(a) The requirements to be met for each conditional use shall be as follows:
(1) Home occupations.
The applicable conditions for home occupations shall include but are not limited to the following:
a. The area used in conducting the home occupation will be clearly secondary to the residential use.
b. One nameplate attached to the building not larger than two square feet is permitted in all districts except R-1 single-family residential district.
c. There shall be no exterior display or alterations indicating that the building is being used for any purpose other than that of a dwelling.
d. There shall be no more than one additional unrelated employee other than immediate members of the family residing on the premises.
e. There shall be no outside storage of materials or products.
f. The permitted use shall not create frequent or heavy traffic, not greater than ten percent of the average load per hour as determined by the traffic safety engineer of the city.
g. No retail sales (items can be delivered).
h. No additions to the residence or accessory buildings specifically to accommodate the business.
i. The business must take place in the primary residential structure on the property rather than in a detached garage or separate accessory building.
j. The activity must take place at the location for which the permit was issued.
(2) Mobile homes:
a. A mobile home for residential purposes only is permitted on a vacant unsubdivided tract of five acres or more.
b. A mobile home for security or office purposes is permitted:
1. Accessory to a permitted use;
2. Provided that there is only one per premises; and
3. It must be related to an existing ongoing business located on that site.
c. The mobile home must be located in such a manner as to have access to a public right-of-way within 200 feet.
d. The mobile home must be connected to an approved water distribution and sewage disposal system.
e. The mobile home must be tied down and meet all other applicable provisions of the mobile home ordinance.
f. There must be provision for garbage and trash collection and disposal.
(3) Portable buildings:
a. The home or building must be located in such a manner as to have access to a public right-of-way within 200 feet.
b. Portable buildings, if approved for occupancy, must have an approved water distribution and sewage disposal system available for its use.
c. There must be a provision for garbage and trash collection and disposal.
(4) Bars, 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 400 feet from the nearest 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 abovementioned 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 abovementioned 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 for parking, especially those in adjacent residential areas, by providing additional onsite parking.
d. The abovementioned 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 abovementioned 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, 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 abovementioned businesses must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
g. The abovementioned 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.
(5) Guesthouses.
Applicable conditions for guesthouses include, but are not limited to:
a. Only one allowed per lot;
b. Must meet setback requirements;
c. Must be on same utilities as primary residence on lot;
d. Lot must be a minimum of 8,000 square feet;
e. There can be no separate driveway or garage for the guesthouse;
f. It must not be rented out; and
g. If money is ever paid for rent or share of utilities, etc., permit will be revoked.
(6) Parking facilities.
The applicable conditions for parking facilities include but are not limited to:
a. Sides adjacent to residentially zoned property are screened by a six-foot opaque fence; and
b. The paved area is landscaped in compliance with the off-street parking and loading ordinance and landscape ordinance.
(7) Produce stands.
The applicable conditions for produce stands include but are not limited to:
a. Must take place in an agricultural, commercial or industrial zoning district;
b. Must take place on a vacant tract of land no smaller than one-half acre with no less than 75 feet of frontage on a public street;
c. Produce may be sold out of one pickup truck or car; and no trucks with a bed longer than 12 feet, trailers, or structures of any kind are permitted;
d. No more than one pickup truck or car may be permitted on a tract at one time;
e. The produce sold must be raised by the vendor;
f. The site must be vacated completely every night;
g. The operation cannot be located on the same site longer than four months out of a year;
h. Proof of ownership of the property or written authorization from the owner must be presented;
i. A new permit must be obtained if the location changes;
j. The pickup truck or car must be parked on private property, not on public right-of-way;
k. The pickup truck or car must be at least 50 feet from the intersection of street right-of-way lines;
l. Ingress and egress of traffic to a produce stand must not unreasonably interfere with flow of traffic on the adjacent streets; and
m. Must be approved by the city health department.
(8) Day care facilities.
The applicable requirements for day care facilities include but are not limited to:
a. Must meet requirements of department of human resources;
b. Must have fenced-in area for outside play of children;
c. Must have paved area adjacent to street for pickup and delivery of children off of street;
d. Area used for day care facilities should be clearly secondary to residential use of structure;
e. Person who applies for permit must reside at location for which permit is applied;
f. There shall be no more than two day care facilities within 600 feet of each other as measured over the shortest distance of street right-of-way between the facilities;
g. No more than one day care facility shall be permitted on a dead-end street or cul-de-sac. That day care facility shall care for no more children than are permitted in a registered family home by the state department of human resources;
h. No day care facilities shall be permitted on a half-street or on a street which has a half-street as a means of access;
i. Day care facilities which care for more than 12 children shall not be permitted in a residential zoning district;
j. No signs are permitted. A one-square-foot nameplate bearing the person's name and occupation may be displayed if attached flat against the wall of the residence;
k. No more than one additional employee that does not reside on the premises is permitted; and
l. If the person operating the day care facility is not the owner of the property, then the application must be signed by the owner or a letter of authorization from the owner must be submitted.
(9) Portable and/or temporary food concession stands.
The applicable conditions for portable and/or temporary food concession stands shall include but are not limited to:
a. Cannot be located in residentially zoned area;
b. Stand must be inspected by building inspection department and meet applicable building codes;
c. Must have paved off-street parking available over and above what is required for the business to which it is adjacent;
d. If it is a portable building or trailer it must be anchored to the ground properly;
e. Must meet setback requirements of the zoning district in which it is located; and
f. Water and sewage disposal facilities must be available and may be required.
(10) Existing railroads and private utilities, including a telephone service:
May continue to be operated and maintained in residential and commercial districts but no new railroad or utility structure other than usual poles, wires and underground utilities shall be established in such a district without a special use permit. A masonry wall shall be required as a buffer if the structure is located within the front or side yard, or adjacent to a residential use or zone.
(11) Personal wireless service facility.
The applicable conditions for a personal wireless service facility include but are not limited to:
a. Maximum height of pole or tower structure of 80 feet within commercial zones or within 200 feet of an existing residential structure;
b. Maximum height of pole or tower structure of 120 feet within industrial zones for measuring distance purposes, the leasehold interest area boundary or compound area boundary, whichever is greater shall be utilized;
c. Only one pole or tower structure-allowed per lot or tract within a commercial or industrial zone;
d. The applicant shall attempt to locate the proposed facility on an existing structure, or base station, as per subsections
k—
m of this section. If collocation of the proposed wireless facility is not possible (as per subsections
k—
m of this section) then the applicant for a personal wireless service facility must submit at least two alternatives designs for antenna and supporting structure, pole or tower design (including the equipment shelter, as per subsection
h, below) that is treated with an architectural material (e.g., "stealth" design) so as to conform to the predominant architectural environment in the area of the facility. Such "stealth" personal wireless service facility shall blend into its proposed surroundings such as a tree, flag pole or other feature, to be approved. When a tree-type stealth design is used, one live and growing tree of the same variety or species one-half the height of the proposed tower shall be planted at the time of installation;
e. Minimum spacing between poles and tower structures within commercial or industrial zones of 1,000 feet measured in a direct line of another tower;
f. Minimum setback of one-half the street right-of-way from front property line, ten feet from side yard and ten feet from rear, unless greater requirements as noted on subdivision plat;
g. A masonry wall shall be required as a buffer if pole or tower structure is located within the front or side yard, or adjacent to a residential use or zone;
h. The transmission equipment structure installed at the base of the proposed tower shall be not greater than 180 square feet and constructed to conform to the predominant architectural environment;
i. A landscaped buffer area to soften the visual impact shall commence along the perimeter of the lease area or the property line. At least one row of shrubs shall be installed as well as trees as appropriate shall be included. Materials shall be of a variety which can be expected to grow to form a continuous hedge at least six feet in height within two years of planting;
j. The pole or tower structure will be constructed or installed with the capabilities of locating thereon additional personal wireless service facilities when tower or pole is greater than 80 feet in height. The applicant agrees to cooperate with other personal wireless service facility providers in collocating additional facilities on permitted support structures;
k. A permittee shall exercise good faith in collocating with other providers and sharing the permitted structure, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether a permittee has exercised good faith in accommodation other users, the city may require a third party technical study at the expense of either or both the applicant and permittee;
l. All conditional use applicants shall demonstrate good-faith, reasonable efforts in developing a collocation alternative for their proposed personal wireless service facility site, which efforts shall be documented to the city and shall include, but not be limited to, providing technical details sufficient to determine co-locations efforts. If the applicant asserts that co-location is not possible, the applicant must provide, in addition to the foregoing, an affidavit in a form provided by the city stating that all efforts to collocate the personal wireless facility at an existing facility have been exhausted and that there is no possibility of co-location on the existing towers;
m. Failure to comply with the collocation requirements of this section may result in the denial of a permit request or revocation of an existing permit;
n. If any applicant provides false or misleading information on their application, or in the application process to obtain a permit for a personal wireless facility, then their application may be denied or revoked at the expense of the applicant or the permittee;
o. If property is leased, term of conditional use permit shall be co-terminus with that term of lease of property;
p. Construction of tower and equipment facilities shall meet applicable building codes and wind loads;
q. Notwithstanding the above conditions, to the extent an applicant is fully qualified as an eligible facilities request under Section 6409, in the event of a conflict between the above conditions in this subsection and those criteria and conditions in section 138-1.A., above, and the 2014 Infrastructure Order, then section 138-1.A., and the 2014 Infrastructure Order control, subject to the city reservation of rights, as set forth in the preface to section
138-1.A.
(12) Transit terminal facilities.
Applicable conditions for transit terminal facilities include, but are not limited to:
a. Transit terminal facility shall be provided access by a street classified as an arterial or major collector with a minimum pavement width of 50 feet;
b. Driveways used for transit vehicle ingress and egress shall have a minimum radius of 20 feet unless a greater radius is required as determined by the city engineer;
c. Traffic control devices may be required as determined by the city engineer;
d. A traffic impact analysis may be required by the city engineer to evaluate needed traffic control and highway capacity improvements;
e. Transit vehicle routes to the terminal facility shall not traverse residential streets with a pavement width less than 44 feet unless designated as a public transit route;
f. Transit vehicles shall not use public right-of-way for loading and unloading or layover parking unless a bus turnout lane is provided. Transit vehicle layover parking shall not utilize or obstruct required off-street parking spaces. Transit vehicle loading and unloading shall be restricted to bus bays or bus turnout lanes;
g. Twelve parking spaces shall be provided for each bus bay;
h. Transit terminal facility shall be accessed by a minimum of two public transit routes with appropriate onsite loading and unloading facilities;
i. Canopies shall be provided for each bus bay to shelter passengers accessing transit vehicles;
j. A minimum of 400 square feet of air conditioned passenger waiting and ticketing area shall be required for each bus bay;
k. A minimum of two male and female bathroom fixtures shall be provided for each bus bay;
l. Separate parking and loading areas shall be provided for automobiles and transit vehicles;
m. Transit vehicle loading areas shall not require passengers to cross driveways or parking areas;
n. A taxi queuing area shall be provided to accommodate a minimum of three taxi spaces. Additional taxi queuing area may be required as determined by the city engineer;
o. Onsite maintenance of transit vehicles shall be limited to interior cleaning and non-mechanical repair;
p. A buffer shall be required along a property line adjacent to a residential use or zone.
(13) Bring your own beverage (BYOB) establishments.
The applicable requirements for BYOB establishments include but are not limited to:
a. An applicant for a BYOB permit, or the applicant's designated agent, must reside within the State of Texas and within 100 miles of the territorial limits of the City of McAllen. The applicant or designated agent must provide their address and sign the application.
b. An applicant for a BYOB permit must not have a conviction for a felony.
c. Each individual who has an ownership interest in, or who will manage or otherwise exercise control over the proposed BYOB establishment must provide their full legal name, address, date of birth, and authorize the city to conduct a criminal background check.
d. For an applicant that is a legal entity and not an individual, the application must include:
1. Documentation from the Texas Secretary of State that demonstrates the entity is authorized to conduct business in Texas;
2. Designation of an individual permit holder that resides in the State of Texas and withing 100 miles of the territorial limits of the City of McAllen, and the address of the residence of such individual;
3. A designated agent, who is a citizen of this state, to represent the entity in matters before the city and its advisory boards and to be responsible for the proper conduct of any activity at the proposed BYOB establishment.
e. If the applicant does not own the property upon which the proposed BYOB establishment is located, a notarized letter of consent from the owner must be submitted with the application.
f. BYOB establishments must comply with all ordinances of the City of McAllen and all laws of the State of Texas.
g. BYOB establishments may not exceed three calls for emergency services within any 90-day period that first responders indicate involve weapons, violent crime, calls categorized as a major disturbance, deadly conduct, a felony offense, or human trafficking related offenses.
h. BYOB establishments shall post the BYOB permit in a prominent public location at the BYOB establishment.
i. A BYOB permit holder shall ensure that the permit holder or designated agent is continuously on the BYOB establishment's premises during the hours operation.
j. BYOB establishments shall close between 2:00 a.m. and 10;00 a.m. each day and shall not permit a person to consume an alcoholic beverage on the premises between 2:15 a.m. and 10:00 a.m. each day.
k. BYOB establishments may not allow a member of the public to remain on its premises, including a parking area, between 2:30 a.m. and 10:00 a.m. each day.
l. BYOB establishments must designate the portions of the premises on which the consumption of alcoholic beverages is permitted and said designated area must exclude parking areas. BYOB establishments shall place signs at every exit from the designated area advising patrons that consumption of alcoholic beverages is not permitted beyond the exit. BYOB establishments shall post signs in each parking area located on the same property at the BYOB establishment stating that the outdoor consumption of an alcoholic beverage on the premises, outside of the designated area, is prohibited.
(b) No form of pollution shall emanate beyond the immediate property line of the permitted use.
(c) The planning and zoning commission may impose additional reasonable restrictions or conditions to carry out the spirit and intent of this section and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks.
(1966 Code, § 32-56; Ordinance 1996-8, § II, adopted 1/22/1996; Ordinance 1996-70, § II, adopted 11/18/1996; Ordinance 1997-78, § I, adopted 9/8/1997; Ordinance 1999-69, § 2, adopted 8/9/1999; Ordinance 2001-84, § 2, adopted 11/26/2001; Ordinance 2003-29, §§ 1, 2, adopted 4/14/2003; Ordinance 2006-43, § 1, adopted 4/10/2006; Ordinance 2015-38, § IV, adopted 5/11/2015; Ordinance 2018-50, § II, adopted 7/9/2018; Ordinance 2022-130, § II, adopted 10/24/2022)