Lying adjacent or contiguous along a common border.

A detached subordinate building located on the same lot as the main building, which the use is clearly incidental to and customarily found in connection with the main building, [including] but not limited to a private garage for automobile storage, greenhouse as a hobby, home workshop, children's playhouse, garden shelter, but not involving the conduct of a business.

A use subordinate to and incidental to the primary use of the main building or to the primary use of the premise.

A business that organizes[,] maintains, and audits the financial records of public or private accounts.

Shall mean “next to” or “closest to” but shall not necessarily mean “touching.”

The planting, cultivating and harvesting of plant crops; and the raising of livestock animals.

A public space or thoroughfare, which affords only a secondary means of access to abutting property.

Any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building, or change or modification in construction or occupancy.

A service undertaken by a public or private entity dedicated for the transportation of human beings in need of unforeseen medical attention.

An establishment offering the sale, within a building, of articles such as glass, china, furniture, or similar furnishing and decorations which have value and significance as a result of age, design, or sentiment.

A room or a suite of rooms in a multi-family dwelling or apartment house arranged, designed or occupied as a place of residence for a single family, individual or group of individuals that includes permanent, integrated plumbing and cooking facilities.

Any building which is designed, built, rented, leased, or allowed to be occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

The area of the lot shall be the net area of the lot including easements, and shall not include portions of streets and alleys.

Residences for the elderly that provide rooms, meals, personal care, and/or supervision of self-administered medication. The use is similar to a nursing home, but more like apartment living than hospitalization.

An establishment engaged in the display or sale of automobiles, general automobile repair, wrecker service, or any other similar use.

An establishment engaged in collision service (body shop), and the painting, customizing [and] dismantling of cars on the premises.

A roof-like cover that projects from a wall of a building.

A place for preparing, baking and selling baked goods and products prepared on the premises.

A restaurant that has a valid TABC permit to sell alcoholic beverages for on-premises consumption with not less than 60% of its annual gross income being derived from the sale of on-premises prepared food or products for on-premises consumption.

A retail enterprise that has a valid permit for the sale of alcoholic beverages for on-premises consumption only and derives more than 40% of its annual gross sales from the sale of alcoholic beverages for on-premises consumption. The terms bar, lounge and nightclub are interchangeable and whether used singularly or in combination shall mean the same activity defined herein.

A building story which is partly underground but having a least one-half of its height above the average level of the adjoining ground. A basement shall not be counted as a story in computing building height.

An establishment that is operated from an individual's residence that offers overnight accommodations and a morning meal to visitors for compensation.

An outdoor advertising structure which advertises a use, product, or service not necessarily found on the premises.

A continuous tract of land surrounded by a public right-of-way, excluding alleys; if used as a term of measurement, it shall mean the distance along side of a street between the nearest two streets which intersect said street. In cases where the platting is incomplete or disconnected, the Director of Planning shall determine the block boundaries.

The Zoning Board of Adjustments and Appeals (ZBA).

A building other than a hotel or apartment, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or for transients.

The area remaining on a parcel after all setbacks have been calculated and taken into consideration.

Any structure used for the support, shelter and enclosure of persons, animals, or property of any kind.

The vertical distance measured from the top of the curb level to the highest point of the real surface, if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof, provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

The official charged with responsibility for issuing permits and enforcing the zoning ordinance and building code.

A line parallel or approximately parallel to the street line at a specified distance, marking the minimum distance from the street line that a building may be erected.

The unpackaged, unbundled, unbound or loose storage, in mass quantities, of materials.

The business of transporting passengers or goods.

An establishment that engages in manufacturing customized or specially designed cabinets of any nature.

A roof-like structure of a permanent nature which projects from the wall of a building or structure and overhangs a private or public way.

A building or portion thereof containing facilities for washing vehicles using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. It may also be a self-service facility containing machinery used for cleaning vehicles.

An open building or portion of a building constructed primarily for the purpose of vehicle storage.

A building story wholly or partly (at least 50%) measured from floor to ceiling, below the average level of the ground surrounding the buildings. A cellar shall not be counted as a story when measuring the height of a building (same as basement).

Land used or intended for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, Mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

An official certificate issued by the building inspector which indicates conformance with, or approved conditional waiver from zoning regulations and which authorizes legal use of the premise for which it is issued.

A place of assembly and worship by a recognized religion including but not limited to synagogues, temples, churches, instruction rooms and the places of residence for ministers, priests, rabbis, teachers and directors on the premises.

The City of San Benito, Texas.

The governing body of the City of San Benito, Texas, comprised of elected officials.

A retail service providing dry cleaning of clothes.

An industrial use in which products are cleaned and/or dyed through chemical processes. No direct exterior exhaust from a cleaning plant is permitted and dust and/or fumes must be controlled by either bag or filter and separator or precipitator so as to eliminate the exhausting of dust, odor, fumes or noise outside the plant.

An institution, public or private, rendering medical aid by medical professionals to outpatients who do not remain overnight.

A commercial establishment where frozen edible food products are stored before distribution.

An institution established for educational purposes and offering a curriculum similar to the public schools or an accredited college or university, but excluding trade and commercial schools.

Any enterprise whose main purpose is to provide the general public with a variety of amusing or entertaining activities, where tickets are sold or fees collected at the gates of the various rides, contest, games, exhibits, or other similar activities within the confines of the area or structure by such activities. Commercial amusements include but [are] not limited to zoos, exhibitions, exposition, athletic contests, rodeos, tent shows, ferris wheels, children's rides, roller coaster, ice rinks, traveling shows, and similar enterprises.

Refers to Zoning Districts C-1 and C-2

A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district only by approval of the Zoning Board of Adjustments and Appeals, and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located. Conditional Use Permits may only be issued to the owner of the property after all proper procedures, standards and requirements have been met and is not transferable.

A living unit, with ownership in common with others of a parcel of land and certain parts of a building which would normally be used by all the occupants, such as yard, foundations, basements, floors, walls, hallways, stairways, elevators, and all other related common elements, together with individual ownership in a particular unit in such building. In this context, it is confined to ownership of a residential unit such as an apartment.

A structure used to care for persons recovering from an illness or suffering from infirmities of age where the organization is compensated for the care.

An establishment that, by design of physical facilities or by service or package procedures, encourages or permits customers to receive a drive-thru service.

A lot abutting upon two or more streets at their intersection.

An open, unoccupied space, bound on more than two sides by the walls of a building. An inner court is a court entirely surrounded by the exterior walls of a building.

The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Director of Planning shall establish such curb level for the purposes of this ordinance.

Establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel services including, but not limited to, a tailor shop, shoe repair, health studio or travel consultant.

An establishment where seven (7) persons (children/adults/elderly) or more are left for care or training during the day or portion thereof, in commercial districts only. Seven (7) or fewer children or adults may be left for care or training during the day or a portion thereof in single-family residential, multi-family residential, and mobile home residential districts only if:

The average horizontal distance between the front and rear lot lines.

A building wholly separated and independent of the principal building on a lot[.]

The city employee hired directly by the City Manager to administer all planning, zoning functions of the city.

A section of the City of San Benito, for which the regulations governing the areas, heights of [and] uses of building or lots are uniform.

An accessory building or portion of the main building on the same lot as the main building used as living quarters for individuals employed on the premises and not rented or otherwise used as a separate dwelling. The domestic quarters shall not have a separate kitchen or separate utility meter.

A building on a single lot containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof.

Same as Duplex

Any building or portion thereof, which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or residence of three (3) or more families.

A detached building having accommodations for and occupied by not more than one family or by one family and not more than four (4) boarders or lodgers.

A right given by the owner of a parcel of land to another person, public agency or corporation for a specific and limited use of the parcel.

One (1) or more persons occupying a premise and living as a single housekeeping unit with single kitchen or culinary facilities, as distinguished from a group occupying a boarding house, lodging house, hotel, club, fraternity or sorority house.

The total square feet of floor space within the outside dimensions of a building including each floor level, but excluding cellars, basements, carports, garages, or porches.

An indicated ratio between the number of square feet of total floor area in the main building(s) on a lot and the total square footage of land in the lot; it is the number resulting from dividing the main building floor area by the lot area.

Four attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining units or units.

The unenclosed sale of used goods (used furniture and/or appliances may not be stored, repaired, displayed nor sold outside of a building in a commercial district).

A garage which has one or more walls in common with the principal building on a lot; or which is attached to the principal building by a enclosed porch or passageway, the roof of which is a part of the roof of the principal building; and such a garage is considered a part of the principal building, but never to be used for living purposes.

A garage which does not have one or more walls in common with the principal building on a lot, which is not attached to the principal building by an enclosed porch or passageway, and which does not have a roof that is part of the roof of the principal building, but never to be used for living purposes.

A single-family dwelling unit in which one (1) wall may be erected to one (1) common property line, this wall(s) can have no penetration of any kind including but not limited to openings for windows, doors, ventilators, clothes, dryer vents, water heaters, pressure discharge pipes, electrical circuits and apparatus, and shall be constructed and maintained to one (1) hour fire resistance rating from ground line to roof deck. The wall(s) or projections including roof overhangs shall not cross a property line.

Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency (EPA) or appropriate agency of the State of Texas to be “hazardous” as that term is defined by or pursuant to Federal or State Law.

The vertical distance of a building measured from the average established grade at the street line or from the average natural front yard ground level, whichever is higher, to (1) the highest point of the roof's surface, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs and in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers, ornamental cupolas, domes or spires, and parapet walls not exceeding ten (10) feet in height. If the street grade has not been officially established, the average front yard grade shall be used for a base level.

An accessory use carried on by the occupant of the premises in a shop, studio or other workroom, purely for personal enjoyment, amusement or recreation; provided that the articles produced or constructed in said shop, studio, or workroom are not sold on the premises, and provided such use will not be obnoxious or offensive by reason of vibration, noise, odor, dust, smoke, fumes, or unsightly appearance.

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 a sign to advertise the occupation, without offering any goods for sale on the premises and which causes no obnoxious noise, traffic or odor in the immediate area. The property owner operating a home occupation shall at all times maintain the appearance of a home. See Section 12.

Processes which do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and which do not generate noise or vibration at the boundary of the LI District which is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Manufacturing or industrial operations of any type which meet the general conditions set forth above and which are not offensive by the reason of the emission of noise, odor, smoke, gas, fumes, dust, glare or the creation of hazard, but specifically excluding the following:

Any manufacturing or industrial use not prohibited by law except those uses listed above, which shall not be permitted without a conditional use permit as set forth in Section 14.

Same as day care center.

To improve aesthetically with the use of material such as trees, shrubs, grass, boulders and decorations. Low water use and drought tolerant plants, trees and grass are encouraged.

The City Commission of the City of San Benito.

A space within the main building or on the same lot as the main building, providing for the off-street standing, loading or unloading of trucks or trailers.

Land occupied or to be occupied by a building and its accessory buildings, and including such open spaces as required under this ordinance, and having its principal frontage upon a public street.

The percentage of the total area of a lot occupied by the floor print (first story of [or] floor) of building located on the lot and including any impervious surfaces such as asphalt or concrete.

The mean distance between the front and rear lot lines.

The lines bounding a lot.

A lot which is part of a subdivision, the plat of which has been recorded in the office of the county clerk of Cameron County or a parcel of land, the deed for which is recorded in the office of the County Clerk of Cameron County prior to the adoption of this ordinance.

The average distance between side property lines.

The building or buildings on a lot, which are occupied by the primary use.

A roof-like structure of a permanent nature, which projects from the wall of a building or overhangs a public way.

A vendor whose main purpose is to set up temporarily to sell food on an occupied property whose owner has agreed in writing to allow access to bathroom facilities and parking as required by the business generated by the mobile vendor. A food vendor shall be considered “mobile” if the structure used to sell food from is capable or being removed from the site on a daily basis. Mobile food vendor structures must be self-contained.

A transportable, factory-built home, designed to be used as a year-round residential dwelling. (Refer to manufactured home ordinance)

A unified development of twenty-five (25) or more mobile homes spaces under private ownership.

A vendor whose wares are set up temporarily on an occupied property whose owner has agreed in writing to allow access to bathroom facilities and parking as required by the business generated by the mobile vendor. A vendor shall be considered “mobile” if the structure used to vend goods from is capable of being removed from the site on a daily basis.

Use of property that was lawful prior to the adoption or amendment of a zoning ordinance and is permitted to continue even though it fails to conform to the requirements of the ordinance.

Obnoxious and/or annoying to nearby residents.

The use or intended use of the land or buildings by proprietors or tenants.

A room, studio, suite or building in which a person transacts business or carries on an occupation. For the purposes of this ordinance, an office shall not involve manufacturing, fabrication, production, processing, cleaning, testing, repair, or storage of aerials, goods or products, which are physically located on the premises.

Off the public right-of-way and on privately owned property.

An additional level of zoning requirements that is superimposed over the existing zoning in the area.

An area of sufficient size to store an automobile no less than nine (9) feet wide and twenty (20) feet long (180 square feet). The parking spaces and connecting driveways for all businesses and residential uses shall be of asphalt or concrete surface.

A Patio or Garden Home is a single-family dwelling unit in which one wall may be erected to one (1) common property line, this wall(s) can have no penetration of any kind including but not limited to opening for windows, doors, ventilators, clothes dryer vents, water heater, pressure discharge pipes, electrical circuits and apparatus, and shall be constructed and maintained to one (1) hour fire resistance rating from ground line to roof deck. The wall(s) or projections including roof overhangs shall not cross a property line. The other walls of a garden or patio home shall contain no greater percentage of openings than allowed by the currently adopted building code of the City of San Benito. The wall(s) or fences shall not encroach into any restricted area(s). Front yard setbacks for garden homes or patio homes shall be not less than ten (10) feet. There shall be no rear yard requirements applicable to patio or garden homes. Each patio or garden home shall provide no fewer than two (2) paved off-street parking spaces.

An administratively issued license to build or otherwise alter any type of structure within the San Benito City Limits.

A use specifically allowed in a zoning district without obtaining a use permit.

The board appointed by the City Commission to review issues related to zoning and land use.

A one-story, roofed, open structure usually attached to a dwelling.

A structure that was built off-site and moved to a parcel of land for use as storage or office space that lacks a concrete slab or a perimeter beam with footing. Portable buildings in C-1, C-2, LI, and HI must be skirted, anchored, and have the outward appearance of a permanent structure and may not be used as a dwelling unit.

A lot, together with all buildings and structures thereon.

An accessory building housing vehicles owned and used by occupants of the main building; if occupied by vehicles of others, it is a storage space.

A vehicular development under one (1) ownership designed primarily for transient service, on which recreational vehicles, pickup coaches, self-propelled motorized vehicles, tent trailers, or travel trailers are parked or situated and used for the purpose of supplying to the public a parking space for such vehicles, meeting all of the requirements of this ordinance.

Same as dwelling.

Any lot or tract zoned with the designation of SF-1, SF-2, MF, or MH primarily intended for residential living in single-family homes, duplexes, or patio homes or mobile homes.

A building or a portion of a building, where the primary business is the on-premises sale of prepared food, with adequate kitchen facilities for the preparation of the food to be cooked. If a restaurant has a permit to sell alcoholic beverages for on-premise consumption as a secondary source of income, it may not be considered a bar/lounge unless the sale of alcohol comprises more than 40% of sales.

Service offering all types of goods for sale from within the store and only new merchandise shall be permitted in an outside display for three (3) consecutive days, three times a year.

An amendment to the zoning map; a change in the permitted uses of a parcel of land.

A building or a portion of a building which is arranged, occupied, or intended to be occupied as living or sleeping quarters but not including toilet or cooking facilities.

A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires or bottles. It does not include those uses conducted entirely within the confines of an enclosed building.

A collateral use of land or buildings usually performed in conjunction with a primary use, but not constituting a majority of the combined uses.

The minimum horizontal distance between the wall of a building and the property line.

A massage establishment, nude studio, nude or partially nude dancing establishment, nude modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video, adult motel, or any other commercial enterprise of which the primary business is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

An area designated and equipped with targets for practice with firearms.

An open, unoccupied space on the same lot with a building between the side wall and the property line.

Any device or surface on which letter[s], illustrations, designs, figures, or symbols are painted, printed, stamped, raised, projected or in any manner outlined, attached or displayed and used for advertising purposes.

A detailed map by a registered, professional engineer clearly including the following: a) a drawing showing scale used, north arrow, the date and title of the project; b) property lines, location and widths of all streets, alleys, and other means of access; c) dimensions of all structures, proposed structures, slabs and proposed slabs, and parking plan; and d) description of proposed uses of property.

A special zoning designation in a part or all of a zoning district which either permits certain uses which are otherwise prohibited in the Base Zone, or prohibits certain uses which are otherwise permitted in the Base Zone.

A building primarily for the use or storage of goods and/or provisions not including hazardous chemical or dangerous materials such as, dynamite, etc. Refer to section 6 for restrictions on placement and allowable size of storage buildings.

Any change in the supporting member of a building such as a bearing wall, column, and beams of [or] girders.

A committee designated by the City of San Benito to provide technical review of Development Plans prior to submission to the Planning and Zoning Commission. Committee members include the City Engineer, the Director of Operations, the Director of Planning, a representative from the Irrigation District, and utility providers for the City of San Benito.

Portable building or temporary building used as field office for a real estate development or construction project and subject to removal at directions of Building Inspector.

An earth-based antenna station used for reception and/or transmission of satellite, radio, television, microwave or any other signal for purposes of communication that shall not exceed 125 feet in height, and shall be self-supporting. Guyed towers are prohibited.

A service to tow motor vehicles which cannot be moved under their own power, such business shall include vehicle storage lot to store motor vehicles involved in accidents which cannot otherwise move under their own power. In no event shall any single stored vehicle remain on such storage lot for a period in excess of ninety (90) days. No wrecking, salvage dismantling or sales of used auto parts shall be conducted from towing or wrecker service premises, or from the premises on which such vehicles are stored. Additionally, should any such vehicles remain on such lot for a period in excess of ninety (90) days, such lot shall be deemed to be a “wrecking and salvage yard” under the provisions of this zoning ordinance.

A single-family dwelling unit in which the building and/or wall(s) may be erected to or on property line on front, rear and side, in which the building has no open space except a patio inside the walls and which is erected for the specific purpose of providing a location for inside living. Townhouses are to be built in a series or group of attached units with property lines separating such units. The common wall will be constructed as set out in the current standard building code regarding separation between townhouses.

A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.

Suspension of the literal application of the provisions of this ordinance, other than use regulations, as applied to a specific piece of property, as distinct from rezoning, and approved by the Zoning Board of Adjustments and Appeals.

A quasi-judicial body that hears appeals from decisions of city staff. The Zoning Board of Adjustments and Appeals considers requests for variances and conditional use permits.

A law set forth by a governmental authority (a municipal regulation) to partition into sections land which is reserved for different purposes.