San Benito City Zoning Code
SECTION 1
ZONING DISTRICTS ESTABLISHED
§ 1.01 Short Title.
These regulations will be known and may be cited as the Zoning Ordinance of the City of San Benito, Texas.
(Ordinance 2252 adopted 7/1/14)
§ 1.02 Rules for Interpretation of District Boundaries.
A.
District boundaries as shown on the Zoning District map usually are along streets, highways, alleys, or property lines. Should there be a question as to the boundaries of the district, the following shall apply.
1.
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
2.
Boundaries indicated as approximately following platted lot lines shall be construed [as] following such lot lines;
3.
Boundaries indicated as approximately following city limits shall be construed as following such city limits;
4.
Boundaries indicated as following railroad lines shall be construed to be the Centerline of the main tracks;
5.
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
6.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
7.
Where physical or cultural features existing on the ground are at variance with those shown the Official Zoning Map, the Commission shall interpret the district boundaries.
8.
When streets or alleys on the ground differ from the streets or alleys as shown on the Zoning District Map, the Director of Planning may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this Ordinance.
9.
Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such street or alley.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 1.03 Division of the City into Districts Defined.
For the purpose of regulating land use, all land within the corporate limits of the City of San Benito is divided into the following twelve (12) [sic] zoning districts as established:
A-O | Agriculture and Open Space |
SF-1 | Single-Family One |
SF-2 | Duplex, Residential |
MF | Multi-family, Residential |
MH | Mobile Home |
OP | Office, Professional and Administrative |
NS | Neighborhood Services |
C-1 | Commercial, Restricted Business |
C-2 | Commercial, General Retail Business |
LI | Light Industry |
HI | Heavy Industry |
PDD | Planned Development District |
BAR | Bar/Lounge/Nightclub District / C-2 |
C/P | Commercial/Parkland |
A-O Agriculture and Open Space: This district is primarily reserved for undeveloped areas which are not zoned and unsubdivided with a minimum area of five (5) acres.
SF-1 Single-Family - One: This district is reserved primarily for single-family residential structures but with specific uses as indicated in the Land Use Chart.
SF-2 Duplex, Residential: This district is reserved for two (2) family (duplex) dwellings constructed on lots with a minimum of 6,250 square feet, but with specific uses as indicated in the Land Use Chart. Each dwelling unit must consist of no less than six hundred fifty (650) square feet of gross living area. (Previously this zoning district was reserved primarily for a single-family residential structure of no less than six hundred fifty (650) square feet of gross living area.)
MF Multi-Family, Residential: This district is reserved for multi-unit apartment buildings which are designed to be occupied by three (3) or more dwelling units or apartments or which are occupied as a home or place of residence by three or more families living in independent dwelling units, but with specific uses as indicated in the Land Use Chart. Each dwelling unit must consist of no less than six hundred fifty (650) square feet of gross living area.
MH Mobile Home: This district is reserved exclusively for mobile homes as single-family dwellings, and with specific additional uses as indicated in the Land Use Chart.
OP Office, Professional and Administrative: This district is reserved for professional and administrative offices, and specific additional uses as indicated in the Land Use Chart. (Previously this zoning district was known as a C-1 Commercial, Office, Professional and Selected Service Businesses.)
NS Neighborhood Services: This district is designed to serve the domestic needs of the immediate neighborhoods, and with specific additional uses as indicated in the Land Use Chart. (Previously this zoning district was known as C2 Commercial, Neighborhood Services.)
C-1 Commercial, Restricted Business: This district is reserved for financial, administrative, and business services compatible with this area's function as the focal point of community activity and intensive development, and with specific additional uses as indicated in the Land Use Chart. (Previously this zoning district was known as C-3 Commercial, Central Business District.)
C-2 Commercial, General Retail Business: This district is reserved for retail businesses and with specific additional uses as indicted in the Land Use Chart. (Previously this zoning district was known as C-4 Commercial, General Highway Business.)
LI Light Industry: This district is reserved for the light manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products which do not emit detectable dust, odor, smoke, gas, or fumes beyond the district boundary, and do [not] generate noise or vibration to the adjacent properties.
HI Heavy Industry: This district is reserved for basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing process that potentially involve hazardous or commonly recognized offensive conditions not compatible with the light industry zoning district.
PDD Planned Development District: This district is reserved for land under unified control to be planned and developed as a whole in a single development operation or definitely programmed series of development operations or phases which may include two or more classes of uses.
C/P Commercial/Parkland: That a conditional use permit must be obtained before any development can occur in this district. Any existing structure located presently in this district if removed, demolished, destroyed by fire, or any type of disaster will not be allowed to be rebuilt unless they comply with this ordinance.
(Ordinance 2252 adopted 7/1/14)
§ 1.04 Official Zoning Map.
A.
The City is divided into the district zones referenced above, and as shown on the Official Zoning Map, which, together with all explanatory information, [is] adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Secretary and bearing the seal of the City under the following words: “This is to identify that this is the Official Zoning Map referred to in Section 1 Ordinance 2252 of the City of San Benito, Texas,” adopted on June 4, 2002. In accordance with the provisions of this ordinance, any boundary changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Commission.
B.
No boundary changes of any nature shall be made on the Official Zoning Map except in conformity with the procedures set forth in this ordinance. Any unauthorized boundary change of any kind by any person or persons shall be considered a violation of this ordinance and punishable as provided for in Section 17 of this ordinance.
C.
Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map, which shall be located in the Office of the City Manager or Director of Planning, shall be the final authority as to the current zoning status of land areas, buildings, and other structures in the City.
D.
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature and/or number of changes and additions, the City Commission may, by resolution, adopt a new Official Zoning Map, which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment.
E.
Unless the prior Official Zoning Map has been lost or totally destroyed, the prior map or any significant parts remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 1.05 Application of District Regulations.
A.
The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as provided herein.
B.
No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified for the district in which it is located.
C.
No part of a yard, or other open space, or off-street parking or loading space required in connection with any building or use for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building [or] use. Each designated use must provide its own parking, loading, and space requirements.
D.
Every building hereafter erected or altered shall be located on a lot and in no case shall there be more than one (1) main building on a residential lot. There shall be no more than one (1) residential structure per lot.
E.
For areas zoned commercial more than one main building may be permitted for commercial use only, provided that all applicable zoning requirements (off-street parking requirements, etc.) are met by the property owner. A detached residential structure may not be located within the commercial lot.
(Ordinance 2252 adopted 7/1/14)
§ 1.06 Zoning on Newly Annexed Territory.
A.
Any territory hereafter annexed to the City shall be temporary classified as “A-O Agriculture Open Space” until permanent zoning is established consistent with its current use or as otherwise determined by the Planning and Zoning Commission and City Commission at the time of annexation.
B.
No person shall erect, construct or proceed or continue with the erection, or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City of San Benito without first applying for and obtaining a building permit or certificate of occupancy therefor from the Building Inspector.
C.
No permit for the construction of a building or use of land shall be issued by the Building Inspector other than a permit which will allow the construction of a building permitted as a use by right or with a conditional use permit in the “A-O” District unless or until such territory has been classified in a zoning district other than “A-O.”
(Ordinance 2252 adopted 7/1/14)