Untitled - City of McAllen

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					 E IE     AT      E     C    OLDA E
R V S D DR F MODUL S1& 2( ONS I T D)
 . 32 .1
v 0 .81
Contents
Article 1 Purpose, Authority, Jurisdiction, and Transitional Provisions ................................................. 1
   Division 1-1 Title and Purpose ......................................................................................................... 1
      Sec. 1-1.1 Title; Short Title .......................................................................................................... 1
      Sec. 1-1.2 Purpose ...................................................................................................................... 1
   Division 1-2 Authority and Jurisdiction ............................................................................................ 3
      Sec. 1-2.1 Authority .................................................................................................................... 3
      Sec. 1-2.2 Jurisdiction ................................................................................................................. 3
      Sec. 1-2.3 Application to Governmental Units ............................................................................. 3
   Division 1-3 Transitional Provisions ................................................................................................. 4
      Sec. 1-3.1 Effect on Pending Applications .................................................................................... 4
      Sec. 1-3.2 Effect on Development Approvals that Predate the Effective Date .............................. 4
      Sec. 1-3.3 Effect on Prior Conditions of Approval ........................................................................ 4
      Sec. 1-3.4 Existing Planned Development Approvals ................................................................... 5
      Sec. 1-3.5 Effect on Existing Violations ........................................................................................ 5
      Sec. 1-3.6 Effect on Private Restrictions ...................................................................................... 5
Article 2 Zoning Districts and Land Use ............................................................................................... 7
   Division 2-1 Purpose and Application of Article ............................................................................... 7
      Sec. 2-1.2 Application of Article .................................................................................................. 7
   Division 2-2 Establishment of Zoning Districts ................................................................................. 7
      Sec. 2-2.1 Zoning Districts Established......................................................................................... 7
      Sec. 2-2.2 Airport Overlay District Established ........................................................................... 10
      Sec. 2-2.3 Official Zoning Map; McAllen Miller Airport Zoning Map ........................................... 12
      Sec. 2-2.4 Interpreting the Official Zoning Map ......................................................................... 13
      Sec. 2-2.5 Undesignated or Annexed Land ................................................................................ 14
   Division 2-3 Land Use.................................................................................................................... 14
      Sec. 2-3.1 Use Tables ................................................................................................................ 14
      Sec. 2-3.2 Housing and Neighborhoods; Commercial Use of the Home ..................................... 15
      Sec. 2-3.3 Institutional; Recreation and Amusement ................................................................. 16
      Sec. 2-3.4 Commercial Uses ...................................................................................................... 17
      Sec. 2-3.5 Industrial; Agricultural; Utility; Transportation; Storage; and Logistics Uses .............. 17




DRAFT 3.28.11                                                            i
   Sec. 2-3.6 Wireless Telecommunications Facilities .................................................................... 19
   Sec. 2-3.7 Uses Not Listed ......................................................................................................... 19
   Sec. 2-3.8 Prohibited Uses in All Districts .................................................................................. 20
   Sec. 2-3.9 Uses that Are Allowed in Open Space........................................................................ 21
Division 2-4 Limited and Conditional Use Standards ...................................................................... 25
   Sec. 2-4.1 Application of Limited and Conditional Use Standards .............................................. 25
   Sec. 2-4.2 Single-Family Detached ............................................................................................. 25
   Sec. 2-4.3 Single-Family Attached ............................................................................................. 25
   Sec. 2-4.4 Multifamily ............................................................................................................... 26
   Sec. 2-4.5 Live-Work Unit .......................................................................................................... 26
   Sec. 2-4.6 Manufactured Home................................................................................................. 27
   Sec. 2-4.7 Traditional Neighborhood Development and Transit-Oriented Development ............ 27
   Sec. 2-4.8 Manufactured Home Park ......................................................................................... 27
   Sec. 2-4.9 Bed and Breakfast ..................................................................................................... 27
   Sec. 2-4.10 Day Care Child Care Facility (Family Home) ............................................................. 27
   Sec. 2-4.11 Day Care Child Care Facility (Group Day-Care Home) ............................................... 28
   Sec. 2-4.12 Residential Child Care Facility (Foster Group Home or Agency Foster Group Home) 29
   Sec. 2-4.13 Adult Day Care ........................................................................................................ 29
   Sec. 2-4.14 Assisted Living Facility ............................................................................................. 29
   Sec. 2-4.15 College / University / Vo-Tech ................................................................................. 29
   Sec. 2-4.16 Correctional or Rehabilitation Facility ..................................................................... 30
   Sec. 2-4.17 Day Care Child Care Facility (Day-Care Center) ........................................................ 30
   Sec. 2-4.18 Medical Office; Clinic; Medical Lab .......................................................................... 30
   Sec. 2-4.19 Nursing or Convalescent Home ............................................................................... 31
   Sec. 2-4.20 Place of Public Assembly ......................................................................................... 31
   Sec. 2-4.21 Private Club ............................................................................................................ 32
   Sec. 2-4.22 Residential Child Care Facility (General Residential Operation)................................ 32
   Sec. 2-4.23 Residential Care Facilities ........................................................................................ 32
   Sec. 2-4.24 School (Pre-Kindergarten) ....................................................................................... 33
   Sec. 2-4.25 School (Elementary) ................................................................................................ 33
   Sec. 2-4.26 School (Middle)....................................................................................................... 34
   Sec. 2-4.27 School (High)........................................................................................................... 35




                                                                     ii                                                    DRAFT 3.28.11
    Sec. 2-4.28 Shelter for Homeless Individuals ............................................................................. 36
    Sec. 2-4.29 Arena; Stadium ....................................................................................................... 36
    Sec. 2-4.30 Commercial Amusement, Indoor............................................................................. 37
    Sec. 2-4.31 Commercial Amusement, Outdoor .......................................................................... 37
    Sec. 2-4.32 Recreation, Indoor .................................................................................................. 38
    Sec. 2-4.33 Passenger Motor Vehicle Sales or Rental ................................................................. 38
    Sec. 2-4.34 Bar; Nightclub; Dance Hall; Ice House...................................................................... 40
    Sec. 2-4.35 Heavy Vehicle, Watercraft, or Aircraft Sales or Rental ............................................. 41
    Sec. 2-4.36 Commercial Retail ................................................................................................... 41
    Sec. 2-4.37 Flea Market ............................................................................................................ 41
    Sec. 2-4.38 Heavy Retail ............................................................................................................ 42
    Sec. 2-4.39 Kennel .................................................................................................................... 43
    Sec. 2-4.40 Light Auto Service; Fueling or Charging Station ....................................................... 43
    Sec. 2-4.41 Mixed-Use .............................................................................................................. 44
    Sec. 2-4.42 Office ...................................................................................................................... 44
    Sec. 2-4.43 Personal Fitness or Music Instruction; Personal Services ......................................... 44
    Sec. 2-4.44 Restaurant, Drive-In or Drive-Through .................................................................... 45
    Sec. 2-4.45 Restaurant, No Drive-In or Drive-Through ............................................................... 45
    Sec. 2-4.46 Vehicle Wash .......................................................................................................... 45
    Sec. 2-4.47 Vending Kiosks; ATMs ............................................................................................. 46
    Sec. 2-4.48 Veterinarian, Small Animal ...................................................................................... 48
    Sec. 2-4.49 Automotive Wrecking and Salvage Yard; Junkyard; Recycing Business..................... 48
    Sec. 2-4.50 Composting Facility ................................................................................................. 48
    Sec. 2-4.51 Hazardous Waste Management Facility .................................................................. 49
    Sec. 2-4.52 Heavy Industry ........................................................................................................ 49
    Sec. 2-4.53 Light Industry .......................................................................................................... 49
    Sec. 2-4.54 Mining; Extraction................................................................................................... 50
    Sec. 2-4.55 Rendering Plant ...................................................................................................... 51
    Sec. 2-4.56 Research and Testing Facility .................................................................................. 52
    Sec. 2-4.57 Solid Waste Facility ................................................................................................. 52
    Sec. 2-4.58 Waste Transfer Station or Recycling Center............................................................. 55
    Sec. 2-4.59 Agricultural Support ................................................................................................ 60




DRAFT 3.28.11                                                          iii
     Sec. 2-4.60 Agriculture, CAFO or Intensive Aquaculture ............................................................ 60
     Sec. 2-4.61 Nursery or Greenhouse, Retail ................................................................................ 60
     Sec. 2-4.62 Airport .................................................................................................................... 61
     Sec. 2-4.63 Airstrip.................................................................................................................... 61
     Sec. 2-4.64 Bulk Storage of Fossil Fuels ..................................................................................... 61
     Sec. 2-4.65 Commercial Warehousing and Logistics .................................................................. 62
     Sec. 2-4.66 Heliport .................................................................................................................. 62
     Sec. 2-4.67 Helistop .................................................................................................................. 63
     Sec. 2-4.68 Parking and Multimodal Transit Facilities ................................................................ 63
     Sec. 2-4.69 Power Generation, Utility Scale, Fossil Fuel / Combustible ...................................... 64
     Sec. 2-4.70 Power Generation, Utility Scale, Renewable / Noncombustible ............................... 65
     Sec. 2-4.71 Power Generation, Small Scale, Renewable / Noncombustible ................................ 65
     Sec. 2-4.72 Self Storage............................................................................................................. 65
     Sec. 2-4.73 Storage Yard ........................................................................................................... 67
  Division 2-5 Wireless Telecommunications Facilities ..................................................................... 68
  Division 2-6 Temporary Uses ........................................................................................................ 68
     Sec. 2-6.1 Classification of Temporary Uses............................................................................... 68
     Sec. 2-6.2 Temporary Public Events........................................................................................... 70
     Sec. 2-6.3 Temporary Commercial Events ................................................................................. 74
     Sec. 2-6.4 Temporary Buildings and Temporary Construction Uses. .......................................... 76
  Division 2-7 Airport Overlay District Limitations ............................................................................ 78
     Sec. 2-7.1 Interpretation and Disclaimer ................................................................................... 78
     Sec. 2-7.2 Avigation Easement Required ................................................................................... 78
     Sec. 2-7.3 Airport Hazard Zones ................................................................................................ 79
     Sec. 2-7.4 Airport Compatibility Zones ...................................................................................... 80
     Sec. 2-7.5 Required Disclosures and Annotations ...................................................................... 81
Article 3 Neighborhood Conservation and Neighborhood Transition................................................. 83
  Division 3-1 Purpose and Application of Article ............................................................................. 83
     Sec. 3-1.1 Purpose of Article ..................................................................................................... 83
     Sec. 3-1.2 Application of Article ................................................................................................ 83
  Division 3-2 Development Standards ............................................................................................ 83
     Sec. 3-2.1 General Development Standards .............................................................................. 83




                                                                        iv                                                     DRAFT 3.28.11
      Sec. 3-2.2 Alternative Setback Standards .................................................................................. 84
      Sec. 3-2.3 Alternative Height Standards .................................................................................... 89
      Sec. 3-2.4 Alternative Building Coverage and Impervious Surface Standards ............................. 90
Article 4 Development Yield and Lot Standards................................................................................. 92
   Division 4-1 Residential Density, Open Space, and Lot Dimensions................................................ 92
      Sec. 4-1.1 Density and Open Space in New Neighborhoods ....................................................... 92
      Sec. 4-1.2 Lot Averaging ............................................................................................................ 94
      Sec. 4-1.3 Condominium and Alternative Land Ownership Patterns .......................................... 95
      Sec. 4-1.4 Mix of Housing Types in Mixed-Housing Neighborhoods, TNDs, and TODs ................ 96
      Sec. 4-1.5 Density, Open Space, and Housing Mix in Phased Developments .............................. 96
   Division 4-2 Housing Palette ......................................................................................................... 97
      Sec. 4-2.1 Purpose and Application of Housing Palette .............................................................. 97
      Sec. 4-2.2 Housing Types by District and Neighborhood Type .................................................... 99
      Sec. 4-2.3 Lot and Building Standards ...................................................................................... 101
      Sec. 4-2.4 Application of Housing Palette in Extraterritorial Jurisdiction .................................. 104
   Division 4-3 Nonresidential and Mixed Use Development ........................................................... 104
      Sec. 4-3.1 Parcel Standards ..................................................................................................... 104
      Sec. 4-3.2 Nonresidential and Mixed-Use Setbacks ................................................................. 106
      Sec. 4-3.3 Nonresidential Scale Standards ............................................................................... 107
   Division 4-4 Alternative Designs for TND and TOD....................................................................... 108
      Sec. 4-4.1 Application of Division ............................................................................................ 108
      Sec. 4-4.2 Establishment of Alternative Standards .................................................................. 108
      Sec. 4-4.3 Pedestrian Orientation............................................................................................ 112
      Sec. 4-4.4 Development Quality .............................................................................................. 112
      Sec. 4-4.5 Development Diversity............................................................................................ 113
      Sec. 4-4.6 Light and Air ........................................................................................................... 115
Article 5 Supplemental Standards ................................................................................................... 116
   Division 5-1 Purpose and Application of Article ........................................................................... 116
      Sec. 5-1.1 Purpose of Article ................................................................................................... 116
      Sec. 5-1.2 Application of Article .............................................................................................. 116
   Division 5-2 Supplemental Standards for All Uses....................................................................... 116
      Sec. 5-2.1 Apiaries .................................................................................................................. 116




DRAFT 3.28.11                                                            v
      Sec. 5-2.2 Outdoor Swimming Pools........................................................................................ 118
      Sec. 5-2.3 Photovoltaic Arrays ................................................................................................. 118
      Sec. 5-2.4 Refuse Containers ................................................................................................... 119
      Sec. 5-2.5 Carports and porte-cochere .................................................................................... 120
   Division 5-3 Supplemental Standards for Residential Uses .......................................................... 121
      Sec. 5-3.1 Fences and Garden Walls ........................................................................................ 121
      Sec. 5-3.2 Accessory Dwelling Units ........................................................................................ 125
      Sec. 5-3.3 Satellite Dishes and Antennae ................................................................................. 128
      Sec. 5-3.4 Accessory Buildings and Structures ......................................................................... 130
      Sec. 5-3.5 Decks and Balconies ................................................................................................ 132
   Division 5-4 Supplemental Standards for Nonresidential and Mixed Uses ................................... 133
      Sec. 5-4.1 Outdoor Display of Merchandise ............................................................................. 133
      Sec. 5-4.2 Fences and Garden Walls ........................................................................................ 134
Article 6 Site Design Standards ....................................................................................................... 136
   Division 6-1 Purpose and Application of Article ........................................................................... 136
      Sec. 6-1.1 Purpose of Article ................................................................................................... 136
      Sec. 6-1.2 Application of Article .............................................................................................. 136
   Division 6-2 Site Design Principles ............................................................................................... 137
      Sec. 6-2.1 Lots......................................................................................................................... 137
      Sec. 6-2.2 Blocks ..................................................................................................................... 138
      Sec. 6-2.3 Design and Location of Common Open Spaces and Landscape Areas ...................... 139
   Division 6-3 Mobility ................................................................................................................... 139
      Sec. 6-3.1 Street Design Objectives and Principles................................................................... 139
      Sec. 6-3.2 Functional Classifications ........................................................................................ 140
      Sec. 6-3.3 Street Standards ..................................................................................................... 141
      Sec. 6-3.4 Private Streets ........................................................................................................ 142
      Sec. 6-3.5 Arterial and Collector Street Cross-Sections ............................................................ 143
      Sec. 6-3.6 Minor Street Cross-Sections .................................................................................... 144
      Sec. 6-3.7 Sidewalks and Paths................................................................................................ 146
      Sec. 6-3.8 Alleys ...................................................................................................................... 147
      Sec. 6-3.11 Bicycle Routes and Bicycle Lanes ........................................................................... 154
      Sec. 6-3.12 Sight Distances and Sight Triangles........................................................................ 154




                                                                         vi                                                      DRAFT 3.28.11
      Sec. 6-3.13 Transit Stops ......................................................................................................... 154
   Division 6-4 Utilities .................................................................................................................... 155
      Sec. 6-4.1 Underground Utilities Required .............................................................................. 155
      Sec. 6-4.2 Water Supply .......................................................................................................... 155
      Sec. 6-4.3 Sanitary Sewers ...................................................................................................... 156
      Sec. 6-4.4 On-Site Wastewater Systems .................................................................................. 156
      Sec. 6-4.5 Drainage ................................................................................................................. 157
Article 7 Off-Street Parking; Loading; Access; and Circulation ......................................................... 159
   Division 7-1 Parking, Loading, and Circulation Standards............................................................. 159
      Sec. 7-1.1 Calculation of Required Parking Spaces ................................................................... 159
      Sec. 7-1.2 Required Parking Spaces ......................................................................................... 160
      Sec. 7-1.3 Required Parking Spaces for Disabled Persons ........................................................ 168
      Sec. 7-1.4 Special Studies ........................................................................................................ 168
      Sec. 7-1.5 Parking Credits and Reductions ............................................................................... 169
      Sec. 7-1.6 Shared Parking ........................................................................................................ 170
      Sec. 7-1.7 Bicycle Parking ........................................................................................................ 172
      Sec. 7-1.8 Parking Space and Drive Aisle Dimensions............................................................... 173
      Sec. 7-1.9 Marking of Parking Space; Traffic Control Devices ................................................... 173
      Sec. 7-1.10 Loading Spaces ..................................................................................................... 174
      Sec. 7-1.11 Stacking Spaces ..................................................................................................... 176
      Sec. 7-1.12 Circulation ............................................................................................................ 177
      Sec. 7-1.13 Vehicular Use Area Maintenance Requirements.................................................... 178
   Division 7-2 Access Management ................................................................................................ 178
      Sec. 7-2.1 General Access Management Provisions ................................................................. 178
      Sec. 7-2.2 Access Spacing and Corner Clearance...................................................................... 180
      Sec. 7-2.5 Driveways ............................................................................................................... 184
      Sec. 7-2.6 Cross Access Easements .......................................................................................... 185
Article 8 Building Design Standards................................................................................................. 186
Article 9 Landscaping, Buffering, and Tree Protection ..................................................................... 187
   Division 9-1 Purpose and Application of Article ........................................................................... 187
      Sec. 9-1.1 Purpose and Intent of Article .................................................................................. 187
      Sec. 9-1.2 Application of Article .............................................................................................. 187




DRAFT 3.28.11                                                            vii
  Division 9-2 General Landscaping Requirements ......................................................................... 187
     Sec. 9-2.1 Tree Survey Required .............................................................................................. 187
     Sec. 9-2.2 Approved, Allowed, and Prohibited Plants .............................................................. 188
     Sec. 9-2.3 Selection of Plant Material ...................................................................................... 188
     Sec. 9-2.4 Calculation of Planting Requirements ..................................................................... 190
     Sec. 9-2.5 Credit for Existing Trees .......................................................................................... 190
  Division 9-3 Bufferyards .............................................................................................................. 192
     Sec. 9-3.1 Types of Bufferyards ............................................................................................... 192
     Sec. 9-3.2 District Bufferyard Standards .................................................................................. 193
     Sec. 9-3.3 Street Bufferyards ................................................................................................... 195
     Sec. 9-3.4 Vehicular Use Area Bufferyards............................................................................... 196
  Division 9-4 Development Landscaping ....................................................................................... 198
     Sec. 9-4.1 Ground Cover ......................................................................................................... 198
     Sec. 9-4.2 Landscape Surface and Common Open Space ......................................................... 198
     Sec. 9-4.3 Private Lots ............................................................................................................. 199
     Sec. 9-4.4 Parking Lots ............................................................................................................ 200
     Sec. 9-4.5 Street Trees ............................................................................................................ 202
  Division 9-5 Resource Protection Area Landscaping .................................................................... 203
     Sec. 9-5.1 General Requirements ............................................................................................ 203
  Division 9-6 Tree Protection and Care ......................................................................................... 204
     Sec. 9-6.1 Planting Locations ................................................................................................... 204
     Sec. 9-6.2 Maintenance and Care of Trees and Landscaping .................................................... 204
     Sec. 9-6.3 Tree Protection During Construction and Development .......................................... 205
     Sec. 9-6.4 Tree Removal and Replacement.............................................................................. 206
  Division 9-7 Landscape Plans and Performance Guarantees ........................................................ 207
     Sec. 9-7.1 Landscape Plan Required; Contents of Plan ............................................................. 207
     Sec. 9-7.2 Irrigation and Continuing Maintenance ................................................................... 209
     Sec. 9-7.3 Performance Guarantees ........................................................................................ 210
Article 10 Floodplain Management and Flood Damage Prevention ................................................. 211
  Division 10-1 Statutory Authorization; Findings of Fact; Purpose and Methods ........................... 211
     Sec. 10-1.1 Statutory Authorization ........................................................................................ 211
     Sec. 10-1.2 Findings of Fact ..................................................................................................... 211




                                                                      viii                                                   DRAFT 3.28.11
       Sec. 10-1.3 Statement of Purpose ........................................................................................... 211
       Sec. 10-1.4 Methods of Reducing Flood Losses ....................................................................... 212
   Division 10-2 General Provisions ................................................................................................. 212
       Sec. 10-2.1 Lands to Which this Article Applies ....................................................................... 212
       Sec. 10-2.2 Basis for Establishing the Areas of Special Flood Hazard ........................................ 212
       Sec. 10-2.3 Establishment of Floodplain Development Permit ................................................. 212
       Sec. 10-2.4 Compliance ........................................................................................................... 212
       Sec. 10-2.5 Abrogation and Greater Restrictions ..................................................................... 213
       Sec. 10-2.6 Interpretation ....................................................................................................... 213
       Sec. 10-2.7 Warning and Disclaimer of Liability ....................................................................... 213
   Division 10-3 Provisions for Flood Hazard Reduction ................................................................... 213
       Sec. 10-3.1 General Standards for Flood Hazard Reduction ..................................................... 213
       Sec. 10-3.2 Specific Standards for Flood Hazard Reduction...................................................... 214
       Sec. 10-3.3 Standards for Subdivision Proposals...................................................................... 216
       Sec. 10-3.4 Standards for Areas of Shallow Flooding (AO/AH Zones) ....................................... 217
Article 11 Environmental Performance ........................................................................................... 219
   Division 11-1 Noise and Vibration ............................................................................................... 219
       Sec. 11-1.1 Noise .................................................................................................................... 219
       Sec. 11-1.2 Vibration ............................................................................................................... 220
       Sec. 11-1.3 Dust and Debris .................................................................................................... 221
   Division 11-2 Outdoor Lighting and Glare.................................................................................... 221
       Sec. 11-2.1 Purpose and Applicability of Division..................................................................... 221
       Sec. 11-2.2 Establishment of Lighting Zones ............................................................................ 222
       Sec. 11-2.3 BUG Requirements ............................................................................................... 222
       Sec. 11-2.4 Glare ..................................................................................................................... 223
       Sec. 11-2.5 Single-Family and Duplex Lighting ......................................................................... 224
   Division 11-3 Stormwater Pollution Prevention........................................................................... 224
       Sec. 11-3.1 Construction Site Stormwater Runoff Controls ...................................................... 224
       Sec. 11-3.2 Post-Construction Storm Water Management in New Development and
       Redevelopment ...................................................................................................................... 224
Article 12 Signs ............................................................................................................................... 225
Article 13 Nonconformities ............................................................................................................. 225




DRAFT 3.28.11                                                              ix
Article 14, Administration and Procedure ....................................................................................... 225
Article 15 Measurements, Calculations, and Definitions ................................................................. 226
   Division 15-1 Measurements ...................................................................................................... 226
      Sec. 15-1.1 Setbacks and Building Separation .......................................................................... 226
      Sec. 15-1.2 Lot Width .............................................................................................................. 227
      Sec. 15-1.3 Building and Structure Height ............................................................................... 227
      Sec. 15-1.4 Floor Area ............................................................................................................. 229
   Division 15-2 Calculations ........................................................................................................... 229
      Sec. 15-2.1 Lot or Parcel Area ................................................................................................. 229
      Sec. 15-2.2 Impervious Surface Ratio ...................................................................................... 229
      Sec. 15-2.3 Open Space Ratio and Landscape Surface Ratio .................................................... 230
      Sec. 15-2.4 Base Site Area ....................................................................................................... 230
      Sec. 15-2.5 Net Buildable Area ................................................................................................ 231
      Sec. 15-2.6 Density ................................................................................................................. 231
      Sec. 15-2.7 Building Coverage ................................................................................................. 232
      Sec. 15-2.8 Parking Floor Area................................................................................................. 232
   Division 15-3 Word Usage and Abbreviations.............................................................................. 232
      Sec. 15-3.1 Word Usage; References to Laws of Other Jurisdictions ........................................ 232
      Sec. 15-3.2 Abbreviations and Acronyms ................................................................................ 233
   Division 15-4 Definitions ............................................................................................................. 234
      A through M ........................................................................................................................... 234
      N through Z ............................................................................................................................ 254




                                                                          x                                                      DRAFT 3.28.11
Article 1 Purpose, Authority, Jurisdiction, and Transitional
Provisions
Division 1-1 Title and Purpose
Sec. 1-1.1 Title; Short Title
 A. Title. This document shall be officially known as the "McAllen Development Code.”
 B. Short Title. This document may be referred to herein as the "MDC" or "this Code."

Sec. 1-1.2 Purpose
 A. Generally. The provisions of this MDC are enacted to protect the public health, safety, and
    general welfare in accordance with the policies of the Foresight McAllen Comprehensive Plan.
    The provisions of this MDC are specifically intended to:
      1. Encourage economic opportunities, particularly those that have meaningful multiplier
         effects in the local and regional economy, by:
           a. Promoting the vitality and development of McAllen’s major employment centers and
              commercial/industrial districts; and
           b. Encouraging the efficient use of the available land supply in the City, including
              redevelopment of underutilized lands.
      2. Protect public health and safety and environmental quality by:
           a. Ensuring greater public safety, convenience, and accessibility through the physical
              design and location of land uses / activities;
           b. Minimizing losses due to destruction by nature or acts of God;
           c. Facilitating the adequate and safe provision of transportation, water, sewage,
              drainage, schools, parks, and other public facilities;
           d. Promoting the sustainable use of local, natural, and energy resources; and
           e. Preserving and protecting existing trees and vegetation, floodplains, stream corridors,
              scenic views, and other areas of scenic and environmental significance from adverse
              impacts of land development.
      3. Protect the quality of life of the City's residents, business owners, employees, and visitors
         by:
           a. Promoting a balanced, diverse supply of affordable, quality housing located in safe
              and livable neighborhoods;
           b. Ensuring the provision of adequate open space for light, air, and fire safety;
           c. Preserving and enhancing the character and quality of stable residential
              neighborhoods;




DRAFT 3.28.11                                       1
          d. Upgrading the character and quality of neighborhoods in transition;
          e. Promoting a healthful and convenient distribution of population by regulating the
             density of development;
          f.   Enhancing the visual character of the City through the regulation of design, where
               such regulation is appropriate;
          g. Encouraging development of a sustainable and accessible system of recreational
             facilities, parks, trails, and open space that meets year-round neighborhood and
             community-wide needs for current and future generations;
          h. Ensuring that the appearance, visual scale, and orientation of developments are
             compatible with that of the Foresight McAllen Comprehensive Plan and/or other
             plans, goals and objectives of the City Commission; and
          i.   Creating a sense of place for each development by requiring architectural designs and
               features that promote character, dignity, visual interest and utility that rivals any City
               in the nation for quality and diversity, and strengthens the quality of life and
               economic welfare of the City of McAllen to enhance its ability to compete for quality
               and diverse economic development.
     4. Protect the fiscal and functional health of the City by:
          a. Fostering convenient, compatible, and efficient relationships among land uses;
          b. Encouraging mixed-use development to increase the density of residential units in
             close proximity to land uses and employment centers that serve such density, in
             order to promote multimodal access and decrease dependence on single-passenger
             motor vehicles;
          c. Ensuring that service demands of new development will not exceed the capabilities of
             existing streets, utilities, or other public facilities and services;
          d. Conserving the value of buildings and land, which relates to environmental quality,
             amenities, character, economic opportunity, mobility, and utilities infrastructure;
          e. Managing congestion in the streets through the proper distribution of land uses,
             standards that reduce vehicular conflicts, and policies that provide for the full use of
             streets by all modes of transportation and all users of the transportation network;
             and
          f.   Promoting a balanced supply of residential, commercial, industrial and transportation
               land uses that is compatible with adjacent land uses and has good access to
               transportation networks.
B. Specific Purposes. Additional specific purposes for Articles, Divisions, Sections, and Subsections
   of this MDC may be set out herein in accordance with the above-enumerated principles.




                                                    2                                        DRAFT 3.28.11
Division 1-2 Authority and Jurisdiction
Sec. 1-2.1 Authority
The MDC is adopted and enforced pursuant to the authority contained in the City's Home Rule
Charter, adopted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, and such
additional authority as may be conferred by the Texas Statutes.

Sec. 1-2.2 Jurisdiction
 A. Generally. All provisions of this MDC apply within the corporate limits of the City of McAllen,
    Texas.
 B. Extraterritorial Jurisdiction. In order to ensure orderly, fiscally and environmentally responsible
    growth of the City of McAllen, it is the intent of the City Commission to fully exercise the
    authority granted to home rule municipalities by the Texas Statutes, including:
      1. The exercise of the following powers within the entire designated ETJ, as may be amended
         from time to time:
           a. Plat approvals, pursuant to Tex. Local Gov’t Code §§ 212.002, 212.003, and 242.001
              and related authorizations.
           b. Access management, pursuant to Tex. Local Gov’t Code § 212.002.
           c. Regulation of groundwater, pursuant to Tex. Local Gov’t Code § 212.003.
           d. Negotiation and execution of development agreements, pursuant to Tex. Local Gov’t
              Code § 212.172.
           e. Regulations of signs, including installation, amortization, and removal, pursuant to
              Tex. Local Gov’t Code §§ 216.001 et seq and 216.902.
           f.   Regulation of parking, landscaping, and architecture, pursuant to Tex. Local Gov't
                Code ____________.
      2. Regulations of unincorporated areas in airport hazard areas, pursuant to Tex. Local Gov’t
         Code § 241.013, et seq.
      3. The regulation of equipment and operation of rendering plants within the City and
         within one mile of the City limits, pursuant to Tex. Local Gov’t Code § 215.003.
      4. The definition and prohibition of nuisances, including the power to summarily abate and
         remove nuisances, in the area within 5,000 feet of the City limits, pursuant to Tex. Local
         Gov’t Code § 217.042.

Sec. 1-2.3 Application to Governmental Units
To the extent allowed by law or permitted by application of agency policy, this MDC shall apply to all
land, buildings, structures, and uses owned by government agencies, including all municipal, state,
and federal lands, within the corporate limits of the City of McAllen and its extraterritorial
jurisdiction.




DRAFT 3.28.11                                       3
Division 1-3 Transitional Provisions
Sec. 1-3.1 Effect on Pending Applications
A. Generally. Except as provided in subsection B., below, each application for development
   approval shall be evaluated only by the duly adopted ordinances and technical regulations in
   effect at the time that each complete application is submitted.
B. Stale Applications. Applications for development approval that are not pursued with due
   diligence may expire pursuant to Section TBD.

Sec. 1-3.2 Effect on Development Approvals that Predate the Effective Date
A. Generally. It is the intent of the City Commission to respect existing development approvals.
   Approved development may be carried out within the scope of the development approval,
   including applicable standards in effect at the time of approval, provided that the approval is
   valid and has not lapsed.
B. Duration of Approvals. Development approvals that are valid on the effective date are valid
   until their expiration date; or, if no expiration date is specified in the approval documents or
   prior Code, pursuant to Section TBD.
C. Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that
   are not set out within the scope of a development approval.
D. Application to Subdivision Plats.
     1. A zoning regulation adopted after the approval of a residential subdivision plat that affects
        the exterior appearance of a single-family house, including the type and amount of
        building materials; or the landscaping of a single-family residential lot, including the type
        and amount of plants or landscaping materials, does not apply to that subdivision until the
        second anniversary of the later of:
          a. The date the plat was approved; or
          b. The date the City accepts the subdivision improvements offered for public dedication.
     2. This subsection does not prevent the City from :
          a. Adopting or enforcing building codes;
          b. Prohibiting the use of building materials that have been proven to be inherently
             dangerous; or
          c. Adopting or enforcing amendments to this MDC that do not affect the zoning
             regulations.

Sec. 1-3.3 Effect on Prior Conditions of Approval
A. Generally. Conditions of development approvals that were granted prior to the effective date
   remain in force, regardless of the standards of this MDC.




                                                  4                                      DRAFT 3.28.11
 B. Modification or Elimination of Conditions. Conditions of approval may be modified or
    eliminated pursuant to Section TBD.

Sec. 1-3.4 Existing Planned Development Approvals
TBD



Sec. 1-3.5 Effect on Existing Violations
 A. Generally. Any violation of the previous versions of the McAllen Code of Ordinances shall
    continue to be a violation under this MDC and shall be subject to the penalties and enforcement
    set forth in herein unless the use, development, construction, or other activity complies with
    the provisions of this MDC. However, this provision shall not be interpreted as a waiver of prior
    conditions of approval, which are subject to Section 1-3.3, Effect on Prior Conditions of
    Approval.
 B. Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the
    previous regulations, even if the original violation is no longer considered a violation under this
    MDC.

Sec. 1-3.6 Effect on Private Restrictions
 A. Generally. This MDC does not abrogate private restrictions that affect the use, development, or
    maintenance of property. This MDC will be enforced on property that is subject to private
    restrictions as provided in this Section.
 B. No Duty to Search for Private Restrictions. The City has no duty to search for the existence of
    private restrictions on property. In the review of applications pursuant to this MDC, the City will
    enforce only its own regulations.
 C. No Duty to Interpret Private Restrictions. The City will not interpret or apply private restrictions
    unless it is a party to them.
 D. No Duty to Enforce Private Restrictions. To the extent that the City is made aware of private
    restrictions:
      1. If the private restrictions are more restrictive than this MDC, or if they involve subject
         matter that is not addressed by this MDC or other provisions of the McAllen Code of
         Ordinances, then the City will only enforce the provisions of this MDC or the McAllen Code
         of Ordinances. Enforcement of more restrictive provisions is at the discretion of the parties
         to the private restrictions (or any other party who has standing to bring suit under Texas
         law).
      2. If the private restrictions are less restrictive than this MDC or other provisions of the
         McAllen Code of Ordinances, then the City will enforce this MDC or the Code of
         Ordinances.
      3. The City will not generally seek to enforce private restrictions. The City may become
         involved in the enforcement of existing private restrictions only if:




DRAFT 3.28.11                                        5
a. The City determines that such enforcement is in the interest of the City as a whole;
   and
b. The City has legal standing to enforce the existing private restriction.




                                         6                                    DRAFT 3.28.11
Article 2 Zoning Districts and Land Use
Division 2-1 Purpose and Application of Article
Sec. 2-1.2 Application of Article
 A. Zoning Districts. Division 2-2, Establishment of Zoning Districts:
      1. Establishes the zoning districts that are used in this MDC to delineate areas in which
         different use and development standards apply. Generally, applicants will first identify the
         zoning district that applies to their property in order to determine the applicable standards
         of this MDC.
      2. Establishes the airport overlay district, which includes regulations regarding building and
         structure height and use compatibility in areas that are most affected by airport
         operations. Property owners within the airport overlay district may be subject to more
         restrictive standards that property owners in the same zoning district outside of the
         airport overlay district.
      3. Adopts by reference the Official Zoning Map and the McAllen Miller Airport Zoning Map.
      4. Provides rules for interpreting the zoning maps.
      5. Ensures that all land in McAllen is zoned.
 B. Land Use. Division 2-3, Land Use, provides tables of land uses and zoning districts, indicating
    which uses are allowed ("allowed"), allowed subject to additional standards ("limited"), allowed
    subject to additional standards and public review ("conditional"), or not allowed ("prohibited")
    in each zoning district. Section 2-3.1, Use Tables, provides details regarding how the use tables
    are interpreted. All uses are defined in Division 15-4, Definitions. Section 2-3.7, Uses Not Listed,
    provides standards for determining whether uses that are not listed in the tables are allowed,
    limited, conditional, or prohibited uses. Section 2-3.8, Prohibited Uses in All Districts, sets out
    uses that are expressly prohibited throughout McAllen.
 C. Conditions. If a land use is listed as limited or conditional, then additional standards apply to
    the use. These standards are set out in Division 2-4, Limited and Conditional Use Standards.
    Conditional uses are also subject to general standards for conditional uses which are set out in
    Section TBD.

Division 2-2 Establishment of Zoning Districts
Sec. 2-2.1 Zoning Districts Established
 A. Generally. The City of McAllen is divided into the 15 zoning districts that are established by
    Table 2-2.1A, McAllen Zoning Districts.




DRAFT 3.28.11                                         7
                                                 TABLE 2-2.1A
                                            MCALLEN ZONING DISTRICTS
District            District                  District                                                         District
Classification      Name               Symbol Purpose                                                          Character
                                              This district designates publicly owned open space, or
                                              open spaces that are protected by conservation
                    Open Space                easement. Open space uses may include parks and                  Rural / Natural
                                              recreation and other public services as necessary to
                                              support the open space use.
Agriculture, Open
Space, and Public                             This district provides for agricultural uses, agricultural
                    Agriculture                                                                                Rural / Natural
Uses                                          support uses, and farmsteads.
                                              This district provides for public service, public utility, and
                    Public and                public recreation uses (e.g., public schools, City-owned
                                                                                                               Varies
                    Recreation                water treatment plants, public parks and playgrounds,
                                              public stadiums or amphitheaters, libraries, etc.).
                                              Protection of the physical and functional character of
                                                                                                      Varies based
                    Neighborhood              existing neighborhoods while providing reasonable
                                                                                                      on Existing
                    Conservation              opportunities for improvement and expansion of existing
Residential                                                                                           Conditions
                                              homes without variances.
(Established
Neighborhoods)                                Protection of the functional character of existing
                    Neighborhood              neighborhoods while allowing for the transition of the
                                                                                                               Varies
                    Transition                neighborhood through expansion or reconstruction at
                                              larger scales than in the NC district.
                    Residential,              This district provides for residential neighborhoods with
                                                                                                               Estate
                    Estate                    estate character.
                    Residential,              This district provides for residential neighborhoods with
                                                                                                               Suburban
Residential (New    Suburban                  suburban character.
Neighborhoods)      Residential,              This district provides for residential neighborhoods with
                                                                                                               Auto-Urban
                    General                   auto-urban character.
                    Residential,              This district provides for residential neighborhoods with
                                                                                                               Urban
                    Urban                     urban character.
                                              This district provides for low-impact commercial uses,
                    Commercial,               including the commercial re-use of homes that front on
                                                                                                               Suburban
                    Suburban                  streets that have levels of traffic which lower their
                                              desirability as residential addresses.
                                              This district provides for general commercial uses. It is the
                    Commercial,                                                                             Auto-Urban or
Mixed-Use and                                 primary retail and service district. Development may be
                    General                                                                                 New-Urban
Commercial                                    configured with an auto-urban or new-urban character.
                                              This district provides for mixed-use transit-oriented
                    Activity Center           development outside of the City's central business               Urban
                                              district.
                    Central Business          This district provides for urban mixed-use development
                                                                                                               Urban
                    District                  within the City's central business district.
                                              This district provides for campus-like settings for offices,
Business Park and                                                                                              Suburban or
                    Business Park             hospitals, universities, research parks, and low-impact
Industrial                                                                                                     New-Urban
                                              light industrial uses.




                                                             8                                                  DRAFT 3.28.11
                                                     TABLE 2-2.1A
                                                MCALLEN ZONING DISTRICTS
District              District                   District                                                     District
Classification        Name                Symbol Purpose                                                      Character
                                                  This district provides for light industrial uses and personal
                      Industrial, Light                                                                         Auto-Urban
                                                  storage.
                      Industrial, Heavy           This district provides for heavy industrial uses.           Auto-Urban


    B. Neighborhood Conservation Subdistricts.
        1. The Neighborhood Conservation (NC) district is divided into four subdistricts, as set out in
           Table 2-2.1B, Neighborhood Conservation Subdistricts.
        2. All lots that existed as of the Effective Date are conforming if they are located in any NC
           subdistrict, regardless of their lot area or lot width. The minimum lot width, minimum lot
           area, and maximum lot area that form the basis for the subdistricts are used to control
           further subdivision or combination.
        3. Development standards for the subdistricts are set out in Article 3, Neighborhood
           Conservation and Neighborhood Transition.

                                                   TABLE 2-2.1B
                                       NEIGHBORHOOD CONSERVATION SUBDISTRICTS
                                 Standards Applicable to New Lots
                                                                                      Typical Neighborhood Characteristics
                                  (Subdivisions or Combinations)
NC               Minimum Lot Width Minimum Lot Area Maximum Lot Area                    General       Predominant Building
Subdistrict            (ft.)             (sf.)            (sf.)                        Character             Type
                                                                                       Estate or
E                      100                    10,000                 none                             Single family detached
                                                                                       Suburban
S                       70                    7,000                  none              Suburban       Single family detached
A                       50                    5,000                  12,000           Auto-Urban      Single family detached
MH                      30                    2,500                  none             Auto-Urban      Manufactured homes


    C. Neighborhood Transition Subdistricts.
        1. The Neighborhood Transition (NT) district is divided into three subdistricts, as set out in
           Table 2-2.1C, Neighborhood Transition Subdistricts.
        2. All lots that existed as of the effective date are conforming if they are located in any NT
           subdistrict, regardless of their area or lot width. The minimum lot width, minimum lot
           area, and maximum lot area that form the basis for the subdistricts are used to control
           further subdivision or combination.
        3. Development standards for the subdistricts are set out in Article 3, Neighborhood
           Conservation and Neighborhood Transition.




DRAFT 3.28.11                                                    9
                                              TABLE 2-2.1C
                                   NEIGHBORHOOD TRANSITION SUBDISTRICTS
                            Standards Applicable to New Lots
                                                                          Typical Neighborhood Characteristics
                             (Subdivisions or Combinations)
NT             Minimum Lot Width Minimum Lot Area      Maximum Lot Area     General       Predominant Building
Subdistrict          (ft.)             (sf.)                 (sf.)         Character             Type
                                                                           Estate or
E                     100                10,000                none                      Single family detached
                                                                           Suburban
S                     70                 7,000                 none        Suburban      Single family detached
A                     50                 5,000                 none       Auto-Urban     Single family detached


Sec. 2-2.2 Airport Overlay District Established
    A. Findings.
         1. The McAllen Miller International Airport is used in the interest of the public as defined in
            Tex. Local Gov't Code § 241.004.
         2. The McAllen Miller International Airport fulfills an essential community purpose.
         3. Airport hazards endanger the lives and property of users of McAllen Miller International
            Airport and of occupants of land or to property in its vicinity. Therefore, the creation or
            establishment of an airport hazard is a public nuisance and an injury to the region served
            by Miller International Airport.
         4. If an obstruction in effect reduces the size of the area available for the landing, taking off
            and maneuvering of aircraft, is would tend to destroy or impair the utility of McAllen Miller
            International Airport and the public investment therein.
         5. It is necessary in the interest of the public health, public safety and general welfare, that
            the creation or establishment of airport hazards be prevented. The prevention of airport
            hazards should be accomplished to the extent legally possible, by the exercise of the police
            power, without compensation.
         6. Both the prevention of the creation or establishment of airport hazards and the
            elimination, removal, alteration, mitigation, or marking and lighting of existing airport
            hazards, are public purposes for affected political subdivisions may raise and expend public
            funds and require land or interests in land.
    B. Airport Overlay District Established. An airport overlay district ("AOD") is established, with the
       boundaries set out in Subsection F., below. Within the AOD are airport hazard zones and airport
       compatibility zones, in which different regulations apply. See Article 9, Airport Overlay District
       Limitations. The boundaries of the AOD are shown on the Zoning Map. The zones within the
       AOD are shown on the McAllen Miller Airport Zoning Map.
    C. Purpose. The purpose of the AOD is to ensure that development within the areas impacted by
       the McAllen Miller Airport's operations are compatible with the function and operations of the
       airport.




                                                         10                                       DRAFT 3.28.11
 D. Authority. The AOD is established by the City Commission pursuant to the authority set out in
    Tex. Local Gov't Code § 241.016. The Joint Airport Zoning Board of the City of McAllen and
    Hidalgo County, Texas, which existed before the effective date, is dissolved.
 E. Jurisdiction. The regulations of this Article apply within the corporate limits of the City of
    McAllen, and, pursuant to Tex. Local Gov't Code § 241.013:
     1. The airport hazard area zoning regulations apply within the ETJ; and
     2. The airport compatible land use zoning regulations applicable to the controlled compatible
        land use area relating to the airport apply within the ETJ.
 F. Airport Overlay District Boundaries. The Airport Overlay District includes all airport hazard
    zones and airport compatibility zones. The boundaries of the AOD and the various zones are
    shown on the McAllen Miller Airport Zoning Map.
 G. Airport Hazard Zones. The various airport hazard zones are hereby established and defined as
    follows:
     1. Instrument Approach Zone. An instrument approach zone is established at each end of the
        instrument runway for instrument landings and takeoffs. The instrument approach zones
        shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway,
        widening thereafter uniformly to a width of 16,000 feet at a distance 50,200 feet beyond
        each end of the runway.
     2. Noninstrument Approach Zone. A noninstrument approach zone is established at each end
        of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument
        approach zone shall have a width 250 feet at a distance of 200 feet beyond each end of the
        runway, widening thereafter uniformly to a width of 2,250 feet at a distance of 10,200 feet
        beyond each end of the runway, its centerline being the continuation of the centerline of
        the runway.
     3. Transition Zones. Transition zones are hereby established adjacent to each instrument and
        noninstrument runway and approach zone indicated on the zoning map. Transition zones
        symmetrically located on either side of runways have variable widths as shown on the
        zoning map. Transition zones extend outward from a line 125 feet on either side of the
        centerline of the noninstrument runway, for the length of such runway plus 200 feet on
        each end; and 500 feet on either side of the centerline of the instrument runway, for the
        length of such runway plus 200 feet on each end, and are parallel and level with such
        runway centerlines. The transition zones along such runways slope upward and outward
        one foot vertically for each seven feet horizontally to the point where they intersect the
        surface of the horizontal zone. Further, transition zones are established adjacent to both
        instrument and noninstrument approach zones for the entire length of the approach
        zones. These transition zones have variable widths, as shown on the McAllen Miller Airport
        Zoning Map. Such transition zones flare symmetrically with either side of the runway
        approach zones from the base of such zones and slope upward and outward at the rate of
        one foot vertically for each seven feet horizontally to the points where they intersect the
        surfaces of the horizontal and conical zones. Additionally, transition zones are established




DRAFT 3.28.11                                    11
         adjacent to the instrument approach zone where it projects through and beyond the limits
         of the conical zone, extending a distance of 5,000 feet measured horizontally from the
         edge of the instrument approach zones at right angles to the continuation of the
         centerline of the runway.
     4. Horizontal Zone. A horizontal zone is hereby established as the area within a circle with its
        center at the airport reference point and having a radius of 11,500 feet. The horizontal
        zone does not include the instrument and noninstrument approach zones and the
        transition zones.
     5. Conical Zone. A conical zone is hereby established as the area that commences at the
        periphery of the horizontal zone and extends outward therefrom a distance of 7,000 feet.
        The conical zone does not include the instrument approach zones and transition zones.
H. Airport Compatibility Zones. The various airport compatibility zones are hereby established and
   defined as follows:
     1. 75 DNL Noise Zone. The 65 DNL Noise Zone for the McAllen Miller International Airport
        shall be that area bounded by the 75 DNL lines shown on TBD.
     2. 65 DNL Noise Zone. The 65 DNL Noise Zone for the McAllen Miller International Airport
        shall be that area between the 65 and 75 DNL lines shown on TBD.

Sec. 2-2.3 Official Zoning Map; McAllen Miller Airport Zoning Map
A. Official Zoning Map Adopted. Zoning districts are shown upon the map entitled "Official Zoning
   Map of the City of McAllen, Texas" (referred to hereinafter as "Zoning Map") which is attached
   hereto and made part of this MDC. At least two copies of the Zoning Map are on file and
   available for inspection during regular business hours at City Hall.
B. McAllen Miller Airport Zoning Map Adopted. The Airport Overlay District and the various zones
   within the AOD are shown upon the map entitled "McAllen Miller Airport Zoning Map," a part of
   the study by HNTB dated July 2005, as may be amended from time to time, and which is
   attached hereto and made a part of this MDC. At least two copies of the McAllen Miller Airport
   Zoning Map are on file and available for inspection during regular business hours at City Hall.
C. Force and Effect. The Zoning Map and McAllen Miller Airport Zoning Map, and all notations,
   references, and other information shown on them are a part of this MDC and have the same
   force as the MDC.
D. Status of Official Zoning Map. The Zoning Map and McAllen Miller Airport Zoning Map that are
   on file at City Hall shall control in the event of a conflict between a map that is on file and any
   other reproduction of said map.
E. Effective Date. The MDC may be adopted before the Official Zoning Map and McAllen Miller
   Airport Zoning Map. In such case, the MDC will not become effective until the Official Zoning
   Map and McAllen Miller Airport Zoning Map are adopted.




                                                  12                                      DRAFT 3.28.11
Sec. 2-2.4 Interpreting the Official Zoning Map
 A. Generally. The precise location of any zoning district boundary line shown on the Zoning Map
    shall be defined by the rules of this Section.
 B. Rezoning Ordinance and Zoning Map.
      1. Rezoning ordinances shall be promptly reflected on the Zoning Map.
      2. Conflicts between the district boundaries on the Zoning Map and the zoning for property
         provided by a duly enacted rezoning ordinance dated after the effective date could result
         from administrative error. In the event of such conflict, the duly enacted rezoning
         ordinance shall control, and the Zoning Map shall be promptly corrected.
      3. In the event of a conflict between the district boundaries on the Zoning Map and the
         zoning for property provided by a duly enacted rezoning ordinance adopted before July 31,
         2011, the Zoning Map shall control.
 C. Identifiable Features. Where zoning district boundary lines appear to follow identifiable
    features, their location shall be determined by applying the rules of this subsection in order
    from 1. to 4.:
      1. Rights-of-Way. Boundary lines shown as following, or approximately following, streets,
         alleys, railroad tracks, or utility lines shall be construed as following the centerline of the
         right-of-way. Where the location of these facilities on the ground differs from thatt shown
         on the Zoning Map, the facilities on the ground control.
      2. Property Lines. Boundary lines shown as following, or approximately following, lot lines or
         other property lines shall be construed as following such lines.
      3. Watercourses. Boundaries shown as following, or approximately following, the centerline
         of irrigation or drainage canals, streams, or other watercourses shall be construed as
         following the channel centerline. In the event of a natural change in the location of such
         streams or other watercourses, the zoning district boundary shall be construed as moving
         with the channel centerline.
      4. Parallel to Features. Boundaries shown as separated from and parallel, or approximately
         parallel, to any of the features listed in paragraphs 1. through 3., above, shall be construed
         to be parallel to such features and at such distances as are shown on the Zoning Map.
 D. Un-subdivided Land or No Identifiable Feature. On un-subdivided land, or where a district
    boundary follows no identifiable feature, the location of district boundaries shall be determined
    by applying the following rules in order from 1. to 3., until the boundaries are known:
      1. Legal Description. The boundary shall be according to the legal description in the
         ordinance establishing the district boundaries.
      2. Text Dimensions. The boundary shall be located by reference to dimensions shown in text
         on the Zoning Map, if any.
      3. Map Scale. The boundary shall be located using the map scale appearing on the Zoning
         Map.




DRAFT 3.28.11                                       13
Sec. 2-2.5 Undesignated or Annexed Land
A. Generally. It is the intent of the City Commission that all land within the City be zoned.
B. Apparently Undesignated Land. Therefore, for the purposes of ensuring that all land has a
   zoning designation, any land that is not assigned a zoning district on the Zoning Map is zoned
   Agriculture (AG).
C. Zoning of Annexed Land. Upon annexation of land into the City, the City may process an
   application for an initial zoning designation, or may designate a newly annexed property's
   zoning district upon its own initiative, in conjunction with annexation proceedings. Land that is
   not zoned otherwise by the City during the annexation process is zoned Agriculture (AG) upon
   annexation until rezoned to another district.

Division 2-3 Land Use
Sec. 2-3.1 Use Tables
A. Generally.
     1. Section 2-3.2, Housing and Neighborhoods; Commercial Use of the Home, through
        Section 2-6.6, Wireless Telecommunications Facilities, contain tables that set out which
        permanent uses are allowed, limited, conditional, and prohibited in each zoning district.
     2. The tables list uses in rows, organized by category. Zoning districts are arranged in
        columns. Where rows and columns intersect, a letter indicates if the use is allowed,
        limited, conditional, or prohibited in the district.
B. Symbols. All the tables use the following symbols:
     1. "A" means that the use is Allowed, subject to the standards that apply to all allowed uses.
        The use is approved by the Director.
     2. "L" means that the use is a Limited Use which is approved by the Director, subject to:
          a. The standards for allowed uses that are set out in this MDC; and
          b. The applicable standards in Division 2-4, Limited and Conditional Use Standards, for
             that specific use.
     3. "C" means that the use is allowed as a Conditional Use, which is approved by the Planning
        and Zoning Commission, subject to:
          a. The standards for allowed uses that are set out in this MDC;
          b. The applicable standards in Division 2-4, Limited and Conditional Use Standards, for
             that specific use; and
          c. The conditional use standards of Section TBD, Conditional Use and Temporary
             Conditional Use Procedures, which apply to all conditional uses.
     4. "-" means that the use is Prohibited in the specified zoning district.




                                                   14                                      DRAFT 3.28.11
Sec. 2-3.2 Housing and Neighborhoods; Commercial Use of the Home
Table 2-3.2, Housing and Neighborhoods; Commercial Use of the Home, sets out the allowed, limited,
conditional, and prohibited residential uses, neighborhood types, and commercial uses of the home
in each district.

                                              TABLE 2-3.2
                         HOUSING AND NEIGHBORHOODS; COMMERCIAL USE OF THE HOME
                                                                                    Zoning District

Land Use
Residential Uses
Single-Family Detached                                     -   A    -   A   A A     A    A A     -    -   -   L   -   -   -
Single-Family Attached                                     -   -    -   L   L   -   L    L   A   -    L   L   L   L   -   -
Multifamily                                                -   -    -   -   -   -   L    L   A   -    L   L   L   L   -   -
Live-Work Unit                                             -   -    -   -   -   -    -   L   L   A    L   L   A A     -   -
Manufactured Home                                          -   L    -   -   -   -   L    L   -   -    -   -   -   -   -   -
(reserved)
Residential and Predominately Residential Mixed-Use Neighborhoods
Single-Family Cluster                                      -   A    -   -   -   A    -   -   -   -    -   -   -   -   -   -
Mixed-Housing Neighborhood                                 -   -    -   -   -   -   A    A A     -    -   -   -   -   -   -
TND / TOD                                                  -   -    -   -   -   -    -   A A     -    L   L   A   -   -   -
Manufactured Home Park                                     -   -    -   L   -   -    -   A   -   -    -   -   -   -   -   -
Commercial Use of the Home
Bed and Breakfast                                          -   -    -   -   -   -    -   -   L   A A      A A A       -   -
DCCCF: Family Home                                         -   A    -   C   C   L   L    L   L   A    -   L   L   L   -   -
DCCCF: Group Day-Care Home                                 -   -    -   -   -   C   C    C   C   A A      L   L   L   -   -
RCCF: Foster Home / Agency Foster Home                     -   A    -   A   A A     A    A A     -    -   -   A A     -   -
RCCF: Foster Group Home / Agency Foster Group Home         -   A    -   L   L   L   L    L   L   -    -   -   -   -   -   -




DRAFT 3.28.11                                             15
Sec. 2-3.3 Institutional; Recreation and Amusement
Table 2-3.3, Institutional; Recreation and Amusement Uses, sets out the allowed, limited, conditional,
and prohibited institutional, recreation, and amusement uses in each district.

                                                   TABLE 2-3.3
                                   INSTITUTIONAL; RECREATION AND AMUSEMENT USES
                                                                                  Zoning District

Land Use
Institutional Uses
Adult Day Care                                           -    -   -   -   -   -    -   -   L   A A      A   A A     -   -
Assisted Living Facility                                 -    -   -   -   -   -    -   L   L   A A      A   L   L   -   -
College / University / Vo-Tech                           -    L   -   -   -   -    -   -   -   A A      A   A A     A   -
Correctional or Rehabilitation Facility                  -    C   C   -   -   -    -   -   -   -    -   C   -   -   -   -
DCCCF: Day-Care Center                                   -    -   A   -   -   -    -   C   C   L    A   A   L   L   -   -
Group Homes
Hospital                                                 -    -   A   -   -   -    -   -   -   -    A   A   -   -   -   -
Library                                                  -    -   A   -   -   -    -   -   -   A A      A   A A     -   -
Medical Office / Clinic / Medical Lab                    -    -   L   -   -   -    -   -   -   A A      A   A A     -   -
Nursing / Convalescent Home                              -    -   -   -   -   -    -   L   L   -    -   A   -   -   -   -
Place of Public Assembly                                 -    -   A   L   L   -    -   L   L   A A      A   A A     -   -
Post Office                                              -    -   A   -   -   -    -   -   -   A A      A   A A     A   -
Private Club                                             -    -   -   L   L   L   L    L   L   A A      A   A A     -   -
Public Safety Facilities                                 -    -   A   -   -   A   A A      A   A A      A   A A     A A
RCCF: General Residential Operation                      -    C   L   -   -   -    -   -   -   -    -   L   -   -   -   -
Residential Care Facilities                              -    -   L   -   -   -    -   L   L   -    -   A   -   -   -   -
School: Pre-Kindergarten                                 -    -   A   L   L   -    -   L   L   -    L   A   -   -   -   -
School: Elementary                                       -    -   A   L   L   -    -   L   L   -    -   A   -   -   -   -
School: Middle                                           -    -   A   L   L   -    -   L   L   -    -   A   -   -   -   -
School: High                                             -    -   A   L   L   -    -   L   L   -    -   A   -   -   -   -
Shelter for Homeless Individuals                         -    -   L   -   -   -    -   -   -   -    C   C   -   -   -   -
Recreation and Amusement Uses
Arena; Stadium                                           -    -   L   -   -   -    -   -   -   -    C   -   C   -   -   -
Commercial Amusement, Indoor                             -    -   -   -   -   -    -   -   -   C    A   A   A A     L   -
Commercial Amusement, Outdoor                            -    -   -   -   -   -    -   -   -   -    L   L   -   L   -   -
Recreation, Indoor                                       -    -   A   L   L   L   L    L   L   A A      A   A A     A   -
Recreation, Outdoor                                      A A      A   A   A A     A A      A   A A      A   A A     A   -




                                                         16                                                 DRAFT 3.28.11
Sec. 2-3.4 Commercial Uses
Table 2-3.4, Commercial Uses, sets out the allowed, limited, conditional, and prohibited commercial
uses in each district.

                                                        TABLE 2-3.4
                                                      COMMERCIAL USES
                                                                                           Zoning District

Land Use
Alcoholic Beverage Sales, Package                                 -    -   -   -   -   -    -   -   -   A A        -   A A     -   -
Passenger Motor Vehicle Sales or Rental                           -    -   L   -   -   -    -   -   -   -      L   L   L   L   L   -
                                                                                                                           1
Bar; Nightclub; Dance Hall; Ice House                             -    -   -   -   -   -    -   -   -   -    C     -   C C     -   -
Heavy Vehicle, Watercraft, or Aircraft Sales or Rental            -    -   -   -   -   -    -   -   -   -      L   L   L   L   L   L
Commercial Lodging                                                -    -   -   -   -   -    -   -   -   -    A     A A A       -   -
Commercial Retail                                                 -    -   -   -   -   -    -   -   -   L    A     L   A A     L   L
Flea Market                                                       -    -   -   -   -   -    -   -   -   -      L   -   -   -   L   -
Heavy Retail                                                      -    -   -   -   -   -    -   -   -   -      L   -   -   -   L   L
Kennel                                                            -    A   -   -   -   -    -   -   -   L      L   L   -   -   L   -
Light Auto Service / Fueling or Charging Station                  -    -   -   -   -   -    -   -   -   -      L   L   -   -   L   L
Mixed-Use                                                         -    -   -   -   -   -    -   -   -   L      L   -   L   L   -   -
Office                                                            -    -   L   -   -   -    -   -   -   A A        A A A       A   L
Pawn Shop                                                         -    -   -   -   -   -    -   -   -   -    A     -   -   -   -   -
Personal Fitness or Music Instruction / Personal Services         -    -   -   -   -   -    -   -   -   L    A     -   A A     -   -
Professional Services, Instruction, or Counseling                 -    -   -   -   -   -    -   -   -   A A        -   A A     A   -
Restaurant, No Drive-In / Through                                 -    -   -   -   -   -    -   -   -   A A        A A A       L   L
Restaurant, Drive-In / Through                                    -    -   -   -   -   -    -   -   -   -    A     L   -   -   -   -
Tanning Facility                                                  -    -   -   -   -   -    -   -   -   A A        A A A       -   -
Vehicle Wash                                                      -    -   -   -   -   -    -   -   -   -      L   L   -   -   A   A
Vending Kiosks / ATMs                                             -    -   -   -   -   -    -   -   -   L      L   L   L   L   -   -
Veterinarian, Small Animal                                        -    A   -   -   -   -    -   -   -   L    A     A   L   L   A   -
Wholesale                                                         -    -   -   -   -   -    -   -   -   -      -   -   -   -   A   A
TABLE NOTE:
1
  Bars, night clubs, dance halls, and ice houses are limited uses in the Heart of the City Overlay District.


Sec. 2-3.5 Industrial; Agricultural; Utility; Transportation; Storage; and Logistics
Uses
Table 2-3.5, Industrial; Agricultural; Utility; Transportation; Storage; and Logistics Uses, sets out the
allowed, limited, conditional, and prohibited industrial, agricultural, utility, transportation, storage,
and logistics uses in each district.




DRAFT 3.28.11                                                     17
                                                    TABLE 2-3.5
                 INDUSTRIAL; AGRICULTURAL; UTILITY; TRANSPORTATION; STORAGE; AND LOGISTICS USES
                                                                                      Zoning District

Land Use
Industrial Uses
Automotive Wrecking and Salvage Yard; Junkyard; Recycling
                                                             -    -   -   -   -   -    -   -   -   -    -   -   -   -   L   L
Business
Composting Facility                                          -    L   -   -   -   -    -   -   -   -    -   -   -   -   -   L
Hazardous Waste Management Facility                          -    -   -   -   -   -    -   -   -   -    -   -   -   -   -   C
Heavy Industry                                               -    -   -   -   -   -    -   -   -   -    -   -   -   -   -   C
Light Industry                                               -    -   -   -   -   -    -   -   -   -    -   L   -   -   A A
Mining / Extraction                                          -    C   -   -   -   -    -   -   -   -    -   -   -   -   -   -
Rendering Plant                                              -    -   -   -   -   -    -   -   -   -    -   -   -   -   -   C
Research and Testing Laboratory                              -    -   -   -   -   -    -   -   -   L    L   A   -   -   A A
Solid Waste Facility                                         -    -   L   -   -   -    -   -   -   -    -   -   -   -   -   C
Waste Transfer Station or Recycling Drop Off Center          -    -   L   -   -   -    -   -   -   -    -   -   -   -   -   C
Agriculture Uses
Agricultural Equipment Sales / Feed Store                    -    L   -   -   -   -   -    -   -   -    A   -   -   -   A   -
Agricultural Support                                         -    L   -   -   -   -    -   -   -   -    -   -   -   -   A   -
Agriculture, General                                         -    A   -   -   -   -    -   -   -   -    -   -   -   -   -   -
Agriculture, CAFO or Intensive Aquaculture                   -    L   -   -   -   -    -   -   -   -    -   -   -   -   -   -
Commercial Stables                                           -    A   -   -   -   -    -   -   -   -    -   -   -   -   -   -
Nursery or Greenhouse, Retail                                -    L   -   -   -   -    -   -   -   -    L   -   -   -   A   -
Nursery or Greenhouse, Wholesale or Agricultural
                                                             -    A   L   -   -   -    -   -   -   -    -   -   -   -   -   -
Production
Veterinarian, Large Animal                                   -    A   -   -   -   -    -   -   -   -    -   -   -   -   A   -
Utility; Transportation; Storage; and Logistics Uses
Airport                                                      -    -   C   -   -   -    -   -   -   -    -   -   -   -   -   -
Airstrip                                                     -    C   C   -   -   -    -   -   -   -    -   -   -   -   -   C
Bulk Storage of Fossil Fuels                                 -    -   L   -   -   -    -   -   -   -    -   -   -   -   -   C
Commercial Warehousing and Logistics                         -    -   -   -   -   -    -   -   -   -    -   -   -   -   L   L
Heliport                                                     -    -   C   -   -   -    -   -   -   -    -   -   -   -   -   C
Helistop                                                     -    C   C   -   -   -    -   -   -   -    -   C   -   -   C   C
Parking and Multimodal Transit Facilities                    -    -   A   -   -   -    -   -   -   -    A   A   L   L   A A
Power Generation, Utility Scale, Fossil Fuel / Combustible   -    -   -   -   -   -    -   -   -   -    -   -   -   -   -   C
Power Generation, Utility Scale, Renewable /
                                                             -    -   -   -   -   -    -   -   -   -    L   L   -   -   A A
Noncombustible




                                                             18                                                 DRAFT 3.28.11
                                                  TABLE 2-3.5
               INDUSTRIAL; AGRICULTURAL; UTILITY; TRANSPORTATION; STORAGE; AND LOGISTICS USES
                                                                                Zoning District

Land Use
Power Generation, Small Scale, Renewable /
                                                       -    A   A   -   -   L   L    L   L   L    L   L   L   L   A   A
Noncombustible
Public Utility Plant, Municipal                        -    -   A   -   -   -    -   -   -   -    -   -   -   -   -   A
Public Utility Plant, Regional                         -    -   L   -   -   -    -   -   -   -    -   -   -   -   -   C
Rail Yard                                              -    -   -   -   -   -    -   -   -   -    -   -   -   -   A   A
Self Storage                                           -    -   -   -   -   -    -   -   -   -    L   L   L   L   A   -
Storage Yard                                           -    -   L   -   -   -    -   -   -   -    -   -   -   -   L   A


Sec. 2-3.6 Wireless Telecommunications Facilities
Table 2-3.6, Wireless Telecommunications Facilities, sets out the allowed, limited, conditional, and
prohibited wireless telecommunications facilities ("WTF") in each district.

                                                  TABLE 2-3.6
                                    WIRELESS TELECOMMUNICATIONS FACILITIES
                                                                                Zoning District

Land Use
Attached Communications WTF                            L    L   L   L   L   L   L    L   L   L    L   L   L   L   L   L
Stealth Freestanding WTF                               L    L   L   C   C   C   C    C   C   C    C   L   C   C   L   L
Non-Stealth Freestanding WTF                           -    L   L   -   -   -    -   -   -   -    -   -   -   -   C   L


Sec. 2-3.7 Uses Not Listed
 A. Generally. If a proposed use is not listed in Section 2-3.2, Housing and Neighborhoods;
    Commercial Use of the Home, Section 2-3.3, Institutional; Recreation and Amusement, Section
    2-3.4, Commercial Uses, Section 2-3.5, Industrial; Agricultural; Utility; Transportation; Storage;
    and Logistics Uses, Section 2-3.6, Wireless Telecommunications Facilities, or Section 2-3.8,
    Prohibited Uses in All Districts, then the Director shall decide whether the proposed use is either
    functionally comparable to, or a subcategory of, an allowed, limited, conditional, or prohibited
    use. The Director shall apply the following criteria to decide how the use will be regulated by
    this MDC:
        1. A proposed use is a subcategory of a allowed, limited, or conditional use if:
               a. Its North American Industrial Classification System ("NAICS") code is a subset of an
                  NAICS code for an allowed, limited, or conditional use; and




DRAFT 3.28.11                                          19
          b. With regard to each of the decision criteria enumerated in subsection B., the
             proposed use's impacts are not materially greater than the permitted, limited, or
             conditional use with the more general NAICS code.
     2. A proposed use is functionally comparable to an allowed, limited, or conditional use if it is
        reasonably comparable to the allowed, limited, or conditional use, and with regard to each
        of the decision criteria enumerated in subsection B., the proposed use has no greater
        impacts than the allowed, limited, or conditional use with which it is functionally
        comparable.
B. Decision Criteria. The following decision criteria shall be evaluated when the Director decides
   whether a proposed use is a subcategory of, or is functionally comparable to, an allowed,
   limited, or conditional use:
     1. Parking demand;
     2. Average daily and peak hour trip generation (cars and tucks);
     3. Impervious surface;
     4. Regulated air or water emissions;
     5. Noise;
     6. Lighting;
     7. Dust;
     8. Odors;
     9. Solid waste generation;
     10. Potentially hazardous conditions, such as projectiles leaving the site;
     11. Use and storage of hazardous materials;
     12. Character of buildings and structures;
     13. Nature and impacts of operation; and
     14. Hours of operation.
C. Effect of Determination.
     1. If the Director approves an application for a decision pursuant to this Section, then the use
        is permitted as an allowed, limited, or conditional use, with the same restrictions as the
        use to which it was compared for the purposes of the favorable decision.
     2. If the Director determines that a proposed use is not a subcategory of, or functionally
        comparable to, an allowed, limited, or conditional use, then the proposed use is a
        prohibited use.

Sec. 2-3.8 Prohibited Uses in All Districts
A. All Districts and ETJ. The following uses are prohibited in all districts, and to the extent of the
   City's jurisdiction, in the ETJ:




                                                   20                                     DRAFT 3.28.11
        1. Disposal of radioactive wastes;
        2. All uses that are prohibited by local ordinance, or require the use or sale of materials that
           are prohibited by local ordinance;
        3. All uses that are prohibited by state law or require the use or sale of materials that are
           prohibited by state law; and
        4. All uses that are prohibited by federal law or require the use or sale of materials that are
           prohibited by federal law.
 B. All Districts in City Limits. The following uses are not allowed in any district within the City
    limits:
        1. Cemeteries
        2. Shooting Range, Outdoor

Sec. 2-3.9 Uses that Are Allowed in Open Space
 A. Generally. Areas of development that are designated as common open space may be managed
    in their natural condition or used for any (or any combination) of the uses that are set out in this
    Section.

                                                TABLE 2-3.9
                                             USE OF OPEN SPACE
                                                                              Zoning District

Land Use
Residential Uses
Agriculture                                           -   A   -   -   -   L    -   -   -   -    -   -   -   -   -   -
Apiaries                                             L    L   L   -   -   -    -   -   -   -    -   -   -   -   -   -
Arboretum; Forest; Natural Area                      A A      A   L   L   A   L    L   -   L    -   L   -   -   L   -
Ball Fields                                           -   -   L   L   L   L   L    L   -   -    -   L   -   -   L   -
Community Gardens                                    A A      A A     A A     A    A A     A    -   A A     -   -   -
Golf Courses                                         L    L   L   L   L   L   L    -   -   -    -   L   -   -   L   -
Picnic Areas                                         L    L   L   L   L   L   L    L   L   L    L   L   L   L   L   L
Play Courts                                           -   -   L   L   L   L   L    L   L   L    L   L   L   L   L   L
Water Dependent Uses                                 L    L   L   L   L   L   L    L   L   L    L   L   L   -   L   -
Wildlife Refuge                                      L    L   L   -   -   L    -   -   -   -    -   L   -   -   L   -


 B. Agriculture. Open space may be used for agricultural purposes (but not including intensive
    agriculture) provided that, where shown as a limited use in Table 2-3.9, Use of Open Space, the
    following standards are met:
        1. Buffering from Residential Uses. Agricultural uses shall be set back 40 feet from private
           lots, or 50 feet from residential buildings.




DRAFT 3.28.11                                        21
    2. Buffering from Riparian Zones.
         a. Agricultural uses shall be set back 50 feet from any stream bank.
         b. The setback area shall remain natural vegetation.
         c. If livestock is involved, a fence shall be constructed to prevent livestock access to the
            area buffered pursuant to subsection B.2.a., above.
    3. Chemical Applications. The aerial application of fertilizers and / or pesticides for
       agricultural purposes is not allowed outside of the AG district.
C. Apiaries.
    1. Spacing Requirements. Apiaries are allowed in open space areas, provided that the hives
       are set back at least 200 feet from the boundaries of the open space parcel and from
       recreation uses in the open space parcel.
    2. Floodplain Requirements. Apiaries shall be located at least six inches above the base flood
       elevation and anchored to resist movement in the event of a base flood.
    3. Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in
       sound and usable condition.
    4. Water Source. A convenient source of water shall be available at all times to the bees so
       that the bees will not congregate at swimming pools, pet water bowls, birdbaths, or other
       water sources where they may cause human, bird or domestic pet contact.
D. Arboretum; Forest; Natural Area. Open space may be used as an arboretum, forest, or natural
   area, as follows:
    1. Generally. All arboretums, forests, and natural areas with public access via trails shall meet
       the following standards:
         a. Trash receptacles are provided at convenient locations, such as:
                i.    At trailheads;
                ii.   On viewing platforms;
               iii.   In picnic areas, if provided;
               iv.    At restroom facilities, if provided; and
                v.    At areas along trails where seating is provided.
         b. An agreement acceptable to the City Attorney is executed with regard to trash
            removal.
    2. Waterbodies, Wetlands, and Areas of Special Flood Hazard. Boardwalks and viewing
       platforms are permitted to cross over waterbodies, wetlands, and areas of special flood
       hazard, if it is demonstrated that:
         a. All required state and federal permits are issued;
         b. No viewing platform is more than 200 square feet;




                                                      22                                 DRAFT 3.28.11
           c. Boardwalks and viewing platforms are constructed of stable, durable materials that
              do not leach toxic chemicals into the waters below;
           d. Boards are placed so that light penetrates to the waters below;
           e. No boardwalk or viewing platform structure interferes with the flow of floodwaters;
              and
           f.   Boardwalks and viewing platforms are elevated to at least three feet above base
                flood elevation.
 E. Ball Fields. Ballfields are allowed as a use of open space provided that:
      1. The area used for ballfields does not have more than 15 percent impervious cover;
      2. Buildings are limited to restroom facilities and 1 vending kiosk per 4 ball fields; and
      3. Paved parking for the ballfields is not counted towards the open space requirement.
 F. Golf Courses.
      1. Crossing Riparian Buffers, Floodways, or Floodplains. Golf courses may cross riparian
         buffers, floodways, and floodplains if it is demonstrated that:
           a. There will be no change in the flood elevation due to the construction.
           b. Where the golf course crosses the floodplain, the cross-sectional area of the
              floodplain in such areas is at least 10 percent larger than the pre-construction cross
              sectional area.
           c. Tees and greens are elevated above base flood elevation. Fill is only used to raise tees
              or greens in locations where the floodplain is less than one foot in depth.
           d. Pedestrian or golf cart trails and bridges are designed to cross riparian buffers,
              floodways, or floodplains in ways that minimize the volume and velocity of
              stormwater runoff into waterbodies and floodways.
           e. Where the course parallels a water body, there is no clearing of natural vegetation in
              the riparian buffer, except as necessary for flood water access.
           f.   The course is designed to provide a 40 percent increase in stormwater storage
                (compared to the pre-development condition) during a regulatory flood.
      2. Wetlands, Woodlands, and Water Bodies. Wetlands, woodlands, and water bodies may be
         integrated into a golf course if it is demonstrated that:
           a. The wetlands, woodlands, and water bodies will be preserved (the course is designed
              so that these protected areas are natural hazards).
           b. There is no filling of wetlands or water bodies.
           c. A buffer of natural vegetation at least 15 feet in width will be maintained around the
              border of all wetlands.
 G. Picnic Areas. Picnic areas are allowed as a use of open space provided that:




DRAFT 3.28.11                                       23
      1. The picnic areas do not have more than 15 percent impervious cover;
      2. Buildings are limited to restroom facilities;
      3. Shelters or gazebos cover not more than 15 percent of the land area used for picnic areas;
         and
      4. Trash receptacles are provided in locations that are convenient to the picnic tables, and an
         agreement acceptable to the City Attorney is executed with regard to trash removal.
H. Play Courts.
      1. Play courts are an allowed use of open space provided that:
           a. They are not enclosed by walls (3-wall racquetball courts are allowed); and
           b. They are set back at least 30 feet from residential lot lines and 40 feet from buildings,
              unless the buildings are intended to service the play courts.
      2. Play courts that are located within an area of special flood hazard shall also comply with
         the following requirements:
           a. The base flood elevation shall not be more than 6 inches higher than the elevation of
              the floodplain.
           b. No fill shall be used to raise the elevation of the courts or materially alter the
              topography around the courts.
           c. Compensatory storage of stormwater shall be provided to lower the depth of the
              regulatory flood.
           d. The courts shall be designed and situated so as to minimize the risk that debris that
              could cause floodwater backups will be trapped.
           e. Paved areas shall not exceed five percent of the floodplain area within the parcel
              proposed for development.
           f.   A clear flow channel shall be provided in swales, minimizing the impact of the
                impermeable surfaces on storm flows.
I.   Water Dependent Uses. Water dependent uses are allowed if it is demonstrated that:
      1. The location of access to the water has been chosen to:
           a. Minimize adverse impacts to the water body from erosion, pollutants, or turbidity;
              and
           b. Minimize adverse impacts to riparian zone flora and habitat.
      2. The dimensions of the access are the minimum necessary to provide reasonable access for
         the purpose of the water dependent use.
      3. Any facilities that support the water dependent use that do not require direct access to
         water are located away from the water, to minimize their impact on riparian buffers,
         floodplains, and wetlands.




                                                    24                                     DRAFT 3.28.11
 J.   Wildlife Refuge. Wildlife refuges are allowed subject to the same standards as arboretums,
      forests, natural areas, which are set out in subsection D.

Division 2-4 Limited and Conditional Use Standards
Sec. 2-4.1 Application of Limited and Conditional Use Standards
The standards that are set out in this Division apply to uses that are listed as limited ("L") or
conditional ("C"). These standards are in addition to the other applicable standards of this MDC that
apply to all uses in the district in which the parcel proposed for development is located. For
conditional uses, the standards of Section TBD, Conditional Use Standards, also apply.

Sec. 2-4.2 Single-Family Detached
Single-family detached is allowed in the AC district if it is demonstrated that:
       1. The use is existing on the effective date and the date of application; or
       2. The lot proposed for development is bounded on two sides by other single-family
          detached uses; or
       3. The use is part of a mix of housing types to be developed as a traditional neighborhood
          development or transit-oriented development.

Sec. 2-4.3 Single-Family Attached
 A. Generally. Single-family attached uses are allowed in the NC, NT, RS, RG, CG, BP, AC and CBD
    districts according to the applicable standards of this Section.
 B. NC and NT Districts. Single-family attached uses are allowed in the NC and NT districts on lots
    that are already developed with single-family attached uses on the effective date.
 C. RS and RG Districts. Single-family attached uses are allowed in the RS and RG Districts, provided
    that:
       1. They are constructed only in the neighborhood types described in Section 4-2.2, Housing
          Types by District and Neighborhood Types, that allow them.
       2. They are not located closer than 300 feet to NC E, NCS, NTE, or NTS district boundaries,
          unless separated from such district by an arterial or major collector street right-of-way.
 D. CG, AC, and BP Districts. Single-family attached uses are allowed in the CG, AC, and BP Districts,
    provided that:
       1. They are constructed only in the neighborhood types described in Section 4-2.2, Housing
          Types by District and Neighborhood Types, that allow them;
       2. They are of a type that is allowed by Section 4-2.2, Housing Types by District and
          Neighborhood Types; and
       3. Vehicular access to the units is provided via an alley, parking structure, or parking court.
 E. CBD District. Single-family attached uses are allowed in the CBD district, provided that:




DRAFT 3.28.11                                        25
     1. The development is located in an area that is designated for single-family attached uses
        (townhomes) in the Heart of the City Plan, as may be amended from time to time, or the
        Director finds that the development serves as a transition to an area designated in the
        Heart of the City Plan as "residential," either by a location at the edge of the residential
        area that faces a "retail / commercial mix" area, or a location in the "retail / commercial
        mix" area that faces residential uses across a street or alley.
     2. The parcel proposed for development has at least 175 feet of street frontage;
     3. The single-family attached uses are a townhome (any type of townhome, see Division 4-2,
        Housing Palette) format; and
     4. Vehicular access to the units is provided via an alley, parking structure, or parking court.

Sec. 2-4.4 Multifamily
A. Generally. Multifamily uses are allowed in the RS, RG, CG, BP, AC and CBD districts according to
   the applicable standards of this Section.
B. RG District. Multifamily uses are allowed in the RG District, provided that:
     1. They are constructed only in the neighborhood types described in Section 4-2.2, Housing
        Types by District and Neighborhood Types, that allow them;
     2. They are not located closer than 300 feet to NC E, NCS, NTE, or NTS district boundaries,
        unless separated from such district by an arterial street right-of-way or an intervening use;
     3. They are not located closer than 300 feet to a single-family detached development that is
        not part of the parcel proposed for development; and
     4. Buildings are designed such that there are not more than 8 dwelling units per floor.
C. CG, AC, and BP Districts. Multifamily uses are allowed in the CG, AC, and BP Districts, provided
   that:
     1. They are constructed only in the neighborhood types described in Section 4-2.2, Housing
        Types by District and Neighborhood Types, that allow them; and
     2. Vehicular access to the units is provided via an alley, parking structure, or parking court.
D. CBD District. Multifamily uses are allowed in the CBD district, provided that:
     1. Vehicular access to the units is provided via an alley, parking structure, or parking court;
        and
     2. The use provides a courtyard that is visible from the street or a plaza that is accessible
        from the sidewalk.

Sec. 2-4.5 Live-Work Unit
A. Generally. Live-work units are allowed in the RG, RU, CG, and BP as provided in this Section.
B. RG and RU districts. Live-work units are allowed in mixed-use centers within traditional
   neighborhood developments and transit-oriented developments.




                                                   26                                      DRAFT 3.28.11
 C. CG and BP districts. Live-work units are allowed, provided that the proposed development
    includes a group of not less than 10 live-work units.

Sec. 2-4.6 Manufactured Home
 A. Generally. Manufactured homes are allowed in the AG, RS, and RG Districts pursuant to the
    standards of this Section.
 B. AG District. Manufactured homes may be installed only on single-family detached agricultural
    lots. See Section 4-2.3, Lot and Building Standards.
 C. RS and RG Districts. Manufactured homes shall be installed only in manufactured home parks.

Sec. 2-4.7 Traditional Neighborhood Development and Transit-Oriented
Development
Traditional Neighborhood Development and Transit-Oriented Development are allowed in the CG
and BP districts as provided in this Section.
      1. Not less than 35 percent of the floor area of the TND or TOD must be nonresidential; or
      2. At least 250,000 sf. of nonresidential floor area that is accessible by the vehicular and
         pedestrian transportation network shall be located within 1,320 feet of travel distance
         from of the center of the TND or TOD.

Sec. 2-4.8 Manufactured Home Park
Manufactured home parks are allowed in the NC district only in the locations and to the extent that
they existed on the effective date.



Sec. 2-4.9 Bed and Breakfast
Bed and breakfast is allowed in the RU district in the mixed-use center of a traditional neighborhood
development or transit oriented development.

Sec. 2-4.10 Day Care Child Care Facility (Family Home)
 A. Generally. Day care child care facility family homes ("family homes") are allowed in the NC, NT,
    RE, RS, RG, RU, BP, AC, and CBD districts according to the standards of this Section. All family
    homes must also meet state licensing requirements and the requirements of Article III of
    Chapter 54, McAllen Municipal Code.
 B. NC, NT, RE, RS, RG, and RU District. Family homes are allowed in the NC, NT, RE, RS, RG, and RU
    districts if all of the following are demonstrated:
      1. Family homes are limited to single-family detached buildings.
      2. Except where separated by an arterial street, a limited access highway, or a waterway for
         which no crossing is provided within 500 feet of the proposed family home, family homes
         shall be spaced:




DRAFT 3.28.11                                     27
          a. 600 feet from other family homes, measured from property line to property line
             along the shortest travel distance along existing or approved streets; or 200 feet from
             other family homes, measured as a radius from property lines; whichever
             measurement provides more spacing; and
          b. 750 feet from DCCCF group day-care homes, measured from property line to property
             line along the shortest travel distance along existing or approved streets; or 250 feet
             from DCCCF group day-care homes, measured as a radius from property lines;
             whichever measurement provides more spacing.
     3. No more than one family home is allowed on a street segment that terminates in a dead
        end or cul-de-sac.
     4. The family home use shall not display signage.
     5. The use shall not employ more than one person who does not live on the premises.
     6. Family homes shall not take access from a half-street or a street segment which requires
        travel across a half-street as a means of access.
     7. If the applicant for approval of a family home is not the owner of the dwelling unit in which
        the family home is located, then the owner's written consent shall be provided with the
        application.
C. BP and AC District. In the BP and AC district, family homes are limited to single-family detached
   buildings.
D. CBD District. In the CBD district, family homes are limited to single-family detached buildings
   that exist on the effective date.

Sec. 2-4.11 Day Care Child Care Facility (Group Day-Care Home)
A. Generally. Group day-care homes are allowed in the AG, RE, RS, RG, RU, BP, AC, and CBD
   districts according to the standards of this Section. All group day-care homes must also meet
   state licensing requirements and the requirements of Article III of Chapter 54, McAllen
   Municipal Code.
B. RE, RS, RG, and RU District. Group day-care homes shall be spaced not less than 1,000 feet from
   other group day-care homes and not less than 750 feet from DCCCF family homes, unless
   separated by:
     1. An arterial street;
     2. A limited access highway; or
     3. A waterway for which no crossing is provided within 500 feet of the proposed group day-
        care home.
C. BP and AC District. Group day care homes are limited to single-family detached buildings that
   exist on the effective date; or single-family detached buildings that are located in traditional
   neighborhood developments or transit-oriented developments.
D. CBD District. Group day care homes are limited to single-family detached buildings.




                                                  28                                     DRAFT 3.28.11
Sec. 2-4.12 Residential Child Care Facility (Foster Group Home or Agency Foster
Group Home)
 A. Generally. Residential child care facilities (foster group home or agency foster group home) are
    allowed in the NC, NT, RE, RS, RG, and RU districts according to the standards of this Section.
 B. Building. The use must be located in a single-family detached dwelling unit.
 C. Regulatory Compliance. The applicant must demonstrate that the building is in compliance with
    the minimum requirements for the use pursuant to state statutes (e.g., size of bedrooms,
    number of occupants per bedroom, etc.).

Sec. 2-4.13 Adult Day Care
 A. Generally. Adult day care is allowed in the RU District according to the standards of this Section.
 B. Combination with Place of Public Assembly. Adult day care is allowed as a part of a place of
    public assembly.
 C. Stand-alone Use. Adult day care is allowed as a stand-alone use, either:
      1. On lots that take access from collector or arterial streets; or
      2. In mixed-use centers in TNDs and TODs.

Sec. 2-4.14 Assisted Living Facility
 A. Generally. Assisted living facilities are allowed in the RG and RU Districts according to the
    standards of this Section.
 B. Combination with Place of Public Assembly. Assisted living facilities are allowed as a part of a
    development that includes a place of public assembly.
 C. Stand-Alone Use. Assisted living facilities are allowed as a stand-alone use, as follows:
      1. Location. The facility must be located:
           a. On a lot that takes access from a collector or arterial street; or
           b. In a mixed-housing developments, on a parcel that is not less than 60,000 sf. in area,
              located to buffer residential uses from nonresidential uses or arterial streets outside
              of the parcel proposed for development.
      2. Bufferyard. The use shall be buffered from abutting residential uses by a Type B
         bufferyard. See Division 9-3, Bufferyards.

Sec. 2-4.15 College / University / Vo-Tech
College, university, and vo-tech uses are allowed in the AG district if they are limited to agricultural
extension offices, agricultural research and instruction, and other comparable uses which are closely
related to agriculture.




DRAFT 3.28.11                                       29
Sec. 2-4.16 Correctional or Rehabilitation Facility
 A. Generally. Correctional and rehabilitation facilities are allowed in the AG, PR and BP
    districts according to the standards of this Section. State requirements also apply.
 B. AG District. Correctional or rehabilitation facilities are allowed in the AG district if it is
    demonstrated that:
      1. The facility is located not less than one mile from the boundaries of any residential
         zoning district.
      2. The minimum area of the parcel proposed for development is 320 acres.
      3. The parcel proposed for development does not front on an arterial street.
 C. PR and BP Districts. The facility shall be part of a criminal justice campus that includes a
    courthouse, and shall provide only short-term confinement of prisoners who are being held
    for (or during) trial proceedings.

Sec. 2-4.17 Day Care Child Care Facility (Day-Care Center)
 A. Generally. Day care child care facilities (day-care centers) are allowed in the RG, RU, CS, AC, and
    CBD districts according to the standards of this Section. Day-care centers must also meet state
    licensing requirements and the requirements of Article III of Chapter 54, McAllen Municipal
    Code.
 B. All Districts. Walls and fences on property used for day-care centers shall be painted with not
    more than two colors. Colors must be muted shades of white or earth tones. Graphics and
    images on walls and fences are not allowed in areas that face streets, except as may be allowed
    by Article 12, Signs.
 C. RG and RU Districts. Day-care centers are allowed in the mixed-use center of a traditional
    neighborhood development or transit oriented development. Such centers shall be spaced at
    least 100 feet from single-family detached residences, measured as a radius from property line
    to property line.
 D. CS Districts. Day-care centers are allowed in the CS District provided that:
      1. The bufferyard along residential district boundaries (if present) includes a six-foot tall
         opaque fence or wall; and
      2. The use does not provide night-time care.
 E. AC Districts. Day-care centers are allowed in AC Districts provided that outdoor play areas are
    enclosed by a masonry wall that is at least 5 feet in height.
 F. CBD District. In the CBD district, day-care centers shall be either alternate care programs or
    facilities that are provided by employers for use by employees.

Sec. 2-4.18 Medical Office; Clinic; Medical Lab
Medical offices, clinics, and medical labs that are operated by a governmental entity (e.g., Hidalgo
County Health Department) are allowed in the PR district.




                                                   30                                      DRAFT 3.28.11
Sec. 2-4.19 Nursing or Convalescent Home
 A. Generally. Nursing homes and convalescent homes are allowed in the RG and RU Districts
    according to the standards of this Section.
 B. Combination with Place of Public Assembly. Nursing homes and convalescent homes are
    allowed as a part of a development that includes a place of public assembly.
 C. Stand-Alone Use. Nursing homes and convalescent homes are allowed as a stand-alone use, as
    follows:
      1. Location. The location shall be either:
           a. On a lot that takes access from collector or arterial streets; or
           b. In a mixed-housing development, on a parcel that is not less than 60,000 sf. in area
              that, located to buffer residential uses from nonresidential uses or arterial streets
              outside of the parcel proposed for development.
      2. Bufferyard. The use shall be buffered from abutting residential uses by a Type B
         bufferyard. See Division 9-3, Bufferyards.

Sec. 2-4.20 Place of Public Assembly
 A. Generally. Places of public assembly are allowed in the NC, NT, RG, and RU districts according to
    the standards of this Section.
 B. NC and NT Districts. Places of public assembly are allowed as follows:
      1. Existing Use. Places of public assembly are allowed only lots that were developed as places
         of public assembly on the effective date, or as expansions of such uses as provided in
         subsections B.2. and B.3., below.
      2. Expansion of Existing Use. Places of public assembly may be expanded to abutting lots if:
           a. The expansion will allow the use to take access from an arterial or collector street;
           b. The applicant controlled the property onto which the expansion is proposed on the
              effective date; and
           c. The expansion will involve the installation of a Type B bufferyard between the use
              and abutting residential uses, unless equivalent buffering is already provided. See
              Division 9-3, Bufferyards.
      3. Parking. Parking for places of public assembly shall be provided on-site, and is not allowed
         on noncontiguous lots.
 C. RG and RU Districts. Places of public assembly are allowed as follows:
      1. Minimum Lot Area. The minimum lot area is:
           a. RG District: 2 acres
           b. RU District: 1 acre




DRAFT 3.28.11                                       31
     2. Required Access. Access must be provided from an arterial or collector street, or the use
        must be located in the mixed-use center of a traditional neighborhood development or
        transit-oriented development.
     3. Buffering. Unless located in a mixed-use center of a TND or TOD, the use shall be buffered
        from abutting residential uses by a Type B bufferyard. See Division 9-3, Bufferyards.

Sec. 2-4.21 Private Club
A. Generally. Private clubs are allowed in the NC, NT, RE, RS, RG, and RU districts according to the
   standards of this Section.
B. NC and NT Districts. Private clubs are allowed if the parcel proposed for development was a
   private club or place of public assembly on the effective date.
C. RE and RS Districts. Private clubs are allowed if they are limited to use by the residents of the
   development in which they are located.
D. RG and RU Districts. Private clubs are allowed if:
     1. They are limited to use by the residents of the development in which they are located; or
     2. They are located in a mixed-use center in a TND or TOD.

Sec. 2-4.22 Residential Child Care Facility (General Residential Operation)
A. Generally. Residential child care facilities (general residential operations) are allowed in the AG,
   PR, and BP districts according to the standards of this Section.
B. AG District. RCCF General Residential Operations are allowed in the AG district if they are
   emergency shelters, halfway houses, or other comparable operations that require heightened
   security or extensive buffering from other uses. Such uses shall meet all applicable state
   requirements and set back from property lines at least 100 feet.
C. BP and PR Districts. RCCF General Residential Operations in the BP and PR districts shall meet
   the following standards:
     1. Spacing. The use shall be spaced not less than 200 feet from residential district boundaries,
        measured as a radius from property line to property line.
     2. Access. The use shall take access from a collector or minor street.

Sec. 2-4.23 Residential Care Facilities
A. Generally. Residential care facilities are allowed in the RG and RU districts according to the
   standards of this Section.
B. Minimum Parcel Size. The minimum parcel size is 1.5 acres.
C. Access. Access shall be provided by a collector or arterial street.
D. Bufferyards.
     1. Interior property lines shall be buffered with a Type C bufferyard that includes an
        eight foot tall masonry wall.




                                                   32                                      DRAFT 3.28.11
      2. Street property lines shall be buffered with a Type A bufferyard.

Sec. 2-4.24 School (Pre-Kindergarten)
 A. Generally. Pre-kindergartens are allowed in the NC, NT, RG, RU, and CG districts according to
    the standards of this Section.
 B. NC and NT Districts. Pre-kindergartens are allowed in the NC and NT districts as follows:
      1. Existing Use. Pre-kindergartens are allowed only lots that were developed as pre-
         kindergartens, DCCCF day-care facilities, or places of public assembly on the effective date.
         They may be expanded as provided in subsections B.2. and B.3., below.
      2. Expansion of Existing Use. Pre-kindergartens may be expanded to abutting lots if:
           a. The expansion will allow the use to take access from an arterial or collector street;
           b. The applicant controlled the property onto which the expansion is proposed on the
              effective date; and
           c. The expansion will involve the installation of a Type C bufferyard between the use
              and abutting residential uses, unless equivalent buffering is already provided. See
              Division 9-3, Bufferyards.
      3. Parking. Parking for pre-kindergartens shall be provided on-site, and is not allowed on
         noncontiguous lots.
 C. RG and RU Districts. Pre-kindergartens are allowed as follows:
      1. Minimum Lot Area. The minimum lot area is:
           a. RG District: 2 acres
           b. RU District: 1 acre
      2. Required Access. Access must be provided from an arterial or collector street, or the use
         must be located in the mixed-use center of a traditional neighborhood development or
         transit-oriented development.
      3. Buffering. Unless located in a mixed-use center of a TND or TOD, the use shall be buffered
         from abutting residential uses by a Type C bufferyard. See Division 9-3, Bufferyards.
 D. CG District. Pre-kindergartens are allowed if the areas used by children are set back at least 100
    feet from arterials and limited access highways.

Sec. 2-4.25 School (Elementary)
 A. Generally. Elementary schools are allowed in the NC, NT, RG, and RU districts according to the
    standards of this Section.
 B. NC and NT Districts. Elementary schools are allowed in the NC and NT districts as follows:
      1. Existing Use. Elementary schools are allowed only lots that were developed as elementary
         schools or places of public assembly on the effective date. They may be expanded
         as provided in subsections B.2. and B.3., below.




DRAFT 3.28.11                                      33
     2. Expansion of Existing Use. Elementary schools may be expanded to abutting lots if:
          a. The expansion will allow the use to take access from an arterial or collector street;
          b. The applicant controlled the property onto which the expansion is proposed on the
             effective date; and
          c. The expansion will involve the installation of a Type C bufferyard between the use
             and abutting residential uses, unless equivalent buffering is already provided. See
             Division 9-3, Bufferyards.
     3. Parking. Parking for elementary schools shall be provided on-site, and is not allowed on
        noncontiguous lots.
C. RG and RU Districts. Elementary schools are allowed as follows:
     1. Minimum Lot Area. The minimum lot area is:
          a. RG District: 8 acres.
          b. RU District: 5 acres.
     2. Required Access. If the use involves daily bus transportation, bus access shall be from an
        arterial or collector street.
     3. Buffering.
          a. The use shall be buffered from abutting residential uses by a Type C bufferyard.
          b. The use shall be buffered from adjacent streets by a Type A bufferyard. See Division
             9-3, Bufferyards.

Sec. 2-4.26 School (Middle)
A. Generally. Middle schools are allowed in the NC, NT, RG, and RU districts according to the
   standards of this Section.
B. NC and NT Districts. Middle schools are allowed in the NC and NT districts as follows:
     1. Existing Use. Middle schools are allowed only lots that were developed as middle schools
        or places of public assembly on the effective date. They may be expanded as provided in
        subsections B.2. and B.3., below.
     2. Expansion of Existing Use. Middle schools may be expanded to abutting lots if:
          a. The expansion will allow the use to take access from an arterial or collector street;
          b. The applicant controlled the property onto which the expansion is proposed on the
             effective date; and
          c. The expansion will involve the installation of a Type C bufferyard between the use
             and abutting residential uses, unless equivalent buffering is already provided. See
             Division 9-3, Bufferyards.
     3. Parking. Parking for middle schools shall be provided on-site, and is not allowed on
        noncontiguous lots.




                                                  34                                      DRAFT 3.28.11
 C. RG and RU Districts. Middle schools are allowed as follows:
      1. Minimum Lot Area. The minimum lot area is:
           a. RG District: 20 acres.
           b. RU District: 5 acres.
      2. Required Access. If the use involves daily bus transportation, bus access shall be from an
         arterial or collector street.
      3. Buffering.
           a. The use shall be buffered from abutting residential uses by a Type C bufferyard.
           b. The use shall be buffered from adjacent streets by a Type A bufferyard. See Division
              9-3, Bufferyards.

Sec. 2-4.27 School (High)
 A. Generally. High schools are allowed in the NC, NT, RG, and RU districts according to the
    standards of this Section.
 B. NC and NT Districts. High schools are allowed in the NC and NT districts as follows:
      1. Existing Use. High schools are allowed only lots that were developed as high schools or
         places of public assembly on the effective date. They may be expanded as provided in
         subsections B.2. and B.3., below.
      2. Expansion of Existing Use. High schools may be expanded to abutting lots if:
           a. The expansion will allow the use to take access from an arterial or collector street;
           b. The applicant controlled the property onto which the expansion is proposed on the
              effective date; and
           c. The expansion will involve the installation of a Type C bufferyard between the use
              and abutting residential uses, unless equivalent buffering is already provided. See
              Division 9-3, Bufferyards.
      3. Parking. Parking for high schools shall be provided on-site, and is not allowed on
         noncontiguous lots.
 C. RG and RU Districts. High schools are allowed as follows:
      1. Minimum Lot Area.
           a. The minimum lot area is 30 acres.
           b. The minimum lot area may be reduced if the high school offers a magnet or specialty
              program that does not involve outdoor athletics.
      2. Required Access. If the use involves daily bus transportation, bus access shall be from an
         arterial or collector street.
      3. Buffering.




DRAFT 3.28.11                                      35
          a. The use shall be buffered from abutting residential uses by a Type C bufferyard.
          b. The use shall be buffered from adjacent streets by a Type A bufferyard. See Division
             9-3, Bufferyards.

Sec. 2-4.28 Shelter for Homeless Individuals
A. Generally. Shelters for homeless individuals are allowed in the PR, CG, and BP districts
   according to the standards of this Section.
B. PR, CG, and BP Districts. Shelters for homeless individuals must be spaced as follows:
     1. From other shelters for homeless individuals: At least 1,320 feet
     2. From other residential uses:
          a. At least 600 feet; or
          b. Accessed by an arterial and buffered from single-family detached and single-family
             attached uses by a Type C bufferyard
     3. From a provider of social services, including public health care providers, employment
        agencies, and meals:
          a. Not more than 1,320 feet (walking distance along a safe route); unless
          b. The shelter also provides transportation services or is located on a public
             transportation route that serves such uses.

Sec. 2-4.29 Arena; Stadium
A. Generally. Arenas and stadiums are allowed in the PR, CG, and AC districts according to the
   standards of this Section.
B. Traffic Study. Proposed arena and stadium uses shall provide a traffic study that demonstrates:
     1. No material impact on residential minor streets; and
     2. Adequate capacity on collector and arterial streets that serve the arena or stadium, or
        additional improvements that will be required to attain such adequate capacity.
C. Noise. Events are limited such that noise levels attributable to the use at the closest single-
   family residential property on the effective date do not exceed:
     1. 70 dbA between the hours of 10 AM and 9 PM; and
     2. 60 dbA between the hours of 9 PM and 11 PM; and
     3. 40 dBA between the hours of 11 PM and 10 AM.
D. Transit. Transit stops that meet the requirements of Section 6-3.13, Transit Stops, shall be
   provided on the site of the arena or stadium.




                                                 36                                     DRAFT 3.28.11
Sec. 2-4.30 Commercial Amusement, Indoor
 A. Generally. Commercial amusement, indoor is allowed in the CS and IL districts according to the
    standards of this Section.
 B. CS District. In the CS District, indoor commercial amusement uses:
      1. Shall not operate between the hours of 10:00 PM and 9:00 AM; and
      2. Shall not include indoor playgrounds, skating rinks, bowling alleys, or velodromes.
 C. IL District. In the IL District, indoor commercial amusement uses are limited to indoor
    playgrounds, skating rinks, and velodromes. Such usses shall be spaced not less than 500 feet
    from rail yards and storage yards, and not less than 1,000 feet from heavy industry and
    commercial warehousing and logistics uses.

Sec. 2-4.31 Commercial Amusement, Outdoor
 A. Generally. Commercial amusement, outdoor is allowed in the CG, BP and CBD districts
    according to the standards of this Section.
 B. CG District. Outdoor commercial amusement is permitted in the CG district if it is demonstrated
    that the use is located at least 600 feet from property that is used or zoned for residential
    purposes. Outdoor commercial amusement shall be surrounded by at least a Type C bufferyard;
    however, if Article 9, Landscaping, Buffering, and Tree Protection, requires a more opaque
    bufferyard, then the more opaque bufferyard shall be used.
 C. BP District. Outdoor commercial amusement is permitted in the BP district if it is demonstrated
    that:
      1. The use will be open only within the hours of 4:30 PM and 10:00 PM weekdays, and 6:00
         AM and 10:00 PM on weekends, and that setup and takedown activities for events that
         take place outside of these time periods will not interfere with the use of nearby
         properties for uses that are existing or permitted in the district; and
      2. The use is located at least 600 feet from property that is used or zoned for residential
         purposes.
 D. CBD District. Outdoor commercial amusement is permitted in the CBD district as follows:
      1. The use is limited to an amphitheater or other outdoor concert facility;
      2. Speakers are directed away from single-family residential areas that are within 500 feet of
         the facility; and
      3. Events are limited such that noise levels attributable to the use at the closest single-family
         residential property on the effective date do not exceed:
           a. 70 dbA between the hours of 10 AM and 9 PM; and
           b. 60 dbA between the hours of 9 PM and 11 PM; and
           c. 40 dBA between the hours of 11 PM and 10 AM.




DRAFT 3.28.11                                      37
     4. The reduction of noise level that is required at 9 PM may be extended to 11 PM for three
        events per year with prior permission of the Director, provided that the events occur on a
        Friday or Saturday evening or federal holiday.
     5. The reduction of noise level that is required at 9 PM may be extended to 12:15 AM for one
        event per year with prior permission of the Director, provided that the event is held on
        December 31.

Sec. 2-4.32 Recreation, Indoor
A. Generally. Recreation, indoor is allowed in the NC, NT, RE, RS, RG, and RU districts according to
   the standards of this Section.
B. NC and NT Districts. Recreation, indoor is allowed in locations where it existed on the effective
   date.
C. RE, RS, RG and RU Districts. Recreation, indoor is allowed in the RE, RS, RG, and RU districts as
   follows:
     1. Limitation on Use. The use must be limited to residents of the development in which it is
        located, or, where TND or TOD development is allowed, in a mixed-use center of a TND or
        TOD.
     2. Access. The use must be accessed from within a mixed-use center of a TND or TOD, or from
        a collector street (if available within the parcel proposed for development). The use may
        be accessed from a minor street if the subdivision is less than 100 lots and the owners of
        all lots in the development who are permitted to use the facility have convenient access to
        the facility along the minor street.
     3. Buffering. The use must be surrounded on all interior property lines by a Type B
        bufferyard.

Sec. 2-4.33 Passenger Motor Vehicle Sales or Rental
A. Generally. Passenger motor vehicle sales or rental is allowed in the PR, CG, BP, AC, CBD, and IL
   districts according to the standards of this Section.
B. PR District. Passenger motor vehicle rental facilities are allowed on the grounds of the McAllen
   International Airport.
C. CG, BP, and IL District. Passenger motor vehicle sales or rental uses are allowed in the CG
   district as follows:
     1. Landscaping and Buffering.
          a. All paved areas used for vehicle storage shall be landscaped with large trees such that
             not less than 20 percent of the paved area will be covered by tree canopy when the
             trees mature.
          b. Bufferyards along residential district boundaries include a masonry wall that is at
             least 5 feet in height.




                                                 38                                     DRAFT 3.28.11
          c. A Type B bufferyard is provided along all property lines that are not district
             boundaries or right-of-way lines.
          d. A Type B bufferyard is provided along abutting streets. This bufferyard may be
             interrupted for a distance of 15 feet at intervals of not less than 35 feet for the
             purpose of display of vehicles.
          e. Chain link fancing is allowed only as part of interior side and rear bufferyards,
             provided that it is set back at least five feet from property lines and screened by
             landscaping.
     2. Structured Parking Alternative. If the use stores its inventory in a parking structure, the
        buffering requirements of subsection C.1., above, shall be reduced to:
          a. District boundary requirements at district boundaries; and
          b. A Type A bufferyard along all other property lines (with the same allowance set out in
             subsection C.1.d., above for the display of vehicles).
     3. Access. Passenger motor vehicle sales shall take access from an arterial street. Passenger
        motor vehicle rental may take access from an arterial or collector street.
     4. Vehicle Wash and Maintenance Facilities. Vehicle wash and maintenance facilities shall be
        located behind the principal showroom building and shall meet all applicable requirements
        for such facilities as if they were principal uses.
     5. Integration Into Another Use (Passenger Vehicle Rental Only). Passenger motor vehicle
        rental is allowed in commercial retail shopping centers and commercial lodging facilities (in
        districts where such facilities are allowed), provided that:
          a. Maintenance facilities are located off-site;
          b. Not more than 10 vehicles are stored on site at any given time; and
          c. Vehicles that are stored on-site do not occupy parking spaces that are required in
             order to meet the requirements of Article 7, Parking, Loading, Access, and Circulation.
 D. AC and CBD District.
     1. Outside Storage of Vehicles Limited. In the AC and CBD districts, not more than 8 vehicles
        may be stored outside. All other inventory must be stored off-site in a district that allows
        such use or stored indoors or in a parking structure. Parking spaces that are used for
        storage of vehicle inventory do not count towards the requiremetns of Article 7, Parking,
        Loading, Access, and Circulation. On-street parking shall not be used for the storage of
        inventory vehicles.
     2. Vehicle Wash and Maintenance Facilities. Vehicle wash and maintenance facilities shall be
        located off-site in a district that allows such use, and shall be developed according to the
        standards of that district.




DRAFT 3.28.11                                     39
Sec. 2-4.34 Bar; Nightclub; Dance Hall; Ice House
A. Generally. Bars, nightclubs, dance halls, and ice houses are allowed in the CG, AC, and CBD
   districts according to the standards of this Section. Conditional use permits for bars, nightclubs,
   dance halls, and ice houses are non-transferrable and may be revoked upon demonstration of
   noncompliance with the requirements of this Section according to the procedures set out in
   Section TBD.
B. Noise Control. Bars, nightclubs, dance halls, and ice houses that provide live entertainment or
   play recorded music for dancing shall be sound-proofed so that:
     1. Noise levels from the use do not exceed 50 dbA at the property line; and
     2. Doors that are used for public access to the use open away from residential uses.
C. Security.
     1. Bars, nightclubs, dance halls, and ice houses shall employ security to prevent access by
        persons under 21 years of age unless:
          a. Alcohol is not served; or
          b. Areas where alcoholic beverages are served and areas where alcoholic beverages are
             consumed are separated from other areas of the facility (e.g., dining, dancing,
             entertainment) and access to such area is limited to persons who are 21 years of age
             or older.
     2. Bars, nightclubs, dance halls, and ice houses that provide live entertainment or dance
        floors shall provide security personnel outside of the front door when they are open for
        dancing or entertainment purposes, to ensure that:
          a. The occupancy capacity of the building (fire code) is not exceeded; and
          b. The requirements of subsection C.1., above, are enforced.
     3. Bars, nightclubs, dance halls, and ice houses shall provide security to prevent loitering,
        littering, and criminal activity in parking areas.
D. Spacing. Bars, nightclubs, dance halls, and ice houses shall not be located within 200 feet of
   residential district boundaries (measured from the closest edge of the parking lot to the closest
   edge of the residential district line), unless:
     1. All of the following conditions exist:
          a. The floor area of the use does not exceed 6,000 square feet;
          b. The area between the use and the residential district boundary is occupied by other
             nonresidential ues; and
          c. The use takes access from an arterial street (or shared access easement that is
             connected to an arterial street); or
     2. The use is a bar or nightclub that is:
          a. Integrated into a commercial lodging use;




                                                  40                                      DRAFT 3.28.11
           b. Accessed from inside the commercial lodging use; and
           c. Soundproofed so that it is inaudible at the property line.

Sec. 2-4.35 Heavy Vehicle, Watercraft, or Aircraft Sales or Rental
 A. Generally. Heavy vehicle, watercraft, or aircraft sales or rental is allowed in the CG, BP, AC, CBD,
    IL, and IH districts according to the standards of this Section.
 B. CG, BP, AC, and CBD Districts. Heavy vehicle, watercraft, or aircraft sales or rental is allowed if
    the use (including showrooms, if any) is located entirely within an enclosed building
    and inventory is stored off-site in a zoning district that allows such storage.
 C. IL and IH Districts. Heavy vehicle, watercraft, or aircraft sales or rental is allowed in the IL and IH
    districts if:
      1. Booms, derricks, grapple loaders, and platforms on stored equipment shall be lowered as
         much as possible.
      2. No flags or signs are hung on booms, derricks, grapple loaders, and platforms of stored
         equipment.
      3. In the IL District, a Type C bufferyard is provided along all property lines that are not street
         frontages, and a Type B bufferyard is provided along all street frontages.



Sec. 2-4.36 Commercial Retail
 A. Generally. Commercial retail is allowed in the CS, BP, IL and IH district according to the
    standards of this Section.
 B. CS District. Commercial retail uses in the CS district shall not be open to the public between the
    hours of 9:00 PM and 6:00 AM.
 C. BP, IL, and IH Districts. Commercial retail is permitted in the BP, IL, and IH districts if one of the
    following is demonstrated:
      1. The commercial retail use is subordinate to an institutional, office, light industrial, or heavy
         industrial use in the same building, building complex, or campus, and is principally
         intended to serve the needs of the employees of the building, building complex, or campus
         (e.g., hospital gift shop, professional plumbing or electrical supply store , etc.); or
      2. The commercial retail use principally sells items that are manufactured on-site (e.g.,
         furniture maker selling furniture at the factory); or
      3. The commercial retail use is incidental and accessory to another permitted use (e.g.,
         personal care products sold at a salon, hospital pharmacy, etc.).

Sec. 2-4.37 Flea Market
 A. Generally. Flea markets are allowed in the CG and IL districts according to the standards of
    this Section.




DRAFT 3.28.11                                        41
B. Access. Flea markets shall be accessed from arterial streets.
C. Spacing. Flea markets shall be spaced from other flea markets by not less than one mile.
D. Hours of Operation. Flea markets shall not be open to the public during the following
   hours:
     1. Indoor Flea Markets. 9 PM and 9 AM.
     2. Outdoor Flea Markets. 6 PM and 7 AM.
E. Notice of Licensing Requirements. The operator of a flea market that leases space for
   terms of more than one day shall notify all tenants that one or more business licenses from
   the City may be required for the operation of their businesses.
F. Setbacks and Buffering.
     1. All operations of outdoor flea markets shall be set back from property lines at least 50
        feet.
     2. Flea markets shall be surrounded by at least a Type C bufferyard; however, if Article 9,
        Landscaping, Buffering, and Tree Protection, requires a more opaque bufferyard, then
        the more opaque bufferyard shall be used. All bufferyards along residential district
        boundaries shall include a masonry wall that is at least 6 feet in height.

Sec. 2-4.38 Heavy Retail
A. Generally. Heavy retail is allowed in the CG, IL, and IH districts according to the standards of this
   Section.
B. CG and IL Districts. Heavy retail is allowed in the CG district as follows:
     1. All property lines that abut residential zoning district boundaries shall be buffered with a
        bufferyard that is one level of opacity higher than the bufferyard that is required at the
        district boundary. Said bufferyard shall include a masonry wall that is not less than 6 feet in
        height.
     2. Heavy retail uses shall take access from arterial or collector streets, except where the use
        is connected to an arterial street by a minor street (in order to handle traffic volumes into
        the site) that does not also provide access to residential uses between the heavy retail use
        and an arteral.
     3. Exterior speakers shall be directed away from residential uses or turned off after 8:00 PM.
     4. Outdoor storage areas shall be enclosed by a masonry wall and / or decorative metal
        fence. Screen may be used inside of the fence, but chain link is not allowed. Merchandise
        shall not extend to a height that is higher than the top of the abutting wall or fence.
     5. A truck routing plan is required. See Section TBD, Truck Routing Plans.
C. IH Districts. Heavy retail is allowed in IH districts if it is of a type that supports the operation of
   industrial uses in the district (e.g., heavy equipment rental); or if its primary purpose is to sell
   goods that are manufactured on site (e.g., manufactured home sales located on the site of a




                                                    42                                       DRAFT 3.28.11
     manufacturer of manufactured homes). Warehouse clubs, super stores, home centers, and
     other comparable retail categories that are oriented to the general public are not allowed.

Sec. 2-4.39 Kennel
Kennels are allowed in the CS, CG, BP, and IL districts as follows:
      1. Dog runs and outdoor animal exercise areas are allowed only to the rear of the use,
         provided that the abutting property is industrial or heavy retail;
      2. Buildings that abut residential zoning districts shall be sound-proofed so that animal
         noises will not be audible from outside of the building;
      3. Kennels shall not be located within 500 feet of any type of school, day care facility, or
         public park (except a dog park); and
      4. A landscaped area of at least 100 sf. shall be provided in front of the use. Such area
         shall include facilities for cleanup of animal waste (a bag dispenser and secure trash
         receptacle), and shall be cleared of animal waste daily.

Sec. 2-4.40 Light Auto Service; Fueling or Charging Station
 A. Generally. Light auto service uses and fueling or charging stations are allowed in the CG, BP, IL
    and IH districts according to the standards of this Section.
 B. CG, BP, IL, and IH Districts. Light auto service uses and fueling or charging stations are subject
    to the following standards in the CG, BP, IL, and IH districts:
      1. Charging Stations.
           a. Level 1 and Level 2 charging stations are allowed in all off-street parking locations,
              except those areas where parking is expected to be high turnover.
           b. Applicants for approval of a Level 3 charging station or comparable fast-charge facility
              for electric vehicles shall demonstrate that sufficient power will be available during
              hours of peak use to support the use without compromising the integrity of the
              power grid in the City.
      2. Fossil Fuels and / or Auto Service.
           a. Fueling stations that dispense fossil fuels shall not be located within the 100-year or
              500-year floodplain unless the following areas are elevated at least one foot above
              base flood elevation:
                i.    All areas within 20 feet of a gasoline pump;
                ii.   All underground tank fill points; and
              iii.    All service areas where fossil fuels, lubricants, solvents, or other hazardous
                      materials are used.
           b. Fueling stations that dispense fossil fuels shall not be located within 200 feet of a
              wetland, waterbody (except detention or retention with treatment), or permitted
              potable water well.




DRAFT 3.28.11                                        43
 C. CG and BP Districts. In addition to the standards of subsection B., above, light auto service uses
    and fueling or charging stations shall include the following landscape / bufferyard treatments:
      1. Landscaped Surface. Not less than 30 percent of the area of the parcel proposed for
         development shall be landscaped surface. This requirement supersedes the landscape
         surface ratio requirements of Section 4-3.1, Parcel Standards.
      2. Bufferyards. The perimeter of the parcel proposed for development shall be buffered with
         a Type B bufferyard, except that property lines that are also district boundary lines shall be
         buffered with a bufferyard that is one level of opacity higher than the district bufferyard
         requirement, and if the abutting zoning district is NC, NT, RE, RS, RG, or RA, the bufferyard
         shall include a fence or wall that is at least 4 feet in height.

Sec. 2-4.41 Mixed-Use
 A. Generally. Mixed-use is allowed in the CS, CG, AC, and CBD district according to the standards of
    this Section.
 B. Residential Component. If there are more than five dwelling units in the development, shared
    recreational amenities and/or landscaped outdoor area is provided for the use of the residents,
    as follows:
      1. 6 to 50 units: 100 sf. per unit.
      2. 51 to 100 units: 5,000 sf., plus 50 sf. per unit in excess of 50 units.
      3. More than 100 units: 7,500 sf., plus 25 sf. per unit in excess of 100 units, but not less than
         three percent of the residential floor area.
 C. Limited or Conditional Use Components. If the development includes uses that are indicated as
    "limited" or "conditional," the applicable limited or conditional use standards are met. If such
    limited or conditional use standards require spacing from residential district boundaries, then
    they may not be combined with a residential use in a mixed-use development.

Sec. 2-4.42 Office
 A. Generally. Office is allowed in the PR and IH districts according to the standards of this Section.
 B. PR District. Offices operated by governmental entities are allowed in the PR District.
 C. IH District. Offices within the IH district are limited to the following two functions:
      1. Offices that are related to the administration of a permitted industrial use, if they are
         located on the same parcel proposed for development as the industrial use; and
      2. Offices that provide specialized services to industrial uses (e.g., quality or safety
         inspections, engineering services, etc.).

Sec. 2-4.43 Personal Fitness or Music Instruction; Personal Services
Personal fitness or music instruction; personal services is allowed in the CS district if the use does not
operate between the hours of 9:00 PM and 7:00 AM.




                                                     44                                       DRAFT 3.28.11
Sec. 2-4.44 Restaurant, Drive-In or Drive-Through
 A. Generally. Restaurant, Drive-In or Drive-Through is allowed in the BP district according to
    the standards of this Section.
 B. Limitation on Land Area. The land area allocated to drive-in and drive-through
    restaurant use in a BP district shall be not more than 10 percent of the contiguous land area
    of the BP district in which the use is located.
 C. Hours of Operation. No drive-in or drive-through restaurant in a BP district shall be open
    for business between the hours of 8:00 PM and 5:30 AM.

Sec. 2-4.45 Restaurant, No Drive-In or Drive-Through
 A. Generally. Restaurant, no drive-in or drive-through is allowed in the IL and IH districts according
    to the standards of this Section.
 B. Limitation on Land Area. The land area allocated to restaurant use in an IL or IH district shall be
    not more than 10 percent of the contiguous land area of the district in which the use is located.
 C. Hours of Operation. No restaurant in an IL or IH district shall be open for business between the
    hours of 8:00 PM and 5:30 AM unless it is located on the site of an industrial use and is intended
    to serve employees of the use.

Sec. 2-4.46 Vehicle Wash
 A. Generally. Vehicle wash is allowed in the CG and BP districts according to the standards of
    this Section.
 B. Enclosure Required. All mechanical equipment, excluding self-service vacuum units, shall be
    enclosed within a building.
 C. Preliminary Spraying and Drying Areas. All facilities shall be designed and configured such that
    any outdoor spraying preparation or drying activities are directed away from any abutting
    properties that are occupied or zoned for residential use, or a Type D bufferyard that includes a
    structure screens the facility from such properties.
 D. Configuration of Wash Bays. Bay access shall be oriented and / or screen walls provided to
    prevent headlights from shining into residential development. Generally, this means that wash
    bays shall be sited parallel to the adjacent street in such a way as to use the frontage efficiently
    and orient wash activities away from any abutting property that is used or zoned for residential
    purposes.
 E. Supplemental Parking. If self-service vacuum facilities are provided, a minimum of one parking
    space for each vehicle capable of being serviced at any one time at such vacuum facility shall be
    provided. Parking spaces for accessory vacuum facilities shall not interfere with circulation or
    entrance or exit drives.
 F. Accessory Equipment Setbacks. Accessory equipment (e.g., vacuum facilities) shall be set back
    at least 20 feet from all property lines.
 G. Outside Storage. Outside storage of materials and equipment used to wash vehicles is not
    allowed (except when such equipment is actually in use).




DRAFT 3.28.11                                       45
H. Water Recycling Requirements. The following water recycling requirements apply to all full-
   service or conveyor-based vehicle wast facilities. They do not apply to self-service facilities (e.g.,
   facilities in which the customer washes the vehicle with a pressurized wash wand).
     1. All vehicle wash facilities that obtained a certificate of occupancy or a temporary
        certificate of occupancy after the effective date shall be required to be equipped with, and
        shall maintain in operation, a water recycling system that will recycle not less than 50
        percent of the water being used by the facility.
     2. Any operator of a vehicle wash facility that has obtained a certificate of occupancy or a
        temporary certificate of occupancy prior to the effective date shall be required to install,
        and maintain in operation, a water recycling system that will recycle not less than 50
        percent of the water as a condition of any permit to:
          a. Enlarge the water tap, meter, or service line in any such vehicle wash facility; or
          b. Demolish, destroy or remove and then replace more than 50 percent of the floor area
             of the vehicle wash facility building as it existed on the effective date, except for the
             purpose of replacing or repairing water recycling equipment; or
          c. Expand the floor area of the vehicle wash facility building by more than 50 percent of
             the area of the vehicle wash facility building as it existed on the effective date

Sec. 2-4.47 Vending Kiosks; ATMs
A. Generally. Vending Kiosks and ATMs are allowed in the CS, CG, BP, AC, and CBD districts
   according to the standards of this Section. This section applies only to kiosks and ATMs that are
   located outside of principal buildings.
B. CS and CG Districts.
     1. Setbacks. Vending Kiosks and ATMs shall be set back from property lines one foot for each
        foot in height of the kiosk or ATM.
     2. Height. Vending kiosks and ATMs shall not exceed the following heights:
          a. CS District: 10 ft.
          b. CG District 20 ft.
     3. Protection from Collision. Vending kiosks and ATMs shall be elevated above parking lot
        surfaces and protected by a six-inch curb, with a minimum radius around the base of the
        kiosk of five feet. Bollards shall not be used for collision protection, unless they are
        integrated into a decorative metal fence which surrounds the structure except at points of
        access.
     4. Impact on Circulation System.
          a. Walk-up format vending kiosks and ATMs shall be connected to the internal and
             external pedestrian circulation systems and shall not interfere with vehicular
             circulation.




                                                    46                                       DRAFT 3.28.11
           b. Drive-through format vending kiosks and ATMs shall circulate independently from
              parking areas and shall provide at least 3 stacking spaces, including the position at the
              kiosk or ATM.
      5. Site Circulation and Parking. Parking spaces for walk-up format vending kiosks and ATMs
         shall be located within 30 feet of the base of the kiosk or ATM.
      6. Materials. Vending kiosks shall be finished with materials that compliment the principal
         building. Vending machines and ATMs that are portable shall be secured to the ground and
         covered with a weatherproof structure that compliments the principal building and
         screens the sides and backs of the vending machines.

                                           FIGURE 2-4.47
                                    WALK-UP FORMAT VENDING KIOSK




 C. BP District. ATMs are allowed at financial institutions if:
      1. They do not exceed 6 feet in height; and
      2. They are either:
           a. Integrated into the building facade; or
           b. Accessible via a drive-through lane that provides at least 3 stacking spaces, including
              the position in front of the machine.
 D. AC, and CBD Districts. Vending kiosks and ATMs are allowed in the AC and CBD districts if:
      1. They are a walk-up format that is integrated into a building facade;
      2. They are accessible from the public sidewalk;
      3. The are located on a facade that faces a street with on-street parking;
      4. They do not encroach onto the sidewalk; and
      5. The use of the vending kiosk or ATM does not impede the flow of pedestrian traffic along
         the sidewalk.




DRAFT 3.28.11                                       47
Sec. 2-4.48 Veterinarian, Small Animal
Veterinarian, small animal, is allowed in the CS, AC, and CBD districts, provided that:
      1. The use does not involve animal boarding; and
      2. The building is soundproofed.

Sec. 2-4.49 Automotive Wrecking and Salvage Yard; Junkyard; Recycing Business
 A. Generally. Automotive wrecking and salvage yards, junkyards, and recycling businesses are
    allowed in the IL and IH districts according to the standards of this Section.
 B. Buffering. The use shall be enclosed on all sides by a Type D bufferyard that includes a
    structure.
 C. Stacking. Wrecked cars shall not be stacked such that they are visible from property lines.
 D. Hours of Operation. Powered equipment shall not operate between the hours of 8:00 PM and
    7:00 AM.
 E. Truck Routing Plan. A truck routing plan is required for uses that involve the transportation of
    wrecked vehicles on semi trailer trucks.

Sec. 2-4.50 Composting Facility
 A. Generally. Composting facilities are allowed in the AG and IH districts according to the
    standards of this Section.
 B. Location. Composting facilities shall be:
      1. Located in enclosed buildings with odor control systems;
      2. Set back at least 200 feet from all property lines;
      3. Surrounded by a Type D bufferyard;
      4. Located on a site that is a minimum of 20 acres in size; and
      5. Located at least 2,000 feet from residential, school, place of public assembly, and
         hospital uses to the north, northeast, and east, and at least 1,000 feet from residential,
         school, place of public assembly, and hospital uses in other directions.
 C. Hazardous Waste or Hazardous Materials. No hazardous waste or hazardous materials shall be
    accepted or deposited at any composting facility.
 D. Mitigation of Hazards to Aircraft. Composting facilities that are located within 10,000 feet of
    any airport runway end used by turbojet aircraft or within 5,000 feet of any airport runway end
    used only by piston-type aircraft shall be designed and operated in a manner that will not result
    in bird hazard to aircraft.
 E. Truck Routing Plan. A truck routing plan is required.




                                                    48                                    DRAFT 3.28.11
Sec. 2-4.51 Hazardous Waste Management Facility
 A. Generally. Hazardous waste management facilities are allowed in the PR and IH districts
    according to the standards of this Section.
 B. Location. Hazardous waste management facilities shall be located only on the premises of a
    solid waste facility, and are subject to the same limited and conditional use standards as solid
    waste facilities. See Section 2-4-58, Solid Waste Facilities.
 C. Demonstration of Need. The applicant for a hazardous waste management facility shall
    demonstrate that there is a need for the facility in order to manage the waste generated in the
    City of McAllen and its ETJ. The facility shall also be consistent with the implementation of the
    most current version of the Regional Solid Waste Management Plan, adopted by the Lower Rio
    Grande Valley Development Council.
 D. Local Review Committee Process. Applications for hazardous waste management facilities in
    the City of McAllen are subject to the local review committee process that is set out in Section
    361.063, Preapplication Local Review Committee Process, Tex. Health and Safety Code.
 E. State and Federal Permits. The applicant shall provide proof of application to and approval
    from applicable state and federal agencies prior to commencement of operations.

Sec. 2-4.52 Heavy Industry
 A. Generally. Heavy industry is permitted in the IH district, according to the standards of this
    Section. It is the intent of the City Commission to ensure that heavy industries are sited in
    locations where their impacts on residential neighborhoods and environmental resources
    (including floodplains) are minimized.
 B. Spacing. Heavy industry shall be spaced from dwelling units, places of public assembly, day
    cares, hospitals, schools, colleges, universities, and vo-tech at least:
      1. 300 feet, if the area of the use is 7,500 sf. or less, unless the use involves a material risk of
         explosion or toxic air emissions;
      2. 1,000 feet, if the area of the use is larger than 7,500 sf. or the use involves a material risk
         of explosion or toxic air emissions.
 C. Outdoor Storage. Outdoor storage areas are located at least 150 feet from arterial streets, or
    buffered from such streets by a Type C bufferyard.
 D. Emergency Response Plan. An emergency response plan may be required according to the
    standards of Section TBD, Emergency Response Plans.
 E. Truck Routing Plan. A truck routing plan may be required according to the standards of Section
    TBD, Truck Routing Plans.

Sec. 2-4.53 Light Industry
Light industry is allowed in the BP district, provided that all of the light industrial activities take place
within an enclosed building and there is no outside storage.




DRAFT 3.28.11                                         49
Sec. 2-4.54 Mining; Extraction
A. Generally. Mining and extraction uses are allowed in the AG district according to the standards
   of this Section.
B. Spacing. Mining and extraction uses shall be spaced not less than 1,000 feet from any:
     1. Place of public assembly;
     2. Public park;
     3. School;
     4. Hospital;
     5. Day care;
     6. College, university, or vo-tech;
     7. Restaurant (any type); or
     8. Dwelling unit.
C. Buffering. Mining and extraction uses shall be surrounded by a Type E bufferyard, except at
   points of ingress and egress. The bufferyard shall include a berm. Noise studies shall be
   conducted to establish the minimum required berm height, based on the equipment operated
   at the site. The berm shall ensure that noise is not generated at a level greater than 55 dBA at
   the property line.
D. Wellhead Protection. Extraction uses are prohibited in areas that are within a cone of influence
   around a wellhead.
E. Hours of Operation. Extraction uses shall restrict hours of operation to 7:00 AM to 6:00 PM,
   weekdays.
F. End Use Plan. An end use plan shall be submitted providing the following:
     1. The ground surface shall be restored to:
          a. A condition permitting one of the following uses: agriculture, forestry, or to support
             building construction; or,
          b. A waterbody with sufficient peripheral land for residential or recreational
             development. The City may require a sketch plan showing how this is to be
             accomplished.
     2. Either an escrow account or an annual fee shall be required, as approved by the City
        Attorney and City Commission, to ensure that there are sufficient funds set aside to
        guarantee the restoration.
     3. If future recreational use is identified, management of such use shall be established. Risks
        from any subsurface materials to future uses shall be identified.
     4. Monitoring and post-closure wells and maintenance plans shall be submitted and
        adequate funding provided to continue their operation and maintenance.




                                                   50                                   DRAFT 3.28.11
 G. Ground and Surface Water. Different types of extraction uses have different potential impacts
    on groundwater. The following standards shall be applied to the review and approval of these
    uses:
       1. The depth of natural soil and type of soil shall be reviewed. The City may impose
          requirements for drainage systems, monitoring, and pumping systems to prevent potential
          ground and surface water pollution or ground water depletions that would interfere with
          private water wells.
       2. Any processing which results in waste materials shall provide information about the
          pollution potential of the waste materials. The City shall deny any plans that have a
          substantial risk of polluting ground or surface waters due residual or waste materials from
          extraction.
       3. Monitoring wells may be required.
       4. An emergency response plan must be reviewed and approved. The City may impose fees
          or require security to ensure that an adequate emergency response fund is available.
 H. Truck Routing Plan. A truck routing plan is required according to the standards of Section TBD,
    Truck Routing Plans.
 I.   Emergency Response Plan. An emergency response plan is required according to the standards
      of Section TBD, Emergency Response Plan.

Sec. 2-4.55 Rendering Plant
 A. Generally. Rendering plants are allowed in the IH district according to the standards of this
    Section. These standards also apply to rendering plants within the ETJ to the extent allowed by
    Texas law.
 B. Spacing. Rendering plants shall be spaced not less than 1,000 feet from any:
       1. Place of public assembly;
       2. Public park;
       3. School;
       4. Hospital;
       5. Day care;
       6. College, university, or vo-tech;
       7. Restaurant (any type); or
       8. Dwelling unit.
 C. Buffering. Rendering plants shall be surrounded by a Type D bufferyard, except at points of
    ingress and egress.
 D. Truck Routing Plan. A truck routing plan is required according to the standards of Section TBD,
    Truck Routing Plans.




DRAFT 3.28.11                                      51
Sec. 2-4.56 Research and Testing Facility
Research and testing laboratory is allowed in the CS and CG districts, provided that it does not
involve materials or activities that create a risk of fire, explosion, environmental contamination, or
comparable hazard, that is materially greater than commercial retail and restaurant uses.

Sec. 2-4.57 Solid Waste Facility
 A. Generally. Solid waste facilities are allowed in the PR and IH districts according to the standards
    of this Section.
 B. Demonstration of Need. The applicant for a solid waste facility shall demonstrate that there is a
    need for the facility in order to manage the solid waste generated in the City of McAllen and its
    ETJ. The facility shall also be consistent with the implementation of the most current version of
    the Regional Solid Waste Management Plan, adopted by the Lower Rio Grande Valley
    Development Council.
 C. Local Review Committee Process. Applications for solid waste facilities in the City of McAllen
    are subject to the local review committee process that is set out in Section 361.063,
    Preapplication Local Review Committee Process, Tex. Health and Safety Code.
 D. Location Requirements.
      1. No solid waste facility shall be located in any of the following areas:
           a. Within 1,000 feet of the platted right-of-way of a principal arterial; or
           b. Within 2,000 feet of a residential zoning district boundary.
      2. Solid waste facilities shall be located so that truck traffic generated by the facility can
         access an arterial street without need for travel upon a minor street or collector street that
         is within or adjacent to any residentially zoned area or along thoroughfares adjacent to any
         public park or public recreational area or recreational facility.
 E. Mitigation of Hazards to Aircraft. Solid waste facilities handling putrescible wastes within
    10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any
    airport runway end used only by piston-type aircraft shall be designed and operated in a
    manner that will not result in hazards (including bird strike hazards) to aircraft.
 F. Protection of Water Resources and Public Health. Solid waste facilities shall be located,
    designed, and operated outside of:
      1. The special flood hazard area;
      2. The 500-year floodplain; and
      3. Wetlands.
 G. Setbacks. No building or area in which the unloading, storage or processing of waste or
    recyclable materials takes place shall be located within:
      1. 50 feet of the lot line on which the waste transfer station is located; or
      2. 200 feet of:




                                                    52                                     DRAFT 3.28.11
           a. Any non-residential structure located on property not owned or leased by the owner
              of the solid waste facility;
           b. Any wetland;
           c. Any water well;
           d. Any natural or artificial pond (including detention or retention pond or facility);
              natural stream, water way, or water course, or
           e. An artificial drainage way or canal.
 H. Minimum Area of Parcel Proposed for Development. The minimum area of a parcel proposed
    for development as a solid waste facility 100 acres.
 I.   Design Requirements.
       1. On-Site Parking and Roads.
           a. The facility shall be designed with sufficient off-street parking and stacking areas to
              accommodate all employees, visitors, and trucks. Public streets shall not be utilized at
              any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or
              trucks.
           b. The facility shall be designed with sufficient drive aisles and parking areas to avoid
              potential conflicts between facility operations by trucks and passenger vehicles (e.g.,
              for household waste or recyclable material drop-off or employee use), and the use of
              emergency access easements and fire lanes.
           c. The road surface design shall be suitable for loaded heavy vehicles, and the road base
              shall be capable of withstanding all expected loads.
           d. The road system shall be designed to eliminate the need for the backing of truck
              traffic.
       2. Unloading and Loading Areas.
           a. The unloading area shall be adequate in size and design to facilitate efficient
              unloading from the collection vehicles and the unobstructed movement of vehicles.
           b. The unloading and loading pavement areas shall be constructed of concrete or
              asphalt paving material and equipped with adequate drainage structures and
              systems.
       3. Fencing and Aesthetics.
           a. Solid waste facilities shall be surrounded by a Type E perimeter bufferyard that
              includes either:
                i.   An eight foot opaque wall that is interrupted only by necessary access and
                     maintenance gates, which is constructed of brick, block, stone, or other
                     materials with similar aesthetic and quality characteristics; or




DRAFT 3.28.11                                        53
              ii.   A varied berm with heights between 6 and 8 feet above adjacent grade, with a
                    continuous hedge near the peak of the berm, which is maintained at a height of
                    at least two feet, and a security fence that is located behind the berm and not
                    visible from the street.
           b. The use of chain link or barbed wire within the station shall be limited to areas that
              are not visible from any public right-of-way.
           c. Gates shall be designed in a manner to balance the aesthetic compatibility of the
              station fencing materials with station security. Gates shall be composed of colored
              metal or wrought iron, designed to substantially reduce public views into the station.
              Use of chain link for gates is prohibited.
J.   Operational Requirements.
      1. Waste Acceptance. The operator shall employ a plan for proper identification, control, and
         disposal of hazardous wastes received by the facility. No asbestos waste or radioactive
         waste shall be knowingly accepted at a solid waste facility. The operator shall employ a
         plan for proper identification, control, and disposal of such wastes.
      2. Emergency Access Required. Emergency access easements and fire lanes shall be
         maintained at all times in an unobstructed and fully accessible condition.
      3. Supervision of Facility. Solid waste facilities shall have an on-site operator on duty at all
         times the facilities are open. Suitable security measures and signage shall be provided to
         limit unauthorized persons from access to the facility when the station is closed.
      4. Control of Litter, Insects, Odors, and Vectors. The operation of the solid waste facilities, and
         the storage and handling of all solid waste shall be practiced so as to prevent the
         attraction, harborage or breeding of wildlife or insects, rodents, and other vectors (e.g.,
         flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate conditions which
         cause or may potentially cause:
           a. Harm to the public health and the environment;
           b. Congregation of birds;
           c. Safety hazards to individuals and surrounding property; and
           d. Excessive odor problems, unsightliness, and other nuisances.
      5. Other Operational Requirements and Prohibitions.
           a. No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover
              odors from the solid waste, shall be added to the solid waste.
           b. Open burning is prohibited, except flaring that is related to an approved gas control
              system.
           c. Scavenging is prohibited.
K. Operations Plan Requirements. The Operations Plan shall describe all activities to be conducted
   at the solid waste facilities and describe programs and requirements to be imposed to ensure




                                                    54                                       DRAFT 3.28.11
     compliance with the provisions of this Section. The Operations Plan shall be maintained and be
     made readily available for reference and inspection at the solid waste facility and shall be
     updated and re-approved by the City as necessary to reflect changes in operations. The
     Operations Plan shall, at a minimum, describe:
      1. The state and federal permits that authorize the operations at the facility (permit
         numbers, general description of authorization, and dates of issuance);
      2. How the requirements of this Section will be satisfied;
      3. The schedule of operation including the days and hours that the facility will be open;
      4. Personnel required and their training and responsibilities;
      5. A description of measures that will be taken to identify and control undesirable wastes
         received that could either contaminate other wastes or pose unusual health hazards and
         risks to employees, such as infectious medical waste and hazardous wastes;
      6. Equipment provided at the facility and its operation;
      7. Site access control method;
      8. Fire fighting procedures, including availability of water for fire fighting;
      9. A contingency plan outlining the corrective or remedial measures that will be taken if
         unapproved wastes are delivered to the facility and in the event of odors, surface or
         ground water contamination, spills, equipment breakdown, and other undesirable
         conditions such as fires, dust, noise, and vectors;
      10. A truck routing plan according to the requirements of Section TBD, Truck Routing Plans,
          which shall also describe the process and procedures associated with the delivery and
          hauling of all wastes processed at the waste transfer station or recycling center; and
      11. Other information as required by the City of McAllen that is appropriate to the facility
          operating plan.

Sec. 2-4.58 Waste Transfer Station or Recycling Center
 A. Generally. Waste transfer stations and recycling centers are allowed in the PR and IH districts
    according to the standards of this Section.
 B. Demonstration of Need. The applicant for a waste transfer station shall demonstrate that there
    is a need for the station in order to manage the solid waste generated in the City of McAllen and
    its ETJ. The facility shall also be consistent with the implementation of the most curent version
    of the Regional Solid Waste Management Plan, adopted by the Lower Rio Grande Valley
    Development Council.
 C. Location Requirements.
      1. No waste transfer station or recycling center shall be located in any of the following areas:
           a. Within 1,000 feet of the platted right-of-way of a principal arterial; or
           b. Within 1,320 feet of a residential zoning district boundary.




DRAFT 3.28.11                                        55
     2. Waste transfer stations and recycling centers shall be located so that truck traffic
        generated by the station can access an arterial street without need for travel upon a minor
        street or collector street that is within or adjacent to any residentially zoned area or along
        thoroughfares adjacent to any public park or public recreational area or recreational
        facility.
D. Mitigation of Hazards to Aircraft. Waste transfer stations handling putrescible wastes within
   10,000 feet of any airport runway end used by turbojet aircraft or within 5,000 feet of any
   airport runway end used only by piston-type aircraft shall be designed and operated in a
   manner that will not result in hazards (including bird strike hazards) to aircraft.
E. Protection of Water Resources and Public Health.
     1. Waste transfer stations and recycling centers shall be located, designed, or operated
        outside of the special flood hazard area and outside of the 500-year floodplain, and cannot
        result in washout of waste or otherwise pose a hazard to human health, wildlife, or
        contamination of land or water resources.
     2. New waste transfer stations or recycling centers and expansions of such stations or centers
        shall not be located within or encroach into any floodway, 100-year floodplain, or wetland.
F. Setbacks. No building or area in which the unloading, storage, processing, or transfer of waste
   or recyclable materials takes place shall be located within:
     1. 50 feet of the lot line on which the waste transfer station is located; or
     2. 200 feet of:
          a. Any non-residential structure located on property not owned or leased by the owner
             of the waste transfer station;
          b. Any wetland;
          c. Any water well;
          d. Any natural or artificial pond (including detention or retention pond or facility);
             natural stream, water way, or water course, or
          e. An artificial drainage way or canal.
G. Minimum Area of Parcel Proposed for Development. The minimum area of a parcel proposed
   for development as a waste transfer station or recycling center is 10 acres.
H. Design Requirements.
     1. Generally.
          a. For waste transfer stations, the site shall be designed such that all activities
             associated with waste transfer, such as tipping, sorting, storage, compaction,
             transfer, reloading, and related activities shall be conducted in a fully enclosed
             building. No outdoor storage of materials or equipment shall be permitted.
             Appropriate enclosed office/and plumbed employee restroom facilities shall be
             provided on-site.




                                                    56                                    DRAFT 3.28.11
          b. For recycling centers, all materials shall be stored in enclosed bins or other
             appropriate containers that are weather resistant, rust-proof, and secured at the end
             of business each day.
     2. On-Site Parking and Roads.
          a. The facility shall be designed with sufficient off-street parking and stacking areas to
             accommodate all employees, visitors, and trucks. Public streets shall not be utilized at
             any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or
             trucks.
          b. The facility shall be designed with sufficient drive aisles and parking areas to avoid
             potential conflicts between facility operations by trucks and passenger vehicles (e.g.,
             for household waste or recyclable material drop-off), and the use of emergency
             access easements and fire lanes.
          c. The road surface design shall be suitable for loaded heavy vehicles, and the road base
             shall be capable of withstanding all expected loads.
          d. The road system shall be designed to eliminate the need for the backing of truck
             traffic.
     3. Unloading and Loading Areas.
          a. The unloading area shall be adequate in size and design to facilitate efficient
             unloading from the collection vehicles and the unobstructed movement of vehicles.
          b. The unloading and loading pavement areas shall be constructed of concrete or
             asphalt paving material and equipped with adequate drainage structures and
             systems.
          c. Provisions shall be made for weighing or measuring all solid waste transferred to the
             facility.
     4. Fencing and Aesthetics.
          a. Waste transfer station and recycling center design shall include a Type E perimeter
             bufferyard that includes an eight foot opaque wall that is interrupted only by
             necessary access and maintenance gates. The wall shall be constructed of brick,
             block, stone, or other materials with similar aesthetic and quality characteristics. Use
             of split-face style cinder block shall be permitted if a neutral earth-tone color (no un-
             textured, common gray cinder block will be permitted).
          b. Gates shall be designed in a manner to balance the aesthetic compatibility of the
             station fencing materials with station security. Gates shall be composed of colored
             metal or wrought iron, designed to substantially reduce public views into the station.
             Use of chain link for gates is prohibited.
          c. The use of chain link or barbed wire within the station shall be limited to areas that
             are not visible from any public right-of-way.
     5. Waste Liquid Collection and Disposal.




DRAFT 3.28.11                                     57
           a. All waste transfer stations shall be designed and constructed to include a collection
              and disposal system that will prevent liquids contained in waste materials and
              generated by normal operations such as wash-out and cleaning of equipment, trucks,
              and floors (“waste liquids”), from contaminating the soil, surface water, or ground
              water.
           b. Tipping, loading, and unloading areas shall be constructed of impervious material and
              equipped with drains connected to either:
               i.   A sanitary sewer system if permitted by the sanitation district or service
                    provider; or
              ii.   A corrosion-resistant holding tank. Alternate designs may be used with prior
                    written approval of the City if the applicant can show that the alternate design
                    will prevent waste liquids from contaminating the soil, surface water, and
                    ground water.
I.   Operational Requirements.
      1. Waste Acceptance. Only household waste, commercial, and industrial waste and recyclable
         materials shall be accepted at any waste transfer station. Only recyclable materials shall be
         collected at a recycling center. The operator shall employ a plan for proper identification,
         control, and disposal of hazardous wastes received by the waste transfer station. No
         asbestos waste shall be knowingly accepted at a transfer station facility. The operator shall
         employ a plan for proper identification, control, and disposal of hazardous and asbestos
         wastes.
      2. Storage. Solid wastes shall not remain at the transfer station for more than 72 hours. Any
         solid waste that is to be kept overnight at the station shall be stored in an impervious
         enclosed structure.
      3. Overnight Truck Parking. Trucks or vehicles shall not be parked or stored overnight at the
         waste transfer station unless screened in a manner that will substantially prevent view of
         stored vehicles from public rights-of-way. Any vehicle maintenance services shall be a
         secondary and subordinate use of the site and shall be limited to maintenance of vehicles
         associated with trash delivery and transfer at the waste transfer station. Junked or
         inoperable vehicles shall not be stored at the waste transfer station.
      4. Emergency Access Required. Emergency access easements and fire lanes shall be
         maintained at all times in an unobstructed and fully accessible condition.
      5. Supervision of Facility. The waste transfer station or recycling center shall have an on-site
         operator on duty at all times the facility is open. Suitable security measures and signage
         shall be provided to limit unauthorized persons from access to the facility when the station
         is closed.
      6. Control of Litter, Insects, Odors, and Vectors. The operation of the waste transfer station or
         recycling center and the storage and handling of all solid waste shall be practiced so as to
         prevent the attraction, harborage or breeding of wildlife or insects, rodents, and other




                                                   58                                      DRAFT 3.28.11
           vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate
           conditions which cause or may potentially cause:
            a. Harm to the public health and the environment;
            b. Congregation of birds;
            c. Safety hazards to individuals and surrounding property; and
            d. Excessive odor problems, unsightliness, and other nuisances.
       7. Facility Maintenance.
            a. Waste transfer stations and recycling centers shall be maintained in a neat and
               orderly appearance at all times through the control of uncontained waste, trash, and
               litter. Operators shall cause periodic policing not less than once every day (or more
               often as needed) of the entire waste transfer station or recycling center site.
            b. Sanitary conditions shall be maintained through the periodic wash-down or other
               appropriate cleaning method of the transfer station and transfer vehicles. Frequency
               of cleaning shall be sufficient to prevent odors and other nuisance conditions from
               developing. All residuals shall be properly disposed of following cleaning operations.
       8. Other Operational Requirements and Prohibitions.
            a. No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover
               odors from the solid waste, shall be added to the solid waste.
            b. Open burning is prohibited on any waste transfer station site.
            c. Scavenging is prohibited at any waste transfer station or recycling center.
 J.   Operations Plan Requirements. The Operations Plan shall describe all activities to be conducted
      at the waste transfer station and describe programs and requirements to be imposed to ensure
      compliance with the provisions of this Section. The Operations Plan shall be maintained and be
      made readily available for reference and inspection at the waste transfer station or recycling
      center and shall be updated and re-approved by the City as necessary to reflect changes in
      operations. The Operations Plan shall, at a minimum, describe:
       1. How the requirements of this Section will be satisfied;
       2. The schedule of operation including the days and hours that the facility will be open;
       3. Personnel required and their training and responsibilities;
       4. A description of measures that will be taken to identify and control undesirable wastes
          received that could either contaminate other wastes or pose unusual health hazards and
          risks to employees, such as infectious medical waste and hazardous wastes;
       5. Equipment provided at the facility and its operation;
       6. Site access control method;
       7. Fire fighting procedures, including availability of water for fire fighting;




DRAFT 3.28.11                                         59
      8. A contingency plan outlining the corrective or remedial measures that will be taken if
         unapproved wastes are delivered to the facility and in the event of odors, surface or
         ground water contamination, spills, equipment breakdown, and other undesirable
         conditions such as fires, dust, noise, and vectors;
      9. A truck routing plan according to the requirements of Section TBD, Truck Routing Plans,
         which shall also describe the process and procedures associated with the delivery and
         hauling of all wastes processed at the waste transfer station or recycling center; and
      10. Other information as required by the City of McAllen that is appropriate to the facility
          operating plan.

Sec. 2-4.59 Agricultural Support
Agricultural support is allowed in the AG district if the use fronts on a State Highway or has direct
access to a railroad spur.

Sec. 2-4.60 Agriculture, CAFO or Intensive Aquaculture
 A. Generally. Agriculture, CAFO or intensive aquaculture is allowed in the AG district according to
    the standards of this Section.
 B. Location.
      1. The use shall have access to a principal arterial.
      2. The use shall be located at least one mile from any residential district boundary.
 C. Permits. Proof of application for state and / or federal permits shall be provided at the time of
    application; and proof of issuance of state and / or federal permits shall be provided before
    commencement of operations.

Sec. 2-4.61 Nursery or Greenhouse, Retail
 A. Generally. Nursery or greenhouse, retail, is allowed in the AG District and the CG District
    pursuant to the standards of this Section.
 B. AG District. Nursery or greenhouse, retail, is allowed in the AG District if the use fronts on a
    collector street with a pavement width of not less than 40 feet.
 C. CG District. Nursery or greenhouse, retail is allowed in the CG District if:
      1. The use is screened from view from streets by a Type B bufferyard; and
      2. If the use abuts a residential district boundary:
           a. The opacity of the required district boundary bufferyard is increased by one level
              (e.g., from Type C to Type D); and
           b. The use does not operate between the hours of 9:00 PM and 6:00 AM;
      3. Bulk mulch, sand, soil, fill, rock, and other non-vegetative ground covers are not stored
         in parking areas, and are covered to avoid windblown dust; and
      4. Chain link fence, if used, is not visible from property lines.




                                                    60                                    DRAFT 3.28.11
Sec. 2-4.62 Airport
Airport is allowed in the PR district, provided that the use is limited to the McAllen International
Airport, including expansions thereto.

Sec. 2-4.63 Airstrip
 A. Generally. Airstrips are allowed in the AG, PR, and IH districts according to the standards of this
    Section.
 B. Demonstration of Need. In the AG and PR Districts, there must be a demonstrated need for the
    airstrip, as set out in Table 2-4.63, Required Demonstration of Need for Airstrip.

                                                TABLE 2-4.63
                                  REQUIRED DEMONSTRATION OF NEED FOR AIRSTRIP
District Required Demonstration of Need
       Pesticide application or mosquito control, or secure transport to a correctional or rehabilitation facility.
       Demonstration of need not required if operations are limited to one flight per week.
       public safety and security, traffic control, mosquito control, or secure transport


 C. Spacing. All portions of airstrips shall be located not less than 600 feet from district boundary
    lines of the district in which they are located.

Sec. 2-4.64 Bulk Storage of Fossil Fuels
 A. Generally. Bulk storage of fossil fuels is allowed in the PR and IH districts according to the
    standards of this Section.
 B. Disaster Response Plan. A disaster response plan shall be provided according to the standards
    of Section TBD.
 C. PR District.
       1. The storage of fossil fuels must be for the operation of a vehicle fleet that is owned by a
          governmental entity; or for the operation of a power plant that is owned by a
          governmental entity.
       2. The use shall be buffered on all sides by a Type D Bufferyard with a structure;
       3. The use is not located within a 100-year or 500-year floodplain; and
       4. The use shall be set back at least 1,000 feet from residential district boundary lines.
 D. IH District.
       1. The use shall be buffered on all sides by a Type E Bufferyard with a structure;
       2. The use is not located within a 100-year or 500-year floodplain; and
       3. The use shall be set back at least 1,000 feet from residential district boundary lines.




DRAFT 3.28.11                                                  61
Sec. 2-4.65 Commercial Warehousing and Logistics
A. Generally. Commercial warehousing and logistics is allowed in the IL and IH districts according
   to the standards of this Section.
B. Setback from Residential Districts. Commercial warehousing and logistics is not allowed on
   property that is located within 300 feet of a residential district boundary.
C. Truck Routing Plan. A truck routing plan shall be provided that demonstrates that trucks will
   not traverse minor residential streets within McAllen as they travel:
     1. Between the use and a limited access highway; and
     2. Between the use and other uses that are served by the warehousing and logistics use.
D. Location of Loading Bays. In the IL district, loading bays shall be located behind the principal
   building, unless it is demonstrated that:
     1. Front-facing bays would have less impact on the function of the surrounding land uses; and
     2. The front property line is buffered with a Type B bufferyard.

Sec. 2-4.66 Heliport
A. Generally. Heliports are allowed in the PR and IH districts according to the standards of this
   Section.
C. Spacing.
     1. Heliports shall be spaced:
          a. At least 1,000 feet (horizontal distance) from single-family detached and single-family
             attached residential uses and all types of schools.
          b. At least 600 feet (horizontal distance) from multifamily uses.
     2. Alternatively, a heliport may be located at McAllen International Airport.
D. Design. Heliports shall be designed according the applicable design standards set out in U.S.
   Department of Transportation Advisory Circular No. 150/5390-2B, dated September 30, 2004,
   as may be amended or supplemented from time to time; and shall meet all Federal Aviation
   Administration requirements.




                                                  62                                    DRAFT 3.28.11
Sec. 2-4.67 Helistop
 A. Generally. Helistops are allowed in the AG, PR, BP, IL, and IH districts according to the standards
    of this Section.
 B. Demonstration of Need. In the AG, PR, and BP Districts, there must be a demonstrated need for
    the helistop, as set out in Table 2-4.67, Required Demonstration of Need for Helistop.

                                               TABLE 2-4.67
                                 REQUIRED DEMONSTRATION OF NEED FOR HELISTOP
District Required Demonstration of Need
        pesticide application or mosquito control, or secure transport to a correctional or rehabilitation facility
        public safety and security, traffic control, mosquito control, or secure transport
        public health (e.g., access to a hospital or trauma center) or secure transport


 C. Spacing.
      1. In general, helistops that are located closer than 48 feet to ground level shall be spaced:
            a. At least 500 feet (horizontal distance) from single-family detached and single-family
               attached residential uses and all types of schools.
            b. At least 300 feet (horizontal distance) from multifamily uses.
      2. Helistops that are anticipated to conduct more than two flight operations per day shall add
         100 feet to each of the spacing requirements set out in subsection C.1., above.
 D. Design. Helistops shall be designed according the applicable design standards set out in U.S.
    Department of Transportation Advisory Circular No. 150/5390-2B, dated September 30, 2004,
    as may be amended or supplemented from time to time.

Sec. 2-4.68 Parking and Multimodal Transit Facilities
 A. Generally. Parking and multimodal transit facilities are allowed in the AC and CBD districts
    according to the standards of this Section.
 B. AC District.
      1. Parking and multimodal transit facilities are allowed in TOD development; or
      2. Parking and multimodal transit facilities are allowed in other types of development if:
            a. The parking is structured; or
            b. The parking is used as a shared parking lot to provide required off-street parking
               spaces for multiple uses that are located within 300 feet.
      3. Facilities that include transit service shall be located:
            a. At least 150 feet from single-family residential lots; and
            b. To avoid excessive bus traffic on minor residential streets.




DRAFT 3.28.11                                                  63
C. CBD District. Parking and multimodal transit facilities are allowed in the CBD district if:
     1. They existing on the effective date; or
     2. They are structured; or
     3. They are not larger than 30 spaces, and are:
          a. Accessed from alleys; or
          b. Spaced from each other so that there is not more than one parking lot per block.
     4. Facilities that include transit service shall be located:
          a. At least 150 feet from single-family residential lots; and
          b. To avoid excessive bus traffic on minor residential streets.

Sec. 2-4.69 Power Generation, Utility Scale, Fossil Fuel / Combustible
A. Generally. Power generation, utility scale, fossil fuel / combustible is allowed in the IH district
   according to the standards of this Section. State and federal permits are also required.
B. Threshold Criteria. Facilities shall be evaluated to determine the balance of the interest of the
   City of McAllen with the statewide interest in the location, construction, or improvement of
   power generation facilities. The City Commission shall decide the application based on whether
   the balance of the following factors weighs in favor of locating the facility in the City:
     1. The demonstrated need for the facility;
     2. The impact of the City on the City's water supply (quality and quantity);
     3. The availability of (and routing of) transmission lines and easements for transmission lines;
     4. The extent to which the proposed facility is consistent with the Foresight McAllen
        Comprehensive Plan;
     5. Whether the proposed facility would exacerbate a natural hazard;
     6. How the facility will comply with applicable utility engineering standards, including supply
        adequacy, system reliability, and public safety standards;
     7. The relative merit of any reasonably available and economically feasible alternatives
        proposed by the utility or the City;
     8. The impact that the City's action would have on the customers of the utility who reside
        within and without the boundaries of the jurisdiction of the City; and
     9. The safety of residents within and without the boundaries of the City.
C. Performance Criteria. Power generation facilities that are found acceptable to the City
   Commission according to the criteria of subsection B., above, shall be designed and located as
   follows:
     1. The facility shall be spaced at least 1,000 feet from any school, college, university, vo-tect,
        place or public assembly, or dwelling unit; and




                                                    64                                      DRAFT 3.28.11
      2. The facility shall be surrounded by a Type E bufferyard.

Sec. 2-4.70 Power Generation, Utility Scale, Renewable / Noncombustible
Power generation, utility scale, renewable / noncombustible is allowed in the CG and BP districts if
the power is generated by photovoltaic panels that are mounted on nonresidential rooftops and / or
over parking spaces.

Sec. 2-4.71 Power Generation, Small Scale, Renewable / Noncombustible
 A. Generally. Power generation, small scale, renewable / noncombustible is allowed in the RE, RS,
    RG, CS, CG, AC, and CBD districts as provided in this Section.
 B. Grid Connection Required. All small-scale power generation facilities must be grid-connected.
 C. RE, RS, RG, and RU Districts. Small scale power generation using photovoltaic systems is
    allowed in the RE, RS, RG, and RU districts according to the following standards:
      1. Residential Developments.
           a. The use must be located in an area that is:
                i.    10 acres or less in size (which may include up to 10 percent of the area of
                      required open space);
                ii.   Owned by the property owners' association; and
           b. The system must be provided for the benefit of the property owners who are
              members of the association.
      2. Nonresidential Uses. Rooftops, covered walkways, and covered parking spaces on parcels
         used for nonresidential purposes may be used for small scale power generation with
         photovoltaic systems.
 D. CS, CG, and AC Districts. Small scale power generation using photovoltaic systems is allowed in
    the CS, CG, and AC Districts on rooftops, covered walkways, and covered parking spaces.
 E. BP and IL Districts. Small scale power generation using photovoltaic systems is allowed in the
    BP and IL Districts:
      1. On rooftops, covered walkways, and covered parking spaces; and
      2. On ground-mounts, provided that the facility is set back 100 feet from arterial rights-of-
         way or a Type B or higher (more opaque) bufferyard and / or buildings screens the facility
         from arterial rights-of-way.

Sec. 2-4.72 Self Storage
 A. Generally. Self storage is allowed in the CG, BP, AC, and CBD districts according to the standards
    of this Section.
 B. Alternative Designs by District. Self storage facilities in the CG, BP, AC, and CBD districts must
    be designed according to the requirements of subsection C., below, based on the alternatives
    that are allowed by Table 2-4.72, Allowable Alternative Designs for Self Storage.




DRAFT 3.28.11                                      65
                                               TABLE 2-4.72
                               ALLOWABLE ALTERNATIVE DESIGNS FOR SELF STORAGE
                                                                District
Alternative Design
Alternative 1                  Allowed            Not Allowed              Not Allowed      Not Allowed
Alternative 2                  Allowed            Not Allowed              Not Allowed      Not Allowed
Alternative 3                  Allowed              Allowed                 Allowed         Not Allowed
Alternative 4                  Allowed              Allowed                 Allowed           Allowed


 C. Alternative Designs. The following alternative designs may be used as specified in subsection B.,
    above:
       1. Alternative 1.
                a. The self storage use is screened from view from arterial and collector streets by a
                   commercial retail use (which may be a shopping center);
                b. Access to the self storage use is provided across the commercial retail site;
                c. The self storage use is buffered from abutting residential zoning districts by a
                   bufferyard that includes a structure, which may include the back of a self-storage
                   building, provided that it is finished with masonry (see Division 9-3, Bufferyards); and
                d. Chain link fencing, if used, is not visible from any property line. See Figure 2-4.72A,
                   Self-Storage Alternative 1.

                                                FIGURE 2-4.72A
                                          SELF-STORAGE ALTERNATIVE 1




       2. Alternative 2.
                a. The self-storage use is designed and buffered as follows:
                    i.   The self storage use is buffered from streets by a Type C bufferyard that includes
                         a masonry wall;
                   ii.   The self storage use is buffered from abutting residential zones by a bufferyard
                         that includes a structure (see Division 9-3, Bufferyards);
                  iii.   Building facades that are visible from the street are finished with brick, thin
                         brick, stone, or stucco-finished concrete block;




                                                        66                                         DRAFT 3.28.11
              iv.    The units are arranged so that bay doors are not visible from abutting streets or
                     property used for residential purposes, except at points of ingress and egress;
                     and
                v.   Chain link fencing, if used, is not visible from any property line.
           b. Alternative 2 may be used where allowed by subsection B., above, provided that self-
              storage facilities that are designed according to this option are separated from each
              other by a distance of not less than 1,000 feet.
      3. Alternative 3.
           a. The self storage use is designed to resemble an office building in terms of
              architecture, fenestration, building access and materials; and
           b. All self-storage units are accessed from inside of the building.
      4. Alternative 4.
           a. The self storage use is integrated into a commercial or mixed-use building;
           b. All self storage units are accessed from inside of the building; and
           c. Self-storage units are not located on the ground floor of the building.

Sec. 2-4.73 Storage Yard
 A. Generally. Storage yards are allowed in the PR and IL districts according to the standards of this
    Section.
 B. PR District. Storage yards are allowed in the PR district as follows:
      1. The storage yard must be used for public works or public safety purposes.
      2. The storage yard must be buffered on all sides by a Type C bufferyard or a combination of
         berms and walls that block ground-level views from abutting properties and street rights-
         of-way, except at points of ingress and egress.
 C. IL District. Storage yards are allowed in the IL district as follows:
      1. Storage yards shall be screened from the following by a Type C bufferyard that includes a
         masonry wall: arterial streets and limited access highways, or other streets that are also
         district boundaries. Alternatively, the use shall be located at least 200 feet from such
         streets.
      2. Storage yards shall be screened from all other streets by:
           a. A Type B bufferyard that includes a masonry wall; and / or
           b. One or more buildings.
      3. If located along a district boundary and the abutting district does not allow storage yards
         as a permitted use, then the district boundary bufferyard shall include a masonry wall.




DRAFT 3.28.11                                         67
Division 2-5 Wireless Telecommunications Facilities
Division 2-6 Temporary Uses
Sec. 2-6.1 Classification of Temporary Uses
A. Generally. Temporary uses are classified according to the standards of this Section. This section
   does not apply to:
     1. Use of Public Parks or Rights-of-Way. The use of public parks and rights of way is subject to
        the McAllen Municipal Code and not this Division.
     2. Pre-Approved Temporary Uses. Pre-approved temporary uses are subject to the standards
        set out in the site plan approval and not the standards of this Division. Pre-approved
        temporary uses are recurring temporary uses that are approved as accessory uses of a
        development during the site plan approval process. For example, during approval of a
        mixed-use development, a central plaza could be approved for events programming, such
        as weekend farmers' markets. Parking, circulation, and operational issues are considered
        during the approval process.
B. Temporary Special Events. Temporary special events are typically cultural, religious,
   entertainment, or charitable events, but also include temporary sales events that have a short
   duration, such as farmers' markets, outdoor bazaars, and comparable events, which are often
   hosted by noncommercial entities. Temporary special events may be located on property with
   another principal use or on vacant property. There are two classes of temporary special events:
     1. Class A Temporary Special Events. "Class A Temporary Special Events" are:
          a. Temporary special events with an expected peak attendance of 250 people or more,
             which include any of the following:
              i.    Motorized amusement rides;
              ii.   Mega-inflatables that are 16 feet or more in height;
             iii.   Outdoor music, speeches, or performances with amplification that will produce
                    more than 50 dBA of noise level at the property line; or
             iv.    More than five livestock animals.
          b. Events that would otherwise be "Class B Temporary Special Events," but have:
              i.    An expected peak attendance of more than 1,500 people; or
              ii.   Outdoor music, speeches, or performances with amplification after 8:00 PM.
          c. Events that require the closing of streets or traffic controls, such as motion picture
             filming.
     2. Class B Temporary Special Events. "Class B Temporary Special Events" are:
          a. Temporary special events with an expected peak attendance of 250 to 1,500 people,
             which do not include motorized equipment, amplified sounds with material off-site




                                                  68                                     DRAFT 3.28.11
                impacts, or more than five livestock animals. Illustrative Class B temporary special
                events include:
                i.    Farmers' market
                ii.   Outdoor bazaar / auction / flea market
             iii.     Craft fair or art fair
             iv.      Outdoor cultural festival or religious assembly
                v.    Outdoor theater festival
             vi.      Renaissance fair
           b. Staging and parking areas on private property for events within the public right-of-
              way, such as parades, bicycle races, and charity walks or runs.
 C. Temporary Commercial Sales Uses. Temporary commercial sales are outdoor sales of retail and
    seasonal products on a temporary basis. Illustrative temporary commercial sales include
    seasonal holiday sales (e.g., pumpkins and Christmas trees), outdoor sales by a single itinerant
    vendor (e.g., poster or framed art sale, carpet sales), or temporary food and beverage vendors.
      1. Class A Temporary Commercial Sales Uses. "Class A Temporary Commercial Sales Uses"
         are:
           a. Outdoor sales of merchandise by businesses that are located in another permanent
              location in the City of McAllen; and
           b. Outdoor sales of merchandise by itinerant vendors.
      2. Class B Temporary Commercial Sales Uses. "Class B Temporary Commercial Sales Uses" are:
           a. Temporary outdoor sales of merchandise by vendors who own or lease space on the
              site of the sale (such temporary uses may also be pre-approved (see subsection A.2.,
              above)); and
           b. Outdoor sales of seasonal holiday-related merchandise.
      3. Class C Temporary Commercial Sales Uses. "Class C Temporary Commercial Sales Uses" are
         temporary food and beverage vendors.
 D. Temporary Buildings and Temporary Construction Uses. Temporary buildings and temporary
    construction uses are those uses that relate to construction activities or the temporary
    expansion of an existing permanent use into a portable building. There are three classes of
    temporary building and temporary construction use:
      1. Class A Temporary Building / Construction Uses. "Class A Temporary Building /
         Construction Uses" are temporary heavy construction uses, such as batch plants for lime,
         concrete, asphalt, or other materials, or areas for the bulk storage of construction
         materials.




DRAFT 3.28.11                                        69
       2. Class B Temporary Building / Construction Uses. "Class B Temporary Building / Construction
          Uses" are temporary buildings that are used as on construction sites as contractor offices,
          sales offices, security buildings, sanitary facilities, or storage buildings.
       3. Class C Temporary Building / Construction Uses. "Class C Temporary Building / Construction
          Uses" are temporary manufactured buildings that are used to temporarily expand the
          capacity of an existing use, including portable classrooms on school campuses.
 E. Garage Sales. Individual garage sales are subject to Section 86-91, et seq., McAllen Municipal
    Code, and not this MDC.

Sec. 2-6.2 Temporary Public Events
 A. Generally. Temporary public events shall meet the applicable standards in Table 2-6.2,
    Standards for Temporary Special Events. Approval of such uses may be subject to conditions as
    set out in subsection B., below.

                                                  TABLE 2-6.2
                                     STANDARDS FOR TEMPORARY PUBLIC EVENTS
                                                       Class of Temporary Special Event Use
Performance Standard Class A                                                 Class B
Location and General Site Requirements
Locations where event Sites with nonresidential principal uses               Sites with nonresidential or mixed-use principal
is allowed                                                                   uses
General site            The minimum area of a site for a Class A             The minimum area of a site for a Class B
requirements            temporary use is 10 acres However, the event         temporary use, except a staging or parking area
                        shall be located on a site that is large enough to   for a use within the public right-of-way, is 3
                        accommodate the expected attendance in a             acres. However, the event shall be located on a
                        manner that is safe for the site, neighborhood,      site that is large enough to accommodate the
                        street, or other infrastructure.                     expected attendance in a manner that is safe for
                        No site shal be used for a temporary event if it     the site, neighborhood, street, or other
                        does not comply with sight distance                  infrastructure.
                        requirements set out in Section 6-3.12, SIght        No site shall be used for a temporary event if it
                        Distances and Sight Triangles.                       does not comply with sight distance
                                                                             requirements set out in Section 6-3.12, SIght
                                                                             Distances and Sight Triangles.
Frequency and Duration of Event
Frequency and           No site shall host a Class A temporary event         No site shall host a Class B temporary event
duration of event       more than four times per year.                       more than 26 times per year.
                        No Class A temporary event shall have a              No Class A temporary event shall have a
                        duration that is longer than 10 days.                duration that is longer than 3 days; however,
                                                                             one event per year may span a period of not
                                                                             more than 12 days, provided that it is counted
                                                                             as 4 events for the purposes of this standard.




                                                               70                                               DRAFT 3.28.11
                                                     TABLE 2-6.2
                                        STANDARDS FOR TEMPORARY PUBLIC EVENTS
                                                          Class of Temporary Special Event Use
Performance Standard Class A                                                   Class B
Buildings and Structures
Temporary buildings        Temporary buildings shall comply with the           All temporary buildings and structures shall
and structures             height restrictions of the underlying zoning        comply with the height limitations of the
                           district. Temporary structures (e.g., carnival      underlying zoning district.
                           rides and mega-inflatables) that are taller than
                           the height allowed by the underlying zoning
                           district are allowed, provided that they are set
                           back from all property lines a distance of two
                           feet for every foot in height.
Spacing and setbacks       The area used for the temporary event shall be set back the greater of:
                           20 feet or the width of required buffers from all property lines; or
                           30 feet from the back of the curb (or, if no curb is present, the edge of pavement).
Access, Circulation, and Parking
Required access            Arterial street or collector street within 200 feet Arterial or collector street; adequate sight
                           of the intersection with the arterial; adequate     distance pursuant to Section 6-3.12, SIght
                           sight distance pursuant to Section 6-3.12, SIght Distances and Sight Triangles is required.
                           Distances and Sight Triangles is required.
Traffic control            The street from which access is taken must have capacity to serve the event, including acceleration
                           and deceleration lanes or personnel to manage ingress and egress to the site.
Circulation                Safe on-site vehicular and pedestrian circulation shall be provided, including:
                           (1) minimizing vehicular-pedestrian conflicts;
                           (2) providing appropriate directional signage;
                           (3) ensuring efficient access by emergency vehicles; and
                           (4) maintaining full access to permanent uses on-site if they are operating during the temporary
                           event, or emergecy access to permanent uses on site if they are not operating during the
                           temporary event.
Motor vehicle parking      The number of parking spaces available for the      The number of parking spaces available for the
spaces                     temporary use shall be sufficient to meet the       temporary use shall be sufficient to meet the
                           peak demands of the use, based on 2.25 persons      peak demands of the use, based on 2.25 persons
                           per vehicle. If a permanent use of the property     per vehicle. If a permanent use of the property
                           will be in operation during the time that the       will be in operation during the time that the
                           temporary use is present, then parking for the      temporary use is present, then parking for the
                           permanent use shall be provided in compliance       permanent use shall be provided in compliance
                           with Division 7-1, Parking, Loading, and            with Division 7-1, Parking, Loading, and
                           Circulation Standards, unless the City Engineer     Circulation Standards, unless the City Engineer
                           finds a reduction is justified based on different   finds a reduction is justified based on different
                           hours of peak use.                                  hours of peak use or based on likely shared use
                                                                               (i.e., a parking space taken up by a person who
                                                                               visits both the temporary event and the
                                                                               permanent use).




DRAFT 3.28.11                                                     71
                                                   TABLE 2-6.2
                                      STANDARDS FOR TEMPORARY PUBLIC EVENTS
                                                        Class of Temporary Special Event Use
Performance Standard Class A                                                  Class B
Motor vehicle parking    Parking shall be provided on-site or within 300      Parking shall be provided on-site or within 300
design and location      feet of the boundaries of the site, except that      feet of the boundaries of the site, except that
                         parking is not allowed in or within 300 feet of an   parking is not allowed in or within 100 feet of an
                         existing single-family or duplex residential use.    existing single-family or duplex residential use.
                         Parking shall be in striped, hard surfaced spaces,   Generally, parking shall be in striped, hard-
                         either in a parking lot or on-street.                surfaced spaces, either in a parking lot or on-
                                                                              street. However, parking in grass / unpaved
                                                                              parking areas are allowed only if:
                                                                              (1) The applicant has a legal right to use the land
                                                                              proposed for the parking area;
                                                                              (2) The surface is reasonably level and compact;
                                                                              (3) The parking area is located at least 100 feet
                                                                              from abutting residential property lines and 20
                                                                              feet from public rights-of-way;
                                                                              (4) Access to the parking area is not taken
                                                                              directly from collector or arterial streets;
                                                                              (5) Such parking is used for not more than two
                                                                              weeks per year, and not more than four
                                                                              consecutive days at a time; and
                                                                              (6) The applicant provides a guarantee that the
                                                                              parking area will be restored to its pre-event
                                                                              condition after the event.
Bicycle parking spaces   One bicycle parking space shall be provided on-site for each 10 vehicular parking spaces that are
                         required for the event. If a permanent use of the property will be in operation during the time that
                         the temporary use is present, then bicycle parking for the permanent use shall also be provided in
                         compliance with Section 7-1.7, Bicycle Parking.
Bicycle parking space    Bicycle parking shall be provided within 150 feet of an entrance to the temporary event.
location
Truck parking spaces     Truck parking areas shall be provided as necessary to service the event and provide for storage of
                         trucks and trailers that will remain on-site.
Truck parking space      Truck parking spaces shall be hard-surfaced and off-street. Truck parking areas shall be located at
design and location      least 300 feet from lot lines of single-family and duplex uses and at least 150 feet from all other
                         residential uses. Trucks shall be routed away from local residential streets.
Lighting and Signage
Lighting                 All lighting shall be designed to ensure safe     Lighting shall be designed in accordance with
                         operation of the temporary use and safe traffic the requirements of Division 11-2, Outdoor
                         movements on nearby streets. All lighting except Lighting and Glare.
                         decorative lighting shall be shielded from
                         abutting streets and residential buildings that
                         are located within 300 feet. In addition, if the
                         event is located within 1,000 feet of residential
                         uses, then lighting shall be turned off by 10:00
                         PM. These requirements supersede the
                         requirements of Division 11-2, Outdoor Lighting
                         and Glare.




                                                               72                                                 DRAFT 3.28.11
                                                   TABLE 2-6.2
                                      STANDARDS FOR TEMPORARY PUBLIC EVENTS
                                                        Class of Temporary Special Event Use
Performance Standard Class A                                                 Class B
Signage                  Signage shall comply with the requirements of Article 12, Signs.
Operations
Noise controls           Noise shall be controlled so that:                  Noise shall be controlled so that:
                         (1) The noise level at the nearest residential      (1) The noise level at the nearest residential
                         property line does not exceed 50 dBA after          property line does not exceed 50 dBA after
                         10:00 PM;                                           10:00 PM; and
                         (2) The noise level at the property line of the     (2) The noise level at the property line of the
                         temporary use does not exceed 75 dBA for more       temporary use does not exceed 65 dBA at any
                         than two hours per day; and                         time.
                         (3) The noise level at the property line of the     Generators, if used, shall be secured and set
                         temporary use does not exceed 85 dBA at any         back at least 50 feet from all property lines.
                         time.
                         Generators, if used, shall be secured and set
                         back at least 50 feet from all property lines.
Sanitation               Restrooms shall be provided at a rate of one toilet and one urinal per 50 expected attendees
                         (including event staff); trash containers and recycling bins shall be placed in convenient areas
                         including principal places of assembly, near food and beverage vendors, near restrooms, and at
                         entry and exit points. A recycling bin shall be placed next to each trash container. All litter
                         generated by the event shall be removed at no expense to the City. Litter cleanup shall extend into
                         adjoining public rights-of-way.
Security                 The applicant shall demonstrate that adequate security is provided for the proposed temporary
                         use.
Insurance / Site Restoration
Insurance                A Certificate of Insurance shall be provided to     A Certificate of Insurance shall be provided to
                         the City demonstrating that the applicant has a     the City demonstrating that the applicant has a
                         commercial general liability insurance policy,      commercial general liability insurance policy,
                         written on an occurrence basis for bodily injury,   written on an occurrence basis for bodily injury,
                         personal injury, property damage and product        personal injury, property damage and product
                         liability, with a minimum limit of liability of     liability, with a minimum limit of liability of
                         $1,000,000 per occurrence and with a                $1,000,000 per occurrence and with a
                         $2,000,000 aggregate. The event producer must       $2,000,000 aggregate. Additional endorsements
                         list the City of McAllen as additional insured.     may be required for events with alcoholic
                         Additional endorsements may be required for         beverages.
                         events with amusement rides or alcoholic
                         beverages.
Site restoration /       The site of the temporary event and the abutting right-of-way shall be cleared of all litter and
cleanup                  debris from the event, including temporary signage, not more than two days after the last day of
                         the event.


 B. Conditions of Approval. Additional conditions may be imposed if deemed necessary to ensure
    land use compatibility or minimize potential adverse impacts on neighboring properties, public
    streets, or the City. These may include, but are not limited to, the following:




DRAFT 3.28.11                                                  73
       1. Modification or restrictions on hours of operation or duration of the event.
       2. Arrangements satisfactory to the City for the provision of special or extraordinary services
          or equipment, such as traffic control or security personnel, or equipment that is needed to
          ensure safe operation of the use or event. This may also include liability insurance.
       3. The City may refuse to issue a permit if the proposed event is too large to be safely
          conducted at the proposed site.

Sec. 2-6.3 Temporary Commercial Events
 A. Generally. Temporary commercial events are subject to the standards of this Section.

                                                  TABLE 2-6.3
                                  STANDARDS FOR TEMPORARY COMMERCIAL EVENTS
                                                      Class of Temporary Commercial Sales Use
Performance Standard         Class A                        Class B                          Class C
Location and General Site Requirements
Locations where event is     Class A temporary              Seasonal holiday-related sales   Class C temporary
allowed                      commercial sales are allowed   are allowed on all parcels       commercial sales are allowed
                             only in the CG, AC, CBD, and   developed with                   only in the CG, AC, CBD, BP,
                             BP zoning districts.           nonresidential uses that meet    IL, and IH zoning districts.
                                                            the requirements of this
                                                            table. Other Class B
                                                            temporary commercial sales
                                                            are allowed only in the CG,
                                                            AC, and CBD zoning districts.
General site requirements    No site shall be used for a temporary commercial sale if it does not comply with sight
                             distance requirements set out in Section 6-3.12, Sight Distances and Sight Triangles.
Frequency and Duration of Event
Frequency and duration of    30 days per year may be used   60 days per year may be used No restriction on frequency
event                        for Class A temporary          for Class B temporary        and duration
                             commercial sales, but no       commercial sales, but no
                             Class A temporary              Class B temporary
                             commercial sale shall ahve a   commercial sale shall have a
                             duration of more than 10       duration of more than 30
                             days.                          days
Buildings and Structures
Height and design            No temporary building or structure (e.g., tents) shall have a   Temporary buildings shall not
                             height greater than 25 feet. Tents and canopies shall not be    exceed 12 feet in height or
                             used as signs.                                                  100 feet in floor area.
Spacing and setbacks         The area used for the temporary event shall be set back the greater of:
                             15 feet or the width of required buffers from all property lines; or
                             25 feet from the back of the curb (or, if no curb is present, the edge of pavement)..
                             Temporary buildings and structures shall be set back according to the requirements for
                             buildings in the underlying zoning district. Temporary buildings and structures shall be
                             spaced from permanent buildings by at least 10 feet.




                                                            74                                              DRAFT 3.28.11
                                                   TABLE 2-6.3
                                   STANDARDS FOR TEMPORARY COMMERCIAL EVENTS
Access, Circulation, and Parking
Required access                Access shall be from a          Access shall be from a         No restriction
                               collector or arterial street    collector or arterial street,
                                                               except that access to
                                                               seasonal holiday-related sales
                                                               may also be from a minor
                                                               street
Traffic control                The street from which access is taken must have capacity to serve the event, including
                               acceleration and deceleration lanes or personnel to manage ingress and egress to the site.
Circulation                    Safe on-site vehicular and pedestrian circulation shall be provided, including:
                               (1) minimizing vehicular-pedestrian conflicts;
                               (2) providing appropriate directional signage;
                               (3) ensuring efficient access by emergency vehicles; and
                               (4) maintaining full access to permanent uses on-site if they are operating during the
                               temporary event, or emergency access to permanent uses on site if they are not operating
                               during the temporary event.
Motor vehicle parking spaces 4 parking spaces shall be         Parking for the permanent      Additional parking spaces are
                             provided for each 1,000 sf. of    uses of the site shall conform not required.
                             area allocated to the             to the requirements of this
                             temporary commercial sales        MDC. The proposed Class B
                             use. Class A temporary sales      temporary commercial sales
                             uses shall not be allowed if      use shall not occupy or block
                             the available parking does not    parking spaces that are
                             meet the requirements of this     necessary to achieve
                             MDC for the operational           compliance with this
                             permanent uses on the site        requirement.
                             plus the proposed temporary
                             commercial sales use.
Motor vehicle parking design All parking shall be provided on-site.
                                                                                                Not applicable.
and location
Operations
Noise controls                 Noise shall be controlled so that the noise level at the nearest residential property line does
                               not exceed 50 dBA after 9:00 PM
Sanitation                     Employees of the use shall have access to sanitary facilities.   Restrooms shall be provided
                                                                                                on-site for employees and
                                                                                                customers (this may be by
                                                                                                agreement with the owner of
                                                                                                the principal use). Waste
                                                                                                containers shall be provided
                                                                                                for customers.
Security                       The applicant shall demonstrate that adequate security is provided for the proposed
                               temporary use.




DRAFT 3.28.11                                                  75
                                                  TABLE 2-6.3
                                  STANDARDS FOR TEMPORARY COMMERCIAL EVENTS
Site Restoration / Cleanup
Site restoration / cleanup     The site of the temporary event and the abutting right-of-      Food wastes, including
                               way shall be cleared of all litter and debris from the event,   grease, shall be disposed of
                               including temporary signage, not more than two days after       properly (disposal on the
                               the last day of the event.                                      ground or into storm drains is
                                                                                               prohibited).


 B. Licensing. Vendors may be subject to licensing requirements in the McAllen Municipal Code.

Sec. 2-6.4 Temporary Buildings and Temporary Construction Uses.
 A. Generally. Temporary buildings and temporary construction uses include temporary asphalt or
    concrete plants; manufactured buildings; model homes, and on-site real estate sales offices;.
 B. Location and Operations. The location, hours of use, operational limitations, and duration of
    temporary buildings and temporary construction uses are set out in Table 2-6.4, Temporary
    Buildings and Temporary Construction Uses.

                                                  TABLE 2-6.4
                             TEMPORARY BUILDINGS AND TEMPORARY CONSTRUCTION USES
                                                                            Operational
Temporary Use            Location of Use          Hours of Use                                       Duration of Use
                                                                            Limitations
Manufactured Buildings, Model Homes, and On-Site Real Estate Offices
Manufactured Buildings On lot or parcel          Not limited. However,      May be used by           No limit for public
                       proposed for              building may not be        construction             schools; construction-
                       development, set back used as a residence.           superintendent,          related facilities shall
                       at least 10 feet from all                            construction workers,    be removed prior to
                       property lines                                       contractors, and other   certificate of occupancy
                                                                            personnel on a           for last building; other
                                                                            construction team; a     buildings shall be
                                                                            security office; or as   removed within 2 years
                                                                            temporary office or      from date of permit
                                                                            classroom space for
                                                                            public schools.
Model Homes and On- On lot or parcel                                        Sales limited to units   On-site real estate
Site Real Estate Offices proposed for                                       located on the lot or    offices shall be
                         development                                        parcel proposed for      removed upon
                                                                            development; sales       completion of model
                                                                            offices within model     home or suitable
                                                              -             homes shall meet         permanent floor area
                                                                            applicable building      on-site; must be
                                                                            code criteria            removed by issuance of
                                                                                                     last certificate of
                                                                                                     occupancy for
                                                                                                     development




                                                                  76                                           DRAFT 3.28.11
                                               TABLE 2-6.4
                          TEMPORARY BUILDINGS AND TEMPORARY CONSTRUCTION USES
                                                                         Operational
Temporary Use          Location of Use          Hours of Use                                        Duration of Use
                                                                         Limitations
Other Construction-Related Uses
Concrete, Mortar and   At least 500 feet from   8:00 AM to 8:00 PM if    The facility shall be      Established by approval
Asphalt Batching       residential district     any residential use is   used only for a project    to coincide with the
Operations             boundaries or            located within 1,000     within the City of         use of the facility for a
                       properties that are      feet; 6:00 AM to 10:00   McAllen or its ETJ         specified construction
                       used for residential     PM in all other                                     project
                       purposes                 locations
Temporary              Within 1/2 mile of the   8:00 AM to 8:00 PM if    The facility shall be      Established by
Construction Yard      construction to which    any residential use is   used only for a            approval; to coincide
                       the construction yard    located within 1,000     construction site in the   with the use of the
                       relates                  feet; 6:00 AM to 10:00   City of McAllen or its     facility for a specified
                                                PM in all other          ETJ; or an                 construction project
                                                locations                infrastructure project
                                                                         that is wholly or
                                                                         partially located in the
                                                                         City of McAllen or its
                                                                         ETJ


 C. Setbacks.
       1. Manufactured Buildings, Model Homes, and On-Site Real Estate Offices. Temporary
          manufactured buildings shall be set back according to the requirements of the underlying
          zoning district. Alternative locations for administrative and security offices on construction
          sites may be approved as part of a construction staging plan if there is no feasible
          alternative location that complies with the required setbacks.
       2. Other Construction-Related Uses. Other construction-related uses that are set out in Table
          2-6.4, Temporary Buildings and Temporary Construction Uses, shall be set back at least 40
          feet from the right-of-way line and 25 feet from all other property lines.
 D. Sanitary Facilities. Restroom facilities shall be provided for operators of concrete, mortar, and
    asphalt batching operations and for users of manufactured buildings (except when used
    exclusively for storage), model homes, and on-site real estate offices.
 E. Additional Standards Applicable to Concrete, Mortar, and Asphalt Batching Operations. The
    City Engineer shall review all applications for concrete, mortar, and asphalt batching operations
    for compliance with the following standards and shall make a recommendation to the Director.
       1. Surety. The applicant shall provide a written agreement and advance surety in the amount
          of 125 percent of the estimated site restoration cost to ensure complete site restoration
          upon the facility's dismantling or revocation of the permit, plus the estimated road
          restoration/replacement costs along anticipated principal truck routes. This amount shall
          be approved by the City Engineer.




DRAFT 3.28.11                                               77
     2. Access. If deemed necessary by the City Engineer, the property access shall be controlled
        by special traffic markings and/or signalization at the applicant's expense. Instances
        warranting such traffic improvements may include locations at busy intersections or other
        areas where interference with primary traffic from trucks would be extensive.
     3. Power and Lighting. All electric and lighting facilities are subject to review and approval by
        the City Engineer.
F. Extension of Approvals. Approvals may be extended upon demonstration of good cause,
   appropriate maintenance, extension of any surety, and diligent pursuit of the purposes for
   which the temporary construction or storage uses were established. All applications for renewal
   of a temporary use permit issued pursuant to this Section shall be submitted to the Director at
   least ten working days before the expiration date of the permit.

Division 2-7 Airport Overlay District Limitations
Sec. 2-7.1 Interpretation and Disclaimer
A. Lots Within More Than One Restricted Area. In the event a lot is located within more than one
   airport hazard zone or airport compatibility zone, the entire lot shall be subject to the
   restrictions of the zone which most restricts development of the lot. This provision shall not be
   applied to prevent or discourage subdivision of a parcel or lot to minimize encroachment into
   restricted zones or to prevent straddling the boundary between restricted zones.
B. Disclaimer. The degree of protection provided by this Division is considered reasonable for
   regulatory purposes and is based on planning, engineering and scientific methods of study, and
   in coordination with aviation and defense agencies. This Division does not imply that areas
   outside of the Airport Hazard Zones or Airport Compatibility Zones will be totally free from
   aircraft hazards or noise, and, therefore, shall not create a liability on the part of the City of
   McAllen, or any of its officers or employees, for any damages resulting from reliance on this
   Division.

Sec. 2-7.2 Avigation Easement Required
A. Generally. The regulations of this Section apply to all land within the Airport Overlay District.
B. Avigation Easement Required. All development approvals within Airport Overlay District shall
   be conditioned upon the grant of an avigation easement over the parcel proposed for
   development. The easement shall:
     1. Be in a form approved by the City Commission;
     2. Permit flight operations above the parcel proposed for development;
     3. Release the aircraft operator, the airport owner and operators, and the City from liability
        or responsibility for the effects of their flight operations;
     4. Run with the land with a perpetual term, and may be released by the City Manager only
        upon the permanent cessation of operations of the McAllen Miller International Airport;




                                                   78                                       DRAFT 3.28.11
       5. Include language stating that, where applicable, noise mitigation construction techniques
          are required to mitigate the noise to which the property is exposed; and
       6. Be recorded in the public records of Hidalgo County.

Sec. 2-7.3 Airport Hazard Zones
 A. Generally. Within the Airport Hazard Zones of the Airport Overlay District, the limitations of this
    Section apply.
 B. Height Limitations. No structure or tree shall be erected, altered, allowed to grow, or
    maintained in any Airport Hazard Zone to a height in excess of the height limitation set out in
    Table 2-7.3, Airport Hazard Zone Height Limitations.

                                                   TABLE 2-7.3
                                      AIRPORT HAZARD ZONE HEIGHT LIMITATIONS
                          Elevation of        Point of Measurement Distance from POM            Height Limitation
Airport Hazard Zone
                          Measurement ("EOM") ("POM")              (Horizontal)                 (Above EOM)
Approach Hazard Zones

                                                Point at which the                              1 ft. height per 50 ft.
                                                extension of the        0 ft. to 10,000 ft.     horizontal distance
                                                instrument runway                               from POM.
Instrument Approach       Elevation of runway
                                                centerline intersects                           200 ft., plus 1 ft. height
Zone                      centerline
                                                with the nearest edge   More than 10,000 ft.,   per 40 ft. horizontal
                                                of the Instrument       to 50,000 ft.           distance beyond 10,000
                                                Approach Zone.                                  ft. from POM.
                                                Point at which the                              1 ft. height per 20 ft.
                                                extension of the      0 ft. to 10,000 ft.       horizontal distance
                                                noninstrument runway                            from POM.
Noninstrument             Elevation of runway
                                                centerline intersects
Approach Zones            centerline
                                                with the nearest edge                           No airport hazard zone
                                                of the Noninstrument More than 10,000 ft.       limitation.
                                                Approach Zone.
Transition Hazard Zones
                                                Edge of transition zone
                                                closest to runway;
Transition Zones along                          measured                                        1 ft. height per 7 ft.
                       Elevation of runway
Noninstrument                                   perpendicular to and    Any                     horizontal distance
                       centerline
Runways                                         outward from said                               from POM.
                                                edge along a horizontal
                                                plane.
                                                Edge of transition zone                         1 ft. height per 7 ft.
                                                closest to runway;      0 ft. to 1,050 ft.      horizontal distance
                                                measured                                        from POM.
Transition Zones along Elevation of runway
                                                perpendicular to and
Instrument Runways     centerline
                                                outward from said                               No airport hazard zone
                                                edge along a horizontal More than 1,050 ft.     limitation.
                                                plane.




DRAFT 3.28.11                                              79
                                                   TABLE 2-7.3
                                      AIRPORT HAZARD ZONE HEIGHT LIMITATIONS
                        Elevation of        Point of Measurement Distance from POM     Height Limitation
Airport Hazard Zone
                        Measurement ("EOM") ("POM")              (Horizontal)          (Above EOM)
                                                The edges of all
                                                approach zones for the
                                                entire length of the
                       Elevation of approach    approach zones, and                    1 ft. height per 7 ft.
Transition Zones along
                       zone at point of         extending upward and Any               horizontal distance
Approach Zones
                       measurement              outward to the points                  from POM.
                                                where they intersect
                                                the horizontal or
                                                conical surfaces.
Transition Zone where
Instrument Approach
Zone Projects through   TBD                     TBD                  TBD               TBD
and Beyond Conical
Zone
Horizontal and Conical Hazard Zones
                        Airport elevation
Horizontal Zone         (107 ft. above mean     NA                   NA                150 ft.
                        sea level)
                                                                                       1 ft. height per 20 ft.
                        150 ft. above airport   Edge of Horizontal
Conical Zone                                                         Up to 7,000 ft.   horizontal distance
                        elevation               Zone
                                                                                       from POM.



 C. Use and Operational Restrictions. No use may be established or operated on land within any
    airport hazard zone in such a manner as to:
       1. Create electrical interference with radio communication between the airport and aircraft;
       2. Make it difficult for flyers to distinguish between airport lights and others;
       3. Result in glare in the eyes of flyers using the airport;
       4. Impair visibility in the vicinity of the airport; or
       5. Otherwise endanger the landing, taking off, or maneuvering of aircraft.

Sec. 2-7.4 Airport Compatibility Zones
 A. Compliance with Federal Regulations. All features of property within the Airport Overlay
    District shall comply with the requirements of 14 C.F.R. Part 77 (“FAR Part 77”). The City shall
    require a study establishing compliance at time of rezoning request, and may also require a
    similar study at the time of application for development approval. The City’s standard note
    requiring compliance with FAR Part 77 criteria shall be required on all recorded development
    approvals. Where structures are allowed, the maximum height must comply with the minimum
    requirements of FAR Part 77 in effect at the time of permit issuance.




                                                            80                                    DRAFT 3.28.11
 B. Requirements Within Noise Contour Zones.
      1. 75 DNL Noise Zone. Property shall not be zoned, platted or approved to allow residential or
         other noise sensitive uses, and building permits shall not be issued for residential or other
         noise sensitive development.
      2. 65 DNL Noise Zone. Property shall not be zoned, platted or approved to allow residential
         uses, and building permits shall not be issued for residential development. All other noise
         sensitive uses may be allowed when constructed in compliance with City noise mitigation
         construction requirements to achieve an expected interior noise level of no greater than
         45 DNL in this exposure area.
 C. Construction Requirements. Buildings that are required to be constructed in accordance with
    City noise mitigation construction techniques shall comply with applicable building code
    requirements for noise mitigation construction, and shall include a central air conditioning and
    ventilation system, sufficient to enable occupancy of the building without the need for
    ventilation from open windows or doors.

Sec. 2-7.5 Required Disclosures and Annotations
 A. Generally. The requirements of this Section apply in all cases where noise mitigation
    construction is required by the Airport Overlay District regulations of this Division.
 B. Required Annotations on Applications for Development Approval. Applications for
    development approval within the Airport Overlay District shall depict the boundaries of the
    Airport Overlay District and all airport hazard zones and airport compatibility zones on or in the
    vicinity of the parcel proposed for development.
 C. Required Annotations on Development Approvals.
      1. Generally. A specific note indicating the recording information for the avigation easement
         required by Section 2-7.2, Avigation Easement Required, shall be required on all
         development approvals.
      2. Site Plans and Plats. A note in a form approved by the City Attorney shall be included on
         each site plan and each plat that is subject to this Division, which discloses the existence of
         the noise mitigation construction technique requirement and states the applicant’s and
         the applicant’s successors in interest consent to the requirements and to the City’s
         enforcement of the requirements.
      3. Additional Requirements. The City may also require any of the following annotations or
         disclosures on site plans or plats:
           a. Excerpts of the regulations of this Division (transcribed or summarized);
           b. Noise disclosure text; or
           c. Other notes that are intended to ensure full and adequate disclosure of the hazards
              and the development conditions applicable to the parcel proposed for development.




DRAFT 3.28.11                                       81
D. Additional Required Disclosures.
    1. For all residential dwelling units to be constructed within an Airport Overlay District, the
       applicant shall disclose in writing to all prospective purchasers, on a form approved by the
       City Attorney, that the real estate is located within an area that will be impacted by low-
       flying aircraft and / or aircraft noise. The notices shall include language stating that, where
       applicable, noise mitigation construction techniques are required to mitigate the noise to
       which the property is exposed.
    2. Such notification will be accomplished by inclusion of the information in all sales contracts
       and brochures, conspicuous display in the sales offices, inclusion in the homeowners
       association documents, and by inclusion on all site plans and plats, as set out in subsection
       C., above.




                                                  82                                      DRAFT 3.28.11
Article 3 Neighborhood Conservation and Neighborhood
Transition
Division 3-1 Purpose and Application of Article
Sec. 3-1.1 Purpose of Article
The purpose of this Article is to:
      1. Establish general development standards for residential lots in the NC and NT districts,
         which apply to development of vacant lots, redevelopment of existing buildings, or
         expansion of existing buildings; and
      2. Establish alternative development standards for residential lots in the NC and NT districts,
         which apply to expansion or reconfiguration of existing buildings when the expansion or
         reconfiguration would not comply with the general development standards.

Sec. 3-1.2 Application of Article
 A. Generally. This Article applies to development within the NC or NT district.
 B. General and Alternative Standards.
      1. New development, redevelopment, and building modifications or expansions that comply
         with general standards of Section 3-2.1, General Development Standards, for the
         applicable NC or NT subdistrict are allowed in that subdistrict.
      2. If a proposed building modification or expansion does not comply with the general
         standards, then the application shall be evaluated according to the alternative setback
         standards of Section 3-2.2, Alternative Setback Standards, or the alternative height
         standards of Section 3-2.3, Alternative Height Standards, or the alternative building
         coverage and impervious surface ratio standards of Section 3-2.4, Alternative Building
         Coverage and Impervious Surface Standards.
      3. New development and redevelopment may be allowed to use alternative setbacks
         according to the conditions on the street with respect to the setback of other buildings.
         See Section 3-2.2, Alternative Setback Standards.

Division 3-2 Development Standards
Sec. 3-2.1 General Development Standards
 A. Generally. The standards of this Section are applied as a matter of right in the Neighborhood
    Conservation and Neighborhood Transition districts. If an application does not comply with
    these standards, then the parts of the application that do not comply (e.g., setbacks) are
    evaluated according to the alternative development standards that are available in other
    sections of this Division.




DRAFT 3.28.11                                      83
    B. Lot and Building Standards. The setback, building height, and building coverage ratio standards
       for the NC and NT districts / subdistricts are set out in Table 3-2.1, General Lot and Building
       Standards. Where different setback standards are specifically shown on the most current
       approved, recorded final plat, then standards that are specifically shown on the plat shall
       supersede the corresponding setback standards in Table 3-2.1, General Lot and Building
       Standards.

                                                    TABLE 3-2.1
                                        GENERAL LOT AND BUILDING STANDARDS
                                                Min.                                                  Max.
                                                                                                     Building    Impervious
District and                    Interior Side       Street Side                       Building       Coverage      Surface
Subdistrict       Front Setback   Setback            Setback           Rear Setback    Height          Ratio        Ratio


E                      25 ft.          10 ft.          15 ft.             15 ft.       26 ft.           30%         50%
S                      25 ft.           5 ft.           8 ft.             15 ft.       26 ft.           35%         60%
A                      20 ft.           5 ft.           8 ft.             20 ft.       26 ft.           40%         65%
                               1
MH                     8 ft.            5 ft.           5 ft.              5 ft.       26 ft.           NA          75%


E                      20 ft.          10 ft.          10 ft.             15 ft.       30 ft.           40%         60%
S                      20 ft.           5 ft.           8 ft.             15 ft.       30 ft.           45%         70%
A                      20 ft.           5 ft.           8 ft.             10 ft.       30 ft.           50%         70%
TABLE NOTE:
1
  A greater front setback may be required on a portion of the lot in order to provide for required parking.


Sec. 3-2.2 Alternative Setback Standards
    A. Generally. This Section applies only to modifications to existing buildings, where the proposed
       modification involves encroachment into a setback that is required by Section 3-2.1, General
       Development Standards. Any specific setback (i.e., front, interior side, street side, and / or rear)
       that complies with Section 3-2.1, General Development Standards, is not subject to further
       review under this Section. This Section does not provide alternatives to building cover,
       impervious surface ratio, or height limitations.
    B. Relationship to Variances. Compliance with the standards of this Section is equivalent to
       compliance with the standards of Section 3-2.1, General Development Standards, and approvals
       hereunder are not considered variances. Variances shall not be granted to allow encroachments
       if the encroachments could be permitted pursuant to the standards of this Section.
    C. Relationship to Easements and Rights-of-Way. The standards of this Section shall not be
       construed to authorize construction of buildings or portions of buildings in utility or drainage
       easements or public rights-of-way.
    D. Alternative Front Setbacks. The following standards may be applied to front setbacks as an
       alternative to the front setback standards in Section 3-2.1, General Development Standards:




                                                                  84                                            DRAFT 3.28.11
        1. Enclosure of Front Porches or Building Cladding Upgrade. Front setbacks may be reduced
           by up to one foot from their existing condition (but may not be reduced to less than 6 feet
           from a property line) in order to allow for:
              a. The enclosure of an existing front porch, except a front porch constructed pursuant
                 to subsection D.4., below; or
              b. The upgrade of building cladding from siding to brick, stone, or stucco. See Figure 3-
                 2.2A, Illustrative Alternative Setback for Building Cladding Upgrade.

                                                   FIGURE 3-2.2A
                         ILLUSTRATIVE ALTERNATIVE SETBACK FOR BUILDING CLADDING UPGRADE




        2. Front Setback Averaging. Front setbacks may be reduced to the average front setback
           along the same side of the same street segment in the same zoning district, provided that:
              a. The lot proposed for development is not counted in the calculation; and
              b. If the lot takes vehicular access from the front, the driveway must be at least:
                   i.     25 feet long, measured from the property line at the right-of-way to a building
                          wall or garage door; and
                   ii.    The width of the garage door(s) (but not more than 18 feet in width); or if there
                          is no garage door, 9 feet in width. See Figure 3-2.2B, Illustrative Front Setback
                          Averaging.

                                                     FIGURE 3-2.2B
                                         ILLUSTRATIVE FRONT SETBACK AVERAGING
                                                        TO BE PROVIDED
In the illustration above, the general setback, labeled "G," is 20 feet. However, the average setback of all other lots on the
same side of the street segment is 14 ft. ((10 + 15 + 10 + 25 + 10) / 5 = 14), which is labeled as "A." If the building on the lot
proposed for development meets the vehicular access requirements of a 9 ft. x 22 ft. driveway, the front setback may be
reduced to 14 feet.




DRAFT 3.28.11                                                     85
       3. Solar Protection. Front setbacks may be reduced in order to allow for additional overhangs
          for solar protection, as follows:
              a. The overhang is used for shading windows and / or doors into living areas on the east,
                 west, or south side of the building that are not shaded in other ways from June 15 to
                 September 15 (e.g., by other buildings, awnings, or mature trees);
              b. Compliance with Section 3-2.1, General Development Standards, would leave more
                 than 15 percent of the window area on a front facade that faces generally east, west,
                 or south exposed to direct sun between the hours of 9:30 AM and 3:30 PM for more
                 than 3 weeks during summer months;
              c. The setback reduction for increased overhang distance is the least of the following:
                  i.     6 feet;
                  ii.    The minimum distance that is necessary to completely shade the windows
                         between the hours of 9:30 AM and 3:30 PM on the day of the summer solstice;
                         or
                 iii.    The distance that would reach any point on the lot that is 8 feet from the front
                         property line;
              d. The overhang does not extend from the roof of a gabled end that faces the street
                 (however, a shed or hipped roof structure may be extended from the face of the
                 gable); nad
              e. Not more than 36 sf. of area under the overhang may enclosed with a screened
                 enclosure for use as a front porch; no other area under the overhang may be
                 enclosed.

                                                    FIGURE 3-2.2C
                                       ILLUSTRATIVE SOLAR PROTECTION SETBACK




In the illustration above, the both homes have a gable-end roof that faces West. The windows and doors on the front of the
house on the left side are exposed to full sun at 3:30 PM on the summer solstice, as shown in the illustration. The home on
the right side is the same design and orientation, but has an added 6 ft. hipped roof-style overhang extending from the face
of the gable end. The overhang provides nearly full shade to the windows at 3:30 PM on the summer solstice.




                                                              86                                              DRAFT 3.28.11
     4. Addition of Front Porch. Front setbacks may be reduced by up to 6 feet from the standards
        set out in Section 3-2.1, General Development Standards, in order to allow for the
        construction of a front porch, provided that:
          a. The front door of the existing buidling is not protected from the elements;
          b. The added front porch would not be located closer than 10 feet to the front property
             line;
          c. The area of the front porch (including areas under roof overhangs) that is in the
             reduced setback area is not more than 60 sf.; and
          d. The porch may be enclosed with a screened enclosure, but shall not be fully enclosed
             with walls and windows).
     5. Alley-Accessed Lots. Front setbacks may be reduced by 12 feet from the standards set out
        in Section 3-2.1, General Development Standards, if the lot takes vehicular access from an
        alley and not across the front property line.
     6. Garage Behind Principal Building. Front setbacks may be reduced by 8 feet from the
        standards set out in Section 3-2.1, General Development Standards, if:
          a. The garage is detached, located at least 25 feet behind the front building line, and
             served by a driveway that is not more than 10 feet wide on the street side of the
             principal building; or
          b. The garage is attached, but the garage door is angled 45 to 180 degrees away from
             the street and is set back at least 20 feet behind the front building line
     7. Side-Loaded Garage on Wide Lot. Front setbacks may be reduced by 10 feet from the
        standards set out in Section 3-2.1, General Development Standards, if:
          a. The lot is at least 85 feet wide and takes vehicular access from the front;
          b. The reduced setback is applied only to a side-loaded garage;
          c. The construction of the side-loaded garage would not cause more than two buildings
             in a row to have a side-loaded garage that faces the same direction;
          d. At least two trees (small or evergreen) are planted between the side-loaded garage
             and the street; and
          e. The portion of the side-loaded garage that faces the street shall include at least one
             window that is of the same style and proportion as windows used on the front
             building facade.
 F. Alternative Street Side Setbacks. The following standards may be applied to street side
    setbacks as an alternative to the street side setback standards in Section 3-2.1, General
    Development Standards.
     4. Building Cladding Upgrade. Street side setbacks may be reduced by up to one foot from
        their existing condition (but may not be reduced to less than 4 feet from a property line) in
        order to allow for the upgrade of building cladding from siding to brick, stone, or stucco.




DRAFT 3.28.11                                     87
5. Wide Planting Strip. The street side setback may be reduced by up to 2.5 feet from the
   standards set out in Section 3-2.1, General Development Standards, if:
     a. There is an existing sidewalk along the side street that is at least 4 feet wide;
     b. A planting strip is located within the public right-of-way between the edge of the
        sidewalk and the property line;
     c. The planting strip is at least 5 feet wide along the portion of the property that would
        be affected by the setback reduction; and
     d. The street is classified as a local residential street and there are no plans for
        expansion of the paved width of the street. See Figure 3-2.2, Illustrative Setback
        Reduction for Wide Planting Strips and Permanent Open Spaces (right side of Figure).

                                     FIGURE 3-2.2D
  ILLUSTRATIVE SETBACK REDUCTION FOR WIDE PLANTING STRIPS AND PERMANENT OPEN SPACES




3. Subdivision Fencing Along Arterial or Collector. The street side setback may be reduced to
   5 feet if:
     a. The street side yard abuts a bufferyard that screens the development from an arterial
        or collector street;
     b. The bufferyard includes an opaque fence that complies with the standards of Section
        5-3.1, Fences and Garden Walls, with respect to the continuity of subdivision fencing,
        separates the side yard from the street;
     c. There is at least 4 feet of clearance between the building wall of the dwelling unit and
        the fence at all points;
     d. The setback reduction applies to not more than 40 percent of the length of the side
        building wall of the dwelling unit; and
     e. The portion of the building to which the reduced setback applies is not more than one
        story in height.




                                              88                                       DRAFT 3.28.11
 G. Alternative Interior Side Setbacks. The following standards may be applied to interior side
    setbacks as an alternative to the interior side setback standards in Section 3-2.1, General
    Development Standards.
     3. Building Cladding Upgrade. Interior side setbacks may be reduced by up to one foot from
        their existing condition (but may not be reduced to less than 4 feet from a property line) in
        order to allow for the upgrade of building cladding from siding to brick, stone, or stucco.
     4. Abutting Permanent Open Space. Interior side setbacks may be reduced to 3 feet along lot
        lines that abut tracts that are designated as permanent open space or utility easements,
        provided that the tracts are at least 50 feet wide along the entire length of the lot line. See
        Figure 3-2.2, Illustrative Setback Reduction for Wide Planting Strips and Permanent Open
        Spaces (above, on left side of Figure).
 H. Alternative Rear Setbacks. The following standards may be applied to rear setbacks as an
    alternative to the rear setback standards in Section 3-2.1, General Development Standards.
     0. Building Cladding Upgrade. Rear setbacks may be reduced by up to one foot from their
        existing condition (but may not be reduced to less than 4 feet from a property line) in
        order to allow for the upgrade of building cladding from siding to brick, stone, or stucco.
     1. Abutting Permanent Open Space. Rear setbacks that abut lots or parcels that are
        designated as permanent open space that is at least 50 feet wide along the distance of the
        lot proposed for development may be reduced to 3 feet. See Figure 3-2.2, Illustrative
        Setback Reduction for Wide Planting Strips and Permanent Open Spaces (above, on left
        side of Figure).
     2. Subdivision Fencing Along Arterial or Collector. The rear setback may be reduced to 10 feet
        if:
          a. The rear setback required by Section 3-2.1, General Development Standards, is more
             than 10 feet;
          b. The rear yard abuts the right-of-way for an arterial or collector street;
          c. An opaque fence that complies with the standards of Section 5-3.1, Fences and
             Garden Walls, with respect to the continuity of subdivision fencing, separates the rear
             yard from the street;
          d. The setback reduction applies to not more than 40 percent of the length of the rear
             building wall of the dwelling unit; and
          e. The portion of the building to which the reduced setback applies is not more than one
             story in height.

Sec. 3-2.3 Alternative Height Standards
 A. Generally.
     1. This Section applies only to modifications to existing buildings, where the proposed
        modification involves more height than is allowed by Section 3-2.1, General Development




DRAFT 3.28.11                                      89
         Standards. New buildings and buildings that comply with Section 3-2.1, General
         Development Standards, are not subject to further review under this Section.
     2. This Section does not provide alternatives to building cover, impervious surface ratio, or
        setback limitations.
     3. This Section provides opportunities for increased building height that are in addition to
        those set out as exceptions to the measurement of height in Section 15-1.3, Building and
        Structure Height. However, the height exception for architectural towers, steeples,
        cupolas, and widows' walks shall not be applied to areas of the building to which the
        standards of this Section are applied.
B. Increase in Height. Height in the NCE district may be increased to 35 feet, if it is demonstrated
   that:
     1. The increase in height applies to an area of the building with a distinct roof structure;
     2. The roof structure affected is not more than 25 percent of the area covered by the entire
        roof;
     3. No elevation of the building appears as a full three stories; and
     4. The portion of the building that is greater than 26 feet in height is set back at least one
        foot feet from all property lines for each additional foot of building height.

Sec. 3-2.4 Alternative Building Coverage and Impervious Surface Standards
A. Generally. This Section applies only to modifications to existing buildings, where the proposed
   modification involves increases in building coverage ratio or impervious surface ratio compared
   to the limits set out in Section 3-2.1, General Development Standards.
B. Building Coverage Ratio. The City may approve up to five percentage points of additional
   building coverage ratio if it is demonstrated that:
     1. The rate and quantity of stormwater runoff onto abutting properties or rights-of-way is no
        greater than it was before the construction of the additional building area;
     2. The volume of the resulting building is not greater than the volume of a two-story building
        that could be developed at the applicable maximum building coverage, as set out in
        Section 3-2.1, General Development Standards; and
     3. No alternative height standards are applied (see Section 3-2.3, Alternative Height
        Standards).
C. Impervious Surface Ratio. The City may approve up to five percentage points of additional
   impervious surface ratio if it is demonstrated that:
     1. The rate and quantity of stormwater runoff onto abutting properties or rights-of-way is no
        greater than it was before the construction of the additional impervious surface area;
     2. The volume of the building on the lot proposed for development is not greater than the
        volume of a two-story building that could be developed at the applicable maximum
        building coverage, as set out in Section 3-2.1, General Development Standards;




                                                   90                                      DRAFT 3.28.11
     3. The impervious surface ratio does not cause a design impervious surface ratio included
        within an applicable approved drainage report to be exceeded;
     4. The lot is not located within an area of special flood hazard; and
     5. No alternative height standards are applied (see Section 3-2.3, Alternative Height
        Standards).




DRAFT 3.28.11                                     91
Article 4 Development Yield and Lot Standards
Division 4-1 Residential Density, Open Space, and Lot Dimensions
Sec. 4-1.1 Density and Open Space in New Neighborhoods
 A. Generally. The maximum residential density in each residential zoning district, except NC and
    NT districts, is as set out in Table 4-1.1, Residential Density. Once the number of dwelling units is
    determined, the specifications for individual lots shall comply with the requirements of Division
    4-2, Housing Palette, for the type of housing that will be developed.
 B. Applicability. These standards apply to subdivisions or resubdivisions of property that create at
    least two buildable lots, or to developments with at least two dwelling units on a single parcel
    proposed for development.
 C. How to Use Table 4-1.1, Residential Development Standards. The columns in Table 4-1.1,
    Residential Development Standards establish the open space, density, and minimum parcel sizes
    that apply to each of the residential development types. They are interpreted as follows:
       1. The first column, District and Residential Neighborhood Type, reflects the zoning districts
          (shaded in orange) and the residential neighborhood types that are allowed in the district.
       2. The second column, Min. OSR, sets out the minimum open space ratio for the residential
          neighborhood type. See Sec. 15-2.3, Open Space Ratio and Landscape Surface Ratio.
       3. The third column, Max. Gross Density, contains the maximum gross density for the
          development type. See Sec. 15-2.6, Density.
       4. The fourth column, Max. Net Density, contains the maximum net density for the
          development type. See Sec. 15-2.6, Density.
       5. The fifth column, Area of Parcel Proposed for Development, indicates the area of land that
          is required for the development of the neighborhood type indicated in the first column.

                                                    TABLE 4-1.1
                                                RESIDENTIAL DENSITY
District and Residential Neighborhood        Min.    Max. Gross       Max. Net   Area of Parcel Proposed for
                                                1
Type                                         OSR      Density         Density           Development


Single-Family Detached (agricultural lots)   NA       0.09 u/a        0.09 u/a               NA
Single-Family Cluster                        70%      0.11 u/a        0.36 u/a           min. 40 ac.
Manufactured Home Park                       80%      0.50 u/a        2.50 u/a           min. 80 ac.


Single-Family Detached (estate lots)         10%      1.46 u/a        1.62 u/a               NA
Single-Family Cluster (suburban lots)        40%      2.00 u/a        3.34 u/a           min. 20 ac.




                                                         92                                       DRAFT 3.28.11
                                                       TABLE 4-1.1
                                                   RESIDENTIAL DENSITY
District and Residential Neighborhood         Min.       Max. Gross         Max. Net         Area of Parcel Proposed for
                                                 1
Type                                          OSR         Density           Density                 Development


Single-Family Detached (suburban lots)         10%         3.01 u/a         3.34 u/a                     NA
Mixed-Housing Types (general lots)             40%         4.55 u/a         7.58 u/a                 min. 30 ac.
Manufactured Home Park (manufactured
                                               35%         3.79 u/a         5.83 u/a           min. 5 ac. / max. 30 ac.
home lots)


Single-Family Detached (general lots)          10%         4.47 u/a         4.96 u/a                     NA
Mixed-Housing Types                            20%         6.06 u/a         7.58 u/a                 min. 15 ac.
Multifamily                                    20%         7.29 u/a         9.11 u/a                  min. 5 ac.
TND / TOD                                      20%        15.00 u/a        18.75 u/a          min. 20 ac. / max. 130 ac.
Manufactured Home Park (manufactured
                                               15%         4.95 u/a         5.83 u/a           min. 5 ac. / max. 20 ac.
home lots)


Single-Family Detached (urban lots)            10%         6.82 u/a         7.58 u/a                     NA
Single-Family Attached                         15%         8.71 u/a        10.25 u/a                     NA
Mixed Housing Types                            15%         8.71 u/a        10.25 u/a                 min. 10 ac.
Multifamily                                    15%        20.00 u/a        23.53 u/a                     NA
TND / TOD                                      15%        22.00 u/a        25.88 u/a          min. 20 ac. / max. 130 ac.
TABLE NOTE:
1
  A greater open space ratio may be required in floodplains. See Section 10-3.3, Standards for Subdivision Proposals.


 D. Waiver of Common Open Space Requirement. The minimum common open space
    requirements may be waived if all of the following are demonstrated:
       1. The proposed development has fewer than 20 dwelling units and is not a single-family
          cluster;
       2. A comparable amount of landscape area to offset the common open space is created by
          limitations on the development of individual lots;
       3. The drainage plan shows how drainage will be conveyed within the right-of-way to an off-
          site stormwater treatment facility;
       4. Any required bufferyards are identified on the plat as landscape easements that must be
          maintained by either a property owners' association or the lot owner subject to the
          easement in perpetuity; and
       5. Covenants, conditions, and restrictions ("CCRs") require the ongoing maintenance of the
          easements. The documents shall provide that this maintenance requirement is enforceable




DRAFT 3.28.11                                                  93
         by the City and shall not be amended without the consent of the City Manager, upon the
         recommendation of the body that approved the waiver of the open space requirement.

Sec. 4-1.2 Lot Averaging
A. Generally. Lot averaging is a design technique which replaces minimum lot dimensions with an
   average lot width and a requirement that certain percentages of lots fall into one of three lot
   width groups: narrow, average, and wide. See Figure 4-1.2A, Lot Averaging. Lot averaging shall
   be applied as required in subsection B., and is optional in other cases.

                                           FIGURE 4-1.2A
                                           LOT AVERAGING




B. Applicability.
     1. Lot averaging shall be applied to a housing type when there are more than 20 units of the
        housing type in a proposed development (e.g., in a mixed-housing development, if there
        are 55 single-family detached homes, 45 patio homes, and 18 standard townhomes, lot
        averaging must be applied to the single-family detached and patio homes, but is not
        required for the townhomes).
     2. Lot width groups and associated development standards for each housing type are
        provided in the tables of Division 4-2, Housing Palette.
     3. Where lot averaging is not required, but the tables of Division 4-2, Housing Palette,
        indicate three lot width groups, the average lot width group shall be used to establish
        minimum lot width for the housing type.
C. Identifying Lots in Each Group. Each group is identified by a range of lot widths, as follows:
     1. Narrow Lots. Minimum width for narrow lot to, but not including, minimum width of
        average lots.
     2. Average Lots. Minimum width of average lots, to, but not including, minimum width of
        wide lots.
     3. Wide Lots. Minimum width for wide lots, without a maximum limit.
D. Calculating the Required Number of Lots of Each Lot Group. Where lot averaging is used, the
   number of lots in each group for each housing type shall be as follows:
     1. Narrow Lots. At least 25 percent of the lots for the housing type.




                                                   94                                     DRAFT 3.28.11
      2. Average Lots. At least 50 percent of the lots for the housing type.
      3. Wide Lots. The rest of the lots for the housing type may be wide.
 E. Distribution of Averaged Lots. Lots in the three lot groups shall be distributed as follows:
      1. Lots in each of the three lot area groups (narrow lots, average lots, and wide lots) shall be
         mixed on each block or cul-de-sac so that they are spread relatively evenly through the
         development (except as provided in subsection E.2., below). Concentrating lots of a single
         lot width group in separate areas of a development is not allowed. See Figure 4-1.2B,
         Averaged Lots on a Street.

                                           FIGURE 4-1.2B
                                      AVERAGED LOTS ON A STREET




      2. TND and mixed-housing neighborhood plans may designate a mix of housing types or
         diverse lot widths on a single block or block face. The City may approve such developments
         even if they do not strictly comply with subsection E.1., above, if it finds that the overall
         distribution of housing types in the development does not unreasonably concentrate
         narrow lots.

Sec. 4-1.3 Condominium and Alternative Land Ownership Patterns
 A. Generally. The standards of Division 4-2, Housing Palette, with respect to lot area, lot width,
    and setbacks relate to the development of residential buildings on conventional lots that are
    intended to be owned in fee-simple by the owners of the buildings. However, the standards are
    not intended to preclude other ownership types, such as single-ownership of all units (rentals);
    condominiums (in which the land is owned in common by the owners of the condominium
    units); or common maintenance communities (in which fee simple ownership is limited to the
    land under the building, and, in some cases, a small area around it). The alternative standards of
    this Section are intended to allow such alternative ownership scenarios, provided that the
    development could be approved pursuant to this MDC using conventional fee-simple ownership
    arrangements.
 B. Demonstration of Compliance Required. The proposed pattern of development will be allowed
    if it is demonstrated that it would comply with the density, open space, and applicable setback
    requirements of this MDC if it were platted with lots that meet the minimum requirements of
    Division 4-2, Housing Palette, for each of the proposed housing types.




DRAFT 3.28.11                                       95
Sec. 4-1.4 Mix of Housing Types in Mixed-Housing Neighborhoods, TNDs, and TODs
 A. Generally.
          1. The following types of development shall include a mix of housing types pursuant to this
             Section.
               a. Mixed-housing neighborhoods;
               b. TNDs; and
               c. TODs.
          2. Individual housing types that may be included in the mix are set out in Division 4-2,
             Housing Palette.
 B. Housing Type Mix Requirements. Table 4-1.4, Housing Type Mix Requirements, sets out the mix
    of housing types that are required for mixed-housing neighborhoods and TNDs. When
    calculating the percentage of each housing type in a proposed development, normal rounding is
    allowed.

                                                  TABLE 4-1.4
                                         HOUSING TYPE MIX REQUIREMENTS
              Number of Dwelling Units in                    Min. No.             Max. % Any      Min. % Any
          Mixed Housing Neighborhood or TND              of Housing Types        Housing Type    Housing Type1
Less than 30                                                    1                     100             20
30 - 89                                                         2                     75              25
90 - 149                                                        3                     55              20
150 - 220                                                       4                     50              12
More than 220                                                   5                     30              10
TABLE NOTE:
1
  This requirement applies even if more than the minimum number of housing types are provided.


Sec. 4-1.5 Density, Open Space, and Housing Mix in Phased Developments
 A. Generally. Projects that are proposed to be phased shall demonstrate compliance with this
    Division according to the methodology of this Section.
 B. Density and Open Space. When a development is to be phased, the maximum residential
    development capacity of the entire parcel proposed for development shall be used for
    calculating compliance with gross density, net density, and open space ratio.
 C. Mix of Housing Types. The mix of housing types required by Section 4-1.4, Mix of Housing Types
    in TNDs and Mixed-Housing Neighborhoods, shall be based on all phases of the proposed
    development to ensure an adequate mix of housing types.




                                                           96                                       DRAFT 3.28.11
Division 4-2 Housing Palette
Sec. 4-2.1 Purpose and Application of Housing Palette
 A. Purpose. Development potential is calculated by applying the density and open space
    requirements of this MDC. Once the unit count and buildable area of a parcel proposed for
    development are determined, the housing palette in this Division provides basic standards for
    the creation of residential lots, and the basic bulk standards that apply to principal buildings on
    those lots. The variations that are allowed using the housing palette allow for the preservation
    of open space and natural resources without material loss of development potential.
 B. Application of Housing Palette. The housing palette is used to permit the flexibility described in
    subsection A., above, in the development of new neighborhoods in residential zoning districts.
    Standards for each type of housing allowed by the housing palette are provided in the sections
    of this Division, as are any limitations on the district or neighborhood development type in
    which the housing type is allowed. See Figure 4-2.1, Illustrative Application of Housing Palette.

                                                    FIGURE 4-2.1
                                    ILLUSTRATIVE APPLICATION OF HOUSING PALETTE
This illustrative parcel proposed for development is an 18 acre site with 1.3 acres of wetlands (shown in light green), zoned
RG.




DRAFT 3.28.11                                                  97
                                                  FIGURE 4-2.1
                                  ILLUSTRATIVE APPLICATION OF HOUSING PALETTE
RG zoning allows, among other things, a "mixed-housing types" development. That development requires a minimum of a
15 acre parcel proposed for development and 20 percent open space. It allows a gross density of 6.06 acres and a net
density of 7.58 acres (109 units). Providing 20 percent open space allows for protection of the wetlands, provision of
buffers along the edges of the parcel, an informal park, and a formal plaza. These are shown in green below.




For a mixed-housing types development, the developer can choose a variety of housing types. The illustration below shows
five different housing types, which are configured to achieve the permitted density, preserve 20 percent open space, and
provide an interesting neighborhood.




                                                            98                                             DRAFT 3.28.11
Sec. 4-2.2 Housing Types by District and Neighborhood Type
 A. Generally. Section 4-2.3, Lot and Building Standards, sets out the lot and building standards
    for a variety of different housing types. Table 4-2.2A, Single-Family Detached Housing Types
    by District and Neighborhood Type, Table 4-2.2B, Single-Family Attached Housing Types by
    District and Neighborhood Type, and Table 4-2.2C, Multifamily, Live/Work, and
    Manufactured Housing Types by District and Neighborhood Type, set out the zoning districts
    neighborhood types in which each housing type enumerated in the housing palette is
    allowed.
 B. Interpreting Table 4-2.2, Housing Types by District and Neighborhood Type.
         1. A dash "-" means that the housing type is not allowed in the specified district.
         2. The neighborhood types used in the tables are as follows:
               a. Single residential type ("1")
               b. Single-family cluster ("SFC")
               c. Mixed-housing neighborhood ("MHN")
               d. Traditional neighborhood development ("TND")
               e. Transit-oriented development ("TOD")
               f.    Manufactured home park ("MHP")
         3. An asterisk ("*") means that special conditions apply to housing type.
                                                TABLE 4-2.2A
                    SINGLE-FAMILY DETACHED HOUSING TYPES BY DISTRICT AND NEIGHBORHOOD TYPE
Single-Family                                                  Zoning District
Detached Housing
Type / Subtype
Single-Family Detached
Agricultural                1       1       1         1          -         -     -   -         -     -
Equestrian                 SFC      1       1         1          -         -     -   -         -     -
Estate                       -     SFC    1 / TND     1          -         -     -   -         -     -
                                           SFD /
Suburban                     -      -               1 / TND     1          -     -   -         -     -
                                           TND
                                          MHN / 1 / MHN
                                                                                             TND /
General                      -      -     TND / / TND /         1          -     -   -               -
                                                                                              TOD
                                           TOD    TOD
                                          MHN /     MHN /
                                                                                             TND /
Urban                        -      -     TND /     TND /       1          -     -   -               -
                                                                                              TOD
                                           TOD       TOD
Lot-Line Houses
                                                    MHN /
                                                                                             TND /
Standard                     -      -      MHN      TND /      MHN         -     -   -               -
                                                                                              TOD
                                                     TOD




DRAFT 3.28.11                                             99
                                            TABLE 4-2.2A
                SINGLE-FAMILY DETACHED HOUSING TYPES BY DISTRICT AND NEIGHBORHOOD TYPE
Single-Family                                             Zoning District
Detached Housing
Type / Subtype
                                              MHN /
                                                                                            TND /
Patio Variant            -      -      MHN    TND /       MHN         -       -       -             -
                                                                                             TOD
                                               TOD




                                             TABLE 4-2.2B
                SINGLE-FAMILY ATTACHED HOUSING TYPES BY DISTRICT AND NEIGHBORHOOD TYPE
Single-Family Attached                                    Zoning District
Housing Type /
Subtype
Duplex Houses
                                              MHN /
                                                                                            TND /
Standard                 -      -      MHN    TND /       MHN         -       -       -             -
                                                                                             TOD
                                               TOD
                                              MHN /
                                                                                            TND /
Patio Variant            -      -      MHN    TND /       MHN         -       -       -             -
                                                                                             TOD
                                               TOD
                                              MHN /
                                                                                            TND /
Over-Under               -      -      MHN    TND /       MHN         -       -       -             -
                                                                                             TOD
                                               TOD
Townhouses
                                              MHN /   MHN /
                                                                            TND /   TND /   TND /
Standard                 -      -       -     TND /   TND /           -                             *
                                                                             TOD     TOD     TOD
                                               TOD     TOD
                                              MHN /   MHN /
                                                                            TND /   TND /   TND /
Weak-Link                -      -      MHN    TND /   TND /           -                             *
                                                                             TOD     TOD     TOD
                                               TOD     TOD
                                              MHN /   MHN /
                                                                            TND /   TND /   TND /
Roof-Deck                -      -       -     TND /   TND /           -                             *
                                                                             TOD     TOD     TOD
                                               TOD     TOD
                                                      MHN /
                                                                            TND /   TND /   TND /
Duplex                   -      -       -       -     TND /           -                             *
                                                                             TOD     TOD     TOD
                                                       TOD




                                                    100                                       DRAFT 3.28.11
                                         TABLE 4-2.2C
    MULTIFAMILY, LIVE/WORK, AND MANUFACTURED HOUSING TYPES BY DISTRICT AND NEIGHBORHOOD TYPE
Multifamily,                                                                  Zoning District
Live/Work, and
Manufactured Housing
Type / Subtype
Multifamily
                                                               1 / MHN 1 / MHN
                                                                                                                               TND /
Multiplex                       *          -        MHN         / TND / / TND /                -            -            -                    *
                                                                                                                                TOD
                                                                  TOD     TOD
                                                               1 / MHN 1 / MHN
Multifamily in Single-                                                                                            1 / TND      TND /
                                *          -          -         / TND / / TND /                -            -                                 *
Use Buildings                                                                                                      / TOD        TOD
                                                                  TOD     TOD
Multifamily in Vertically                                       TND /         TND /                    TND /       TND /      1 / TND
                                 -         -          -                                        -                                              1
Mixed-Use Buildings                                              TOD           TOD                      TOD         TOD        / TOD
Live/Work Units
                                                                TND /         TND /                   1 / TND 1 / TND 1 / TND
Live/Work Units                  -         -          -                                        1                                              1
                                                                 TOD           TOD                     / TOD   / TOD   / TOD
Manufactured Homes
Manufactured Homes           * / MHP       -        MHP             MHP         -              -            -            -       -            -


Sec. 4-2.3 Lot and Building Standards
 A. General Lot and Building Standards. The lot and building standards for each housing type in the
    housing palette are set out in Table 4-2.3, Lot and Building Standards.

                                                           TABLE 4-2.3
                                                   LOT AND BUILDING STANDARDS
                                                                     Min.                                                             Max.
                                                                                         Setbacks
Housing Type and                                                                                                                        Building
                                                               1,
Lot Type or Width                         Lot      Frontage                         Interior       Street                               Coverage
Group                       Lot Area1    Width1           5
                                                                     Front            Side          Side        Rear         Height       Ratio
Single-Family Detached (see subsection B., below, for lot averaging standards)
Agricultural                 10 ac.      350 ft.     300 ft.         50 ft.          25 ft.        50 ft.       50 ft.       30 ft.          5%
Large Estate                 2.5 ac.     180 ft.     100 ft.         35 ft.          20 ft.        35 ft.       50 ft.       30 ft.          10%
Estate                      21,500 sf.   100 ft.     60 ft.          25 ft.          15 ft.        15 ft.       50 ft.       30 ft.          25%
Suburban                    8,500 sf.    75 ft.      50 ft.          25 ft.          7 ft.         12 ft.       30 ft.       30 ft.          35%
General                     6,000 sf.    50 ft.      35 ft.          20 ft.          5 ft.         10 ft.       25 ft.       30 ft.          35%
Urban                       4,000 sf.    35 ft.      25 ft.          20 ft.          5 ft.         10 ft.       15 ft.       30 ft.          45%




DRAFT 3.28.11                                                         101
                                                        TABLE 4-2.3
                                                LOT AND BUILDING STANDARDS
                                                                Min.                                                    Max.
                                                                                     Setbacks
Housing Type and                                                                                                          Building
                                                           1,
Lot Type or Width                      Lot      Frontage                     Interior        Street                       Coverage
Group                    Lot Area1    Width1        5
                                                                Front          Side           Side    Rear     Height       Ratio
Lot-Line House, Standard
Narrow Lot               4,500 sf.    45 ft.      40 ft.        15 ft.2      8 ft.3, 4       10 ft.   20 ft.   30 ft.          40%
                                                                         2            3, 4
Average Lot              5,000 sf.    50 ft.      45 ft.        15 ft.       10 ft.          10 ft.   20 ft.   30 ft.          40%
                                                                         2            3, 4
Wide Lot                 5,500 sf.    55 ft.      50 ft.        15 ft.       10 ft.          10 ft.   20 ft.   30 ft.          40%
Lot-Line House, Patio Variant
Narrow Lot               4,050 sf.    45 ft.      40 ft.        10 ft.2      5 ft.3, 4       10 ft.   10 ft.   30 ft.          45%
                                                                         2           3, 4
Average Lot              4,500 sf.    50 ft.      45 ft.        10 ft.       5 ft.           10 ft.   10 ft.   30 ft.          45%
                                                                         2           3, 4
Wide Lot                 4,950 sf.    55 ft.      50 ft.        10 ft.       8 ft.           10 ft.   10 ft.   30 ft.          45%
Duplex House, Standard
Narrow Lot               8,000 sf.    80 ft.      60 ft.        15 ft.2        5 ft.         10 ft.   20 ft.   30 ft.          50%
                                                                         2
Average Lot              9,000 sf.    90 ft.      70 ft.        15 ft.         5 ft.         10 ft.   20 ft.   30 ft.          50%
                                                                         2
Wide Lot                 10,000 sf.   100 ft.     80 ft.        15 ft.         8 ft.         10 ft.   20 ft.   30 ft.          50%
Duplex House, Patio Variant
Narrow Lot               7,200 sf.    80 ft.      60 ft.        15 ft.2       5 ft.3         10 ft.   15 ft.   30 ft.          40%
                                                                         2            3
Average Lot              8,100 sf.    90 ft.      70 ft.        15 ft.        5 ft.          10 ft.   15 ft.   30 ft.          40%
                                                                         2            3
Wide Lot                 9,000 sf.    100 ft.     80 ft.        15 ft.        8 ft.          10 ft.   15 ft.   30 ft.          40%
Duplex House, Over-Under
Street Access            8,000 sf.    80 ft.      75 ft.        15 ft.2        5 ft.         10 ft.   15 ft.   30 ft.          40%
Alley Access             7,500 sf.    75 ft.      70 ft.        10 ft.         5 ft.         10 ft.   15 ft.   30 ft.          44%
Townhouse, Standard
Narrow Lot               2,000 sf.    20 ft.      20 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          60%
Average Lot              2,400 sf.    24 ft.      24 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          60%
Wide Lot                 2,600 sf.    26 ft.      26 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          60%
Townhouse, Weak-Link
                                                                         2
Narrow Lot               3,600 sf.    40 ft.      40 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          55%
                                                                         2
Average Lot              3,870 sf.    43 ft.      40 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          55%
                                                                         2
Wide Lot                 4,230 sf.    47 ft.      40 ft.        10 ft.         NA             6 ft.   20 ft.   35 ft.          55%
Townhouse, Roof-Deck
Narrow Lot               1,800 sf.    20 ft.      20 ft.        10 ft.         NA             6 ft.   10 ft.   35 ft.          70%
Average Lot              2,000 sf.    22 ft.      22 ft.        10 ft.         NA             6 ft.   10 ft.   35 ft.          70%
Wide Lot                 2,180 sf.    24 ft.      24 ft.        10 ft.         NA             6 ft.   10 ft.   35 ft.          70%




                                                                  102                                               DRAFT 3.28.11
                                                        TABLE 4-2.3
                                                LOT AND BUILDING STANDARDS
                                                                Min.                                                  Max.
                                                                                  Setbacks
Housing Type and                                                                                                        Building
                                                           1,
Lot Type or Width                     Lot       Frontage                    Interior       Street                       Coverage
Group                    Lot Area1   Width1         5
                                                                Front         Side          Side    Rear     Height       Ratio
Townhouse, Duplex
Narrow Lot               2,880 sf.    36 ft.      36 ft.        10 ft.         NA          10 ft.   10 ft.   40 ft.          75%
Average Lot              3,200 sf.    40 ft.      40 ft.        10 ft.         NA          10 ft.   10 ft.   40 ft.          75%
Wide Lot                 3,520 sf.    44 ft.      44 ft.        10 ft.         NA          10 ft.   10 ft.   40 ft.          75%
Multiplex
All forms                8,000 sf.    80 ft.      70 ft.        15 ft.        5 ft.        10 ft.   20 ft.   30 ft.          50%
Multifamily
Single-Use Buildings    22,500 sf.    100 ft.     80 ft.        20 ft.        20 ft.       20 ft.   20 ft.   45 ft.          NA
Mixed-Use Buildings                                                      See Section TBD
Manufactured Housing
Manufactured Home:
                         4,500 sf.    45 ft.      45 ft.        15 ft.        6 ft.        10 ft.   10 ft.   20 ft.          40%
Single-Wide
Manufactured Home:
                         5,500 sf.    55 ft.      55 ft.        15 ft.        6 ft.        10 ft.   10 ft.   20 ft.          40%
Double-Wide
Manufactured Home:
                         6,500 sf.    65 ft.      65 ft.        25 ft.        6 ft.        10 ft.   10 ft.   20 ft.          40%
Triple-Wide
TABLE NOTES:
1
  For single-family detached, lot-line, duplex and multiplex types, measured per building. For townhouse types, measured
per unit. For multifamily types, measured per parcel.
2
  A setback of 25 feet is required to garage doors.
3
  The lot-line and standard / patio duplex housing types are set on one property line with a zero setback. This standard
applies to the other side property line.
4
  Lot-line house buildings are roughly L-shaped. The interior side setback is a small side yard along the side of the building
towards the front of the lot, which may extend for up to 40 percent of the depth of the lot. The remainder of the building
must be set back at least 25 ft. or 50 percent of the lot width, whichever is less.
5
  Buildings that front on mews are not subject to this requirement. See Sec. 6-2.1, Lots


 B. Lot Averaging Standards for Single-Family Detached Lots. Where the lot averaging requirement
    of Section 4-1.2, Lot Averaging, applies to single-family detached lots, the small, average, and
    large lots shall be established as follows:
       1. Lot averaging does not apply to agricultural, large estate, or estate lots.
       2. Suburban lots shall be varied from the table requirements as follows (all other standards
          shall be as set out in Table 4-2.3, Lot and Building Standards):
              a. Small lots are at least 65 feet in width and at least 7,345 sf. in area
              b. Average lots are as shown in the table




DRAFT 3.28.11                                                    103
           c. Large lots are at least 80 feet in width and at least 9,066 sf. in area
      3. General and Urban lots shall be varied from the table requirements as follows (all other
         standards shall be as set out in Table 4-2.3, Lot and Building Standards):
           a. Small lots are up to 10 percent narrower and 10 percent smaller in area than the lot
              shown in the table.
           b. Average lots are as shown in the table
           c. Large lots are at least 10 percent wider and 10 percent larger in area than the lot
              shown in the table.
 C. Alternative Setback Standards. The City may approve alternative setbacks to those that are
    provided in Table 4-2.3, Lot and Building Standards, if it is demonstrated that:
      1. The proposed development meets the building coverage and minimum lot area standards
         of Table 4-2.3, Lot and Building Standards;
      2. If the proposed alternative setbacks affect a lot that borders on a district boundary line,
         the buildings are not set closer to a less intensive zoning district; and
      3. The proposed alternative setbacks are consistent with the desired character for the zoning
         district in which the development is proposed.

Sec. 4-2.4 Application of Housing Palette in Extraterritorial Jurisdiction
Within the ETJ, subdivision is limited to the Agricultural Single-Family Lot Type. See Section 4-2.3, Lot
and Building Standards.

Division 4-3 Nonresidential and Mixed Use Development
Sec. 4-3.1 Parcel Standards
 A. Generally. The standards that are applicable to nonresidential and mixed-use development are
    provided in Table 4-3.1, Nonresidential and Mixed Use Standards. The table includes provisions
    for minimum landscape surface ratio ("LSR"), maximum building height, minimum lot area and
    minimum street frontage. Where Division 2-4, Limited and Conditional Use Standards, sets out
    standards for the LSR, height, lot area, and/or frontage of a proposed use, the standards that
    are specified in Division 2-4 supersede the standards of this Section.
 B. Exceptions. This section does not apply to nonresidential or mixed-use buildings in TND or TOD
    developments. See Section TBD.
 C. Standards. The LSR, minimum area of parcels proposed for development, minimum street
    frontage, and maximum building height shall be as set out in Table 4-3.1, Nonresidential and
    Mixed-Use Development Standards.




                                                    104                                      DRAFT 3.28.11
                                                   TABLE 4-3.1
                               NONRESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS
                                                                     District
Standard
Min. LSR           98% 60% 15%          45%        45%      35%      20%        15%     40% 15% 10% NA 25% 15% 15%
Min. Area of                           4x min.
                                                 50,000 50,000 50,000 20,000 8,000
Parcel Proposed NA 5 ac. NA          residential                                   2 ac. NA                 NA 1 ac. 2 ac. 5 ac.
                                                   sf.    sf.    sf.    sf.    sf.
for Development                       lot area
                                       3x min.
                         200                                                           200            25    25    125 200 350
Min. Frontage       NA        NA     residential 150 ft. 150 ft. 150 ft. 75 ft. 75 ft.
                          ft.                                                           ft.           ft.   ft.    ft. ft. ft.
                                      lot width
Max. Building            30           same as                                                   40    50    60    50    50    50
                    NA          NA                 30 ft.   30 ft.   30 ft.     30 ft. 25 ft.
Height                   ft.         residential                                                ft.   ft.   ft.   ft.   ft.   ft.


 D. Subdivision of Nonresidential and Mixed-Use Parcels.
       1. The minimum street frontage and minimum area of parcels proposed for nonresidential
          and mixed-use development may be reduced in the CS, CG, AC, and BP districts with
          respect to the creation of individual lots within a development if it is demonstrated that:
                a. The area of the principal parcel from which the lot is subdivided complies with the
                   requirements of Table 4-3.1, Nonresidential and Mixed-Use Development Standards,
                   before subdivision;
                b. Appropriate easements are recorded to provide for:
                   i.    Cross-access between the lots; and
                   ii.   Shared parking between the new lot and the parent lot, if necessary to comply
                         with the parking requirements of Division 7-1, Parking, Loading, and Circulation
                         Standards; and
                  iii.   Appropriate covenants are recorded that provide for the required LSR to be
                         maintained in proportion to the principal parcel area before the subdivision,
                         designating the landscaped areas, and providing for their maintenance.
       2. For the purposes of the setback requirements of Section 4-3.2, Nonresidential and Mixed-
          Use Setbacks, lots created pursuant to this subsection D. shall be considered part of the
          principal parcel. However, buildings shall be spaced at least 20 feet apart.
       3. Lots created pursuant to this subsection are not entitled to individual access to abutting
          streets unless they meet the access management requirements of this MDC. See Division
          7-2, Access Management.
       4. Lots created pursuant to this subsection are not required to be buffered from the principal
          parcel from which they are subdivided unless they are in different zoning districts.




DRAFT 3.28.11                                                  105
Sec. 4-3.2 Nonresidential and Mixed-Use Setbacks
 A. Generally. The standards of this Section apply to nonresidential and vertically mixed-use
    buildings. If Division TBD, Bufferyards, requires a bufferyard that is wider than the setback that
    is required by this Section, then the width of the setback shall be at least the width of the
    required bufferyard.
 B. Principal Buildings.
        1. Generally. The required setbacks for nonresidential and mixed-use buildings are set out in
           Table 4-3.2, Nonresidential and Mixed-Use Setbacks.
        2. Residential District Boundary Setbacks. Residential district boundary setbacks (set out in
           the last row of Table 4-3.2, Nonresidential and Mixed-Use Setbacks, apply to buildings or
           outdoor uses (except parking) on parcels that abut property that is located in an RE, RS,
           RG, RU, NC, or NT district. If the residential district boundary setback is indicated as "NA,"
           then there are no special setback requirements in relation to abutting residentially zoned
           property (i.e., the other columns of the table control).

                                              TABLE 4-3.2
                                 NONRESIDENTIAL AND MIXED-USE SETBACKS
                                                            District

Setback
Front (ft.)            50   50   25   25    25   35    30   25   10    30   25         0     25     50   50
Street Side (ft.)      50   25   25   15    15   25    25   15   10    10   25 See     0     25     15   50
                                                                                D.,
Interior Side (ft.)    50   25   25   10    10   25    20   15   10    5    25 Below   0     25     10   25
Rear (ft.)             50   50   25   25    25   25    25   25   20    20   40         0     25     10   25
Residential District                                                             Setback Plane.
                       NA   NA   NA   NA   NA    NA   NA    NA   NA    NA                                150
Boundary (ft.)                                                                    See C., Below


 C. Setback Planes. Where Table 4-3.2, Nonresidential and Mixed-Use Setbacks, indicates "Setback
    Plane," then in addition to the building setback line, the building shall be set back one foot from
    the indicated property line for each foot in building height. See Figure 4-3.2, Setback Planes.




                                                      106                                         DRAFT 3.28.11
                                             FIGURE 4-3.2
                                            SETBACK PLANES




 D. Activity Center District Setbacks.
      1. Setbacks within the Activity Center. There are no setback requirements within the AC
         district other than as provided in subsection D.2. In general, buildings shall be constructed
         so that the front building line is coterminous with the sidewalk. However, the front
         building line may be punctuated to provide for plazas, recessed entries, and pathways
         between buildings to provide access to parking areas or other parts of the Activity Center.
         See Section TBD.
      2. District Boundary and Existing Street Setbacks. For the purposes of application of this MDC,
         setbacks are established along existing streets that border or run through Activity Center
         districts, as follows:
           a. Along existing Arterial or Collector streets, setbacks shall be sufficient to ensure
              that a 15-foot wide attached sidewalk is provided, as follows:
                i.    If the existing sidewalk can be expanded to 15 feet in width within the right-of-
                      way, then no street setback is required.
                ii.   If the existing sidewalk cannot be expanded to 15 feet in width within the right-
                      of-way, then the setback shall be 15 feet minus the distance between the
                      property line and the edge of the sidewalk.
           b. Along other district boundaries that abut or are across a minor street from residential
              uses, 25 feet, plus one foot for each foot of building height above 30 feet.

Sec. 4-3.3 Nonresidential Scale Standards
 A. Nonresidential Building Scale in Residential Districts. The floor area of nonresidential buildings
    in the RE, RS, RA, RU, NC, and NT zoning districts shall be limited based on the type of street
    from which primary access is taken, as provided in Table 4-3.3, Building Scale. These standards
    do not apply to public schools.




DRAFT 3.28.11                                      107
                                                 TABLE 4-3.3
                             NONRESIDENTIAL BUILDING SCALE IN RESIDENTIAL DISTRICTS
Classification of Street from which Access is Taken               Maximum Nonresidential Floor Area
Arterial                                                                      25,000 sf.
Collector                                                                     10,000 sf.
Local                                                                         5,000 sf.


 B. Nonresidential Building Scale in CS Districts. The floor area of buildings in CS districts shall not
    exceed a floor area ratio of 0.40 or 7,500 sf., whichever is smaller.

Division 4-4 Alternative Designs for TND and TOD
Sec. 4-4.1 Application of Division
 A. Purpose. Alternatives to the development standards set out in Division 4-2, Housing Palette;
    Division 4-3, Nonresidential and Mixed-Use Development; Division 5-3, Supplemental Standards
    for Residential Uses; Division 5-2, Supplemental Standards for All Uses; and / or Division 5-4,
    Supplemental Standards for Nonresidential and Mixed-Use Development, as applicable, may be
    established for a proposed mixed-housing neighborhood, traditional neighborhood
    development, or transit-oriented development pursuant to the standards this Division.
 B. Application. This Division may be applied to mixed-housing neighborhoods, traditional
    neighborhood developments, and transit-oriented developments. It may not be applied to
    other types of development.
 C. Pattern Book Required. The alternative standards of this Division are established and approved
    using a Pattern Book that includes the proposed alternative standards. Alternative standards
    may be approved only if the pattern book and site plan demonstrate compliance with all of the
    standards of this Division.

Sec. 4-4.2 Establishment of Alternative Standards
 A. Modification of Required Setbacks. Required setbacks may be modified as provided in this
    Subsection upon demonstration of compliance with all requirements of this Division. Note that
    modification of setbacks for one housing type may convert it into another housing type (e.g.,
    single-family detached may become zero lot line), and that the modification is not allowed if a
    reasonable alternative to modification is the selection of the other housing type from the
    housing palette.
           1. Effect on Building Coverage. The objective of this subsection is not to expand the
              permissible building coverage, but instead to provide for a range of relationships between
              buildings and the street. Changes to building coverage are subject to standards set out in
              subsection D., below.




                                                       108                                       DRAFT 3.28.11
     2. Front Setbacks. Front setbacks may be reduced to five feet, provided that they do not
        allow the building to encroach upon a utility easement and that they are not reduced to
        less than 20 feet unless:
          a. Vehicular access to the lot is provided from an alley or a side-loaded garage; and
          b. The street cross-section includes a parkway that is planted with street trees.
     3. Interior Side Setbacks. Where interior side setbacks are required, they may be reduced,
        provided that:
          a. There is no reduction of an interior side setback along a lot line that is also a
             boundary line of the proposed development;
          b. Buildings on both sides of the reduced setback are constructed to applicable building
             and fire codes based on their proximity to each other;
          c. There is sufficient space between the buildings for building maintenance and
             emergency access; and
          d. Windows that face the reduced setback are not located across from each other unless
             they are frosted and inoperable, or located at least six feet above the floor of the
             story in which they are located, or an opaque fence blocks the view from the window
             into the abutting property.
     4. Street Side Setbacks. Street side setbacks may be reduced, provided that:
          a. The City Engineer and Fire Chief find that there is no material impact on public safety
             as a result of potential obstruction of the street for sight distances, sight triangles, or
             movement of emergency vehicles; and
          b. Building walls are located at least five feet from the inside edge of the public sidewalk
             and do not encroach upon the public right-of-way or utility easements.
     5. Rear Setbacks. Rear setbacks may be reduced, provided that:
          a. The City Engineer finds that, if the lot is accessed from an alley, there is sufficient area
             for parking and maneuvering and safe passage along the alley; and
          b. No permanent structure encroaches upon an utility easement unless permission is
             granted in writing by the affected utility.
     6. Encroachments. The degree of encroachment that is allowed by Section 13-1.1, Setbacks,
        may be modified in a pattern book, but such encroachments shall not be permitted into
        rights-of-way, except in the mixed-use center of a TND or TOD. All other proposed
        encroachments that are not listed in Section 15-1.1, Setbacks, shall be permitted only if the
        City Commission finds that they:
          a. Do not create a safety hazard; and
          b. Either materially enhance the pedestrian environment; or there is a substantial
             functional justification for their presence that materially outweighs the negative
             impacts of the encroachment.




DRAFT 3.28.11                                      109
B. Modification of Lot Width and Area. Section 4-1.2, Lot Averaging, and Division 4-2, Housing
   Palette, provide for variable lot area and width, which is intended to provide visual interest and
   create neighborhoods where homes can be constructed and purchased at a wider range of price
   points than neighborhoods that have uniform lots. As an alternative to uniform minimum lot
   width and area requirements, density limits and minimum open space requirements prevent
   the overdevelopment of land. Note that modification of lot width and area for one housing type
   may convert it into another housing type (e.g., single-family detached may become patio house
   or cottage), and that the modification is not allowed if a reasonable alternative to modification
   is the selection of the other housing type from the housing palette. Lot width and lot area may
   be modified as follows:
     1. Increases in average lot width for a particular housing type shall be roughly offset by the
        inclusion of another housing type in the development that provides for a smaller lot and
        less floor area.
     2. Increases in the average lot area for a particular housing type shall be the result of the
        application of subsection B.1., above; or the result of an increase in lot depth that is
        reasonably necessary to fit the development pattern on the parcel proposed for
        development.
     3. Reductions in the average lot width for a particular housing type shall be permitted as
        follows:
          a. Lots for single-family detached, single-family attached, and mutiplex housing types
             shall be sized to accommodate on-site parking for each dwelling unit (see Section 7-
             1.2, Required Parking Spaces for requirements). All lots that are narrower than 40
             feet shall be accessed by alleys or parking courts. Tandem parking is not allowed to
             satisfy parking requirements.
          b. Lots for multifamily housing types shall be sized to accommodate on-site parking
             unless the multifamily development is located in the mixed-use center of a traditional
             neighborhood development ("TND") or transit-oriented development ("TOD") and the
             building is served by an off-site parking lot or structure that is located within 150 feet
             of the building.
C. Modification of Building Coverage. Division 4-2, Housing Palette, establishes a maximum
   building coverage for each housing type to prevent the construction of monolithic buildings
   within the available building envelope of each lot. Building coverage may be modified as
   follows:
     1. Building coverage may be increased on lots with decreased lot area pursuant to subsection
        B., above, without further demonstration (other than that required to reduce lot width or
        lot area), but only to the maximum building coverage that is allowed for the "small" lot
        width group.
     2. Building coverage may be increased on some lots in a development, if the increase in the
        area covered by buildings is offset by a corresponding increase in common open space, in
        addition to minimum open space requirements.




                                                  110                                      DRAFT 3.28.11
 D. Modification of Building Spacing. For development types that are subject to building spacing
    requirements, building spacing may be reduced if it is demonstrated that all building code
    requirements are met, all other requirements of this Division and this MDC are met, and there is
    adequate access for the provision of emergency services.
 E. Modification of Supplemental Standards. The supplemental development standards set out in
    Division 5-2, Supplemental Standards for All Uses, through Division 5-4, Supplemental Standards
    for Nonresidential and Mixed-Use Development, inclusive, may be modified, provided that:
      1. For fences and walls:
           a. Maximum height is not modified along the perimeter of the parcel proposed for
              development.
           b. Materials used for fences and walls are of comparable quality to those that would
              otherwise be required.
      2. For accessory buildings and accessory dwelling units:
           a. The building footprints for accessory buildings, or areas that are available for
              accessory buildings, are indicated in the Pattern Book;
           b. There is no more than one accessory dwelling unit per lot;
           c. The Pattern Book contains standards that require architectural compatibility with the
              principal building;
           d. Building coverage limits are not exceeded;
           e. Development of accessory buildings in the proposed locations will not result in
              building or fire code noncompliance on the lot upon which the accessory building is
              proposed to be located or any abutting lots; and
           f.   The modifications do not affect lots that share a side or rear lot line with residential
                property that is not located within the boundaries of the parcel proposed for
                development (including subsequent phases).
      3. Other supplemental standards shall not be waived by application of a Pattern Book.
 F. Special Requirements for Nonresidential and Mixed-Use Buildings in Traditional
    Neighborhood Developments and Transit-Oriented Developments.
      1. Generally. Traditional neighborhood developments ("TNDs") are residential or
         predominately residential developments that are designed and scaled for pedestrian use,
         with continuous sidewalks, tree-lined streets, pedestrian-scaled details, and a
         neighborhood center for commercial and / or civic activity. Parking areas and garages are
         not dominant visual features along the public rights-of-way. Transit-oriented
         developments are similar, but designed in a manner that maximizes pedestrian access to a
         transit stop or station near the mixed-use core.
      2. Subdistricting Requirements. TNDs and TODs shall include two subdistricts within the
         development:




DRAFT 3.28.11                                      111
          a. Mixed-use core, which is the most intensively developed part of the TND or TOD, and
             which may include mixed-uses as provided in Division 2-3. Land Use.
          b. General, which is less intensively developed than the neighborhood center, and which
             is used for residential and recreational purposes.

Sec. 4-4.3 Pedestrian Orientation
A. Generally. The site plan and pattern book shall demonstrate that the residential areas of the
   mixed-housing neighborhood, TND, or TOD development are designed for the comfort and
   convenience of the pedestrian, with continuous sidewalks; tree-lined streets (and parkways /
   boulevards) designed for appropriate low speeds; and architecture that provides street-level
   interest and accessibility.
B. Engineering and Public Safety Standards. This Section is not intended to waive minimum
   engineering and public safety standards. All street cross-sections and improvements are subject
   to approval by the City Engineer.

Sec. 4-4.4 Development Quality
A. Generally. Quality not only refers to the materials and care with which a building or
   environment is built, but also to its visual richness (e.g., details that are attractive to the
   resident or visitor). In order to ensure visual interest and the durability of the value of the
   development, the Pattern Book shall demonstrate a development quality that meets the
   standards of this Section.
B. Townhouse and Multifamily Buildings. Balconies shall be provided on all townhomes (all
   types), multiplexes, and multifamily buildings that are two or more stories in height.
C. Single Family Homes.
     1. Front porches shall be provided on all detached housing types in a TND or TOD.
     2. Dwelling units shall be designed to provide a unified appearance when viewed from public
        rights-of-way. All street façades (front façade and street side façade), shall be finished with
        comparable treatments in terms of materials, color, and trim.
     3. If masonry is used on a front façade, it shall also be applied to interior side elevations in
        one or more of the following ways:
          a. Masonry which returns to a break in the side elevation, such as a chimney, room
             projection, or projecting window area;
          b. An architectural return that is applied to all building corners so that ten percent of
             the horizontal dimeof the side building wall (but not less than three feet) is finished
             with masonry to the same height as the front facade;
          c. Quoins are used, if consistent with the architectural typology of the building;
          d. An architectural detail with a minimum width of 16 inches is applied, such as a
             pilaster that caps the masonry and the other material that completes the corner; and
             / or




                                                  112                                      DRAFT 3.28.11
           e. A wing wall screens the view of the side of the building from the street.
      4. Single-family detached buildings shall be articulated and detailed, and shall avoid undue
         imposition of building mass on the street. See Figure 4-4.4, Illustrative Imposition of
         Building Mass on a Street.

                                              FIGURE 4-4.4
                         ILLUSTRATIVE IMPOSITION OF BUILDING MASS ON A STREET
                                            TO BE PROVIDED


      5. Door and window trims and other comparable detailing shall carry around the building's
         interior sides, so that even if the trim on the side elevations has less detailing than the trim
         on the front façade, it shows a relationship to the general style and character of the front
         façade. Street side detailing shall be comparable to front façade detailing as required by
         subsection C.2.
 D. Utility Meters. Utility meters shall not be on front façade or side elevations unless screened by
    vegetation or other approved screening.

Sec. 4-4.5 Development Diversity
 A. Generally. The pattern book shall demonstrate that one or more of the techniques in this
    Section will be used to achieve an appropriate balance of harmony and diversity.
      1. Harmony. For the purposes of this Section, harmony is defined as the balance of two
         continuums, both of which have ends that, at their extremes, are unattractive. The pattern
         book shall demonstrate a balance between:
           a. Monotony and visual chaos; and
           b. Unity and visual interest.
      2. Diversity. For the purposes of this Section, diversity is defined as the differences in housing
         types, materials, massing, lot and building widths, and architectural presentation that
         create visual interest. Diversity is the principal element that contributes to the balancing
         objective of subsection A.1.
 B. Varied Housing Types at a Fine-Grained Scale. Multiple housing types are required as provided
    in Section 4-1.4, Mix of Housing Types in Mixed-Housing Neighborhoods, TNDs, and TODs, yet
    the creation of “pods” of each housing type has a high potential to lead to monotony. Mixing
    housing types on a smaller scale, even having differing dwelling unit types in a block face, is a
    technique that reduces monotony and adds diversity and visual interest. This technique shall be
    used in conjunction with techniques that mitigate visual chaos, such as varied architectural
    styles (subsection C., below).
 C. Varied Architectural Styles. Different architectural styles (e.g., Colonial Revival and
    Neoclassical) can be used to vary the appearance of buildings with comparable floor plans. The
    variations in architectural styles must be distinct from each other, but must not create a chaotic
    appearance by mixing styles with striking aesthetic differences. For this technique to be




DRAFT 3.28.11                                      113
      reviewed, a number of elements, including roof type and orientation, roof pitch, eave
      overhangs, windows, doors, and decorative elements shall be specified for each architectural
      style that will be used. The reference for architectural style shall be A Field Guide to American
      Houses by Virginia and Lee McAlester, et al. (Knopf 1984). This technique adds visual interest
      and is intended to balance monotony and visual chaos.
 D. Varied Floor Plans. Meaningful differences in floor plans reduce monotony and add visual
    interest. The application of this technique requires that the differences in floor plans are
    significant enough to create variety in the width and shape of buildings, in order to present
    variable building volumes and massing. Differences that meet this standard include, but are not
    limited to:
       1. Minimum of 10 percent difference in front façade width;
       2. Different forms (rectangle, L, or X shapes), if the differences affect the front façade;
       3. Different numbers of stories; and
       4. Different symmetry characteristics (symmetrical or asymmetrical).
 E. Varied Roof Shapes or Gable Orientations. In many cases, a front or side gable roof, hipped
    roof, or hipped gable roof can be constructed over the same floor plan. Moreover, dormers of
    different styles can significantly break up the roof mass in different ways. Variety that alters the
    roof profile of buildings can change their front elevation massing, and may also alter the height
    of the roof peak. See Figure 4-4.5, Illustrative Varied Roof Style or Gable Orientation. This
    technique reduces monotony. It may be used to vary the appearance of a single floor plan, but
    should be used in combination with other techniques to add visual interest across the
    development.

                                                  FIGURE 4-4.5
                              ILLUSTRATIVE VARIED ROOF STYLE OR GABLE ORIENTATION
Top View (below): All of the buildings have exactly the same footprint.




Front Elevations (below): The front elevations are varied due to different roof styles and gable orientations.




                                                             114                                                 DRAFT 3.28.11
 F. Varied Elements. The pattern book may demonstrate that architectural elements will be varied
    in a way that creates meaningful differences in building appearance. Such details may include
    trims, materials, color, window arrangement (grouping), window fenestration, doors, door
    lights, window and garage doors, porches, chimneys, bay windows, towers, and balconies, as
    necessary to create the required variation. This technique is particularly useful to add visual
    interest when a single architectural style, or two very closely related styles (e.g., Prairie and
    Craftsman) are used in the development. The pattern book must include detailed elevations,
    lists of specific elements to be used, and an explanation of how the elements will be mixed to
    differentiate nearby buildings.
 G. Averaged Lot Width. Meaningful variation of lot width generally causes meaningful variations in
    building width and floor plan. Accordingly, lot width for each housing type shall be varied as
    provided in Section 4-1.2, Lot Averaging and Division 4-2, Housing Palette. In the alternative,
    the applicant may provide a proposed modification of lot width in the Pattern Book. However, if
    the average lot width is proposed to be modified, it must be modified in a way that is
    mathematically comparable to that set out in Section 4-1.2.

Sec. 4-4.6 Light and Air
The pattern of development, and the open space available on each lot and in the development as a
whole, shall be such that adequate light and air are provided for the occupants. All single-family
detached, single-family attached, and multiplex buildings shall have at least one private outdoor
space that is at least 150 square feet in area, which may be a rear lawn, courtyard, patio, deck, or
useable rooftop area.




DRAFT 3.28.11                                     115
Article 5 Supplemental Standards
Division 5-1 Purpose and Application of Article
Sec. 5-1.1 Purpose of Article
The purpose of this Article is to set out standards for structures, accessory buildings, and certain
accessory uses in the City of McAllen.

Sec. 5-1.2 Application of Article
The standards of this Article apply as follows:
      1. Division 5-2, Supplemental Standards for All Uses, sets out standards for structures,
         accessory buildings, and accessory uses that apply to all uses in all districts.
      2. Division 5-3, Supplemental Standards for Residential Uses, sets out standards for
         structures, accessory buildings, and accessory uses that are associated with residential
         uses.
      3. Division 5-4, Supplemental Standards for Nonresidential and Mixed Uses, sets out
         standards for structures, accessory buildings, and accessory uses that are associated with
         nonresidential and mixed-use development.

Division 5-2 Supplemental Standards for All Uses
Sec. 5-2.1 Apiaries
 A. Generally In recognition of the importance of bees to regional agriculure and ecology, apiaries
    are an allowed accessory use of property with a lot area of at least 1/4 acre (10,890 sf.) in all
    districts except RU, CBD, AC, and IH, provided that they comply with the standards of this
    Section. Apiaries may also be subject to state registration requirements. See Tex. Ag. Code. §
    131.045, Apiary Registration.
 B. Hives. All bee colonies shall be kept in hives with removable combs, which shall be kept in
    sound and usable condition.
 C. Setback
      1. All hives shall be located at least 5 feet from any property line, or where multiple uses are
         located on the same parcel, 15 feet from any building, with the back of the hive facing the
         nearest adjoining property or building.
      2. Apiaries shall be set back at least 200 feet from the property lines of schools and all types
         of day care child care facilities (DCCCFs).
 D. Fencing Of Flyways. In each instance in which any colony is situated within 25 feet of a property
    line of the tract upon which the apiary is situated, or within 25 feet of an area of the property
    used for public recreation or assembly (e.g., picnic tables, playground, etc.), as measured from
    the nearest point on the hive to the property line or recreation / assembly area, the beekeeper




                                                  116                                     DRAFT 3.28.11
      shall establish and maintain a flyway barrier at least 6 feet in height, consisting of a solid wall or
      fence parallel to the property line or recreation / assembly area and extending ten feet (10')
      beyond the colony in each direction, so that all bees are forced to fly at an elevation of at least 6
      feet above ground level over the property lines in the vicinity of the apiary.
 E. Water. Each property owner or beekeeper shall ensure that a convenient source of water is
    available at all times to the bees so that the bees will not congregate at swimming pools, pet
    water bowls, birdbaths, or other water sources where they may cause human, bird or domestic
    pet contact. The water shall be maintained so as not to become stagnant.
 F. Maintenance. Each property owner or beekeeper shall ensure that no bee comb or other
    materials that might encourage robbing are left upon the grounds of the apiary site. Upon their
    removal from the hive, all such materials shall promptly be disposed of in a sealed container or
    placed within a building or other bee proof enclosure.
 G. Queens. In any instance in which a colony exhibits usually aggressive characteristics by stinging
    or attempting to sting without due provocation or exhibits an unusual disposition towards
    swarming, it shall be the duty of the beekeeper to requeen the colony. Queens shall be selected
    from stock bred for gentleness and nonswarming characteristics.
 H. Colony Densities.
       1. It shall be unlawful to keep any colony on a multiple-family lot or to keep more than the
          following number of colonies on any lot or parcel within the City, based upon the size or
          configuration of the parcel on which the apiary is situated:
            a. Lot or parcel area 1/4 acre up to but not including 1/2 acre: 4 colonies.
            b. Lot or parcel area 1/2 acre up to but not including 1 acre: 6 colonies.
            c. Lot or parcel area 1 acre or more: 8 colonies.
            d. Regardless of lot or parcel size, where all hives are situated at least 200 feet in any
               direction from all property lines of the lot on which the apiary is situated, there shall
               be no limit to the number of colonies.
       2. For each two colonies that are allowed on a lot or parcel, there may be maintained upon
          the same lot or parcel one nucleus colony in a hive structure not exceeding one standard 9
          5/8-inch depth, 10-frame hive body with no supers attached, as required from time to time
          for management of swarms. Each such nucleus colony shall be disposed of or combined
          with an allowed colony within 30 days after the date it is acquired.
 I.   Prohibited Beekeeping Activities. The keeping by any person of bee colonies in the city not in
      strict compliance with this section is prohibited. Any bee colony not residing in a hive structure
      intended for beekeeping, or any swarm of bees, or any colony residing in a standard or
      homemade hive which, by virtue of its condition, has obviously been abandoned by the
      beekeeper, is unlawful and may be summarily destroyed or removed from the City by the City
      Manager or designee.




DRAFT 3.28.11                                         117
Sec. 5-2.2 Outdoor Swimming Pools
A. Generally. Outdoor swimming pools are allowed as an accessory structure according to the
   standards of this Section and pursuant to applicable building codes and state law.
B. Timing and Location of Construction.
     1. No swimming pool or spa shall be constructed unless:
          a. The principal building has already been constructed, or is under construction
             simultaneously; or
          b. The swimming pool or spa is (or will be) controlled by a property owners' association,
             and the development phasing plan allows its construction before construction on the
             lots to which the swimming pool or spa relates.
     2. In general, swimming pools shall be constructed on the same lot as the principal building
        to which they are accessory. Swimming pools that are intended to serve the occupants of
        all lots in a subdivision shall be constructed on a tract that is owned and maintained by a
        property owners' association.
C. Setbacks. Swimming pools and spas shall be located behind the principal building and set back
   not less than 10 feet from side and rear property lines. For in-ground installations, the setback is
   measured from the surface of the water to the property lines. For portable spas and above-
   ground pools, the setback is measured from the structure to the property line.
D. Pool Yard Enclosures. Pool yards shall be enclosed as required by the applicable building code
   or Section 757.001, et seq., Tex. Health and Safety Code.

Sec. 5-2.3 Photovoltaic Arrays
A. Generally. Photovoltaic arrays are allowed as provided in this Section.
B. Standards. The following standards apply to photovoltaic arrays:
     1. Roof-Mounts. Photovoltaic arrays may be roof-mounted on principal and accessory
        buildings in all districts.
     2. Ground-Mounts. Ground or structure-mounted photovoltaic arrays (not mounted on
        buildings) shall be set back as if they were detached accessory buildings if the highest point
        on the panels is more than six feet above grade.
     3. Carports and Covered Walkways. Carports and walkways may be covered with
        photovoltaic arrays, provided that:
          a. There is not less than 8 feet of clearance under the carport or covered walkway; and
          b. In residential zoning districts, PV panels that cover carports and covered walkways
             are set back from the front property line as required for principal buildings. Additional
             setbacks may be required in other areas in order to comply with building setback
             requirements or accessory structure requirements for the underlying structures.




                                                  118                                      DRAFT 3.28.11
 C. Removal or Replacement of Damaged Panels. If photovoltaic panels are damaged (e.g., in a
    windstorm) such that the damage is obvious when viewed from a public right-of-way, then the
    panels must be removed or replaced within 60 days of the event that caused the damage.

Sec. 5-2.4 Refuse Containers
 A. Generally. Dumpsters and community recycling bins may be provided for attached residential
    development. Dumpsters must be provided for multifamily residential, nonresidential, and
    mixed uses for solid waste collection service. Such facilities are subject to the stanards of this
    Section.
 B. Standards for Dumpsters.
      1. The facilities shall be located no more than 200 feet (walking distance) from the individual
         uses that they are intended to serve;
      2. Access to the facilities shall be configured to meet the requirements of the refuse hauler,
         access shall be provided form the alley if an alley is present and used for service to other
         properties;
      3. The areas where dumpsters are stored shall be fully enclosed by an opaque wall
         constructed of brick, stone, or stucco-finished concrete block, to a height of eight feet;
      4. The enclosures shall:
           a. Have opaque metal service gates which remain closed at all times except when the
              dumpster is being serviced;
           b. Include separate, opaque metal pedestrian access gates or a pedestrian access
              opening that screens the dumpster from view;
           c. Be large enough to accommodate:
                i.    One or more dumpsters that are sufficient size to serve the development, based
                      on the frequency of solid waste collection; and
                ii.   One or more recycling bins (whether provided at the time of development or
                      not), based on the anticipated generation of recyclable materials and the
                      frequency of collection.
           d. Meet City engineering design standards, including those that pertain to maneuvering
              space.
      5. The facilities shall be located in a side or rear yard of the parcel proposed for development,
         unless it is not possible to provide service access in such locations;
      6. If an enclosure must be located in a front yard to meet the requirements of the refuse
         service provider, it shall be designed and constructed with the same cladding materials
         used for the principal building walls; and
      7. Unless such a location would cause the facilities to fail to comply with other standards in
         this subsection, the facilities shall be spaced at least:




DRAFT 3.28.11                                      119
          a. 15 feet from residential lot lines that are south and east of the part of the parcel
             proposed for development; and
          b. 35 feet from residential lot lines that are north and west of the parcel proposed for
             development.
C. Standards for Community Recycling Bins.
     1. Community recycling bins may be made available for use by the general public.
     2. Community recycling bins may be located:
          a. In loading or service areas that are at least 50 feet from property lines or screened
             from abutting uses by a six-foot tall masonry wall (which may be part of a bufferyard);
             or
          b. In dumpster enclosures (see subsection B., above).
     3. Community recycling bins shall be constructed and maintained with durable waterproof
        and rustproof material.
     4. Community recycling bins shall be clearly marked to identify the type of material to be
        deposited and the identity and phone number of operator.
     5. Community recycling bins shall be maintained in a clean, litter-free condition.

Sec. 5-2.5 Carports and porte-cochere
A. Generally. Carports and and porte-cocheres are allowed pursuant to the standards of this
   Section.
B. Where Allowed.
     1. Generally. Carports and porte-cocheres are allowed:
          a. Within the areas available construction of principal and accessory buildings on all
             properties that are developed with dwelling units (except multifamily dwelling units).
          b. Within parking areas (and in the case of porte-cocheres, passenger loading areas) of
             multifamily, nonresidential, and mixed-use development.
     2. Additional Alternatives in NC and NT Districts. Carports may be constructed outside of the
        building envelope in NC and NT districts on lots with a lot width of 45 feet or less, as
        follows:
          a. Support posts shall not be closer than:
              i.    Three feet to any interior side property line; or
              ii.   10 feet from a rear property line; and
             iii.   10 feet from a front or exterior side property line;
          b. The canopy or roof structure (including overhang) shall not extend past the support
             posts by more than two feet;




                                                   120                                    DRAFT 3.28.11
           c. Carports, trellises, arbors, porte cocheres and similar structures shall be open on all
              sides unless backing and/or siding to the primary structure. Under no situation or
              condition may a structure side, front or back be enclosed or covered in whole or in
              part in any way; and
           d. Carports shall not be used for storage of any items that can be viewed from a public
              street, except motor vehicles.
 C. Construction Methods. Carports, porte-cocheres, and their support structures shall be firmly
    anchored to the ground and shall meet applicable building codes, including wind loading
    requirements. Drainage runoff from the structure shall not impact adjacent properties.
 D. Design. All structures that can be viewed from a public street shall be constructed so that
    supporting posts, fascia, soffits, roof and roof slope are of the same materials and color and
    resemble the primary structure. Exceptions to this requirement are allowed if:
      1. The roof portion is approved as a trellis, arbor or similar open-roof structure; or
      2. The cover of the carport is a photovoltaic array, the carport is located at least 20 feet from
         property lines, and the highest point on the structure is not more than 16 feet above
         adjacent grade.

                                            FIGURE 5-2.5
                          ILLUSTRATIVE PHOTOVOLTAIC ARRAY-COVERED CARPORT




Division 5-3 Supplemental Standards for Residential Uses
Sec. 5-3.1 Fences and Garden Walls
 A. Generally. The requirements of this Section apply to fences and garden walls on residential lots,
    except multifamily lots.
 B. Fence Zones Established. The standards of this Section are applied using "fence zones," which
    are areas of a lot in which fences of different heights and opacities are allowed. The boundary
    between two zones is considered part of the zone that allows the higher and more opaque
    fence. The following fence zones are established:




DRAFT 3.28.11                                      121
     1. Clear Zone. The clear zone is an area that abuts a street or alley right-of-way, or that must
        remain unobstructed for safe operation of the street or right-of-way (see, e.g., Section 6-
        3.12, Sight Distances and Sight Triangles. No fencing is allowed in the clear zone.
     2. Street Yard Zones. Street yard zones are areas where fencing may or may not be allowed,
        depending upon the zoning district. The purpose of fencing in this zone is enclosure or
        aesthetic enhancement (see "privacy zone," below, for fencing along arterials and
        collectors). There are two street yard zones: front and side. On triangular and pie-shaped
        lots, up to 50 percent of the street frontage may be considered "side street yard zone,"
        provided that:
          a. The street side yard is comprised of not more than two continuous segments; and
          b. All street side yard segments connect to a side lot line.
     3. Privacy Zone. The privacy zone is an area at the interior of the lot in which fencing may be
        taller and more opaque than in the street yard zone. The privacy zone also applies along
        side and rear property lines that are also right-of-way lines for arterial and collector streets
        that form neighborhood or subdivision boundaries. The purpose of fencing in this zone is
        enclosure, security, privacy, and / or aesthetic enhancement.
     4. Building Envelope. The building envelope is the area in which a principal building may be
        constructed. Fences and garden walls in this area may be taller than in other areas. The
        purpose of fencing in this zone is enclosure, security, privacy, and / or aesthetic
        enhancement.

                                              FIGURE 5-3.1
                                 ILLUSTRATIVE LOCATIONS OF FENCE ZONES
                                            TO BE PROVIDED


C. Location of Clear Zones. No new fences or walls are allowed within the following clear zones
   (see subsection B.3., above for exceptions to clear zone areas):
     1. Required sight triangles (see Section 6-3.12, Sight Distance and Sight Triangles).
     2. 1 foot on either side of underground utility easements.
     3. 2 feet from minor street rights-of-way.
     4. 4 feet from collector and minor arterial street rights-of-way.
     5. 8 feet from principal arterial or high-speed arterial street rights-of-way.
D. Location of Street Yard Zones. The street yard zones are defined as follows:
     1. Front Street Yard Zone. The front street yard zone is the area in the front portion of the lot
        that is located between the clear zone and the privacy zone.
     2. Side Street Yard Zone.




                                                   122                                       DRAFT 3.28.11
              a. Generally, the side street yard zone is the area in the side street yard between the
                 clear zone and the privacy zone.
              b. On triangular and pie-shaped lots, up to 50 percent of the street frontage may be
                 considered "side street yard zone," provided that:
                   i.           The street side yard is comprised of not more than two continuous segments;
                                and
                  ii.           All street side yard segments connect to a side lot line.
 E. Location of Privacy Zone. The privacy zone is the area bounded by:
       1. Generally, the front building line; except on flag lots, the front property line that is shared
          with the rear property line of the lot in front of the flag lot;
       2. The interior side property line;
       3. On interior lots, the other interior side property line; and on corner lots, the street side
          setback line; and
       4. On interior and corner lots, the rear lot line; and on through lots, the required clear zone
          (see subsection C., above).
 F. Building Envelope. The building envelope is the area within the privacy zone in which principal
    buildings are allowed. In the building envelope, masonry garden walls are allowed to a height of
    9 feet if they are attached to the principal building. Fences in the building envelope are subject
    to the standards of the privacy zone.
 G. Height and Transparency Standards. The height and transparency of fences shall be as set out
    in Table 5-3.1, Fence and Wall Height and Transparency.

                                                   TABLE 5-3.1
                           FENCES AND WALLS: MAXIMUM HEIGHT AND MINIMUM TRANSPARENCY
                        Street Yard Zones                                                          Privacy Zone
                                                                                                   Maximum        Minimum
                        Maximum Height                           Minimum Transparency
District Subdistrict                                                                               Height1        Transparency
        E               5 ft.                                    0%                                6 ft.          0%

        S               Not Allowed                              NA                                6 ft.          0%
                        4 ft., if more than 4 lots on the same   70% transparency for fences that
                        street segment have an existing fence    are higher than 3 ft.; 50%
        A                                                                                         6 ft.           0%
                        in the street yard zone that is taller   transparency for fences that are
                        than 3 ft.; otherwise, 3 ft.             3 ft. or lower
        MH              Not Allowed                              NA                                6 ft.          0%

        E               5 ft.                                    0%                                6 ft.          0%

        S               Not Allowed                              NA                                6 ft.          0%

        A               3 ft.                                    50%                               6 ft.          0%




DRAFT 3.28.11                                                     123
                                                   TABLE 5-3.1
                           FENCES AND WALLS: MAXIMUM HEIGHT AND MINIMUM TRANSPARENCY
                        Street Yard Zones                                                     Privacy Zone
                                                                                              Maximum        Minimum
                        Maximum Height                            Minimum Transparency              1
District Subdistrict                                                                          Height         Transparency
        -               5 ft.                                     0%                          8 ft.          0%

        -               Not Allowed                               NA                          6 ft.          0%
                        3 ft., but only on alley-accessed lots;
        -                                                         50% where allowed           6 ft.          0%
                        otherwise not allowed
        -               3 ft.                                     50%                         6 ft.          0%
             1
TABLE NOTE: Maximum height in privacy zone may be increased by 2 feet if the lot line is a district boundary with a CG, IL,
or IH zoning district.


 H. Materials.
       1. Allowed Materials. Materials used for fences and garden walls shall be durable, and of a
          character commonly used in residential applications, including:
              a. Weather-resistant or finished (painted or stained and sealed) wood;
              b. Ornamental wrought iron or powder-coated aluminum (except on fences / walls that
                 are used for screening purposes);
              c. Cement fiberboard;
              d. Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone),
                 but not unfinished concrete block; or
              e. Combinations of these materials.
       2. Limited Materials.
              a. Chain link fences are allowed in the privacy zone, but are not allowed in front yards or
                 street side yards unless:
                   i.           The chain link fence replaces an existing chain link fence;
                  ii.           At least four lots on the same street segment have an existing chain link fence in
                                a front yard or street side yard; or
                 iii.           The chain link fence is completely screened from view from public rights-of-way
                                by landscaping.
              b. Slatted chain link fence is not allowed in front yards or street side yards.
       3. Prohibited Materials. The following materials are not allowed as fence or garden wall
          components: scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or
          fiberglass sheets, barbed wire, spikes, nails, or other comparable sharp points.




                                                                   124                                        DRAFT 3.28.11
 I.   Continuity of Fencing Along Arterials.
       1. The continuity of fences and walls along arterials shall be maintained between street
          intersections on the same side of the street in terms of design, color, materials, and height.
          Where fences and walls along the same side of the street vary in design, color, materials,
          or height, then new or replacement fences or walls shall be matched to existing structures
          in the following order of priority:
            a. Existing masonry walls, if such walls occupy more than 20 percent of the distance
               between street intersections; or
            b. The existing privacy fence that is in the best condition.
       2. The side of any fence that faces an arterial street right-of-way shall be the finished side. All
          support posts and stringers shall face inward toward the property upon which the fence is
          located, or the subdivision that it screens (if located on commonly owned property).
 J.   Fence and Wall Design.
       1. No new fence or wall that is installed in a bufferyard along an arterial shall run for a
          distance of more than 100 feet without an offset of at least 10 feet in width and three feet
          in depth, which may be used in one of the following ways:
            a. To provide a location for a gate;
            b. To provide a location for landscaping; or
            c. To provide a location for a change in materials to enhance the appearance of the
               fence.
       2. Line posts for wood picket or chain link fences shall be spaced at intervals of not more than
          eight feet on-center.
       3. Masonry garden walls shall include pilasters or comparable architectural treatments at
          regular intervals of not more than 20 feet on-center.
 K. Fence Orientation and Maintenance. Fences shall be maintained in an upright position (not
    more than 5 degrees from vertical orientation), and in good condition (e.g., free of: rust, peeling
    paint or coatings, missing or broken pickets, wood rot, and graffitti).

Sec. 5-3.2 Accessory Dwelling Units
 A. Generally. Accessory dwelling units ("ADUs") are permitted only according to the standards of
    this Section.
 B. ADU Types. There are three types of ADUs:
       1. Integrated Units. Integrated units are units that are created within an existing building or
          attached to an existing building such that they appear to be an integrated part of it.
       2. One-Story ADU Buildings. One-story ADU buildings are one-story buildings that contain an
          accessory dwelling unit. They may or may not also include a garage or storage area.




DRAFT 3.28.11                                       125
           3. Two-Story ADU Buildings. Two-story ADU buildings are one-and-one-half story or two-story
              buildings that contain an accessory dwelling unit, which is usually located above a
              detached garage.

                                                         FIGURE 5-3.2
                                                          ADU TYPES
The lots pictured below illustrate three types of ADUs
                                                     TO BE PROVIDED


 C. Where Permitted. Accessory dwelling units are allowed as provided in Table 5-3.2, Districts and
    ADU Types. ADUs are not allowed in districts that are not listed in the table. ADUs are only
    allowed as an accessory to single-family detached principal buildings.

                                                      TABLE 5-3.2
                                               DISTRICTS AND ADU TYPES
District      Subdistrict Integrated Unit         One-Story ADU Building              Two-Story ADU Building
              -            Allowed                Allowed                             Allowed

              E            Allowed                Allowed                             Allowed

              S            Allowed                Allowed                             Not Allowed

              A            Allowed                Not Allowed                         Not Allowed

              E            Allowed                Allowed                             Allowed

              S            Allowed                Allowed                             Not Allowed

              A            Allowed                Allowed                             Not Allowed

              -            Allowed                Allowed                             Allowed
                                                  Allowed subject to subsection H.,   Allowed subject to subsection H.,
              -            Allowed
                                                  below                               below
                                                  Allowed subject to subsection H.,   Allowed subject to subsection H.,
              -            Allowed
                                                  below                               below
                                                  Allowed subject to subsection H.,   Allowed subject to subsection H.,
              -            Allowed
                                                  below                               below


 D. Number of ADUs. No lot shall contain more than one ADU.
 E. Bulk and Design Standards. ADUs shall conform to the following bulk and design standards:
           1. Integrated Units.
                  a. Integrated units shall not occupy more than 25 percent of the total floor area of the
                     principal building.
                  b. Integrated units shall not involve design modifications to the exterior of the principal
                     building that make their presence obvious. Where the principal building is expanded




                                                              126                                           DRAFT 3.28.11
                to accommodate the integrated unit, the expansion shall be designed, clad, painted,
                and roofed in a manner that is comparable to the principal building.
          c. Where exterior doors provide direct access to the integrated unit, such doors shall be
             designed, located, and configured in a manner that is typical for secondary access to a
             single-family building.
          d. Setbacks for integrated units are the same as for the principal building.
     2. One-Story ADU Buildings.
          a. The floor area of the ADU in a one-story ADU building shall not exceed the least of
             the following:
                i.    25 percent of the floor area of the principal building;
                ii.   7.5 percent of the lot area; or
            iii.      1,200 square feet.
          b. One-story ADU buildings shall be set back from property lines as follows:
                i.    Front: behind front building line
                ii.   Interior side: same as principal building
            iii.      Street side: same as principal building
            iv.       Rear: 10 feet where no alley is present; 5 feet where an alley abuts the rear lot
                      line.
          c. The height of one-story ADU buildings shall not exceed:
                i.    Nine feet to the wall plate; and
                ii.   20 feet to the ridge.
          d. One-story ADU buildings shall be spaced at least 12 feet from all other habitable
             buildings and structures on the same lot.
     3. Two-Story ADU Buildings.
          a. The floor area of the ADU in a two-story ADU building unit shall not exceed 600
             square feet. For the purposes of this standard, "floor area" means all enclosed area
             with a floor-to-ceiling height of at least 7.5 feet.
          b. The height of a two-story ADU building shall not exceed:
                i.    13 feet to the wall plate; and
                ii.   24 feet to the ridge.
          c. Generally, windows of two-story ADU building units shall face streets and alleys.
             Windows that face interior side property lines shall be located at least six feet above
             the finished floor unless:




DRAFT 3.28.11                                           127
               i.   Other features are in place to protect the privacy of the adjacent lot's rear yard;
                    or
              ii.   The abutting property is nonresidential or a tract of common open space.
           d. Two-story ADU buildings shall be spaced at least 12 feet from all other habitable
              buildings and structures on the same lot.
F. Parking for ADUs.
      1. In addition to the parking requirements for the principal building, one off-street parking
         space shall be provided for the ADU.
      2. Use of tandem parking to meet this requirement is allowed; however, only one tandem
         space is allowed per lot.
G. Required Useable Outdoor Area. Lots that are developed with ADUs shall include a useable
   outdoor area of at least 1,100 sf., located behind the principal dwelling unit.
H. Additional Requirements in RS, RG, and RU Districts.
      1. Lots within the RS, RG, and RU districts that may be developed with one-story ADU
         buildings or two-story ADU buildings (as indicated in Table 5-3.2, Districts and ADU Types,
         shall be annotated on the plat of the development as allowing such accessory use.
      2. A bufferyard of at least 30 percent opacity is required along the boundary of the proposed
         development if all of the following conditions exist:
           a. ADUs are to be allowed on lots along the boundary; and
           b. The abutting development is single-family residential development.
      3. The bufferyard required by subsection H.2., above, is not required if:
           a. The boundary is an alley; and
           b. ADUs are allowed on the lots on the other side of the alley.
I.   Utilities. ADUs shall not be provided with utilities that are metered or billed separately from the
     principal building.

Sec. 5-3.3 Satellite Dishes and Antennae
A. Generally. The standards of this Section apply to satellite dishes and antennae that are typically
   associated with residential uses. They are not applicable to facilities that are used for
   commercial purposes or the provision of personal wireless telecommunications services to
   people who do not reside on the lot on which the dish or antenna is located.
B. TV Antennae, DTV Antennae, Wireless Cable Antennae, and Satellite Dishes.
      1. The following are permitted if they are attached to a building or mounted on a mast that
         extends not more than 12 feet above the highest peak of the roof (lattice towers are not
         allowed on roofs):
           a. TV antennae;




                                                   128                                      DRAFT 3.28.11
          b. DTV antennae;
          c. Wireless cable antennae; and
          d. Satellite dishes that are one meter or less in diameter.
     2. All cabling must be run internally when feasible, securely attached, and as inconspicuous
        as practicable.
     3. Masts that are greater than 12 feet above the peak of the roof are permitted if it is
        demonstrated that:
          a. An acceptable quality signal cannot be obtained at a lower height; and
          b. The mast and antenna are lower than overhead power lines, or set back from
             overhead power lines such that a collapse of the mast will not result in contact with
             the lines.
     4. Satellite dish receivers that are more than one meter in diameter are permitted if:
          a. They are located on the ground in the rear yard and not visible from ground-level
             views from public rights-of-way or abutting properties; or
          b. If the dish cannot be located in the rear yard, it is located on the ground within the
             permitted building envelope on the side of the building and the dish or antenna is
             fully screened from view from public rights-of-way with:
                i.    a masonry wall; or
                ii.   an evergreen hedge or shrub and understory trees.




DRAFT 3.28.11                                     129
 C. Amateur Radio Antennae. Amateur radio antennae are permitted if the following standards are
    met:
           1. Height, setbacks, and screening for the antenna structure shall be as provided in Table 5-
              3.3, Amateur Radio Antennae.

                                                   TABLE 5-3.3
                                              AMATEUR RADIO ANTENNAE
                                                 Minimum Front and        Minimum Side
Lot Area                Maximum Height                                                             Required Screening
                                                 Street Side Setback      and Rear Setback
                                                100 ft.; or,                                       Continuous evergreen
                                                                          Greater of required
Lot area greater than 2 More than 75 ft., up to alternatively, 20 ft.                              hedge around sides of
                                1                                         building setback or 70
acres                   120 ft.                 behind back wall of                                base that face lot lines;
                                                                          ft.
                                                principal building                                 2 understory trees,
                                                                                                   located to maximize
                                                                                                   interruption of views
                                                                                                   from adjacent property
                                                                                                   and public rights-of-
                                                 75 ft.; or alternatively, Greater of required     way. Existing
Lot area greater than
                        40 ft. to 75 ft.         15 ft. behind back wall building setback or 25    vegetation that
12,000 sf.
                                                 of principal building     ft.                     provides comparable
                                                                                                   screening may be
                                                                                                   substituted for this
                                                                                                   requirement.
All lots                Less than 40 ft.         Same as required for principal building.          None.
TABLE NOTE:
1
  Antennae that are taller than 75 feet are not allowed on lots that are less than two acres in area. The maximum permitted
height is 120 ft.


           2. Support structures that are not attached to the antenna structure shall be treated as
              accessory structures for the purposes of height, setbacks, and screening.

Sec. 5-3.4 Accessory Buildings and Structures
 A. Generally. The standards of this Section apply to accessory buildings and structures that are not
    specifically addressed in other Sections in this Division (e.g., accessory dwelling units or
    carports). Accessory buildings are counted in the calculation of building coverage.
 B. Timing of Construction. No accessory building or structure shall be constructed unless the
    principal building has already been constructed or is under construction simultaneously with the
    accessory building.
 C. Location. No accessory building or structure of any type shall be located in a front yard, interior
    side yard (extended to rear property line), or street side yard (extended to rear property line),
    except as may be specifically allowed by this Division. Accessory buildings must be located on
    the same lot as the principal building or use to which they relate.




                                                             130                                             DRAFT 3.28.11
 D. Attached Accessory Buildings.
      1. Accessory buildings that are structurally attached to a principal building shall conform to
         all standards that are applicable to the principal building.
      2. Covered (but otherwise unenclosed) walkways shall not be considered attachments for the
         purposes of this subsection; however, overhangs from covered walkways shall not
         encroach into setbacks more than is allowed for principal buildings.
 E. Detached Garages. Detached garages are subject to the following standards:
      1. Garage doors must be set back at least 25 feet from property lines.
      2. Single-story detached garages are subject to the requirements of subsection F., below.
      3. Detached garages with a second floor accessory dwelling unit or workshop are subject to
         the requirements for two-story buildings with ADUs in Section 5-3.2, Accessory Dwelling
         Units.
 F. Other Detached Accessory Buildings or Structures. Other detached accessory buildings or
    structures, except buildings with accessory dwelling units (which are subject to Section 5-3.2,
    Accessory Dwelling Units), and sheds that are 120 square feet or smaller in floor area and less
    than 10 feet in height to the peak of the roof (which are subject to Subsection G., below).
      1. Height. Height shall not exceed one story or 17 feet, whichever is lower.
      2. Footprint. No detached accessory building or buildings shall cover an area that is larger
         than that covered by the principal building, nor cover more than 25 percent of the
         required rear yard or 600 square feet, whichever is less, except that in the AG district,
         accessory buildings and structures are permitted as needed to support agricultural uses.
      3. Setbacks.
           a. Front: Behind principal building.
           b. Street Side: Equal to the street side setback required for the principal building.
           c. Interior Side: 6 feet
           d. Rear: 10 feet, unless alley access is provided, in which case the setback is five feet.
      4. Building Spacing on Same Lot. Buildings on the same lot shall be spaced as required by
         applicable building codes.
      5. Easements. Accessory structures shall not be located within access or utility easements
         unless the easement expressly allows the encroachment. A copy of the easement shall be
         provided to the Director prior to the issuance of permits or clearances for such structures.
      6. Permanent Foundation. Accessory buildings that are more than 120 square feet in floor
         area shall be constructed upon a permanent foundation.
      7. Compatibility. Accessory buildings that are larger than 200 feet in floor area shall be
         designed to be compatible with the principal building in terms of:




DRAFT 3.28.11                                      131
          a. Color, which shall be the same as the principal building or which shall compliment the
             principal building;
          b. Materials, which shall be substantially similar to those used on the principal building,
             and in the case of siding or brick, shall be installed with the same patterns or
             orientation as on the principal building;
          c. Roof pitch, which shall be the same as a pitch found on the principal building; and
          d. Roof materials and color, which shall be the comparable to the principal building.
G. Sheds that are 120 Square Feet or Smaller and Not More Than 10 feet in Height to Peak of
   Roof. Sheds that are 120 square feet or less in floor area and not more than 10 feet in height to
   the peak of the roof may be located anywhere in a rear yard, provided that:
     1. If they are located closer than two feet to a rear lot line, the area between the shed and
        the lot line is:
          a. The location of an opaque wall or fence that is at least five feet in height; or
          b. Planted with shrubs that will grow to form a hedge with a height of at least three feet
             within not more than 18 months of planting; and
     2. They are not located in a utility easement unless the property owner provides written
        permission from the easement holder;
     3. They are anchored to the ground;
     4. They do not obstruct access from the front of the lot to the rear of the lot;
     5. They do not create nonconformities with respect to the building code on adjacent
        properties; and
     6. They do not alter or block the flow of stormwater drainage.
H. Residential Occupancy. Residential occupancy of accessory buildings that are not constructed
   and approved for residential use is prohibited.

Sec. 5-3.5 Decks and Balconies
A. Generally. Decks and balconies shall comply with the requirements of this Section.
B. Setbacks. Decks and balconies are allowed to project into required setback areas to the extent
   permitted by Section 15-1.1, Setbacks.
C. Elevation.
     1. No deck shall have a surface that is elevated higher than the level of the second floor of
        the principal building.
     2. Balconies are allowed on the second floor of any residential building, but may be located
        above the second floor of multifamily and mixed-use buildings.
D. Location. Balconies and decks that are accessed from upper floors shall not be located on the
   sides of buildings if:




                                                  132                                      DRAFT 3.28.11
       1. The outer edge of the balcony or deck is closer than 15 feet to a side lot line; and
       2. The balcony would enhance a direct view into the back yard of single-family detached or
          single-family attached lot that abuts the lot proposed for development along the side lot
          line.

Division 5-4 Supplemental Standards for Nonresidential and Mixed
Uses
Sec. 5-4.1 Outdoor Display of Merchandise
 A. Generally. This Section sets out the standards that are applicable to permanent or seasonal
    (longer than 30 days) outdoor merchandise display areas.
 B. Display Areas that are Attached to Principal Buildings. Outdoor display areas that are attached
    to a principal building are permitted if it is demonstrated that the display areas are:
       1. Adjacent to a wall of a principal structure, and configured as a walled or decoratively
          fenced area;
       2. Within the buildable area of the parcel proposed for development;
       3. Not located in areas that are required or used for parking or vehicular circulation; and
       4. Not larger than the area set out in Table 5-4.1, Area of Outdoor Display of Merchandise.

                                               TABLE 5-4.1
                                  AREA OF OUTDOOR DISPLAY OF MERCHANDISE
Use                                                  Maximum Outdoor Display Area
Commercial Retail                                    15% of floor area of principal building
Heavy Retail - Home Centers Warehouse Clubs, and
                                                     33% of floor area of principal building
Superstores
Heavy Retail - All Others                            50% of lot area
Nurseries and Greenhouses                            Area within Building Envelope


 C. Sidewalk Displays. Displays are permitted on sidewalks that abut the principal building if it is
    demonstrated that:
       1. Merchandise is displayed to a height of eight feet or less;
       2. There is at least five feet of clear width on the sidewalk for use by pedestrian traffic;
       3. All sidewalk merchandise displays are within 40 feet of an entrance to the principal use, or
          located in the area defined by the forward projection of the side walls of the use,
          whichever is a smaller display area; and
       4. The sidewalk is not within a public right-of-way, or the sidewalk is located within the CBD
          or AC district and the location of the display is approved by a revocable license agreement.




DRAFT 3.28.11                                        133
 D. Passenger Motor Vehicle Sales or Rental and Heavy Vehicle, Watercraft, or Aircraft Sales or
    Rental. Where outdoor display of vehicles or construction / heavy equipment is allowed and
    provided, vehicles and equipment may only be displayed on paved areas of the parcel proposed
    for development. Such merchandise shall not occupy or obstruct required parking spaces.
 E. Other Displays. Heavy retail (except home centers, warehouse clubs, and superstores),
    nurseries, and greenhouses, may display merchandise outside within the building envelope of
    the lot. Display areas shall be indicated on the site plan, shall not interfere with parking and
    vehicular circulation areas, and shall not occupy landscape areas that are used to meet
    landscaping requirements.

Sec. 5-4.2 Fences and Garden Walls
 A. Generally. This Section sets out the standards for fences and garden walls on nonresidential and
    mixed-use parcels proposed for development. In some instances, these standards may be
    superseded by the requirements of Article 9, Landscaping, BUffering, and Tree Protection; or
    other applicable bufferyard requirement (e.g., a limited or conditional use standard), which may
    require a fence or wall that is taller than the maximum height allowed by this Section.
 B. Height. No fence or garden wall on a parcel used for nonresidential or mixed-use purposes shall
    exceed the height set out in Table 5-4.2A, Maximum Height of Fences and Garden Walls.

                                         TABLE 5-4.2A
                            MAXIMUM HEIGHT OF FENCES AND GARDEN WALLS
                                                            Maximum Height In:
                                                                                                    Lot Lines
Zoning District                                         Rear Yard, No   Rear Yard,   Rear Yard,
                              All Street                                                            Abutting
                                           Side Yards     Abutting       Abutting     Abutting
                                Yards                                                              Residential
                                                            Alley         Alley       Arterial
                                                                                                    Districts
                                 4 ft.        6 ft.          6 ft.         6 ft.        6 ft.         8 ft.
                                 3 ft.        4 ft.          8 ft.         4 ft.        6 ft.         8 ft.
                                 4 ft.        4 ft.          8 ft.         4 ft.        6 ft.         8 ft.
                                 6 ft.        8 ft.          8 ft.         6 ft.        6 ft.         8 ft.


 C. Setbacks.
       1. Adjacent Sidewalks. All fences and garden walls shall be set back at least 2 feet from the
          edge of the sidewalk in the public right-of-way or 0 feet from the property line, whichever
          is the greater setback.
       2. Bufferyards. Fences and garden walls that are part of required bufferyards shall be set back
          such that not less than 60 percent of the large trees, 80 percent of the small trees, and 100
          percent of the required shrubs may be installed on the outside of the fence or wall.
 D. Fence Design. Where used, fences shall be designed as follows:
       1. Open picket fences that are located in front yards or street side yards shall be designed
          such that not less than 40 percent of the face of the fence is transparent.




                                                      134                                         DRAFT 3.28.11
     2. Fences in street yards of AC and CBD districts shall be composed of ornamental metal
        (wrought iron, powder coated aluminum, or comparable quality material), or a
        combination of masonry (e.g., posts or foundation support) and metal. Such fences shall
        be more than 75 percent transparent.
     3. Fences in the OS district shall be post and rail construction, except where another design is
        necessary for demonstrated security purposes.
 E. Orientation. The finished side of all fences shall face out toward neighboring property or
    adjacent rights-of-way.
 F. Materials.
     1. Materials shall be durable, high-quality materials used for commercial application,
        including: weather resistant wood species, split rail, wood treated with U.S. Environmental
        Protection Agency approved preservatives, painted wood, composite materials,
        ornamental wrought iron or powder-coated aluminum, brick, and stone.
     2. Chain link fences are permitted, if:
          a. In the AG, CG, or BP districts, the chain link is only used in side and rear yards that are
             not also street yards, is coated with vinyl or other durable non-metallic coating, and
             either:
                i.    The lot line closest to the fence is not also a residential district boundary; or
                ii.   The fence is part of a landscaped bufferyard that includes a hedge and / or berm
                      between the fence and the lot line that obscures the fence, and the fence is
                      colored to blend in with the vegetation.
          b. In the IL and IH district, the chain link fence is not visible from another zoning district
             or from an arterial street.
     3. The following are prohibited fencing materials:
          a. Scrap lumber, plywood, sheet metal, plastic, or fiberglass sheets;
          b. Glass, spikes, nails, or other sharp point or instrument on the top or sides of fences.
     4. The following are prohibited materials in all districts except AG: barbed wire (except as
        provided in subsection F.5., below), welded wire, agricultural fencing, and chicken wire.
     5. Barbed wire cradles facing inward toward the property may be placed on top of fences
        enclosing public utility buildings, protective care facilities, prisons, industrial properties, or
        wherever the Director finds that such measures:
          a. Are necessary to address a demonstrated security interest; and
          b. Comparable security cannot be provided using vegetation (e.g., trees and / or shrubs
             with thorns).




DRAFT 3.28.11                                        135
Article 6 Site Design Standards
Division 6-1 Purpose and Application of Article
Sec. 6-1.1 Purpose of Article
A. Generally. This Article sets forth regulations for the substantive review of subdivision plats and
   site plans. These regulations are to be considered in addition to the other applicable regulations
   of this MDC.
B. Purposes. The purposes of this Article are to:
     1. Ensure that new development is consistent with the policies of the Foresight McAllen
        Comprehensive Plan, including policies related to the ;
     2. Provide for the harmonious development of the City, for the coordination and alignment
        of streets within subdivisions with other existing or planned streets, or with other features
        of the City;
     3. Provide for appropriate open space for recreation, public facilities, light, and air;
     4. Ensure conformance of development plans with the capital improvement program of the
        City;
     5. Ensure that development is compatible with and properly integrated into existing and
        future neighborhoods;
     6. Ensure that subdivisions and subdivision improvements are designed to:
          a. Reduce potential impacts on street congestion by:
              i.    Providing alternative travel routes;
              ii.   Promoting alternative modes of transportation;
             iii.   Shortening journey to work trips; or
             iv.    Lessening overall vehicle miles traveled;
          b. Promote the orderly layout and use of land;
          c. Secure safety from fire and other dangers;
          d. Facilitate adequate provision of transportation, potable water, wastewater,
             drainage, schools, parks, playgrounds and other public requirements;
          e. Protect groundwater and surface water resources from contamination.
     7. Assure that facilities to be accepted and maintained by the local government are properly
        located and constructed.

Sec. 6-1.2 Application of Article
A. Generally. This Article applies to all development that is subject to a site plan or plat
   requirement.




                                                    136                                     DRAFT 3.28.11
 B. Extraterritorial Jurisdiction. Division 6-2, Site Design Principles, and Division 6-3, Subdivisions,
    Streets, Sidewalks, and Trails, apply to all subdivisions within the ETJ. See Tex. Local Gov't Code
    § 212.003, Extension of Rules to Extraterritorial Jurisdiction.

Division 6-2 Site Design Principles
Sec. 6-2.1 Lots
 A. Generally.
      1. New lots shall be dimensioned according to the requirements of Article 4, Development
         Yield and Lot Standards, or as modified by Section 4-1.3, Condominium and Alternative
         Land Ownership Patterns. The size, shape, and orientation of lots shall be appropriate to
         the location of the proposed development and to the type of development contemplated.
         The lots shall provide an adequate buildable area for the development that is
         contemplated.
      2. Lots are required to be platted unless specifically exempted by this MDC. Lots shall be of
         appropriate size and arrangement to provide for adequate off-street parking, loading
         facilities, landscaping, and other required site improvements or open space / landscaped
         areas. No lot shall be created for any nonresidential use that has an area, width, or depth
         that is less than required to accommodate the use and all site requirements under this
         MDC.
 B. Shape. Side lot lines shall be approximately at right angles to the centerlines of abutting streets.
    Alternative configurations may be approved in order to accomplish a public purpose, such as
    the preservation of natural resources.
 C. Access and Frontage.
      1. Frontage Width.
           a. The width of required frontage (except on arterial streets) shall not be less than
              the required lot width.
           b. The required frontages along arterial streets are established by Section 7-2.3,
              Minimum Arterial Frontage.
      2. Residential Lots (except mixed-use and multifamily).
           a. Generally, new single-family detached, single-family attached, multiplex, and live-
              work residential lots shall front only on minor streets. Alternatively, such lots may
              front on common open spaces, provided that vehicular access taken from alley
              segments that serve not more than 12 dwelling units. Through lots shall take access
              from the side from which the address is assigned.
           b. Manufactured home lots may front on minor streets or private streets within a
              manufactured home park.




DRAFT 3.28.11                                      137
     3. Nonresidential, Mixed-Use, and Multifamily Lots. Nonresidential, mixed-use, and
        multifamily lots that take access from collector or arterial streets shall provide adequate
        maneuvering area for automobile turnaround.
D. Through Lots. Through lots for single-family detached, single-family attached, multiplex, and
   live-work residential lots are not allowed. Where residential development is bounded by one or
   more arterial streets, lots shall be separated from the arterial street rights-of-way by a
   bufferyard that is owned and maintained by a property owners' association.
E. Orientation to T-Intersections. The building envelope of lots at the terminal end of a T
   intersection shall be offset from the centerline of the terminated street in order to mitigate the
   impacts of oncoming traffic on the use of the lots.
F. Drainage Ways. Lots shall not encroach on a drainage servitude or drainage right-of-way that is
   wider than five feet.
G. Areas of Special Flood Hazard. Residential lots that are intended for conveyance into private
   ownership shall be platted outside the designated areas of special flood hazard, unless such
   arrangement is not feasible (including through the use of a different neighborhood type that
   allows for smaller lots).

Sec. 6-2.2 Blocks
A. Generally. The length, width, and shape of blocks shall be determined with regard to the
   following:
     1. The provision of adequate building sites suitable to the particular needs of the type of use
        contemplated;
     2. The required lot widths and lot areas for the development;
     3. The need for convenient access, circulation, control, and safety of street traffic;
     4. The need to provide for mobility and accessibility for people who use alternative modes of
        transportation; and
     5. Limitations and opportunities of soils, natural resources, and uses or features that bound
        the parcel proposed for development.
B. Dimensions. Blocks shall be dimensioned according to the following standards:
     1. Blocks that are used to provide access to single-family detached and / or single-family
        attached uses shall be of sufficient width to allow two tiers of lots with appropriate lot
        depths (according to the lot widths and areas applied), unless such arrangement is not
        feasible.
     2. Generally, blocks that are used to provide access to residential uses shall not be longer
        than 800 feet. Blocks may be up to 1,200 feet in length if there is a mid-block pedestrian
        crossing to abutting blocks.




                                                  138                                         DRAFT 3.28.11
      3. Blocks for business or industrial use shall be of a width suitable for the intended use, with
         due allowance for off-street parking and loading facilities and other site improvements,
         landscape areas, and open space areas required by this MDC.
 C. Relationship to Existing Arterial and Collector Streets. Residential blocks shall be designed so
    that lots are not oriented for access from arterial or collector streets. Marginal access streets
    may be approved if necessary for the efficient layout of lots on a parcel proposed for
    development, provided that:
      1. Access to the marginal access street meets access management requirements of this MDC;
         and
      2. The following bufferyards are provided between the marginal access street and the
         abutting arterial or collector street:
           a. Collector streets: Type B bufferyard; and
           b. Arterial streets: Type C bufferyard.

Sec. 6-2.3 Design and Location of Common Open Spaces and Landscape Areas
 A. Generally. Generally, recreation areas, resource protection areas, and other accessible open
    spaces shall be integrated into the development design to bring significant open space to the
    maximum number of properties, as well as visibility from public rights-of-way within the
    proposed development. Visual or physical access to open spaces may be limited if such
    limitations would materially enhance natural resource management compared to a condition of
    more open access.
 B. Preservation of Existing Tree Stands or Exceptional Trees. Development shall be designed so
    that significant existing stands of native trees or exceptional mature trees in highly visible or
    ecologically important locations are preserved and located in designated open spaces whenever
    practicable. See Section 9-6.4, Tree Removal and Replacement, for specific
    requirements. Cluster and planned development options are available in many districts to
    facilitate such designs.
 C. Greenways. Open space shall be designed to provide greenways along drainage corridors,
    irrigation canals, and streams. Where not inconsistent with maintenance of drainage facilities,
    landscaping along waterbodies shall be designed to enhance stormwater quality, ecosystems
    and habitats.
 D. Urban Open Space. In RU, CBD, and AC districts, formal open spaces shall be designed to
    provide areas of focus within development. Landscaping and furniture for pedestrians shall be
    installed to enhance this effect.

Division 6-3 Mobility
Sec. 6-3.1 Street Design Objectives and Principles
 A. Generally. This Section contains the objectives and principles that are served by the standards
    of this Division. The application of standards of this Division shall be guided by these objectives.




DRAFT 3.28.11                                        139
B. Integration. New streets shall integrate into the existing street pattern so as to:
      1. Address the new development's circulation needs;
      2. Provide a pattern of streets that facilitates navigation; and
      3. Where higher-order functional classifications are involved, facilitate City-wide traffic
         movements.
C. Safety. New streets shall provide a safe and convenient layout and design.
D. Character. New streets and substantially improved existing streets shall correspond to and
   reinforce the community character of the district(s) in which they are constructed. Within TNDs
   and TODs, new streets shall be designed to reinforce the pedestrian environment and
   encourage use by pedestrians and bicyclists.
E. Natural Resources. Streets shall be located with appropriate regard for wetlands, waterbodies,
   wooded areas, and other features that:
      1. Would enhance the attractiveness and enduring value of development; and / or
      2. That are locally or regionally significant for their ecological or natural resource value.
F. Circulation and Through Traffic. Streets within subdivisions shall be designed as a system of
   circulation routes, so that the use of minor streets by through traffic will be discouraged.
G. Street Plans.
      1. Streets shall generally conform to the official Thoroughfare Plan as may be amended from
         time to time.
      2. If a special area plan has been adopted by the City for the vicinity of the proposed
         subdivision, the street system of the latter shall conform in general thereto.
H. Intersections. Streets shall intersect as nearly at right angles as possible.
I.   Half-Streets. Half streets are prohibited, except where necessary to complete a half street that
     was platted before the effective date.

Sec. 6-3.2 Functional Classifications
A. Generally. The following functional classifications are applied to streets in the City of McAllen:
      1. Freeway or Expressway
      2. High Speed Arterial
      3. Principal Arterial
      4. Minor Arterial
      5. Major Collector
      6. Collector
      7. Minor street




                                                    140                                      DRAFT 3.28.11
 B. Mapping. The functional classifications of individual streets are as shown on the City of McAllen
    Major Street Plan.

Sec. 6-3.3 Street Standards
 A. Access.
      1. Subdivisions with 30 or more lots, or multifamily developments with 50 or more dwelling
         units, shall have at least two access points to/from existing streets. If possible, these
         should be different streets.
      2. The street layout of a subdivision shall provide access to all subdivided lots and tracts
         which require vehicular access for maintenance. However, lots intended for single-family
         development shall not take access to collector or arterial streets.
      3. Street alignment within the subdivision shall utilize curves, islands, intersections, and / or
         other methods that allow adequate access but discourage speeding.
 B. Offsite Connectivity.
      1. Where existing alignments and existing development patterns make connections practical
         and useful, streets shall be extended to the boundaries of new development to provide for
         future connections to abutting properties at locations that allow for the efficient
         development of both properties.
      2. Wherever streets have been dedicated or platted on the adjacent properties for extension
         into or through a proposed development then those streets shall be connected and
         incorporated into the street layout of the proposed development.
      3. New streets shall align with and connect to existing stub-outs and approved streets (e.g.,
         stub-outs on the parcel proposed for development must be provided to meet streets
         shown on approved preliminary or final plats on abutting parcels) at equal or greater right-
         of-way width and comparable pavement width, unless:
           a. Such design would be impractical or would create incompatibility, after traffic
              calming and diversion techniques have been considered; or
           b. The functional classification of the street changes as it crosses the boundary of the
              parcel proposed for development.
 C. Right-of-Way and Pavement Widths.
      1. Generally, widths of rights-of-way shall conform to the widths specified in Section 6-3.5,
         Arterial and Collector Street Cross-Sections and Section 6-3.6, Minor Street Cross-Sections.
         However, where the major street plan provides a different width of right-of-way for a
         particular street, the major street plan controls.
      2. Where additional right-of-way is needed to obtain vertical curve, grade, clear sight
         triangles, turn lanes, or medians, the required right-of-way shall be adjusted to the extent
         necessary in accordance with local needs as determined by the City Engineer.




DRAFT 3.28.11                                      141
D. Half-Streets and Reserve Strips.
     1. Half Streets. Half streets are not allowed, except to complete abutting half streets that
        were dedicated before the effective date of this MDC.
     2. Reserve Strips. Reserve strips are not allowed.

Sec. 6-3.4 Private Streets
A. Generally. Private streets are allowed, subject to the standards of this Section. Unless otherwise
   specifically indicated, all references and regulations in this MDC to public rights-of-way also
   apply to private streets.
B. Size and Quality. Private streets shall meet City standards for public streets with respect to size,
   construction materials and engineering standards, and drainage.
C. No Termination of Existing or Planned Collector or Arterial Streets. Private streets shall not
   terminate existing or planned collector or arterial streets, unless it is demonstrated that:
     1. An alternative alignment is provided at no additional cost to the City;
     2. The alternative alignment does not substantially change the construction and maintenance
        costs to the City, or if the street is not maintained by the City, the jurisdiction that controls
        the street approves of the alternative alignment; and
     3. The functional characteristics of the alternative alignment will provide a level of service
        that is comparable to or better than the existing or planned alignment.
D. No Cut-Off of Planned Superblock Circulation. Private streets are not allowed where their use
   would:
     1. Prevent completion of a planned street network within a superblock; or
     2. Prevent the connection of the public street network at existing or approved stub-outs.
E. Required Access Easements.
     1. All private streets shall be subject to perpetual easements authorizing access for
        authorized emergency vehicles, public and private utility maintenance and service
        personnel, solid waste collection services, the U.S. Postal Service, and government
        employees in pursuit of their official duties.
     2. All gates or controlled access mechanisms are subject to the approval by the City, and any
        corrective action shall be the responsibility of the property owner or property owners
        association.
F. No Liability to City. The City shall bear no responsibility or liability in connection with the
   removal or destruction of any gate or other controlled access mechanism while engaged in an
   emergency action.
G. Delineation on Plat. The City may require that the area of private streets be established as a lot,
   lots or an easement on the final plat of the parcel proposed for development.




                                                   142                                       DRAFT 3.28.11
 H. Posting. Private streets shall be posted "Private Street" at points of intersection with public
    streets. Private street name identification signs shall be white with black lettering.
 I.   Location of Gates. Gates shall be located to allow for adequate stacking distances to avoid
      interrupting traffic on collector or arterial streets during hours of peak traffic flow into the
      proposed development. Such distances may be achieved by setting back the gates or providing
      a deceleration lane, or both.
 J.   Maintenance. Private streets shall be maintained by a homeowners' association that is created
      according to the standards of Section TBD. Private streets shall be posted "Private Street" at
      points of intersection with public streets.

Sec. 6-3.5 Arterial and Collector Street Cross-Sections
 A. Generally. The cross-sections of arterial and collector street shall be according to Table 6-3.5,
    Arterial and Collector Street Specifications. The cross-sections shall be arranged as illustrated in
    Figure          6-3.5,          Cross-Section          Arrangement            (Plan           View).

      DRAFTER'S NOTE: THIS TABLE IS SUBJECT TO CHANGE AFTER REVIEW BY CITY ENGINEER.

                                                       TABLE 6-3.5
                                       ARTERIAL AND COLLECTOR STREET SPECIFICATIONS
                          Collector (entirely
                                                      Collector (any zoning
Street Type               within residential                                      Minor Arterial            Principal Arterial
                                                      district)
                          zoning districts)
Right-of-Way Width
                          60 ft.                      60 ft.                      100 ft.2                  120 ft.2
(A)1
Travel Lanes (G)          2 x 11 ft. lanes            2 x 12 ft. lanes            4 x 12 ft. lanes          4 x 12 ft. lanes
Median / Center Turn                                                              9 ft. median / center     14 ft. median / center
                          8 ft. center turn lane      8 ft. center turn lane
Lane (H)                                                                          turn lane                 turn lane
Bicycle Lanes (F)         2 x 4 ft. bicycle lanes     2 x 4 ft. bicycle lanes     2 x 4 ft. bicycle lanes   2 x 4 ft. bicycle lanes
Sidewalks (C)             2 x 6 ft. sidewalks         2 x 5 ft. sidewalks         2 x 10 ft. sidewalks      2 x 10 ft. sidewalks
                                                                                  2 x 6.5 ft. planting
Planting Strip (D)        2 x 4.ft. planting strips   2 x 4 ft. planting strips                             2 x 14 ft. planting strips
                                                                                  strips
Curb (E)                  6 in. curb                  6 in. curb                  6 in. curb                6 in. curb
Sidewalk Construction
                      6 in.                           6 in.                       6 in.                     6 in.
Easement (B)
TABLE NOTE:
1
  Letters in parentheses indicate corresponding part of Figure 6-3.5, Cross-Section Arrangement.
2
  Or as provided in the major street plan for particular arterials. See Section 6-3.2, Street Standards.




DRAFT 3.28.11                                                      143
                                                    FIGURE 6-3.5
                                       CROSS-SECTION ARRANGEMENT (PLAN VIEW)




KEY:
A = right-of-way width
B = sidewalk construction easement
C = sidewalk
D = planting strip
E = curb
F = bicycle lane
G = travel lane(s) (each "G" is one lane in 2-lane street configurations; each "G" is 2 lanes in 4-lane street configurations)
H = median and / or center turn lane


 B. On-Street Parking. In general, parking lanes are not allowed on collector and arterial
    streets. However, the City Engineer may approve alternative cross-sections for TNDs and
    TODs that provide for on-street parking upon a finding that such configurations do not
    compromise public safety or efficient circulation. In such cases, the on-street parking shall
    be located between the curb and the bicycle lane.

Sec. 6-3.6 Minor Street Cross-Sections
The cross-section of minor streets shall be dependent upon the zoning district and the ultimate
function of the street, as set out in Table 6-3.6, Minor Street Specifications. The cross-sections shall
be arranged as illustrated in Figure 6-3.6, Cross-Section Arrangement (Plan View).

                                                         TABLE 6-3.6
                                                  MINOR STREET SPECIFICATIONS
                                                                                            One-Way              Two-Way
                                                           Way (no           Way (on-street
Minor Street Type      Yield Street      Court                                              Residential          Residential
                                                           parking)          parking)
                                                                                            Street               Street
Maximum Number
of
                       6                 14                30                30                Any               Any
Dwelling Units
Accessed
Minimum Lot
                                                                             Per District      Per District      Per District
Frontage Along         90 ft.            90 ft.            60 ft.
                                                                             Standards         Standards         Standards
Street
District or
                   AG; RE; RS; or        AG; RE; RS; or    AG; RE; RS; or
Development                                                                  All Districts     All Districts     All Districts
                   TND                   TND               TND
Type Where Allowed




                                                                144                                                DRAFT 3.28.11
                                                        TABLE 6-3.6
                                                 MINOR STREET SPECIFICATIONS
Right-of-Way Width
    1              50 ft.               50 ft.            50 ft.             50 ft.            40 ft.             60 ft.
(A)
Type of Traffic
                      Yield, Two-Way Slow, Two-Way Slow, Two-Way Slow, Two-Way Slow, One-Way Slow, Two-Way
Movement
Design Speed          15 mph            15 mph            20 mph             20 mph            25 mph             25 mph
Travel Lanes (G)      2 x 7 ft. lanes   2 x 9 ft. lanes   2 x 12 ft. lanes   2 x 8 ft. lanes   1 x 12 ft. lanes   2 x 10 ft. lanes
                                                                             2 x 7 ft. parking 1 x 7 ft. parking 2 x 7 ft. parking
Parking Lanes (F)     none              none              none
                                                                             lanes             lane              lanes
                      4 ft.             4 ft.             4 ft.
                                                                             2 x 5 ft.         2 x 5 ft.          2 x 5 ft.
Walkway Type (C)      meandering        meandering        meandering
                                                                             sidewalk          sidewalk           sidewalk
                      path in swale     path in swale     path in swale
Sidewalk
Construction          none              none              none               6 in.             6 in.              6 in.
Easement (B)
Planting Strip Type                                                          2 x 4 ft.         2 x 4.5 ft.        2 x 7 ft.
                      2 x 18 ft. swale 2 x 16 ft. swale 2 x 13 ft. swale
(D)                                                                          planting strip    planting strip     planting strip
Curb Type (E)         none              none              none               6 in. curb        6 in. curb         6 in. curb
Curb Radius           25 ft.            25 ft.            25 ft.             15 ft.            15 ft.             15 ft.
                                                                                               Applicant must
                                                                                               demonstrate:
                                                                                               need for one-
Other Limitations on                                                                           way
                     NA                 NA                NA                 NA                                NA
Use                                                                                            configuration
                                                                                               or benefit to
                                                                                               circulation and
                                                                                               public safety
TABLE NOTE:
1
  Letters in parentheses indicate corresponding part of Figure 6-3.6, Cross-Section Arrangement.




DRAFT 3.28.11                                                  145
                                                 FIGURE 6-3.6
                                    CROSS-SECTION ARRANGEMENT (PLAN VIEW)




KEY:
A = right-of-way width
B = sidewalk construction easement (some street types do not have this element)
C = sidewalk(C and D are combined where the walkway type is a meandering path)
D = planting strip
E = curb (some street types do not have this element)
F = parking lane (some street types do not have this element)
G = travel lane


Sec. 6-3.7 Sidewalks and Paths
 A. Generally. Sidewalks or paths are required along both sides of all new streets (as provided in
    Section 6-3.5, Arterial and Collector Street Cross-Sections and Section 6-3.6, Minor Street Cross-
    Section), and all existing streets that bound a parcel proposed for development that is subject to
    an application for new development, redevelopment, or substantial improvements.
 B. Location of Sidewalks.
       1. Sidewalks shall be provided in the area between the right-of-way line and the edge of
          pavement.
       2. Along new streets, the outer boundaries of sidewalks shall be located in the platted street
          right-of-way. Sidewalks may meander into the landscape strip to protect the root systems
          of mature trees.
       3. Walks may also be installed in pedestrian (or sidewalk) easements.
 C. Composition of Sidewalks and Paths. Sidewalks and paths shall be constructed with concrete,
    according to standards promulgated by the City Engineer.
 D. Completion of Sidewalk Networks.
       1. The applicant shall install sidewalks (where sidewalks are required but do not exist), or
          bring existing substandard sidewalks to the standards of this MDC and the Texas
          Accessibility Standards, when a building permit is issued for:
             a. A new principal building; or
             b. An expansion of an existing building by more than five percent of its floor area or 600
                square feet, whichever is greater.




                                                           146                             DRAFT 3.28.11
      2. Adequate provisions shall be made to ensure the timely completion of the sidewalk
         network associated with new streets and new development. Perimeter sidewalks and
         sidewalks in common areas shall be completed prior to recording of the plat. Sidwalk
         segments that abut private lots shall be completed as a condition of issuance of a
         certificate of occupancy for the abutting lot.
      3. Where compliance with this subsection requires construction on private property,
         appropriate easements shall be granted as necessary for the use and maintenance of
         sidewalks.
 E. Design of Sidewalks. Sidewalks and paths (including ramps and routes) shall be designed in
    accordance with the requirements of the Texas Accessibility Standards.

Sec. 6-3.8 Alleys
 A. Generally. New alleys are allowed only as provided in this Section.
 B. Public Alleys. Alleys are allowed for public dedication if all of the following conditions are
    present:
      1. The lots that rear on the alleys have a lot width that is 40 feet or less;
      2. The alleys provide vehicular and service access to the lots;
      3. The lots do not take vehicular access from the street;
      4. The lots are located in a TND or TOD, or in the RU district; and
      5. The street is configured for on-street parking.
 C. Private Alleys. Private alleys are allowed in any residential zoning district, provided that:
      1. The alleys are constructed to City engineering standards adn the geometric standards of
         this Section;
      2. The alleys are tracts that are owned and maintained by the property owners' association
         with mandatory membership and lien rights for association dues, according to the
         standards of Section TBD;
      3. The alleys are subject to easements for private and public utility providers, emergency and
         city services vehicles;
      4. The alleys are not gated;
      5. The alleys are posted at all points of vehicular entry with a sign that states that it is
         privately owned and maintained;
      6. The alleys are configured so that they do not intersect with collector or arterial streets;
         and
      7. Solid waste pickup facilities are provided at the street end of the alley.
 D. Alley Design.




DRAFT 3.28.11                                       147
    1. Alley Width. Alleys shall be 20 feet wide with 16 feet of pavement width (including curb) in
       the middle and a two-foot wide utility easement on each side of the pavement.
    2. Orientation. Generally, alleys shall run parallel to the streets that provide frontage to the
       lots that they serve. However, "T" and "L" configurations are allowed to avoid intersections
       between alleys and collector or arterial streets or to create additional buffer
       distance between residential and nonresidential or mixed-use zoning districts. See Figure
       6-3.8A, Alley Configuration (Plan View).
    3. Curves and Turnouts. The geometry of curves and turnouts shall be approved by the
       Director in consultation with the City Engineer and the Fire Department.

                                         FIGURE 6-3.8A
                                ALLEY CONFIGURATION (PLAN VIEW)




E. Dead-ends, Turnarounds, and Cul-de-Sacs. Alleys shall not terminate in a dead-end,
   turnaround, or cul-de-sac unless:
    1. The alley is privately owned by a property owners' association and meets the requirements
       of subsection C., above;
    2. The alley provides access to not more than 8 dwelling units that front on shared open
       space (instead of streets); and
    3. The Director, in consultation with the City Engineer and Fire Department, determines that
       adequate access and turnaround area is provided for public safety purposes.




                                                148                                     DRAFT 3.28.11
                                           FIGURE 6-3.8B
                                          DEAD-END ALLEYS




                                                                           (not to scale)




Sec. 6-3.9 Street Intersections, Curves and Offsets
 A. Generally. Street intersections and offsets shall be designed according to the standards of this
    Section.
 B. Angle of Intersection. All street intersections shall be at right angles. However, where natural
    resources, soils, or other site conditions justify variations from right angles, intersections
    between 70 degrees and 110 degrees are allowed, provided that the intersection is as close to
    90 degrees as feasible. Turn lanes may be required to provide for safe turning movements at
    acute angles.
 C. Intersections with Railroad Tracks.
      1. Street intersections with railroad tracks shall be designed to allow for the safe crossing of
         bicycles at angles as close to 90 degrees as feasible, but not less than 45 degrees nor more
         than 135 degrees.
      2. Tracks shall intersect streets at grade. Compressible flangeway fillers or comparable
         devices to reduce the gap between the track and the street pavement shall be installed if
         necessary to ensure safe bicycle and wheelchair crossing.
      3. Bicycle crossings may be implemented by separating the bicycle lane from the street or
         bulbing out the shoulder to allow for a bicycle to cross at a right angle. See Figure 6-3.9A,
         Illustrative Bicycle Crossing.




DRAFT 3.28.11                                     149
                                            FIGURE 6-3.9A
                                    ILLUSTRATIVE BICYCLE CROSSING




D. Spacing of Intersections.
    1. Opposite Sides of the Street. Streets that intersect on opposite sides of another street shall
       either be directly across from each other or offset by at least 125 feet from centerline to
       centerline. See Figure 6-3.9B, Spacing on Opposite Sides of the Street.

                                           FIGURE 6-3.9B
                               SPACING ON OPPOSITE SIDES OF THE STREET




    2. Same Side of the Street. Streets that intersect on the same side of another street shall be
       separated by at least 300 feet from centerline to centerline. See Figure 6-3.9C, Spacing on
       Same Side of the Street.

                                           FIGURE 6-3.9C
                                 SPACING ON SAME SIDE OF THE STREET




                                                  150                                    DRAFT 3.28.11
 E. Curves. Curves on collector and local streets shall meet the minimum radii set out in Table 6-
    3.9, Minimum Curve Radii.

                                                  TABLE 6-3.9
                                              MINIMUM CURVE RADII
Type of Street           Minimum Radius Control
Collector                400 ft.
Local                    200 ft.; or 125 ft. where superelevation is practical


 F. Street Jog Offsets. The offset of the centerlines of jogs in minor street alignments (see Figure 6-
    3.9D, Street Jog Offsets) shall be at least 125 feet. Arterial and collector streets shall have
    continuous alignment, with curvature (where necessary to conform to the Thoroughfare
    Plan) that conforms to standards and specifications promulgated by the City Engineer.

                                                  FIGURE 6-3.9D
                                                STREET JOG OFFSETS




Sec. 6-3.10 Cul-De-Sacs, Dead Ends, and Turnarounds
 A. Generally. Dead ends and turnarounds are not allowed except as provided in subsection C.,
    below. Cul-de-sacs are allowed only as provided in this Section.
 B. Cul-de-sacs. Cul-de-sacs shall meet all of the following standards:
        1. The maximum length of the cul-de-sac street shall be not more than the maximum length
           set out in Table 6-3.10, Maximum Cul-de-Sac Length. The length of the cul-de-sac street
           shall be measured from a point beginning at the intersection of the cul-de-sac street
           centerline with the projection of the intersecting street's curb line, along the centerline of
           the cul-de-sac street to the cul-de-sac, and directly through the cul-de-sac to its furthest
           point from the point of beginning. See Figure 6-3.10A, Measurement of Cul-de-Sac Length.




DRAFT 3.28.11                                              151
                                                   TABLE 6-3.10
                                             MAXIMUM CUL-DE-SAC LENGTH
Development Served by Cul-de-Sac                                                            Maximum Length
Fewer than 20 residential units, or other uses that, in total, generate less than 200 ADT   600 ft.
20 or more residential units or other uses that, in total, generate 200 or more ADT         500 ft.


                                                 FIGURE 6-3.10A
                                         MEASUREMENT OF CUL-DE-SAC LENGTH




       2. The minimum radii of cul-de-sacs shall be at least:
              a. Residential: 40 ft. pavement; 50 ft. right-of-way
              b. Nonresidential: 90 ft. pavement; 100 ft. right-of-way
       3. Driveways that connect to the cul-de-sac shall be separated at the curb cut by at least:
              a. Residential: 3 ft. on one side and 40 ft. (distance along curve) on the other side. See
                 Figure 6-3.10B, Spacing of Cul-de-sac Driveway Connections.
              b. Shared Residential: 30 ft. on both sides.
              c. Nonresidential: 5 ft. on one side and 40 ft. (distance along curve) on the other side.




                                                               152                                    DRAFT 3.28.11
                                          FIGURE 6-3.10B
                           SPACING OF CUL-DE-SAC DRIVEWAY CONNECTIONS




     4. On residential cul-de-sacs, pedestrian and bicycle access shall be provided from the cul-de-
        sac end to existing and proposed sidewalks and bicycle facilities that are located (or
        planned to be located) within two tiers of lots from the cul-de-sac. See Figure 6-3.10C, Cul-
        de-Sac Pedestrian and Bicycle Connections. Unless accepted into the City's sidewalk and
        trail system by the City Council, these facilities shall be maintained by the property owners'
        association.
     5. Where the applicant does not control all of the property between the cul-de-sac and the
        street or trail that is necessary to create the connection, the access through the
        development shall be dedicated in anticipation of connecting the access at a later date
        when the adjacent property is developed or redeveloped. See Figure 6-3.10C, Cul-de-Sac
        Pedestrian and Bicycle Connections.

                                         FIGURE 6-3.10C
                          CUL-DE-SAC PEDESTRIAN AND BICYCLE CONNECTIONS




DRAFT 3.28.11                                    153
      6. Cul-de-sacs that terminate residential streets shall have a landscaped island at the center,
         planted with no fewer than two large trees. The landscape island shall be irrigated and
         maintained by the property owners' association.
 D. Temporary Turnarounds. Dead end streets that are planned for extension to connect to future
    development shall terminate in a temporary turnaround with a 50 foot radius, which allows for
    emergency vehicles to turn around without backing (T and Y-shaped turnarounds are not
    allowed). The turnaround shall have a paved surface and a base that meets the requirements
    for a public street. A gravel surface may be allowed if the temporary turnaround will be in use
    for less than 12 months and security is provided to pave the turnaround if the anticipated
    connection is not made within 12 months.

Sec. 6-3.11 Bicycle Routes and Bicycle Lanes
 A. Generally. The City Commission finds that on-street bicycle facilities are an important
    component of the creation of a "complete streets" transportation network that provides safe
    access and movement to all users at all ability levels. When the City has an adopted Master
    Bicycle Plan or other transportation plans that incorporate bicycle circulation, then the adopted
    plans shall be implemented according to this Section.
 B. Bicycle Routes. Planned bicycle routes shall be designated on all site plans and plats, and shall
    be posted on minor streets that are used as bicycle routes upon completion of the proposed
    development.
 C. Bicycle Lanes. Bicycle lanes are required along new arterial and collector streets for which
    bicycle facilities are shown in an adopted plan (see subsection A., above), All bicycle lanes shall
    be posted and striped.

Sec. 6-3.12 Sight Distances and Sight Triangles
 A. Generally. Sight distances and sight triangles identify areas that must be kept clear from
    obstructions in order to ensure the safe operation of streets. Sight distances are used to ensure
    that drivers have sufficient time to identify and appropriately react to hazards. Sight triangles
    are used to ensure safe turning movements.
 B. Sight Distances. Sight distances shall be established by the City Engineer according to the
    guidelines set out in the Roadway Design Manual, published by the Texas Department of
    Transportation, Effective May 1, 2010, as may be amended from time to time.
 C. Sight Triangles. Sight triangles shall be provided and maintained at intersections in accordance
    with Section 94-56, McAllen Code of Ordinances.

Sec. 6-3.13 Transit Stops
Site plans and plats shall be referred to the municipal transit provider for review. Transit stops shall
be provided according to the requirements of official transit plans.




                                                   154                                      DRAFT 3.28.11
Division 6-4 Utilities
Sec. 6-4.1 Underground Utilities Required
 A. Generally. All new utility lines (e.g., electrical, phone, cable, fiber to the home, water, and
    sewer) shall be located underground, except electric transmission lines.
 B. Arrangement of Utilities. Utilities shall be arranged and located according to the requirements
    of McAllen Public Utility or other applicable utility service provider.
 C. Upgrades.
      1. Where above-ground utilities must be upgraded to serve development or redevelopment,
         they shall be relocated underground along the boundaries of the parcel proposed for
         development.
      2. This requirement may be waived in order to protect significant natural resources or
         mature vegetation if the application of the requirement would necessarily result in their
         significant degradation or destruction.

Sec. 6-4.2 Water Supply
 A. Generally. Water supply for new development shall be sufficient to provide for the
    development's potable water demand, irrigation needs, and fire protection needs. Water shall
    be supplied using fire-rated lines that are acceptable to the Fire Department, and installed to
    the specifications of McAllen Pulic Utilities or other applicable water service provider.
 B. Capacity. Applicants for approval of new development, or changes to existing development that
    the utility manager finds are likely to involve material additional water demand, shall submit
    certification from the water service provider that capacity is available to serve the proposed
    development.
 C. Water Supply and Distribution. All development shall be provided with a water supply and
    distribution system approved by the utility manager as consistent with the standards developed
    by the Texas Commission on Environmental Quality ("TCEQ") as set out in 30 TAC Chapter 290.
    Water wells or non-public water systems which do not meet the water quality standards
    developed by the TCEQ and set out in 30 TAC Chapter 290 are prohibited.
 D. Fire Hydrants. Standard hydrants shall be installed as part of the water distribution system as
    approved by the water supplier with the certificate of convenience and need ("CCN") for the
    area including the subdivision where fire rated water lines are provided. A contractual
    agreement between the owner and the City shall be required for the provision of hydrants in
    areas without fire rated water lines.
 E. Transfer from SWSC's CCN. All subdivisions located in areas which are within the CCN
    responsibility of Sharyland Water Supply Corporation ("SWSC") and for which there is an
    agreement between the City and SWSC for transfer of SWSC's CCN to the City's CCN, will be so
    transferred to the City's CCN upon the payment by the developer of the cost to be paid to SWSC
    therefor. In the case where the City or utility board has already provided for the transfer of the




DRAFT 3.28.11                                     155
    CCN from SWSC to the City, then the developer will reimburse the City or utility board for the
    pro rata costs of such transfer.
F. Water Meters. Water meters shall be required from the developer as part of the water supply
   and distribution system for subdivisions located outside of the corporate limits. Water meters
   shall be required from the property owner at the time of issuing a building permit for
   construction on lots in subdivisions located within the corporate limits.

Sec. 6-4.3 Sanitary Sewers
A. Generally. Sanitary sewer service for new development shall be sufficient to provide for the
   development's demand for such service. Sanitary sewer lines shall be installed to the
   specifications of the sanitation district.
B. Capacity. Applicants for approval of new development, or changes to existing development that
   the Director finds are likely to involve material additional sanitary sewer demand, shall submit
   certification from the sewer service provider that capacity is available to serve the proposed
   development.
C. Connection Required. All development except agricultural development shall be connected to
   the McAllen Public Utilities Sewage Collection and Disposal System. However, the Utility
   Manager and McAllen Public Utility Board may determine that a separate system may be used,
   if:
     1. The utility manager determines that the use is consistent with the standards developed by
        the Texas Commission on Environmental Quality ("TCEQ") as set out in 30 TAC Chapters
        305 and 317 and in Health Safety Code, Chapter 366;
     2. The utility manager recommends and the McAllen Public Utility Board determines that a
        separate system may be used;
     3. The system is approved in writing to the City by TCEQ and the state health department
        prior to approval of the final plat by the planning and zoning commission; and
     4. The system has a waste control order.

Sec. 6-4.4 On-Site Wastewater Systems
A. Generally. On-site sewage disposal systems (on-site systems) may be permitted in the
   extraterritorial jurisdiction or in the City limits, upon approval of the McAllen Public Utilities
   Board of Trustees, in a subdivision with lots, or on individual tracts, for one of the following
   reasons:
     1. Economic Hardship. On-site systems may be allowed for economic hardship caused by
        distance from existing facilities, and where the applicant is able to demonstrate that
        compliance with the subdivision requirements has not been circumvented by piecemeal
        metes and bounds conveyances.
     2. Large Lots. On-site systems may be allowed on lots:
          a. Of one acre or greater in lot area; or




                                                 156                                     DRAFT 3.28.11
           b. With at least 100 feet of frontage along an existing dedicated public right-of-way.
      3. County Approvals. On lots where a septic tank/drainfield has been constructed to county
         standards; and
      4. Future Sewer Extensions. On lots where the owner of the property executes and delivers a
         contractual agreement for the extension of sewer utility lines as provided under section
         TBD.
 B. Standards.
      1. The City of McAllen adopts the Rules ("Design Criteria for On-Site Sewage Facilities") and
         Administrative Rules TAC 285.1, 285.91, which are on file with the utility manager and the
         City Engineer of the City of McAllen and as such rules and criteria are promulgated by the
         Texas Commission on Environmental Quality ("TCEQ") for on-site sewage systems.
      2. Any owner of a structure discharging sewage into an on-site sewage facility within the
         jurisdiction area of the City of McAllen must comply with the rules adopted in subsection
         B.1., above.
      3. The designated representative for enforcement of the rules is a registered sanitarian
         employed by the McAllen Health Department.
 C. Prohibitions.
      1. Pit privies and portable toilets are prohibited.
      2. Onsite sewerage facilities that do not meet wastewater treatment standards as developed
         by TCEQ as set out in 30 TAC Chapter 285 are prohibited.

Sec. 6-4.5 Drainage
 A. Generally. Drainage systems shall conform to the policies of this Section.
 B. Drainage Report.
      1. Subdivision and site plan applications shall be accompanied by a drainage report, which
         shall include at a minimum the following information:
           a. A cover sheet with the name of the subdivision and the contact information for the
              engineering firm that prepared the drainage report;
           b. A summary sheet that shows:
                i.    Project location;
                ii.   Existing/proposed conditions;
              iii.    Location with respect to areas of special flood hazard;
              iv.     Existing and proposed runoff estimations;
                v.    Storm drainage detention estimations;
              vi.     Soil data information; and




DRAFT 3.28.11                                         157
             vii.   Direction of flow;
          c. A drainage area map that shows:
               i.   Delineation of all contributing areas;
              ii.   Contours;
             iii.   Spot elevations;
             iv.    Direction of flow;
              v.    Right of way / property lines and dimensions; and
             vi.    Existing and proposed storm sewer system, including outfall; and
          d. A calculations sheet that shows:
               i.   Time of concentration estimates;
              ii.   Runoff coefficient assumptions; and
             iii.   Storage volume calculations.
     2. Drainage reports are subject to review and approval by the City Engineer and Hidalgo
        County Drainage District No. 1.
C. Easements. Where a lot or parcel proposed for development is traversed by a watercourse,
   drainageway, natural channel or stream, or where there is a necessity for such, there shall be
   provided an easement or right-of-way conforming substantially to the limit of such watercourse,
   plus additional widths to accommodate future needs.
D. Drainage Facilities. Drainage facilities shall be provided and constructed at the expense of the
   applicant pursuant to the city drainage policy and as specified by the City Engineer. The
   applicant shall be solely responsible for the design and installation of drainage facilities, so as to
   prevent flooding or like damage to any adjoining property.




                                                   158                                       DRAFT 3.28.11
Article 7 Off-Street Parking; Loading; Access; and
Circulation
Division 7-1 Parking, Loading, and Circulation Standards
Sec. 7-1.1 Calculation of Required Parking Spaces
 A. Generally. Section 7-1.2, Required Parking Spaces, sets out the number of parking spaces that
    are required for each land use that is listed in Division 2-3, Land Use. The number of parking
    spaces is based on one or more independent variables, which are measured as provided in this
    Section.
 B. Independent Variables. The independent variables for parking calculations are measured as
    follows:
     1. Per sf. PFA. The phrase "per sf. PFA" means that the number of parking spaces is calculated
        based on the number of "parking-related" square feet of floor area put to the use, as
        calculated using the methodology in Section 15-2.8, Parking Floor Area.
     2. Per dwelling unit or per BR. The phrase "per dwelling unit" means that the number of
        parking spaces is calculated based on the number of dwelling units. In some cases, the
        parking requirements are based on the number of bedrooms (per "#" BR unit) in the
        dwelling units.
     3. Per Bed. The phrase "per bed" means that the number of parking spaces is based on the
        number of beds in the facility instead of the number of sleeping rooms or some other
        measure. Per bed calculations are normally applied to uses that offer residential care or
        overnight accommodations with shared rooms.
     4. Per Employee. The phrase "per employee" means that the number of parking spaces is
        based on the number of employees on the maximum shift, that is, the work shift in which
        the maximum number of employees are present.
     5. Per Seat / Per Seat Design Capacity.
          a. The phrase "per seat" means that the number of parking spaces is based on the
             number of seats that are provided to guests (patrons, members, etc.), with benches
             or pews measured as one seat per two feet of width; and
          b. The phrase "per seat design capacity" means that the number of parking spaces is
             based on the maximum seating capacity of the use as determined by applicable fire
             codes.
     6. Per Person Design Capacity. The phrase "per person design capacity" means that the
        number of parking spaces is based on the maximum number of people who may occupy
        the use pursuant to applicable fire code standards.
     7. Per sf. of Assembly Area. The phrase "per sf. of assembly area" means that the number of
        parking spaces is based on the number of square feet in the largest room used for




DRAFT 3.28.11                                   159
              assembly (e.g., at a school, this is often a gymnasium, but it could also be a theater or a
              lunch room).
       8. Others. Other independent variables are measured according to their common meanings.
 C. Parking Reductions. Generally, the total number of required parking spaces is equal to the sum
    of the required parking for each use of a parcel proposed for development. However, parking
    requirements may be reduced according to the methodology of Section 7-1.6, Shared Parking,
    and the provisions of Section 7-1.5, Parking Credits and Reductions. Section 7-1.5, Parking
    Credits and Reductions, sets out the order of the reductions if shared parking and parking
    credits are both used.

Sec. 7-1.2 Required Parking Spaces
 A. Generally. This Section sets out how many parking spaces are required for each land use set out
    in Division 2-3, Land Use.
 B. Uses that Involve Fleets or Vehicle Inventory. Uses that involve fleets of vehicles (e.g., post
    offices, police stations, fire stations, etc.) and uses that involve vehicle inventories (e.g.,
    passenger vehicle sales or rental) shall provide parking for the fleet or inventory. Such parking
    shall not count towards the requirements of this Section.
 C. Residential Uses; Commercial Use of the Home. Table 7-1.2A, Residential Uses; Commercial
    Use of the Home, sets out the parking requirements for residential uses and commercial uses of
    dwelling units.

                                                  TABLE 7-1.2A
                                 RESIDENTIAL USES; COMMERCIAL USE OF THE HOME
                                                                           Required Loading Spaces (see Sec. 7-1.10,
Land Use                Required Off-Street Parking Spaces                 Loading Spaces)
Residential Uses
Single-Family Detached 2 spaces per d.u.                                   NA
Single-Family Attached 2 spaces per d.u.                                   NA
Multifamily             1.5 spaces per studio / efficiency d.u. + 1.75     1 Type B space per 100 dwelling units
                        spaces per 1 BR d.u. + 1.75 spaces per 2 BR d.u.
                        with floor area that is less than 800 sf. + 2.25
                        spaces per 2 BR d.u. with floor area that is 800
                        sf. or more + 2.75 spaces per 3 BR d.u.
Live-Work Unit          4 spaces per d.u.                                  NA
Manufactured Home       2 spaces per d.u.; in manufactured home parks, NA
                        2 additional spaces shall be provided in one or
                        more visitor parking areas for each 3
                        manufactured home lots
Commercial Use of the Home
Bed and Breakfast       1 space per BR (including those used by           NA
                        residents and guests -- additional spaces for the
                        d.u. are not required)




                                                             160                                             DRAFT 3.28.11
                                                       TABLE 7-1.2A
                                      RESIDENTIAL USES; COMMERCIAL USE OF THE HOME
DCCCF: Family Home         1 space in addition to the spaces required for   NA
                           the d.u.
DCCCF: Group Day-Care 2 spaces in addition to the spaces required for       NA
Home                  the d.u.
RCCF: Foster Home /        no requirement except the spaces that are        NA
Agency Foster Home         required for the d.u.
RCCF: Foster Group         no requirement except the spaces that are        NA
Home / Agency Foster       required for the d.u.
Group Home


 D. Institutional, Recreational, and Amusement Uses. Table 7-1.2B, Institutional; Recreation and
    Amusement Uses, sets out the parking requirements for institutional, recreation, and
    amusement uses.

                                                         TABLE 7-1.2B
                                      INSTITUTIONAL; RECREATION AND AMUSEMENT USES
                                                                            Required Loading Spaces (see Sec. 7-1.10,
                           Required Off-Street Parking Spaces
Land Use                                                                    Loading Spaces)
Institutional Uses
Adult Day Care             1 space per 300 sf. PFA                          10,000+ sf. PFA: 1 Type B space
Assisted Living Facility   1 space per 3 d.u.s; if not configured as dwelling 10 to 50 beds: 1 Type B space
                           units, 1 space per 3 BR                            51 to 200 beds: 1 Type A space
                                                                              201+ beds: 1 Type B space + 1 Type A space per
                                                                              200 beds or fraction thereof
College / University /     See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Vo-Tech
Correctional or            See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Rehabilitation Facility
DCCCF: Day-Care            1 space per 300 sf. PFA                          10,000+ sf. PFA: 1 Type B space
Center
Group Homes                reserved                                         NA
Hospital                   See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Library                    1 space per 300 sf. PFA                          10,000 to 49,999 sf. PFA: 1 Type B space
                                                                            50,000+ sf. PFA: 1 Type A space
Medical Office / Clinic / 1 space per 200 sf. PFA                           10,000 to 49,999 sf. PFA: 1 Type B space
Medical Lab                                                                 50,000+ sf. PFA: 1 Type B space + 1 Type B space
                                                                            per 100,000 sf. PFA or fraction thereof
Nursing / Convalescent 1 space per 2 beds                                   10 to 25 beds: 1 Type B space
Home                                                                        26 to 100 beds: 1 Type A space + 1 Type B space
                                                                            101+ beds: 2 Type B spaces + 1 Type A space per
                                                                            100 beds or fraction thereof




DRAFT 3.28.11                                                   161
                                                         TABLE 7-1.2B
                                   INSTITUTIONAL; RECREATION AND AMUSEMENT USES
Place of Public            1 space per 100 sf. PFA                            10,000+ sf. PFA: 1 Type B space
Assembly
Post Office                1 space per 300 sf. PFA                            As needed for post office fleet
Private Club               1 space per 125 sf. PFA not used for dining area   10,000+ sf. PFA: 1 Type B space
                           + 1 space per 75 sf. PFA dining area
Public Safety Facilities   (see below)
  Police Station           1 space per 250 sf. PFA                            10,000+ sf. PFA: 1 Type B space
  Fire Station             4 spaces per emergency vehicle bay + 1 space       As needed for fire fleet
                           per 100 sf. PFA public meeting area
RCCF: General              2 spaces + 1 space per employee                    10 to 25 beds: 1 Type B space
Residential Operation                                                         26 to 100 beds: 1 Type A space + 1 Type B space
                                                                              101+ beds: 2 Type B spaces + 1 Type A space per
                                                                              100 beds or fraction thereof
Residential Care           1.5 spaces per employee                            10 to 25 beds: 1 Type B space
Facilities                                                                    26 to 100 beds: 1 Type A space + 1 Type B space
                                                                              101+ beds: 2 Type B spaces + 1 Type A space per
                                                                              100 beds or fraction thereof
School: Pre-               1 space per employee + 1 space per 5 students + 10,000 to 49,999 sf. PFA: 1 Type B space
Kindergarten               5 spaces for short-term loading and unloading   50,000+ sf. PFA: 1 Type A space
School: Elementary         1 space per employee + 1 space per 5 seats in      10,000 to 49,999 sf. PFA: 1 Type B space
                           auditorium or assembly area                        50,000+ sf. PFA: 1 Type A space
School: Middle             The greater of: 1 space per 10 students; or 1    10,000 to 49,999 sf. PFA: 1 Type B space
                           space per 5 seats in auditorium or assembly area 50,000+ sf. PFA: 1 Type A space
School: High               See Section 7-1.4, Special Studies                 10,000 to 49,999 sf. PFA: 1 Type B space
                                                                              50,000+ sf. PFA: 1 Type A space
Shelter for Homeless       1 space per 4 beds                                 10,000 to 49,999 sf. PFA: 1 Type B space
Individuals                                                                   50,000+ sf. PFA: 1 Type A space
Recreation and Amusement Uses
Arena; Stadium             1 space per 3 seats                                2 Type A spaces per 1,000 seats or fraction
                                                                              thereof
Commercial                 (see below)
Amusement, Indoor
  Generally (not listed    1 space per 150 sf. PFA                            10,000 to 49,999 sf. PFA: 1 Type B space
below)                                                                        50,000+ sf. PFA: 1 Type A space
  Bowling Alley            5 spaces per lane + 1 space per 100 sf. PFA        10,000+ sf. PFA: 1 Type B space
                           restaurant or bar area
 Pool Rooms / Billiard 1 space per 150 sf. PFA + 3 spaces per pool or         NA
Halls                  billiard table
 Indoor Arenas /           2 spaces per 5 seats                               1 Type B space
Movie Theaters




                                                                162                                              DRAFT 3.28.11
                                                        TABLE 7-1.2B
                                     INSTITUTIONAL; RECREATION AND AMUSEMENT USES
  Skating Rinks / Indoor 1 space per 200 sf. PFA                           1 Type B space
Playgrounds
Commercial                See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Amusement, Outdoor
Recreation, Indoor        1 space per 300 sf. PFA                          10,000 to 49,999 sf. PFA: 1 Type B space
                                                                           50,000+ sf. PFA: 1 Type A space
Recreation, Outdoor       (see below)
  Active Recreation, if   12 spaces per acre                               NA
not listed below
  Day Camp                1 space per employee + 1 space per 3 clients     NA
  Golf Course and / or    6 spaces per hole + 4 spaces per driving platform 1 Type B space
Driving Range
  Swimming Pool           1 space per 100 sf. swimming pool area (water    1 Type B space
                          surface)
  Tennis or Racquetball 4 spaces per court + 1 space per 2 courts for      NA
Courts                  employee parking if the courts are attended
  Athletic Fields         30 spaces per field + 1 space per 4 seats        NA
  Passive Recreation      5 spaces per acre                                NA


 E. Commercial Uses. Table 7-1.2C, Commercial Uses, sets out the parking requirements for
    commercial uses.

                                                       TABLE 7-1.2C
                                                     COMMERCIAL USES
                                                                           Required Loading Spaces (see Sec. 7-1.10,
                          Required Off-Street Parking Spaces
Land Use                                                                   Loading Spaces)
Alcoholic Beverage        1 space per 300 sf. PFA                          10,000 to 49,999 sf. PFA: 1 Type B space
Sales, Package                                                             50,000+ sf. PFA: 1 Type A space
Passenger Motor         (see below)
Vehicle Sales or Rental
  Sales                   1 space per 1,000 sf. PFA of showroom + 1 space 1 Type A space per 1.5 acres of inventory
                          per 20,000 sf. of inventory storage             storage
  Rental                  5 spaces                                         NA
Bar; Nightclub; Dance     1 space per 75 sf. PFA                           0 to 49,999 sf. PFA: 1 Type B space
Hall; Ice House                                                            50,000+ sf. PFA: 1 Type A space
Heavy Vehicle,            1 space per 500 sf. PFA of office and indoor     1 Type A space per 1.5 acres of inventory
Watercraft, or Aircraft   showroom + 1 space per 1,500 sf. outdoor         storage
Sales or Rental           display / inventory storage area




DRAFT 3.28.11                                                  163
                                                     TABLE 7-1.2C
                                                   COMMERCIAL USES
Commercial Lodging     1 space per guest room + 1 space per 300 sf. of        10 to 25 guest rooms: 1 Type B space
                       meeting rooms, ballrooms, administrative               26 to 100 guest rooms: 1 Type A space + 1 Type
                       offices, and areas used for self-service breakfast     B space
                       for guests only + 75% of parking requirements          101+ guest rooms: 1 Type B spaces + 1 Type A
                       for integrated restaurants and bars that are           space per 100 guest rooms or fraction thereof
                       open to the public
Commercial Retail      (see below)
  Generally            1 space per 200 sf. PFA for the first 14,000 sf. + 1   0 to 49,999 sf. PFA: 1 Type B space
                       space per 250 sf. PFA for the next 11,000 sf.          50,000+ sf. PFA: 1 Type A space for first 50,000
                       (14,001 to 25,000) + 1 space per 300 sf. PFA for       sf. PFA, plus 1 Type A space per 75,000 sf. or
                       all floor area in excess of 25,000 sf.                 fraction thereof additional PFA
  Convenience Stores   1 space per 300 sf.                                    1 Type B space (if located at fueling or charging
                                                                              station with convenience store, may use space
                                                                              from fueling or charging station)
Flea Market            1 space per 300 sf. PFA                                10,000 to 49,999 sf. PFA: 2 Type B spaces
                                                                              50,000+ sf. PFA: 1 Type A space for first 50,000
                                                                              sf. PFA, plus 1 Type A space per 75,000 sf. or
                                                                              fraction thereof additional PFA
Heavy Retail           4 spaces + 1 space per 1,000 sf. of outdoor sales 1 Type A space for first 50,000 sf. PFA or fraction
                       or display area + 1 space per 250 sf. PFA indoors thereof, plus 1 Type A space per 75,000 sf. or
                                                                         fraction thereof additional PFA
Kennel                 1 space per 400 sf. PFA                                NA
Light Auto Service /   (see below)
Fueling or Charging
Station
  Fuel or Charge w/    1 space per 4 pump stations or Level 3 charging        1 Type A space per 8 fuel pumps
                  2
Convenience Store      stations + 3 spaces per service bay +
                       convenience store parking
  Fuel or Charge w/o   1 space per 4 pump stations or Level 3 charging        1 Type A space per 8 fuel pumps
Convenience Store2     stations + 3 spaces per service bay
 Other Light           3 spaces per service bay                               1 Type B space
Automobile Service
Mixed-Use              See Section 7-1.6, Shared Parking                      Equal to requirement for Type A loading spaces
                                                                              for use with largest number of Type A loading
                                                                              spaces + requirement for Type B loading spaces
                                                                              for use with largest number of Type B loading
                                                                              spaces. Allocation of loading spaces is by mixed-
                                                                              use building.
Office                 1 space per 300 sf. PFA                                10,000 to 49,999 sf. PFA: 1 Type B space
                                                                              50,000+ sf. PFA: 1 Type A space, plus 1 Type A
                                                                              space per 75,000 sf. or fraction thereof in excess
                                                                              of 50,000 sf. PFA
Pawn Shop              1 space per 200 sf. PFA                                1 Type B space




                                                              164                                                 DRAFT 3.28.11
                                                         TABLE 7-1.2C
                                                       COMMERCIAL USES
Personal Fitness or       1 space per 300 sf. PFA                               NA
Music Instruction /
Personal Services
Professional Services,    1 space per 300 sf. PFA                               NA
Instruction, or
Counseling
Restaurant, No Drive-In 1 space per 75 sf. PFA                                  5,000 to 10,000 sf. PFA: 1 Type B space
/ Through                                                                       10,000+ sf. PFA: 1 Type A space
Restaurant, Drive-In /    1 space per 75 sf. PFA                                5,000 to 10,000 sf. PFA: 1 Type B space
Through                                                                         10,000+ sf. PFA: 1 Type A space
Tanning Facility          1 space per 200 sf. PFA                               NA
Vehicle Wash              3 spaces per bay or stall + 1 space per 2 stalls if   NA
                          attended
Vending Kiosks / ATMs (see below)
(located outside)
  Generally (not listed   1 space per kiosk                                     NA
below)
  Ice, Water, or Food     3 spaces per vending kiosk                            NA
  Media (e.g., DVDs)      2 spaces per vending kiosk                            NA
  ATMs                    2 spaces per ATM                                      NA
Veterinarian, Small       1 space per 200 sf. PFA                               NA
Animal
Wholesale                 1 space per 500 sf. PFA                               0 to 24,999 sf. PFA: 1 Type B space
                                                                                25,000+ sf. PFA: 1 Type A space for first 25,000
                                                                                sf. PFA, plus 1 Type A space per 75,000 sf. or
                                                                                fraction thereof additional PFA
TABLE NOTE:
1
  Bars, night clubs, dance halls, and ice houses are limited uses in the Heart of the City Overlay District.
2
  Level 3 charging stations include all charging stations that provide comparable or faster charging services. Level 1 and level
2 charging stations are accessory to parking lots.




DRAFT 3.28.11                                                    165
 F. Industrial; Agricultural; Utility; Transportation; Storage; and Logistics. Table 7-1.2D, Industrial;
    Agricultural; Utility; Transportation; Storage; and Logistics Uses, sets out the parking
    requirements for industrial, agricultural, utility, transportation, storage, and logistics uses.

                                                  TABLE 7-1.2D
                 INDUSTRIAL; AGRICULTURAL; UTILITY; TRANSPORTATION; STORAGE; AND LOGISTICS USES
                                                                          Required Loading Spaces (see Sec. 7-1.10,
                         Required Off-Street Parking Spaces
Land Use                                                                  Loading Spaces)
Industrial Uses
Automotive Wrecking      4 spaces + 1 space per 300 sf. office area + 1   1 Type A space per acre of yard used for storing
and Salvage Yard;        space per 5,000 sf. outdoor area accessible to   salvaged vehicles or junk
Junkyard; Recycling      customers
Business
Composting Facility      See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Hazardous Waste          See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Management Facility
Heavy Industry           See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Light Industry           1 space per 500 sf. PFA                          10,000 to 49,999 sf. PFA: 1 Type B space
                                                                          50,000+ sf. PFA: 1 Type A space, plus 1 Type A
                                                                          space per 75,000 sf. or fraction thereof in excess
                                                                          of 50,000 sf. PFA
Mining / Extraction      NA                                               NA
Rendering Plant          See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Research and Testing     1 space per 300 sf. PFA                          10,000 to 49,999 sf. PFA: 1 Type B space
Laboratory                                                                50,000+ sf. PFA: 1 Type A space, plus 1 Type A
                                                                          space per 75,000 sf. or fraction thereof in excess
                                                                          of 50,000 sf. PFA
Solid Waste Facility     See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Waste Transfer Station 5 spaces + 1.5 spaces per collection / disposal    1 Type A space per collection vehicle stored
or Recycling Drop Off vehicle that is stored overnight on-site            overnight on-site +
Center                                                                    1 Type B space per 2 collection vehicles stored
                                                                          overnight on-site
Agriculture Uses
Agricultural Equipment 1 space per 400 sf. PFA + 1 space per 1,000 sf.    10,000 to 49,999 sf. PFA: 1 Type B space
Sales / Feed Store     outdoor sales and display area                     50,000+ sf. PFA: 1 Type A space, plus 1 Type A
                                                                          space per 75,000 sf. or fraction thereof in excess
                                                                          of 50,000 sf. PFA
Agricultural Support     1 space per 1,000 sf. PFA                        Type A spaces as needed for the conduct of the
                                                                          use.
Agriculture, General     NA                                               NA
Agriculture, CAFO or     See Section 7-1.4, Special Studies               See Section 7-1.4, Special Studies
Intensive Aquaculture




                                                              166                                              DRAFT 3.28.11
                                                 TABLE 7-1.2D
                INDUSTRIAL; AGRICULTURAL; UTILITY; TRANSPORTATION; STORAGE; AND LOGISTICS USES
Commercial Stables        1 space per 2 stalls                               1 Type B space per 10 stalls or fraction thereof;
                                                                             or
                                                                             1 Type A space per 25 stalls or fraction thereof
Nursery or                1 space per 250 sf. PFA of enclosed floor area +   0 to 49,999 sf. PFA: 1 Type B space
Greenhouse, Retail        1 space per 3,000 sf. of outdoor nursery area      50,000+ sf. PFA: 1 Type A space for first 50,000
                                                                             sf. PFA, plus 1 Type A space per 75,000 sf. or
                                                                             fraction thereof additional PFA
Nursery or            1 space per 300 sf. PFA of office or sales floor       1 Type A space for first 100,000 sf. PFA or
Greenhouse, Wholesale area + 1 space per 5,000 sf. of outdoor nursery        fraction thereof, plus 1 Type A space per 75,000
or Agricultural       area                                                   sf. or fraction thereof additional PFA
Production
Veterinarian, Large       1 space per 300 sf. PFA                            7,500+ sf. PFA: 1 Type B space
Animal
Utility; Transportation; Storage; and Logistics Uses
Airport                   See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Airstrip                  4 spaces                                           NA
Bulk Storage of Fossil    See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Fuels
Commercial                1 space per 400 sf. PFA of retail, wholesale, and As needed for the conduct of the operations
Warehousing and           office floor area + 1 space per 1,000 sf. PFA of
Logistics                 other floor area + 1 space per loading dock
Heliport                  See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Helistop                  2 spaces                                           NA
                             1
Parking and               NA                                                 NA
Multimodal Transit
Facilities
Power Generation,          See Section 7-1.4, Special Studies                See Section 7-1.4, Special Studies
Utility Scale, Fossil Fuel
/ Combustible
Power Generation,         See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Utility Scale,
Renewable /
Noncombustible
Power Generation,      NA                                                    NA
Small Scale, Renewable
/ Noncombustible
Public Utility Plant,     See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Municipal
Public Utility Plant,     See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies
Regional
Rail Yard                 See Section 7-1.4, Special Studies                 See Section 7-1.4, Special Studies




DRAFT 3.28.11                                                   167
                                                TABLE 7-1.2D
               INDUSTRIAL; AGRICULTURAL; UTILITY; TRANSPORTATION; STORAGE; AND LOGISTICS USES
Self Storage             1 space per 25 storage units + 1 space per 300      1 Type A space per 50 storage units or fraction
                         sf. of office space + 1 space per BR of any on-site thereof
                         caretaker residence
Storage Yard             1 space per 8,000 sf. storage yard                 As needed for the conduct of the operation
TABLE NOTE:
1
  If the facilities are attended, then one space must be allocated from the facilities per employee on maximum shift. These
spaces cannot be allocated to another use.


Sec. 7-1.3 Required Parking Spaces for Disabled Persons
The number of parking spaces that are designed and designated for disabled persons shall comply
with the requirements of Section 4.1.2, Texas Accessibility Standards.

Sec. 7-1.4 Special Studies
 A. Generally. Some of the uses that are listed in the tables set out in Section 7-1.2, Required
    Parking Spaces, have nonlinear or widely varying parking demand characteristics. Accordingly,
    their parking requirements are listed in the table as "special study." Required parking for these
    uses shall be established according to the standards of this Section.
 B. Requirements.
       1. A special study shall be conducted by a registered professional transportation planner or
          traffic engineer at the applicant's expense.
       2. The special study shall provide:
               a. A peak parking analysis of at least five functionally comparable uses.
               b. Documentation regarding the comparability of the referenced uses, including: name,
                  function, location, floor area, parking availability, access to transportation network
                  (including vehicular, bicycle, pedestrian, and transit), use restrictions, and other
                  factors that could affect the parking demand.
 C. Approval of Special Study.
       1. The City may rely upon the special study or may request one round of additional
          information or analysis, including, but not limited to: alternative or new data points, or
          consideration of additional or alternative factors related to comparability or peak demand,
          as supported by sound engineering principles.
       2. As a condition of approval of a special study, the City may require that land be reserved or
          land-banked for additional parking if:
               a. There is a demonstrably high probability the use could change, resulting in a higher
                  demand for parking; or




                                                              168                                               DRAFT 3.28.11
           b. The variability in the special study justifies the reservation of additional land to
              mitigate a material risk that the use may be insufficiently parked.
      3. Areas that are reserved or land-banked shall be of appropriate location and dimension to
         provide for the additional parking by connection to existing parking lots.

Sec. 7-1.5 Parking Credits and Reductions
 A. Generally. This section sets out several ways to reduce the number of off-street parking spaces
    that must be provided. These credits and reductions are based on the provision of alternative
    parking or transportation demand management programs that tend to reduce the demand for
    parking spaces. If used in conjunction with shared parking (see Section 7-1.6, Shared Parking),
    these reductions may be applied to one type of use to reduce the parking requirement for the
    use prior to calculating the shared parking reduction. The credits and reductions set out in this
    Section are not available to uses that base their parking on a special study (see Section 7-1.4,
    Special Studies), unless the special study's methodology specifically addresses these credits and
    reductions and determines that they are appropriate.
 B. On-Street and Public Lot Parking. In the AC district, and in approved TND and TOD
    developments that provide on-street parking along internal streets, on-street parking and
    parking in public lots may be credited to particular uses in accordance with the formula: Parking
    Credit = (Sa x P), where Sa = the area of the applicant's parcel divided by the area of the
    contiguous zoning district or mixed-use development, and P = the total parking that is available
    on-street and in public lots that are proposed for the district (not existing streets or lots), TND
    or TOD (as applicable).
 C. Reduction of Parking Requirements by Provision of Bicycle Amenities. The Director may
    authorize up to a five percent reduction in the number of required off-street parking spaces for
    development that provides amenities or incentives for bicyclists that are in addition to the
    provision of outdoor bicycle parking spaces. Examples of accommodations that would qualify
    for the credit include:
      1. Enclosed bicycle lockers; or
      2. Employee shower facilities, lockers, and dressing areas.
 D. Reduction of Parking Requirements by Provision of Shuttle Connections to the McAllen
    International Airport.
      1. For overnight accommodations uses, the number of required parking spaces may be
         reduced by five percent if the operator provides on-demand shuttle service to and from
         the McAllen International Airport.
      2. Shuttle services that are provided in order to utilize the off-street parking reductions
         allowed by this subsection shall have a designated loading and unloading area with
         reasonable access to the principal building.




DRAFT 3.28.11                                      169
Sec. 7-1.6 Shared Parking
 A. Generally. The City encourages the sharing of parking for its potential to reduce impervious
    surfaces and / or enhance the efficiency of land use. Thus, where a mix of uses creates synergy
    with respect to the utilization of parking spaces due to differences in peak parking demand
    periods, the City may reduce the number of required parking spaces according to the provisions
    of this Section.
 B. Shared Parking Table. Shared parking allows a reduction in the total number of required
    parking spaces when a parcel is occupied by two or more uses which typically do not experience
    peak parking demands at the same time. When any land or building is used for two or more
    uses or use categories that are listed below, the minimum total number of required parking
    spaces may be determined by the following procedures:
         1. Multiply the minimum required parking for each individual use by the appropriate
            percentage listed in Table 7-1.6, Shared Parking Table, for each of the designated time
            periods. Do not include parking spaces that are reserved for use by specified individuals
            (e.g., "reserved for Dr. Smith") or classes of individuals (e.g., "residents only"). Round all
            fractions up to the nearest whole number.
         2. Calculate a sum for all uses for each of the five time periods (columns). The minimum
            parking requirement is equal to the highest of these sums, plus reserved spaces that were
            not included in the multiplication in the first step, if any. Figure 7-1.6, Illustrative Shared
            Parking Credit Calculation, provides an example of how to use Table 7-1.6, Shared Parking
            Table to calculate required parking.

                                                TABLE 7-1.6
                                            SHARED PARKING TABLE
                                        Weekday                                      Weekend
                        Night              Day             Evening            Day              Evening
Use                (12 AM to 6 AM)    (6 AM to 6 PM)   (6 PM to 12 AM)   (6 AM to 6 PM)    (6 PM to 12 AM)
Residential             100%               60%               90%              80%               90%
Office                   5%               100%               10%              10%                5%
Retail /
                         5%                70%               90%              100%              70%
Commercial
Commercial
                         80%               80%               100%             50%               100%
Lodging
Restaurant               10%               50%               100%             50%               100%
Entertainment            10%               40%               100%             80%               100%
All Others              100%              100%               100%             100%              100%




                                                       170                                     DRAFT 3.28.11
                                                    FIGURE 7-1.6
                                   ILLUSTRATIVE SHARED PARKING CREDIT CALCULATION
EXAMPLE: A mixed-use development is proposed. It includes a residential component with 25 1 BR units, 100 2 BR units (>
800 sf.), and 20 3 BR units; plus 60,000 sf. of office space; 100,000 sf. of commercial retail; 25,000 sf. of restaurants; and a
120 room conference hotel with 15,000 sf. of conference rooms. This project would require 1,391 parking spaces without
the application of the shared parking reduction.
                                               Weekday                                                Weekend
                          Night                  Day                 Evening                 Day                  Evening
Use                  (12 AM to 6 AM)        (6 AM to 6 PM)       (6 PM to 12 AM)        (6 AM to 6 PM)        (6 PM to 12 AM)
Residential
(324 required        100% x 324 = 324      60% x 324 = 195        90% x 324 = 292       80% x 324 = 260       90% x 324 = 292
spaces)
Office
(200 required          5% x 200 = 10       100% x 200 = 200       10% x 200 = 20         10% x 200 = 20         5% x 200 = 10
spaces)
Retail /
Commercial
                       5% x 364 = 19       70% x 364 = 255        90% x 364 = 328      100% x 364 = 364       70% x 364 = 255
(364 required
spaces)
Commercial
Lodging
                     80% x 170 = 136       80% x 170 = 136       100% x 170 = 170        50% x 170 = 85       100% x 170 = 170
(170 required
spaces)
Restaurant
(333 required         10% x 333 = 34       50% x 333 = 167       100% x 333 = 333       50% x 333 = 167       100% x 333 = 333
spaces)
Entertainment           10% x 0 = 0           40% x 0 = 0           100% x 0 = 0           80% x 0 = 0          100% x 0 = 0
All Others             100% x 0 = 0          100% x 0 = 0           100% x 0 = 0          100% x 0 = 0          100% x 0 = 0
                                                                             1
COLUMN TOTALS               523                   953                  1,143                  896                   1,060
TABLE NOTE:
1
  The largest number, 1,143, is the number of parking spaces that are required. This example is a 17.8 percent reduction
compared to the sum of the individual calculations for each use.


        3. In general, the maximum reduction allowed by Table 7-1.6, Shared Parking Table, is 30
           percent. However, a greater reduction is permitted, provided that:
                a. Sufficient land is set aside for each parking space in excess of the 30 percent
                   reduction that is not constructed, so that the spaces may be constructed at a later
                   date should the Administrator determine that they are necessary; and
                b. The property owner executes and records a document that guarantees that the
                   spaces will be constructed upon written order of the City Engineer.




DRAFT 3.28.11                                                   171
C. Special Shared Parking Study.
     1. In the alternative to the methodology in subsection B., an applicant may submit a special
        study to demonstrate that the parking required to serve mixed uses is less than the
        cumulative parking requirements for each individual use. The special study shall be
        conducted by a qualified transportation planner or traffic engineer at the applicant's
        expense (the Director shall develop and maintain a list of qualifications and / or
        certifications that are acceptable to the City for this purpose), and shall:
          a. Review peak parking demand periods for the proposed uses during a 24-hour
             weekday and each weekend day, and shall propose a required number of parking
             spaces based on the combined peak hour demand for parking.
          b. Provide data on the following:
              i.    The sensitivity of the proposed uses to change. For example, a center with no
                    restaurant could have significant changes in parking if a restaurant was added.
              ii.   Similar mixes of uses in other areas of the community.
             iii.   Degree of variability of parking for individual uses (average, range, and standard
                    deviation).
     2. The City may require a reserved open area if it finds that the risk of parking needs changing
        over time so warrants. Once the project is occupied and well established, if there is a
        surplus of parking, the applicant may petition for additional development capacity and
        parking using the reserved area.
D. Shared Parking Among Lots Under Different Ownership. When a shared parking reduction is to
   be applied to uses on several lots under different ownership, the following shall be provided:
     1. A plan that provides for interconnected parking lots;
     2. Recorded easements that provide, at a minimum, for:
          a. Cross-access among the parking areas and connections to permit parking by the
             different uses anywhere in the connected properties;
          b. Allocation of maintenance responsibilities;
          c. A pedestrian circulation system that connects uses and parking areas, making it easy
             and convenient to move between uses; and
          d. A right of enforcement by the City.

Sec. 7-1.7 Bicycle Parking
A. Generally. Bicycle parking shall be provided as a proportion of required vehicular parking spaces
   as set out herein.
B. Exemptions. This Section does not apply to single-family detached, duplex, townhome, and
   multiplex uses.




                                                   172                                    DRAFT 3.28.11
 C. Bicycle Parking Requirement. One bicycle parking space is required for each 10 required off-
    street parking spaces; however, not less than 3 nor more than 30 shall be required on any
    parcel proposed for development.
 D. Application Where Vehicular Parking is Reduced. If the number of vehicular parking spaces is
    modified by application of Section 7-1.6, Shared Parking, then the number of bicycle spaces
    shall be based on the number of spaces required after application of Section 7-1.6, even if
    credits from other sections (except those related to bicycle parking) are applied first. However,
    if the number of vehicular parking spaces is reduced by application of Section 7-1.5, Parking
    Credits and Reductions, then the number of bicycle parking spaces shall be based on the
    number of vehicular parking spaces that were required before application of the credit.

Sec. 7-1.8 Parking Space and Drive Aisle Dimensions
 A. Generally. The dimensions of parking spaces and parking modules shall be as provided in this
    Section.
 B. Dimensions of Individual Parking Spaces.
        1. Standard parking spaces shall be dimensioned as follows:
              a. Angled parking spaces: 10 ft. x 20 ft.
              b. Parallel parking spaces: 8 ft. x 22 ft.
        2. Parking spaces for disabled persons shall be designed and located as required by the Texas
           Accessibility Standards.
 C. Dimensions of Drive Aisles. Drive aisles shall be dimensioned according to the directional flow
    of traffic and the angle of the parking spaces accessed by the aisle, as set out in Table 7-1.8A,
    Drive Aisle Width.

                                                 TABLE 7-1.8A
                                               DRIVE AISLE WIDTH
                                                           Angle of Parking Spaces (Degrees)
Direction of Traffic Flow in Aisle      0 (parallel)            45                  60          90
one-way                                    12 ft.             16 ft.               20 ft.      24 ft.
two-way                                    20 ft.             20 ft.               22 ft.      24 ft.


Sec. 7-1.9 Marking of Parking Space; Traffic Control Devices
 A. Generally. All parking spaces shall be marked and maintained on the pavement and any
    directional markings / signs shall be installed and maintained by the property owner according
    to the approved site plan. Pavement markings shall be yellow or white, except as may be
    required by state or federal regulations.
 B. Disabled Parking Spaces. As required by the Texas Accessibility Standards ("TAS"), each disabled
    parking space shall be marked with a free-standing or wall mounted sign using the standard
    uniform words and / or symbols that signify the space as parking for disabled persons only. In




DRAFT 3.28.11                                          173
    addition, the disabled symbol shall be painted on the pavement within the parking space. This
    requirement shall automatically change to conform to amendments to TAS after the effective
    date.
C. Traffic Control Devices. All traffic control devices (signs, marking and signals) shall conform to
   the Manual on Uniform Traffic Control Devices, latest edition.

Sec. 7-1.10 Loading Spaces
A. Generally. Loading spaces shall be provided as required by this Section.
B. Types of Loading Spaces.
     1. In general, there are two types of loading spaces, dimensioned as follows:
          a. Type "A" (Semi-trailer Loading). 14 ft. x 70 ft., with at least 17 ft. of vertical clearance.
          b. Type "B" (Small Truck / Parcel Service Loading). 12 ft. x 25 ft., with at least 14 ft. of
             vertical clearance. See Figure 7-1.10, Truck Loading Spaces.
     2. Larger loading spaces may be required where the size of the design vehicle exceeds these
        specifications.

                                           FIGURE 7-1.10
                                        TRUCK LOADING SPACES




C. Number of Loading Spaces. The number of loading spaces that must be provided for each land
   use is set out in Section 7-1.2, Required Parking and Loading Spaces.
D. Truck Access.
     1. Truck access to loading areas (including loading docks) of a parcel proposed for
        development shall be designed with access locations and turning radii that meet the
        following conditions as applicable for the type of street from which access is provided and
        the design of the largest truck that is reasonably expected to use the loading areas:




                                                   174                                        DRAFT 3.28.11
          a. The turning movements of trucks into and out of the parcel proposed for
             development shall not pose a material threat to public safety; and
          b. The turning movements of trucks into and out of the parcel proposed for
             development do not require the truck to run over infrastructure or landscaping that is
             not designed for such use.
     2. The hours of truck access may be limited as a condition of development approval if there is
        no other practicable way to ensure that the requirement of subsection D.1.a., above are
        met.
 E. Off-Street Maneuvering Space.
     1. Adequate off-street truck maneuvering space shall be provided on lots where truck loading
        is provided (not within any public street right-of-way or other public lands) so that trucks
        can maneuver to loading spaces or docking areas. The City may require that the size and
        turning radius of the design vehicle be shown on the site plan to demonstrate compliance
        with this requirement.
     2. Use of maneuvering space for loading areas shall not interfere with:
          a. Areas used by passenger vehicles;
          b. Fire lanes or other emergency access; or
          c. Access to other loading areas where more than one loading space is provided
     3. At no time shall any part of a truck or van be allowed to extend into a public right-of-way
        while the truck or van is parked or being loaded or unloaded.
 F. Location and Buffering.
     1. All loading areas are required to be located on the same lot as the building or lot served by
        the loading area.
     2. Off-street loading facilities shall be designed so as not to interfere with any fire exits or
        emergency access facilities to either a building or site.
     3. Semi-trailer loading spaces and loading docks shall be located behind buildings and
        buffered from view from adjacent properties, public streets, and off-street public trails.
     4. Truck access and loading areas that are located between a principal building and property
        that is used or zoned for residential purposes shall comply with the following additional
        standards:
          a. The length of the loading area shall be screened by a bufferyard that has one level
             more opacity (e.g., from a "Type B" bufferyard to a "Type C" bufferyard, see Section
             9-3.1, Types of Bufferyards) than required by the district boundary and contains an
             eight-foot tall masonry wall; or
          b. The loading area is enclosed by a roof and a wall between the building and the district
             boundary line (a "loading shed"). The buffer between the loading shed and the




DRAFT 3.28.11                                    175
                    district boundary line may be reduced by one level of opacity adjoining the loading
                    shed, and may be the district standard elsewhere.
 G. Over-The-Curb Loading. Over-the-curb loading is subject to the requirements and standards of
    Section 102-226, et seq., McAllen Code of Ordinances. Forklifts shall not be used for over-the-
    curb loading.
 H. Trailer Storage.
        1. One 50 foot by 14 foot trailer storage space shall be provided for each 1.5 Type A loading
           spaces (dropping any fractions) for the following types of development:
              a. Commercial retail;
              b. Heavy retail; and
              c. Wholesale.
        2. Three 50 foot by 14 foot trailer storage spaces shall be provided for each 5 Type A loading
           spaces (rounding up any fractions) for the following types of development:
              a. Arenas and Stadiums;
              b. Heavy Industry;
              c. Light Industry;
              d. Agricultural Support;
              e. Commercial Warehousing and Logistics; and
              f.    Rail Yard.

Sec. 7-1.11 Stacking Spaces
 A. Generally. Uses with drive-through facilities shall provide stacking spaces as set out in this
    Section.
 B. Size of Stacking Space. A stacking space is an area measuring eight feet wide by 18 feet long.
 C. Required Stacking Spaces. Uses with drive-through facilities shall provide stacking spaces
    according to the standards in Table 7-1.11, Required Stacking Spaces. Stacking spaces include
    the spaces at menu boards, service windows, and ATMs.

                                                 TABLE 7-1.11
                                           REQUIRED STACKING SPACES
Use with Drive-Through           Stacking Requirement
Restaurants                      8 to menu board; 3 between menu board and service window
                                 For single drive-through lane: 6;
Financial Institutions           For multiple drive-through lanes: 5 per lane
                                 For ATMs: 3
Pharmacies                       4 per drive-through station
Convenience Stores               4 per drive-through station




                                                          176                               DRAFT 3.28.11
                                               TABLE 7-1.11
                                         REQUIRED STACKING SPACES
Use with Drive-Through         Stacking Requirement
Dry Cleaners                   2 per drive-through station
                               For automatic washes: 5 per bay
Vehicle Wash                   For self-service washes: 2 per bay
                               For full-service washes: 4 per bay
Fueling Stations               3 per fuel pump


 D. Other Uses. Uses other than those set out in Table 7-1.11 that propose drive-through service
    shall provide a number of stacking spaces as approved by the City Engineer, based on either:
       1. Functional comparability to a use that is listed in the table; or
       2. A study of comparable uses within Hidalgo County that demonstrates that the proposed
          number of stacking spaces is adequate to prevent circulation conflicts on the parcel
          proposed for development and the abutting streets.

Sec. 7-1.12 Circulation
 A. Generally. Circulation systems within lots or parcels proposed for development shall provide for
    continuous traffic flow with efficient, non-conflicting movement throughout the site. The
    circulation plan shall comply with the standards and specification set by the City Engineer and
    shall also be reviewed by Director of Traffic Safety.
 B. Configuration of Parking Aisles. If one-way parking aisles are utilized, parallel rows of parking
    shall run in alternating directions and shall intersect with two-way aisles.
 C. Tandem Parking. Tandem parking shall not be used to comply with the requirements of this
    Division, except in the case of single-family detached and duplex residential uses.
 D. Stacking Areas; Vehicular Reservoirs; Drive-Through Lanes.
       1. Stacking areas, vehicular reservoirs, and drive-through lanes shall be configured so that
          their use does not block ingress to or egress from:
               a. Parking spaces;
               b. Driveways and access points; and
               c. Emergency access lanes.
       2. Stacking lanes shall provide a bypass lane that is not less than eight feet in width.
 E. Vehicular-Pedestrian Conflict Areas. Conflicts between areas of significant pedestrian
    movement and vehicular circulation shall be minimized. Areas that are accessible to vehicles but
    likely to be put to significant use by pedestrians (as determined by the City Engineer) shall be
    striped or otherwise differentiated (e.g., with decorative pavers).




DRAFT 3.28.11                                            177
Sec. 7-1.13 Vehicular Use Area Maintenance Requirements
A. Generally. Parking lots and other vehicular use areas shall be maintained in sound
   condition and shall be kept litter free.
B. Pavement Upkeep. Potholes and breaks in pavement shall be promptly repaired if:
     1. They are more than three inches wide;
     2. They are more than three inches deep; or
     3. They are located in areas where they may cause a hazard to pedestrians, bicyclists and
        people using wheelchairs.

Division 7-2 Access Management
Sec. 7-2.1 General Access Management Provisions
A. Generally. The purpose of the access management standards in this Division is to promote safer
   transportation facilities, improved mobility and access, and increased businesses and / or land
   value in the City. Access management reduces the potential for accidents and improves travel
   conditions by minimizing conflicts between through vehicles and turning vehicles. Research has
   shown that accident rates increase consistently with an increase in the density of access points,
   while accident rates decrease with the implementation of access management policies.
   Accordingly, access to collector and arterial streets shall be managed according to the standards
   of this Division.
B. Relationship to TxDOT Access Management Requirements. Where the access management
   requirements of this Division differ from the TxDOT Access Management Policy the more
   stringent policy (less access to arterials, more spacing between access points and intersections,
   and fewer full-access driveways) shall apply on roads that are managed by TxDOT.
C. Single-Family Detached and Duplex Uses. Lots that are proposed to be developed with single-
   family detached or duplex uses shall not take direct access to an arterial or collector street
   unless:
     1. No other access is feasible;
     2. Alternative use is not practical; and
     3. The driveway is designed with a turnaround within the property lines, so that vehicles do
        not back into traffic.
D. All Uses Except Single-Family Detached and Duplex. Parcels proposed for development with
   uses other than single-family detached or duplex uses shall comply with the following access
   management standards:
     1. Parcels that front on arterials and collectors shall provide cross-access to each other unless
        cross-access is infeasible.
     2. Where connections to abutting parcels are possible, but not currently provided:




                                                  178                                     DRAFT 3.28.11
          a. The parcel proposed for development shall include a stub-out at a location that
             allows for a reasonable connection on the abutting parcel (i.e., one that allows for
             reasonable development of both parcels) in the future; and
          b. The applicant shall record a cross-access easement to allow for future connection of
             the stub-out to a comparable facility on the abutting parcel.
     3. Access shall be spaced according to the standards of Section 7-2.2, Access Spacing and
        Corner Clearance. Temporary access (or a continuation of current access) may be provided
        to parcels which cannot comply with this requirement, provided that reasonable access is
        unavailable through improved cross-access easements or consolidation of abutting lots.
     4. Access shall be designed so that vehicles do not back out into traffic.
 E. Degree of Compliance. If the width of a lot or other constraint prevents an individual access
    from being compliant with Section 7-2.2, Access Spacing and Corner Clearance, then common
    access shall be provided via joint access and / or cross-access easements. Even if common
    access does not achieve compliance with Section 7-2.2, Access Spacing and Corner Clearance, it
    shall be utilized if it creates a wider or safer spacing between access points than would be
    provided in the absence of common access.
 F. Alternative Access for Corner Lots. Lots that abut intersections of arterial streets and minor
    streets shall take access from the minor street if the access meets the corner clearance
    requirements of Section 7-2.2, Access Spacing and Corner Clearance.
 G. Timing of Compliance with this Division.
     1. New development shall demonstrate compliance with this Division for each required
        development approval.
     2. Properties with access connections that do not meet the requirements of this Division shall
        be brought into compliance to the greatest extent possible when modifications to the
        street are made, or when a change in use results in one or more of the following
        conditions:
          a. A connection permit is required.
          b. A plat is required.
          c. A site plan is required.
          d. A building permit for redevelopment is required.
          e. The site will generate an increase of 20 percent or greater in peak hour trips or 100
             vehicles per hour in the peak hour, whichever is less, as determined by one of the
             following methods:
                i.    An estimation based on the Institute of Traffic Engineers (ITE) Trip Generation
                      manual (latest edition) methodology for typical land uses, or
                ii.   Traffic counts made at similar traffic generators located in the City, or




DRAFT 3.28.11                                        179
             iii.     Actual traffic monitoring conducted during the peak hour of the adjacent
                      roadway traffic for the property.
     3. If the principal activity on a parcel with access connections that do not meet the
        regulations of this Division is discontinued for a period of one year or more, then upon
        establishment of any use, the parcel must comply with all applicable access requirements
        of this Division to the extent possible.

Sec. 7-2.2 Access Spacing and Corner Clearance
A. Generally. The minimum spacing requirements of this Section are measured along the edge of
   the travel way (including curvature, if present), as follows (see Figure 7-2.2A, Illustrative Access
   Spacing and Corner Clearance Measurements, for illustration):
     1. Spacing between access points (driveways or alleys) on the same side of the street is
        measured from the closest points of the curb cuts at the edge of the travel way (the curb
        face or, if no curb is present, the edge of pavement). This type of spacing is shown in
        Figure 7-2.2A, Illustrative Access Spacing and Corner Clearance Measurements, as "spacing,
        same side."
     2. Spacing between access points (driveways or alleys) on opposite sides of the street is
        measured along the centerline of the street, as the distance between lines that are parallel
        to the centerline of the access point, which extend from from the closest points of the curb
        cuts to the centerline of the street. This type of spacing is shown in Figure 7-2.2A,
        Illustrative Access Spacing and Corner Clearance Measurements, as "spacing, opposite
        side."
     3. Spacing between access points (driveways or alleys) and street intersections is measured
        from the closest point of the curb cut of the access point to a point on a line extending
        from the edge of the travel way (the curb face or, if no curb is present, the edge of
        pavement) of the intersecting street. This type of spacing is shown in Figure 7-2.2A,
        Illustrative Access Spacing and Corner Clearance Measurements, as "corner clearance."

                                              FIGURE 7-2.2A
                    ILLUSTRATIVE ACCESS SPACING AND CORNER CLEARANCE MEASUREMENTS




                                                  180                                      DRAFT 3.28.11
 B. Access Spacing, Same Side of Street. The minimum access spacing for access points on the
    same side of the street is set out in Table 7-2.2A, Access Spacing, Same Side of Street.

                                                   TABLE 7-2.2A
                                        ACCESS SPACING, SAME SIDE OF STREET
Street Classification                                           Local Collector                  Arterial
Posted Speed Limit (mph)                                         any     any       ≤ 30     35      40      45     ≥ 50
Access Serves Residential Land Use                              20 ft.   40 ft.   200 ft. 250 ft. 305 ft. 360 ft. 425 ft.
Access Serves Nonresidential or Mixed-Use, Except Industrial
                                                                40 ft.   75 ft.   200 ft. 250 ft. 305 ft. 360 ft. 425 ft.
Land Use
Access Serves Industrial Land Use                               60 ft.   75 ft.   200 ft. 250 ft. 305 ft. 360 ft. 425 ft.


 C. Access Spacing, Opposite Sides of Street. In order to prevent conflicting left-turn movements,
    connections on opposite sides of arterial and collector streets shall be directly opposite each
    other or offset by a distance of at least 125 feet, unless a median or diverter prevents the
    potential conflicts.
 D. Corner Clearance.
       1. The minimum corner clearance for access points is set out in Table 7-2.2B, Minimum
          Corner Clearance. Figure 7-2.2B, Minimum Corner Clearance Illustration, illustrates how to
          use the table.
       2. The distances that are set out in the table are minimums. Since site and intersection design
          must be considered on an individual basis, greater clearance lengths may be required by
          the City Engineer if necessary to protect public safety.
       3. Shared access may be used to meet the requirements of this subsection. If the dimensions
          of an existing lot and the absence of a reasonable opportunity for shared access make
          compliance with this subsection impractical, then right-in, right-out access may be
          permitted at the farthest available point away from the intersection. For example, a
          fueling station that cannot establish shared access with neighboring properties may be
          permitted to have two right-in, right-out access points (one on each frontage), provided
          that they are located as far away from the intersection as possible.




DRAFT 3.28.11                                                  181
                                                   FIGURE 7-2.2B
                                        MINIMUM CORNER CLEARANCE ILLUSTRATION




                                                   TABLE 7-2.2B
                                             MINIMUM CORNER CLEARANCE
Intersecting Street Classifications                       Minimum Corner Clearance for Access Points on . . .
Street A                        Street B                  Street A                      Street B
Residential Driveways
Local                           Local                     40 feet                       40 feet
Local                           Collector                 40 feet                       50 feet1
Collector                       Collector                 50 feet1                      50 feet1
                                                                     2
Arterial                        Local                     125 feet                      75 feet
                                                                     2                         1
Arterial                        Collector                 125 feet                      75 feet
Arterial                        Arterial                  125 feet2                     125 feet2
Commercial, Mixed-Use, and Industrial Driveways
Local                           Local                     50 feet                       50 feet
Local                           Collector                 50 feet                       50 feet
Collector                       Collector                 75 feet                       75 feet
                                                                     3
Arterial                        Local                     125 feet                      75 feet
                                                                     3
Arterial                        Collector                 125 feet                      75 feet
                                                                     3                             3
Arterial                        Arterial                  125 feet                      125 feet




                                                          182                                          DRAFT 3.28.11
                                                   TABLE 7-2.2B
                                             MINIMUM CORNER CLEARANCE
TABLE NOTES:
1
  Note that single-family detached and duplex driveways are generally not allowed on this street classification. This
standard applies to access to other types of residential development.
2
  Entrances to multifamily development only, except as provided in Section 7-2.1, General Access Management Provisions.
An area for stacking vehicles at ingress points to multifamily development may be required by the City Engineer to prevent
disruption of traffic flow on the arterial.
3
  A variance is required for corner lots with arterial street frontage where the required corner clearance cannot be met as a
result of the lot width or depth.


Sec. 7-2.3 Minimum Arterial Frontage
 A. General. In general, the minimum arterial frontage that is required of lots that take direct
    access from an arterial of any type shall not be less that that shown in Table 7-2.3, Minimum
    Arterial Lot Frontage. No new lots shall be created that have less frontage than set out in Table
    7-2.3, Minimum Arterial Lot Frontage, unless the new lots are combinations of smaller lots or
    the subdivider provides for common access as set out in Subsection C.

                                                   TABLE 7-2.3
                                           MINIMUM ARTERIAL LOT FRONTAGE
Posted Speed Limit (mph)                                     Minimum Lot Frontage (ft.)
≤ 30                                                         225
35                                                           275
40                                                           330
45                                                           385
≥ 50                                                         450


 B. Increased Frontage Requirement. A greater lot frontage may be required for driveways greater
    than 25 feet in width, or development that requires more than one access connection to the
    arterial.
 C. Decreased Frontage Alternative. Where subdivision results in lot frontages that are less than
    Table 7-2.3, Minimum Arterial Lot Frontage:
       1. A common area plan shall be provided during the subdivision process that shows common
          access locations and dimensions and cross-access connections.
       2. Common access easements and shared access driveways shall be provided, such that the
          standards of Section 7-2.1, Access Spacing and Corner Clearance, are met;
       3. Legal instruments shall be recorded as provided in Section 7-2.6, Cross Access Easements.
Sec. 7-2.4 Modification of Access Management Requirements
 A. Generally. The access management requirements of this Division may be modified according to
    the standards of this Section.




DRAFT 3.28.11                                                 183
B. Reduction of Spacing Requirements. The spacing requirements of Section 7-2.2, Access Spacing
   and Corner Clearance, may be reduced if an assessment of the individual safety and operational
   considerations of the proposed connection so justifies and:
     1. Adequate access connection spacing cannot be achieved, but shared access is established
        with an abutting property. A shared access agreement shall be executed and recorded as
        provided in Section 7-2.6, Cross Access Easements; or
     2. No other alternatives exist, and construction of the access connection is along the property
        line farthest from the intersection or closest access point. To provide reasonable access
        under these conditions, but also the safest operation, consideration should be given to
        designing the driveway connection to allow only the right-in turning movement or only the
        right-in / right out turning movements if feasible. In such a case, the applicant shall also
        demonstrate that:
          a. The inability to meet the access spacing requirements was not due to the owner
             subdividing the property after the effective date of this MDC without providing
             internal access;
          b. The adjacent landowner refused a request to provide cross-access; and
          c. A covenant acceptable to the Director to ensure that the connection will be provided
             and access will be consolidated upon the earlier of:
              i.   Approval for development, substantial improvement, or redevelopment, of the
                   adjacent property, if providing such connection is a requirement of the approval;
                   or
             ii.   The applicant's parcel and the adjacent parcel coming under common
                   ownership.
C. Increase of Spacing Requirements. The City may require greater access spacing if the use will
   generate significant truck traffic.

Sec. 7-2.5 Driveways
A. Generally. Driveways shall be designed according to the standards of this Section.
B. Single-Family Detached, Duplex, and Single-Family Attached Dwelling Units.
   Driveways that provide access to individual single-familiy detached, duplex, or single-
   family attached dwelling units shall be not less than 12 feet wide and not more than 25 feet
   wide at the property line. Driveway width shall be maintained between the property line
   and the garage or carport opening, except that it may be expanded where a turnaround is
   required by this MDC.
C. All Other Uses. Driveways that are not subject to subsection B., above, shall be at least 25
   feet wide, but not more than 45 feet wide (at the property line), and configured to direct
   traffic safely into and out of the parcel proposed for development. Such configuration may
   require median separation between ingress lanes and egress lanes.




                                                 184                                    DRAFT 3.28.11
Sec. 7-2.6 Cross Access Easements
 A. Generally.
     1. Access that is shared by adjacent properties, whether under single or separate ownership,
        shall be preserved using an appropriate legal instrument that is approved by the Director
        and recorded in the public records of Hidalgo County at the applicant's expense. The
        obligation to provide and maintain the cross-access shall run with the land. The recorded
        book and page number of the legal instrument shall be referenced on any subsequent
        approved site plans or subdivision plats of the property.
     2. If there is an existing shared access for which there is no recorded legal documentation,
        the shared access shall continue and appropriate legal documentation shall be executed
        and recorded.
 B. Terms. The City may require that common and cross access easements include one or more of
    the following:
     1. Sufficient width to accommodate a two-way access between properties, designed to
        accommodate automobiles and service and loading vehicles.
     2. Stub-outs and other design features to allow abutting properties to be tied in to provide
        future cross access.
     3. Linkage to other cross access drives in the area.




DRAFT 3.28.11                                    185
Article 8 Building Design Standards
(to be provided with Module 3)




                                 186   DRAFT 3.28.11
Article 9 Landscaping, Buffering, and Tree Protection
Division 9-1 Purpose and Application of Article
Sec. 9-1.1 Purpose and Intent of Article
 A. Purpose. The standards and requirements set out in this Article are intended to:
      1. Protect and preserve the appearance and character of the community;
      2. Promote the health and quality of life of the residents of the City through the protection of
         specified trees located on property within the City;
      3. Protect the value of the City's natural heritage;
      4. Conserve water by promoting the planting of native trees and shrubs; and
      5. Establish standards for removal, maintenance, and planting of trees.
 B. Intent. In establishing these procedures and standards, it is the City's intent to encourage the
    preservation of trees and their value to the community, increase the compatibility of adjacent
    uses, and to minimize the effects of noise, dust, debris, artificial light intrusions, and other
    externalities created by the use of land.

Sec. 9-1.2 Application of Article
This Article applies to all new development, redevelopment, and substantial improvements in the
City of McAllen, and where specifically indicated, to existing trees and landscaping. The application of
this Article may be limited by Article 13, Nonconformities.

Division 9-2 General Landscaping Requirements
Sec. 9-2.1 Tree Survey Required
A tree survey performed by a certified arborist, registered landscape architect or an urban forester is
required for parcels proposed for development when:
      1. The Director determines that the development plan will impact:
           a. A material number of mature trees; or
           b. Mature trees of significance to the community due to their large canopy size or
              prominent location; or
      2. The applicant seeks credit for existing trees pursuant to Section 9-2.3, Credit for Existing
         Trees.
      3. The trees are:
           a. Listed on the approved plant list; or
           b. Greater than eight inches DBH and not on the prohibited plant list.




DRAFT 3.28.11                                      187
Sec. 9-2.2 Approved, Allowed, and Prohibited Plants
A. Approved Landscape Plants. Only approved landscape plants count towards the landscape
   requirements of this Article. A list of such plants is set out in Appendix A, Plant Lists.
B. Allowed Landscape Plants. Plants that are not listed on the approved plant list or the prohibited
   plant list are allowed, but they are not counted towards compliance with this Article. Applicants
   who wish to count such plants are advised to seek an amendment to the approved plant list to
   include them. See Section 9-2.3, Selection of Plant Material.
C. Prohibited Plants. Plant species that are listed in Appendix A, Plant Lists as prohibited plants are
   not allowed in the City of McAllen.

Sec. 9-2.3 Selection of Plant Material
A. Generally. Plant material that is used to demonstrate compliance with this Article shall be
   selected as provided in this Section.
B. Approved Plant List. A list of approved plants is set out in Appendix A, Plant Lists. The list
   separates plants into Large Trees, Small Trees, Evergreen Trees, and Shrubs, and classifies each
   according to whether or not the species counts towards the Xeric planting requirements of
   subsection E., below. The Director of Parks and Recreation and the City Arborist are delegated
   the authority to modify the approved plant list according to the following criteria:
     1. Adding Plants to the Approved Plants List. Plants may be added to the list if the Director
        finds a preponderance of credible evidence that the species:
          a. Is not on any of the following lists:
              i.    The United States Department of Agriculture's Invasive and Noxious Weeds list
                    for the State of Texas;
              ii.   The Texas Noxious Weed List, promulgated by the Texas Department of
                    Agriculture; or
             iii.   The City of McAllen prohibited plant list; and
          b. Is either native to the region or not invasive; and
          c. Has one or more of the following characteristics:
              i.    Drought-tolerance (low or medium water consumption);
              ii.   Fire resistance;
             iii.   Produces a food crop; or
             iv.    Provides habitat for native wildlife or migratory birds.
     2. Restrictions Near Rights-of-Way. Plants may be annotated as limited to locations that are
        more than 10 feet from street rights-of-way if the Director finds that the trees are already
        present in such numbers along City rights-of-way that further installation of the species
        would likely violate subsection D.3., below.




                                                     188                                   DRAFT 3.28.11
        3. Removing Plants from the Approved Plants List. Plants may be removed from the approved
           plants list if the species is, or is placed on, any of the lists identified in subsection B.1.a.,
           above.
 C. Prohibited Plant List. The Director of Parks and Recreation and the City Arborist are delegated
    the authority to add species to the prohibited plant list to make it consistent with the lists
    identified in subsection B.1.a.i. and B.1.a.ii., above.
 D. Required Biodiversity. Diversity of the genera and species of trees and shrubs is required in
    order to prevent monocultures which could result in large-scale losses in the event of disease or
    blight. Therefore, when more than 10 trees (total) are required on a parcel proposed for
    development:
        1. Within each category of required landscaping (i.e., large trees, small trees, and shrubs)
           used on a parcel proposed for development:
             a. Not more than 40 percent shall be of any one genera; and
             b. Not more than 20 percent shall be of any one species.
        2. Each street block shall have at least three genera of street trees. For the purpose of this
           paragraph only, street trees shall include all trees that are planted within 10 feet of the
           public street right-of-way.
 E. Required Xeric Plantings. At least 30 percent of each category of plants (i.e., large trees, small
    trees, evergreen trees, and shrubs) that are used to meet the landscaping requirements of this
    Article shall be listed as Xeric in Appendix A.
 F. Minimum Size of Plants at Installation. Plant material that is installed to comply with the
    requirements of this Article shall be of the following minimum sizes at installation:

                                               TABLE 9-2.3
                                  MINIMUM SIZE OF PLANTS AT INSTALLATION
Type of Plant Material                                              Minimum Size at Installation
Large Tree                                                                  4 inch caliper
Small Tree                                                                 2.5 inch caliper
Evergreen Tree                                                             6 feet in height
Shrub                                                                    5 gallon container
Palm                                                                   10 ft. clear trunk height


 G. Quality of New Plantings.
        1. All landscape material shall be in compliance with the standards of the American Nursery
           and Landscape Association.
        2. Single trunk tree species with co-dominant trunks (multiple trunks of equal size) shall not
           be used. Single trunk trees shall have one trunk to the top, and all branches shall be less
           than half of the diameter of the adjacent trunk.




DRAFT 3.28.11                                         189
     3. All plant material shall have a habit of growth that is normal for the species and shall be of
        sound health, vigorous growth, and free from insect pests, diseases and injuries.
     4. Sod shall be solid, seeding of turf grasses is not allowed.

Sec. 9-2.4 Calculation of Planting Requirements
A. Generally. The planting rquirements of this Article are set out in terms of the minimum number
   of large trees, small trees, evergreens, and shrubs per 100 linear feet of bufferyard or per unit
   of land area (which may be "per lot," "per sf.," or "per acre").
B. Credits. Credit is provided for preservation of existing trees as set out in Section 9-2.5, Credit for
   Existing Trees.
C. Substitution of Large Trees. Palm trees or small trees may be substituted for large trees at a 3
   to 1 ratio (3 palms or small trees per large tree substituted), according to the following
   standards:
     1. Palm Tree Requirements. Unless a provision of this Article specifically allows otherwise,
        palm trees shall be installed in clusteres with varying heights between 10 ft. clear trunk
        height and 14 ft. clear trunk height, in order to provide visual interest.
     2. Small Tree Requirements. Small trees may be used instead of palms or large trees only if
        palms or large trees would conflict with existing overhead power lines or existing buildings.
D. Limitations on Palm Trees. Not more than 80 percent of the trees used to comply with this
   Article may be palm trees.
E. Species diversity. Species used to meet the requirements of this Article shall be diversified as
   follows (calculations shall be rounded up to the nearest whole number):
     1. In order to avoid large monocultures of trees and shrubs, no more than 20 percent of each
        category of required landscaping (large trees, small trees, evergreens, palms, and shrubs)
        on a site shall be of any one species; and no more than 40 percent of each category shall
        be of any one genera.
     2. Street trees shall be diversified to prevent large-scale losses in the event of disease or
        blight. Each street block shall have at least 3 genera of street trees, and no more than 40
        percent of the street trees in the City shall be of the same genus.

Sec. 9-2.5 Credit for Existing Trees
A. Generally. Sites shall be designed so as to preserve protected trees. Where there is significant
   existing vegetation on site, staff may require an inventory of plant material. Existing, healthy
   trees shall not be removed unless the City determines that no other option is available. Existing
   trees qualify for credit against the requirements of this Article as provided in this Section.
B. Quality of Existing Trees. Existing trees that are protected according to Section 9-6.3, Tree
   Protection During Construction and Development, count towards the planting requirements of
   this Article, provided that:
     1. They are either:




                                                   190                                       DRAFT 3.28.11
              a. On the approved plant list; or
              b. Established for at least 5 years and not on the prohibited plant list; and
        2. They are not:
              a. Overmature;
              b. Diseased;
              c. Poor in form; or
              d. Leaning heavily.
 C. Credit for Preservation of Trees. It is the policy of the City to promote the preservation of its
    healthy mature tree canopy. Healthy, mature trees that are preserved on-site shall count as
    more than one tree for the purposes of landscaping requirements, as set out in Table 9-2.5,
    Credit for Preservation of Trees.

                                                          TABLE 9-2.5
                                              CREDIT FOR PRESERVATION OF TREESBB
          Preserved Healthy Tree Unit of Measurement (use whichever one produces the most credit)
Diameter at Breast Height                                           Tree Height                  Years Established   Credit
At least 3.5 inches, but less than 5 inches              At least 10 ft., but less than 15 ft.         Any           1 tree
At least 5 inches, but less than 9 inches                At least 15 ft., but less than 24 ft.          5            2 trees
At least 9 inches, but less than 12 inches               At least 24 ft., but less than 32 ft.          10           3 trees
At least 12 inches, but less than 16 inches              At least 32 ft., but less than 40 ft.          15           4 trees
16 inches or more                                                  40 ft. or more                20 years or more    5 trees


 C. Transplanting Existing Trees. Credit shall be given for trees that are transplanted from one part
    of the parcel proposed for development to another if:
        1. The trees are transplanted according to the American National Standard for Transplanting
           of Trees (ANSI A300 Part 6 Transplanting).
        2. Surety is provided that will ensure replacement of the transplanted tree with the number
           of new trees for which credit was given according to Table 9-2.5, Credit for Preservation of
           Trees. The surety shall be effective for a period of two years from the date the tree is
           installed in its new location.
 D. Application of Tree Preservation Credit. The tree preservation credit is applied towards the
    requirements for the area in which the tree is planted. If there are no requirements for that
    area, the credit applies in the following order of descending priority:
        1. Private lot requirements;
        2. Parking lot requirements; and
        3. Bufferyard requirements, provided that the tree is located between the bufferyard to
           which the credit applies and the building or use that is being buffered.




DRAFT 3.28.11                                                   191
Division 9-3 Bufferyards
Sec. 9-3.1 Types of Bufferyards
 A. Generally. The bufferyards that are required by this MDC are based on opacity, or the amount
    of screening that they provide. Bufferyards are classified from less opaque (“Type A”) to more
    opaque (“Type E”). The minimum planting requirements for each type of bufferyard are set out
    in this Section, except that parking bufferyard standards are set out in Section 9-3.4, Parking
    Bufferyards.
 B. Standard Bufferyards without Structures. Bufferyards without structures (walls or fences) are
    the preferred bufferyard type where the bufferyard is installed along a street, drainageway, or
    open space, unless standards for the proposed use require a bufferyard with structures. The
    width and composition of each type of bufferyard, without structures, shall be as set out in
    Table 9-3.1A, Bufferyard Classifications; No Structures or Berms.

                                                TABLE 9-3.1A
                             BUFFERYARD CLASSIFICATIONS; NO STRUCTURES OR BERMS
                                                              Plants Per 100 Linear Feet of Bufferyard
Classification (%
opacity)            Width                   Large Trees           Evergreens          Small trees               Shrubs
Type A (10%)        10 ft.                        2                    -                   1                     15
Type B (25%)        10 ft.                        3                    2                   1                     15
Type C (50%)        15 ft.                        6                    3                   4                     25
Type D (65%)        25 ft.                        6                    5                   7                     25
Type E (80%)        40 ft.                        7                    7                   2                     25


 C. Standard Bufferyards with Structures. Bufferyards with structures (walls or fences) are the
    preferred bufferyard type where the bufferyard is installed along a district boundary that is not
    a street, or where there is a specific security need that requires a wall or fence. See Table 9-
    3.1B, Bufferyard Classifications; With Structures or Berms.

                                                TABLE 9-3.1B
                            BUFFERYARD CLASSIFICATIONS; WITH STRUCTURES OR BERMS
                                      Plants Per 100 Linear Feet of Bufferyard
Classification (%                                                                    Berm and / or Opaque Wall or
opacity)            Width         Large trees Evergreens Small trees        Shrubs   Fence1
Type A (10%)        5 ft.         -           -           -                20        30 in. tall masonry wall
Type B (25%)        5 ft.         2           -           1                20        3 ft. tall masonry wall
Type C (50%)        10 ft.        4           -           3                30        5 ft. tall masonry wall
                                                                                     4 ft. tall (average) variable berm; 3
Type D (65%)        20 ft.        3           6           2                30        ft. tall masonry wall near top of
                                                                                     berm




                                                          192                                                  DRAFT 3.28.11
                                                  TABLE 9-3.1B
                              BUFFERYARD CLASSIFICATIONS; WITH STRUCTURES OR BERMS
                                                                                           4 ft. tall (average) variable berm; 6
Type E (80%)              30 ft.       6            5            2            30           ft. tall masonry wall near top of
                                                                                           berm
TABLE NOTE:
1
  Plant material, except large trees, must be installed on the outside of the wall or fence.


 D. Alternative Bufferyards. [LINK TO BUFFERBUILDER APPLICATION WILL BE PROVIDED]
       1. Generally. In the alternative to the bufferyards set out in subsections B. and C., above, an
          applicant may use the City of McAllen Bufferyard Model to establish a bufferyard with
          comparable or greater opacity. The bufferyard model computes the opacity of bufferyards
          based on user-defined width; plant type; number of plants of each type per 100 linear feet
          of bufferyard; the presence and height of berms; and the presence and height of opaque
          fences or walls.
       2. Approval of Modeled Bufferyards. Alternative bufferyards developed using the City of
          McAllen Bufferyard Model shall be approved if it is demonstrated that:
               a. Opacity. The opacity of proposed bufferyards that apply the bufferyard
                  model must be at least that which is required by this MDC.
               b. Width.
                   i.     The width of the proposed bufferyard shall be not less than 5 feet. However, if a
                          bufferyard width is mandated by a limited or conditional use standard, no
                          reductions from the specified width are permitted unless authorized by a
                          variance.
                  ii.     The bufferyard model must show that the proposed bufferyard width is
                          adequate for the installation of the proposed landscaping, structures, and /
                          or berms; or a registered landscape architect shall certify that the bufferyard is
                          designed such that the plants selected will fit in the proposed space at maturity
                          without compromising their health, longevity, or stability.

Sec. 9-3.2 District Bufferyard Standards
 A. Generally.
       1. Table 9-3.2, District Boundary Bufferyard Standards, sets out the opacity of the bufferyard
          that is required between zoning districts where the district boundary line follows the
          property line of the parcel proposed for development.
       2. If the district boundary line is located at the edge of or centerline of an abutting easement,
          right-of-way, or permanent open space that is wider than 50 feet, then the standards of
          Table 9-3.2, District Boundary Bufferyard Standards, apply only if:
               a. The district of the proposed development is IH; or




DRAFT 3.28.11                                                   193
              b. The district that is directly across a street right-of-way from the side or rear property
                 line of the parcel proposed for development is NC, NT, RE, RS, RG, or RU.
 B. Interpretation of Table. Table 9-3.2, District Boundary Bufferyard Standards, is a matrix in which
    all districts are shown. Rows show the zoning of the parcel proposed for development, and
    columns show the abutting zoning district. The black cells indicate where both parcels have the
    same zoning classification.
 C. Determination of District Bufferyard Requirement. To determine the required district
    bufferyard for a parcel proposed development:
      1. The number in the cell at the intersection between the row that represents the district of
         the parcel proposed for development and the column that represents the zoning of
         abutting property is the required bufferyard opacity if the abutting property is developed
         and does not include the bufferyard that would be required of it by Table 9-3.2, District
         Boundary Bufferyard Standards.
      2. A reduced bufferyard that is calculated as the difference between the bufferyard opacity
         indicated for the parcel proposed for development and the bufferyard that is required of
         the abutting property (but not less than zero) is allowed if the abutting property is
         developed and the development includes at least the bufferyard required by Table 9-3.2,
         District Boundary Bufferyard Standards.
      3. The symbol "-" means that no bufferyard is required on the parcel proposed for
         development, whether or not a bufferyard is provided on abutting property.

                                               TABLE 9-3.2
                                 DISTRICT BOUNDARY BUFFERYARD STANDARDS
District of                                              Abutting District
Proposed
Development
                     -/-   -/-   -/-   -/-   -/-   -/-     -/A    -/B        -/-   -/B   -/-   -/-   -/B    -/C   -/E
               -/-         -/-   -/-   -/-   -/A   -/B     -/C    -/C    -/B       -/C   -/C   -/-   -/B    -/C   -/E
               -/-   -/-         B/-   B/-   B/-   B/-     B/-    B/-    B/-       -/-   -/-   -/-   -/-    -/-   -/E
               -/-   -/-   -/B         -/-   -/B   -/B     -/B    -/B    -/B       -/C   -/D   -/-   -/C    -/D   -/E
               -/-   -/-   -/B   -/-         -/C   -/B     -/B     -/-   -/B       -/C   -/C   -/-   -/B    -/D   -/E
               -/-   A/-   -/B   B/-   C/-         -/B     -/C    -/D A/C A/D A/D E/-                -/D -/D      -/E
               -/-   B/-   -/B   B/-   B/-   B/-           -/B    -/C A/B A/C A/C D/-                -/C    -/D   -/E
               A/-   C/-   -/B   B/-   B/-   C/-   B/-            -/B A/B A/C B/A C/-                -/B    -/D   -/E
               B/-   C/-   -/B   B/-   -/-   D/-   C/-     B/-           A/A A/B A/A B/-             -/B    -/D   -/E
               -/-   B/-   -/B   B/-   B/- C/A B/A B/A A/A                         A/A A/C A/A A/B -/D            -/E
               B/-   C/-   -/-   C/-   C/- D/A C/A C/A B/A A/A                           A/-   B/- A/A -/C        -/D
               -/-   C/-   -/-   D/-   C/- D/A C/A B/A A/A C/A -/A                             -/-   -/A    -/D   -/E
               -/-   -/-   -/-   -/-   -/-   -/E   -/D     -/C    -/B A/A -/B            -/-         -/B    -/C   -/E




                                                         194                                               DRAFT 3.28.11
                                                      TABLE 9-3.2
                                        DISTRICT BOUNDARY BUFFERYARD STANDARDS
District of                                                       Abutting District
Proposed
Development
                  B/-       B/-   -/-   C/-   B/-       D/-   C/-    B/-   B/- B/A A/A A/-           B/-             -/B   -/D
                  C/-       C/-   -/-   D/-   D/-       D/-   D/-    D/-   D/-     D/-   C/-   D/-   C/-   B/-             -/C
                  E/-       E/-   E/-   E/-   E/-       E/-   E/-    E/-   E/-     E/-   D/-   E/-   E/-   D/-       C/-


 D. Existing Walls. Existing walls may be counted towards bufferyard requirements if they are in
    good repair. However, if more than one wall is installed in abutting bufferyards, only the larger
    of the two walls is counted towards the overall opacity of the combined bufferyard. Fences and
    walls in abutting bufferyards shall not be located closer than 10 feet to each other.
 E. Additional Requirements. Some limited uses and conditional uses require higher bufferyard
    classifications, as specified Division 2-4, Limited and Conditional Use Standards.

Sec. 9-3.3 Street Bufferyards
 A. Generally. All multifamily, nonresidential, and mixed-use development shall include a
    street bufferyard, as specified in this Section, along property lines that are coterminous
    with arterial or collector right-of-way lines unless:
        1. A more opaque bufferyard is required by:
                 a. Division 2-4, Limited and Conditional Use Standards;
                 b. Conditions of development approval; or
                 c. Section 9-3.1, District Bufferyard Standards, subsection A.2.; or
        2. The parcel proposed for development is in the OS, AG, PR, or CBD districts, in which case
           no street bufferyard is required.
 B. Street Bufferyard Standards. Street bufferyards shall be provided as specified in Table 9-3.3,
    Street Bufferyard Requirements.

                                                       TABLE 9-3.3
                                              STREET BUFFERYARD STANDARDS
                                              Zoning District of Parcel Proposed for Development
Classification of
Abutting Street
All Arterials           B         B      B          B         B       B        B         A     A       B         A         A
Parkways                B         B      B          B         B       B        B         B     B       B         B         B
All Collectors          B         B      B          B         B       B        B         B     B       B         B         A




DRAFT 3.28.11                                                       195
Sec. 9-3.4 Vehicular Use Area Bufferyards
A. Generally. Vehicular use areas, including parking areas, drive-through lanes, drive-in lanes, and
   stacking areas, shall be buffered as set out in this Section. Tuck-under parking and structured
   parking are subject to the standards of subsection C., and subsection D., respectively, and not
   the standards of subsection B.
B. General Requirements.
     1. Generally. Vehicular use area bufferyards are located along the perimeter of parking lots
        and between drive-through lanes, drive-in lanes, and stacking areas and the street. Their
        purpose is to mitigate the impact of headlights on streets and abutting residential
        property, and to reduce the aesthetic impact of parked cars on the character of the street.
     2. Relationship to Other Bufferyard Requirements. If a bufferyard is required by this MDC in a
        location that would serve the purpose of this Section, then the planting and / or structural
        requirements of this Section may be counted towards the requirements of the other
        bufferyard, and the bufferyards may overlap. This section does not allow for a reduction in
        the width or density of other bufferyards.
     3. Where Required. Vehicular use area bufferyards are required:
          a. Between parking lots and abutting residential lots, unless the entire area between the
             parking lot and the abutting lot is occupied by a building.
          b. Between drive-through lanes, drive-in lanes, and stacking areas and abutting
             residential lots, unless:
              i.   The drive-through lanes, drive-in lanes, or stacking areas is located more than 25
                   feet from the abutting residential lot line and the direction of traffic flow is such
                   that headlights do not shine into residential windows; or
             ii.   The entire area between the drive-through lanes, drive-in lanes, or stacking
                   areas and the abutting lot is occupied by a building.
          c. Between vehicular use areas and streets, except in areas where:
              i.   The edge of the vehicular use area is at least 25 feet away from the edge of
                   pavement; or
             ii.   The area between the vehicular use area and the street is occupied by a building
                   or access point to the parcel proposed for development.
     4. Composition. Vehicular use area bufferyards shall be composed of any of the following, set
        in a bufferyard area that is at least three feet wide:
          a. A three-foot high masonry wall, measured from the surface of the parking lot in the
             area that is closest to the wall; and / or
          b. Shrubs planted to form a continuous buffer that is at least three feet in height if the
             plants form a hedge with comparable opacity from the ground to three feet in height,
             or five feet in height if ornamental grasses are used that do not provide opacity that




                                                  196                                      DRAFT 3.28.11
                is comparable to a hedge at three feet in height. If shrubs or ornamental grasses are
                used, the landscape area shall be set back from parking spaces:
                i.    Three feet from the edge of pavement if there are no curbs or wheel stops; or
                ii.   Three feet from the face of the curb or parking bumper that faces the parking
                      space. See Figure 9-3.4A, Illustrative Composition of Parking Lot Bufferyard.

                                            FIGURE 9-3.4A
                          ILLUSTRATIVE COMPOSITION OF PARKING LOT BUFFERYARD




 C. Tuck-Under Parking. Tuck-under parking shall be located and accessed behind buildings. It shall
    be screened from view from adjacent properties and rights-of-way by buildings or a bufferyard
    that includes a masonry wall, berm, or combination thereof, that is at least 4 feet in height, with
    shrubs planted between the wall and the property or right-of-way line at a density of 30 shrubs
    per 100 linear feet of wall, and either two small trees or four palm trees planted on either side
    of the wall. See Figure 9-3.4B, Illustrative Tuck-Under Parking Screening.

                                             FIGURE 9-3.4B
                              ILLUSTRATIVE TUCK-UNDER PARKING SCREENING




DRAFT 3.28.11                                      197
D. Structured Parking. Structured parking shall be screened from view from public rights-of-way
   and abutting properties (except at points of ingress and egress) in one or more of the following
   ways:
     1. Liner buildings or other buildings that are not parking structures;
     2. A six-foot wide planting strip, planted with trees suitable for street tree installations,
        planted between 25 and 35 feet on center; or
     3. A Type B bufferyard.

Division 9-4 Development Landscaping
Sec. 9-4.1 Ground Cover
A. Generally. In order to prevent erosion and wind-blown dust, pervious areas shall be planted or
   covered with trees, shrubs, groundcovers (which may include sod), mulch, or garden plants.
B. Limitation on Sod. In nonresidential, multifamily, and mixed-use development, not more than
   30 percent of the area covered with groundcovers may be planted with sod. Athletic fields shall
   not be counted in this calculation.
C. Mulch. Mulch may be inorganic (e.g., stone, gravel, tumbled glass, or shredded rubber); or
   organic (e.g., pine bark, shredded hardwoods); however materials that float shall be contained
   by edging or topography.
D. Plastic Sheeting and Landscape Fabric.
     1. If plastic sheeting is applied under mulched areas, the areas are counted towards the
        impermeable surface ratio of the parcel.
     2. If permeable landscape fabric is applied under mulched areas, the areas are not counted
        towards the impermeable surface ratio of the parcel.

Sec. 9-4.2 Landscape Surface and Common Open Space
A. Generally. The standards of this Section apply to required landscape surfaces and common
   open spaces which are not also designated as:
     1. Private residential lots;
     2. Parking lot landscape areas;
     3. Bufferyards;
     4. Dry basin stormwater detention facilities;
     5. Areas of open water (including wet basin stormwater detention or retention facilities);
     6. River, stream, or creek channels; irrigation canals; or drainage canals;
     7. Natural resource protection areas; and / or
     8. Play fields and other active recreation areas that must be clear of trees.




                                                  198                                   DRAFT 3.28.11
 B. Planting Requirements. Required landscape surfaces and common open spaces shall be planted
    with the number plants of each type of plant material that is required by Table 9-4.2, Minimum
    Number of Landscape Plants per 1,000 sf. Landscape Surface or Common Open Space.
    Landscaping requirements for common open space and landscape surfaces are not applied in
    Open Space (OS), Agriculture (AG), Public and Recreation (PR), Central Business District (CBD)
    districts. In calculating the requirements for a parcel proposed for development, standard
    rounding shall be used to ensure a whole number of plants for each type of plant material.

                                         TABLE 9-4.2
    MINIMUM NUMBER OF LANDSCAPE PLANTS PER 1,000 SF. LANDSCAPE SURFACE OR COMMON OPEN SPACE
                                                              Zoning District

Type of Plant                  E         S        A
Material                       E         S        A
Large Trees              0.4       0.4       0.3      0.2     0.4        0.3    0.2   0.4    0.4     0.5
Evergreens                -         -         -        -          -       -      -     -     0.5      1
Small Trees              1         0.8       0.8      0.6     0.8        0.8    0.6   0.8     1       2
Shrubs                   20        15        15       15      15         15     15    15     20       20


Sec. 9-4.3 Private Lots
 A. Generally. The requirements of this Section apply only to single-family or duplex development
    for which building permits for new construction or redevelopment are applied for after the
    effective date. Standard rounding techniques shall be applied to the outcome of the calculations
    required in this Section.
 B. Quantity and Distribution of Plant Material.
         1. Generally. Generally, required plants may be installed in any location on the lot. However,
            trees shall be planted in locations that provide adequate room for healthy growth and
            stability.
         2. Front Yards. Front yards shall be planted with at least the number of trees that are
            specified in paragraphs a., b., and / or c., below, as appropriate. These front yard plantings
            count toward the general private lot planting requirements set out in subsection B., above.
                a. Lots that are developed or redeveloped with single-family homes or duplexes with
                   garage doors that face the street shall be planted with at least:
                   i.     One large tree, if abutting rights-of-way are planted with street trees within 15
                          feet of the front property line; or
                   ii.    One large tree for the first fifty feet of frontage and one large tree for each
                          additional 25 feet of frontage, if abutting rights-of-way are not planted with
                          street trees within 15 feet of the front property line.
                b. Lots that are developed or redeveloped with buildings that have garage doors that
                   are angled from the street at least 45 degrees shall be planted with at least:




DRAFT 3.28.11                                               199
              i.   One large tree or evergreen tree and one small tree, if abutting rights-of-way are
                   planted with street trees within 15 feet of the front property line; or
             ii.   One large tree for the first forty feet of frontage and one large tree for each
                   additional 25 feet of frontage, if abutting rights-of-way are not planted with
                   street trees within 15 feet of the front property line.
          c. Lots that are developed or redeveloped with buildings that are more than 60 feet
             wide or more than one and one-half stories in height shall be landscaped with large
             trees or evergreen that are arranged to break up the appearance of building mass, so
             that the building is perceived to be divided into widths of no greater than 50 feet
             when viewed from street-level vantage points along public street rights-of-way. Trees
             planted in accordance with subsections C.2.a. and C.2.b., above may be applied to
             this requirement.
C. Rear Yards. All rear yards shall be planted with at least one tree, which may be large, small, or
   evergreen.

Sec. 9-4.4 Parking Lots
A. Generally. Parking lot landscaping is required in every parking lot, but not in parking areas on
   single-family detached, single-family attached, duplex, and (if they contain private garages)
   multiplex buildings. Parking lot landscaping shall be installed in landscape islands and in corners
   of parking lots that cannot be used for parking spaces due do geometric constraints. Such
   corners shall be delineated by the extension of the back line of the parking spaces that define
   the corner. See Figure 9-4.4, Parking Lot Planting Areas.
B. Planting Areas. Planting areas shall be arranged within parking lots as follows:
     1. A planting area shall be installed at each end of a parking row that intersects with an aisle,
        except on the outside of corners (which are corner planting areas). See Figure 9-4.4,
        Parking Lot Planting Areas.
     2. A planting area shall be installed at each corner of the parking lot. See Figure 9-4.4, Parking
        Lot Planting Areas.
     3. A planting area shall be provided between parking modules for each two parking modules
        that are arranged parallel to each other. For the purpose of this calculation, fractions shall
        be dropped. See Figure 9-4.4, Parking Lot Planting Areas.
     4. Landscape islands shall be provided as necessary to meet the planting requirements of
        subsection D. within the overall planting area that is required by multiplying the total
        number of required large trees (calculated as set out in subsection D., below) by the area
        per tree required by subsection C., below. See Figure 9-4.4, Parking Lot Planting Areas. In
        order to ensure adequate room for canopy spread, landscape islands shall not be
        configured "back to back." Instead they must be separated by at least 40 feet at their
        nearest edges.




                                                  200                                      DRAFT 3.28.11
                                                    FIGURE 9-4.4
                                             PARKING LOT PLANTING AREAS
                                                       To Be Provided


 C. Planting Area Per Tree. Each required large tree shall be installed in a permeable area that is:
        1. Not less than 125 square feet; and
        2. Not less than 9 feet in any horizontal direction.
 D. Planting Requirements.
        1. Large trees shall be installed as required by Table 9-4.4, Parking Lot Planting Requirements.
           Such trees shall be distributed around the parking lot so that each planting area includes at
           least one tree, and all parking spaces are located within 50 feet of the center of a tree
           trunk.
        2. Landscape islands and planting areas between parking modules shall be planted with Xeric
           groundcovers or grasses (not drought-intolerant turfgrass varieties), or, if used as part of a
           biological stormwater treatment system, with groundcovers that are appropriate to that
           function.

                                                     TABLE 9-4.4
                                         PARKING LOT PLANTING REQUIREMENTS
                                           Zoning District of Parcel Proposed for Development
Planting
Requirement
Number of
surface
parking         12     15     12    12     12     10     10     12      12   10    10    10     15   10   12   15
spaces per
large tree1
Number of
surface
parking         6      7      6      6      6      5      5      6      6    5     5      5     7    5    6    7
spaces per
           1
small tree
TABLE NOTE:
1
  Surface parking spaces do not include stacking and loading spaces.


 E. Protection of Planting Areas. Planting areas shall be protected by wheel stops and 6 inch curbs.
    Curbs may be punctuated to allow for stormwater flows into biological treatment areas
    pursuant to an approved drainage plan, provided that the punctuations do not interfere with
    their protective function.




DRAFT 3.28.11                                                 201
Sec. 9-4.5 Street Trees
A. Generally. Street trees shall be planted according to the standards of subsection B., below, in
   the following circumstances:
     1. Along both sides of all streets (except alleys) in the Central Business District, Urban
        Residential, and Activity Center districts (except where the street is an existing street
        without room for the installation of street trees);
     2. Along both sides of new streets in other districts where there is sufficient right-of-way
        width to accommodate the street tree lawn; and
     3. Along existing rights of way where a street tree lawn is present and the entity responsible
        for the right-of-way authorizes the improvement.
B. Street Tree Requirements. Street trees shall be provided in street tree lawns or tree grates in
   sidewalks as follows:
     1. Along new streets that are created on a parcel proposed for development;
     2. In medians that are created on a parcel proposed for development;
     3. In medians that are constructed near a parcel proposed for development in order to
        manage the traffic impacts of the development, provided that the medians:
          a. Are of sufficient width to accommodate the root system;
          b. Are maintained by the property owners' association of the development that
             provides the median; and
          c. The installation of street trees in the median would not be detrimental to public
             safety.
C. Spacing.
     1. Generally. Street trees shall be spaced 60 feet on center in street tree lawns, but shall not
        be installed in locations that interfere with required sight triangles. Special plantings may
        be clustered if it is demonstrated that the cluster arrangement will not negatively affect
        the long-term health of the clustered trees.
     2. Wide street tree lawns and medians.
          a. If a median or street tree lawn is greater than 20 feet in width, then large trees shall
             be installed in two rows, with trees staggered, each row spaced 60 feet on-center.
             See Figure 9-4.5, Illustrative 22-Foot Wide Street Tree Lawn.
          b. If a median is 11 feet or more in width, up to 20 feet in width, then it shall be planted
             with large trees, spaced a distance equal to the diameter of the tree canopy at
             maturity, less 10 percent.




                                                 202                                      DRAFT 3.28.11
                                             FIGURE 9-4.5
                             ILLUSTRATIVE 22-FOOT WIDE STREET TREE LAWN




 D. Tree Selection. All trees planted within parkways shall be large trees with single-stemmed
    trunks, branched no lower than six feet above median grade (for visibility purposes).
 E. Substitution of Large Trees. Palm trees or small trees may be substituted for large trees as
    provided in Section 9-2.4, Calculation of Planting Requirements, in locations where building
    setbacks or build-to lines would create conflicts between buildings and large trees, or where
    overhead utilities require trees with a mature height that is less than the elevation fo the power
    lines. However, if such substitutions are made, then:
      1. Small trees or palm trees shall be:
           a. Clustered in groups of three; or
           b. Spaced at intervals of 20 feet on center.
      2. If used, small trees shall be selected which will fit within the street tree lawn without
         interfering with the street or sidewalk right-of-way.

Division 9-5 Resource Protection Area Landscaping
Sec. 9-5.1 General Requirements
 A. Generally. Natural resource protection areas may require landscaping in order to restore or
    enhance their resource values. Such landscaping may be counted towards the requirements of
    this Article (if it meets the size and quality requirements), and shall receive priority over other
    unallocated open space or landscape surface landscaping (i.e., landscaping that is not allocated
    to parking lots, private lots, bufferyards, etc.).
 B. Restoration of Resource Protection Areas. If additional planting would enhance the resource
    value of a natural resource protection area, the area shall be planted with native vegetation
    that would typically be found in the type of natural community that is being protected. The
    plantings may be irrigated with temporary systems in order to ensure that they become
    established. However, permanent irrigation systems are not allowed in resource protection
    areas unless extraordinary circumstances (e.g., a federally mandated habitat management plan
    or other unusual circumstance) justifies the installation. Invasive plant species shall be removed
    from natural resource protection areas.




DRAFT 3.28.11                                      203
Division 9-6 Tree Protection and Care
Sec. 9-6.1 Planting Locations
A. Generally. In addition to the other requirements of this Article, the following rules apply to the
   installation of plants.
B. Distance from Utilities.
     1. No street or canopy trees shall be planted under or within 10 lateral feet of any overhead
        utility lines.
     2. No trees, except street tree species that are approved by the City, shall be planted over or
        within five lateral feet of any underground water line, sewer line, transmission line, or
        other utility line, or as required by the owner of the utility or the requirements of the
        specific easement.
C. Sight Distance Triangles. Trees shall not be installed in locations where there is a substantial
   likelihood that the mature form of the tree would have to be materially compromised in order
   to maintain sight distance triangles.

Sec. 9-6.2 Maintenance and Care of Trees and Landscaping
A. Generally. Uses that require landscape plans shall provide for the care and maintenance of
   landscaping and trees within the landscape plan. Maintenance Responsibility. The owner of the
   lot or parcel or the manager or agent (which may be a mandatory property owners' association
   if such is provided in the association's governing documents), shall be responsible for the
   maintenance of all landscape areas, including abutting landscaped portions of public rights-of-
   way.
B. Maintenance Standards.
     1. All landscaped areas shall be kept free from refuse and debris.
     2. Maintenance and care of landscaping on multifamily, mixed-use, and nonresidential
        properties (except agricultural properties) shall be according to the most current ANSI
        A300 Standards for Tree Care Operations.
     3. In other areas, maintenance and care shall meet the following standards:
          a. Landscape areas, including abutting landscaped portions of public rights-of-way, shall
             be pruned as needed to present a healthy, neat and orderly appearance at all times.
          b. All landscaped areas shall be watered as needed to ensure continuous healthy growth
             and development.
          c. Maintenance shall include the removal and replacement of dead, dying or diseased
             plant material.
          d. Trees extending over a street shall be kept pruned so as to not interfere with street
             traffic.




                                                 204                                     DRAFT 3.28.11
      4. Nothing in this section shall require any application or permit from any public utility
         provider prior to removing a tree whenever it has determined the tree poses a hazard, or
         interferes with restoration or continuation of utility services.
 C. Pruning Practices. Topping, tipping, bark ripping, flush cutting, and stub cutting are prohibited
    for trees that are installed and maintained:
      1. Pursuant to an approved landscape plan (except on single-family and duplex lots that are
         maintained by the property owner); or
      2. Within the public right-of-way.

Sec. 9-6.3 Tree Protection During Construction and Development
 A. Generally. Existing trees that are to be counted towards landscaping requirements shall be
    protected according to the requirements of this Section.
 B. Identification of Protected Root Zone. The protected root zone is the larger of:
      1. The area under the dripline of the tree; or
      2. A radius that extends from the center of the trunk 18 inches per one inch of diameter at
         breast height of the protected tree. See Figure 9-6.3, Protected Root Zone.

                                            FIGURE 9-6.3
                                        PROTECTED ROOT ZONE




 C. Restrictions Within Protected Root Zone.
      1. The protected root zone of all protected trees shall be barricaded during construction to
         prevent damage to the trees and their roots by construction equipment or soil
         compaction. The barricades shall be posted "Off Limits / Fuera de los Límites." See Figure
         9-6.3, Protected Root Zone. A contiguous fenced area may enclose multiple protected root
         zones.
      2. No cutting or filling, nor storage of building materials or debris, nor disposal of wastes,
         shall take place within protected root zone of any protected tree.




DRAFT 3.28.11                                     205
     3. No impervious paving shall be placed within the protected root zone of any protected tree.
D. Tree Care During Construction. Protected trees shall be cared for regularly during construction
   as follows:
     1. Regular watering if rainfall is inadequate;
     2. Pruning of branches that are dead, diseased, hazardous, or detrimental to natural form;
        and
     3. Fertilizing if nutrient stress is apparent.

Sec. 9-6.4 Tree Removal and Replacement
A. Preservation of Existing Tree Stands. Development shall be designed so that significant stands
   of trees are preserved and located in designated open spaces whenever practicable. For the
   purposes of this requirement, a "significant stand" is a stand of trees with interconnected
   canopies that cover a total of at least 10,000 square feet of earth, or a single tree with a
   diameter at breast height of at least 12 inches. Sites that include significant numbers of trees
   shall not be clear cut in preparation for development. Instead, trees shall be removed only if:
     1. They are a prohibited species;
     2. They are unhealthy or structurally unsound;
     3. They are within 10 feet of an approved building footprint;
     4. They are within 5 feet of the paved area of an approved street or parking area;
     5. They are within 8 feet an approved outdoor recreation area that by its nature requires the
        removal of the trees (e.g., ballfields);
     6. They are within an approved stormwater retention/detention area and are not adapted to
        such conditions; or
     7. They are within six feet of a utility easement and would interfere with the use of the
        easement as determined by the City Engineer.
B. Removal of Trees for Development. A tree removal permit may be issued for the removal of
   trees that qualify under Subsection A., above, if it is demonstrated that:
     1. No reasonable alternative site design at the same density and intensity could be approved
        that:
          a. Would preserve the protected trees; or,
          b. If large-scale preservation is not possible, would preserve the largest of the protected
             trees; or
          c. If protection of the largest trees is not possible, would preserve a greater number of
             protected trees than the proposed development design.
     2. Relocation of the trees to another location on-site or within the City is not practically or
        economically feasible;




                                                      206                                 DRAFT 3.28.11
      3. The trees are replaced or mitigated according to the following standards:
           a. They are replaced with the number of new trees for which credit would be given if
              the protected trees were preserved (see Section 9-2.5, Credit for Existing Trees);
           b. At least 60 percent of all replacement trees will be native, drought tolerant species.
 C. Relationship to Landscaping Requirements. Replacement trees shall count toward the
    landscaping requirements of the areas in which they are planted. However, if this Section
    requires more trees than the other Divisions of this Article, then this Section controls.
 D. Protection of Existing Tree Stands or Trees Preserved by Landscape Plan. Protected trees shall
    not be removed, damaged (e.g., through topping or other improper pruning) or destroyed
    unless a tree removal permit is issued by the City. Trees that are not protected as provided in
    subsection A., above, by their presence in designated open space, or by landscape plan, may be
    removed, subject to the limitations of subsections A., and B., upon issuance of a building permit.
 E. Removal Without Replacement. A protected tree may be removed without replacement only in
    the following circumstances:
      1. The Director orders such removal due to a pending emergency; or
      2. The tree is cleared after it has fallen or been structurally damaged by a storm event; or
      3. A qualified professional certifies to the City that one or more of the following conditions
         exists:
           a. The protected tree is damaged by natural causes beyond the point of recovery;
           b. The protected tree is diseased beyond the point of recovery;
           c. The protected tree must be removed as a safety measure because it is in danger of
              falling;
           d. The protected tree threatens to damage property; or
      4. The protected tree is dead.

Division 9-7 Landscape Plans and Performance Guarantees
Sec. 9-7.1 Landscape Plan Required; Contents of Plan
 A. Generally. A landscape plan is required for all development which requires a site plan approval.
 B. Plan Contents. The landscape plan shall include the elements that are set out in this Section.
    The Director may waive elements of the landscape plan if the Director finds that they are
    unnecessary due to the type of development approval sought, or the conditions of the site
    being developed, or both. The Director is authorized to require additional information on the
    landscape plan as needed to administer the requirements of this MDC.
      1. Plan Drawing. The landscape plan drawing shall include all of the following information:
           a. A plan view drawing prepared at a standard scale that ensures clarity of the proposal
              (scale shall be approved by the Director), which shall indicate:




DRAFT 3.28.11                                     207
               i.   Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot
                    landscaping, etc.) for each planting area;
              ii.   Dimensions, surface area, and type of resource protection areas;
             iii.   The location and quantity of trees and shrubs to be installed, which shall be
                    drawn at three-fourths (3/4) of mature size and annotated with genus, species,
                    common name, drought tolerance, and size at planting;
             iv.    The location, quality, size (DBH), and protected root zone of trees that are to be
                    preserved on the site;
              v.    The location and extent of areas of groundcover; the groundcovers, turf, seed,
                    or inorganic materials to be installed or planted; and the type of underlayment
                    proposed to be used (if any);
             vi.    Existing and proposed topography of the site, shown at one-foot contours;
            vii.    Dimensions of all landscape elements, including fences, walls, border edge
                    treatments, berms, water features, bicycle racks, trash enclosures, street
                    furniture, public art, and recreational facilities, as applicable (Staff may require
                    details or specifications for landscape features or structures to be attached to
                    the landscape plan in order to facilitate subsequent inspection);
           viii.    Dimensions and surfacing of all easements, pedestrian walkways, and
                    pedestrian-oriented areas (existing and proposed);
             ix.    Location and dimensions of maintenance easements for drainage facilities;
              x.    Location of existing and proposed overhead and underground utilities;
             xi.    Location and base flood elevation of floodplains;
            xii.    Dimensions and slopes of stormwater detention areas;
            xiii.   Special landscape features for stormwater detention and treatment, such as
                    green roofs, rain gardens, or bioswales;
            xiv.    Dimensions and locations of sight distance triangles; and
            xv.     Location, genus, species, and spacing of street trees.
          b. Information regarding specific design techniques that will be used to prevent water
             infiltration or damage at the street section may be required by the Director if it is
             found that there is good cause to believe that such damage could occur.
C. Installation Details. Schematic drawings of typical plant installation methods shall be provided.
   Such drawings shall indicate whether and how the soil will be augmented to support the growth
   and health of the plant material.
D. Elevation Drawings. Scaled elevation drawings of proposed bufferyards shall be provided,
   showing the bufferyard at five to seven years of growth.




                                                   208                                      DRAFT 3.28.11
 E. Water Source. All landscape plans shall indicate the source or sources of irrigation water and
    the types of irrigation used. This information may be provided on a separate sheet.
 F. Schematic Irrigation Plans. Landscape Plans shall include a schematic irrigation plan that shows:
      1. The proposed lap/backflow preventer and irrigation controller location;
      2. The location of the manual gate valve that will control the entire irrigation system;
      3. The anticipated type of irrigation proposed for each landscape area or irrigation zone (turf,
         shrub beds, etc.);
      4. The recommended setback distance of all proposed irrigation heads from back or curb or
         edge of pavement; and
      5. All proposed sleeve locations.
 G. Tabular Data. Tabular data shall show the area of each required landscape area, the number of
    each type of plant required in each area, each plant type used, the number of plants of each
    type to be installed, and the genus and species of plants used to meet the requirements of this
    MDC.

Sec. 9-7.2 Irrigation and Continuing Maintenance
 A. Irrigation. All landscape areas shall be watered by an automatic sprinkler system. Drip irrigation
    is required for landscape improvements in the right-of-way.
 B. Open Space Landscaping (Including Common Parking Lots, if Present). Landscaping in common
    open space areas shall be maintained by a property owners' association that is established
    pursuant to the requirements of Section TBD. In the alternative, the responsibility for
    maintenance of common open space may be allocated to a lessee (e.g., if the open space is
    used as part of a farm operation), to a nonprofit conservation entity, or, if acceptable to the City
    Commission, the land may be dedicated to and maintained by the City of McAllen. The
    maintenance responsibility shall be set out in the landscape plan that is required by Section 9-
    7.1, Landscape Plan Required; Contents of Plan.
 C. Landscape Surface Area Landscaping (Including Parking Lots). Landscaping in designated
    landscape areas of nonresidential and mixed-use development shall be maintained by the
    applicant or successor in interest. In nonresidential and mixed-use developments that are
    subdivided or divided into condominium ownership, such successor in interest must be a
    mandatory property owners' association that collects dues for common area maintenance and
    that has a lien right for said dues. The maintenance responsibility shall be set out in the
    landscape plan that is required by Section 9-7.1, Landscape Plan Required; Contents of Plan.
 D. Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner,
    unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a
    property owners' association. The maintenance responsibility shall be noted in the landscape
    plan that is required by Section 9-7.1, Landscape Plan Required; Contents of Plan.
 E. Street Trees. Existing street trees and street trees that are installed according to the
    requirements of Section 9-4.5, Street Trees, shall be maintained by a subdivider, lot owner,




DRAFT 3.28.11                                      209
     tenant, homeowners association or other entity having a legal interest in the ownership of the
     subdivision or lots in the subdivision. The maintenance responsibility shall be set out in the
     landscape plan that is required by Section 9-7.1, Landscape Plan Required; Contents of Plan.

Sec. 9-7.3 Performance Guarantees
Landscaping that is installed to satisfy the requirements of this Article shall be guaranteed by the
developer for a period of two years following the date of installation. If replacement trees are
installed, they shall also be guaranteed for two years from the date of replacement. Guarantees shall
be in the form of a cash deposit.




                                                  210                                    DRAFT 3.28.11
Article 10 Floodplain Management and Flood Damage
Prevention

DRAFTER’S NOTE: THIS ARTICLE IS UNDER REVIEW BY CITY OFFICIALS WHO ADMINISTER THE CITY’S
FLOODPLAIN MANAGEMENT REGULATIONS. BUILDING ELEVATION REQUIREMENTS AND OTHER
STANDARDS OF THIS ARTICLE MAY BE MODIFIED AFTER THAT REVIEW.

Division 10-1 Statutory Authorization; Findings of Fact; Purpose and
Methods
Sec. 10-1.1 Statutory Authorization
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code,
Section 16.315, delegated the responsibility of local governmental units to adopt regulations
designed to minimize flood losses. The City Commission adopts this Article pursuant to this grant of
authority.

Sec. 10-1.2 Findings of Fact
The City Commission finds that:
      1. The flood hazard areas of the City of McAllen are subject to periodic inundation, which
         results in loss of life and property, health and safety hazards, disruption of commerce and
         governmental services, and extraordinary public expenditures for flood protection and
         relief, all of which adversely affect the public health, safety and general welfare.
      2. These flood losses are created by the cumulative effect of obstructions in floodplains
         which cause an increase in flood heights and velocities, and by the occupancy of flood
         hazard areas by uses vulnerable to floods and hazardous to other lands because they are
         inadequately elevated, floodproofed or otherwise protected from flood damage.

Sec. 10-1.3 Statement of Purpose
It is the purpose of this Article to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions designed to:
      1. Protect human life and health;
      2. Minimize expenditure of public money for costly flood control projects;
      3. Minimize the need for rescue and relief efforts associated with flooding and generally
         undertaken at the expense of the general public;
      4. Minimize prolonged business interruptions;
      5. Minimize damage to public facilities and utilities such as water and gas mains, electric,
         telephone and sewer lines, streets and bridges located in floodplains;




DRAFT 3.28.11                                      211
      6. Help maintain a stable tax base by providing for the sound use and development of flood-
         prone areas in such a manner as to minimize future flood blight areas; and
      7. Ensure that potential buyers are notified that property is in a flood area.

Sec. 10-1.4 Methods of Reducing Flood Losses
In order to accomplish its purposes, this Article sets out regulations that:
      1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood,
         or cause excessive increases in flood heights or velocities;
      2. Require that uses vulnerable to floods, including facilities which serve such uses, be
         protected against flood damage at the time of initial construction;
      3. Control the alteration of natural floodplains, stream channels, and natural protective
         barriers, which are involved in the accommodation of flood waters;
      4. Control filling, grading, dredging and other development which may increase flood
         damage; and
      5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood
         waters or which may increase flood hazards to other lands.

Division 10-2 General Provisions
Sec. 10-2.1 Lands to Which this Article Applies
This Article applies to all areas of special flood hazard within the jurisdiction of the City of McAllen.

Sec. 10-2.2 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the current scientific and engineering report entitled, “The Flood Insurance Study
(FIS) for {from the FIS Title}," dated {date of latest FIS and/or Index Panel}, with accompanying Flood
Insurance Rate Maps and/or Flood Boundary-Floodway Maps (FIRM and/or FBFM) dated {date of
latest FIRM and/or FBFM}. and any revisions thereto are hereby adopted by reference and declared
to be a part of this Article.

Sec. 10-2.3 Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required to ensure conformance with the provisions of
this Article.

Sec. 10-2.4 Compliance
No structure or land shall hereafter be located, altered, or have its use changed without full
compliance with the terms of this Article and other applicable regulations.




                                                     212                                       DRAFT 3.28.11
Sec. 10-2.5 Abrogation and Greater Restrictions
This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Article and another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Sec. 10-2.6 Interpretation
In the interpretation and application of this Article, all provisions shall be:
      1. Considered as minimum requirements;
      2. Liberally construed in favor of the City of McAllen; and
      3. Deemed neither to limit nor repeal any other powers granted under State statutes.

Sec. 10-2.7 Warning and Disclaimer of Liability
The degree of flood protection required by this Article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. On rare occasions greater floods
can and will occur and flood heights may be increased by man-made or natural causes. This Article
does not imply that land outside the areas of special flood hazards or uses permitted within such
areas will be free from flooding or flood damages. This Article shall not create liability on the part of
the City of McAllen or any official or employee thereof for any flood damages that result from
reliance on this Article or any administrative decision lawfully made hereunder.

Division 10-3 Provisions for Flood Hazard Reduction
Sec. 10-3.1 General Standards for Flood Hazard Reduction
 A. Generally. In all areas of special flood hazards the provisions of this Section are required for all
    new construction and substantial improvements.
 B. Resistance to Hydrodynamic and Hydrostatic Loads. All new construction or substantial
    improvements shall be designed (or modified) and adequately anchored to prevent flotation,
    collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic
    loads, including the effects of buoyancy.
 C. Construction to Minimize Flood Damage. All new construction or substantial improvements
    shall be constructed by methods and practices that minimize flood damage.
 D. Flood-Damage Resistant Materials. All new construction or substantial improvements shall be
    constructed with materials resistant to flood damage.
 E. Protection of Building Service Facilities. All new construction or substantial improvements shall
    be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment
    and other service facilities that are designed and/or located so as to prevent water from
    entering or accumulating within the components during conditions of flooding.
 F. Protection of Water Supply Systems. All new and replacement water supply systems shall be
    designed to minimize or eliminate infiltration of flood waters into the system.




DRAFT 3.28.11                                         213
G. Protection of Sanitary Sewer Systems. New and replacement sanitary sewage systems shall be
   designed to minimize or eliminate infiltration of flood waters into the system and discharge
   from the systems into flood waters.
H. Location of On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to
   avoid impairment to them or contamination from them during flooding.
I.   Limitations on Fill. No fill shall be placed within a special flood hazard area unless the effect of
     the fill on water storage and water quality is fully mitigated in one or more of the following
     ways:
      1. Excavation of a volume of soil comparable to the volume that was filled to bring the
         surface of the land to the base flood elevation. However, excavation is prohibited at
         depths that would be likely to:
           a. Increase the velocity of stormwater flows;
           b. Cause significant new erosion; or
           c. Expose groundwater to contamination by pollutants which may be present in
              stormwater runoff;
      2. A stormwater management system is installed or improved in a location and manner that
         compensates for the removal of the filled area from the floodplain; or
      3. If the compensatory storage is provided in the floodplain, the combination of filling,
         compensatory storage, and detention is intended to lower the flood elevation by
         increasing channel capacity.

Sec. 10-3.2 Specific Standards for Flood Hazard Reduction
A. Generally. The requirements of this Section apply to all areas of special flood hazards where
   base flood elevation data has been provided as set forth in:
      1. Section 10-2.2, Basis for Establishing Areas of Special Flood Hazard;
      2. Section TBD, Duties and Responsibilities of the Floodplain Administrator, item 8; or
      3. Section 10-3.3, Standards for Subdivision Proposals, subsection B.
B. Residential Construction. New construction and substantial improvement of any residential
   structure shall have the lowest floor (including basement), duct work, exposed plumbing, and
   electrical components elevated to or above two feet above the base flood elevation. A
   registered professional engineer, architect, or land surveyor shall submit a certification to the
   Floodplain Administrator that the standard of this subsection is satisfied (see Section TBD,
   Floodplain Permit Procedures).
C. Nonresidential Construction.
      1. New construction and substantial improvements of any commercial, industrial or other
         nonresidential structure shall either:




                                                    214                                      DRAFT 3.28.11
           a. Have the lowest floor (including basement) elevated to or above one foot above the
              base flood elevation; or
           b. Together with attendant utility and sanitary facilities, be designed so that below an
              elevation that is two feet above the base flood elevation, the structure is watertight
              with walls substantially impermeable to the passage of water and with structural
              components having the capability of resisting hydrostatic and hydrodynamic loads
              and effects of buoyancy.
      2. A registered professional engineer or architect shall develop and/or review structural
         design, specifications, and plans for the construction, and shall certify that the design and
         methods of construction are in accordance with accepted standards of practice as outlined
         in this subsection.
      3. A record of such certification which includes the specific elevation (in relation to mean sea
         level) to which such structures are floodproofed shall be maintained by the Floodplain
         Administrator.
 D. Enclosures. New construction and substantial improvements, with fully enclosed areas below
    the lowest floor that are usable solely for parking of vehicles, building access or storage in an
    area other than a basement and which are subject to flooding shall be designed to
    automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
    exit of floodwaters. Designs for meeting this requirement must either be certified by a
    registered professional engineer or architect or meet or exceed the following minimum criteria:
      1. A minimum of two openings on separate walls having a total net area of not less than one
         square inch for every square foot of enclosed area subject to flooding shall be provided.
      2. The bottom of all openings shall be no higher than one foot above grade.
      3. Openings may be equipped with screens, louvers, valves, or other coverings or devices
         provided that they permit the automatic entry and exit of floodwaters.
 E. Manufactured Homes.
      1. Manufactured Homes in Zone A. All manufactured homes to be placed within special flood
         hazard area Zone A shall be installed using methods and practices which minimize flood
         damage. For the purposes of this requirement, manufactured homes must be elevated and
         anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may
         include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
         requirement is in addition to applicable State and local anchoring requirements for
         resisting wind forces.
      2. Manufactured Homes in Zones A1-30, AH, and AE. All manufactured homes that are placed
         or substantially improved within special flood hazard area Zones A1-30, AH, and AE, on
         sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured
         home park or subdivision, (iii) in an expansion to an existing manufactured home park or
         subdivision, or (iv) in an existing manufactured home park or subdivision on which a
         manufactured home has incurred "substantial damage" as a result of a flood, shall be:




DRAFT 3.28.11                                     215
          a. Elevated on a permanent foundation such that the lowest structural member of the
             manufactured home is elevated to or above two feet above the base flood elevation;
             and
          b. Securely anchored to an adequately anchored foundation system to resist flotation,
             collapse, and lateral movement.
     3. Manufactured Homes in Zones A1-30, AH, and AE (Existing Manufactured Home Parks and
        Subdivisions). All manufactured homes be placed or substantially improved on sites in an
        existing manufactured home park or subdivision with Zones A1-30, AH and AE that are not
        subject to the provisions of paragraph E.2. of this section be elevated so that either:
          a. The lowest structural member of the manufactured home is at or above two feet
             above the base flood elevation; or
          b. The manufactured home chassis is supported by reinforced piers or other foundation
             elements of at least equivalent strength that are:
              i.   No less than 36 inches in height above grade; and
             ii.   Securely anchored to an adequately anchored foundation system to resist
                   flotation, collapse, and lateral movement.
F. Recreational Vehicles.
     1. Recreational vehicles that are placed on sites within Zones A1-30, AH, and AE shall:
          a. Be on the site for fewer than 180 consecutive days; or
          b. Be fully licensed and ready for highway use, or
          c. Meet the permit requirements of Section TBD, Floodplain Permit Procedures, and the
             elevation and anchoring requirements for "manufactured homes" in subsection E. of
             this Section.
     2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
        attached to the site only by quick disconnect type utilities and security devices, and has no
        permanently attached additions.

Sec. 10-3.3 Standards for Subdivision Proposals
A. Implementation of Floodplain Management Policy. All subdivision proposals (including the
   placement of manufactured home parks and subdivisions) shall be designed in light of the
   findings of fact contained in Section 10-1.2, Findings of Fact, and in a manner that is consistent
   with Section 10-1.3, Statement of Purpose; and Section 10-1.4, Methods of Reducing Flood
   Losses.
B. Permit Requirements. All proposals for the development of subdivisions (including the
   placement of manufactured home parks and subdivisions) shall meet Floodplain Development
   Permit requirements of Section 10-2.3, Establishment of Floodplain Development Permit;
   Section TBD, Floodplain Permit Procedures; and the provisions of Division 10-3, Provisions for
   Flood Hazard Reduction.




                                                 216                                     DRAFT 3.28.11
 C. Generation of Base Flood Elevation Data. Base flood elevation data shall be generated for
    subdivision proposals and other proposed development (including the placement of
    manufactured home parks and subdivisions) which is greater than 50 lots or 5 acres, whichever
    is lesser, if not otherwise provided pursuant to Section 10-2.2, Basis for Establishing the Areas of
    Special Flood Hazard, or Section TBD, Duties and Responsibilities of the Floodplain
    Administrator, item 8.
 D. Adequate Drainage Required. All subdivision proposals (including the placement of
    manufactured home parks and subdivisions) shall have adequate drainage (as specified in the
    City's drainage policy, promulgated by the City Engineer) to reduce exposure to flood hazards.
 E. Arrangement of Development. The standards of Article 4, Development Yield and Lot
    Standards, allow for the use of varied lot sizes and / or housing types in order to achieve the
    permitted density and protect the required amount of open space. In the application of these
    standards, areas proposed for development shall be located outside of special flood hazard
    areas if possible.
 F. Modification of Open Space Ratio. Not less than 30 percent of the special flood hazard area of
    a parcel proposed for development shall be protected as common open space. This area is
    counted towards the open space ratio required by Section 4-1.1, Density and Open Space in
    New Neighborhoods. However, if the application of this subsection requires a larger open space
    ratio than required by Section 4-1.1, then the larger open space ratio applies.
 G. Elevated Primary Access Required. The primary access to the subdivision (the access that
    connects to the highest order street or that provides the most direct route to the largest
    number of lots in the subdivision) shall be elevated to or above the base flood elevation to allow
    for access by emergency vehicles.
 H. Location of Public Utilities and Facilities. All subdivision proposals (including the placement of
    manufactured home parks and subdivisions) shall have public utilities and facilities such as
    sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood
    damage.

Sec. 10-3.4 Standards for Areas of Shallow Flooding (AO/AH Zones)
 A. Generally. Located within the areas of special flood hazard established in Section 10-2.2, Basis
    for Establishing the Areas of Special Flood Hazard, are areas designated as areas of shallow
    flooding. These areas have special flood hazards associated with flood depths of one to three
    feet, where a clearly defined channel does not exist, where the path of flooding is
    unpredictable, and where velocity flow may be evident. Such flooding is characterized by
    ponding or sheet flow; therefore, the provisions of this Section shall apply.
 B. Elevation of New Construction and Substantial Improvements (Residential). All new
    construction and substantial improvements of residential structures shall have the lowest floor
    (including basement) elevated above the highest adjacent grade by at least:
      1. Two feet above the depth number specified in feet on the applicable FIRM; or
      2. At least four feet if no depth number is specified.




DRAFT 3.28.11                                      217
C. Elevation of New Construction and Substantial Improvements (Nonresidential). All new
   construction and substantial improvements of non-residential structures;
     1. Have the lowest floor (including basement) elevated above the highest adjacent grade
        by at least:
          a. One foot above the depth number specified in feet on the applicable FIRM; or
          b. At least two feet if no depth number is specified; or
     2. Together with attendant utility and sanitary facilities, shall be designed so that below two
        feet above the base specified flood depth in an AO Zone, or below two feet above the Base
        Flood Elevation in an AH Zone, the structure is watertight, with walls substantially
        impermeable to the passage of water and with structural components having the
        capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
D. Certification Required. A registered professional engineer or architect shall submit a
   certification to the Floodplain Administrator that the standards of this Section are satisfied. See
   Section TBD, Floodplain Permit Procedures.
E. Drainage Paths. Within Zones AH and AO, adequate drainage paths around structures shall be
   provided on slopes, to guide flood waters around and away from proposed structures.




                                                  218                                     DRAFT 3.28.11
Article 11 Environmental Performance
Division 11-1 Noise and Vibration
Sec. 11-1.1 Noise
 A. Generally. Outside of the airport influence zone, noise shall be limited as provided herein.
    Noise, as an influence upon persons or property, shall not only include those pressures heard
    but those felt by a person or upon a property.
 B. Declaration of Nuisance. Sound at any frequency felt to be an annoyance by a person of normal
    sensibilities that interrupts the use, function and/or enjoyment of property is hereby declared a
    nuisance.
 C. Exemptions from this Section. Land uses and activities that are exempt from this Section
    include:
         1. Any activity the City or its agents conducts in pursuit of its usual activities such as trash
            removal, police and fire protection, and construction and/or repair activities;
         2. Any public event that is allowed by temporary use permit which provides for alternative
            controls of noise;
         3. Conditional uses that were approved subject to specified conditions that impose greater
            restrictions on noise than are set out herein; and
         4. Extracurricular or curricular athletic or performance events at public schools.
 D. Exceptions to Measurements. Background noises produced by sources that are not under
    control of the use being measured, such as the operation of motor vehicles or other
    transportation facilities, shall not be included in the measurements used to enforce this Section.
 E. Maximum Noise Level in Commercial, Mixed-Use, and Industrial Districts. Noise levels shall
    not exceed the limits specified in Table 11-1.1A, Maximum Noise Levels by Octave Band, when
    measured from the closer of the following two points to the noise generator:
         1. On the boundary of a commercial, mixed-use, or industrial zone district; or
         2. 125 feet from the property line of a use generating noise.

                                           TABLE 11-1.1A
                                  MAXIMUM NOISE LEVELS BY OCTAVE BAND
Octave Band Range (CPS)                             Decibel Band Limit (DB RE 0.0002 microbar)
37-75                                               80
75-150                                              68
150-300                                             61
300-600                                             55
600-1200                                            51
1200-2400                                           48




DRAFT 3.28.11                                         219
                                               TABLE 11-1.1A
                                      MAXIMUM NOISE LEVELS BY OCTAVE BAND
Octave Band Range (CPS)                              Decibel Band Limit (DB RE 0.0002 microbar)
2400-4800                                            45
4800-9600                                            43
"A" scale (for monitoring purposes only)             56


 F. Maximum Noise Level at Residential Property Lines.
       1. Noise levels measured at residential property lines shall not exceed the following:
             a. Noise levels shall not exceed 49 dBA at a residential property line between 7 PM and
                7 AM.
             b. Noise levels shall not exceed 56 dBA at a residential property line between 7 AM and
                7 PM.
             c. Noise in any octave band shall not exceed standards set out in Table 11-1.1A,
                Maximum Noise Levels by Octave Band.
       2. When ambient noise levels from traffic or multiple sources already exceed the standards
          set out in this subsection, the subject source shall not increase or add to the existing
          ambient noise level.
 G. Measurement.
       1. Sound levels shall be measured with a sound-level meter and associated octave band filter,
          manufactured and calibrated according to standards prescribed by the American National
          Standards Institute ("ANSI"). Measurements shall be made using the flat or C network of
          the sound level meter and the fast meter movement of the octave band analyzer. Sound
          can be so measured if it causes rapid fluctuations of the needle of the sound level meter
          with a variation of plus or minus two decibels, even if the sound is impulsive.
       2. Sound that cannot be measured according to the standard in subsection F.1., above
          (e.g., irregular or intermittent sounds), shall be controlled so as not to become a nuisance
          to adjacent uses.
       3. The dBA and/or dBC scales, or other method or combination of methods used to
          determine source and mitigation techniques, may be used to measure low frequency
          sound.

Sec. 11-1.2 Vibration
 A. Generally. No land use shall produce vibration that exceeds the limits set by this Section.
 B. Exceptions. This Section does not apply to vibration generated by:
       1. Temporary construction activities;
       2. Vehicles on public streets; or




                                                       220                                        DRAFT 3.28.11
           3. Trains.
 C. Vibration Limits.
           1. Steady State Vibration. Steady state vibrations (vibrations that exceed 100 pulses per
              minute) shall not exceed the standards set in Table 11-1.2, Vibration Limits.

                                                  TABLE 11-1.2
                                                VIBRATION LIMITS
                                                                                Displacement at District Boundary Line
Frequency (Cycles per Second)          Displacement at Property Line (inches)
                                                                                (inches)
0.6 - 10                               0.0008                                   0.0004
10 - 20                                0.0005                                   0.0002
20 - 30                                0.0002                                   0.0001
30 - 40                                0.0002                                   0.0001
40 +                                   0.0001                                   0.0001


           2. Impact Vibration. Impact vibration, that is, discrete pulses which do not exceed 100 pulses
              per minute, shall not produce in excess of twice (2 times) the displacement set out in Table
              11-1.2, Vibration Limits.
 D. Measurement. A properly qualified consultant approved by the City shall be required to make
    determinations herein.

Sec. 11-1.3 Dust and Debris
Uses shall be maintained in an orderly condition and conducted in a manner that avoids the spread
of dust, debris, and litter to other properties and public rights-of-way. Hazardous materials, refuse,
or items that can be carried away by wind or water shall be secured in buildings or enclosures.

Division 11-2 Outdoor Lighting and Glare
Note: This Division provides requirements for shielding fixtures from neighboring properties, but
does not include requirements that limit the amount of light. A "lumen budget" can be created if the
City wants to limit the amount of light in certain areas.

Sec. 11-2.1 Purpose and Applicability of Division
 A. Purpose. The purposes of this Division are to:
           1. Allow for the reasonable use of outdoor lighting;
           2. Minimize adverse offsite impacts, including light trespass and glare;
           3. Improve both security and views of the night sky; and
           4. Conserve energy.




DRAFT 3.28.11                                            221
 B. Applicability. This Division applies to all outdoor lighting that is installed (including replacement
    fixtures) after the effective date. Individual lots that are developed with single-family detached
    and duplex dwelling units are subject only to Section 11-2.5, Single-Family and Duplex Lighting.
 C. Exemptions. This Division does not apply to any of the following:
       1. Lighting within the public right-of-way that is used principally to illuminate streets.
       2. Lighting of signs, which is regulated by Article 12, Signs.
       3. Temporary lighting of construction sites and special events.
       4. Seasonal lighting, provided that individual lamps are less than 10 watts and 70 lumens.
       5. Emergency lighting.
 D. Resolution of Conflicts. When the requirements of this Division conflict with lighting that is
    required by federal or state law, regulation, or rule, then the federal or state requirements
    control, but only to the extent of the specific conflict.

Sec. 11-2.2 Establishment of Lighting Zones
 A. Generally. Different areas of the City require different levels of illumination for safety, security,
    and appropriate operation of land uses. Accordingly lighting zones, in which different lighting
    standards apply, are established by this Section.
 B. Establishment of Lighting Zones. Lighting zones are established to correspond to zoning district
    boundaries, as set out in Table 11-2.2, Lighting Zones. LZ4 is used only for outdoor recreation,
    outdoor arenas and stadiums (including such facilities on school sites), and may be applied to
    temporary special events.

                                              TABLE 11-2.2
                                             LIGHTING ZONES
Lighting Zone              LZ1             LZ2                  LZ3                  LZ4
Zoning Districts or Uses                                                             Outdoor Recreation
That Are Included in                                                                 Uses; Outdoor Arenas
the Lighting Zone                                                                    and Stadiums; also As
                                                                                     Approved for
                                                                                     Temporary Special
                                                                                     Events



Sec. 11-2.3 BUG Requirements
 A. Generally. Off-site impacts shall be limited through the application of the standards set out in
    this Section. These standards are based on industry-standard "BUG" (backlight, uplight, glare)
    ratings for outdoor lighting fixtures.
 B. Allowable BUG Ratings. Lighting plans may be approved if it is demonstrated that they comply
    with the requirements of this Subsection.




                                                     222                                      DRAFT 3.28.11
       1. Required Orientation of Fixtures. All free-standing fixtures that are less than two mounting
          heights to a property line shall be oriented so that their backlight is directed towards the
          property line.
       2. Maximum BUG Ratings. Luminaires shall not exceed any of the maximum BUG ratings
          based on their locations and lighting zones, as set out in Table 11-2.3, Maximum BUG
          Ratings by Type, Location, and Lighting Zone.

                                              TABLE 11-2.3
                          MAXIMUM BUG RATINGS BY TYPE, LOCATION, AND LIGHTING ZONE
                                                                                                 BUG Rating by
                                                                                                 Lighting Zone
Mount Type; Distance from Property Line to Fixture                                              LZ1 LZ2 LZ3 LZ4
Allowed Backlight ("B") Rating
Any mount type; more than 2 x mounting height                                                   B3   B4   B5   B5
Any mount type; 1 to 2 x mounting height                                                        B2   B3   B4   B4
Any mount type; 0.5 to 0.99 x mounting height                                                   B1   B2   B3   B3
Any mount type; less than (0.5 x mounting height to right-of-way property line, plus 2.5 ft.)   B0   B1   B2   B3
Any mount type; less than 0.5 x mounting height to interior property line                       B0   B0   B1   B2
Allowed Uplight ("U") Rating
Any mount type; any distance to property line                                                   U0 U1 U2 U3
Allowed Glare ("G") Rating
All luminaires that are not building-mounted                                                    G1 G2 G3 G4
Building mounted; More than 2 x mounting height                                                 G1 G2 G3 G4
Building mounted; 1 to 2 x mounting height                                                      G0 G1 G1 G2
Building mounted; 0.5 to 0.99 x mounting height                                                 G0 G0 G1 G1
Building mounted; Less than 0.5 x mounting height to property line                              G0 G0 G0 G1


                                             FIGURE 11-2.3
            ILLUSTRATIVE DISTANCES FROM PROPERTY LINE MEASURED AS RATIO TO MOUNTING HEIGHT




Sec. 11-2.4 Glare
 A. Glare from Use. Glare from any process (such as or similar to arc welding or acetylene torch
    cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be
    seen from any point beyond the property line, or from any point that would create a hazard for
    other occupants of visitors to the property on which the activity is taking place.




DRAFT 3.28.11                                                  223
 B. Glare from Buildings and Structures. Buildings and structures shall be designed and oriented to
    avoid glare that materially interferes with the safe operation of streets.

Sec. 11-2.5 Single-Family and Duplex Lighting
Outdoor lighting on single-family and duplex lots shall be designed so that:
      1. Fixtures are shielded so that the light source is not visible from abutting properties; and
         that the light cast on abutting properties does not exceed 1/10 footcandle on the ground
         at the property line and on any window plane; and
      2. Motion sensor security lighting shall be pointed away from windows on abutting
         properties.



Division 11-3 Stormwater Pollution Prevention
Sec. 11-3.1 Construction Site Stormwater Runoff Controls
NOTE: The City's storm water management plan states that an erosion control ordinance is under
development in the 2010-2011 time frame. The contents of that ordinance will be inserted into this
Section.
Generally. Construction site stormwater runoff controls are required for all construction activities
that disturb an area of land that is larger than one acre in area, including projects that disturb less
than one acre if they are part of a larger common plan of development or sale that will result in the
disturbance of one or more acres.




Sec. 11-3.2 Post-Construction Storm Water Management in New Development and
Redevelopment
NOTE: The City's storm water management plan states that a stormwater ordinance is under
development in the 2010-2011 time frame. The contents of that ordinance will be inserted into this
Section.




                                                   224                                     DRAFT 3.28.11
Article 12 Signs
(SIGNS ARE NOT PART OF THE MDC REWRITE PROJECT)


Article 13 Nonconformities
(To be provided in Module 3)


Article 14, Administration and Procedure
(To be provided in Module 3)




DRAFT 3.28.11                              225
Article 15 Measurements, Calculations, and Definitions
Division 15-1 Measurements
Sec. 15-1.1 Setbacks and Building Separation
A. Generally.
     1. Setbacks are the minimum required distances between lot lines and buildings or
        structures. They are generally measured as an offset from the referenced lot lines (or
        curves) toward the interior of the lot.
     2. Building separation is the minimum required distance between exterior building walls.
B. Exceptions from Measurement. Some structures or building projections are not counted in the
   measurement of setbacks, or are exempt from setback requirements. See Section TBD.
   However, building projections are counted with respect to measurement of building separation.
C. Setback Measurements.
     1. Front setbacks are measured from the front property line.
     2. Interior Side setbacks are measured from side property lines.
     3. Street Side Setbacks are measured from street side property lines.
     4. Rear setbacks are measured from rear property lines. If there is no rear lot line, the rear
        setback is measured as a radius from the intersection of side lot lines. See Figure 15-1.1,
        Rear Setback Radius Where No Rear Property Line Exists.

                                         FIGURE 15-1.1
                     REAR SETBACK RADIUS WHERE NO REAR PROPERTY LINE EXISTS




D. Building Separation Measurement. Building separation is measured as the shortest distance
   between exterior building walls of separate buildings.




                                                226                                    DRAFT 3.28.11
Sec. 15-1.2 Lot Width
 A. Generally. In general, lot width is measured as the distance from side property line to the
    opposite side property line at the front setback line.
 B. Alternative Measurement. Lot width may be measured at the front building line if:
       1. The front building line is more distant than the front setback line from the front property
          line; and
       2. The front building line is indicated on the plat or, if no plat is required, the site plan for the
          development.

Sec. 15-1.3 Building and Structure Height
 A. Building Height.
       1. Generally. Building height is the vertical distance measured from the average finished
          grade at major corners along the front facade of a building to:
              a. The highest point of the coping of a flat roof;
              b. The deck line of a mansard roof; or
              c. The mean height level between the eaves and ridge of a gable, hip, or gambrel roof.
       2. Exceptions. The exceptions set out in Table 15-1.3, Exceptions to Height Limitations, are
          not counted in the measurement of height when all of the conditions in the table for the
          structure or appurtenance type are met.

                                                  TABLE 15-1.3
                                         EXCEPTIONS TO HEIGHT LIMITATIONS
                                                                  Max. Area of
                                                                Horizontal Plane of
                                        Max. Additional          Roof Affected by
                                           Height1                  Exception
                                                                Single-
                                                  Building is Family or
                                     Building is more than Duplex                 Limitations on Use or Design of
                                     up to 25 ft. 25 ft. in Residential All Other Structure or Appurtenance to
Structure or Appurtenance Type        in height    height      Building Buildings Which Exception Applies
Roof structures for the housing of
elevators, stairways, tanks, HVAC
systems, or similar equipment          10 ft.       15 ft.           5%      10%
required to operate and maintain
the building                                                                          Not used for human habitation,
                                                                                      commercial, or industrial purposes,
                                                     20 ft.                           except as incidental to the
                                     8 ft. above
                                                     above                            operation of the building
                                       highest
Architectural towers, steeples,                     highest
                                      point on                   10%         10%
cupolas, widows' walks                             point on
                                         roof
                                                      roof
                                      structure
                                                   structure




DRAFT 3.28.11                                                  227
                                                      TABLE 15-1.3
                                             EXCEPTIONS TO HEIGHT LIMITATIONS
                                                                      Max. Area of
                                                                    Horizontal Plane of
                                            Max. Additional          Roof Affected by
                                                      1
                                               Height                   Exception
                                                                    Single-
                                                      Building is Family or
                                         Building is more than Duplex                 Limitations on Use or Design of
                                         up to 25 ft. 25 ft. in Residential All Other Structure or Appurtenance to
Structure or Appurtenance Type            in height    height      Building Buildings Which Exception Applies
                                                                                            For PV and solar water heaters,
Skylights, photovoltaic ("PV") (solar-                                                      design shall be to minimize height
electric) panels, and solar water           4 ft.        6 ft.       100%         100%      encroachment in a manner that is
heaters                                                                                     consistent with maximizing solar
                                                                                            exposure.
                                                                                            Scaled to provide power to the
                                                                                            building upon which the systems
Building mounted small wind
                                            10 ft.      15 ft.         1%          5%       are mounted. Grid-connected
energy conversion systems
                                                                                            systems that meet this requirement
                                                                                            are allowed.
Smokestacks                              As required by state and federal permits for air emissions.
Ventilating Fans, Chimneys, Roof
                                         As necessary to meet applicable building codes.
Vents, Radon Mitigation Systems
Satellite dishes and antennae            See Sec. 5-3.3, Satellite Dishes and Antennae
TABLE NOTE:
1
  The additional height only applies to the structure or appurtenance in the table, and not to the building or its roof
structure.


 B. Structure Height.
        1. Generally. Structure height is the vertical distance measured from the average grade at the
           base of the structure to the top of the structure, including appurtenances.
        2. Fences and Garden or Screen Walls. The height of fences and garden or screen walls is
           measured as the vertical distance from the average finished grade on the outside of the
           enclosed area (or the side closest to the property line if the fence or wall does not enclose
           anything) to the top of the fence, at six-foot intervals as appropriate to topography. Fence
           posts may exceed the height of the highest connected portion of the fence by up to six
           inches.
        3. Wind Turbines. Wind turbine height is measured to the top of the rotor blade at its highest
           point during rotation.
 C. Airport Overlay District. As it pertains to height restrictions in the Airport Overlay District,
    height is measured from the elevation of the airport or runway centerline, as applicable, to the
    highest point of a building or structure, including appurtenances, without exceptions.




                                                                 228                                              DRAFT 3.28.11
Sec. 15-1.4 Floor Area
Floor area is measured as the area of all floors in a building, extended to exterior walls, without
deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features.
Floor area does not include the area of voids between floors.

Division 15-2 Calculations
Sec. 15-2.1 Lot or Parcel Area
 A. Generally. Lot or parcel area is the area enclosed by property lines, less all drainage servitudes
    or drainage rights-of-way that are wider than five feet.
 B. Flag Lots. For the purposes of determining compliance with minimum area requirements, the
    portion of a flag lot that is between the lot's front lot line and the street that provides access to
    the lot is not counted towards the lot area. See Figure 15-2.1, Area of Flag Lot.

                                                        FIGURE 15-2.1
                                                       AREA OF FLAG LOT
The area of a flag lot is equal to the area of the lot that is not included in the access portion of the lot (the "flagpole"). Here,
the area is equal to Depth (to Access) times Width (at Front Property Line, Behind Access) because the lot is regularly
shaped.




Sec. 15-2.2 Impervious Surface Ratio
 A. Generally. Impervious surface ratio ("ISR") is calculated as the area of land that is covered by
    impervious surfaces divided by the lot or parcel area. The building coverage area used to
    calculate building coverage ratio is also one of the components of the impervious surface ratio
    calculation. See Sec. 15-2.7, Building Coverage.
 B. Impervious Surfaces. The following are considered impervious surfaces for the purposes of
    calculation of the ISR.
        1. Building coverage (see Sec. 15-2.7, Building Coverage);
        2. Swimming pools;




DRAFT 3.28.11                                                    229
     3. Concrete, asphalt, brick, paving block, plastic, or comparable horizontal surfaces that
        impede the percolation of water; and
     4. Compacted sand, gravel, or clay.

Sec. 15-2.3 Open Space Ratio and Landscape Surface Ratio
A. Generally. Open space ratio and landscape surface ratio are used to ensure that a certain
   percentage of a parcel proposed for development is landscaped.
B. Open Space Ratio.
     1. Measurement. Open space ratio ("OSR") is the area of designated open space, inclusive of
        bufferyards, natural resource protection areas, and other commonly owned or dedicated
        open space (but not inclusive of individually owned yards or dedicated areas that were
        used in a previous OSR calculation) in a residential development divided by the total area
        of the parcel proposed for residential development.
     2. Relationship Between Minimum OSR and Other Requirements. If the combination of
        individual open space requirements (e.g., protection of natural resources and provision of
        bufferyards) requires less open space than the OSR, then the OSR applies. If it requires
        more open space than the OSR, then the greater requirement applies.
C. Landscape Surface Ratio.
     1. Measurement. Landscape surface ratio ("LSR") is the area of designated landscaping and
        open space area on a nonresidential or mixed-use parcel proposed for development
        divided by the area of the parcel proposed for development. LSR includes bufferyards,
        parking lot landscaping, foundation plantings, and natural resource protection areas.
     2. Relationship Between LSR and Other Requirements. If the combination of individual
        landscaping and open space requirements (e.g., protection of natural resources, provision
        of bufferyards, parking lot landscaping) requires less landscaped or open space area than
        the LSR, then the LSR applies, and more landscaping is required. If the application of other
        landscaping standards requires more landscaped area than the LSR, then the greater
        requirement applies.

Sec. 15-2.4 Base Site Area
A. Generally. Base site area is used to calculate gross density. See Sec. 15-2.6, Density.
B. Calculation. Base site area equals the total area of the parcel proposed for development (parcel
   area), minus the sum of the areas of the following:
     1. Land within the planned right-of-way of existing streets or streets that are on the adopted
        thoroughfare plan of the City of McAllen.
     2. Land that is within major utility rights-of-way that are 50 feet or wider.
     3. Land that is cut off from development by railroads, limited access highways, waterbodies,
        or wetlands.




                                                  230                                        DRAFT 3.28.11
      4. Land that has previously been set aside as protected open space (e.g., subject to a
         conservation easement, plat restriction, or condition of development approval.). See
         Figure 15-2.4, Illustrative Calculation of Base Site Area.

                                            FIGURE 15-2.4
                              ILLUSTRATIVE CALCULATION OF BASE SITE AREA




Sec. 15-2.5 Net Buildable Area
 A. Generally. Net buildable area is used to calculate net density. See Sec. 15-2.6, Density.
 B. Calculation. Net buildable area is equal to the lesser of:
      1. Base site area (calculated as provided in Section 15-2.4, Base Site Area) minus areas of
         open water (streams are measured to the ordinary mean high water mark) and resource
         protection areas that were not already subtracted from the area of the parcel proposed for
         development to calculate the base site area (e.g., wetlands or open water areas that are
         within previously dedicated conservation easements, or cut off from development by a
         limited access highway, are not subtracted more than once); or
      2. The total area of the parcel proposed for development minus the area of open space
         required for the development type in Article 4, Development Yield and Lot Standards.

Sec. 15-2.6 Density
 A. Generally. Density is measured in two ways: gross density and net density. The maximum
    number of units that are allowed in a residential development shall not exceed the lesser of the
    results of the gross density and net density calculations for the parcel proposed for
    development. Where density is measured in rooms per acre, only sleeping rooms are counted.
 B. Gross Density. Gross density is the number of dwelling units (or rooms, where so specified) per
    acre of base site area (see Section 15-2.4, Base Site Area).
 C. Net Density. Net density is the number of dwelling units (or rooms, where so specified) divided
    by the net buildable area of the parcel proposed for development (see Section 15-2.5, Net
    Buildable Area).




DRAFT 3.28.11                                      231
Sec. 15-2.7 Building Coverage
 A. Building Coverage. Building coverage is the total of areas taken on a horizontal plane at the
    main grade level of the principal building and all accessory buildings, exclusive of uncovered
    porches, terraces, and steps. All dimensions are measured between the exterior faces of walls.
 B. Building Coverage Ratio. Building coverage ratio is building coverage divided by lot area.

Sec. 15-2.8 Parking Floor Area
Parking floor area ("PFA") is an independent variable used for the calculation of the number of
required parking spaces. It is equal to 85 percent of the gross floor area, measured as set out in
Section 15-1.4, Floor Area, plus (unless otherwise specified) the area of any parts of the parcel
proposed for development that are delineated and used in a manner that is comparable in function
and intensity of use to the use of the inside of the building (e.g., outdoor dining areas).

Division 15-3 Word Usage and Abbreviations
Sec. 15-3.1 Word Usage; References to Laws of Other Jurisdictions
 A. Generally. This rules of this Section shall be observed and applied when interpreting this MDC,
    except when the context clearly requires otherwise.
 B. Word Usage. Words shall be interpreted as follows:
      1. Unless the context clearly indicates otherwise, words used or defined in one tense or form
         shall include other tenses or forms.
      2. Unless the context clearly indicates otherwise, words in the singular number shall include
         the plural number, and words in the plural number shall include the singular number.
      3. The masculine gender shall include the feminine. The feminine gender shall include the
         masculine.
      4. The words "shall" and "will" are mandatory.
      5. The words "may" and "should" are permissive.
      6. The word "person" includes individuals, partnerships, firms, corporations, associations,
         trusts, and any other similar entities or combination of individuals.
 C. Statutory and United States Code References.
      1. References to the Texas Code or United States Code shall be interpreted to mean the most
         current version of the referenced section at the time the reference is applied. If a
         referenced section is repealed and replaced by another section of the Texas Code or
         United States Code with comparable subject matter, the replacement section shall control.
         If a referenced section is repealed and not replaced, the repealed section shall control if it
         is within the home rule powers of the City to effectuate such result, or the application shall
         be held for up to 12 weeks for the City to revise this MDC to resolve the reference and
         establish an appropriate rule or policy.




                                                   232                                     DRAFT 3.28.11
        2. Where referenced sections authorize the promulgation of administrative rules, references
           to the Texas Code or United States Code shall be interpreted to include the phrases "and
           rules promulgated thereunder."

Sec. 15-3.2 Abbreviations and Acronyms
Table 15-3.2, Abbreviations and Acronyms, sets out the abbreviations and acronyms that are used in
this MDC.

                                                TABLE 15-3.2
                                        ABBREVIATIONS AND ACRONYMS
Abbreviation or Acronym   Meaning
ac.                       Acres
ADU                       Accessory dwelling unit
BFE                       Base flood elevation
CCN                       Certificate of Convenience and Need
dbA                       A-weighted decibels
DCCCF                     Day-Care Child Care Facility
DNL                       Day-night level
du                        Dwelling unit
e.g.                      For example (items listed after the abbreviation e.g. are illustrative and not limiting)
ETJ                       Extraterritorial jurisdiction
ft.                       Feet
in.                       Inches
ISR                       Impervious surface ratio
LSR                       Landscape surface ratio
max.                      Maximum
MDC                       McAllen Development Code
min.                      Minimum
NA                        Not applicable
OSR                       Open space ratio
RCCCF                     Residential Child Care Facility
Sec.                      Section
sf.                       Square feet
SFHA                      Special flood hazard area
SWSC                      Sharyland Water Supply Corporation
TAS                       Texas Accessibility Standards
TCEQ                      Texas Commission on Environmental Quality
Tex. Ag. Code             Texas Agriculture Code




DRAFT 3.28.11                                               233
                                                TABLE 15-3.2
                                        ABBREVIATIONS AND ACRONYMS
Abbreviation or Acronym     Meaning
Tex. Human Res. Code        Texas Human Resources Code
Tex. Local Gov't Code       Texas Local Government Code
TND                         Traditional Neighborhood Development
TOD                         Transit-Oriented Development
u/a                         Units per acre
USACE                       United States Army Corps of Engineers
U.S.C.                      United States Code
WTF                         Wireless Telecommunications Facility



Division 15-4 Definitions
A through M
Access Management means the systematic control of the location, spacing, design and operation
of driveways, median openings, and street connections.
Adult Day Care means a facility that provides care for the elderly and / or functionally impaired
adults in a protective setting for a portion of a 24-hour day.
Agricultural Equipment Sales / Feed Store means an establishment engaged in retail sale of
supplies directly related to the day-to-day activities of agricultural production.
Agricultural Support means services that support agricultural production and distribution that are
not defined elsewhere in this MDC, including such uses as packing plants and grain storage.
Agriculture, CAFO or Intensive Aquaculture means
         1. A concentrated animal feeding operation ("CAFO"), which is any agricultural uses such as
            feed lots, hog farms, and poultry operations where animals are tightly confined in buildings
            or outdoor pens or pastures with more than one animal equivalent unit per acre; or
         2. Any agricultural or aquacultural use that is required to obtain a discharge permit because
            of animal or poultry wastes.
Agriculture, General means land (with and without farm residences) used for field crops, orchards,
viniculture, and truck farming. The phrase "general agriculture" also includes the raising or breeding
of livestock, including hogs, sheep, goats, cattle, horses, poultry, and bees. The phrase does not
include the phrase "Agriculture, CAFO or Aquaculture," nor does it include the phrase "Community
Garden."
Airport means all facilities for the take-off and landing of aircraft, except those uses that are further
defined as airstrip, heliport, or helistop.




                                                          234                                DRAFT 3.28.11
Airstrip means a private runway for take-off and landing of fixed-wing aircraft. Airstrips are used by
a single property owner or a property owners' association, and are not for general aviation purposes.
Alcoholic Beverage Sales, Package means an establishment engaged in the sale of alcoholic
beverages for off-premises consumption.
Animal Equivalent Unit means a unit of measurement to compare various animal types based upon equivalent forage
needs or waste generation.
                                          ANIMAL EQUIVALENT UNITS
Animal                                                                 Animal Units
Adult Cow with Unweaned Calf                                               1.00
Mature Dairy Cattle                                                        1.40
Slaughter or Feeder Cow                                                    1.00
Sheep                                                                      0.20
Goat                                                                       0.20
Llama                                                                      0.60
Horse                                                                      1.25
Mule                                                                       1.25
Donkey                                                                     1.25
Burro                                                                      1.25
Swine (>55 pounds)                                                         0.40
Swine (<55 pounds)                                                         0.07
Laying Hens                                                                0.03
Broiler Chickens                                                           0.01
Turkeys                                                                    0.02
Other Animals                                         Average Animal Weight (in pounds) / 1,000 pounds


Area of Shallow Flooding* means a designated AO, AH, AR/AO, AR/AH, or VO zone on the
City's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding
to an average depth of one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
Area of Special Flood Hazard* means the land in the floodplain that is subject to a one percent or
greater chance of flooding in any given year. The area may be designated as Zone A on the Flood
Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-
30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. The "area of special flood hazard" is also
referred to as "special flood hazard area."
Arena or Stadium means an enclosed building or open structure with tiers of seats rising around a
field, court, or track, intended to be used primarily for the viewing of athletic events, but may also be




DRAFT 3.28.11                                          235
used for entertainment and other public gathering purposes, such as conventions, circuses, concerts,
or horse or dog racing. The terms "arena" and "stadium" do not include motor raceways,
amphitheaters, live theaters, or concert halls.
Assisted Living Facility means an establishment that:
      1. Furnishes, in one or more facilities, food and shelter to four or more persons who are
         unrelated to the proprietor of the establishment;
      2. Provides:
              a. Personal care services; or
              b.    Administration of medication by a person licensed or otherwise authorized in this
                   state to administer the medication; and
      3. May provide assistance with or supervision of the administration of medication.
See Tex. Health and Safety Code § 247.002.
Automotive Wrecking and Salvage Yard; Junkyard; Recycling Business means:
      1. Automotive Wrecking and Salvage Yard. Automotive wrecking and salvage yard means an
         outdoor place where a person stores three or more vehicles for the purpose of dismantling
         or wrecking the vehicles to remove parts for sale or for use in automotive repair or
         rebuilding.
      2. Junkyard. Junkyard means a place where a business that owns junk, and is operated to
         store, buy, or sell junk, keeps all or part of the junk outdoors until the business disposes of
         the junk.
      3. Recycling Business. Recycling business means a business that is primarily engaged in the
         business of:
              a. Converting metal or other material into raw material products that have:
                   i.    Prepared grades; and
                   ii.   An existing or potential economic value;
              b. Using raw material products described by Paragraph 3.a., above, in the production of
                 new products; or
              c. Obtaining or storing metal or other material for a purpose described by
                 Paragraph 3.a. or 3.b., above.
See Tex. Transportation Code § 396.001.
Bar means an establishment where alcoholic beverages are sold for on-premises consumption, but
not a restaurant.
Base Flood* means the flood having a one percent chance of being equaled or exceeded in any
given year.




                                                      236                                   DRAFT 3.28.11
Base Flood Elevation* means the elevation shown on the Flood Insurance Rate Map (FIRM) and
found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or
VE that indicates the water surface elevation resulting from the flood that has a one percent chance
of equaling or exceeding that level in any given year (also called the Base Flood).
Basement* means any area of the building having its floor subgrade (below ground level) on all
sides.
Bed and Breakfast means a private residence which meets all three of the following criteria:
         1. 10 or fewer rooms are offered for rent as overnight accommodations for periods of less
            than 30 days; and
         2. The owner or operator uses the residence as his or her principal residence while the rooms
            are rented; and
         3. Breakfast is served or offered to those who rent rooms.
Body Piercing Studio means a facility in which the creation of an opening in an individual's body,
other than in an individual's earlobe, to insert jewelry or another decoration ("body piercing") is
performed.
See Tex. Health and Safety Code § 146.001.




DRAFT 3.28.11                                       237
BUG Rating means a system created by the Illuminating Engineering Society of North America
("IESNA"), based on Technical Memorandum 15-07 ("TM-15-07") to rate the amount of light emitted
from a luminaire in unwanted directions. The BUG rating system replaces the older IES cutoff
classification system.

                                      SUMMARY OF HOW THE BUG SYSTEM WORKS
The BUG rating system is an improvement over the former "cutoff" system, in part because it provides specific control of
the light between 60 and 80 degrees from vertical. The BUG system divides the light cast by a luminaire into 11 zones
instead of the three zones identified in the earlier cutoff classification system. The backlight (“B”) rating is based on the
highest measurement among the BVH, BH, BM, and BL areas. The uplight (“U”) rating is based on the highest rating in the
BVH, UL, UHm and FVH areas. The glare (“G”) rating is based on the highest rating in the BVH, BH, FVH, and FH areas. BUG
ratings for new fixtures are generally provided in the technical documentation for the fixture.




Bulk Storage of Fossil Fuels means facilities that are used for the storage of fossil fuels
(solid, liquid, or gas) for distribution to gasoline / fueling stations; power plants; propane,
liquefied petroleum gas, or compressed natural gas resellers; or other large users of fossil fuels.
The phrase also includes storage of large quantities of fossil fuels for purposes other than
combustion, such as for packaging as lubricants or processing into plastics or other materials.
Cemetery means a place that is used or intended to be used for interment of human remains or
cremated remains, and includes, but is not limited to, any of the following:
       1. Graveyard or Burial Park means a tract of land that is used or intended to be used for
          interment in graves.
       2. Mausoleum means a durable, fireproof structure used or intended to be used for
          entombment.




                                                               238                                              DRAFT 3.28.11
      3. Columbarium means a durable, fireproof structure, or a room or other space in a
         durable, fireproof structure, containing niches and used or intended to be used to
         contain cremated remains.
See Tex. Health and Safety Code § 711.001.
Child Care Facility means a facility that is licensed, certified, or registered by the Texas Department
of Family and Protective Services to provide assessment, care, training, education, custody,
treatment, or supervision for one or more persons under 18 years of age who is not related by blood,
marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day,
whether or not the facility is operated for profit or charges for the services it offers. There are several
classifications of child care facilities, which are described in 42 Tex. Human Res. Code. See Child Care
Facility, Residential and Child Care Facility, Day Care.
Child Care Facility, Day Care ("DCCCF") means day care centers, group day care homes, and family
homes, which are further defined as follows:
      1. Day-Care Center means a child-care facility that provides care at a location other than the
         residence of the director, owner, or operator of the child-care facility for seven or more
         children under 14 years of age for less than 24 hours a day, but at least two hours a day,
         three or more days a week.
      2. Group Day-Care Home means a child-care facility that provides care at the residence of the
         director, owner, or operator of the child-care facility for seven or more children under 14
         years of age for less than 24 hours a day, but at least two hours a day, three or more days
         a week.
      3. Family Home means a home that provides regular care in the caretaker's own residence
         for not more than six children under 14 years of age, excluding children who are related to
         the caretaker, and that provides care after school hours for not more than six additional
         elementary school children, but the total number of children, including children who are
         related to the caretaker, does not exceed 12 at any given time. The term does not include
         a home that provides care exclusively for any number of children who are related to the
         caretaker.
Child Care Facility, Residential ("RCCF") means a facility licensed or certified by the Texas
Department of Family and Protective Services that operates for all of the 24-hour day. The term
includes general residential operations, child-placing agencies, foster group homes, foster homes,
agency foster group homes, and agency foster homes, which are further defined as follows:
      1. General Residential Operation means a child-care facility that provides care for more than
         12 children for 24 hours a day, including facilities known as children's homes, halfway
         houses, residential treatment centers, emergency shelters, and therapeutic camps.
      2. Child-Placing Agency means a person, including an organization, other than the natural
         parents or guardian of a child who plans for the placement of or places a child in a child-
         care facility, agency foster home, agency foster group home, or adoptive home.




DRAFT 3.28.11                                        239
      3. Foster Group Home means a child-care facility that provides care for 7 to 12 children for 24
         hours a day.
      4. Foster Home means a child-care facility that provides care for not more than six children
         for 24 hours a day.
      5. Agency Foster Group Home means a facility that provides care for seven to 12 children for
         24 hours a day, is used only by a licensed child-placing agency, and meets department
         standards.
      6. Agency Foster Home means a facility that provides care for not more than six children for
         24 hours a day, is used only by a licensed child-placing agency, and meets department
         standards.
City Engineer means the McAllen City Engineer, as detailed in Chapter 2, Article IV, Division 4, City
Engineer, McAllen Municipal Code, or the designee said City Engineer.
Clinic means a facility providing medical, psychiatric, or surgical service for sick or injured persons
exclusively on an outpatient basis, including diagnostic services, treatment, training, administration,
and services to outpatients, employees, or visitors. The term clinic includes immediate care facilities,
where urgent care treatment is the dominant form of care provided at the facility, but does not
include hospital, freestanding emergency medical care facility, or state-designated trauma center.
College / University / Vo-Tech means a community college, college, university, vocational /
technical school, trade school, language school, business school, training center, beauty school,
culinary school, and comparable advanced or continuing education facilities. The phrase does not
include music schools, fitness centers, sports instruction, swimming instruction, or martial arts
instruction.
Commercial Amusement, Indoor means uses that provide commercial amusement indoors
(except sexually oriented businesses), including, but not limited to:
      1. Bowling alleys and pool rooms;
      2. Movie theaters and live theaters;
      3. Indoor skating rinks (ice or roller);
      4. Indoor velodromes;
      5. Video arcades;
      6. Local area network computer gaming centers; and
      7. Internet cafes.
Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors
(except sexually oriented businesses), including, but not limited to:
      1. Amphitheaters or other outdoor concert facilities;
      2. Amusement parks or theme parks;
      3. Fairgrounds;




                                                    240                                     DRAFT 3.28.11
      4. Miniature golf establishments;
      5. Golf driving ranges;
      6. Water slides; and
      7. Batting cages.
Commercial Lodging means a place that offers overnight accommodations for short-term rental,
including hotels and motels. The phrase "commercial lodging" also includes hotels that offer
convention facilities or meeting rooms.
Commercial Retail means commercial and retail uses that do not include regular outside storage or
sales. The phrase "commercial retail" includes uses that are comparable to the following:
      1. Furniture and home furnishings stores;
      2. Electronics and appliance stores;
      3. Paint and wallpaper stores;
      4. Hardware stores;
      5. Food and beverage stores;
      6. Health and personal care stores;
      7. Clothing and clothing accessory stores;
      8. Sporting goods, hobby, book, and music stores;
      9. General merchandise stores; and
      10. Miscellaneous store retailers.
Commercial Stables means the stabling, training, feeding of horses, or the provision of riding
facilities for other than the use of the resident of the property.
Commercial Warehousing and Logistics means indoor warehousing, distribution, or logistics
facilities; retail distribution centers; order fulfillment centers; and moving and storage services
(including full-service moving and storage and indoor storage of shipping containers). The phrase
does not include self-storage; wholesale; or warehousing and distribution that are accessory to a
light industrial or heavy industrial facility, nor parcel service drop-off locations that are not accessory
to a parcel service processing facility.
Community Garden means a private or public area of land that is used for the noncommercial
cultivation of fruits, herbs, flowers, vegetables, or ornamental plants by more than one person or
family.
Composting Facility means a site on which decomposition processes are used on solid waste
(including leaves, grass, manures, and nonmeat food production wastes received from residential,
commercial, industrial non-hazardous, and community sources, but not including bio-solids) to
produce compost. Composting facilities do not include compost bins that are used to compost
household waste and landscaping waste on and for an individual residential lot.




DRAFT 3.28.11                                        241
Conservation Easement means a recorded legal document that restricts the use of land to uses
that are compatible with environmental conservation, historic preservation, open space
preservation, or agricultural preservation. Conservation easements sever development rights from
property and extinguish them, but do not involve transfer of fee simple title to the property to be
conserved.
Correctional or Rehabilitation Facility means a probation or parole office or a residential facility
that:
        1. Is operated by an agency of the state, a political subdivision of the state, or a private
           vendor operating under a contract with an agency of the state or a political subdivision of
           the state; and
        2. Houses persons convicted of misdemeanors or felonies or children found to have engaged
           in delinquent conduct, regardless of whether the persons are housed in the residential
           facility:
             a. While serving a sentence of confinement following conviction of an offense;
             b. As a condition of probation, parole, or mandatory supervision; or
             c. Under a court order for out-of-home placement under Title 3, Texas Family Code,
                other than in a foster home operated under a contract with the juvenile board of
                Hidalgo County or under a contract with the Texas Youth Commission.
Dance Hall means any room, place, or space open to the general public patronage in which is
carried on dancing wherein the public may participate, whether or not a charge for admission for
dancing is made.
Dwelling Unit means a building or portion thereof that provides complete, independent living
facilities for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
Existing Manufactured Home Park or Subdivision* means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed before the
effective date of the floodplain management regulations.
Expansion to an Existing Manufactured Home Park or Subdivision* means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
Flea Market means a building or open area in which individual stalls or sales areas are rented or
otherwise provided, which are intended for use by various unrelated individuals or businesses to sell
articles that are either homemade, homegrown, handcrafted, old or obsolete, or antique, and may
include the selling of new or used goods at retail by businesses or individuals who are generally
engaged in retail trade. There are two types of flea markets:




                                                    242                                      DRAFT 3.28.11
      1. Outdoor Flea Markets. Outdoor flea markets are flea markets that provide outdoor space
         to vendors. Outdoor flea markets operate daily or periodically, but are permanent land
         uses.
      2. Indoor Flea Markets. Indoor flea markets are flea markets that provide indoor spaces to
         vendors. The spaces are typically designed so that they may be individually secured and
         quickly reconfigured (such as through the use of chain link fencing for walls). Indoor flea
         markets typically operate daily.
The phrase "flea market" does not include garage sales (which are temporary uses), nor does it
include retail stores that lease space to vendors but offer a common checkout area for all items that
are sold at the store (which are commercial retail uses), nor does it include shopping malls (which
offer bays that are separated from each other with solid walls).
Flood Insurance Rate Map (FIRM)* means the most current edition of an official map on which
the Federal Emergency Management Agency has delineated both the special flood hazard areas and
the risk premium zones applicable to the community.
Flood or Flooding* means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
      1. The overflow of inland or tidal waters; or
      2. The unusual and rapid accumulation or runoff of surface waters from any source.
Floodplain Management* means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works and floodplain management regulations.
Floodplain or Flood-Prone Area* means any land area susceptible to being inundated by water
from any source. See Flood or Flooding.
Floodplain Management Regulations* means zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances (such as a floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The term
describes such state or local regulations, in any combination thereof, which provide standards for the
purpose of flood damage prevention and reduction. In this MDC, the Floodplain Management
Regulations include:
      1. Article 10, Floodplain Management and Flood Damage Prevention;
      2. Defined words and phrases in Division 15-4, Definitions, which relate to floodplain
         management, which are annotated with an asterisk (*);
      3. Division TBD, TBD (floodplain administration)
Flood Proofing or Floodproofed means any combination of structural and non-structural
additions, changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their contents.
Group Home means TBD.




DRAFT 3.28.11                                     243
Half Street means a proposed street with less than (typically half of) the required right-of-way width
for its functional classification, located on the bounding edge of a parcel proposed for development.
Hazardous Waste Management Facility means all contiguous land, including structures,
appurtenances, and other improvements on the land, used for processing, storing, or disposing of
hazardous waste. The phrase includes a publicly or privately owned facility consisting of processing,
storage, or disposal operational hazardous waste management units such as one or more landfills,
surface impoundments, waste piles, incinerators, boilers, and industrial furnaces, including cement
kilns, injection wells, salt dome waste containment caverns, land treatment facilities, or a
combination of units.
See Tex. Health and Safety Code § 361.003.
Heavy Industry means:
      1. Primary processing or manufacturing or repair operations not specifically defined
         elsewhere in this Section, which involve:
           a. An outside storage area that is larger than the area of the first floor of buildings on
              the same lot;
           b. A material risk of environmental contamination, explosion, or fire;
           c. Perceptible ground vibration;
           d. Excessive noise or dust;
           e. Emission of objectionable odors; or
           f.   More than 12 trips by semi-trailer trucks per day; or
      2. Processing of minerals (except precious and semi-precious stone cutting for jewelry or
         precision instruments such as lasers or watches), ores, or fossil fuels; or
      3. Industries that are required to undergo New Source Review under the Federal Clean Air
         Act, or are subject to construction or operation permits pursuant to the Texas Clean Air Act
         (Tex. Health and Safety Code Ch. 382) or Title V of the Federal Clean Air Act.
      4. For illustrative purposes, heavy industrial uses include, but are not limited to::
           a. Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants
              (furnace process); petroleum refineries; petroleum storage and transfer units (except
              retail gasoline stations); and bulk fuel dealers;
           b. Facilities used in the primary or secondary production of metals (e.g., primary zinc,
              copper, or lead smelters; primary aluminum ore reduction plants; iron and steel mills;
              sintering plants; secondary metal production plants; and blacksmith shops);
           c. Portland cement plants;
           d. Sawmills and pulp mills;
           e. Incinerators with the capacity to charge more than 250 tons of refuse per day;




                                                   244                                        DRAFT 3.28.11
           f.   Lime plants; phosphate rock processing plants; sulfur recovery plants; and
                hydrofluoric, sulferic, or nitric acid plants;
           g. Fossil fuel combustion (boilers or electricity generation) totaling more than 250
              million BTUs per hour of heat input;
           h. Fabrication of building materials such as countertops, drywall, and cut stone;
           i.   Fabrication of vehicles, manufacturing equipment, durable goods, or pre-fabricated
                homes or home components;
           j.   Auto or marine body, paint, or upholstery shops;
           k. Drycleaner processing plants that use PERC or comparable petrochemical solvents;
           l.   Meat or seafood processing plants;
           m. Manufacture of glass products (e.g., window panes, bottles and jars), except hand-
              blown products;
           n. Manufacture of plastic products (except assembly of parts that are manufactured
              elsewhere);
           o. Plasma arc welding, cutting, gouging, surfacing, or spraying; gas welding (but not
              brazing); arc welding with equipment that is rated at more than 200 amps; TIG
              welding; and other heavy welding procedures (e.g., for structural steel, automotive
              body, or heavy equipment manufacture or repair);
           p. Hot mix asphalt plants.
Heavy Retail means retail and/or service activities that have regular outside service or outside
storage areas, exceptionally large floor areas, or partially enclosed structures, as listed below:
      1. Permanent retail operations that are located outside of enclosed buildings, except
         nurseries and outdoor flea markets;
      2. Home centers;
      3. Lumber and other building materials;
      4. Lawn, garden equipment, and related supplies stores;
      5. Warehouse clubs and super stores;
      6. Equipment rental where the equipment is stored outside; and
      7. Manufactured home sales.
Heavy Vehicle, Watercraft, or Aircraft Sales or Rental means a business engaged in the sales or
rental of heavy trucks, mechanized construction equipment, boats, or aircraft.
Heliport means an area designed to be used for the landing or takeoff of helicopters, including
operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal
facilities. Unlike a helistop, the use of a heliport is not limited to a specific user or purpose.




DRAFT 3.28.11                                       245
Helistop means an area used for the take-off and landing of private helicopters for the purpose of
picking up and discharging of passengers or cargo. The use of the helistop is restricted to specific
users or purposes (e.g., tenants of a corporate park; a hospital trauma center; etc.), and the term
does not include facilities for general helicopter aviation use.
Highest Adjacent Grade* means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
Historic Structure* means
      1. For floodplain management purposes, any structure that is:
           a. Listed individually in the National Register of Historic Places (a listing maintained by
              the Department of Interior) or preliminarily determined by the Secretary of the
              Interior as meeting the requirements for individual listing on the National Register;
           b. Certified or preliminarily determined by the Secretary of the Interior as contributing
              to the historical significance of a registered historic district or a district preliminarily
              determined by the Secretary to qualify as a registered historic district;
           c. Individually listed on a state inventory of historic places in states with historic
              preservation programs which have been approved by the Secretary of Interior; or
           d. Individually listed on a local inventory or historic places in communities with historic
              preservation programs that have been certified either:
                i.   By an approved state program as determined by the Secretary of the Interior or;
               ii.   Directly by the Secretary of the Interior in states without approved programs.
      2. For all other purposes, ________.
Home Based Business means:
      1. A lawful business, occupation or activity conducted for financial gain from within a
         dwelling unit, where:
           a. Such use is incidental and accessory to the use of the building as a residence by
              the person engaged in the home occupation and up to three employees who do
              not live in the building; and
           b. Such use does not involve any of the following:
                i.   Sale of goods to customers on the premises;
              ii.    Opening of the home to the public for the sale of goods or services without
                     an invitation or appointment;
              iii.   Mechanical equipment that is not normally associated with domestic
                     household use; or
              iv.    Modification of the exterior of the home.




                                                    246                                       DRAFT 3.28.11
      2. The phrase "home based business" does not include the phrases "home
         occupation" or "bed and breakfast," nor does it include any type of Residential Child Care
         Facility or Day Care Child Care Facility.
Home Occupation means:
      1. A lawful business, occupation or activity conducted for financial gain from within a
         dwelling unit, where:
           a. Such use is incidental and accessory to the use of the building as a residence by
              the person engaged in the home occupation; and
           b. Such use does not involve any of the following:
                 i.   Sale of goods to customers on the premises;
                ii.   Opening of the home to the public for the sale of goods or services without
                      an invitation or appointment;
             iii.     Mechanical equipment that is not normally associated with domestic
                      household use;
             iv.      Modification of the exterior of the home; or
                v.    Outside storage of equipment used for business purposes.
      2. The phrase "home occupation" does not include the phrases "home based
         business" or "bed and breakfast," nor does it include any type of Residential Child Care
         Facility or Day Care Child Care Facility.
Hospital means a "general hospital" or a "special hospital," as defined in Tex. Health and Safety
Code § 241.003, and includes all subclassifications thereof, or a "freestanding emergency medical
care facility" as defined in Tex. Health and Safety Code § 254.001:
      1. General Hospital means an establishment that:
           a. Offers services, facilities, and beds for use for more than 24 hours for two or more
              unrelated individuals requiring diagnosis, treatment, or care for illness, injury,
              deformity, abnormality, or pregnancy; and
           b. Regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray
              services, treatment facilities including surgery or obstetrical care or both, and other
              definitive medical or surgical treatment of similar extent.
      2. Special Hospital means an establishment that:
           a. Offers services, facilities, and beds for use for more than 24 hours for two or more
              unrelated individuals who are regularly admitted, treated, and discharged and who
              require services more intensive than room, board, personal services, and general
              nursing care;
           b. Has clinical laboratory facilities, diagnostic X-ray facilities, treatment facilities, or
              other definitive medical treatment;




DRAFT 3.28.11                                      247
           c. Has a medical staff in regular attendance; and
           d. Maintains records of the clinical work performed for each patient.
      3. Freestanding Emergency Medical Care Facility means a facility, structurally separate and
         distinct from a hospital that receives an individual and provides emergency care
Housekeeping Unit means a group of people who share an entire dwelling unit, as well as
responsibilities for upkeep and meals.
Ice House means an establishment that serves as a place for people to gather to drink alcoholic
beverages, which are either sold on the premises or brought in by the patrons.
Kennel means any premises where any combination of dogs, cats or other household pets, totaling
four more animals, six months of age or older, are kept, boarded or bred for the intention of profit or
rescue.
Library means a public, nonprofit facility in which literary, musical, artistic, or reference materials
such as but not limited to books, manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for sale.
Light Auto Service / Fueling or Charging Station means:
      1. Gasoline service stations (including gasoline service stations that are associated with
         grocery stores and warehouse clubs) or fuel stations (e.g., hydrogen, compressed natural
         gas, or liquefied petroleum gas) for alternative fuel vehicles;
      2. Electric vehicle charging stations;
      3. Gasoline, fuel station, or charging station convenience marts (a gasoline service station,
         fuel station, and / or charging station with a convenience store);
      4. Quick service oil, tune-up, brake, and muffler shops in which:
           a. Repairs are made in fully enclosed bays;
           b. Repairs are of a type that is typically completed in less than two hours (e.g., oil
              changes, brake service, tire rotation and balancing, glass repair, battery replacement,
              tire replacement, fluid checks and replacement, muffler service, spark plug
              replacement, and comparable services); and
           c. Vehicles are generally not stored on-site, and on the occasion when overnight storage
              is necessary, vehicles are stored indoors; or
      5. Any combination of 1., 2., 3., or 4., above.
Light Industry means uses that involve assembly, compounding, packaging, or treatment of
products from previously prepared materials, with limited outside storage and limited external
impacts or risks. For illustrative purposes, light industrial uses include:
      1. Assembly or refurbishing of products, instruments, electronics, office and computing
         machines, and fixtures from pre-manufactured components;




                                                   248                                     DRAFT 3.28.11
      2. Offices of general contractors, specialty subcontractors, or tradesmen which include:
           a. Bay door access to indoor storage of tools, parts, and materials;
           b. Parking of commercial vehicles; or
           c. Outdoor storage areas that are smaller than the area of the first floor of the building
              that are used for storage of materials or vehicles that are less than 12 feet in height.
      3. Communications facilities, except wireless telecommunications facilities;
      4. Data centers, server farms, telephone exchange buildings, and telecom hotels;
      5. Food production and packaging other than meat and seafood processing, restaurants, or
         produce packing that does not involve other processing;
      6. Furniture making or refinishing;
      7. Manufacture of textiles or apparel;
      8. Screen printing of apparel;
      9. Printing and publishing, except copy centers, and except printing presses that require a
         Texas Clean Air Act Permit or a Federal Clean Air Act Permit (these are heavy industry);
      10. Disassembly of consumer electronics and / or appliances into component parts, where all
          operations and storage are within an enclosed building;
      11. Manufacture or compounding of pharmaceutical products, dietary supplements, health
          and beauty products, and herbal products; and
      12. Packaging of consumer products.
Live-Work Unit means a dwelling unit that provides space that is designed for one or more
commercial or office uses that are allowed in the zoning district. Access between the dwelling unit
and the commercial or office space is provided within the unit.
Lot means a contiguous area of land that is within the boundaries of, and conveyed with reference
to, an approved and recorded plat. The word "lot" does not include rights-of-way or tracts.




DRAFT 3.28.11                                      249
Lot, Corner means a lot that has frontage on two streets, which intersect at a corner of the lot at an
angle of not more than 135 degrees.

                                            ILLUSTRATION
                                            CORNER LOTS
Corner lots are shown in color




Lot, Flag means a lot that takes access from a street via a narrow strip of land (easement,
private right-of-way, or owned in fee-simple by the flag lot owner) that runs between lots or
through one or more lots that front on the street.
                                            ILLUSTRATION
                                               FLAG LOT
The flag lot is shown in color




                                                  250                                     DRAFT 3.28.11
Lot, Interior means a lot that is not a corner lot or a through lot.
                                             ILLUSTRATION
                                            INTERIOR LOTS
Interior lots are shown in color




Lot, Irregular means any type of lot that has:
       1. Three property lines;
       2. Four property lines, which do not form an approximately rectangular or square shape (a
          curve at the street corner of a corner lot does not make an otherwise regularly-shaped lot
          irregular); or
       3. Five or more property lines, except that flag lots are not irregular if the area of the lot
          excluding the access strip is approximately rectangular or square in shape.

                                            ILLUSTRATION
                                           IRREGULAR LOTS
Irregular lots are shown in color.




DRAFT 3.28.11                                     251
Lot, Through means a lot that has a common property line with two street rights-of-way, but not a
corner lot.

                                            ILLUSTRATION
                                            THROUGH LOT
The through lot is shown in color




Lowest Floor* means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or
storage in an area other than a basement area is not considered a building's lowest floor;
provided that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance
Program regulations.
Manufactured Home* means a structure transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected
to the required utilities. The phrase "manufactured home" does not include the phrase "recreational
vehicle." The phrase "manufactured home" includes the phrase "mobile home" only for the purposes
of administration of the City's Floodplain Management Regulations.
Manufactured Home Park or Subdivision* means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent ("Manufactured Home Park") or sale
("Manufactured Home Subdivision").
Mean Sea Level means the North American Vertical Datum ("NAVD") of 1988.
Medical Lab means a facility offering diagnostic or pathological testing and analysis of blood, blood
fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally
recognized in the healthcare industry.
Medical Office means office space used by physicians, pediatricians, radiologists, dentists,
chiropractors, physical therapists, acupuncturists, and other health care professionals for the
examination and / or treatment of patients on an outpatient basis, with no overnight stays by
patients.




                                                  252                                    DRAFT 3.28.11
Mining / Extraction means uses that involve extraction of minerals and fossil fuels from the
ground, including surface and subsurface mining, drilling, and quarrying facilities.
Mixed-Housing Neighborhood means a type of residential neighborhood in which a variety of
different housing types are provided.
Mixed-Use means a mix of two or more categories of uses (e.g., residential and commercial) on the
same parcel proposed for development. Mixed-use includes:
      1. Horizontally Mixed-Use. Horizontally mixed use, or multiple-use, means that the uses are
         separated horizontally, and may be in separate buildings.
      2. Vertically Mixed-Use. Vertically mixed use means that the uses are separated vertically in a
         single building.
Mobile Home
      1. Means a structure:
            a. constructed before June 15, 1976;
            b. built on a permanent chassis;
            c. designed for use as a dwelling with or without a permanent foundation when the
               structure is connected to the required utilities;
            d. transportable in one or more sections; and
            e. in the traveling mode, at least eight body feet in width or at least 40 body feet in
               length or, when erected on site, at least 320 square feet; and
      2. Includes the plumbing, heating, air conditioning, and electrical systems of the home.
See Tex. Occ. Code § 1201.003.
Motor Raceway means a facility consisting of a paved roadway used primarily for the sport of
automobile racing. The use includes associated seating, concession areas, suites, and parking
facilities. The phrase "motor raceway" also includes any facility used for driving automobiles under
simulated racing or driving conditions. such as test tracks, “shakedown” tracks, or other similar
facilities, which do not necessarily include seating, concession areas, or retail facilities for the general
public.
Multifamily means:
      1. Buildings that contain three or more dwelling units that:
            a. Are accessed by from interior elevators or hallways, or from individual exterior
               entrances; and
            b. Are separated by interior walls and/or floors.
      2. The term "multifamily" includes dwelling units that are located inside of mixed-use
         buildings.




DRAFT 3.28.11                                        253
      3. The term "multifamily" does not include boarding houses, dormitories, fraternities,
         sororities, bed and breakfast establishments, single-family attached, or commercial
         lodging.

N through Z
New Construction* means:
      1. For the purpose of determining flood insurance rates, structures for which the "start of
         construction" commenced on or after the effective date of an initial FIRM or after
         December 31, 1974, whichever is later, and includes any subsequent improvements to
         such structures.
      2. For floodplain management purposes, "new construction" means structures for which the
         "start of construction" commenced on or after the effective date of a floodplain
         management regulation adopted by a community and includes any subsequent
         improvements to such structures.
      3. For all other purposes, "new construction" means construction in a location where no
         buildings or structures existed at the time a permit is sought pursuant to this MDC, except
         where such construction is a modification or expansion of an existing building or structure
         into an additional land area.
New Manufactured Home Park or Subdivision* means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of the floodplain management regulations.
Nightclub means a commercial establishment which combines the consumption of alcoholic
beverages (sold at the facility or brought in by patrons) on the premises with dancing and /
or musical entertainment.
Nursery or Greenhouse means an enterprise that conducts the retail and/or wholesale sale of
plants grown on the premises. The terms also include, as an accessory use, the sale of a limited
selection of items (e.g., soil, planters, pruners, mulch, rock, etc., but not power equipment) that are
directly related to the care and maintenance of landscapes.
Nursing Home or Convalescent Home means an establishment that:
      1. Furnishes, in one or more facilities, food and shelter to four or more persons who are
         unrelated to the proprietor of the establishment; and
      2. Provides minor treatment under the direction and supervision of a physician licensed by
         the Texas Medical Board, or other services that meet some need beyond the basic
         provision of food, shelter, and laundry.
Office means uses in which professional, business, information processing, or financial services are
provided. The term includes such uses as:




                                                   254                                     DRAFT 3.28.11
     1. Accounting, auditing and bookkeeping;
     2. Administration of businesses (e.g., corporate headquarters);
     3. Advertising and graphic design;
     4. Architectural, engineering, urban planning, and surveying services;
     5. Attorneys and court reporters;
     6. Banks, mortgage companies; and financial services;
     7. Call centers;
     8. Computer programming;
     9. Counseling services;
     10. Data processing and word processing services;
     11. Detective agencies;
     12. Government offices;
     13. Insurance;
     14. Interior design;
     15. Real estate sales;
     16. Research and development that does not include on-site manufacturing;
     17. Retail catalog, internet, and telephone order processing, but not warehousing; and
     18. Virtual office services.
Offset means:
     1. With respect to measurement of setbacks, a measurement of distance at right angles to
        a property line, which creates a line or curve that is parallel to the property line from
        which the measurement is taken.
                                               ILLUSTRATION
                                    OFFSET WITH RESPECT TO PROPERTY LINE




DRAFT 3.28.11                                        255
      2. With respect to wall planes or vertical elements of structures, an abrupt change in a
         vertical plane; for example, due to part of a wall being set off from the rest of a wall
         plane on the same elevation.

                                              ILLUSTRATION
                                   OFFSET WITH RESPECT TO WALL PLANES




Open Space means areas of a parcel proposed for development that are left undeveloped from
ground to sky, except as provided in Section TBD, Use and Function of Open Space, in order to
meet the open space ratio or other landscaping requirements (e.g., bufferyards, parking lot
landscaping, etc.) of this MDC.
Parking and Multimodal Transit Facilities means:
      1. Parking Facilities. Parking facilities means parking lots or structures that are not provided
         as required parking for a specific use, and where a fee for use is typically charged. The
         phrase "parking facility" also includes facilities that provide both parking for a specific use
         and regular fee parking for people not connected to the use. The phrase includes small
         structures intended to shield attendants from the weather.
      2. Multimodal Transit Facilities. Multimodal transit facilities includes terminals used for the
         ticketing, loading, and unloading of bus or train passengers. Food and beverage sales
         conducted during normal terminal operations are included as accessory uses.
Passenger Motor Vehicle Sales or Rental means a business that is engaged in the sale or rental of
passenger vehicles, light trucks, and / or motorcycles.
Pawn Shop means an establishment that is engaged in the business of:
      1. Lending money on the security of pledged goods; or
      2. Purchasing goods on condition that the goods may be redeemed or repurchased by the
         seller for a fixed price within a fixed period.
See Tex. Finance Code § 371.003.
Personal Fitness or Music Instruction means uses that involve instruction or facilities for physical
fitness, dance, or music instruction. Such uses include membership gymnasiums (with or without




                                                   256                                      DRAFT 3.28.11
personal training instruction), and instruction in music, yoga, dance, boxing, aerobic exercise, or
martial arts. The phrase "personal fitness or music instruction" does not include the phrase "personal
services," nor the phrase "professional services, instruction, or counseling."
Personal Services means a use that provides non-medical services that generally (but not
necessarily) used on a recurring basis, and generally require one-to-one interaction between the
proprietor or employee and the customer in order to provide the service. Examples of personal
services include beauty and barber shops, nail salons, tanning facilities, tattoo parlors, body piercing
studios, and tailoring. The phrase does not include the phrase "personal fitness or music instruction,"
nor the phrase "professional services, instruction, or counseling."
Place of Public Assembly means an indoor place where people assemble for civic or cultural
purposes. This use includes places of worship; meeting facilities; and conference centers.
Post Office means a branch of the United States Post Office.
Power Generation means a facility that generates electricity and delivers it to the power grid as
either base load or peak load, also known as a "power plant" or "peaker power plant." There are
three types of power generation for the purposes of this MDC (nuclear power generation is not
included):
      1. Power Generation, Small Scale, Renewable / Noncombustible. Power generation, small
         scale, renewable / noncombustible means facilities that are scaled to serve more than one
         building, but are not utility scale, which generate power from renewable noncombustible
         sources (e.g., wind, water, geothermal, or solar, but not alcohol or biodiesel). The capacity
         rating of small scale power generation does not exceed two megawatts. See 16 TAC §
         25.217, Distributed Renewable Generation.
      2. Power Generation, Utility Scale, Fossil Fuel / Combustible. Power generation, utility scale,
         fossil fuel / combustible means utility scale power plants that generate electricity using
         fossil fuels or renewable fuels that are combustible, such as biomass, biodiesel, or alcohol.
      3. Power Generation, Utility Scale, Renewable / Noncombustible. Power generation, utility
         scale, renewable / noncombustible means utility scale power plants that generate
         electricity from renewable, noncombustible sources (e.g., wind, water, geothermal, or
         solar, but not alcohol or biodiesel).
Private Club means a building in which members of a community or association may gather for
social, educational, or cultural activities.
Professional Services, Instruction, or Counseling means services that principally involve
communication between the proprietor or employee and the client, and which may involve services
to more than one client at a time by a single proprietor or employee, including marriage counseling,
tutoring, and financial planning. The phrase does not include the phrase "personal fitness or music
instruction," nor the phrase "personal services."
Property Line means a line or curve that forms the legal boundary of a lot or parcel. Property lines
are further classified as front, interior side, street side, or rear.




DRAFT 3.28.11                                          257
Property Line, Front means:
     1. For interior and through lots or parcels, the property line that is nearest, and most closely
        parallel to the street from which the lot or parcel takes its address.
     2. For corner lots or parcels:
          a. The shortest property line that is nearest, and most closely parallel to an abutting
             street; or
          b. If the property lines are of lengths within +/- 5 percent of each other, the lot or
             parcel's side adjacent to the longest block face in which it occurs and to which the
             majority of the existing buildings on both block faces (on the same sides of the
             streets) front.
     3. On corner lots or parcels with property lines that are curved to accommodate an
        intersection curb radius, the front property line extends to the point on the curve at which
        the tangent is 45 degrees from the vector of the front property line before the beginning
        of the curve (usually the center of the curve).
     4. On lots arranged around a mew, the property line that separates the lot from the mew.
     5. On flag lots, the property line that is coterminous with the rear property line of the lot
        between the flag lot and the street from which the flag lot takes access.

                                          ILLUSTRATION
                                       FRONT PROPERTY LINES




Property Line, Interior Side means:
     1. On lots with three or four sides, a property line or curve that intersects with a front
        property line, but which is not also a street right-of-way line.
     2. On lots with more than four sides, any property line that is not a front property line,
        rear property line, or street side property line.




                                                 258                                     DRAFT 3.28.11
                                             ILLUSTRATION
                                      INTERIOR SIDE PROPERTY LINES




Property Line, Street Side means a property line that is shared with a street right-of-way
line, but is not a front property line.

                                                 ILLUSTRATION
                                          STREET SIDE PROPERTY LINES




DRAFT 3.28.11                                         259
Property Line, Rear means a line or curve that connects the rearmost points of side lot lines.
                                             ILLUSTRATION
                                          REAR PROPERTY LINES




Public means, with reference to the ownership of property, a governmental entity, such as a
municipality, county, state, or federal agency, or special purpose district.
Public Safety Facilities means police and fire stations, substations, and training facilities for police
and fire protection personnel. The phrase "public safety facilities" does not include correctional or
rehabilitation facilities, but may include buildings with holding cells for temporary incarceration.
Public Utility Facilities, Neighborhood means facilities that are required to provide public utilities
to neighborhoods or other small areas, including lift stations, telephone and cable pedestals,
transformers, pump stations and hydrants, switching boxes, and other structures commonly found in
a street right-of-way to serve adjacent properties.
Public Utility Plant means
      1. Municipal. Municipal public utility plants provide centralized services of a large-scale, but
         less than regional nature, such as wastewater treatment plants, potable water plants, and
         similar facilities that are scaled to serve the City or large areas within the City. Municipal
         public utility plants include subregional electrical substations.
      2. Regional Public Utility Plants. Regional public utility plants provide centralized services of a
         regional nature, such as wastewater treatment plants, potable water plants, and similar
         facilities when they are scaled for providing serivices beyond the City limits. Regional
         public utility plants include regional electrical substations.
Rail Yard means an area of land, a portion of which is covered by a system of tracks, that provides
for the making up of trains by one or more railroads or private industry concerns. Necessary
functions of a rail yard include but are not limited to the classifying, switching, storing, assembling,




                                                   260                                       DRAFT 3.28.11
distributing, consolidating, moving, repairing, weighing, or transferring of cars, trains, engines,
locomotives, and rolling stock.
Recreation, Indoor means uses that provide recreation opportunities indoors for the public (open
to the community) or residents of a subdivision or development, which are not commercial in nature.
Specifically excluded from the definition are health and exercise clubs and commercial amusement
uses. The phrase "recreation, indoor" includes:
      1. Community recreation centers;
      2. Gymnasiums;
      3. Indoor swimming pools; or
      4. Tennis, racquetball, or handball courts.
Recreation, Outdoor means uses that provide recreation opportunities outdoors for the public
(open to the community) or residents of a subdivision or development, which are not commercial in
nature (except for golf courses, which may be commercial in nature). The phrase "recreation,
outdoor" includes public areas for active or passive recreational activities including, but not limited
to:
      1. Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis
         courts;
      2. Golf courses (regardless of ownership or membership);
      3. Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for
         walking or hiking; or
      4. Other passive recreation-oriented parks, including picnic areas, and garden plots.
Recreational Vehicle* means a vehicle which is:
      1. Built on a single chassis;
      2. 400 square feet or less when measured at the largest horizontal projections;
      3. Designed to be self-propelled or permanently towable by a light duty truck; and
      4. Designed primarily not for use as a permanent dwelling but as temporary living quarters
         for recreational, camping, travel, or seasonal use.
Rendering Plant means a facility that processes waste materials originating from animals and
vegetables, including animal parts and scraps, offal, paunch manure, and waste cooking grease.
See Tex. Health and Safety Code § 361.093.
Research and Testing Laboratory means research, development, and testing laboratories that do
not involve the mass manufacture, fabrication, processing, or sale of products. The phrase "research
and testing laboratory" does not include the phrase "medical lab," but does include other research
and testing that may be related to medicine that is not included in that phrase, such as mass
spectrometry and product quality testing.




DRAFT 3.28.11                                       261
Reserve Strip means a narrow strip of land that is reserved by a subdivider in order to prevent or
control access to abutting streets or parcels. Bufferyards are not reserve strips.
Residential Care Facility means a facility operated by the Texas Department of Mental Health and
Mental Retardation or a community center that provides 24-hour services, including domiciliary
services, directed toward enhancing the health, welfare, and development of persons with mental
retardation.
Restaurant means an establishment that sells prepared food and beverages to customers for
consumption on-site or off-site. The term "restaurant" includes:
      1. Restaurant, Drive-In or Drive-Through. means Restaurant, drive-in or drive-through means
         a restaurant located either within a retail center, or situated on its own freestanding pad,
         which:
           a. Contains a drive-in or drive-through facility;
           b. Primarily serves food that is prepared and packaged within five minutes; and
           c. Customarily serves food in disposable containers.
      2. Restaurant, No Drive-In or Drive-Through. Restaurant, No drive-in or drive-through means
         an establishment that serves prepared meals to customers for consumption on-site or off-
         site, but does not include drive-in or drive-through facilities (however, the use may include
         designated parking spaces for "curbside pickup" of food ordered in advance if the curbside
         pickup is a clearly subordinate function to the restaurant's operations), and includes:
           a. Full-service restaurants;
           b. Limited-service eating facilities; and
           c. Special foodservices.
School means an institution that provides full-time instruction for students from pre-kindergarten to
12th grade. There are four types of schools for the purposes of this MDC:
      1. School, Pre-Kindergarten means a school in which children are enrolled in a structured
         educational program prior to kindergarten. Pre-Kindergarten does not mean day care.
      2. School, Elementary means a school that teaches students from kindergarten through grade
         5.
      3. School, Middle means a school that teaches students from grades 6 to 8.
      4. School, High means a school that teaches students from grandes 9 to 12.
Self Storage means a building or group of buildings that are used for the storage of personal
property or records, where individual owners or tenants control individual storage spaces.
Shelter for Homeless Individuals means a supervised private facility that provides temporary
living accommodations for homeless individuals.




                                                    262                                   DRAFT 3.28.11
Shooting Range, Indoor means a building open to the general public wherein the shooting of
firearms is allowed for the practice of marksmanship. The phrase "shooting range, indoor" does not
include facilities maintained or operated by a police department or United States military branch
which is not available to the general public.
Shooting Range, Outdoor means the use of land for archery and/or the discharging of firearms for
the purposes of target practice, skeet and trap shooting, mock war games, or temporary
competitions, such as turkey shoots.
Single-Family Attached means:
      1. Two or more dwelling units that are designed so that individual units have individual
         ground-floor access and are separated from each other by unpierced common walls from
         foundation to roof (e.g., side-by-side duplexes and all types of townhomes); or
      2. Two dwelling units that are designed so that the individual units:
           a. May or may not have individual exterior doors, but provide no direct access between
              the first floor and second floor unit (access may be through a common interior foyer
              that provides access to both units or through separate exterior doors); and
           b. Are separated from each other by a floor (i.e., over-under duplexes).
Single-Family Cluster means a type of residential neighborhood in which single-family detached
buildings are concentrated on a portion of the parcel proposed for development, in order to allow
the remaining land to be used for recreation, open space, or preservation of sensitive land areas.
Single-Family Detached means a dwelling unit that is:
      1. Located in an individual building that is constructed on:
           a. An individual lot; or
           b. Land that is designated as a limited common element in a declaration of
              condominium; and
      2. Separated from other dwelling units by outside walls; and
      3. Designed for use by a single housekeeping unit.
Solid Waste Facility means all contiguous land, including structures, appurtenances, and other
improvements on the land, used for processing, storing, or disposing of solid waste. The phrase "solid
waste facility" includes a publicly or privately owned facility consisting of several processing, storage,
or disposal operational units such as one or more landfills, surface impoundments, or a combination
of units.
See Tex. Health and Safety Code § 361.003.
Start of Construction* means
      1. For floodplain management purposes (for other than new construction or substantial
         improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)) includes
         substantial improvement and means:




DRAFT 3.28.11                                       263
            a. The date the building permit was issued, provided the actual start of construction,
               repair, reconstruction, rehabilitation, addition placement, or other improvement was
               within 180 days of the permit date.
            b. The actual start means either the first placement of permanent construction of a
               structure on a site, such as the pouring of slab or footings, the installation of piles, the
               construction of columns, or any work beyond the stage of excavation; or the
               placement of a manufactured home on a foundation.
            c. Permanent construction does not include land preparation, such as clearing, grading
               and filling; nor does it include the installation of streets and/or walkways; nor does it
               include excavation for basement, footings, piers or foundations or the erection of
               temporary forms; nor does it include the installation on the property of accessory
               buildings, such as garages or sheds not occupied as dwelling units or not part of the
               main structure.
            d. For a substantial improvement, the actual start of construction means the first
               alteration of any wall, ceiling, floor, or other structural part of a building, whether or
               not that alteration affects the external dimensions of the building.
      2. For other purposes, means ________.
Storage Yard means outdoor storage of operable equipment and building or infrastructure
construction materials for off-site projects. The phrase "storage yard" does not include outdoor
storage areas that are associated with an on-site heavy industrial use.
Street Tree means a species of tree that the City has determined is appropriate for planting within
public rights-of-way. Street trees are identified in Appendix A, Plant Lists.
Structure* means:
      1. For floodplain management purposes, a walled and roofed building, including a gas or
         liquid storage tank, that is principally above ground, as well as a manufactured home.
      2. For all other purposes, _________
Substantial Damage* means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial Improvement* means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before "start of construction" of the improvement. This phrase includes structures
which have incurred "substantial damage," regardless of the actual repair work performed. The
phrase does not, however, include either:
      1. Any project for improvement of a structure to correct existing violations of state or local
         health, sanitary, or safety code specifications which have been identified by the local code
         enforcement official and which are the minimum necessary to assure safe living
         conditions; or




                                                     264                                      DRAFT 3.28.11
      2. Any alteration of a "historic structure," provided that the alteration will not preclude the
         structure's continued designation as a "historic structure."
Tanning Facility means a business that provides for the use of any equipment, including a sunlamp,
tanning booth, and tanning bed, that emits electromagnetic radiation with wavelengths in the air
between 200 and 400 nanometers, and is used for the tanning of human skin.
See Tex. Health and Safety Code § 145.002.
Tattoo Studio means an establishment or facility in which the practice of producing an indelible
mark or figure on the human body by scarring or inserting a pigment under the skin using needles,
scalpels, or other related equipment is performed. The phrase "tattoo studio" also includes an
establishment in which the application of permanent cosmetics is performed.
See Tex. Health and Safety Code § 146.001.
Tract means a contiguous area of land that is:
      1. Identified on a plat or, if no plat is required, a site plan; and
      2. Used for outdoor recreation, drainage, bufferyard, natural resource protection, or open
         space preservation; and
      3. Either:
           a. held in common ownership by a property owners' association, governmental entity,
              or other appropriate nonprofit entity charged with ongoing maintenance; or
           b. subject to an easement for the its use that runs to the benefit of owners in the same
              subdivision, the City, or another appropriate nonprofit entity charged with ongoing
              maintenance.
Traditional Neighborhood Development ("TND") means a predominately residential
neighborhood that consists of a variety of residential lot sizes and more than one type of housing,
along with neighborhood supportive nonresidential development, designed so that internal streets
tend to give equal or greater dignity to the pedestrian compared to motorized vehicles.
Transit-Oriented Development ("TOD") means a mixed-use neighborhood within walking distance
of a transit stop and core commercial area. TODs mix residential, retail, office, and / or public uses in
a walkable environment, designed to be convenient for residents, visitors, and employees to travel
by transit, bicycle, foot, or motor vehicle.
Vehicle Wash means any area or business using self-service, in-bay automatic, or conveyor
equipment for cleaning and washing motor vehicles, whether as a part of another business operation
(e.g., as an accessory use to light automobile service / fueling station or vehicle sales, rental, and
service), or as a stand alone operation, of any type, on a commercial basis. The phrase "vehicle wash"
includes fleet and municipal in-bay automatic and conveyor vehicle wash facilities.
Vending Kiosk / ATM means a machine that is located in a fixed position outdoors (either attached
to a building or in a freestanding structure), which does not require employees or attendants to
conduct transactions, and which is used for:




DRAFT 3.28.11                                        265
      1. Automated banking or other financial transactions (e.g., "ATM," change machines, etc.);
      2. Vending or dispensing products (e.g., water, ice, DVD purchases or rentals, postal
         supplies, soft drinks, newspapers, snacks, ice cream, coffee, or other foods or
         consumer items), or
      3. Downloading electronic files (e.g., electronic books, music, or video) via wired
         connections. The phrase "vending kiosk / ATM" does not include wireless internet
         access points or wireless telecommunications facilities.
Veterinarian, Large Animal means an animal hospital or clinic that provides services for horses
and other livestock.
Veterinarian, Small Animal means veterinary clinics and hospitals that provide care for small
domestic animals. The phrase "veterinarian, small animal" does not include large animal and
livestock veterinarians.
Waste Transfer Station or Recycling Drop Off Center means:
      1. Waste Transfer Station. Waste transfer station means the use of land or a facility,
         regardless of name or title, to unload waste of any kind or type from vehicles, and, with or
         without intermediate processing such as compaction, sorting, or shredding, subsequently
         re-load the waste onto other vehicles for delivery to another transfer site or solid waste
         facility.
      2. Recycling Drop Off Center. Recycling drop off center means a facility for drop-off of
         recyclable materials (e.g., waste paper, motor oil, scrap metal, polystyrene foam,
         porcelain, batteries, electronic components, textiles, plastics, discarded shoes, cardboard,
         and other discarded household materials), where the materials are sorted, temporarily
         stored, and then shipped in bulk to other locations for processing.
The phrase "waste transfer station or recycling drop off center" does not include a wastewater
treatment facility.
Wholesale means the business of:
      1. Selling goods, equipment, or food to retailers, generally in larger quantities than they
         are sold to final consumers, but often in smaller quantities than they are purchased
         from manufacturers; or
      2. Selling specialized equipment and supplies to businesses, but not to the general public.
The term "wholesale" is qualified as follows:
      1. It includes wholesale uses with warehousing and / or showrooms. If a wholesale
         use does not involve display, storage, or distribution from the site of the use, then
         it is an office use.
      2. It does not include wholesale clubs that offer memberships to the general public. Such
         uses are considered "heavy retail."
      3. It does not include nurseries.




                                                  266                                    DRAFT 3.28.11
Wireless Telecommunications Facilities ("WTF") means a facility consisting of the equipment and
structures involved in receiving telecommunications or radio signals from a mobile radio
communications source and transmitting those signals to a central switching computer which
connects the mobile unit with the land-based telephone lines. Wireless telecommunications facilities
include:
      1. Attached Communications WTF. Attached communications WTF are affixed to an existing
         structure (including buildings, water tanks, and communications towers).
      2. Stealth Freestanding WTF. Stealth freestanding WTF are towers that have been designed
         to be architecturally compatible with the surrounding area. They camouflage or conceal
         the presence of the tower and the antennas that are mounted on it. These structures
         would include, but are not limited to: artificial rocks and trees, freestanding clock towers
         and bell steeples, light poles, flagpoles, and artistic structures.
      3. Non-Stealth Freestanding WTF. Non-stealth freestanding WTF are lattice towers,
         monopole towers, guyed towers, or other freestanding facilities that do not meet the
         definition for stealth freestanding communications facilities.




DRAFT 3.28.11                                     267

				
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