San Juan City Zoning Code
CHAPTER 1
ADMINISTRATIVE 1
§ 1.00 TITLE.
This Code shall be known and may be cited as the Unified Development Code of the City of San Juan, Texas.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 2.00 GENERAL PURPOSE AND INTENT.
(a)
The Development Code has been adopted in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the community. It is intended to consolidate in one place and in logical order without unnecessary duplication all of the regulations pertaining to buildings, land use and development. It is designed for those persons concerned with land use and development to have access to all applicable City regulations in one convenient location.
(b)
These regulations have been designed to assure the best possible community environment in accordance with the master plan (the Comprehensive Plan) of the City; and to provide for adequate municipal services.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 3.00 ADOPTION OF LEGISLATIVE GRANT OF POWER.
The following sections of Vernon’s Annotated Codes of the State of Texas are hereby adopted: Local Government Code, Chapters 41, 42, 43, 54, 211, 212, 213, 214, 215, 216, 217, 241, 242, 243, and 431; Property Code, Section 12.002; Water Code; Flood Control and Insurance Act, Sections 16.311 through 16.317; and Vernon’s Annotated Civil Statutes, Article 1175 and Article 4436. Provisions of this Code are adopted in the exercise of the power granted municipalities by these statutes and pursuant to the provisions of Article I of the Home Rule Charter of the City of San Juan.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 4.00 SEVERABILITY OF ARTICLE.
If for any reason any one or more sections, sentences, clauses or parts of this Code are held invalid, such invalidity shall not affect, impair or invalidate the remaining provisions of this Code but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Code held invalid. The invalidity of any section, sentence, clause or part of this Code in any one or more instances shall not affect or prejudice in any way the validity of this Code in any other instance.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 5.00 SCOPE OF ARTICLE.
This Code shall have application to all regulations and other matters governing the use and development of land, including regulations governing building, zoning, subdivisions, platting, floodplains, regulations, manufactured home parks and subdivisions and motor vehicle and pedestrian thoroughfares.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 6.00 APPLICABILITY.
(a)
Zoning.
The provisions of Chapter 2, the “Zoning Regulations”, shall not apply to property owned, used by the City or to property used to provide City-owned utilities. In the erection of buildings or other structures, City-owned facilities are to conform in architectural design or otherwise as nearly as possible to the buildings permitted in the zoning district in which they are erected.
(b)
Subdivisions.
The subdivision and platting regulations as set out shall apply to all governmental units and political subdivisions unless expressly preempted by state or federal law and to all areas within the extraterritorial jurisdiction of the City as provided in Vernon’s Local Government Code, Chapter 212.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 7.00 RULES OF CONSTRUCTION.
(a)
Words, phrases and terms not defined in this Code shall be given their usual and customary meanings except where the context clearly indicates a different meaning.
(b)
The text of this Code shall control captions, titles and maps.
(c)
The word “shall” is mandatory and not permissive; the word “may” is permissive and not mandatory.
(d)
Words used in the singular include the plural and words used in the plural include the singular.
(e)
Words used in the present tense include the future tense and words used in the future tense include the present tense.
(f)
In their interpretation and application, the provisions of this Code shall be deemed to set minimum standards and whenever the provisions, standards or requirements of any other applicable article of this Code are higher or more restrictive, the latter shall control.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 8.00 COMMENTARIES & MEMORANDA.
(a)
Within this Code, subsections prefaced “Commentary” are included. Each commentary is intended as an official statement similar to a legislative finding or statement of purpose or intent. Whenever a section of this Code is deemed to require clarification, explanation of its intent or further elaboration, that section is followed by a commentary. The commentaries have been legislatively adopted together with the formal text of this Code. They are intended as a guide to the administration and interpretation of the article and shall be treated as legislative history.
(b)
“Memoranda” represent policy statements developed by City staff or the City Attorney and are intended to represent the staff’s considered views on specific provisions of the Code. Memoranda do not have the force of law but are intended to provide a safe harbor to those relying on them.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 9.00 CONFLICT OF INTEREST.
(a)
A member of the City Commission or Planning and Zoning Commission of the City who has a substantial interest in a matter that is before consideration of the City Commission or the Planning and Zoning Commission shall file, before a vote or decision regarding the approval of a plat for the tract, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the City Secretary.
(b)
For the purposes of this section a person with substantial interest is one who:
(1)
has an equitable or legal ownership interest in the tract with a fair market value of two thousand five hundred dollars ($2,500) or more;
(2)
acts as a developer of the tract,
(3)
owns ten percent (10%) or more of the voting stock or shares of or owns either percent (10%) or more or $5,000 or more of the fair market value of a business entity that:
(A)
has an equitable or legal ownership interest in the tract with a fair market value of $2,500 or more; or
(B)
acts as a developer of the tract; or
(C)
receives in a calendar year funds from a business entity described by [this] subdivision;
(D)
that exceed percent (10%) of the person’s gross income for the previous year,
(c)
A person also is considered to have a substantial interest in a subdivided tract if the person is related in the first degree by consanguinity or affinity to another person who, under subsection (b), has a substantial interest in the tract.
(d)
Where a question of a member’s interest is raised, the chairman shall rule on whether the member should be disqualified.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 10.00 OFFICIAL ZONING MAP.
(a)
An official zoning map of the City shall be kept at City Hall, under the responsibility of the City Secretary and shall be available to the public at all times.
(b)
It shall be the duty of the Planning Director to keep the official map and copies current by entering on such maps any changes which the City Commission may order by amendments to the zoning regulation and map.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.01 DUTIES OF THE PLANNING AND ZONING COMMISSION.
The duties of the Planning and Zoning Commission are as follows:
(a)
To recommend the boundaries of original zoning districts and appropriate regulations to be enforced;
(b)
To hold public hearings and prepare a final report for the City Commission on recommendations for change in zoning district boundaries or regulations in zoning districts; and
(c)
To perform such other functions as are necessary or required by state law or City regulations.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.02 ESTABLISHED[;] COMPOSITION.
The Planning and Zoning Commission shall consist of five members and as many alternates as appointed by the City Commission.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.03 TERMS OF MEMBERS.
The five members and alternates of the Planning and Zoning Commission shall serve for overlapping two-year terms.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.04 CHAIRMAN.
§ 11.05 PRESIDING OFFICER.
The chairman shall preside over meetings of the commission. The vice-chairman shall preside in the absence of or at the request of the chairman. An additional presiding officer pro-tem may be selected by the commission members to preside over meetings in absence of both the chairman and the vice-chairman.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.06 QUORUM MAJORITY.
A quorum shall consist of four members of the commission. Final action on any matter shall require a majority vote of three (3) members except when the commission has twice held a public hearing and considered a zoning application and is unable to reach a majority vote. In such instances, the commission may submit a report instead of a recommendation to the City Commission.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 11.07 MEETINGS.
(a)
Regular Meetings.
Regular meetings shall be held the first and third Thursday of the month at 6:00 p.m. at City Hall. All meetings of the commission shall be open to the public. The place, day and/or hour of meetings may be changed by vote of the commission at any regular meeting. Notice of such action shall be published in the official City newspaper one (1) time at least ten (10) days prior to the effective date.
(b)
Notice:
Notice of each meeting shall be given;
(c)
Special Meetings:
Special meetings may be called by the chairman, provided that written notice thereof is mailed to each member at least forty-eight (48) hours prior to the time thereof;
(d)
Zoning applications.
Zoning applications shall be considered only at regular meetings.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 12.00 VOTING.
§ 13.00 RECOMMENDATIONS.
The Commission shall take no final action on any planning and zoning matter before it without first obtaining a recommendation from the Planning Director and reports from the other City departments concerned, as determined by the Commission.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 14.00 PUBLICITY.
Releases and statements to the public and press in the name of the Commission shall be made only by the presiding officer.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 15.00 COMPENSATION.
(Reserved)
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 16.00 THE CITY COMMISSION.
The City Commission may amend, supplement or change zoning districts or boundaries.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 17.00 ROBERT’S RULE OF ORDER.
Any question of order or procedure not covered by these rules shall be decided according to the latest edition of Robert’s Rules of Order, insofar as that may be applicable.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 1.00 ADMINISTRATIVE OFFICIAL.
The administrative official for the purposes of this Code shall be the City Manager and his or her assistants, deputies, and department heads insofar as they may be charged by the City Manager and the provisions of this Code with duties and responsibilities with reference thereto. Without limitation, the Directors or Heads of departments responsible for planning, public works, and building inspections shall ordinarily administer and enforce the provisions of this Code.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 2.00 VIOLATIONS DEFINED.
Any act of commission or omission contrary to the commands or directives of this Code, or any breach of any duty imposed by this Code, shall constitute a violation.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 3.00 CIVIL ENFORCEMENT.
(a)
The City, or any proper person, may institute any appropriate civil action or proceedings to prevent violations or threatened violations of these regulations. In particular, but without limitation, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Code, the City or any proper person may institute any appropriate action or proceedings to:
(1)
prevent such unlawful acts and to restrain, correct or abrogate such violation;
(2)
prevent the occupancy of the building, structure or land; or
(3)
prevent any illegal act, conduct, business or use in or about such premises.
The imposition of any penalty shall not preclude the City or any proper person from instituting any appropriate action or proceedings to require compliance with the provisions of this Code and with administrative orders and determinations made hereunder. |
(b)
Any violation of any provision of these regulations or any other ordinance establishing rules and regulations governing plats and subdivisions of land outside of the corporate limits of the City, but within its extraterritorial jurisdiction:
(1)
Shall be reported to the City Commission for whatever action the commission may deem proper, and the City Attorney shall, when so directed, institute an action in the district court to enjoin the violation of any provision of these regulations or other ordinance in the extraterritorial jurisdiction; and
(2)
Shall not constitute a misdemeanor under such ordinance nor shall any fine provided for in such ordinance be applicable to a violation within the extraterritorial jurisdiction.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 4.00 PENALTIES.
(a)
The penalty for violation of any section or other part of this Code is hereby established so that the minimum fine shall be twenty-five dollars ($25.00) and the maximum fine shall be two thousand dollars ($2,000.00). Each day a violation is permitted to exist shall constitute a separate offense.
(b)
In the event a defendant has once previously been convicted, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 5.00 REMEDIES.
(a)
Offenses and liabilities preserved.
All offenses committed and all liabilities incurred prior to the effective date of this Code shall be treated as though all prior applicable zoning ordinances and amendments thereto were in full force and effect for the purposes of sustaining any proper suit, action or prosecution with respect to such offenses and liabilities.
(b)
Effect of other ordinances and regulations.
Wherever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance or regulation than are established by the provisions of this Code, the provisions of such other statute, ordinance or regulation shall govern.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 6.00 NUISANCES.
(a)
Nothing in this Code shall be construed as repealing any ordinance of the City regulating nuisances or permitting uses which were prohibited prior to the adoption of this Code.
(b)
The erection, threat of erection, construction or maintenance of any building or the use of any premises in violation of the provisions of this Code shall be, and is hereby declared to be, a public nuisance when such threat, building or use of the premises constitutes a fire, health or traffic hazard or interferes with the reasonable peaceful enjoyment of their homes by citizens living in the vicinity of such buildings or premises.
(c)
In addition to the other remedies provided for the enforcement of this Code, the City Commission is authorized and empowered to hear and determine the facts in cases of alleged nuisances and where it finds that facts exist which constitute a nuisance as specified in subsection (b) above, the City Commission may order the cessation and abatement of such nuisance.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)
§ 1.00 Definitions.
Traffic lane or thoroughfare contained entirely within a development which is intended to allow for the movement of motorized traffic within the development (such as shopping center).
A subordinate building located on the same lot as the main building, the use of which is clearly incidental to and customarily found in connection with the main building or principal use of the property.
A use which is clearly incidental to and customarily found in connection with the principal use of the premises and which is located on the same lot as the principal use.
Written administrative interpretive directives and technical construction memorandum recommended by the City’s planning staff, discussed at a public meeting and officially adopted by a majority vote of the City Commission through minute orders. All directives and technical construction memorandum shall be numbered consecutively and shall have the effect of law.
A minor public right-of-way which is used primarily for vehicular and utility service access to the back or side of properties otherwise abutting on a public street.
As applied to a building or structure - a change or rearrangement in the structural parts or an enlargement, whether by extending on a side or by increasing in height, or the moving from one (1) location or position to another.
Any system of electrical conductors used for the transmission and/or reception of electromagnetic waves.
Any structure, mast, pole, tripod, or tower used for supporting an antenna or antennae.
A room or suite of rooms in an apartment house or building with other such rooms or suites arranged, designed or occupied as the residence of a single family, an individual or groups of individuals.
See Dwelling, Multiple.
An appeal to the Board of Adjustment where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement in the zoning article of this Code.
Recreational uses which are an integral part of a common ownership or associated or high density residential development (example: homeowners’ association with a private club or facility)
An architect, builder, developer or other person or persons empowered to act on behalf of property owners or other persons.
An establishment where alcoholic beverages are sold for on-premises consumption, other than a restaurant as defined in this section.
Base Zone shall refer to the base zone designations of the Zoning Regulations (Commercial, Residential, Industrial, Multifamily-I, Multifamily-II, etc.).
A building, other than a hotel, where lodging and meals are served for compensation.
A visual screen constructed of wood, concrete block, masonry, or landscape material in such a manner that adjacent property will be screened from the use contemplated, so that noise, solid waste or other objectionable influences will be avoided. Such buffer shall be horizontal to the ground, a minimum of six feet in height, and 100 percent opaque, except where extraordinary circumstances exist where additional height will more adequately accomplish the desired end.
Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind. The word building includes the word “structure.”
A mandatory building line or setback established by the City in certain areas abutting a thoroughfare either by special order, an Ordinance, this Code or a required covenant in a subdivision plat.
The officer, or other person, charged with the administration and enforcement of this Code, or his duly authorized representative.
The line within a property defining the permissible horizontal distance between a building and the adjacent street right-of-way.
The lot or portion of a lot which is designated on the building permit application and any existing buildings and appurtenant parking on the lot; or if designated, an artificial lot contained therein and delineated by the building official.
A planned development with a common theme and name intended to be used primarily for office, showroom, service, warehouse, and/or distribution purposes.
Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting services, protective services, equipment rental and leasing, commercial research, development and testing, and photo finishing.
The minimum diameter of a tree measured six (6) inches above the root collar for trees up to and including four (4) inches in diameter; twelve (12) inches above the root collar for trees having a diameter greater than four (4) inches and up to twelve (12) inches; and four and one-half (4.5) feet above the root collar for trees having a diameter larger than twelve (12) inches.
Space for the housing or storage of motor vehicles and enclosed by not more than two (2) sides by walls.
A facility that provides care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
The City of San Juan, Texas.
The Board of Commissioners of the City of San Juan, Texas.
An establishment where patients, who are not lodged overnight, are admitted for medical examination and treatment by a physician or by a group of physicians.
A building or portion thereof or premises owned or operated by a corporation, association, or person(s) for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
A use which may be suitable in certain locations in a zoning district if developed and operated under specific conditions and/or for a limited period of time.
The mean horizontal distance between the front and rear lot lines. See definitions of Front and Rear lot lines under Lot heading.
A structure having no party wall or common wall with another structure unless it is an accessory structure.
A section of the City for which the regulations governing the areas, heights or the use of buildings are uniform.
That area not used for general circulation, providing access from a street to one (1) or more dwelling units.
When used in this Code without other qualifications, means a structure occupied exclusively for residential purposes, including multiple dwelling unit structures.
Any building or portion thereof which is designed for or used primarily for residential occupancy, but not including hotels, boardinghouses or mobile homes:
Single-family: A building designed for and/or occupied exclusively by one family as a separate dwelling unit.
Duplex: A building designed for and/or occupied exclusively by two (2) families living separately and independently of each other.
Triplex: A building designed for and/or occupied exclusively by three (3) families living separately and independently of each other.
Fourplex: A building designed for and/or occupied exclusively by four (4) families living separately and independently of each other.
Multiple-Family: A building designed for and/or occupied exclusively by five (5) or more families living separately and independently of each other.
(The determination of whether one family is living independently of another is based on one or more of the following criteria: | |
(1) | separate sanitary facilities; |
(2) | separate kitchen facilities; |
(3) | separate entrances; and |
(4) | separate utilities.) |
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, another person, or entity.
An easement granted for installing and maintaining utilities, across, over or under land together with the right to enter thereon with machinery and other vehicles necessary for the maintenance of utilities.
An easement established on a lot for the purpose of prohibiting ingress and egress to vehicular traffic.
The areas of the City’s jurisdiction to regulate growth as determined under Chapter 42 and Section 212.001 of the Texas Local Government Code.
A family is any number of individuals living together as a single housekeeping unit with common sanitary and kitchen facilities.
The sum of the gross horizontal areas of all floors of a structure, including interior balconies and mezzanines, measured from the exterior face of exterior walls, or from the centerline of a wall separating two structures. The floor area shall include the area of roofed porches having more than one (1) wall and of accessory structures on the same lot. Stairwells and elevator shafts shall be excluded.
The ratio of the total building floor area in square foot to the total land area in square feet.
A building or premises used for storage, repair, rental or servicing of motor vehicles.
Any premises where motor vehicles are mechanically repaired, rebuilt or constructed.
An accessory building, attached or detached, designed or used for the storage of motor-driven vehicles owned and used only by the occupants of the buildings to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.
For buildings having walls adjoining one street only, the elevation of the sidewalks (or if no sidewalk, the top of the street curb) at the center of the wall adjoining the streets.
For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk (or if no sidewalk, the top of the street curb) at the centers of all the walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk or street exists the grade shall be established by the City Engineer. |
An accessory building designed for the temporary occupancy of guests of the primary dwelling for which there is no remuneration.
A space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable space.
The height of a building or portion of a building shall be measured from the average vertical distance established grade at the street lot line or from the average natural ground level, if higher, or if no street grade has been established, to the highest point of mansard roofs, and to the mean height level between eaves and ridge for hip or gable roofs. In measuring the height of a building the following structures shall be excluded: chimneys, cooling towers, radio towers, elevator bulkheads, penthouses, tanks, water towers, television antennas, ornamental cupolas, domes or spires and parapet walls not exceeding four feet in height.
Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which:
there is no sign other than a nameplate not more than one (1) square foot in area, or
no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling;
no commodity sold upon the premises;
no person is employed other than a member of the immediate family residing on the premises; and
no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes.
Reserved.
A building occupied as the more or less temporary abiding place of individuals who lodge with or without meals, in which; as a rule,
parking may be conveniently located;
the rooms are occupied singly for hire;
provision is not made for cooking in any individual apartment;
there are more than 12 sleeping rooms;
a public dining room for the accommodation of more than 12 guests; and
a general kitchen. (See definitions of Lodging House and Motel).
A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development (HUD), transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
A:
Any worn-out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
Any premises where junk, articles or materials, including junked, wrecked or inoperable vehicles, which are ready for destruction or which have been collected are stored for salvage or conversion to some use.
A tree of a species which normally reaches a height of thirty feet or more upon maturity.
A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of 12 by 50 feet and a vertical clearance of at least 14 feet.
A building other than a hotel or motel where lodging for five or more persons is provided for compensation. (See definitions of Hotel and Motel)
An undivided tract or parcel of land having frontage on a public street, and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated, as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly filed of record. The word “lot” includes the word “plot.”
Building coverage means percentage of the lot that is occupied by the ground area of a building and its accessory buildings.
Corner lot means a lot abutting upon two (2) or more streets at their intersection.
Lot, double frontage means a lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
Lot lines means the lines bounding a lot.
Front lot line means the property line between the front yard and the contiguous street right-of-way boundary.
Rear lot line means the property line between the rear yard and the adjacent property or right-of-way, and contiguous with the legal boundary of such use.
Side lot line means the property between two adjacent lots or between the side yard and the contiguous street right-of-way boundary on corner lots.
An entire designated lot which is part of an urban or town lot subdivision, the map or plat of which has been recorded in the office of the County Clerk of Hidalgo County; or a tract of land not a part of an urban or town lot subdivision, the deed of which has been recorded in the office of the County Clerk of Hidalgo County.
An easement granted by the owner of a lot adjacent to a zero lot line development, exclusively for the purpose of allowing the occupancy of a residence on the lot line access to the adjoining property in order to maintain that portion of his dwelling situated on the property line.
That part of the master plan designating the location, dimensions, and dedication requirements of expressways, primary arterials and secondary arterials.
The space entirely on private property required for maneuvering vehicles in such a manner as to preclude the backing of any vehicle into any street right-of-way.
A HUD-Code manufactured home or a mobile home. Term collectively means and refers to both.
A plot or tract of land which is separated into two (2) or more spaces or lots which are rented or leased or offered for rent or lease to persons for the installation of manufactured homes for use and occupancy as residences; provided, that the lease or rental agreement is for a term of less than sixty (60) months and contains no purchase option.
A complete and exact plan of the manufactured home park submitted to the Planning and Zoning Commission for final approval and which, if approved, will be submitted to the director of building inspections for filing.
The line within a manufactured home site defining the minimum horizontal distance between a manufactured home and the adjacent private street line.
A plot of ground within a manufactured home park which is designed for and designated as the location for only one (1) manufactured home and not used for any other purposes whatsoever other than the customary accessory uses thereof.
The type of street which is used to provide direct access to abutting properties and protection from through traffic.
A storage enterprise dealing with the reception of goods of residential or commercial orientation which lie dormant over extended periods of time. Separate storage units are rented to individual customers who are entitled to exclusive and independent access to their respective units.
A movable or portable dwelling originally constructed to be towed, on its own chassis, by a motor vehicle over public roads. A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.
A development of five (5) acres or more where parking facilities and accommodations are provided by the day, week, month or for a longer period of time, for or without compensation, arranged on a tract of land in such a manner as to provide an individual lot for mobile homes and recreational vehicles, when such units are being used for human habitation.
A dwelling unit in which more than fifty (50) percent of the structure is constructed at other than the construction site, brought to the site in modules, and set on a permanent foundation.
A group of attached or detached buildings containing individual sleeping or living units for more or less temporary abiding places, with garage attached or parking facilities conveniently located to each unit. To qualify under this category, there must be on the property an office which is open 24 hours a day identified as such by a sign. (See definitions of Hotel and Lodging House.)
Non-living organic and inorganic materials customarily used in landscape design to retard erosion, retain moisture, maintain even soil temperature, control weeds, and enrich the soil.
Any building, or portion thereof, which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in such building, and shall include flats and apartments.
An establishment whose primary activity is the provision of facilities for dancing, including a dance floor and live entertainment or amplified music. Such establishment may or may not provide on-premises consumption of alcoholic beverages. Schools of dance are exempted from this definition.
A building or premises occupied by or devoted to, a use that does not conform to the regulations of the use district in which it is situated.
An addition to a structure designed to enhance the appearance of the structure, in compliance with all of the following criteria:
Any space occupied by or enclosed by the ornamental feature should not be included in or made a part of the air-conditioned, heated, or enclosed portion of the structure;
The feature should serve no purpose or function for the structure other than ornamentation. The building should be equally functional without the feature as with the feature; and
The feature shall extend no further than 24 inches into a required yard.
The keeping, in an unroofed area of any goods, junk, material, or merchandise in the same place for more than twenty-four (24) hours.
Overlay Zone shall refer to a special zone designation applicable to one or more tracts or geographic areas within one or more particular base zone classifications which, because of peculiar circumstances, require compliance with (or lack of compliance with) a specified set of regulations applicable to the Overlay Zone which are not applicable to other tracts in a Base Zone Classification (See definition of Base Zone).
A motor vehicle, trailer, or boat which by itself or together with other structure(s) or vehicle(s) attached to it exceeds twenty-four (24) feet in length, eight (8) feet in width, or eight (8) feet in height, exclusive or appurtenances such as antennas, air conditioners, luggage racks, and mirrors.
The holder of the title in fee simple, and any person in whose name tax bills on the property are submitted. It shall also mean any person who, along or jointly or severally with others:
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession;
Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee or other person in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of this Code pertaining to the property, which apply to the owner; or
Shall mean any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.
An open, unoccupied space used or required for use for parking of automobiles exclusively and for no other use and in which no gasoline or automobile accessories are sold or no other business conducted and no fees are charged for parking.
A paved area, either concrete or asphalt, enclosed in the main building or in an accessory building, or unenclosed, not closer than six feet from the back edge of the curb having an area of not less than 180 square feet exclusive of driveways with a width and length which shall exceed by a minimum of two feet the dimensions of the type of vehicle normally to be parked in the space, and permanently reserved for the storage of one automobile and connected with a street or alley by a driveway which affords satisfactory ingress and egress, which driveway must also be paved with concrete or asphalt.
An area or structure used exclusively for the temporary storage of motor vehicles.
An open unoccupied space or a public [or] private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.
A real estate development which includes a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity, and which comply with provisions of the PUD provisions of the Subdivision Regulation.
The Planning and Zoning Commission of the City of San Juan, Texas.
The practice, materials and fixtures used in the installation, maintenance, extension and alterations of all piping, fixtures, appliances and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities; the venting system and the public or private water supply systems, within or adjacent to any building, structure or conveyance; also the practice and material used in the installation, maintenance, extension or alteration of stormwater, liquid waste or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.
A temporary building that does not have a foundation and is transportable.
A lot, plot or parcel of land, including the buildings or structures thereon.
The storage of materials in a warehouse or terminal and where such materials may be combined, broken down or aggregated for transshipment or storage purposes where the original material is not chemically or physically changed.
The person, entity[,] corporation, or partnership in whose name a certificate of occupancy issued, or the current owner of the property if a certificate of occupancy is no longer valid, or, if the current owner cannot be contacted after due diligence, the lessee/occupant of the property who is in actual control of such property.
A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as a travel trailer by the manufacturer of the trailer and, when factory equipped for the road, it shall have a body width not exceeding eight feet and a body length not exceeding the requirements of state law.
The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required existing facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term “repair” or “repairs” shall not apply to any change of construction.
Required by some provision of this Code.
Buildings in which families or households live, which include dwellings or dwelling units, or in which sleeping accommodations are provided, and all dormitories, shall be classified as residential occupancy. Such buildings include, among others, the dwellings, multiple dwellings and rooming houses.
A building, either portable or constructed on-site, utilized for storage purposes and not requiring plumbing and electrical wiring, and not used for living quarters.
A building or 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 sold, the adequacy of said kitchen facilities to be based upon the seating capacity of the restaurant and the type of menu offered, and where alcoholic beverages may be sold under the following conditions:
At least fifty-one (51) percent of the gross income shall be derived from the sale of prepared food.
Any outside entrances, outside separate identification, outside signs or other separate advertising for lounge or bar areas shall be permitted only as an accessory or secondary feature of the restaurant.
Live entertainment may be permitted.
Whenever the director of planning on the basis of a sworn complaint from any person determines that a violation of this section exists, he may require any person serving alcoholic beverages as an incidental use to provide the City, within 30 days of notification, a verified audit for each quarter of the calendar year, showing the gross income derived from the sale of food.
The sale of goods directly to a consumer, engaged in, pertaining to or relating to the sale of merchandise at retail; or selling by individual items, or by the piece, directly to a consumer.
A dividing line between a lot, tract or parcel of land and a public right-of-way.
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
an encircling structure of swollen tissue or a marked color change (from the tree bark) located at the highest part of the root system joining into the trunk of a tree at or slightly below the surrounding soil line.
An area with the radius of one (1) foot for each inch of trunk diameter measured at four and one-half (4-1/2) feet above the existing soil line or if the tree branches below four and one-half (4-1/2) feet, at the point where the smallest diameter closest to the branching occurs. The zone need not be exactly centered around the tree or circular in shape, but it should be positioned so that no disturbance occurs closer to the tree than one-half the radius of the zone, not exceed two thousand (2,000) square feet in size.
A device incorporating a reflective surface that is solid, open mesh, or bar configured; is in the shape of a shallow dish, cone, or horn; and is to be used to transmit and/or receive electromagnetic waves between terrestrially and/or orbitally based uses.
A name, identification, image, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land, and which directs attention to an object, product, place[,] activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street, right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are not signs. Included in this definition are the following signs:
Animated sign: A sign with action or motion, flashing color ranges requiring electrical energy, electronic or manufactured sources of supply, but not including wind-actuated elements such as flags, banners or special items.
Directional sign: A sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation deemed to be in the interest of the traveling public and having statewide or regional significance.
Freestanding sign: A sign which is supported by one or more columns, uprights or braces in or upon the ground.
Illuminated sign: A sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs and reflectorized, glowing or radiating signs.
Nameplate: A sign attached to a building not more than one square foot in area identifying the owner or lessor, and his title or occupation.
Off-premises sign: A sign, including the supporting sign structure, which directs the attention of the general public to a business, service or activity not usually conducted or a product not usually offered or sold upon the premises where such a sign is located. None of the following shall be deemed an off-premises outdoor advertising sign:
Official signs: Directional and other official signs authorized by law, including signs pertaining to scenic, historic, or other attractions, and signs which have as their purpose the protection of life and property.
On-premise sign: A sign which directs the attention of the general public to a lawful use of the premises on which it is located, including signs or sign devices indicating:
Portable sign: A freestanding and movable sign, designed to be temporary and mobile. This definition includes signs attached to trailers, but does not include signs permanently placed on the sides of motor vehicles.
Private directional signs: A sign:
not erected by or under authority of any governmental agency;
which contains only information designed to direct pedestrian or vehicular traffic;
and which contains no advertising material or a business name.
Examples of private directional signs include signs bearing only the word “entrance” or “exit” located on or near a parking lot. No sign which contains the name of a business or activity or any other advertising material shall be considered a private directional sign, even though such sign may also contain the word “entrance” or “exit”. A sign containing the word “parking” at any parking lot where any person is charged any fee or other monetary consideration for parking shall be considered an advertising sign, not a private directional sign. |
Real estate signs: Any sign smaller than three (3) feet by four (4) feet, temporarily advertising the sale or lease of the property upon which it is located, or any permanent sign affixed to a gate or entryway advertising only the name and address of a subdivision, apartment complex or residential district.
One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.
That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between such floor and the ceiling next above it.
A partial [story] under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal means of access to abutting property, excluding alleys.
A dividing line between a lot, tract or parcel of land and a contiguous street.
The area of a lot which lies between the property line along a dedicated street and the actual wall line of the building or, if no building exists, to the rear property line. Such building wall lines extend outward from the corners of the buildings.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, advertising signs, billboards, backstops for tennis courts, and arbors.
Paid for, furnished or provided by, or under control of the owner or operator.
A single-family dwelling unit constructed in a series, or a group of units having common walls, each on a separate lot.
Grass or low-level brush or other ground cover.
A public utility that provides water, sewer, gas or electricity or a water or sewer supply service corporation.
The process of supplying and removing air, by natural or mechanical means, to or from any space.
A sloping concrete pad constructed at sidewalks to assist mobility-impaired citizens using the sidewalks and crosswalks.
The sale of commodities for the purpose of resale, as to retailers or jobbers rather than to consumers directly; opposed to “retail.” Of, pertaining to, or engaged in sale at wholesale.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
Front yard: A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance required between the street or place line and the main building or any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
Rear yard: A yard extending across the rear of a lot and being the minimum required horizontal distance between the rear lot line and the rear of the main building or any projections other than the projections of the uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard.
Side yard: A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the sides of the main buildings or any projections thereof.
Width of Side Yard: The main horizontal distance between a side wall of a building and side line of the lot or to the centerline of any alley adjacent to such side lot line.
(1999 Unified Development Code; Ordinance 12-19, sec. I, adopted. 11/27/12)