Harlingen City Zoning Code
ARTICLE V
AREA, YARD AND FENCE REGULATIONS
§ 111-118 Area regulations.
Except as hereinafter provided, no building or structure, or part thereof, shall be erected, altered, or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations herein specified for lot area, lot width, lot depth, dwelling unit area, lot coverage and front, side and rear yards.
(1)
Minimum lot area.
a.
Residential.
1.
The minimum residential lot area for the various districts shall be in accordance with the following schedule, except that a lot having less area than herein required which was an official "lot of record" prior to the adoption of the ordinance from which this article is derived may be used for a one-family dwelling and no lot existing at the time of the passage of the ordinance from which this article is derived shall be reduced in area below the minimum requirements set forth herein.
2.
In the following zoning districts the minimum lot area for residential use shall be in accordance with the following schedule:
Zone Designation | Minimum Lot Area (in feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
N | R1 | R2 | RPH | M1 | M2 | MH | PD** | O | NS | GR | LI | HI | |
One-family dwelling | 5 acres | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Two-family dwelling | na | na | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Three/four family dwelling | na | na | na | na | varies | varies | varies | varies | varies | varies | varies | na | na |
Multifamily dwelling | na | na | na | na | na | varies | varies | varies | varies | varies | varies | na | na |
Garden/patio home | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Condominium | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Townhouse | na | 2,500 | 2,500 | 2,500 | 2,500 | 2,500 | varies | 2,500 | 2,500 | 2,500 | 2,500 | na | na |
Mobile home | na | na | na | na | na | na | 2,400 | varies | na | na | na | na | na |
Recreational vehicle | * | * | * | * | * | * | 900 | * | * | * | * | 900 | 900 |
Notes: | |||||||||||||
* | Permitted for storage purpose only; must be off-street. | ||||||||||||
** | Requires site plan approval. | ||||||||||||
b.
Nonresidential.
No minimum area requirement in this division.
(2)
Minimum lot width.
a.
Residential.
1.
The minimum lot width for lots in the various districts used for residential purposes shall be in accordance with the following schedule, except that a lot having less width than herein required which was an official "lot of record" prior to the adoption of the ordinance from which this article is derived may be used as a one-family dwelling and no lot existing at the time of passage of the ordinance from which this article is derived shall be reduced in width below the minimum set forth herein.
2.
In the following zoning districts the minimum lot width for residential uses shall be in accordance with the following schedule:
Zone Designation | Minimum Lot Area (in feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
N | R1 | R2 | RPH | M1 | M2 | MH | PD** | O | NS | GR | LI | HI | |
One-family dwelling | 5 acres | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Two-family dwelling | na | na | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Three/four family dwelling | na | na | na | na | varies | varies | varies | varies | varies | varies | varies | na | na |
Multifamily dwelling | na | na | na | na | na | varies | varies | varies | varies | varies | varies | na | na |
Garden/patio home | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Condominium | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Townhouse | na | 2,500 | 2,500 | 2,500 | 2,500 | 2,500 | varies | 2,500 | 2,500 | 2,500 | 2,500 | na | na |
Mobile home | na | na | na | na | na | na | 2,400 | varies | na | na | na | na | na |
Recreational vehicle | * | * | * | * | * | * | 900 | * | * | * | * | 900 | 900 |
Notes: | |||||||||||||
* | Permitted for storage purpose only; must be off-street. | ||||||||||||
** | Requires site plan approval. | ||||||||||||
b.
Residential.
No minimum requirement in this division.
(3)
Minimum lot depth.
a.
Residential.
1.
The minimum lot depth for the various districts shall be in accordance with the following schedule, except that a lot having less depth than herein required which was an official "lot of record" prior to the adoption of the ordinance from which this article is derived may be used for a one-family dwelling and no lot existing at the time of the passage of the ordinance from which this article is derived shall be reduced in depth below the minimum set forth herein.
2.
In the following zoning districts, the minimum lot depth for residential uses shall be in accordance with the following schedule:
Zone Designation | Minimum Lot Area (in feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
N | R1 | R2 | RPH | M1 | M2 | MH | PD** | O | NS | GR | LI | HI | |
One-family dwelling | 5 acres | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Two-family dwelling | na | na | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Three/four family dwelling | na | na | na | na | varies | varies | varies | varies | varies | varies | varies | na | na |
Multifamily dwelling | na | na | na | na | na | varies | varies | varies | varies | varies | varies | na | na |
Garden/patio home | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Condominium | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Townhouse | na | 2,500 | 2,500 | 2,500 | 2,500 | 2,500 | varies | 2,500 | 2,500 | 2,500 | 2,500 | na | na |
Mobile home | na | na | na | na | na | na | 2,400 | varies | na | na | na | na | na |
Recreational vehicle | * | * | * | * | * | * | 900 | * | * | * | * | 900 | 900 |
Notes: | |||||||||||||
* | Permitted for storage purpose only; must be off-street. | ||||||||||||
** | Requires site plan approval. | ||||||||||||
Zone Designation | Minimum Lot Area (in feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
N | R1 | R2 | RPH | M1 | M2 | MH | PD** | O | NS | GR | LI | HI | |
One-family dwelling | 5 acres | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Two-family dwelling | na | na | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Three/four family dwelling | na | na | na | na | varies | varies | varies | varies | varies | varies | varies | na | na |
Multifamily dwelling | na | na | na | na | na | varies | varies | varies | varies | varies | varies | na | na |
Garden/patio home | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Condominium | na | 6,000 | 6,000 | 4,000 | 6,000 | 6,000 | 6,000 | varies | 6,000 | 6,000 | 6,000 | na | na |
Townhouse | na | 2,500 | 2,500 | 2,500 | 2,500 | 2,500 | varies | 2,500 | 2,500 | 2,500 | 2,500 | na | na |
Mobile home | na | na | na | na | na | na | 2,400 | varies | na | na | na | na | na |
Recreational vehicle | * | * | * | * | * | * | 900 | * | * | * | * | 900 | 900 |
Notes: | |||||||||||||
* | Permitted for storage purpose only; must be off-street. | ||||||||||||
** | Requires site plan approval. | ||||||||||||
b.
Nonresidential.
No minimum requirements in this division.
(4)
Lot coverage.
a.
Residential.
In R-1, R-2 and MH zones, in no case shall more than 60 percent of the total lot area be covered by the combined area of the principal building and all accessory buildings or any other impervious surface such as asphalt and concrete.
b.
Nonresidential.
1.
In M-1 and M-2 zones, in no case shall more than 80 percent of the total lot area be covered by the combined area of the principal building and all accessory buildings or any other impervious surfaces such as asphalt or concrete.
2.
In O and NS zones, in no case shall more than 90 percent of the total lot area be covered by the combined area of the principal building and all accessory buildings or any other impervious surfaces such as asphalt or concrete.
3.
In GR, LI, and HI zones, lot coverage may be up to 100 percent, provided landscaping requirements are met by some means such as planters.
(5)
Lot drainage provisions required.
No roof overhang shall be allowed to discharge water into a neighboring private property. Rain gutters, valley gutters or landscaping shall be required to minimize the effects of erosion from direct drainage of water.
(Code 1997, § 159.045; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 95-37, adopted 7/2/1997; Ordinance 98-57, adopted 11/18/1998; Ordinance 01-16, adopted 2/21/2001; Ordinance 03-31, adopted 5/21/2003; Ordinance 06-27, adopted 4/19/2006)
§ 111-119 Yard setback regulations.
(a)
Front yard.
(1)
Residential and nonresidential.
a.
No building, structure, or use shall hereafter be located, erected, or altered so as to have a smaller front yard than hereinafter required.
b.
In the following zoning districts, the minimum required front yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located, erected or altered so as to have a smaller front yard than hereinafter required:
Zoning Designation | Minimum Required Front Yard (in feet) | ||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
N | R1 | R2 | RPH | M1 | M2 | MH | PD | O | NS | GR | LI | HI | |
Minimum front yard | 50 | 20* | 20* | 10* | 20* | 20* | 10 | varies | na | 20 | na | na | na |
Notes: | |||||||||||||
* | Garage must be set back no less than 20 feet unless said garage is constructed as "side entry" and the appropriate off-street parking area is available between the garage and the property line. | ||||||||||||
1.
Townhouses, when located in R-1, R-2, R-PH, M-1 or M-2 districts, may have a front yard of ten feet, except that no structure may be erected within the sight triangle (if applicable) as indicated in section 111-581.
2.
Garden/patio homes, when located in R-1, R-2, R-PH, M-1 or M-2 districts, may have a front yard of ten feet, except that no structure may be erected within the sight triangle (if applicable) as indicated in section 111-581.
3.
In the O, GR, LI and HI districts, no front yard is required except that no structure may be erected nearer than 30 feet to the centerline of any street upon which such structure fronts or within the sight triangle (if applicable) as indicated in section 111-581.
(2)
Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yards shall comply with the requirement of the most restrictive district for the entire frontage.
(3)
Where a building line has been established by plat or ordinance and such line requires a greater or lesser front yard setback than is prescribed by this article for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat.
(4)
The front yard shall be measured from the property to the front face of the building, covered porch, covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four feet.
(5)
Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.
(6)
If 30 percent or more of the frontage on one side of a street between two intersecting streets in any residential district is improved with buildings prior to the effective date of the ordinance from which this article is derived that have observed an average front yard line with a variation in depth of not more than six feet, then the average front yard so established shall be observed.
(7)
Signs. Signs, where permitted, may be exempt from placement in front yard setbacks if otherwise allowable under this chapter.
(b)
Side yard.
In the following zoned districts, the minimum required side yard shall be in accordance with the following schedule and no building, structure, or use shall hereafter be located so as to have a smaller side yard on each side of such building than therein required.
(1)
Residential zones (N, R-1, R-2).
Five feet is required to be open and unbuilt on each side of a primary structure. The five-foot side setback shall be maintained except in a subdivision established prior to February 2, 1983.
a.
Such previously established subdivisions have side setbacks of three feet on the west and north and seven feet on the east and south. In these instances, the side setbacks shall conform to the established setbacks in the subdivision.
b.
Where a building line has been established by plat or ordinance and such line requires a greater or lesser side yard setback than is prescribed by this article for the district in which the building line is located, the required side yard shall comply with the building line so established by such plat or ordinance.
c.
In the original townsite, for residential lots which are established by plat to be 25 feet wide, the side setbacks shall be set at three feet on the west and north and six feet on the east and south.
(2)
R-PH zones.
a.
Five feet minimum on each side of structure (regardless of housing type);
b.
If a single-family unit, zero setback on one side and a minimum ten-foot setback on the side opposite the zero side; or
c.
If a single duplex unit placed on two lots, zero setback on both sides of the common property line and a minimum ten-foot setback on the sides of both lots opposite the zero side.
In no case shall any residential structure in an R-PH zone be closer than ten feet from any other residential structure.
(3)
Multiple-family zones (M-1, M-2).
Multiple-family buildings shall provide a minimum side yard of ten feet between any building wall and the lot line.
(4)
For nonresidential zones.
None, except that no structure may be erected within the sight triangle (if applicable) as indicated in section 111-581 and as specified in subsection (b)(5) of this section.
(5)
Special.
a.
Overhangs.
Every part of a required side yard shall be open and unobstructed except for accessory buildings as permitted herein and the ordinary projections of window sills, belt courses, cornices, and other architectural features projecting not to exceed 12 inches into the required side yard, and roof eaves projecting not to exceed 36 inches into the required side yard. Shrubs, air conditioners, and fencing shall be permitted in the side yard.
b.
Multiple-family building overhangs and multiple-family building on a corner lot.
On a corner lot, a side yard adjacent to a street for a multiple-family dwelling in excess of two units shall not be less than 15 feet and no balcony or porch of any portion of the building may extend into such required side yard except that a roof may overhang such side yard not to exceed four feet.
c.
Single-family dwellings on a corner lot.
On a corner lot, no residential or nonresidential structure may be erected within the sight triangle as indicated in section 111-581. On a corner lot used for one-family or two-family dwellings there shall be a setback on the side street of ten feet on all lots platted after the effective date of the ordinance from which this article is derived.
d.
Planned developments.
The minimum side yard requirements in a planned development district shall be established on the site plan which shall be made a part of the amending ordinance.
e.
Requirements for district dividing lines between residential and nonresidential districts.
No side yard is specified for nonresidential use in the O, NS, GR, LI, and HI districts except where a commercial, retail, or industrial or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district, in which event a minimum ten-foot side yard shall be provided on the side adjacent to such residential district. However, the owner, developer, renter, and/or user shall provide and permanently and adequately maintain a solid screening fence of redwood and/or cedar, not less than six feet in height in the side yards of the property dividing the district from any residential district listed herein. The requirement of the fence shall be required every time there is a change in occupancy and/or the building is clear to be re-energized. The building must be set back no less than ten feet from such abutting property line, such screen shall set back that distance unless provided otherwise in this article. However, if the screening fence is extended into the front yard, the fence must taper down from a minimum six feet in height to a maximum of 40 inches starting at the more restrictive zone at a three to one ratio. Landscaping may be used in lieu of dividing fence if all plants used for landscape screens are planted in a dense pattern and shall, upon reaching maturity, be not less than six feet in height. Initial landscape height shall be no less than 40 inches. Landscape screening shall be installed at the same time as the building construction.
f.
Townhouses.
Townhouses may have no side yard requirement, except as specified in subsection (b)(5)c of this section.
(c)
Rear yard.
No building or structure shall hereafter be located, erected, or altered to have a rear yard smaller than herein required.
(1)
No main residential building may be constructed nearer than ten feet from the rear property line, except in the R-PH Zone where the minimum rear setback shall be five feet.
(2)
Where a building line has been established by plat or ordinance and such line requires a greater or lesser rear yard setback than is prescribed by this article for the district in which the building line is located, the rear yard shall comply with the building line so established by such plat or ordinance.
(3)
No rear yard setback requirement for O, NS, GR, LI and HI districts; however, the owner and/or developer shall provide and permanently and adequately maintain a solid screening fence not less than six feet in height in the rear yard of the property. The requirement of the fence shall be required every time there is a change in occupancy and/or the building is clear to be re-energized. A minimum rear yard of not less than ten feet shall be provided in O, NS, GR, LI and HI districts, dividing the district from any of the residential districts listed herein.
(4)
Rear yard setback for multiple-family buildings shall be not less than ten feet.
(d)
Special exception for carports.
(1)
The zoning board of adjustment may grant a special exception to the minimum setback requirements for a carport when, in the opinion of the board:
a.
The carport will not have a detrimental impact on surrounding properties.
(2)
In determining whether to grant this special exception, the board shall consider the following factors:
a.
Whether the requested special exception is compatible with the character of the neighborhood.
b.
Whether the value of surrounding properties will be adversely affected.
c.
The suitability of the size and location of the carport
d.
The materials to be used in construction of the carport
(3)
Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.
(4)
If the zoning board of adjustments grants a special exception as provided in this section, the site plan and the minutes of the zoning board of adjustments meeting shall be officially recorded with Cameron County.
(5)
Any special exception granted under this chapter shall run with the land and may be transferred, sold, inherited, bequeathed, or devised.
(6)
A new special exception shall not be required upon any change or transfer in ownership of the underlying tract; a special exception granted to a previous applicant does confer any right to any other individual or corporation to maintain the carport without approval from the zoning board of adjustment.
(7)
No carport for which a special exception has been granted under this subsection shall exceed 400 square feet in size.
(Code 1997, § 159.046; Ordinance 74-36, adopted 11/20/1974; Ordinance of 10/20/1993; Ordinance 97-35, adopted 7/2/1997; Ordinance 01-16, adopted 2/21/2001; Ordinance 03-31, adopted 5/21/2003; Ordinance 07-27, adopted 4/18/2007; Ordinance 2023-48, § I, adopted 11/1/2023)
§ 111-120 Fence regulations.
(a)
Single-family and duplex residential.
Front yard fences extending past the forward most portion of the house structure to the front and side lot property lines may be constructed and maintained under the following terms and conditions:
(1)
Solid face fences, such as solid masonry face fence, shall be restricted to a height of not more than 40 inches above the grade of the yard.
(2)
Ornamental and decorative fence, such as ornamental iron, allowing reasonable through vision and substantially free air flow shall have no height restrictions other than that applicable to permanent structures.
(3)
Solid rear fences are subject to the sight triangle on a corner where a street or alley intersects with another. (See section 111-581.)
(b)
Nonresidential (including triplex, quadruplex and multifamily).
Solid face front yard fences may be maintained at a height of no more than six feet up to lot line providing they do not obstruct traffic view for an approach of at least 15 feet on an approach to a street and ten feet on the approach to an alley. (See section 111-580.)
(Code 1997, § 159.047; Ordinance 97-35, adopted 7/2/1997; Ordinance 00-89, adopted 11/1/2000; Ordinance 03-31, adopted 5/21/2003)
