Mcallen, TX Zoning Ordinance

At the time of submission of any original or amended subdivision plat to the planning and zoning commission for approval, the planning and zoning commission shall have the power and authority to accept and approve any building setback lines projected on such plat or plats, even though such building setback lines may not be in compliance with the requirements set out in this chapter.

Where setbacks have been established by the planning and zoning commission on a plat of record, those setbacks shall be enforced even though not in compliance with the restrictions set forth in this chapter.

The ordinary projections of sills, eaves, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.

Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a required yard, may be permitted by the building official for a distance not to exceed five feet when these are so placed as not to obstruct light and ventilation.

(1966 Code, § 32-58(1))

§ 138-367 Front yards.

When 50 percent or more of the frontage on one side of a street on any one block is improved with buildings that have a front yard which is greater than the required front yard in the district, no new building shall project beyond the average front yard so established or the front yard setback set by this chapter.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.

In a residential district, no fence, structure or planting higher than three feet above the streetflow gutter line shall be maintained within 25 feet of the curb intersection. Palm trees or similar small trunk trees or vegetation may occupy this area provided that the foliage is continuously trimmed a minimum of eight feet above street grade.

Filling station pumps and pump islands may be located within a required yard provided they are not less than 13 feet from any property line or 18 feet from the curb, whichever is greater, and not less than 100 feet from any residential district boundary.

(1966 Code, § 32-58(2); Ordinance 2021-80, § I, adopted 10/11/2021)

§ 138-368 Side yards.

On a corner lot in all districts, the width of the side yard along the street shall not be less than ten feet provided that the buildable width of such a lot of record shall not be reduced to less than 38 feet. This regulation shall not apply to those lots of record which have existing buildings prior to the date of the ordinance from which this chapter is derived. However, should these buildings be removed, destroyed or in any way eliminated from the property, they shall thereafter comply with this chapter. Corner lots subdivided after the date of the ordinance from which this chapter is derived shall be at least four feet wider than the minimum lot size in residential zones and ten feet wider in commercial zones.

No accessory building shall project into the required yard along any street.

Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than four feet from any side lot line or eight feet from a corner property line.

For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot.

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived is less than 50 feet in width, the required side yard may be reduced to ten percent of the width of the lot, provided that no side yard shall be less than 3½ feet.

Community buildings, museums, libraries and other permitted public buildings shall be located not less than 40 feet from any side lot line when located in an R-1, R-2 or R-3 zoning district.

(1966 Code, § 32-58(3))

§ 138-369 Rear yards.

An accessory building in a residential district shall not exceed 25 feet in height. An accessory building shall be no closer than five feet to the main building except where a firewall is provided.

(1966 Code, § 32-58(4); Ordinance 2017-08, § I, adopted 1/23/2017)

§ 138-370 Lot area per family.

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived has less area or width than required by this chapter in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, such lot may nonetheless be used for a one-family dwelling or for any nondwelling use permitted in the district in which it is located, as long as it meets all other requirements of this chapter.

(1966 Code, § 32-58(5))

§ 138-371 Special exception for carports.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a carport when, in the opinion of the board:

There is no adequate vehicular access to an area behind the required front building line that would accommodate a parking space; and

The carport will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the carport

The materials to be used in construction of the carport

Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.

If the zoning board of adjustment grants a special exception as provided in this section, the site plan and the minutes of the zoning board of adjustment meeting shall be officially recorded with Hidalgo County.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

A new special exception shall be required upon any change or transfer in ownership of the underlying tract; a special exception granted to a previous applicant does not confer any right to any other individual or corporation to maintain the carport without approval from the zoning board of adjustment.

No carport for which a special exception has been granted under this subsection shall exceed 400 square feet in size.

(Ordinance 2018-70, § I, adopted 10/8/2018; Ordinance 2023-85 adopted 6/26/2023)

§ 138-372 Special exception for tree houses.

For purposes of this section, "tree house" shall mean a structure built in the branches of a tree for children to play in that is not equipped with electricity, water, plumbing, or sewage.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a tree house when, in the opinion of the board:

There are no safety concerns regarding the location of the tree house; and

The tree house will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the tree house.

The materials to be used in construction of the tree house.

Tree houses granted a special exception under this section shall not be used for any purpose except for the temporary recreational use of children; nothing in this section shall be interpreted to permit a tree house to serve as overnight lodging, accommodations or a dwelling.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

(Ordinance 2020-36, § I, adopted 7/27/2020)

§ 138-391 Definitions.

Automated-service

means a facility where a vehicle is driven by the owner or operator through an automated tunnel or structure for washing and drying but the owner or operator vacuums the vehicle with equipment provided by the facility. Minimal staff will be on-site at the facility.

Carwash

means a facility for the washing or steam cleaning of vehicles.

Full-service

means a facility where operating functions are performed entirely by the facility with the use of washing, waxing, drying, and vacuuming equipment supplemented with manual detailing. Employees will be on-site at the facility.

Self-service

means a facility where a vehicle may be manually washed, sprayed, dried or vacuumed by its owner or operator with equipment provided by the facility. Typically, no employees will be on-site at the facility.

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-392 Light commercial (C-3L) districts or lesser.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

A carwash shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m.

A carwash shall only be self-service; no automated-service or full-service carwashes are permitted.

All bays and overhead doors shall be oriented away from any residential district.

Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-393 General commercial (C-3) districts or higher.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

All bays and overhead doors shall be oriented away from any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

Each carwash must adhere to the applicable stacking requirements of the city access management policy, as it may be amended from time-to-time.

Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.

(Ordinance 2024-111 adopted 10/28/2024)

Mcallen City Zoning Code

ARTICLE VI

SUPPLEMENTARY DISTRICT REGULATIONS

§ 138-356 Table of height and yard requirements.

Table of Height and Yard Requirements
District	Minimum Lot Area¹	Minimum Yard Requirements⁸			Maximum Height	Minimum Lot Width Along Front	Maximum Building Coverage as a Percent of Total Lot Area	Maximum Number of Dwelling Units per Gross Acre	Minimum Parking Required in Accordance with Off-street Parking Ordinance
District	Minimum Lot Area¹	Front	Each/Total Side	Rear	Maximum Height	Minimum Lot Width Along Front	Maximum Building Coverage as a Percent of Total Lot Area	Maximum Number of Dwelling Units per Gross Acre
A-O Agricultural open space	5 acres	50¹	20^{1, 2}	20¹	25^{1, 9}	165′	—	0.2	2 per d.u.
R-1^{7, 14} Single-family	5,000	25	6/12²	10	25⁹	50	—	8	2 per d.u.
R-2 Duplex	5,600	20	6/12^{2, 3}	10²	25⁹	50	—	16	See footnote no. 6
Triplex	6,700	20	6/12^{2, 3}	10²	25⁹	50	—	20
Quadplex	7,800	20	6/12^{2, 3}	10²	25⁹	50	—	22
R-3A and R-3C⁵	7,000¹²								See footnote no. 6
Apartments and condominiums	0 br 800
	1 br 1,000
	2 br 1,250
	3 br 1,500	20	6/12^{2, 3}	10²	25⁹	50	—	54/29¹³
R-3T⁵ Townhouses	2,000	10²	0^{2, 10}	0^{2, 10}	25⁹	20	—	20
R-4 Mobile home	See mobile home parks, chapter 122, article II, and subdivisions, chapter 134.
C-1 Office building	None⁴	See footnote no. 11						N/A	See off-street parking, article VII of this chapter
C-2 Neighborhood commercial	None⁴	See footnote no. 11						N/A
C-3L Light commercial	None⁴	See footnote no. 11						N/A
C-3 General business	None⁴	See footnote no. 11						N/A
C-4 Commercial-industrial	None⁴	See footnote no. 11						N/A
I-1 Light industrial	—	See footnote no. 11						N/A
I-2 Heavy industrial	None⁴	See footnote no. 11						N/A

Footnotes:
1.	Minimum lot area: The gross area of the lot includes internal sidewalks, recreation areas, floor space, parking area, open space and utility easements, but does not include any public right-of-way street easements or alley easements.
2.	Entrances to a garage or enclosed carport shall be a minimum of 18 feet from streets or alleys in the A-O, R-1, R-2, R-3A, R-3C and R-3T districts unless otherwise specified by the planning and zoning commission.
3.	R-3A and R-3C apartments and condominiums district:
	a.	Units on individual lots shall meet side yard requirements of six feet per side, with a total separation of 12 feet.
	b.	Side yard setbacks on corner lots shall be ten feet, except as provided in footnote no. 2.
	c.	Units on the same parcel shall be separated by at least 12 feet.
4.	Where a minimum size is not specified, the intention of this chapter is that each lot shall be of sufficient size and dimension and with access to a public right-of-way and utilities for its intended use after complying with the requirements set forth in this chapter and other applicable ordinances and is compatible with those uses around it.
5.	Unenclosed carports accessing and abutting an alley may be built up to the rear property line in the R-3A and R-3C zone districts.
6.	See off-street parking and loading, article VII of this chapter.
7.	Only one primary residential structure may be erected on an R-1, R-2 or R-3T zoning district lot; and only one single-family residential structure may be erected on an R-3A or R-3C zoning district lot.
8.	The board of commissioners has the power to pass an ordinance establishing a setback line greater than in the above table where exceptional conditions so require.
9.	Where a structure exceeds the 25-foot height maximum, it shall be set back one additional foot for each foot above 25 feet.
10.	Where a townhouse is not separated from an adjacent structure by a firewall, the setback from each side lot line shall be six feet each side. Side yard setback on corner lots shall be ten feet, except as provided in footnote no. 2.
11.	Standards and specifications:
	a.	Setback, area and height limitations in commercial areas (in general):
		(1)	The limitations on setbacks, area and height are intended to control all areas zoned and platted for commercial uses after the adoption of the ordinance from which this chapter is derived. Recognizing the inherent problems affecting property in the central business district, these restrictions will not be applicable in that area. Parcels zoned and platted for commercial purposes existing at the time of the adoption of the ordinance from which this chapter is derived that are 50 feet or less in width are also exempted from these restrictions. In those instances, reference will be made to the 1945 zoning ordinance as controlling these areas.
		(2)	All commercially and industrially zoned property that has frontage along U.S. Business 83 shall be exempted from the setback requirements set forth in this chapter, and shall be controlled by the 1945 zoning ordinance which is on file in the city secretary's office. The exemption from setbacks shall be tied to the zoning designation, regardless of the date that such zoning became or becomes effective.
	b.	Setback, area and height limitations in commercial areas (specific):
		(1)	A ten-foot side yard setback shall be required on corner lots.
		(2)	The minimum width of a building site shall be 50 feet of frontage on a public street.
		(3)	The minimum front yard setback shall be equal to 15 feet.
		(4)	Side yard setbacks from all lot lines shall be one foot back for each two feet in height including corner lots or, if not adjacent to residential uses, may provide a firewall in accordance with Building Code requirements in lieu of a setback.
		(5)	Rear yard setbacks shall be five feet.
		(6)	The height of buildings may not exceed the depth of the front yard plus the width of the street right-of-way which it faces. In a C-1 or C-3L zone districts the maximum height shall not exceed two stories.
12.	Seven thousand square feet represents the minimum lot area for any R-3 multifamily residential district use, exclusive of townhouse. Zero bedrooms, 800 square feet; three bedrooms, 1,500 square feet, represents the "minimum lot area/dwelling unit in square feet" permitted within this control category. To determine the permitted number of dwelling units in the R-3 multifamily residential district, divide the "minimum lot area per dwelling unit" for the type of unit desired (or the average for a variety) into the lot area for the parcel in question. The resulting quotient is the maximum number of dwelling units permitted, e.g.:

80-foot by 120-foot lot = 9,600 square feet
0 br. 800 square feet	9600 800	=	12
Maximum dwelling units on 9,600-square-foot lot = 12 efficiencies
1 br.	9600 1000	=	9
2 br.	9600 1250	=	7
3 br.	9600 1500	=	6

13.

	43,560 800	=	54
	43,560 1,500	=	29

14.	A lot of record or a lot within a recorded subdivision with an application date prior to November 8, 1999 shall comply with the table of height and yard requirements for single-family uses set forth in the 1979 Zoning Ordinance.

§ 138-366 Setbacks.

The ordinary projections of sills, eaves, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.

(1966 Code, § 32-58(1))

§ 138-367 Front yards.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.

(1966 Code, § 32-58(2); Ordinance 2021-80, § I, adopted 10/11/2021)

§ 138-368 Side yards.

No accessory building shall project into the required yard along any street.

Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot.

Community buildings, museums, libraries and other permitted public buildings shall be located not less than 40 feet from any side lot line when located in an R-1, R-2 or R-3 zoning district.

(1966 Code, § 32-58(3))

§ 138-369 Rear yards.

An accessory building in a residential district shall not exceed 25 feet in height. An accessory building shall be no closer than five feet to the main building except where a firewall is provided.

(1966 Code, § 32-58(4); Ordinance 2017-08, § I, adopted 1/23/2017)

§ 138-370 Lot area per family.

(1966 Code, § 32-58(5))

§ 138-371 Special exception for carports.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a carport when, in the opinion of the board:

There is no adequate vehicular access to an area behind the required front building line that would accommodate a parking space; and

The carport will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the carport

The materials to be used in construction of the carport

Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

No carport for which a special exception has been granted under this subsection shall exceed 400 square feet in size.

(Ordinance 2018-70, § I, adopted 10/8/2018; Ordinance 2023-85 adopted 6/26/2023)

§ 138-372 Special exception for tree houses.

For purposes of this section, "tree house" shall mean a structure built in the branches of a tree for children to play in that is not equipped with electricity, water, plumbing, or sewage.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a tree house when, in the opinion of the board:

There are no safety concerns regarding the location of the tree house; and

The tree house will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the tree house.

The materials to be used in construction of the tree house.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

(Ordinance 2020-36, § I, adopted 7/27/2020)

§ 138-391 Definitions.

Automated-service

Carwash

means a facility for the washing or steam cleaning of vehicles.

Full-service

Self-service

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-392 Light commercial (C-3L) districts or lesser.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

A carwash shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m.

A carwash shall only be self-service; no automated-service or full-service carwashes are permitted.

All bays and overhead doors shall be oriented away from any residential district.

Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-393 General commercial (C-3) districts or higher.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

All bays and overhead doors shall be oriented away from any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

Each carwash must adhere to the applicable stacking requirements of the city access management policy, as it may be amended from time-to-time.

Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.

(Ordinance 2024-111 adopted 10/28/2024)

Mcallen City Zoning Code

ARTICLE VI

SUPPLEMENTARY DISTRICT REGULATIONS

§ 138-356 Table of height and yard requirements.

Table of Height and Yard Requirements
District	Minimum Lot Area¹	Minimum Yard Requirements⁸			Maximum Height	Minimum Lot Width Along Front	Maximum Building Coverage as a Percent of Total Lot Area	Maximum Number of Dwelling Units per Gross Acre	Minimum Parking Required in Accordance with Off-street Parking Ordinance
District	Minimum Lot Area¹	Front	Each/Total Side	Rear	Maximum Height	Minimum Lot Width Along Front	Maximum Building Coverage as a Percent of Total Lot Area	Maximum Number of Dwelling Units per Gross Acre
A-O Agricultural open space	5 acres	50¹	20^{1, 2}	20¹	25^{1, 9}	165′	—	0.2	2 per d.u.
R-1^{7, 14} Single-family	5,000	25	6/12²	10	25⁹	50	—	8	2 per d.u.
R-2 Duplex	5,600	20	6/12^{2, 3}	10²	25⁹	50	—	16	See footnote no. 6
Triplex	6,700	20	6/12^{2, 3}	10²	25⁹	50	—	20
Quadplex	7,800	20	6/12^{2, 3}	10²	25⁹	50	—	22
R-3A and R-3C⁵	7,000¹²								See footnote no. 6
Apartments and condominiums	0 br 800
	1 br 1,000
	2 br 1,250
	3 br 1,500	20	6/12^{2, 3}	10²	25⁹	50	—	54/29¹³
R-3T⁵ Townhouses	2,000	10²	0^{2, 10}	0^{2, 10}	25⁹	20	—	20
R-4 Mobile home	See mobile home parks, chapter 122, article II, and subdivisions, chapter 134.
C-1 Office building	None⁴	See footnote no. 11						N/A	See off-street parking, article VII of this chapter
C-2 Neighborhood commercial	None⁴	See footnote no. 11						N/A
C-3L Light commercial	None⁴	See footnote no. 11						N/A
C-3 General business	None⁴	See footnote no. 11						N/A
C-4 Commercial-industrial	None⁴	See footnote no. 11						N/A
I-1 Light industrial	—	See footnote no. 11						N/A
I-2 Heavy industrial	None⁴	See footnote no. 11						N/A

Footnotes:
1.	Minimum lot area: The gross area of the lot includes internal sidewalks, recreation areas, floor space, parking area, open space and utility easements, but does not include any public right-of-way street easements or alley easements.
2.	Entrances to a garage or enclosed carport shall be a minimum of 18 feet from streets or alleys in the A-O, R-1, R-2, R-3A, R-3C and R-3T districts unless otherwise specified by the planning and zoning commission.
3.	R-3A and R-3C apartments and condominiums district:
	a.	Units on individual lots shall meet side yard requirements of six feet per side, with a total separation of 12 feet.
	b.	Side yard setbacks on corner lots shall be ten feet, except as provided in footnote no. 2.
	c.	Units on the same parcel shall be separated by at least 12 feet.
4.	Where a minimum size is not specified, the intention of this chapter is that each lot shall be of sufficient size and dimension and with access to a public right-of-way and utilities for its intended use after complying with the requirements set forth in this chapter and other applicable ordinances and is compatible with those uses around it.
5.	Unenclosed carports accessing and abutting an alley may be built up to the rear property line in the R-3A and R-3C zone districts.
6.	See off-street parking and loading, article VII of this chapter.
7.	Only one primary residential structure may be erected on an R-1, R-2 or R-3T zoning district lot; and only one single-family residential structure may be erected on an R-3A or R-3C zoning district lot.
8.	The board of commissioners has the power to pass an ordinance establishing a setback line greater than in the above table where exceptional conditions so require.
9.	Where a structure exceeds the 25-foot height maximum, it shall be set back one additional foot for each foot above 25 feet.
10.	Where a townhouse is not separated from an adjacent structure by a firewall, the setback from each side lot line shall be six feet each side. Side yard setback on corner lots shall be ten feet, except as provided in footnote no. 2.
11.	Standards and specifications:
	a.	Setback, area and height limitations in commercial areas (in general):
		(1)	The limitations on setbacks, area and height are intended to control all areas zoned and platted for commercial uses after the adoption of the ordinance from which this chapter is derived. Recognizing the inherent problems affecting property in the central business district, these restrictions will not be applicable in that area. Parcels zoned and platted for commercial purposes existing at the time of the adoption of the ordinance from which this chapter is derived that are 50 feet or less in width are also exempted from these restrictions. In those instances, reference will be made to the 1945 zoning ordinance as controlling these areas.
		(2)	All commercially and industrially zoned property that has frontage along U.S. Business 83 shall be exempted from the setback requirements set forth in this chapter, and shall be controlled by the 1945 zoning ordinance which is on file in the city secretary's office. The exemption from setbacks shall be tied to the zoning designation, regardless of the date that such zoning became or becomes effective.
	b.	Setback, area and height limitations in commercial areas (specific):
		(1)	A ten-foot side yard setback shall be required on corner lots.
		(2)	The minimum width of a building site shall be 50 feet of frontage on a public street.
		(3)	The minimum front yard setback shall be equal to 15 feet.
		(4)	Side yard setbacks from all lot lines shall be one foot back for each two feet in height including corner lots or, if not adjacent to residential uses, may provide a firewall in accordance with Building Code requirements in lieu of a setback.
		(5)	Rear yard setbacks shall be five feet.
		(6)	The height of buildings may not exceed the depth of the front yard plus the width of the street right-of-way which it faces. In a C-1 or C-3L zone districts the maximum height shall not exceed two stories.
12.	Seven thousand square feet represents the minimum lot area for any R-3 multifamily residential district use, exclusive of townhouse. Zero bedrooms, 800 square feet; three bedrooms, 1,500 square feet, represents the "minimum lot area/dwelling unit in square feet" permitted within this control category. To determine the permitted number of dwelling units in the R-3 multifamily residential district, divide the "minimum lot area per dwelling unit" for the type of unit desired (or the average for a variety) into the lot area for the parcel in question. The resulting quotient is the maximum number of dwelling units permitted, e.g.:

80-foot by 120-foot lot = 9,600 square feet
0 br. 800 square feet	9600 800	=	12
Maximum dwelling units on 9,600-square-foot lot = 12 efficiencies
1 br.	9600 1000	=	9
2 br.	9600 1250	=	7
3 br.	9600 1500	=	6

13.

	43,560 800	=	54
	43,560 1,500	=	29

14.	A lot of record or a lot within a recorded subdivision with an application date prior to November 8, 1999 shall comply with the table of height and yard requirements for single-family uses set forth in the 1979 Zoning Ordinance.

§ 138-366 Setbacks.

The ordinary projections of sills, eaves, cornices and ornamental features may extend to a distance not to exceed 24 inches into a required yard.

(1966 Code, § 32-58(1))

§ 138-367 Front yards.

Where lots have double frontage, running through from one street to another, a required front yard shall be provided on one street only.

(1966 Code, § 32-58(2); Ordinance 2021-80, § I, adopted 10/11/2021)

§ 138-368 Side yards.

No accessory building shall project into the required yard along any street.

Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

For the purpose of side yard regulations, a multiple dwelling shall be considered as one building occupying one lot.

Community buildings, museums, libraries and other permitted public buildings shall be located not less than 40 feet from any side lot line when located in an R-1, R-2 or R-3 zoning district.

(1966 Code, § 32-58(3))

§ 138-369 Rear yards.

An accessory building in a residential district shall not exceed 25 feet in height. An accessory building shall be no closer than five feet to the main building except where a firewall is provided.

(1966 Code, § 32-58(4); Ordinance 2017-08, § I, adopted 1/23/2017)

§ 138-370 Lot area per family.

(1966 Code, § 32-58(5))

§ 138-371 Special exception for carports.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a carport when, in the opinion of the board:

There is no adequate vehicular access to an area behind the required front building line that would accommodate a parking space; and

The carport will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the carport

The materials to be used in construction of the carport

Storage of items other than motor vehicles is prohibited in a carport for which a special exception has been granted under this subsection.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

No carport for which a special exception has been granted under this subsection shall exceed 400 square feet in size.

(Ordinance 2018-70, § I, adopted 10/8/2018; Ordinance 2023-85 adopted 6/26/2023)

§ 138-372 Special exception for tree houses.

For purposes of this section, "tree house" shall mean a structure built in the branches of a tree for children to play in that is not equipped with electricity, water, plumbing, or sewage.

The zoning board of adjustment may grant a special exception to the minimum setback requirements for a tree house when, in the opinion of the board:

There are no safety concerns regarding the location of the tree house; and

The tree house will not have a detrimental impact on surrounding properties.

In determining whether to grant this special exception, the board shall consider the following factors:

Whether the requested special exception is compatible with the character of the neighborhood.

Whether the value of surrounding properties will be adversely affected.

The suitability of the size and location of the tree house.

The materials to be used in construction of the tree house.

Any special exception granted under this chapter is granted solely to the applicant and may not be transferred, sold, inherited, bequeathed, or devised.

(Ordinance 2020-36, § I, adopted 7/27/2020)

§ 138-391 Definitions.

Automated-service

Carwash

means a facility for the washing or steam cleaning of vehicles.

Full-service

Self-service

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-392 Light commercial (C-3L) districts or lesser.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

A carwash shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m.

A carwash shall only be self-service; no automated-service or full-service carwashes are permitted.

All bays and overhead doors shall be oriented away from any residential district.

Carwashes shall not be located at the corner of any intersection of two minor arterial streets or higher pursuant to the city's thoroughfare plan.

(Ordinance 2024-111 adopted 10/28/2024)

§ 138-393 General commercial (C-3) districts or higher.

A carwash shall not be located within one hundred fifty (150) feet of any residential district.

All bays and overhead doors shall be oriented away from any residential district.

A carwash shall not be located within one half (0.5) mile of any other carwash.

Each carwash must adhere to the applicable stacking requirements of the city access management policy, as it may be amended from time-to-time.