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Mcallen City Zoning Code

CHAPTER 3

Uses

§ 3.1.1 Purpose and Applicability.

Table 3.1.3-2 below lists the uses permitted within all zoning districts. All uses are defined in Chapter 10. Approval of a use listed in this article, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in this article and approved under the appropriate process is prohibited.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.1.2 Organization.

The uses allowed in each of the zoning districts established in Table 3.1.3-2 are defined as follows:
A. 
Table Symbology. Table 3.1.3-2 is arranged according to the following symbols established in Table 3.1.2-1.
Table 3.1.2-1: Use Table Symbology
Symbol
Meaning
Description
P
Permitted by Right
A "P" in a zoning district column indicates that a use is permitted by right, provided that it meets any applicable use-specific standards.
These uses are subject to all other applicable regulations of this UDC.
C
Conditional Use Permit Required
A "C" in a zoning district column indicates that a use requires conditional use review and approval by City Commission.
Not Allowed
A blank cell in a zoning district column indicates that a use is not allowed as a primary use or conditional use in the zoning district.
—
Not Required
A "—" in a zoning district column indicates that a minimum parking ratio is not required for a particular use.
B. 
Standards Column. The "Standards" column provides a reference to associated standards for certain uses allowed by right and for conditional uses. Where a blank space is in the column, there is no associated standard. Where there is information in the column, there are associated standards.
C. 
Unlisted Uses. If a proposed use is not specifically listed in Table 3.1.3-2, the Planning Director shall determine whether the use is allowed or not allowed. This determination shall be based upon the similarity in nature and character to one or more uses that are listed in Table 3.1.3-2.
1. 
In making this determination, the Planning Director may consider whether the use has similar visual, traffic, environmental, parking, employment, and other impacts as an expressly listed use.
2. 
The Planning Director may also refer to empirical studies or generally accepted planning or engineering sources (e.g., American Planning Association's publication, "A Planner's Dictionary") in making this determination.
3. 
Unauthorized if prohibited:
a. 
If the Planning Director determines that a proposed use does not fit within a given use type and is not functionally the same as an allowed, accessory, conditional, or temporary use, then the use is a prohibited use.
b. 
The Planning Director's determination may be appealed pursuant to Section 6.1.15.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.1.3 Use Table.

A. 
Applicability. This article shall follow the requirements established in Table 3.1.3-2.
B. 
Use-Specific Standards. Use-specific standards are established in the following sections as provided in Table 3.1.3-1.
Table 3.1.3-1: Use-Specific References
Reference
Description
Section 3.2.2
Residential Use – Specific Regulations
Section 3.2.3
Group Living/Lodging Use – Specific Regulations
Section 3.2.4
Automotive Use – Specific Regulations
Section 3.2.5
Commercial Use – Specific Regulations
Section 3.2.6
Recreation Use – Specific Regulations
Section 3.2.7
Industrial Use – Specific Regulations
Section 3.2.8
Infrastructure Use – Specific Regulations
Section 3.2.9
Agriculture Use – Specific Regulations
C. 
Accessory Uses. Accessory Uses standards are established in Article 3.3.
D. 
Temporary Uses. Temporary Uses standards are established in Article 3.4.
Table 3.1.3-2: Use Table
Key
P = Permitted
C = Conditional Use
Base Zoning Districts
Special Zoning Districts
Use-Specific Standards
Minimum Parking Ratios
Land Use
A-O
R-1
R-2
R-3
C-1
C-2
I-1
I-2
M-1
M-2
C-C
DT
UT
Residential
Industrialized Home (Modular Home)
P
P
P
§ 3.2.2A
2/DU
Live-Work
P
P
P
P
P
§ 3.2.2.B
Manufactured Home
P
P
P
P
Mobile Home
P
Mobile Home Park
C
Multifamily Dwelling (Apartment)
P
P
P
P
§ 3.2.2.C
Townhouse
P
P
P
P
P
P
§ 3.2.2.D
Detached Single-Family Dwelling
P
P
P
P
C
P
P
Duplex
P
P
P
P
Triplex
P
P
P
P
Fourplex
C
P
P
P
P
P
Bungalow Court
P
P
P
P
Courtyard Apartment
C
P
P
P
Multiplex
P
P
P
P
Elderly Living
P
P
P
1/DU
Lodging/Group Living
Bed and Breakfast Facility
C
C
C
C
§ 3.2.3.A
1 + 1/guestroom
Boarding/Rooming House
P
P
P
§ 3.2.3.B
Dormitory
P
C
C
Hotel/Motel
C
P
P
P
C
C
Automotive
Auto Dealership
P
P
§ 3.2.4.A
1/500 SF Showroom/Waiting/Office Area
1/4,000 SF Storage/Display Area
3/bay
Auto Parts Sales
P
P
Heavy Auto Repair
P
P
§ 3.2.4.B
Light Auto Repair
C
P
P
C
C
C
§ 3.2.4.C
Car Wash
C
P
P
P
C
§ 3.2.4D
Service Station
P
P
P
P
§ 3.2.4E
Truck Sales
P
P
Truck Stop and Repair
C
C
P
Commercial
Artist Studio
P
P
P
P
P
1/500 SF
Bar/Night Club (51% sales from alcohol)
C
P
C
P
C
C
§ 3.2.5A
Brewpub
C
P
P
C
P
P
C
Building, Materials, and Landscaping Store
P
P
Indoor Commercial Amusement
P
P
P
P
C
Outdoor Commercial Amusement
P
P
C
C
Convenience Store
P
P
P
P
P
P
§ 3.2.5B
Feed and Farm Supply
P
P
P
Financial Institution
P
P
P
P
P
P
Food Preparation and Sales
P
P
P
P
P
P
P
1/200 SF
Food Truck Park
C
P
P
C
P
§ 3.2.5C
Greenhouse or Nursery
P
P
P
1/500 SF
Grocery Store
P
P
P
P
P
P
§ 3.2.5D
Heavy Equipment Sales and Rental
C
P
P
Kennel
P
C
P
P
P
P
C
Mixed-Use Development
P
P
P
P
P
P
§ 3.2.5E
Office
P
P
P
P
P
P
P
1/500 SF
Pawn Shop/Pay Day Loans
P
P
P
P
C
Personal Services
P
P
P
P
P
P
Portable Building Sales
P
Postal Services
P
P
P
P
P
P
P
Print Shop
P
P
P
Restaurant
P
P
P
P
P
P
§ 3.2.5F
1/200 SF
Retail Store
P
P
P
P
P
P
P
1/500 SF
Radio/Television Studio
C
P
C
C
P
Sexually Oriented Business
C
P
§ 3.2.5G
Taxidermist
P
P
P
Theater
P
P
P
C
C
1/4 Fixed Seats
1/100 SF for unfixed seating
Vaper/Smoke Shop
C
P
P
P
C
C
1/500 SF
Veterinarian Facility
C
P
P
P
P
P
§ 3.2.5H
Recreation
Amphitheater
C
C
C
C
C
1/4 Fixed Seats
1/2,500 SF Outdoor Activity Space
Athletic Field
C
C
C
C
P
P
P
C
C
C
1/2,500 SF Outdoor Activity Space
Public Community Center
C
P
P
P
P
P
P
C
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
Private Community Center
P
P
P
P
P
Country Club
C
C
C
1/500 SF Indoor Space
3/golf hole
Health Club
P
P
P
P
P
P
P
1/500 SF
Race Track
C
C
1/2,500 SF Outdoor Activity Space
Sport Shooting Range
C
P
§ 3.2.6A
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
Park
P
P
P
P
P
P
P
P
P
P
P
2/acre
Public Swimming Pool
P
P
P
P
P
P
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
Public/Institutional
Cemetery
C
C
C
C
C
2/acre
Civic Center
C
P
P
P
P
P
P
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
Civic Club or Lodge
P
P
P
P
P
P
College or University
C
C
C
C
P
P
C
C
C
Approval by Planning Director
Correctional Facility
C
1/1,000 SF
Fairgrounds
C
P
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
Municipal Buildings
C
C
C
C
P
P
P
P
C
P
C
C
Approval by Planning Director
Public Library, Museum, or Art Gallery
C
C
C
P
P
P
P
P
P
1/1,000 SF GFA
Religious Land Use
C
C
C
C
P
P
P
P
P
P
P
P
1/500 SF Indoor Space
1/2,500 SF Outdoor Activity Space
School
C
C
C
C
P
P
P
P
C
C
Elementary/Middle School: 2/1 classroom
High School: 4/1 classroom
Technical School
C
C
C
C
P
P
P
P
P
C
C
1/1,000 SF
Industrial
Brewery/Distillery
P
P
1/1,000 SF
Commercial Cleaning Facility
P
Commercial Kitchen
P
P
P
P
Contractor's Shop and Storage Yard
P
P
Heavy Industrial and Manufacturing
P
Light Industrial and Manufacturing
P
Industrial Park
P
P
1/1,000 SF
Microbrewery
P
P
P
P
P
P
P
Research and Development
C
P
P
C
Salvage Yard
C
P
§ 3.2.7A
Self-Storage (Mini-Warehouse)
P
P
P
C
§ 3.2.7B
Warehouse, Distribution, and Wholesale
P
P
Wholesale Showroom Facility
P
Caretaking Services
Adult Day Services
P
P
P
P
P
P
1/500 SF
Assisted Living Facility
P
P
P
P
P
Chemical Dependency Facility
C
P
Child Care Facility
P
P
P
P
P
P
C
C
Daycare
C
P
P
P
P
P
P
Child Care Home (< 6 Children)
P
P
P
P
Child Care Home (7 to 12 Children)
C
P
P
P
P
Clinic
P
P
P
P
1/500 SF
Community Home for Persons with Disabilities
P
P
P
1/1,000 SF
Crematorium
P
P
2/acre + 1/500 SF Indoor Space
Funeral Services
P
P
2/acre + 1/500 SF Indoor Space
Halfway House
P
P
1/1,000 SF
Medical Care Facility
P
P
1/500 SF
Transportation
Airport
P
P
P
N/A
Bus Terminal
P
P
P
Parking Facility
C
C
P
P
P
P
C
C
P
C
Railroad Station
C
C
C
Railroad Team Track and Right-of-Way
P
P
Transit Station
P
P
P
P
P
P
P
Truck or Motor Freight Terminal
P
Infrastructure
Data Center
C
1/1,000 SF
Electrical Substation
P
C
C
C
C
P
P
P
Gas Metering Station
P
C
C
C
C
C
P
P
Governmental Service Yard
P
P
P
P
Power Plant and Battery Storage Facility
P
P
Eligible Facility (Cell Towers, etc.)
C
C
C
C
C
C
C
C
C
C
C
C
§ 3.2.8A
Recycling Facility
C
C
P
§ 3.2.8B
Solid Waste Facility
P
§ 3.2.8C
Solid Waste Transfer Station
C
P
Telephone Exchange
P
P
Utility Shop
P
P
Agriculture
Agriculture
P
N/A
Agritainment
C
§ 3.2.9A
Feedlot
C
Commercial Stable
P
Accessory Uses
Accessory Building
P
P
P
P
P
P
P
P
P
P
P
P
N/A
Accessory Dwelling Unit
P
P
P
P
P
P
P
§ 3.3.5A
1/DU
Barndominium
P
Carport
P
P
P
P
P
P
P
P
P
P
P
P
N/A (refer to primary use)
Donation and Collection Bin
P
P
P
P
P
P
§ 3.3.5B
Fuel Pump
P
P
P
P
P
P
P
C
C
§ 3.3.5C
Home Occupation with Impact
C
C
C
C
C
C
C
C
§ 3.3.5D
Garage
P
P
P
P
P
P
P
P
P
Outdoor Dining
P
P
P
P
P
P
Retail Ice and Dispensed Water Sales
P
P
P
P
P
P
P
Outdoor Display
C
C
P
P
C
P
C
C
§ 3.3.5E
N/A (refer to primary use)
Outdoor Storage
C
P
P
§ 3.3.5F
Portable Building
P
C
C
P
P
C
C
C
C
Private Stable
P
Private Swimming Pool
P
P
P
P
P
P
P
P
P
P
Service Bay
P
P
P
P
P
P
P
§ 3.3.5G
Transit Stop
P
P
P
P
P
P
P
P
P
P
P
P
Wind Energy Conversion Systems
P
P
P
P
P
P
P
P
P
P
P
P
§ 3.3.5H
Temporary Uses
Batching Plant
P
P
P
P
P
P
P
P
P
P
P
P
N/A
Construction Yard
P
P
P
P
P
P
P
P
P
P
P
P
Field or Sales Office
P
P
P
P
P
P
P
P
P
P
P
P
Flea Market
P
C
C
1/500 SF
Farmer's Market
P
C
P
C
P
§ 3.4.4A
Itinerant Vendor
P
P
P
P
P
P
P
§ 3.4.4B
N/A
Mobile Food Vendor
P
P
P
P
P
P
P
§ 3.4.4C
Pop-Up Market Vendor
P
P
P
P
Seasonal Roadside Stand
P
P
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.1 Purpose.

The purpose of use-specific regulations is to further regulate land uses that may create adverse development impacts.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.2 Residential Use – Specific Regulations.

A. 
Industrialized Home (Modular Home).
1. 
An Industrialized Home (Modular Home) meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction.
2. 
An Industrialized Home (Modular Home) conforms to all applicable zoning regulations for its respective zoning district.
3. 
An Industrialized Home (Modular Home) has a value equal to or greater than the median taxable value for each single-family dwelling located within five hundred (500) feet of the lot on which the dwelling is proposed to be located, as determined by the most recent County certified tax appraisal roll.
4. 
An Industrialized Home (Modular Home) has exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within five hundred (500) feet of the lot on which the dwelling is proposed to be located.
5. 
An Industrialized Home (Modular Home) complies with municipal aesthetic standards, setbacks, subdivision control, landscaping, square footage, and other site requirements applicable to single-family dwellings.
6. 
An Industrialized Home (Modular Home) is securely fixed to a permanent foundation.
7. 
An Industrialized Home (Modular Home) is set on a solid slab structure and/or 18- to 20-inch runners.
B. 
Live-Work Unit.
1. 
The ground or first floor of a Live-Work Unit is reserved for commercial uses, like retail and office uses.
2. 
One story Live-Work units are allowed but the required commercial uses must occur in the front of the unit. The residential space shall be located in the rear of the unit.
C. 
Multifamily Dwelling (Apartment).
1. 
A Multifamily Dwelling (Apartment) shall comply with the regulations established in Section 4.3.4.
2. 
Alleys will be required for multifamily dwelling (apartment) developments as determined by the Development Team.
D. 
Townhouse.
1. 
No Townhouse shall exceed eight (8) units from end unit to end unit.[1]
[1]
This means that any townhouse structure shall not exceed eight (8) attached dwelling units. Each dwelling unit is designed for single-family occupancy on separate platted lots.
2. 
Alleys will be required for townhouse developments as determined by the Development Team.
3. 
Refer to Figure 3.2.2-1 for further clarification regarding townhouse dimensional standards.
Figure 3.2.2-1: Townhouse Dimensional Standards
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.3 Group Living/Lodging Use – Specific Regulations.

A. 
Bed and Breakfast Facility.
1. 
A Bed and Breakfast Facility is owner-occupied and managed at all times.
2. 
The maximum number of rented bedrooms is five (5).
3. 
No cooking facilities are allowed in any of the bedrooms.
4. 
A Bed and Breakfast Facility shall meet all of the minimum requirements of the City-County Health Department and shall conform in all respects to the requirements of the fire code, building code, electrical code and plumbing code.
5. 
A Bed and Breakfast Facility is responsible for the collection of the City hotel/motel tax.
6. 
All City-County Health Officers, Building Inspectors, the Fire Marshal and their assistants and other code enforcement officials of the City shall have the right to go on any premises of a Bed and Breakfast Facility during normal business hours for the purpose of verifying compliance with this subsection and all other applicable ordinances of the City.
B. 
Boarding/Rooming House.
1. 
No more than twelve (12) occupants (including any resident staff and family) shall occupy any Boarding/Rooming House at one time.
2. 
The maximum length of stay for any guest is fourteen (14) consecutive days in any one calendar month.
3. 
No meals shall be provided for guests on the premises.
4. 
A Boarding/Rooming House shall not be located within one thousand (1,000) feet of any other Boarding/Rooming House.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.4 Automotive Use – Specific Regulations.

A. 
Auto Dealership.
1. 
An Auto Dealership shall not be located within one hundred fifty (150) feet of any residential district.
2. 
An Auto Dealership shall not be located within three hundred (300) feet of any other Auto Dealership.
3. 
Inventory spaces shall not count towards the minimum parking requirements.
B. 
Heavy Auto Repair.
1. 
All Heavy Auto Repair activities shall take place within an enclosed space.
2. 
A Heavy Auto Repair facility shall be located one hundred fifty (150) feet from any residential district or school use.
C. 
Light Auto Repair.
1. 
All Light Auto Repair activities shall take place within an enclosed space.
2. 
A Light Auto Repair facility shall be located one hundred fifty (150) feet from any residential district or school use.
D. 
Car Wash.
1. 
Regional Commercial (C-2) and Light Industrial (I-1) Districts.
a. 
A Car Wash shall not be located within one hundred fifty (150) feet of any residential district.
b. 
A Car Wash shall not be located within one half (0.5) mile of any other Car Wash.
c. 
A Car Wash shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m.
d. 
A Car Wash shall only be self-service.
e. 
All bays and overhead doors shall be oriented away from any residential district.
f. 
Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.
2. 
Local Commercial (C-1) and Regional Mixed-Use (M-2) Districts.
a. 
Conditions as in Subsection D.1.a through D.1.f plus a Conditional Use Permit (CUP) is required.
E. 
Service Station.
1. 
A Service Station shall not be located within one hundred (100) feet of any residential district.
2. 
A Service Station including fuel pumps shall meet the following requirements and those regulations established in Section 3.3.5.
3. 
Any fuel pump island or other structure shall meet the zoning district's applicable minimum setbacks.
4. 
Overhead canopies or weather protection structures shall be set back a minimum of ten (10) feet from adjacent property lines or street and highway right-of-way lines.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.5 Commercial Use – Specific Regulations.

A. 
Bar (51% sales from alcohol).
1. 
General Requirements. The following are general requirements applicable to bars, (including but not limited to cocktail lounges, taverns, cantinas, saloons, dancehalls, event centers, discotheques, discos or nightclubs):
a. 
The property line of the lot of any of the abovementioned businesses must be at least 300 feet from the nearest property line of the lot of any residence or residentially zoned property, church, school, or publicly owned property, and must be designed to prevent disruptions of the character of adjacent residential areas, and must not be heard from the residential area after 10:00 p.m.
b. 
The above-mentioned businesses must be as close as possible to a major arterial, and shall not allow the traffic generated by such businesses onto residential streets, or allow such traffic to exit into and disrupt residential areas.
c. 
The above-mentioned businesses must provide parking in accordance with the city off-street parking ordinance as a minimum, and make provisions to prevent use of adjacent streets, businesses, or residences for parking, especially those in adjacent residential areas, by providing additional onsite parking. Upon a business's written request, the City, in its sole discretion, may consider the acceptance of a fee in lieu of strict compliance with the off-street parking requirements.
d. 
The above-mentioned businesses must do everything possible to prevent the unauthorized parking by the patrons of such businesses on adjacent business or residential properties including, when necessary, the installation of fences and hedges, and the reorientation of entrances.
e. 
The above-mentioned businesses should do everything possible and be designed to discourage criminal activities and vandalism, both on the site and on adjacent properties. Included would be provision of sufficient lighting and perimeter fencing, elimination of dark areas, hiring of security personnel, and the orientation of the building such that it provides maximum visibility of as much as possible of the site from a public street.
f. 
The above-mentioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
g. 
The above-mentioned businesses shall restrict the number of persons within the building to those allowed by the Planning and Zoning Commission at the time of permit issuance, after having taken into account the recommendations of the Fire Marshal, Building Official and Director of Planning. This number cannot exceed the number provided for in existing city ordinances.
2. 
Specific Requirements for C-2 and M-2 Zones.
a. 
Adequate lighting: Lighting must be provided at each entrance and exit as well as at the rear of the establishment if adjacent to the alley or on a corner lot.
b. 
Security Personnel: Security personnel must be provided based on the occupancy load provided by the chief Building Official. The total number of security personnel shall be one per every 75 patrons plus one supervising security personnel for every five security personnel required. All security personnel must be present at all times and properly identifiable.
c. 
Security Cameras: The installation of security cameras will be required at each entrance and exit to the establishment plus one additional camera for every 500 square feet of floor area. Dummy cameras are prohibited and signs should be posted that the establishment is under video surveillance. At the City's request the permittee shall install additional video cameras on the exterior of the building. Security cameras must have a minimum retention load of seven days.
d. 
Noise Control: Outdoor amplified music must comply with the McAllen Code of Ordinances, including but not limited Chapter 46, Article V, as it may be amended from time to time. Speakers must be directed towards the establishment and away from surrounding properties.
e. 
Age Verification and Control:
(i) 
Enforce the use of stand-alone age-verification device(s) scanning a Real ID and utilizing supporting tracking software.
(ii) 
Mark all occupants that are under the age of 21 years with UV ink and track the same using blacklight devices throughout the business, including but not limited to point(s) of sale; and
(iii) 
Provide reports related to identity and number of occupants, generated by the age-verification device/system as may be requested by city staff at any time. The reports should be organized by month, and for each day of the month, contain the following information:
(A) 
Scan time.
(B) 
Last name.
(C) 
ID number.
(D) 
State of issuance.
(E) 
Date of birth.
(F) 
Age result (21+/-21).
f. 
Litter Control: Take necessary and reasonable provisions to keep litter to a minimum, and to keep it from blowing onto or being deposited on adjacent streets and properties.
g. 
Maximum Occupancy: Restrict the number of persons within the premises to the maximum occupancy load established by the Building Official.
h. 
Additional requirements: The Planning Director may impose additional requirements or limitations as he deems necessary, in his sole discretion to preserve public safety, health, and general welfare.
i. 
Automatic right of entry is required by code, fire, police and building departments' personnel at any time.
j. 
Deny entry to intoxicated persons into the establishment.
k. 
The establishment must maintain all required TABC licenses.
3. 
Specific Requirements for C-1, C-C, and M-1 Zones. In addition to the requirements outlined above for C-2 and M-2 Zones, the following additional requirements apply:
a. 
Change of ownership: Any change in ownership of an establishment shall cause the conditional use permit to expire, and require an inspection by the Building Official. It shall be a condition of a conditional use permit that the permittee notify the Director of Planning in writing of any change in ownership, and further notify any prospective new owner in writing of the requirement to apply for a conditional use permit in order to operate.
b. 
A copy of the lease agreement.
c. 
Property owner's name and authorization are required on the application.
d. 
Security cameras must have a minimum retention load of 30 days.
B. 
Convenience Store.
1. 
A Convenience Store including fuel pumps shall meet the following requirements and those regulations established in Section 3.3.5.
2. 
Any fuel pump island or other structure shall meet the zoning district's applicable minimum setbacks.
3. 
Overhead canopies or weather protection structures shall be set back a minimum of ten (10) feet from adjacent property lines or street and highway right-of-way lines.
C. 
Food Truck Park.
1. 
Only mobile food vendors that hold a valid permit from the City may be located at a Food Truck Park.
2. 
A Food Truck Park shall not operate within any residential zoning district unless otherwise approved in writing by the Health Director.
3. 
Each mobile food vendor operating within a Food Truck Park must comply with all of the requirements of mobile food vendors contained in Section 54-51 of the Code of Ordinances.
4. 
A Food Truck Park shall not operate between the hours of 2:00 a.m. and 7:00 a.m.
5. 
A Food Truck Park shall provide access to a restroom on or within six hundred (600) feet of the property lines of the tract of land on which it is situated.
6. 
A Food Truck Park shall provide one garbage receptacle, to hold a minimum of thirteen (13) gallons, per vendor located on premises for public use. This requirement is in addition to the receptacles required of each individual vendor.
7. 
A Food Truck Park shall not be placed or parked on unimproved surfaces.
8. 
Adequate lighting, as determined by the Health Director, to enable clear and unobstructed visibility of mobile food vendors and patrons shall be provided at all entrances and exits of the Food Truck Park.
9. 
A Food Truck Park shall provide on-premises parking areas sufficient to accommodate staffing needs and seating areas.
10. 
A Food Truck Park shall provide the following:
a. 
The name, address, phone number and email address of a contact person who shall be available 24 hours per day, seven days per week for the purposes of responding to complaints regarding the operation of the mobile food vendor court and taking remedial action to resolve any such complaints.
b. 
A site plan showing:
(i) 
The land area included within the site, the zoning classification of adjacent sites, and all public and private rights-of-way and easements bounding and intersecting the site;
(ii) 
A legal description of the platted lots of the proposed site and the boundaries thereof;
(iii) 
The location of each proposed permanent structure on the site and pads/proposed locations for mobile vending units, and identification of any proposed outdoor entertainment locations;
(iv) 
The location of fire hydrants;
(v) 
The dimensions and capacities of parking areas and loading areas;
(vi) 
Landscaping of all street frontages;
(vii) 
All pedestrian walks, patios and open areas for use by tenants or the public;
(viii) 
The location, size, and height of all lighting and signs;
(ix) 
Location and number of provided seating and eating areas, including number of fixed seats and tables; and
(x) 
Location, height, separation of buildings, including location of restrooms, and open space.
c. 
A paid site plan application.
D. 
Grocery Store.
1. 
Local Commercial (C-1) District.
a. 
The maximum size of a Grocery Store is fifteen thousand (15,000) square feet.
b. 
Drive thrus are prohibited.
E. 
Mixed-Use Development.
1. 
No more than fifty percent (50%) of the Mixed-Use Development cumulative building square footage shall consist of dwelling units on the ground floor.
2. 
At least twenty-five percent (25%) of the Mixed-Use Development shall consist of retail, restaurant, or office uses.
F. 
Restaurant (Less than 51% sales from alcohol).
1. 
Local Commercial (C-1) and Local Mixed Use (M-1) Districts.
a. 
A Restaurant with a drive thru is only allowed by CUP.
b. 
Drive thrus with individual service speakers shall not be permitted within one hundred fifty (150) feet of any residential district unless the speaker is appropriately screened by a sound abatement system.
c. 
Stacking spaces shall be provided within a stacking lane to access the drive thru.
d. 
An additional lane (escape lane) shall be provided to provide access around the drive thru facility. An escape lane may be part of a circulation aisle.
e. 
The minimum stacking lane is required as per the Access Management Policy.
f. 
Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.
2. 
Regional Commercial (C-2) District.
a. 
Drive thrus:
(i) 
Drive thrus are allowed.
(ii) 
Drive thrus with individual service speakers shall not be permitted within one hundred fifty (150) feet of any residential district unless the speaker is appropriately screened by a sound abatement system.
(iii) 
Stacking spaces shall be provided within a stacking lane to access the drive thru.
(iv) 
An additional lane (escape lane) shall be provided to provide access around the drive thru facility. An escape lane may be part of a circulation aisle.
(v) 
The minimum stacking lane is required as per the Access Management Policy.
b. 
Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.
3. 
City Core (C-C) District:
a. 
No drive thrus are allowed.
b. 
Accessory outdoor customer seating/dining areas are allowed if they meet the applicable district's dimensional standards.
G. 
Sexually Oriented Business.
1. 
A Sexually Oriented Business shall meet the requirements established in Chapter 54, Article VI – Sexually Oriented Business Regulation.
H. 
Veterinarian Facility.
1. 
Local Commercial (C-1) District.
a. 
A Veterinarian Facility shall not be located within one hundred (100) feet of any residential district.
b. 
No outside runs are allowed.
2. 
All Other Zoning Districts.
a. 
A Veterinarian Facility shall not be located within two hundred fifty (250) feet of any residential district.
b. 
Outside runs are allowed.
c. 
Outside runs shall be operated only with an attendant present on the premises twenty-four (24) hours a day.
d. 
At a minimum, the animals shall be enclosed within a six-foot (6') fence or wall to restrain animals from running at-large.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.6 Recreation Use – Specific Regulations.

A. 
Sport Shooting Range.
1. 
A Sport Shooting Range shall only be allowed in an enclosed building.
2. 
A Sport Shooting Range must be located at least:
a. 
One thousand (1,000) feet from any Public/Institutional use.
b. 
One thousand (1,000) feet from any residential use.
3. 
Firearm shooting lanes must be designed in an orientation where projectiles are fired away from public roadways.
4. 
The applicant shall provide written documentation that the proposed target backstops conform to the standards for indoor ranges per the Environmental Protection Agency (EPA).
5. 
A Sport Shooting Range shall meet all Federal and State regulations regulating firearms and any associated facilities.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.7 Industrial Use – Specific Regulations.

A. 
Salvage Yard.
1. 
A Salvage Yard shall be located at least one thousand (1,000) feet from any residential use or district.
2. 
No hazardous wastes or hazardous materials shall be accepted or deposited at any salvage yard, except as incidental to the salvage operation.
3. 
Salvage operations shall be conducted to remove hazardous wastes and materials and dispose of them according to state and federal requirements.
4. 
Service trucks for the purpose of loading and unloading materials and equipment or removing wastes shall be restricted to the hours between 7:00 a.m. and 9:00 p.m.
5. 
Screening shall be provided for all disabled or damaged vehicles, tools, and equipment.
6. 
Screening for disabled or damaged vehicles, tools, and equipment shall be constructed from concrete or masonry and be at least six (6) feet tall.
7. 
No screening wall shall exceed twelve (12) feet tall.
8. 
In no instance shall any disabled or damaged vehicles, tools, or equipment be stacked higher than the required concrete or masonry screening wall.
9. 
Must meet all TCEQ and other applicable regulations.
B. 
Self-Storage (Mini-Warehouse).
1. 
Access.
a. 
The Self-Storage (Mini-Warehouse) shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials.
b. 
A Self-Storage (Mini-Warehouse) shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access.
2. 
Storage.
a. 
A Self-Storage (Mini-Warehouse) unit shall not be used for the storage of explosives, ammunition, hazardous, or flammable materials.
b. 
Self-Storage (Mini-Warehouse) units shall be used solely for the purpose of storage of goods and possessions and shall not be used for operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit.
c. 
No outdoor storage is permitted in the M-2 zoning district.
d. 
Outdoor storage may be allowed within the C-2 and I-1 zoning district in approved on-site areas for vehicles and recreational equipment if they are covered by an awning or canopy structure and in operable condition. The storage of inoperable vehicles and recreational equipment shall constitute as junk and shall not be allowed in a Self-Storage (Mini-Warehouse) facility. Any outdoor storage visible from the street must be screened.
3. 
Accessory Office.
a. 
The Self-Storage (Mini-Warehouse) may include an accessory on-site office.
b. 
An office shall not exceed more than five thousand (5,000) square feet.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.8 Infrastructure Use – Specific Regulations.

A. 
Eligible Facility. These definitions and related Section 6409 procedures only apply to the City to the extent the FCC's Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd 12865 (2014), ("2014 Infrastructure Order") preempts existing City procedures and to the extent the 2014 Infrastructure Order is effective as federal law.[1]
The City expressly reserves its rights to revise or repeal any or all of these definitions and related Section 6409 procedures to the extent the 2014 Infrastructure Order is interpreted, modified, revised or enjoined on any appeal or reconsideration in a manner inconsistent with the definitions in or procedure in this Subsection.
1. 
Eligible Facilities Request (Section 6409) Definitions. For the purposes of a personal wireless facilities siting permit under Section 6409(a),[2] as interpreted by the Federal Communications Commission's ("FCC") in the 2014 Infrastructure Order, which is asserted to be a qualified application for a Section 6409 eligible facilities request,[3] the following defined terms shall be used:
a. 
Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in subsection a(i), below or any equipment associated with a tower. Base station includes, without limitation:
(i) 
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(ii) 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems ("DAS") and small-cell networks).
(iii) 
Any structure other than a tower that, at the time the relevant application is filed with the City, supports or houses equipment described in subsection a(i) and subsection a(ii), above, that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
The term does not include any structure that, at the time the relevant application is filed with the City, does not support or house equipment described in subsections a(i) and a(ii).
b. 
Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.[4]
[4]
Note—The FCC has clarified that "collocation" includes the first placement of transmission equipment on a wireless tower or base station (as a base station, by definition, already has a wireless device on it). See 2014 Infrastructure Order § 179.
c. 
Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(i) 
Collocation of new transmission equipment;
(ii) 
Removal of transmission equipment; or
(iii) 
Replacement of transmission equipment.
d. 
Eligible Support Structure. Any tower or base station, as defined in these Section 6409 Definitions, provided that it is existing at the time the relevant application is filed with the City.
e. 
Existing. A constructed tower or base station is existing for purposes of Section 6409 if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and reviewed because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of Section 6409.
f. 
Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.
g. 
Substantial Change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) 
For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater;[5]
[5]
Note—Changes in height should be measured from the original support structure in cases where deployments are or shall be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act, Feb. 22, 2012. 47 CFR § 1.40001(b)(7)(i)(A).
(ii) 
For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
(iii) 
For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) 
It entails any excavation or deployment outside the current site;
(v) 
It would defeat the concealment elements of the eligible support structure; or
(vi) 
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in subsection 1.g, above.
h. 
Transmission Equipment. Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
i. 
Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
[2]
Note—Middle Class Tax Relief and Job Creation Act of 2012, 112 Pub. L. 96, [Feb. 22, 2012] ("Spectrum Act"), Section 6409 codified at 47 U.S.C. § 1455. ("Section 6409").
[3]
Note—Section 6409 eligible facility request means the applicant has met all the Section 6409(a) criteria, as set forth in the 2014 Infrastructure Order.
2. 
Eligible Facilities Request (Section 6409) Application Review.[6]
a. 
Application. The City shall prepare and make publicly available an application form which shall be limited to the information necessary for the City to consider whether an application is a qualified eligible facilities request. The application may not require the applicant to demonstrate a need or business case for the proposed modification.
b. 
Type of Review. Upon receipt of self-described application for an eligible facilities request, the designated City department shall review such application to determine whether the application qualifies as a Section 6409 eligible facility request, in accordance with the 2014 Infrastructure Order.
c. 
Timeframe for Review. Within sixty (60) days of the date on which an applicant submits an application seeking approval, the City shall approve the application unless it determines that the application is not a qualified Section 6409 eligible facilities request.
d. 
Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the City and the applicant, or in cases where the City determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
(i) 
To toll the timeframe for incompleteness, the City must provide written notice to the applicant within thirty (30) days of receipt of the application, specifically delineating all missing documents or information required in the application.
(ii) 
The timeframe for review begins running again when the applicant makes a supplemental submission in response to the City's notice of incompleteness.
(iii) 
Following a supplemental submission, the City shall notify the applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in subsection 2.d(ii). Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
e. 
Failure to Act. In the event the City fails to approve or deny a request seeking approval of an eligible facilities request within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the City in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.[7]
[7]
Note—If the city does not act on the application and the application is "deemed granted," that deemed grant shall not be construed to include any granted variance, or other previously or currently required zoning condition, except as to height, width, excavation and cabinets, but only to the extent allowed by the 2014 Infrastructure Order. The deemed grant shall not extend to any other required zoning requirement or constitute as city consent to waive any prior imposed conditions. The deemed grant shall not be deemed a waiver of any of the requirements for information required of owners of the property site in the application, as to either privately owned property or city-owned public property or city-controlled public property, as set forth in the application. The deemed grant shall not be deemed as consent or a grant or license by the city for the applicant to use or occupy any publicly owned or controlled public property, or as a waiver for the city to require consent or a grant or license by the city to use or occupy any publicly owned or controlled public property.
f. 
Remedies. Applicants and the City may bring claims related to Section 6409(a) to any court of competent jurisdiction.
g. 
Interaction with Section 332(c)(7).[8] If the City determines that the applicant's request is not a Section 6409 eligible facilities request, the presumptively reasonable timeframe under Section 332(c)(7), as prescribed by the FCC's Shot Clock order,[9] as interpreted by the 2014 Infrastructure Order,[10] shall begin to run from the issuance of the City's decision that the application is not an eligible facilities request. To the extent such information is necessary, as determined by the City, the City may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
[8]
Note—47 U.S.C. § 332(c)(7).
[9]
Note—In re: Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, 24 FCC Rcd 13994 (2009) ("Shot Clock Ruling").
[10]
Note—Set out in 2014 Infrastructure Order §§ 258—260.
[6]
Note—The 2014 Infrastructure Order rules are effective April 8, 2015, except following portions of the Section 6409, (a) FCC rules requiring Office of Management and Budget (OMB) approval before they are effective: 47 C.F.R. §§ 1.40001(c)(3)(i) [30-day time line from date of application filing for city to provide notice of incompleteness and request for supplemental information to toll the 60 days "shot clock"]; 1.40001(c)(3)(iii) [City ten-day review of supplemental information, and subsequent request to submit information to further toll the "shot clock"]; and 1.40001(c)(4) [60-day failure to act "deemed granted"]. The link to the FCC's OMB approval request is: FR Notice. As of April 16, 2015 there has not been a federal register FCC notice of OMB approval. Until there has been OMB approval those identical requirements, deadlines to act, and procedural requirements or limitations, as they are set forth in this section 3.2.8, are not effective.
3. 
Application for a Personal Wireless Service Facility.
a. 
The applicant for a personal wireless service facilities site shall complete the application, and any addendum to the application, provided by the Planning and Zoning Department. The application must be completed for all personal wireless service facilities sites, both for those sites which require a conditional use permit and for those sites that meet the then current zoning criteria.
b. 
The application may be revised from time to time, as reasonably determined by the Planning and Zoning Department to be consistent with state and federal law.[11]
[11]
Note—47 U.S.C. § 332(c)(7), imposes several restrictions on local authority concerning "the placement, construction and modification of personal wireless service facilities," while otherwise preserving municipal regulatory and zoning authority. Section 6409 also imposes certain restrictions on the city. The application assist the city in determining the applicability of 47 U.S.C. § 332(c) and Section 6409.
4. 
Exemptions. These regulations do not apply to a building, other structure or land under the control, administration or jurisdiction of state or federal agencies.
[1]
Note—The 2014 Infrastructure Order rules are effective April 8, 2015, except following portions of the Section 6409, (a) FCC rules requiring Office of Management and Budget (OMB) approval before they are effective: 47 C.F.R. §§ 1.40001(c)(3)(i) [30-day time line from date of application filing for city to provide notice of incompleteness and request for supplemental information to toll the 60 days "shot clock"]; 1.40001 (c)(3)(iii) [City ten-day review of supplemental information, and subsequent request to submit information to further toll the "shot clock"]; and 1.40001(c)(4) [60-day failure to act "deemed granted"]. The link to the FCC's OMB approval request is: FR Notice. As of April 16, 2015 there has not been a federal register FCC notice of OMB approval. Until there has been OMB approval those identical requirements, deadlines to act, and procedural requirements or limitations, as they are set forth in this section 138-1.A., (b) are not effective.
B. 
Recycling Facility.
1. 
A Recycling Facility shall comply with all applicable Hidalgo County, State of Texas, and Federal regulations and permit requirements prior to approval.
2. 
A Recycling Facility shall be located at least one thousand (1,000) feet from any residential use or district.
3. 
A Recycling Facility shall be located on at least ten (10) acres.
4. 
A minimum continuous 6-foot opaque buffer shall screen the use from all sides.
C. 
Solid Waste Facility.
1. 
A Solid Waste Facility shall comply with all applicable Hidalgo County, State of Texas, and Federal regulations and permit requirements prior to approval.
2. 
A Solid Waste Facility shall be located at least one thousand (1,000) feet from any residential use or district.
3. 
A Solid Waste Facility shall be located on at least ten (10) acres.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.2.9 Agriculture Use – Specific Regulations.

A. 
Agritainment.
1. 
Noise shall not exceed seventy (70) decibels at the property boundaries.
2. 
An Agritainment use shall provide sanitary and waste services for participants and spectators.
3. 
An Agritainment use shall provide paved emergency medical services and fire lanes as part of the facility's operations.
4. 
The fire lane shall be at least twenty-eight (28) foot wide.
5. 
Adequate parking spaces shall be provided as determined by the Planning Director.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.3.1 Purpose.

This article authorizes the establishment of accessory uses and buildings that are incidental and customarily subordinate to principal uses. An accessory use is "incidental and customarily subordinate" to a principal use if it complies with the standards established in this article. All principal uses allowed in a zoning district shall be deemed to include those accessory uses, buildings, and activities typically associated with the use, unless specifically prohibited in this article.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.3.2 Approval Procedure.

A. 
Generally. Any of the accessory uses identified in this article may be allowed as accessory to an authorized principal use provided that:
1. 
The proposed accessory use is allowed as a principal or accessory use in the base district where proposed; and
2. 
The proposed accessory use or building is consistent with the general and specific standards for accessory uses in this article.
B. 
Simultaneously with a Principal Use. Accessory uses or buildings may be reviewed as part of review of an associated principal use. In cases where the principal use is subject to a Conditional Use Permit, an accessory use may only be authorized in accordance with an approved Conditional Use Permit.
C. 
Subsequent to a Principal Use.
1. 
Unless exempted, a building permit shall be required in cases where an accessory use or building is proposed subsequent to a principal use.
2. 
In cases where the principal use is subject to a Conditional Use Permit, an accessory use may only be authorized in accordance with the provisions in Chapter 6.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.3.3 Interpretation of Unidentified Accessory Uses.

The Planning Director shall evaluate applications for accessory uses that are not identified in this article on a case-by-case basis, based on the following standards:
A. 
The definition of "accessory use" in Chapter 10, and the general accessory use standards and limitations established in this article;
B. 
The purpose and intent of the base districts in which the accessory use is located;
C. 
Potential adverse effects the accessory use or building may have on other lots, compared with other accessory uses permitted in the district; and
D. 
The compatibility of the accessory use with other principal and accessory uses permitted in the district.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.3.4 General Standards for all Accessory Uses.

All accessory uses and buildings shall be subject to the general standards in this section, as well as any applicable supplemental standards in section 3.3.5 and all standards applicable to the associated principal use as set forth in Chapter 3.
Figure 3.3.4-1: Accessory Structure Dimensional Illustration
A. 
Size. All accessory uses shall:
1. 
Be clearly subordinate in area, extent, and purpose to the principal use or structure; and
2. 
Not violate the bulk, density, parking, landscaping, or open space standards of this UDC when taken together with the principal use or structure.
3. 
The floor area of any detached accessory building shall not exceed fifty percent (50%) of the floor area of the principal structure. The total combined floor area of all buildings shall not exceed the maximum lot coverage for the zoning district in which it is located. The Planning Director may authorize a building to exceed this percentage if the building is used as a guest house, or is used for animal production or crop production associated with an agricultural use.
B. 
Function. All accessory uses shall directly serve the principal use or building, and be accessory and clearly incidental to the principal use or building.
C. 
Timing. Accessory uses shall not be constructed or established prior to the start of construction of the principal use or building. An accessory building shall not be used until the construction of the primary building is complete.
D. 
Height. Accessory buildings shall be limited to a maximum height of eighteen (18) feet unless exempted from the height requirements in this UDC. For accessory buildings located over detached garages, the maximum height shall be twenty-five (25) feet.
E. 
Location.
1. 
Accessory uses or buildings shall be located on the same lot as the principal use or building.
2. 
Accessory buildings shall not be located within platted or recorded easements.
3. 
Accessory buildings shall be set back at least five (5) feet from any side and ten (10) feet from any rear property line.
4. 
Accessory buildings shall be set back at least five (5) feet from the principal use or building on all sides.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.3.5 Accessory Use – Specific Regulations.

A. 
Accessory Dwelling Unit.
1. 
A Detached Accessory Dwelling Unit shall only be located in the rear of a lot.
2. 
Only one Accessory Dwelling Unit is allowed on a lot.
3. 
An Accessory Dwelling Unit must comply with the required setbacks of the zoning district in which the unit is located.
4. 
An Accessory Dwelling Unit must comply with the zoning district's height requirements.
5. 
An Accessory Dwelling Unit must not exceed the height and/or the size of the primary dwelling.
6. 
An Accessory Dwelling Unit must connect utilities to those of the primary dwelling.
7. 
The property owner must occupy the principal dwelling or Accessory Dwelling Unit as the owner's permanent residence.
8. 
An Accessory Dwelling Unit must comply with the requirements established in Table 3.3.5-1.
Table 3.3.5-1: ADU Requirement Matrix
ADU Requirement Matrix
Primary Use on Lot
ADU Type Allowed
Minimum Lot Size
(square feet)
Minimum ADU Size
(square feet)
Maximum ADU Size
(square feet)
Detached
Attached
To Primary Dwelling
To Above Garage
Detached Single-Family Dwelling
Yes
Yes
Yes
None
450
650 (for lots smaller than 6,500 s.f.)
No maximum for lots greater than 6,500 s.f.
Townhouse
No
No
Yes
5,000
450
500
Duplex
Yes
No
Yes
9,000
450
900
Triplex
Yes
No
Yes
12,000
450
700
Fourplex
Yes
No
Yes
12,000
450
600
Multiplex
Yes
No
Yes
13,500
450
500
B. 
Donation and Collection Bin.
1. 
A Donation and Collection Bin shall meet all required zoning district setbacks.
2. 
A Donation and Collection Bin may be located in parking spaces as long as the required parking minimums are met.
3. 
For any single Donation and Collection Bin, the maximum:
a. 
Size is forty (40) square feet.
b. 
Height is five (5) feet.
4. 
The maximum total for all Donation and Collection Bins on a lot is fifty (50) square feet.
C. 
Fuel Pumps.
1. 
A fuel pump shall not be located within one hundred fifty (150) feet of a residential district.
D. 
Home Occupation.
1. 
The use of the residential dwelling for the Home Occupation shall be clearly incidental and subordinate to its use for residential purposes and shall never exceed 40% of the total of the floor area of the residential dwelling.
2. 
The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.
3. 
There shall be no mechanical equipment used or operations that create or make dust, odor, vibration, noise, or other effects detectable at the property line of the property in which the Home Occupation is located.
4. 
There shall be no products sold on the premises except artist's originals or products individually made to order on the premises, or as part of electronic commerce. Products that are not artist's originals or individually made to order may be constructed on site, using equipment normally found in a residence; however, these products may only be sold at a permitted commercial location.
5. 
There shall be no display of products produced by occupants of the dwelling that are visible in any manner from the outside of the dwelling unit.
6. 
The use shall not generate vehicular traffic beyond that which is normal in a residential district.
7. 
There shall be no storage of material, products, or supplies out of doors.
8. 
Visitors and customers shall not exceed those normally and reasonably occurring for a residence, including no more than two (2) at any given time.
E. 
Outdoor Display.
1. 
Outdoor Display shall be designated on an approved site plan.
2. 
Outdoor Display is limited to five percent (5%) of the total lot area or twenty percent (20%) of the primary building's gross floor area, whichever is more restrictive.
3. 
Outdoor Display shall be placed within ten (10) feet of the front facade of the primary building and shall not exceed four (4) feet in height.
4. 
If the items are placed on a sidewalk or other pedestrian area, a 6-foot wide pedestrian path must be maintained through and adjacent to the Outdoor Display area. The pedestrian path must be concrete or asphalt and may not be located within off-street parking areas, including parking spaces, fire lanes, easements, maneuvering aisles, customer pick-up lanes, and loading zones.
5. 
The temporary storage of merchandise for display and sale during a sidewalk sale shall not be prohibited. A 4-foot wide clearance shall be provided along the public sidewalk and a 6-foot clearance shall be provided on the sidewalk around the building.
F. 
Outdoor Storage.
1. 
Outdoor Storage shall be designated on an approved site plan.
2. 
Outdoor Storage shall not be placed:
a. 
Within any required setbacks;
b. 
Within parking spaces, fire lanes, easements, maneuvering aisles, or loading areas;
c. 
On the roof of any structure;
d. 
To exceed the required screening height; and
e. 
At the front of any primary building.
3. 
Outdoor Storage is limited to five percent (5%) of the total lot area or twenty percent (20%) of the primary building's gross floor area, whichever is more restrictive.
4. 
Outdoor Storage items shall be stored on a paved surface, and associated access and maneuvering drives shall be constructed of a paved surface, except for in the A-O, I-1, and I-2 zoning districts where items, may be placed on a gravel, dirt, or grass surface or similar permeable surface.
G. 
Service Bays.
1. 
All service bays within one hundred fifty (150) feet of a residential district shall face away from adjacent residential districts unless separated by a building or permanent architectural feature that functions to screen at least to a height matching the height of the service bays.
2. 
Service bays shall orient away from street frontage.
H. 
Wind Energy Conversion Systems.
1. 
Purpose. In order to balance the need for clean, renewable energy resources with the protection of the health, safety and welfare of the community, the purpose of this section is to regulate private use wind energy conversion systems for the production of electricity for use on a lot.
2. 
Standards. All wind energy conversion systems are subject to and must comply with the following provisions:
a. 
Setbacks. Minimum setbacks for wind turbines shall be:
(i) 
A minimum of 1.1 times the total extended height of the wind turbine – as measured from average ground level of the lot to the uppermost part of the wind turbine – from the project property lines.
(ii) 
Guy wire anchors may not extend closer than ten (10) feet from any property line.
b. 
Number per Lot or Parcel. A maximum of two wind turbines per lot or parcel is permitted on lots or parcels less than one-half acre in size; a maximum of four wind turbines per acre are permitted on lots or parcels at least one-half acre in size.
c. 
Height. Subject to the above-referenced setback requirements, the maximum total extended height of tower-mounted wind energy conversion systems – as measured from average ground level of the lot to the uppermost part of the wind turbine – is thirty-five (35) feet on parcels less than five (5) acres exceed ten (10) feet above the roof ridge and in no case be higher than thirty-five (35) feet.
d. 
Lighting. Wind system towers shall not be artificially lighted unless required, in writing, by the FAA or other applicable authority that regulates air safety. Where the FAA requires lighting, the lighting shall be the lowest intensity allowable under FAA regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground; and no strobe lighting shall be permitted, unless expressly required by the FAA.
e. 
Access. All tower-mounted wind energy conversion systems must comply with the following provisions:
(i) 
The tower shall be designed and installed so that there shall be no exterior step bolts or a ladder on the tower readily accessible to the public for a minimum height of twelve (12) feet above the ground. For lattice or guyed towers, sheets of metal or wood or other barrier shall be fastened to the bottom tower section such that it cannot readily be climbed; and
(ii) 
All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
f. 
Rotor Safety. All wind turbines shall comply with the following rotor safety requirements.
(i) 
Each wind turbine shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut off switch shall be included with the installation.
(ii) 
The minimum distance between the ground and any protruding blades utilized on a private wind turbine shall be ten (10) feet as measured at the lowest point of the arc of the blades.
(iii) 
All blades of a wind turbine are required to be within a shroud.
g. 
Noise. All wind turbines shall comply with these noise requirements and restrictions. These levels may not be exceeded at any time, including short-term events such as utility outages and severe wind storms. A manufacturer's sound report shall be required with a building permit application.
(i) 
No wind energy conversion system or combination of wind energy conversion systems on a single lot or parcel shall create noise that exceeds a maximum of thirty-five (35) decibels (dBA) at any property line where the property on which the wind energy conversion system(s) is located or the abutting property is less than one (1) acre; or, a maximum of fifty (50) decibels (dBA) at any other property line. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods.
(ii) 
Any wind energy conversion system(s) exceeding these levels shall immediately cease operation upon notification by the Building Official and may not resume operation until the noise levels have been reduced and verified by an independent third-party inspector, approved by the Building Official, at the property owner's expense. Upon review and acceptance of the third-party noise level report, the Building Official shall allow operation of the affected wind energy conversion system(s). Wind energy conversion system(s) unable to comply with these noise level restrictions shall be shut down immediately and removed upon notification by the Building Official, after a period established by the Building Official.
h. 
Aesthetics and Maintenance.
(i) 
Appearance. Wind turbines, unless subject to any applicable standards of the FAA, shall be a non-obtrusive color such as tan, sand, gray, black or similar colors. The painting or coating shall be kept in good repair for the life of the wind turbine. In addition, any changes to the approved color shall result in notification by the Building Official that the affected wind turbine(s) shall cease operation until a color correction has been made. If the affected wind turbine(s) are not repainted, using an approved color, within the period established by the Building Official, the owner shall remove the affected wind energy conversion system(s).
(ii) 
Electrical Wires. All electrical wires leading from the tower to electrical control facilities shall be located underground.
(iii) 
Maintenance. Wind turbines shall be maintained in good repair, as recommended by the manufacturer's scheduled maintenance or industry standards.
i. 
Signs. Only one sign is allowed on the wind turbine and it shall not exceed one square foot in size.
j. 
Compliance with FAA Regulations. All wind turbines shall comply with applicable FAA regulations, including any necessary approvals for installations.
k. 
Certified Safe. A Texas professional engineer sealed drawing or statement shall accompany a building permit application confirming that the wind energy conversion system(s) has been designed and is planned to be constructed in accordance with accepted industry standards and certified safe.
3. 
Repair and Removal of Wind Turbines.
a. 
Any wind turbine found to be unsafe by the Building Official or fire department shall immediately cease operation upon notification by the Building Official or fire department and shall be repaired by the owner to meet federal, state, and local safety standards or be removed within six (6) months. Wind turbines that are not operated for a continuous period of twelve (12) months shall be removed by the owner of the wind turbine.
b. 
When a wind turbine is removed from a site, all associated and ancillary equipment, batteries, devices, structures or support(s) for that system shall also be removed. For the purposes of this section, non-operation shall be deemed to include, but shall not be limited to, the blades of the wind turbine remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the wind turbine is no longer connected to the public utility electricity distribution system.
4. 
Mounting of Wind Turbines. Attachment of the wind turbine, including any support or structural components, to any building or structure shall be in strict compliance with building codes and fire codes. Galvanized steel or metal is the acceptable system for the support structures.
5. 
Compliance with Regulations.
a. 
All wind energy conversion systems shall comply with applicable fire codes and building codes.
b. 
All standards and regulations under this subsection and other applicable fire and building codes are mandatory. Once wind turbines are permitted, the owners have the option of compliance with the standards or discontinuation of operations. If the operation of the wind turbine(s) does not comply with the provisions of this section, the operator shall promptly take all measures necessary to comply with these regulations, including, but not limited to, discontinued operation of one or more wind turbines.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.4.1 Purpose.

This article allows for the establishment of certain temporary uses of limited duration and special events, provided that such uses comply with the standards in this article and are discontinued upon the expiration of a set time period.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.4.2 Approval Procedure.

Any use listed in this article may be permitted as a temporary use provided:
A. 
Where indicated in Table 3.1.3-2; and
B. 
The proposed temporary use is consistent with the general and specific standards for temporary uses and structures in this article.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.4.3 General Standards for all Temporary Uses.

All temporary uses or structures shall meet the following general requirements, unless otherwise specified in this UDC:
A. 
The temporary use or structure shall not be detrimental to property or improvements in the surrounding area, or to the public health, safety, or general welfare.
B. 
The temporary use shall comply with all applicable general and specific regulations of this article, unless otherwise expressly stated.
C. 
Permanent alterations to the site are prohibited.
D. 
All temporary signs associated with the temporary use or structure shall be properly permitted and removed when the activity ends or permit expires, whichever occurs first.
E. 
Temporary permits for construction yards, field offices, and batching plants and conditional use permits or variances regulating temporary buildings shall be issued for a period of time not to exceed eighteen (18) months. Temporary permits for Itinerant Vendors and Seasonal Roadside Stands shall be issued for a period of time not to exceed forty-five (45) calendar days. Extensions may be granted by the City Commission. Upon due notice and hearing before the City Commission, any such permit may be revoked if the City Commission finds the use of the building or structure is contrary to the intent of this UDC or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard.
F. 
The temporary use or structure shall not violate any applicable conditions of approval that apply to a principal use on the site.
G. 
The temporary use regulations of this article do not exempt the applicant or operator from any other required permits, such as health or building permits.
H. 
If the property is undeveloped, it shall contain sufficient land area to allow the temporary use or structure to occur, as well as any parking and traffic circulation as required that may be associated with the temporary use, without disturbing sensitive or protected resources, including required buffers, 100-year floodplains, river protection setbacks, and required landscaping. At the conclusion of the temporary use or at expiration of the permit, whichever occurs first, all disturbed areas of the site shall be restored or improved to the condition that existed prior to the use.
I. 
If the property is developed, the temporary use shall be located in an area that is not actively used by an existing approved principal use, and that would support the proposed temporary use without encroaching or creating a negative impact on existing buffers, open space, landscaping, traffic movements, pedestrian circulation, or parking space availability.
J. 
Tents and other temporary structures shall be located so as not to interfere with the normal operations of any permanent use located on the property, shall be anchored, and meet the requirements of the code, including fire rating, if needed.
K. 
Off-street parking shall be adequate to accommodate the proposed temporary use.
(Ordinance 2026-16 adopted 2/9/2026)

§ 3.4.4 Temporary Use – Specific Regulations.

A. 
Farmers Market. Farmers Markets shall be permitted by right on all publicly owned properties in all zoning districts.
B. 
Itinerant Vendors. Itinerant Vendors shall comply with the regulations established in Chapter 78 of the Code of Ordinances.
C. 
Mobile Food Vendor. Mobile Food Vendors shall comply with the regulations established in Chapter 78 and Section 54-51 of the Code of Ordinances.
D. 
Pop-Up Market.
1. 
Pop-Up Market requires a special permit where it is unlawful to operate a pop-up market:
a. 
Without a valid pop-up market permit; or
b. 
In violation of any provision of a pop-up market permit, this article, or any other applicable city ordinance or other law.
2. 
A one-time permit fee shall be charged at the time of issuing the permit.
3. 
The permit fee amount shall be determined by the total number of vendors present at the pop-up market.
4. 
Permit fees are nonrefundable and shall be set by the City Commission.
5. 
A permit issued pursuant to this subsection shall not be issued for more than one pop-up market per calendar month for each specific address listed.
6. 
A Pop-Up Market shall not operate after 9:00 p.m. nor shall any pop-up market operate for more than twelve (12) hours in any twenty-four (24) hour period.
7. 
If a proposed pop-up market location is within any multi-tenant plaza, then an applicant must first obtain written consent of approval from at least 75% of all owners of that plaza before a permit is issued.
8. 
While the main use of any designated plaza or location is open for business, no more than twenty-five percent (25%) of the total parking lot may be used for purposes of a pop-up market. At all other times, no more than one-third (33.3%) of the total parking lot may be used for purposes of a pop-up market.
9. 
All tents, stalls, and merchandise must be immediately removed from the property upon expiration of the pop-up market's permitted operating hours. at the end of the pop-up market designated time period.
10. 
Issuance of a permit under the provisions of this subsection does not waive or satisfy the requirement to obtain any other permit, zoning, or other license that may be required under the McAllen Code of Ordinances or applicable federal and state laws or regulations.
11. 
The City Manager shall have the authority to immediately revoke or suspend a permit issued under this subsection if:
a. 
The applicant or permit holder has violated or failed to meet any of the provisions of this article for issuance of the permit;
b. 
The applicant or permit holder has violated of failed to meet any of the conditions of the permit;
c. 
Any required licenses have been suspended, revoked, or canceled;
d. 
The permittee has violated any federal, state, or city law or regulation;
e. 
The chief of the police department or the chief of the fire department has determined that the pop-up market would pose a serious threat to the public health, safety, or welfare; or
f. 
The applicant has made a false statement of material fact on an application for a pop-up market permit.
(Ordinance 2026-16 adopted 2/9/2026)