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San Benito City Zoning Code

SECTION 5

REGULATIONS ON LOT AREA, YARD, & FENCES

§ 5.01 Lot Area.

Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any use permitted in the district in which it is located unless it is in conformity with all the minimum regulations specified for lot area; lot width; front, side and rear yards; structure height; lot coverage and dwelling size.
A. 
The minimum lot area for the various districts will be in accordance with the following schedule, except that a lot having less area than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for one-family dwelling. No lot existing at the time of the passage of this ordinance shall be reduced in area below the minimum requirements set forth below.
District
Minimum Lot Size
A-O
5 acres
SF-1
6,250 square feet
SF-2
6,250 square feet
MF
6,250 square feet
MH
refer to Mobile Home Ordinance
OP
6,250 square feet
NS
6,250 square feet
C-1
6,250 square feet
C-2
6,250 square feet
LI
6,250 square feet
HI
6,250 square feet
PDD
varies
(Ordinance 2252 adopted 7/1/14)

§ 5.02 Lot Width.

A. 
Residential:
The minimum residential lot width for lots in the various districts used for residential purposes will be in accordance with the following schedule, except that a lot having less width than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used as a one-family dwelling. No lot existing at the time of passage of this ordinance will be reduced in width below the minimum set forth herein:
District
Minimum Lot Width
A-O
50 feet
SF-1
50 feet
SF-2
50 feet
MF
50 feet
MH
Refer to Mobile Home Ordinance
OP
50 feet
NS
50 feet
C-1
50 feet
C-2
50 feet
LI
50 feet
HI
50 feet
PDD
varies
C/P
50 feet
B. 
Nonresidential:
There shall be a minimum lot width of 50' in LI and HI district zones.
C. 
Nonresidential:
There shall be a minimum lot width of 50' in LI and HI district zones. [sic]
(Ordinance 2252 adopted 7/1/14)

§ 5.03 Lot Depth.

A. 
Residential:
The minimum residential lot depth for the various districts will be in accordance with the following schedule, except that a lot having less depth than herein required which was an official “lot of record” prior to the adoption of this ordinance may be used for a one-family dwelling and no lot existing at the time of the passage of this ordinance shall be reduced in depth below the minimum set forth herein.
District
Minimum Lot Depth
A-O
varies
SF-1
115 feet
SF-2
125 feet
MF
125 feet
MH
Refer to Mobile Home Ordinance
OP
125 feet
NS
125 feet
C-1
125 feet
C-2
125 feet
LI
125 feet
HI
125 feet
PDD
varies
C/P
125 feet
B. 
Nonresidential:
There shall be a minimum lot depth of 125' in LI or HI district zones.
(Ordinance 2252 adopted 7/1/14)

§ 5.04 Lot Coverage.

A. 
Required open space [shall] be landscaped consisting of sidewalks, pool area, tennis courts, green areas and similar uses. Parking spaces and open driveways shall not be considered as part of the open space requirement.
B. 
In SF-1, SF-2 and MH zones, no more than sixty percent (60%) of the total lot will be covered by the combined area of the principal building and all accessory buildings or any other impervious surface such as asphalt or concrete.
C. 
In MF zones, no more than 80% of the total lot area will be covered by the combined area of the principal building and all accessory buildings or any other impervious surfaces such as asphalt or concrete.
D. 
[1] In OP, NS, C-1, C-2, LI and HI zones no more than ninety percent (90%) of the total lot area will be covered by the combined area of the principal building and all accessory buildings or any other impervious surfaces such as asphalt or concrete.
[1]
Original has this as Subsection C.
(Ordinance 2252 adopted 7/1/14)

§ 5.05 Lot Drainage.

No roof or overhang shall be allowed to discharge water into a neighboring private property. Rain gutters, or landscaping shall be required to minimize the effects of erosion from direct drainage of water.
(Ordinance 2252 adopted 7/1/14)

§ 5.06 Building Yard Setbacks.

A. 
Any point of any exterior wall of any building structure situated on a lot in Districts SF-1, SF-2, and MF will lie not less than:
1. 
Twenty-five (25) feet from the [front] property line (referred to herein as the front yard),
2. 
Fifteen (15) feet from the rear property line; and
3. 
Five (5) feet from a property line which lies perpendicular to the property lines having the shortest length (referred to herein as the side yard). The distances required herein will be referred to as building setback requirements.
B. 
For existing lots with forty-nine (49') feet or less in width, the side setback shall be a minimum of four (4') feet, the front setback shall be twenty-five (25') [feet], and rear yard setback shall be fifteen (15') feet. For existing lots with less than one hundred (100') feet in depth, the front and rear yard setbacks shall be established by existing setbacks within the block.
C. 
[1] For existing lots with thirty-five (35') feet or less in width, the side yard setback shall shall [sic] be a minimum of three (3') feet, the front setback shall be twenty-five (25') [feet] and rear yard setback shall be fifteen (15') feet. For existing lots with less than one hundred (100') feet in depth, the front and rear yard setbacks shall be established by existing setbacks within the block. Where two (2) thirty-five (35) feet lots are combined for construction of one structure, the side yard setbacks shall be 5' from the property line, front yard shall be 25' from the property line, and rear yard shall be 15' feet from the property line.
[1]
Original has this as Subsection D.
D. 
Any point of any exterior wall of any building structure situated on a lot in Districts OP, NS, C-1 or C-2 will require not less than: 1) twenty-five (25) feet of front yard setback; 2) a five (5) feet rear yard setback; and 3) a five (5) feet side yard setback, with the following exception:
1. 
Construction or expansion of existing structures in the downtown area is not subject to these building setback requirements with the exception of side yard setback requirements.
E. 
Any point of any exterior wall of any building structure situated on a lot in Districts LI and HI, will require not less than: 1) twenty-five (25) feet of front yard setback; 2) a five (5) foot rear yard setback; and 3) a five (5) foot side yard setback.
F. 
For a corner lot located in any zoning district, the side yard setback on the side street shall be ten (10) feet on the street side and five (5) feet on the interior side. A ten (10') feet side setback shall be maintained on corner lots with a width of less than forty-night [forty-nine feet] (49').
(Ordinance 2252 adopted 7/1/14; Ordinance 2252-A adopted 3/7/2023)

§ 5.07 Projections into Required Yard or a Court.

A. 
Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses, cornices, chimneys, buttresses, ornamental features and eaves; provided, that:
1) 
none of the above projections shall extend into a court more than twelve (12) inches nor into a required yard more than thirty (36) [sic] inches, and provided further;
2) 
canopies or open porches having a roof area not exceeding sixty (60) square feet may project a maximum of six (6) feet into the required front or rear yard;
3) 
existing open porches extending into the required yard shall not be enclosed. B. A through lot shall be deemed to front upon the street which gives access to that lot.
B. 
A through lot shall be deemed to front upon the street which gives access to that lot.
C. 
Stairways, steps, porch coverings which are attached to any building may project no more than six (6) feet into the front yard.
D. 
[Reserved]
E. 
Patio awnings, patio covers, and patio roofs with no enclosing walls may project no more than five (5) feet into the rear yard setback line. Balconies, decks or marquees which are elevated more than eight (8) feet from ground level may project up to six (6) feet into the rear yard.
F. 
A table setting forth the building setback requirements for each district, is attached as Exhibit "B" and is incorporated herein by reference and made a material part of this ordinance.
(Ordinance 2252 adopted 7/1/14)

§ 5.08 Fences.

A. 
Residential:
Front yard fences extending past the forward-most portion of the house structure to the front and side lot property lines may be constructed and maintained under the following terms and conditions:
1) 
solid face fences, such as solid masonry face fence, shall be restricted to a height of not more than three (3) feet in height above the grade of the yard at least fifteen (15) feet back from such front property line and along any side property line of a street corner.
2) 
ornamental and decorative fence of not more than six (6) feet, such as ornamental iron allowing reasonable through vision and substantially free air flow shall have no height restrictions other than that applicable to permanent structures.
3) 
solid rear fences are restricted to a height of not more than six (6') feet for residential areas and are subject to the sight triangle (see Exhibit D).
4) 
a solid screening fence of not less than six (6') feet in height shall be constructed in the side and/or rear yards of a commercial zoning district dividing the district from any residential district.
(Ordinance 2252 adopted 7/1/14)

Ordinance 2252-T-05-2024_0

Ordinance 2252-A_1