San Benito City Zoning Code
SECTION 12
SPECIAL USE AND REGULATIONS AND RESTRICTIONS
§ 12.01 Home Occupations.
A.
The purpose of this section is to permit the conduct of home occupations located within residential districts which are compatible with the neighborhoods in which they are located and must meet the following: A home occupation is an occupation customarily carried on in the home by a member of the occupant's family, without the employment of additional persons, without the use of an on-premise sign to advertise the occupation, without offering any goods for sale on the premises and which does not create obnoxious noise or other obnoxious conditions to abutting residential property, such as odor, increased traffic congestion, light or smoke.
1)
Only the member of the immediate family occupying the dwelling shall be engaged in the home occupation and there shall be no employment of additional persons;
2)
The home occupation shall be conducted only within the enclosed area of the dwelling unit and without offering any goods for sale on the premises;
3)
There shall be no sign on the premises and the home must maintain the residential structure appearance.
4)
No use shall create smoke[,] glare, noise, dust, vibration, fire hazard, electrical interference or any other nuisance not normally associated with the average residential use within the district;
5)
The home occupation shall not create any significant increase in vehicular flow or parking and shall not create greater pedestrian traffic than normal for the district;
6)
No home occupation shall cause a significant increase in the use of any utilities, [or] generate trash or refuse beyond the average of the residences in the neighborhood;[.]
(Ordinance 2252 adopted 7/1/14)
§ 12.02 Construction Offices.
Buildings such as portable buildings, recreational vehicles or mobile homes to be used as field offices for construction purposes only may be permitted upon the issuance of a building permit and a building inspection. A time period of one (1) year shall be allowed or upon completion or abandonment of construction or expiration of permit, such field offices and buildings shall be removed at the direction of the Building Inspector.
(Ordinance 2252 adopted 7/1/14)
§ 12.03 Gasoline Stations.
A.
Gasoline stations, gasoline pumps, underground tanks, and other storage and dispensation facilities are prohibited within 500 feet of any building in which public or private school classes are conducted. Public or private school classes are prohibited within 500 feet of any gasoline stations, gasoline pumps, underground tanks, and other storage and dispensation facilities[.] This measurement shall be taken in a straight line measurement from the nearest property line of a property developed with a gasoline station to the nearest property line of any building in which public or private school classes are conducted.
The prohibition shall not apply to the installation of such facilities within 500 feet of buildings used exclusively and solely as offices for appointive or elective school officials in which no classes are conducted. No propane or butane gas tanks will be allowed to be installed if there is a natural gas line connection within 500'.
If propane or butane gas tank is removed, for whatever reason, a tank cannot be installed at same location if a natural gas line connection exists within 500 feet.
(Ordinance 2252 adopted 7/1/14)
§ 12.04 Bar/Lounges.
A.
A Conditional Use Permit cannot be obtained for location or operation of bars, lounges and bar and grills in the C-1 Zoning Districts. This type of business can only be located in C-2 Zoning Districts. The above-mentioned business must comply with the following:
1)
be subject to the same restrictions as set forth in the zoning districts for these types of uses;
2)
be subject to all applicable building, electrical, mechanical, plumbing, fire, and other similar codes of the municipality;
3)
maintain valid state licenses and permits required for selling and serving alcoholic beverages;
4)
provide parking in accordance with the City off-street parking regulations as a minimum, and make provisions to prevent use of adjacent streets for parking, especially those in adjacent residential areas, by providing additional on-site parking;
5)
restrict the number of persons within the building to those allowed by the P&Z Commission at the time of permit issuance, after having taken into account the recommendations of the Fire Marshal, Building Inspector and Planning Director. (This restricted number cannot exceed the number provided for in existing City regulations)
6)
the paved area is landscaped in compliance with the off-street parking and loading regulations and landscaping regulations;
7)
not create a nuisance;
8)
prevent and discourage criminal activity from occurring on the business premises, particularly: crimes against the person, such as assault, sexual assault, aggravated assault, and murder; crimes against property; destruction of property; public intoxication; sale or consumption of illicit and/or illegal drugs or controlled substances; and crimes of moral turpitude such as gambling, prostitution, exhibitionism, public lewdness, and pornography;
9)
be subject to annual renewal and subject to additional applicable conditions upon renewal;
10)
if the business is to be located within three hundred (300) feet from a residential zoned district, residence, church, school or publicly occupied property, it shall additionally be required to:
a)
provide a fence of wood, cement, concrete, or other durable opaque material sufficient to provide visual buffering of the building and business activity; and
b)
provide insulation of the building such that noise or sound from the business activity cannot be heard from the residential area or residence, or from the church, school, or publicly owned property during normal business hours; and
c)
be designed to prevent disruption of the character of adjacent residential areas.
11)
shall not be located within a three hundred (300) foot radius from another bar or lounge, as measured from property line to property line;
12)
all business activity shall be conducted within the confines of a building structure;
13)
any permitted sign on the premise shall not exceed the height of the average roof line of adjacent buildings in the neighborhood, in addition to the requirement of any other ordinance regulating signs;
14)
separate bathroom facilities shall be provided for female and male patrons and employees, and each bathroom facility shall comply with all building and plumbing codes of the city and shall have dimensions of not less than thirty (30) square feet and with no length or width of less than four (4) feet, and be constructed in a manner that ensures personal privacy.
15)
bathroom facilities shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed area, not including kitchen or food preparation areas.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 12.05 Sexual Oriented Businesses.
(See Ordinance No. 2384 [Article 4.09 of the Code of Ordinances])
(Ordinance 2252 adopted 7/1/14)
§ 12.06 Mobile Vendors and Mobile Food Vendors.
(See Ordinance 2385-A [Article 4.03 of the Code of Ordinances])
(Ordinance 2252 adopted 7/1/14)
§ 12.07 Garage Sales.
(See Ordinance No. 2037-B [Article 4.04 of the Code of Ordinances])
(Ordinance 2252 adopted 7/1/14)
§ 12.08 Planned Development District.
A.
Purpose
1)
Provide flexibility in planning for development of medium and large scale developments incorporating a single type of a variety of residential and related uses, which are planned and developed as a unit. Such developments may consist of individual lots or may have common building sites;
2)
Establish a procedure for the development of parcels of land under unified control in order to reduce or eliminate the inflexibility that would otherwise result from strict application of land use standards and procedures designed primarily for individual lots;
3)
Ensure orderly and thorough planning and review of procedures that result in quality urban design and the creation and improvements of common open space and pedestrian circulation in residential areas;
4)
Encourage mixed use and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and
5)
Provide for flexibility in the strict application of certain of the land use regulations, development regulations, and standards found in the base zoning.
6)
A PDD may be located in a district upon the granting of a permit in accordance with the provisions of this Section and after a rezoning request has been granted.
7)
A PDD may include any uses permitted such as "permitted uses" or "conditional uses" as specified in any zoning use district in this ordinance.
8)
The minimum site area for a PDD shall be five (5) acres.
B.
Permitted Uses:
The City Commission of the City of San Benito, Texas after a public hearing and proper notice to all parties affected and after recommendation from the Planning and Zoning Commission, may authorize the creation of Planned Development Districts of a designated size of five acres or more, permitting but not limited to, the following uses:
1)
Shopping centers
2)
Residential development, including mobile homes with restricted neighborhood and related commercial, within one overall Planned Development District subject to review and approval by the Planning and Zoning Commission and City Commission.
3)
Medical center and hospital
4)
Civic center and community center
5)
Office center
6)
Recreation center
7)
Industrial center
8)
A combination of any of the developments listed in (1) through (7)
C.
Permit Procedure:
The following shall be regulated by the procedure for applying for a PDD permit:
1)
Staff investigation and technical report,
2)
Action of the Director of Planning,
3)
Public hearing,
4)
Action by the Planning and Zoning Commission,
5)
Appeal to or review by the City Commission,
6)
Issuance or denial of a permit.
These shall regulate new applications and permits to run with the land, subject to the following prerequisites:
a)
The application shall be accompanied by the development plan of the entire PDD drawn at a scale of 1" = 100' and showing: provisions for drainage of surface waters[,] watercourse[s], railroads and public utility right-of-way, streets, driveways, pedestrian walks, off-street parking and off-street loading facilities, reservations for public uses, including parks, playgrounds, and other open spaces, private uses, including dwelling types, lot layout locations, land coverage and heights of structures, and landscaped area.
D.
In addition to the data and drawings prescribed, the application shall be accompanied by a tabulation of the area proposed to be devoted to each land use and a tabulation of the average population density per net acre and per gross acre in the area or areas proposed to be devoted to residential use.[1]
E.
The Planning and Zoning Commission may recommend approval of a permit for a Planned Development District if, on the basis of the application and the evidence submitted, the Planning and Zoning Commission makes the following findings:
1)
That the proposed location of the PDD is in accordance with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located;
2)
That the standards of population density, site area and dimensions, site coverage[,] yard spaces, heights of structures, distances between structures, usable open space, and off-street parking and off-street development will not generate more traffic than the street in the vicinity can carry without congestion and will not overload utilities; and
3)
That the combination of different dwelling types and/or the variety of land uses in the development will complement each other and will harmonize with existing and proposed land uses in the vicinity.
F.
If the City Commission reverses a decision of the Planning and Zoning Commission or modifies a decision of the Planning and Zoning Commission granting a permit for a PDD, the findings and conditions shall be set forth as in paragraph C [E] above.
G.
Preliminary Development Plan
1)
Before a Preliminary Development Plan is approved, the applicant shall produce sufficient proof of ownership or control of all said land and structures.
7)
[sic] Before or upon application for a PDD designation, the applicant shall have presented to the Planning and Zoning Commission and the Director of Planning and/or Consultant for their review, a Preliminary Development Plan of that portion of the area on which improvements are to be constructed in conformity with the Standards contained herein.
8)
[sic] The plan shall be accompanied by: (1) an application on a form prescribed for this purpose by the City and (2) payment of a fee as authorized by the City Commission. Upon the proper approval, registration and recording of the Development Plan, the applicant(s) for said Plan shall be entitled to apply for such permits and certificates.
3)
The Preliminary and the approved Final Development Plans shall be certified by the applicants and shall show the following existing and proposed items drawn to scale:[2]
a)
The title page of each application and set of plans shall be signed by the applicant's architect, landscape architect, engineer and/or land surveyor.
b)
The boundaries of the area covered by the Plan, all public and private right-of-ways and easements bounding and/or intersecting the district(s) which are proposed to be continued, created, relocated and/or abandoned.
c)
The proposed finished grade of the area, shown to contour intervals required in the City's Subdivision Regulations.
d)
A description of the proposed lot or lots and the boundaries thereof.
e)
The location of each existing and each proposed structure in the development, the use or uses to be contained therein, the number of stories, the gross floor area, and the location of entrances and loading points thereof.
f)
All curb cuts, driving lanes, parking area, loading areas, public transportation areas, and illumination facilities for the same.
g)
All pedestrians' walks, malls, and open areas for use by tenants or visitors.
h)
The location and height of each wall, fence and screen planting.
i)
The types of surfacing, such as paving, turfing, or gravel to be used at the various locations.
j)
The location, types, and size of proposed drainage facilities, and
k)
The location of fire hydrants.
[2]
Original has this as Subsection 3).
H.
Each Development Plan shall be submitted to the Director of Planning and shall be reviewed in accordance with the following schedule:
1.
The applicant shall file with the Director of Planning not less than ten (10) copies of the Development Plans as required.
2.
After a review by the Director of Planning and the Technical Review Committee, a recommendation shall be made to the Planning and Zoning Commission stating whether the said Preliminary Plan shall be approved, disapproved, or approved subject to compliance with modifications or conditions.
I.
The Preliminary Development Plan shall be divided into phases of proposed development so that in the event of failure to commence timely bona fide construction in any section of an approval Final Development Plan, there shall be:
J.
Preliminary and Final Development Plan combined.
After approval of the Preliminary Plan, the applicant may combine the Preliminary and Final Development Plans so as to make them one and the same. The applicant shall indicate on said plan all data required of the Preliminary and Final Development Plan procedures.
K.
Recording
1.
After completing its review of a Development Plan, the Planning and Zoning Commission shall submit such plans and all pertinent data, together with the written list of recommendations to the City Commission for their review and action. Any approved Development Plan shall be delivered to the Director of Planning where it shall be properly registered and recorded.
2.
Upon approval of the Preliminary Development Plan, the applicant shall record one copy of the approved Plan with the Director of Planning and Building Inspector. Before recording said Plan, said Plan shall be reviewed for compliance with any modifications or conditions of the approving agent, dated, and approved for recording by the Director of Planning and/or Consultant and the Building Inspector.
3.
The Director of Planning shall enter the date of receipt on each copy of the plan and shall within twenty-one (21) days thereof review the plan for compliance with the Preliminary Development Plan and paragraph 4-4-B [sic] above. If such plan is found to be complete, it shall be transmitted with the comments and recommendations to the Planning and Zoning Commission and City Commission for further review, comment and action.
4.
No final Development Plan herein shall be approved unless it is in full compliance with the approved Preliminary Development Plan. The action of the Planning and Zoning Commission and City Commission shall be completed and due notice thereof, including a written statement of the reasons for disapproval, or required modifications thereto, given to the applicant within ten (10) working days of each such decision by the Planning and Zoning Commission and City Commission.
L.
Development Standards
1.
Adequate design of grades, paving, gutters, drainage, and treatment of turf to handle stormwaters and prevent erosion and formation of dust;
2.
Adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces, and facilities for waste disposal and illumination;
3.
Adequate and proper locations of pedestrian walks, malls, and public transportation loading places from general vehicular circulation facilities;
4.
Arrangement of building and vehicular circulation open spaces so that pedestrians moving between buildings are not exposed to vehicle traffic;
5.
Proper arrangement of signs and lighting devices with respect to traffic-control devices and adjacent residential districts;
6.
Fences, walls, or year-round screen planting where necessary to shield adjacent residential districts from parking illumination, headlights, fumes, heat, blowing papers and dust, and to increase the visual privacy and residential neighborhood character.
M.
Effects of Recording:
All final Development Plans registered and recorded herein shall be binding upon the applicant therefor, their successors and assignees, shall limit and control the issuance and validity of all permits, and shall restrict and limit the construction, locations, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans.
N.
Amendment:
All applicants for Development Plans which are disapproved may file an amendment to such plan or an amended Plan, provided such amendment or amended Plan shall be limited exclusively to changes made necessary to accomplish compliance and in response to reasons for disapproval stated by reviewing agent. Such amendment or amended Plan shall be reviewed in accordance with the same time limit and procedures as provided herein for original submission.
O.
Coordination with Subdivision Control Ordinance
1.
Is the intent of this ordinance that subdivision review under the subdivision regulations and control ordinance be carried out simultaneously with the review of a planned development under this section of the Zoning ordinance.
2.
The plans required under this section of this ordinance must be submitted in a form which shall satisfy the requirements of the subdivision control ordinance for the preliminary and final plans required under those regulations.
3.
Both this section and the subdivision control ordinance contain regulations which apply to such matters in the design of a planned development as streets, utilities, and open spaces. In any planned development for which the provisions of the two ordinances are in conflict, the advice and written recommendations from the Director of Planning and Community Development shall determine which standard shall prevail.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)