Harlingen, TX Zoning Ordinance

§ 111-59 Established.

(a)

The city is hereby divided into 13 zoning districts. The use, height, and area regulations in each district, as set out herein, are uniform throughout each district. The 13 districts established herein shall be known as:

Abbreviated Designation	Full Zoning District Designation
N	Not Designated
R-1	Residential, Single-Family
R-2	Residential, Duplex
R-PH	Residential, Patio Home
M—1	Residential, Triplex and Quadruplex
M—2	Residential, Multi-Family
MH	Residential, Mobile Home
PD	Planned Development District
O	Offices - Professional and Business Administration
NS	Neighborhood Services
GR	General Retail
LI	Light Industry
HI	Heavy Industry

(b)

The zoning districts established by this article in order to accomplish the purpose outlined are generally defined as follows:

(1)

Not designated.

Areas not yet zoned and/or newly annexed (subdivided), except only for uses listed in section 111-62.

(2)

Residential, single-family.

Area for development primarily of single-family units, but with special uses as indicated in section 111-62.

(3)

Residential, duplex.

Area for development of duplex-family units on lots no smaller than 6,000 square feet, but with special uses as indicated in section 111-62.

(4)

Residential, patio home.

Area for development of single-family and duplex-family units on lots no smaller than 4,000 square feet, but with special uses as indicated in section 111-62.

(5)

Residential, triplex and quadruplex.

Area for development primarily of multifamily units of four or less, but with special uses as indicated in section 111-62.

(6)

Residential, multifamily.

Area for development primarily of multi-unit apartment buildings in excess of four units, condominiums, and connected townhouses and with specific additional uses indicated in section 111-62.

(7)

Residential, mobile home.

Districts for permanent location and use of mobile homes as single-family dwelling units and with specific additional uses as indicated in section 111-62.

(8)

Planned development district.

Area of a designated and approved size with an all-inclusive plan for development which may include any two or more classes of uses, which shall be filed as part of chapter 111 and shall be developed as outlined in section 111-332.

(9)

Offices; professional and business administration.

Area designed primarily for use as administrative offices and professional offices, and specific additional uses as indicated in section 111-62.

(10)

Neighborhood services.

Area designed to serve the domestic needs of the immediate neighborhood and with specific additional uses indicated in section 111-62.

(11)

General retail.

Area designated for the primary purpose of retail sales and specific additional uses indicated in section 111-62.

(12)

Light industry.

Light manufacturing processes which do not emit detectable dust, odor, smoke, gas, or fumes beyond the bounding property or generate noise or vibration at the boundary of the LI District which is generally perceptible as noise in the adjacent area.

(13)

Heavy industry.

Area used primarily for industry that does not fall into light industry district designation, and which is not prohibited by law.

(Code 1997, § 159.030; 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)

§ 111-60 Zoning map adoption and revisions.

(a)

The boundaries of the zoning districts established herein are and shall be those delineated upon the zoning map, as said map is herewith adopted as part and parcel of this chapter, and as said map is attached to Ordinance No. 97-35 and identified as Appendix F of Ordinance No. 97-35.

(b)

Two original, official, and identical copies of the zoning map are hereby adopted bearing the signature of the mayor and the attestation of the city secretary and shall be filed and maintained as follows:

(1)

One copy shall be filed with the city secretary and retained as the original record and shall not be changed in any manner; and one copy shall be filed with the department of planning and development (and for joint use and information of the planning and zoning commission) and shall be maintained up-to-date by the director of planning and development printing thereon all changes and subsequent amendments thereto, as hereinafter provided for.

(2)

Future ordinances, as hereinafter provided for, providing for changes and amendments in such zoning district boundaries, together with such original map, constitutes that portion of the chapter, from time to time, establishing the boundaries of such zoning districts.

(Code 1997, § 159.031; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)

§ 111-61 Zoning district boundaries.

(a)

The district boundary lines shown on the zoning district map are usually along streets, alleys, property lines, or extensions thereof. Where uncertainty exists as to the boundaries of districts as shown on the official zoning maps, the following rules shall apply.

(b)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(c)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(d)

Boundaries indicated as approximately following city limits shall be construed as following such lot lines.

(e)

Boundaries indicated as following railroad lines shall be construed to be the centerline of the right-of-way, or if no centerline is established, the boundary shall be interpreted to be midway between the right-of-way lines.

(f)

Boundaries indicated as approximately following the centerlines of streams, canals, lakes, drainage ditches or other bodies of water shall be construed to follow such centerlines.

(g)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (f) of this section shall be so construed. Distances not specifically indicated on the original zoning maps shall be determined by the scale of the map.

(h)

Whenever any street, alley, or other public way is vacated by official action of the city commission or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley, or other public way shall be automatically extended to the centerline of such vacated street, alley, or way and all areas so involved shall then and henceforth be subject to all regulations of the extended districts.

(i)

Where physical features on the ground are at variance with information shown on the official zoning district map or when there arises a question as to how or whether a parcel of property is zoned and such question cannot be resolved by the application of subsections (b) through (h) of this section, the property shall be considered N-Not Designated District temporarily in the same manner as provided for newly annexed territory and the issuance of a building permit and the determination of permanent zoning shall be in accordance with the provisions provided in section 111-32 for temporarily zoned areas.

(Code 1997, § 159.032; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997)

§ 111-62 Use chart; allowable uses by zone.

This section contains a chart of permissible land uses by zone. If you want to open a specific type of business look for that use in the uses listed in the left hand column. Once the use is located, follow the line across to the right to determine which zoning designations it is allowed in by right (designated by an "x"), which it is allowed in with a special use permit (designated by an "s"), or if it is not allowed in a zone (no mark present). If you do not find your use listed, check with the department of planning and development, it may be under a general classification category. Similarly, if you own a piece of property and you know what it is zoned, you can determine what uses are allowed by following the column under your zoning category (e.g. R-1, M-2, MH...) to determine which uses are allowed by right or with a special use permit.

Legend
X	Permitted by right	▫	Not allowed
S	Special use permit required	*	Storage purposes only
1	Requires site plan approval	^	Only on tracts 5 acres or more

	Zoning District
	N	R1	R2	M1	M2	MH	PD¹	O	NS	GR	LI	HI	RPH
Residential Uses
One-family dwelling	^	X	X	X	X	X	X¹	X	X	X			x
Two-family dwelling/duplex			X	X	X	X	X¹	X	X	X			x
Three-family dwelling/triplex				X	X	X	X¹	X	X	X
Four-family dwelling/quadruplex				X	X	X	X¹	X	X	X
Multifamily and apartments					X	X	X¹	X	X	X
Mobile home/manufactured homes						X	X¹
Recreational vehicles		*	*	*	*	X	X¹	*	*	*	X	X	*
Garden home/patio homes		S	S	S	X	X	X¹	X	X	X			x
Townhouses		S	S	S	X	X	X¹	X	X	X			s
Condominium		S	S	S	X	X	X¹	X	X	X			s
Institutional and Open Space Uses
Airport	S				S	S	X¹	S	S	S	S	S
Assisted living facility/group home		S	S	X	X		X¹	X	X	X	S		s
Church		X	X	X	X	X	X¹	X	X	X	X	S	x
Community center		S	S	S	S	S	X¹		X	X	X	X	s
Community residential facility				S	S					S	S
Convent		S	S	S	X	X	X¹	X	X	X	X		s
Country club with golf course		X	X	X	X	X	X¹	X	X	X	X	X	x
Kindergarten school		S	S	S	S	S	X¹	X	X	X	S		s
Fairgrounds/exhibition area							X¹	S	S	X	X	X
Farm/ranch/orchard/garden	X	X	X	X	X	X	X¹	X	X	X	X	X	x
Fraternity/sorority/civic lodge					S		X¹	X	X	X	S
Golf driving range							X¹			X	X
Halfway House				S	S					S	S
Hospital					S	S	X¹	X	X	X	S
Nursing home					S	S	X¹	X	X	X	S
Open air business							X¹			S	S	S
Park/playground/golf course	X	X	X	X	X	X	X¹	X	X	X	X	X
School, college or university		S	S	S	S	S	X¹	X	X	X	X		s
School, public, private or parochial		S	S	S	S	S	X¹	X	X	X	X		s
Schools, trade and commercial							X¹			X	X	X
Sober living house		S	S	S	S			S	S	S	S		s
Tennis and/or swim club		S	S	S	S	X	X¹	X	X	X	S		s
Utility/Service Uses
Electrical substation	X				S	S	X¹	X	X	X	X	X
Fire station/police station	S	S	S	S	S	S	X¹	X	X	X	X	X
Radio/TV, or microwave tower					S	S	X¹	S	S	X	X	X
Railroad tracks and R.O.W.	S	S	S	S	S	S	X¹	S	S	S	X	X	s
Sewage pump station	X	S	S	S	S	S	X¹	X	X	X	X	X	s
Solar Farm										S	S	S
Telephone line exchange building					X	X	X¹	X	X	X	X	X
Accessory and Incidental Uses
Accessory buildings		X	X	X	X	X	X¹	X	X	X	X	X	x
Field offices, temporary	X	X	X	X	X	X	X¹	X	X	X	X	X	x
Home occupations		X	X	X	X	X	X¹	X	X	X	X	X	x
Portable building less than 144 square feet		X	X	X	X	X	X¹	S		S	S	S	x
Portable building greater than 144 square feet		S	S	S	S	S	X¹	S		S	S	S	s
Signs/general		X	X	X	X	X	X¹	X	X	X	X	X	x
Signs/billboards							X¹			X	X	X
Signs, business and pole signs						X	X¹	X	X	X	X	X
Storage building less than 144 square feet		X	X	X	X	X	X¹	S		S	S	S	x
Storage building greater than 144 square feet		S	S	S	S	S	X¹	S		S	S	S	s
Swimming pool		X	X	X	X	X	X¹	X	X	X	X	X	x
Automobile and Machinery Type Uses
Auto paint and rebuild							X¹			X	X	X
Auto parking lot	*				S		X¹	X	X	X	X	X
Auto sales and repair							X¹			X	X	X
Carwash							X¹			X	X	X
Drag strip or commercial racing							X¹				X	X
Farm equipment sales							X¹			X	X	X
Gasoline station							X¹	S	X	X	X	X
Heavy machinery, sales and storage							X¹			X	X	X
Mobile home sales							X¹			X	X	X
Mobile home repairs							X¹				X	X
New and used car lot							X¹			X	X	X
New auto parts							X¹			X	X	X
Taxi stand							X¹			X	X	X
Trailer rental/sales							X¹			X	X	X
Truck parking lot							X¹			X	X	X
Towing, wrecked vehicle storage							X¹				X	X
Used auto parts							X¹				X	X
Wrecking and salvage yard							X¹				S	S
Retail and Service Type Uses
Adult business							X¹			S	X	X
Air condition contractor							X¹			X	X	X
Antique shop							X¹	S	X	X	X	X
Auction house, inside							X¹			X	X	X
Auction house, outside							X¹				X	X
Bakery, retail sales							X¹	X	X	X	X	X
Bank, office only							X¹	X	S	X	X	X
Bank, with drive-through window							X¹	S		X	X	X
Bars/lounges							S	S		S	S	S
Beauty shop/barbershop							X¹	X		X	X	X
Bed and breakfast		S	S	S	X		X¹	S	S	X			s
Bowling alley							X¹			X	X	X
Building material sales							X¹			X	X	X
Cabinet or upholstery shop							X¹			X	X	X
Cafeteria							X¹			X	X
Call center							X¹	S		X	X	X
Candy or cake						X¹		X	X	X	X
Carpet cleaning business							X¹			X	X	X
Cleaning, dyeing plant, commercial							X¹				X	X
Cleaning, dyeing and pickup shop							X¹			X	X	X
Commercial amusements, indoor							X¹			X	X	X
Commercial amusements, outdoor							X¹			S	X	X
Contractor, electric							X¹			X	X	X
Contractor/shop, plumbing							X¹			S	X	X
Contractor shop and storage yard							X¹				X	X
Custom personal service shop							X¹	X	X	X	X
Dance/reception							X¹			X	X	X
Dance/reception hall (alcohol permitted)							X¹			S	X	X
Day nursery/day care center (adult or child)							X¹	X	X	X	S
Drapery shop							X¹		X	X	X
Drive-in theater							X¹			S	X	X
Engine/motor repair							X¹			X	X	X
Farmers market		S
Feed store							X¹			X	X	X
Florist/garden shop							X¹	X	X	X	X
Food Truck Park								S	S	S	S	S
Furniture/appliance storage, repair and/or sale (used, outside)							X¹				X	X
Greenhouse or nursery, retail							X¹			X	X	X
Handicraft shop							X¹			X	X	X
Hotel/motel						X	X¹	S		X	X	X
Household appliance service/repair							X¹		X	X	X	X
Job printing							X¹			X	X	X
Laundry plant							X¹			X	X	X
Mini-storage units							X¹			X	X	X
Pet shop							X¹			X	X
Pharmacy							X¹	X	X	X	X
Mortuary							X¹			X	X	X
Neighborhood club		S	S	S	S	S	X¹	S	X	X	X	X	s
Newspaper printing							X¹			X	X	X
Offices, professional/administrative							X¹	X	X	X	X	X
Outdoor music establishment							X¹			S	X	X
RR team track/passenger station							X¹			X	X	X
Recycling center, ferrous							X¹				S	X
Recycling center, non-ferrous							X¹			S	X	X
Restaurant with drive-in service							X¹			X	X	X
Restaurant without drive-in							X¹	S		X	X	X
Retail shops and stores							X¹		S	X	X	X
Scientific and research lab							X¹			S	X	X
Sexually oriented business							S			S	S	S
Stationery/letter/office supplies shop							X¹	X	X	X	X	X
Storage warehouse							X¹			S	X	X
Photography/art/music studio							X¹	X	S	X	X	X
Radio/TV studio							X¹			X	X	X
Tortilla factory							X¹		S	X	X	X
Vet, clinics and kennels							X¹			X	X	X
Welding shop							X¹			X	X	X
Industrial uses
Aboveground petroleum storage tank							X¹			S	X	X
Bulk storage in the open of scrap or used materials							X¹					S
Distribution center							X¹			S	X	X
Light industry manufacturing							X¹			S	X	X

(Code 1997, § 159.033; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 95-37, adopted 7/1/1997; Ordinance 99-66, adopted 10/20/1999; Ordinance 00-89, adopted 11/1/2000; Ordinance 01-16, adopted 2/21/2001; Ordinance 02-39, adopted 5/1/2002; Ordinance 02-50, adopted 6/5/2002; Ordinance 03-31, adopted 5/21/2003; Ordinance 07-27, adopted 4/18/2007; Ordinance 12-14, § I, adopted 3/7/2012; Ordinance 14-3, § I, adopted 2/5/2014; Ordinance 2018-32, § I(Exh. A), adopted 9/5/2018; Ordinance 2021-07, § I, adopted 2/17/2021; Ordinance 2023-43, § I, adopted 10/18/2023)

§ 111-63 Circuses, carnivals and amusements.

(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:

Carnival

means a transient or traveling show temporarily erected for the amusement of those attending, normally consisting of mechanical rides, and normally, but not necessarily, including a combination of two or more of the following attractions: a ferris wheel; a side show; a mechanical merry-go-round; a roller coaster; a game of skill with prizes awarded to winners.

Circus

means a transient or traveling show performed for the amusement of those attending, featuring shows by performers, normally including, but not limited to, clowns, acrobats, jugglers, trapeze artists and trained animals. Any circus in combination with a carnival or containing the attractions as set forth in the definition of a carnival above shall be considered a carnival for the purposes of this chapter and not a circus.

Permanent amusement park

means a permanent place of entertainment containing permanent buildings, permanent and temporary attractions normally associated with carnivals and located within an enclosed area. Such enclosed area may be enclosed by surrounding buildings, or a fence at least 75 percent of which will be a permanent screening fence of masonry or solid redwood or cedar, no less than six feet in height, with the remaining 25 percent of such fence to be of chainlink type, no less than six feet in height.

Residential structure

means a single-family residence, duplex, multifamily residence or mobile home occupied as a residence whether or not zoned for that purpose.

School/church carnival

means a carnival as defined in this subsection, but sponsored and conducted by and exclusively controlled by the public, private, or parochial schools or churches of the city, staffed by teachers and students (or their parents) and operated on the grounds of the school or church involved. Said carnival may consist of a transient or traveling show or be totally originating locally. (These carnivals shall be exempt from the provisions set forth in this article.)

Temporary amusement show or religious activity

means a show other than a carnival or a circus, such as a transient or temporary skating rink or temporary religious revival or service, petting zoo, rock concert or other outdoor musical concert performed by a transient or traveling musical group or band; to be held for a limited time with a fixed or anticipated termination date, whether conducted in a tent structure, rented building, storage building, or an open air space.

(b)

Carnivals, circuses, religious activities or temporary amusements; location restrictions.

(1)

Carnivals, circuses, religious activities or temporary amusements are allowed only in the following zoned areas of the city:

General Retail (GR);

Light Industry (LI);

Heavy Industry (HI); or

Not Designated (N).

(2)

An event may be operated on city owned land under whatever limitations or regulations the city shall impose. These limitations shall be determined individually or on a case by case basis with nothing herein set forth to be construed as requiring the city to make available to any event such city owned property, whether open air or enclosed.

(3)

No portion of such event shall be set up, located, and/or operated within 300 feet of any private residential structure located in a residentially zoned district (R-1, R-2, M-1, M-2, MH) as defined in this article. The city commission may, after a public hearing, make exception to this location restriction where good cause exists, but shall not be bound to do so.

(c)

Parking.

(1)

Carnivals.

Fifteen off-street parking spaces must be provided for each mechanical ride contiguous to the grounds where the carnival is operated.

(2)

Circuses.

One off-street parking place must be provided for each four seats available to view circus acts contiguous to the grounds on which the circus is operated.

(3)

Religious activities or other temporary amusements.

One off-street parking place must be provided for each four seats of seating available or for each 400 square feet of activity area, whichever is greater, contiguous to the grounds on which the event is located.

(d)

Permanent amusement parks.

(1)

Permanent amusement parks in the city shall be prohibited except in the area zoned general retail, light industry, heavy industry.

(2)

Nothing contained in this section shall be construed as an exemption from compliance by such permanent amusement park with any other subdivision requirements, zoning requirements, housing code, building code, or other ordinances of the city, which shall be complied with prior to the utilization of such permanent amusement park by the general public.

(Code 1997, §§ 112.01, 112.05, 112.06, 112.11(A), (D); Ordinance 04-20, adopted 4/7/2004)

§ 111-64 Drilling for hydrocarbons or other minerals restricted.

It shall be unlawful for any person, firm, corporation, individual, partnership, or other legal entity to engage in or permit drilling for the purpose of exploring for, discovering, producing, or injecting hydrocarbons or other minerals on any property within the city, with the exception of property zoned light industry and heavy industry under this article. Any drilling for such purposes shall be unlawful at any location nearer than 400 feet from any residence, commercial building, or other permanent structure intended for human occupancy.

(Code 1973, § 18-8; Code 1997, § 150.005; Ordinance 86-51, adopted 7/1/1986)