Pharr City Zoning Code

ARTICLE II

- USE DISTRICTS AND CONDITIONAL USES

Sec. 1.10. - A-O agricultural and/or open space district.

Purpose:

The agricultural and/or open space district is to be used to promote orderly, timely, economical growth and to recognize current land use conditions. The district is a reserved area in which the future growth of the city might occur. It is the intent of this district that agricultural land be held in that use for as long as is practical and reasonable. This zoning is suitable for areas where development is premature because of a lack of utilities, capacity, or service, or where the ultimate land use has not been determined.

The zone is also to be used:

To protect those areas that are unsuitable for development because of physical problems or potential health or safety hazards such as flooding. The usage of the land would be permanently restricted to low-intensity agricultural uses until such time as the property is proven to be suitable for development and is rezoned.

To provide a permanent greenbelt or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards.

To protect and preserve natural habitats of wildlife and/or plant life that are deemed critical by the planning and zoning commission.

Permitted uses:

Farming, ranching, related activities, and accessory uses including the owner's single-family dwelling plus any housing for employees working on the premises.

Signs in accordance with all applicable ordinances.

Commercial amusements, including amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents, in accordance with all other applicable ordinances.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Single-family dwelling and accessory uses other than uses permitted above.

A mobile home on an unsubdivided tract of five acres or more.

Home occupations as defined in this ordinance.

Broadcast towers for radio, television, or microwave.

Extraction and drilling activities, including the removing, screening, crushing, washing and storage of ore, sand, clay, stone, gravel or other similar material.

Landing strips.

Facilities for the raising of animals including but not limited to dog kennels and catteries, in accordance with all applicable City of Pharr ordinances.

Outdoor commercial recreation, excluding drive-in theaters, but including golf courses, target ranges and skeet shoots, picnic groves; and other similar uses.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

10.

Institutional uses, including sanitary landfill, water treatment and supply facilities, wastewater treatment facilities, and cemeteries, mausoleums or crematories for the deposit of the human or animal dead.

11.

Other uses which, as determined by the planning and zoning commission, are not contrary to the purposes established for this district.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimension; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required.

Area requirements:

Minimum lot area, 43,560 square feet.

Minimum lot frontage on a public street, 100 feet.

Minimum lot depth, 200 feet.

Minimum depth of front setback, 40 feet.

Minimum depth of rear setback, ten feet.

Minimum width of side setback:

Internal lot, six feet.

Corner lot, ten feet.

Minimum distance between buildings on the same lot or parcel of land, 12 feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

Maximum building coverage as a percentage of lot area, not applicable.

10.

Maximum height of structures, 35 feet. Where a structure exceeds the 35-foot height maximum, it shall be set back one additional foot for each foot above 35 feet.

11.

Minimum number of off-street parking spaces required for:

One single dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

12.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

Sec. 1.11. - R-1 single-family residential district.

Purpose:

This district comprises a major portion of the existing single-family dwelling development of the city and is considered to be the proper zoning classification for large areas of the undeveloped land remaining in the city appropriate for single-family dwelling use. This district is intended to be composed of single-family dwellings together with public, denominational and private schools, churches and public parks essential to create basic neighborhood units.

Areas that are zoned for this use shall have water, wastewater, drainage and access to paved streets based on single-family usage.

It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of nonsingle-family traffic.

Developers wishing to restrict their subdivision to lot sizes in excess of what this ordinance requires shall use restrictive covenants.

Permitted uses:

One detached single-family dwelling per lot.

Agricultural uses on unplatted land, in accordance with all other adopted ordinances.

Public and private directional signs, official signs, political signs, nameplates, or real estate signs.

Church and other permitted institutions' signs showing names, activities and services therein provided.

During construction of a building, one unilluminated sign advertising contracts [contractors] or architects on such buildings, provided such sign is less than eight square feet in area, provided that signs shall recognize customary setback lines and be removed immediately after completion of such building.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, or on-site construction offices limited to the period of sale, construction or two years, whichever is less.

Nurseries, greenhouses and gardens, where the products are not to be sold.

Day care centers with less than six children enrolled at any one time.

10.

Paved automobile parking areas which are necessary to the uses permitted in this district.

11.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional uses, including day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Associated recreation.

Guesthouses, or separate servant quarters.

A mobile home on an unsubdivided tract of five acres or more.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered, and landscaped.

Real estate sales offices and on-site construction offices occupying mobile homes for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements:

Minimum lot area:

With sewer, 6,000 square feet. In areas without approved sewage treatment facilities, minimum lot size will be determined based on results of approved percolation tests.

Maximum number of single-family detached dwelling units per lot, one.

Minimum lot frontage on a public street, 50 feet.

Minimum lot depth, 100 feet.

Minimum depth of front setback, 20 feet.

Minimum depth of rear setback, internal lot:

Primary structure, ten percent of lot depth but not less than nine feet or more than 15 feet.

Detached accessory use building, five feet or zero feet abutting an alley.

Minimum width of side setback:

Internal lot, five feet or as required by subdivision (note on plat).

Side yard setback abutting street, ten feet.

Minimum distance between separate buildings on the same lot or parcel of land, ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

10.

Maximum building coverage as a percentage of lot area, 50 percent.

11.

Maximum height of structures, 36 feet or 2½ stories.

12.

Minimum number of paved off-street parking spaces required for:

One single-family dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

13.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

(Ord. No. 87-16, § 1, 4-7-87; Ord. No. O-2000-31, § 1, 7-5-00; Ord. No. O-2019-19, §§ 1, 2, 6-17-19)

Sec. 1.11.1. - R-1A single-family residential district for lots less than 50 feet in width.

Purpose:

This district has been devised to allow less restrictions for small lots created prior to adoption of the first City of Pharr zoning ordinance. There are several hundred lots in the city that are less than 50 feet wide.

No new R-1A zoning will be allowed for new subdivisions approved after the effective date of this ordinance [December 3, 1985].

This district shall be confined to areas which are currently designated for residential dwellings.

Areas that are zoned for this use shall have water, sanitary sewer, drainage and access to paved streets based on residential usage.

It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of nonsingle-family traffic.

Permitted uses:

One detached single-family dwelling per lot.

Attached or detached carport or garage.

Public and private directional signs, official signs, political signs, nameplates, or on-premises real estate signs.

On-premises signs for churches and other institutions showing names, activities and services therein provided.

During construction of a building, one unilluminated sign advertising contractors or architects of such building, provided that signs shall recognize customary setback lines and be removed immediately after completion of such building.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, limited to the period of sale; or on-site construction offices limited to the period of construction.

Nurseries, greenhouses and gardens, where the products are not to be sold.

Day care centers with six children or less enrolled at any one time.

10.

Paved automobile parking areas which are necessary to the uses permitted in this district.

11.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional uses, including day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered and landscaped.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district.

Off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Any use of property that does not meet the required front, side and rear yard setback; or exceeds the maximum height, or density per gross acre as required.

Area requirements:

Minimum lot area, one full legally recorded lot.

Maximum number of single-family detached dwelling units per lot, one.

Minimum lot frontage on a public street, 25 feet.

Minimum lot depth, 70 feet.

Minimum depth of front setback, 15 feet.

If 50 percent or more of the lots within the same block fronting on the same street are developed with structures that do not meet the 15-foot front setback, the new structures may encroach into the required 15-foot setback as close to the R.O.W. based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.

Example: Front Setbacks

Lot 1	8′	Encroaching lot	8′
Lot 2	10′	Encroaching lot	10′
Lot 3	15′	Meets setback
Lot 4	5′	Encroaching lot	5′
Lot 5	15′	Meets setback
Lot 6	8′	Encroaching lot	8′
			31′

31′ ° 4 (Encroaching Lots) = 7.75′ = 8′ setback (Average)

Minimum depth of rear setback:

Primary structure, ten percent of lot depth.

Detached accessory uses, five feet or zero feet abutting an alley.

If 50 percent or more of the lots within the same block fronting on the same street are developed with structures that do not meet the ten percent rear setback, the new structures may encroach into the required setback as close to the rear lot line based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.

Example: Rear Setbacks (Sample Sized Lots - 90′ Deep)

Lot 1	9′	Meets setback
Lot 2	5′	Encroaching lot	5′
Lot 3	6′	Encroaching lot	6′
Lot 4	8′	Encroaching lot	8′
Lot 5	9′	Meets setback
Lot 6	6′	Encroaching lot	6′
			25′

25′ ° 4 (Encroaching Lots) = 6.25′ = 6′ setback (Average)

Minimum width of side setback:

Lot Width	Internal Side Setback	Corner Setback
25′	3′	7′
26′—50′	3′	7′
51′—over	10% of lot width not to exceed 15′ maximum	10′

Minimum distance between the primary structure and all other structures on same lot or parcel of land, ten feet.

Maximum building coverage as a percentage of lot area, N/A.

10.

Maximum height of structures, 36 feet or 2½ stories.

11.

Minimum number of paved off-street parking spaces required for:

One single-family dwelling unit, one space.

All other uses, see "Off-Street Parking", article IV.

12.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

COMPARISON BETWEEN R-1 AND R-1A

Area Requirements			R-1	R-1A
1.	Minimum lot area		6,000 square feet	1 full legally recorded lot
2.	Maximum number of single-family detached dwelling units per lot		1	1
3.	Minimum lot frontage on a public street		50 feet	25 feet
4.	Minimum lot depth		100 feet	70 feet
5.	Minimum depth of front setback		20 feet	15 feet. If 50% or more of the lots within the same block fronting on the same street are developed with structures that do not meet the 15-foot front setback, the new structures may encroach into the required 15-foot setback as close to the R.O.W. based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.
6.	Minimum depth of rear setback		15 feet	Primary structure. 10% of lot depth Detached accessory uses. Five feet or zero feet abutting an alley. If 50% or more of the lots within the same block fronting on the same street are developed with structures that do not meet the 10-percent rear setback, the new structures may encroach into the required setback as close to the rear lot line based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.
7.	Minimum width of side setback:
				Lot Width	Internal Side Setback	Corner Setback
	a.	Internal lot	5 feet or 10% of the lot width up to a 15-foot maximum, whichever is greater	25′	3′	7′
				26′—50′	3′	7′
				51′ over	10% of lot width	10′
	b.	External lot (side yard abutting street)	10 feet
8.	Maximum distance between the primary structure and all other structures on same lot or parcel of land		10 feet	10 feet
9.	Minimum distance from the public right-of-way to the entrance to a garage or carport, unless otherwise specified by the planning and zoning commission		18 feet	N/A
10.	Maximum building coverage as a percentage of lot area		50%	N/A
11.	Maximum height of structures		36 feet or 2½ stories	36 feet or 2½ stories
12.	Minimum number of paved off-street parking spaces required for:
	a.	One single-family dwelling unit	2 spaces	1 space
	b.	All other uses see "Off-Street Parking", article IV
13.	See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications

(Ord. No. 85-46, § 1, 11-19-85; Ord. No. O-2019-19, §§ 3, 4, 6-17-19)

Sec. 1.12. - R1-E single-family residential estate district.

Purpose.

The single-family residential estate zoning (R1-E) is intended to provide for development of primarily very low-density detached, single-family residences on lots of not less than 10,000 square feet. It is intended for large lot subdivisions to provide sufficient space in appropriate locations for residential development to meet the present and future housing needs.

Areas that are zoned for this use shall have water, wastewater, drainage and access to paved streets based on single-family usage.

It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of non-single-family traffic.

To promote the most desirable use of land and direction of building development not in conflict with the adopted policies of the city; to promote stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

Permitted Uses.

One detached single-family dwelling per lot.

Agricultural uses on unplatted land, in accordance with all other adopted ordinances.

Public and private directional signs, official signs, political signs, nameplates, or real estate signs.

Church and other permitted institutions' signs showing names, activities and services therein provided.

During construction of a building, one illuminated sign advertising contracts [contractors] or architects on such buildings provided such sign is less than eight square feet in area, provided that signs shall recognize customary setback lines and be removed immediately after completion of such building.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, or on-site construction offices limited to the period of sale, construction or two years, whichever is less.

Nurseries, greenhouses and gardens, where the products are not to be sold.

Day care centers with less than six children enrolled at any one time.

10.

Paved automobile parking areas which are necessary to the uses permitted in this district.

11.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III).

Institutional uses, including day care centers with more than six children enrolled at any one time.

Home occupations as defined in this section.

Associated recreation.

Guesthouses, or separate servant quarters.

A mobile home on an unsubdivided tract of five acres or more.

Facilities for railroads or those utilities holding a franchise under the city.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered, and landscaped.

Real estate sales offices and on-site construction offices occupying mobile homes for more than two years.

Prohibited uses.

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements.

Minimum lot area, 10,000 square feet.

Maximum number of single-family detached dwelling units per lot, one.

Minimum lot frontage on a public street, 70 feet.

Minimum lot depth, 120 feet.

Minimum depth of front setback, 25 feet.

Minimum depth of rear setback, internal lot:

Primary structure, ten percent of lot depth but not less than ten feet or more than 25 feet.

Detached accessory use building, five feet or zero feet abutting an alley.

Minimum width of side setback:

Internal lot, ten feet or as required by subdivision (note on plat).

Side yard setback abutting street, fifteen feet.

Minimum distance between separate buildings on the same lot or parcel of land, ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

10.

Maximum building coverage as a percentage of lot area, 45 percent.

11.

Maximum height of structures, 36 feet or 2½ stories.

12.

Minimum number of paved off-street parking spaces required for:

One single-family dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

13.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

(Ord, No. O-2017-49, §§ 2—4, 11-20-17; Ord. No. O-2019-19, §§ 5, 6, 6-17-19)

Editor's note— Ord. No. O-2017-49, §§ 2—4, adopted November 20, 2017, added a new § 1.12, renumbering §§ 1.12—1.15 as 1.13—1.16. The historical notation remains with the renumbered provisions.

Sec. 1.13. - R-TH townhouse residential district.

Purpose:

The townhouse residential district is established to provide adequate space and site diversification for medium-density residential development that is single-family, on separate lots, and typically owner occupied.

The zone recognizes the difference between single-family detached and single-family attached dwelling units, and has adjusted the area requirements accordingly.

Townhouse development is a low- to medium-density use and before zoning to townhouse usage, the increased requirements for street, water and fire protection, wastewater, drainage, and adequate open space must be met.

Townhouse developments must be properly buffered from nonresidential uses, and protected from high volumes of nonsingle-family traffic, or from pollution and/or environmental hazards.

Permitted uses:

One townhouse, zero lot line, or patio home per lot.

One single-family detached dwelling per lot meeting the area requirements of the single-family district.

Agricultural uses on unplatted land, in accordance with all other adopted ordinances.

Public and private directional signs, official signs, political signs, nameplates or real estate signs.

Church and other permitted institutions' signs showing names, activities and services therein provided.

During construction of a building, one unilluminated sign advertising contractors or architects on such building, provided such sign is less than eight square feet in area, provided that signs shall recognize customary setback lines and be removed immediately after completion of such building.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, or temporary on-site construction offices limited to the period of sale, construction or two years, whichever is less.

Nurseries, greenhouses, and gardens where the products are not to be sold.

10.

Day care centers with less than six children enrolled at any time, except in townhouses.

11.

Paved automobile parking areas which are necessary to the uses permitted in this district.

12.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional, including day care centers with six children or more enrolled, or in townhouses.

Home occupations, as defined by this ordinance.

Associated recreation and/or community clubs.

Guesthouses, or separate servants' quarters.

A mobile home on an unsubdivided tract of five acres or more.

Facilities for railroads or those utilities holding a franchise under the city.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered, and landscaped.

Real estate sales offices and on-site construction offices for more than two years or occupying mobile homes.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk way, as distinct from a dedicated street to provide access to premises in a commercial or industrial district.

Area requirements:

Minimum lot area:

With sewer, 2,500 square feet. In areas without approved sewage treatment facilities, minimum lot size will be determined based on results of approved percolation tests.

Maximum number of single-family dwelling units per lot, one.

Minimum lot frontage on a public street:

Internal lot, 20 feet.

Corner lot, 30 feet.

Minimum lot depth, 60 feet.

Minimum depth of front setback, ten feet.

Minimum depth of rear setback, zero feet.

Minimum width of side setback: ^[2]

Internal lot, six feet.

Side yard setback abutting street, ten feet.

Minimum distance between buildings on the same lot or parcel of land, ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

10.

Maximum building coverage as a percentage of lot area, 80 percent.

11.

Maximum height of structures, 36 feet. Where a structure exceeds 25 feet in height, each unit without a firewall shall be set back one additional foot for each foot above 25 feet.

12.

Minimum number of off-street parking spaces required for:

One single-family attached or detached dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

13.

See article VII, sections 1.70 to 1.75 [1.73], for further clarification, and exceptions and modifications.

(Ord. No. O-2017-49, §§ 2—4, 11-20-17; Ord. No. O-2019-19, §§ 7, 8, 6-17-19)

Editor's note— See the editor's note to § 1.12.

Footnotes:

--- (2) ---

Townhouses separated by fire-retardant walls meeting the requirements of the building code may build to the property line where such structures abut.

Sec. 1.14. - Residential multi-family district (R-MF).

[Purpose:] The residential multi-family district is established for the following purposes:

To provide adequate space and site diversification for low to medium-density residential development where adequate streets and other community facilities are available for present and future needs.

To establish duplex-fourplex development as low-to medium-density use, and additional requirements for streets, water and fire protection, wastewater, drainage and adequate open space shall be met before zoning to such use.

To protect residential areas against pollution, environmental hazards, and other objectionable influences.

To protect residential areas, as far as possible, against heavy traffic.

To manage the density of population and protect against congestion by providing for off-street parking spaces and by requiring the provision of open space in residential areas in order to open areas for rest and recreation and to break the monotony of continuous building bulk, thus providing a more desirable environment for urban living.

To provide for privacy and access of light and air to windows, as far as possible, through controls over the spacing and height of buildings and other structures.

To promote the most desirable use of land and direction of building development not in conflict with the city's comprehensive plan; to promote stability of residential development; to protect the character of the district; to conserve the value of land and buildings; and to protect the city's tax base.

Permitted uses:

One single-family dwelling and accessory uses, except guesthouses on a lot. Structures must meet the requirements of the R-1 district.

One duplex, tri-plex or four-plex on a lot.

Two to four attached units (townhouses) each on an individual lot and which meet the requirements of the R-TH district.

One duplex, tri-plex or four-plex (two, three or four attached units) condominium on a lot.

Parking lots for multifamily residential use.

Public and private directional signs, official signs, political signs, nameplates or real estate signs.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Church and other permitted institutions may display signs showing names, activities and services therein provided.

During construction of a building, one unilluminated sign advertising contractors or architects on such buildings, provided such sign is less than eight square feet in area, provided that signs shall recognize customary setback lines and be removed immediately after completion of such building.

10.

Temporary real estate sales offices located on property being sold, or temporary on-site construction offices limited to the period of sale, construction or two years, whichever is less.

11.

Nurseries, greenhouses and gardens where the products are not to be sold.

12.

Day care centers with less than six full-time children enrolled at any one time, except in townhouses.

13.

Paved automobile parking areas which are necessary to the uses permitted in this district.

Conditional uses (require use permits, see article III):

Institutional, including day care centers with six children or more enrolled, or in townhouses.

Home occupations as defined in this ordinance.

Associated recreation or community clubs.

Guesthouses, garage apartments, or separate servant's quarters.

A mobile home on an unsubdivided tract of five acres or more.

Facilities for railroads or those utilities holding a franchise under the city.

Paved parking facilities for nonresidential uses that are not allowed in this district if properly screened, buffered and landscaped.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements:

Single-family detached units shall meet the area requirements of the R-1 district.

Townhouses shall meet the area requirements of the R-TH district.

Minimum lot area:

Duplex and triplex usage: 7,500 square feet

Fourplex usage: 8,000 square feet

Maximum number of multi-family residential structures per lot:

Duplex and triplex usage: One

Fourplex usage: Two

Minimum lot frontage on a public street: 60 feet

Minimum lot depth: 100 feet.

Minimum depth of front setback: 20 feet

Minimum depth of rear setback: 10 feet or size of easement, whichever is greater.

Minimum width of side setback:

(a)

Internal lot: five feet or size of easement, whichever is greater, but not to exceed 15 feet.

(b)

Corner lot or abutting a street: ten feet or size of easement, whichever is greater.

*Townhouses separated by firewalls meeting the requirements of the building code may build to the property line where such structures abut.

10.

Minimum distance between buildings on the same lot or parcel of land: ten feet.

11.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission: 18 feet.

12.

Maximum building coverage as a percentage of lot area: 50 percent of lot area.

13.

Minimum amount of permanent landscaped open space: ten percent of lot area.

14.

Maximum height of structures: 36 feet or two and one-half stories.

*Where a structure exceeds 25 feet in height, each unit without firewall shall be setback one additional foot for each foot above 25 feet.

15.

Minimum number of paved parking spaces required for:

(a)

Each residential dwelling unit: two spaces.

(b)

All other uses: see off-street parking, article IV.

16.

See article VII, sections 1.70 through 1.73, for further clarification, and exceptions and modifications.

(Ord. No. O-93-22, § 1, 8-17-93; Ord. No. O-2017-49, §§ 2—4, 11-20-17; Ord. No. O-2019-19, §§ 9, 10, 6-17-19; Ord. No. O-2021-16, §§ 2, 4, 4-5-21)

Sec. 1.15. - Residential multi-family high density (R-MFHD).

Purpose:

The R-MFHD multifamily district is established to provide adequate space and site diversification for medium to high density areas.

This may be a zone for transitional areas developed for single-family usage, but because of the need for rehabilitation, or changes in the character of the neighborhood, are now deemed suitable for some multifamily development.

This zone allows medium to high density developments, and should be located where additional requirements for streets, water and fire protection, wastewater, drainage, and adequate open space are met. R-MFHD uses should not run traffic over long distances of single-family residential-sized streets, or through single-family neighborhoods, and should be located close to arterials or collectors capable of carrying the additional traffic.

Multifamily developments are not a buffer between single-family and commercial uses and should be properly buffered from nonresidential land uses and traffic, or from pollution and/or environmental hazards.

Permitted uses:

One single-family dwelling per lot. Structures must meet the requirements of the R-1 district.

One duplex, tri-plex or four-plex per lot. Structures must meet requirements of the R-MF district.

Apartments.

Condominiums.

One townhouse per lot. Structures must meet the area requirements of R-TH district.

Paved parking lots for multifamily residential use.

Public and private directional signs, official signs, political signs, nameplates or real estate signs.

Church and other permitted institutions' signs showing names, activities, and service therein provided.

10.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

11.

Temporary real estate sales offices located on property being sold, or temporary on-site construction offices, limited to the period of sale, construction, or two years, whichever is less.

12.

Nurseries, greenhouses, and gardens where the products are not to be sold.

13.

Day care centers with less than six children enrolled at any one time, except in townhouses.

14.

Paved automobile parking areas which are necessary to the uses permitted in this district.

15.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional, including day care centers with six children or more enrolled, or in townhouses

Home occupations as defined in this ordinance.

Associated recreation.

Guesthouses.

A mobile home on an unsubdivided tract five acres or more.

Boardinghouses.

Facilities for railroads or those utilities holding a franchise under the City of Pharr

Pave parking facilities for nonresidential uses.

Real estate sales offices or on-site construction offices for more than two years or occupying mobile homes.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

Area requirements:

Single-family dwelling units shall meet the requirements of the R-1 district. Only one single-family residential structure will be allowed per lot.

Townhouses shall meet the requirements of the R-TH district. Only one townhouse will be allowed per lot.

Duplex, Tri-Plex or Four-Plex shall meet the requirements of the R-MF district

Minimum lot area: 5 or more residential dwelling units: 9,000 square feet

Maximum number of dwelling units per lot:

(a)

Zero-bedroom or efficiency dwelling units: 1,000 square feet of lot area per unit.

(b)

One-bedroom dwelling units: 1,250 square feet of lot area per unit.

(c)

Two-bedroom dwelling units: 1,500 square feet of lot area per unit.

(d)

Three- or more bedroom dwelling units: 1,750 square feet of lot area per unit.

To determine the permitted number of dwelling units in the R-3 district, divide the area of the parcel in question by the "minimum lot area per dwelling unit." The resulting quotient is the maximum number of dwelling units permitted.

i.e.: 90 feet × 100 feet lot = 9,000 feet.

9,000 square feet of lot area ÷ 1,000 square feet = 9 efficiency apartments. The maximum number on 9,000 square foot lot = 9 efficiencies.

9,000 square feet of lot area ÷ 1,250 square feet = 7 one-bedroom apartments.

9,000 square feet of lot area ÷ 1,500 square feet = 6 two-bedroom apartments.

9,000 square feet of lot area ÷ 1,750 square feet = 5 three-bedroom apartments.

Minimum lot frontage on a public street: 70 feet.

Minimum lot depth: 100 feet.

Minimum depth of front setback: 20 feet.

Minimum depth of rear setback*: 15 feet or easement whichever is greater.

*Unenclosed carports may be built up to within five feet of any property line that abuts an alley.

10.

Minimum width of side setback:

(a)

Internal lot: Seven feet or ten percent of lot width, but not to exceed 15 feet, unless voluntarily by owner

(b)

Side yard setback abutting street, 15 feet

11.

Distance between buildings on same lot: 12 feet and an additional one foot for every two feet in height above 36 feet of either structure.

12.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise approved by the zoning board of adjustments: 18 feet.

13.

Maximum building coverage as a percentage of lot area: 50 percent.

14.

Minimum amount of permanent, landscaped open space: Ten percent.

15.

Maximum height of structures: Where a structure exceeds 36 feet in height, it shall be set back one additional foot for every two feet above 36 feet.

16.

Minimum number of paved parking spaces required for:

(a)

Each residential dwelling unit: two spaces.

(b)

All other uses: see off-street parking, Article IV

17.

See article VII, sections 1.70 through 1.73, for further clarification, and exceptions and modifications.

Required conditions:

Any owner, builder, or developer of a multiple-family, condominium or townhouse dwelling complex of five units or more on a single lot or parcel, or five or more single-family townhouse attached units, shall submit to the planning and zoning commission for a review, the site and building plan for the proposed development. The contents of this site plan shall contain drawings to scale to indicate as needed:

(1)

Location of all structures proposed and existing on the subject property and within 20 feet on adjoining property;

(2)

Landscaping and/or fencing of yards and setback areas and proposed changes;

(3)

Design of ingress and egress;

(4)

Off-street parking and loading facilities;

(5)

Height of all structures;

(6)

Proposed uses; and

(7)

Location and types of all signs, including lighting and heights.

The purpose of the site plan review is:

(1)

To ensure compliance with the zoning ordinance, while allowing for design flexibility;

(2)

To assist in the orderly and harmonious development of the city;

(3)

To protect adjacent uses from obstructions to light, air, and visibility;

(4)

To provide protection from fire;

(5)

To avoid undue concentrations of population and overcrowding of land; and

(6)

To facilitate the adequate provision of transportation, water, sewage, drainage and other public requirements.

The planning and zoning commission shall approve an application for a multiple-family dwelling complex if the proposed development meets all the minimum standards established in this ordinance and other applicable ordinances, and if the commission finds that the proposed development will not be detrimental to the health, safety, or welfare of the surrounding neighborhood or its occupants, or be substantially or permanently injurious to neighboring property. It shall disapprove or conditionally approve any application which fails to meet the above criteria or is in conflict with the comprehensive plan or the adopted growth policies of the city.

The site plan shall be submitted to the city manager or his duly authorized representative ten working days prior to the submission to the planning and zoning commission for review. The city manager or his designee shall review these plans as quickly as possible, but in no case shall he delay submission beyond one planning and zoning commission meeting.

Appeals of the decision of the planning and zoning commission shall be in accordance with section 1.24 of article V.

(Ord. No. O-2021-16, § 5, 4-5-21)

Editor's note— Ord. No. O-2021-16, §§ 2, 5, adopted April 5, 2021, repealed the former §§ 1.15, 1.16, and enacted a new 1.15 as set out herein. The former § 1.15 pertained to R-3 medium-density multifamily residential district, and former § 1.16 pertained to R-4 high-density multifamily residential district. See Code Comparative Table for complete derivation.

Sec. 1.18. - R-MH mobile home district.

Purpose:

The R-MH mobile home district is established to provide adequate space and site diversification for mobile home parks and subdivisions. The city recognizes that the mobile home is a viable alternative to the typical single-family residence, and will not discriminate against mobile homes.

Mobile homes are typically built outside the city limits of Pharr, and do not meet the same building code requirements as the single-family structure. Mobile home parks or subdivisions will, therefore, be allowed to locate near other residential neighborhoods, but individual mobile homes will not be allowed on lots within other residential-type neighborhoods.

Mobile home lots have different area requirements than spaces in a mobile home park. In addition, mobile home subdivisions have public streets and utilities, built to city standards, whereas mobile home parks do not. While mobile home parks and subdivisions fall under the same zoning category, a mobile home park will not be allowed to convert to a subdivision until the area requirements of a mobile home subdivision have been met, the requirements of the subdivision ordinance have been met and a plat has been approved.

Unlike the other districts, the city will not zone areas for mobile home usage in advance unless asked to do so by the property owners. This district could, therefore, be considered a "floating zone" and must be "rezoned" to this use. Care must be taken to ensure that the needs for areas zoned for mobile homes are met and that this form of housing is not discriminated against in the rezoning process.

Mobile home developments are a low- to medium-density use, and have the same additional requirements for streets, water, fire protection, wastewater, drainage and open space as townhouse and duplexes.

Mobile home developments are not a buffer between single-family and commercial uses, and should be properly buffered from nonresidential uses, and protected from high volumes of nonsingle-family traffic, or from pollution and/or environmental hazards. When properly buffered, a mobile home park should not have an adverse impact on adjacent residential areas or their property values.

An R-MH district shall not be permitted in the City of Pharr, Texas, after the effective date of amendatory Ordinance No. O-2002-24.

Notwithstanding any other provision in this section, mobile homes shall not be permitted in an R-MH zoning district or any other zoning district after the effective date of amendatory Ordinance No. O-2002-24, except to replace an existing mobile home in an existing R-MH zoning district.

Permitted uses:

One mobile home or vehicle per lot, whether residential or recreational; or one site-built, single-family home per lot, provided that single-family, site-built homes are permitted under any applicable deed restrictions that are in full force and effect at the time of adoption of this amendatory ordinance. Site-built, single-family homes shall meet all restrictions of the (R-1) single-family residential district.

Agricultural uses on all unplatted land, in accordance with all other adopted ordinances.

Accessory buildings.

The owner's or manager's home on a 6,000-square-foot lot or larger, meeting the R-1 area requirements.

Temporary real estate sales offices located on property being sold, or temporary on-site construction offices, limited to the period of sale, construction, or two years, whichever is less.

Paved automobile parking areas which are necessary to the uses permitted in this district.

SUBDIVISIONS:

A development designed as a mobile home subdivision or recreational vehicle subdivision shall meet all the requirements of the City of Pharr Subdivision Ordinance [chapter 118 of the Code of Ordinances], and any applicable sections of the City of Pharr Mobile Home and Recreational Vehicle Park Ordinance [chapter 78]. Such subdivision shall have as its major purpose the sales and conveyance of property rights and ownership of individual lots to consumers, while not prohibiting rentals.

Permitted uses:

One mobile home per lot, and accessory uses; or one single-family, site-built home per lot, provided that single-family, site-built homes are permitted under any applicable deed restrictions that are in full force and effect at the time of adoption of this amendatory ordinance. Site-built, single-family homes shall meet all restrictions of the (R-1) single-family residential district.

Public and private directional signs, official signs, political signs, nameplates or real estate signs.

Church and other permitted institutions signs showing names, activities and services therein provided.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Nurseries, greenhouses and gardens, where products are not to be sold.

Day care centers with less than six children enrolled at any one time.

Conditional uses (require use permits, see article III):

Institutional uses, including all day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Associated recreation and commercial activities.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses.

A paved storage area for unoccupied recreational vehicles and equipment, such as boats and canoes, which must have a fence and a buffer as defined to separate and protect adjacent residential uses.

Real estate sales offices and on-site construction offices occupying mobile homes for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district, except as note in subsection B7 above.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements:

Minimum size of tract for development, ten lots.

Minimum lot area:

Mobile homes, 4,500 square feet.

Mini-mobile homes, 2,500 square feet.

Recreational vehicles, 1,800 square feet.

Maximum number of single-family dwelling units per lot, one only.

Minimum lot frontage on a public street:

Mobile homes, 45 feet.

Mini-mobile homes, 36 feet.

Recreational vehicles, 30 feet.

Minimum lot depth:

Mobile homes, 70 feet.

Mini-mobile homes, 60 feet.

Recreational vehicles, 50 feet.

Minimum depth of front setback, ten feet.

Minimum depth of rear setback, ten feet.

Minimum width of side setback:

Internal lot, five feet.

External lot (abutting street), ten feet.

Minimum distance between separate structures on same lot or parcel of land, ten feet.

10.

Minimum distance from the public right-of-way to the required parking area whether open, covered, or enclosed unless otherwise specified by the planning and zoning commission, 18 feet.

11.

Maximum building coverage as a percentage of lot area, 70 percent.

12.

Maximum height of structures, 25 feet.

13.

Minimum number of paved off-street parking spaces required.

Mobile homes, two.

Recreational vehicles, one.

All other uses, see "Off-Street Parking," article IV.

14.

See article VII for further clarification and exceptions and modifications.

PARKS:

Said facilities shall be for the explicit purpose of renting or leasing of mobile home or recreational vehicle sites and shall not be construed to permit the sale of such lots.

At no time may an existing mobile home park, or recreational vehicle park be converted to a mobile home subdivision or recreational vehicle subdivision without first meeting all the requirements of the City of Pharr Subdivision Ordinance [chapter 118 of the Code of Ordinances] and receiving approval by the city council of Pharr, Texas.

Before a park is approved, the applicant must submit a development plan to be reviewed by the planning and zoning commission. The plan must include lot layout, setbacks, density, spacing, access, screening walls or landscaping, open space, pedestrian ways, public or private streets, alleys, recreational facilities, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a mobile home park or recreational vehicle park.

Permitted uses:

One mobile home or recreational vehicle per space which is adequately wired and equipped for each, according to adopted city codes.

Portable building or storage building used as an accessory to the residential use and not for living quarters.

Temporary on-site construction offices limited to period of construction, or two years, whichever is less.

Nurseries, greenhouses and gardens, where products are not to be sold.

Paved automobile parking areas which are necessary to the uses permitted in this district.

Conditional uses (require use permits, see article III):

Recreational and commercial facilities.

Institutional, including all day care centers.

Home occupations as defined in this ordinance.

Amusement parks, circus or carnival grounds, commercial amusement or recreational developments, or tents or other temporary structures used for temporary purposes.

A paved storage area for unoccupied recreational vehicles and equipment, such as boats and canoes, which must have a fence and a buffer as defined to separate and protect adjacent residential uses.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses.

Temporary construction offices for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

No more than one mobile home or recreational vehicle may occupy any approved lot.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district, except as noted in subsection B.5 above.

Off-premises signs as defined in this ordinance.

Area requirements:

Minimum size of tract for development, five acres.

Minimum space area:

Mobile homes, 4,000 square feet.

Recreational vehicles or mini-mobile homes, 1,500 square feet.

Minimum space frontage:

Mobile homes, 50 feet.

Recreational vehicles or mini-mobile homes, 30 feet.

Minimum lot depth:

Mobile homes, 80 feet.

Recreational vehicles or mini-mobile homes, 50 feet.

Minimum depth of front setback from public right-of-way:

Mobile homes, ten feet.

Recreational vehicles or mini-mobile homes, five feet.

Minimum rear setback, five feet.

Minimum width of side setback, five feet.

Maximum number of residential structures per approved space, one.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

10.

Maximum height of structures, 25 feet.

11.

Minimum number of paved off-street parking spaces required for:

Each mobile home or recreational vehicle, two. ^[3]

All other uses, see "Off-Street Parking," article IV.

12.

See article VII for further clarification, exceptions and modifications.

(Ord. No. O-2002-24, §§ 2—5, 5-14-02; Ord. No. O-2019-19, §§ 15—18, 6-17-19)

Footnotes:

--- (3) ---

In a mobile home or recreational vehicle park, 50 percent of such parking may be provided within 200 feet of the spaces that require the parking.

Sec. 1.19. - R-HCMH HUD-Code manufactured home district.

Purpose:

The R-HCMH HUD-Code manufactured home district is established to provide residents with a residential alternative to R-1 single-family residential districts which allow only site-built, single-family residential dwellings.

HUD-Code manufactured homes are constructed off-site and typically do not meet the same building code requirements applicable to site-built, single-family structures, but do meet building standards and requirements adopted by the State of Texas for the construction of HUD-Code manufactured homes in compliance with the federal standards and requirements established under Title VI of the Housing and Community Development Act of 1974, entitled the National Manufactured Home Construction and Safety Standards Act of 1974.

HUD-Code manufactured home subdivisions have public streets and utilities built to city standards, whereas one lot subdivision parks do not. While HUD-Code manufactured home parks and subdivisions fall under the same zoning category, a one lot subdivision park will not be allowed to convert to a subdivision with more than one lot until the area requirements of a HUD-Code manufactured home subdivision have been met, the requirements of the subdivision ordinance have been met and a plat has been approved.

Unlike the other districts, the city will not zone areas for HUD-Code manufactured home usage in advance unless asked to do so by the property owners. This district could, therefore, be considered a "floating zone" and must be "rezoned" to this use.

HUD-Code manufactured home developments are a low-to medium-density use, and are subject to the same development standards as R-1 residential subdivisions.

HUD-Code manufactured home developments are not a buffer between single family and commercial uses, and should be properly buffered from nonresidential uses, and protected from high volumes of nonsingle-family traffic, or from pollution and/or environmental hazards. When properly buffered, a HUD-Code manufactured park should not have an adverse impact on adjacent residential areas or their property values.

R-HCMH SUBDIVISIONS:

A HUD-Code manufactured home subdivision shall meet all the requirements of the City of Pharr Subdivision Ordinance [chapter 118 of the Code of Ordinances], and any applicable sections of the City of Pharr Manufactured Home and Trailer Ordinance [chapter 78]. Such subdivision shall have as its major purpose the sales and conveyance of property rights and ownership of individual lots to consumers, while not prohibiting rentals.

Permitted uses:

One HUD-Code manufactured home per lot, and accessory uses. The home must be skirted.

Portable building or storage building used as an accessory to the residential use and not for living quarters.

Public and private directional signs, official signs, political signs, nameplates or real estate signs.

Church and other permitted institutions' signs showing names, activities and services therein provided.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Nurseries, greenhouses and gardens, where products are not to be sold.

Day care centers with less than six children enrolled at any one time.

Conditional uses (require use permits, see article III):

Institutional uses, including all day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Associated recreation and commercial activities.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses.

A paved storage area for unoccupied recreational vehicles and equipment, such as boats and canoes, which must have a fence and a buffer as defined to separate and protect adjacent residential uses.

Real estate sales offices and on-site construction offices occupying mobile homes for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district, except as noted in section 1.18 B.7.

On- and off-premises signs portable signs animated or illuminated signs.

A driveway or crosswalk way, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements:

Minimum size of tract for development, ten lots.

Minimum lot area, 6,000 square feet.

Maximum number of single-family dwelling units per lot, one only.

Minimum lot frontage on a public street, 50 feet.

Minimum lot depth, 100 feet.

Minimum depth of front setback, 20 feet.

Minimum depth of rear setback, ten feet.

Minimum width of side setback:

Internal lot, five feet or as required by subdivision (note on plat).

External lot (abutting street), ten feet.

Minimum distance between separate structures on same lot or parcel of land, ten feet.

10.

Minimum distance from the public right-of-way to the entrance of:

Garage, ten feet.

Carport, five feet.

11.

Maximum building coverage as a percentage of lot area, 50 percent.

12.

Maximum height of structures, 36 feet or two stories.

13.

Minimum number of paved off-street parking spaces required:

HUD-Code manufactured homes or site built single-family dwellings, two.

All other uses, see "Off-Street Parking," article IV.

14.

See article VII for further clarification and exceptions and modifications.

PARKS:

Said facilities shall be for the explicit purpose of renting or leasing of HUD-Code manufactured home or recreational vehicle sites and shall not be construed to permit the sale of such lots.

At no time may an existing manufactured home park, or recreational vehicle park be converted to a manufactured home subdivision or recreational vehicle subdivision without first meeting all the requirements of the City of Pharr Subdivision Ordinance [chapter 30 of the Code of Ordinances] and receiving approval by the City Council of Pharr, Texas.

Before a one lot subdivision park is approved, the applicant must submit a development plan to be reviewed by the planning and zoning commission. The plan must include lot layout, setbacks, density, spacing, access, screening walls or landscaping, open space, pedestrian ways, public or private streets, alleys, recreational facilities, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a manufactured home park or recreational vehicle park.

Permitted uses:

One HUD-code manufactured home or recreational vehicle per space which is adequately wired and equipped for each, according to adopted city codes. The home must be skirted.

Portable building or storage building used as an accessory to the residential use and not for living quarters.

Temporary on-site construction offices limited to period of construction, or two years whichever is less.

Nurseries, greenhouses and gardens, where products are not to be sold.

Paved automobile parking areas which are necessary to the uses permitted in this district.

Conditional uses (require use permits, see article III):

Recreational and commercial facilities.

Institutional, including all day care centers.

Home occupations as defined in this ordinance.

Amusement parks, circus or carnival grounds, commercial amusement or recreational developments, or tents or other temporary structures used for temporary purposes.

A paved storage area for unoccupied recreational vehicles and equipment, such as boats and canoes, which must have a fence and a buffer as defined to separate and protect adjacent residential uses.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses.

Temporary construction offices for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

No more than one manufactured home or recreational vehicle may occupy one dedicated space.

The storage of equipment, material or vehicles, including abandoned vehicles, which are not necessary to the uses permitted in this district, except as noted in 2e [section 1.18 B.7].

Off-premises signs as defined in this ordinance.

Area requirements:

Minimum size of tract for development, five acres.

Minimum space area:

HUD-Code manufactured home, 4,000 square feet.

Recreational vehicles or mini-mobile homes, 1,500 square feet.

Minimum space frontage:

HUD-Code manufactured homes, 50 feet.

Recreational vehicles or mini-mobile homes, 30 feet.

Minimum lot depth:

HUD-Code manufactured homes, 90 feet.

Recreational vehicles or mini-mobile homes, 60 feet.

Minimum depth of front setback from public right-of-way:

HUD-Code manufactured homes, ten feet.

Recreational vehicles or mini-mobile homes, five feet.

Minimum rear setback, five feet.

Minimum width of side setback, five feet.

Maximum number of residential structures per approved space, one.

Minimum distance from the public right-of-way to the entrance of a:

Garage, ten feet.

Carport, five feet.

10.

Maximum height of structures, 25 feet.

11.

Minimum number of paved off-street parking spaces required for:

Each HUD-Code manufactured home or recreational vehicle, two. ^[4]

All other uses, see "Off-Street Parking," article IV.

12.

See article VII for further clarification, exceptions and modifications.

(Ord. No. O-2002-23, §§ 1, 2, 5-14-02; Ord. No. O-2019-19, §§ 19—22, 6-17-19)

Footnotes:

--- (4) ---

In a HUD-Code manufactured home or recreational vehicle park, 50 percent of such parking may be provided within 200 feet of the spaces that require the parking.

Sec. 1.20. - OP office and professional district.

Purpose:

The OP office and professional district is established to create a restrictive district for "clean," attractive, low-intensity office or professional uses, and is considered the "highest" commercial district.

The uses allowed in this district should not have a blighting effect on adjacent residential areas, and may be located close to all types of residential uses, with appropriate buffers and landscaping. Uses with excessive amounts of traffic, noise, or litter, or with late-night hours are not suitable for this district.

Because the uses in this district are intended to be low-intensity uses that are compatible with residential areas and will not create excessive amounts of traffic, it may be suitable for shallow depth lots or residential sized lots along a major thoroughfare when developed in accordance with the comprehensive plan. Uses in this district may also be located on streets with potential congestion problems.

The low-intensity commercial uses allowed in this district are still more intensive than nearly all types of residential developments. Areas should not be zoned to this usage unless they are located on or close to arterials or collectors capable of carrying the additional traffic they will generate, and where there is increased water, fire protection, wastewater, and drainage capacity. Although such uses may locate adjacent to residential areas, they still must be buffered and landscaped to protect such adjacent areas. The traffic from such uses should not travel any long distances over residential sized streets or through residential areas.

In order to encourage a high standard of office development and to make sure such uses are compatible with adjacent residential districts, the area requirements are more restrictive than for office development in other districts, especially when such uses abut residential areas. This district does allow, however, high-rise office complexes when the setbacks are sufficient and the buildings are located far enough from a residential district.

Permitted uses:

Office buildings for professional occupations including: executive, administrative, legal, accounting, writing, clerical, stenographic, drafting, and real estate.

Medical offices, including clinics, where activities are conducted within a totally enclosed building.

Other uses similar to the above.

An accessory use customarily related to a principal use authorized in this district such as a pharmacy or apothecary shop, stores limited to corrective garments or bandages, or optical company or eating establishments accessory to the office complex for the convenience of the occupants and clients may be permitted, provided it is within the building to which it is accessory and does not have a direct outside entrance for customers.

Drive-ins that are accessory to permitted uses in this district.

Paved parking lots.

Provisions for the parking of vehicles may be incidental to the primary use. Such use located within 60 feet of a residential zone must be separated from said lot by a solid buffer fence, must be paved and at a minimum of 35,000 square feet in lot size. If parking of vehicles requires the transport of vehicles to destination, such vehicles must be transported in a light duty weight class truck and cannot exceed 10,000 GVWR (pounds).

On-premises signs, illuminated or animated, in accordance with adopted city ordinances and codes.

Agricultural uses on unplatted land, in accordance with all adopted city ordinances and codes.

Conditional uses (require use permits, see article III):

All residential uses meeting the area requirements of districts in which they are allowed.

A mobile home on an unsubdivided tract of five acres or more, or used as a temporary office.

A mobile home used as the residence of a night watchman for the security of the premises on which it is located.

Funeral homes.

Banks, credit unions, savings and loan associations.

C.1. ^[5]

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Off-premises signs as defined in this ordinance.

Area requirements:

Minimum site size, 6,000 square feet.

Minimum site frontage on a public street, 50 feet.

Minimum site depth, 100 feet.

Minimum depth of front setback, 20 feet plus half the building height over 36 feet, with a 50-foot maximum.

Minimum width of side setback:

Without fire-retardant wall or side yards adjacent to streets, six feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting residentially zoned property or side yards adjacent to streets, ten feet plus half the building height over 35 [sic] feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Abutting nonresidentially zoned property, with fire-retardant wall or alley separating, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Without fire-retardant wall or alley or abutting residential property, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 12 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 40 percent.

Maximum amount of impervious coverage as a percentage of lot area, 80 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, 20 percent.

11.

Maximum floor area ratio, 4:1.

12.

Maximum height of structures, 36 feet or four feet for each one foot of setback from the closest property line, whichever is greater.

13.

Residential uses must meet the requirements of the residential district in which they are allowed.

14.

Minimum number of paved off-street parking spaces required, see "Off-Street Parking," article IV.

15.

Maximum number of entrances and/or exits:

On arterial streets, one per site per each 200 feet of street frontage.

On collector streets, one per site per each 100 feet of street frontage.

On local streets, one per site per each 50 feet of street frontage.

16.

Lots with nonresidential uses that have a side or rear contiguous or separated only by an alley, or easement or street, from any residential district must be separated from such residential district by a buffer as defined.

17.

The building code may impose more restrictive area requirements depending on the size, use and construction of the structures. See article VII for further clarification, exceptions, and modifications.

(Ord. No. O-2017-49, § 5, 11-20-17)

Footnotes:

--- (5) ---

Section 1.20 contained two subsections designated C. To avoid confusion, the editor has designated the second of the two as C.1.

Sec. 1.21. - NC neighborhood commercial district.

Purpose:

The NC neighborhood commercial district is established as a limited retail category intended for use near neighborhood areas for the purpose of supplying day-to-day retail needs of the residents in the area. The city will not zone for NC usage in advance unless asked to do so by the property owner. This district could, therefore, be considered a "floating zone."

The NC district shall occur only at corner locations if both intersecting streets are minor arterials or larger as identified in the comprehensive land use plan.

Since the site is typically small, and surrounded by residential type land uses, this zoning would have the appearance of a spot zone. It is not an illegal spot zone, however, if it is called for in the comprehensive plan, or if it serves a need in the neighborhood.

While the NC district may gradually expand away from the intersection, it must begin at one of the four corner sites.

Care must be taken to ensure that adjacent residential uses are protected. Uses with excessive amounts of traffic, noise, or litter are not intended for this district. The area, landscaping, and buffering requirements are more restrictive in this district in order to protect adjacent uses.

Permitted uses: Planned neighborhood convenience centers with any of the following permitted uses, provided the site is not larger than three acres:

Generally recognized retail businesses which supply commodities on the premises for persons residing in adjacent residential areas, such as groceries, meats, dairy products, baked goods, gasoline and similar items.

Personal services establishments that perform services on the premises such as: beauty parlor, barbershop, shoe repair and self-service laundries, and similar uses, but not including automotive, armature and appliance repair services, and similar type uses.

Personal services including the following: outpatient medical clinics, offices of doctors, dentists, and similar or allied professions.

On-premises signs, including those that are illuminated. All signs must be attached to the building and not project more than 12 inches.

Conditional uses (require use permits, see article III):

A mobile home used as a temporary office. Not to exceed six months.

Business establishments which perform services on the premises such as banks, loan companies, insurance and real estate offices.

Planned neighborhood convenience centers of over three acres.

Accessory structures (including portable buildings) and uses customarily incidental to the above-permitted uses.

Required conditions:

All retail and business establishments must conduct their business within a completely enclosed building except for retail outlets where gasoline products are sold.

Veterinary hospitals or clinics are subject to the limitation that all activities be conducted within a totally enclosed building with no open area impoundment and no external effects such as noise or odor.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Off-premises signs.

Any use of property that does not meet the required minimum lot size; front, side and rear dimensions, and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required.

Area requirements:

Minimum site size:

Six thousand square feet.

Fifteen thousand square feet if there are going to be gasoline sales.

Minimum site frontage on a public street, 50 feet.

Minimum site depth, 100 feet.

Minimum depth of front setback:

Without gasoline sales, 30 feet.

With gasoline sales, 60 feet. (Pumps and pump canopy, 15 feet.)

Minimum width of side setback:

Without fire-retardant wall, five feet or ten percent of the lot width, whichever is greater but not to exceed 15 feet unless the property owner voluntarily wants to have more.

2.[b.]

With fire-retardant wall, zero feet.

3.[c.]

Abutting residentially zoned property or exterior side of building, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Ten feet from property line unless there is an alley in which case it would be zero feet.

Minimum distance between detached buildings on the same lot or parcel of land:

With fire-retardant wall, zero feet.

Without fire-retardant wall, 12 feet.

Maximum building coverage as a percentage of lot area, 40 percent.

Maximum amount of impervious coverage as a percentage of lot area, 85 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, 15 percent.

11.

Maximum floor area ratio, 1:1.

12.

Maximum height of structures, 2½ stories or 36 feet.

13.

Residential uses must meet the requirements of the residential district in which they are allowed.

14.

Minimum number of paved off-street parking spaces required, see "Off-Street Parking," article IV.

15.

Maximum number of entrances and/or exits, one per site per each 200 feet of street frontage.

16.

NC uses that have a side or rear contiguous or separated only by an alley, or easement or street, from any residential district must be separated from [the] residential district street by a buffer as defined.

17.

The building code may impose more restrictive area requirements depending on the size, use and construction of the structures. See article VII for further clarification, exceptions, and modification.

Sec. 1.24. - C-2 business district.

Purpose:

The business district is established to accommodate the existing development in the central area of the city, and to protect the character of this area. It recognizes the unique characteristics of the downtown and its space limitations.

The use of this district should be limited to those areas that are currently developed as the downtown. Areas that do not have additional on-street parking to make up for the lack of off-street parking, that do not have any trouble meeting the requirements of the general business district, or that are on the fringe of the C-2 district should be zoned general business district, and meet the additional area requirements.

Existing uses that are part of the C-2 business district require less area and off-street parking requirements since the properties in this district have a very high floor area ratio, and very little additional land for landscaping, off-street parking, and setbacks.

Permitted uses:

Generally recognized retail businesses which supply commodities on the premises, such as groceries, meats, dairy products, baked goods, clothing and notions, or hardware and similar uses.

Personal services establishments which perform services on the premises such as: repair shops (watches, radios, TV, shoes, etc.), tailor shops, beauty parlors or barbershops, photographic studios and self-service laundries; and similar uses but not including automotive repair services and armature repair services.

Dry cleaning establishments or pickup stations dealing directly with consumers. Central dry cleaning plants servicing more than one retail outlet are not permitted.

Personal services including the following: outpatient medical clinics, offices of doctors, dentists, osteopaths and similar or allied professions.

Restaurants.

Hotels and motels.

Sale of liquor, subject to all other adopted ordinances.

On-premises signs, including those that are animated or illuminated.

Paved commercial parking lots.

10.

Other uses similar to the above.

Conditional uses (require use permits, see article III):

All residential uses meeting the area requirements of districts in which they are allowed.

Gasoline service stations or retail outlets where gasoline products are sold.

Drive-in business establishments that use a driveway approach or parking spaces for motor vehicles to service patrons while in motor vehicles, rather than within a building or structure, including drive-in restaurants.

Planned neighborhood convenience centers, including any or all of the above-permitted or conditional uses, provided the site is not larger than five acres and that access to such center is from a designated collector or larger street.

Accessory structures and uses customarily incidental to the above-permitted uses.

Portable buildings.

Restaurants selling or distributing alcoholic beverages for on-premises consumption. Conditional use permits shall be issued to such establishments only if the applicant agrees to comply with all applicable zoning requirements and conditions. If an establishment is denied a conditional use permit or has its conditional use permit revoked, such establishment may not reapply under this subsection until one day [sic] has passed since the date of the previous denial or revocation.

Required conditions:

All business establishments other than those selling a service shall be retail service establishments dealing directly with customers. All goods produced on the premises shall be sold at retail prices on premises where produced.

All businesses servicing or processing shall be conducted within a completely enclosed building (except for off-street parking or loading), excluding drive-in businesses or gasoline service stations or retail outlets where gasoline products are sold.

Gasoline service stations or retail outlets where gasoline products are sold at retail prices are limited in their activity to the sale of gasoline, oil and minor accessories only, and incidental service. Repair work, steam cleaning or undercoating, vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, upholstery, auto glasswork, and such other activities whose external effects could adversely extend beyond the property line are not permitted.

Veterinary hospitals and clinics are subject to the limitation that all activities be conducted within a totally enclosed building with no open area impoundment and no external effects such as noise or odor which could adversely extend beyond the property lines.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Off-premises signs.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions, and/or lot width; or exceeds the maximum height, building coverage, or density per gross acre as required.

Area requirements:

Minimum site size, not applicable.

Minimum site frontage on a public street, not applicable.

Minimum site depth, not applicable.

Minimum depth of front setback, zero feet plus half the building height over 36 feet, with a 50-foot maximum.

Minimum width of side setback:

Without fire-retardant wall, six feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting residentially zoned property or side yards adjacent to streets, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Without fire-retardant wall or alley or abutting residential property, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 12 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 100 percent.

Maximum amount of impervious coverage as a percentage of lot area, 100 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, not applicable.

11.

Maximum floor area ratio, 10:1.

12.

Maximum height of structures, ten stories.

13.

Residential uses must meet the requirements of the residential district in which they are allowed, unless they are contained in the same building with commercial uses, in which case they shall meet the CBD requirements.

14.

Minimum number of paved off-street parking spaces required, ^[6] see "Off-Street Parking," section [article] IV.

15.

Lots with nonresidential uses that have a side or rear contiguous to or separated only by an alley, easement or street, from any residential district must be separated from such district by a buffer as defined.

16.

Maximum number of entrances and/or exits:

Arterial streets, one per site per each 200 feet of street frontage.

Collector streets, one per site per each 100 feet of street frontage.

Local streets, one per site per each 50 feet of street frontage.

17.

(Ord. No. 89-21, § 1, 8-1-89; Ord. No. O-91-46, § 1, 11-6-91)

Footnotes:

--- (6) ---

Uses requiring less than 50 parking spaces are exempt from the off-street parking requirements.

Sec. 1.25. - C general business district.

Purpose:

The general business district is established to provide adequate space and site diversification for most types of commercial development in the City of Pharr. Larger shopping centers and most of the existing commercial strips along major arterials would be included in this district. The uses specified in this district include most types of retail activity and some wholesale with the exception of those uses which are not compatible with the retail shopping function. For example, lumberyards, contractor yards, and warehousing with high volumes of truck traffic and low volumes of retail-type traffic are not included in this district.

This district will be the major retail district, with intensive commercial uses and large volumes of retail traffic. The noise, traffic, litter, late-night hours, and possible blighting influences require adequate buffering from residential areas, and the traffic from such uses should not pass through residential areas, except on arterials or major collectors.

Areas should not be zoned to this usage unless they are located on or close to arterials or major collectors capable of carrying the additional traffic they will generate, and in areas where there is increased water, fire protection, wastewater and drainage capacity.

This zone is the general business zone, and it is intended that most commercial uses fall in this district, with the exception of the heavy commercial type uses. Since the zone is of a general nature, the area requirements are less stringent and do not require as high a standard of development as the OP and NC districts.

Permitted uses:

Office buildings.

Any retail businesses, personal services, professional services, business services conducted within a completely enclosed building, except the following: lumberyards or contractor yards, farm equipment or other heavy equipment sales or services, farm products warehousing and storage or stockyards, general warehousing or storage.

Planned shopping centers and neighborhood convenience centers.

Hotel, motel and/or eating places.

Drive-in businesses.

Printing, publishing, and allied products manufacturing accessory to such use.

Rail and motor vehicle transportation passenger terminals.

Gasoline service stations, or retail outlets where gasoline products are sold.

Telephone, telegraph, television, radio or similar media stations, centers, studios, but not including public microwave, radio and television towers.

10.

Any wholesale trade, or wholesale trade accessory to any permitted retail operation except the following: raw cotton, grain, hide, skins, and raw furs, tobacco, wool or mohair, livestock, commercial or industrial machinery or supplies, metals and minerals, petroleum bulk stations and terminals, scrap or junk waste materials.

11.

Signs in accordance with adopted ordinances.

12.

Automotive repair, paint and body shops, provided all work is conducted wholly within a completely enclosed building. That portion of the land used for open storage of vehicles shall be paved and totally obscured by a wall or fence.

13.

Agricultural use of unplatted land in accordance with all other adopted ordinances.

14.

Other uses similar to the above.

15.

Paved commercial parking lots.

16.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, in accordance with all other applicable ordinances, and located more than 300 feet from any residentially zoned land.

17.

An accessory use customarily incident to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

A portable building used for a night watchman which is not larger than 200 square feet.

Establishments selling or distributing alcoholic beverages for consumption on premises. Conditional use permits shall be issued to such establishments only if the applicant agrees to comply with all applicable zoning requirements and conditions. If an establishment is denied a conditional use permit or has its conditional use permit revoked, such establishment may not reapply under this subsection until one day [sic] has passed since the date of the previous denial or revocation.

Household goods warehousing and storage in individually rented storage units (see chapter 26, article XI "self-storage or mini-warehouse facilities").

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

Minimum site size, 9,000 square feet.

Minimum site frontage on a public street, 65 feet.

Minimum site depth, 200 feet.

Minimum depth of front setback, 20 feet or equal to one-third the street right-of-way width on which the property fronts, plus one-half the building height over 36 feet with a 50-foot maximum, whichever is greater.

Minimum width of side setback:

Without fire-retardant wall, six feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

With a fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting residentially zoned property or side yards adjacent to street, ten feet or half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Without fire-retardant wall or alley or abutting residential property, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 12 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 50 percent.

Maximum amount of impervious coverage as a percentage of lot area, 90 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, ten percent.

11.

Maximum floor area ratio, 2:1.

12.

Maximum height of structures, 36 feet or four feet for each one foot of setback from the closest property line.

13.

Residential uses must meet the requirements of the residential district in which they are allowed.

14.

Minimum number of paved off-street parking spaces required, see "Off-Street Parking," article IV.

15.

Maximum number of entrances and/or exits:

Arterial streets, one per site per each 200 feet of street frontage.

Collector streets, one per site per each 100 feet of street frontage.

Local streets, one per site per each 50 feet of street frontage.

16.

17.

The building code may impose more restrictive area requirements, depending on the size, use and construction of the structures. See article VII for further clarification, exceptions and modifications.

(Ord. No. 84-44, § I, 7-31-84; Ord. No. 89-22, § 1, 8-1-89; Ord. No. O-91-47, § 1, 11-6-91; Ord. No. O-93-22, § 2, 8-17-93; Ord. No. O-2019-19, §§ 23, 24, 6-17-19)

Sec. 1.26. - HC heavy commercial district.

Purpose:

The heavy industrial commercial district is established to provide adequate space and site diversification for commercial establishments which would involve influences that would be objectionable in the other commercial districts or adjacent to residential districts. Included in this district are commercial uses that involve large volumes of truck traffic, outside operations and storage of materials and equipment, either for sale or as part of the business, excessive noise from heavy service operations, or any other possibly blighting influences.

This district is commercial in nature, but has some aspects that are similar to industrial uses. The noise, traffic, litter, late-night hours, outside storage of materials and equipment, and other possibly blighting influences require adequate buffering from residential areas, and the traffic from such uses should not pass through residential areas at all, if possible. These areas should not be located in close proximity to residential areas of any type. Residences and apartments should be discouraged from locating in this district.

Areas should not be zoned to this usage unless they are located on or close to arterials capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Fire protection should be adequate for large warehouse-type operations, and the water, wastewater, and drainage systems should have enough existing capacity to support such development.

Permitted uses:

Office buildings.

Any retail business, personal services, professional services, business services.

Planned shopping centers and neighborhood convenience centers.

Hotel, motel and/or eating places.

Sale of liquor subject to all other adopted ordinances.

Drive-in businesses.

Gasoline service stations, automotive and other repair services, paint and body shops, excluding wrecking yards, or retail outlets where gasoline products are sold.

Lumberyards or contractor yards, general warehousing and storage, farm equipment or other heavy commercial sales and service, farm products, warehousing and storage.

Printing, publishing, and allied products manufacturing accessory to such use.

10.

Telephone, telegraph, television, radio or similar media stations, centers, studios, but not including public microwave, radio and television towers.

11.

Rail and motor vehicle transportation passenger and freight terminals, and service centers.

12.

Any wholesale trades excluding: raw cotton, grain, hides, skins and raw furs, tobacco, wool or mohair, commercial or industrial machinery or synthetics, metals and minerals, petroleum bulk stations and terminals, packing sheds (and other raw material processing operations such as cotton gins) that are not conducted within a wholly enclosed building.

13.

Those uses of a commercial, retail or wholesale nature requiring large outdoor loading areas, generating heavy truck or rail traffic and requiring access to major transportation channels and/or creating influences not acceptable in the C district.

14.

Accessory structures and uses customarily incident to the above permitted uses, including the residence for night watchman or caretaker employed on the premises.

15.

Other uses of similar character.

16.

Signs in accordance with adopted ordinances.

17.

Agricultural use of unplatted land in accordance with all other adopted ordinances.

18.

Paved commercial parking lots.

19.

Conditional uses (require use permits, see article III):

A portable building used for a night watchman which is not larger than 200 square feet.

Commercial uses that involve outside storage of materials and equipment and/or outside operations and/or with business hours between the hours of 7:00 p.m. to 7:00 a.m.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimensions; and/or lot width; or exceeds the maximum height, building coverage or density per gross acre as required.

Area requirements:

Minimum site size, 9,000 square feet.

Minimum site frontage on a public street, 65 feet.

Minimum site depth, 200 feet.

Minimum width of side setback:

Without fire-retardant wall, six feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting residentially zoned property or side yards adjacent to streets, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Without fire-retardant wall or alley or abutting residential property, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 12 feet plus half the building height over 36 feet, but in no case shall more than 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 80 percent.

Maximum amount of impervious coverage as a percentage of lot area, 95 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, five percent.

11.

Maximum floor area ratio, 4:1.

12.

Maximum height of structures, 36 feet or four feet for each one foot of setback from the closest property line, whichever is greater.

13.

Residential uses must meet the requirements of the residential district in which they are allowed.

14.

Minimum number of paved off-street parking spaces required, see "Off-Street Parking," article IV.

15.

Maximum number of entrances and/or exits:

Arterial streets, one per site per each 200 feet of street frontage.

Collector streets, one per site per each 100 feet of street frontage.

Local streets, one per site per each 50 feet of street frontage.

16.

17.

The building code may impose more restrictive area requirements, depending on the site, use and construction of the structures. See article VII for further clarification, exceptions and modifications.

(Ord. No. 89-22, § 1, 8-1-89; Ord. No. 89-41, § 1, 10-3-89; Ord. No. O-91-48, § 1, 11-6-91; Ord. No. O-93-22, § 3, 8-17-93)

Sec. 1.30. - LI limited industrial district.

Purpose:

Industrial development represents a substantial part of the economic base at Pharr, and more is desired. The rapidly changing variety of industry found in Pharr and the development of modern technology make it appropriate and desirable to provide for standards of industrial performance rather than to attempt to categorize by name. The purpose of this district is to create a limited industrial zone that provides for the modern type of industrial uses or industrial park. With the exception of hazardous materials manufacture, this zone allows the same uses as the HI, heavy industrial district. Limitations are placed on the uses in this district to significantly restrict the outside activities and storage of materials, noise, vibration, smoke, pollution, fire and explosive hazard, glare and any other potentially blighting influences. These limitations create a zone that could be considered the "highest and cleanest" industrial zone.

This zone is intended for industrial parks and larger, cleaner types of industries. The manufacturing uses should be conducted within a totally enclosed building. Any activities conducted outside should be screened and buffered, and no external effects such as excessive noise or odor should extend beyond the property lines. The sites for such uses are typically a minimum of two acres and average five to ten acres, with a significant amount of land dedicated to landscaping.

Because this is a limited industrial zone with substantial screening and buffering requirements, limited industrial uses are suitable for high-visibility locations such as along the freeway, or within a reasonable distance of residential areas. Residential uses should be discouraged from locating within the industrial district to protect the industries from residential complaints.

Areas should not be zoned to this usage unless they are located on or close to arterials capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Each industry should work with the city to make sure the water pressure and capacity is adequate to provide fire protection for that particular industry before such industry is developed. Industries should also be required to prove that the water, wastewater, and drainage capacity is adequate before they are allowed to develop.

Permitted uses:

Any of the following uses when the manufacturing, compounding, or processing of previously prepared materials are conducted wholly within a completely enclosed building. That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing or for truck loading and unloading shall be totally obscured by a wall on those sides abutting a residentially zoned district, or an OP, NC, or C-2 district.

The manufacturing, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceutical, toiletries, food products, hardware and cutlery;

The manufacturing, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, sheetmetal (excluding saw and planning mills) and yarns;

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas;

Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small molded rubber products;

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios, and phonographs;

Laboratories—Experimental, film or testing;

Manufacture and repair of electric or neon signs, sheetmetal products, including heating and ventilating equipment, cornices, eaves and the like;

Tool, dye, gauge and machine shops;

All public utilities, including buildings, necessary structures, storage yards and other related uses;

Any retail business, personal services, professional services, or business services;

Office buildings and accessory uses;

Restaurants and drive-in businesses;

Gasoline service stations, or retail outlets, where gasoline products are sold;

Automotive and other repair services, excluding wrecking yards;

Warehousing and storage;

Any wholesale trades conducted in an enclosed building;

Agricultural uses unplatted land in accordance with all other ordinances;

Other uses of a similar and no more objectionable character to those principal uses permitted subject to any and all provisions of ordinance relating to the use of property within the City of Pharr.

Accessory structures and uses customarily related to the above principal uses authorized in this district, including the residence for a night watchman or caretaker employed on the premises.

Amusement parks, circus or carnival grounds, commercial amusements or recreational developments or tents or other temporary structures used for meetings, in accordance with all other applicable ordinances, and located more than 300 feet from the nearest residentially zoned land.

Conditional uses (require use permits, see article III):

A portable building used for a night watchman which is not larger than 200 square feet.

Commercial uses that involve outside storage of materials and equipment and/or outside operations and/or with business hours between the hours of 7:00 p.m. to 7:00 a.m.

Prohibited uses:

Any manufacturing use that involves the use and/or storage of substantial amounts of hazardous or flammable materials, such as petroleum products, that in the opinion of the fire marshal is a potential hazard.

Any building erected or land used for other than one or more of the preceding specified uses.

Any use that exceeds the performance standards listed in article VIII, or whose external effects create excessive noise, vibration, odor, smoke, pollution, or glare extending beyond the property line. Complaints under this section shall be served by the director of planning and complaints filed with the municipal judge if the director of planning determines that there is probable cause to believe a violation of the subsection as alleged exists.

Area requirements:

Minimum site size, two acres.

Minimum site frontage on a public street, 100 feet.

Minimum site depth, 200 feet.

Minimum width of side setback:

With or without fire-retardant wall, 15 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting nonresidentially zoned property, 30 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Abutting nonresidentially zoned property, fire-retardant wall or alley separating, 15 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Abutting residential property, 30 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 15 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 60 percent.

Maximum amount of impervious coverage as a percentage of lot area, 80 percent.

10.

Minimum amount of landscape areas as a percentage of lot area, 20 percent.

11.

Maximum floor area ratio, 2:1.

12.

Maximum height of structures, 36 feet or four feet for each one foot of setback from the closest property line, whichever is greater.

13.

Minimum number off-street parking spaces required, see "Off-Street Parking," article IV.

14.

Maximum number of entrances and/or exits:

Arterial streets, one per site per each 200 feet of street frontage.

Collector streets, one per site per each 100 feet of street frontage.

Local streets, one per site per each 50 feet of street frontage.

15.

16.

The building code may impose more restrictive area requirements, depending on the size, use and construction of the structures. See article VII for further clarification, exceptions and modification.

(Ord. No. 89-22, § 1, 8-1-89; Ord. No. 89-41, § 2, 10-3-89; Ord. No. O-91-49, § 1, 11-6-91; Ord. No. O-93-22, § 4, 8-17-93)

Sec. 1.31. - HI heavy industrial district.

Purpose:

The City of Pharr recognizes that some industrial uses, such as wrecking yards and packing sheds, cannot be conducted within a totally enclosed building, are not visually attractive, may involve hazardous materials, and do have adverse impacts due to noise, odor, pollution, etc. The heavy industrial district is intended to provide adequate space and site diversification for such types of development.

The area requirements in this district are minimal, and will allow both large and small industrial uses either on separate small lots or as part of a park. Some screening is required, but because of the potential for hazardous or possibly blighting uses, this district should not be located close to residential areas of any type. Residential uses should not be allowed within the district for the same reasons.

Areas should not be zoned to this usage unless they are located on or close to arterials capable of carrying commercial and truck traffic. They should be located close to major truck routes. Internal streets in such developments should be sized and strengthened to accommodate truck traffic. Each industry should work with the city to make sure the water pressure and capacity is adequate to provide fire protection for that particular industry before such industry is developed.

Permitted uses:

Any manufacturing or processing use, including those whose operations are not conducted within a totally enclosed building.

The outside storage of materials or equipment that is not screened.

Laboratories—Experimental, film or testing.

All public utilities, including buildings, necessary structures, storage yards, and other related uses.

Any retail business, personal services, professional services, or business services.

Office buildings and accessory uses.

Restaurants and drive-in businesses.

Gasoline service stations, or retail outlets where gasoline products are sold.

Automotive and other repair services, excluding wrecking yards.

10.

Warehousing and storage.

11.

The residence of a night watchman or caretaker employed on the premises, including mobile homes.

12.

Any wholesale trades including row [raw] cotton, grain, hides, skins, and raw furs, tobacco, wool or mohair, commercial or industrial machinery or synthetics, metals and minerals, and petroleum bulk stations and terminals.

13.

Amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents or other temporary structures used for meetings, in accordance with all other applicable ordinances, and more than 300 feet from residentially zoned land.

14.

Accessory uses and structures customarily related to the above principal uses authorized in this district, including a mobile home used as an office.

Conditional uses (require use permits, see article III):

The use of hazardous materials in manufacturing or processing operations except for those uses which the planning and zoning commission and/or city commission deems detrimental to the health, safety and/or general welfare of the citizens of Pharr.

Prohibited uses:

Those uses, which in the opinion of the planning and zoning commission and/or city commission would be detrimental to the health, safety, or general welfare of the citizens of Pharr or to adjacent development.

Any building erected or land used for other than one or more of the proceeding specified uses.

Any use that exceeds the performance standards listed in article VIII, or whose external effects such as excessive noise, vibration, odor, smoke, pollution, or glare extend beyond the property line.

Area requirements:

Minimum site size, 10,000 square feet.

Minimum site frontage on a public street, 65 feet.

Minimum site depth, 100 feet.

Minimum depth of front setback, 20 feet or equal to one-third the street right-of-way width on which the property fronts, plus half the building height over 36 feet with a 50-foot maximum, whichever is greater.

Minimum width of side setback:

Without a fire-retardant wall, six feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

With a fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Abutting nonresidentially zoned property, 30 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot side setback be required.

Minimum depth of rear setback:

Abutting nonresidentially zoned property, fire-retardant wall or alley separating, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Without fire-retardant wall or alley, ten feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Abutting residential property, 30 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot rear setback be required.

Minimum distance between detached buildings on the same lot or parcel of land:

Without fire-retardant wall, 12 feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

With fire-retardant wall, zero feet plus half the building height over 36 feet, but in no case shall more than a 50-foot distance between detached buildings be required.

Maximum building coverage as a percentage of lot area, 95 percent.

Maximum amount of impervious coverage as a percentage of lot area, 95 percent.

10.

Minimum amount of landscaped areas as a percentage of lot area, five percent.

11.

Maximum floor area ratio, 4:1.

12.

Maximum height of structures, 36 feet or four feet for each one foot of setback from the closest property line, whichever is greater.

13.

Minimum number of off-street parking spaces required, see "Off-Street Parking," article IV.

14.

Maximum number of entrances and/or exits:

Arterial streets, one per site per each 200 feet of street frontage.

Collector streets, one per site per each 100 feet of street frontage.

Local streets, one per site per each 50 feet of street frontage.

15.

Lots with nonresidential uses that have a side or rear contiguous to or separated only by an alley, easement, or street, from any residential district must be separated from such district by a buffer as defined.

16.

(Ord. No. 89-22, § 1, 8-1-89; Ord. No. O-91-50, § 1, 11-6-91)

Sec. 1.35. - PUD planned unit development district.

Purpose: In certain instances the purposes of the zoning ordinance may be achieved by the development of planned units which do not conform in all respects with the land use pattern designated on the zoning map or the district regulations prescribed by this ordinance or the subdivision ordinance. A planned unit development (PUD) may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well-planned comprehensive developments, and provide for variety and flexibility in the development patterns of the city which conform with the purposes of the general plan. The planning and zoning commission is empowered to grant permits for planned unit developments subject to review and approval by the governing body.

Permitted uses: The following uses are permitted as part of an approved planned unit development:

Townhouse development.

Cluster or zero lot line housing.

Apartments, especially high-rise apartments.

Mobile homes and recreational vehicles.

Shopping centers.

Office parks.

Industrial parks.

Civic centers or community centers.

Medical centers or hospitals.

10.

Any combination of uses that are compatible with one another.

11.

Other such uses that lend themselves to planning concepts that may not be allowed in other zoning districts.

12.

For purposes of this ordinance, land use designations in a planned unit development will reflect a specific zone classification in determining allowed uses. Other uses may be considered by the planning and zoning commission and the city commission at the time the ordinance is approved if the additional uses are shown to be compatible to other uses in the development and the surrounding land uses.

Prohibited uses:

Any building erected or land used for other than the use shown on the planned unit development plan, as approved by the planning and zoning commission, and as recorded with the director of planning and chief building inspector.

Any use of property that does not meet the required minimum lot size; front, side and rear yard dimension; and/or lot width, or exceeds the maximum height, building coverage or density per gross acre as shown in the recorded development plan, and approved by the planning and zoning commission.

Any use deemed by the planning and zoning commission and/or city commission as being detrimental to the health, safety or general welfare of the citizens of Pharr.

Area requirements and development standards:

Minimum size of a residential planned unit development, five acres.

Minimum size of a commercial and/or industrial planned unit development, five acres.

Minimum size of a planned unit development combining residential, commercial or industrial uses, five acres.

Development standards and area requirements for each use shall meet or exceed the maximum and minimum standards applicable to such uses as if those uses were situated in the least restrictive districts in which such uses are permitted.

Modification of these development standards shall be considered by the planning and zoning commission and the city commission under the following circumstances:

The proposed modifications substantially meet the intent of the zoning and subdivision ordinances and the comprehensive plan.

The proposed modification provides for better project design.

The combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

The development will not generate more traffic than the streets in the vicinity can carry without congestion and the development will not overload utilities.

Financial reasons will not be the sole reason for modification of standards.

In approving the planned unit development ordinance and concept and/or development plan, the city commission shall, after recommendations by the planning and zoning commission, specify such land uses, maximum height, floor area ratios, density, minimum off-street parking and loading standards, setbacks, site coverage, minimum off-street parking and loading standards, setbacks, site coverage, building spacing, access, screening walls or landscaping, building area, open space, pedestrian ways, public or private streets, alleys, and other development and protective requirements considered necessary to protect the health, safety and general welfare, and to create a reasonable transition to and protection from property adjacent to a planned unit development district. Such standards shall be specified in the ordinance establishing the district, and in the concept and the development plan.

Application process: An application for a planned unit development district shall be made to the planning and zoning commission in the same manner that an application for a zone change is made. An application shall include and be accompanied by a concept plan as set out in paragraph 5a [subsection E1] of this section, which shall become a part of the amending ordinance. A complete development plan as set out in paragraph 5b [subsection E2] of this section, may be substituted for a concept plan, and will constitute both the concept and the development plan. In addition to the requirements outlined in paragraphs 5a and 5b [subsections E1 and E2] of this section, the planning and zoning commission and city commission may require additional information or special plans related to specific elements of the planned development. Upon receipt of the application and concept plan, the director of planning or his designated representative shall follow notification requirements for a public hearing as specified in article X, section 1.81.

Concept plan:

An applicant may submit a concept plan with the application for a planned unit development district if the applicant is not ready to begin development of part or all of the site. The concept plan shall contain all information that may be necessary to ensure that the development complies with all applicable regulations and requirements.

The concept plan shall be prepared on a site topography base map at a scale of one inch equals 100 feet, or at a scale to be specified by the city staff, with no less than five-foot contour intervals and shall include:

(1)

A metes-and-bounds description of the entire planned development tract.

(2)

A drawing locating floodplain areas, water bodies, creeks, drainage areas, and significant natural features such as major tree groupings and important view corridors.

(3)

Sufficient evidence to establish that the applicants are in fact all the owners or have control of all outstanding interest of the land and structures thereon.

(4)

A drawing locating all land use areas, showing gross acreage of each use, maximum lot coverage, maximum height, minimum setbacks, net residential densities, and floor area ratio and approximate gross floor area for all commercial, industrial and office uses.

(5)

Location of all major access points, thoroughfares, and collectors within the development.

(6)

Identification of all major land use classifications and the approximate acreages within the development as related to current zoning district designations or the specific purpose. The designated usage will not be assumed to establish area requirements as established within the zoning district, but these requirements shall be used as guidelines in the final determination of area requirements.

(7)

Indication of each phase of development and the timing if the proposed planned development is to be in separate phases.

(8)

Indication by acreage or percentage of total development all major areas planned for public and private open space.

(9)

Land area included with the site and the land area of all abutting sites with the zoning classifications thereon, and all public and private rights-of-way and easements bounding and intersecting the site.

(10)

The concept plan shall be signed by the applicant's engineer and planner. A location map shall accompany the concept plan, showing the relationship of the planned unit development to adjacent properties and the land uses and thoroughfares shown on the comprehensive plan and intended for the area.

The application by the owner or owners to the planning and zoning commission for approval of the concept plan shall be handled in the same manner as any zoning change under the zoning ordinance. The applicant shall submit three copies of the concept plan to the director of planning. After receiving the recommendation of the director of planning, the planning and zoning commission shall make a recommendation to the city commission to either approve or deny the rezoning to planned unit development, and to either approve, modify, or deny the concept plan and conditions. At the public hearing before the city commission, the city commission may approve or deny the rezoning request and may approve, deny or modify the concept plan.

Development plan:

[Submission; conformance to concept plan:] An applicant must submit a final development plan which shall be recorded and kept on file by the city. The development plan must conform to the approved concept plan, either for the total planned unit development district, or for each phase. Consideration of a development plan which does not deviate from the approved concept plan will not require additional public hearings.

[Major changes:] Major changes in the development plan shall be considered the same as amendments to the zoning ordinance and shall be processed as required. The following changes are not considered major changes:

(1)

Changes that do not alter the basic relationship of the proposed development to adjacent property.

(2)

Changes that retain the character of the development.

(3)

Changes that do not significantly alter the uses permitted, or increase the density, setbacks, height, or coverage of the site.

[Changes affecting circulation, safety or utilities:] Changes that increase the problems of circulation, safety or utilities may be approved by the planning and zoning commission and the city commission without public hearing.

[Contents:] The development plan, in addition to those items included in the concept plan, shall include or show:

(1)

The development plan of the entire planned development or of the proposed phase at a scale of one inch equals 100 feet, or as specified by the city staff and showing the proposed finish grade of the area.

(2)

In addition to data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.

(3)

A description of the proposed lot or lots and the boundaries thereof, and proposed setbacks on the lots.

(4)

The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof. If a particular type structure is to be built a number of times, a typical lot layout may be substituted.

(5)

All public rights-of-way, curb cuts, driving lanes, parking areas, loading areas, public transportation areas, and illumination facilities for the same, including existing facilities to be relocated.

(6)

All pedestrian walks, malls, and open areas for use by tenants or visitors.

(7)

All reservations for public uses, including parks, playgrounds, schools and other open spaces.

(8)

The location and height of each wall, fence and screen planting.

(9)

All landscaped areas, including any reserved open space to be retained.

(10)

The location, size, height, and orientation of each sign, other than signs that are flat on building facades and that do not directly face property in an R district, or directional signs.

(11)

The types of surfacings, such as paving, turfing, or gravel, to be used at the various locations.

(12)

The locations, types and size of proposed drainage facilities, including underground pipe and watercourses.

(13)

The location of fire hydrants, utilities and easements.

(14)

Facilities for waste disposal on other than single-family uses.

(15)

For buildings more than one story in height, elevations and/or perspective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors, and exposures for access, light and air. This subsection does not apply to single-family, duplex and townhouse lots.

(16)

Any or all of the required features may be incorporated on a single drawing if such drawing is clear and suitable for evaluation by the city staff and city officials.

(17)

A legal instrument establishing a plan for permanent care and maintenance of any common areas or communally owned facility must be submitted before the development plan will be approved. All such instruments shall be approved by the city attorney as to legal form, and by the planning and zoning commission and city commission as to suitability for the proposed use of the common area.

(18)

The title page of each application and set of plans shall be signed by the applicant's architect, planner, landscape architect, engineer and/or land surveyor. In addition to the engineer and the planner, the applicant's submittal shall contain the professional services of at least two of the remaining three professionals involved in the design and construction of the environment.

Phase development: The preliminary development plan shall be divided into sections of proposed development so that in the event of failure to commence timely bona fide construction, as defined in subsection E.2.k(4)., in any section of an approved final development plan, there will be:

(1)

Definitely established lines showing the resulting boundaries of the reduced PUD district after the rezoning of the unused portion of the site area to its previous classification, and

(2)

A minimum of damage to the unused portion of the site from the standpoint of its usability for use following rezoning.

Processing of the development plan and filing fees:

(1)

The applicant shall file with the director of planning a reasonable number of copies (not less than three) of his development plans as required. The plan shall be accompanied by (1) application on a form prescribed for this purpose by the city and (2) payment of a fee in accordance with the adopted fee schedule.

(2)

Within 21 days of submittal of the development plan to the planning director, he shall recommend to the planning and zoning commission whether the said development plan conforms to the PUD ordinance amending the original zone and the concept plan contained therein. He shall also recommend whether the development plan shall be approved, disapproved, or approved subject to compliance with modifications or conditions.

(3)

After completing its review of a development plan, the planning and zoning commission shall submit such plan, and all pertinent data, together with a written list of recommendations to the board of commissioners [city commission] for their review and action. An approved development plan shall be delivered to the director of planning where it shall be registered and recorded as hereinafter set forth.

(4)

No development plan hereunder shall be approved unless it has been determined to be in full compliance with the approved concept plan. The action of the planning and zoning commission and the board of commissioners [city commission] shall be completed and due notice thereof, including a written statement of the reasons for disapproval or required modifications thereto, given to the applicant within ten calendar days of each such decision by the planning and zoning commission and board of commissioners [city commission].

(5)

If the development plan should deviate from the approved concept plan and ordinance, the planning and zoning commission and city commission may reject and disapprove such a plan and conditions and require a new application, filing fee and advertised public hearing.

(6)

Upon approval of the development plan, the applicant shall record with the director of planning, one copy of the approved plan. Before recording said plan, said plan shall be reviewed for compliance with any modifications or conditions of approval, and it shall be dated, and approved for recording by the director of planning or his designated representative.

(7)

Failure of the building inspector, planning director or planning and zoning commission to act within the time limits established herein shall not be construed as approval or disapproval of such plan.

Effects of recording: All final development plans registered and recorded with the Hidalgo County clerk's office hereunder shall be binding upon the applicant, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.

Amendment: All applicants for development plans which are disapproved may file with the reviewing agents who disapproved the plan, an amendment to such plan, or an amended plan, provided such amendment or amended plan shall be limited exclusively to changes made necessary to accomplish compliance and in response to reasons for disapproval stated by reviewing agent. Such amendment or amended plan shall be reviewed in accordance with the same time limit and procedures as provided herein for original submission.

Issuance of permit:

(1)

Upon, but not before, the approval, registration and recording of the development plan as herein set forth, the applicant(s) for said plan shall be entitled to apply for such permits and certificates as are necessary to proceed with the accomplishment of such plan.

(2)

Upon the approval of the concept plan and rezoning of a land parcel to PUD, planned unit development district, and upon the approval, registration and recording of the development plan, the director of planning or his designee shall issue to the applicant a permit to proceed with the accomplishment of said development plan in accordance with all other ordinances of the City of Pharr.

[Appeals:] Appeals shall be in the same manner as appeals of rezoning decisions and in accordance with sections 1.91 and 1.92.

Compliance with development plan:

(1)

The director of planning shall ensure compliance with this ordinance, the concept plan and the development plan. He shall:

(a)

Make inspections to determine compliance with the provisions of this ordinance and the concept plan and development plan, and initiate appropriate action if necessary.

(b)

Investigate thoroughly any complaints of noncompliance concerning the development plan and keep a record of all complaints, indicating any action taken.

(2)

Upon determination of noncompliance with the development plan, the director of planning shall take action as follows:

(a)

Give written notice to the property owner of the nature of the violation, the necessary action to remedy the violation, and the time period, not less than ten days nor more than 30 days after the date of notification, within which to comply.

(b)

Notify the planning and zoning commission of the noncompliance if the violations have not been corrected within the prescribed time period.

(3)

The planning and zoning commission, after due hearing, may revoke the approval of a development plan that has been reported in violation by the director of planning. Continued violation of the approved development plan will be a violation of the zoning ordinance and subject to the same penalties provided herein.

(4)

Approval or conditional approval of a development plan shall be effective for only one year. If development has not begun within that one year, the approval of the development plan by the city commission will become invalid. The city commission, upon recommendation by the planning and zoning commission, may extend the approval of the development plan an additional six months if they determine there has not been a substantial change in conditions that would require a change in the development plan.

Required conditions: The city commission shall approve the concept plan and development plan for a planned unit development if, on the basis of the application and the evidence submitted, the commission makes the following findings:

That the proposed location of the planned unit development is in accordance with the objectives of the general plan and the zoning ordinance and the purposes of the district in which the site is located.

That the standards of population density, site area and dimensions, site coverage, yard spaces, heights of structures, distances between structures, usable open space, off-street parking for the proposed development will not generate more traffic than the street in the vicinity can carry without congestion and will not overload utilities.

That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.

That the average dwelling unit (D.U.) density per net acre in that portion of a planned unit devoted to residential use can exceed the net D.U. density proposed in the approved comprehensive plan providing the gross density of the entire PUD does not exceed the gross average density of the planning area in which it is located. In calculating population density per net acre, all streets shall be excluded.

That the development is planned with adequate provisions for light, air, vehicular and pedestrian circulation, and recreational facilities equal to or better than the requirements of this ordinance.

That the design of grades, paving, gutters, drainage and treatment of turf are adequate to handle stormwaters and prevent erosion and formation of dust.

That the arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and facilities for waste disposal and illumination are adequate, safe and convenient.

That the pedestrian walks, malls, and public transportation loading places are adequate and properly located and separated from general vehicular circulation facilities.

That the arrangement of building and vehicular circulation open spaces are located so that pedestrians moving between buildings are not unnecessarily exposed to vehicle traffic.

10.

That the signs and lighting devices with respect to traffic control devices and adjacent residential districts are properly arranged.

11.

That the fences, walls, or yearround screen plantings are provided where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust, and to increase the visual privacy and residential neighborhood character.

Coordination with subdivision ordinance:

It is the intent of this ordinance that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned unit development under this section of the zoning ordinance.

The final development plans required under this section of this ordinance must be submitted in a form which will satisfy the requirements of the subdivision ordinance for the preliminary and final plans required under those regulations.

Both this section and the subdivision ordinance contain regulations which apply to such matters in the design of a planned development as streets, utilities, and open spaces.

In any planned development for which the provisions of the two ordinances are in conflict, the advice and written recommendations from the city engineer, director of planning, and/or public works director shall be given to the planning and zoning commission and city commission, which will make a recommendation to the city commission which shall determine which standard will prevail.

Pharr City Zoning Code

ARTICLE II

- USE DISTRICTS AND CONDITIONAL USES

Sec. 1.10. - A-O agricultural and/or open space district.

Purpose:

The zone is also to be used:

To provide a permanent greenbelt or open space buffer around uses that might otherwise be objectionable or pose environmental or health hazards.

To protect and preserve natural habitats of wildlife and/or plant life that are deemed critical by the planning and zoning commission.

Permitted uses:

Farming, ranching, related activities, and accessory uses including the owner's single-family dwelling plus any housing for employees working on the premises.

Signs in accordance with all applicable ordinances.

Commercial amusements, including amusement parks, circus or carnival grounds, commercial amusement or recreation developments, or tents, in accordance with all other applicable ordinances.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Single-family dwelling and accessory uses other than uses permitted above.

A mobile home on an unsubdivided tract of five acres or more.

Home occupations as defined in this ordinance.

Broadcast towers for radio, television, or microwave.

Extraction and drilling activities, including the removing, screening, crushing, washing and storage of ore, sand, clay, stone, gravel or other similar material.

Landing strips.

Facilities for the raising of animals including but not limited to dog kennels and catteries, in accordance with all applicable City of Pharr ordinances.

Outdoor commercial recreation, excluding drive-in theaters, but including golf courses, target ranges and skeet shoots, picnic groves; and other similar uses.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

10.

11.

Other uses which, as determined by the planning and zoning commission, are not contrary to the purposes established for this district.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

Area requirements:

Minimum lot area, 43,560 square feet.

Minimum lot frontage on a public street, 100 feet.

Minimum lot depth, 200 feet.

Minimum depth of front setback, 40 feet.

Minimum depth of rear setback, ten feet.

Minimum width of side setback:

Internal lot, six feet.

Corner lot, ten feet.

Minimum distance between buildings on the same lot or parcel of land, 12 feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

Maximum building coverage as a percentage of lot area, not applicable.

10.

Maximum height of structures, 35 feet. Where a structure exceeds the 35-foot height maximum, it shall be set back one additional foot for each foot above 35 feet.

11.

Minimum number of off-street parking spaces required for:

One single dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

12.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

Sec. 1.11. - R-1 single-family residential district.

Purpose:

Areas that are zoned for this use shall have water, wastewater, drainage and access to paved streets based on single-family usage.

It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of nonsingle-family traffic.

Developers wishing to restrict their subdivision to lot sizes in excess of what this ordinance requires shall use restrictive covenants.

Permitted uses:

One detached single-family dwelling per lot.

Agricultural uses on unplatted land, in accordance with all other adopted ordinances.

Public and private directional signs, official signs, political signs, nameplates, or real estate signs.

Church and other permitted institutions' signs showing names, activities and services therein provided.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, or on-site construction offices limited to the period of sale, construction or two years, whichever is less.

Nurseries, greenhouses and gardens, where the products are not to be sold.

Day care centers with less than six children enrolled at any one time.

10.

Paved automobile parking areas which are necessary to the uses permitted in this district.

11.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional uses, including day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Associated recreation.

Guesthouses, or separate servant quarters.

A mobile home on an unsubdivided tract of five acres or more.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered, and landscaped.

Real estate sales offices and on-site construction offices occupying mobile homes for more than two years.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district.

On- and off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Area requirements:

Minimum lot area:

With sewer, 6,000 square feet. In areas without approved sewage treatment facilities, minimum lot size will be determined based on results of approved percolation tests.

Maximum number of single-family detached dwelling units per lot, one.

Minimum lot frontage on a public street, 50 feet.

Minimum lot depth, 100 feet.

Minimum depth of front setback, 20 feet.

Minimum depth of rear setback, internal lot:

Primary structure, ten percent of lot depth but not less than nine feet or more than 15 feet.

Detached accessory use building, five feet or zero feet abutting an alley.

Minimum width of side setback:

Internal lot, five feet or as required by subdivision (note on plat).

Side yard setback abutting street, ten feet.

Minimum distance between separate buildings on the same lot or parcel of land, ten feet.

Minimum distance from the public right-of-way to the entrance to a garage or enclosed carport, unless otherwise specified by the planning and zoning commission, 18 feet.

10.

Maximum building coverage as a percentage of lot area, 50 percent.

11.

Maximum height of structures, 36 feet or 2½ stories.

12.

Minimum number of paved off-street parking spaces required for:

One single-family dwelling unit, two.

All other uses, see "Off-Street Parking," article IV.

13.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

(Ord. No. 87-16, § 1, 4-7-87; Ord. No. O-2000-31, § 1, 7-5-00; Ord. No. O-2019-19, §§ 1, 2, 6-17-19)

Sec. 1.11.1. - R-1A single-family residential district for lots less than 50 feet in width.

Purpose:

No new R-1A zoning will be allowed for new subdivisions approved after the effective date of this ordinance [December 3, 1985].

This district shall be confined to areas which are currently designated for residential dwellings.

Areas that are zoned for this use shall have water, sanitary sewer, drainage and access to paved streets based on residential usage.

It is intended for areas that are properly buffered from nonresidential uses, and protected from pollution and/or environmental hazards or from high volume of nonsingle-family traffic.

Permitted uses:

One detached single-family dwelling per lot.

Attached or detached carport or garage.

Public and private directional signs, official signs, political signs, nameplates, or on-premises real estate signs.

On-premises signs for churches and other institutions showing names, activities and services therein provided.

Portable buildings or storage buildings used as an accessory to the residential use and not for living quarters.

Temporary real estate sales offices located on property being sold, limited to the period of sale; or on-site construction offices limited to the period of construction.

Nurseries, greenhouses and gardens, where the products are not to be sold.

Day care centers with six children or less enrolled at any one time.

10.

Paved automobile parking areas which are necessary to the uses permitted in this district.

11.

An accessory use customarily related to a principal use authorized in this district.

Conditional uses (require use permits, see article III):

Institutional uses, including day care centers with more than six children enrolled at any one time.

Home occupations as defined in this ordinance.

Facilities for railroads or those utilities holding a franchise under the City of Pharr.

Paved parking facilities for nonresidential uses that are not allowed in this district, if properly screened, buffered and landscaped.

Prohibited uses:

Any building erected or land used for other than one or more of the preceding specified uses.

The storage of equipment, material or vehicles, including abandoned vehicles which are not necessary to the uses permitted in this district.

Off-premises signs, portable signs, animated or illuminated signs.

A driveway or crosswalk, as distinct from a dedicated street, to provide access to premises in a commercial or industrial district.

Any use of property that does not meet the required front, side and rear yard setback; or exceeds the maximum height, or density per gross acre as required.

Area requirements:

Minimum lot area, one full legally recorded lot.

Maximum number of single-family detached dwelling units per lot, one.

Minimum lot frontage on a public street, 25 feet.

Minimum lot depth, 70 feet.

Minimum depth of front setback, 15 feet.

Example: Front Setbacks

Lot 1	8′	Encroaching lot	8′
Lot 2	10′	Encroaching lot	10′
Lot 3	15′	Meets setback
Lot 4	5′	Encroaching lot	5′
Lot 5	15′	Meets setback
Lot 6	8′	Encroaching lot	8′
			31′

31′ ° 4 (Encroaching Lots) = 7.75′ = 8′ setback (Average)

Minimum depth of rear setback:

Primary structure, ten percent of lot depth.

Detached accessory uses, five feet or zero feet abutting an alley.

Example: Rear Setbacks (Sample Sized Lots - 90′ Deep)

Lot 1	9′	Meets setback
Lot 2	5′	Encroaching lot	5′
Lot 3	6′	Encroaching lot	6′
Lot 4	8′	Encroaching lot	8′
Lot 5	9′	Meets setback
Lot 6	6′	Encroaching lot	6′
			25′

25′ ° 4 (Encroaching Lots) = 6.25′ = 6′ setback (Average)

Minimum width of side setback:

Lot Width	Internal Side Setback	Corner Setback
25′	3′	7′
26′—50′	3′	7′
51′—over	10% of lot width not to exceed 15′ maximum	10′

Minimum distance between the primary structure and all other structures on same lot or parcel of land, ten feet.

Maximum building coverage as a percentage of lot area, N/A.

10.

Maximum height of structures, 36 feet or 2½ stories.

11.

Minimum number of paved off-street parking spaces required for:

One single-family dwelling unit, one space.

All other uses, see "Off-Street Parking", article IV.

12.

See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications.

COMPARISON BETWEEN R-1 AND R-1A

Area Requirements			R-1	R-1A
1.	Minimum lot area		6,000 square feet	1 full legally recorded lot
2.	Maximum number of single-family detached dwelling units per lot		1	1
3.	Minimum lot frontage on a public street		50 feet	25 feet
4.	Minimum lot depth		100 feet	70 feet
5.	Minimum depth of front setback		20 feet	15 feet. If 50% or more of the lots within the same block fronting on the same street are developed with structures that do not meet the 15-foot front setback, the new structures may encroach into the required 15-foot setback as close to the R.O.W. based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.
6.	Minimum depth of rear setback		15 feet	Primary structure. 10% of lot depth Detached accessory uses. Five feet or zero feet abutting an alley. If 50% or more of the lots within the same block fronting on the same street are developed with structures that do not meet the 10-percent rear setback, the new structures may encroach into the required setback as close to the rear lot line based on the average setback of lots already encroaching in the same block. Average setback is rounded off to closest whole number.
7.	Minimum width of side setback:
				Lot Width	Internal Side Setback	Corner Setback
	a.	Internal lot	5 feet or 10% of the lot width up to a 15-foot maximum, whichever is greater	25′	3′	7′
				26′—50′	3′	7′
				51′ over	10% of lot width	10′
	b.	External lot (side yard abutting street)	10 feet
8.	Maximum distance between the primary structure and all other structures on same lot or parcel of land		10 feet	10 feet
9.	Minimum distance from the public right-of-way to the entrance to a garage or carport, unless otherwise specified by the planning and zoning commission		18 feet	N/A
10.	Maximum building coverage as a percentage of lot area		50%	N/A
11.	Maximum height of structures		36 feet or 2½ stories	36 feet or 2½ stories
12.	Minimum number of paved off-street parking spaces required for:
	a.	One single-family dwelling unit	2 spaces	1 space
	b.	All other uses see "Off-Street Parking", article IV
13.	See article VII, sections 1.70 to 1.73, for further clarification, and exceptions and modifications