Mcallen City Zoning Code
CHAPTER 7
Nonconformities
§ 7.1.1 Purpose.
This article governs uses, buildings, structures, lots, and other situations that came into existence legally prior to the effective date of this UDC or the effective date of future amendments to this UDC, but do not comply with or conform to one or more requirements of this UDC. All such situations are collectively referred to as "nonconformities."
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.1.2 General Policy.
While existing legal nonconformities may continue, this article is designed to curtail substantial investment in nonconformities to bring about their eventual improvement or elimination to preserve the integrity of this UDC and the character of McAllen. Any existing legal nonconformity or site condition that becomes nonconforming because of any subsequent rezoning or amendment to this text of this UDC may be continued or maintained only pursuant to this article. Also, this article intends to reduce vacancies, promote appropriate redevelopment and re-use of existing structures and lots, and establish requirements.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.1.3 Applicability.
A.
This article applies to any nonconformity. A "nonconformity" means any of the following on the effective date:
1.
Nonconforming Use (Section 7.2.1);
2.
Nonconforming Structure (Section 7.2.2);
3.
Nonconforming Lot (Section 7.2.3);
4.
Nonconforming Sign (Section 7.2.4); or
5.
Nonconforming Site Plan Improvements (Section 7.2.5).
B.
For the purpose of this article, the "effective date" means the effective date of this UDC or any amendment to this UDC that creates a nonconformity.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.1.4 Generally.
A.
Continuation of Nonconformities. Except provided below, the lawful use of a building or structure existing at the time of the adoption of this UDC may continue, even if the existing use, building, or structure does not conform to the provisions of this UDC for the district where it is located.
B.
Removal of Building or Structure. If a nonconforming use, building, or structure is removed from a lot, the nonconformity terminates. Any use, building, or structure established or constructed after that time shall comply with the provisions of this UDC in effect at that time.
C.
Replacing Damaged Buildings or Structures.
1.
If a nonconforming building or structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of the UDC.
2.
In the case of partial destruction of a nonconforming building or structure not exceeding seventy-five percent (75%) of its reasonable value, reconstruction shall be permitted by size and function, and cannot be expanded.
3.
A nonconforming building or structure or group of nonconforming buildings or structures that is damaged by disaster such as fire, flood, explosion, earthquake, tornado, highspeed natural wind, war, or riot, may be reconstructed or replaced subject to this article and erected as before if:
a.
The application for a permit is submitted within one (1) year of the disaster;
b.
The restored or reconstructed building or structure does not exceed the square footage of the area as it existed before the disaster; and
c.
The building or structure meets the McAllen Building Code.
4.
10% per year.
D.
Applications. The City shall not process applications if there is a nonconformity, unless:
1.
The application brings the property into conformity with this UDC; or
2.
The application is otherwise permitted by this UDC.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.1 Nonconforming Uses.
A.
Applicability. This section applies to any "nonconforming use," defined as a use that lawfully occupies a building or land on the effective date and that:
1.
Is no longer permitted in the applicable zoning district; or
2.
Would require a conditional use permit in the applicable zoning district.
B.
Generally. No existing building, structure, or premises devoted to a use not permitted by this UDC shall be enlarged or structurally altered unless required by law or court order, except as provided below.
C.
Discontinuance of Use. A building, structure, lot, or parcel where a nonconforming use is discontinued for at least one year, regardless of the intent of the owner or occupant of the premises, may not be occupied by a nonconforming use after that time.
D.
Change in Nonconforming Uses.
1.
A nonconforming use may change to a conforming use. After a nonconforming use changes to a conforming use, it may not change back to a nonconforming use.
2.
A nonconforming use conducted in a structure may change to another use within the same definition if it is not relocated or expanded.
3.
A nonconforming use not conducted in a structure, or one in which a structure is incidental to the use of the land, shall not change to any other nonconforming use.
4.
A nonconforming use of any classification shall not be added where there is already an existing nonconforming use.
E.
Expansion or Enlargement of Nonconforming Uses. A nonconforming use may be extended only within the premises on which the nonconforming use was located on the effective date. "Premises" means the building where the use occurs and the accessory buildings, appurtenances, driveways, parking, and loading spaces.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.2 Nonconforming Structures.
A.
Applicability. This section applies to any "nonconforming structure." A "nonconforming structure" means a building or structure that:
1.
Lawfully exists on the effective date of this UDC or any amendment to this UDC that would cause the building or structure not to comply with this UDC; and
2.
Does not conform to all of the regulations of the zoning district in which it is located.
B.
Continuance of Nonconforming Structures. Except as provided below, any nonconforming structure may be occupied and operated if maintained in a state of good repair.
C.
Expansion.
1.
Unless specified otherwise in this UDC, a nonconforming structure on a lot may expand one time by as much as twenty-five percent (25%) of the building's square footage if:
a.
The expansion does not encroach into required setbacks;
b.
Paved parking, sidewalks, and landscaping, as required by this UDC, are provided; and
c.
The nonconforming building or structure is screened and buffered from adjacent uses and zones as determined by Article 4.6.
2.
The expansion is only allowed pursuant to the Planning Director's authorization.
3.
The expansion shall conform to all zoning district and development standards of this UDC and shall not create a new nonconformity.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.3 Nonconforming Lots.
A.
Applicability. This section applies to any nonconforming lot. A "nonconforming lot" is a lot of record that, on the effective date of this UDC or any ordinance that establishes a minimum or maximum lot area, frontage, or lot width, is:
1.
Not in compliance with the minimum or maximum lot area, frontage, or lot width;
2.
Lawfully existing and of record; and
3.
Held in separate and different ownership from any lot immediately adjoining and having continuous frontage.
B.
New Construction.
1.
In all districts, a nonconforming lot may be used as the building site for any use permitted in that district. No newly created or platted lot shall result in a nonconforming lot.
2.
Where a lot of record at the effective date of this UDC does not meet the minimum lot size or lot width required in the district 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 non-dwelling use permitted in the district in which it is located, as long as it meets all other requirements of this chapter. If such lot does not meet the minimum lot width requirement, 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 3 1/2 feet, subject to all applicable building and fire code requirements.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.4 Nonconforming Signs.
A.
Applicability. Permanent signs that were allowed before the effective date are allowed to remain and may be maintained and repaired as necessary. Signs that this UDC prohibits shall be modified to conform, replaced with a conforming sign, or removed according to the following:
1.
If the lot on which the nonconforming sign is located requires any approval or permit that is subject to the site plan process;
2.
If there is a change in business ownership, tenant, name, or type of business;
3.
If any maintenance, repair, or alteration exceeds fifty percent (50%) of the current value of the sign as of the date of alteration or repair; or
4.
If the use of the lot on which the sign is located has been discontinued for ninety (90) days or longer.
B.
Exceptions.
1.
Nonconforming Subdivision Entry Signs. A nonconforming subdivision entry sign that was first installed or erected before the effective date, may continue to be maintained in the current configuration unless the sign requires any maintenance, repair, or alteration that exceeds fifty percent (50%) of the current value of the sign as of the date of alteration or repair.
2.
Signs with Nonconforming Electronic Message Centers. A sign with an electronic message center that does not conform with the area limitations or technological standards of this UDC that was first installed or erected before the effective date, may continue to be maintained, repaired, altered, or replaced so long as the modifications do not enlarge the area of the electronic message center or make it more nonconforming under the standards of this UDC.
C.
Sign Removal.
1.
If a building, structure, or premises is vacant for a six-month period of time, the owner of the premises shall remove any sign messages located on the premises. Additionally, the facade of the building, structure, or premises shall be restored to its condition before the sign's installation.
2.
If the owner has not removed an abandoned sign after six (6) months, the Building Official shall notify the property owner in writing that the sign must be removed within thirty (30) days.
3.
The notice shall be mailed to the owner or agent of the property by certified mail, return receipt requested, or by personal service.
4.
If the property is unoccupied and the owner is a nonresident, then the notice may be served by certified mail, return receipt requested, to the last known address of the owner.
5.
If the owner does not remove the sign or appeal within thirty (30) days after the notice is mailed, the City may remove the sign and assess the cost of removal to the owner of the property on which the sign was placed.
6.
The City Secretary shall mail a statement of the costs for the removal of an abandoned sign or signs to the last known address of the owner of record of the property.
7.
The statement of costs shall be mailed to the owner or agent of the property by certified mail, return receipt requested, or by personal service.
8.
If the property is unoccupied and the owner is a nonresident, then the statement of costs may be served by certified mail, return receipt requested, to the last known address of the owner.
9.
If the costs are not paid within sixty (60) days of the date the notice is mailed, the City may put a lien on the property.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.5 Nonconforming Site Plan Improvements.
A.
Applicability.
1.
This section applies to any nonconforming site plan improvements. "A "Nonconforming Site Improvement" is a situation that occurs when, on the effective date:
a.
An existing site plan feature on a lot (including but not limited to parking areas, storm drainage facilities, sidewalks, and landscaping) no longer conforms to the applicable regulations of this UDC; or
b.
The lot does not include site plan improvement features required by this UDC for any existing use, building or structure on the lot.
2.
This section does not apply to one-time repairs and renovations of less than ten percent (10%) of the structural value of a structure or site improvements.
B.
Generally. On lots with nonconforming site plan improvements, additions to, or exterior repairs or alterations of any building, structure or site improvement that increases the square footage by greater than two thousand (2,000) square feet or twenty-five percent (25%), whichever is greater, are not allowed, unless:
1.
The nonconforming site plan improvements are brought into complete conformity with the regulations applicable to the use, building, structure, or zoning district; or
2.
The activity is authorized by a site plan approved by the Planning and Zoning Commission.
C.
Standards. When an addition to, or repairs or alterations to, any structure or site improvement is proposed on a lot with a nonconforming site plan improvement, the Planning and Zoning Commission may approve a site plan allowing the addition, repairs, or renovation if:
1.
The nonconforming site plan improvement(s) is the only nonconformity pertaining to the property;
2.
Compliance with the site plan improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements are not reasonably possible;
3.
The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety; and
4.
If needed, the owner commits to other site design measures to reduce negative impacts associated with the nonconformity or to accomplish the purpose of the required site plan improvement.
(Ordinance 2026-16 adopted 2/9/2026)
§ 7.2.6 Nonconforming Uses Created by Right-of-Way Acquisition.
A.
Definitions.
Curative measures.
Those actions, corrections, repairs and/or improvements identified in an appraisal or similar valuation analysis prepared in the context of considering Damages to the Remainder.
Damages to the remainder.
The diminution or reduction in value of the remainder property suffered as a result of the acquisition of a portion of a property for a public purpose.
Governmental agency.
United States of America, State of Texas, County of Hidalgo, City of McAllen, or any other governmental agency having jurisdiction in the City of McAllen with the ability to exercise eminent domain powers.
Right-of-way acquisition.
The securing of right-of-way through negotiation, purchase, bargain, trade, donation, condemnation or other means, but not including the dedication of right-of-way through the platting or zoning processes.
B.
Generally. In the event right-of-way acquisition by a governmental agency causes a property or its improvements to be in violation of city zoning ordinances, said property shall be exempt from said provisions to the extent said violation is caused by the right-of-way acquisition, subject to the following:
1.
Property which undergoes a zoning change initiated by the property owner subsequent to right-of-way acquisition shall no longer be subject to this exemption and shall instead have a nonconforming status to the extent that any nonconformance with city ordinances resulted from a right-of-way acquisition by a governmental agency prior to the rezoning and shall therefore be treated as a nonconforming use pursuant to the provisions of this chapter rather than exempt as provided above. However, a zoning change initiated by the city shall not cause a property to lose the exemption provided by this section for properties affected by right-of-way acquisitions.
2.
Nothing provided in this provision shall be construed to permit any obstruction which may create a traffic safety hazard or any other safety hazard.
3.
Compensation provided; exemption inapplicable.
a.
If a governmental agency provides compensation to a property owner for the demolition of improvements or for other curative measures which renders the property or its improvements to be in violation of city zoning ordinances, then the property shall not be eligible for exemptions under this section.
b.
The Building Official is authorized to provide notice to any affected property owner, lienholder, or certificate of occupancy holder, listing the items of noncompliance for which no exemption is being provided under this section.
c.
The Building Official is authorized to file an affidavit in the Dallas County Deed Records noting such noncompliance, that the property has been compensated for said noncompliance, and that a certificate of occupancy shall not be issued until such noncompliance is cured.
d.
Once the property and its improvements are brought into full compliance with all applicable ordinances of the city, the Building Official will be authorized to file an affidavit in the Dallas County Deed Records noting such compliance.
4.
The Building Official is authorized to revoke a certificate of occupancy for any building or structure for which compensation has been paid to be demolished as part of a right-of-way acquisition by a governmental agency.
5.
A certificate of occupancy shall not be issued for any building or structure for which compensation has been paid to be demolished or for other curative measures until such time that the property and its improvements either come into full compliance with all applicable ordinances of the city or the curative measures, for which the compensation was paid, have been completed.
(Ordinance 2026-16 adopted 2/9/2026)
