Mcallen City Zoning Code
ARTICLE V
DISTRICTS
§ 138-141 Purposes.
The purpose of the use districts described in this article is to group together into districts those uses that are reasonably compatible with one another according to their normal characteristics of operation, so as to:
(a)
Permit, in connection with these uses, those customary and necessary accessory activities which are incidental to the principal use;
(b)
Permit certain other uses which may be established in some situations and subject to specific conditions so that such special uses will also be compatible with the uses allowed as a matter of right;
(c)
Promote orderly, timely, economical growth and recognize current land use conditions;
(d)
Provide sufficient space in appropriate locations for development to meet the present and future growth needs of the city, with allowance for a diversity of sites;
(e)
Protect use areas, as far as possible, against heavy and unnecessary through traffic;
(f)
Protect use areas against pollution, environmental hazards and other objectionable influences;
(g)
Protect use areas against congestion, as far as possible, by managing the density of population in and around them; by providing for proper parking spaces; and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment;
(h)
Provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures;
(i)
Promote the most appropriate use of land and direction of building development which is not in conflict with the adopted policies of the city; to promote stability of development; to protect the character of the districts; to conserve the value of land and buildings; and to protect the city's tax base;
(j)
Promote the most efficient use of city facilities and services;
(k)
Protect against fire and explosions and other safety hazards;
(l)
Accommodate use activities and operations whose external physical effects are restricted to the area of the district, and in no manner affect in a detrimental way any of the surrounding districts; and
(m)
Provide for fire protection and access by fire equipment and vehicles.
(1966 Code, § 32-31)
§ 138-142 District regulations.
All property within the city shall be located within one of the districts described in this article, and shall meet and conform to all requirements of such districts and shall meet the performance standards set forth in the environmental standards, chapter 46 of this Code, adopted by the board of commissioners of the city. Except where indicated otherwise, the uses permitted in each district shall be limited to those specifically enumerated for such district.
(1966 Code, § 32-32)
§ 138-143 Newly annexed land.
(a)
Proposed annexations.
The planning and zoning commission shall hold a hearing on all proposed annexation, and shall, at the same time, hold a hearing upon the zoning that is to be given to the area or tract to be annexed, and make a recommendation on these matters to the board of commissioners so that the board of commissioners can act on the matter of annexation and zoning at the same time.
(b)
Subsequent to annexation, the new land shall be zoned by the board of commissioners for a land use not in conflict with the adopted policy of the board of commissioners.
(1966 Code, § 32-33)
§ 138-144 Accessory use conditions.
Any use may be established as an accessory use to any permitted principal use in any district provided that such accessory use:
(a)
Is customarily incident to and maintained and operated as a part of the principal use, as determined by the director of planning;
(b)
Is not hazardous to and does not impair the use or enjoyment of nearby property in greater degree than the principal use with which it is associated, as determined by the director of planning;
(c)
Does not add to levels of noise, odor, vibration and lighting, or degrees of traffic congestion, dust or pollutants, in a greater amount than that customarily created by the principal use, as determined by the director of planning; and
(d)
Is not located within the minimum exterior yard restriction of the use district.
(1966 Code, § 32-34)
§ 138-145 Establishment of districts and map.
The city is hereby divided into districts, as shown on the official zoning map. The districts and their boundaries shall be as shown upon the map referred hereto and made a part of this chapter, such map being designated the "official zoning map." Such map and all notations, references and other information shown thereon shall be a part of this chapter. If, in accordance with the provisions of this chapter, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall:
(a)
Be entered on the map promptly after the amendment has been approved by the board of commissioners;
(b)
Include the date of official action and a brief description of the nature of the change; and
(c)
Be signed by the mayor and attested to by the city secretary. No amendment to this chapter which involves matters portrayed on the official zoning map shall become effective until after such change and entry have been made on such map.
(1966 Code, § 32-28; Ordinance 2022-127, § I, adopted 10/10/2022)
§ 138-146 Boundaries, official zoning map.
The location and boundaries of the districts established in this article are shown upon the official zoning map, which is hereby adopted and incorporated into and made a part of this chapter. All districts, areas, notations, references and other information shown upon the official zoning map are hereby made a part of this chapter.
(1966 Code, § 32-29)
§ 138-147 Determination of boundaries.
In determining the location of zoning district boundaries on the official zoning map, the following rules shall apply:
(a)
Where district boundaries are indicated as approximately following lot lines, alleys, street or highway right-of-way lines, or extensions of such lines, such lines shall be construed to be boundary lines of the district.
(b)
Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of rights-of-way of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale on the zoning map.
(c)
Where district boundaries are shown on undivided property, the location shall be determined by the scale shown on the map unless dimensions are given on the map or in the provisions of this chapter governing the zone.
(d)
Where physical features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered within the text of this article, the director of planning shall interpret the district boundaries.
(1966 Code, § 32-30)
§ 138-148 Official zoning map.
(a)
An official zoning map of the city shall be kept in the planning department at a location which is open and available to the public.
(b)
It shall be the duty of the planning director to keep the official zoning map and the current copies thereof as provided in this article, by entering on such maps any changes which the board of commissioners may from time to time order by amendments to this chapter and zoning map.
(c)
The city secretary shall affix a certificate identifying the map as the official zoning map of the city.
(1966 Code, § 32-3; Ordinance 2022-127, § II, adopted 10/10/2022)
§ 138-149 Violations and penalties.
Any person who shall violate, participate or acquiesce in the violation of any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building in violation of any detailed statement or plan required to be submitted and approved thereunder shall for each and every violation or noncompliance be deemed guilty of a misdemeanor and shall, upon conviction, be punished as prescribed in section 1-14.
(1966 Code, § 32-7)
§ 138-150 Other remedies.
The penalty provided in section 138-149 should not be construed as exclusive, and the city hereby provides that any other remedy available to it in the enforcement of this chapter, in law or in equity, is not intended to be, and is not, foreclosed by the provision of such penalty.
(1966 Code, § 32-8)
§ 138-151 Enumerated.
The following are the use districts for the city:
A-O Agricultural and Open Space District |
R-1 Single-Family Residential District |
R-2 Duplex-Fourplex Residential District R-3A Multifamily Residential District |
R-3C Condominium Residential District R-3T Townhouse Residential District |
R-4 Mobile Home and Modular Home District C-1 Office Building District |
C-2 Neighborhood Commercial District C-3 General Business District |
C-4 Commercial Industrial District I-1 Light Industrial District |
I-2 Heavy Industrial District |
(1966 Code, § 32-35)
§ 138-161 Purpose.
The A-O agricultural and open space district is designed to promote orderly, timely, economical growth and to recognize current land use conditions. It is a reserved area in which the future growth of the city might occur. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable.
(1966 Code, § 32-36(1))
§ 138-162 Permitted uses.
The uses permitted in the A-O agricultural and open space districts are as follows:
(a)
Farming, ranching, related activities and accessory uses.
(b)
One single-family dwelling or one mobile home on parcels of five acres or more.
(c)
Maids' quarters.
(d)
Portable buildings or storage buildings used as an accessory to the primary use and not for living quarters.
(e)
Signs in accordance with applicable ordinances.
(1966 Code, § 32-36(2); Ordinance 1996-8, § III, adopted 1/22/1996)
§ 138-163 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the A-O agricultural and open space district are as follows:
(a)
Institutional uses.
(d)
A mobile home used in conjunction with a use in section 138-162(1).
(e)
Broadcast towers and personal wireless service facilities.
(f)
Outdoor commercial recreation, excluding drive-in theaters.
(g)
Extraction activities.
(i)
Facilities for railroads or those utilities holding a franchise with the city.
(j)
Nurseries.
(k)
Parking facilities associated with uses permitted within R3-A, R3-C, C-1, C-2 or C-3 zoning districts that meet applicable conditions in section 138-118(a)(6), (b) and (c).
(l)
Airports and accessory or related uses, including private landing strips, for general aviation purposes and crop dusting.
(1966 Code, § 32-36(3); Ordinance 1996-8, § III, adopted 1/22/1996; Ordinance 1996-70, § III, adopted 11/18/1996)
§ 138-164 Prohibited uses.
The uses prohibited in the A-O agricultural and open space district are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(1966 Code, § 32-36(4))
§ 138-176 Purpose.
The R-1 single-family residential district is established for the following purposes:
(a)
To provide sufficient space in appropriate locations for residential development to meet the present and future housing needs of the city, with allowance for a diversity of sites.
(b)
To protect residential areas against pollution, environmental hazards and other objectionable influences.
(c)
To protect residential areas, as far as possible, against heavy and through traffic.
(d)
To protect residential areas against congestion, as far as possible, by managing the density of population in and around them; by providing for off-street parking spaces; and by providing open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.
(e)
To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.
(f)
To promote the most desirable use of land and direction of building development not in conflict with the adopted policies of the city; to promote stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(g)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-37(1))
§ 138-177 Permitted uses.
The uses permitted in the R-1 single-family residential district are as follows:
(a)
One single-family dwelling per lot, and accessory uses.
(b)
Maids' quarters.
(c)
Public and private directional signs, official signs, political signs or real estate signs.
(d)
Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.
(e)
Parking facilities associated with uses permitted within R-1, R-2 or R3-T zoning districts that meet applicable conditions in section 138-118(a)(6), (b) and (c).
(1966 Code, § 32-37(2); Ordinance 1996-8, § IV, adopted 1/22/1996)
§ 138-178 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the R-1 single-family residential districts are as follows:
(a)
Associated recreation.
(d)
Institutional uses.
(e)
Parking facilities associated with uses permitted within R3-A, R3-C, C-1, C-2 or C-3 zoning districts that meet applicable conditions in section 138-118(a)(6), (b) and (c).
(f)
Planned unit developments, excluding industrial uses.
(g)
Railroad facilities or utilities holding a franchise with the city.
(1966 Code, § 32-37(3); Ordinance 1996-8, § IV, adopted 1/22/1996)
§ 138-179 Prohibited uses.
The uses prohibited in the R-1 single-family residential district are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(b)
On-and off-premises signs, portable signs except for exempt political signs, animated or illuminated signs.
(c)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required in section 138-356.
(d)
Nameplates.
(e)
Broadcast towers and personal wireless service facilities.
(f)
Parking of any road tractor, semi-trailer or truck, as such terms are defined in section 102-201 of this Code of Ordinances, except as may be allowed by section 102-202. This prohibition is applicable to any new or existing single family residence notwithstanding section 138-86(1) regarding the date of the subdivision in which the residence is located, the date of annexation of the property on which the residence is located, or the fact that it was not per se unlawful to park or allow the proscribed vehicle to be parked on the property prior to the date this prohibition was adopted by the city commission. In the prosecution of any violation of this subsection there shall be a rebuttable presumption that the owner and/or occupant of the property where the proscribed vehicle is parked either parked the vehicle or allowed the vehicle to be parked there.
(1966 Code, § 32-37(4); Ordinance 1996-70, § IV, adopted 11/18/1996; Ordinance 2004-15, § 6, adopted 2/9/2004; Ordinance 2007-16, § 1, adopted 2/26/2007)
§ 138-191 Purpose.
The R-2 duplex-fourplex residential district is established to provide adequate space and site diversification for the following purposes:
(a)
To provide adequate space and site diversification for medium-density residential development where adequate streets and other community facilities are available for present and future needs.
(b)
To protect residential areas against pollution, environmental hazards and other objectionable influences.
(c)
To protect residential areas, as far as possible, against heavy traffic.
(d)
To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.
(e)
To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.
(f)
To promote the most desirable use of land and direction of building development, not in conflict with the adopted policies of the city; to promote stability of development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(g)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-38(1))
§ 138-192 Permitted uses.
The uses permitted in the R-2 duplex-fourplex residential districts are as follows:
(a)
All uses listed as permitted uses in the R-1 single-family residential district.
(b)
Duplexes-fourplexes.
(c)
Duplex-fourplex townhouses.
(d)
Duplex-fourplex condominiums.
(e)
Parking facilities associated with uses permitted within R-1, R-2, R3-T, R3-A or R3-C zoning districts that meet applicable conditions in section 138-118(a)(6), (b) and (c).
(f)
All signs permitted in the R-1 single-family residential district, and nameplates.
(1966 Code, § 32-38(2))
§ 138-193 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the R-2 duplex-fourplex residential districts are as follows: All uses listed as conditional uses in the R-1 single-family residential district.
(1966 Code, § 32-38(3))
§ 138-194 Prohibited uses.
The uses prohibited in the R-2 duplex-fourplex residential districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(b)
On-and off-premises signs, portable signs except for exempt political signs, animated or illuminated signs.
(c)
Any use of property that does not meet the required minimum lot size; front, side or rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required in section 138-356.
(d)
Broadcast towers and personal wireless service facilities.
(e)
Parking of any road tractor, semi-trailer or truck, as such terms are defined in section 102-201 of this Code of Ordinances, except as may be allowed by section 102-202. This prohibition is applicable to any new or existing duplex-fourplex residence notwithstanding section 138-86(1) regarding the date of the subdivision in which the residence is located, the date of annexation of the property on which the residence is located, or the fact that it was not per se unlawful to park or allow the proscribed vehicle to be parked on the property prior to the date this prohibition was adopted by the city commission. In the prosecution of any violation of this subsection there shall be a rebuttable presumption that the owner and/or occupant of the property where the proscribed vehicle is parked either parked the vehicle or allowed the vehicle to be parked there.
(1966 Code, § 32-38(4); Ordinance 1996-70, § V, adopted 11/18/1996; Ordinance 2004-15, § 7, adopted 2/9/2004; Ordinance 2007-16, § 2, adopted 2/26/2007)
§ 138-206 Purpose.
The R-3 multifamily residential district is established for the following purposes:
(a)
To provide adequate space and site diversification for high density residential development in which adequate streets and other community facilities are available for present and future needs.
(b)
To protect residential areas against pollution, environmental hazards and other objectionable influences.
(c)
To protect residential areas, as far as possible, against heavy traffic.
(d)
To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.
(e)
To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.
(f)
To promote the most desirable use of land and direction of building development, not in conflict with the adopted policies of the city; to promote stability of development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(g)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-39(1))
§ 138-207 Permitted uses.
§ 138-208 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the R-3 multifamily residential districts comprising the R-3A apartment residential, R-3C condominium residential and R-3T townhouse residential districts are as follows:
(a)
All uses listed as conditional uses in the R-1 single-family residential district.
(b)
Boardinghouses, excluding R3-T districts.
(1966 Code, § 32-39(3); Ordinance 1996-8, § V, adopted 1/22/1996)
§ 138-209 Prohibited uses.
The uses prohibited in the R-3 multifamily residential districts, comprising the R-3A apartment residential, R-3C condominium residential and R-3T townhouse residential districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(b)
On-and off-premises signs, portable signs except for exempt political signs, animated or illuminated signs.
(c)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required in section 138-356.
(d)
Broadcast towers and personal wireless service facilities.
(e)
Parking of any road tractor, semi-trailer or truck, as such terms are defined in section 102-201 of this Code of Ordinances, except as may be allowed by section 102-202. This prohibition is applicable to any new or existing multifamily residence notwithstanding section 138-86(1) regarding the date of the subdivision in which the residence is located, the date of annexation of the property on which the residence is located, or the fact that it was not per se unlawful to park or allow the proscribed vehicle to be parked on the property prior to the date this prohibition was adopted by the city commission. In the prosecution of any violation of this subsection there shall be a rebuttable presumption that the owner and/or occupant of the property where the proscribed vehicle is parked either parked the vehicle or allowed the vehicle to be parked there.
(1966 Code, § 32-39(4); Ordinance 1996-70, § VI, adopted 11/18/1996; Ordinance 2004-15, § 8, adopted 2/9/2004; Ordinance 2007-16, § 3, adopted 2/26/2007)
§ 138-210 Site plan required.
(a)
Any owner, builder or developer of a multiple-family, condominium or townhouse dwelling complex of five units or more on a single lot or parcel, or five single-family attached units, shall submit to the planning department for review a site and building plan for the proposed development.
(1)
Location of all structures proposed and existing on the subject property and on adjoining property;
(2)
Landscaping and/or fencing of yards and setback areas and proposed changes;
(3)
Design of ingress and egress;
(4)
Off-street parking and loading facilities;
(5)
Heights of all structures;
(6)
Proposed uses; and
(7)
Location and types of all signs, including lighting and heights.
(b)
The purpose of the site plan review is to:
(1)
Ensure compliance with this chapter, while allowing for design flexibility;
(2)
Assist in the orderly and harmonious development of the city;
(3)
Protect adjacent uses from obstructions to light, air and visibility;
(4)
Provide protection from fire;
(5)
Avoid undue concentrations of population and overcrowding of land; and
(6)
Facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.
(1966 Code, § 32-39(5); Ordinance 2017-07, § I, adopted 1/23/2017)
§ 138-221 Purpose.
The R-4 mobile home and modular home district is established for the following purposes:
(a)
To provide adequate space and site diversification for residential purposes designed to accommodate the peculiarities and design criteria of mobile homes and modular homes;
(b)
To protect against pollution, environmental hazards and other objectionable influences;
(c)
To provide adequate provisions for vehicular and pedestrian circulation;
(d)
To promote housing densities appropriate to and compatible with existing and proposed public support facilities;
(e)
To promote the most desirable use of land and direction of building development; to promote stability of development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(1966 Code, § 32-40(1))
§ 138-222 Permitted uses.
The uses permitted in the R-4 mobile home and modular home districts are as follows:
(a)
One mobile home or modular home per lot or park space approved for a mobile home or modular home.
(b)
One recreational vehicle per lot or park space approved for a recreational vehicle.
(c)
One single-family dwelling per lot in compliance with R-1 single-family residential district requirements in section 138-176 et seq.
(d)
One portable building or storage building not used for living quarters and accessory to the residential use.
(e)
Accessory buildings to mobile home/recreational vehicle parks or subdivisions.
(f)
Associated recreation to mobile home/recreational vehicle parks or subdivisions.
(g)
Commercial facilities designed primarily for the occupants of mobile home/recreational vehicle parks or subdivisions.
(h)
On-premises signs, including illuminated, portable, or animated signs, on lots approved for recreational or commercial facilities in accordance with adopted city ordinances.
(i)
All signs permitted in R-2 duplex-fourplex residential districts.
(1966 Code, § 32-40(2))
§ 138-223 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the R-4 mobile home and modular home district are all the uses listed as conditional uses in the R-1 single-family residential district, excluding associated recreation.
(1966 Code, § 32-40(3); Ordinance 1996-8, § VI, adopted 1/22/1996)
§ 138-224 Prohibited uses.
The uses prohibited in the R-4 mobile home and modular home districts are as follows:
(a)
Any building or land used for other than one or more of the uses specified in this division.
(b)
No more than one mobile home or recreational vehicle may occupy any approved space.
(c)
Off-premises signs.
(d)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum heights, building coverage or density per gross acre as required in section 138-356.
(e)
Broadcast towers and personal wireless service facilities.
(f)
Parking of any road tractor, semi-trailer or truck, as such terms are defined in section 102-201 of this Code of Ordinances, except as may be allowed by section 102-202. This prohibition is applicable to any new or existing mobile home and modular home residence notwithstanding section 138-86(1) regarding the date of the subdivision in which the residence is located, the date of annexation of the property on which the residence is located, or the fact that it was not per se unlawful to park or allow the proscribed vehicle to be parked on the property prior to the date this prohibition was adopted by the city commission. In the prosecution of any violation of this subsection there shall be a rebuttable presumption that the owner and/or occupant of the property where the proscribed vehicle is parked either parked the vehicle or allowed the vehicle to be parked there.
(1966 Code, § 32-40(4); Ordinance 1996-70, § VII, adopted 11/18/1996; Ordinance 2007-16, § 4, adopted 2/26/2007)
§ 138-225 Development requirements.
(a)
A development designed as a mobile home, modular home or recreational vehicle park shall meet all requirements of the mobile home and recreational vehicle park provisions in chapter 122 of this Code and any applicable sections of the subdivision provisions in chapter 134 of this Code. The facility designed for such development shall be for the explicit purpose of renting or leasing of mobile home sites and shall not be construed to permit the sale of such lots.
(b)
A development designed as a mobile home, modular home or recreational vehicle subdivision shall meet all requirements of the subdivision provisions in chapter 134 of this Code and any applicable sections of the mobile home and recreational vehicle park provisions in chapter 122 of this Code. Such subdivision shall have as its major purpose the sales and conveyance of property rights and ownership of individual lots to consumers.
(c)
At no time may an existing mobile home, modular home or recreational vehicle park be converted to a mobile home, modular home or recreational vehicle subdivision without first meeting all the requirements of the subdivision provisions in chapter 134 of this Code and receiving approval by the board of commissioners.
(1966 Code, § 32-40(5))
§ 138-226 Section 138-118(2) not applicable to this division.
Section 138-118(2) of this chapter shall not apply to mobile or modular homes in the R-4 mobile home and modular home district.
(1966 Code, § 32-40(6))
§ 138-236 Purpose.
The C-1 office building district is established for the following purposes:
(a)
To accommodate office uses, office sales uses and certain personal services;
(b)
To protect against fire and explosions, pollution and other environmental hazards;
(c)
To protect, as far as possible, against congestion;
(d)
To promote the most desirable uses of land and the direction of building development in accord with the adopted growth management policy of the city;
(e)
To promote stability of office building developments; to strengthen the economic base of the city; to protect the character of the district and adjacent districts; to conserve the value of land and buildings; and to protect the city's tax base; and
(f)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-41(1))
§ 138-237 Permitted uses.
The uses permitted in the C-1 office building districts are as follows:
(a)
Office buildings for professional services including executive, administrative, legal, accounting, writing, clerical, stenographic, drafting, real estate, insurance, and other similar or related uses.
(b)
Office buildings for medical services, including clinics, outpatient clinics, offices of doctors, dentists, osteopaths and other similar or related uses.
(c)
Office buildings for financial services, including banks, credit unions, savings and loan associations, loan companies and similar or related uses.
(d)
Personal services such as beauty parlors, barbershops, day care centers, nursing homes, funeral homes and other similar or related uses.
(e)
Accessory uses customarily related to a use permitted in subsections (1) through (4) of this section, such as a pharmacy, medical supply, or optical company within a medical office complex; or cafeteria or restaurant within a professional office complex for the convenience of the occupants and clients.
(f)
Parking facilities associated with uses permitted within any residential, C-1, C-2 or C-3 zoning districts.
(g)
On-premises signs, illuminated or animated, in accordance with adopted city ordinances.
(h)
Any sign permitted in R-4 mobile home and modular home district.
(1966 Code, § 32-41(2))
§ 138-238 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the C-1 office building districts are as follows:
(c)
Institutional uses.
(d)
Mobile home for security or office purposes that meets applicable conditions in section 138-118(a)(2), (b) and (c).
(e)
One single-family dwelling per lot and accessory uses in compliance with R-1 single-family residential district requirements in section 138-176 et seq.
(f)
Parking facilities associated with uses permitted within C-4, I-1 or I-2 zoning districts that meet applicable conditions in section 138-118(a)(6), (b) and (c).
(g)
Planned unit developments, excluding industrial uses.
(h)
Portable buildings larger than 120 square feet as an accessory use.
(i)
Railroad facilities or utilities holding a franchise with the city.
(j)
Personal wireless service facilities.
(1966 Code, § 32-41(3); Ordinance 1996-8, § VII, adopted 1/22/1996; Ordinance 1996-70, § VIII, adopted 11/18/1996)
§ 138-239 Prohibited uses.
§ 138-240 Off-street parking requirements.
(a)
Off-street parking requirements for buildings permitted in the C-1 office building district shall be in compliance with the off-street parking and loading provisions in article VII of this chapter, with the following additions:
(1)
The parking provided must be adequate to meet not only employee needs of the occupant, but also the needs of his customers or clients.
(2)
When, in the opinion of the city, the provisions of the off-street parking and loading regulations set out in article VII of this chapter are not adequate, such additional requirements as may be necessary may be required.
(b)
Entrances and exits to parking areas on corner lots shall be at least 25 feet from the intersection of the street right-of-way or 20 feet back of the curb return radius, whichever is greater.
(c)
Any site that has parking for less than 75 cars will be allowed only one entrance and exit into a public street, except where the site has double frontage.
(1966 Code, § 32-41(5))
§ 138-251 Purpose.
The C-2 neighborhood commercial district is established for the following purposes:
(a)
To provide sufficient space and off-street parking in appropriate locations in proximity to residential areas, for commercial development catering to the convenience shopping and service needs of the occupants of nearby residences.
(b)
To provide appropriate space for off-street parking to control congestion, and to encourage commercial development to concentrate to the mutual advantage of both consumers and merchants.
(c)
To protect local commercial development against fire, explosions, pollution and environmental hazards.
(d)
To promote the most desirable uses of land and the direction of building development in accordance with the adopted growth management policy of the city; to promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(e)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-42(1))
§ 138-252 Permitted uses.
The uses permitted in the C-2 neighborhood commercial districts are as follows:
(a)
Retail businesses that sell products on the premises to consumers primarily from adjacent residential areas, such as convenience stores, neighborhood meat or produce markets, bakeries or tortillerias, ice cream stores, florists and gift stores, pharmacies, books/newspapers/magazines, and video/tape/record stores and similar uses.
(b)
Personal services which perform services on the premises such as repair shops (watches, radios, TV, shoes, etc.), tailor shops, beauty parlors or barbershops, photographic studios, day care centers, and similar uses but not including automotive parts or repair services.
(c)
Laundromats, laundry/drycleaning pickup stations, and laundry/dry cleaning establishments dealing directly with consumers.
(d)
Loan companies, insurance and real estate offices.
(e)
Medical offices for general practice physicians, dentists, chiropractors, and other similar nonspecialized medical professionals.
(f)
Parking facilities associated with uses permitted within any residential, C-1, C-2 or C-3 zoning districts.
(g)
On-premises signs, including those that are animated or illuminated.
(h)
All signs permitted in C-1 office building district.
(1966 Code, § 32-42(2))
§ 138-253 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the C-2 neighborhood commercial districts are as follows:
(a)
All conditional uses listed in the C-1 office building district.
(b)
Gasoline service stations or retail outlets where gasoline products are sold.
(c)
Personal wireless service facilities.
(1966 Code, § 32-42(3); Ordinance 1996-70, § IX, adopted 11/18/1996)
§ 138-254 Prohibited uses.
The uses prohibited in the C-2 neighborhood commercial districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(b)
Off-premises signs.
(c)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required in section 138-356.
(d)
Laundry/drycleaning plants servicing off-premises pickup stations.
(1966 Code, § 32-42(5))
§ 138-255 Business establishments.
All business establishments in the C-2 neighborhood commercial districts shall be retail service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail prices on premises where produced.
(1966 Code, § 32-42(4)(a))
§ 138-256 Type of building facility permitted.
All businesses servicing or processing in the C-2 neighborhood commercial districts shall be conducted within a completely enclosed building, except for off-street parking or loading, excluding drive-in businesses or gasoline service stations or retail outlets where gasoline products are sold.
(1966 Code, § 32-42(4)(b))
§ 138-257 Gasoline service stations and retail outlets-Generally.
Gasoline service stations or retail outlets in the C-2 neighborhood commercial districts, where gasoline products are sold at retail prices, are limited in their activity to the sale of gasoline, oil and minor accessories only, and incidental service. Repair work, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glasswork and such other activities whose external effects could adversely extend beyond the property line are not permitted.
(1966 Code, § 32-42(4)(c))
§ 138-258 Same-Location of curb cuts restricted.
The curb cut, or ingress and egress to gasoline service stations, retail outlets for gasoline products and/or drive-in businesses in the C-2 neighborhood commercial districts shall not be permitted at locations where it will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than 25 feet from any street intersection, measured from the right-of-way.
(1966 Code, § 32-42(4)(d))
§ 138-259 Same-Front yard setbacks, etc.
A front yard setback of 60 feet from the right-of-way of any existing or proposed street shall be maintained by gasoline service stations or retail outlets where gasoline products are sold in the C-2 neighborhood commercial districts unless otherwise approved by the planning and zoning commission. Gas pumps and canopies may be placed within the setback not less than nine feet from the property line, or ten feet from the curb, whichever is greater.
(1966 Code, § 32-42(4)(e))
§ 138-260 Same-Lighting; buffer requirement.
In the C-2 neighborhood commercial district, all lighting shall be shielded from adjacent residential districts. A six-foot-high, completely obscuring wall shall be provided by all gasoline service stations, retail outlets where gasoline products are sold, or drive-in businesses, when abutting or adjacent to districts zoned for any residential use.
(1966 Code, § 32-42(4)(f), (g))
§ 138-261 Same-Minimum lot area.
The minimum lot area for a gas service station or a retail outlet where gasoline products are sold in the C-2 neighborhood commercial districts should be 13,000 square feet and so arranged that ample space is available for motor vehicles which are required to wait, except that gasoline service stations intended solely for the purpose of selling gasoline, oil and minor accessories and having no facilities for repair or servicing automobiles may be permitted on lots of less than 13,000 square feet subject to all other provisions required in this chapter.
(1966 Code, § 32-42(4)(h))
§ 138-262 Veterinary hospitals or clinics.
Veterinary hospitals or clinics in the C-2 neighborhood commercial districts are subject to the limitation that all activities be conducted within a totally enclosed building with no open air impoundment and no external effects such as noise or odor which could adversely extend beyond the property lines.
(1966 Code, § 32-42(4)(i))
§ 138-267 Purpose.
The C-3L light commercial district is established for the following purposes:
(a)
To allow commercial uses within the areas of transition from residential to commercial that would provide additional business opportunities and protect neighborhoods from commercial establishments attracting high-traffic volumes.
(b)
To provide sufficient space and off-street parking in appropriate locations in proximity to residential areas, for light commercial development catering to the shopping and service needs of shoppers.
(c)
To provide appropriate space for off-street parking to control congestion, and to encourage light commercial development to concentrate to the mutual advantage of both consumers and merchants.
(d)
To protect light commercial development against fire, explosions, pollution and environmental hazards.
(e)
To promote the most desirable uses of land and the direction of building development in accordance with the adopted growth management policy of the city; to promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(f)
To promote the most efficient use of city facilities and services.
(Ordinance 1999-07, § 1, adopted 1/25/1999)
§ 138-268 Permitted uses.
The uses permitted in the C-3L light commercial districts are as follows:
(a)
All uses listed as permitted uses in the C-1 office building district.
(b)
All uses listed as permitted uses in the C-2 neighborhood commercial district, excluding gasoline service stations or retail outlets where gasoline products are sold.
(c)
Retail businesses that sell products such as: candy, nuts and confectioneries, bakeries or tortillerias, ice cream stores, specialized food products, apparel and accessories, computer hardware and software, records, tape and compact diskettes, musical instruments, drug and proprietary goods, household furniture and electronics, miscellaneous shopping goods (sic 594), products from miscellaneous retail stores (sic 599) and similar or related uses.
(d)
Restaurants which do not derive more than 25 percent of the gross income from the sale of alcoholic beverages.
(e)
On-premise signs, including those that are animated or illuminated.
(f)
All signs permitted in the C-1 office building district.
(g)
Household goods warehousing and storage in individually rented storage units.
(Ordinance 1999-07, § 1, adopted 1/25/1999; Ordinance 2003-83, § 1, adopted 11/10/2003)
§ 138-269 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the C-3L light commercial districts are as follows:
(a)
All conditional uses listed in the C-2 neighborhood commercial district except gasoline service stations or retail outlets where gasoline products are sold.
(b)
Liquor stores that only offer alcohol for off-premise consumption.
(Ordinance 1999-07, § 1, adopted 1/25/1999; Ordinance 2020-68, § I, adopted 12/14/2020)
§ 138-270 Prohibited uses.
The uses prohibited in the C-3L light commercial districts are as follows"
(a)
Any building erected or land used for other than one or more of the uses specified in this division
(b)
Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required in section 138-356.
(c)
Vape shops and smoke shops.
(Ordinance 1999-07, § 1, adopted 1/25/1999; Ordinance 2020-68, § I, adopted 12/14/2020)
§ 138-276 Purpose.
The C-3 general business district is established for the following purposes:
(a)
To provide sufficient space, in appropriate locations with a variety of site choices, for development requiring a higher density of commercial establishments, generally characterized by an integrated or planned cluster of establishments served by a common parking area and/or generating large volumes of vehicular and pedestrian traffic.
(b)
To protect against fire and explosions, pollution and other environmental hazards.
(c)
To protect, as far as possible, commercial centers against congestion.
(d)
To promote the most desirable uses of land and the direction of building development in accordance with the adopted growth management policy of the city.
(e)
To promote stability of commercial development; to strengthen the economic base of the city; to protect the character of the district and its uses; to conserve the value of land and buildings; and to protect the city's tax base.
(f)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-43(1))
§ 138-277 Permitted uses.
The uses permitted in the C-3 general business districts are as follows:
(a)
All uses listed as permitted uses in C-1 and C-2 zoning districts.
(b)
Any retail businesses, personal services or business services except the following: lumberyard or contractor yards, farm equipment or other heavy equipment sales or service, farm products warehousing and storage or stockyards, general warehousing and storage. Household goods warehousing and storage in individually rented storage units is permitted.
(c)
Hospitals.
(d)
Hotels, motels.
(e)
Restaurants, eating places.
(f)
Printing, publishing and allied products manufacturing.
(g)
Rail and motor vehicle transportation passenger terminals.
(h)
Telephone, telegraph, television, radio or similar media stations, centers, studios, but not including public microwave, radio and television towers.
(i)
Any wholesale trade or wholesale trade accessory to any permitted retail operation except the following: raw cotton, grain, hide, skins and raw furs, tobacco, wool, mohair, livestock, commercial or industrial machinery or supplies, metals and minerals, petroleum bulk stations and terminals, scrap or junk waste materials.
(j)
Signs in accordance with adopted ordinances.
(k)
Automotive repair as an accessory use to a permitted retail use, such as retail sale of automobiles or retail sale of automobile parts.
(1966 Code, § 32-43(2))
§ 138-278 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the C-3 general business districts are as follows:
(a)
All conditional uses listed in C-1 office building district.
(b)
Gasoline service stations or retail outlets where gasoline products are sold.
(c)
Planned shopping centers.
(d)
Bars and nightclubs in accordance with applicable adopted ordinances and section 138-118(a)(4), (b) and (c).
(e)
Automotive repair and service as a primary use, including auto paint and body work as a primary use subject to required conditions listed in section 138-281.
(f)
Outdoor flea markets or farmers' markets.
(g)
Personal wireless service facilities.
(h)
Transit terminal facility.
(i)
Vape shops and smoke shops.
(1966 Code, § 32-43(3); Ordinance 1996-70, § X, adopted 11/18/1996; Ordinance 1998-82, § 3, adopted 8/24/1998; Ordinance 1999-69, § 3, adopted 8/9/1999; Ordinance 2020-68, § II, adopted 12/14/2020)
§ 138-279 Prohibited uses.
The uses prohibited in the C-3 general business districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(1966 Code, § 32-43(6))
§ 138-280 Special conditions for gasoline service stations, drive-in businesses and veterinary hospitals.
§ 138-281 Special conditions for automotive repair as a primary use.
The following conditions are required for automotive repair as a primary use in the C-3 general business districts:
(a)
Such establishments shall be located on a lot or tract of land of sufficient size to accommodate the proposed use. In no case shall the building site be less than 10,000 square feet.
(b)
All service, repair, maintenance, painting, and other work shall take place within an enclosed area.
(c)
There shall be no outside storage of materials.
(d)
The building where the proposed work is to take place shall be at least 100 feet from the nearest residence.
(e)
A six-foot opaque fence buffering the proposed use from any residential use or residentially zoned area may be required.
(f)
All new buildings and all conversions of existing buildings to such uses shall meet current building code and fire code requirements in terms of separation of high hazard uses from other occupancy use classifications, etc.
(1966 Code, § 32-43(5))
§ 138-291 Purpose.
The C-4 commercial-industrial district is established for the following purposes:
(a)
To provide sufficient space for the development of commercial establishments which would involve influences that would be objectionable in the C-3 general business district due to noise from heavy service operations, large volumes of truck traffic or some similar objection.
(b)
To protect against fire and explosions, pollution and other environmental hazards.
(c)
To protect, as far as possible, against congestion.
(d)
To promote the most desirable uses of land and the direction of building development in accordance with the adopted growth management policy of the city.
(e)
To promote stability of commercial-industrial development; to strengthen the economic base of the city; to protect the city's tax base.
(f)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-44(1))
§ 138-292 Permitted uses.
The uses permitted in the C-4 commercial-industrial districts are as follows:
(a)
All uses listed as permitted in the C-3 general business district.
(b)
Automotive repair and service as a primary use, including auto paint and body work as a primary use.
(c)
Lumberyards or contractor yards, farm equipment or other heavy equipment sales and service, farm products warehousing and storage, general warehousing and storage.
(d)
Motor vehicle transportation freight terminals.
(e)
Any wholesale trade or wholesale trade accessory use to any permitted retail operation including the following: raw cotton, grain, hide, skins and raw furs, tobacco, wool, mohair, livestock, commercial or industrial machinery or supplies, metals and minerals, petroleum bulk stations and terminals, scrap or junk waste materials.
(f)
Those uses of a commercial retail or wholesale nature requiring large outdoor loading areas, generating heavy truck or rail traffic and requiring access to major transportation channels and/or creating influences not acceptable in the C-3 general business district.
(g)
Accessory structures and uses customarily incident to the above permitted uses, including the residence for night watchmen or caretakers employed on the premises.
(1966 Code, § 32-44(2))
§ 138-293 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the C-4 commercial-industrial districts are as follows:
(a)
All conditional uses listed in the C-3 general business district.
(b)
Gasoline service stations or retail outlets where gasoline products are sold.
(c)
Bars and nightclubs in accordance with applicable adopted ordinances and section 138-118(4).
(d)
Personal wireless service facilities.
(1966 Code, § 32-44(3); Ordinance 1996-70, § XI, adopted 11/18/1996)
§ 138-294 Prohibited uses.
The uses prohibited in the C-4 commercial-industrial districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(1966 Code, § 32-44(5))
§ 138-295 Gasoline service stations, drive-in businesses and veterinary hospitals.
§ 138-306 Purpose.
The I-1 light industrial district is established for the following purposes:
(a)
To accommodate wholesale and warehouse activities and industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts.
(b)
To permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semifinished products from previously prepared material as long as such use has no adverse external effects such as noise or odor which extend beyond the property lines of the site.
(c)
To protect against fire and explosions, pollution and other environmental hazards.
(d)
To protect, as far as possible, against congestion.
(e)
To promote the most desirable uses of land and the direction of building development in accordance with the adopted growth management policy of the city.
(f)
To promote stability of industrial development; to strengthen the economic base of the city; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(g)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-45(1))
§ 138-307 Permitted uses.
The uses permitted in the I-1 light industrial districts are as follows:
(a)
Any of the following uses when the manufacturing, compounding or processing or reprocessing is conducted wholly within a completely enclosed building and provided that the portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R-1 through R-4, C-1 and C-2 zoning districts:
(1)
The manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery.
(2)
The manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheet metal, wood or wood byproducts (excluding saw and planing mills), and yarns.
(3)
The manufacture of pottery and figurine or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.
(4)
Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small molded rubber products.
(5)
Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.
(6)
Laboratories, experimental, film or testing.
(7)
Manufacture and repair of electric or neon signs, sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like.
(8)
Tool, die, gauge and machine shops.
(9)
All public utilities, including buildings, necessary structures, storage yards and other related uses.
(10)
Any use listed as permitted in C-4 commercial-industrial district.
(b)
Accessory structures and uses customarily incidental to the above permitted uses.
(c)
Other uses of a similar and no more objectionable character to those principal uses permitted subject to any and all provisions of ordinances relating to the use of property within the city.
(1966 Code, § 32-45(2))
§ 138-308 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the I-1 light industrial districts are as follows:
(a)
All conditional uses listed in C-4 commercial-industrial district excluding bars and nightclubs.
(b)
Gasoline service stations or retail outlets where gasoline products are sold.
(c)
Planned industrial parks.
(d)
Personal wireless service facilities.
(1966 Code, § 32-45(3); Ordinance 1996-70, § XII, adopted 11/18/1996)
§ 138-309 Prohibited uses.
The uses prohibited in the I-1 light industrial districts are as follows:
(a)
Any building erected or land used for other than one or more of the uses specified in this division.
(1966 Code, § 32-45(5))
§ 138-310 Special conditions for gasoline service stations, drive-in businesses and veterinary hospitals.
§ 138-321 Purpose.
The I-2 heavy industrial district is established for the following purposes:
(a)
To accommodate industrial operations whose external physical effects are restricted to the area of the districts and in no manner affect in a detrimental way any of the surrounding districts.
(b)
To permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of raw materials or finished or semifinished products.
(c)
To protect against fire and explosions, pollution and other environmental hazards.
(d)
To protect, as far as possible, against congestion.
(e)
To promote the most desirable uses of land and direction of building development in accordance with the adopted growth management policy of the city.
(f)
To promote stability of industrial development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.
(g)
To promote the most efficient use of city facilities and services.
(1966 Code, § 32-46(1))
§ 138-322 Permitted uses.
The uses permitted in the I-2 heavy industrial districts are as follows:
(a)
All uses listed as permitted in the I-1 light industrial district, provided that the manufacturing, compounding or processing or reprocessing is conducted wholly within a completely enclosed building and that the portion of land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R-1 through R-4, C-1 and C-2 zoning districts.
(b)
Any use not previously listed in this article, subject to any and all provisions of all ordinances relating to the use of property within the city.
(1966 Code, § 32-46(2))
§ 138-323 Conditional uses.
The conditional uses requiring a conditional use permit permitted in the I-2 heavy industrial districts are all the conditional uses listed in the I-1 light industrial district.
(1966 Code, § 32-46(3))
§ 138-324 Prohibited uses.
The uses prohibited in I-2 heavy industrial districts are as follows:
(a)
Those uses which, in the opinion of the planning and zoning commission and/or board of commissioners, would be detrimental to the health, safety or general welfare of the citizens of the city or to adjacent development.
(1966 Code, § 32-46(5))
§ 138-325 Special conditions for gasoline service stations, drive-in businesses and veterinary hospitals.
§ 138-331 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means an establishment where alcoholic beverages are sold, including any cabaret, dancehall, discotheque, disco, music venue, nightclub or restaurant or other establishment where more than 49 percent of the gross income is derived from the sale of alcoholic beverages.
means "bring your own bottle", "bring your own beer", "bring your own beverage", or "bring your own booze".
means an establishment the primary activity of which is the provision musical entertainment and/or permit dancing by its patrons to live or recorded music.
means the area of the city lying between U.S. Business 83 and Houston Avenue, from Tenth Street to Bicentennial Boulevard.
means any of a variety of venues that provide an ongoing activity or business to which the public is invited or allowed to watch, listen, or participate, to divert or amuse quests or patrons, including, but not limited to.
Presentations by single or multiple performers, such as comedians, musical song or dance acts, plays, concerts, demonstrations of talent, shows, reviews, hypnotists, pantomimes, or any other similar activity which may be attended by members of the public.
Cabarets, dancehalls, discotheques, discos, music venues, nightclubs, restaurants, bars, and schools of dance.
means that area of the City of McAllen from Hackberry Avenue to Expressway 83 and from Bicentennial Boulevard to 10th Street.
means an establishment the primary purpose of which is the sale of goods, products or materials directly to a consumer, including personal service establishments but not a bar or restaurant.
means the permit that may be issued by the director of planning to a property owner pursuant to the provisions of this division to allow a residential use above a commercial establishment.
means the permit that may be issued by the director of planning to an establishment pursuant to the provisions of this division.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-332 Heart of the City Overlay Districts established; sunset; permit application and fee.
(a)
The overlay districts established in this division supersede, modify and/or supplement any conflicting requirements and limitations of article V ("Districts") otherwise applicable to any underlying base district. All of the article V requirements and limitations of any underlying base district that do not conflict with those of the overlay district shall continue to apply. In the event of any conflict between the overlay district requirements or limitations and those of article V, the overlay district requirements or limitations shall prevail.
(b)
Any establishment that as of the effective date of this division is located or seeks to locate within an overlay district established by this division may apply for any special permit available to it. Any such application must be filed by or with the written consent of the property owner, and shall be filed with the director of planning, together with an application a fee of $100.00. All such applications shall be reviewed, considered and acted upon by the director of planning. A special permit shall be issued to the establishment specified in the application, will not run with the land, will not be transferable and will be subject to revocation as provided in this division.
(d)
In the event the board of commissioners repeals this division then, except as provided in subsection (e) hereof, the overlay districts established hereunder shall dissolve and no special or residential permits shall be issued or renewed.
(e)
Notwithstanding anything to the contrary in this article, any permit issued under this division shall be valid through its expiration date even if it extends beyond any repeal.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-333 Entertainment and Cultural Overlay District; location; special permits.
(a)
An Entertainment and Cultural Overlay District ("ECOD") is hereby established within the City of McAllen encompassing all of Blocks and Lots of the McAllen Addition Subdivision as follows: all of Blocks 1, 2, 5, 9, 24, 25, 41, and 57; Lots 5 through 14 out of Block 4, Lots 6 through 12 out of Block 10; Lots 6 and 7 out of Block 11; Lots 11, 12 and 13 out of Block 12; Lots 6, 7 and 8 out of Block 13, Lot 1 and the South 22 feet of Lot 2 and Lot 4 out of Block 40, and Lots 1, 3, 4, 5 out of Block 56 as well as Lots 7 through 12 each out of Blocks 23, 26, 39, 42, and 55 of the same subdivision, as shown in Map A.
(b)
The ECOD shall be indicated on the zoning map with the base district symbol followed by a slash and the ECOD district symbol (i.e., ("C-3/ECOD")).
(c)
BYOB prohibited: A patron, customer, or guest of a bar, restaurant, entertainment or cultural establishment, or other establishment in the ECOD may not bring wine, malt alcoholic beverages (beer), distilled beverages or other beverages produced through distillation into such establishments.
(d)
ECOD special permits may be issued to entertainment or cultural establishments within the boundaries of the ECOD, for a period of three years, subject to the following requirements and limitations:
(1)
The following establishments may not operate within the ECOD without a special permit:
a.
Any entertainment or cultural establishment seeking to locate within the ECOD; and
b.
Any entertainment or cultural establishment located within the ECOD on the effective date of this division that applies to the building official for a building permit or a miscellaneous inspection.
The provisions of this section are intended to also apply, without limitation, to any bar, cocktail lounge, tavern, saloon or cantina, and to any nightclub, discotheque, disco or dancehall located in the ECOD after its conditional use permit expires. |
(2)
Any bar, cocktail lounge, tavern, saloon or cantina, and any nightclub, discotheque, disco or dancehall that is issued an ECOD special permit does not require a conditional use permit and is exempted from the minimum distance requirements of chapter 6 ("Alcoholic Beverages"), section 6-2 and of subsection 138-118(a)(4) of the McAllen Code of Ordinances.
(3)
A special permittee operating as a bar shall make necessary and reasonable efforts to discourage criminal activity and vandalism, both on the site and on adjacent properties. Such measures may include the provision of adequate and sufficient lighting, the elimination of dark areas, and the hiring of security personnel.
a.
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.
A special permittee holding a mixed beverage late hours permit is required to provide security personnel based on the occupancy count provided by the chief building official. There shall be one security personnel per every 75 patrons plus one supervising security personnel for every five security personnel required. All security personnel must be properly identifiable.
c.
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. Security cameras must have a minimum retention load of 30 recording days. Dummy cameras are prohibited and signs should be posted that the establishment is under video surveillance. At the City's request the special permittee shall assist the municipality in obtaining authorization from the property owner to place additional video cameras on the exterior of the building.
d.
Outdoor amplified music may not exceed 85 decibels as measured at 300 feet from the property line of the business, as read from a calibrated sound level meter utilizing the A-level weighting scale and the slow meter.
e.
Establishments selling alcoholic beverages with a mixed beverage late hours permit (midnight to 2 a.m.) shall:
1.
Enforce the use of age-verification device(s) and supporting tracking software;
2.
Mark all occupants that are under the age of 21 years with UV ink (or other City of McAllen approved system) and track the same using blacklight devices throughout the business; and
3.
Provide reports related to occupants under the age of 21 years as may be requested by city staff at any time.
(4)
A special permittee shall make 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.
(5)
A special permit applicant shall submit for approval a plan describing the efforts that will be made and the measures that will be implemented to accomplish the aims of subsections (3) and (4), above. The applicant may amend the proposed plan. If the director of planning is satisfied that the proposed plan, as presented or as amended, reasonably addresses the above aims, it shall be approved, and compliance with the plan shall be made a condition for approval of the special permit.
(6)
A special permittee shall restrict the number of persons within its premises to those allowed by the director of planning at the time of special permit issuance. In determining an establishment's occupancy limit the director of planning shall take into account the recommendations and requirements of the fire marshal and the building official, and such limit shall not exceed the maximum number that may otherwise be provided for in the City Code of Ordinances.
(7)
The director of planning may impose additional requirements or limitations as may be appropriate and reasonable to carry out the purposes of the ECOD and to mitigate any adverse effects that could be generated by the proposed use.
(8)
An ECOD special permittee, no later than 60 days prior to its expiration, may apply for renewal of its special permit. Special permit renewals shall be processed as an original application.
(9)
Any change in ownership of an establishment shall cause the special permit to expire, and require a miscellaneous inspection by the building official. It shall be a condition of a special 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 special permit in order to qualify for the special treatment of subsection (c) hereof, and for the issuance of residential permits under section 138-335.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016; Ordinance 2016-54, § I, adopted 8/22/2016; Ordinance 2020-15, § I, adopted 4/13/2020)
§ 138-334 Downtown Retail Overlay District; location.
(a)
A "Downtown Retail Overlay District" ("DROD") is hereby established within the City of McAllen to include the Masso Condos Subdivision and that area of the McAllen Addition Subdivision encompassing all of Lots 1 through 5 out of Block 10; Lots 1 through 5 and 8 through 12 out of Block 11; Lots 1 through 10 and 14 through 18 out of Block 12; Lots 1 through 5 and 9 through 18 out of Block 13; Lots 1 through 12 out of Block 21, and Lots 1 through 6 each out of Blocks 23, 26, 39, 42, and 55; also, all of Blocks 14, 19, 20, 22, 27, 28, 29, 30, 35, 36, 37, 38, 43, 44, 45, 46, 51, 52, 53, 54, 59 and 60, as shown in Map B.
(b)
The DROD shall be indicated on the zoning map with the base district symbol followed by a slash and the DROD district symbol (i.e., ("C-3/ DROD")).
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-335 Residential uses permitted in Commercial Overlay Districts.
Residential uses not otherwise permitted in the base district underlying an overlay district, either as of right or conditionally, shall be allowed upon the issuance of a residential permit by the director of planning, with the following conditions, requirements and limitations:
(a)
A residential permit application may be filed with the director of planning only by the property owner, together with an application a fee of $100.00. A residential permit shall be issued to the property owner for life of the use, conditioned on compliance with all the requirements and limitations hereunder, and will be subject to termination or revocation as provided in this division.
(b)
Each residential unit requires its own residential permit.
(d)
No residential uses will be allowed on the first floor of a building.
(e)
No residential uses will be allowed on any floor above the first when the floor also has a non-residential use. However, property owners or first-floor establishment owners residing in a floor above the first floor may also use part of that floor as an office.
(f)
Abandonment of a permitted residential use will be cause for revocation of the residential permit. Abandonment shall be presumed whenever any part of the space subject to the residential permit is converted to a non-residential use, except as specifically allowed by the provisions of this division.
(g)
A violation of any requirement or limitation shall be cause for revocation of the residential permit by the director of planning.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-336 Off-street parking requirements.
Retail establishments in the DROD, special permittees in the ECOD, and residential permittees that do not comply with the city's off-street parking ordinance by providing the required minimum number of parking spaces shall in lieu of such compliance pay the applicable fee appearing in the table that follows. Payment of said fee shall be a condition, respectively, for: (i) the issuance of a building permit or the finaling of a miscellaneous inspection by the building official; (ii) the issuance of a special permit; and (iii) the issuance of a residential permit. However, no additional fee shall be required whenever the same permittee applies to the building official for a building permit or a miscellaneous inspection within one year of being issued a special permit or a residential permit. In all cases the applicable fee shall be based on the square footage of any space for which the building official issues a building permit or conducts a miscellaneous inspection:
Gross Square Footage | Fee |
|---|---|
Less than 2,500 sq. ft. | $1,000.00 |
2,501—5,000 sq. ft. | $1,500.00 |
5,001—10,000 sq. ft. | $2,000.00 |
10,001—15,000 sq. ft. | $2,500.00 |
15,001—20,000 sq. ft. | $3,000.00 |
Over 20,000 sq. ft. | $3,500.00 |
All such fees shall be deposited into the downtown development fund established by the city for the exclusive purpose of alleviating the parking needs and improvements of the Heart of the City.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2006-47, § 1, adopted 5/8/2006; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-337 Enforcement; notice of revocation; reconsideration.
(a)
The provisions of this division shall be administered and enforced by the director of planning, and there shall be the right to enter upon any premises at any reasonable time for the purpose of making inspection of buildings or premises necessary to carry out the duties in the enforcement of this division.
(b)
Whenever there is reason to believe that any permittee is in violation of any permit condition, requirement or limitation, a notice of violation shall be issued to the permittee, addressed to the last known address as reflected in the department's files or the city's tax records, advising that on the basis of the violation being alleged the permit shall be revoked as of the tenth calendar day following the date on the said notice.
(c)
A permittee whose permit is being revoked may, by the tenth day after the date on the notice and not thereafter, submit anything to the director of planning for reconsideration of the revocation. The director of planning may agree to meet with the permittee to discuss such reconsideration. In the event of such submission or meeting the revocation will not be effective until the tenth day following the director of planning's written determination on the reconsideration. In the event the director of planning fails to respond to a request for reconsideration within ten days of submission, a denial of such request shall be presumed and considered a final action.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-338 Appeals.
Any permit applicant whose application is denied, any permittee whose permit is terminated or revoked, and any such person who is aggrieved by any decision of the director of planning may, within ten days of such final action and not thereafter, appeal in writing to the zoning board of adjustments and appeals pursuant to section 138-43, setting forth that such action is in error, in whole or in part, and specifying the grounds of such error.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2008-30, § 2, adopted 4/28/2008; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-339 Penalty for violations.
Any person violating any provision of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount as prescribed in section 1-14. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this section shall never be a bar to any other remedy or relief for violations of this article.
(Ordinance 2005-95, § 1, adopted 11/14/2005; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-340 Board of commissioners to consider chapter 380 agreements.
The board of commissioners may enter into chapter 380 economic development agreements with enterprises locating in the Heart of the City provided that:
(a)
The enterprise shall locate within the Central Business District;
(b)
The enterprise shall first apply with the Heart of the City of McAllen Redevelopment Corporation, Inc., and receives its positive recommendation;
(c)
The commissioners find that entering into a 380 agreement will serve the long-term economic interests of the city and promote the development purposes and goals of the Heart of the City.
(Ordinance 2007-72, § 1, adopted 9/10/2007; Ordinance 2016-38, § I, adopted 5/23/2016)
§ 138-341 Overlay Design District established.
(a)
An Overlay Design District ("design district") is hereby established within the City of McAllen encompassing all land within the territorial limits of the City of McAllen with the exception of Lots 1-6, Block 6, North McAllen Townsite, an addition to the City of McAllen, Hidalgo County, Texas, according to the plat or map thereof recorded in Volume "Z", Page 40, deed records of Hidalgo County, Texas and Lots 7-12, Block 5, North McAllen Townsite, an addition to the City of McAllen, Hidalgo County, Texas, according to the plat or map thereof recorded in Volume "Z", Page 40, deed records of Hidalgo County, Texas.
(b)
The overlay district established in this division supersedes, modifies and/or supplements any conflicting requirements and limitations of article V ("districts") otherwise applicable to any underlying base district. All of the article V requirements and limitations of any underlying base district that do not conflict with those of the overlay district shall continue to apply. In the event of any conflict between the overlay district requirements or limitations and those of article V, the overlay district requirements or limitations shall prevail. However, in the event of any conflict between the overlay design district requirements or limitations and those of article VIII ("historical preservation"), the article VIII requirements or limitations shall prevail.
(Ordinance 2017-45, § I, adopted 8/14/2017)
§ 138-342 Design manual fully incorporated.
The "Design Manual for the Installation of Network Nodes and Node Support Poles Pursuant to Tex. Loc. Gov. Code Chapter 284" is fully incorporated by reference herein as if fully set forth and applies to the entirety of the design district.
(Ordinance 2017-45, § I, adopted 8/14/2017)