(a)

For the purpose of regulating and restricting the height and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, and other vacant spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residents, or other purposes, the city is hereby divided into districts, of which there shall be 15 classes in number, and which shall be known as:

(1)

R-1 One-family dwelling district.

(2)

RT-1 Townhomes/Condominium district

(3)

R-2 Duplex, Triplex and Fourplex district.

(4)

R-2-AC Apartment complex district

(5)

R-3 Rural district.

(6)

R-4 Residential one family/narrow lot district

(7)

M-1 Mobile home subdivision district.

(8)

B-1 Neighborhood business district.

(9)

B-2 Secondary highway business district.

(10)

B-3 Central business district.

(11)

B-4 Neighborhood office district.

(12)

I Industrial district.

(13)

Overlay design district.

(14)

Airport hazard zoning district.

(15)

Public zoning district

(b)

The boundaries of the districts described in subsection (a) of this section are shown on the map attached to the ordinance from which this chapter is derived and which is hereby made a part of this chapter, which is designated as the "Zoning District Map." Said district map and all notations, references, and other information shown thereon are made a part of this chapter and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein. Said map shall, on its face, be identified and verified in the manner following:

(1)

It shall bear the title "Zoning District Map - Weslaco, Texas";

(2)

It shall bear even date with the passing of the ordinance from which this chapter is derived; and

(3)

It shall bear the name of the director of planning ; and

(4)

It shall be attested to by the signature of the city secretary.

The original of said map shall be kept in a proper place in the municipal building.

(c)

Whenever any street, alley, or other public way is lawfully vacated by the city commission, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated area, and thereafter, all land included in said vacated area shall be subject to all applicable regulations of the extended districts.

(d)

All territory hereafter annexed to the city shall be classified as R-1, one-family dwelling district, until permanently zoned by the city commission. The city planning and zoning commission shall, as soon as practicable, after annexation of any territory to the city, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as is provided by law for the adoption of original zoning regulations.

(e)

Except as hereinafter provided, the following shall apply to all zoning districts:

(1)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated.

(2)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is situated.

(3)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area and parking regulations of the district in which the building is situated.

(4)

The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the passage of the ordinance from which this chapter is derived, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this chapter.

(5)

Every building hereafter erected or structurally altered shall be on a lot, and in no case shall there be more than one main building on one lot except as otherwise provided in this chapter.

(6)

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

(f)

Classification of new and unlisted uses. It is recognized that new types of land uses will develop and forms of land use not anticipated may seek to locate in the City of Weslaco. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

(1)

The planning director or duly appointed representative shall refer the question concerning any new or unlisted use to the city planning and zoning commission requesting an interpretation as to the zoning classification into which the use should be placed. The referral of the use interpretation questions shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of products, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

(2)

The city planning and zoning commission shall consider the nature and described performance of the proposed use and it compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

(3)

The city planning and zoning commission shall transmit its finding and recommendations to the city commission as to the classification proposed for a new or unlisted use. The city commission shall by ordinance approve the recommendation of the city planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.

(Ord. No. 2018-02, § II, 2-6-2018; Ord. No. 2019-34, § II, 9-3-2019; Ord. No. 2021-52, § II, 1-4-2022; Ord. No. 2024-15, § II, 5-7-2024)