Harlingen City Zoning Code

In a residence or an apartment district, an accessory building is a subordinate building, smaller in both size and scale than the main building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. Separate bath and kitchen facilities shall be allowed in cabanas, shelters, and other private poolside structures; provided, however, that such structures shall never be used as a residence.

Any structure, item or appurtenance, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district. The exemptions to this requirement will be mailboxes, yard decorations, flagpoles, swimming pools and fountains.

In other districts, an accessory building is a subordinate building, smaller in both size and scale than the main building, the use of which is incidental to and used only in conjunction with the main building.

Attached accessory buildings shall be from the front property line the same distance required for the main building, for front yard purposes. Detached accessory buildings shall be located in the area defined as the rear yard.

There shall be a side yard not less than five feet from any side lot line or alley line, except that adjacent to a side street, the side yard shall never be less than ten feet.

There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line. Carports, garages or other detached accessory buildings located within the rear portion of the lot as heretofore described shall not be located closer than three feet to any rear lot line.

In a residence or an apartment district, a portable building is a subordinate building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased.

Any portable building, the use of which is incidental to the main structure, will be required to comply with the same restrictions as those for an accessory building in a residential or apartment district.

In other districts, a portable building may be a subordinate building, the use of which is incidental to and used only in conjunction with the main building, or used as an office or for commercial use.

A portable building may never be used as a main building for residential use. Every building shall face or front upon a public street or approved place, other than an alley. The access shall be a minimum width of 30 feet and must be approved by the planning and zoning commission and city commission through a special use permit. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of the same, more than one main building may be located upon the lot. However, a special use permit is required for each such portable building and for allowance of more than one on a single lot. Such buildings shall conform to all open space, parking and other requirements applicable to the uses and district when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as approved by the planning and zoning commission and city commission and filed with the chief building official is prohibited.

A portable building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A portable building of any size located in any other designated zone shall require a special use permit.

Portable buildings shall be from the front property line the same distance required for the main building, for front yard purposes.

There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.

There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.

A storage building larger than 144 swine feet in size in any zone shall require a special use permit as set forth in section 111-413.

A storage building for one-family, two-family or multiple-family use with permitted accessory buildings or one portable building may be located upon a lot or unplatted tract; however, a storage building may never be used as a main building for residential use. Every dwelling shall face or front upon a public street or approved place, other than an alley, which means of access shall have a minimum width of 30 feet. Where a lot is used for multifamily, retail, commercial, or industrial purposes, or a combination of same, or for a combination of retail and dwelling purposes, more than one main building may be located upon the lot. Such buildings shall conform to all open space, parking and density requirements applicable to the uses and district and when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. An approved site plan shall be filed with the chief building official to ensure compliance with this article. Any deviation of more than one foot from the said site plan as filed with the chief building official is prohibited.

A storage building larger than 144 square feet in size in a residential zone shall require a special use permit as set forth in section 111-413. A storage building of any size located in any other designated zone shall require a special use permit.

Storage buildings shall be located in the area defined as the rear yard.

There shall be a side yard not less than five feet from any side lot line or alley line, except that, adjacent to a side street, the side yard shall never be less than ten feet.

There shall be a rear yard not less than three feet from any lot line or alley line, except that, if no alley exists, the rear yard shall not be less than ten feet as measured from the rear lot line.

In districts R-1, R-2, M-1, M-2, RPH, and MH, storage containers are not permitted.

A storage container may never be used as a main building for residential use. A special use permit is required for each such storage container. A special use permit may not be obtained unless the applicant files a site plan with the chief building official demonstrating that the container will be screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery, and that all setback restrictions applicable to storage buildings are observed. A special use permit may not be administratively approved pursuant to section 111-413.

Special use permits issued under this subsection shall be valid for no more than 90 consecutive days. No more than one special use permit shall be granted per lot in any 12-month period. No more than one storage container may be allowed under a single special use permit.