Mcallen City Zoning Code
CHAPTER 1
General Provisions
§ 1.1.1 Title.
This Chapter is referred to as the "McAllen Unified Development Code" or "UDC."
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.1.2 Purpose.
A.
Purpose. The UDC is adopted to implement the City of McAllen's Comprehensive Plan, promote the public health, safety, morals, and general welfare of the community, and preserve and protect places of historical, cultural, or architectural significance through the coordinated regulation of land use, development, subdivision, infrastructure, signage, and related matters, as authorized by the Texas Constitution and applicable state law.
1.
Zoning Purpose. The zoning regulations contained in this UDC are adopted pursuant to Texas Local Government Code Chapter 211 and are intended to accomplish the purposes set forth in Texas Local Government Code § 211.007 and 211.004, including the regulation of land use, building placement, development intensity, and compatibility of uses.
2.
Non-Zoning Regulatory Purpose. The subdivision regulations, sign regulations, development standards, performance standards, enforcement provisions, and other non-zoning regulations contained in this UDC are adopted pursuant to the City's police powers and applicable statutes other than Texas Local Government Code Chapter 211, and are intended to protect public health, safety, and welfare, ensure orderly development, and provide for the installation and maintenance of public improvements.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.1.3 Applicability.
A.
Generally. This UDC applies to regulations pertaining to the use and development of land; and shall not be construed to extend zoning remedies or appeal rights to regulations adopted under the City's police powers unless expressly authorized by law.
B.
Zoning Regulations. Zoning regulations, including zoning districts, land uses, and development standards, in this UDC apply to all areas within McAllen's corporate limits.
C.
Subdivision Regulations. Subdivision and platting regulations in this UDC apply to all areas within McAllen's corporate limits and extraterritorial jurisdiction (ETJ).
D.
Building Permits.
1.
Any reference to the issuance of building permits by the City applies only to McAllen's corporate limits, unless the property owner has contracted through subdivision plat restrictions, or another legal instrument, to extend the City's authority to issue building permits for construction on its property.
2.
Any reference to the authority of the City to inspect the construction of necessary subdivision improvements apply within the McAllen's corporate limits, unless the property owner so contracted with the City through subdivision plat restrictions, or another legal instrument.
E.
Easements, Covenants, and Private Agreements. This UDC does not interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.1.4 Consistency with Comprehensive Plan.
The City finds that this UDC is consistent with its Comprehensive Plan. The comprehensive plan policies provide guidance in the evaluation of future decisions relevant to municipal planning.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.2.1 Relationship to Other State, Federal, and Local Provisions.
A.
Generally. If this UDC imposes a greater restriction upon the use of buildings or premises or building height or requires larger open spaces than are required by other ordinances, rules, regulations, easements, covenants, or agreements, this UDC governs. In applying this subsection, "restriction" refers to substantive development standards and shall not be construed to incorporate procedural remedies, variance authority, or appeal rights from one statutory scheme into another.
B.
Conflict with State of Federal Regulations. If the provisions of this UDC are inconsistent with state or federal law, the more restrictive provision governs, to the extent allowed by law. The more restrictive provision is the one that imposes more stringent controls.
C.
Conflict with other City Regulations. If the provisions of this UDC are inconsistent with one another or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision governs unless otherwise expressly stated. The more restrictive provision is the one that imposes more stringent controls.
D.
Conflict with Plat Restrictions.
1.
Nothing in this UDC invalidates any plat restriction authorized by the Planning and Zoning Commission or City Commission, nor any provision of adopted building codes.
2.
Building setback lines included in a recorded subdivision plat approved by the Planning and Zoning Commission control over general setback provisions required under the zoning provisions of this UDC.
E.
Conflict with Building Code Requirements.
1.
No building setback shall be less than that specified for the type of construction proposed by adopted building codes.
2.
If the Zoning Board of Adjustment grants a variance to the setback it shall still be subject to adopted building codes.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.2.2 Private Restrictions.
This UDC does not abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. However, if the provisions of this UDC are more restrictive or impose higher standards than any private restriction, the requirements of this UDC control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this UDC, the private restrictions control if properly enforced by a person having the legal right to enforce those restrictions. The City does not enforce private restrictions.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.2.3 Severability.
If any article, division, section, paragraph, clause, phrase, or provision of this UDC is, for any reason, adjudged invalid or held to be unconstitutional, the invalidity or unconstitutionality of that particular article, section, paragraph, subdivision, clause, phrase or provision so declared does not affect the validity or constitutionality of the remaining provisions of this UDC, but the same, and each of them, remain in full force and effect.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.2.4 Repeal of Existing Ordinances.
A.
Repeal. Any ordinance inconsistent with the terms and provisions of this UDC is repealed (Chapter 130 - Signs, Chapter 134 - Subdivisions, Chapter 138 - Zoning). That repeal, however, is only to the extent of any inconsistency. In all other respects, this ordinance is cumulative of other ordinances regulating the same subject matter. The cumulative effect shall not be construed to extend or preserve zoning remedies, variance authority, or appeal rights to regulations that are not zoning regulations under Texas Local Government Code Chapter 211.
B.
Fire Prevention, Health, Sanitation, and Safety. Any inconsistency does not reduce the requirements of those regulations pertaining to fire prevention, health, sanitation or safety of persons or property enacted by the City. If any restriction, prohibition, or provision of this UDC conflict with those provisions or any laws of the State of Texas, or with regulations of State or Federal regulatory bodies having jurisdiction:
1.
If the provision of this UDC is not preempted, the more restrictive restriction, regulation, prohibition, or provision applies, or
2.
If the state or federal law preempts a provision of this UDC, the state or federal law applies.
(Ordinance 2026-16 adopted 2/9/2026)
§ 1.2.5 Effective Date.
This UDC takes effect upon adoption of the ordinance from which it is derived by the City Commission. The provisions of this UDC supersede all other development regulations governing the development of land within the City. All development applications and proposals filed on or after the effective date of the ordinance from which this UDC is derived, whether for new developments or for additions or expansions of existing developments, shall be processed in accordance with the standards and requirements and pursuant to the procedures established in this UDC.
(Ordinance 2026-16 adopted 2/9/2026)
