San Benito City Zoning Code
SECTION 3
ADMINISTRATION AND ENFORCEMENT
§ 3.01 Administration and Enforcement.
A.
The Director of Planning or City Manager shall administer the provisions of this ordinance. If the Director of Planning shall find, or if any person files with him/her, a complaint in writing alleging that any of the provisions of this ordinance are being violated, he/she shall immediately investigate and when necessary give written notice, by certified mail, return receipt, to the person responsible to cease such violation within a reasonable period of time.
B.
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 3.02 Building Permit Process.
A.
All applications for building permits shall be accompanied by site plans drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the dimensions of the proposed building, if any, already existing on the lot, and the location and dimensions of the proposed building, structure or alteration. The application serves as a basis for review of site plan. It shall include such information as lawfully may be required by the Director of Planning, including existing proposed uses of the building and land, the number of housekeeping units, or rental units the building is designed to accommodate; condition existing on the lots and on abutting and adjacent properties; off-street parking where required and such other matters as may be necessary to determine conformance with, and provide for the enforcement of this ordinance.
B.
The Building Inspector shall be empowered to act within the provisions of this Ordinance upon all applications for building permits, and the same shall be approved or denied not later than the fifth business day for residential and not later than the 10th day for commercial succeeding the day of filing. In the event of refusal to issue a permit upon application, the applicant may file an appeal to the Zoning Board of Adjustments and Appeals (see Section 15).
C.
If construction has not begun within six (6) months of permit issuance, the permit may be revoked by the Director of the Planning and written notice to all persons affected.
D.
If the construction is not in compliance with conditions placed on said permit, the permit shall be revoked by the Director of Planning and Development, at any time prior to the completion of the building or structure for which the same was issued, when it shall appear that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation, or was issued by mistake, or that any of the provisions of the Zoning Ordinance are being violated. Upon the failure, refusal, or neglect of any owner, his/her agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee, the Building Inspector may issue a stop order; and thereafter no such construction shall proceed.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 3.03 Certificate of Zoning Compliance and Occupancy.
A.
It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, chained [changed], converted or wholly or partly altered or enlarged in its use or structure nor permanent utility connections to serve the premises be made until a Certificate of Occupancy has been issued by the Director of Planning or assigned subordinate stating that the proposed uses of the land conforms to the requirements of this ordinance, and the use of the building complies with the adopted International Residential Code.
B.
A Certificate of Occupancy and Compliance shall be applied for coincident with the application for a building permit and will be issued within ten (10) days after the completion of the erection, alteration or conversion of such building or land, provided such construction or change has been made in complete conformity to the provisions of this ordinance.
C.
A Certificate of Occupancy shall state that the building or proposed use of a building or land, has complied with all the building or health laws and ordinance[s] and with the provision[s] of these regulations. A record of all certificates shall be kept on file in the Office of the Building Inspector, and copies shall be furnished, on request to any person having a proprietary or tenancy interest in the land or building affected.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)
§ 3.04 Classification of New and Unlisted Uses.
A.
In the event new types of land uses develop and forms of land use not listed in the Land Use Chart (Exhibit A) intent [intend] to locate in the City of San Benito, a determination as to the appropriate classification or [of] any new or unlisted form of land use shall be made as follows:
(1)
The Director of Planning shall refer the question concerning any new or unlisted use to the City Planning and Zoning Commission requesting an interpretation as to the zoning classification into which use should be placed.
(2)
The City Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.
(3)
The City Planning and Zoning Commission shall transmit its findings and recommendations to the City Commission as to the classification proposed for a new or unlisted use. The City Commission shall by ordinance approve the recommendation of the City Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate.
(Ordinance 2252 adopted 7/1/14)
§ 3.05 Procedure for Amendments to Ordinance.
A.
The regulations, restrictions, and boundaries set forth in this Ordinance may from time to time be amended, supplemented, changed, modified, or repealed upon initiation by the Planning and Zoning Commission, the City Commission, or by petition of a property owner or owners of [or] their authorized agents; provided however, that no action may be taken until:
(1)
An application has been made on the forms prescribed by the Planning and Zoning Commission, [and] proof of ownership or control has been established and duly filed with the Director of Planning;
(2)
The City Planning and Zoning Commission shall hold a public hearing on any application for any amendment or change prior to making its recommendations and reports to the City Commission. Written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each property owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. Such notice shall be given not less than ten (10) days before the date set for the hearing which may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. Such public hearing shall be published in an official newspaper or a newspaper of general circulation in the municipality ten (10) days prior to the hearing stating the time and place of such hearing.
(3)
A public hearing before the City Commission on any proposed amendment, Supplement or change shall be published in an official newspaper or a newspaper of general circulation in the municipality fifteen (15) days prior to the hearing stating the time and place of such hearing.
(4)
A proposed amendment, supplements, or change to a regulation or boundary may be officially protested after action is taken by the Planning and Zoning Commission at the time it goes to the public hearing with the City Commission by filing with the City Secretary within fourteen (14) days a written and duly signed petition from the owners of twenty percent (20%) or more either of
a.
the area of the lots or land covered by the proposed change; or
b.
the area of the lots or land immediately adjoining the area covered by the proposed change and extending 200 feet from the area.
c.
in computing the percentage of land area, the area of streets and alleys shall be included. Such amendment shall not become effective except by a four-fifths (4/5ths) vote of the governing body.
(5)
The Planning and Zoning Commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the City Commission. The City Commission may not hold a public hearing and may not take action on the matter until it receives the final report of the Planning and Zoning Commission.
(6)
If a rezoning request for a particular tract of property is made to the City Commission after standard Planning and Zoning Commission procedure, and such request for whatever reason, fails to be enacted by the City Commission by passing an ordinance pursuant to this Zoning Ordinance, such rezoning request may be considered a second time by the City Commission after such request has been resubmitted to the Planning and Zoning Commission for its recommendation pursuant to the provisions of this Zoning Ordinance. If such rezoning request is not enacted by the City Commission upon said second submission, such request shall not be resubmitted to the Planning and Zoning Commission or the City Commission for an intervening six-month period following the date of the denial of such second submission to the City Commission.
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-5, sec. 2, adopted 7/1/14)