For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them in this section. Those words not expressly defined in this section are to be construed in accordance with the zoning ordinance or other applicable ordinance of the city, or in the absence of such definition, then in accordance with customary usage in municipal planning and engineering practices.
Agricultural purposes
means uses, buildings and accessory uses related to farming and ranching activities that involve the production of raw farm and ranch products. Standard Industrial Classifications Codes (SIC) included in agricultural purposes are SIC Codes 01 to 09, Agricultural, Forestry and Fishing; except 0723, Crop preparation services for market, and 0724, Cotton ginning. The term "agricultural purposes" includes facilities for raising animals, such as barns, kennels or stables, or one single-family dwelling or mobile home, provided the owner of any such property complies with the exemption provisions under section 134-10.
Alley
means a minor public right-of-way which is used primarily for vehicular service access to the backs or sides of properties otherwise abutting on a street, and not intended to provide the primary means of access to abutting lots.
Any office.
Reference made to any office in this chapter by title means the person employed or appointed by the city in that position, or his duly authorized representatives.
Building setback line
means the line within a property defining the minimum permissible horizontal distance between a building and the adjacent street right-of-way line or other property lines.
134 Alley.tif
Commission
means the planning and zoning commission of the city.
Comprehensive general plan
means a statement of public policy containing the goals and objectives of the community, the capital improvement program, the land use plan, the major thoroughfare plan, the community facilities plan, the subdivision and zoning regulations, and other development codes, ordinances, policies and plans or amendments promulgated by the board of commissioners for the quality and orderly growth of the community.
Crosswalk
means a public right-of-way, six feet or more in width between property lines, which provides pedestrian circulation.
Cul-de-sac
means a street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround.
Dead-end street
means a street, other than a cul-de-sac, with only one outlet.
Engineer
means a person duly authorized under the provisions of the state engineering registration act, as amended, to practice the profession of civil engineering.
Extraterritorial jurisdiction.
The extraterritorial jurisdiction of the city is five miles as provided in V.T.C.A., Local Government Code § 212.001(1).
Lot
means an undivided tract or parcel of land having frontage on a public or private street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been property filed for record.
Lot of record
means a parcel of land which is part of a subdivision, the map or plat of which has been recorded in the office of the county clerk; or a tract of land not a part of an urban or town lot subdivision, the deed of which has been recorded in the office of the county clerk prior to October 15, 1973, which has not been divided since recording.
Pavement width
means the portion of a street available for vehicular traffic where curbs are laid; it is the portion between the face of curbs.
Person
means any individual, association, firm, corporation, governmental agency or political subdivision.
Planned unit development (PUD)
means and includes a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity.
Planner, land or city
means a person having an occupation classified as city or land planning.
Plat
means a map or drawing of a tract of land which presents the developer's plan of his subdivision. As a general rule, the plat will show the tract's location, boundaries and area, as well as individual lot boundaries, proposed streets, utilities, public areas and other information the city must have to determine whether the proposed subdivision complies with the requirements of local regulations for approval, and a copy of which the developer intends to file for record.
Private subdivision
means a subdivision that has restricted access to the general public and where the internal streets, street lights, traffic control devices, such as signs and pavement markings, and sidewalks are not dedicated to the public but are maintained by the lot owners.
Single lot subdivision
means a tract of land previously divided from a larger tract of land but not a part of a plat approved under the provisions of this chapter or under the rules and regulations promulgated by the county commissioners court for the division of land into suburban or building lots in a subdivision as defined under state law.
Street
means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
(a) 
Arterial street
means a free flowing street, normally the main thoroughfare through a community, receiving traffic from collector and minor streets.
(b) 
Collector street
carries traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(c) 
Minor street
means a street used primarily for access to abutting residential property.
134 Streets.tif
Subdivider
means any person who owns a tract of land located within the city limits or in the extraterritorial jurisdiction of the city who divides a tract into two or more parts to lay out a subdivision of the tract, including an addition to the city; or to lay out suburban, building or other lots including mobile home lots or spaces; or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use for the use of the purchasers or owners of the lot fronting on or adjacent to the streets, alleys, squares, parks or other parts; or a person owning a single lot subdivision in the city limits or its extraterritorial jurisdiction where such owner utilizes or improves the property as to require a building permit from the county or city, as applicable, or utility connection. A person is a subdivider of land under this chapter regardless of whether the person subdivides or divides the land by using a metes and bounds description in a deed or of conveyance in a contract for deed or by using a contract of sale or other executory contract to convey or lease, in this case of a mobile home park, or by using any other method.
Subdivision
means a division of land which results in dividing a tract into two or more parts. "Subdivision" includes resubdivision but it does not include a division of land for agricultural purposes in tracts of more than five acres, where each tract has access and no public improvement is being dedicated.
Surveyor
means a licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.
Total costs
means all costs of a completed system, including engineering and contingencies.
Utility easement
means an interest in land granted to the city, to the public generally, and/or to a private utility corporation for the installation of and maintaining utilities across, over or under private land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of such utilities.
(1966 Code, § 26½-4; Ordinance 1991-88-A, § II, adopted 11/27/1991; Ordinance 2000-89, § 1, adopted 11/27/2000; Ordinance 2006-09, § 1, adopted 1/31/2006; Ordinance 2006-14, § 1, adopted 2/15/2006)
The purpose of this chapter is to provide for the orderly, safe and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.
(1966 Code, § 26½-2)
The planning and zoning commission and the public utility board shall review the provisions of this chapter as it relates to the specific areas of authority under this chapter and make recommendation to the board of commissioners for amendment to this chapter as required to meet the purposes of this chapter.
(1966 Code, § 26½-2)
(a) 
No plat or subdivision of land constituting an urban subdivision within the city or its extraterritorial jurisdiction as defined under the provisions of V.T.C.A., Local Government Code § 212.001 et seq. shall be approved unless the plat conforms to the general plan of the city in its roads, streets, alleys, easements, drainage, and public utility facilities, including those which have been or may be laid out or required to be laid out as necessitated by the subdivision, and to the general plan for the extension of the city and of its roads, streets, alleys, easements, drainage, and public utilities, including access to drainage and public utilities relating thereto.
(b) 
No plat or subdivision of land within the extraterritorial jurisdiction of the city shall be approved unless the plat conforms to the general plan or requirements for subdivisions of land as promulgated by the City of McAllen. In addition thereto, provisions shall be made for the supply of potable water to each lot within such subdivision. Such potable water supply source shall be approved by the state department of health for the supplying of potable water to consumers. The planning and zoning commission is hereby authorized to approve any such plats on behalf of the city and shall, therefore, submit such plats to the county planning department for its approval.
(1966 Code, § 26½-3; Ordinance 1991-88-A, § I, adopted 11/27/1991; Ordinance 2006-09, § 2, adopted 1/31/2006)
(a) 
No permit shall be issued within the city by the city for the installation of septic tanks upon any tract or lot in a subdivision for which a final plat has not been approved and filed for record, or upon any tract or lot in a subdivision in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.
(b) 
No building, repair, plumbing or electrical permit shall be issued by the city for any structure on a lot or tract for which a final subdivision plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.
(c) 
The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.
(d) 
The city shall not sell or supply any water or sewage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained in this chapter or referred to in this chapter have not been complied with in full.
(e) 
On behalf of the city, the city attorney shall, when directed by the board of commissioners, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to in this chapter with respect to any violation thereof which occurs within the city, or within the extraterritorial jurisdiction of the city as determined by agreement with other municipalities in the area, or within any area subject to all or a part of the provisions of this chapter.
(f) 
If any subdivision exists for which a final plat has not been approved or in which the standards contained in this chapter or referred to in this chapter have not been complied with in full, the board of commissioners shall pass a resolution reciting the fact of such noncompliance or failure to secure final plat approval, and reciting the fact that the provisions of subsections (a), (b), (c) and (d) of this section will apply to the subdivision and the lots therein, the city secretary shall, when directed by the city, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county or counties in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed of records of such county or counties stating that subsections (a), (b), (c) and (d) of this section no longer apply.
(g) 
The provisions of this section shall not be construed to prohibit the issuance of building, repair, plumbing or electrical permits with respect to any lot or building tract, nor prohibit the repair, maintenance or installation of any street or public utility services for, to, or abutting any lot, in these instances: where the last recorded conveyance of such lot or tract prior to the passage of the ordinance from which this chapter derives (October 15, 1973) was by metes and bounds; or where a building is in existence on such lot prior to the passage of such ordinance; or where such subdivision, whether by recorded plat or by actual occupancy and use, was in existence prior to the passage of such ordinance.
(h) 
The owner of a tract of land that divides the tract in any manner that creates lots intended for residential purposes of five acres or less must have a plat of the subdivision prepared.
(i) 
No subdivided land intended for residential purposes shall be sold or conveyed until the subdivider:
(1) 
Has received approval of a final plat of the tract; and
(2) 
Has filed and recorded with the county clerk of the county in which the tract is located a legally approved plat.
(j) 
A division of a tract is defined as including a metes and bounds description, or any description of less than a whole parcel, in a deed of conveyance or in a contract for a deed, using a contract of sale or other executory contract, lease/purchase agreement, or using any other method to convey property.
(k) 
Minor construction, repair, modification, installation or demolition in city-owned parks, as determined by the planning director, shall not require a subdivision plat or conditional use permit.
(1966 Code, § 26½-5; Ordinance 2000-89, § 2, adopted 11/27/2000; Ordinance 2021-77, § I, adopted 9/27/2021)
(a) 
The planning and zoning commission may recommend variances from this chapter to the city commission when in its opinion, undue hardships will result from requiring strict compliance. In recommending a variance, the planning and zoning commission shall prescribe only conditions that it deems necessary or desirable in the public interest. In making the findings required in this section, the planning and zoning commission shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance can be recommended unless the planning and zoning commission finds that:
(1) 
A written request of the developer is submitted in advance of making such request;
(2) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
(3) 
The granting of a variance is necessary for the preservation and enjoyment of the legal property rights of its owner;
(4) 
The granting of the variance will not be detrimental to the public health, safety or welfare or injurious to the legal rights other property owners enjoy in the area; and
(5) 
The granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter.
Such findings of the planning and zoning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning and zoning commission meeting at which such variance is considered. Variance may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice accomplished. Financial hardship to the subdivider, standing alone, shall not constitute undue hardship.
(b) 
The board of commissioners shall have the ultimate power to grant or reject variances upon the receipt of a recommendation from the planning and zoning commission.
(1966 Code, § 26½-6)
(a) 
The city may elect at its option to enforce one or more of the following options to this chapter.
(1) 
Denial of plat approval. No plat shall be recorded unless it contains such data, nor shall any court clerk record a plat which has not received the prior approval of the board of commissioners or planning and zoning commission.
(2) 
Institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter.
(3) 
Denial of public utilities.
(4) 
Denial of building permits.
(5) 
Provide for offenses within the corporate limits of the city.
(b) 
Any person residing in any subdivision shall have the requisite standing and authority to enforce the standards established pursuant to this chapter and may file suit in any court of competent jurisdiction for his damages or for declaratory or injunctive relief or such other relief as may be deemed appropriate.
(1966 Code, § 26½-7)
Whenever the standards and specifications in this chapter conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
(1966 Code, § 26½-8)
The city engineer is hereby authorized to promulgate or to have promulgated from time to time, and to file for public record and use in the office of the city secretary, rules, regulations, standards and specifications for the construction, installation, design, location and arrangements of streets, curbs, streetlights, street signs, alleys, utility layouts, utility easements, sidewalks, water supply and water distribution systems, fire hydrants, sewage disposal systems, septic tanks, water wells, drainage facilities and crosswalks, and such rules, regulations and standards shall be applicable for all subdivisions thereafter developed within the city or its extraterritorial jurisdiction. The board of commissioners may, but is under no obligation to, review any such rule, regulation, standard or specification as promulgated by the city engineer.
(1966 Code, § 26½-9)
(a) 
Application.
The director of planning shall determine the subdivision exemption status of a tract of land for agricultural use upon receipt of a completed application form and accompanying documents by the property owner or authorized agent. The application form shall be accompanied by the following documents:
(1) 
Warranty deed for the subject tract indicating date of last conveyance.
(2) 
Evidence of a building on the subject tract prior to the effective date of the ordinance from which this chapter was derived, if applicable.
(3) 
Evidence of subdivision for the subject tract, occupied or in use prior to the effective date of the ordinance from which this chapter was derived, if applicable.
(4) 
Current tax certificates.
(5) 
Survey of the tract showing property line, right-of-way widths, easements and existing improvements, signed and sealed by a registered public surveyor.
(6) 
Separate instruments dedicating additional right-of-way along perimeter streets.
(7) 
Recording fees for separate instruments.
(b) 
Requirements.
The following is required in order for a tract of land to receive subdivision exemption status for agricultural use:
(1) 
Minimum tract size: A tract size of greater than five acres within the city limits and more than ten acres in the extraterritorial jurisdiction (gross).
(2) 
Minimum tract width: One hundred feet.
(3) 
Access: Each building site is provided access to existing public street.
(4) 
Minimum building site: One acre (net) in a zone B and/or zone C flood area as indicated on the current FEMA maps.
(5) 
Water supply: A letter of commitment from a potable water supplier agreeing to supply and the ability to serve all tracts; or evidence that adequate drinking water is immediately available to all tracts in accordance with state regulations.
(6) 
Sewage disposal: A letter of commitment from a sewage disposal utility agreeing to dispose and the ability to serve all tracts; or evidence that onsite sewage disposal facilities are capable of complying with state regulations.
(7) 
Rights-of-way: Separate instruments dedicating additional right-of-way along perimeter streets in accordance with adopted thoroughfare plans.
(c) 
Certificate of compliance.
The director of planning shall issue a certificate of compliance indicating the exemption status of a tract upon a determination that the tract satisfies the eligibility and exemption requirements of this chapter. Copies of the certificate of compliance shall be forwarded to the county planning department, potable water supplier, sewage disposal utility and electric utility company. The director of planning shall forward the warranty deeds of proposed divisions of land and accompanying separate instruments to the county clerk for recording.
(1966 Code, § 26½-20; Ordinance 2000-89, § 3, adopted 11/27/2000)
This ordinance from which this chapter derived shall be effective from and after October 15, 1973.
(1966 Code, § 26½-18)