Harlingen City Zoning Code
ARTICLE XII
SPECIAL USE REGULATIONS AND RESTRICTIONS
§ 111-327 Construction offices (temporary).
(a)
Buildings and building material storage areas to be used for construction purposes may be permitted for a specified period of time in accordance with a permit issued by the chief building official and subject to periodic renewal by the chief building official for cause shown. Upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the chief building official or other designated person.
(b)
This chapter shall have no effect on the continuity and enforcement of chapter 107, regulating the subdividing, platting and operation of Class A Mobile Home Developments and Class B Recreational Vehicle Developments in the city.
(c)
The location, whether permanent or temporary, of mobile homes, including temporary storage or parking of mobile homes shall be expressly prohibited in all residential single-family, residential multifamily, offices, neighborhood services, general retail, light industry, heavy industry and not designated zoned districts in the city (unless otherwise allowed under section 111-62 as in the case of mobile homes displayed for sale, lease or rent on mobile homes sales lots and mobile homes as offices for mobile home sales lots, or mobile homes displayed on mobile home manufacturing plants). The location of recreational vehicles shall be permitted in accordance with section 111-62. The use and occupancy of mobile homes shall be expressly prohibited in any N-Not Designated zoned district or any designated district (save and except where a particular use is allowed in a specified district as provided under section 111-62). Any use and occupancy of recreational vehicles is prohibited in all zoned districts except as allowed under section 111-62, or as otherwise expressly allowed under the provisions of this chapter or any other ordinance or city code, mobile homes and/or recreational vehicles used as temporary field offices shall be allowed subject to the requirements pertaining to temporary field offices in general.
(Code 1997, § 159.120; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-328 Courtyards.
Where an apartment building is erected so as to create inner courts, the faces of all opposite walls in such courts shall be a minimum distance of 30 feet and no balcony or canopy shall extend into such courts area for a distance greater than five feet.
(Code 1997, § 159.121; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-329 (Reserved) [1]
[1]
Editor's note — Former § 111-329, which pertained to gasoline stations and derived from Code 1997, § 159.122; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997, was replaced 9/2/2020 by Ordinance 2020-25.
§ 111-330 Home occupations.
(a)
A home occupation is an occupation customarily carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of an on-premises sign to advertise the occupation, without offering any goods for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as odor, increased traffic congestion, light or smoke.
(b)
A home occupation may advertise by phone number, but without the use of the physical address. No hazardous chemicals shall be stored and/or used in the process of the home occupation.
(c)
A home occupation must maintain the residential look of the structure.
(d)
A home occupation for child or adult day care must meet the above requirements and shall accommodate no more than six children or adults.
(Code 1997, § 159.123; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)
§ 111-331 Mobile vendors and special events.
All vendors who wish to market their wares in the city for a temporary time must meet the following requirements:
(1)
No vending will be allowed from a vacant lot.
(2)
All mobile vendors operate with equipment and/or displays that can be entirely removed from the site at the end of each day of operation.
(3)
All mobile vendors shall have permission from the owner of record of the property on which the use is to be located where an already established legally conforming business use exists to allow the vendor to share the parking and restroom facilities provided and maintained by the main business use on the lot.
(4)
All mobile vendors shall fill out completely a mobile vendor's permit and pay a fee as established in section 111-35.
(5)
The department of planning and development (and other departments as necessary) shall inspect the site for compliance to normal regulations such as health requirements for a food vendor, parking requirements for the total site.
(6)
Once issued, the maximum length of time allotted by a mobile vendor's permit shall be no more than one year from the issuance date.
(7)
A mobile vendor's permit may be renewed any number of times by following the specifications set forth in this section as long as the property owner is willing to continue to allow the use of bathroom and parking facilities and both businesses continue to be in compliance with all applicable ordinances.
(8)
Temporary mobile vendors which market their wares at special events shall be allowed without a mobile vendor's permit for a period not to exceed ten nonconsecutive days per year. Special events shall include, but not be limited to festivals, charity events, carnivals or other recognized and organized public gatherings. (Examples include Jackson Street Jubilee, Riofest, The Birding Festival, carnivals, circuses, etc.) This section shall not affect the required compliance with other sections of this chapter or other ordinances.
(Code 1997, § 159.124; Ordinance 97-35, adopted 7/2/1997)
§ 111-332 Planned development districts.
(a)
A planned development (PD) district is a freestanding zoning district that may be created for the purposes of permitting property to be developed with one or more uses not otherwise permitted by right or special use in the zoning district in which the property is located, subject to the ordinance and site plan creating the PD zone.
(b)
The quality level of a planned development shall, in general, be equal to or in excess of that found in projects that would be developed under the base zoning.
(c)
The purpose of the planned development district is to:
(1)
Provide flexibility in planning for development of medium and large-scale developments incorporating a single type of a variety of residential and related uses that are planned and developed as a unit. Such developments may consist of individual lots or may have common building sites;
(2)
Establish a procedure for the development of parcels of land under unified control in order to reduce or eliminate the inflexibility that would otherwise result from strict application of land use standards and procedures designed primarily for individual lots;
(3)
Ensure orderly and thorough planning and review procedures that will result in quality urban design and the creation and improvement of common open space and pedestrian circulation in residential areas;
(4)
Encourage mixed use and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and
(5)
Provide for flexibility in the strict application of certain of the land use regulations, development regulations, and standards found in the base zoning provided that alternative standards do not decrease public safety, impair traffic movement, or result in higher maintenance costs.
(d)
A planned development district may not be used to accomplish the following:
(1)
Require construction of public improvements or the dedication or reservation of land that is not of primary benefit to developments within the district or necessary to mitigate an adverse impact attributable to development within the district, unless compensation is provided as required by law;
(2)
Assign responsibility to the city for enforcement of private deed restrictions or covenants;
(3)
Waive or modify ordinances other than this chapter, chapter 109, or the comprehensive plan; or
(4)
Seek approval of variances from the terms of this chapter or chapter 109.
(e)
The city commission, after public hearing and proper notice to all parties affected and after recommendation from the city planning and zoning commission, may authorize the creation of planned development districts of a designated size of five acres or more, permitting, but not limited to, the following uses: shopping centers.
(1)
Requirements. In establishing a planned development district in accordance with this section, the planning and zoning commission and city commission shall require a comprehensive site plan of the development. Such site plan shall be approved and filed as part of the ordinance prior to the issuance of any building permit in a planned development district. Such required plan and ordinance shall show building footprints, locations, and proposed heights (nonresidential uses only); maximum buildable area or building setbacks (for residential uses); proposed uses; ingress and egress, public or private streets or drives with adequate right-of-way to conform to the thoroughfare plan of the city; sidewalks; utilities; on-site drainage; parking spaces (nonresidential uses only), yards and open spaces; screening walls or fences; and other development and protective requirements considered necessary to create a reasonable transit onto and protection of the adjacent property.
(2)
Amendment to ordinance. Every planned development district shall be approved under the provisions of this section as applicable to the property involved. In approving the planned development district, the city commission may impose conditions relative to the standard of development and such conditions shall be complied with before a certificate of occupancy is issued for the use of the land or any structure which is part of the planned development district and such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.
(Code 1997, § 159.125; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 07-27, adopted 4/18/2007; Ordinance 08-32, adopted 4/16/2008)
§ 111-333 Public improvement district overlay.
(a)
For the purpose of commercial advancement of the downtown district, outdoor display limitations will not be imposed on permitted merchants. This will allow merchants with proper permits as issued by the planning and development department to display regular store merchandise outside the enclosed establishment in the manner authorized by the permit. Such outdoor displays will be limited to the areas of the downtown that have implemented the "public improvement district" designation.
(b)
The process will be overseen by a committee approved by the district's boards. This committee will ensure the highest standards of aesthetic presentation of the downtown area are upheld. They will also ensure, through the permitting process, that the established guidelines and procedures for building occupants/owners to use the right-of-way are maintained in such a manner that will not restrict pedestrian movement.
(c)
Violation of any permit stipulations will be considered a zoning violation and may be enforced with the same penalties and provisions stipulated in this chapter for other such offenses.
(Code 1997, § 159.126; Ordinance 01-28, adopted 3/21/2001)
§ 111-334 Garage/occasional sales regulations.
(a)
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Garage/occasional sale
means and includes the offering for sale of personal and/or household property belonging to or in the possession of the person conducting the sale. Said sales shall include "yard sale," "patio sale," "estate sale," "rummage sale" or other similar casual sale of tangible personal and/or household property, which is advertised by any means whereby the public at large is or can be made aware of such sale.
Person
means individuals, partnerships, voluntary associations and corporations.
Resident
means a person who has a residence within the city limits of Harlingen, Texas.
(b)
Regulations.
(1)
Garage/occasional sales are authorized only in compliance with this section.
(2)
No more than four garage/occasional sales shall be conducted at the same address in any calendar year, and no resident shall conduct more than four garage/occasional sales within a calendar year.
(3)
No garage/occasional sale shall exceed four consecutive calendar days in duration, and at least five business days shall elapse between consecutive garage/occasional sales.
(4)
The following persons or sales shall be exempt from the provisions of this section:
a.
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public officials.
c.
Persons selling or advertising for sale items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
d.
Nonprofit and/or charitable organizations.
(c)
Signage.
(1)
All signs used to advertise the garage/occasional sale must comply with section 38-193.
(2)
All signs used to advertise the garage/occasional sale must not be placed more than three days prior to the sale and must be removed within 12 hours of completion of the sale.
(Code 1997, § 159.127; Ordinance 01-66, adopted 7/18/2001)
§ 111-335 Food truck parks.
(a)
Definitions.
Commissary
means a central preparation facility or other fixed food establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption to mobile, temporary and portable food vendors.
Concert
means a musical performance given in public, typically by several performers or of several separate compositions.
Concession trailer
means a non-self-propelled, non-motorized, readily moveable self-contained food service operation located in a food truck park and selling food or beverages, including prepackaged food, offsite prepared food, and onsite prepared food.
Food truck park
means any parcel of privately-owned land where two of more mobile food trucks or concession trailers congregate on a continuous, regular basis selling food or beverages to the public.
Mobile food truck
means a vehicle-mounted, motorized, self-propelled, self-contained food service operation located in a food truck park and selling food or beverages, including prepackaged food, offsite prepared food, and onsite prepared food.
Texas food establishment rules
means 25 Texas Administrative Code chapter 228, as amended.
(b)
Zoning and location.
(1)
A food truck park shall only be permitted to operate in general retail or industrial districts with an approved special use permit as designated in section 111-62 and section 111-413 of the Code of Ordinances.
(2)
The food truck park shall be located on a properly subdivided lot, or on a tract or parcel of land that qualifies for exemption to city subdivision requirements.
(c)
Food truck parks shall be subject to the following regulations:
(1)
Mobile food truck or concession trailer vendors must operate from an approved commissary or central preparation facility in good standing and as defined in and required by the Texas Food Establishment Rules. An existing food establishment may serve as a commissary if said food establishment is in compliance with city and state rules and regulations. All commissaries shall have approved potable water hookups, approved wastewater drainage facilities, approved grease interceptor hookup(s), and any other accommodations required to ensure compliance with all regulatory codes, including but not limited to the local health authority. The commissary shall comply with all food establishment rules and hold all current licenses and permits as required by the same. Valid copies of the commissary's current licenses and permits used under the food establishment rules and most recent health inspection report must be kept on file with the city. Mobile food vendors shall provide documentation of each visit to or service by the commissary and shall have that documentation immediately available for inspection by the city.
(2)
All mobile food truck or concession trailer workers preparing or handling food and beverage for sale to the public must have a valid food handler's training certificate as required by state law.
(3)
A mobile food truck or concession trailer shall not have a drive through.
(4)
There shall be a minimum of ten linear feet of clearance between all individual mobile food trucks or concession trailers. A site plan showing the layout of the food truck park and the placement of the units must be submitted.
(5)
Mobile food truck or concession trailers are prohibited from using mechanical loud speakers or sound amplifiers for advertising.
(6)
Restroom requirements shall be based on the proposed maximum occupancy for the property as submitted by the applicant in his/her special use permit application.
(7)
The food truck park shall be treated initially as a restaurant under the assumption that more than 50 percent of the total sales will be food related. After 12 months of operation, and every 12 months thereafter, the applicant shall provide a complete audit for the previous one month of operation to verify that more than 50 percent of the total sales are food related. The mentioned audit shall be prepared by a licensed auditor. The city reserves the right to request an audit before the 12-month period. If an audit determines that more than 50 percent of the total sales are not food related the applicant shall apply for an amended special use permit during which the city commission shall require licensed security officers and other conditions as desired.
(8)
Video surveillance of the entire food truck park lot shall be provided with a minimum of 30 days' retention video.
(9)
Adequate lighting to enable clear and unobstructed visibility of food truck park vendors and patrons shall be provided on all entrances and exits of the food truck park area, and along each corner side of the park area including along the sides of any buildings. No light shall be emitted to any surrounding properties.
(10)
Waste receptacle container(s) shall be provided on site as determined by the public works department based on the lot size and the amount of solid waste generated by the mobile food vendors on site.
(11)
Each food truck/trailer shall be located in an all-weather surface (i.e. asphalt or concrete), and in no case shall they be parked on an unimproved surface.
(12)
Any dining areas or outside seating within the food truck park shall be paved with an all-weather surface.
(13)
Mobile food trucks and concession trailers must meet all applicable laws regarding mobile food vendors as described in the International Building Code (IBC) and International Fire Code (IFC), as adopted and amended by the city.
(14)
When required, mobile food trucks and concession trailers must be equipped with commercial mechanical facilities sufficient to provide proper cooking ventilation and fire suppression for eating establishments, as established under the city's adopted building codes. All equipment on the vehicle is to be NSF International (formerly National Sanitation Foundation) approved, American National Standards Institute (ANSI) approved, or of commercial grade.
(15)
Electricity shall be from a generator or permanent connection in a food truck park and the mobile food trucks and concession trailers shall utilize electrical cords in conformance with the National Electrical Code as adopted and amended by the city.
(16)
Must comply with the city's noise ordinance.
(17)
All mobile food truck/trailer vendors shall comply with all other applicable state and local laws applicable to food vendors and handlers.
(Ordinance 2021-07, § I, adopted 2/17/2021)
