Mcallen City Zoning Code

The Development Team is composed of the following departments, members, or their representatives:

The Staff Review Committee may request the assistance other staff members and agency representatives.

The pre-development meeting shall include the following:

The applicant shall provide a brief overview of the project, including proposed location, uses, densities, project layout, and design features.

The Development Coordinator shall provide information and comments at the pre-application meeting, but shall not take formal action on the application. In addition to provision of verbal information, the Development Coordinator may provide a pre-application meeting checklist.

The applicant's and Development Coordinator's comments are for purposes of information, but are not binding on either the City or the applicant.

During the meeting, the Development Coordinator may review and complete an informational checklist, based on the scope of the application.

The Development Coordinator shall record in writing and provide the applicant any pertinent information concerning the project scope, as described by the applicant, as well as verbal guidance provided by City staff.

All applications shall be made on forms prepared by the Planning Director.

The City Commission may establish fees for all applications required in this UDC.

The Planning Director shall not process incomplete applications.

An application is not complete until all required items are submitted (see Appendix B: Applications and Development Manual).

When applications are submitted, the Planning Director shall review them for completeness.

The time period to process an application does not commence until the Planning Director determines that the application is properly submitted and the applicant has corrected any deficiencies in the application.

Review for completeness of application forms is solely to determine whether information required for submission with the application is sufficient to allow further processing.

The Planning Director shall determine whether the application is complete and shall transmit the determination to the applicant. If the Planning Director determines that the application is not complete, the Planning Director shall specify those parts of the application that are incomplete and shall indicate how they can be made complete, including a list and description of the information needed to complete the application. The Planning Director and any other approval authority are not obligated to further review the application until the required information is corrected. For applications subject to Article 6.3, the application is not considered submitted and is denied.

The Planning Director or the approving authority may provide submittal deadlines for materials required in support of any application. Compliance with those deadlines is required to have the application placed on an agenda to be heard by the approving authority.

This UDC, in conjunction with those regulations set by State law, establishes various requirements for public notice.

Noticing shall meet the minimum requirements established in Texas Local Government Code § 211.007(c), including the 200-foot notification and twenty percent (20%) protest requirements.

Table 6.1.7-1, along with Table 6.1.7-2, describes the various types of notice and their contents.

Specific notice requirements are established in Table 6.1.7-2. Additional notice requirements may apply in each procedural section.

In those instances, where an application requires multiple public hearings, noticing may be provided jointly stating the specifications for those public hearings.

A synopsis of the proposed ordinance or application;

Time, date, and place of the public hearing or meeting;

The type of land use or development decision that is being considered;

If a public hearing is required, a statement that at the time and place of the hearing all persons who desire shall have an opportunity to be heard in opposition to or in favor of the ordinance or application;

A point of contact within Planning Department; and

Planning Department's website address (mcallen.net/departments/planning).

One sign of at least three (3) square feet shall be posted on the property for residential development applications requiring noticing. Notice sign must comply with Texas Local Government Code as may be amended from time to time.

This sign(s) shall, if possible, be located adjacent to streets.

This sign(s) shall be erected on or about the first notice to property owners and shall be removed after final action by the City Commission or when the applicant withdraws the request, whichever comes first.

The erection or continued maintenance of signs shall not be deemed a condition precedent to the granting of any zoning change or holding of any public hearing.

Conformance with these regulations, the comprehensive plan, and other adopted plans, design guidelines and policies;

Recommendations of staff and recommending bodies;

Input of reviewing agencies and departments;

Public comment and testimony received at the hearing; and

Effects of the proposal on the neighborhood, area, and community at-large.

After review of the application, other pertinent information or documents, and any evidence made part of the public record, the recommending and decision-making bodies may impose conditions that are reasonably necessary to assure compliance with applicable general or specific standards expressed in these regulations.

The Planning Director shall include a copy of the conditions with the record of decision.

The applicant shall be notified of any conditions imposed on the application.

The Planning Director may approve minor revisions to the terms of an application approval. "Minor revisions" are those that are necessary in light of technical considerations discovered after the decision on the development application, and which do not substantively change the character of the development approval.

Minor revisions must be authorized in writing.

Minor revisions are subject to appeal to the Planning and Zoning Commission. On appeal, no further action shall be taken to process the application, and/or issued permits are stayed pending the Planning and Zoning Commission's determination.

A major revision is any revisions that the Planning Director determines is not a minor revision.

A major revision is approved by the original decision-maker is required in accordance with the procedures established for original consideration of the application.

In making a determination, the Planning Director may seek a recommendation from any recommending body involved in the original application process.

Any decision may be appealed.

A party with standing may seek judicial review pursuant to Texas Local Government Code § 211.011.

Certain decisions may be appealed to a specific approval authority as established in this article.

Appeals may be taken to and before Zoning Board of Adjustment by any person aggrieved, or by any officer, department, board, or bureau in the City.

An appeal shall be made by submitting to the Planning Director a notice of appeal and specifying the appeal's grounds.

The office or department from which the appeal is taken shall transmit to the board all of the papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Zoning Board of Adjustment that, by reason of facts in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted or by a court of equity, after notice to the office from whom the appeal.

The Zoning Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of that hearing to the petitioner and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which an appeal is desired, and to all other persons deemed by the board to be affected by the appeal. These owners and persons shall be determined according to the current tax rolls of the City.

Appeals may be taken to and before the Planning and Zoning Commission by any applicant aggrieved, or by any officer, department, board, or bureau in the City.

An appeal shall be made by submitting to the Planning Director a notice of appeal and specifying the appeal's grounds.

The office or department from which the appeal is taken shall transmit to the Planning and Zoning Commission all of the papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from.

The Planning and Zoning Commission shall fix a reasonable time for the hearing of the appeal no more than 30 days after the date the appeal was submitted to the City Secretary. Notice of the appeal shall be made to the applicant and owner of the subject property according to the current tax rolls of the City.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

Any required public hearings shall comply with Section 6.1.9.

At the minimum, the comprehensive plan shall include the following elements: land use, community facilities, and transportation.

The plan shall contain an existing land use map and a future land use map.

The plan shall include cross-references comparing future land use categories to comparable zoning districts. Pursuant to Texas Local Government Code § 213.005, a map of a comprehensive plan illustrating future land use shall contain the following clearly visible statement: "A comprehensive plan shall not constitute zoning regulations or establish zoning district boundaries."

The plan shall include goals, objectives, and policies for each element.

City Commission;

City Staff;

The Planning and Zoning Commission; or

Application of any resident, property owner, or business owner within the City.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

Two public hearings are required and shall comply with Section 6.1.9.

Generally. All hearing and notification procedures shall comply with Texas Local Government Code § 231.109, as applicable.

Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall conduct a public hearing on the text amendment. The Planning and Zoning Commission shall submit its recommendation to the City Commission:

City Commission Decision. The City Commission shall consider the text amendment at a public hearing after a recommendation has been provided by the Planning and Zoning Commission. After the hearing is closed, the City Commission shall by ordinance:

Is consistent with the Comprehensive Plan; and

Promotes public health, safety, and general welfare.

City Commission on its own motion;

Planning and Zoning Commission; or

The owner or agent of the subject property.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

Two public hearings are required and shall comply with Section 6.1.9.

Planning Director Review. The Planning Director shall review the rezoning and shall provide a recommendation to the Planning and Zoning Commission to:

Planning and Zoning Commission Recommendation. The Planning and Zoning Commission shall conduct a public hearing on the rezoning. The public hearing shall be recessed and continued to a time and date certain, at least 10 days after the initial hearing after which a second meeting shall occur. The Planning and Zoning Commission shall submit its recommendation to the City Commission:

City Commission Decision. The City Commission shall consider the rezoning at a public hearing after a recommendation has been provided by the Planning and Zoning Commission. After the hearing is closed, the City Commission shall, by ordinance:

Consistency. The City Commission does not redetermine the City's policy of comprehensive zoning. The City's zoning map shall not be altered for the special benefit of the landowner when the change shall cause substantial detriment to the surrounding lands or serve no substantial public purpose.

Adverse Impacts on Neighboring Lands. The City Commission shall consider the nature and degree of an adverse impact upon neighboring lands. Lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive. Further, the City Commission finds and determines that vast acreages of single-use zoning produces uniformity with adverse consequences such as traffic congestion, air pollution, and social alienation. Accordingly, rezonings that promote mixed uses subject to a high degree of design control are not necessarily deemed to be inconsistent with neighboring lands and shall be considered.

Suitability as Presently Zoned. The City Commission shall consider the suitability or unsuitability of the tract for its use as presently zoned. This factor, like the others, must often be weighed in relation to the other standards, and instances can exist in which the use for which land is zoned may be rezoned upon proof of a real public need or substantially changed conditions in the neighborhood.

Health, Safety, and Welfare. The rezoning must bear a substantial relationship to the public health, safety, morals, or general welfare or protect and preserve historical and cultural places and areas. The rezoning may be justified, however, if a substantial public need exists, and this is so even if the private owner of the tract shall also benefit.

Public Policy. A strong public policy in favor of the rezoning may be considered. Examples include a need for affordable housing, economic development, recreational activity, or mixed-use development which functionally relates to the surrounding neighborhoods.

Size of Tract. The City Commission shall consider the size, shape, and characteristics of the tract in relation to the affected neighboring lands. The City Commission shall not rezone a single lot when there have been no intervening changes or other saving characteristic. Proof that a small tract is unsuitable for use as zoned or that there have been substantial changes in the immediate area may justify a rezoning.

Other Factors. The City Commission may consider any other factors relevant to a rezoning application under Texas law.

This subsection applies if:

If the above requirements apply, the applicant shall not submit a rezoning application for the same zoning district request on the same property for at least six (6) months.

The above waiting period begins with either the date of withdrawal of the prior application before the Planning and Zoning Commission or City Commission or the date of the City Commission's denial of the prior application.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

A public hearing is required and shall comply with Section 6.1.9.

Generally. All hearing and notification procedures shall comply with Texas Local Government Code § 211.007, as applicable.

Planning Director Review. The Planning Director shall review the conditional use permit and shall provide a recommendation to the Planning and Zoning Commission to:

Planning and Zoning Commission Decision. The Planning and Zoning Commission shall consider the conditional use permit at a public hearing after a recommendation has been provided by the Planning Director. After the hearing is closed, the Planning and Zoning Commission shall:

The proposed conditional use shall comply with all regulations of the applicable zoning district, the provisions of Chapter 2, any applicable use regulations of Chapter 3, and any applicable development standards of Chapter 4 of this UDC.

The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal, as submitted or modified, shall have no more adverse effects on health, safety, or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than any other use generally permitted in the same district. In making this determination, the Planning and Zoning Commission shall consider the location, type, and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any policy of the Comprehensive Plan.

Adequate utilities shall be provided.

Adequate measures shall be taken to provide ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on public roads.

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.

The proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger public health, safety, morals, comfort, or general welfare.

The public interest and welfare supporting the proposed conditional use authorization shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.

This Subsection applies if:

If the above requirements apply, the applicant shall not submit a conditional use permit application for the same conditional use permit request on the same property for at least six (6) months.

The above waiting period begins with either the date of withdrawal of the prior application before the Planning and Zoning Commission or the date of the Planning and Zoning Commission's denial of the prior application.

Generally. The approval of a conditional use permit does not authorize the development of land. A conditional use permit allows the applicant to apply for a building permit.

Violations, Revocations, and Suspension. Any conditional use permit is in violation of this UDC and shall be suspended or revoked if:

Notification. If the use discontinues or fails to commence as stipulated in this UDC, the Planning Director shall issue written notification to the property owner. Ten (10) days after issuance of this notice, the Planning Director shall issue the permit holder written notification of the conditional use permit's official revocation and removal from the Zoning Map.

Generally. Site plan approval is required for all development except single-family detached or two-family (duplex) dwellings, and for all events that meet the following thresholds:

Deviations Prohibited. A site plan shall not authorize deviation from any applicable development standards normally required by the existing underlying zoning, including, but not limited to signs, landscaping, parking, or dimensional requirements.

Waiver of Site Plan. The Planning Director may waive the requirement to prepare a site plan based on site characteristics and the nature of the proposed changes being suitable for field verification or integration with a building permit.

Elevations of the proposed new or remodeled structures;

Analysis of the traffic impacts of the proposed use; or

Existing and proposed utility layout.

Review and Decision. The Development Team shall review the site plan and shall act to:

Generally. The site of the proposed use or any associated improvements is not in violation of any local, state, or federal law (other than a zoning violation).

Suitability. The characteristics of the proposed site are suitable for the proposed use considering the size, shape, location, topography, and location of improvements and natural features.

Timeliness. The proposed use and/or development is timely, considering the adequacy of transportation systems, public facilities, and services, existing or planned for the area affected by the proposed use.

Compatibility to Surrounding Area. The proposed use shall not alter the character of the surrounding area in a manner that substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed as allowable by the underlying zoning district.

Comprehensive Plan. The proposed use satisfies any applicable goals and policies of the comprehensive plan that apply to the proposed use.

Use Appropriate and Compatible. The use is appropriate to its proposed location and compatible with the character of neighboring uses, or enhances the mixture of complementary uses and activities in the immediate vicinity.

Traffic. The use shall not cause undue traffic congestion, dangerous traffic conditions or incompatible service delivery, parking, or loading problems. Necessary mitigating measures shall be proposed by the applicant.

Nuisance. The operating characteristics of the use do not create a nuisance and the impacts of the use on surrounding properties are minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.

Environment. The use shall not cause significant deterioration to water resources, wetlands, wildlife habitat, scenic characteristics, or other natural features. As applicable, the proposed use shall mitigate its adverse impacts on the environment.

The Planning and Zoning Commission shall consider the site plan at a public meeting.

After the consideration of the Development Team's decision and any evidence provided by the applicant or an aggrieved party, the Planning and Zoning Commission shall:

Generally. After the site plan is approved, the Building Official may issue a building permit or certificate of occupancy consistent with any conditions of site plan approval.

Approve the sign permit;

Deny the sign permit; or

Approve the sign permit with conditions.

Generally. The Building Official may issue a sign permit if there is an approved site plan.

Revocation. The Building Official may revoke a sign permit if:

Repairs and Maintenance. The repair, routine maintenance, or repainting of an existing sign deemed conforming or allowed to continue as a nonconforming sign does not require a sign permit.

Carry out or allow any construction, reconstruction, alteration, restoration, rehabilitation, installation, or relocation of any portion of or any exterior feature of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource; or

Construct or install any new structure within a designated historic district or in a designated historic landmark or heritage property, or in any state or federally designated historic resource, until after an application for a certificate of appropriateness of such work has been approved by the McAllen Historic Preservation Council. Additionally, a building or demolition permit may not be granted for any contributing property within a historic district or in a designated historic landmark or heritage property, unless the McAllen Historic Preservation Council issues a certificate of appropriateness. Neither shall anyone carry out or allow any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from any street, which affects the appearance and cohesiveness of any contributing property in a designated historic district, or of any landmark or heritage property, or of any state or federally designated historic resource, unless the McAllen Historic Preservation Council issues a certificate of appropriateness.

Name of applicant and property owner;

Mailing address of applicant and permanent address of property owner;

Legal description and location of property to be altered or repaired;

A detailed description of the nature of the proposed external repair, demolition alterations or additions to be performed;

A description of the structure and/or site and a narrative as to how the proposed change shall be in character with its architectural and historical aspect on the basis of which it was designated and, if in a historic district, as to how the proposed change shall impact upon the district;

Any circumstances or conditions concerning the property which may affect compliance with this UDC;

The intended and desired starting and completion date of the repair, demolition alterations or additions to be made;

Any drawings or photographs which would explain the proposed repair, demolition alterations or additions;

Samples of the colors which shall be used on the structure, and of the materials to be used or applied on, or that may affect the exterior; and

Building, plumbing, electrical, mechanical and/or other permit applications.

Generally, refer to Section 6.1.6B.

A nonrefundable administrative fee of $100.00 shall be assessed to the applicant reflecting the cost to the City for processing the application. The application shall not be deemed complete, nor shall it be processed until the fee is paid in full. Separate permit fees may apply for any construction or demolition. If the application is approved, all applicable building permits shall be obtained, and all required fees paid prior to commencement of any work.

Historic Preservation Officer Review and Decision. If the Historic Preservation Officer, guided by the adopted design guidelines, and where applicable, criteria established by the Secretary of the Interior, determines that the application involves ordinary repair or maintenance, change, restoration, color or removal of any exterior architectural feature of a historic resource which does not involve significant change in the architectural or historic value, style, general design or appearance, shall review the certificate of appropriateness and shall act to:

Any applicable City of McAllen Design Guidelines for designated local landmark and heritage properties;

The Secretary of the Interior's Standards for Treatment of Historic Properties and Guidelines for Preservation, Rehabilitation and Reconstruction; and

The applicant's conformity with any revisions, stipulations or requirements as the McAllen Historic Preservation Council finds appropriate.

Development Team Review. The Planning Director shall review the preliminary plat application, and send the application to other departments and entities for review (i.e., Engineering, Fire, Health, etc.).

The Comprehensive Plan and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

The planned extension of major thoroughfares, streets, and public highways within McAllen, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

The rules and regulations of Chapter 5 of this UDC.

Affirm its previous action(s);

Rescind its previous action(s) if the merits of the situation warrant; or

Grant relief as provided under this UDC.

Preliminary plat approval is effective for a period of one (1) year.

If a final plat is not submitted for approval within this time, the preliminary plat becomes void unless the Planning Director agrees to a time extension.

A formal request for extension with the reasons for extension must be submitted before the one (1) year deadline date.

Time extensions may be granted for one (1) year and may not be granted more than two (2) times.

The applicant shall submit a complete request for approval to the Planning and Zoning Commission within one (1) year of the preliminary plat approval date.

If not submitted for final plat approval within this time, the preliminary plat is void unless the Planning Director agrees to a time extension.

The plat must receive the Development Team approval prior to final plat approval.

Final plats shall comply with the conditions of plat approval imposed by the Planning and Zoning Commission, if any, and the following additional requirements.

No person shall subdivide any tract of land except in conformity with this UDC. The Planning and Zoning Commission shall approve a final plat only if it conforms to:

The applicant must meet the requirements of Article 5.4 prior to recording the final plat.

Generally. A final plat is recorded with the County Clerk within one (1) year after approval. If not filed within this time, the final plat approval becomes void.

Signatures Required. Signatures shall be affixed to the final plat under the following conditions:

Recording with the County. A Final Plat may be recorded under the following conditions:

Generally. The Planning Director shall review each minor plat submitted pursuant to this UDC and take the following action within thirty (30) days of the submittal date by the applicant, unless additional time is agreed to by the applicant:

Approved with Conditions Decision. If the minor plat is approved conditionally, the reasons for that action shall be stated in writing, a copy of which shall be transmitted to the applicant.

The Comprehensive Plan and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

The transportation plan and major thoroughfare plan for the extension of major thoroughfares, streets, and public highways within McAllen and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

The rules and regulations of Chapter 5 of this UDC.

Generally. The Planning Director shall review each amending plat submitted pursuant to this UDC and take the following action within thirty (30) days of the submittal date by the applicant, unless additional time is agreed to by the applicant:

Approved with Conditions Decision. If the amending plat is approved conditionally, the reasons for that action shall be stated in writing, a copy of which shall be transmitted to the applicant.

The Comprehensive Plan and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

The transportation plan and major thoroughfare plan for the extension of major thoroughfares, streets, and public highways within McAllen and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

The rules and regulations of Chapter 5 of this UDC.

The replat:

The replat:

Either:

A residential replat conforming to the provisions provided by Texas Local Government Code Section 212.015, and including a subdivision waiver petition shall comply with the following noticing requirements.

A residential replat conforming to the provisions provided by Texas Local Government Code Section 212.015, and not including a subdivision waiver petition shall comply with the following noticing requirements:

Development Team Review. The Planning Director shall review the replat application, send the application to other departments and entities for review (i.e., Engineering, Fire, Utilities, Traffic, Public Works, etc.), place the application on the next Planning and Zoning Commission agenda, and provide a recommendation to the Planning and Zoning Commission to:

If subsection A.3 applies and requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths (3/4) of the members present of the Planning and Zoning Commission. For a legal protest, written instruments signed by the owners of at least 20% of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Planning and Zoning Commission prior to the close of the public hearing.

The comprehensive plan and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

The transportation plan and major thoroughfare plan for the extension of major thoroughfares, streets, and public highways within McAllen and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

The rules and regulations of Chapter 5 of this UDC.

The replat may be recorded and is controlling over the preceding plat without vacation of that plat.

Replats are valid for thirty (30) months from the initial date of approval. The Planning and Zoning Commission may, upon written request of the owner or applicant and in conformity with the submittal requirements of this article, extend this term for only one (1) additional 6- month period.

The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold; or

If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat.

Initiation by Property Owner. An application for a plat vacation can be submitted before or after lots have been sold, however it must be acknowledged and approved by all property owners of lots reflected in the plat vacation.

Initiation by City Commission. If the City Commission, on its own motion, determines that the plat should be vacated in the interest of and to protect the public's health, safety, and welfare of the community; and:

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007 facade, as applicable.

A public hearing is required and shall comply with Section 6.1.9.

Development Team Review. The Planning Director shall review the plat vacation application, send the application to other departments and entities for review (i.e., Engineering, Fire, Utilities, Public Works, Traffic, etc.), place the application on the next Planning and Zoning Commission agenda, and provide a recommendation to the Planning and Zoning Commission to:

The requirements established in subsection B;

The comprehensive plan and its current and future streets, alleys, parks, playgrounds, and public utility facilities;

The transportation plan and major thoroughfare plan for the extension of major thoroughfares, streets, and public highways within McAllen and in its extraterritorial jurisdiction, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities; and

The rules and regulations of Chapter 5 of this UDC.

On the execution and recording of the vacating instrument, the previously filed plat shall have no effect.

The Planning and Zoning Commission, at its discretion, shall have the right to retain all or specific portions of right-of-way or easements shown on the plat being considered for vacation. However, the Planning and Zoning Commission shall consider a plat vacation upon satisfactory conveyance of easements or right-of-way in a separate legal document using forms provided by the City Attorney's office.

The Planning and Zoning Commission has approved the plat; and

The applicant has revised the plat to address any conditions imposed by the Planning and Zoning Commission with the approval of the plat.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

A public hearing is required and shall comply with Section 6.1.9.

The Zoning Board of Adjustment shall conduct a public hearing on the variance and shall render its decision after the hearing is closed.

The Zoning Board of Adjustment may, in whole or in part:

The concurring vote of 75% of the members of the Zoning Board of Adjustment is required to grant a variance per Texas Local Government Code § 211.009(c).

Nonconforming Uses. Permit the reconstruction, extension, or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use.

Building Setbacks. For existing buildings that were legally constructed prior to the effective date of this UDC, the Zoning Board of Adjustment may authorize a special exception to allow reconstruction of a building over a setback line or allow a building to be set back further than a build-to line established by this UDC.

Building Height. The Zoning Board of Adjustment may permit a building height that exceeds the maximum building height for that zoning district in which that building is located.

Landscaping. The Zoning Board of Adjustment may permit landscaping that varies by more than ten percent (10%) from the requirements of landscaping regulations.

Parking. In a case where the customary mode of transportation of a majority of the patrons, employees, and proprietors of any use, to and from the area in which that use is located, is other than by private automobile, required parking may be reduced up to fifty percent (50%) by the Zoning Board of Adjustment.

The Zoning Board of Adjustment shall not approve a variance unless it finds that:

The Zoning Board of Adjustment is authorized to hear and decide a special exception in accordance with this section.

A special exception is an allowed variation from the regulations of this UDC, but is differentiated from a variance in two ways as described below.

Special exceptions pertain to property owners and not properties themselves. A new property owner shall reapply for the special exception.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

A public hearing is required and shall comply with Section 6.1.9.

The Zoning Board of Adjustment shall conduct a public hearing on the special exception and shall render its decision after the hearing is closed.

The Zoning Board of Adjustment may, in whole or in part:

The concurring vote of 75% of the members of the Zoning Board of Adjustment is required to grant a special exception per Texas Local Government Code § 211.009(c).

In granting a special exception, the Zoning Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare, including but not limited to conditions specifying the period during which a nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this UDC.

The special exception is not contrary to the public interest; and

The spirit of the varied provision is observed and substantial justice is done.

Six (6) months have elapsed from the date of denial; or

Conditions relative to other property in the immediate vicinity, within the that six-month period, have been changed or acted on by the Zoning Board of Adjustment or City Commission so as to alter the facts and conditions on which the previous Board of Adjustment action was based.

This section establishes a provision for minor modifications associated with the review and approval of a Development, including improvements to existing structures or site features, as required in Chapter 4.

The purpose of minor modifications is to ensure that:

Minor modification requests must be clearly delineated graphically or in narrative format, as appropriate, on the Site Plan (or on the project's initial application), including a reference to the specific section within this UDC that allows consideration of a minor modification standard required in Chapter 4.

The applicable zoning district standards for a project shall not be reduced or varied using the minor modification process unless the standard is specifically cited as qualifying for minor modification in this UDC.

Approve the minor modification; or

Deny the minor modification.

The requested minor modification is consistent with the recommendations and policies of the City's Comprehensive Plan.

The proposed minor modification does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing the standards of other requirements.

The proposed minor modification does not attempt to modify the land uses allowed in the zoning district in which the subject property is located, or to add a land use not normally allowed in the zoning district.

The Applicant may appeal the Planning Director's decision within thirty (30) calendar days of the Planning Director providing a written decision to the applicant.

The appeal shall be placed on the next available Zoning Board of Adjustment agenda. The Zoning Board of Adjustment may either affirm, reverse, or modify the Planning Director's decision.

An applicant may request a subdivision waiver of a particular standard or requirement applicable to a preliminary plat, to construction plans, or where no preliminary plat application has been submitted for approval, to a final plat or a replat.

A subdivision waiver petition shall be specific in nature and shall only involve relief consideration for one standard or requirement.

An applicant may, if desired, submit more than one subdivision waiver petition if there are several standards or requirements at issue.

A request for a subdivision waiver shall be submitted in writing by the applicant with the recording of any plat or construction plan application.

No subdivision waiver may be considered or granted unless the applicant has made such written request.

The applicant's subdivision waiver request shall state the grounds for the subdivision waiver request and all failure to do so, shall result in denial of the application.

Noticing shall comply with Section 6.1.7 and Texas Local Government Code § 211.007(c), as applicable.

A public hearing is required and shall comply with Section 6.1.9.

Development Team Review. The Planning Director shall review the waiver application, send the application to other departments and entities for review (i.e., Planning, Fire, Utilities, Traffic, Public Works, etc.), place the application on the next Planning and Zoning Commission agenda, and provide a recommendation to the Planning and Zoning Commission to:

A subdivision waiver to regulations within this UDC may be approved only when, in the Planning and Zoning Commission's opinion, undue hardship shall result from strict compliance to the regulations.

The Planning and Zoning Commission shall consider the following factors:

No subdivision waiver shall be granted unless the Planning and Zoning Commission finds that:

If the subdivision waiver request is approved based upon false information, whether intentional or not, discovery of such false information shall nullify prior approval of the subdivision waiver and shall be grounds for reconsideration of the subdivision waiver request.

Generally, refer to Section 6.1.6B.

Within sixty (60) calendar days of 'applicant's receipt of the denial notice, a waiver applicant must have a complete application on file, including all required documentation and exhibits, including, without limitation:

The McAllen Historic Preservation Council shall conduct a public hearing on the waiver and shall render its decision after the hearing is closed.

The McAllen Historic Preservation Council may, in whole or in part:

A written notice of the McAllen Historic Preservation Council's decision, stating the reasons for approving or denying the hardship waiver application, shall be sent to the applicant by certified mail within five (5) business days after it is rendered.

If the McAllen Historic Preservation Council does not act within one hundred twenty (120) calendar days of the receipt of the waiver application, the application shall be deemed approved and a certificate of appropriateness granted.

The applicant cannot make reasonable beneficial use of or, for income-producing properties, the property is not capable of yielding a reasonable return, regardless of whether that return represents the most profitable return possible;

Reasonable efforts to find a party interested in acquiring the property and preserving it have failed;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would render it capable of yielding a reasonable return; and

The applicant consulted in good faith with the McAllen Historic Preservation Council, local preservation groups and interested parties in a diligent effort to seek an alternative that shall result in preservation of the property.

An applicant dissatisfied with the decision of the McAllen Historic Preservation Council of an economic hardship waiver may appeal the decision to the City Commission, citing that the decision is unjust, in whole or in part, and specifying the grounds of injustice.

An appeal shall be presented to the City Commission within five business days after the final decision of the McAllen Historic Preservation Council.

City Commission shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in this article.

Review and evaluate the request;

Consult with other staff as necessary;

Render an opinion; and

Provide the interpretation to the applicant in writing by regular mail.