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San Benito City Zoning Code

SECTION 6

SUPPLEMENTARY DISTRICT REGULATIONS

§ 6.01 Detached Accessory Buildings.

More than one Accessory Building may be allowed on a lot provided the impervious lot coverage does not exceed the requirements of the district, and the buildings shall always be located in the area defined as the rear yard. Permitted Accessory Buildings located with a main building for one-family, two-family and multiple-family use may be located upon a lot or unplatted tract, but the Accessory Building may never be used as a main building for residential use.
A. 
In a residential district, an Accessory Building is a subordinate building detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. Separate bath and kitchen facilities will be allowed in cabanas, shelters, and other private poolside structures, provided, however, that such structures will never be used as a residence.
B. 
Any structure, item or appurtenance (for example swimming pools) in a nonresidential district, the use of which is incidental to the main structure, shall be required to comply with the same restrictions as those for an Accessory Building in a residential district. The exemptions to this requirement will be mailboxes, yard decorations, flagpoles, and fountains.
1) 
In nonresidential districts, an Accessory Building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
C. 
The side yard requirements for Accessory Buildings shall be five (5) feet and no less than five (5) feet rear setback, ten (10) feet if no rear alley exists.
(Ordinance 2252 adopted 7/1/14)

§ 6.02 Portable Building Placement.

A. 
In a residential district, a Portable Building is a subordinate building, detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. No more than one Portable Building shall be allowed on a lot regardless of zone or size.
B. 
In a residential district, the side yard requirements for Portable Buildings shall be a minimum of five feet if the use is accessory and shall always be located in the area defined as the rear yard with a five-foot setback in the rear.
C. 
In other districts, a Portable Building may be used as a subordinate building, the use of which is incidental to and used only in conjunction with the main building with a minimum of five feet if the use is accessory and always be located in the area defined as the rear yard with a five-foot setback.
D. 
Where a lot is used for multi-family, retail, commercial, industrial purposes or a combination of the same, more than one (1) portable building may be located upon the lot, however, a conditional use permit is required for each such Portable Building and for allowance of more than one on a single lot. Such buildings shall conform to all open space, parking and other requirements applicable to the uses and district when all such main buildings face upon a public street or other approved means of access, other than an alley. No parking area, storage area or required open space for one building will be computed as being the open space, yard or area requirements for any other dwelling or other use. A site plan shall be required and submitted to the Zoning Board of Adjustments to assure compliance with this ordinance. Any deviation from the site plan as approved by the Zoning Board of Adjustments is prohibited and shall void such Conditional Use Permit.
E. 
A Portable Building may never be used as a main building for residential use.
(Ordinance 2252 adopted 7/1/14)

§ 6.03 Storage Buildings.

In a residence or an apartment district, a Storage Building is a subordinate building, attached to or detached from the main building, without separate bath or kitchen facilities, not used for commercial purposes and not rented or leased. In other districts, a Storage Building is a subordinate building, the use of which is incidental to and used only in conjunction with the main building.
A. 
A storage building may be located upon a lot or unplatted tract, however a Storage Building may never be used as a main building for residential use. A Storage Building is primarily used for the storage of goods.
B. 
No more than one Storage Building shall be allowed on a lot regardless of zone or size.
C. 
In a residential district, the side yard requirements for a Storage Building shall be a minimum of five feet if the use is accessory and always be located in the area defined as the rear yard with a five-foot setback in the rear.
D. 
In other districts, a Storage Building may be used as a subordinate building, the use of which is incidental to and used only in conjunction with the main building with a minimum of five feet side yard setback if the use is accessory and always be located in the area defined as the rear yard with a five (5') feet side setback.
(Ordinance 2252 adopted 7/1/14)

§ 6.04 Structures to Have Access.

Every building hereafter erected, placed, or moved shall be on a lot with direct access to a public street, or with access to a municipally approved private street. All structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required on-site parking.
(Ordinance 2252 adopted 7/1/14)

§ 6.05 Supplemental District Requirements - Industrial Zoning District.

All facilities that are involved in manufacturing, salvaging, fabricating, processing, or assembly of products shall be subject to the following performance standards:
A. 
Smoke.
No operation shall be conducted unless it conforms to standards established by any applicable state and federal health rules and regulations pertaining to smoke emission;
B. 
Particular Matter.
No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to emission of particular matters;
C. 
Dust, Odor, Gas, Fume[s], Glare, or vibrations.
No emission of these matters shall result in a concentration, at or beyond the property line, which is detrimental to the public health, safety, or general welfare or which causes injury or damage to property; said emissions shall in all cases conform to the standards established by applicable state and federal health rules and regulations pertaining to said emissions.
D. 
Noise.
No operation shall be conducted in a manner so that any noise produced is objectionable due to intermittence, beat frequency or shrillness. Said operation shall in all cases conform to the standards established by applicable state and federal health rules and regulations and to other city ordinances pertaining to noise.
E. 
Radiation Hazards and Electrical Disturbances.
No operation shall be conducted unless it conforms to the standards established by applicable state and federal health rules and regulations pertaining to radiation control;
F. 
Water Pollution.
No water pollution shall be emitted by manufacturing or other processing. In a case which potential hazards exist, it shall be necessary to install safeguards acceptable to the appropriate state and national health and environmental protection agencies prior to issuance of a certificate of occupancy. The applicant shall have the burden of establishing that said safeguards are acceptable to said agency or agencies.
(Ordinance 2252 adopted 7/1/14)