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Mcallen City Zoning Code

ARTICLE VII

OFF-STREET PARKING AND LOADING

§ 138-394 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Central Business District (CBD)
means the area of the city lying between U.S. Business 83, Houston Avenue, Tenth Street and 18th Street.
Loading space.
One loading space is an area, the width and length of which shall exceed the dimensions of the type of vehicle to normally be parked in the space by a minimum of two feet, and no part of the area shall be closer than six feet from the back edge of the curb.
Maneuvering space
means the space required for maneuvering vehicles into and out of parking spaces in such a manner as to preclude the backing of any vehicle into any street right-of-way. Such maneuvering space shall be no closer than six feet from the back edge of the curb.
Off-street parking space.
One off-street parking space is an area, the width and length of which shall exceed the dimensions of the type of vehicle to normally be parked in the space by a minimum of two feet, and no part of the area shall be closer than six feet from the back edge of the curb.
(1966 Code, § 19½-2; Ordinance 2002-56, § 1, adopted 8/28/2002)

§ 138-395 Penalties for violation of article.

Any person violating any provision of this article within the corporate limits of the city shall be guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 1-14. Each day that such violation continues shall be a separate offense. Prosecution or conviction under this section shall never be a bar to any other remedy or relief provided for violation of this chapter.
(1966 Code, § 19½-12)

§ 138-396 Required.

In all districts there shall be provided at the time any building or structure is erected or structurally altered, off-street parking and maneuvering spaces in accordance with the minimum requirements set out in this article, except as otherwise provided in section 138-396. All parking and maneuvering space shall be provided on private property unless otherwise stated in this article. When, in the opinion of the city, the provisions of this article are not adequate, such additional requirements as may be necessary and desirable may be required.
(1966 Code, § 19½-1; Ordinance 2008-30, § 2, adopted 4/28/2008)

§ 138-397 Minimum requirements-No maneuvering space.

(a) 
Minimum requirements for off-street parking and loading spaces when no maneuvering space is required are as follows:
(1) 
Single-family, mobile/modular home, townhouse and duplex:
Two parking spaces per dwelling unit. One off-street parking for single-family uses shall be located beyond the front yard setback. Parking on landscape development areas required by section 110-48 is prohibited.
(2) 
Recreational vehicle space:
One parking space per approved recreational vehicle unit space or lot.
(3) 
It shall be unlawful for any owner or occupant of a single-family residence to park or allow a third party:
a. 
To park a vehicle on any unpaved area in the front yard or sidewalk of such single-family residence;
b. 
To park a vehicle on the side yard of an interior lot; or
c. 
To park a vehicle in the side or rear yard of a corner lot; except on a parking space constructed or installed in accordance with city standards and specifications as promulgated by the planning director and city engineer jointly.
(4) 
For purposes of subsection (3)a. above, continuous strips of pavement for the tires of a vehicle, otherwise known as Hollywood strips, are permissible. Further, nothing in this subsection shall be interpreted to prohibit the use of permeable pavers.
(b) 
This prohibition is applicable to any new or existing single-family residence notwithstanding subsection 138-86(1) regarding the date of the subdivision in which the residence is located, the date of annexation of the property on which the residence is located, or the fact that it was not unlawful to park or allow a vehicle to be parked in the front yard prior to the date this prohibition was adopted by the city commission. In the prosecution of any violation of this subsection there shall be a rebuttable presumption that the owner and/or occupant of the single-family residence either parked the vehicle or allowed the vehicle to be parked in the front yard.
(1966 Code, § 19½-3; Ordinance 1999-95, § 2, adopted 11/9/1999; Ordinance 2001-83, § 1, adopted 11/26/2001; Ordinance 2003-87, § 1, adopted 11/24/2003; Ordinance 2004-40, § 1, adopted 5/24/2004; Ordinance 2010-48, § I, adopted 8/9/2010; Ordinance 2020-60, § I, adopted 11/9/2020)

§ 138-398 Same-Maneuvering space required.

The minimum requirements for off-street parking and loading spaces when maneuvering space is required are as follows:
(a) 
Triplex, fourplex, apartment/condominium buildings with five or more units:
(1) 
1.5 parking spaces for each efficiency, studio apartment, and one bedroom living unit.
(2) 
Two parking spaces for each two or more bedrooms living unit.
(b) 
Church or temple: One parking space for each four seats in the main auditorium.
(c) 
School, elementary or middle (public or private) 1.5 parking spaces for each classroom and administrative office.
(d) 
School, high school or college (public or private): Five parking spaces per classroom and 1.5 parking spaces for each administrative office.
(e) 
Hospital: Three parking spaces for each bed.
(f) 
Nursing or convalescent home: One parking space for each three beds, plus one space for each 300 square feet of outpatient floor area contained therein.
(g) 
Theater or auditorium, except school: One parking space for each three seats or bench seating area.
(h) 
Bingo hall, commercial sports arena, stadium, or gymnasium: One parking space for each 2.5 seats or seating spaces.
(i) 
Hotel, motel, boardinghouse and bed and breakfast: One parking space for each sleeping room or suite plus one space for each 200 square feet of commercial floor area contained therein.
(j) 
Dancehall, assembly, exhibition hall without fixed seats, club or lodge: One parking space for each 100 square feet of floor area used therefor.
(k) 
Commercial development
(1) 
Four parking spaces for up to 400 square feet of floor area plus one parking space for each additional 400 square feet of floor area.
(2) 
For retail home improvement stores, or buildings containing over 5,000 square feet, a separate parking plan may be submitted, such plan to specifically show the following:
a. 
Number of spaces, ratio of space to floor area, and dimensions.
b. 
Driveway locations and driveway sizes.
c. 
Onsite traffic control, i.e., directional driveways, traffic control islands, handling of merging traffic, and such other methods and devices to show that the parking area will effectively handle the volume of cars at peak parking periods.
d. 
A study showing that the public rights-of-way abutting the parking area and onto which the driveways will be emptying are capable of handling the added traffic loads imposed by the parking being provided.
(3) 
Where a proposed commercial development located with[in] the central business district is required to have off-street parking in excess of the amount of land for parking purposes, a fee of $1,000.00 per space will be paid to the city in lieu of meeting the minimum parking requirements.
(l) 
Bowling alley: Five parking spaces for each alley.
(m) 
Mortuary or funeral home: One parking space for each 50 square feet of floor space in slumber room parlors or individual funeral service rooms.
(n) 
Restaurant, nightclub, cafe or similar recreation or amusement establishment: One parking space for each 100 square feet of floor area, or one space for each five seats, whichever is greater.
(o) 
Light industrial, research or testing laboratory, creamery, bottling plant or similar establishment: One parking space for each 500 square feet of enclosed floor area plus parking space to accommodate all trucks, trailers, and other vehicles in connection therewith.
(p) 
Heavy industry: One parking space for each 800 square feet of enclosed floor area plus parking space to accommodate all trucks, trailers, and other vehicles in connection therewith.
(q) 
Elderly housing or assisted living facility: One parking space per living unit.
(r) 
Group home or halfway house: One parking space for each four beds.
(s) 
General office or medical office: Four parking spaces for up to 200 square feet of floor area, plus one parking space for each additional 200 square feet of floor area.
(t) 
Warehouse or distribution center: One parking space for each 2,000 square feet of enclosed floor area, plus one parking space for each 200 square feet of office use, plus 0.5 additional trailer parking space for each accessible dock and/or overhead door and parking space to accommodate all trucks and other vehicles in connection therewith.
(u) 
Self-storage: A minimum of 3 parking spaces, one of which is to be accessible based upon Table 1 and consistent with the Texas Accessibility Standards of the Architectural Barriers Act Article 9102, Texas Civil Statutes, plus an additional parking space for each 250 square feet of office space should office space exceed 500 square feet.
(1966 Code, § 19½-4; Ordinance 1998-84, § 1, adopted 9/28/1998; Ordinance 2002-56, § 2, adopted 8/28/2002; Ordinance 2019-11, § I, adopted 2/25/2019; Ordinance 2019-46, § I, adopted 8/12/2019)

§ 138-399 Rules for computing parking requirements.

In the interpretation of the parking requirements set out in this article, the following rules shall apply:
(a) 
"Floor area" shall mean the gross floor area of the specific use.
(b) 
Where fractional spaces result, the parking spaces required shall be construed to be the largest whole.
(c) 
The parking space required for a use not specifically mentioned in this article shall be the same as required for a use of similar nature.
(d) 
After the effective date of the ordinance from which this chapter is derived, whenever a property is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase to ten percent or more in the number of existing parking spaces, such additional spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of the ordinance from which this chapter is derived is enlarged to the extent of 50 percent or more in floor area used, such building or use shall then and thereafter comply with the parking requirements set forth in this article.
Properties located within the central business district, or properties in compliance with a master plan or site plan approved prior to January 1, 1999, or conversion of commercial buildings existing prior to January 1, 1999 to office use where no addition is proposed, shall be controlled by the parking requirements in effect prior to the adoption of this section.
(e) 
In the case of mixed uses, the parking spaces required in this article shall equal the sum of the requirements of the various uses computed separately.
(f) 
Where none of the foregoing rules are applicable to an existing fact situation, the method for computing the parking requirement shall be the one established by Traffic Engineering Theory & Practice, by Louis Pisnatro, published by Prentice Hall, or Parking in the City Center, published by Wilbur Smith & Associates, New Haven, Connecticut, or other parking data from acceptable publications.
(g) 
Accessible parking spaces shall be provided for parking areas based upon Table 1 and consistent with the Texas Accessibility Standards of the Architectural Barriers Act Article 9102, Texas Civil Statutes.
Table 1
Number of Parking Spaces in Parking Area
Number of Accessible Parking Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20 plus 1 for each 100 over 1,000
One in every eight accessible parking spaces but not less than one shall be serviced by an access aisle eight feet wide minimum and shall be designated "van accessible" as specified in section 138-399(f).
(1966 Code, § 19½-5; Ordinance 1998-84, § 2, adopted 9/28/1998; Ordinance 1999-70, § 1, adopted 8/9/1999)

§ 138-400 Location of parking spaces for nonresidential uses.

(a) 
All parking spaces required in this article shall be located on the same property with the activity or establishment, except that where an increase in the number of spaces is required by a change in use or enlargement or where such spaces are provided by the establishment or provided collectively and used jointly by two or more activities or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.
(b) 
Not more than 50 percent of the parking spaces required for theaters, bowling alleys, dancehalls, nightclubs or cafes, and up to 100 percent of the parking spaces required for a church or school auditorium, may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments and similar uses not open, used or operated during the same hours; provided that written agreement thereto is properly executed and filed as specified below.
(c) 
In any case where the required parking spaces are not located on the same property with the activity or establishment, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes for a minimum period of five years shall be properly drawn and executed by the parties concerned, approved as to form by the city attorney, and shall be filed with the application for a building permit.
(d) 
Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
(1966 Code, § 19½-6; Ordinance 1999-70, § 2, adopted 8/9/1999)

§ 138-401 Loading space.

Every building or part thereof erected or occupied for commercial or industrial uses involving the receipt or distribution of materials or merchandise by vehicles shall provide off-street loading space in accordance with the following requirements:
(a) 
In C-1, C-2 or C-3 districts, one loading space for each 10,000 square feet, or fraction thereof, of floor area in the building.
(b) 
In C-4, I-1 or I-2 districts, one loading space for each 15,000 square feet, or fraction thereof, of floor area in the building.
(c) 
Minimum dimensions for loading space:
(1) 
Ninety-degree angle loading space.
Each 90-degree angle loading space shall not be less than 11 feet in width and 60 feet in length. Maneuvering space shall not be less than 65 feet.
(2) 
Forty-five-degree angle loading space.
Each 45-degree angle loading space shall not be less than 11 feet side perpendicular to the parking angle nor less than 60 feet in length when measured at right angle to the building or parking line. Maneuvering space shall be not less than 30 feet perpendicular to the building or parking line.
(1966 Code, § 19½-7; Ordinance 2002-56, § 3, adopted 8/28/2002)

§ 138-402 Minimum dimensions for off-street parking.

(a) 
Ninety-degree angle parking.
Each 90-degree angle parking space shall not be less than nine feet in width and 18 feet in length. Maneuvering space shall be not less than 24 feet.
(b) 
Sixty-degree angle parking.
Each 60-degree-angle parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 20 feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 16 feet perpendicular to the building or parking line.
(c) 
Forty-five-degree angle parking.
Each 45-degree-angle parking space shall be not less than nine feet wide perpendicular to the parking angle nor less than 18½ feet in length when measured at right angles to the building or parking line. Maneuvering space shall be not less than 12 feet perpendicular to the building or parking line.
(d) 
Off-street parking area adjacent to alley.
When off-street parking facilities are located adjacent to a public alley, the width of such alley may be assumed to be a portion of the maneuvering space requirement.
(e) 
Extra parking areas to comply with minimum area requirements.
When off-street parking facilities are provided in excess of the minimum amounts specified in this article, or when off-street parking facilities are provided, but not required by this article, such off-street parking facilities shall comply with the minimum requirements for parking and maneuvering space specified in this article.
(f) 
Accessible parking spaces.
(1) 
An access aisle not less than five feet in width for automobiles and eight feet in width for vans shall be required adjacent to designated accessible parking spaces, or otherwise conform with the Texas Accessibility Standards of the Architectural Barriers Act Article 9102, Texas Civil Statutes. An access route not less than three feet in width shall be provided from public transportation, accessible parking spaces, accessible passenger loading zones and public streets or sidewalks to the accessible building entrance.
(2) 
Each accessible parking space shall be designated as reserved by a vertically mounted or suspended sign at least 12 inches in width showing the symbol of accessibility. The required signage shall also include below the symbol for accessibility the words, "Class C Misdemeanor w/o Permit." Signage for van accessible spaces shall also display the words "Van Accessible" below the symbol for accessibility.
(3) 
Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ratio between 1:5 and 1:10 using an upper case "X" for measurement. The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background — either light characters on a dark background or dark characters on a light background.
(4) 
Post mounted signs shall have a minimum mounting height of seven feet within pedestrian areas. Post mounted signs not within pedestrian areas or wall mounted signs shall have a minimum mounting height of five feet. Curb ramps with a minimum width of three feet and a maximum slope of 1:12 shall be provided wherever an accessible route crosses a curb. Maximum slope of 1:10 shall be provided for flared sides for curb ramps within accessible routes and for built-up curb ramps within parking areas.
(1966 Code, § 19½-8; Ordinance 1999-70, § 3, adopted 8/9/1999; Ordinance 2003-92, § 1, adopted 12/8/2003)

§ 138-403 Pavement, signage and lighting standards.

(a) 
All off-street parking, maneuvering and loading spaces, including industrial, commercial and residential parking lots, shall be paved according to city standards and specifications. The parking lanes must be clearly marked by white paint, buttons or other approved material.
(b) 
Pavement surface shall be maintained free of litter, debris, loose gravel, cracks and potholes. Pavement striping and markings shall be installed according to city standards and specifications. Pavement striping and markings shall be maintained free of fading, cracks, tears and gaps. Parking lot signage shall be installed according to city standards and specifications. Parking lot signage shall be maintained free of faded signs, bent or leaning poles, graffiti, damaged or missing signage. Parking lot lighting shall be installed according to city standards and specifications. Parking lot lighting shall be maintained free of bent or leaning poles, missing, broken or inoperable bulbs or fixtures.
(c) 
Lighting in parking lots located next to residentially zoned properties or uses shall employ cut-off fixtures to direct light away from residences.
(1966 Code, § 19½-9; Ordinance 2010-48, § II, adopted 8/9/2010; Ordinance 2014-50, § I, adopted 9/22/2014; Ordinance 2021-35, § I, adopted 4/26/2021)

§ 138-404 Minimum ingress requirements for parking lots.

(a) 
Width of entrances and exits.
(1) 
One-way entrance and exit driveways shall be a minimum of 12 feet and a maximum of 25 feet wide at the property line.
(2) 
Two-way entrances and exits shall be a minimum of 25 feet and a maximum of 45 feet wide at the property line. Such two-way entrances and exits shall be divided by a center island which will start one foot inside the sidewalk, or at the right-of-way if no sidewalk or obvious walkway is present. The lane divider island shall be of rugged construction, firmly anchored in place, and be a minimum of eight feet in length and six inches high and painted yellow.
(3) 
The desirable curb return radii are between five and 20 feet. The width of driveway, street lengths, and traffic volumes must be considered when setting curb return radii so as to minimize hazards from entering and exiting traffic.
(b) 
Visibility obstructions.
Obstructions to visibility at the intersection of exits and entrances with a public street or alley shall comply with the provisions of sections 94-1, 94-86 and 94-88 of this Code.
(c) 
Location requirements.
Location of entrances and exits to parking areas shall be as near to the center of the block as practical so as to minimize traffic interference at the intersections. All entrances and exits must be clearly marked. The exact location of entrances and exits must be approved by the city on a plat layout diagram at the time of issuance of a building permit. Entrances on state highways must be approved by the city as well as by the state highway department. The city reserves the right to reduce the number of entrances where requirements of traffic safety demand. The cost of such reductions and entrances will be borne by the applicant.
(d) 
Number of access points.
As a general guide, any parking area having a capacity of more than 75 spaces shall have more than one entrance and one exit and any parking area having a capacity of more than 150 spaces shall have entrances and exits on more than one public street or alley. The specific requirements for the number of entrances and exits will be determined by the nature of the establishment, anticipated traffic flow in and around the parking area, and the requirements of traffic safety.
(1966 Code, § 19½-10)

§ 138-405 Leasing of off-street parking spaces.

The city hereby authorizes the leasing of existing and any future off-street parking spaces to individuals or business establishments to be utilized by such lessees upon the terms and conditions as follows:
(a) 
The annual rental for such parking space shall be $120.00, payable annually in advance. This amount may be increased from time to time, but only on the permit anniversary and with authority of the board of commissioners.
(b) 
Any person so leasing such space shall have the right at any time to park in any off-street parking space without the necessity of putting any money in the parking meter thereon located. However, the city does not guarantee that such space will be available.
(c) 
The city will issue a permit to the lessees of such spaces of a form and design to be prepared by the city, such permits to have thereon numbers from one to 12, consecutively, indicating the month of the year issued and requiring renewal or otherwise termination in the corresponding month of the following year. Permits shall be nontransferable.
(d) 
Each holder of a lease for such one-year period shall be issued a sticker of a kind and design to be prepared by the city, which shall be placed on the rear window behind the driver's side on the vehicle for which used and remain there during the rental year.
(e) 
In the event of the destruction of a vehicle on which such sticker is located to the extent that such vehicle is no longer used, or in the event of a transfer of title of such vehicle, such sticker shall be removed by the owner of the vehicle and returned to the city police department so that the police department may issue a new sticker for the remaining portion of the term for which it was paid and which shall be immediately placed on the owner's vehicle as indicated in this section.
(f) 
Owners or tenants required by this chapter to furnish off-street parking spaces in accordance with section 138-396, rules for computing parking requirements, may, in lieu thereof, purchase off-street parking permits in an amount equivalent to the required parking of this article, provided that the following are assured:
(1) 
When additional off-street parking space is required by this chapter in the central business district, at least 25 percent of the off-street parking space required in section 138-395 must be provided onsite. The remaining 75 percent may be provided through the lease arrangement explained in this section or through the $1,000.00 per space provision of section 138-395(13)c.
(2) 
On existing buildings where enlargement or change of use is contemplated that does not directly create a need for additional parking, such as warehouse or storage facilities, no additional parking will be required for such enlargement or change, except where the enlargement is greater than ten percent of existing floor area or where the change in use requires an increase in existing parking. Any enlargement of less than ten percent of existing floor space and thus requiring no additional parking shall be permitted only once, and the right to such enlargement without providing additional parking is noncumulative.
(3) 
To alleviate undue hardships from the strict application of the terms of this section, as amended, persons aggrieved may appeal the decision of the enforcing official within ten days of the decision directly to the zoning board of adjustment. A hearing on the merits of the complaint after due notice to all parties involved will be held at the earliest possible date.
(g) 
Each lessee at the time of receiving a permit will be furnished with a copy of this section.
(h) 
The city reserves the right at any time to cancel and terminate any permit issued as authorized by this section, conditioned, however, that the city will refund to the purchaser or lessee the proportionate value of the unused term thereof.
(i) 
The city reserves the right based on its best judgment related to the use and anticipated use under this section of off-street parking spaces to limit the total number of permits that may be granted for such existing spaces and, when the total available number is reached, to terminate any further leases unless as a result thereof additional off-street parking space is acquired by the city.
(j) 
The city shall maintain a continuing record of all permits issued by name, address of purchaser, and serial number.
(1966 Code, § 19½-13)