
      4. d.
         Site plan required. A site plan and application are approved prior to operation.
      5. e.
         Parking. The establishment provides necessary parking based on the sum of the square footage of the mobile food truck(s) and seating area in accordance with Section 4.103 standards for Restaurant Uses.
      6. f.
         Restrooms. Full restroom facilities are available during hours of operation no more than 300 feet away, measured from the nearest mobile food vendor to restroom door.

         1. i.
            Temporary or portable restrooms (porta-potty, porta-john, thunderbox, portaloo, etc.) are prohibited.
         2. ii.
            An agreement in writing is required for use of restroom facilities at a neighboring business.
      7. g.
         Improved Surface. All mobile food vendors are parked on a paved surface such as asphalt, concrete, or similar surface approved by City Engineer.
   7. 7.
      Light Automobile Service. A light automobile service building is permitted as limited use subject to the following standards:

      1. a.
         Building character. A pitched roof shall be constructed for both the building and any canopy. The roof shall be of a pitch that is no less than the shallowest pitch of a pitched residential roof within 150 feet in any direction on the same street segment and no greater than the steepest pitch of a pitched residential roof within the same area.
      2. b.
         Buffer. A minimum of a Class B bufferyard, including a fence or wall, shall screen the use from property that is used or zoned for residential uses.
      3. c.
         Lighting. At no point shall lighting on the site exceed 60 foot-candles.
   8. 8.
      Office. An office is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         Use. The office use provides services that support agricultural uses in that they are unlikely to generate material traffic from clients that are not engaged in agricultural operations.
      2. b.
         Building character. The office use is located in a building that has the character of surrounding farmsteads.
   9. 9.
      Restaurant. A restaurant is permitted as a limited use if the applicant demonstrates that: 

      1. a.
         AO district.

         1. i.
            The restaurant building has the character of a traditional farmstead. 
         2. ii.
            The restaurant has a floor area of less than 10,000 square feet.
         3. iii.
            The restaurant is not located any closer than 1/2 mile to any other restaurant within an AO district. 
      2. b.
         UU and IG districts.

         1. i.
            The restaurant has a floor area of less than 10,000 square feet.
         2. ii.
            The restaurant is intended to serve students (UU district) or employees (CG and IG districts) and does not have signage that is visible from a street that is of collector or greater capacity. 
      3. c.
         IL district.

         1. i.
            The restaurant has a floor area of less than 5,000 square feet.
         2. ii.
            The restaurant is located within a building that contains other permitted uses.
         3. iii.
            The restaurant is intended to serve employees and patrons of businesses within the district and does not have signage that is visible from a street that is of collector or greater capacity.
   10. 10.
       Vehicle Sales, Rental, and Service. A vehicle sales, rental, and service use is permitted as a limited use if the applicant demonstrates that:

       1. a.
          Use of Right-of-Way Prohibited. No vehicles are parked on the public right-of-way. Violating vehicles shall constitute a zoning violation and shall be towed at the owner's expense as provided by law.
       2. b.
          Parking. All vehicles that are stored outside are parked on an asphalt or concrete surfaces.
       3. c.
          Additional standards by zoning district.

          1. i.
             CG, IL, and IG districts.

             1. 1.
                All lighting is designed and installed to prevent glare or excessive light spillover onto adjacent properties, in accordance with Division 4.400, Outdoor Lighting.
             2. 2.
                Repair bays do not front on an adjacent public street right-of-way or towards residentially zoned land.
             3. 3.
                All vehicle display areas and lots are screened in accordance with Division 4.200, Landscaping and Buffering. 
          2. ii.
             DT district. The use shall be in a multi-story building that contains all sales and service areas with no outdoor vehicle storage, except an expanded sidewalk area may contain a display of up to three vehicles located entirely on the property. Design of such display area shall enhance the streetscape, as approved by the City. The frontage of the building shall be at least 70 percent glass to provide a view of the showroom.
       4. d.
          Off-premises displays. No vehicles, including automobiles, boats, lawn equipment, all-terrain vehicles, or other similar items, shall be displayed for sale or lease outside of the premises of a vehicular sales, rental, or service use that has a certificate of occupancy issued by the City. This prohibition does not apply to the sale, by owner, of a private vehicle, boat, trailer, or recreational vehicle, provided that it is in operating condition and, when parked, is parked on a paved surface on the occupant's residential property, and no more than one vehicle per year is offered for sale.
   11. 11.
       Veterinarian. A veterinarian is permitted as a limited use if the applicant demonstrates that:

       1. a.
          AO District. In the AO district:

          1. i.
             The use is located on a lot of not less than 10 acres in size.
          2. ii.

             Runs or paddock areas area minimum of 300 feet from property that is used or zoned for residential purposes, or from any hotel, church, school or store, or any other building frequented or habited by human beings within the City.

          3. iii.
             More than 50 percent of the practice will involve livestock or large animals.
       2. b.
          UU District. In the UU district:

          1. i.
             The use is related to an academic or research program.
          2. ii.

             Runs or paddock areas area minimum of 300 feet from property that is used or zoned for residential purposes, or from any hotel, church, school or store, or any other building frequented or occupied by human beings within the City.

       3. c.
          CN, CG, and DT Districts. In the CN, CG, and DT Districts:

          1. i.
             No livestock or large animal veterinary clinics are permitted.
          2. ii.

             The use is conducted within a fully enclosed building, which is to be designed with noise resistant materials, the minimum lot size shall be 5,000 square feet in a shopping center or 10,000 square feet for freestanding buildings. Plans and specifications for noise reduction materials shall be approved by Edinburg through the site plan approval process.

   12. 12.
       Recreation, Indoor. An indoor recreation facility is permitted as a limited use if the applicant demonstrates that: 

       1. a.
          Limited access. Access to the use is limited to residents of the development or neighborhood in which it is located and their invitees.
       2. b.
          Use compatibility. The use is: 

          1. i.
             Located at least 100 feet from any residential building;
          2. ii.
             Constructed of sound-resistant materials; or 
          3. iii.
             Limited in operation such that it is closed between 10:00 p.m. and 7:00 a.m. 
   13. 13.
       Recreation, Outdoor. An outdoor recreation facility is permitted as a limited use if the applicant demonstrates that: 

       1. a.
          AO district. The outdoor recreation use is limited to passive recreational activities.
       2. b.
          RS, RP, RU, RM, MH, ​​​​​and UU districts. The outdoor recreation use is: 

          1. i.
             Closed between 9:00 p.m. and 7:00 a.m.; or 
          2. ii.
             Portions of the use that are open later than 9:00 p.m. are located at least 300 feet from property that is used for residential purposes. 
   14. 14.
       Heavy Industry. Heavy industry is permitted as a limited use if the applicant demonstrates that the operation is entirely within a masonry building having an area of less than 40,000 square feet. No such use shall be permitted on a lot that adjoins a residential district.
   15. 15.
       Recycling/Salvage/Disposal. A recycling/salvage/disposal facility is permitted as a limited use subject to the following standards:

       1. a.
          Recycling Drop-Off. This is a small local drop-off where materials are collected for shipment to a recycling facility. All such facilities shall meet the following:

          1. i.
              It shall be located along and have direct access to a collector or arterial roadway.
          2. ii.
             All recycling materials shall be stored inside a solid perimeter fence at a height such that the recycling materials are not visible from any public right-of-way or adjacent property.
          3. iii.
             No materials causing offensive odors or unsanitary conditions or having caustic, toxic, or otherwise potentially harmful chemicals or compounds shall be stored on any lot or premise.
          4. iv.
             All principal structures and accessory structures shall be located a minimum of 500 feet from residentially zoned or used properties and any public use or building.
          5. v.
             The total area devoted to this accessory use shall not exceed 500 square feet.
          6. vi.
             If storage is located outside against the building, it shall be enclosed by a wall designed to blend with the architecture of the building.
          7. vii.
             If it is freestanding, it shall be designed to meet the standards of solid waste collection and trash enclosures in Sec. 2.206, Accessory Uses and Structure Standards.
       2. b.
          Resource Recovery or Recycling Facility. This facility is a limited use in the IG and IL districts where all activities are carried out within a building. If there is outdoor storage it shall become a special use, and Class B bufferyards shall be installed along all property lines.
   16. 16.
       Warehousing and Transportation. A warehousing and transportation facility is permitted as a limited use if the applicant demonstrates that: 

       1. a.
          Truck Routing. A truck routing plan is submitted and approved to prevent trucks from using streets that are residential in nature.
       2. b.
          Additional standards by zoning district.

          1. i.
             AO district. The warehousing and transportation use is related to the distribution of locally grown agricultural products.
          2. ii.
             IL district. The warehousing and transportation use:

             1. 1.
                Does not involve hazardous materials; and
             2. 2.
                Occupies no more than 60% of a building that is used for related light industrial purposes. 
   17. 17.
       Wireless Telecommunication Facility. A wireless telecommunication facility is permitted as a limited use if the applicant demonstrates that:

       1. a.
          Attached Telecommunications Facilities. Attached telecommunications facilities are installed on existing wireless communication facilities, agricultural, educational, governmental buildings or facilities or structures owned by a utility provider, churches or other similar non-residential structures in a residential district. 
       2. b.
          Fenced Enclosure Required. An opaque fence that not less than eight feet in height and not more than 10 feet in height encloses the base of all wireless telecommunications towers and related facilities.
       3. c.
          Setbacks. These setbacks shall apply in all zones. Setbacks may be modified as part of the Special Use process when such process is required. These setbacks are for new towers only. The utilization of an existing structure does not require the creation of a separate lot.

          1. i.
              Wireless telecommunications towers shall be set back from all property lines.:

             1. 1.
                 A distance equal to 110% of the height of the tower; or
             2. 2.

                For towers with preformed collapse points, 110% of the height of the tallest section.

          2. ii.
              All accessory structures to wireless telecommunications towers, wireless telecommunications structures, and wireless telecommunications facilities (excluding required fence and guy wires) shall be set back 15 feet from property lines.
       4. d.
          Height. Wireless telecommunication facilities do not exceed the following heights:

          1. i.
             Towers.

             1. 1.
                CG districts: 150 feet.
             2. 2.

                IG, IL, and AO districts: 200 feet.

             3. 3.
                RS, RP, RU, RM, UU, and CN districts: 20 feet above the maximum building height permitted in the zoning district. 
          2. ii.
             Support facilities are subject to the maximum building height permitted in the zoning district. 
       5. e.
          Separation. New towers are separated from existing towers a minimum distance of two miles measured in a straight line from base to base, irrespective of jurisdictional boundaries. The distance requirement does not apply to antennas being located on an existing tower.
       6. f.
          Access. 

          1. i.
             Vehicular access shall be provided to all towers. Such access shall be improved with asphalt, concrete or a similar material and a minimum pavement width of 20 feet. Caliche shall not be an acceptable material. 
          2. ii.
             Adequate space must be provided for maneuvering maintenance vehicles at the base of the tower 
       7. g.
          Appearance.

          1. i.
             Towers shall be of an inconspicuous stealth design. The applicant shall provide an artist rending of the proposed stealth tower. The design of a stealth tower shall be compatible with the architecture of structures in the area of the proposed tower. If an applicant does not use a stealth design, the applicant shall demonstrate why such a design is not feasible.
          2. ii.
             Where stealth design is not feasible, towers shall be monopoles, painted a non-contrasting gray or similar color, minimizing their visibility, unless otherwise required or requested by the Federal Communications Commission, Federal Aviation Administration, or City.
          3. iii.
             Guyed towers may be permitted for radio or television facilities if monopole design is not possible.
          4. iv.
             No advertising is permitted anywhere on the wireless telecommunications antennas, wireless telecommunications equipment shelters, wireless telecommunications facilities, or wireless telecommunications towers. 
       8. h.
          Location in areas of need. Wireless telecommunications antennas, towers, structures and facilities are located only in areas of need, that is, poor coverage that will be corrected by the tower or antenna. The applicant shall demonstrate need by submitting a needs study that identifies the location, or group of locations, where a facility will meet the communications need. Among the locations identified, the applicant shall locate the facility according to the following priority locations, listed from greatest priority (1) to least priority (5):

          1. i.
             Co-location on another tower that meets the requirements of this section.
          2. ii.
             On an existing utility structure such as a water tower or power pole.
          3. iii.

             On an existing structure such as a steeple where the antenna can be camouflaged to retain the appearance of the structure.

          4. iv.
             On a site where the tower will largely be screened from view from residential property and public rights-of-way by distance, intervening buildings, and vegetation.
          5. v.
             On another location, with screening as approved.  
       9. i.
          Structure. The applicant must provide a Texas licensed engineer's sealed certification of:

          1. i.
             The structures' (pole and equipment) ability to withstand a 200 m.p.h. wind load.
          2. ii.

             The structural integrity and safety of the proposed facility and the existing structure with the application.

          3. iii.
             For new structures/towers the ability of the structure/tower to accept the co-location of at least two additional wireless telecommunications facilities from structural, safety, and operations perspectives. 
       10. j.
           Collapse Zone. Fall Zone. No tower or antenna shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any tower or antenna, not located a distance equal to the height of the tower plus 50 feet away from all habitable structures, property lines, or other towers, shall be designed to withstand the maximum forces expected from wind when the tower is fully loaded with antennas, transmitters, and other equipment. Compliance with this requirement shall be certified by a professional engineer licensed by the State of Texas in a report describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed.
       11. k.
           Documentation. Documentary evidence of compliance with all Federal Aviation Administration and Federal Communications Commission requirements.
       12. l.
           Temporary towers. Upon notification to the Planning, Zoning & Engineering Department, operational, temporary test towers/antennas may be erected for a period not exceeding 72 hours per parcel.
       13. m.
           Abandonment/termination of use. The owner of the property shall dismantle the tower and all associated structures if no functioning antenna is attached to the towers for 18 consecutive months, and shall restore the site as nearly as possible to pre-existing site conditions.
       14. n.
           Permit fees. Permit fees for new towers and co-location of wireless telecommunications facilities shall be paid in accordance with the fee schedule established by the City. Co-location of wireless telecommunications facilities on city facilities shall require additional compensation as agreed upon by the City.
   18. 18.
       Small Cell Facility. A small cell facility is permitted as a limited use if the applicant demonstrates that:

       1. a.
          No pole or structure shall be higher than any existing utility or traffic signal within 300 feet of the pole or structure.
       2. b.
          Any new pole for a small cell facility shall be separated from any other wireless telecommunication facility or small cell facility by a distance of at least 600 feet, unless the new pole replaces an existing traffic signal, street light pole, water tower, or similar structure.
       3. c.
          With respect to pole-mounted components, new small cell facilities shall be located on an existing utility pole serving another utility or shall be located on a new utility pole;
       4. d.
          When placed near a residential property, new facilities shall be placed in front of the common side yard property line between the adjoining residential properties. In the case of a corner lot, the facility shall be placed directly on the corner formed by two intersecting streets;
       5. e.
          In order to erect a new pole, the applicant shall demonstrate that all co-location options have been exhausted and that a new pole is the only feasible option.
       6. f.
          A small cell facility shall:

          1. i.
             Be designed such that antenna installations on traffic signals are placed in a manner so that the size, appearance, and function of the signal will not be considerably altered;
          2. ii.
             Be designed such that all antennas, mast arms, equipment, and other facilities are sized to minimize visual clutter, and where possible, concealed within the structure;
          3. iii.
             Require that any ground-mounted equipment be installed in an underground vault or that any above-ground equipment have a landscape base; 
          4. iv.
             Not alter vehicular circulation or parking within the right-of-way or impede vehicular, bicycle, or pedestrian access or visibility along the right-of-way; and
          5. v.
             Comply with the federal Americans With Disabilities Act (ADA) and all applicable local, state, and federal laws and regulations. 
   19. 19.
       Alcoholic Beverage Sales for On-Premise Consumption, 50% or Less. (Restaurant).

       1. a.

          Spacing. The sale of alcoholic beverages by any dealer within the City at a location within 300 feet of any church, public or private school, daycare, or public hospital, or within 1,000 feet of a public or private school if the city receives a request from the board of trustees of a school district or governing body of a private school.

          1. i.

             The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections.

          2. ii.

             The measurement of the distance between the place of business where alcoholic beverages are sold and public or private school, daycare centers and other child care facilities and university shall be in a direct line from the property line of the private or public school, daycare center and other child care facilities or university to the property line of the place of business, and in a direct line across intersections.

       2. b.
          Other Code Requirements and Cross-References.

          1. i.
             The use or place of business must meet all other provisions of the City's Alcoholic Beverage Code and adopted building codes.
          2. ii.
             A TABC license is required for operation of an alcoholic beverage sales use.
          3. iii.
             The Limited or Special Use Permit shall be approved prior to the application for TABC license.
          4. iv.
             The use or place of business must provide for a food preparation area in which food is prepared and cooked for human consumption. Sale of chips, peanuts and cold sandwiches does not qualify the area for a kitchen. 
   20. 20.
       Campground and Recreational Vehicle Park. A campground and recreational vehicle park is permitted as a limited use if the applicant demonstrates that:

       1. a.
          Residential Use Prohibited. No recreational vehicle or tent shall be used as a permanent place of residence.
       2. b.
          Intensity. The overall density shall not exceed three campsites or RV sites per acre for the entire site.
       3. c.
          Open Space. Open space for common areas shall be planned and provided for at convenient, centralized locations to provide at least 200 square feet per recreational vehicle space. Such open space may include play yards, pools, and recreation buildings, but shall not be deemed to include public facilities and open areas that are not accessible to the tenants.
       4. d.
          Sites. Campsites must be between 4,000 and 8,000 square feet in size and must be clustered. The minimum size of a cluster is four campsites and the maximum size is 12 campsites.
       5. e.
          Utilities. All RV spaces shall be served with sanitary sewer, water, and electrical power, which shall be placed underground. All tent campsites shall have water and electric power provided underground to the site.
       6. f.
          Improvement. Each parking space shall be improved with asphalt or better covering in order to maintain a dust-free condition.
       7. g.
          Buffers. This use shall have a minimum of a Class B bufferyard on all sides, except that the bufferyard shall be Class B if the adjoining property is in residential use.
       8. h.
          Floodplain. No campsites shall be allowed in the 100-year floodplain.
       9. i.
          Site Area. The minimum site area for this use shall be five acres.
       10. j.
           Access. Site access shall be from an arterial or collector road.
   21. 21.
       Light Industry.

       1. a.
          Indoor Operations. All operations shall be conducted completely within a building, except limited daily outdoor operations and storage may occur behind the building and shall occur a minimum of 50 feet from any property line.  
       2. b.
          Outdoor Storage. Outdoor storage shall be screened from view from the public-right-of-way and adjacent properties with a Type B Bufferyard. 

Effective on: 8/9/2022