Mcallen City Zoning Code
CHAPTER 9
Approval Authorities
§ 9.1.1 City Commission.
The City Commission, also known as the Board of Commissioners, serves as a decision-making body responsible to the Mayor, City Manager, and the City's residents. The City Commission is established in the City Charter Article 3, and shall follow those regulations, as applicable.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.1.2 Planning and Zoning Commission.
A.
Organization.
1.
The City establishes a Planning and Zoning Commission consisting of seven (7) members appointed by the City Commission and Mayor for terms of two (2) years from among the qualified voters of the city.
2.
The Mayor and City Commission appoints one (1) member each. Members of the commission shall hold no other city office.
3.
The Planning and Zoning Commission makes recommendations to the City Manager and the City Commission on all matters affecting the physical development of the city, are consulted on the comprehensive plan and implementation, and may exercise all other responsibilities provided by law.
4.
Planning and Zoning Commission members are resident citizens and qualified voters of the city.
5.
A commissioner may be reappointed. However, no person shall serve as a Planning and Zoning Commissioner for more than three two-year terms of office, or six (6) consecutive years. This provision does not preclude the reappointment of persons appointed to serve out an unexpired term.
6.
Commissioners appointed to replace resignations shall serve the unexpired term of the resigned commissioner.
7.
All Planning and Zoning Commission members shall remain in office until new appointments are made.
8.
Appointments to any vacancy in the Planning and Zoning Commission are made by the Commissioner or the Mayor who made the previous appointment.
9.
The Commissioner or the Mayor shall appoint and fill vacancies as soon as a replacement is found.
10.
The Planning and Zoning Commission elects a chair and vice-chair to serve a one (1) year term.
11.
Elections occur at the first regular Planning and Zoning meeting every January.
12.
Upon resignation of any officer, the Planning and Zoning Commission elects a replacement from the Planning and Zoning Commission to fill the unexpired term.
13.
A Planning and Zoning Commissioner forfeits the office of Planning and Zoning Commissioner if the Commissioner:
a.
Accepts any elected or paid city office;
b.
No longer resides within the City's corporate limits;
c.
Fails to attend three (3) consecutive regular meetings without excuse from the commission;
d.
Is absent for more than fifty percent (50%) of regular meetings, with or without excuse, during a six-month period; or
e.
Willfully, intentionally and knowingly violates any standard of conduct adopted by the Planning and Zoning Commission.
B.
Compensation. Planning and Zoning Commission members serve without pay but may be reimbursed for business expenses incurred in relation to commission business and approved by the Planning and Zoning Commission and approved by the Planning Director.
C.
Powers and Duties. The Planning and Zoning Commission has the following powers and responsibilities:
1.
To send a recommendation to the City Commission to make and amend a comprehensive plan for the City's development. Before plan adoption, the Planning and Zoning Commission or City Commission shall hold at least one (1) public hearing after ten (10) day notice published in a daily newspaper of general circulation printed in the city. Plan adoption is by resolution.
2.
To recommend to the City Commission alternative zoning plans for the city and approval or disapproval of proposed changes in the zoning plan.
3.
To recommend certain special permits for specific land uses that may not be adequately regulated by zoning.
4.
To exercise control over platting, replatting or subdividing land within the corporate limits of the City and within area of extraterritorial jurisdiction to effectively control all applications for platting, replatting or subdividing of land, with plats and maps required by law.
5.
To act with and assist the City Commission in formulating and executing proper plans for municipal development.
6.
To make recommendations to the City Commission concerning financial procurement and other aid from the state and federal governments when aid is necessary to the achievement of the City's planning and objectives.
7.
Subject to City Commission approval, to make rules and regulations and adopts bylaws for its own government.
D.
Meetings and Quorum. The Planning and Zoning Commission shall designate times and places for meetings. A majority of the Planning and Zoning Commission constitutes a quorum for business transactions. If a vacancy exists, that vacancy does not count towards determining a quorum.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.1.3 Zoning Board of Adjustment.
A.
Organization.
1.
A Zoning Board of Adjustment is established by the provisions of Texas Local Government Code § 211.008.
2.
The Zoning Board of Adjustment consists of five regular members and four alternates whose method of appointment, terms, qualifications, attendance requirements, and governance shall conform to the applicable provisions of Chapter 2 Article III Division 1 of the Code of Ordinances.
3.
The alternate members shall serve in the absence of one or more regular members so that all cases to be heard by the Zoning Board of Adjustment shall be heard by a minimum of four members.
4.
Vacancies shall be filled for the unexpired term of any member by appointment by the City Commission, whether by new appointment or elevation of an alternate to regular member followed by appointment of a new alternate.
5.
A quorum shall consist of four members of the Zoning Board of Adjustment.
B.
Procedures and Appeals. Procedures before the Zoning Board of Adjustment to and from such board shall be governed by the provisions of Texas Local Government Code §§ 211.008 through 211.011.
C.
Powers and Duties. The Zoning Board of Adjustment has the following powers, and it shall be its duty:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this UDC.
2.
To hear and decide special exceptions and variances as provided in Article 6.4.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.1.4 McAllen Historic Preservation Council.
A.
Purpose. The McAllen Historic Preservation Council intends to:
1.
Protect and enhance the landmarks and districts which represent distinctive elements of McAllen's historic, architectural, and cultural heritage;
2.
Foster civic pride in the accomplishments of the past;
3.
Protect and enhance McAllen's attractiveness to visitors and the support and stimulus to the economy thereby provided;
4.
Ensure the harmonious, orderly, and efficient growth and development of McAllen;
5.
Promote economic prosperity and welfare of the community by encouraging the most appropriate use of such historic buildings and structures within the City's corporate limits; and
6.
Encourage stabilization, restoration, and improvements of such buildings.
B.
Organization.
1.
The McAllen Historic Preservation Council is established and consists of seven (7) members appointed by the City Commission each having a known and demonstrated interest, competence or knowledge in historic preservation within the City of McAllen.
2.
The McAllen Historic Preservation Council shall include at a minimum one member each that qualifies as:
a.
Architect licensed to practice in Texas;
b.
Historian;
c.
Licensed real estate broker or appraiser;
d.
Building contractor; or
e.
Owner of historic or landmark property.
3.
Whenever a vacancy shall arise whereby there is a loss of representation in the McAllen Historic Preservation Council of at least one of the qualified members, a new member shall be appointed to restore that representation.
4.
A quorum shall consist of four (4) members.
5.
Members shall serve for a term of two years in staggered terms according to Chapter 2 Article III Division 1 of the Code of Ordinances.
6.
The chair and vice-chair of the McAllen Historic Preservation Council shall be elected by and from members of the board.
7.
The chair and vice-chair of the McAllen Historic Preservation Council shall be elected annually as provided in section 2-79 of the Code of Ordinances.
C.
Powers and Duties. The McAllen Historic Preservation Council shall have the following powers and it shall be its duty to:
1.
Prepare rules and procedures as necessary to carry out the business of the McAllen Historic Preservation Council.
2.
Recommend criteria for the designation of historic, architectural, and cultural landmarks and the delineation of historic districts, which may be adopted by the City Commission.
3.
Conducts surveys, and maintains an inventory of significant historic, architectural, and cultural landmarks and all properties located in historic districts within the City.
4.
Create committees from among its members and delegate to those committees responsibilities to carry out the purposes of this UDC.
5.
Maintain written minutes which record all actions taken by the Historic Preservation Council and reasons for taking such actions.
6.
Recommend to the City Commission that the City publicly recognize the owners of landmark or heritage properties or of properties within historic districts by means of certificates, proclamations, plaques or markers.
7.
Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
8.
Make recommendations to the City Commission concerning the utilization of federal, state, local or private funds and/or tax incentives to promote the preservation or rehabilitation of landmark and heritage properties and historic districts within the City.
9.
Act upon applications for certificates of appropriateness that are required under this article or that are voluntarily applied for by property owners.
10.
Prepare specific design guidelines for the review of landmark and heritage properties and historic districts.
11.
Recommend the acquisition of landmark and heritage properties by the City where their preservation is essential to the purpose of this UDC and where private preservation is not feasible.
D.
Meetings.
1.
The McAllen Historic Preservation Council shall meet once a month if necessary at a regularly scheduled time.
2.
Special meetings may be called upon request of the chair or vice-chair, or upon written request of four members, or upon notice from the Building Official or the Historic Preservation Officer that a matter requires the consideration of the McAllen Historic Preservation Council.
3.
All meetings shall have advance notice posted in accordance with Texas Open Meetings Act, Texas Government Code Ch. 551, as the same may be amended.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.2.1 Planning Department.
The Planning Department serves as an administrative and staff decision-making body responsible to the Mayor, City Manager, City Commission, Planning and Zoning Commission, and Zoning Board of Adjustment. The Planning Department and the Planning Director have authority for processing proposals to change the text and map of this UDC and for processing plans, applications, special permits, and certificates.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.2.2 Planning Director.
A.
Appointment. The Planning Director shall be appointed by the City Manager as prescribed in Chapter 2, Article IV, Division 2 of the Code of Ordinances.
B.
Powers and Duties. The Planning Director has the following duties and responsibilities:
1.
To advise the City Manager on any matter affecting the physical development of the City.
2.
To formulate and recommend to the City Manager a comprehensive plan and modifications.
3.
To review and make recommendations regarding proposed City Commission action implementing the comprehensive plan.
4.
To participate in capital improvement program preparations and revisions.
5.
To advise the Planning and Zoning Commission in the exercise of its responsibilities and to provide necessary staff assistance.
6.
To keep the official zoning map current and the copies, by entering any changes that the City Commission may order by amendments to the UDC and Map.
7.
To provide any other action authorized by this UDC to ensure compliance with or to prevent violation(s).
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.2.3 City Engineer.
A.
Appointment. See Chapter 2, Article IV, Division 4 of the Code of Ordinances.
B.
Powers and Duties. In addition to the duties and responsibilities established in Chapter 2, Article IV, Division 4 of the Code of Ordinances, the City Engineer has the following duties and responsibilities:
1.
To advise the City Manager on any matter affecting the physical development and all engineering matters of the City.
2.
To review and make recommendations regarding proposed City Commission action implementing the comprehensive plan.
3.
To make reports, preparations, and revisions regarding public improvements, repairs of streets, bridges, and sidewalks.
4.
To advise the Planning and Zoning Commission in the exercise of its responsibilities and to provide necessary staff assistance.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.2.4 Historic Preservation Officer.
A.
The Historic Preservation Officer is a City staff person who demonstrates an interest, competence, or knowledge in historic preservation.
B.
The Planning Director appoints the Historic Preservation Officer.
C.
The Historic Preservation Officer administers and performs the duties and responsibilities as prescribed under this UDC, and advises the Historic Preservation Council on matters submitted to it.
D.
The Historic Preservation Officer is responsible for coordinating the City's preservation activities with those of state and federal agencies and with local, state, and national nonprofit preservation organizations.
(Ordinance 2026-16 adopted 2/9/2026)
§ 9.2.5 Building Official.
The Building Official is established in section 22-3 of the Code of Ordinances, and shall have the following powers and duties pursuant to section 22-4 of the Code of Ordinances.
(Ordinance 2026-16 adopted 2/9/2026)
